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PLUS (COMPLETE MAINTENANCE) AGREEMENT
FOR
VERTICAL TRANSPORTATION
PURCHASER(Equipment Owner):
Weld County
915 10th st
Room 334
Greeley, Colorado 80631
• SERVICE LOCATION: •
Weld County
Various Locations
Greeley, Colorado 80632
EQUIPMENT DESCRIPTION
Make Model Freight Passenger Escalator Walk Other
Traction Hydraulic Traction Hydraulic
Various Microprocessor 21
This Agreement,dated 12/0912010,between ensure dispatching and motion control systems are
Weld County (Purchaser)and KONE Inc.Is for operating properly.
Complete Maintenance for the vertical transportation equipment located at Weld POWER UNIT
Coun . Pump,motor,valves and all related parts and
accessories.
KONE and Purchaser,in consideration of the
terms set forth herein,agree as follows: HYDRAULIC SYSTEM ACCESSORIES
Exposed piping,fittings and accessories between
PRICE the pumping unit and the jack,jack packing,
hydraulic fluid,and any heating or cooling
$1,869.00(ONE THOUSAND EIGHT HUNDRED elements installed by the original elevator
SIXTY-NINE AND 00/100 DOLLARS)per month equipment manufacturer for controlling fluid
payable by Purchaser monthly in advance. temperature.
PERFORMANCE CAR EQUIPMENT
All elevator control system components on the car.
KONE will systematically examine,maintain,adjust
and lubricate the equipment described above. In WIRING
addition,unless specifically excluded elsewhere, All elevator control wiring and all power wiring from
KONE will repair or replace the following if the the elevator equipment input terminals to the
repair or replacement is,in KONE's judgment, motor.
necessitated by normal wear and tear:
HOISTWAY AND PIT EQUIPMENT
• HYDRAULIC ELEVATORS All elevator control equipment and buffers.
MICROPROCESSOR CONTROL SYSTEM RAILS AND GUIDES
All control system components. System Guide rails,guide shoe gibs.and rollers.
performance examinations will be conducted to
Weld County
. Rev.51/15/09
This document is a confidential agreement between KONE Inc.and Purchaser,and shall not be shared with any third party.
®2009 KONE Inc. *k "BID oo l,1
Page 1 of 8
C eY rd,; c-2- lLc—:)-C(I 0?3 // v7D10 - J8
•
DOOR EQUIPMENT position indicators,lobby control panels,car
Automatic door operators,hoistway and car door operating panels,fireman's service equipment and
hangers,hoistway and car door contacts,door all other signal and accessory facilities furnished
protective devices,hoistway door interlocks,door and installed as an integral part of the elevator
gibs,and auxiliary door closing devices. equipment.Re-lamping of signal fixtures is
Included only during KONE's systematic
SIGNALS AND ACCESSORIES examinations.Service requests related to re-
Car operating panels,hall push button stations, tamping of signal fixtures will be considered
hall lanterns,emergency lighting,car and hall billable.
position indicators,lobby control panels,car
operating panels,fireman's service equipment and HOURS OF SERVICE
all other signal,and accessory facilities furnished
and installed as an integral part of the elevator All work covered under this Agreement Is to be
equipment.Re-lamping of signal fixtures Is performed during the regular working hours of
included only during KONE's systematic regular working days of the elevator trade,unless
examinations.Service requests related to re- otherwise indicated herein.
tamping of signal fixtures will be considered
billable. SERVICE REQUESTS(CALLBACKS'
TRACTION ELEVATORS in addition to preventive maintenance,this
Agreement covers minor adjustment service
MICROPROCESSOR CONTROL SYSTEM requests during the regular working hours of
All control system components.System regular working days of the elevator trade,unless
performance examinations will be conducted to otherwise indicated herein.Service requests are ..
ensure dispatching and motion control systems are defined as minor adjustments,corrections or •
operating properly. entrapments that require immediate attention and
are not caused by reasons beyond KONE's
GEARED/GEARLESS MACHINES control.Service requests that require more than
All geared and gearless machine components. one technician or more than two hours to complete
will be scheduled as a repair during the regular
WIRING hours of service.
All elevator control wiring and all power wiring from
the elevator equipment Input terminals to the If Purchaser should require,at any time,service
motor. requests(unless Included above)to be made on
overtime,Purchaser will be charged only for the
CAR EQUIPMENT difference between KONE's regular hourly billing
All elevator control system components on the car. rate and KONE's regular overtime billing rate
applicable for each overtime hour worked.
