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HomeMy WebLinkAbout113278 KONE INC - CONTRACT - RFP - 7540 ELEVATOR MAINTENANCE & REPAIRDocuSign Envelope ID: 881F96AA-C9BA-42EF-A814-F3E2DD726509 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and KONE INC., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of seven (7) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence November 15, 2013, and shall continue in full force and effect until November 14, 2014, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days Services Agreement 7540 Elevator Maintenance Page 1 of 18 DocuSign Envelope ID: 881 F96AA-C9BA-42EF-A814-F3E2DD726509 EXHIBIT A SCOPE OF WORK PREVENTIVE MAINTENANCE SERVICE • The preventive maintenance program will be performed in accordance with the maintenance schedule specific to each piece of equipment. • Examine, lubricate, adjust, and repair/replace covered components • Prompt callback coverage • Safety testing PREVENTIVE MAINTENANCE PROGRAM The Preventive Maintenance Program, as described in this agreement will be performed in accordance with a maintenance schedule specific to each piece of equipment. A KONE technician will be assigned to The City, and back up technicians will be available as required to give prompt service as required at all times. A KONE account representative will be assigned to the City, and will be the primary contact for communications regarding the agreement. SERVICE COSTS KONE Care Plus service of $2,240.50 per month to be charged for the preventative maintenance service based on processing monthly payments. KONE will perform monthly maintenance visits to examine, maintain, adjust, lubricate and repair or replace the components listed below if the repair or replacement is necessitated by normal wear and tear at KONE expense. Components may be excluded in cases where parts have become obsolete. HYDRAULIC ELEVATORS • Relay Logic Control System: All control system components. • Microprocessor Control System: All control system components. System performance examinations will be conducted to ensure that dispatching and motion control are operating properly. • Power Unit Pump, motor, valves, and all related parts and accessories. • Hydraulic System Accessories: Exposed piping, fittings accessories between the pumping unit and the jack, jack packing, hydraulic fluid, and any heating or cooling elements installed by the original equipment manufacturer (OEM) for controlling fluid temperature • Car Equipment: All elevator control system components on the car. • Wiring: All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor. • Hoistway and Pit Equipment: - AII elevator control equipment and buffers. Services Agreement 7540 Elevator Maintenance Page 10 of 18 DocuSign Envelope ID: 881F96AA-C9BA-42EF-A814-F3E2DD726509 • Rails and Guides: Guide rails, guide shoe gibs and rollers. • Door Equipment Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices, hoistway door interlocks, door gibs and auxiliary door closing devices. • Manual Freight Door Equipment: Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices and counter -balancing equipment. • Power Freight Door Equipment: Controller, relays, contactors, rectifiers, timers, resistors, solid state components, door motors, retiring cams, interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets and tensioning devices. • Signals and Accessories: Car operating panels, hall push buttons stations, hall lanterns, emergency lighting, car and hall position indicators, car operating panels, fireman's service equipment and all other signals and accessory facilities furnished and installed as an integral part of the elevator equipment. Re-lamping of signal fixtures is included only during KONE's maintenance visits. Service requests for re-lamping of signal fixtures will be billed separately at KONE's contract labor rates. TRACTION ELEVATORS • Relay Logic Control System: All control system components. • Microprocessor Control System: All control system components. System performance examinations will be conducted to ensure that dispatching and motion control are operating properly. • Geared/Gearless Machines: All geared and gearless machine components. • Wiring: All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor. • Car Equipment: All elevator control system components on the car. • Hoistway and Pit Equipment: All elevator control equipment and buffers. • Rails and Guides: Guide rails, guide shoe gibs and rollers. • Ropes: Hoist ropes, governor ropes and compensation