HomeMy WebLinkAbout25-0514 KONE Inc. as- o3i4
May 14, 2024 Agenda
Bid Item: #6 — Lords Park Pavilion Elevator Modernization — OMNIA
Partners Cooperative Agreement ($258,380)
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 14th day of May
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 modernize all elevator equipment at the City's Lords Park Pavilion located at 100
Oakwood Blvd, Elgin, Illinois, as described in Seller's proposal dated April 28, 2025, consisting
of Nineteen (19) pages being attached hereto 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 days 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 Two Hundred Fifty-Eight Thousand
Three Hundred Eighty Dollars ($258,380) 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
2
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
3
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 OF ELGIN
Aaron Res 0/
Print Name Richard G.Kozal,City Manager
d4
Attest:
Signature
Senior Vice President
Title ity Clerk
Legal Dept\Agreement\Kone Inc Agr-1 levator Power Upgrades-2-4-25 docx
4
KONE Internal
ATTACHMENT A: PAVILION MOD PROPOSAL
Dedic., KONE
O r!1t
•
410
2466-
or
e
KONE MODERNIZATION PROPOSAL
Proposal: Elgin Pavilion MOD
Proposal Date: 04/28/2025
KONE Internal
0:01
04/28/2025
KONE Inc.
Elevators&Escalators
1080 Parkview Blvd
Lombard, IL,60148
Mobile+19166343528
Work(916)634-3528
jenna.radtke@kone.com
www.kone.us
We are pleased to enclose,for your review and consideration, KONE's proposal to modernize your equipment located at the
following address for the amount of$258,380(excl. use tax)
100 Oakwood Blvd
60120, Elgin, Illinois
• This proposal is based on 2025 installation.
• This proposal is valid for(30)days.
• Anticipated downtime:4 weeks per unit for modernization+ 1 weeks for inspection.
• This proposal is based on the Terms&Conditions outlined in the City of Kansas City Omnia Contract#EV2516
KONE has included Building Related Work and Cab Interiors in our Pricing.
We look forward to hearing from you and working together on this project.
Yours sincerely,
\f4,41/11
Jenna Radtke
Senior Sales Consultant
Kone Inc
KONE Internal
Table of Contents
1. Why KONE? .4
2. Ensuring your project success .5
Project Overview 5
Site Cornerstones 5
3. Your solution 6
Solution details 7
Elevator /Solution 1 7
4. Commercial Offer. . .. . 8
Pricing 8
Additional Options for your Consideration 9
5. Services included . 9
6. Tender Approval 10
Appendix 1: KONE 24/7 Connected Services
Appendix 2: Clarifications
Appendix 3: Bid Attachment"A"/KONE Inc.General Terms and Conditions(Modernization)
Appendix 4: Bid Attachment"B"/Site Requirements&Work by Other Trades
www.kone us T-0008302643 3(19)
KONE Internal
1. Why KONE?
KONE in brief
KONE is a global leader in the elevator ` over over
and escalator industry. Our mission is to 150 k 1 .4 M
make cities better places to live.
Our versatile product portfolio features a -- installation yearly units
wide range of innovative products vvorldwide -naintainec
including elevators,escalators.
autowalks. monitoring,access and founded in _
destination control systems
1910 60,000+ * 550,000
employees customers worldwide
More than 100
years of
experience in
the elevator (`]J
industry
"World's Most Innovative
Companies"
awards by Forbes
Value for your project
KONE helps you to reduce operational costs, increase end-user satisfaction and value of your building by providing accessible
and safe equipment through a professional and trouble-free modernization project
✓ Increased user satisfaction/minimal disturbance to end-users
✓ Improved eco-efficiency, reduced energy consumption
✓ Improved safety according to latest standards
www kone us T-0008302643 4(19)
KONE Internal
112 0:CI
2. Ensuring your project success
Project Overview
KONE Responsibility •••CUSTOMER Responsibility
.-r KONE and CUSTOMER
Project kick- Fully executed Materials delivered to Installation and Project
off contract&down site and testing completion
payment modernization starts
•
1 1 T
Detailed site Submittals Manufacturing Work by others Third-party inspection
survey approved if arranged
required
4 4
tt:•
•
Site Cornerstones
By ensuring that these cornerstones are in place you can ensure that your modernization project stays on schedule and that
KONE technicians can perform their work quickly,safely, and with minimum disruption to building operations.
Site preparation requirements before materials arrive
1
• Loading and storage area of suitable size for materials.waste and waste storage, and tools
• Safe access route for new materials and materials being removed
• Access permissions and cards or other access devices for KONE technicians
Other works as agreed in the project plan, if not managed by KONE
2
• Please refer to Appendix 4: Bid Attachment"B"/Site Requirements&Work by Other Trades
• Please note that KONE has included Building Related Work in our Pricing.
www kone.us T-0008302643 5(19)
KONE Internal
3. Your solution
Rated load 2000 lbs
Rated speed 100 fpm
Number of floors 2 floors/2 front openings/0 rear opening
Electrification
Product name Elevator 1
Number of floors served 2
Code year 2019
Capacity[LBS] 2000
Speed[FPM] 100
A. Controller: Evolved by Smartrise Engineering(smartrise.us)
A non-proprietary serial link microprocessor controller as manufactured by Smartrise or approved equal The
Smartrise Evolved control platform is a leap forward in hydraulic elevators. Adaptive Slowdown saves time and
money while giving passengers consistent rides throughout the journey. No custom software is required. most
features are already built-in and are parameter adjustable making the installation times shorter and future
changes easier. Software downloads and field setups can be done wirelessly,traveler cables are smaller than
previous generations. and setting up the monitoring system is easier than ever. All leading to a more efficient,
reliable installation. Technical training, engineering. and technical phone and field support is available to all
KONE branch locations.
Controller inclusions:
a. Adaptive Slowdown
b. 3 Board System
c. Serial Communication
d. Solid State Starter
e. Distance and Velocity Feedback
f. Dispatching up to 8 car group
g. NEMA 1
h. Car top station
i. Position indicator interface
j. Battery lowering
B. Electrification Kit
All wiring and electrical interconnections will comply with governing codes. Insulated wiring is flame retardant
complete with moisture-proof outer covering and will be run in conduit tubing or electrical wireways per code.
Traveling and hoistway cables are pre-labeled to match the terminal name on the Smartrise Controller for ease
of installation. This patterning also simplifies the wiring between the controller and the car top while thereby
preventing wiring mistakes. It also makes checking connections easier. Cables come with Kellems®Grips.
The Electrification Kit is designed specifically for the KONE hydraulic package. The kit includes trough and
conduit for both the hoistway and machine room as required A job specific accessory kit is also included
containing boxes. fittings, tape. wire nuts, etc. to meet existing job site condition requirements for the project
This allows for ease of installation and expedited modernization to limit downtime and building disruption
www.kone.us T-0008302643 61 t 9
KONE Internal
0:a
C. Power Unit built by Alliance Elevator Solutions(allianceelevator.net)
Tank
The storage tank is constructed of minimum 12-gauge steel and shall be provided with a removable cover
containing a removable oil dip stick. Welding is done robotically and complies with both AWS and CWB
welding requirements. The pump and submersible motor shall be mounted on a reinforced isolation mount.
The control valve shall be mounted in the discharge line above the oil level and easily accessible from the top
of the tank A muffler shall be provided at the control valve discharge.
Motor—ELMO(elmoitaly.com)
An ELMO type hydraulic. submersible motor will be provided. The motor shall be open-source equipment and
of the alternating current. polyphase squirrel cage induction type and shall be of a design especially adapted
to electro-hydraulic requirements.
Pump—IMO(circor.com/brands/imo)
An IMO pump will be housed within the submersible tank assembly. The pump will be a positive displacement
screw type to give smooth operation and shall be especially designed and manufactured for elevator service.
Maxton Control Valve—Maxton(Maxtonvalve.com)
A Maxton control valve shall be provided as part of the tank assembly designed to match the requirements of
the project specifications. Each Maxton valve is manufactured with a manifold up, down and check valve
sections within the valve itself. A control section including voltage specific solenoid valves will direct the main
valve and control up I down starting,transition from full speed to leveling speed. up and down stops. pressure
relief, and manual lowering. Up and down leveling shall be controlled at the main valve sections. All of these
functions shall be fully adjustable for maximum smoothness and to meet contract conditions. The manual
lowering feature will permit lowering the elevator at slow speed in the event of power failure or for adjusting
purposes.
Standard KONE power unit standard inclusions:
a. Pre-mounted controller on tank unit
b Pre-wired motor to controller(removable to fit through tight spaces)
c. Submersible—LH or RH configurations available
d. Maxton Valve
e Elmo motor
f. IMO pump
g. Low pressure switch
h. Internal shut-off valve
i. Victaulic fittings
j. Muffler assembly
k. Hinged top with soft-close lid
I. Additional shut-off valves(Qty. 2 )
D. Door Equipment—GAL Universal Kit(gal.com)
Door Operator—Car Side Equipment
A new,high performance Wittur SGV linear door operator will be supplied. The operator will be power operated
by means of a direct current; linear belt-drive operator mounted on top of the car. The motor will have positive
control over door movement for smooth operation. A universal bracket will be supplied for easy attachment of
the door operator components to the cab enclosure shell.