HOISTWAY AND PIT EQUIPMENT
All elevator control equipment,car and TESTS
counterweight buffers,overspeed governors,
governor tension sheave assemblies,and car and KONE will perform the following tests on the
counterweight safeties. equipment:
RAILS AND GUIDES HYDRAULIC ELEVATOR
Guide rails,guide shoe gibs and rollers. A pressure relief test and a yearly leakage test.
HOIST ROPES KONE is not responsible for damages,either to the
Hoist ropes will be properly lubricated and adjusted elevator equipment or to the building,or for any
for equalized tension. personal injury or death,resulting from this test(s).
DOOR EQUIPMENT TRACTION ELEVATOR
Automatic door operators,holstway and car door An annual no load test.
hangers,hoistway and car door contacts,door
protective devices,holstway door interlocks,door A five(5)year full load test.
, •gibs and auxiliary door closing devices.
KONE is not responsible for damages,either to the
SIGNALS AND ACCESSORIES elevator equipment or to the building,or for any
Car operating panels,hall push button stations, personal injury or death,resulting from this test.
hall lanterns,emergency lighting,car and hall
Weld County
Rev.5 1/15/09 Page 2 of 8
This document is a confidential agreement between KONE Inc.and Purchaser,and shall not be shared with any third party.
O 2009 KONE Inc.
EXCLUSIONS of waste oil or any contamination caused by leaks
in the hydraulic cylinder or unexposed piping.
KONE assumes no responsibility for the following KONE shall not be obligated to perform or keep
items or services,which are excluded from the records of firefighter's service testing,unless
Agreement: specifically included in this agreement.
GENERAL REMOTE MONITORING
KONE shall not be obligated to:perform safety
tests other thah those specified herein;install new If your unit is equipped with remote monitoring
attachments or make equipment changes or capabilities,KONE reserves the right to utilize this
adjustments required by new or retroactive code functionality and the phone line for the unit to
changes;perform tests or correct outstanding collect data related to the use and operation of
violations or deficiencies prior to the effective date your equipment.
of this agreement;make renewals or repairs
necessitated by fluctuations in the building AC PURCHASER ASSURANCES
power systems,adverse machine room or Purchaser agrees to:be solely liable for the proper
environmental conditions(including temperature use of this equipment;furnish KONE with a list of
variations below 50 degrees and above 90 authorized personnel responsible for building
degrees Fahrenheit),excessive humidity(greater operations;provide KONE with a complete set of
than 95%non-condensing humidity),water as-built wiring diagrams;shut down the equipment
damage,prior water exposure,rust,fire,explosion, and notify KONE If the equipment is not functioning
acts of God,misuse,vandalism,theft,war,acts of properly;notify KONE of any injury or accident in
govemment,labor disputes,strikes,lockouts,or or about the equipment(verbal notification
tampering with the equipment by unauthorized immediately and written notification within three
personnel;repair or replace parts damaged by days);perform the monthly firefighter's service
negligence,misuse or any other cause beyond its testing and keep record of such tests,if required
control. and not specifically included elsewhere herein;
provide a safe workplace for KONE personnel and
OBSOLESENCE safe access to the equipment,property and
Obsolete items(including,but not limited to, machine mom areas and keep all machine rooms
assemblies,parts,components or systems)are and pit areas free from water,stored materials and
excluded from this agreement and are defined as debris;remove and dispose of any hazardous •
an item for which the original design Is no longer materials,water or waste according to applicable
regularly manufactured by the OEM or the original laws and regulations;post any and all Instructions
design has been replaced with an item of a and warnings related to the use of the equipment.
different design. No exception to this exclusion will To ensure safe and consistent service and
be made for items defined as obsolete above operation of your equipment,Purchaser shall not
simply because they can be custom made or permit anyone other than KONE to perform work
acquired at any price.Obsolete items and the labor covered under this Agreement.KONE shall be
to replace them will be at the owner's expense. allowed to provide a price and negotiate for all
Any modifications to existing equipment necessary work outside this Agreement.If KONE is not
to accommodate replacement components will selected to perform said work,KONE reserves the
also be at the owner's expense.KONE will not be right to Inspect the work at Purchaser's cost and
required to furnish reconditioned or used parts. exclude such work from the service Agreement if it
Once upgraded by NONE,obsolete items will be is not completed to KONE's satisfaction.Price may
covered under this Agreement. also be adjusted if the equipment is modified.
