HomeMy Public PortalAboutSt Joseph Hall troubled status for HOME request 9.29.21 v
µ M TRO WEST
COLLABORATIVE DEVELOPMENT
To: Eamon Bencivengo, Housing Development Planner
From: Jennifer Van Campen, Executive Director
Re: St. Joseph Hall and additional HOME funding request
Date: September 21, 2021
Proiect Backeround:
St. Joseph Hall (25 unit elderly) received$666,641 in Watertown HOME funds (in 2012 and
2013) and the project closed out of IDIS in early 2014. This resulted in the creation of seven 1-
bedroom HOME assisted units. The $5.4 million project included 4% LIHTC and numerous
State and Local funding sources. The scope of the renovation was approximately $2.6 in
construction costs, but did not include a roof replacement because the architect and general
contractor felt that the approximately 11 year old roof was serviceable. Similarly,the team also
"value engineered" out of the initial renovation scope the replacement of the elevator because the
consensus was that it could be made to last with manageable investments over time.
In 2015 the St. Joseph Hall roof began to fail and"troubled status"was granted by HUD and the
Consortium approved the addition of$237,330 in HOME funds. This increased the HOME
funding to $903,971 and extended the Affordability Period to 2035.
In 2017 the elevator manufacturer/servicer recommended a significant overhaul of the elevator's
systems that would result in its being inoperable for 3-4 weeks. Therefore, in addition to a
significant direct construction cost there would also be significant relocation cost because the
elderly tenants are largely unable to reside in the 4-story building without an elevator. Their
proposal is attached. The budget developed in 2017 was $171,351 and thus would have
consumed nearly 50%of the property's reserves. Our LIHTC partner,the Mass Housing
Investment Corp. (MHIC), was not enthused to authorize this expenditure given that the property
was only 30%through its compliance period and therefore, no action was taken at the time.
In August 2019, the elevator became inoperable and forced an emergency relocation of a
majority of tenants. Households were out of their homes for approximately 14 days and this
emergency has cost the project$71,252,which was paid out of the reserves, consuming 19% of
the total reserves. As of July 2021 there was $87,511 in replacement reserves and$259,085 in
operating reserves. Withdrawals from the reserves must be approved by MHIC.
Given the precarious position of the current situation we must undertake the elevator
modernization effort now or risk another emergency situation that fully depletes the reserve
accounts putting the entire project at financial risk.
The Town of Watertown has already disbursed $76,000 in local funds to the elevator
modernization effort. Metro West CD has also obtained a$9,000 grant for the effort. Thus, we
are requesting$322,690.85 in HOME funds to be added to the project. The below budget
assumes that 20 households require relocation for eight weeks (four weeks for the work and four
weeks to obtain the State inspection). We may not need to relocate all of the tenants when the
time actually arrives. And perhaps,the State inspection can occur more quickly. But we have
budgeted for a worst-case scenario:
f
USES
Relocation: lodging and meals $205,200
Cleary 2021 proposal $234,500
Contingency 5% $21,985
Total $461,685
SOURCES
Town/Metro West CD $85,000 previously committed
Watertown HOME Request $145,897.85
Consortium HOME Request $176,793
Reserves withdrawal $53,994.15
Total $461,685
Proposed timeline:
October-December 2021
Final elevator vendor selection
Tenant relocation interviews
Final budget established
January—March 2022
Elevator fabricated
Relocation Plan established
April 2022
Relocation initiated
Elevator modernization underway
May 2022
Elevator inspected
Tenants moved back into their units
Troubled HOME-assisted rental housine oroiect determination:
1. Original affordability period
The original affordability period ends in 2033.This was amended in 2015 and extended to
2035. Metro West CD is willing to extend again.
2. No longer"financially viable"
Tenants had to be relocated under emergency conditions when the elevator abruptly
failed in August 2019. The cost of repairs and relocation consumed approximately 20%
of the project reserves. A second emergency might wipe out the reserves and create
tremendous hardship on the tenants. The planned elevator modernization is in excess of
the remaining reserves while we are only at 25% of the HOME affordability period. A
depletion of reserves of this size would put the project at financial risk.
3. Additional new funds and per-unit subsidy limit
Currently, seven units are HOME-assisted and the per-unit subsidy is $129,139. With the
addition of$322,690.85 of HOME funds the total HOME allocation would be
$1,226,660.85 and the new per-unit subsidy would be $175,237.26, which would be in
excess of the allowable cap. Therefore, we request permission to add an eighth HOME-
assisted unit to bring the per unit subsidy to $153,332.60 and below the 2012 $162,400
maximum.
Attachments:
a. Thyssen 2017 assessment
b. 2019 Emergency repair expenses explained
c. Cleary Elevator August 1, 2021 proposal
d. St Joseph Hall 7.31.21 financial statements
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FIYDRAUIC MODERNIZATION
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Date:January 27,2017
Location: ST JOSEPH'S HALL Bill To: St Joseph's Hall
Address: 2 Rosary Dr. Address: 2 Rosary Dr.
City/State/Zip: Watertown,MA 02472-1762 City/State/Zip: Watertown,MA 02472-1762
On behalf of ThyssenKrupp Elevator,I am pleased to provide this multi-page proposal to perform certain work to modernize
elevators—2 ROSARY ELEVATOR#1,at the above referenced location.This proposal is valid for 45 days.
If you have any questions or concerns,please do not hesitate to contact me at 781-690-5978.We appreciate your consideration.
Sincerely,
Timothy Brown
Modernization Sales Rep
ThyssenKrupp Elevator
31 Dartmouth St
Westwood MA 2090
timothy.bro n@thyssenkrupp.com
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SCOPE OF WORK
Groun 1 HYDRAULIC $90,385.00
Pump Unit - ------ -
Power Unit(Adjacent) New-Power Unit(Adjacent)
Isolated Coupling New-Isolation Couplings
Shut Off Valve New-Shut Off Valve Kit
Oil New-Oil
Control System - -
-- `-wall --n --- —` - --------------------------- -----------------' -- -- --
Controller(wall mounted) New-Controller
Car Door Equipment -
Front Car Door Operator/Kit New-Front Car Door Operator/Kit
-------------
Front Car Door Gate Switch New-Front Car Door Gate Switch
Front Clutch New-Front Clutch
Door Detectors New-Infrared door detector
Front Mechanical Restrictor Package New-Front Car Door and Hatch Side Resh'ictors(vanes)
Cab/Platform/Ca res
Car Top Railing New-Car Top Railing
Main Car Station New-Main Car Station Includes:Custom finish,Applied panel,Braille Plates,
Digital Position Indicators,Standard Key Switch Package,Locked Service
Cabinet,ADA Phone System,Emergency Light,Swing Return(TKE Cab only),
Vandal Resistant Floor Buttons
Car Position Indicator New-Car Position Indicator
Car Traveling Lantern New-Caz Riding Lantern(Standard)
Hands Free Phone New-Hands Free Phone
Emergency Lighting New-Emergency Lighting
Hall and Lobby Fixtures - - - -
Hall Stations(excluding Egress) New-Hall Stations(excluding Egress)
Egress Hall Stations(Lobby) New-Egress Hall Stations(Lobby) -
Jamb Braille — New-Jamb Braille
Hall Position Indicators New-One(1)Hall Position Indicator
Hoistway Access Station New-Hoistway Access Switch
Hoistway Equipment
Leveling Unit/Landing System New-Leveling Unit/Landing System
Hoistway qP
Door E ui ment - ------------ ---New---- --- - - - --- --- -- -- ----- -------- ---_.--- --- -__-- -----.
Gibs Gibs 'p
Interlocks and Pickup Assemblies New-Interlocks and Pickup Assemblies
Hatch Closers New-Hatch Closers
Hoistway Wiring - -
- -. -_ ,..C . --Wiring--- -- - - � - - -- ._ ._. - - -__- - -- - - _ . ._
Traveling Cable/Car Wving-- New-Traveling Cable Car Wiring- -
Hoistway Wiring New-Hoistway Wiring Package
Raceway/Duct/Piping New-Hoistway Duct Kit
Pit
Pit Ladder New-Pit Ladder
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Pit Switch New-Pit Switch
Testing
Adjusting and Pretest New-Adjusting and Pretest
Inspection New-Inspection
Miscellaneous
Toe Guard New-Toe Guard
Existing Maintenance Contract
This Modernization Proposal is based upon a 5 year extension to the existing maintenance contract.An amendment to the existing
maintenance contract will be submitted for signature separately.
Alternates
Alternate 1: Cab Interior Allowance-Add$20,000 to base price Initial to Accept
Cab interior pricing can vary based on multiple factors(ex.Design, materials,etc.)
$20,000 allowance will cover multiple interior designs including wall panels and
ceiling constructed with standard materials.This is the recommended application
to this elevator.