A restrictive door clutch will be provided along with a mechanical car door side interlock to prevent opening of
car door panels.A car door electric contact will prevent starting the elevator away from the landing unless the
car door is in the closed position A new stainless steel car door panel will be provided and manufactured for
easy adaptation of newly provided door components to door panel itself.
www.kone us T-0008302643 709
KONE Internal
0oa
New car door hangers and tracks will be provided. The hangers shall have minimum 3-1/4"diameter sheaves
for safe efficient door opening.
Car Door Protective Device—3D
The car door shall be provided with a 3D door protective device extending the full height of the cab entrance
An infrared type of car door protective device having a multi-beam array shall be furnished. This device shall
be so arranged that should it sense a person or obstruction in its path while the doors are closing. it shall
automatically cause the car and hoistway doors to return to the open position. The door shall remain open
until the expiration of a time interval and then close automatically.
E. Car and Hall Signal Fixtures-Innovation
Applied Car Operating Panel
An applied car operating panel shall be manufactured with 11 gauge #4 brushed 304 Stainless Steel face.
Panel will contain a bank of mechanical illuminated buttons marked to correspond to the landings served. an
emergency stop button,door open and door close buttons. The emergency call button shall be connected to a
bell that serves as an emergency signal. Switches for lights and fan shall also be located in the car operating
panel.
Phase II fire instructions are to be engraved or silk screened (applied plates are not acceptable) on the car
operating panel or behind the fire cabinet door.
Elevator number,"No Smoking",and capacity in pounds are to be engraved or silk screened(applied plates are
not acceptable)on the car operating panel.
Car operating panel shall contain all necessary operating components, buttons, and switches as required by
ASME A.17.1 It will include 2019 EVC code requirements.
Handicap Markings
Braille plates shall be furnished for car buttons, car controls. and hoistway entrance jambs in compliance with
NEII and ADA handicap requirements.
Car Braille plates are to be flush mounted and permanently attached(`Stick-on"plates are not acceptable).
Audible Signal(to indicate stopping at a floor)
An audible signal shall sound in the car to tell a passenger that the car is stopping at the floor served by the
elevator.
Hall Buttons
At each terminal landing a single push button shall be provided.
When a call is registered by momentary pressure on a landing button,that button shall become illuminated and
remain illuminated until the call is answered. Buttons shall be open source, if serial link is provided. it shall be
separate from button.
The designated fire return floor shall include a fireman's emergency key switch that meets state and local
requirements.
ADA Telephone
An ADA approved telephone shall be provided and mounted behind the car operating panel. A pattern of holes
for speaker shall be punched into the flush car operating panel faceplate or swing return panel(applied speaker
grilles are not acceptable).
Necessary wires shall be included in the car traveling cable harness.
Connections to the building service system shall be furnished by Owner.
www.kone us T-0008302643 8(19)
KONE Internal
1:0 0 MO
F. Passenger Cab Enclosure—Reused unless outlined as new or modified below.
Plastic Laminate Wall Panels
Fabrication of new plastic laminate wall panels for the rear and side walls. The laminate shall be selected by the customer from
samples provided by Cabworks with standard finish. The panels shall consist of an wood fire rated core The panel quantity and
configuration shall be depicted in Cabworks approval drawings. The panels shall be mounted using Y."gravity locking wall clips
All edge banding shall match the face.
Executive Down-6-Panel Stainless Steel Ceiling-Satin Finish
Fabrication of a new six-panel stainless steel ceiling Each panel shall be equipped with a low voltage LED down light. The down
light system comes equipped with car top dimmers to control light levels and emergency power battery backup(ELS-LED). The
ceiling shall come equipped with a removable panel that is required for emergency access. The access panel shall be engineered
to be as inconspicuous as possible from inside the elevator. The graining of the stainless steel shall be depicted in Cabworks
approval drawings. The finish shall be satin (#4).
Handrails-Flat Bar-Satin Stainless Steel
Fabrication of new stainless steel flat bar handrails. The handrails shall be 2"x 3/8"solid stainless steel handrails with returned
ends. The handrails shall be bolted through the cab shell wall to provide extra stability. The handrail standoffs shall be 1"x 1 Yz'
round and shall be the removable type. The handrails shall be mounted on all three (3)walls at a height that is consistent with
ADA requirements. The finish shall be satin
Base&Frieze—CabArrayT" Stainless Steel-Satin Finish
Fabrication of a new CabArrayT"' 18-gauge stainless steel base and frieze. Vent slots will be incorporated into the design. The
finish shall be satin.
Reveals-CabArrayTM Stainless Steel-Satin Finish
Fabrication of new 18-gauge stainless steel reveals The reveals shall be adhered to the cab shell wall in all corners. The finish
shall be satin.
Flooring-LVT
Fabrication of new LVT flooring.The vinyl floor shall be selected by the customer with an allowance of$500 to cover material and
any necessary underlayment or tools needed for installation. The tile quantity and configuration shall be depicted in Cabworks
approval drawings.
Handrail Panel-Satin Stainless Steel
Fabrication of new 18-gauge formed stainless steel handrail panel. The handrail panel shall be adhered to the cab shell wall in
between the upper and lower panels. The finish shall be satin. *Only included on Stage&Performer models*
Protective Wall Pads-Vinyl-Qty 1
Fabrication and delivery of new vinyl wall pads. Pads shall come with pad strip to mount to studs in the frieze panel. Color shall
be grey or approved equal. Pads shall be engineered to fit existing configuration for the walls with no door opening only. Pads
for the door opening wall are not included.
New Swing Fronts-Satin Stainless Steel
Fabrication and delivery of new stainless steel swing fronts The existing back box shall be retained and reused. The fixture
components to be supplied by elevator contractor. The population of the new swing fronts shall be done by Cabworks. All
necessary engraving is included-The fixture DXF file is required. A new hinge if necessary is included. The finish shall be satin
#4 with the grain running vertically.
www.kone us T-0008302643 e(ls)
KONE Internal
:0 MO
4. Commercial Offer
Handover date Mutually agreeable project schedule will be determined at time of proposal acceptance
Current delivery lead time is 16-18 weeks from when order receipt. deposit and approval
of drawings have all been completed. The agreed delivery times for the project may need
to be extended because of delays caused by measures undertaken to stop the spreading
of the Coronavirus(2019-nCoV)epidemic, such as mandatory holiday extensions and
transportation restrictions imposed by authorities in China and other countries. and the
availability of personnel, logistics providers and supply chains,due to the epidemic.
Warranty/maintenance Our Proposal does not include any warranty maintenance. This elevator is to roll directly
back onto the existing maintenance agreement between KONE and City of Elgin.
Under no circumstances shall indicators or predictions from KONE 24/7 Connected
Services be cause for immediate services. They shall be addressed upon the next
scheduled maintenance visit.or otherwise at the sole discretion of KONE. The remote
monitoring devices are provided to the Customer as part of the Services Customer gives
KONE the right to utilize 24/7 Connected Services to collect,export and use data
generated by the use and operation of the equipment.Customer has no ownership or
proprietary rights to such data, nor the device or software that monitors. analyzes.
translates, reports or compiles such data. KONE 24/7 Connected Services, including any
data collected, the device(s)to perform the service.and any software related thereto shall
be the exclusive property of KONE. KONE MAKES NO WARRANTY THAT SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE. KONE IS NOT LIABLE FOR ANY
DAMAGES RELATING TO LACK OF NETWORK COVERAGE AT THE SITE OF THE
EQUIPMENT, DUE TO TAMPERING WITH THE REMOTE MONITORING DEVICE.
INTEROPERABILITY,SERVICE DEFECTS, SERVICE LEVELS, DELAYS,SERVICE
ERRORS, INTERRUPTIONS OR ANY OTHER REASON OUTSIDE OF KONE'S
REASONABLE CONTROL. KONE DISCLAIMS ANY LIABILITY FOR DAMAGES OR
INJURIES(INCLUDING DEATH)ARISING FROM OR IN CONNECTION WITH THE
OPERATION OR USE OF THE SERVICES SET FORTH HEREIN.
The Product Warranty is specified in Bid Attachment A. Installation by KONE of any parts
covered under the Product Warranty on parts will only occur while KONE maintains an
active maintenance contract.The Product Warranty and Warranty Maintenance
commences on the date of acceptance set forth in the Uniform Final Acceptance Form.
For long-term reliability,a continuing maintenance agreement is necessary.This Proposal
is conditioned upon KONE receiving a ten(10)year KONE Extended Warranty
maintenance contract from ownership prior to the date of acceptance set forth in the
Uniform Final Acceptance Form.
