FY2020-10 Annual Elevator Maintance / Service at Kodiak Fisheries Research ApartmentsApril 7, 2022
Kodiak Island Borough
Engineering & Facilities Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9357 Fax (907) 486-9394
dconrad@kodiakak.us
Clay Hotchkiss
TKE dba Thyssenkrupp Elevator Corp.
2000 W. International Airport Rd., Ste D6
Anchorage, AK 99502
RE: Third Year Extension of the Elevator Maintenance Contract
Contract# FY2020-1OC
Dear Mr. Hotchkiss:
With this letter the Kodiak Island Borough wishes to exercise our option for the third -year
extension to your existing Elevator Maintenance Contract until June 30, 2023. The same
provisions of the original contract will remain in effect.
Per the agreement between Kodiak Island Borough and TKE, Kodiak Island Borough was
supposed to receive an insurance certificate for the following: General liability, Worker's Comp,
and Automobile Insurance with the Borough named as "additional insured;". If you could please
verify your insurance meets the limits outlined in the original agreement and provide the Kodiak
Island Borough with a copy for our records.
You may acknowledge your acceptance of this renewal by signing on the next of this document
and returning to our office.
S ely,
Davi a.,_ ctor
Kodiak Island Borough
Engineering & Facilities Dept.
Extension Letter: Elevator Maintenance Contract
Contract # FY2020-10C
Page 1 of 2
ACKNOWLEDGEMENTS
Signatures of parties to contract acknowledging the extension of contract for another year.
ra
oxanne Murphy
Kodiak Island Borough Manager
Clay Hotchkiss
Thyssenkrupp Elevator Corp.
Date q I v -i / G Z -
Date 4/7/2022
Date ® d
2 -z-.-
Nova Javier, Att*ting
Kodiak Island B ough Acting Clerk
y i
Extension Letter: Elevator Maintenance Contract
Contract # FY2020-IOC
Page 2 of 2
August 13, 2021
Kodiak Island Borough
Engineering & Facilities Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9357 Fax (907) 486-9394
dconrad@kodiakak.us
Clay Hotchkiss
TKE dba Thyssenkrupp Elevator Corp.
2000 W. International Airport Rd., Ste D6
Anchorage, AK 99502
RE: Second Year Extension of the Elevator Maintenance Contract
Contract# FY2020-1OB
Dear Mr. Hotchkiss:
With this letter the Kodiak Island Borough wishes to exercise our option for the second -year
extension to your existing Elevator Maintenance Contract until June 30, 2022. The same
provisions of the original contract will remain in effect. This extension will also include the
increased service billing of 3.28% as requested by TKE dba Thyssenkrupp Elevator in the
attached letter.
Per the agreement between Kodiak Island Borough and TKE, Kodiak Island Borough was
supposed to receive an insurance certificate for the following: General liability, Worker's Comp,
and Automobile Insurance with the Borough named as "additional insured;". If you could please
verify your insurance meets the limits outlined in the original agreement and provide the Kodiak
Island Borough with a copy for our records.
You may acknowledge your acceptance of this renewal by signing on the next of this document
and returning to our office.
Sincerel , '
Ma;e
ProjectManager for
David Conrad, Director
Kodiak Island Borough
Engineering & Facilities Dept.
Extension Letter: Elevator Maintenance Contract
Contract # FY2020-1OB
Page 1 of 2
DocuSign Envelope ID: 710D70A1-E844-40B0-BF9F-5D871303F079
ACKNOWLEDGEMENTS
Signatures of parties to contract acknowledging the extension of contract for another year.
Mic ael Powers
Kodiak Island Borough Manager
DAVID CONRAD
-- DocuSigned by:
Grty �ulciu
Clay otc 'ss
Thyssenkrupp Elevator Corp.
Island BorougrCle
NDeO
®
C.
7 ci
Extension Letter: Elevator Maintenance Contract
Contract # FY2020- l OB
Page 2 of 2
Date 9A -Z., I ::�
8/23/2021
Date
Date 4"z,(
�-
TK Elevator Corporation 12000 W International Airport Road Suite D6 I
Anchorage, AK 99502
Kodiak Island Borough
710 Mill Bay Rd.
Kodiak, AK 99615-6340
Liz Osorio
P +1907 522-3002
liz.osorio@tkelevator.com
08.12.2021
NOTICE OF CONTRACT ESCALATION - US185899 - Kodiak Fisheries Research Center
Dear Customer,
Thank you for giving TK Elevator Corporation the opportunity to serve you. As your
elevator service provider, we strive each day to ensure customer satisfaction at a
reasonable price. From time to time we experience increased labor cost. Since the last
anniversary date of this agreement, the straight time hourly labor cost for elevator
examiners in your area increased by 3.28% (effective January 1, 2021).