Alternate 2: Expedited installation-Contact thyssenkrupp for pricing Initial to Accept
In order to reduce elevator downtime during the modernization,an expedited
service can be provided at an additional cost.Please contact Tim Brown for
additional information. PRICE INCLUDEDIN THIS PROPOSAL
M: (781)690-5978 T: (347)226-5339 timothv.brown(a)..thvssenkt-ann.com
Alternate 3: Down Payment Discount-Deduct 1%of the contract value when Initial to Accept
paying for the modernization in whole at the time of signing. Deduct$
Alternate 4: Extended Maintenance Contract Discount—Deduct 3%of the Initial to Accept
original contract value when agreeing to a 10-year extension to the existing Deduct$
maintenance contract in lieu of a 5-year extension.
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INSTALLATION SEQUENCE AND SCHEDULE
Preparation of submittals upon receipt of subcontract and plans: 2-4 weeks
(Additional Time Required for Cab,Signal,Entrance If Applicable)
Approval of submittals by Purchaser Varies
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Fabricationtime from receipt of all a royals,full executed contract,and of re- 7 Weeks
production and engineering invoice:
Modernization of elevator system Per Unit): 3 Weeks
(ilfter completion afall required preparatory work by others)
Purchaser agrees to pay the sum of:Ninety Thousand Three Hundred Eighty Five Dollars($90,385.00).
Price includes shipping and delivery and sales/use tax imposed on ThyssenKrupp Elevator but does not include sales or gross receipts
tax that may be billed in addition to the contract price.No permits or inspections by others are included in this work,unless otherwise
indicated herein.
Any schedules for completion of the work described herein must be mutually agreed to by both parties in writing before becoming
effective.In the event such a schedule cannot ultimately be met because of delays outside of ThyssenKrupp Elevator's control,
ThyssenKrupp Elevator shalt be entitled to an increase in the contract price that reflects an increase in its union labor rate and the cost
of any materials since the time the contract was first fully executed by all parties.
All work specified herein will be performed during"regular working hours of regular working days as is customary in the elevator
industry"defined as 8:00 AM to 4:30 PM,except scheduled holidays.
One or more Units described in this Proposal will be out of service and unavailable to move passengers and/or property during entire
duration of the performance of the work described in this Proposal until re-certified by the state and in good standing with payment
schedules.Temporary elevator service is not included in this Proposal.
In the event another subcontractor requires pit access during the modernization process,upon a request from Purchaser,
ThyssenKrupp Elevator will park the elevator at an upper landing and lock and tag out the equipment at no additional cost in
exchange for Purchaser's agreement to remain solely responsible for(A)providing its subcontractor with any and all means and
methods to access the pit,(B)properly safeguarding and barricading all landings and hoistway openings and(C)providing all
supervision of and control over that subcontractor,the landings,hoistway openings and pit. Upon notice to ThyssenKmpp Elevator
from Purchaser that its subcontractor has completed its task and no longer requires pit access,ThyssenKrupp Elevator will remove its
lock and tag from the elevator.
Prior to commencing work,ThyssenKrupp Elevator will provide Purchaser with a written work schedule.That schedule and any
changes to it shall be agreed to by both parties'authorized representatives in writing before becoming effective.
WORK NOT INCLUDED
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There are certain items that are not included in this Proposal,many of which must be completed by Purchaser prior to and as a
condition precedent to ThyssenKrupp Elevator's performance of its work as described in this Proposal.It is Purchaser's sole
responsibility to coordinate the performance of these items with ThyssenKrupp Elevator to ensure a successful completion of this
project.The following is a list of those items that are not included in this Proposal:
1. Equipment Storage:the provision of a dry and secure area at the project site for storage of the elevator equipment at the time of
delivery and the provision of adequate ingress and egress to this area.Any relocation of the equipment as directed by the
Purchaser after its initial delivery will be at Purchaser's sole expense
2. Electrical:
a. suitable connections from the power main to each controller and signal equipment feeders as required,including necessary
circuit breakers and fused mainline disconnect switches per N.E.C. Suitable power supply capable of operating the new
elevator equipment under all conditions;
b. the wiring to the controller for car lighting per N.E.C.Articles 620-22 and 620-51;
C. a means to automatically disconnect the main line and the emergency power supply to the elevator prior to the application
of water in the elevator machine room that shall not be self-resetting;
d. wiring and conduit from life safety panel or any other monitor station to the elevator machine room or a suitable
connection point in hoistway;
e. a bonded ground wire,properly sized,from the elevator controller(s)to the primary building ground;and all remote wiring
to the outside alarm bell as requested by all applicable code provisions
f. a dry set of contacts which close 20 seconds prior to the transfer from normal power to emergency power or from
emergency power to normal power whether in test mode or normal operating conditions in the event that an emergency
power supply will be provided for the elevator;
g. automatic time delay transfer switch and auxiliary contacts with wiring to the designated elevator controller and
h, electrical cross connections between elevator machine rooms for emergency power purposes
i. the following emergency power provisions are not included:interface in controller,pre-testing and testing,emergency
power keyswitches;
3. Machine Room:a legal machine room,adequate for the elevator equipment,including floors,trap doors,gratings,foundations,
lighting and a machine room temperature maintained between 50 and 90 degrees Fahrenheit,with a relative humidity less than
95%non-condensing;
4. Heat and Smoke Sensing Devices:heat and smoke sensing devices at elevator lobbies on each floor,machine room,and
hoistways with normally open dry contacts terminating at a properly marked terminal in the elevator controller;
5. Dedicated Telephone Lines: a dedicated telephone line to elevator each controller recognizing that the elevator telephone is
required by code to be monitored 24 hours a day,7 days a week;one additional telephone line per group of elevators for
diagnostic capability wired to designated controller;
6. Removal of Obstructions: the cutting and patching of walls,floors,etc.and removal of such obstructions as may be necessary
for proper modernization of the elevator(s);
7. Fire Rating:the furnishing,installing and maintaining of the required fire rating of elevator hoistway walls,including the
penetration of ftrewall by elevator fixture boxes;
8. Flooring:all work relating to the flooring including,but not limited to,the provision of materials and its installation to comply
with all applicable codes;
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9. Painting:all painting,except as otherwise specifically included herein;
10. Waterproofing:ensuring that the elevator hoistways and pits are dewatered,cleaned and properly waterproofed;
11. If entrances are replaced:adequate bracing of entrance frames to prevent distortion during wall construction and all sill supports,
steel angles,sill recesses,and the grouting of doorsills;
12. If the hydraulic jack is replaced:
a. the excavation of the elevator cylinder well hole in the event drilling is necessary through soil that is not free from rock,
sand,water,building construction members and obstructions. Should obstructions be encountered,ThyssenKrupp Elevator
will proceed only after written authorization has been received from the Purchaser.The contract price shall be increased by
the amount of additional labor at ThyssenKrupp Elevator's labor rates as posted in its local office along with the actual cost
of any additional material plus 15%;
b. adequate ingress and egress,including ramping,for a truck-mounted drill rig;
C. removal of all dirt and debris from each hole location;
d. in ground protection systems other than ThyssenKrupp Elevator's standard HOPE or PVC protection system with
bottomless corrugated steel casing;
e. any required trenching and backfilling for underground piping or casings,and conduit as well as any compaction,grouting,
and waterproofing of black-out;
I. engineering,provision and installation of methane barriers or coordination/access;
g. access to 2"pressurized water supply within 100'-0"of the jack(role location;
h. a safe,accessible storage area for placement of D.O.T. 55 gallon containers for the purpose of spoils containment;
i. any spoils or water testing;and
j. the hiring of a disposal company which MUST be discussed prior to any material being ordered or work being scheduled.
ThyssenKrupp will provide environmental services ONLY if this is specifically included under the"Scope of Work"
section above.ThyssenKrupp assumes no responsibility and/or liability in any way whatsoever for spoils or other
contamination that may be present as a result of the cylinder breach and/or other conditions present on the work site.
PAYMENT TERMS
Fifty Percent(50%)of the price set forth on page 1 of this Proposal as modified by options selected from the Section entitled Value
Engineering Opportunities&Alternates(if applicable)will be due and payable as an initial progress payment within 30 days from
ThyssenKrupp Elevator's receipt of a copy of this Proposal signed by the Purchaser.This initial payment will be applied to costs and
fees associated with project management,permits,submittals,and raw material procurement,and its receipt will trigger the ordering
of material to complete the scope of work described on pages 2 and 3.
An additional Fifty Percent(50%)of the price set forth on page 1 of this Proposal as modified by options selected from the Section
entitled Value Engineering Opportunities&Alternates(if applicable)shall be due and payable when the material described above has
been famished.Material is considered furnished when it has been received at the jobsite,ThyssenKrupp Elevator staging facility,or
any other location designated by the Purchaser at its sole expense.ThyssenKrupp Elevator's receipt of payment is required prior to
mobilization of its labor associated with the work described on pages 2 and 3.
