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HomeMy WebLinkAboutKONE, Inc. - Elevator Maintenance ko:M Exhibit 4 KONE Inc. Proposal to Supply Elevator, Escalator, Moving Walkway Maintenance, Repair, Modernization and Related,Products, Services and Solutions under the U.S. Communities Program utilizing the Terms and Conditions of the City of Kansas City Master Contract (Reference GENRL-EV2516 dated December Pt,2018) The parties hereby agree to be bound to the Terms and Conditions of the City of Kansas City Master Contract (Reference GENRL-EV2516 dated December 1st, 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. PROPOSED UNITS & EOUIPMENT PRICING: Location Address Elevators Escalators Other Pricing City of Yakima 5 Units $1,338.00/mo. 'E, ui•ment ;T e: `,` 'Site Name' 'Mm 4 <+iStreet '", "r.'�a;':Y i . ys,,�Zi .,..r :"T q • P �'.r YP , ... �v w.x.• �. ..C.tY <State�,�. .P:;��°° Pi•ice7Mo.°,.fit s. ati., . 20221915 Traction CITY HALL 122 N.2ND STREET YAKIMA WA 98901 $357 20221916 Traction CITY HALL 122 N. 2ND STREET YAKIMA WA 98901 $357 20008970 Hydro POLICE DEPARTMENT 200 S. 3RD STREET YAKIMA WA 98901 $196 20005288 Hydro CAPITOL THEATRE 19 S.3RD STREET YAKIMA WA 98901 $214 20329383 Hydro CAPITOL THEATRE 19 S.3RD STREET YAKIMA WA 98901 $214 Price per month above is payable by purchaser annually in advance ($16,056.00 per annual installment). The price is based upon annual in advance payment. In the event purchaser chooses one of the following payment options using the selections below, a surcharge will apply as outlined: Semi-Annual Payment in Advance: 2%Surcharge Quarterly Payment in Advance: 3%Surcharge Monthly Payment in Advance: 4%Surcharge Contract Term: May 15, 2019 to March 31, 2024 **KRMS-Elevator Phone Monitoring Y X N J11901 Elevator Maintenance—Agreement City of Yakima Page 1 of 8 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. AGREEMENT This Agreement and US Communities contract EV2516(to the extent consistent with City of Yakima's documents) constitute the Contract Documents and are complementary. 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 YAKIMA Christina Payer, Buyer I 129 N 2nd Street Yakima, WA 98901 And by the City to: KONE INC. Ashley Brauer, Senior Sales Consultant 2700 BiState Drive, Suite 100 Kansas City, MO 64108 COMPENSATION The Compensation clause in the US Communities contract; Section 4, Compensation; Item (A), shall be modified as follows: Notwithstanding any other provision of the Agreement, the City's maximum payment obligation will not exceed Eighty thousand, two hundred eighty dollars ($80,280) (the "Maximum Contract Amount"). If an adjustment in compensation is required, this Agreement shall be modified in writing accordingly. PROPOSED SCOPE OF WORK: 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. HYDRAULIC ELEVATORS RELAY LOGIC CONTROL SYSTEM All control system components. MICROPROCESSOR CONTROL SYSTEM All control system components. System performance examinations will be conducted to ensure that dispatching and motion control systems are operating properly. 111901 Elevator Maintenance—Agreement City of Yakima Page 2 of 8 POWER UNIT Pump, motor, valves, and all related parts and accessories. 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 All elevator control equipment and buffers. RAILS AND GUIDES Guide rails, guide shoe gibs, and rollers. 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. MANUAL FREIGHT DOOR EQUIPMENT Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and counter-balancing equipment. 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. 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. TRACTION ELEVATORS RELAY LOGIC CONTROL SYSTEM All control system components. MICROPROCESSOR CONTROL SYSTEM All control system components. System performance examinations will be conducted to ensure that dispatching and motion control systems are operating properly. GEARED/GEARLESS MACHINES All geared and gearless machine components. WIRING All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor. J11901 Elevator Maintenance—Agreement City of Yakima Page 3 of 8 CAR EQUIPMENT All elevator control system components on the car. HOISTWAY AND PIT EQUIPMENT All elevator control equipment, car and counterweight buffers, overspeed governors, governor tension sheave assemblies, and car and counterweight safeties. RAILS AND GUIDES Guide rails, guide shoe gibs, and rollers. ROPES Hoist ropes, governor ropes, and compensation ropes. 