HomeMy WebLinkAboutFile Documents.315 E Hyman Ave.0011-2023-BCOM (16) Modernization Proposal TICApril 06, 2023
Purchaser: Location:
Address: Address:
TK Elevator Corporation (hereinafter"TK Elevator") is dedicated to delivering (hereinafter"Purchaser")the safest,
highest quality vertical transportation solutions. I am pleased to present this customized Proposal (the "Proposal") in
the amount of$210,483.75 inclusive of all applicable sales and use taxes to modernize the elevator equipment
described in the pages that follow at the above-referenced location.
Our modernization package is engineered specifically for your elevator system and will include the elevator mechanical
and electrical components being replaced, refurbished or retained.
Benefits of Modernization include:
• Increased durability and reliability
• Improved fire and life safety features
• Decreased waiting times
• Reduced energy consumption
• Reduced operational cost
• Reduced troubleshooting time
This Proposal shall remain in effect for the next thirty(30)days unless it is revoked earlier by TK Elevator in writing.
The price above is subject to escalation - even after Purchaser's acceptance of this Proposal - under certain
circumstances including TK Elevator being subjected to increased charges by its suppliers for any of the applicable
materials and/or components due to supply chain issues;the imposition of new or increased taxes,tariffs, or other
charges imposed by applicable governmental authorities;TK Elevator being subjected to increased charges from its
shippers and/or freight forwarders; any material called for in this Proposal being released into production more than 6
months following the written acceptance of this Proposal; or any work described in this Proposal is not completed by
December 31, 2023.
In the event you have any questions regarding the content of this Proposal, please do not hesitate to contact me.We
appreciate your consideration.
Sincerely,
William Donnelly
Sr Account Manager
wil liam.donnel ly@tkelevator.com
+1 615 8308235
RECEIVED
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ASPEN
BUILDING DEPARTMENT
Modernization Proposal TKESCOPE OF WORK
Grouping Name:Only Equipment Type: Hydraulic Speed:125 fpm
5 Stops(2 Front/3 Rear) Capacity: 2500 lbs.
Units Included
Building Address Nickname TKE Serial #
Only
Description of Work
Controller
- Car Riding Lantern (Standard)#4 S/S (441)
- Car Riding Lantern (Standard) REAR#4 S/S (441)
- Section 12 Price Adjustment
- Isolation Couplings
- 5 gallon drum of Biodegradable oil (Citgo NZ)
- 55 gallon drum of Biodegradable oil (Citgo NZ)
Power Unit
- Default Engravings
- GFI Outlet
- #4 Stainless Steel Finish (441)
- Door Open rear/ Door Close rear
- Emergency Light Test Button/Keyswitch
- Voice Annunciator(mounted in COP)
• Standard features only
• additional costs apply for custom features
- TAC Serial Boards (Main)
Jack
- Packing
- Fan:Two Speed
Car
- Overspeed Valve Kit for 2"(less than 150 GPM)
- Viscosity Control (Required over 150 FPM)
- Section 7 Price Adjustment
- MAX V2 Kit
- TAC 32 Controller(Includes Options listed below)
• 24 VDC Signal Voltage
• Auto Light and Fan Feature
• Car Independent Service
• Car Traveling Lantern Circuitry
• Door Bypass Operation
• Electronic Door Detector Interface
• Hoistway Access and Enable
• THY Board
- Solid State Starters(6 or 12 leads)230 VAC
- Battery Lowering in Controller
- Viscosity Control (Required over 150 FPM)
Hoistway RECEIVED
- Car Top Exit Switch
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BUILDING DEPARTMENT
Modernization Proposal Ma- Cab Wiring Material (200MK1)
- Micro Light 3D 2019 (Front)
- Micro Light 3D 2019 (Rear)
- LD-16 Plus Door Operator with Complete carside equipment(FRONT)
• includes Adapter kit(Tracks Et Hangars), Clutch (w/Car Door Lock latch Er contact), Er Car Top Inspection
station (w/alarm signal)
Pit
- Interior
- Packing
- Interior
Cab
- Interior
- EP-80 Power Unit(Submersible)
- 2"Shutoff Valve Kit(Pump)
Door Equipment
- Packing
- Interior
- Packing
- Packing
- eMax Monitoring Device Provisions
- Car Door(SSSS, #4 S/S(441))
- Car Door(SSSS, #4 S/S(441))
- Guide shoe mounting plates(set of 4- only with shoe purchase from tkE)
- Slide Guides for 8 -15 lb rails(set of 4)
- Crosshead data tag (for existing car slings)
- 21"Toe guard
Car Fixtures
- Serial Boards for Hoistway Access
- Fire Service Phase I Key Switch
- Fire Service Phase I Engraved Instructions
- 2"Shutoff Valve Kit(Pit)
- Pit Stop Switch
- Pit Ladder 16"Wide
- Interlock and Pick-up Assemblies for integral hoistway. Includes closers. Front
- Interlock/ Pick up Assemblies for existing Dover Operators. Includes closers. Front
- Interlock and Pick-up Assemblies for integral hoistway. Includes closers. Rear
- Interlock/ Pick up Assemblies for existing Dover Operators. Includes closers. Rear
- Section 22 Price Adjustment
- Main Car Station Includes Options Below
- • Applied Panel
- Vandal Resistant Floor Buttons
- Panel Screws
- Debranded Car Station (No Logo)
- Cast Braille Plates for Car Features
- Standard Key Switch Package
• Fan
• Light
• Independent
• Stop
• Inspection/Hoistway Enable)
- Emergency Light mounted in COP
- 2004 and later Fire Service Phase II Features(includes instructions signage) ��������
- Handicap Signal (Passing signal)
- Two-way Communication Position Indicator
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BUILDING DEPARTMENT
Modernization Proposal TIC- ADA Phone System integral with COP(Rath)
- Speaker Pattern for Intercom System/ADA Phone
- No Smoking (Verbiage Engraved on COP with Cast Symbol)
- Locked Service Cabinet
Hall Fixtures
- Packing
- Interior
- Packing
- Front Door Operator(SSSS)Additional Lead Time
- LD-16 Plus Door Operator with Complete carside equipment(REAR)
• includes Adapter kit(Tracks Et Hangars), Clutch (w/Car Door Lock latch Et contact)
- 3D Cabsafe Components Package(Front)
- Steel Tape with Mounting hardware, Selector and magnets(terminal limits included)
- Pipe Stands
- TAC 32 Field Friendly Wiring Package Includes single traveling cable, hoistway wiring, interlock wiring,
interlock connectors, and serial wiring.