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Any additional amount,including change orders,is due at the time of completion and approval by the local authority having
jurisdiction(if applicable),but prior to turnover of the equipment by ThyssenKrupp Elevator to the Purchaser for use.If there is more
than one unit that is the subject of this Proposal,final payment shall be made separately as each unit is completed.
ThyssenKrupp Elevator shall retain exclusive ownership and control over all equipment installed and/or modernized pursuant to this
Proposal until such time as Purchaser has paid ThyssenKrupp Elevator 100%of the full Proposal amount set forth on page 1 as
modified by options selected from the Section entitled Value Engineering Opportunities&Alternates(if applicable)along with all
applicable change orders.Purchaser agrees to waive any and all claims to the turnover and/or use of that equipment until such time as
those amounts are paid in full.
ThyssenKrupp Elevator reserves the right to discontinue its work at any time until payments have been made as agreed,and
ThyssenKrupp Elevator has received assurance satisfactory to it that the subsequent payments will be made as they come due.Any
payments not paid when due shall bear interest at 1 1/2%per month or the highest legal rate,whichever is less.
In the event the Purchaser defaults on any payment,or on any other provision of this Proposal,the unpaid balance of the Proposal price
(including any change orders),less the cost of completing the work,as estimated by ThyssenKrupp Elevator,shall immediately become
due and payable.
WARRANTY
ThyssenKrupp Elevator warrants the equipment it installs under this Proposal against defects in material and workmanship for a
period of one(1)yearfrom the date of Purchaser's execution of ThyssenKrupp Elevator's "Final Acceptance"form(s)mentioned above
on the express condition that allpayments made under both this Proposal and any mutually agreed-to change orders have been made
in fdl,or two(2)years from the date material shipsfr-om the manufacturer This warranty is in lieu ofany other warranty or liability
for defects. ThyssenKrupp Elevator makes no warranty of merchantability and no warranties which extend beyond the description in
this Proposal, nor are there any other warranties,expressed or implied, by operation of law or otherwise.Like anypiece office
machinery, this equipment should beperiodica//y inspected, hubricated, and adjusted by competent personnel. This warranty is not
intended to supplant normal maintenance service and shall not be construed to mean that ThyssenKrupp Elevator will provide free
service for periodic examination, lubrication, or adjustment, not-will 77iyssenKrupp Elevator correct,without a charge, breakage,
maladjustments, or other trouble arisingfron normal wear and tear or abuse, misuse, improper or inadequate maintenance, or any
other causes other than defective material or workmanship.In order to make a warranty claim,Purchaser must give TllyssenKrapp
Elevator prompt written notice at the address listed on the cover page of this Proposal and provided all payments due under the terms
of this Proposal and any mutually agreed to written change orders have been made in full, ThyssenKrupp Elevator shall, at its own
expense, correct any proven defect by repair or replacement. ThyssenKrupp Elevator will not, under any circumstances,reimburse
Purchaser for cost of work done by others, nor shall ThyssenKrupp Elevator be responsible for the petformance of ally equipment that
has been the subject ofrevisions or alterations by others.If there is more than one(1)unit which is the subject of work described in
this Proposal, this section shall apply separately to each unit as accepted.
TESTS,GOVERNMENTAL APPROVAL,CLEANUP AND PURCHASER INSPECTION
All work described in this Proposal will be performed in accordance with the version of all applicable state or local codes that deal
exclusively with the installation and/or modernization of elevators that are in effect at the time that this Proposal is fully executed.In
the event that either(A)those codes change or(B)rulings are made by the applicable authority having jurisdiction that extend the
application of those codes following the complete execution of this Proposal,the labor and materials necessary to ensure that the work
described herein complies with such changes shall be performed at an additional cost to Purchaser based on ThyssenKrupp Elevator's
standard billing rates as posted in its local office.
It is solely the Purchaser's responsibility to ensure that the work described in this Proposal meets all applicable Federal,state and/or
local codes that do not deal exclusively with the installation and/or modernization of elevators and to secure any necessary permission
and/or priority from all applicable governmental authorities to complete that work.
At the conclusion of its work described herein,ThyssenKrupp Elevator will perform safety,full load,Phase I and Phase II Fire Service
tests(as applicable)to ensure that the equipment that is the subject matter of this Proposal conforms to applicable codes and will
provide Purchaser with copies of reports generated in conjunction with completed tests.
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ThyssenKrupp Elevator will perform all tests described herein during regular working hours of regular working days as is customary in
the elevator industry.Should the Purchaser require performance of these tests outside the regular working hours of regular working
days as is customary in the elevator industry,ThyssenKrupp Elevator will provide Purchaser with a separate and additional proposal to
accomplish those tasks at those times at an additional cost.
ThyssenKrupp Elevator shall not be liable for any damage to the building structure or the elevator resulting from the performance of G
any tests it shall perform at any time under this Proposal.At the conclusion of its work,ThyssenKrupp Elevator will remove all
equipment and unused or removed materials from the project site and leave its work area in a condition that,in ThyssenKrupp
Elevator's sole opinion,is neat and clean.
The price of this Proposal includes one(1)inspection by the local authority having jurisdiction.Should the local authority having
jurisdiction refuse to issue written approval to Purchaser to use and operate the equipment due to items that are the responsibility of the
Purchaser as set forth in this Proposal or are not specifically included in this Proposal,the Purchaser shall be financially responsible for
(A)addressing those items,(B)the cost of the additional inspection(s)by the local authority having jurisdiction and(C)the labor
incurred by ThyssenKrupp Elevator to attend those additional inspections at ThyssenKrupp Elevator's current billing rate as posted at
its local office.
Should the Purchaser or the local authority having jurisdiction require ThyssenKrupp Elevator's presence at the inspection of equipment
installed by others in conjunction with the work described in this Proposal,Purchaser agrees to compensate ThyssenKrupp Elevator for
its time at ThyssenKrupp Elevator's current billing rate as posted at its local office.
Upon notice from ThyssenKrupp Elevator that the work described herein has been completed,Purchaser will arrange to complete an
inspection of the work with ThyssenKrupp Elevator and will provide Purchaser's final acceptance thereof in writing by Purchaser's duly
authorized representative at that time if the work is acceptable.The date and time for such an inspection shall be mutually agreed upon.
In no event shall that inspection occur more than ten(10)business days after the date of ThyssenKrupp Elevator's written notice to
Purchaser that the work herein has been completed unless both parties agree otherwise in writing.Immediately following its inspection
of the work,Purchaser's duly authorized representative shall execute ThyssenKrupp Elevator's"Final Acceptance"forn(s)prior to
turnover and use of the equipment described in this Proposal.Purchaser shall not unreasonably delay or withhold such final inspection
or its written acceptance of the work.
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Terms and Conditions
Payment:
Unless stated otherwise elsewhere in this document,the price of this Proposal includes all applicable sales and use taxes,permit fees and licenses imposed upon
ThyssenKrpp Elevator as of the date that ThyssenKmpp Elevator fast offers this Proposal for Purchaser's acceptance.Purchaser agrees to pay any additional taxes,
fees or other charges exacted from Purchaser or ThyssenKmpp Elevator on account thereof,by any law enacted after the date that ThyssenKmpp Elevator first offered
this Proposal for Purchaser's acceptance.A service charge of I''/z%per month,or the highest legal rate,whichever is less,shall apply to delinquent accounts.
Acceptance:
Purchasers acceptance of this Proposal and its approval by an authorized manager of ThyssenKrpp Elevator will constitute exclusively and entirely the agreement
between the parties for the goods and services herein described.All other prior representations or regarding this work,whether written or verbal,will be deemed to be
merged herein and no other changes in or additions to this Proposal will be recognized unless made in writing and properly executed by both parties as a change order.
Should Purchasers acceptance be in the form of a purchase order or other similar document,the provisions of this Proposal will exclusively govern the relationship of
the parties with respect to this transaction.No agent or employee shall have the souredty to waive or modify any of the terms of Omis Proposal without the prior written
approval of an authorized ThyssenKmpp Elevator manager.
Safety:
It is agreed that ThyssenKmpp Elevators personnel shall be given a safe place in which to work and TbyssenKrupp Elevator reserves the right to discontinue its work
in the location above whenever,in its sole opinion,TiryssenKmpp Elevator believes that any aspect of the location is in any way unsafe.