ropes. • Door Equipment Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices, hoistway door interlocks, door gibs and auxiliary door closing devices. Services Agreement 7540 Elevator Maintenance Page 11 of 18 DocuSign Envelope ID: 881 F96AA-C9BA-42EF-A814-F3E2DD726509 • Manual Freight Door Equipment: Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices and counter -balancing equipment. • Power Freight Door Equipment: Controller, relays, contactors, rectifiers, timers, resistors, solid state.components, door motors, retiring cams, interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets and tensioning devices. CLEANING KONE will periodically clean the machine room, car top, and pit of debris related to work in these areas. TESTING OF SAFETY DEVICES Equipment Test Frequency Hydraulic Pressure/Relief Valve Annually and leakage test Firefighter's Service Test Monthly Gearless No load Annually Gearless Full load Every 5 years Firefighter's Service Test Monthly CALLBACK RESPONSE TIME KONE will respond to callbacks during regular working hours within an average of 4 hours of notification, and during overtime hours within an average of 6 hours of notification, unless prevented from doing so by causes beyond KONE's control. HOURS OF SERVICE Services will be performed during our regular working hours of regular working days, excluding elevator trade holidays. The services include callbacks for emergency minor adjustment callbacks during regular working hours, including all calls received prior to 3:30 p.m. local time. Any City authorized callbacks outside regular working hours, will be paid at the standard billing rates, plus materials not covered by contract, expenses and travel. All other work outside the services will be billed at the standard billing rates. A request for service will be considered an "emergency minor adjustment callback" if it is to correct a malfunction or adjust the equipment and requires immediate attention and is not caused by misuse, abuse or other factors beyond our control. The term does not include any correction or adjustment that requires more than one technician or more than two hours to complete. SPECIAL TERM The term "periodically" refers to preventative maintenance performed twelve (12) times per year (every month). Services Agreement 7540 Elevator Maintenance Page 12 of 18 DocuSign Envelope ID: 881F96AA-C9BA-42EF-A814-F3E2DD726509 MANUFACTURER (MAKE) AND LOCATION OF ELEVATORS: Third # Location Make Model Installed Floors Door Capacity Party Insp. 1 215 N Mason - East Schindler MPH II - Sep-00 3 Single Speed 2500 Yes unit EOB218L Side Opening 2 215 N Mason - West Schindler MPH II - Sep-00 3 Single Speed 2500 Yes unit EOB218L Side 0 enin 3 300 Laporte - City Dover Relay Logic 1977 2 Center opening, 1800 Yes Hall front & rear 300 Laporte.- Old Relay Logic Single Speed 4 Police Westinghouse D2 218 1979 4 Side Opening, 3- 2500 Yes front, 1-rear 5 1599 City Park Ave Schindler MPH II Jul-91 2 Single Speed 2500 Yes City Park Center Side 0 enin 6 1441 E Horsetooth, Schindler 330A Aug 02 2 Single Speed 2100 Yes Collindale Side Opening 7 1801 Riverside, Montgomery MIPROM Jul-87 2 Single Speed 2500 Yes EPIC Side Opening 8 201 Peterson, Dover Selective Elective Mar-76 2 Single Speed Side Opening, 2000 Yes Library Relay Logic 2-front, 2-rear. 9 417 West Magnolia Otis Stage lift Apr-78 n/a n/a no Lincoln Center 10 424 West Mulberry Schindler MPH II Jun-92 2 Single Speed 2000 Yes Mulberry Pool Side Opening 200 Mathews, Single Speed 11 Museum Dover Relay Logic Mar-76 3 Center Opening, 1800 Yes 2-front, 1-rear 12 112 East Willow Kone KCM 831 2007 2 Single Speed 2000 Yes Northside Center Side Opening 13 120 North Mason Schindler 300 A Feb-99 4 Single Speed 2500 Yes South unit at CCPG Center Opening 14 120 North Mason Schindler 300 A Feb-99 4 Single Speed 2500 Yes North unit at CCPG Center Opening 15 104 Remington St Motion Control IMO Aug-01 4 Single Speed 2500 Yes Old Town PG Center Opening 221 Timberline Single Speed 16 New Police Bldg, #1 Schindler 330 A Dec-06 3 Center Opening, 2500 Yes unit 3-front, 1-rear 221 Timberline Single Speed 17 New Police Bldg, #2 Schindler 330 A Dec-06 2 Center Opening, 2500 Yes unit 2-front, 1-rear 221 Timberline Two Speed Side 18 New Police Bldg, #3 Schindler 330 A Dec-06 3 Opening 4500 Yes unit 19 1200 Raintree Drive Schindler MPH II Mar-94 3 Single Speed 2500 Yes Senior Center Side 0 enin Services Agreement 7540 Elevator Maintenance Page 13 of 18 DocuSign Envelope ID: 881F96AA-C9BA-42EF-A814-F3E2DD726509 20 281 North