- Section 18 Price Adjustment
- Car Identification Plate(Pair)
- Steel Tape with Mounting hardware, Selector and magnets(terminal limits included)
- Terminal Hall Stations (Surface Mounted)with
• Appendix 0(Polycarbonate insert flame)
• Fusion (#4 S/S(304))
MAX Link
"MAX Link" is a service by which TK Elevator will provide eligible Units,through a MAX Device,a cellular connection
for one or more of the following: Purchaser's in-car emergency video,text or audio communication equipment
compatible with such a connection (the "Communication Equipment")so long as that communication equipment
meets all applicable laws and codes. For units where TKE's VoIP analog telephone adapter is deployed, MAX Link
service will specifically include maintenance, repair or replacement of Purchaser's emergency analog telephone.
This proposal price includes the cost of MAX Link as outlined in the Service Agreement Exhibit for a period of twelve
(12) months following installation. Continued service is contingent on Owner's signed acceptance of an ongoing
Service Agreement which includes the pricing and scope for the ongoing application services.
In no event shall TK Elevator be liable or responsible to you or any other party for failure of a cellular connection,or for
receipt of the same by a MAX Device when such failure is due in whole or in part to a temporary or permanent failure
of any type of hardware, systems, networks or telecommunications infrastructure provided by you, or by your, or
by TK Elevator's third party service providers or by any other third party, or is due in whole or in part to any
circumstances beyond TK Elevator's reasonable control including, but not limited to, any of the following: acts of God,
flood,fire,wind, rain,water,soil movement, earthquake,explosion,virus, disease, unlawful cyber activity,vandalism,
abuse, misuse,war,terrorism, power outages, power fluctuations, and/or national or regional shortages of power or
telecommunication infrastructure.
1. Key Tasks and Approximate Lead Times
Key Tasks to be performed to be performed by Purchaser prior to equipment fabrication:
a. Execution of this Proposal
b. Payment for pre-production and engineering
c.Approval of layout(if applicable)
d. Execution of TK Elevator's Material Release Form
RECEIVED
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ASPEN
BUILDING DEPARTMENT
Modernization Proposal TICApproximate Durations/Lead Times
Contract execution Varies
(can run concurrently with layout drawing package preparation and approval)
Survey and Order Of Materials(additional time required for cab,signal,entrance preparation and approval,if 4- 6 Weeks
applicable)
Fabrication time 16 Weeks
(from receipt of all approvals,fully executed contract,Material Release Form and initial progress payment)
Modernization of elevator system (Per Unit): 8 -10 Weeks
(Upon completion of all required preparatory work by others)
The durations or lead times listed above are strictly approximations that can vary due to factors both within and
outside of TK Elevator's control, are subject to change without notice to Purchaser and shall not be binding on
TK Elevator.
2. Payment Terms
50%of the price set forth in this Proposal as modified by options selected from the section entitled "Value
Engineering Opportunities £r Alternates"(if applicable)will be due and payable as an initial progress payment within
30 days from TK Elevator's receipt of a fully executed copy of this Proposal.This initial progress payment will be
applied to project management, permits, engineering and shop drawings, submittals, drilling mobilization (if required)
and raw material procurement. Material will be ordered once this payment is received and the parties have both
executed this Proposal and the Material Release Form.
25%of the price set forth in this Proposal as modified by options selected from the section entitled "Value
Engineering Opportunities Ft Alternates"(if applicable)shall be due and payable when the material described above
has been furnished. Material is considered furnished when it has been received at the jobsite or TK Elevator staging
facility.Supporting documentation of materials stored shall be limited to stored materials certificates of insurance and
bills of lading. Receipt of this payment is required prior to mobilization of labor.
25%of the price set forth in this Proposal shall be made as pro ress payments throughout the life of the project. In
the event TK Elevator fails to receive payment within thirty(30))days of the date of a corresponding invoice,
TK Elevator reserves the right to demobilize until such a time that the payments have been brought up to date, and
TK Elevator has the available manpower.
It is agreed that there will be no withholding of retainage from any billing and by the customer from any payment.
The payment terms breakdown above shall be considered the Schedule of Values for the project as written. Billing
shall be submitted on or before the 25th day of the month according to the payment schedule above and
accompanied by a form of G702-703 pay application/schedule of values and a conditional waiver,the format of which
is hereby acknowledged and accepted.
