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HomeMy WebLinkAboutR-2024-142 Resolution authorizing an agreement with KONE Inc for elevator maintenance services for City of Yakima conveyances RESOLUTION NO. R-2024-142 A RESOLUTION authorizing an agreement with KONE Inc for Elevator Maintenance Services for City of Yakima conveyances. WHEREAS, the City is authorized to utilize OMNIA contract EV2516 for Elevator and Escalator Maintenance and Services. They are a purchasing consortium that the City has entered into a Master Intergovernmental Cooperative Purchasing Agreement with, approved by Resolution R-2021-021; and WHEREAS, KONE, Inc participated in the competitive bid process in response to OMNIA RFP EV2516 by submitting a proposal, on which KONE Inc was awarded a contract; and, WHEREAS, the City desires to procure elevator maintenance services and annual testing, for all City conveyances, through OMNIA contract EV2516. KONE Inc agrees to deliver services pursuant to the OMNIA contract under the terms and conditions found in the agreement; and WHEREAS, KONE. Inc. was determined to be qualified to perform the needed routine maintenance and annual testing services; and WHEREAS, the Scope of Work and Budget included in this agreement meet the needs and requirements of the City of Yakima for these services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an Agreement with KONE Inc., attached hereto and incorporated herein by this reference. The contract term is five years with an approximate contract value of$108,818. ADOPTED BY THE CITY COUNCIL this 5th day of August, 2024. r '!' 7/. Patricia Byers, yor ATTEST: EA Rosalinda Ibarra, City Clerk 1 KONE Internal Exhibit 4 KONEInc. Proposal twSupply Elevator, Escalator, Moving Walkway Maintenance, Repair, Modernization and Related, Products, Services and Solutions under the U.S. Communities Program utilizing the Terms and Conditions mfthe City nfKansas City Master Contract (Reference GGNRL,EV2516dated December 1*^,2018) The parties hereby agree tobebound to the Terms and Conditions of the City of Kansas City Master Contract (Reference GENRL-EV2516 dated December 1, 2018) ("Contract"), together with those terms and conditions contained in this Exhibit 4 (collectively, "Service Agreement"). In the event of conflict between terms and conditions contained in the Contract and this Exhibit 4, the terms in this Exhibit 4 shall supersede and prevail. Scope of Work outlined below is aligned with Attachment D in the [ontractGENRLEV2S16. TERM AND TERMINATION: This Agreement will commence on August 1, 2024 and continue for an initial period of one (1) Year. The City, in its sole discretion, may renew this contract for up four (4) additional one (1) year terms. Purchaser may terminate the Agreement by giving KONE INC no less than thirty (30) days written notice prior to the expiration date of the then current term of the Agreement, and Purchaser shall only be liable for payment of services rendered through the date of said termination. Ifaparty materially breaches the Agreement, the other party shall provide written notice of the breach and a reasonable time under the circumstances to cure the breach, but in no event less than aninety (9O)days cure period. |fthe breaching party fails tocure the breach within the specified time period, the non -breaching party may terminate the Agreement upon thirty (]O) days written notice 10the other party, 1) Agreement PROPOSED UNITS JkEQUIPMENT PRICING (FIRM THROUGH 0/1/25). Location Address City mfYakima Elevators Traction Traction Monthly Pricing City Hall #1 Passenger Elevator City Hall #2 Freight Elevator 44838233 03799 Hydraulic City of Yakima I0008970 10343 Hydraulic Police Department owu6Tm/weElevator Maintenance m� ~ 122N.2" Street, $357 Yakima, WA 98901 1%JN.2woStreet, Yakima WA 98901 101N2nd Street Yakima, WA 98901 28OS.]^oStreet Yakima, WA 98901 $%14 Page zore KONE Internal 20005288 216 20329383 106665 20008830 11005 Hydraulic Capitol Theatre Hydraulic Capitol Theatre Hydraulic Yakima Air Termina 9 S. 3R° Street Yakima, WA 98901 19 S. 3R© Street Yakima, WA 98901 24©© W Washington Ave Yakima, WA 98903 PRICE ADJUSTMENTS: KONE Elevator will have a 5% escalation cap per year. Upon approval, annual escalations will take effect on August 1st Adjustments in pricing will be considered after the firm fixed price period. In order to be considered for a price adjustment, the contractor shall request in writing to the City a minimum of 60 calendar days in advance of the price increase. The request shall be accompanied by sufficient documentation to justify the requested increase. Documentation must be based on: • Labor - 85% of contract value to be based upon Labor and industries Elevator Construction Mechanics for location of the elevator at: www.lni.wa.goy/Prevailing;Wal;e/swages/20062/Elev.asp • Material - 15% of contract value to be based upon Producer Price Index (WPU11420221 Parts and attachments for elevators and moving) at the time of request, for the location of the elevator. The City, in its sole discretion, will decide whether to approve or deny the rate increase request or any