ELEVATOR TERM
Refinishing,repairing,replacing or cleaning of car
enclosure,gates and/or door panels,door pull The service specified will be furnished from the
straps,hoistway enclosure,rail alignment, effective date stated herein,and shall continue for
hoistway doors,door frames,sills,hoistway gates, an initial,non-cancelable term of ONE(1)years.
finished flooring,power feeders,switches,their This Agreement will automatically renew for
wiring and fusing,car light diffusers,ceiling successive terms of ONE(1)years thereafter.
assemblies and attachments,smoke or heat Either party may terminate this Agreement either at ;
sensors,fireman's phone devices,intercoms, the end of the Initial ONE(1)year term or at the
music systems,media displays,card-readers or end of any subsequent ONE(1)year term by
other security systems,light tubes and bulbs,pit giving the other party ninety(90)days written
pumps,emergency power generators,hydraulic notice,via certified mail,prior to the expiration date
cylinder,unexposed piping,disposal of or clean-up of the Agreement,the expiration date being ONE Weld County
Rev.5 1/15/09 Page 3 of 8
This document is a confidential agreement between KONE Inc.and Purchaser,and shall not be shared with any third party.
Ci 2009 KONE Inc.
•
(1)years from the effective date of this agreement Labor
or ONE(1)years from the effective date of any 100%of the current price will be Increased or
subsequent renewal term. decreased by the percent increase or decrease in
the straight time hourly labor cost.The straight
Premature cancellation of this Agreement or time labor cost is the sum of the straight time
delayed notice of termination shall constitute a . hourly rate plus the cost of fringe benefits
material breach of contract and the entire (including but not limited to welfare,pension,
remaining amount of the contract will accelerate vacations,paid holidays,insurance,and other
and become due to KONE as liquidated damages. union contributions)paid to elevator examiners in
In the event of the sale,lease or other transfer of the locality the equipment is maintained.
the ownership of the equipment described herein,
or the premises in which it is located,Purchaser KONE reserves the right to additionally adjust the '....
will provide KONE with thirty days written notice of contract price under extraordinary circumstances if
this transaction and Purchaser will notify the new the cost of fuel(based on the Producer Price Index
Purchaser of the existence of this Agreement and of Commodities for Gasoline),Insurance or other
provide KONE with the new Purchaser's complete administrative expenses increase.
contact information.
PAYMENT TERMS '..
KONE may,at Its sole discretion,temporarily III
suspend upon written notice or terminate entirely Payments are due within ten(10)days of date of
upon thirty(30)days'written notice this Agreement invoice.A delinquent payment charge of 134%per
at any time due to the Purchaser's breach of month,or if such rate is usurious then at the •
contract. In the event of circumstances presenting maximum rate under applicable law,shall be
a safety hazard to the riding public or KONE's applied to delinquent payments.In the event of
technicians(including,but not limited to, default of the payment terms,Purchaser agrees to
Purchaser's act of creating or allowing unsafe pay the defaulted amount,all attorney fees,
practices or conditions or Purchaser's failure to collection and court costs. Failure to pay any sum
authorize necessary repairs or upgrades),KONE due by Purchaser within sixty(60)days will be a
may immediately terminate this Agreement in its material breach.KONE may declare all sums due
entirety upon written notice. or to become due for the unexpired term
Immediately due and payable as liquidated
PERFORMANCE CLAUSE damages,and until the same are paid,KONE may
suspend service,and be discharged from further
Purchaser may,at any time and at Purchaser's obligations under the contract.If KONE exercises
expense,call for a mutually agreeable independent its right to suspend service,KONE shall not be
elevator consulting firm to evaluate KONE's responsible for injury or damage resulting from the
performance within the scope of this Agreement. lack of service.When service is resumed,
Purchaser will be responsible for any costs KONE
If it is found KONE Is not complying with the terms incurs as a result of the lapse in service,including
of this Agreement,a detailed report shall be Inspection and repairs.
submitted to KONE outlining the specific ..
requirements and a minimum period of sixty(60) These payment terms shall also be applicable to
days shall be allowed for KONE to correct the non- any charges for work outside the scope of this
compliances within the scope of this Agreement. Agreement
In the event KONE falls to correct the noted
material items within the allowed time,Purchaser
shall have the right to terminate this Agreement by Purchaser shall pay any tax imposed upon
giving KONE thirty(30)days written notice.Not Purchaser,KONE or its suppliers.
withstanding this right,Purchaser remains
obligated to pay all outstanding balances owed INDEMNITY CLAUSE
KONE.