The use of online Portals for the submission of billing shall follow the terms of the Proposal and Customer agrees to
permit billing in accordance with the executed contract terms. Portal access and usage is to be provided free of
additional charge to TK Elevator and any additional cost for such use is to be reimbursed to TK Elevator via a
reimbursable change order immediately upon acceptance.
Purchaser agrees that TK Elevator shall have no obligation to complete any steps necessary to provide Purchaser with
full use and operation of the installed equipment until such time as TK Elevator has been paid 100% both of the price
reflected in this Proposal and for any other work performed by TK Elevator or its subcontractors in furtherance of this
Proposal. Purchaser agrees to waive any and all claims to the turnover and/or use of that equipment until such time as
those amounts are paid in full.
RECEIVED
2023-2-1486083 I ACIA-22XYISD I April 06, 2023 0 4/10/2 0 2 3
ASPEN
BUILDING DEPARTMENT
Modernization Proposal TICProposal price: $210,483.75
Initial progress payment: (50%) $105,241.88
Material furnished: (25%) $52,620.94
Total of remaining progress (25%) $52,620.94
payments:
Any work that Purchaser may require prior to turnover of the equipment that is outside of the scope described in this
Proposal - other than Temporary Use as described below-will be performed only after the full execution of a mutually
agreeable change order and only at the following rates:
Mechanic(Standard) per hour $293.00
Mechanic (OT) per hour $545.00
Team (Standard) per hour $527.00
Team (OT) per hour $981.00
Rates are not inclusive of any per diem, mileage or other expenses which may be dependent on jobsite location.
3.Warranty
TK Elevator warrants any equipment it installs as described in this Proposal against defects in material and
workmanship for a period of one(1)year from the date of Purchaser's execution of TK Elevator's"Final Acceptance
Form"on the express conditions that all payments made under this Proposal and any mutually agreed-to change
orders have been made in full and that such equipment is currently being serviced by TK Elevator. In the event that
TK Elevator's work is delayed for a period greater than six(6) months,the warranty shall be reduced by the amount of
the delay.This warranty is in lieu of any other warranty or liability for defects.TK Elevator makes no warranty of
merchantability and no warranties which extend beyond the description in this Proposal, nor are there any other
warranties,expressed or implied, by operation of law or otherwise. Like any piece of fine machinery,the equipment
described in this Proposal should be periodically inspected, lubricated, and adjusted by competent personnel.This
warranty is not intended to supplant normal maintenance service and shall not be construed to mean that
TK Elevator will provide free service for periodic examination, lubrication, or adjustment, nor will TK Elevator correct,
without a charge, breakage, maladjustments,or other trouble arising from normal wear and tear or abuse, misuse,
improper or inadequate maintenance, or any other causes other than defective material or workmanship. In order to
make a warranty claim, Purchaser must give TK Elevator prompt written notice at the address listed on the cover page
of this Proposal and provided all payments due under the terms of this Proposal and any mutually agreed to written
change orders have been made in full,TK Elevator shall, at its own expense, correct any proven defect by repair or
replacement.TK Elevator will not, under any circumstances, reimburse Purchaser for cost of work done by others, nor
shall TK Elevator be responsible for the performance of any equipment that has been the subject of service, repair,
replacement, revisions or alterations by others. If there is more than one(1) unit which is the subject of work described
in this Proposal,this section shall apply separately to each unit as accepted.
4. Preventative Maintenance Program
This Proposal does not include any maintenance, service, repair or replacement of the equipment or any other work
not expressly described herein.TK Elevator may submit a separate proposal to Purchaser covering the maintenance
and repair of this equipment to be supplied to Purchaser at an additional cost. In the event the Purchaser and TK
Elevator have a new or existing maintenance Agreement in effect at the time of the acceptance of this proposal and/or
during the scope of this work,the terms of the Agreement shall remain in full force and effect throughout the
performance of this scope of work and continue throughout the duration of the stated term in that Agreement.
5.Work Not Included
There are certain items that are not included in this Proposal, many of which must be completed by Purchaser prior`to
and as a condition precedent to TK Elevator's performance of its work as described in this Proposal. Ink- ler to eni'uror j fir,
2023-2-1486083 I ACIA-22XYISD I April 06, 2023 0 4/10/2 0 2 3
ASPEN
BUILDING DEPARTMENT
ModernizationProposal TICa successful completion of this project, it shall be solely Purchaser's responsibility to coordinate its own completion of
those items with TK Elevator.The following is a list of those items that are not included in this Proposal:
A. Hoistways and Equipment Rooms
1. Purchaser shall provide the following:
a.A dry legal hoistway, properly framed and enclosed, and including a pit of proper depth and overhead.This is to
include steel safety beam, inspection or access platforms, access doors, sump pump, lights,waterproofing and
venting as required; dewatering of pit(s)and required permanent screening/
b.A dry legal machine/control room,with clear rollable access adequate for the elevator equipment, including
floors,trap doors, properly sized legal machine room doors, gratings, machine room or roof access platforms,
roof/loading protection, ladders, railings,foundations, all hoist beams, lighting,ventilation sized per the
TK Elevator shop drawings and/or code requirements. Purchaser must maintain machine/control room
temperature between 55 and 90 degrees Fahrenheit,with relative humidity less than 95% non-condensing at all
times.
c.Adequate bracing of entrance frames to prevent distortion during wall construction.