part thereof within thirty (30) days of receipt of the request. If approved, increase shall take effect thirty (30) days after approval. The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment. National Pricing 2024: Seattle, WA, Spokane, WA & Billings, MT (hourly repair rates) Classification Licensed Mechanic: Mechanic Helper: Adjuster: Normal Rate Overtime Rate $24©.9© $204.49 $262.51 $4©9.54 $347.63 $446.26 Sundays/Holidays $481.81 $395.14 $525.01 Normal Hours: Monday -Friday, 8:00am — 5:00pm Overtime Hours: Monday -Friday outside of normal working hours and Saturday Sunday/Holidays: Sundays and International Union of Elevator Constructors (IUEC) recognized holidays. TYPE OF SERVICE: Complete Maintenance SERVICE CALLBACK COVERAGE: Regular Time Coverage, 8:00 AM — 4:30 PM, Monday - Friday TESTING: Annual CAT 1 and Five -Year Full Load CAT 5 12416T KONE Elevator Maintenance Page 2 of 9 KOINE Internal EFFECTIVE DATE: August 1, 2024 APPLICABLE LAW: This Agreement shall be construed and enforced in accordance with, and the validity and performance of shall be governed by, the laws of the State of Washington. ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered by KONE INC., without the Purchaser's prior written consent. AGREEMENT: This Agreement and US Communities contract EV2516 (to the extent consistent with City of Yakima's documents) constitute the Contract Documents and are complerrieritary. Specific Federal and State laws and the terms of this Agreement, in that order respectively, supersede other inconsistent provisions. Wherever "City of Kansas" is referenced in the US Communities contract, State of Washington law (Yakima County) shall apply. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St, Yakima, Washington, 98901, and are hereby incorporated by reference into this Agreement. NOTICES: Notices concerning the termination of this Agreement, notices of alleged or actual violations of the terms or conditions of this Agreement, and other notices of similar importance shall be made: By Contractor to: CITY OF YAKIIVIA Christina Payer, Buyer II 129 N 2' Street Yakima, WA 98901 And by the City to: KONE INC. Corey Raino, Senior Territory Manager 111 N Vista Rd., Ste. 1-E Spokane Valley, WA 99212 PROPOSED SCOPE OF WORK: 1. SERVICES Complete Maintenance— (Equipment included as listed above) KONE will perform maintenance visits to examine, maintain, adjust, and lubricate the components listed below. In addition, unless specifically excluded below, KONE will repair or replace the components listed below if the repair or replacement is, in KONE's sole judgment, necessitated by normal wear and tear. Unless specifically included elsewhere in this Agreement or unless Purchaser has separately contracted with KONE for the work, all other work related to the equipment is Purchaser's responsibility. A. HYDRAULIC ELEVATORS 1. RELAY LOGIC CONTROL SYSTEM All control system components. 2. MICROPROCESSOR CONTROL SYSTEM All control system components. System performance examinations will be 12416T KONE Elevator Maintenance Page 3 of 9 K©NE-Internal conducted to ensure that dispatching and motion control systems are operating properly: POWER UNIT Pump,, motor, valves, and all related parts and accessories: 4. HYDRAULIC SYSTEM ACCESSORIES Exposed piping, fittings accessories between the pumping unit and the jack, jack packing, hydraulic fluid, and any heating or cooling elements installed by the original equipment manufacturer ("OEM") for controlling fluid temperature. CAR EQUIPMENT All elevator control system components on the car. WIRING All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor. HOISTWAY AND PIT EQUIPMENT Ali elevator control equipment and buffers. RAILS AND GLIDES Guide rails, guide shoe gibs, and rollers. 9 00R EQUIPMENT Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices, hoistway door interlocks, door gibs, and auxiliary door closing devices. 1O. MANUAL FREIGHT DOOR EQUIPMENT Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and counter -balancing equipment. 11. POWER FREIGHT DOOR EQUIPMENT Controller, relays, contactors, rectifiers, timers, resistors, solid state components, door motors, retiring cams, interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices. 12. SIGNALS AND ACCESSORIES Car operating panels, hall push button stations, hall lanterns, err ergency lighting, car and hall position indicators, car operating panels, fireman's service equipment and all other signals, and accessory facilities furnished and installed as an integral part of the elevator equipment. Re -tamping of signal fixtures is included only during KONE's maintenance visits. Service requests for re -tamping of signal fixtures will be billed separately at KONE's then current labor rates. TRACTION ELEVATORS RELAY LOGIC CONTROL SYSTEM AU control system components, MICROPROCESSOR CONTROL SYSTEM All control system components. System performance examine on will be conducted to ensure that dispatching and motion control systems are operating properly, GEARED/GEARLESS MACHINES All geared and gearless machine co WIRING All elevator control wiring and all po input terminals to the motor. CAR EQUIPMENT 416T KONE Eevat©r Maintenance the elevator equipment Page 4 of KONE internal All elevator control system components on the car. f. HOISTWAY AND PIT EQUIPMENT All elevator control equipment, car and counterweight buffers, overspeed governors, governor tension sheave assemblies, and car and counterweight safeties. 