MAS - Kone Inc. - GS06F0002N
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- Federal Supply Schedule GS06F0002N Federal contract IDV
- Contract number
- GS06F0002N
- Issued by
- GSA Federal Acquisition Service
About this file
Kone Inc. Pricelist and/or Vendor Terms and Conditions for GS06F0002N, a Federal Supply Schedule awarded to Kone Inc., under Facilities Maintenance and Management (03FAC)
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GSA MULTIPLE AWARD SCHEDULE (MAS)
Authorized Multiple Award Schedule Price List
On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!, a menu-driven database system. The INTERNET address GSA Advantage! is: GSAAdvantage.gov
Elevator and Escalator Maintenance Services
Contract # GS06F0002N
A812 SIGNED 7/6/2020
Old Contract Period 10/1/12 -9/30/17
Final Period 10/1/2017-9/30/2022
Vendor/Contractor Information
KONE Inc.
Primary Contact: Michael Lynch, National
Account Manager michael.lynch@kone.com
3727 Bradview Drive Suite 200
Sacramento
CA 95827
Cell 916-201-7122
Business Size: Large mailto:michael.lynch@kone.com
Additional schedule information can be found at:
http://www.kone.com/gsa-fss http://www.kone.com/gsa-fss
Customer Information (for Ordering Purposes)
1a. Special Item Number AND Product Service Code (from GSA Advantage eLibrary)
SIN 561210FAC/PSC R799 Facilities Maintenance and Management
SIN ANCRA/PSC Z2AA Ancillary Repair and Alterations http://www.gsaelibrary.gsa.gov/ElibMain/scheduleSummary.do?scheduleNumber=03FAC http://www.gsaelibrary.gsa.gov/ElibMain/sinDetails.do?scheduleNumber=03FAC&amp%3BspecialItemNumber=003%2B97&amp%3BexecuteQuery=YES&amp%3Bfilter=NO
1b. Identification of Lowest Price item: Not Applicable
1c. Commercial Job Title Description: Not Applicable.
2. Maximum order. $1,000,000
3. Minimum order. $100
4. Geographic coverage (delivery area): Continental United States and Hawaii
5. Point(s) of production (city, county, and State or foreign country): Various
6. Discount from list prices or statement of net price. Base Discount of 8%
7. Quantity and Extended Term Discounts:
Term Discount
Term discount
10 years 3% 15 years 5% 20 years 7%
QUANTITY DISCOUNTS (per Task Order)
# of Units % Discount
401-500 9% 501-600 10% 601-700 11% 701-800 12% 801-1000 14%
1001-1100 15% 1101-1200 16% 1201-1400 17%
1401+ 18%
8. Prompt payment terms: 1% 10 days
Advance Payment Discounts (payments required in advance of given payment period ot apply)
Annually 2%
Semi-annually 1%
9a. Notification that Government purchase cards are accepted at or below the micro-purchase threshold. Government purchasing cards are an acceptable and preferred method of payment at or below the micro-purchase threshold.
9b. Notification whether Government purchase cards are accepted or not accepted above the micro-purchase threshold. Yes (excludes prompt payment discount)
10. Foreign items (list items by country of origin). Not Applicable
11a. Time of delivery: Not Applicable
11b. Expedited Delivery. Not Applicable
11c. Overnight and 2-day delivery. Not Applicable
11d. Urgent Requirements. Not Applicable
12. F.O.B. point(s). Destination
13a. Ordering address(es). Same as Contractor
13b. Ordering procedures: TBD at Task Order Level
14. Payment address(es). Same as Contractor
15. Warranty provision. Standard Commercial Warranty
16. Export packing charges, if applicable. Not Applicable
17. Terms and conditions of Government purchase card acceptance (any thresholds above the micro-purchase level).
18. Terms and conditions of rental, maintenance, and repair (if applicable). Not Applicable
19. Terms and conditions of installation (if applicable). Not Applicable
20. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices (if applicable). Not Applicable
20a. Terms and conditions for any other services (if applicable) Not Applicable
21. List of service and distribution points (if applicable). Go to www.kone.com for a list of KONE service locations nationwide
22. List of participating dealers (if applicable). Not Applicable
23. Preventive maintenance (if applicable). Go to www.kone.com for information on KONE Maintenance Methods.
24a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants). Not Applicable
24b. If applicable, indicate that Section 508 compliance information is available on Electronic and Information Technology (EIT) supplies and services and show where full details can be found (e.g.
contractor's website or other location.) The EIT standards can be found at:
www.Section508.gov/.