Pricing
Equipment Electrification Price($)
Elevator:Solution 1 • $258.380.00
Total Sales Price, net excluding TAX $258,380.00
Proposal pricing is based on the scope of work as defined herein.Any additional work required will be performed only upon
purchaser's approval of a mutually agreeable change proposal.Any other deficiencies revealed in the progress of the work will
be promptly reported to the purchaser with recommendations and cost for corrective action.
www.kone us T-0008302643 10(19)
KONE Internal
00:0
5. Services included
KONE 24/7 Connected Services
KONE 24/7 Connected Services is a round-the-clock diagnostics service that gathers data on
your equipment's condition.We analyze this data and use it to make intelligent and proactive i ye/decisions on how to solve any potential problems—even before they occur. KONE 24/7
%
Connected Services helps you to optimize the lifetime value of your assets from day one and
gives you peace of mind by keeping you fully informed about the condition of your equipment and AIMS -
any maintenance activities we carry out.
www kone us T-0008302643 1 1(19 i
KONE Internal
II2
000
6. Tender Approval
KONE Owner/Representative
Jenna Radtke Greg Hulke
1080 Parkview Blvd CITY OF ELGIN ILLINOIS
Lombard, IL,60148 150 DEXTER COURT
jenna radtke@kone.com ELGIN, Illinois.60120
Submitted by:
_ i VAi
Ai41—.
c -' -'-- .
Jenna Radtke
Senior Sales Consultant
04/28/2025
We accept the offer constituted by this proposal(total sales price of$258,380.00,excl. use tax)and agree to the conditions
contained therein.
Approved by Customer
Printed name
Title:
Company name,
Date
www kone us T-0008302643 12(19)
KONE Internal
MOMM
Appendix 1 : KONE 24/7 Connected Services
KONE 24/7 Connected Services — improved safety, full transparency, and peace of mind
'i In addition to a quality modernization project,we would be excited to discuss KONE
Iiii)
24/7 Connected Services with you and the continuing benefits KONE could bring to
your business KONE is leading the industry with KONE 24/7 Connected Services
Is..., using the latest intelligent elevator technology allowing us to predict issues and take
1 action before a shutdown occurs. Predictive maintenance allows fewer shutdowns,
.0 ' less call-outs, and improved up-time of equipment-all leading to a better user
experience!
o �.
Read more at
�. l`J kone us/connected
"C 0
n
www.kone.us T-0008302643 r 3(19)
KONE Internal
00:13
Appendix 2: Clarifications
1. Contract terms between KONE Inc.and Purchaser shall be based on our Proposal and Attachments"A"and"B".
2. All new elevator equipment provided shall meet applicable ASME A17.1 code requirements.Any provisions of codes
applicable to out-of-scope items shall be the Purchaser's responsibility. Cost of any future code changes adopted prior to
permitting and completion are excluded.
3. Existing cab and entrance dimensions.which may not meet current ADA or stretcher access rules,will be retained as is.
4 Our proposal includes inspections and testing as required by the AHJ. However,any re-testing required due to other trades'
failures to complete their work or tests in a timely manner will be billed at our regular billing rates
5 The ASME code limits changes to the empty car weight+capacity of each elevator to 5%of the originally installed value If
past or proposed changes result in a change to the weight or system pressure(for hydraulic)greater than 5%above the
original design values.the cost of any engineering and of any required modifications to the elevator system or structure
shall be extra to this proposal scope and pricing. If this situation is discovered during the engineering process, KONE will
notify purchaser and recommend an alternate design or other changes
6. In order to provide best pricing,proposal excludes any extra demobilizations and remobilizations. If we must demobilize
from the jobsite for any reason outside our control,we shall be compensated at our regular billing rates.
7. Proposal pricing is based on the scope of work as defined herein.Any additional work required will be performed only upon
Purchaser's approval of a mutually agreeable change proposal.Any other deficiencies revealed in the progress of the work
will be promptly reported to purchaser with recommendations and cost for corrective action.
8. Asbestos: Notwithstanding anything contained to the contrary within this bid or contract, KONE's work shall not include any
abatement or disturbance of asbestos containing material(ACM)or presumed asbestos containing materials(PACM).Any
work in a regulated area as defined by Section 1910 or 1926 of the Federal OSHA regulations is excluded from KONE's
scope of work without an applicable change order to reflect the additional costs and time. In accordance with OSHA
requirements. the Customer shall inform KONE and its employees who will perform work activities in areas which contain
ACM and/or PACM of the presence and location of ACM and/or PACM in such areas which may be contacted during work
before entering the area. Other than as expressly disclosed in writing,Customer warrants that KONE's work area at all
times meets applicable OSHA permissible exposure limits(PELs). KONE shall have the right to discontinue its work in any
location where suspected ACM or PACM is encountered or disturbed.Any asbestos removal or abatement,or delays
caused by such, required in order for KONE to perform its work shall be the Customer's sole responsibility and expense.
After any removal or abatement,customer shall provide documentation that the asbestos has been abated from the KONE
work area and air clearance reports shall be made available upon request prior to the start of KONE's work.
9. Purchaser shall provide any security.escort or other building service support personnel required during demolition.
installation,testing,and inspections.
10 For hydraulic elevators,we can assume no responsibility for unusual conditions such as hole cave in and complete
hydraulic cylinder assembly embedded in concrete. The excavation of the hole to accommodate the new hydraulic cylinder
assembly is based on encountering soil free of oil, rocks, boulders. building construction members,sand,water, quicksand,
underground caves and/or any other obstructions or unusual conditions. Should such obstructions or unusual conditions be
encountered. additional time above or beyond the working days estimated to complete this project may be required We
will proceed with this portion of the project on a time and material basis. based on our normal billing rates.
11. Proposed solution is subject to a complete engineering review by KONE engineering team to confirm feasibility of products
proposed.Additional charges may apply for work not included,but required to meet system requirements.Additional
charges for this work(if applicable)shall be mutually agreed upon.
www.kone us T-0008302643 14091
KONE Internal
M 0:I3
Appendix 3: Bid Attachment "A" / KONE Inc. General Terms and Conditions
(Modernization)
1.APPLICATION OF THESE TERMS 5.INSTALLATION
The parties agree to be bound by the terms and conditions contained Customer shall be responsible for procurement and cost of all permits,
in the Bid Letter,this Bid Attachment A and Bid Attachment B, except permits related to installation of the Equipment Where KONE's
including the documents incorporated herein by reference(collectively, scope of work or other responsibilities include the obligation to utilize
the"Proposal") materials and/or finishes resembling or identical to those pre-existing
in the building,KONE shall use reasonable efforts to procure such
2.SPECIAL PURCHASING REQUIREMENTS materials and Customer acknowledges and accepts that the materials
This Proposal is made without regard to compliance with any special and/or finishes reasonably available may not be in all respects
sourcing and/or manufactunng requirements including,but not limited identical to those pre existing in the building.This Proposal is
to,Buy America,Buy American,U.S Steel,FAR clauses,minonty/ conditioned upon KONE using its standard installation method The
disadvantaged supplier requirements or similar federal and/or state installation of the Equipment shall start after Customer has completed
procurement laws.Should such requirements be applicable to this all work set forth in Bid Attachment B and any other documents
Project,KONE reserves the right to modify and/or withdraw its describing site requirements("Site Requirements"),all of which are
Proposal. incorporated by reference herein Within two(2)weeks prior to the
scheduled delivery date for KONE's materials,KONE shall conduct a
standard visual site survey to verify that the Site Requirements are
3.PROPOSAL CONDITIONS complete and notify Customer if there are outstanding deficiencies
The Proposal shall be open for acceptance within the period stated in preventing KONE from beginning installation
the Bid Letter or,when no period is stated,for a period of 30 days from
the date of the Bid Letter Prior to commencing manufacture of the KONE's site survey may include,but is not limited to,inspection of site
equipment described in the Bid Letter('Equipment"),KONE must have access,working and safety conditions on site,wear and tear of any
(i)a fully executed contract,(ii)a schedule acceptable to KONE existing structures or surfaces,and planning of any dismantling or
identifying the Equipment installation start date,or alternatively, removal of existing equipment,components and materials,where
KONE's letter specifying the ship date("Ship Date Letter")signed by applicable KONE shall not be deemed to have surveyed any hidden
Customer,which,as applicable,is incorporated by reference herein, structures,latent defects,subsurface conditions,or other non-visible
(iii)the first payment in Section 4 herein;and(iv)fully approved KONE matters,including but not limited to searching for hazardous
layouts substances and/or materials,which shall be subject to Section 16 If
KONE's site survey reveals any deficiencies,KONE shall be entitled to
4.PAYMENT TERMS delay the start of installation and Customer shall be responsible for all
Payment of the total Price is due within 30 days from invoice date,as additional costs incurred by KONE,including without limitation,costs
follows. associated with.labor reallocation,re-directing materials to and
storage in a KONE Distribution Center,additional labor for double
handling of materials,and additional trucking,freight and insurance
• 30%of the Price for engineering,site management,and Once the Site Requirements are completed,the start of installation
overhead,billable and due upon execution of this Proposal or shall be subject to the availability of labor and the delivery of material,
receipt of the subcontract; if applicable
• 50%of the Price for material and shipping,billable and due
upon delivery of material to the jobsite or KONE Distribution KONE's work shall beperformed duringregular union workinghours of
Center; e9
• 20%of the Price for Equipment billable and due at regular working days,Monday to Friday,statutory holidays excluded.If
the billing cycle for
the start installation,installationbillable
overtime is mutually agreed upon and performed,the additional costs
for such work shall be added to the Pnce at KONE's standard overtime
rates.If the installation cannot be performed in an uninterrupted
KONE imposes a surcharge for payments made via credit card that is manner for any reason beyond KONE's control,Customer shall store
not greater than our cost of acceptance.The surcharge that we the Equipment at Customer's cost and compensate KONE for any
impose for this type of transaction is a percentage of the amount paid costs caused by such delay including,but not limited to,double
via credit card,which will be notified to the Customer at the payment handling of Equipment and demobilization.KONE shall not be required
portal.KONE reserves the right to delay,suspend,or stop the work, to perform overtime or any Customer directed change to its work
including manufacturing,delivery,installation and/or Equipment ("Extra Work")without an executed change order.No action by KONE,
turnover,for non-payment,without liability to KONE or being held in including but not limited to,performing Extra Work without an executed
default.Simple interest at 1.5%per month shall be charged on change order,shall be a waiver of KONE's nght to seek payment for
amounts not paid when due Payments to KONE are not contingent on Extra Work performed
any third-party payments to Customer Customer shall reimburse
KONE for all costs of collection,including courts costs and reasonable KONE shall be entitled to an extension of time and an equitable
attorneys'fees adjustment in the Price,including but not limited to,any increased
costs of labor,including overtime,resulting from any change of
Prior to tumover,KONE must be paid in full,less 10%maximum schedule,re-direction of KONE personnel to another work area,
retention,the Price including all change orders Retention shall be due acceleration,or out of sequence work
and payable within 30 days of execution of the Uniform Final
Acceptance or Equipment turnover,whichever occurs first.If certified KONE shall take reasonable methods to protect its work-in-place while
payroll reporting is required,KONE will submit the requested reporting KONE is actively on site and until execution of a KONE Uniform Final
in the format of the U.S Department of Labor form WH 347&WH 348 Acceptance,which is incorporated by reference herein Should
The Price does not include Textura or any other special billing ° damage occur to KONE property,material or work-in-place by fire,
requirements,which can be added via change order at a rate of 0.3% water,theft or vandalism,Customer shall compensate KONE for said
of the Price
damages.