We are increasing the service billing for the referenced maintenance agreement by a
maximum of 3.28%, making the new price no greater than as listed below, effective May 1,
2021.
Contract Number
Currently Monthly
Price
New Monthly
Price
Kodiak Fisheries Research Center
$190.55
$196.27
Should you have any questions, please do not hesitate to call us at (907) 522-3002.
Kind Regards,
Liz Osorio
Branch Administrator
TK ELEVATOR CORPORATION 12000 W International Airport Road Suite D6 I Anchorage, AK 99502 1 P +1 907 522-3002 1 www.tkelevator.com/us
October 29, 2020
Kodiak Island Borough
Engineering & Facilities Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9357 Fax (907) 486-9394
dconrad@kodiakak.us
Clay Hotchkiss
Thyssenkrupp Elevator Corp.
2000 W. International Airport Rd., Ste D6
Anchorage, AK 99502
RE: First Year Extension of the Elevator Maintenance Contract
Contract# FY2020-10A
Dear Mr. Hotchkiss:
With this letter the Kodiak Island Borough wishes to exercise our option for the first-year
extension to your existing Elevator Maintenance Contract until June 30, 2021. The same
provisions of the original contract will remain in effect.
Per the agreement between Kodiak Island Borough and Thyssenkrupp, Kodiak Island Borough
was supposed to receive an insurance certificate for the following: General liability, Worker's
Comp, and Automobile Insurance with the Borough named as "additional insured;". If you could
please verify your insurance meets the limits outlined in the original agreement and provide the
Kodiak Island Borough with a copy for our records.
You may acknowledge your acceptance of this renewal by signing at the bottom of this
document and returning to our office.
Sincerely,
David Conrad, Director
Kodiak Island Borough
Engineering &Facilities Dept.
L --
Extension Letter: Elevator Maintenance Contract
Contract # FY2020-10A
Pagel o£2
ACKNOWLEDGEMENTS
Signatures of parties to contract acknowledging the extension of contract for another year.
II �
Michael Powers
Kodiak Island Borough Manager
Clay H chkiss
Thyssenkrupp Elevator Corp.
Bo\
0 ox
4 Data
q<ASKX' E
po
DateP
Date 10.29.2020
(Ice, Attesting
Borough Clerk
Extension Letter: Elevator Maintenance Contract
Contract # FY2020-I OA
Page 2 of 2
Kodiak Island Borough
Engineering and Facilities Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone(907)486-9343
Fax (907) 486-9394
Professional Service
Agreement Between
Owner and Contractor
November 2019
Annual Elevator Maintenance and Service at the Kodiak
Fisheries Research Center
Between the owner:
And the contractor:
FY2020-10 Annual Elevator MairWService
1110112019 - 1013112020
Page 1 of 11
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Thyssenkrupp Elevator
2000 W. International Airport Rd.
Anchorage, AK 99502
TABLE OF CONTENTS
1.
PARTIES..............................................................................................................................................3
2.
CONTRACT TERMS..........................................................................................................................3
3.
CONTRACT EXTENSION OPTIONS...............................................................................................
3
4.
DUTIES................................................................................................................................................3
5.
CONTRACT PRICE............................................................................................................................
3
6.
QUALITY OF WORK.........................................................................................................................
4
7.
COMPLIANCE WITH LAWS............................................................................................................
5
8.
INDEMNIFICATION, DEFENSE AND HOLD HARMLESS PROVISION
.................................... 5
9.
IMPOSSIBILITY TO PERFORM.......................................................................................................
5
10.
EQUAL OPPORTUNITY....................................................................................................................
6
11.
INSURANCE.......................................................................................................................................
6
11.1.
INSURANCE CERTIFICATES....................................................................................................
6
12.
OWNERSHIP OF DOCUMENTS.......................................................................................................
7
13.
FACILITIES AND LICENSES...........................................................................................................
7
14.
TERMINATION..................................................................................................................................
7
14.1.
TERMINATION FOR CONVENIENCE......................................................................................
7
14.2.
TERMINATION FOR DEFAULT................................................................................................
7
15.