25. Data Universal Number System (DUNS) number. 005262308
26. Notification regarding registration in Central Contractor Registration (CCR) database.
KONE is registered in the Central Contractor Registration (CCR) Data base.
http://www.kone.com/ http://www.kone.com/ http://www.section508.gov/
Legend
Pricing & “out of contract” labor rates (subject to annual labor rate of 3.25% and tax increases annually). Maximum "out of contract" labor rates are shown on the last tab
This pricing is not applicable for locations that may require a "Resident" (40 hours/week) mechanic
The maintenance price levels on the following tab indicate pricing for our standard KONE Care Full Maintenance scope (example follows the rate page) excluding any service extension (options) and are based upon existing equipment free of need of pre-maintenance
This pricing is based upon the labor rates of the main local office and are established per the following profiles
Profile 1
Tulsa, Mobile, New Orleans, Baton Rouge, Austin, Nashville, Dallas, Orlando, Oklahoma City, Birmingham, Jacksonville, Des Moines, Charlotte, Cincinnati, Houston, Tampa
Profile 2
Little Rock, Omaha, Sioux Falls, Knoxville, San Antonio, Memphis, Springfield MO, Washington DC, Salt Lake, Richmond, Columbus, Denver, Minneapolis, Atlanta, Wichita, Miami, Naples, Louisville, Phoenix, Cleveland, Pittsburg, Indianapolis, Albuquerque, Hagerstown MD, Kansas City, St Louis, Quad Cities IL, Syracuse, Albany, Baltimore
Profile 3 Las Vegas, New York City. Grand Rapids MI, Springfield IL, Harrisburg PA, Milwaukee, Missoula MT & Detroit, Peoria IL, Northern NJ
Profile 4 Honolulu, Boston, Philadelphia, Hartford CT, Seattle, Portland, Chicago
Profile 5 Los Angeles, Sacramento, San Francisco, San Diego
All pricing above and rates below are subject to an annual increase each year of 3.25%.
Price list with discount & IFF 10/1/19 – 9/30/20
Reference Pricing for Hydraulic Passenger elevators
Profile Location/ KONE Branch 2-Landing
Base Monthly
Price
3-Landing Base
Monthly Price
4-Landing Base
Monthly Price
5-Landing Base
Monthly Price
6-Landing Base
Monthly Price
OT
Callouts
(Add $40)
Rear Openings ($10 per opening)
Travel Over 1/2 hour -
Branch Add
1 See legend $160 $169 $179 $187 $196 + $40 + $10 Branch Determines 2 See legend $166 $174 $184 $193 $201 + $40 + $10 Branch Determines 3 See legend $189 $197 $206 $214 $223 + $40 + $10 Branch Determines 4 See legend $204 $212 $221 $230 $239 + $40 + $10 Branch Determines 5 See legend $224 $234 $242 $251 $260 + $40 + $10 Branch Determines
Reference Pricing for Hydraulic Freight elevators
Profile Location/ KONE Branch 2-Landing Base
Manual Doors Monthly Price
Add for each additional landing
Add for Power
Doors per opening
OT
Callouts
(Add)
Door Size Hgt/Width Exceeds
8' 0"x 8'0"
* Rear Openings
(Power Only )
Travel Over 1/2 hour - Branch Add
1 See legend $170 +$16 +$30 + $50 + $25 + $30 Branch Determines 2 See legend $177 +$16 +$30 + $50 + $25 + $30 Branch Determines 3 See legend $201 +$16 +$30 + $50 + $25 + $30 Branch Determines 4 See legend $217 +$16 +$30 + $50 + $25 + $30 Branch Determines 5 See legend $239 +$16 +$30 + $50 + $25 + $30 Branch Determines
* When total # of openings exceeds landings
Reference Pricing for Escalators
Profile Location/ KONE Branch
ESCALATORS * Add for Duty 12-16 Hours (malls/retail)
Add for Duty 16+ Hours (airports/tra nsits)
Add for
OT
Callouts (Add)
Add for Colored Handrails
Travel Over 1/2 hour - Branch Add
Solid Glass
1 See legend $367 $410 +$20 + $40 + $100 + $20/rail Branch Determines 2 See legend $408 $440 +$20 + $40 + $100 + $20/rail Branch Determines 3 See legend $449 $485 +$20 + $40 + $100 + $20/rail Branch Determines 4 See legend $497 $529 +$20 + $40 + $100 + $20/rail Branch Determines 5 See legend $517 $580 +$20 + $40 + $100 + $20/rail Branch Determines
* Please note above price doesn't include 20'0" or higher rises, transit units, or units exposed to outside elements
Reference Pricing for Geared Passenger Elevators
Profile Location/ KONE Branch 2-Landing
Base Monthly
Price
Add for each additional landing thru 10
11-Landing Base
Monthly Price
Add for each additional landing over 10
OT
Callouts
(Add)
Auxiliary Car
Station (if app.)