7. RAILS AND GUIDES Guide rails, guide shoe gibs, and rollers, 8. ROPES Hoist ropes, governor ropes, and compensation ropes. 9. DOOR EQUIPMENT Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices, hoistway door interlocks, door gibs, and auxiliary door closing devices. 10. MANUAL FREIGHT DOOR EQUIPMENT Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and counter -balancing equipment. 11. POWER FREIGHT DOOR EQUIPMENT Controller, relays, contactors, rectifiers, timers, resistors, solid state components, door motors, retiring cams, interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices 12. SIGNALS AND ACCESSORIES Car operating panels, hall push button stations, hall lanterns, emergency lighting, car and hall position indicators, car operating panels, fireman's service equipment and all other signals, and accessory facilities furnished and installed as an integral part of the elevator equipment. Re-lamping of signal fixtures is included only during KONE's maintenance visits. Service requests for re-lamping of signal fixtures will be billed separately at KONE's then current labor rates. 2. HOURS OF SERVICE All services described above will be performed during the regular working hours of the regular working days of the elevator or escalator trade in the location where the services are performed, unless otherwise specified in the Agreement. SERVICE REQUESTS (CALLBACKS) In addition to the work described in the Scope of Services section, this Agreement covers requests for service during the regular working hours of the regular working days of the elevator trade. Service requests are defined as services that require immediate attention and that are within the scope of services and not excluded from the scope of services as provided below. Service requests outside the scope of services will be billed separately at KONE's then current labor rates and material prices plus mileage and incidentals. Any rates and lump sum amounts are not subject to audit. Service requests that require more than one technician or more than two hours to complete will be treated as a repair and scheduled in accordance with the Hours of Service section above. Purchaser agrees that KONE may perform service requests made by any person that KONE believes is authorized by Purchaser to make such requests. If Purchaser requests service on overtime, Purchaser will be charged only for the difference between KONE's hourly billing rate and KONE's hourly overtime billing rate for each overtime hour. 12416T KONE Elevator Maintenance Page 5 of 9 KONE Internal 4. TESTS KONE will perform the following tests on the Equipment. KONE is not liable for any property damage or personal injury, including death, resulting from any test. HYDRAULIC ELEVATOR A pressure relief test and a yearly leakage test as required by applicable code. A five (5) year full load test as required by applicable code (code changes as of 1/1/14 for any elevator with a surge valve). TRACTION ELEVATOR An annual no load test as required by applicable code. A five (5) year full load test as required by applicable code. S. REPORTING SERVICES KONE may provide Purchaser with access to KONE's online reporting tool. Based on the Purchaser's user access, Purchaser can view information about the performance and service of the Equipment. KONE may provide Purchaser with automatic email notifications that provide information on work performed. EXCLUSIONS The following are excluded from the scope of services. A. GENERAL 1. KONE is not obligated to: perform safety tests other than those specified herein; perform any work required by new or retroactive code changes; perform tests required or correct outstanding violations or deficiencies identified prior to the effective date; removal of water or excessive debris from the pit; make replacements or repairs necessitated by fluctuations in the building power systems, adverse machine room or environmental conditions (including without limitation temperature variations below 50 degrees or above 90 degrees Fahrenheit) or humidity greater than 95% relative humidity, prior water exposure, rust, fire, explosion, acts of God, misuse, vandalism, theft, acts or mandates of government, labor disputes, strikes, lockouts, or tampering with the equipment by any person other than a KONE representative, negligence or acts or omissions of the Purchaser or any third party, or any other cause beyond KONE's direct control. 2. KONE agrees to maintain the existing performance as designed and installed. KONE is not required under this Agreement to make changes in operation and/or control, subsequent to the date of this Agreement. B. OBSOLESCENCE 1. A component may become obsolete during the term of this Agreement. Obsolete components are not covered under this Agreement. KONE will provide Purchaser with a separate quotation for the price to replace obsolete components. Equipment modifications necessary to accommodate replacement of obsolete components will also be at the Purchaser's expense. 