HomeMy WebLinkAbout250572 SCHINDLER ELEVATOR CORPORATION - CONTRACT - RFP - P1140 ELEVATOR MAINTENANCE AND REPAIRServices Agreement
Elevator Maintenance and Repair
Work Order Type
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and SCHINDLER ELEVATOR CORPORATION, hereinafter referred to
as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services
for Elevator Maintenance and Repair. The terms and conditions set forth herein and those set
forth in Exhibit "B", Additional Terms and Conditions, consisting of three (3) pages, and
incorporated herein by this reference, shall apply to all services performed by the Service
Provider on behalf of the City. In particular, Elevator Maintenance shall be carried out as
described in the Scope of Work, attached hereto as Exhibit "A", consisting of three (3) pages,
and incorporated herein by this reference. When needed, Elevator Repair shall be carried out
according to the conditions set forth herein and applicable Work Orders agreed upon in writing
by both parties. Such Work Orders, a sample of which is attached hereto as Exhibit "C",
consisting of one (1) page, and incorporated herein by this reference, shall include a description
of the services to be performed, the location and time for performance, the amount of payment,
any materials to be supplied by the City and any other special circumstances relating to the
performance of services. No work order shall exceed $75,000. The only services authorized
under this agreement are those which are performed after receipt of such Work Order, except in
emergency circumstances where oral work requests may be issued. Oral requests for
emergency actions will be confirmed by issuance of a written Work Order within two (2) working
days.
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular services
assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work. The City reserves the right to independently bid any services
rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
3. Time of Commencement and Completion of Services The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
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Exhibit B: Additional Terms and Conditions
1. No services or work other than specifically set forth herein are included or intended by
this Agreement.
2. You retain your responsibilities as Owner and/or Manager of the premises and of the
Equipment. You will provide us with clear and safe access to the Equipment and a safe
workplace for our employees as well as a safe storage location for parts and other materials to
be stored on site which remain our property, in compliance with all applicable regulations related
thereto, you will inspect and observe the condition of the Equipment and workplace and you will
promptly report potentially hazardous conditions and malfunctions, and you will call for service
as required; you will promptly authorize needed repairs or replacements outside the scope of
this Agreement, and observe all testing and reporting responsibilities based upon local codes.
You will not permit others to work on the Equipment during the term of this Agreement. You
agree that you will authorize and pay for any proposed pre -maintenance repairs or upgrades
(including any such repairs or upgrades proposed during the first 30 days of this agreement), or
we will have the option to terminate this Agreement immediately, without penalty to us. You
agreed to post and maintain necessary instructions and/or warnings relating to the equipment.
Not applicable, deleted.
4. Neither party shall be responsible for any loss, damage, detention or delay caused by
labor trouble or disputes, strikes, lockouts, fire, explosion, theft, lightning, wind storm,
earthquake, floods, storms, riot, civil commotion, malicious mischief, embargoes, shortages of
materials or workmen, unavailability of material from usual sources, government priorities or
requests or demands of the National Defense Program, civil or military authority, war,
insurrection, failure to act on the part of either party's suppliers or subcontractors, orders or
instructions of any federal, state, or municipal government or any department or agency thereof,
acts of God, or by any other cause beyond the reasonable control of either party. Dates for the
performance or completion of the work shall be extended by such delay of time as may be
reasonably necessary to compensate for the delay.
5. Not applicable, deleted.
6. The Equipment consists of mechanical and electrical devices subject to wear and tear,
deterioration, obsolescence and possible malfunction as a result of causes beyond our control.