Blind Hoistway (Add per
10")
Travel Over 1/2 hour - Branch Add
1 See legend $326 + $8 $396 +$20 + $60 + $10 +6 Branch Determines 2 See legend $367 + $8 $445 +$20 + $60 + $10 +6 Branch Determines 3 See legend $388 + $8 $489 +$20 + $60 + $10 +6 Branch Determines 4 See legend $408 + $8 $511 +$20 + $60 + $10 +6 Branch Determines 5 See legend $436 + $8 $533 +$20 + $60 + $10 +6 Branch Determines
* Above prices do not include: Gearless Passenger, Traction Freight, Capacities > 4000 lbs., or Speeds > 450 fpm
Reference Pricing for Gearless Passenger Elevators
Profile Location/ KONE Branch 2-Landing
Base Monthly
Price
Add for each additional landing thru 10
11-Landing Base
Monthly Price
Add for each additional landing over 10
OT
Callouts
(Add)
Auxiliary Car
Station (if app.)
Blind Hoistway (Add per
10")
Travel Over 1/2 hour - Branch Add
1 See legend $359 $8 $428 +$20 + $60 + $10 +6 Branch Determines 2 See legend $404 $8 $480 +$20 + $60 + $10 +6 Branch Determines 3 See legend $426 $8 $529 +$20 + $60 + $10 +6 Branch Determines 4 See legend $449 $8 $553 +$20 + $60 + $10 +6 Branch Determines 5 See legend $479 $8 $576 +$20 + $60 + $10 +6 Branch Determines
GSA FSS
Rev. 9 11/1/12
CONFIDENTIAL
© 2009-2010 KONE Inc.
Purchaser ("Purchaser"):
GSA Federal Supply
FSS Contract # 06F002N
Service Location ("Premises"):
To Be Determined
KONE Inc. ("KONE") To Be Determined
KONE Care™ Plus Agreement for Vertical Transportation ("Agreement")
EQUIPMENT DESCRIPTION ("Equipment")
Manufacturer Hydraulic MRL Geared Traction Gearless Traction Escalator Powerwalk Other Passenger Freight Passenger Freight Passenger Freight Passenger Freight
TENDER DATE: To Be Determined EFFECTIVE DATE: To Be Determined
PRICE
$TO BE DETERMINED per month payable by Purchaser monthly in advance. If Purchaser does not sign this Agreement within 90 days after the tender date stated above, KONE reserves the right to submit a revised price.
PREPAYMENT DISCOUNT
acceptance of this Agreement by Purchaser, the appropriate savings discount to the contract price:
It is agreed that in consideration of Purchaser’s selection of one of the payment options set forth below, KONE will apply, upon
Wright Enterprises
(Signature of Authorized Representative)
(Print Name)
Title
Date
Respectfully submitted, Michael Lynch KONE Inc.
(Approved by) Authorized Representative
Title
Date
GSA FSS
Rev. 9 11/1/12
CONFIDENTIAL
© 2009-2010 KONE Inc.
Payment Term Discount Acceptance Annual in advance
% Semi-annual in advance
SCOPE OF SERVICES
KONE will perform maintenance visits to examine, maintain, adjust, and lubricate the components listed below. In addition, unless specifically excluded below, KONE will repair or replace the components listed below if the repair or replacement is, in KONE's sole judgment, necessitated by normal wear and tear. Unless specifically included elsewhere in this Agreement or unless Purchaser has separately contracted with KONE for the
Test ABC Building Rev. 8 2/1/11
CONFIDENTIAL
© 2009-2010 KONE Inc.
work, all other work related to the equipment is Purchaser’s responsibility.
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 systems 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
All elevator control equipment and buffers.
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 button 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 then current 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 systems 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, car and counterweight buffers, overspeed governors, governor tension sheave assemblies, and car and counterweight safeties.
RAILS AND GUIDES
Guide rails, guide shoe gibs, and rollers.
HOIST ROPES
Hoist ropes will be lubricated and adjusted for equalized tension.
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 button stations, hall lanterns, CONFIDENTIAL
© 2009-2010 KONE Inc.
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 then current labor rates.