d.All grouting,fire caulking, cutting,x-ray and removal of walls and floors, patching, coring, setting of sleeves/
knockouts, penetrations and painting (except as specified)and removal of obstructions required for elevator
work; along with all proper trenching and backfilling for any underground piping and/or conduit.
e.All labor and materials necessary to support the full width of the hoistway at each landing for anchoring or
welding TK Elevator sill supports, steel angles,sill recesses;
f.The furnishing, installing and maintaining of the required fire rating of elevator hoistway walls, including the
penetration of firewall by elevator fixture boxes;
g. Ensuring that the elevator hoistways and pits are dewatered, cleaned and properly waterproofed;
B. Electrical and Life Safety:
1. Purchaser shall provide a dedicated, analog telephone or data line to the elevator telephone or communication
device; one additional data line per group of elevators for diagnostic capability wired to designated controller;
This Proposal includes the installation of an in-car emergency elevator communication system for the benefit of
the deaf, hard of hearing and speech impaired (the "Multimedia Equipment") in accordance with the current
applicable requirements of both the International Building Code and ASME A17.1. Purchaser shall provide one
permanent 110V 20 amp circuit with all piping and wiring to controller for the emergency elevator communication
system.This Proposal does not, however, include the monitoring of any communications to and from that
Multimedia Equipment and Purchaser(and any end user of the units)expressly acknowledge that it is solely their
responsibility to ensure that any and all such communications are appropriately monitored in accordance with all
applicable rules,codes, statutes and/or laws as a condition precedent to turnover of the units including but not
limited to a modem and internet connection and a minimum of four(4) hours of battery backup for all
communications.
2. Purchaser shall provide the following:
a. suitable connections from the power main to each controller and signal equipment feeders as required,
including necessary circuit breakers and fused mainline disconnect switches per N.E.C. prior to installation.
Suitable power supply capable of operating the new elevator equipment under all conditions;
b. piping and wiring to controller for mainline power, car lighting, and any other building systems that interface
with the elevator controls per N.E.C.Articles 620-22 and 620-51;
c. any required hoistway/wellway, machine room, pit lighting and/or 110v service outlets;
d. conduit and wiring for remote panels to the elevator machine room(s)and between panels. Remote panels
required by local jurisdictions are not included in this proposal;
e.a bonded ground wire, properly sized,from the elevator controller(s)to the primary building ground; and all
remote wiring to the outside alarm bell as requested by all applicable code provisions;
f. installed sprinklers, smoke/heat detectors on each floor, machine room and hoistways/wellways,shunt trip
devices(not self-resetting)and access panels as may be required as well as normally open dry contacts for
smoke/heat sensors,which shall be terminated by Purchaser at a properly marked terminal in the elevator
controller;
g.a means to automatically disconnect the main line and the emergency power supply to the elevator prior to the
application of water in the elevator machine room that shall not be self-resetting;
h. emergency power supply including automatic time delay transfer switch and auxiliary contacts with wiring to
the designated elevator controller and along with electrical cross connections between elevator machine rooms
for emergency power purposes;
i.the following emergency power provisions are not included: interface in controller, pre-testing and testing,
emergency power keyswitches; •E+- a i j yr ;
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BUILDING DEPARTMENT
ModernizationProposal TICj. emergency power operation is included as part of the design of the elevator control system and based on each
car in the group only,to properly sequence, one at a time to the programmed landing,and park. The design
requires that the generator,transfer switch, and related circuitry are sufficient to run this function or any other
function for any building other system that is associated with this project. In the event that the generator,
transfer switch, and related circuitry are not sufficient,TK Elevator will provide Purchaser with a written change
order for Purchaser's execution.
k. a dry set of contacts which close 20 seconds prior to the transfer from normal power to emergency power or
from emergency power to normal power whether in test mode or normal operating conditions in the event that an
emergency power supply will be provided for the elevator;
I. confirmation that the emergency standby power generator and/or building can accept the power generated to
and from the elevator during both Hi-Speed and Deceleration. In cases where the generator and/or building load
is not electrically sized to handle the power return from the regen drive, additional separate chopper and resistor
units are available for purchase but not included in this proposal.The additional chopper and resistor units allow
regenerated power to be dissipated in the resistor bank and not sent back into the building grid.
C. Miscellaneous:
1. Purchaser shall provide all work relating to the finished cab flooring including, but not limited to,the provision of
materials and its installation to comply with all applicable codes;
2. Hydraulic jack replacement:
a.the excavation of the elevator cylinder well hole in the event drilling is necessary through soil that is not free
from rock, sand,water, building construction members and obstructions.Should obstructions be encountered,
TK Elevator will proceed only after written authorization has been received from the Purchaser.The contract
price shall be increased by the amount of additional labor at TK Elevator's standard labor rates as per the local
office along with any additional expenses and materials required;
b. adequate ingress and egress, including ramping,for rail-mounted or truck-mounted drill rig;
c. Purchaser is responsible for pumping truck contractor to remove and dispose of spoils from the site. In the
event that unforeseen and unfavorable below ground conditions are encountered, including but not limited to
concrete around the cylinder, construction debris, adverse water and/or soil conditions, erosion, cavitations, oil
contamination, or circumstances necessitating increased hole depth, etc.,which require the employment of
specialized contractors,TK Elevator shall immediately advise the Purchaser and costs will be extra to the
contract;
d. in ground protection systems other than TK Elevator's standard HDPE or PVC protection system with
bottomless corrugated steel casing;
e.any required trenching and backfilling for underground piping or casings, and conduit as well as any
compaction,grouting, and waterproofing of block-out;
f. engineering, provision and installation of methane barriers or coordination/access;
g.access to 2" pressurized water supply within 100'-0"of the jack hole location;
h. a safe, accessible storage area for placement of D.O.T. 55 gallon containers for the purpose of spoils
containment; obtaining of local environmental or disposal permits
i. any spoils or water testing;
6.Working Hours, Logistics and Mobilization
a.All work described in this Proposal shall be performed during TK Elevator's regular working days - defined as
Monday thru Friday and excluding IUEC recognized holidays - and regular working hours - defined as those
hours regularly worked by TK Elevator modernization mechanics at the TK Elevator branch office that will provide
labor associated with the performance of the work described in this Proposal - unless otherwise specified and
agreed to in writing by both TK Elevator and Purchaser(hereinafter TK Elevator's regular working days and
regular working hours shall be collectively defined as "normal working hours"). TK Elevator shall be provided with
uninterrupted access to the elevator hoistway and machine room areas to perform work during normal working
hours.
