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Carnwath Farms- Elevator Maintenance ContractRESOLUTION NO. 2004-232 RESOLUTION AUTHORIZING EXECUTION OF ELEVATOR MAINTENANCE CONTRACT FOR CARNWATH FARMS At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 26th day of July, 2004, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Council Members - Robert L. Valdati Vincent F. Bettina Joseph Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Mr and seconded by Ms. McCarthy WHEREAS, KONE, Inc. has submitted a repair proposal dated July 15, 2004 totaling Four Thousand, Six Hundred and Ninety One Dollars and 60/100 Dollars ($4,691.60) to the attention of Fire Inspector Mark Liebermann of the Town of Wappinger Fire Prevention Bureau detailing elevator safety inspection tests proposed to be performed on the elevator located at the Greystone Estate (Carnwath Estate), a copy of which is attached hereto as Schedule "A"; and WHEREAS, Fire Inspector Liebermann has reviewed the safety test inspection proposal and approves of same; and WHEREAS, the proposed Agreement is exempt from the competitive bidding requirements of §103 of General Municipal Law as well as the Town of Wappinger Procurement C. -Documents and SettingstiCina.WAPPINGERlocal SettingslTemporary Internet FileslOLK1A1Carnwath- ElevatorAgmt doc y Policy pursuant to Town Code §§46-3(B)(1) and 46-3(B)(3) as this is a sole source situation and the service provided is a professional service subject to state licensing and/or testing requirements that requires substantial formal training; and WHEREAS, the Town Board determines that the execution of the elevator safety test inspection proposal is a Type II action pursuant to 6 NYCRR 617.5(c)(20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board determines that it is in the best interest of the citizens of the Town of Wappinger to enter into the Elevator Safety Test Inspection Agreement between the Town of Wappinger, Dutchess County, State of New York and KONE, Inc. with its office located at 25 Post Road, Albany, New York. 3. The Town Board hereby agrees to enter into and be bound by the terms of the above -referenced Elevator Safety Test Inspection Agreement and hereby authorizes Town Supervisor, Joseph Ruggiero, Deputy Supervisor, Joseph P. Paoloni, or any member of the Town Board to execute the proposed Agreement in substantially the same form as attached hereto as Schedule "A". The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye JOSEPH P. PAOLONI, Deputy Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye C.-Ooc=ents and Settings4Gina. WAPPINGEMLocal SettingslTemporary Internet FileslOLKIAICarnwath- Elevator Agmt.doc VINCENT F. BET -TINA, Councilman Voting _ A*p MAUREEN MCCARTHY, Councilwoman Voting Aye Dated: Wappingers Falls, New York The Resolutio is hereby July 26, 2004 B G -0 -RIA MORSE, TOV C: (Documents and Settingsl Gina. WAPPMGERILocal Setdngsl Temporary Internet FilesIOLKIAICarnwath- Elevator Agmt.doc adopted. 07/15/2004 14:313 FAX 518404OU14 KUNE INC: igiuu1 KONE Inc. Rl palr Proposal 7/15/2004 Town of Wappinger Fire Prevention Bureau 20 Middlebush Road Wappingers Falls, NY 12590 M&EM D JUL 16 2004 FIRE INSPECTOR TOWN OF WAPPINGER KONE Inc. 25 POST ROAD ALBANY, NY 12205 Tel 518.464.0002 Fax 518.464, 0014 www.kone.com ATTN: MR. MARK LIESERMANN ANGELA..IORDAN@kone.com 5 -Year Traction Elevator Safety Test Inspggiogn Prooral Inspection test(s) will be performed on the ELEVATOR LOCATED AT THE GRAYSTONE HOUSE- KONE Inc. (hereinafter referred to as KONE) proposes to pedarm the following tests .ort Purchaser's elevator(s) in line with the standards set forth and required per Section 1002.3, ANSI A17.1. If test results show parts needing replacement or repair, a separate quotation will be prepared for Purchaser's authorization. This proposal covers only the inspection test as outlined below. CAR SAFETIES 1002.3a - Inspect guide clearance, determine all working parts of the car safeties are in satisfactory operating condition, hand test to see safeties operate simultaneously with equal travel. Place rated load in car, center on each quarter of the platform symmetrically with relation to the centerline of the platform. Run elevator at rated speed, hand trip governor and bring car to Hast on safeties. (For CWT safety test shall be made with no load in car). Take exact measurements to see that stopping distance conforms with requirements of the American Standard Safety Code for Elevators. Return safety to normal running condition. Re -inspect and check guide clearances. GOVERNOR 1002.3b inspect and operate by hand to determine that all governor parts operate freely. Inspect bearings, rope grip jaws, and all govemor rubbing surfaces for excessive wear and to be sure they are free of any foreign matter, (paint), Measure tripping speed of governor and overspeed switch, where provided, by means of a tachometer. Re -adjust and m -seal governor, if necessary. OIL BUFFERS 1002.3c - Buffers shall be checked for oil level to be within allowable limits. Plunger shall be fully compressed and shall return to fully extended position within 90 seconds after release. CAR BUFFER: Test by running car, with rated load, onto it at rated speed. COUNTERWEIGHT BUFFER: Test by running counterweight onto it at rated speed vAth no load in car. BRAKE 1002.3d - Place 125° of rated load in the car and run it to the lowest landing. The driving machine shall safely lower, stop, and hold car with this overload. At the end of these tests, we will attach a metal tag, bearing Company name and test date to safety releasing carrier, governor and oil buffers. STANDBY (EMER.) POWER OPERATION 1002.3e - Inspect and test for conformance to applicable requirements. EMERGENCY TERMINAL SPEED LIMITING DEVICE 1002.3f - Test for conformance to