SUCCESSORS AND ASSIGNS..........................................................................................................
8
16.
MISCELLANEOUS.............................................................................................................................8
17.
AMENDMENT....................................................................................................................................9
18.
ADDENDUM(S)..................................................................................................................................9
19.
ENTIRE AGREEMENT......................................................................................................................
9
20.
REPRESENTATIVES.......................................................................................................................10
ACKNOWLEDGEMENTS.......................................................................................................................11
Professional Service Agreement Between Owner and Contractor
For: Annual Elevator Maintenance and Service at KFRC
Page 2 of 11
THIS AGREEMENT is made this 13'h day of November 2019.
PARTIES. The parties to this contract are the KODIAK ISLAND BOROUGH, acting by and
through its Borough Manager, party of the first part ("Borough"), and THYSSENKRUPP
ELEVATOR, incorporated under the laws of the State of Alaska, its successors and assigns,
party of the second part ("Contractor").
2. CONTRACT TERMS. This contract commences from this 1st day of November 2019
through October 31, 2020 with the option to extend as provided for in section 3.
3. CONTRACT EXTENSION OPTIONS. Upon satisfactory performance, determined solely by
the Borough Manager, the Borough may exercise the option to extend the contract for up to
four (4) additional one (1) year periods by providing notice of the exercise of the option to
extend at least 60 days before expiration of the current term. If the Borough provide notice of
extension, the Contractor shall accept or reject the extension within thirty (30) days of the
date the notice is sent by the Borough.
4. DUTIES. The Contractor, for and in consideration of the payment or payments herein
specified and agreed to by the Borough, hereby agrees to install the materials and to complete
and perform all the work and labor outlined in the Scope of Work Document attached to this
agreement for any Borough owned building annual elevator repairs and service. All work
done by the Contractor should be in accordance with the ASME Al7.1 2013. The Borough
has one elevator located at the Kodiak Fisheries Research Center located at 301 Research
Court, Kodiak, AK 99615.
5. CONTRACT PRICE.
5.1. The Contractor will perform the duties listed above for the Borough for the
following rates, not to exceed $25,000.00 in total without prior authorization from
the Borough Manager or designees.
A $1,800 for Quarterly Elevator Maintenance and Services
B $3,656 charge for all required Category 5 Full Load Testing.
C All materials provided by the contractor will have 25% markup rate.
D $366.80 per hour for regular time for a certified technician.
E $550.20 per hour for overtime for a certified technician.
Professional Service Agreement Between Owner and Contractor
For: Annual Elevator Maintenance and Service at KFRC
Page 3 of 11
F $660.24 per hour for crew regular time
G $990.36 per hour for crew overtime.
5.2. The warranty of the services provided to the Borough; The Borough has thirty (30)
days from the date of services provided to report any deficiencies to the Contractor.
5.3. The Contractor shall make all reasonable efforts to complete the all work during
normal work hours, and reasonable efforts to avoid extravagant expenditures in order
to fix malfunctions or deficiencies that have been reported.
5.4. The Contractor hereby agrees to receive the prices set forth in the proposal as full
compensation for furnishing all the materials and labor which may be required in the
prosecution and completion of the whole work to be done under this agreement, and
in all respects to complete said agreement to the satisfaction of the Borough Manager.
5.5. It is further distinctly agreed that the said Contractor shall not assign this agreement,
the duties or any part thereof, or any right to any of the monies to be paid to any other
party without written agreement between the Contractor and the Borough.
5.6. Payment for services rendered under this agreement shall be made by the Borough
within thirty [30] days of completion/delivery, acceptance by the Borough and
invoicing by Contractor.
5.7. A contract number or purchase order number MUST appear on all invoices, packing
lists, packages, shipping notices, instruction manuals, and any correspondence
regarding the contract and work therein.
6. OUALITY OF WORK. The Contractor agrees that the entire work shall be done under the
administration and to the complete satisfaction of the Kodiak Island Borough, subject to
inspection at all times and approval by any participating agency of the Government of the
United States of America, and in accordance with the laws of the State of Alaska and rules and
regulations of said Federal Agency.
6.1. The Contractor further agrees that all of said work and labor shall be done and
performed in the best and most workmanlike manner and that all materials and labor
shall be in strict and entire conformity in every respect with the Scope of Work
Document attached to this agreement and made a part hereof.