www kone.us T-0008302643 15(19)
KONE Internal
M 0:113
Additionally,the Customer is solely responsible for ensuring that the In the event of such delays KONE shall be entitled to an extension in
equipment maintenance contractor,if not KONE.does not disturb. time equal to the length of such delay affecting KONE and an
delay or interfere with KONE s work KONE shall abide by Customer's equitable adjustment in the Price Customer shall compensate KONE
safety policies and procedures to the extent such policies and for labor and material cost escalations resulting from Project delays not
procedures are not in conflict with KONE's Safety Policy Testing caused by KONE.which extend completion of KONE's work beyond
and/or security features of Equipment must be completed before the end of the current calendar year Customer is on notice that IUEC
Equipment turnover. KONE is not responsible for damages,either to labor rates increase annually
Equipment or the building,or for any personal injury or death,arising
out of or resulting from any code required safety tests performed on 11.LIMITED WARRANTY
Equipment or hoistway access granted by Customer to other trades For one(1)year after the acceptance date set forth in the signed
Uniform Final Acceptance,date of Equipment turnover,or date of
6.TEMPORARY USE Customer's use of Equipment(unless such use is pursuant to the
Temporary use of certain types of Equipment may be permitted. Temporary Use Agreement),whichever occurs first. KONE warrants
provided the use period allows adequate time for Equipment Equipment against defect in workmanship and material The warranty
restoration for final turnover and Customer executes KONE's excludes remedy for damage or defect caused by abuse.misuse,
Temporary Use Agreement Temporary use shall be invoiced vandalism.neglect:repairs,alteration or modifications not executed by
separately and subject to payment terms in Section 4 herein At the KONE:improper or insufficient maintenance,improper operation.
end of temporary use,Customer shall return the Equipment to KONE characteristics of the building such as electrical power or security
in"like new"condition features,natural or other catastrophe such as flood.fire.or storm,or
normal wear and tear and normal usage.The warranty excludes
7.HAZARDOUS MATERIALS training or instruction in the proper operation or maintenance of
KONE s work shall not include any abatement or disturbance of Equipment.Specific noise ratings and energy efficiencies cannot be
asbestos-containing material(ACM).presumed asbestos-containing guaranteed due to different building characteristics and ambient noise
materials(PACM)or other hazardous materials(i e lead,PCBs) levels Customers remedy is limited to repair or replacement of a
(collectively'HazMat').KONE shall have the right to discontinue its defective part in KONE s sole d scretion and excludes labor
work in any location where suspected HazMat is encountered or
disturbed Any HazMat removal or abatement,or delays caused by 12.INDEMNIFICATION
such.required for KONE to perform its work shall be the customer's KONE shall only indemnify and hold Customer harmless for claims.
sole responsibility and expense Prior to the execution of the contract. damages,losses or expenses,but excluding loss of use(-Claims')due
the owner and/or the general contractor are responsible for providing to bodily injury,including death,or tangible property damage(other
written notification to KONE of the existence of HazMat in any location than the Project or KONE's work itself)to the extent caused by
where KONE's work will be performed Should the customer require KONE's negligent acts or omissions KONE shall not indemnify
elevator personnel to position/reposition the elevator equipment to Customer for any other Claims Customer agrees to indemnify and
allow the customer's abatement company to perform abatement work, hold KONE harmless from any Claim for bodily injury,including death,
KONE will present a separate proposal for additional work to the or tangible property damage in connection with the use or operation of
customer the Equipment Each party shall defend itself in the event of a Claim.
8.TITLE AND RISK TO EQUIPMENT 13.INTELLECTUAL PROPERTY
Title to and ownership of all Equipment intended for incorporation in KONE shall retain title and ownership of all intellectual property rights
KONEs work,whether installed or stored on or off site.shall remain relating(directly or indirectly)to the Equipment provided by KONE,
with KONE until final payment is made.Risk of loss in KONE's work including but not limited to software or firmware(whether in the form of
and Equipment passes to Customer upon delivery to the site or off-site source code,object code or other).drawings.technical documentation,
storage or other technical information delivered under the Proposal KONE
grants Customer a non-exclusive and non-transferable license and
Any tools,devices.or other equipment that KONE uses to perform its right to use the software and firmware in connection with the use and
work or monitor the Equipment remains the sole property of KONE If maintenance of the Equipment Customer shall not use any drawings
this Proposal terminates or expires for any reason.Customer will give technical documentation or other technical information supplied by or
KONE access to the premises to remove such tools,devices or on behalf of KONE for any purposes other than those directly related
equipment at KONE's expense to the Proposal or to the use and maintenance of the Equipment
Customer shall not in any form copy,modify or reverse engineer the
software,or give access to the software for such use to any third party
9.TURNOVER without KONE's prior written consent.
Prior to turnover, KONE must receive a final punch list Upon turnover.
KONE requires a signed Uniform Final Acceptance KONE shall
provide its standard electronic O&M manuals with CD-ROMs in
electronic format.if applicable.upon execution of the Uniform Final
Acceptance Standard KONE samples shall be provided upon request
No mock-ups or video training are included in the Price
10.DELAY
KONE shall not be liable for any loss damage.claim,or delay due to
any cause beyond KONE's control,including,but not limited to,acts of
domestic or foreign government(including a change in law) strikes,
lockouts,work interruption or other labor disturbance,delays caused
by others,fire.explosion,theft,floods,inclement weather,riot,civil
commotion,war.malicious mischief.infectious diseases,epidemic,
www.kone us T-0008302643 t 6(19)
KONE Internal
pandemic,quarantine.border or port of entry and exit restrictions or
acts of God
14.INSURANCE 18.TERMINATION
In lieu of any Customer insurance requirements. KONE shall provide If a party materially breathes this Proposal.the other party shall
its standard certificate of insurance,which shall be deemed to satisfy provide written notice of the breach and a reasonable time to cure the
all insurance requirements for this Project.KONE shall not provide loss breach,but in no event less than 30 days. If the breaching party fails to
runs,insurance rate information,copies of its insurance policies or any cure the breach within the specified time period,the non-breaching
other information which KONE considers confidential. KONE shall not party may terminate the Proposal upon 15 days written notice to the
provide coverage for professional(E&O)liability,pollution liability.data other party.If KONE notifies Customer of a material breach pursuant
privacy/security.or no-fault medical payments If the Project is covered to this paragraph KONE may temporarily suspend its work without
by a Wrap Up Insurance Program,KONE agrees to participate liability.
provided there is no cost to KONE.no reduction in the Price,and
subject to KONE's review of the proposed program If KONE's primary 19.GOVERNING LAW AND DISPUTE RESOLUTION
limits are sufficient to satisfy insurance coverage requirements. The parties agree that this Proposal shall be governed by the laws of
excess/umbrella liability will not be required or if excess/umbrella is the state where the Project is located.and venue for disputes shall be
required.KONE's excess coverage does not follow formrm although located in that state KONE does not agree to participate in arbitration
typically provides broader coverage than KONE's primary policies.The proceedings
excess coverage is not AM Best Rated nor licensed to do business
within the jurisdiction although the carrier has strong Standard&
Poor's and Moody's financial ratings that may be evidenced upon 20.PRICE ADJUSTMENT
request If the materials are manufactured more than twelve months after the
Contract date,KONE shall be entitled to an equitable adjustment in the
15.LIMITATION OF LIABILITY Price,including but not limited to.any increased costs between the
In no event shall either party be liable to the other party for any time the Contract is signed and the date of manufacture for materials.
consequential,special,punitive.exemplary.liquidated.incidental,or labor,or shipping Further.KONE shall be entitled to an equitable
indirect damages(including,but not limited to.loss of profits or adjustment in the Price for any increase in costs resulting from any
revenue.loss of goodwill,loss of use,increase in financing costs) change in law or tariffs.