b. Purchaser shall provide on-site parking to all TK Elevator personnel at no additional cost to TK Elevator.
c. Purchaser shall provide traffic control, lane closures, permits and flagmen to allow suitable access/unload of
tractor trailer(s).
d. Purchaser agrees to provide unobstructed tractor-trailer access and roll-able access from the unloading area to
the elevator or escalator hoistways or wellways(as applicable).
e. Purchaser will be required to sign off on the Material Release Form,which will indicate the requested delivery
date of equipment to the site. If Purchaser is not ready to accept delivery of the equipment within ten (10)
business days of the agreed upon date, Purchaser will immediately make payments due for equipment and;,
designate an area adjacent to the elevator shaft where Purchaser will accept delivery. If Purchaser fails to;pi-o\'rde
this location or a mutually agreeable alternative,TK Elevator is authorized to warehouse the equipment at the TK
2023-2-1486083 I ACIA-22XYISD I April 06, 2023 04/10/2 023
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BUILDING DEPARTMENT
ModernizationProposal TICElevator warehouse or designated distribution facility at Purchaser's risk and expense. Purchaser shall reimburse
TK Elevator for all costs due to extra handling and warehousing.Storage beyond ten (10) business days will be
assessed at a rate of$100.00 per calendar day for each unit listed in this Proposal,which covers storage and
insurance of the elevator equipment and is payable prior to delivery.
f. Purchaser agrees to provide a dry and secure area adjacent to the hoistway(s)at the ground level for storage of
the elevator equipment and tools within ten (10) business days from receipt at the local TK Elevator warehouse.
Any warranties provided by TK Elevator for vertical transportation equipment will become null and void if
equipment is stored in any manner other than a dry, enclosed building structure.Any relocation of the equipment
as directed by Purchaser after initial delivery will be at Purchaser's expense.
g.TK Elevator includes one mobilization to the jobsite.A mobilization fee of$5,000.00 per crew per occurrence
will be charged for pulling off the job or for any delays caused by others once material has been delivered and TK
Elevator's work has commenced.
h.Access for this project shall be free and clear of any obstructions.A forklift for unloading and staging material
shall also be provided by Purchaser at no additional cost.
i. Purchaser shall provide an on-site dumpster.TK Elevator will be responsible for cleanup of elevator/escalator
packaging material; however, composite cleanup participation is not included in this Proposal.
j.The hiring of a disposal company which MUST be discussed prior to any material being ordered or work being
scheduled.TK Elevator will provide environmental services ONLY if this is specifically included under the "Scope
of Work"section above.TK Elevator assumes no responsibility and/or liability in any way whatsoever for spoils or
other contamination that may be present as a result of the cylinder breach and/or other conditions present on the
work site.
k. One or more of the units described in this Proposal will be out of service and unavailable to move passengers
and/or property during entire duration of the performance of the work described in this Proposal until re-certified
by the applicable authority(ies) having jurisdiction and in good standing with payment schedules.
I. If site specific rules and regulations classify the elevator pit as confined space, elevator pits will need to
reclassify a permit-required space to a non-permit required space prior to mobilization.
7.Temporary Use, Inspection and Turnover
a. Unless required by specification,TK Elevator will not provide for"temporary use" of the elevator(s) described
in this Proposal prior to completion and acceptance of the complete installation.Temporary use shall be agreed
to via a change order to this Proposal which shall require Purchaser's execution of TK Elevator's standard
Temporary Use Agreement. Cost for temporary use of an elevator shall be$200.00 per calendar day per
hydraulic elevator and$250.00 per calendar day for each traction elevator for rental use only, excluding
personnel to operate.All labor and parts, including callbacks required during the temporary use period will be
billed at TK Elevator's standard local billing rates. In the event that an elevator must be provided for temporary
use,TK Elevator will require 30 days to perform final adjustments and re-inspection after the elevator has been
returned to TK Elevator with all protection, intercoms and temporary signage removed.This duration does not
include any provisions for finish work or for repairs of same,which shall be addressed on a project-by-project
basis. Cost for preparation of controls for temporary use, refurbishment due to normal wear and tear,
readjustment and re-inspection is$5,000.00 per elevator up to 10 floors. For projects above 10 stops, an
additional cost of$1,500.00/10 floors shall apply.These costs are based on work performed during normal
working hours.Temporary use excludes vandalism or misuse.Any required signage, communication devices,
elevator operators, and protection are not included while temporary use is being provided.All overtime premiums
for repairs during the temporary use period will be billed at TK Elevator's local service billing rates.