Professional Service Agreement Between Owner and Contractor
For: Annual Elevator Maintenance and Service at KFRC
Page 4 of 11
6.2. In the event that said materials or labor under this agreement should be rejected by
the Borough Manager or his authorized representative, as defective or unsuitable then
the said materials shall be removed or replaced with other approved materials and
the said labor shall be done anew to the satisfaction and the approval of the Borough
Manager or his representative, at the cost and expense of the Contractor.
7. COMPLIANCE WITH LAWS. The Contractor shall comply with professional standards and
all applicable Federal and State laws and local ordinances, including but not limited to, the
Federal Occupational Safety and Health Act of 1970 and Health Act of 1973 and amendments
thereto and all regulations issued there under by Federal, State, and local governments. The
Contractor agrees to indemnify and hold harmless the Borough from and against any and all
liability or direct consequential damage, including but not limited to, any fines, penalties, or
other corrective measures the Borough may suffer resulting from any violation by the
contractor of such acts.
8. INDEMNIFICATION. DEFENSE AND HOLD HARMLESS PROVISION. To the fullest
extent permitted by law, the Contractor agrees to defend, pay on behalf of, indemnify, and hold
harmless the Kodiak Island Borough, its elected and appointed officials, employees,
volunteers, and others working on behalf of the Borough against any and all claims, demands,
suits or loss, including all costs connected therewith, and for any damages which may be
asserted, claimed or recovered against or from the Borough, by reason of personal injury,
including bodily injury or death and/or property damage, including loss of use thereof, which
arises out of or is in any way caused by Contractor's performance under this agreement.
9. IMPOSSIBILITY TO PERFORM. The Contractor is not liable for any failure to perform its
obligations under this agreement, if that failure is caused by any unforeseeable force beyond
the control of, and without the fault or negligence of, the contractor. For the purposes of this
agreement, such forces shall mean any emergency under the Alaska Disaster Act (AS 26.23);
war (whether declared or not); revolution; invasion; insurrection; riot; sabotage; military or
usurped power; lightning; explosion; fire; storm; drought; flood; earthquake; epidemic;
quarantine; strikes; acts or restraints of governmental authorities affecting the project or
directly or indirectly prohibiting or restricting the furnishing or use of materials or labor
Professional Service Agreement Between Owner and Contractor
For. Annual Elevator Maintenance and Service at KFRC
Page 5 of 11
required; inability to secure materials, machinery, equipment, or labor because of priority,
allocation, or other regulations of any governmental authorities.
10. EQUAL OPPORTUNITY. The Contractor agrees that under this agreement they shall comply
with the applicable provisions of Title VI of the Federal Civil Rights Act of 1964 and all
amendments thereto; Title IX of the Education Amendments of 1972, the Age Discrimination
Act of 1975; Section 504, Rehabilitation Act of 1973; and all regulations issued thereunder by
the Federal and State governments. If the Contractor fails to comply with such acts and
regulations, the Borough shall have the right to immediately terminate this contract.
11. INSURANCE. Without limiting the Contractor's indemnification, it is agreed that the
Contractor will purchase, at his own expense and maintain in force at all times during the
performance of services under this agreement, the following policies of insurance. Failure to
maintain insurance may, at the option of the Borough Manager, be deemed Defective Work
and remedied in accordance with the agreement. Where specific limits are shown, it is
understood that they will be the minimum acceptable limits. If the Contractor's policy contains
higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As
a condition of award, certificates of insurance must be furnished to the Borough Manager.
11.1. INSURANCE CERTIFICATES: The Contractor must provide thirty (30) day prior
notice to the Borough in the event of cancellation, non -renewal or a material change
in the policy. Proof of insurance is required of the following:
A COMPREHENSIVE (COMMERCIAL) GENERAL LIABLITY INSURANCE with
coverage limits not less than $1,000,000 combined single limit per occurrence and
annual aggregates where generally applicable and will include broad form property
damage, blanket contractual, and personal injury coverage. For premises -operation and
products/completed operation coverage limits should be no less than $2,000,000.
B COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE covering all owned,
hired, and non -owned vehicles and with coverage limits not less than $1,000,000.
C WORKERS' COMPENSATION INSURANCE (if applicable) The Contractor shall
provide and maintain, for all employees of the Contractor engaged in work under this
agreement, Workers' Compensation Insurance as required by AS 23.30.045. The
Contractor will be responsible for Workers' Compensation Insurance for any
Professional Service Agreement Between Owner and Contractor
For: Annual Elevator Maintenance and Service at KFRC
Page 6 of 11
subcontractor who provides services under this Contract. This coverage must include
coverage in the amounts sufficient for statutory requirements.