Purchaser shall indemnify,defend and save
PRICE ADJUSTMENTS harmless KONE from and against liabilities,losses
and claims of any kind or nature imposed on,
The price will be adjusted annually on January 1 of Incurred by,or asserted against KONE arising out
each year of the Agreement.The payment of the concurrent,active or passive negligence of
adjustment will reflect the increase or decrease In KONE in any way connected with the services •
labor costs. provided under this Agreement or the use or --
operation of the equipment.Purchaser hereby
Weld County
Rev.5 1/15/09 Page 4 of 8
This document is a confidential agreement between KONE Inc.and Purchaser,and shall not be shared with any third party.
C 2009 KONE Inc.
•
waives any and all rights of recovery,arising as a EXPRESS WARRANTIES,KONE DISCLAIMS
matter of law or otherwise,which Purchaser might ALL OTHER WARRANTIES OF ANY KIND,
now or hereafter have against KONE. WHETHER EXPRESS.IMPLIED.STATUTORY
OR OTHERWISE.INCLUDING WITHOUT
OBLIGATIONS OF THE PARTIES • LIMITATION ANY WARRANTY OF NON-
' INFRINGEMENT AND THE IMPLIED
Nothing in this Agreement shall be construed to WARRANTIES OF MERCHANTABILITY AND
mean that KONE assumes any liability of any FITNESS FOR A PARTICULAR PURPOSE
nature whatsoever arising out of,relating to or in CUSTOMER'S SOLE REMEDY AND KONE'S
any way connected with the use or operation of the SOLE LIABILITY FOR BREACH OF WARRANTY
equipment covered by this Agreement.Purchaser JS RE-PERFORMANCE OF SERVICES OR
shall be solely responsible for supervising the use DELIVERING OF CONFORMING MATERIALS.
of the equipment and for taking such steps
including but not limited to providing attendant This Agreement is confidential between Purchaser
personnel,warning signs and other controls and KONE and shall not be distributed to third
necessary to ensure the safety of the user or safe parties.Additional Terms&Conditions Attachment
operation of the equipment. A is considered an integral part of this agreement,
Purchaser shall at all times and at Purchasers VENUE
own cost,maintain a commercial general liability
policy covering bodily injury and property damage The exclusive venue for any dispute between the
• with the limits of liability Purchasers customarily parties shall be in the County of Rock island,State
carry for the life of this contract(naming KONE as of Illinois. •
an additional insured)arising out of the services
provided under the Agreement and/or the
ownership,maintenance,use or operation of the
•
equipment described herein.
•
Neither KONE nor its affiliates shall be liable for
any loss,damage,detention or delay caused by
accidents,strikes,lockouts,material shortages or
by any other cause which is beyond its reasonable
control,or in any event,for incidental or
consequential damages. KONE shall not be liable
for any work,service or material other than that
specifically mentioned herein.
KONE will not be liable for any indirect, •
consequential,or special damages including but
not limited to fines,penalties,loss of profits,
goodwill,business or loss of use of equipment or
property.
ADDITIONAL TERMS
This Agreement including changes in or additions.
to shall not be binding upon KONE until approved
by authorized KONE management.Submission of
this Agreement does not void or otherwise nullify
any existing contract until this new Agreement is
signed and approved by both parties.If the •
Purchaser does not sign this Agreement within
ninety days after the submitted date,this
Agreement is null and void.The Terms and
Conditions set forth herein shall prevail over and •
supersede any terms and conditions contained in
any documents provided by Purchaser.
THIS CONTRACT CONTAINS CERTAIN
EXPRESS WARRANTIES.EXCEPT FOR THESE
Weld County
Rev.5 1/15/09 Page 5 of 8
This document is a confidential agreement between KONE Inc.and Purchaser,and shall not be shared with any third party.
0 2009 KONE Inc.
CUSTOMER INFORMATION yC
``t.`,? (0,4?` J 1,tr _CYrtmi
ot m rei t: _1'tY ,`� ,'`a;:c t�'.�.t'Y'.ry' ., e 1 a rg nt T';'.- 0 h".t.'.: '..i
Legal Name of the Company: t ale I Cr), r1 to
Address: PQ 6 d x 7S
City: Orep le State: n4 'Zip: [5706SL
ContactNamj yabo7i, IQIC Title: i,i, i i ( ',tc? nc,
Is the Owner tax exempt? Yes(If Yes, provide the Tax Exemption CS tvn
Certificate.) a No
Federal Tax ID#: g'( -F D.X' Q/3
2414triggt451PITRAMICIPME,Watt. r erg
Legal Name of the Company: Gue I k),,
Attention: I(1;µ c < IC f�
Address: Po ?ox �1 S
City: Crce /r State: RQ JZip: ify2
Contact Name: t-r5hy T1/.),c Title: r3,,.: I44,49 Pr {,nr on
Phone: (cm o') 3 O`/ —6 , ? % Fax: (91 3) 3 ov G d L.