ESCALATORS AND POWERWALKS
CONTROL SYSTEM
All control system components.
DRIVE MACHINERY AND MOTOR EQUIPMENT
All drive machine components. The gear case will be drained and flushed as needed to remove sediment and grit and refilled with new gear oil.
WIRING
All control wiring and all power wiring from the equipment input terminals to the motor.
HANDRAIL DRIVE SYSTEM
Handrail and all handrail drive components.
SAFETY SWITCH SYSTEM
Missing step detector, handrail speed detector, handrail inlet switches, step upthrust inlet switches, combplate impact device, skirt switches, pit and motor stop switches, access cover switches, out-of-level step switches, emergency stop and inspection switches, alarm on the stop switch cover, broken step chain switches, key start switches, and brake temperature switch.
GUIDANCE AND ALIGNMENT SYSTEMS
All step chains, guidance and alignment components and demarcation lights. Balustrades and decks will be examined and adjusted, aligned, and fastened as needed.
POWER WALKS
CONTROL SYSTEM
All control system components and wiring.
DRIVE MACHINERY AND MOTOR EQUIPMENT
All drive machine components. The gear case will be drained and flushed as needed to remove sediment and grit, and refilled with new gear oil.
WIRING
All power walk control wiring and all power wiring from the power walk equipment input terminals to the motor.
HANDRAIL DRIVE SYSTEM
Handrail and all handrail drive components.
SAFETY SWITCH SYSTEM
Missing pallet detector, handrail speed detector, handrail inlet switches, comb plate impact device, skirt switches, pit and motor stop switches, access cover switches, out-of-level pallet detector, emergency stop and inspection switches, alarm on the stop switch cover, broken pallet chain switches, and key start switches.
GUIDANCE AND ALIGNEMENT SYSTEMS
All pallets, guidance and alignment components, and demarcation lights. Balustrades, decks, and skirt panels will be examined and adjusted, aligned, and fastened as needed
HOURS OF SERVICE
All services described above will be performed during the regular working hours of the regular working days of the elevator or escalator trade in the location where the services are performed, unless otherwise specified in the Agreement.
SERVICE REQUESTS (CALLBACKS)
In addition to the work described in the Scope of Services section, this Agreement covers requests for service during the regular working hours of the regular working days of the elevator trade. Service requests are defined as services that require immediate attention and that are within the scope of services and not excluded from the scope of services as provided below.
Service requests outside the scope of services will be billed separately at KONE’s then current labor rates and material prices plus mileage and incidentals. Any rates and lump sum amounts are not subject to audit. Service requests that require more than one technician or more than two hours to complete will be treated as a repair and scheduled in accordance with the Hours of Service section above. Purchaser agrees that KONE may perform service requests made by any person that KONE believes is authorized by Purchaser to make such requests.
If Purchaser requests service on overtime, Purchaser will be charged only for the difference between KONE's hourly billing rate and KONE's hourly overtime billing rate for each overtime hour.
TESTS
KONE will perform the following tests on the Equipment. KONE is not liable for any property damage or personal injury, including death, resulting from any test.
HYDRAULIC ELEVATOR
A pressure relief test and a yearly leakage test as required by applicable code.
TRACTION ELEVATOR
An annual no load test as required by applicable code.
A five (5) year full load test as required by applicable code.
CONFIDENTIAL
© 2009-2010 KONE Inc.
ESCALATOR
REPORTING SERVICES
KONE may provide Purchaser with access to KONE’s online reporting tool. Based on the Purchaser’s user access, Purchaser can view information about the performance and service of the Equipment. KONE may provide Purchaser with automatic email notifications that provide information on work performed.
EXCLUSIONS
The following are excluded from the scope of services.
GENERAL
KONE is not obligated to: perform safety tests other than those specified herein; perform any work required by new or retroactive code changes; perform tests required or correct outstanding violations or deficiencies identified prior to the effective date;
make replacements or repairs necessitated by fluctuations in the building power systems, adverse machine room or environmental conditions (including without limitation temperature variations below 50 degrees or above 90 degrees Fahrenheit) or humidity greater than 95% non-condensing water damage, prior water exposure, rust, fire, explosion, acts of God, misuse, vandalism, theft, war or civil strife, terrorism, acts or mandates of government, labor disputes, strikes, lockouts, or tampering with the equipment by any person other than a KONE representative, negligence or acts or omissions of the Purchaser or any third party, or any other cause beyond KONE’s direct control.
KONE agrees to maintain the existing performance as designed and installed. KONE is not required under this Agreement to make changes in operation and/or control, subsequent to the date of this Agreement.