(collectively "Consequential Damages")that arise out of or relate to
this Proposal even if such party has been advised of the possibility of 21.24/7 EMERGENCY VIDEO COMMUNICATIONS
such Consequential Damages.The limitation set forth in this section Applicable only for projects where KONE 24/7 Emergency Video
shall apply whether the claim is based on contract,tort or other theory. Communications is included The KONE 24/7 Emergency Video
Communications contract addendum and General Terms and
16.CONCEALED OR UNKNOWN CONDITIONS Conditions for KONE Digital Services must be signed by the Building
If during the course of its work, KONE encounters conditions at the site Owner This contract addendum requires the Building Owner to pay a
that are subsurface,differ materially from what is represented in the fee for audio,video,and data connectivity This payment obligation,
contract documents,or otherwise concealed physical conditions. among other provisions,survives termination of any maintenance
KONE shall be entitled to an extension of time and additional costs for agreement
the performance of its work,which shall not be subject to any payment
conditions or contingencies 22.MISCELLANEOUS
This Proposal,including the documents incorporated herein by
17.TECHNICAL SURVEY reference.constitutes the entire agreement of the parties and
KONE's Price and obligations under this Proposal are subject to a supersedes all prior negotiations,understandings and representations
technical survey to be performed on Customer's existing units within whether written or oral in relation to the subject matter hereof Where a
90-days of the effective contract start date If a safety hazard or code conflict or ambiguity exists between this Proposal and any other
violation is identified during KONE's technical survey,Customer shall contract document(including but not limited to.Customer's drawings
immediately remove the unit from service until repairs are performed and specifications),the terms and conditions of this Proposal shall
KONE is not obligated to perform tests,correct outstanding violations control.This Proposal may be amended only in writing by the duly
or deficiencies that were not addressed by the prior service provider authorized representative of both parties This Proposal may be
and/or the owner,or make related necessary repairs or component executed in one or more counterparts Each counterpart shall be
replacements on the unit If additional work is necessary, KONE shall considered an original and all of the counterparts shall constitute a
provide a separate proposal or recommendation for such work single agreement binding all the parties as if all had signed a single
Customer agrees to indemnify,defend.and hold KONE harmless for document. For purposes of executing this Proposal.a document
any claims arising out of Customer's failure to comply with KONE's signed by electronic means is to be treated as an original document
recommendations and proposal and any obligation on the part of The failure of either party to insist upon performance or strict
KONE to indemnify or defend Customer with regard to such claim shall performance of any of the terms or conditions of this Proposal shall not
be null and void If Customer does not immediately approve KONE's be
deemed a waiver of any rights or remedies that such party may
proposal or recommendation,KONE reserves the right to terminate have or a waiver of any subsequent breath or default under this
this Proposal/contract without penalty Proposal Neither party may assign or transfer the benefit or burden of
this Proposal without prior written consent of the other party
www kone.us T-0008302643 17(19)
KONE Internal
0:M
Appendix 4: Bid Attachment "B" / Site Requirements & Work by Other
Trades
The work described below is a summary of work to be performed 2.MACHINE ROOM
by others("Work by Other Trades")that may be required in
conjunction with the elevator modernization performed by KONE • A code compliant machine room Provide or maintain fire
(the"Work"). Purchaser shall provide any and all building rating as required by building code.
electrical.structural and mechanical system upgrades required for
code compliance,life safety.and proper equipment installation • Fire-rated door for access into the machine room. Door
and operation.The Authorities Having Jurisdiction(AHJ)may shall be self-dosing and self-locking.operable from inside
require additional remedial or preparatory work.All required the room without the use of a key.
remedial or preparatory work shall be performed by properly • Independent ventilation or an air conditioning system for
licensed trade contractors in compliance with applicable codes the elevator machine room,to assure temperature is
and based on a schedule of performance that allows for maintained between 65 degrees and 95 degrees
uninterrupted progress of the Work. Under no circumstances shall Fahrenheit.
KONE be responsible for any cost associated with the • Fire extinguisher inside machine room.
performance of remedial work by others.Purchaser shall provide • Minimum clear machine room height of 7'-0".
the following unless specifically included in KONE's Work: • Suitable lighting that provides a minimum of 19 ftc at floor
• Removal of any non-elevator related equipment and
1.ELECTRICAL materials from within the machine room and proper
disposal of oil and other hazardous or non-hazardous
• A properly rated three phase fused disconnect switch,
substances and materials
externally operable and lockable in the open position.
located as required by code.Accommodate any increases 3.HOISTWAY
in motor size or feeder loads.
• A dedicated 110 VAC fused disconnect switch,externally • A code-compliant hoistway.constructed in accordance
operable and lockable in the open position adjacent to the with KONE's requirements and specifications. Provide or
machine room door for cab lighting and ventilation.located maintain fire rating as required by building code.
as required by code. • Patching of all holes in hoistway walls with fire rated
• Shunt-trip disconnect if fire sprinklers are present in material.
machine room or hoistway. • Beveling all ledges within hoistway measuring over 4".
• GFI 120 VAC convenience outlets in machine room and • Removal of any non-elevator related equipment and
pit. materials from within the hoistway and proper disposal of
• Separate outlet in the pit area if a sump pump is installed oil and other hazardous or non-hazardous substances and
• Telephone line service brought to the elevator machine materials.
room for emergency communication device. • A guarded light fixture and light switch in pit. Switch must
• Any required RF shielding of TV or radio transmitters. be located 42"above the lowest landing floor level.
antennae and/or wave-guides. • A means of displacing water located in the pit and
• Conduit with pull boxes from each elevator bank to any containing and disposing of oil,chemicals,and other
remote fire control or communication panels specified. substances in compliance with environmental laws and
• Provide a separate 15-amp, 115 VAC fused service with regulations(KONE assumes no responsibility for
ground(powered by building emergency power system, discharge of oil,chemicals,and other substances into
when available)for KONE 24/7 Emergency storm water systems,sanitary sewer systems,retention
Communications,when specified.Must include the means ponds,etc.). Elevator hoistway ventilation to the outside
to disconnect each service and lock-off in the"open" atmosphere as required by building code.
position(NFPA 70 article 620.22 and 620.53 or CEC
article 38.22 and 38.53). 4. FIRE SERVICE
If required by building code:standby/emergency power.sufficiently • Fire alarm smoke detectors with wiring and relays in the
sized to provide power of permanent characteristics to each machine room terminating at elevator controller.
elevators disconnect,simultaneously.upon loss of regular power. • Fire alarm initiatingdevices must be located in front of
including feeders,transfer switches and auxiliary contact signal
outputs to elevator controllers. each elevator entrance as well as in the machine room
and at the top of the hoistway.
• Where sprinklers exist in the machine room and/or
hoistway,a fire alarm initiating device within 12"of each
sprinkler head.
www kone us T-0008302643 1809)
KONE Internal
120 MO
5.ACCESS INTEGRATION/SECURITY 8.GENERAL
• Our proposal includes KONE logic and provisions for the • Access to the building to perform the Work and for
specified Touchscreen(s). Keypad Destination Operating deliveries with dry.protected storage adjacent to the
Panel(s).Monitoring System(s)and Multi-Media hoistway.
Equipment. • Cutting of existing walls.floors and finishes,together with
• Card Readers and/or any additional required hardware& all repairs made necessary by such cutting or changes.
software for proper functionality of access control/security e.g.cutting of lobby walls for flush hall fixtures and
system(s)shall be furnished and installed by others removal of encroaching lobby features such as wall-
• Any required software to ensure proper communication mounted ashtrays.Removal,replacement,and/or repair of
between KONE control system(s)and building system(s) any mirrors,millwork,plaster,stone or other special hall
shall be the responsibility of others finishes.
• A designated 115V 15A circuit is required at each of the • All work of other trades must be complete and ready at
remote monitoring stations time of first elevator inspection,or elevator will not be
• KONE recommends a minimum 100 Mbit/s Ethernet for released for operation by the AHJ. If the AHJ does allow
each of the following application(s): Integrated temporary operation under a Temporary Operating
Touchscreen/Keypad Destination Operating Panels, Inspection(TOI).any associated costs shall be
Monitoring System.Multi-Media Equipment.and Card Purchaser's responsibility.