11.2. During the contract term, the Borough shall be named as an "Additional Insured" under all
liability coverage listed above.
12. OWNERSHIP OF DOCUMENTS. The Borough owns all specifications, proposals, notes,
logs, photographs, and all other documents that the Contractor develops in the performance of
this agreement. The Borough may use these documents without additional compensation to the
Contractor. For one year after the Borough's final payment to the Contractor under this
agreement, the Contractor will, at the request of the Borough provide the Borough with any
materials related to or developed in the performance of this agreement. The Borough will pay
the Contractor for reasonable search and copying charges related to such requests.
13. FACILITIES AND LICENSES.
13.1. The Contractor will provide all facilities, equipment, supplies, services, and
personnel necessary to cavy out its duties under this agreement.
13.2. The Contractor will obtain all necessary permits and other authorizations that are
required by law to perform the services. During the contract term, the Contractor will
remain in good standing under all such permits, and will comply with all applicable
statutes, regulations, and ordinances.
14. TERMINATION. Both parties may agree in writing to terminate this agreement at any time;
either party may terminate the contract if the other party fails to perform in the manner called
for in the contract.
14.1. TERMINATION FOR CONVENIENCE: The Borough may terminate the contract,
in whole or in part, without showing cause, upon giving written notice to the
Contractor.
14.2. TERMINATION FOR DEFAULT: If the contractor refuses or fails to execute the
work or any separate part, with the diligence that will ensure its completion within
the time specified in this contract including any extension, or fails to complete the
work within this time, the Borough may, by written notice to the Contractor,
terminate the right to proceed with the work (or the separable part of the work) that
Professional Service Agreement Between Owner and Contractor
For: Annual Elevator Maintenance and Service at KFRC
Page 7 of 11
has been delayed. In this event, the Borough may take over the work and complete
it by contract or otherwise. The Contractor and its sureties shall be liable for any
damage to the Borough resulting from the Contractor's refusal or failure to complete
the work within the specified time, whether or not the Contractor's right to proceed
with the work is terminated. This liability includes any increased costs incurred by
the Borough in completing the work.
15. SUCCESSORS AND ASSIGNS. Except as otherwise provided herein, the covenants,
agreements and obligations herein contained shall extend to bind and inure to the benefit not
only of the parties hereto but their respective personal representatives, heirs, successors and
assigns.
16. MISCELLANEOUS.
16.1. TERMINOLOGY. Whenever herein the singular number is used, the same shall
include the plural, and the masculine gender shall include the feminine and neuter
genders.
16.2. LAW APPLICABLE. The laws of the State of Alaska shall govern the construction,
validity, performance and enforcement of this agreement. Venue as to any action,
claim, or proceeding arising out of, or based upon this agreement, including, but not
limited to, any action for declaratory or injunctive relief, shall be the appropriate
Court sitting in the City of Kodiak, Third Judicial District, Alaska.
16.3. PARAGRAPH HEADINGS. The headings of the several sections and subsections
contained herein are for convenience only and do not define, limit or construe the
contents of such sections and subsections.
16.4. TERMS CONSTRUED AS CONVENANTS AND CONDITIONS. Every term and
each provision of this agreement performable by Contractor shall be construed to be
both a covenant and a condition.
16.5. TIME OF THE ESSENCE. Time is of the essence of each term, condition, covenant
and provision of this agreement.
Professional Service Agreement Between Owner and Contractor
For: Annual Elevator Maintenance and Service at KFRC
Page 8 of 11
16.6. SEVERABILITY. In the event any provision of this agreement is adjudicated or held
to be invalid or unenforceable, the remaining provisions shall remain in full force and
effect.
16.7. NONWAIVER. No delay or omission of the right to exercise any power by either
party shall impair any such right or power or be construed as a waiver of any default
or as acquiescence therein. One or more waivers of any covenant, term or condition
of this agreement by either party shall not be construed by the other party as a waiver
of a subsequent breach of the same covenant, term or condition. The consent or
approval by either party to any act by the other party of a nature requiring consent or
approval shall not be deemed to waive or render unnecessary consent to or approval
of any subsequent similar act.
17. AMENDMENT.
17.1. This contract shall only be amended, modified or changed by writing, executed by
authorized representatives of the parties.