12416T KONE Elevator Maintenance Page 6 of 9 KONE Internal 2. Components include without limitation any part, component assembly, product, or firmware or software module. A component is obsolete when it can no longer be economically produced due to the cessation of consistent sources for materials, a loss or termination of manufacturing process occurs, product reliability analysis shows that it is not economically feasible to continue to produce the component' escalation of component costs beyond acceptable industry expectations drive alternative equipment upgrades, the support of product safety programs or conformance to codes or standards mandates that use ofacomponent bediscontinued |nits entirety,orthe OEM designates the component as obsolete. No exception to the above will be made for a component designated asobsolete because bcan becustom made oracquired at any price. KONE will not be required to furnish reconditioned or used components, The component that replaces the obsolete components is covered under this Agreement. C. ELEVATOR 1. Refinishing, repairing, replacing, orcleaning ofthe: car enclosure; gates ordoor panels; door pull straps; hoistwoyenc|osure; nsi| alignment; hoistwayd000; doorframes; sills; huiutway gates; flouring; power feeders, switches' and their wiring and fusing; car light diffusers; ceiling assemblies and attachments; smoke or heat sensors; fans; fireman's phone devices; intercoms; telephones or communication devices; phone Ones; music systems; media displays; card - readers orother security systems; computer monitoring systems; light tubes and bulbs; pit pumps; emergency power generators; hydraulic cylinder; unexposed piping; or disposal or clean-up of waste oil or contamination caused by leaks in the hydraulic cylinder or unexposed piping. KONE is not be obligated to perform or keep records offirpfighter's service testing, unless specifically included inthis Agreement. 7. REMOTE MONITORING If the Equipment is equipped with remote monitoring capabilities, Purchaser gives KONE the right to utilize this functionality and the phone line to the Equipment to collect data related to the use and operation ofthe Equipment. 8. SAFETY Purchaser will provide a safe workplace for KONE personnel and safe access tvthe equipment, property and machine room areas and keep all machine rooms and pit areas free from water, stored materials and debris; remove and dispose of any hazardous materials, water or waste according toapplicable laws and regulations; post any and all instructions and warnings related to the use of the equipment. Purchaser will be solely responsible for proper use, for supervising the use of the equipment, and for taking such steps including but not limited to providing attendant personnel, warning signs and other controls necessary toensure the safety ofthe user orsafe operation ofthe equipment. Notwithstanding anything to the contrary contained in this Agreement, if in KONE's sole judgment the equipment presents a safety hazard to the riding public orKONE's technicians (including but not limited to Purchaser's act of creating or allowing unsafe practices or conditions or Purchaser's failure to authorize necessary repairs or upgradps). KONE may immediately terminate this Agreement in its entirety upon written notice. To the extent that KONE provides Purchaser with any oral orwritten account, report, information, orother statement identifying 1z*zsTKONE Elevator Maintenance Page 7«f 9 KONE Internal a safety issue with the equipment that is the subject of the Agreement or otherwise makes any reasonably warranted recommendation or proposal to make a safety improvement or to address a safety issue related to such equipment, and Purchaser does not immediately approve KONE's proposal or recommendation, Purchaser agrees to indemnify, defend, and hold KONE harmless for any claims arising out of Purchaser's failure to comply with KONE's recommendations and proposals, and any obligation on the part of KONE to indemnify or defend Purchaser with regard to such claim shall be null and void. 9. NOTICE OF MALFUNCTION OR INJURY As to any elevator or escalator equipment that is the subject of the Agreement, Purchaser will: (i) immediately shut down any such equipment that presents a potential safety hazard; and (ii) provide prompt verbal notice to KONE's Service Center of such hazard. Purchaser will immediately notify KONE's Service Center of any injury or accident in or about such equipment, followed by prompt written notice of such injury or accident. Any indemnity of Purchaser provided by KONE under the Agreement becomes null and void and will not be considered in interpreting the Agreement if Purchaser does not take the action or provide the notice required by this provision. 