Readers. • Our tender is based on suitable site conditions,material
and tooling storage space.and bathroom access being
6.COUNTERWEIGHTING available on site.
• Safe working environment must be provided and
supported by provision for adequate entrance protection,
• Pricing is based upon the existing car to counterweight means of hoisting,hoistway dividing screens,and
weight ratio being consistent with elevator industry protection of floors walls and doors etc
standards.This is defined as the counterweight weight • Emergency evacuation procedures to be clearly defined
being equal to the empty car weight plus 40%.The actual where required. Subject to site survey and actions agreed
assemblies will be weighed during the modernization • Any portion of the Work that is subject to the permissions
process. If modifications are required to correct the of local authorities beyond the elevator permits must be
existing weight balance.these modifications will be identified to KONE.Responsibility for permits to be
provided at additional cost. agreed. Permits and appropriate signage indicating any
changes to pedestrian access routes for building users
7. RK1 FUSES AND CIRCUIT BREAKERS must be in place prior to start of the Work.
• Elevator installation methods requires the integrity of the
existing Safety Gear and Overspeed protection devices.
• Fuses are to be current limiting class RK1 or equivalent.
Circuit breakers are to have current limiting characteristics tand are commencement ofet to woverk.
Anynytien oof iasul work prior
equivalent to RK1 fuses. Provisions of these fuses are the requiredo ivthes worn. includede)work
responsibility of others,not KONE. td or alternative solution is not in this
tender.
• If KONE 24/7 Emergency Video Communications: For
units with travel greater or equal to 60 ft(18 m),or if
located in a seismic zone and the code year is 2016 or
later(regardless the travel):Customer will provide a
dedicated Windows-based PC or laptop with Chrome
browser and 24-hour/day Internet access.This computer
must be accessible by emergency personnel to
communicate through voice and text with people in the
elevator and to have a video display of the cab interior.
www kone us T-0008302643 19(1g)
ATTACHMENT B: OMNIA JOINT PURCHASING CONTRACT
FACILITY REPAIR AND MAINTENANCE CONTRACT
EV2516 ELEVATOR AND ESCALATOR
MAINTENANCE AND REPAIR SERVICES
GENERAL SERVICES DEPARTMENT
THIS CONTRACT is between.KANSAS CITY,MISSOURI,a constitutionally chartered municipal
corporation("City"),and KONE, INC. ("Contractor"). City and Contractor agree as follows:
PART I
SPECIAL TERMS AND CONDITIONS
Sec. 1.Work To Be Performed.The Specification/Scope of Work and any addenda are attached
hereto and incorporated into this Contract.
Sec.2.Term of Contract and Additional Periods
A. Initial Term. The initial term of this Contract shall begin on December 1, 2018 and shall
end on November 30, 2024 for a six(6)year term. The Manager of Procurement Services
is authorized to enter into an amendment of this Contract with CONTRACTOR to extend
the term of this Contract and time of performance for this Contract,
B. Renewal Terms. At any time prior to the expiration of the initial term or any subsequent
term,the CITY,in its sole discretion,may renew this Contract for up to five(5)additional
one(1) year terms.
C. Transition Term. Notwithstanding the expiration of the initial term or any subsequent
term or all options to renew, CONTRACTOR and CITY shall continue performance
under this Contract until the CITY has a new contract in place with either
CONTRACTOR or another provider or until the CITY terminates the Contract.
D. The products and services which are subject to this Contract may be covered by a separate
maintenance agreement (see Exhibit 4). The term of the maintenance agreement shall be
governed by that document and may extend beyond the expiration date of this Contract.
Sec.3.Purchase Orders
A. City shall order all services to be provided by Contractor under this Contract by means of a
Purchase Order issued by the City's Manager of Procurement Services for which funds
have been certified and encumbered by the City's Director of Finance.
Facility Repair&Maintenance Contract Part 1102014 Contract Central
Page 1of10
B. Contractor shall not provide any services in excess of the dollar amount contained in any
Purchase Order and Contractor shall not be entitled to any payment in excess of the dollar
amount of the Purchase Orders from City.
Sec.4.Compensation.
A. The maximum amount that City shall pay Contractor under this Contract is set forth in
the Contract — Contractor's proposal shall provide all work at the prices contained in
Contractor's Proposal that is incorporated herein by reference.
B. Contractor will bill the City,in a foil'acceptable to the City, on the following basis:
C. It shall be a condition precedent to payment of any invoice from Contractor that
Contractor is in compliance with, and not in breach or default of, all terms, covenants
and conditions of this Contract. If damages are sustained by City as a result of breach or
default by Contractor,City may withhold payment(s)to Contractor for the purpose of set
off until such time as the exact amount of damages due City frvui Contractor may be
determined.
D. It shall be a condition precedent to payment of any invoice from Contractor that
Contractor is in compliance with, and not in breach or default of; all terms, covenants
and conditions of this Contract. If damages are sustained by City as a result of breach or
default by Contractor, City may withhold payment(s)to Contractor for the purpose of set
off until such time as the exact amount of damages due City from Contractor may be
determined.
E. No request for payment will be processed unless the request is in proper form, correctly
computed, and is approved as payable under the terms of this Contract.
Sec.5.Notices.All notices required by this agreement shall be in writing sent to the following:
City:
General Services Department
Procurement Services Division
Cedric Rowan,Manager of Procurement Services
City Hall, 1'Floor,Room 102W
414 E. 12th Street
Kansas City,MO 64106
Phone:(816)-513-0814 Facsimile: (816)-513-1066
E-mail address: cedric.rowan(a,kcmo.orr
Contractor: Kone, Inc.
Contact: Ashley Brauer, Senior Sales Consultant
Address: 2700 BiState Drive, Suite 100
Kansas City,MO 64108
Phone: (816)-531-2140(Ext. 10514) Facsimile: (816)-531- 5523
E-mail address: ashley.brauer@a,kone.com
All notices are effective a) when delivered in person, b) upon confirmation of receipt when
transmitted by facsimile transmission or by electronic mail, c) upon receipt after dispatch by
registered or certified mail,postage prepaid, d)on the next business day if transmitted by overnight
Facility Repair&Maintenance Contract Part I 102014 Contract Central
Page 2 of 10
courier(with confirmation of delivery),or e)three business days after the date of mailing,whichever
is earlier.
Sec. 6. Merger. This Contract consists of Part I, Special Terms and Conditions and any
Attachments and any documents incorporated by reference; and Part II, Standard Terms and
Conditions. This Contract,including any Attachments and incorporated documents, constitutes the
entire agreement between City and Contractor with respect to this subject matter.
Sec. 7. Conflict Between Contract Parts. In the event of any conflict or ambiguity between the
Special Contract Terms and Conditions of Part I and the Standard Terms and Conditions of Part II
of this Contract, Part I will be controlling.For any participating public agency,Exhibit 4 will be the
controlling document and prevail over Part I and Part II of this Contract
Sec. 8. Minority and Women's Business Enterprises. See Exhibit 1: City of Kansas City Special
Requirements
Sec. 9. Workforce. If Contractor is required to pay prevailing wages for the work performed
pursuant to this Contract, Contractor agrees to comply with all requirements of City's Construction
Employment Program as enacted in City's Code, Sections 3-501 through 3-525 and as hereinafter
amended. Contractor shall meet or exceed the construction employment goals unless the same shall
have been waived in the manner provided by law. Contractor's compliance with this provision is a
material part of this Contract.
Contractor shall comply with City's Workforce Program Reporting System requirements.
Contractor shall use City's Internet web based Workforce Program Reporting System provided by
City and protocols included in that software during the term of this Contract. Contractor shall
maintain user applications to City's provided system for all applicable personnel and shall require
subcontractors to maintain applications.
Sec. 10.Bonds and Surety. See Exhibit 1: City of Kansas City Special Requirements
Sec. 11. Subcontracting.
A. Contractor shall not employ or retain any Subcontractor, Supplier or other person or
organization, whether initially or as a substitute, against whom City has a reasonable
objection, including but not limited to debarment by City or another governmental entity
or decertification of the Subcontractor from the City's Minority and Women's Business
Enterprise Program as a result of the Subcontractor's failure to comply with any of the
requirements of the provisions of Chapter 3 of the City's Code as determined by the
Director of the Human Relations Department. Contractor shall insert this provision in
any subcontractor agreement associated with this Contract. Contractor shall not be
required to employ any Subcontractor, Supplier or other person or organization to
furnish or perform any of the Work against whom Contractor has reasonable objection.
B. Contractor shall submit required information for all Subcontractors on Form 01290.09-
Subcontractors and Major Material Suppliers List, provided in these Contract
Documents,prior to Subcontractor beginning Work at the Site.
C. Contractor shall be fully responsible to City for all acts and omissions of the
Subcontractors, Suppliers and other persons and organizations performing or furnishing
any of the Work under a direct or indirect contract with Contractor just as Contractor is
responsible for Contractor's own acts and omissions.