OBSOLESCENCE
A component may become obsolete during the term of this Agreement. Obsolete components are not covered under this Agreement. KONE will provide Purchaser with a separate quotation for the price to replace obsolete components.
Equipment modifications necessary to accommodate replacement of obsolete components will also be at the Purchaser’s expense.
Components include without limitation any part, component, assembly, product, or firmware or software module. A component is obsolete when it can no longer be economically produced due to the cessation of consistent sources for materials, a loss or termination of a manufacturing process occurs, product reliability analysis shows that it is not economically feasible to continue to produce the component, escalation of component costs beyond acceptable industry expectations drive alternative equipment upgrades, the support of product safety programs or conformance to codes or standards mandates that use of a component be discontinued in its entirety, or the OEM designates the component as obsolete.
No exception to the above will be made for a component designated as obsolete because it can be custom made or acquired at any price. KONE will not be required to furnish reconditioned or used components. The component that replaces the obsolete components is covered under this Agreement.
ELEVATOR
Refinishing, repairing, replacing, or cleaning of the: car enclosure; gates or door panels; door pull straps; hoistway enclosure; rail alignment; hoistway doors; door frames; sills;
hoistway gates; flooring; power feeders, switches, and their wiring and fusing; car light diffusers; ceiling assemblies and attachments; smoke or heat sensors; fans; fireman's phone devices; intercoms; telephones or communication devices;
phone lines; music systems; media displays; card-readers or other security systems; computer monitoring systems; light tubes and bulbs; pit pumps; emergency power generators; hydraulic cylinder; unexposed piping; or disposal or clean-up of waste oil or contamination caused by leaks in the hydraulic cylinder or unexposed piping. KONE is not be obligated to perform or keep records of firefighter's service testing, unless specifically included in this Agreement.
ESCALATOR AND POWERWALK
Refinishing, repairing, replacing or cleaning balustrades, pits, pans; sideplate devices; decks; skirt panels; anti-slide devices;
brushes; guards and damage or deterioration to skirt deflector brushes. KONE is not be obligated to do any work to bring the equipment in compliance with the escalator step/skirt performance index or loaded gap values required by code.
Purchaser will use the escalators for the sole purpose of transporting passengers.
REMOTE MONITORING
If the Equipment is equipped with remote monitoring capabilities, Purchaser gives KONE the right to utilize this functionality and the phone line to the Equipment to collect data related to the use and operation of the Equipment.
SAFETY
Purchaser will provide a safe workplace for KONE personnel and safe access to the equipment, property and machine room areas and keep all machine rooms and pit areas free from water, stored materials and debris; remove and dispose of any hazardous materials, water or waste according to applicable laws and regulations; post any and all instructions and warnings related to the use of the equipment. Purchaser will be solely responsible for proper use, 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
CONFIDENTIAL
© 2009-2010 KONE Inc.
the equipment.
Notwithstanding anything to the contrary contained in this Agreement, if in KONE's sole judgment the equipment presents a safety hazard to the riding public or KONE's technicians (including but not limited to Purchaser's act of creating or allowing unsafe practices or conditions or Purchaser's failure to authorize necessary repairs or upgrades), KONE may immediately terminate this Agreement in its entirety upon written notice. To the extent that KONE provides Purchaser with any oral or written account, report, information, or other statement identifying a safety issue with the equipment that is the subject of the Agreement or otherwise makes any recommendation or proposal to make a safety improvement or to address a safety issue related to such equipment, and Purchaser does not immediately approve KONE’s proposal or recommendation, Purchaser agrees to indemnify, defend, and hold KONE harmless for any claims arising out of Purchaser's failure to comply with KONE's recommendations and proposals, and any obligation on the part of KONE to indemnify or defend Purchaser with regard to such claim shall be null and void.
NOTICE OF MALFUNCTION OR INJURY
As to any elevator or escalator equipment that is the subject of the Agreement, Purchaser will: (i) immediately shut down any such equipment that presents a potential safety hazard; and (ii) provide prompt verbal notice to KONE’s Service Center of such hazard. Purchaser will immediately notify KONE’s Service Center of any injury or accident in or about such equipment, followed by prompt written notice of such injury or accident. Any indemnity of Purchaser provided by KONE under the Agreement becomes null and void and will not be considered in interpreting the Agreement if Purchaser does not take the action or provide the notice required by this provision.
THIRD PARTY SERVICES
All services within the scope of this Agreement must be performed by KONE or its subcontractors, if any. If Purchaser causes or permits a third party to perform the same or substantially the same services required by this Agreement, Purchaser waives all claims against KONE arising from or related to a third party’s performance of such services.