The services do not guarantee against failure or malfunction, but are intended to reduce wear
and prolong useful life of the Equipment. We are not required to perform tests other than those
specified previously, to install new devices on the equipment which may be recommended or
directed by insurance companies, federal, state, municipal or other authorities, to make changes
or modifications in design, or to make any replacements with parts of a different design. We are
responsible to perform such work as is required due to ordinary wear and tear. [Unless
otherwise agreed], We are not responsible for any work required due to obsolescence; accident;
abuse; misuse; vandalism; adverse machine room conditions (including temperature variations
below 60 degrees and above 90 degrees Fahrenheit) or excessive humidity; adverse premises
or environmental conditions, power fluctuations, rust, or any other cause beyond our control. We
will not be responsible for correction of outstanding violations or test requirements cited by
appropriate authorities prior to the effective date of this agreement.
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7. Invoices (including invoices for extra work outside the fixed price) will be paid upon
presentation, on or before the last day of the month prior to the billing period. Late or non -
payments will result in;
(a) Interest on past due amounts at 1-1/2% per month or the highest legal rate available;
(b) Termination of the Agreement on ten (10) days prior written notice; and
(c) Attorneys' fees, cost of collection and all other appropriate remedies for breach of contract.
8. Not applicable, deleted.
9. Any proprietary material, information, data or devices contained in the equipment or
work provided hereunder, or any component or feature thereof, remains our property. This
includes, but is not limited to, any tools, devices, manuals, software (which is subject to a limited
license for use in this building/premises/ equipment only), modems, source/ access/ object
codes, passwords and the Schindler Remote Monitoring feature ("SRM") (if applicable) which
we will deactivate and remove if the Agreement is terminated.
10. You will prevent access to the Equipment, including the SRM feature and/or dedicated
telephone line if applicable, by anyone other than us, except for your own technicians. City
technical staff may accompany our technicians during maintenance and repair operations. In
addition, City maintenance technicians may trained by Schindler staff to perform routine
cleaning and minor maintenance between regular service calls and they may take action to limit
contamination and/or damage related to equipment failure while waiting for Schindler
technicians to arrive. We will not be responsible for any claims, losses, demands, lawsuits,
judgment, verdicts, awards or settlements ("claims") arising from the use or misuse of SRM, if it
or any portion of it has been modified, tampered with, misused or abused. We will not be
responsible for use, misuse, or misinterpretation of the reports, calls, signals, alarms or other
such SRM output, nor for claims arising from acts or omissions of others in connection with
SRM or from interruptions of telephone service to SRM regardless of cause.
11. Should this Agreement be accepted by you in the form of a purchase order, the terms
and conditions of this Agreement will take precedence over those of the purchase order.
12. Schindler Elevator Corporation is insured at all locations where it undertakes business
for the type of insurance. You agree to accept in full satisfaction of the Insurance requirements
for this Agreement, our standard Certificate of Insurance. We will not name additional insureds.
Limits of liability as follows:
(a) Workers' Compensation - Equal to or in excess of limits of Workers' Compensation laws in
all states and the District of Columbia.
(b) Comprehensive Liability - Up to Two Million Dollars ($2,000,000.00) single limit per
occurrence, Products/Completed Ops Aggregate $5,000,000.
(c) Auto Liability-$5,000,000 CSL.
(d) Employer's Liability-$5,000,000 Each Accident/Employee/Policy Limit
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13. You hereby authorize us to produce single copies of the EPROM and/or ROM chips for
each elevator subject to this Agreement for the sale purpose of archival back-up of the software
embodied therein. The duplicate chip(s) for a given elevator shall be identified by serial number,
or other means, and shall be stored on the building premises in a secured area in the elevator
equipment room or you may retain possession. We agree that back-up chips are not for the
benefit of purchase or sale, or for use in other elevator systems, and shall be used for no other
purpose than the replacement of a defective or damaged chip on the particular elevator. In the
event that the your continued possession of the computer program should cease to be rightful,
we agree that all such archival copies shall be destroyed.
14, You acknowledge that certain replacement parts, such as printed circuit boards or
control related parts, may be difficult to obtain. While we do not anticipate problems or delays
obtaining such parts, it may be necessary or desirable for you to order such parts directly from
the original equipment manufacturer ("OEM"). You agree, in such event, to order parts promptly
from the OEM, at any time and from time to time, as specified by us. We agree to reimburse you
for the reasonable cost of such parts (as covered by this Agreement) promptly upon receipt from
you of copies of the invoice(s) together with appropriate payment documentation.