Purchaser agrees that in the event asbestos material is knowingly or unknowingly removed or disturbed in any manner at the job site by parties other than employees of
ThyssenKmpp Elevator or its subcontractors,the work place will be monitored,and prior in and during ThyssenKrpp Elevators presence on the job,Purchaser will
certify that asbestos in the environment does not exceed.01 fibers per cc as tested by NIOSH 7400.In the event ThyssenKmpp Elevator's employees,or those of its
subcontractors,me exposed to an asbestos hazard,PCB's or other hazardous substances resulting from work of individuals other than ThyssenKmpp Elevator or its
subcontractors,Purchaser agrees to indemnify,defend,and hold ThyssenKmpp Elevator harmless from any and all claims,demands,lawsuits,and proceedings brought
against ThyssenKrpp Elevator or its employees or subcontractors resulting from such exposure.Purchaser recognizes that its obligation to ThyssenKmpp Elevator
under this clause includes payment of all attorneys'fees,court costs,judgments,settlements,interest and any other expenses of litigation arising out of such claims or
lawsuits.Removal and disposal of asbestos containing material is solely Purchasers responsibility.
Miscellaneous:
This Proposal does not include any maintenance,service or repair of the equipment or any other work not expressly described herein.ThyssenKrpp Elevator will
submit a separate proposal to Purchaser covering the maintenance and repair of this equipment to be supplied to Purchaser at an additional cost.
ThyssenKmpp Elevator's performance of this Proposal is contingent upon Purchaser famishing ThyssenKmpp Elevator with any necessary permission or priority
required under the terms and conditions of any and all government regulations affecting the acceptance of this Proposal or the manufacture,delivery or installation of
any equipment described in this Proposal.
Purchaser shall bear all costa)for any re-inspection of ThyssenKmpp Elevators work due to items outside the scope of this Proposal or for any inspection arising from
the work of other trades requiring the assistance of ThyssenKmpp Elevator.
If any drawings,illustrations or other descriptive materials were famished in conjunction with this Proposal,they were intended solely as approximations and to
illustrate the general style and arrangement of equipment being offered and should,under no circumstances,be relied upon for their accuracy.
Unless otherwise agreed,it is understood that the work described above will be performed during regular working hours of the trades involved.If overtime is mutually
agreed upon,an additional charge at ThyssenKrpp Elevators usual rates for such work shall be added to the price of this Proposal.
In consideration ofThyssenKrupp Elevator performing the services herein specified,Purchaser,to the fullest extent permitted by late,expressly agrees to indemnify,
defend,save harmless,discharge,release and forever acquit ThyssenKmpp Elevator Corporation,ThyssenKmpp Elevator Manufacturing,hic.,their respective
employees,officers,agents,affiliates,and subsidiaries from and against any and all claims,demands,suits,and proceedings for loss,property damage(including
damage to the equipment which is the subject matter of this Proposal),personal injury or death that are alleged to have arisen out of the presence,use,misuse,
maintenance,installation,removal,repair,replacement,modernization,manufacture,design,operation or condition of the equipment that is the subject matter of this
Proposal or any equipment located underground,in the elevator car/cab,in the elevator machine room and/or in the hoishvays of the project location.Purchaser's duty
to indemnify does not apply to the extent that the loss,property damage(including damage to the equipment which is the subject matter of this Proposal),personal
injury or death is determined to be caused by or resulting from the sole negligence of ThyssenKmpp Elevator and/or its employees.Purchaser recognizes that its
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obligation to ThyssenKmpp Elevator under this clause includes payment of all attorneys'fees,court costs,judgments,settlements,interest and any other expenses of
litigation arising out of such claims,demands,suits or proceedings.
Purchaser further expressly agrees to name ThyssmKrupp Elevator Corporation and ThyssenKrupp Elevator Manufacturing,Inc.along with their respective officers,
agents,affiliates and subsidiaries as additional insureds in Purchasers liability and any excess(umbrella)liability insurance policy(ies).Such insurance must insure the
above-referenced additional insureds for those claims and/or losses referenced in the above paragraph,and for claims and/or or losses arising from the additional
insureds'sole negligence or responsibility.Such insurance must specify that its coverage is primary and non-contributory.Purchaser hereby waives its right of
subrogation.
By executing this Proposal,Purchaser agrees that in no event shall ThyssenKmpp Elevator be liable for any consequential,indirect,incidental,exemplary,special or
liquidated damages of any type or kind under any circumstances including any loss,damage,or delay caused by acts of government,labor troubles,strikes,lockouts,
fire,explosion,theft,floods,riot,civil commotion,war,malicious mischief,acts of God or any cause beyond its control.ThyssenKrupp Elevator shall automatically
receive an extension of time commensurate with any delay regarding the aforementioned.Should loss of or damage to ThyssenKmpp Elevator's material,tools or work
occur at the location that is the subject of this Proposal,Purchaser shall compensate ThyssenKmpp Elevator therefor,unless such loss or damage results solely from
ThyssenKmpp Elevators own acts or omissions.
Purchaser agrees that all existing equipment removed by ThyssenKrupp Elevator in the performance of the work described above shall become die exclusive property
of ThyssenKmpp Elevator.ThysscnKrupp Elevator retains title to all equipment supplied by ThyssenKmpp Elevator under this Proposal and a security interest therein,
(which,it is agreed,can be removed without material injury to the real property)until all payments under the terms of both this Proposal and any mutually agreed to-
change orders have been made.In the event Purchaser fails to meet any of its obligations order this Proposal,Purchaser authorizes ThyssenKmpp Elevator to take
immediate possession of the equipment installed under this Proposal and enter upon the premises where it is located(without legal process)and remove such
equipment or portions thereof irrespective of the manner of its attachment to the real estate or the sale,mortgage,or lease of the real estate.Pursuant to the Uniform
Commercial Code,at ThyssenKrupp Elevators request,Purchaser agrees enjoin with ThyssenKmpp Elevator in executing any financial or continuation statements
which may be appropriate for ThyssenKmpp Elevator to file in public offices in order to perfect its security interest in such equipment.
In the event a third party is retained to enforce,construe or defend any of the terms and conditions of this Work Order or to collect any monies due hereunder,either
with or without litigation,the prevailing party shall be entitled to recover all costs and reasonable attorneys fees.Purchaser agrees that this Work Order shall be
construed and enforced in accordance with the laws of the state where the vertical transportation equipment that is the subject of this Work Order is located and
consents to jurisdiction of the courts,both state and Federal,of that as to all matters and disputes arising out of this Work Order.Purchaser further agrees to waive trial
by jury for all such matters and disputes.
The rights of ThyssenKmpp Elevator under this Proposal shall be cumulative and the failure on the part of the ThyssenKmpp Elevator to exercise any rights given
hereunder shall not operate to forfeit or waive any of said rights and any extension,indulgence or change by ThyssenKmpp Elevator in the method,mode or manner of
payment or any of its other rights shall not be construed as a waiver of any of its rights order this Proposal.In the event any portion of this Proposal is deemed invalid
or meadbaceable by a court of late,such finding shall not affect the validity or enforceability of any other portion of this Proposal.
This Proposal shall be considered as having been dmftedjointly by Purchaser and ThyssenKmpp Elevator and shall not be construed or interpreted against either
Purchaser or ThyssenKmpp Elevator by reason of either Purchaser or ThyssenKmpp Elevators role in drafting same.
Certificates of Workmen's Compensation,Bodily Injury and Property Damage liability Insurance coverage will be furnished to Purchaser upon request.The premium
for any bonds or insurance beyond ThyssenKmpp Elevators standard coverage and limits will be an addition to this Proposal's price.
ThyssenKmpp Elevator complies with provisions of Executive Orders 11246,11375,11758,Section 503 of the Rehabilitation Act of 1993,Vietnam Era Veteran's
Readjustment Act of 1974,38 U.S.C.4212 and 41 CFR Chapter 60.ThyssenKmpp Elevator supports Equal Employment Opportunity and Affirmative Actions
Compliance programs.
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Purchaser's acceptance of this Proposal and its approval by an authorized manager of ThyssenKrupp Elevator will constitute exclusively
and entirely the agreement between the parties for the goods and services herein described and full payment of the sum of Ninety
Thousand Three Hundred Eighty Five Dollars($90,385.00).
Price includes shipping and delivery and sales/use tax imposed on TKEC but does not include sales or gross receipts tax that may be
billed in addition to the contract price.Should Purchaser's acceptance be in the form of a purchase order or other similar document,the
provisions of this Proposal will exclusively govern the relationship of the parties with respect to this transaction.No agent or employee
shall have the authority to waive or modify any of the terms of this Proposal without the prior written approval of an authorized
ThyssenKrupp Elevator manager.
ThyssenKrupp Elevator Corporation St Joseph's Hall ThyssenKrupp Elevator Corporation
Approval
By: By: By:
(Signature of ThyssenKrupp (Signature of (Signature of
Elevator Representative) Authorized Individual) Authorized Individual)
Michael Baldwin
Timothy Brown Diana Cha£falo
Sales Rep (Print or Type Name) Branch Manager
timothy.brown@thyssenkmpp.com
781 690-5978
(Print or Type Title)
January 27,2017
(Date Submitted) (Date of Approval) (Date of Approval)
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SCHEDULING AND PRODUCTION
REQUEST FOR PAYMENT
Contract Number: Please Remit To:thyssenkrupp Elevator Corporation
Attn:Accounts Receivables Dept.
