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