b.The Proposal price set forth above includes one(1) inspection per unit by the applicable authority having
jurisdiction if required by the government of the locality where the equipment is located. In the event the
equipment fails that inspection due to no fault of TK Elevator,TK Elevator will charge Purchaser for both the cost
of each re-inspection which shall be$1,500.00 and a remobilization fee which shall be$5,000.00 via change
order prior to scheduling a re-inspection.
c. Upon notice from TK Elevator that the installation and/or modernization of the equipment is complete,
Purchaser will arrange to have present at the jobsite a person authorized to make the final inspection and to
execute TK Elevator's "Final Acceptance Form."The date and time that such person will be present at the site
shall be mutually agreed upon but shall not be more than ten (10) business days after the date of TK
Elevator's notice of completion to Purchaser unless both TK Elevator and Purchaser agree to an extension of that
ten (10) day period in writing. Such final inspection and execution of TK Elevator's"Final Acceptance Form"shall
not be unreasonably delayed or withheld.
d.Should the Purchaser or the local authority having jurisdiction require TK Elevator's presence at the inspection
of equipment installed by others in conjunction with the work described in this Proposal, Purchaser agrees to
compensate TK Elevator for its time at TK Elevator's current billing rate as posted at its local office.
e.At the conclusion of its work,TK Elevator will remove all equipment and unused or removed materials‘frdm fthq
project site and leave its work area in a condition that, in TK Elevator's sole opinion, is neat and clear I'
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ModernizationProposal TICf. Purchaser agrees to accept a live demonstration of equipment's owner-controlled features in lieu of any
maintenance training required in the bid specifications.
g. Purchaser agrees to accept TK Elevator's standard owner's manual in lieu of any maintenance, or any other,
manual(s) required in the bid specifications.
8. MAX
MAX is a cloud based Internet of Things(loT) platform that we, at our election, may connect to your elevators and
escalators by means of installation of a remote-monitoring device or modem (each a "device"). MAX will analyze the
unique signal output of your equipment 24/7 and when existing or potential outages are identified, MAX will
automatically communicate with our dispatch centers. When appropriate,the dispatch center will alert our
technicians during normal working hours.These MAX alerts provide the technician with precise diagnostics detail,
which greatly enhances our ability to fix your equipment right the first time, MAXimizing the equipment uptime.
a. Purchaser authorizes TK Elevator and its employees to access purchaser's premises to install, maintain and/or
repair the devices and, upon termination of the service agreement,to remove the same from the premises if we
elect to remove.
b.TK Elevator is and shall remain the sole owner of the devices and the data communicated to us by the devices.
The devices shall not become fixtures and are intended to reside where they are installed.TK Elevator may
remove the devices and cease all data collection and analysis at any time.
c. If the service agreement between TK Elevator and Purchaser is terminated for any reason,TK Elevator will
automatically deactivate the data collection,terminate the device software and all raw data previously received
from the device will be removed and/or expunged or destroyed.
d. Purchaser consents to the installation of the devices in your elevators and to the collection, maintenance, use,
expungement and destruction of the daily elevator data as set forth in this agreement.
e.The devices installed by TK Elevator contain trade secrets belonging to us and are installed for the use and
benefit of our personnel only.
f. Purchaser agrees not to permit purchaser personnel or any third parties to use, access,tamper with, relocate,
copy, disclose, alter,destroy, disassemble or reverse engineer the device while it is located on purchaser's
premises.
g.The installation of this equipment shall not confer any rights or operate as an assignment or license to you of
any patents, copyrights or trade secrets with respect to the equipment and/or any software contained or
imbedded therein or utilized in connection with the collection, monitoring and/or analysis of data.
9.Additional Terms and Conditions
a. In no event shall TK Elevator be responsible for liquidated, consequential, indirect, incidental, exemplary, and
special damages associated with the work described in this Proposal.
b.This Proposal is made without regard to compliance with any special purchasing, manufacturing or
construction/installation requirements including, but not limited to,any socio-economic programs,such as small
business programs, minority or woman owned business enterprise programs, or local preferences,any restrictive
sourcing programs, such as Buy American Act,or any other similar local,state or federal procurement regulations
or laws that would affect the cost of performance.Should any such requirements be applicable to the work
described in this Proposal,TK Elevator reserves the right to modify this Proposal or rescind it altogether.
c.TK Elevator is an equal opportunity employer.
d.TK Elevator's performance of the work described in this Proposal is contingent upon Purchaser furnishing TK
Elevator with any and all necessary permission or priority required under the terms and conditions of government
regulations affecting the acceptance of this Proposal or the manufacture, delivery or installation of the
equipment.All applicable sales and use taxes, permit fees and licenses imposed upon TK Elevator as of the date
of the Proposal are included in the price of the Proposal. Purchaser is responsible for any additional applicable
sales and use taxes, permit fees and licenses imposed upon TK Elevator after the date of the Proposal or as a
result of any law enacted after the date of the Proposal.