7481 NW 66th St
Miami, FL 33166-2801
Attn:
St Joseph's Hall
2 Rosary Dr.
Watertown , MA 02472-1762
Terms Mod Quote No. Customer Reference Date Reference Number
No./PO
Immediate 2017-2-318389 January27, 2017 ACIA-17YYCOQ
Total Contract Price $90.385.00
Current Amount Due $45,192.50
For inquiries regarding your contract or services provided by thyssenkrupp Elevator, please contact your local
account manager at+1 781 6905978.
Thank you for choosing thyssenkrupp Elevator Corporation.We appreciate your business.
Please detach the below section and provide along with payment.
Remit To:
thyssenkrupp Elevator Corporation
Attn:Accounts Receivables Dept. Customer Number:120811
7481 NW 66th St Payment Reference Number:ACIA-17YYCOQ
Miami, FL 33166-2801 Quote Number.2017-2-318389
Remittance Amount:1$45,192.50
Customer Name:Michael Baldwin
Location Name:ST JOSEPH'S HALL
Maloney
PROPERTIES St. Joseph Hall Apartments
2 Rosary Drive,Watertown,MA 02472
t: 617.924.6559 E 617.923.0953 relay:711
VIA EMAIL
September 17, 2019
Ms. Kimberly Williams
Massachusetts Housing Finance Agency
21 Custom House St.
8`h Floor
Boston, MA 02110
Regarding: St.Joseph Hall Apartments
Emergency Elevator Repair and Resident Relocation
Good Day Kimberly,
As we recently discussed we have completed the repairs to the elevator at St Joseph Hall and all of the Residents have
returned home safely and without incident.
Following is an itemization of expenses and back up documentation in support of a release of funds from the Operating
Reserve and the Replacement Reserve. After in depth discussion between Metro West CDC, MHIC and Management it was
agreed that paying for the repair work would have to be done with Operating Reserve monies. Using the Replacement
Reserve for this work would deplete the fund where it would not be sufficient to complete the much needed, and now,
more urgent complete elevator modernization. All backup and expenses are included except a copy of the check in payment
of Thyssen's final invoice and for the cost of removing the used hydraulic oil from the premises. Management is in the
process of obtaining the proper permitting through the Massachusetts DPM and EPA. We will also process the final check
to Thyssen upon receipt of the anticipated reimbursement form the Operating Reserve and forward a copy to you as soon
as it is available.
The final document in this package is the consulting agreement between Metro West CDC/St. Joseph Hall and Syska
Hennessey. Janet Moore, a Partner at Syska, will be leading the team for St.Joseph. As you can see the contract is quite
comprehensive and her experience and knowledge in this field is unsurpassed. We would request that the cost of Phase I
and Phase 11 of the contract be released form the replacement reserve so we can move forward with the needed work.form
Per our phone conversation of yesterday,please note that Maloney covered the charges for lodging the residents while the
work was being completed. Maloney is not in a position to carry such a large receivable for an extended period of time.
We would appreciate anything you can do to expedite our request. I look forward to your favorable response and if there
are any questions or additional information is required please do not hesitate to call.
Sincerely,
Michael Baldwin, Regional Manager
CC: Janet Frazier, Celeste Vezina,Jennifer Van"Campen, Natalia Gonchar
27 Mica Lane,Wellesley,MA 02481 "
T 781-943-0200 1 F 781.237-5078 1 Relay 711 -
maloneyproperties.aom . . 1 . (� EEO
St.Joseph Hall
Elevator Repair July/August 2019
-
Vendor..y.aDates
Thyssen Krupp Elevator
Work Order/Repair Ticket with Quote for Extimated Costs
7/23/2019 Deposit Invoice Dated 07/23/2019 paid by check:2082 Oper Reserve 10,100.50
8/16/2019 Final Invoice Dated 08/16/2019 paid by check: Pending Oper Reserve 10,100.50
Hydraulic Oil Disposal
8/30/2019 Application pending approval and Cost per DPW/EPA Oper Reserve 777
Total Direct Repairs $ 20,201.00
NesToe I elocaUan
-
ltnit_
301 Scheghtayan,Silva 22-Jul to 5-Aug 281.35 14 4,528.16 4,809.51
302 Devajyoti,Kalyani 22-Jul to S-Aug 282.51 14 4,528.16 4,810.67
303 Delorey,Dennis 22-Jul to S-Aug 34.19 14 4,528.16 4,56235
304 Denihan,Patricia 27-Jul to 3-Aug 13.15 7 2,264.08 2,277.23
308 Karakachlan,Eddy 22-Jul to 5-Aug 243.74 14 4,528.16 4,771.90
401 Rizzo,Carol 22-Jul to 5-Aug 294.98 14 4,528.16 4,823.14
408 Kouyoumjlan,Nevart 22-Jul to 5-Aug 177.91 14 4,528.16 4,706.07
Gleason,Marie 22-Jul to 29-Jul 7 2,264.08 2,264.08
Satenik,Kelian 22-Jul to 29-Jul 7 2,264.08 2,264.08
Esperian,Ken 22-Jul to 29-Jul 7 2,264.08 2,264.08
207 Nash,Allen and Barbara 22-Jul to 29-Jul 217.14 7 2,261.00 2,478.14
207 Nash,Allen and Barbara 1-Aug to 5-Aug 5 1,669.90 1,669.90
Total Relocation Costs 1,544.97 124.00 40,156.18 41,701.15
Elevator Consulatant re: Slska Hennesy Group-Full Mondernizatlon.
10/31/2019 Phase I-Design Development Rep Reserve 4,100.00 Est Comp Date
11/30/2019 Phase 2-Contract Documents Rep Reserve 5,250.00 Est Comp Date
Total Future Costs 9,350.00
Grand Total Request 71,252.15
Operating Reserve 61,902.15
Replacement Reserve 9,350.00
CLEARY
Elevator Modernization Agreement
Date: August 1, 2021
Submitted To: St. Joseph's House (Purchaser)
c/o Maloney Properties
27 Mica Lane
Wellesley, MA 02481
By: Cleary Elevator (CE)
35 Commerce Road
Hingham, MA 02043
Cleary Elevator is pleased to provide the following proposal for the Modernization of elevator equipment at
the following location:
St. Joseph's House
2 Rosary Drive
Watertown, MA
Unit# Unit Tvoe State I.D.
1 Passenger Elevator 314-P-115
CLEARY
Table of Contents
Part 1 General Provisions
Part 2 Equipment and Summary of Work
Part 3 Optional Equipment
Part Equipment Features
Part 5 Suppliers of Major Components
Part 6 Schedule
Part 7 Permits, Tests, and Inspections
Part 8 Work Not Included and Purchaser Responsibilities
Part 9 Special Provisions
Part 10 Terms and Conditions; Warranty
Part 11 Price,Terms of Payment, Signature Page
Page 2 of 13
Date:August 1,2021
CLEARY
Part 1— General Provisions
1.01 All work will be performed in a workmanlike and professional manner and will include all labor and materials as detailed
herein.
1.02 All work will be performed in accordance with the applicable edition of the National Safety Code for Elevators(ASME 17.1),
Massachusetts Elevator Regulations(CMR 524),American with Disabilities Act(ADA),State and National Electric Codes,
Massachusetts Building Codes,and all other codes,ordinances,and laws applicable within the governing jurisdiction in
place at the date of this proposal.
1.03 As a condition of the modernization services,CE will provide separate Service Agreements to be executed by the
Owner/Property Manager.
1.04 CE will provide a Warranty for a period of 1 year from date of completion as more fully described in'Part 10-Terms and
Conditions.
1.05 All materials and workmanship will be subject to inspection and testing. The Purchaser will have the right to reject
defective or inferior materials or workmanship installed under this agreement and may require that corrective action be
taken at no additional cost.
1.06 All applicable sales and use taxes,permit fees,and licenses,as of the Proposal Date,will be paid by CE.
Part 2— Equipment and Summary of Work
Number: • Car 1
Capacity: Retain Existing:
• 2500 lbs.