College Schindler MPH II Feb-90 2 Single Speed 2500 Yes Side Opening 4316 West Laporte S411-66 Single Speed 21 Water Treatment Montgomery (HH-S1) 1986 2 Side Opening 2000 Yes Plant 22 2733 Council Tree Kone #1 Cable 2008 2 Single Speed 2500 Yes Drive 2-front, 2-rear 23 2733 Council Tree Kone #2 Cable 2008 2 Single Speed 2500 Yes Drive 2-front, 2-rear 24 417.West Magnolia Schindler 3300 2011 3 Single Speed 2500 Yes Lincoln Center 2-front, 2-rear 25 408 North Mason Schindler 330 A 2011 3 Single Speed 2500 Yes MOD 2-front, 2-rear 4316 West Laporte Material lift Single Speed 26 Water Treatment only 2 Manual Gate 1500 no Plant SERVICE PROVIDER TO: A. Provide experienced and certified maintenance and repair, on all elevators specified, as set out in specific work orders. B. Carry insurance levels as indicated in attached Service Agreement. C. Clean up the job site at the end of each service or repair. D. Obtain any needed permits for maintenance or repair work and conform to any State or Federal requirements related to elevator services and inspections. E. Maintain a local telephone number, or 800 number, and must be able to be contacted by telephone twenty-four hours each day; and by FAX transmission during prescribed business hours. F. Conduct evaluations of equipment performance, including car speed, door operation, riding quality, car leveling, and overall system operation. These evaluations will be conducted during a regularly scheduled maintenance visit with the results of the evaluations documented and reported to the appropriate City Representative. WORK ORDER AND INVOICING PROCEDURE: A. A signed work order is the Service Provider's notice to proceed. The Service Provider will perform no work without a duly executed work order except in an emergency situation. (emergencies are determined by the appropriate City Representative) B. The City Representative will issue a work order for all maintenance services annually, or separately, for each maintenance service, at his discretion. C. The City Representative will issue a work order for repair work on an individual occurrence basis. The City Representative may issue a field directive verbally for emergency work only. Such a field directive will be followed up with an appropriate work order at the earliest convenient time within the following seven (7) day period. D. Job estimates for repair not covered under a maintenance agreement must be submitted on a unit price basis consistent with the prices set forth in the Elevator Maintenance and Services Agreement 7540 Elevator Maintenance Page 14 of 18 DocuSign Envelope ID: 881F96AA-C9BA-42EF-A814-F3E2DD726509 Repair Service Agreement and any subsequent price adjustments to that agreement. Estimates must include all labor rates, trip charges and other fees described in detail. E. Vendor will invoice for all repair jobs completed on a unit price basis consistent with the prices set forth in the Elevator Maintenance and Repair Service Agreement and any subsequent price adjustments to that agreement. Proof of parts and material costs, if any, including appropriate markup, must be included with contractor invoices. Invoices must include all labor rates, trip charges and other fees described in detail. F. Invoices shall include the following information when appropriate to the service rendered: 1. Name of City Representative requesting service 2. Facility name and address 3. Make, model, serial number of equipment 4. Reported problem, if any 5. Description of performance 6. Diagnosis of trouble, if any 7. Probable cause of malfunction, if any 8. Corrective action necessary 9. Listing of materials used (if any) including: a. proof of parts and material costs (if any), including markup b. make, model, serial number (if applicable ) of parts replaced c. indicate if part is under warranty d. warranty expiration date 10. Arrival time at Facility 11. Departure time from Facility 12. Serviceman (Technicians') signature 13. Emergency Services only a. - date and time call was dispatched b. - regular hours c. -overtime hours d. - other charges and fees, detailed RECORDS AND REPORTS: A. The Service Provider shall inventory all equipment applicable to each building elevator and keep records, available to Customer, of.maintenance and repairs for each elevator. B. Report of Maintenance Inspection Service: Service Provider will provide the City with a written summary of actions taken, deficiencies noted, and recommended corrective action as a result of the maintenance inspections. The report shall be