Loading...
2004-47The heart of your building TM RL`CEIVED 00134 COMPLETE MAINTENANCE AGREEMENT FOR VERTICAL TRANSPORTATION SOLD TO (Equipment Owner): City of Clermont P.O. Box 120219 Clermont, Fl. 34711-0219 SERVICE LOCATION: Clermont City Hall 685 West Montrose Street Clermont, Fl. 34711 EQUIPMENT DESCRIPTION: Make Model Freight Passenger Escalator Walk Other Traction Hydraulic Traction Hydraulic KONE I Mi rom HS® 1 One First Service Page 1 of 8 THIS CONTRACT /AGREEMENT, dated 02/17104 by and between City of Clermont hereby known as the Purchaser, and KONE, Inc. (Contractor) is for Complete Maintenance for the vertical transportation located at Clermont City Hal KONE and the Purchaser, in consideration of the terms, covenants & conditions set forth, hereby agree as follows: KONE will systematically examine, maintain, adjust, lubricate the equipment, and when, in KONE's judgment, conditions warrant through normal wear and tear, unless specifically excluded elsewhere in this Agreement, repair or replace the following using quality parts and components: HYDRAULIC ELEVATORS Miprom HS® HYDRAULIC ELEVATOR SYSTEM COMPONENTS CONTROLSYSTEM Controller cabinet, machine room connection board, LCE CPU board, safety relay assembly, hydraulic level shifter board, power supply, transformers, contactor panels, bypass switches, relays, fuses, motor starters and accessories. KONE First Service technicians will be equipped with necessary solid state field diagnostic and service tools. Microprocessor software examinations will be conducted to ensure dispatching and motion control systems are operating at optimum levels. POWER UNIT Enclosure, pump, motor, power transmission elements between the pump and motor, valves, strainers, mufflers, gaskets and all other accessories. HYDRAULIC SYSTEM ACCESSORIES Exposed piping, fittings, jack packing and accessories, such as vibration dampeners and silencers between the pumping unit and the jack unit. Hydraulic fluid, heating or cooling elements, insulation and accessories installed by the elevator equipment manufacturer for controlling oil temperature. CAR EQUIPMENT Car panel connect board, car operating board, car top inspection station, floor leveling unit assembly, switch tree assembly and floor controllers. ELECTRICAL Electrical wiring, conduit, ducts, and traveling cables from the elevator equipment to the machine room mainline disconnect switch, and hoistway outlets. HOISTWAY AND PIT EQUIPMENT Landing and slowdown switches, limits and car buffers. RAILS AND GUIDES Guide rails, guide shoe gibs and rollers. Guide rails will be properly lubricated, except where roller guides are used. DOOR EQUIPMENT Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices, hoistway door interlocks, door gibs and auxiliary door Page 2 of 8 closing devices SIGNALS AND ACCESSORIES Car Operating Panels, Hall Push Button Stations, Hall Lanterns, Emergency Lighting, Car and Hall Position Indicators, Lobby Control Panels, Car Operating Panels, Fireman's Service Equipment and all other Signal and Accessory Facilities furnished and installed as an integral part of the elevator equipment. Re- lamping of signal fixtures is included only during KONE's systematic examinations. HOUSKEEPING Clean elevator machine rooms, pit areas, hoistway equipment including rails, interlocks, hoistway door hangers and tracks, relating devices, switches, buffers and car tops. LUBRICANTS KONE will use lubricants compounded under OEM's specifications or equal. HOURS OF SERVICE This Agreement covers all work performed during the regular working hours of regular working days of the elevator trade, unless otherwise indicated herein. CALLBACKS Included in this agreement are regular time call back services. If Purchaser should require, at any time, examinations, minor repair or adjustment call back services (unless included above) to be made on overtime, Purchaser will be charged only for the difference between KONE's regular hourly billing rate and KONE's regular overtime billing rate applicable for each overtime hour worked. All work outside the scope of this Agreement is to be performed by KONE at an agreed upon rate. TESTS KONE will perform the following tests on the equipment: HYDRAULIC ELEVATOR A pressure relief test and a yearly leakage test as required by the A.S.M.E. A -17.1 code. INDEMNITY CLAUSE Purchaser shall indemnify, defend and save harmless KONE from and against liabilities, losses and claims of any kind or nature imposed on, incurred by, or asserted against KONE arising out of the concurrent, active or passive negligence of KONE in any way connected with the services provided under this Agreement or the use or operation of the equipment. Purchaser hereby waives any and all rights of recovery, arising as a matter of law or otherwise which Purchaser might now or hereafter have against KONE. EXCLUSIONS KONE