Class Loading: Retain Existing:
• Passenger Class A
Contract Speed: Retain Existing:
• 125 fpm
Power Characteristics: Retain Existing:
• 208 VAC,3 Phase,60 Hz
Stops: Retain Existing:
• 5 in-line
Openings: Retain Existing:
• 5 Front
Floors Served: Retain Existing:
• L,1*,2,3,4
Travel: I Retain Existing:
• 40'±
Machine Room Location: Retain Existing
• Adjacent at Bottom Landing
Hydraulic Cylinder/Piston: Retain Existing:
Install New:
• Packing seal
Power Unit: Install New:
• Tank
• Submersible Motor
• Pump
• Valve
• Muffler
• New Hydraulic Oil
• Proper disposal of existing hydraulic oil by environmental contractor
Page 3 of 13
Date:August 1,2021
r
CLEARY
Hydraulic Piping: Install New:
• Pipe
• Pipe Stands
• Isolation Couplings
• Pipe Rupture Valve
• Shut off Valve
• In-line strainer with magnetic clean out
Operational Control: Install New:
• Non-Proprietary,Maintainable Design with On-Board Diagnostics
• Selective Collective
• Microprocessor Based
• Car top Selector
• Mass.Phase 1&2 Fire Service Provisions
• Emergency Battery Lowering Provisions
• One set Laminated As Built Electrical Schematics for Machine Room
• One set As Built Electrical Schematics for Owners Records
Motor Control: ( Install New:
• Single Speed AC Soft Starter
Wiring: Install New:
• Power Wiring
• Wireway including galvanized steel conduit,EMT,and Duct
• Control Wiring in Hoistway
• Control Wiring to Car—Traveling Cable
• Copper wiring throughout
• Provide 10%spare conductors
Guide Rails/Brackets: Retain Existing
Guide Shoes: Install New:
• Car Guide Shoes
• Spring Tensioned Roller Guides
Buffers Retain Existing
Car Frame: Retain Existing
Platform: ( Retain Existing
Car Enclosure: ( Retain Existing
Minimum Clear Dimensions ( Retain Existing
Inside Car:
Car Door Operation: Install New:
• Door Hangers and Rollers
• Heavy Duty Power Operated,Closed Loop Door Operator
• Clutch and Linkage Arms
• Door Electrical Contact
• Restricted Opening Device
Door Protection: Install New:
• Infrared,Full Screen Device
• Nudging Operation with Audible Signal
Hall Entrances: Retain Existing
Hall Door Panels Retain Existing
Page 4 of 13
Date:August 1, 2021
r
ChEARY
Hall Door Equipment Retain Existing:
• Struts and Headers
• Door Tracks
• Facia,Toe Guards,and Hanger Covers
Install New:
• Door Roller Assemblies
• Door Closers
• Door Interlocks
• Clutch Roller Assemblies
• Door Gibs
Fixtures—Car Station Install New:
• ADA Compatible
• Stainless Steel Satin Finish
• Tamper Resistant Push Buttons with LED Illumination for All Floors
• Black Paint Filled,Engraved Signage Including Car#,"No Smoking',and
Car Capacity in Pounds
• Suitable Identify Floor Buttons,etc.w/Cast tactile symbols and Braille
• Fire Service Provisions (key switch,indicators, buttons) in Locked
Cabinet
• Alarm Button
• Keyed Stop Switch
• Digital Position Indicator
• Self Dialing Emergency Phone
• Door Open/Door Close Buttons
• Car Lights/Exhaust Fan Switch located in Locked Service Cabinet
• Emergency Lighting with Test Switch located in Locked Service Cabinet
• Independent Service Key Switch in Locked Service Cabinet
• Inspection Access Key Switch in Locked Service Cabinet
• 120 VAC Convenience GFI Outlet in Locked Service Cabinet
• Tamper Resistant Fasteners for all fastenings Exposed to Public
Fixtures—Hall Stations Install New:
• ADA Compatible—Flush Mounted
• Stainless Steel Satin Finish
• Tamper Resistant Push Buttons
• Fire Service Provisions at Main Floor
• Inspection Access Key Switches at Top and Bottom Floors
• Provide Approved Engraved Signage Prohibiting Elevator Use in
Emergency
• Tamper Resistant Fasteners for all Fastenings Exposed to Public
Fixtures—Hall Position Install New: !,
Indicator • Digital Located in Hall Stations at All Floors
Fixtures—Directional Lantern Install New:
• Single Unit Mounted in Car Jamb
• Flush Mounted Unit
• Stainless Steel Satin Finish
• Tamper Resistant Directional Arrows
• Audible Floor Passing Signal
• Tamper Resistant Fasteners for all Fastenings Exposed to Public
Page 5 of 13
Date:August 1,2021
CLEARY
Additional Features: Install New:
• Car top Inspection Station
• Pit Stop Switch
• Hoistway Limit Switches at top and bottom of Hoistway
• Paint machine room floor
Part 3—Optional Equipment
3.1 Provide and install new cylinder/piston with PVC liner—allow for additional 2%weeks of out of service time
Hydraulic Cylinder/Piston: Install New:
• In-ground Direct Acting Cylinder/Piston with Safety Bottom
• Twin Post Direct Acting Cylinder/Piston
• PVC Liner
• Pit Channels
• High Strength Grouting to Support Pit Channels
3.2 Provide and install complete new cab-allow for 1 additional week of out of service time
Car Enclosure: Install Complete New Cab including:
• Suspended Island Ceiling with Recessed Downlights
• Exhaust Fan
• Hung Panels—Plastic Laminated Wood
• Handrails—Flat Bar Satin Stainless Steel Finish
• Stainless Steel Car Door Panel and Front Entrance Wall
• Rubber Tile Flooring
• Exposed Metal Finish to be Satin Stainless Steel
• Extruded Aluminum Sill
• Stainless Steel Finish Certificate Frame
• Emergency Exit Contact
Page 6 of 13
Date:August 1, 2021
CLEARY
Part 4— Equipment Features
Control and Drive System Operation—The elevator control system will be microprocessor based and software oriented. The
system will operate in real time,continuously analyzing the cars changing position,condition,and workload.
Maintainable Design—Control System will have complete on-board diagnostic capabilities. All components and technical
support needed to service the control system are available to any qualified elevator service provider.
Selective Collective—Car will operate from pushbuttons in car and located at each floor. When car is available, it will
automatically start and dispatch it to floor corresponding to registered car or hall call. Once the car starts,it will respond to
registered calls in the direction of travel and in the order the floors are reached. It will not reverse direction until all car calls
have been answered,or until all hall calls ahead of car and corresponding to direction of travel have been answered. Car will
hold at arrival floor for an adjustable time interval to allow passenger transfer. Appropriate pushbuttons will illuminate to
indicate call registration. Light will extinguish when call is answered.
Car Stopping—Car will stop car within''/<"above or below the landing sill and maintain stopping zone regardless of load in car
and direction of travel.
Motion Control(Hydraulic Elevators only)—A single speed AC soft starter will be provided which will apply the appropriate
amount of current to the hydraulic pump motor. It also has built in fault protection in the event of a phase reversal or loss.
Emergency Battery Lowering(Hydraulic Elevators only)—In the event of loss of normal power,the controls will automatically
sense this loss,lowerthe car to the lowest landing,and open doors so passengers can exit.
Low Oil Feature(Hydraulic Elevators only)—In the event the oil level is insufficient for travel to the top floor,controls will cancel
all calls, return car to main floor,open doors,and remain parked until elevator can be serviced.
Independent Service Operation—Key switch will be provided in the main car station to allow operation from only the car push
buttons and to prevent the elevator from answering the hall calls. Doors will close by constant pressure on desired destination
floor or door close button. Doors will open automatically upon arrival at selected floor.
Inspection Access Operation—Key switches will be provided in the main car station and at the top and bottom landing in order
for authorized personnel(licensed elevator mechanics)to gain access to the car top or pit.
Door Nudging—If beams of door protection device are obstructed for a predetermined amount of time(typically 20 seconds),
warning buzzer will sound and doors will attempt to close at a reduced speed and force.
Door Operation—High speed,heavy duty door operator with solid state,closed loop door control. Door operator will
automatically open and close the car and associated landing doors. The electric motor driven actuating mechanism will be
mounted above the car and be provided with a clutching device to simultaneously operate both the car and landing doors.
Door Protection Device—This device will protect passenger from the closing doors by providing infrared light curtain made up
of at least 40 beams,and installed to protect an area from the floor level to 6'in height. Interruption of any beam will cause the
doors to stop and reopen.
Fire Emergency Service—Fire Service features will be provided in accordance with the requirements of the applicable codes as
they pertain to automatic elevators with power operated horizontally sliding doors.
Page 7 of 13
Date:August 1, 2021
4
CLRARY
Part 5—Suppliers of Major Components
Part I Supplier Description
Controller Smartrise Engineering Hydraulic Controller
Hydraulic Power Unit Minnesota Elevator Submersible Model
Hydraulic Cylinder/Piston Elevator Equipment Corp
Guide Shoes Elsco
Car Enclosure Roy Elevator Cabs&Entrances
Limit Switches Omron DB4
Door Operating Equipment MAC Heavy Duty Door Operator
Fixtures Innovation industries Prestige Series Vandal Resistant
Door Protection ( Janus Pana-40
Wiring I Draka
CE reserves the right to change the Supplier of Parts as shown with comparable equipment.