If Purchaser determines that it requires any services outside the scope of this Agreement, Purchaser will provide KONE with an opportunity to provide a quotation for such services or to meet any offer from a third party. If KONE agrees to meet a third party offer, Purchaser will enter into a separate contract with KONE for such services. If Purchaser elects to have a third party perform the services, KONE reserves the right to adjust the price of this Agreement.
If a third party works on the equipment during the term of this Agreement, KONE reserves the right to inspect the equipment and may determine that re-work, different or additional work is required. Purchaser will re-imburse KONE for the cost the inspection and any additional work required. If Purchaser declines to have KONE perform the additional work, KONE reserves the right to cancel the Agreement upon written notice to Purchaser.
NON-KONE EQUIPMENT
If the equipment covered under this Agreement was not manufactured by KONE (or a company acquired by KONE), Purchaser will: (i) provide KONE with a complete set of as-built wiring diagrams and (ii) Purchaser will procure and pay for replacement parts or proprietary diagnostic devices from the OEM, if requested by KONE. KONE will reimburse Purchaser for the actual cost paid by Purchaser for OEM parts acquired at KONE's request. KONE is not responsible for any delays, damages, cost, or claims arising from or in connection with Purchaser’s failure to provide OEM parts or proprietary diagnostic devices in a timely manner. Purchaser authorizes KONE to produce single copies of the EPROM and/or ROM chips for each unit for the sole purpose of an archive backup of the embedded software to allow for replacement of a defective or damaged chip. These will be stored on the building premises and the Purchaser retains possession.
TERM AND TERMINATION (KONE’s base pricing is based upon a 5 year agreement but are not construed to override the government ability to award contracts)
This Agreement will commence on the effective date and continue for an initial period of FIVE (5) years. This Agreement will thereafter automatically renew for successive terms of FIVE
(5) years. Either party may terminate this Agreement at the end of the initial FIVE (5) year term or at the end of any subsequent FIVE (5) year term by giving the other party no less than ninety
(90) days nor more than one hundred twenty (120) days written notice, via certified mail, prior to the expiration date of the then current term of the Agreement.
If a party materially breaches the Agreement, the other party may provide written notice of the breach and a reasonable time under the circumstances to cure the breach, but in no event less than a thirty (30) days cure period. If the breaching party fails to cure the breach within the specified time period, the non- breaching party may terminate the Agreement upon fifteen (15) days written notice to the other party. If KONE notifies Purchaser of a material breach pursuant to this paragraph, KONE may temporarily suspend services under this Agreement during the specified cure period.
CONFIDENTIAL
© 2009-2010 KONE Inc.
ASSIGNMENT
Either party may assign the Agreement to a third party upon thirty (30) days prior written notice to the other party subject to the terms of this provision. If Purchaser transfers ownership of the premises on which such equipment is located to a third party, Purchaser will promptly provide KONE with new owner's contact information and take all such actions as are necessary to assign the Agreement to the third party. Purchaser will promptly provide KONE with a copy of such assignment.
PRICE ADJUSTMENTS
If the term of the Agreement exceeds one (1) year, KONE may automatically adjust the price and labor rates annually at the anniversary date by 3.25%.
SUSPENSION OF SERVICE
If Purchaser fails to pay any invoice within the specified payment terms or if Purchaser breaches any material provision of the Agreement, KONE may stop work or suspend its services until all invoices are current or Purchaser cures the breach.
Any requests for service during the period of suspension of service or repairs necessitated by the lack of maintenance service will be invoiced by KONE and paid separately by Purchaser.
If Purchaser fails to make timely payment, any indemnity provided by KONE under the Agreement is null and void as to any damages that arise during the period of non-payment.
Purchaser waives all claims against KONE arising from or related to suspension of service pursuant to this provision.
TAXES
Purchaser is responsible for the payment of all federal, state, or local taxes applicable to the services or materials provided under the Agreement.
INDEMNIFICATION
Purchaser will indemnify, defend, and hold KONE harmless from and against any and all claims, demands, actions, suits, proceedings, judgments, damages, loss, liabilities, costs, or expenses, including without limitation court costs and reasonable attorney's fees, whether arising from or related to Purchaser’s, KONE’s, or any third party’s negligence, willful misconduct, or acts or omissions in performance of the Agreement.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in this Agreement, KONE’s total liability to Purchaser under the Agreement is limited to the total amount paid by Purchaser to KONE during the calendar year in which the liability occurred.