10. THIRD PARTY SERVICES All services within the scope of this Agreement must be performed by KONE or its subcontractors, if any. If Purchaser causes or permits a third party to perform the same or substantially the same services required by this Agreement, Purchaser waives all claims against KONE arising from or related to a third party's performance of such services. If a third party works on the equipment during the term of this Agreement, KONE reserves the right to inspect the equipment and may determine that re -work, different or additional work is required. Purchaser will reimburse KONE for the cost the inspection and any additional work required. If Purchaser declines to have KONE perform the additional work, KONE reserves the right to cancel the Agreement upon written notice to Purchaser. 11. NON-KONE EQUIPMENT If the equipment covered under this Agreement was not manufactured by KONE (or a company acquired by KONE), Purchaser will: (i) provide KONE with a complete set of as -built wiring diagrams and (ii) Purchaser will procure and pay for replacement parts or proprietary diagnostic devices from the OEM, if requested by KONE. KONE will reimburse Purchaser for the actual cost paid by Purchaser for OEM parts acquired at KONE's request. KONE is not responsible for any delays, damages, cost, or claims arising from or in connection with Purchaser's failure to provide OEM parts or proprietary diagnostic devices in a timely manner. Purchaser authorizes KONE to produce single copies of the EPROM and/or ROM chips for each unit for the sole purpose of an archive backup of the embedded software to allow for replacement of a defective or damaged chip. These will be stored on the building premises and the Purchaser retains possession. KRMS Voice Monitoring Service Option KONE will provide its KRMS voice monitoring service. Purchaser will provide an analog phone line to the elevator machine room to be terminated on the appropriate phone jacks. If the phone line is an extension off an existing phone system, Purchaser will provide a backup power source. If applicable, the extension must be direct inward dial (DID). All phones and associated equipment must comply with ASME A17.1, local codes, and applicable law. Purchaser will provide KONE with the elevator phone number(s) or extension(s) so that these may be 12416T KONE Elevator Maintenance Page 8 of 9 programmed to call the KONE Service Center. Purchaser will complete the below information and update KONE with the information immediately in writing if the information changes. Purchaser's named representatives must be available 24/7 for contact by KONE: If the KONE Service Center receives a call from an elevator, KONE will contact Purchaser's representatives in the order listed below. KONE will contact the local emergency authorities only if there is an emergency or when KONE cannot reach Purchaser's representatives. Upon termination of the Agreement, Purchaser must immediately reprogram all elevator phones to dial a number other than a KONE phone number, and KONE will block the elevator phone numbers from contracting the KONE Service Center; KRMS Activation Fee: No Charge KRMS Service Fee: 80 12. ADDITIONAL REQLIIREIVIENTS 8.11 Examination tasks included. 1-hour response time for emergency or entrapment callouts by certified technician, qualified to make repairs. 2-hour response time fo egular callout ACCEPTANCE Service Agreement Effective Date: See TERM AND TERMINATION section Service Agreement Number: TBD by cert ed technician, qualified to make repairs. The parties to this service agreement agree to the conditions contained herein: CITY OF YAKIMA Dave Zabel!, D Al City Clerk y Manager Cli''a rONTRACT NO:' RESOLUTION NO 12416T KONE Elevator Maintenance KONE Digitally signed by Corey a CoreyRai o Dte: 7, Da e: 20 4,0 0814:26:o7'00°3 Signature Date e) Page 9 of 9 KONE Internal is4010h, BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.F. For Meeting of: August 5, 2024 ITEM TITLE: Resolution authorizing an agreement with KONE Inc for elevator maintenance services for City of Yakima conveyances SUBMITTED BY: *Kerry Jones, Fleet and Facilities Manager Christina Payer, Buyer II SUMMARY EXPLANATION: This contract will enable KONE Inc. to provide routine elevator maintenance services and annual testing for all City conveyances if approved. The contract term is five years, with an approximate contract value of$108,818. The City is authorized to utilize OMNIA contract EV2516 for Elevator and Escalator Maintenance and Services. They are a purchasing consortium that the city has entered into a Master Intergovernmental Cooperative Purchasing Agreement, approved by Resolution R-2021-021. The City desires to procure elevator maintenance services and annual testing for all City conveyances through OMNIA contract EV2516. KONE Inc. agrees to deliver services according to the OMNIA contract under the terms and conditions found in the agreement. KONE Inc. was determined to be qualified to perform the needed routine maintenance and annual testing services. The Scope of Work and Budget included in this agreement meet the needs and requirements of the City of Yakima for these services. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution Agreement KONE.docx 12416T Agreement KONE_FINAL.docx 57