in adequate detail to enable the City to determine the condition of the equipment and whether or not additional servicing of the equipment may be required. Services Agreement 7540 Elevator Maintenance Page 15 of 18 DocuSign Envelope ID: 881F96AA-C9BA-42EF-A814-F3E2DD726509 MATERIALS AND SUPPLIES: The Contractor shall furnish, at no additional cost to the City, all oil, grease, tools, and any other ,materials and supplies needed for maintenance services. REPLACEMENT PARTS: All replacement parts shall be equal to or better than new factory replacement components. DEFICIENCIES OBSERVED DURING MAINTENANCE SERVICE: A. During maintenance service, any problem observed, needing repairs, should be reported immediately to the City Representative. The City Representative will advise whether to make the repairs at that time. B. At no time shall the Service Provider do additional work above and beyond the inspection and maintenance service without the approval of the City Representative. C. The City Representative may require a cost estimate before approving additional work. Services Agreement 7540 Elevator Maintenance Page 16 of 18 DocuSign Envelope ID: 881 F96AA-C9BA-42EF-A814-F3E2DD726509 EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Services Agreement 7540 Elevator Maintenance Page 17 of 18 DocuSign Envelope ID: 881 F96AA-C9BA-42EF-A814-F3E2DD726509 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City') pursuant to this Agreement (the "Agreement"), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other,benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the -contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City's remedies at law for a breach of the Service Provider's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Services Agreement 7540 Elevator Maintenance Page 18 of 18 A� O® CERTIFICATE OF LIABILITY INSURANCE DATE(MMDDYYYY) 0/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Central, Inc. Chicago IL Office 200 East Randolph Chicago, IL 60601 CONTACT NAME: Aon Client Services PHONE A/C No: E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURERA: Old RepublicInsurance Com n 147 INSURED KONE Inc. INSURER B : Attn: insurancerequests@kone.com INSURER C: INSURER D: One KONE Court Moline IL 61265 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 18911582 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY V MWZY57732 1/1/2014 1/1/2015 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISESOE.E000urtDence $ 1,000,000 - CLAIMS -MADE M OCCUR MED EXP (Any one person) $ PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 POLICY �/ PRO- LOC $ A AUTOMOBILE LIABILITY MWTB20018 1/1/2014 1/1/2015 OMBINEDtSINGLE LIMIT(Ea $ 1000000 BODILY INJURY (Per person) $ ANY AUTO ALLOWNED BSCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION$ $ A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' ❑N N / A MWC 11539706(AOS) MWXS82206(OH) 1/1/2014 1/1/2014 1/1/2015 1/1/2015 TORSLATU— DER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 Other Policies See Schedule of Other Policies DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Contract No. 40127571 - Project/Location: Various locations 40127571 Fort Collins, CO Certificate Holder and other parties as required by contract are listed as additional insured to the extent of the terms of the contract. Completed Operations shall be maintained per the terms of the contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Collins THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 580 ACCORDANCE WITH THE POLICY PROVISIONS. Fort Collins CO 80522-0580 AUTHORIZED REPRESENTATIVE e" /,, Aon Risk Services Central, Inc. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD (.'ERNO.: 18911f 02 CLIENT CODE: 000-U.S. CindyCullen 1/10/2019 12:40.35 PM Page 1 o{ 3 '/'Th,s certificate cancels and supersecles ALL previously issued certifi cates. 9 DocuSign Envelope ID: 881F96AA-C9BA-42EF-A814-F3E2DD726509 from the onset of such condition. The Service Provider shall not be liable for damage or delay caused directly or indirectly by embargoes, strikes, lockouts, work interruption or other labor dispute, fire, theft, floods, epidemic or pandemic. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least thirty (30) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Kone City of Fort Collins City of Fort Collins Attn: Randy Howard Attn: Bruce Byrne Attn: Purchasing Dept. 8585 Concord Center Drive PO Box 580 PO Box 580 Englewood, CO 80112 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, not to exceed Two Thousand Eighty Dollars ($2,240.50) per month. 