Facility Repair&Maintenance Contract Part I 102014 Contract Central
Page 3 of 10
D. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and organizations performing or furnishing
any of the Work under a direct or indirect contract with Contractor.
Sec. 12. Prevailing Wage.
A. Prevailing Wage.
1. Contractor shall comply and require its Subcontractors to comply with;
a. Sections 290.210 to 290.340, RSMo the State of Missouri Prevailing Wage Law
(the"Law"); and
b. 8 CSR 30-3.010 to 8 CSR 30-3.060, the Prevailing Wage Law Rules (the
"Rules");and
c. the Annual Wage Order (Wage Order) issued by the State of Missouri's
Department of Labor and Industrial Relations;and
d. any applicable Annual Incremental Wage Increase (Wage Increase) to the
Annual Wage Order.
2. The Law, Rules, Wage Order and any Wage Increase are incorporated into and made
part hereof this Contract and shall be collectively referred to in this Section as the
"Prevailing Wage Requirements." In the event this Contract is renewed for an
additional term, the Wage Order in effect as of the commencement date of the
additional term, as amended by any applicable Wage Increase, shall be deemed
incorporated herein and shall apply to and remain in effect for the duration of the
additional term. The new Wage Order and any applicable Wage Increase shall
govern notwithstanding the fact that the Wage Order being replaced might be
physically attached to this Contract.
3. Contractor shall pay and require its Subcontractors to pay to all workers performing
work under this Contract not less than the prevailing hourly rate of wages for the
class or type of work performed by the worker in accordance with the Law, Rules,
Wage Order and any applicable Wage Increase. Contractor shall take whatever steps
are necessary to insure that the prevailing hourly wage rates are paid and that all
workers for Contractor and each of its Subcontractors are paid for the class or type of
work performed by the worker in accordance with the Prevailing Wage
Requirements.
4. Prior to each of its Subcontractors begipning Work on the Site, Contractor shall
require each Subcontractor to complete City's Form 00490 entitled "Pre-contract
Certification"that sets forth the Subcontractor's prevailing wage and tax compliance
history for the two (2)years prior to the bid. Contractor shall retain one(1) year and
make the Pre-contract Certifications available to City within five (5) days after
written request.
5. Contractor shall keep and require each of its Subcontractors engaged in the
construction of public works in performance of the Contract to keep full and accurate
records on City's:
a. Keep and require each of its Subcontractors engaged in the construction of public
works in performance of the Contract to keep full and accurate records on City's
Facility Repair&Maintenance Contract Part I 102014 Contract Central
Page 4 of 10
"Daily Labor Force Report" Form indicating the worker's name, occupational
title or classification group and skill and the workers' hours. City shall furnish
blank copies of the Daily Labor Force Report Form to Contractor for its use and
for distribution to Subcontractors. Contractor Shall submit its and its
Subcontractors Daily Labor Force Reports to City each day,and
b. Submit, and require each of its Subcontractors engaged in the construction of
public works in performance of the Contract to submit,electronically, in a format
prescribed by the City, Certified Payroll Report Information indicating the
worker's name, address, social security number, occupation(s), craft(s) of every
worker employed in connection with the public work together with the number of
hours worked by each worker and the actual wages paid in connection with the
Project and other pertinent information as requested by the City;and
c. Submit, and require each of its Subcontractors engaged in the construction of
public works in performance of the Contract to submit, electronically, in format
prescribed by the City, a Payroll Certification. The Payroll Certification must be
signed by the employee or agent who pays or supervises the payment of the
workers employed under the Contract for the Contractor and each Subcontractor.
d. The Daily Labor Force Report, documents used to compile information for the
Certified Payroll Report, and Payroll Certification are collectively referred to in
this Section as the"Records."
6. Contractor shall make all of Contractor's and Subcontractors' Records open to
inspection by any authorized representatives of City and the Missouri Department of
Labor and Industrial Relations at any reasonable time and as often as they may be
necessary and such Records shall not be destroyed or removed from the State of
Missouri for a period of one(1) year following the completion of the public work in
connection with which the Records are made. Contractor shall have its and its
Subcontractors Certified Payroll Reports and Payroll Certifications available at the
Contractor's office and shall provide the Records to the City electronically at City's
sole discretion. In addition, all Records shall be considered a public record and
Contractor shall provide the Records to the City in the format required by the City
within three (3) working days of any request by City at the Contractor's cost. City,
in its sole discretion, may require Contractor to send any of the Records directly to
the person who requested the Record at Contractor's expense.
7. Contractor shall post and keep posted a clearly legible statement of all prevailing
hourly wage rates to be paid to all workers employed by Contractor and each of its
Subcontractors in the performance of this Contract in a prominent and easily
accessible place at the Site of the Work by all workers.
8. If the Contract Price exceeds $250,000.00, Contractor shall and shall require each
Subcontractor engaged in any construction of public works to have its name,
acceptable abbreviation or recognizable logo and the name of the city and state of the
mailing address of the principal office of the company, on each motor vehicle and
motorized self-propelled piece of equipment which is used in connection with the
Project during the time the Contractor or Subcontractor is engaged on the project.
The sign shall be legible from a distance of twenty (20') feet, but the size of the
lettering need not be larger than two (2") inches. In cases where equipment is leased
Facility Repair&Maintenance Contract Part I 102014 Contract Central
Page 5 of 10
or where affixing a legible sign to the equipment is impractical, the Contractor may
place a temporary stationary sign, with the information required pursuant to this
section, at the main entrance of the Project in place of affixing the required
information on the equipment so long as such sign is not in violation of any state or
federal statute, rule or regulation. Motor vehicles which are required to have similar
information affixed thereto pursuant to requirements of a regulatory agency of the
state or federal government are exempt from the provisions of this subsection.
9. Contractor must correct any errors in Contractor's or any Subcontractors' Records,
or Contractor's or any Subcontractors' violations of the Law, Rules, Annual Wage
Order and any Wage Increase within fourteen (14) calendar days after notice from
City.
10. Contractor shall and shall require its Subcontractors to cooperate with the City and
the Department of Labor and Industrial Relations in the enforcement of this Section,
the Law, Rules, Annual Wage Order and any Wage Increase. Contractor shall and
shall require its Subcontractors to permit City and the Department of Labor and
Industrial Relations to interview any and all workers during working hours on the
Project at Contractor's sole cost and expense.
11. Contractor shall file with City, upon completion of the Project and prior to final
payment therefore, affidavits from Contractor and each of its Subcontractors, stating
that each has fully complied with the provisions and requirements of the Missouri
Prevailing Wage Law. City shall not make final payment until the affidavits, in
proper form and order, from Contractor and each of its Subcontractors, are filed by
Contractor.
12. Contractor shall forfeit as a statutory penalty to the City one hundred dollars
(S 100.00) for each worker employed, for each calendar day, or portion thereof, such
worker is paid less than the prevailing hourly rates for any work done under this
Contract, by Contractor or by any of Contractor's Subcontractors. If Contractor or
any of its Subcontractors have violated any section(s) of 290.210 to 290.340, RSMo,
in the course of the execution of the Contract, City shall when making payments to
the Contractor becoming due under this Contract, withhold and retain therefrom all
sums and amounts due and owing as a result of any violation of sections 290.210 to
290.340,RSMo.
B. Prevailing Wage Damages. Contractor acknowledges and agrees that, based on the
experience of City, violations of the Missouri Prevailing Wage Act, whether by
Contractor or its Subcontractors, commonly result in additional costs to City. Contractor
agrees that additional costs to City for any particular violation are difficult to establish
and include but are not limited to: costs of construction delays, additional work for City,
additional interest expenses, investigations, and the cost of establishing and maintaining
a special division working under the City Manager to monitor prevailing wage
compliance.
1. In the event of the failure by Contractor or any of its Subcontractors to pay wages as
provided in the Missouri Prevailing Wage Act, City shall be entitled to deduct from
the Contract Price, and shall retain as liquidated damages, one hundred dollars
(S100.00) per day, per worker who is paid less than the prevailing hourly rate of
wages, to approximate the additional costs. The stun shall be deducted,paid or owed
Facility Repair&Maintenance Contract Part i 102014 Contract Central
Page 6 of 10
whether or not the Contract Times have expired.
2. City shall give written notice to Contractor setting forth the workers who have been
underpaid, the amount of the statutory penalty and the amount of the liquidated
damages as provided for in this Subparagraph. Contractor shall have fourteen (14)
calendar days to respond, which time may be extended by City upon written request.
If Contractor fails to respond within the specified time, the City's original notice
shall be deemed final. If Contractor responds to City's notice, City will furnish
Contractor a final decision in writing within five (5) days of completing any
investigation.
C. Excessive Unemployment
1. Resident Laborers"means laborers who have been residents of the State of Missouri
for at least thirty days and who intend to remain Missouri residents, and residents of
Nonrestrictive States.
2. "Nonrestrictive States" means states identified by the Missouri Department of Labor
and Industrial Relations Division of Labor Standards that have not enacted state laws
restricting Missouri laborers from working on public works projects. A list of
Nonrestrictive States can be found on the Division web site
at It r://www.dolir.mo.gov/ls/index.htm.