17.2. For the purpose of any amendment modification or change to the terms and
conditions of this contract, the only authorized representatives of the parties are.
A Contractor: THYSSENKRUPP ELEVATOR
B Kodiak Island Borough, Borough Manager
17.3. Any attempt to amend, modify, or change this contract by either an unauthorized
representative or unauthorized means shall be void.
18. ADDENDUM(S). The Borough has the right at any time during the term of this contract to
develop and enact addendums to the contract as a whole or to any part of the contract. Any
addendum(s) that arises during or after this contract has been awarded the vendor shall be
required to acknowledge said addendum(s) in writing with a signature from the vendors
designated representative. If the vendor chooses not to acknowledge the addendum(s) in whole
the Borough has the right to terminate the contract.
19. ENTIRE AGREEMENT. This agreement and any schedules, appendices or exhibits attached
hereto sets forth all the covenants, promises, agreements, conditions and understandings
between the parties hereto, and there are no covenants, promises, agreements, conditions or
Professional Service Agreement Between Owner and Contractor
For., Annual Elevator Maintenance and Service at KFRC
Page 9 of 11
understandings, either oral or written, between them other than as herein set forth. Except as
herein otherwise expressly provided, no contemporaneous or subsequent agreement,
understanding, alteration, amendment, change or addition to this agreement, or any schedule,
appendix, exhibit or attachment thereto shall be binding upon the parties hereto unless reduced
to writing and signed by both parties. This agreement constitutes a final, complete, and
exclusive statement of the agreement between the parties.
20. REPRESENTATIVES. Each party may deliver notices under this agreement to the
representative and address listed below:
Borough Representative: David Conrad
Engineering & Facilities Director
Kodiak, Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Contractor Representative: Clay Hotchkiss
(please enter name here)
Thyssenkrup Elevator
2000 W. International Airport Rd.
Anchorage, AK 99502
Professional Service Agreement Between Owner and Contractor
For: Annual Elevator Maintenance and service at KFRC
Page 10 of 11
ACKNOWLEDGEMENTS.
FOR THE CONTRACTOR:
A4friorized Representative for Contractor
Printed Name: Clay Hotchkiss
Title: Account Manager
Date: 11/13/2019
Title: 130 bush Clerk 1
7R THE KODI ISLAND _7rGH:
1." �4 &M � "� \1
David Conrad, Representative for K
Title: Engineering & Facilities Director
Date:
Date: -bo '—I'9�5 A
Professional Service Agreement Between Owner and Contractor
For: Annual Elevator Maintenance and Service at KFRC
Page 11 of 11
Kodiak Island Borough
Agreement
Amendment No. i
This Amendment No.t shall be made a part of this Agreement, and in the event of conflict with other articles, terms,
conditions or contract documents, this Amendment No.1 shall be final. In no event shall Thyssenkmpp Elevator Corporation
be liable under this Agreement for indirect, special, liquidated, incidental, exemplary or consequential damages, or for loss
of use, loss of income, loss of opportunity, or other similar remote damages.
Professional Service Agreement between Owner and Contractor
7. Amend so Contractor shall not be liable for liquidated, incidental, exemplary, special and/or consequential damages.
8. (And throughout the agreement) Amend so Contractors obligations to indemnify, defend and hold harmless shall be
limited to Contractor's own acts and actions, and shall in no way include for the acts, actions, omissions, or neglects of a
party indemnified hereunder, or for bare allegations.
11 Amend so Contractors Certificate of Insurance only contains standard ACORD cancellation language. Amend so the
required parties shall be added to Contractor's general liability insurance policy as an additional insured. Such additional
insured coverage shall only apply to the extent any damages covered by the policy are determined to be caused by
Contractors acts, actions, omissions or neglects and not to the extent caused by the additional insured's own acts, actions,
omissions, or neglects or for bare allegations. Amend so Contractors certificate of insurance shall govem as to form,
language, endorsements and waivers.
14. Amend so only in the event of nonperformance on behalf of Contractor, the Borough may terminate this Agreement with
thirty (30) day written notice, provided, however, Contractor is afforded thirty (30) days to remedy any alleged
nonperformance. Contractor must be notified in writing of specific nonperformance.