applicable requirements. It is further agreed and understood that KONE is not responsible for damages, either to the elevator equipment or to the building, or for any personal injury or death, arising From or resulting from these tests. This Proposal is subject to the following terms and conditions, all of which are hereby agreed to. MKT -144035 RevS (6/28/02) 1(3) 07/15/ZUU4 14:41 YAA 51441141JIU14 n�ivx live KONE Inc. Repair Proposal TERMS AND CONDITIONS This proposal is subject to the following terms and conditions, all of which are hereby agreed to: W--JVUV It is expressly understood and agreed all prior agreements written orverbal regarding the subject matter herein are void and the acceptance of this Agreement shall constitute the contract for the material and work specified in this Agreement. Any changes to this Agreement must be made in writing and signed by both parties. Unless otherwise agreed it is understood the work shall be performed during regular working hours of regular working days of the elevator trade. if overtime work is mutually agreed upon and performed, the additional price, at KONE's usual rates for such work, shall be added to the contract price herein named. Purchaser agrees to pay, as an addition to the price herein quoted, the amount of any tax based upon the transfer, use, ownership or possession of the equipment, imposed by any law enacted after the date of this proposal or imposed upon Purchaser by any existing law. Purchaser agrees to pay, thirty (30%) percent of the Agreement amount including any accepted options and/or alternates upon acceptance of this proposal. KONE reserves the right to discontinue our work at any time until we have assurance, satisfactory to us, that payments will be made as agreed. Final payment shall become due and payable upon completion of the work described in this Agreement. Failure to pay any sum due by KONE within thirty (30) days of invoice will be a material breach. A delinquent payment charge calculated at the rate of t'/ % per month, or if such rate is usurious then at the maximum rate under applicable law, shall be applied to delinquent payments. In the event of default of the payment provisions herein, Purchaser agrees to pay, in addition to any defaulted amount, all attorney fees, collection cost or court cost in connection therewith. The machinery, implements and apparatus furnished hereunder remain KONE's personal property and KONE retains title thereto until final payment is made, with right to retake possession of the same at the cost of the Purchaser if default is made in any of the payments, irrespective of the manner of attachment to the realty, the acceptance of notes, or the sale, mortgage or lease of the premises. The states requiring notice prior to filing a lien, this notice'requirement is hereby complied with. The completion of work or delivery of material specified in this Agreement is subject to delays caused directly or indirectly by embargoes, strikes, lockout, common carriers, accidents or by any other similar or dissimilar cause beyond KONE's control, for which KONE is to be held harmless. Should conditions develop beyond KONE's control, making the building or premises in which KONE's personnel are working dangerous, KONE reserves the right to discontinue work until such dangerous conditions are corrected, Should damage occur to KONE's material or work on the premises, where work is to be or is being performed, by fire, theft, or otherwise, the Purchaser is to compensate KONE therefore: Purchaser shall at all times and at Purchaser's own cost, maintain comprehensive bodily injury and property damage insurance (naming KONE Inc. as an additional insured), including bodily injury and property damage caused by the ownership, use or operation of the equipment described herein. It is expressly understood, in consideration of KONE's performance of the service enumerated at the price stated, that the Purchaser assumes all liability for injury, including death, to any person or persons and for damage to property or loss of use thereof, on account of relating to or resulting From the performance of the work to be.done hereunder, and agrees to defend, indemnify and hold harmless KONE, its officers, directors and employees from all damages, claims, suits, expenses and payments on account of or resulting from any such injury, death or damage to property, except that resulting from the sole negligence of KONE. !Neither KONE nor it affiliates, subsidiaries or divisions shall be responsible or liable for any damages, claims, suits, expenses and payments an account of or resulting from any injury, death or damage to property arising or resulting from the misuse, abuse or neglect of the equipment herein named or any other device covered by this contract. The Purchaser does hereby agree the exclusive venue for any dispute between the parties shall be, in the county of Rock Island, IL. MKT -14-0035 Revs (6/29/02) 3(3) 0.7/15/2004 14:ZY rAA 5184840014 UUZ KONB Inc. Repair Proposal Our price to perform the above mentioned work amounts to $4691.60 (FOUR THOUSAND SIX HUNDRED NINETY-ONE DOLLARS AND 001100) PULS APPLICABLE TAXES. 30% DOWN PAYMENT IS REQUIRED WITH SIGNED ORDER THIS PRICE INCLUDES SHORTENING GOVERNOR CABLE AND PROVIDING A QEI INSPECTOR TO WITNESS TESTING. Our price incudes all applicable labor, material and permit fees. Pricing is subject to KONE's Terms and Conditions for tendered repairs and is valid until 30 days after the above stated proposal date, ACCEPTANCE: The foregoing Agreement is hereby Respectfully submitted by, signed and accepted in duplicate on behalf of KONE Inc. Customer Name Address City, ST Zip (Signature) (Print dame) (Print Title) Date,. (Approved By) Authorized Representative Title Date: 1 f MKT -14-0035 Revs (6128!02) 2(3)