3. A period of Excessive Unemployment is declared when the Missouri Department of
Labor and Industrial Relations Division of Labor Standards provides notice of such
declaration. When in effect, notice will be provided on the Division web site
at http://www.dolir.mo.gov/ls/index.htm. It is Contractor's obligation to determine
whether a period of Excessive Unemployment is in effect when this Contract is let.
4. Contractor agrees to follow the provisions of Section 290.560 - 290.575 RSMo and
agrees that if a period of Excessive Unemployment has been declared at any point
during the term of this Contract, it will employ and require all Subcontractors of
whatever tier to employ only Resident Laborers for the Work to be performed under
this Contract. Provided, however, Contractor may use laborers who are not Resident
Laborers when Resident Laborers are not available or are incapable of performing
the particular type of work involved if Contractor so certifies in writing to City and
City issues a written approval. This provision does not apply to regularly employed
nonresident executive, supervisory or technical employees.
Sec. 13. Attachments to Part I. The following documents are Attachments to Part I of this
Contract and are attached hereto and incorporated herein by this reference:
Attachment A—RFP EV2516
Attachment B—Proposer Response dated June 8,2018
Attachment C - Clarification Questions and Answers
Attachment D - Scope of Services revised per Clarification Questions
Attachment E- Facility Repair and Maintenance Contract Part H
i. Exhibit 1: City of Kansas City Special Requirements
ii. Exhibit 2: City of Kansas City Pricing Schedule
iii. Exhibit 3:National Pricing Schedule
iv. Exhibit 4:Participating Public Agency Service Level Agreement
Attachment F--00620 Insurance Certificate
Facility Repair&Maintenance Contract Part I 102014 Contract Central
Page 7 of 10
THE BELOW FORMS ARE SPECIFIC TO THE CITY OF KANSAS CITY,MO
Attachment G—HRD Forms &Instructions
00440 HRD 5: Construction Contract HRD Instructions
00450 HRD 8: Contractor Utilization Plan/Request for Waiver
00450.01 Letter of Intent to Subcontract
00460 HRD 10: Timetable for MBE/WBE Utilization
00470 HRD 11: Request for Modification or Substitution
00485 HRD Monthly Reporting Forms
Attachment H-Bonds
00610 Performance and Maintenance Bond
00615 Payment Bond
Attachment I—00830 Wage Rate Requirements
Annual Wage Order#25
County—Cass, Clay,Jackson,Platte or Ray
Work Type: State—Heavy
State—Building
Division of Labor Standards Rules&Regulations
01290.08 Wage Rate Verification Questionnaire
01290.09 Subcontractors and Major Material Suppliers List
01290.11 Daily Labor Force Report
01290.14 Contractor Affidavit for Final Payment
01290.15 Subcontractor Affidavit for Final Payment
Attachment J—00560 Missouri Project Exemption Certificate
00560.01 Kansas City Missouri Tax Exempt Certificate
Attachment K—00630 Revenue Clearance Release Authorization
Attachment L—00515.01 Employee Ellgibillty Verification Affidavit
Sec. 14. Missouri Sales Tax Exemption. Pursuant to Section 144.062, RSMo, City is a
Missouri exempt entity and tangible personal property to be incorporated or consumed in the
construction of this Project may be purchased m ithout sales tax. City shall furnish Contractor a
Missouri Project Exemption Certificate for Sales Tax at the time of issuance of the Notice to
Proceed.
Sec. 15. Emergencies.
(a) Disaster means any large scale event such as an act of terrorism, fire, wind, flood,
earthquake or other natural or man-made calamity which results in, or has the potential
to result in a significant loss of life or property.
(b) During and after a disaster,CONTRACTOR shall provide special services to the CITY
including CONTRACTOR shall open CONTRACTOR's facilities even on nights and
weekends as necessary to meet the needs of the City during a disaster.
(c) CONTRACTOR shall not charge CITY any fee for opening facilities during an
emergency or for extending CON'11(ACTOR's hours of operation during a disaster.
CITY shall pay CONTRACTOR the agreed upon contract prices for all purchases
Facility Repair&Maintenance Contract Part I 102014 Contract Central
Page 8 of 10
•
made by CITY during the disaster and CONTRACTOR shall not charge CITY any
additional mark-up, fee or cost for any purchases made by CITY during a disaster.
(d) CONTRACTOR shall quickly mobilize CONTRACTOR's internal and external
resources to assist CITY when a disaster unfolds.
(e) Extended hours and personnel. During disasters, CONTRACTOR's facilities shall stay
open 24 hours if requested by the CITY. CONTRACTOR shall utilize additional
CONTRACTOR personnel to take CITY orders if necessary. CONTRACTOR's Call
Center shall accept phone orders 24 hours a day.
(f) CONTRACTOR shall have contingency plans with CONTRACTOR's suppliers to
provide additional supplies and equipment quickly to CITY as needed.
(g) CONTRACTOR shall cooperate with CITY to properly document any and all expenses
incurred by CITY with CONTRACTOR and CONTRACTOR shall assist CITY in
meeting any and all documentation requirements of the Federal Emergency
Management Agency(FEMA).
Facility Repair&Maintenance Contract Part I 102014 Contract Central
Page 9 of 10
♦1
THIS CONTRACT CONTAINS INDEMNIFICATION PROVISIONS
CONTRACTOR
I hereby certify that I have authority to execute
this document on behalf Contractor
Date: By:
Nof lQI- D-0,
Title:KA �or ►�-
Date: C�' SSOURI
lid 41 /2 /8 By L/
Title: Manager of Procurement Services
Approved as foc/mg.:/
Assiistt-Ct ttorney
Facility Repair&Maintenance Contract Part 1 102014 Contract Central
Page 10of10
DocuSign Envelope ID: 57032158-65AA-4330-9729-BA5904.5A8033 KONE Internal
FACILITY REPAIR CONTRACT
AMENDMENT NO. 1
PROJECT/CONTRACT NO. EV2516 Elevator and Escalator Maintenance and Repair Services
General Services Department
This amendment is between KANSAS CITY,MISSOURI,a constitutionally chartered municipal
corporation(City), and Kone,Inc. (Contractor). The parties amend the Contract entered into on
December 1, 2018,as follows:
Sec. 1. Sections Amended. The Contract is amended as follows:
1. Updating Exhibit 3-National Pricing Rates from 2024-2029.
Sec 2. Term of Contract and Additional Periods
A. Initial Term. The initial term of this Contract shall begin on December 1, 2018, and shall
end on November 30, 2029 for a eleven (11) year term. The Manager of Procurement
Services is authorized to enter into an amendment of this contract with the CONTRACTOR
to extend the term of this contract and time of performance for this contract.
B. Transition Term. Notwithstanding the expiration of the initial term or any subsequent term
or all options to renew, CONTRACTOR and CITY shall continue performance under this
Contract until the CITY has a new contract in place with either CONTRACTOR or another
provider or until the CITY terminates the Contract.
C. The products and services which are subject to this Contract may be covered by a separate
maintenance agreement (see Exhibit 4). The term of the maintenance agreement shall be
governed by that document and may extend beyond the expiration date of this Contract
D. City funding for this contract is annually appropriated per each department's budget on
May 1st of each year. CITY shall not have any financial obligations to Contractor under
this amendment until the CITY issues a Purchase Order to Contractor. Contractor shall not
provide any services in excess of the dollar amount contained in any Purchase Order and
Contractor shall not be entitled to any payment in excess of the dollar amount of the
Purchase Orders from CITY.
Sec.2. Sections not Amended. All other sections of the Contract shall remain in full force and effect.
Facility Repair Contract Amendment 102413 1 of 2 Contract Central
DocuSlgn Envelope ID:57032158-65AA-4330-9729-BA59045A8D33 KONE Internal
Sec.3. Authorization. If the amount of the original Contract plus the amount of any amendments to
the original Contract total over$1,200,000.00, then this amendment requires City Council or Park
Board authorization. Notwithstanding the foregoing,City Council or Park Board authorization is not
required if(1)the total amount of the original Contract plus the amount of any amendments to the
original Contract are within ten percent(10%)of the maximum amount authorized by the City Council
or the Park Board or(2) a previous ordinance or resolution authorized amendments without further
City Council or Park Board approval.
Sec.4. Effectiveness; Date. This amendment will become effective when all the parties have signed
it. The date this amendment is signed by the last party to sign it will be deemed the date of this
amendment.
Each party is signing this amendment on the date stated opposite that parry's signature.
CONTRACTOR
I hereby certify that I have authority to execute this
document on behalf of Contractor
Date:
By: M u:ha Lyfrtclti
Title: Key Account Manager
KANSAS CITY,MISSOURI
6/25/2024
Date: , Docusgn.d by:
By: OtteniL
`—DE8QOIa7346841a
Title: chief Procurement officer-Manager of Procuremel
Ds
C(/ 6/25/2024
Approved as to form:
Doc*Ipnmd by:
Stith, joLu solti 7/2/2024
740811E00377401_
Assistant City Attorney
Facility Repair Contract Amendment 102413 2 of 2 Contract Central