Part 6—Schedule
6.01Prior to beginning work on site,a work schedule will be mutually agreed upon by Purchaser and CE.
6.02AII work will be performed within the regular working hours of regular working days as is customary in the elevator industry.
Customary hours are Monday—Friday,7am to 4:30pm,excluding holidays. Work during all other hours and work totaling more
than 8 hours per day or 40 hours per calendar week constitutes overtime. If overtime is mutually agreed upon,an additional
charge at our prevailing rates will be added to the Agreement price.
6.031n order for CE to start this project,there are items which need to be completed by others prior to ourtechnicians arriving on
site and beginning this project. A detailed list of these items is provided in Part 8 of this Agreement.
6.04Out of Service Time—The elevator will be out of service and unavailable for use from the start date until the elevator receives a
certificate of compliance from the Massachusetts Department of Public Safety,Elevator Division. The estimated out of service
time is 25 work days,plus allowance for scheduling and performing required Mass DPL inspection.
6.051f work detailed in this Agreement is not completed according to agreed schedule,due to no fault by CE,Purchaser agrees to pay
additional charges for increases in costs for materials and labor.PLEASE NOTE THAT DUE TO OUR AGREEMENT WITH THE
INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS, LABOR RATES USUALLY CHANGE ON THE FIRST OF EACH YEAR.
Part 7— Permits, Tests, and Inspections
7.010E will obtain and pay for all necessary permits and inspection fees in effect at the date when this proposal is submitted.
7.02CE will provide personnel and tools required to perform inspection of elevator by the Massachusetts Department of Public
Safety.
7.031t is the responsibility of the Purchaser to provide and pay for qualified technicians to assist as required by applicable law or
regulation during the elevator inspection. This includes,but is not limited to,fire alarm and emergency generator personnel.
7.04CE will make every effort to perform an inspection with the Massachusetts DPS as soon as possible after completion of work;
however,the Massachusetts DPS has the ultimate authority to schedule the inspection date and any delay caused by such
scheduling does not constitute a failure to perform by CE
7.05AII required inspections are to be performed during regular working hours of the elevator trade. Should the Purchaser require
these inspections to be performed outside of regular working hours,an additional cost will apply.
Page 8 of 13
Date:August 1, 2021
CLEARY
Part 8—Work Not Included and Purchaser Responsibilities
CE will make an honest,good faith effort to provide Purchaser with all information necessary for proper,code compliant,and legal
elevator equipment installation,adhering to the applicable editions of the ANSI 17.1-2004(National Elevator Code)and CMR-524
(Massachusetts Elevator Code). This list of Work Not Included and Purchasers Responsibilities is provided to serve as a guideline for
the Purchaser's information based upon CE's experience working on similar projects. Due to variations in local codes and code
requirements that are outside of CE's area of expertise(fire alarm systems,electrical,etc.),CE makes no warranties whatsoever as
to the completeness thereof. Purchaser should consult with its own expert consultants and engineering. Unless expressly stated in
this Agreement,CE is not including,and is not responsible for providing,labor,materials,permits,licenses,etc.to ensure the work
described herein meets all applicable codes. Ultimately,it is the responsibility of the Purchaser to provide,pay for,and ensure that
the work listed below is done in a professional and timely manner.
General Purchaser Responsibilities
NOTE:If these conditions are not fulfilled,the Purchaser acknowledges that the work will have to be rescheduled,accepts full
responsibility for any delays and any additional expense caused thereby.
8.01The Purchaser must provide(i)dry and secure on site storage area,at grade level,for elevator materials with access to this area
during working hours. Any relocation of materials as directed by Purchaser after its initial delivery will be at Purchaser's
expense.and(ii)provide and maintain all necessary guards and barricades as deemed necessary by CE and/or OSHA
requirements;and ensure that work area is safe,free of debris,and kept clear of all public and workmen of other trades.
8.021n the event that Purchaser does not accept delivery of material at the project site when CE is ready to make such delivery,
Purchaser shall make arrangements and pay for storage of such materials at an alternate location.
8.03CE will take all reasonable and standard precautions to protect and preserve the integrity of finished building surfaces. If more
extensive provisions are required,the Purchaser will be responsible for installing and maintaining such.
8.04Purchaser is responsible for cost of additional permit fees and labor to perform additional inspections of the elevator equipment
by code authorities after the initial inspection fails due to the items that are the responsibility of the Purchaser.
8.051n the event hazardous materials are found in or about the work area,the Purchaser is responsible for ensuring that the hazard
is properly removed and that the work area meets all OSHA requirements in regards to the health,safety,and wellbeing of
anyone in the affected area.CE reserves the right to discontinue our work at any time if work needing to be completed by
others is not done in a timely manner and hinders our ability to complete work detailed herein,or if in our opinion,our
technicians are not provided with a safe and unobstructed work area.
8.06Purchaser must provide qualified technicians to assist as required during the state inspection,including the fire alarm and
emergency generator.
8.07The existing hole containing the hydraulic cylinder is backfilled with dirt,sand,or other debris. This will need to be removed
from hole and properly disposed of as it contains oily solids which can be deemed hazardous. Purchaser is responsible for cost
of testing and removal of materials located in the cylinder hole. If it is determined that the existing hole does not have the
adequate dimensions to fit the new equipment,or if large obstructions are present which cannot be removed from the hole by
suction, redrilling of the hole may be necessary. All costs associated with redrilling are to be paid by the Purchaser.
Electrical-Purchaser must:
8.08Provide adequate three phase electrical power with approved fused disconnect at designated area of machine room.
8.0913rovide properly sized service ground wire,from the elevator disconnect switch to the primary building ground.
8.1O13rovide 120 VAC power with approved disconnect for car lighting at designated area of machine room.
8.11Provide adequate lighting and GFI receptacles at designated area of machine room and pit.
8.12Provide uninterrupted use of lighting and electrical power for equipment installation and tools required to install same.
8.13Provide dedicated telephone lines run to designated area of machine room.
8.14Provide fire alarm panel with provisions for elevator fire recall and provide all necessary signals from such panel to designated
area of machine room. CE will provide up to 3 hours of labor during the time we are on site performing work herein to connect
signals and test operation of fire recall system in conjunction with the building fire alarm panel. Any additional time required to
connect,troubleshoot,and pretest system will be performed at CE's prevailing rates.
Page 9 of 13
Date:August 1, 2021
Y
CLEARY
8.15Provide electrical power and control signals to power louvered vent. Power vent to be activated by fire alarm panel or
thermostat in hoistway.
8.16Provide proper signals from emergency generator to designated area of machine room.
Machine Room—Purchaser must:
8.1713rovide a code compliant machine room of proper dimensions,free of non-elevator related equipment and combustible
materials,and fire rated as required.
8.18Provide machine room smoke ventilation as required.
8.19Provide adequate temperature control to maintain a machine room temperature between 507 and 90°F.
8.20Provide properly sized machine room door which is self-closing,self-locking,with proper signage and fire rating.
8.21Provide and mount ABC type fire extinguisher of proper size in machine room.
Hoistwav—Purchaser must:
8.22Provide enclosed legal hoistway of proper dimensions and fire rated as required.
8.23Provide hoistway smoke ventilation and/or pressurization as required.
8.24Provide self closing,self locking access doors of proper dimensions as required.
8.25Provide suitable hoisting beam at top of hoistway at designated location.
8.2613rovide pit of proper dimensions,with adequate pit ladder,proper lighting,waterproofing,sump pumps,and access doors as
required;free of water and debris.
8.27Provide adequate supports and foundations to carry the loads and reactions of all elevator equipment,including supports for
guide rail brackets,machine beams,overhead sheaves,hydraulic cylinder reactions,and impact loads of car and counterweight
buffers.
8.28Provide all block outs and/or do all cutting of walls,floors,etc.;and remove any obstructions as may be necessary for proper
installation of elevator equipment. All patching, painting,and grouting of walls,floors,etc.are the responsibility of the
Purchaser.
8.29Provide adequate temperature control to maintain hoistway temperature between 507 and 90°F.
Part 9—Special Provisions
These Special Provisions are incorporated by reference into and made part of this Agreement. Any terms and conditions in"Special
Provisions"shall supersede all other clauses or coverage referenced to in the main body of this document.
9.010E will provide two keys for each key operated switch for use applicable to Owner.
9.02CE will provide two sets of as built wiring schematics for Owner. One set will be laminated and left in the machine room;the
other set will be for Owner's records.
9.03AII debris resulting from work herein will be removed by CE from the project site and premises will be kept in a neat and orderly
manner.
9.04AII equipment which is being replaced will be removed from the project site and properly disposed of. This will not include any
items which are deemed to be hazardous materials.