assumes no responsibility for the following items of equipment which are not included in the Agreement: HYDRAULIC ELEVATOR Refinishing, repairing or replacement of car enclosure, gates and /or door panels, door Page 3 of 8 pull straps, hoistway enclosure, rail alignment, hoistway doors, door frames, sills, hoistway gates, finished flooring, power feeders, switches, their wiring and fusing, car light diffusers, ceiling assemblies and attachments, smoke or heat sensors, intercoms, light tubes and bulbs, hydraulic cylinder, unexposed piping, disposal of or clean -up of waste oil or any contamination caused by leaks in the hydraulic cylinder or unexposed piping including any consequential damages. KONE shall not be obligated to make other safety tests, equipment adjustments, or to install new attachments whether or not recommended or directed by insurance companies, or by federal, state, municipal, A.S.M.E. codes, or other governmental or non - governmental authorities. KONE shall not be obligated to make equipment adjustments to achieve Code required Escalator Step /Skirt Performance Index or loaded gap values. KONE shall not be obligated to make changes or adjustments required by new or retroactive code changes. KONE will not be required to make renewals or repairs necessitated by fluctuations in the building AC power systems, extreme variations in the machine room temperature or tampering with the elevator equipment by unauthorized personnel. KONE shall not be required to make renewals or repairs necessitated by negligence or misuse of the equipment or any other cause beyond its control except ordinary wear and tear. In the event that any part of the equipment becomes obsolete or is no longer manufactured by the manufacturer, the cost to replace the obsolete part shall be at the Owner's expense. First Service FIRST SERVICE ASSURANCES SUPERVISION KONE will maintain a staff of First Service supervisory personnel responsible for route management, part inventories, quality control, technical assistance and scheduling of repair and maintenance functions. PARTS KONE will maintain a parts inventory and parts accessibility network stocked with exclusive quality replacement parts. The system tracks and delivers parts from KONE's Service Business Center to its branch service network. KONE branches maintain an inventory of commonly used parts and materials. KONE will, when in KONE's judgment, conditions warrant, stock commonly used parts at the customer's job site, as well as in the service technician's mobile vehicle. TECHNICAL SUPPORT and TRAINING KONE's Service Business Center offers field- engineering support where First Service technicians can receive technical assistance. KONE operates training centers dedicated to the training and education of First Service technicians. QUALITY KONE will operate a quality control program consisting of a random local quality control process, a national quality audit program, random independent party customer satisfaction surveys and systematic calls to the customer's building for consultation. KONECT INFORMATION CENTER The 24 -hour KONE Information Center, located in the Service Business Center, will Page 4 of 8 respond to all calls 24 hours a day, seven days a week. In the unlikely event of an entrapment, a highest priority response will be given. CUSTOMER SERVICE First Service technicians will meet with the designated building personnel, if available, upon their arrival and departure from each building. First Service SOLD TO (EQUIPMENT OWNER) ASSURANCES LOG IN PROCEDURES Purchaser agrees to provide KONE with facility log in procedures and facility record keeping requirements. AUTHORIZED PERSONEL Purchaser agrees to furnish KONE with a list of authorized personnel responsible for building operations. WIRING DIAGRAMS Purchaser agrees to provide KONE with a complete set of as built wiring diagrams. NOTIFICATION In the event that the equipment is not functioning properly, purchaser agrees to shut down equipment and notify KONE for repair. Purchaser agrees to notify KONE within 24 hours in the event of an entrapment involving personal injury. OPERATION Purchaser shall at all times be solely liable for the proper use of the equipment. EQUIPMENT ACCESS Purchaser agrees to provide safe access to the equipment and machine room areas for service. SATISFACTION If you are ever less than very satisfied with KONE's performance, Purchaser agrees to contact KONE immediately. OMNI The service specified will be furnished from the effective date stated herein, and shall continue for a period of Five (5) years. This Agreement will automatically renew for successive periods of Five (5) years. Either party may terminate this Agreement either at the end of the first Five (5) years or at the end of any subsequent Five (5) year period by giving the other party ninety (90) days written