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. MANUAL FREIGHT DOOR EQUIPMENT Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and counter-balancing equipment. 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. 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. 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. J11901 Elevator Maintenance—Agreement City of Yakima Page 4 of 8 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. 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. GENERAL 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. 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. OBSOLESCENCE 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. 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 a 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 of a component be discontinued in its entirety, or the OEM designates the component as obsolete. No exception to the above will be made for a component J11901 Elevator Maintenance—Agreement City of Yakima Page 5 of 8 designated as obsolete because it can be custom made or acquired 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. ELEVATOR Refinishing, repairing, replacing, or cleaning of the: car enclosure; gates or door panels; door pull straps; hoistway enclosure; rail alignment; hoistway doors; door frames; sills; hoistway gates; flooring; 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 lines; music systems; media displays; card-readers or other 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 of firefighter's service testing, unless specifically included in this Agreement. 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 of the Equipment. SAFETY Purchaser will provide a safe workplace for KONE personnel and safe access to the 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 to applicable 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 to ensure the safety of the user or safe operation of the 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 or KONE'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 upgrades), KONE may immediately terminate this Agreement in its entirety upon written notice. To the extent that KONE provides Purchaser with any oral or written account, report, information, or other statement identifying 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. 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. 111901 Elevator Maintenance—Agreement City of Yakima Page 6 of 8 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 re-imburse 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. 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 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 reprogrammed 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: $0 ADDITIONAL REQUIREMENTS 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 for regular callouts by certified technician, qualified to make repairs. J11901 Elevator Maintenance—Agreement City of Yakima Page 7 of 8 ACCEPTANCE Service Agreement Effective Date: May 15, 2019 Service Agreement Number: 40138634 IN WITNESS WHEREOF,the parties hereto have caused this Contract to be executed the day and year written below. Countersigned: CITY OF YAKIMA, OWNER CONTRACTOR: KO/`-'t— By C/ By Cliff Mo r , City Manager Name,Title ""Ors Date: S f t Date: /°�3:4 ei ATT ST: lit By 11 .1 ® s City ClerkI � f �� � z CITY CONTRACT NO:(20/ " �*S^ O/ RESOLUTION NO: YVa J11901 Elevator Maintenance—Agreement City of Yakima Page 8 of 8 January 31, 2020 M MO KONE, Inc. Spokane Office 111 N. Vista, Ste. 1 — E Spokane Valley, WA 99212 CITY OF YAKIMA 129 N. 2nd Street Yakima, WA 98901-2637 Attn: Maria Mayhue/Robert Peterson Subject: Contract N40006924 - Adding Yakima Air Terminal Unit No. 20008830 to City of Yakima Terms and Conditions Rider Effective Date: April 01, 2020 This agreement is modified as follows: BUILDING EQUIPMENT YAKIMA AIR TERMINAL 2400 W. Washington Ave. Yakima, WA 98903 Montgomery Miprom SL 2 -Stop, Passenger Hydraulic Elevator ADD/DELETE 1 UNIT EFFECTIVE DATE PRICE/MO. 04/01/2020 199.00 KONE, Inc. will add the above mentioned unit to a Full Maintenance Program with quarterly visits commencing April 1, 2020 contract No. N40006924 with the Terms