HomeMy WebLinkAbout25-0212 Kone, Inc. a,/s-oal a
February 12, 2024 Agenda
Bid Item: #1 — Elevator Power Unit Upgrades — OMNIA Cooperative
Agreement ($77,670)
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 12 day of February
2025, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to
as "City") and KONE, INC., a Delaware corporation authorized to do business in the State of
Illinois (hereinafter referred to as"Seller").
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto
hereby agree as follows:
1. PURCHASE. The Seller shall provide to the City the services and equipment
necessary to furnish and install complete updated hydraulic elevator power units at the City's
Fulton Street Parking Garage located at 245 Fulton Street, Elgin, Illinois, as described in Seller's
proposal dated January 15, 2025, consisting of five (5) pages, one (1) through four (4) of said
proposal being attached hereto and made a part hereof as Attachment A, and as provided by the
OMNIA Joint Purchasing Cooperative Contract#EV2516,attached hereto and made a part hereof
as Attachment B (the "OMNIA Agreement"). Seller shall commence the work upon notice to
proceed by the City, and shall complete all of the services to be provided pursuant to this
Agreement within /120 yt from the date that work is first commenced.
2. TERMS. This Agreement shall be subject to the terms and conditions contained
herein and as provided by Attachment A and the OMNIA Agreement. In the event of any conflict
between any of the terms and provisions this Agreement and either Attachment A or the OMNIA
Agreement,or any portion thereof,the terms and provisions of this Agreement shall supersede and
control. In the event of any conflict between Attachment A and the OMNIA Agreement,
Attachment A shall supersede and control.
3. LAW/VENUE. This Agreement is subject to and governed by the laws of the State
of Illinois.Venue for the resolution of any disputes or the enforcement of any rights arising out of
or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller
hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County,Illinois for the
enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit
brought pursuant to this Agreement or the subject matter hereof; and Seller agrees that service by
first class U.S.mail to KONE Inc.,1080 Parkview Boulevard,Lombard,IL 60148 shall constitute
effective service.The Parties hereto waive any rights to a jury.
4. NO MODIFICATION. There shall be no modification of this Agreement,except
in a writing instrument executed by both Parties with the same formalities as the original
Agreement.
5. MERGER. This Agreement embodies the whole Agreement of the Parties. There
are no promises, terms, conditions or obligations other than those contained herein, and this
Agreement shall supersede all previous communications, representations or Agreements, either
verbal,written or implied between the Parties hereto.
6. INTEREST. Seller hereby waives any and all claims or rights to interest on money
claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to
which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the
Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois
Interest Act(815 ILCS 205/1,et seq.),as amended. The provisions of this paragraph shall survive
any expiration,completion and/or termination of this Agreement.
7. SEVERABILITY. The terms of this Agreement shall be severable. In the event
any of the terms or the provisions of this Agreement are deemed to be void or otherwise
unenforceable for any reason,the remainder of this Agreement shall remain in full force and effect.
8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this
Agreement, it is expressly agreed and understood that in connection with the performance of this
Agreement, Seller shall comply with all applicable federal, state, city and other requirements of
law, including, but not limited to, any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees.
9. COUNTERPARTS AND EXECUTION. This Agreement may be executed in
counterparts,each of which shall be an original and all of which shall constitute one and the same
Agreement. This Agreement may be executed electronically, and any signed copy of this
Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in
all manners and respects as an original document. The signature of any party on a copy of this
Agreement transmitted by facsimile machine,email,or other electronic means shall be considered
for these purposes an original signature and shall have the same legal effect as an original
signature.
10. PAYMENT. City shall pay the total sum of Seventy-Seven Thousand Six Hundred
Sixty-Nine Dollars and Fifty-Six Cents($77,669.56)within thirty(30)days of Seller's completion
of the services to be provided pursuant to this Agreement or City's receipt of invoice, whichever
is later. The aforementioned total sum is inclusive of all freight and shipping costs. The City of
Elgin is a tax-exempt governmental entity.
11. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary
damages in excess of the purchase price contemplated by this Agreement. In no event shall City
be liable for any consequential, special or punitive damages, or any damages resulting from loss
of profit.
12. TRANSFER OF TITLE/RISK. Transfer of title,and risk of loss shall pass to the
City upon delivery of the goods. All transportation and delivery shall be at Seller's sole expense.