notice prior to the expiration date of the Agreement. The parties acknowledge that delayed notice of termination shall constitute a material breach of contract. In the event of the sale, lease or other transfer of the ownership of the equipment described herein, or the premises in which it is located, Purchaser agrees to see that such Purchaser is made aware of this Agreement and assumes and agrees to be bound by the terms hereof for the balance of the Agreement. KONE may, at is sole discretion, terminate the above Agreement at any time upon thirty Page 5 of 8 (30) days advance notice in writing. CONTRACT PAYMENT KONE in consideration of $600.00 ( SIX HUNDRED AND 00/100 DOLLARS ) payable by Purchaser quarterly in advance, hereby agrees to furnish services herein described on the equipment within this Agreement. PAYMENT ADJUSTMENT The contract price will be adjusted annually on January 1 of each year of the contract. Payments are due within ten (10) days of date of invoice. A delinquent payment charge calculated at the rate of 1' /z % per month, or if such rate is usurious then at the maximum rate under applicable law, shall be applied to delinquent payments. In the event of default of the payment provisions herein, Purchaser agrees to pay, in addition to anydefaulted amount, all attorney fees, collection cost or court cost in connection therewith. Failure to pay any sum due by Purchaser within sixty (60) days will be a material breach. KONE may at KONE's option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid be discharged from further obligations under the contract. TAX Purchaser shall pay, in addition to the price, any tax imposed upon Purchaser by any existing or future law and the amount of tax imposed upon us, KONE's suppliers or Purchaser under any statute, court decision, rule or regulation currently effective or becoming effective after the date of this Agreement which is based upon or incident to the transfer, use, ownership, or possession of the materials or equipment involved in the performance hereof or the services rendered, hereunder. OBLIGATIONS OF THE PARTIES Nothing in this Agreement shall be construed to mean that KONE assumes any liability of any nature whatsoever arising out of, relating to or in any way connected with the use or operation of the equipment covered by this Agreement. Purchaser shall be solely responsible for supervising the use of the equipment and for taking such steps including but not limited to providing attendant personnel, warning signs and other controls necessary to ensure the safety of the user or safe operation of the equipment. Purchaser shall at all times and at Purchaser's own cost, maintain a commercial general liability policy covering bodily injury and property damage with the limits of liability Purchaser's customarily carry for the life of this contract (naming KONE as 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. ADDITIONAL TERMS Page 6 of 8 This Agreement shall constitute, exclusively and entirely, the agreement for the service described and all prior representations or agreements relating thereto, whether written or verbal, shall be deemed to be merged herein and this Agreement including changes in or additions to shall not be binding upon KONE until approved by a local Office Manager or one of its executive officers at Moline, Illinois. The Terms and Conditions set forth herein shall prevail over and supersede any terms and conditions contained in any Purchaser's purchase orders. GENERAL The Purchaser does hereby agree that the exclusive venue for any dispute between the parties shall be in the county of Rock Island, State of Illinois. Miprom 1@, HH SERIES@, MXO, Miprom HS@, SSC- 60100, EcoSystem@, Miprom 210, SERIES 90v0, Miprom AM, E- SERIES HRO, E- SERIES 50000, W- SERIES@ are registered trademarks of KONE, Inc. Page 7 of 8 First Service First Service Contact Information Customer Contact Service Location Clermont City Hal Service Agreement Number x Agreement Effective Date 09/01/04 Contact Person Preston Davis Telephone Number 352 - 394 -3350 Fax Number 352- 394 -8776 Email Address Sold To (Equipment Owner) KONE Contact KONE Account Representative Tim Lynch Telephone Number 407 - 812 -8033 Fax Number 407 - 852 -6439 E -Mail Address tim.lynch @kone.com KONE Service Manager Scott Tobin 24 -Hour Call Center 1 -(877) 276 -8691 Website Address www.kone.com ACCEPTANCE City of Clermont P.O. Box 120219 x Clermont, Fl. 34711 -0219 Contact Person Preston Davis Telephone Number 352 - 267 -3212 Fax Number 352- 394 -8776 Email Address The parties to the service agreement agree to the conditions contained herein: Signed for and on behalf of City of Clermont gnature) (Print Name) Y-, (Print T� Date:,L/ %' l C` Respectfully submitted, KONE Inc. (S fitted By im nc I (Approved By) Authorized epresentative Date: !� / 3 / C) Page 8 of 8