e.All taxes,tariffs, duties, permit and/or license fees imposed upon TK Elevator as of the date of the execution of
this Proposal are included in the price of the Proposal. After the date of acceptance of this Proposal and in
addition to the Proposal price, Purchaser is also responsible to pay TK Elevator for any new(or any increase in):
(1)applicable taxes,tariffs,duties, permit and/or license fees; (2)charges from its suppliers for any of the
applicable materials and/or components: (A)due to supply chain issues,the imposition of new or increased taxes,
tariffs, or other charges by applicable governmental authorities; (B) if the release of materials called for in this
Proposal occurs after the mileston mentioned earlier in this Proposal; and/or(C) if the completion of work called
for in this Proposal occurs after the milestone mentioned earlier in this Proposal; and/or(3) char es fro T IVED
Elevator's shippers and/or freight forwarders. E
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ModernizationProposal TICf. Purchaser agrees to provide TK Elevator's personnel with a safe place in which to work and TK
Elevator reserves the right to discontinue work at the jobsite whenever, in TK Elevator's sole opinion,this
provision is being violated.
g.The pricing set forth in this Proposal assumes that the elevator pits will not be classified as a confined space.
TK Elevator will follow its standard safety policy and procedures. Any job specific safety requirements over and
above TK Elevator's standard practices and policies may require additional costs.
h.TK Elevator will furnish and install all equipment in accordance with the terms, conditions,scope and
equipment nomenclature as noted herein. Requested changes or modifications to such provisions will require a
written change order issued on the Purchaser's letterhead and accepted by TK Elevator in writing prior to the
execution of such work.This change order shall detail the current contract price,the amount of the change, and
new contract value.
i.This Proposal does not include a schedule for the work described and any such schedule shall be mutually
agreed upon by an authorized representative of both TK Elevator and Purchaser in writing before becoming
effective.
j. In the event asbestos material is knowingly or unknowingly removed or disturbed in any manner at the jobsite,
Purchaser shall monitor TK Elevator's work place and prior to and during TK Elevator's manning of the job,
Purchaser shall certify that asbestos in the environment does not exceed .01 fibers per cc as tested by NIOSH
7400. In the event TK Elevator's employees or those of TK Elevator's subcontractors are exposed to an asbestos
hazard, PCP's, lead or other hazardous substances, Purchaser agrees,to the fullest extent permitted by law,to
indemnify, defend, and hold TK Elevator harmless from all damages, claims, suits, expenses, and payments
resulting from such exposure. Identification, notification, removal and disposal of asbestos containing material,
PCP's lead or other hazardous substances are the responsibility of the Purchaser.
k.TK Elevator retains title to and a security interest in all equipment it supplies -which TK Elevator and
Purchaser agree can be removed without material injury to the real property- until all payments including
deferred payments and any extensions thereof, are made. In the event of any default by Purchaser on any
payment, or any other provision of this Proposal,TK Elevator may take immediate possession of the equipment
and enter upon the premises where it is located -without legal process - and remove such equipment or portions
thereof, irrespective of the matter of its attachment to the real estate or the sale, mortgage or lease of the real
estate. Pursuant to the Uniform Commercial Code, and at TK Elevator's request, Purchaser agrees to execute any
financial or continuation statements which may be necessary for TK Elevator to file in public offices in order to
perfect TK Elevator's security interest in such equipment.
I.TK Elevator reserves the right to assign payments owed to TK Elevator under this Proposal.
m.TK Elevator shall not be liable for any loss, damage or delay caused by acts of government, labor troubles,
strikes, lockouts,fire,explosion,theft,floods, riot, civil commotion,war, malicious mischief, acts of God or any
cause beyond its control.
n.The rights of TK Elevator under this Proposal shall be cumulative and the failure on the part of the TK
Elevator to exercise any rights hereunder shall not operate to forfeit or waive any of said rights.Any extension,
indulgence or change by TK Elevator in the method, mode or manner or payment or any of its other rights shall
not be construed as a waiver of any of its rights under this Proposal.
o. In the event TK Elevator engages a third party to enforce the terms of this Proposal, and/or to collect payment
due hereunder, either with or without suit, Purchaser agrees to pay all costs thereof together with reasonable
attorney's fees. Purchaser does hereby waive trial by jury and does hereby consent to the venue of any
proceeding or lawsuit under this Proposal to be in the county where the work covered by this Proposal is located.
p.TK Elevator can furnish Certificate of Workers' Compensation, Bodily Injury and Property Damage Liability
Insurance coverage to Purchaser upon written request.
q.Should loss of or damage to TK Elevator's material,tools or work occur at the project site, Purchaser shall
compensate TK Elevator for such loss, unless such loss or damage results from TK Elevator's own acts or
omissions.
r. Purchaser, in consideration of TK Elevator performing the services set forth in this Proposal,to the fullest
extent permitted by law expressly agrees to indemnify, defend,save harmless, discharge, release and forever
acquit TK Elevator Corporation,TK Elevator Manufacturing, Inc.,their respective employees,officers, agents,
insurers, affiliates, and subsidiaries(hereinafter singularly a "TK Elevator party"and collectively the "TK
Elevator parties")from and against any and all claims, demands, suits, and proceedings for loss, property damage
(including damage to the equipment which is the subject matter of this Proposal), personal injury or death that
are alleged to either have arisen out of or be connected with the sale, marketing, presence, use, misuse,
maintenance, installation, removal, modernization, manufacture, design, operation or condition of the equipment
that is the subject matter of this Proposal or the labor and materials furnished in connection with this Proposal.