13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to
and shall indemnify, and hold harmless the City,its officers, employees,boards and commissions
from and against any and all claims,suits,judgments, costs, attorney's fees,damages or any and
all other relief or liability arising out of or resulting from or through or alleged to arise out of any
acts or negligent acts or omissions of Seller or Seller's officers, employees, agents or
subcontractors in the performance of this Agreement, including but not limited to, all goods
delivered or services or work performed hereunder. In the event of any action against the City,its
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officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify
and hold harmless, such action shall be defended by legal counsel of the City's choosing.
14. INSURANCE. The Seller shall provide,pay for,and maintain in effect,during the
term of this Agreement the A policy of comprehensive general liability insurance with limits of at
least$1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property damage.The
Seller shall deliver to the City a Certificate of Insurance naming the City as additional insured.
The policy shall not be modified or terminated without thirty(30)days prior written notice to the
City. The Certificate of Insurance shall include the contractual obligation assumed by the Service
Provider under Section 13 entitled "Indemnification." This insurance shall apply as primary
insurance with respect to any other insurance or self-insurance programs afforded to the City.
There shall be no endorsement or modification of this insurance to make it excess over other
available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be
endorsed to be primary with respect to the City. All said insurance shall be written by,and secured
from, companies approved to do business and issue insurance in the State of Illinois and must be
rated"A-"or better,in accordance with the latest edition of Best's Insurance Guide,published by
AM Best Company, Inc. or its equivalent.
15. WARRANTY. All applicable warranties, including but not limited to any and all
applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for
a particular purpose, are included as part of this Agreement, and shall apply to all goods,
accessories,components,and services to the benefit of the City.
16. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be
construed so as to create a joint venture, partnership, employment or other agency relationship
between the Parties hereto.
17. WAIVER. Any delay or failure to enforce any rights by either party arising out of
or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any
such rights.
18. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the
Seller arising out of this Agreement must be filed within one year of the date the alleged cause of
action arose or the same will be time-barred.
19. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement.
20. PREVAILING WAGE. This Agreement calls for the construction of a "public
work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01, et seq., as
amended. The Prevailing Wage Act requires contractors and subcontractors to pay laborers,
workers, and mechanics performing services on public works projects no less than the current
"prevailing rate of wages"(hourly cash wages plus amount for fringe benefits)in the county where
the work is performed. The Illinois Department of Labor publishes the prevailing wage rates on
its website at http://labor.illinois.gov/. The Illinois Department of Labor revises the prevailing
wage rates and the contractor/subcontractor has an obligation to check the Illinois Department of
Labor's website for revisions to prevailing wage rates. For information regarding current
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prevailing wage rates, please refer to the Illinois Department of Labor's website. All contractors
and subcontractors rendering services under this Agreement must comply with all requirements of
the Prevailing Wage Act,including but not limited to,all wage requirements and notice and record
keeping duties.
21. NONDISCRIMINATION.The Seller will not discriminate against any employee
or applicant for employment because of race, color, religion, sex, national origin, age, ancestry,
order of protection status, familial status, marital status, physical or mental disability, military
status,sexual orientation,or unfavorable discharge from military service which would not interfere
with the efficient performance of the job in question. The Seller will take affirmative action to
comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any
subcontractor to submit to the City a written commitment to comply with those provisions. The
Seller will distribute copies of this commitment to all persons who participate in recruitment,
screening, referral and selection of job applicants,prospective job applicants, and subcontractors.
The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit
the Seller contractually and has been authorized to execute this Agreement on its behalf.
IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first
above written.
KONE, INC. CITY 0 LGIN
Justine Ryan _ #7,v(
Print Name Richard G. Kozal,City Manager
Attest:
Signature Oliti4.‘/
Service Sales Manager •ZZee.1)
Title City Clerk
Legal Dept\Agreement\Kone Inc Agr-Elevator Power Upgrades-2-4-25.docx
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K O N F Care KONE Internal
PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL
January 15, 2025
CITY OF ELGIN
FULTON STREET GARAGE
245 FULTON ST. -
ELGIN, IL 60120
,
Attn: Glen Dettman
Re. HYDRAULIC PASSENGER ELEVATOR#2 WEST
COMPLETE ELEVATOR POWER UNIT UPGRADE •'
111
Dear Glen,
The safety, performance and reliability of your vertical
transportation equipment are important to us. We understand the
value of the equipment to your building and know that the following
areas are important to you:
• Passenger and employee safety
• Code compliance
• Performance and reliability
• Accessibility
• Aesthetics
• Eco-efficiency
We thank you for the opportunity to submit the following proposal to you which will help improve your equipment in one
or more of the above areas. Our trained service technician will follow proven performance procedures to perform the
recommended work in a safe, professional manner designed specifically for each piece of equipment.