and Conditions as The City of Yakima contract No. 41675520. ACCEPTANCE: The foregoing Agreement is Hereby signed and accepted in duplicate on Behalf of: TERMS AND CONDITIONS Respectfully submitted by, IfONE, Inc. (Approved Date: orized Representative "It is agreed upon and understood that the terms of the existing master agreement (contract 41675520) between the parties shall be the governing contract language for this agreement." ACCEPTANCE: The foregoing Agreement is Hereby signed and accepted in duplicate on Behalf of: City of Yakima Alex Meyeroff, City NI ger Date ATTEST: By City terk CI CITY CONTRACT NO: RESOLUTION NO: DocuSign Envelope ID:2D50DA99-E351-4795-91E1-1BF5236F09C7 • 2/14/2022 KONE Inc. Washington 111 N Vista Rd STE 1 E City of Yakima Spokane Valley,WA 99212 129 N 2nd St Phone: 509-998-6738 Yakima,WA 98901 Fax: www.us.kone.com corey.raino@kone.com REFERENCE: Rider No. 1 to the City Of Yakima dated 5/30/2019("Agreement") Adding New Location 101 N 2"d St Yakima,WA 98901 41675520 RIDER EFFECTIVE DATE: March 1st 2022 The Agreement is modified as follows: EQUIPMENT: The following equipment shall be added to/deleted from the Agreement as set forth below: Equipment Description Add/Delete Effective Date Price/month 101 IN 2"d St Add March 1st, 2022 Increased by$214.00 • TERM: We will add this unit to the existing contract with the City of Yakima (41675520) EXCLUSIONS: The annual testing and category 5 testing for this additional unit is overdue and is excluded from the above pricing. Pricing for these services to bring the elevator current will be described below in the work to be completed section. In addition, the door operator will need to be surveyed by the mechanic and troubleshot. Any services needed as a result will be negotiated separately. Work to be completed:We will complete the Category 1 (pressure relief and leakage test)and category 5(five year full load)testing for the cost of$5,319.00+applicable taxes with the authorized signature below. REV 4/18/12 DocuSign Envelope ID:2D50DA99-E351-4795-91E1-1BF5236F09C7 If the terms contained in this Rider conflict with terms contained in the Agreement, the terms contained in this Rider shall supersede and prevail. All other terms contained in the Agreement shall remain in full force and effect. AGREED: AGREED: <Purchaser Com pan Name> KONE Inc. / DocuSigned by: BY: • BY: • 1BA78A79386D498 � LL Patrick McCoy NAME: ber T ea rr 1 Sp y--) NAME: GM - Washington TITLE: C i flinei a� ;la_Ci't' r TITLE: \J DATE: C�-QI� I l , DATE: 4/11/2022 CITY CONTRACT NO,2OI9_O7( 040• a RESOLUTION NO: hi(),- ST: NIP 1‘ 7141Lawii, M/ it Clerk IF , ... 10 * y•••'2 0, i %;', /, N.. Extension of Contract No. 2019-076 For Elevator Maintenance This Extension of the existing Contract No. 2019-076 entitled "Elevator Maintenance," and entered into on 5/16/19 (hereafter the "Contract") with Kone (hereafter "Contractor"), entered is between the City of Yakima (hereafter the "City") and Contractor, Whereas, the City entered into City Contract No, 2019-076 per with Contractor for the purpose of the contractor providing Elevator Maintenance; and Whereas, the original term of said Contract, including extensions thereunder, currently terminates on 3/31 /24; and Whereas, the new bid process for Elevator Maintenance is currently in process and an award will not be made prior to the expiration date of the current contract; and Whereas, the parties want the existing contract to remain in effect during the pendency of negotiations, and until a new contract is signed; and Now, therefore, the City and Contractor agree to the following extension of the existing Contract, under the conditions set forth: The term of Contract No, 2019-076 is hereby extended for 120 days from March 31, 2024 through July 31, 2024, or until a new Contract is executed, whichever comes first, at which time Contract No, 2019-076 shall terminate, unless sooner terminated by either party in accordance with the terms of the Contract. Except as expressly modified herein, all other terms and conditions of the above -referenced Contract No, 2019-076 between the City of Yakima and Kone shall remain in full force and effect. CITY OF YAKIMA Contract No, 2019-076t-I Rider 1 Rider 2 KONE Digitally signed by Corey Rain Corey Raiino`etata:o 2024.03.13 13:57:30 -07'00` By: Name: Title: Date: 3/13/2024