15. Should conditions arise requiring use of the OEM diagnostic tool, we will promptly notify
you. You agree, in such event, to promptly contact the OEM for diagnostic service and repair.
You will be responsible for all costs related to such service and repair. You further agree that we
shall not be responsible for any delays, damage, costs or claims associated with you or OEM's
failure to timely provide a diagnostic tool.
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Exhibit C: Work Order Form
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND SCHINDLER ELEVATOR CORPORATION
DATED: November 7, 2008
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
User Acceptance
Professional agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Professional Services
Agreement between the parties. In the event of a conflict between or ambiguity in the terms of
the Professional Services Agreement and this work order (including the attached forms) the
Professional Services Agreement shall control.
Professional
The attached forms consisting of _ (_) pages are hereby accepted and incorporated herein,
by this reference, and Notice to Proceed is hereby given.
City of Fort Collins
0
By:
Director of Purchasing and Risk Management (over $60,000.00)
Date:
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Addendum to the agreement between the
City of Fort Collins and Schindler Elevator Corp.
dated November 7, 2008
Elevators covered under the Agreement.
Addendum date: 11/14/2008
Addendum to the agreement between the
City of Fort Collins and Schindler Elevator Corp.
dated November 7, 2008
Director of FurGhasing & Risk NJanagement
Date: I f ! `2 i
/
Elevators covered under the Agreement.
Addendum date: 11/14/2008
District Manag
Date:
4. Contract Period. This Agreement shall commence November 7. 2008, and shall
continue in full force and effect until November 6. 2009, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed four (4) additional one year periods. Pricing changes shall be
negotiated by and agreed to by both parties and generally may not exceed the Denver - Boulder
CPI-U, as published by the Colorado State Planning and Budget Office. Written notice of
renewal shall be provided to the Service Provider and mailed no later than sixty (60) days prior
to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause.
To the extent that the performance is prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior
to the termination date contained in said notice unless otherwise agreed in writing by the
parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following address:
Professional: City: With Copy to:
Schindler Elevator Corp. City of Fort Collins City of Fort Collins, Purchasing
6950 West Jefferson, Suite 210 Attn: Doug Heustis PO Box 580
Lakewood, CO 80235 P.O. Box 580 Fort Collins, CO 80522
303-262-6109 Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's
sole right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price.
The actual amount of work to be performed will be stated in the Scope of Work and on the
individual Work Orders. The City makes no guarantee as to the number of Work Orders that
may be issued or the actual amount of services which will in fact be requested. The City
agrees to pay the sum of $2,160 per month for the Schindler Custom Maintenance Program, as
described in Exhibit "A". Payments will be made in quarterly installments of $6,480. For repairs
not covered by the Maintenance Program, labor and related charges will be:
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Mechanic Straight Time
$185.00 per hour
Mechanic Overtime Rate (1.7)
$314.50 per hour
Mechanic Double Time
$370.00 per hour
Team Straight Time:
$333.00 per hour
Team Double Time:
$666.00 per hour
Mileage Charge:
$0.53 per mile
Cartage
(n/a in Schindler vehicles)
Zone Pay:
$57.20 (single charge per service call)
8. Payments.
The City agrees to pay and the Service Provider agrees to accept as full payment for all work
done and all materials furnished and for all costs and expenses incurred in performance of the
work. Payment for Elevator Maintenance shall be made on a schedule acceptable to both
parties. Payment for Elevator Repairs shall be made by the City upon acceptance of the work.
9. City Representative. The City's representative will be shown on the specific Work
Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall
be directed to the City Representative.
10. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
11. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the city.
12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of
the services shall not be construed to operate as a waiver of any rights under the Agreement or
of any cause of action arising out of the performance of this Agreement.
13. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement against defects in design, materials and
workmanship for a period beginning with the start of the work and ending
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twelve (12) months from and after acceptance by the City. Upon receipt
of written notice from City of any such defect, the affected item or part
thereof shall be repaired or replaced by Service Provider in a manner and
at a time acceptable to City.
14. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according
to the terms of this agreement, such party may be declared in default thereof.
15. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees
and costs incurred because of the default.
16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representative, successors and assigns of said parties.
17. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability of any
character whatsoever, brought or asserted for injuries to or death of any person or persons, or
damages to property arising out of, result from or occurring in connection with negligence with
respect to performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain Owners and Contractors Protective Liability (OCPL) insurance
coverage as specified in Exhibit "B". Such policy must list "Contractual Liability". The Service
Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, 215 N Mason, 2nd Floor, Fort Collins, Colorado 80524, one
copy of a certificate evidencing the insurance coverage required from an insurance company
acceptable to the city. A new certificate must be delivered at the time of any agreement renewal
or whenever Service Provider's insurance coverage is materially changed.
d. Service Provider will not be liable in any event for special, indirect or consequential
damages, which include but are not limited to loss of rents, revenues, profit, good will, or use of
Equipment or property, or business interruption.
18. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
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19. Law/Severability. This Agreement shall be governed in all respect by the laws of the
State of Colorado. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
20. Prohibition Against Employing Illegal Aliens Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, administered by the United States
Department of Homeland Security (the "e-Verify Program") or the Department
Program (the "Department Program"), an employment verification program
established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the
employment eligibility of all newly hired employees to perform work under this
Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service
Provider has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Service Provider
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department') made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
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f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual
and consequential damages to the City arising out of Service Provider's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates
this provision of this Agreement and the City terminates the Agreement for such breach.
City of Fort Collins 1 ((
By:
James . 04ill II, CPPO
Director of Purchasing & Risk Management
Date:
m
Schindler Elevator CC oration
Doug Crane
District Manager
Date:
Exhibit A: Scope of Work
SCHINDLER ELEVATOR CORPORATION ("Schindler", "we", "us"), and THE CITY OF FORT
COLLINS, ("you") agree as follows:
PREVENTIVE MAINTENANCE SERVICE
• Our preventive maintenance program performed in accordance with a maintenance
schedule specific to your equipment
• Examine, lubricate, adjust, and repair/replace covered components
• Prompt callback coverage
• Safety testing
• Customer friendly and responsive communications
PREVENTIVE MAINTENANCE PROGRAM
Our Preventive Maintenance Program, as described in this agreement will be performed in
accordance with a maintenance schedule specific to your equipment. A Schindler technician
will be assigned to you, and back up technicians are available as required to give you prompt
service as required at all times. A Schindler account representative will be assigned to you, and
will be your primary contact for communications regarding your agreement. Also available to
you is our extensive technical support and parts inventory, at the site as needed, and local
warehouses and our national Service Distribution Center available for express delivery in
emergencies.
EXAMINE, LUBRICATE, ADJUST, AND REPAIR/REPLACE COVERED COMPONENTS
We will on a periodic basis examine, lubricate, adjust, and as needed repair or replace the
Covered Components listed below.
HYDRAULIC ELEVATORS
Basic components: Controller components: resistors, timers, fuses, overloads, minor
contacts, wiring, coils; packing, drive belts, strainers, functional components of car and corridor
operating stations, hangers and tracks, door operating devices, door gibs, guide shoes, rollers,
traveling cables, signal lamps (replacement during regular visits only), interlocks, door closers,
buffers, switches, door protection devices, and alarm bells.
Major components: Exposed piping in the Machine Room & hoistway, motor, PC boards,
pump, pump unit, solid state devices, contactors, and valve.