9.05CE will coordinate and schedule removal of materibls from Cylinder hole with environmental contractor. The environmental
contractor will provide the Purchaser certification that the waste is properly removed and disposed of which will be important
for the Purchaser's records. The contractor's vactor truck will suction out debris from the hole with an 8"diameter hose. If
obstructions are discovered in the hole that cannot be removed by this process,a drilling company will need to clear the hole to
the required dimensions. CE will provide up to 2 workdays to work with these contractors in safely providing access to the
required areas in accomplishing this work as part of this Agreement. If more time is required,CE will provide such at an
additional cost. All costs of environmental contractor and/or drilling contractor are the responsibility of the Purchaser and are
not included in price shown in this agreement.
Page 10 of 13
Date:August 1,2021
CLEARY
Part 10—Other Terms and Conditions
LIMITED WARRANTY
CE warrants that:
• All work will be performed in a professional manner and will include all labor and materials as detailed herein.
• All work will be performed in accordance with the most applicable editions of the National Safety Code for Elevators
(ASME 17.1), Massachusetts Elevator Regulations(CMR 524),American with Disabilities Act(ADA),State and National
Electric Codes,Massachusetts Building Codes,and all other codes,ordinances,and laws applicable within the
governing jurisdiction in place at the date of this proposal.
• It will repair or replace the equipment installed under this Agreement if defective in material or workmanship for a
period of 1(one)year from the date each elevator is completed and placed into operation. This warranty only applies
to new installed equipment that has failed prematurely or from defects in workmanship. Additionally,CE will provide
Warranty Service,including examination and lubrication, necessary adjustments or replacements of materials as
deemed necessary by CE,during the Warranty period. All warranty work to be done during regular working hours. If
Purchaser requests warranty work be performed outside of regular working hours,they agree to pay prevailing rate
for such work. Purchaser must agree to accept all terms,conditions,and coverage limitations as specified in Service
Agreement accompanying this proposal in order for Warranty Service to take effect.
• EXCEPT AS EXPRESSLY SET FORTH HEREIN CE DISCLAIMS ALL WARRANTIES FOR PRODUCTS AND SERVICES
PROVIDED BY CE, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,TITLE OR QUIET ENJOYMENT.
Unforeseen Conditions-If during the course of performing the modernization,a condition arises which could not have been
determined prior to start of work,CE will provide full details and cost associated to the Purchaser for their approval and acceptance.
Use of Elevator and Access to Restricted Areas-Beginning at the time of taking the elevator out of service,and until the elevator is
approved for use by the Massachusetts Dept.of Public Safety,the elevator will not be available for use. If the elevator is needed to
move to move materials,or access is needed to restricted areas for completing work by others,licensed elevator personnel must be
present to operate elevator and/or provide safe access to restricted areas. CE will provide licensed technicians with prior
scheduling. There will be an additional charge to the Purchaser billed at CE's prevailing rates for such work.
Insurance and Bonds—CE will maintain liability and workers compensation insurance in amounts required by law or consistent with
standard industry practice and provide certificates if requested by Purchaser.
The premium for any bonds,or insurance beyond our standard coverage and limits,will be in addition to the Agreement price.
i
Title and Ownership—CE retains title to all equipment supplied under this Agreement until all payments,including approved change
orders,are made under the terms of this Agreement. Purchaser hereby grants CE the right to take possession and remove from site,
any or all equipment furnished under this Agreement,irrespective of the manner of attachment to the realty, if Purchaser is in
default of payment.
General Terms and Conditions
• In the event that Purchaser does not accept delivery of material at the project site when CE is ready to make such delivery,
Purchaser shall make arrangements and pay for storage of such materials at an alternate location.
• If work detailed in this Agreement is not completed according to agreed schedule,due to no fault by CE or any labor
dispute, Purchaser agrees to pay additional charges for increases in costs for materials and labor.
• CE reserves the right to discontinue our work at any time if work needing to be completed by others,except for any
subcontractors of CE,is not done in a timely manner and hinders our ability to complete work detailed herein,or if in our
opinion,our technicians are not provided with a safe and uninhibited work area.
Page 11 of 13
Date:August 1, 2021
C16EARY
• CE will not be liable for any loss,damage,or delay due to any cause beyond our reasonable control including,but not
limited to,abuse,mischief,misuse,accidents,strikes,acts of government,war,vandalism,or acts of God.
• CE shall not be liable for failure to perform any of its obligations hereunder during a period of fire,flood,or other natural
disaster,war,embargo,riot,or intervention of any government authority("Force Majeure Event")which prevents such
performance.If delayed by a Force Majeure Event,CE shall promptly notify the Purchaser of the delay.
• CE SHALL HAVE NO LIABILITY FOR ANY SPECIAL,CONSEQUENTIAL,EXEMPLARY,INCIDENTAL OR INDIRECT DAMAGES
(INCLUDING,BUT NOT LIMITED TO,LOSS OF PROFITS,REVENUES,AND/OR USE)ARISING OUT OF OR IN CONNECTION
HEREWITH,EVEN IF ADVISED OF THE POSSIBILITY THEREOF.THE PURCHASER SHALL NOT BRING ANY CLAIM ARISING
HEREUNDER MORE THAN EIGHTEEN (18)MONTHS AFTER SUCH CLAIM ACCRUES.
• Purchaser shall,at its expense,defend,indemnify and hold CE harmless from and against all losses,costs,damages,
expenses,claims and suits arising out of or relating to Purchaser's Responsibilities hereunder or material furnished by
Purchaser, including without limitation claims alleging property damage,personal injury or death,of Contractor,its
personnel or others.
• Purchaser shall be responsible for maintaining its own liability and property insurance.No insurer will have any subrogation
rights against CE.
• Each party shall notify the other in writing in case of the other's alleged violation of a material provision hereof.The recipient of
such notice shall have thirty(30)calendar days from the date of receipt of such notice(the"Cure Period")to affect a cure.If the
recipient of such notice fails to effect such cure within the Cure Period,then the sender of such notice shall have the option of
issuing a written notice of termination,which notice shall take effect upon receipt,and such sender shall thereafter have such
remedies as are provided at law.
• This Agreement shall be deemed to be made in Suffolk County,Massachusetts,regardless of the location of any office or
representative of Purchaser,or the location of the equipment,or the place of signing by any party.This Agreement will be
governed by Massachusetts law,excluding its conflict of law rules.The venue for any claim arising under this Agreement
shall be Suffolk County,Massachusetts.
• The terms contained herein constitute the entire agreement between the parties with respect to the subject matter hereof
and shall supersede all prior communications and agreements,either oral or written.No amendment or modification
hereof shall be valid or binding upon the parties unless made in writing and signed by the respective representative of each
party.
Page 12 of 13
Date:August 1,2021
C16EARY
MGMENTITMEN
Part 11— Price, Terms of Payment, Signature Page
CE proposes to provide the labor and materials as detailed herein for the sum of:
$126,500(One Hundred Twenty-Six Thousand Five Hundred Dollars)
Optional Equipment: Please review Part 3 for details of Optional Equipment. Please indicate selection of option by circling"yes"or
"no"for each item. If selecting"no",cross out corresponding cost. Total amount after choosing options.
Cost
OriginalAmount........................................................................................................................................... $126,500
Option(3.1—install new in-groud piston/cylinder assembly).............yes..........no............................. $59,000
Option(3.2—install complete new cab)...............................................yes..........no............................. $49,000
TotalAmount with Options Selected........................................................................................................ $
Payment Terms:
25%to accompany signed Agreement
25%upon start of work on site
20%at time when elevator is operating in construction mode
20%upon substantial completion of work on site
10%upon final state inspection and completion of any punch list items
This proposal shall remain valid for a period sixty(60) days from the proposal date.
Purchaser shall pay to CE the price as specified in this Agreement. Payments past due for more than ten(10)days shall accrue
interest from the due date to the date of payment at a rate of one and one-half percent(1.5%)per month,or the maximum rate
allowed under applicable law. Purchaser shall pay all attorney and/or collection fees incurred by CE in collecting any past due
amounts.CE reserves the right to discontinue our work at any time;until payments have been made as agreed and we have
assurance that subsequent payments will be made as they are due. Failure to pay any amount due within sixty(60)days will be a
breach of the Agreement.CE may declare all sums due as liquidated damages,and until paid in full,be discharged from further
obligations under this Agreement.
Please mail deposit and two signed copies of this Agreement to CE in order for us to begin scheduling work and ordering material.
One copy will be signed by an authorized representative of CE and returned to Purchaser.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as an instrument under seal as of the last date written
below.
PURCHASER: Cleary Elevator Inc.
By: By:
(Signature of Authorized Individual) (Signature of CE Representative)
(Printed Name) (Printed Name)
Title: Title:
Date: Date:
Page 13 of 13
Date:August 1,2021
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