Federal Tax ID#: — (coo g/' Email:
'Ss q��w� ,...c c ,� ry M ay g• ,�+Y,-„x, , sr �+'f.. p1.
1:{t3Rd t�.!�i ��S'P.�.� ���„t�i!F ���i va'Sr.,4,_'�gpa.,iU v2P�°�a,4�'"+'"„W'';E"�,v �v"h s�a�,.,�f ' :� ,S ,...
Legal Name of the Company: S t yk i9
Attention:
Address:
City: State: Zip:
Contact Name: Title:
Phone: Fax:
Federal Tax ID#: Email:
•
Weld County
Rev.5 I/15/09 Page 6 of 8
This document is a confidential agreement between KONE Inc.and Purchaser,and shall not be shared with any third party.
C 2009 KONE Inc.
ACCEPTANCE
Service Agreement Effective Date: 1/01/2011
Service Agreement Number:40067113
The parties to this service agreement agree to the conditions contained herein:
Si d for and as agent f eld County Respe it ubmi ed,
KO n
Signature) �'
u oward
Barbara Kirkmeyer
(Print Name)
Chair, Weld County (Approv y) Authpyr' a Representative
Board of Commiccinnerc Jwi Sum
(Print Title) Senior Vice President West Region
(Title)
Date: 02 /16 /11
Date: i /4/Q01
i
Weld County
Rev.5 1/15/09 Page 7 of 8
This document is a confidential agreement between KONE Inc.and Purchaser,and shall not be shared with angthird party.
42 2009 KONE Inc.
Attachment A
Additional Terms and Conditions
This contract also E-Optimum at no charge
The Indemnity clause on page 4 of 8 shall be replaced with the following:
Notwithstanding any other provision to the contrary and only if allowed by Colorado law,
Purchaser agrees to indemnify KONE only for losses due to personal injury,or property damage
to the extent caused by Purchaser's negligent acts or omissions, or the negligent acts of omissions
of our employees, agents, and subcontractors during the performance of this contract,but not to
the extent caused by others. Each party shall defend itself in the event of a lawsuit.
Further language to be added as Follows:
It is expressly understood and agreed that enforcement of the terms and conditions of this
Contract, and all rights of action'relating to such enforcement, shall be strictly reserved to the
Purchaser and KONE, and nothing contained in this Contract shall give or allow any claim or
right of action whatsoever by any other person on this Contract. It is the express intention of the
Purchaser and the KONE that any entity,other than the Purchaser or the KONE, that receives
services or benefits under this Contract, shall be deemed an incidental beneficiary only.
No portion of this Contract shall be deemed to constitute a waiver of any immunities of The
parties hereto or its officers or employees may possess,nor shall any portion of this Contract be
deemed to have created a duty of care with respect to any persons other than the parties hereto
and not a party to this Contract.
Price adjustment listed on page 4 of 8 shall be capped at no more than 4.25 %
Weld County is tax Exempt
The venue on page 5 of 8 shall be changed to Weld County Colorado
Regular working hours are regulated by the Elevator Union and are from 8:00 AM to 5:00 PM
Monday through Friday.
•
Weld County
Rev.5 1/15/09 Page 8 of 8
This document is a confidential agreement between KONE Inc.and Purchaser,and shall not be shared with any third party. ._.-
®2009 KONE Inc.
MEMORANDUM
To: Board of County Commissioners
W From: Toby Taylor
Re: Elevator Maintenance Bid B1000167
COLORADO Date: December 14, 2010
As advertised this bid is to perform elevator inspections and maintenance at various
County buildings.
The low bid is from ThyssenKrupp Elevator. They have a solid proposal to perform
maintenance at a rate of 3-4 visits per year per elevator. However, they strongly
recommend the number of visits be increased to 6 times per year to meet OEM
standards and have provided a second proposal for $2,537 for this frequency, should
the County desire it.
The second low bid is from Kone Inc. Kone has a solid proposal and has identified their
submitted proposal will result in 6-visits per elevator per year.
Therefore, Buildings and Grounds recommends the second low bid from Kone Inc. be
awarded.
If you have any questions, please contact me at extension 2023.
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