Kodiak Island Boro h ThyssenKrupp Elevator Corporation
Signature & / Signature & /
Date: — v Date:
11,15
Name &Title: ;ch�e�Ae�vers Name &Title. CL Nrk 4 k is Atav,rE_r
Kodiak Island Borough
Engineering and Facilities Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone(907)486-9343
Fax(907)486-9394
Attachment to the Professional
Service Agreement Between
Owner and Contractor
November 2019
Annual Elevator Maintenance and Service at the Kodiak Fisheries
Research Center
Agreement to terms added from the Request for Bids
Between the owner:
And the contractor:
FY2020-10A Amendment to Terms
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Thyssenkrupp Elevator
2000 W. International Airport Rd.
Anchorage, AK 99502
A ?
NOV 2 0 2019 '
t
SECTION I - PRICING
A. PRICING:
The bid prices must be exclusive of all federal, state, and local taxes. An Exemption Certificate
will be furnished when required.
B. Prices shall be broken down as follows:
• Elevator maintenance, inspection, and service to include quarterly
Category 1 Testing, calculated as an annual rate.
■ Category 5 Testing; calculated as a per occurrence rate.
■ Markup rate of parts provided as a percentage.
■ Hourly rates and overtime rates for labor.
C. The bidder shall provide a markup rate for parts and the hourly and overtime labor cost
above for any further work authorized by the Borough that is beyond the original elevator
inspections and preventative maintenance outlined in this contract.
No additional charge items:
• Trouble, deficiency, or malfunction calls; provided that the Borough
informs the vendor within thirty (30) days from the most recent date of
service.
SECTION II - SPECIFICATIONS
A. BACKGROUND
The Borough is soliciting bids from qualified vendors to complete all required elevator
maintenance and repairs as per the scope of work.
B. SCOPE OF WORK
1. Contractor shall provide all services necessary to inspect, maintain, test and certify the
Kodiak Fisheries Research Center (KFRC) elevator as required by safety Code for
Elevators and Escalators, ASME A17.1-2013.
2. Provide all labor, materials and certifications to complete the Borough's Elevator
Maintenance and Inspections required by code.
3. Maintenance and inspections shall include the following elevators:
a. AK #H000768 Kodiak Fisheries Research Center — Passenger - 2 Holed -
2500Lbs
4. All inspections and certifications must be completed before expiration from the
previous year's inspections.
Professional Service Agreement Between Owner and Contractor
For: Annual Elevator Maintenance and Service at KFRC
Attachment/Agreement to Terms Added from the Request for Bids
Page 2 of 6
C. DESCRIPTION OF WORK
1. The maintenance and service must be performed by trained personnel directly
employed and supervised by the vendor.
2. All work shall be performed in accordance with the State of Alaska Department of
Labor & Workforce Development adopted American Society of Mechanical
Engineers (ASME) A17.1 — 2013, Safety Code for Elevators and Escalators and the
latest edition of the "American Standard Safety Code for Elevators. Dumbwaiters.
and Escalators".
a. The vendor shall perform all work ordered by the State of Alaska Elevator
Inspector to ensure that the elevators and related equipment meet or exceed
State of Alaska ANSI A17.1 code requirements.
3. The vendor shall evaluate the performance of the elevator and its equipment as often
as needed, but at least once per quarter.
a. The vendor shall provide a schedule of each inspection or evaluation to be
done to the Borough.
b. The vendor shall submit a report of each completed inspection or evaluation to
the Borough in writing within ten (10) days of completing said inspection or
evaluation.
4. MAINTENANCE/SERVICE: must include quarterly inspection, lubrication, repair,
adjustment, and or replacement of the following parts:
➢ Controllers, including; relays, capacitors, contactors, leads, coils, line starters,
transformers, fuse holders and fuses, switches, wiring, connections, resistors,
rectifiers, power supplies, solid state equipment, microprocessors, selector
components, selector tape and cable, mechanical and electrical driving
components, etc.
➢ Motors, including; bearings, rotating elements, windings and coils, wiring,
frames, mounts, belts, sheaves, and connections.
➢ Pump and pump motors, including; valves, valve manifolds, mufflers, hydraulic
oil, filters, belts, pulleys, cylinder packing, above ground plunger and cylinder,
including all connectors, generator set and brushes.
➢ Hoisting machine, including; cables, compensating chains, generator, regulator,
gears, bearings, brake & lining, and drive sheave.
➢ Car door operator, door rollers, locks, hangers, spirators, gibs, guides, sash
weights, sight guards, and car door protection.
➢ Safety switches, load weighing switches, hoistway switches, governors, governor
components, tension sheaves, compensating sheaves, platforms, car and
counterweight safety devices, counterweight guides, roller guides, counterweight
sheaves.