In no event will either party be liable to the other party for indirect, incidental, consequential, special, exemplary, or punitive damages of any kind or nature arising from or related to performance of the Agreement, including without limitation loss of profits, loss or inaccuracy of data, or loss of use damages, even if the party has been advised of the possibility of such damages and even if under applicable law such damages would not be considered for indirect, incidental, punitive, special, or consequential damages. Each party hereby waives its rights to such damages to the fullest extent permitted by applicable law.
Purchaser will name KONE as an additional insured on its insurance policy.
Any waiver of claims, damages, or other rights, whether such rights arise under the Agreement or by law or in equity, purported to be made by KONE in the Agreement is null and void and will not be considered in interpreting the Agreement.
FORCE MAJEURE
A party is not liable for failure to perform its obligations under the Agreement if such failure is beyond its control and without its fault and results from Acts of God (including without limitation fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether or not war is declared), civil war, civil
CONFIDENTIAL
© 2009-2010 KONE Inc.
strife, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, or lockout, epidemic or pandemic, or interruption or failure of electricity or telephone service. The non-performing party must promptly notify the other party in writing of the force majeure event and resume performance immediately upon cessation of the event.
VENUE
The exclusive venue for any dispute between the parties shall be in the County of Rock Island, State of Illinois.
PROPERTY RIGHTS
KONE will provide Purchaser with any of its information or materials that it provides generally to all its customers in the ordinary course of its business. Any tools, devices, or other equipment that KONE uses to perform its services remains its sole property. If KONE’s contract terminates or expires for any reason, Purchaser will give KONE access to the premises to remove such equipment at KONE’s expense.
KONE retains all rights, title, and interest, including all intellectual property rights, in and to the written materials it provides to Purchaser or uses to perform its services, including without limitation shop drawings, technical documentation, and user manuals, and to any software provided with the equipment.
Purchaser will not use such software except in connection with the use and operation of the equipment. Purchaser will not reverse engineer or otherwise attempt to obtain the source code of any software in object code form.
MISCELLANEOUS
The Agreement, including any attachments, supersedes all prior written or oral negotiations, commitments, agreements, and understandings between the parties relating to the subject thereof, and constitutes the entire agreement between the parties with respect to the subject matter hereof. The Agreement is not effective until signed by KONE’s authorized representative or until KONE commences work under the Agreement.
Notwithstanding anything to the contrary in this Agreement, if Purchaser causes or permits KONE to commence performance of services, Purchaser accepts the terms and conditions of this Agreement. The Agreement may not be modified, amended, canceled, or altered by custom and usage of trade or course of dealing. Any section headings are for convenience only and will not in any way limit the scope or affect the interpretation of any provision of the Agreement. In the event any part of the Agreement is determined to be invalid or non-enforceable, the remaining part or provisions will continue in full force and effect.
Failure or delay by a party to exercise any right, remedy, power, or privilege accorded by the Agreement does not constitute a waiver of such right, remedy, power, or privilege. A waiver is effective only if in writing and signed by the waiving party. A written waiver of default will not operate as a waiver of any other default or of the same default in the future. The terms and conditions of the Agreement that by their sense and context are intended to survive expiration or termination of the Agreement will so survive, including without limitation the making of all payments hereunder.
EXTENDED TERM DISCOUNT
If Purchaser selects one of the extended terms below, KONE will apply the corresponding discount:
Term Discount Accepted Ten (10) years 3% Fifteen (15) years 5% Twenty (20) years 7%
In the event the contract is terminated for any reason prior to the expiration date of any Extended Term, Purchaser agrees to pay KONE the full amount of all Extended Term Discounts received.
This is in addition to and not in lieu of any other rights or remedies KONE may have.
QUANTITY DISCOUNT
Purchaser is eligible for quantity discounts based on the cumulative number of units covered under this Agreement as follows:
Discount # of Units Discount 401-500 9% 501-600 10% 601-700 11% 701-800 12% 801-1000 14% 1001-1100 15% 1101-1200 16% 1201-1400 17% 1401 + 18%
Credits for quantity discounts will be reviewed annually and adjusted in accordance with changes to the quantity of units.
Purchaser agrees to provide KONE with a list of all units and their locations.
OCCUPANCY DISCOUNT
Purchaser is eligible to receive savings in the form of occupancy discounts. If the occupancy of a location covered by this Agreement decreases, Purchaser will receive discounts as follows:
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© 2009-2010 KONE Inc.