We assume no responsibility for the following items: hoistway door hinges, panels, frames,
gates and sills; cabs and cab flooring; cab doors, gates and removable cab panels; cab mirrors
and handrails; power switches, fuses and feeders to controllers; emergency cab lighting; light
fixtures and lamps; cover plates for signal fixtures and operating stations; card readers or other
access control devices; smoke/fire alarms and detectors; pit pumps and alarms; cleaning of cab
interiors and exposed sills; plungers, casings and cylinders; automatic ejection systems; all
piping and connections except that portion which is exposed in the machine room and hoistway;
guide rails; tank; emergency power generators; telephone service, communication devices;
disposal of used oil; intercom or music systems; ventilators, air conditioners or heaters; media
displays; fireman's phones; exterior panels, skirt and deck panels, balustrades, relamping of
illuminated balustrades; attachments to skirts, decking or balustrades; moving walk belts;
pallets; steps; skirt brushes; sideplate devices; any batteries associated with the equipment;
obsolete items, (defined as parts, components or equipment either 20 or more years from
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original installation, or no longer available from the original equipment manufacturer or an
industry parts supplier, replaceable only by refabrication.)
CLEANING
We will periodically clean the machine room, car top, and pit of debris related to our work in
these areas.
TESTING OF SAFETY DEVICES
Equipment Test Frequency
Hydraulic Pressure/Relief Valve Annually
Our testing responsibilities do not include fees or changes imposed by local authorities in
conjunction with inspecting, licensing or testing the Equipment; changes in the testing
requirements after the initial start date of this Agreement, or any other testing obligations other
than as specifically set forth above.
CUSTOMER FRIENDLY AND RESPONSIVE COMMUNICATIONS
Service dispatching will take place through our Schindler Customer Service Network (SCSN),
which is staffed by qualified Schindler personnel, 24 /7. You will be provided with a customer
identification number, which must be referenced when a call is placed for your facility. Our
dispatchers will have access to your building's service call records, and will promptly relay the
details of your call to the assigned technician. Your cab telephone will be directly programmed
to dial SCSN.
You will also have access to Schindler SCORE CARDT,", through Schindler's website, which
gives you instant access to the performance history of your equipment covered by this
Agreement.
ADDITIONAL COVERAGES
We will remotely monitor (if applicable) those functions of the Equipment described above which
are remote monitoring capable. Our remote monitoring system ("SRM") will automatically notify
us if any monitored component or function is operating outside established parameters. We will
then communicate with you to schedule appropriate service calls. Monitoring will be performed
on a 24 hour, 7 day basis and will communicate toll free with our Customer Service Network
using dedicated elevator telephone service. The operation and monitoring of SRM is contingent
upon availability and maintenance of dedicated elevator telephone service. You have the
responsibility to install, maintain and pay for such telephone service, and to notify us at any time
of any interruption of such telephone service. If requested, you will provide the proper wiring
diagrams for the equipment covered. These diagrams will remain your property, and will be
maintained by Schindler for use in troubleshooting and servicing the equipment.
CALLBACK RESPONSE TIME
We will respond to callbacks during regular working hours within an average of 4 hours of
notification, and during overtime hours within an average of 6 hours of notification, unless we
are prevented from doing so by causes beyond our control.
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HOURS OF SERVICE
We will perform the services during our regular working hours of regular working days,
excluding elevator trade holidays. The services include callbacks for emergency minor
adjustment callbacks during regular working hours, including all calls received prior to 3:30 p.m.
local time. If you authorize callbacks outside regular working hours, you will pay us at our
standard billing rates, plus materials not covered by contract, expenses and travel. All other
work outside the services will be billed at our standard billing rates. A request for service will be
considered an "emergency minor adjustment callback' if it is to correct a malfunction or adjust
the equipment and requires immediate attention and is not caused by misuse, abuse or other
factors beyond our control. The term does not include any correction or adjustment that
requires more than one technician or more than two hours to complete.
SPECIAL TERM
The term "periodically" refers to preventative maintenance performed six times per year (every
other month).