Purchaser's duty to indemnify a TK Elevator party does not apply to the extent that the loss, property damage
(including damage to the equipment which is the subject matter of this Proposal), personal injury or death is
determined to be caused by or resulting from the negligence of that TK Elevator party. Purchaser recognizes that,
its obligation to defend the TK Elevator parties under this clause,which is separate and apart from itdutyto I
indemnify the TK Elevator parties, includes payment of all attorneys'fees, court costs,judgments, settlement's, .,fir`
interest and any other expenses of litigation arising out of such claims, demands, suits or proceedings.
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ModernizationProposal TICs. Purchaser further expressly agrees to name Tk Elevator Corporation and TK Elevator Manufacturing, Inc.along
with their respective officers, agents, affiliates and subsidiaries as additional insureds in Purchaser's liability and
any excess(umbrella) liability insurance policy(ies). Such insurance must insure TK Elevator Corporation and TK
Elevator Manufacturing, Inc.for those claims and/or losses referenced in the above paragraph and those claims
and/or or losses arising from the negligence of TK Elevator Corporation and TK Elevator Manufacturing, Inc.
Such insurance must specify that its coverage is primary and non-contributory. Purchaser hereby waives its right
of subrogation.
t.TK Elevator's participation in any controlled insurance program is expressly conditioned upon review and
approval of all controlled insurance program information and documentation prior to enrollment.Any insurance
credits if applicable,will be provided at that time.
u. Unless so mutually agreed upon in a separate signed agreement,TK Elevator shall not be required to interact or
correspond with any third party with whom Subcontractor is not in privity of contract concerning matters
pertinent to this Agreement.
v.The Purchaser must inform TK Elevator if Purchaser is, or becomes, an individual or entity that is - or that is
majority owned or controlled by a party that is - included on any list of restricted parties maintained by(i)the
United States of America; (ii)the United Nations; (iii)the European Union or any EU member state; (iv)the UK; or
(v)any other national authority binding the parties of this contract.
In case the Purchaser, or any other beneficiary of this transaction, e.g.the end-user, is or becomes an individual
or entity that is - or that is majority owned or controlled by a party that is - included on any list of restricted
parties,TK Elevator reserves the right to cancel this Proposal immediately.
If the goods subject to this Proposal would be exported, re-exported, resold, used,transferred or otherwise
disposed of in violation of any sanctions applicable to TK Elevator,TK Elevator also reserves the right to cancel
this Proposal immediately. In this respect,the Purchaser shall be obliged to disclose the final delivery address,
end-user and end-use of the goods upon request- insofar as legally permissible - and to notify TK Elevator of all
circumstances that indicate an aforementioned infringement.
"Sanctions" means here any economic,trade or financial sanctions, laws, regulations, embargoes or restrictive
measures imposed, enacted,administered or enforced by any Sanctions Authority. "Sanctions Authority" means
(i)the US;(ii)the UN Security Council;(iii)the EU and any EU member state;(iv)the UK; or(v)any governmental
institutions of any of the foregoing which administer Sanctions, including HM Treasury, OFAC,the US State
Department and the US Department of the Treasury.
RECEIVED
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Modernization Proposal TICAcceptance
Purchaser's acceptance of this Proposal and its approval by an authorized manager of
TK Elevator will constitute exclusively and entirely the agreement between the parties for the goods
and services herein described and full payment of the sum of Two Hundred Ten Thousand Four
Hundred Eighty Three Dollars and Seventy Five Cents($210,483.75) inclusive of all applicable sales
and use taxes.
All other prior representations or regarding this work,whether written or verbal,will be deemed to be
merged herein and no other changes in or additions to this Proposal will be recognized unless made in
writing and properly executed by both parties as a change order.Should Purchaser's acceptance be in
the form of a purchase order or other similar document,the provisions of this Proposal will exclusively
govern the relationship of the parties with respect to this transaction. No agent or employee shall have
the authority to waive or modify any of the terms of this Proposal without the prior written approval of
an authorized TK Elevator manager.
TK Elevator Corporation Management Approval
(Purchaser):
By: By:
(Signature of Authorized Individual) (Signature of Branch Representative)
Greg Woods
Gregory Rao
(Print or Type Name) Branch Manager
(Print or Type Title)
(Date of Acceptance) (Date of Execution)
RECEIVED
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Service Agreement Exhibit TICMAX Link
TK Elevator will provide those Units specified in the chart below,through a MAX Device,with a cellular connection for
one of more of the following: Purchaser's in-car emergency video,text or audio communication equipment compatible
with such a connection (the "Communication Equipment")for the duration of this Agreement so long as that
communication equipment meets all applicable laws and codes. For units where TKE's VoIP analog telephone adapter
is deployed, MAX Link service will specifically include maintenance, repair or replacement of Purchaser's emergency
analog telephone.
Building Name Equipment Type Nickname
Hydraulic Only
In no event shall TK Elevator be liable or responsible to you or any other party for failure of a cellular connection,or for
receipt of the same by a MAX Device when such failure is due in whole or in part to a temporary or permanent failure
of any type of hardware, systems, networks or telecommunications infrastructure provided by you, or by your, or
by TK Elevator's third party service providers or by any other third party, or is due in whole or in part to any
circumstances beyond TK Elevator's reasonable control including, but not limited to, any of the following: acts of God,
flood,fire,wind, rain,water,soil movement, earthquake,explosion,virus, disease, unlawful cyber activity,vandalism,
abuse, misuse,war,terrorism, power outages, power fluctuations, and/or national or regional shortages of power or
telecommunication infrastructure.
RECEIVED
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