6. City Representative. The` City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are Services Agreement 7540 Elevator Maintenance Page 2 of 18 THIS FORM APPLIES IN STATES WHICH USE THE CA 00 01 (10-13) COVERAGE FORM. IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person(s) or Organization(s): Any club, credit union or other associations sponsored/authorized by the Named Insured. With respect to COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured is changed with the addition of the following: Each person or organization shown in the Schedule for whom you are doing work is an "insured". But only for "bodily injury" or "property damage" that results from the ownership, maintenance or use of a covered "auto" by: You; 2. an "employee" of yours; or 3. anyone who drives a covered "auto' with your permission or with the permission of one of your "employees". However, the insurance afforded to the person or organization shown in the Schedule shall not exceed the scope of coverage and/or limits of this policy. Not withstanding the foregoing sentence, in no event shall the insurance provided by this policy exceed the scope of coverage and/or limits required by the contract or agreement. PCA 001 10 13 MWTB 20018 KONE Holdings, Inc. 0110112014 - 0110112015 CERT NO.: 10511�02 CLIENT CODE: 000-N.S. Cind Cullen 1/10/2Q14 12:40:35 PM Page 2 04 3 This certificate cancels and supersedes ALL previously issued certificates. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 32 29 06 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) Locations Of Covered O erations As required by written contract unless specifically endorsed On File With Company on another endorsement attached to this policy. Information required to complete this Schedule if not shown above will be shown in the Declarations. I A. Who Is An Insured (Section II) is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused by your ongoing operations for the additional insured(s) at the location(s) designated above and only to the extent that such "bodily injury", "property damage" or "personal and advertising injury" is caused by your acts or omissions or the acts or omissions of those performing operations on your behalf. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to 'bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 32 29 0610 © Insurance Services Office, Inc., 2010 Page 1 of 1 MWZY57732 KONE Holdings, Inc. 0110112014.0110112015 CERT NO.: 18R11�82 CLIENT CODE: 000-U.8. Cind Cullen 1/10/2Q14 12:40:35 PM Page 3 of 3 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: 881F96AA-C9BA-42EF-A814-F3E2DD726509 those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. Services Agreement 7540 Elevator Maintenance Page 3 of 18 DocuSign Envelope ID: 881F96AA-C9BA-42EF-A814-F3E2DD726509 11. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific Services Agreement 7540 Elevator Maintenance Page 4 of 18 DocuSign Envelope ID: 881 F96AA-C9BA-42EF-A814-F3E2DD726509 performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder but only to the extent of Service Provider's negligent or intentionally wrongful acts or omissions. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required Services Agreement 7540 Elevator Maintenance Page 5 of 18 DocuSign Envelope ID: 881F96AA-C9BA-42EF-A814-F3E2DD726509 from an insurance company acceptable to the City. d. Neither party shall be liable for consequential damages. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In -the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employinq Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as. amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that Services Agreement 7540 Elevator Maintenance Page 6 of 18 DocuSign Envelope ID: 881F96AA-C9BA-42EF-A814-F3E2DD726509 knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual damages to. Services Agreement 7540 Elevator Maintenance Page 7 of 18 DocuSign Envelope ID: 881F96AA-C9BA-42EF-A814-F3E2DD726509 the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Services Agreement 7540 Elevator Maintenance Page 8 of 18 DocuSign Envelope to:881F96AA-C9BA-42EF-A814-F3E2DD726509 CITY OF FORT COLLINS, C ORADO a municipal por tion By: Gerry aul Director of Purchasing and Risk Management Date: , KIq ATTEST: r OF FORTcO City Clerk N ^ S]' APPROVED AS TO FORM: COLOR ADO Assi 6a nt City Attey PRINT NAME Senior Vice President - West Region TITLE Date: 12-30-13 KONE 40127571 Services Agreement 7540 Elevator Maintenance Page 9 of 18