Occupancy Discount 80-100% Occupied 0% Discount 65-79.9% Occupied 10% Discount
56-64.9% Occupied 20% Discount 0-55.9% Occupied 30% Discount
Purchaser must provide KONE with written documentation verifying occupancy levels at least 30 days prior to each quarterly billing period. KONE will apply the discount to all billing for the billing period. If documentation is not provided, the discount will not apply.
MOTHBALL SERVICE
Purchaser may elect to discontinue the use of the equipment temporarily or to use the equipment only occasionally (mothball).
If Purchaser makes this election, KONE will provide its then standard examination and lubrication services for the Equipment.
Service requests are not included and limited maintenance shall be provided to enable the equipment to return to full operation without the necessity of remedial maintenance and/or repairs.
A credit of 50% of the normal maintenance price shall be provided for the unit(s) under mothball service. Said credit shall be applied to the next invoice for maintenance service.
| Federal Supply Service |
| On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!, a |
| Customer Information (for Ordering Purposes) |
| 03FAC FACILITIES MAINTENANCE AND MANAGEMENT |
| 5. Point(s) of production (city, county, and State or foreign country): Various |
| 17. Terms and conditions of Government purchase card acceptance (any thresholds above the micro-purchase level). |
| 20. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices (if applicable). Not Applicable |
| 24a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants). Not Applicable |
| KONE is registered in the Central Contractor Registration (CCR) Data base. |
| EQUIPMENT DESCRIPTION ("Equipment") |
| PRICE |
| PREPAYMENT DISCOUNT |
| SCOPE OF SERVICES |
| HYDRAULIC ELEVATORS |
| MICROPROCESSOR CONTROL SYSTEM |
| POWER UNIT |
| HYDRAULIC SYSTEM ACCESSORIES |
| CAR EQUIPMENT |
| WIRING |
| HOISTWAY AND PIT EQUIPMENT |
| RAILS AND GUIDES |
| DOOR EQUIPMENT |
| MANUAL FREIGHT DOOR EQUIPMENT |
| POWER FREIGHT DOOR EQUIPMENT |
| SIGNALS AND ACCESSORIES |
| TRACTION ELEVATORS |
| MICROPROCESSOR CONTROL SYSTEM |
| GEARED/GEARLESS MACHINES |
| WIRING |
| CAR EQUIPMENT |
| HOISTWAY AND PIT EQUIPMENT |
| RAILS AND GUIDES |
| HOIST ROPES |
| DOOR EQUIPMENT |
| MANUAL FREIGHT DOOR EQUIPMENT |
| POWER FREIGHT DOOR EQUIPMENT |
| SIGNALS AND ACCESSORIES |
| ESCALATORS AND POWERWALKS CONTROL SYSTEM |
| DRIVE MACHINERY AND MOTOR EQUIPMENT |
| WIRING |
| HANDRAIL DRIVE SYSTEM |
| SAFETY SWITCH SYSTEM |
| GUIDANCE AND ALIGNMENT SYSTEMS |
| POWER WALKS |
| DRIVE MACHINERY AND MOTOR EQUIPMENT |
| WIRING |
| HANDRAIL DRIVE SYSTEM |
| SAFETY SWITCH SYSTEM |
| GUIDANCE AND ALIGNEMENT SYSTEMS |
| HOURS OF SERVICE |
| SERVICE REQUESTS (CALLBACKS) |
| TESTS |
| HYDRAULIC ELEVATOR |
| TRACTION ELEVATOR |
| ESCALATOR |
| EXCLUSIONS |
| GENERAL |
| OBSOLESCENCE |
| ELEVATOR |
| ESCALATOR AND POWERWALK |
| REMOTE MONITORING |
| SAFETY |
| NOTICE OF MALFUNCTION OR INJURY |
| THIRD PARTY SERVICES |
| NON-KONE EQUIPMENT |
| TERM AND TERMINATION (KONE’s base pricing is based upon a 5 year agreement but are not construed to override the government ability to award contracts) |
| ASSIGNMENT |
| PRICE ADJUSTMENTS |
| SUSPENSION OF SERVICE |
| TAXES |
| INDEMNIFICATION |
| LIMITATION OF LIABILITY |
| FORCE MAJEURE |
| VENUE |
| PROPERTY RIGHTS |
| MISCELLANEOUS |
| EXTENDED TERM DISCOUNT |
| Term Discount Accepted |
| QUANTITY DISCOUNT |
| Discount |
| OCCUPANCY DISCOUNT |
| MOTHBALL SERVICE |
File details come from the government source that posted it. Updated .