➢ Fixtures including; car and hall buttons, car and hall lantern, position indicators,
keyed switches, lamps, and emergency light and bell.
➢ Perform routine inspections and tests of vertical platforms in accordance with 8
AAC 77.025(a).
➢ Category 1 inspections, annual, and five-year (Category 5) full load test as
required by ASME A17.1 2013 Safety Code for Elevators.
Professional Service Agreement Between Owner and Contractor
For: Annual Elevator Maintenance and Service at KFRC
AttachmenVAgreement to Terms Added from the Request for Bids
Page 3 of 6
5. MALFUNCTIONS: In the event the elevator malfunctions between scheduled
inspections, the vendor shall provide a qualified service representative for the purpose
of repairing the elevator within a reasonable amount of time.
a. The Borough has thirty (30) days from the date of services provided to report
any malfunctions or deficiencies to the vendor.
b. The vendor shall be responsible for all part or material costs to remedy such
malfunctions or deficiencies.
c. The vendor shall make all reasonable efforts to complete the work during
normal work hours, and reasonable efforts to avoid extravagant expenditures
in order to fix malfunctions or deficiencies that have been reported.
D. SUITABLE MATERIAL
1. During the course of this contract, unless otherwise specified, all materials, supplies,
or equipment offered by a vendor shall be new from the original equipment
manufacturer (OEM), unused, of recent manufacture, and suitable for the
manufacturer's intended purpose.
2. Obsolete or unavailable OEM parts must be replaced with the highest quality vendor
parts available.
3. Minor consumable parts can be stocked on the job. The vendor must also stock minor
parts specific to our elevators in their warehouse. Major parts not stocked must be
shipped next day air when required.
4. The vendor warrants all articles, materials, and equipment supplied under a contract
resulting from this request for quote to the specifications of this contract, to be fit and
sufficient for the use specified, to be merchantable quality, and to be free from defect
of materials or workmanship.
5. Equipment, articles, and/or materials received which do not conform o the above
warranties, may be held at the vendor's risk of loss or damages, or returned at the
vendors expense at the discretion of the Borough.
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1. During the duration of this contract the vendor will coordinate with the Borough to
have and maintain an information library that will be located in the elevator closet on
site at all times.
2. This information library shall consist of manufacturer's equipment maintenance
schedules, equipment schematics, layouts, parts list, etc., and other basic information
needed to properly maintain the included elevator systems.
3. The vendor shall, within thirty (30) days of the award this contract, submit copies of
the schedules, checklists, reports, and tests which will be used for conduction and
recording all preventative maintenance for the Borough's information and to be
stored in the information library.
a. The Borough reserves the right to request additions or alterations to these
documents as they deem necessary.
4. Upon termination of the contract, the Borough shall become sole owners of all the
above referenced records.
Professional Service Agreement Between Owner and Contractor
For: Annual Elevator Maintenance and Service at KFRC
Attachment/Agreement to Terms Added from the Request for Bids
Page 4 of 6
F. TERM OF CONTRACT
1. The contract start date will begin November 1, 2019 and could continue thereafter
unless otherwise terminated as provided herein or until October 31, 2020.
2. Upon satisfactory performance, determined solely by the Borough Manager, the
Borough may -exercise the option to extend the contract for up to four (4) additional
one (1) year periods by providing notice of the exercise of the option to extend at least
60 days before expiration of the current term. If the Borough provide notice of
extension, the vendor shall accept or reject the extension within thirty (30) days of the
date the notice is sent by the Borough.
Professional Service Agreement Between Owner and Contractor
For: Annual Elevator Maintenance and Service at KFRC
Attachment/Agreement to Terms Added from the Request for Bids
Page 5 of 6
ACKNOWLEDGEMENTS.
FOR THE CONTRACTOR:
1valfi6rize'd Representative a ntractor
Printed Name: Clav Hotchkiss
Title: 4i f /l%,✓�
LR TR T K IIIt4K'SLA BOROUGH:
David Conra , Representativ for KIB
Title: Eneineeerina R Facilities Director
Date: 11 12J 12rj��
Date: 4"( zo/9,�` , ND So '* G
Q (1
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�jt1
linsky
Title:
Date:tt��2.0 L 1
Professional Service Agreement Between Owner and Contractor
For: Annual Elevator Maintenance and Service at KFRC
Attachment/Agreement to Terms Added from the Request for Bids
Page 6 of6