Upon your approval, please sign and return the following proposal to our local Branch Office for processing.
Should you have any questions regarding this agreement, or if we can be of any further assistance, please contact me
at(630) 310-1752.
Sincerely,
Martin Rogman
Senior Sales Executive
KONE Inc.
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K O N F Care KONE Mantel
PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL
January 15, 2025 KONE Inc.
CITY OF ELGIN 1080 Parkview Boulevard
FULTON STREET GARAGE Lombard, Illinois 60148
245 FULTON ST. Tel(630)629-3100
ELGIN, IL 60120 Fax(630)629-3440
www.kone.com
martin.rogman@kone.com
ATTN: Glen Dettman
Re: Furnish & Install Complete Upgraded Hydraulic Elevator Power Unit
Description of Work
We propose to furnish and install the necessary labor, materials, tools and supervision to perform the following
work on the West Passenger Elevator#2 at 245 Fulton St. Elgin, IL 60120
KONE will furnish and install a new hydraulic power unit. Including the following new components, new power
unit tank, valve. hydraulic pump, and hydraulic pump motor, as well as process piping, fittings, wiring etc.
Automatic two-way leveling will be provided to automatically stop and maintain the car approximately level with
the landing.
Hydraulic Power Unit
A hydraulic power unit is comprised of Potential Benefits include
four major components:tank, valve,
pump&pump motor.These • Creates a safer operating
components control and drive the environment
elevator system wf ile in operation.
• Reduce service interruption
Aging power unit components can
lead to increased shutdowns,leveling • Improve overall operation of
issues,passenger entrapments, equipment including ride
overall performance concerns,and quality,leveling,and
more.
avadabltRy
Replacing all components at once,
instead of individually,provides the • Reduce operating expenses
most proactive approach to reduce related to obsolete
equipment downtime and address components
service interruptions
Pmformanat x
Rel ability
KONE will drain the hydraulic oil and properly dispose of the old oil, and disassemble and dispose of the existing
tank unit. KONE will provide and install new hydraulic fluid up to 110 gallons, one time with this installation.
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KONE Care TM
KONE Internal0
:33
PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL
Price
Our total price to perform the above-mentioned work amounts to: $ 38,834.78 (Thirty Eight Thousand Eight
Hundred Thirty Four and 781100 dollars).
Our price includes applicable labor,zone,freight,expenses,and materials.This proposal also includes the required,
Safety Testing upon completion of work, coordinating the Inspection and Permit, as well as Includes the
Inspector QE!Inspection Fees.A deposit of 25%of the total amount will be invoiced when the order is
received by KONE. The balance will be due once the equipment is installed.
Note:OMNIA national rates were utilized in the pricing of this proposal.
OPTION I:
KONE recommends consideration of replacing the power unit on the#1 East Passenger Elevator at the
same time the#2 West elevator is upgraded due to the position of the#2 West elevator in the machine
room. The West#2 Elevator(currently out of service) is in front of the#1 East Elevator in the elevator
machine room. The#2 Elevators Power Unit once replaced will have to be disassembled in order to access,
remove,and install a power unit for the#1 East Passenger Elevator. Both elevators are approximately 30
years old according to our records.The pricing for this option for the East#1 Passenger Elevator will be
invoiced at the same amount as stated above for the west elevator#2,or$38,834.78.A total discount of
$1000.00 will be deducted off the total amount of this proposal$38,834.78 x 2=$77,669.56 if Option I
above is selected.
Please Initial Here Your Approval Date
This proposal is not binding on KONE until approved by an authorized KONE representative. Pricing is subject
to KONE's attached Terms and Conditions for tendered repairs and, by signing below, Purchaser hereby agrees
to these Terms and Conditions. Price is valid for 30 days from date of this proposal. During the course of our
work, should deficiencies, code violations, or other issues be discovered, we will promptly notify Purchaser and
provide a separate quotation to correct these issues.
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KONE reTM� Care r KONE Internal
PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL
ACCEPTANCE:The foregoing Agreement is hereby Respectfully submitted by,
signed and accepted in duplicate on behalf of KONE Inc.
CITY OF ELGIN
(Signature) Martin J Rogman, Senior Sales Executive
.4178.1.40_,/
(Print Name) (Approv, By)Authorized Representative
Service Sales Manager
(Print Title) Title
Date: / I Date: 02 / 06 I 2025
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