City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01416 11/14/2023 Consent Item 25.
Contract: Central Library Passenger Elevator 1 & 2 Modernization (C13900000) File ID: 2023-01416
Location: 828 I Street, District 4, Represented by Councilmember Valenzuela Recommendation: Pass a Motion: 1) approving the use of Omni Partners contract with Kone Inc. (Contract No. 2019001564) for the Central Library Passenger Elevator 1 & 2 Modernization in the amount of $705,975; and 2) authorizing the City Manager or the City Manager’s designee to execute the contract specified above.
Contact: Norm Colby, Facilities & Real Property Superintendent, [email protected], (916) 808-8335; James Christensen, Facilities Manager, [email protected], (916) 808-5863, Department of Public Works
Presenter: None
Attachments:
1-Description/Analysis
2-Contract- Kone Inc.
Description/Analysis
Issue Detail: The Central Library passenger elevators 1 & 2 are approaching 33 years old and are in need of modernization. The industry standard for modernizing passenger elevators is approximately every 25 years, depending on their usage and ongoing maintenance programs. The elevators will be upgraded to meet current codes, safety compliance, ADA accessibility, performance, and improved efficiency. These elevators are interconnected by electronics and drives, necessitating the modernization of both elevators simultaneously.
Policy Considerations: The recommendations in this report are in accordance with City Code Chapter 3.60, which requires City Council approval for contracts over $250,000 or more.
Economic Impacts: The recommended contract is expected to create 5.22 jobs (3.32 direct jobs and 1.90 jobs through indirect and induced activities) and create $689,400 in total economic output ($441,923 of direct output and another $247,477 of output in indirect and induced activities). The indicated economic impacts are estimates calculated using a calculation tool developed by the
File ID: 2023-01416 11/14/2023 Consent Item 25.
Center for Strategic Economic Research (CSER). CSER utilized the IMPLAN input-output model (2009 coefficients) to quantify the economic impacts of a hypothetical $1 million of spending in various construction categories within the City of Sacramento in an average one-year period. Actual impacts could differ significantly from the estimates and neither the City of Sacramento nor CSER shall be held responsible for consequences resulting from such differences.
Environmental Considerations:
California Environmental Quality Act (CEQA): No environmental review is necessary because the recommendations in this report involve the repair of an existing structure with no expansion beyond the previously existing level of use and is therefore considered to be an exempt project or activity in accordance with Section 15301 of the CEQA Guidelines.
Sustainability: None.
Commission/Committee Action: None.
Rationale for Recommendation: After reviewing the available contract options, the Facilities and Real Property Management Division has determined that using the cooperative purchase agreement will result in a cost-effective way to deliver the elevator modernization of elevators 1 and 2 at the Central Library. The contract was competitively bid, and Omni Partners receives greater discounts due to a higher contract volume than the City would receive if issuing its own bid.
In an ongoing effort to maximize cost savings and staff resources, many government agencies share contracting efforts through cooperative purchasing. This procurement approach increases pricing competitiveness and lowers operating costs through volume buying. When comparing the administrative costs of procurement, staff considers product research, source selection, specifications, advertising, staff reports, awarding, protest, and administration of the contract. It is often more cost-effective to eliminate the cost and time spent on these administrative processes and award contracts through a cooperative purchasing program.
The City has used both regional and national cooperative purchase agreements to complement its own contracting initiatives. Cooperative purchasing enables City departments to evaluate a broader range of contracting opportunities and to share resources with other jurisdictions. Cooperative purchasing also leverages internal and external resources to maximize cost savings opportunities for the City.
File ID: 2023-01416 11/14/2023 Consent Item 25.
Financial Considerations: Sufficient funding exists within the City Facility Reinvestment Program (C13900000) to award a construction contract to Kone Inc. in an amount not to exceed $709,975 for the Central Library Passenger Elevator 1 & 2 Modernization Project.
The majority of the funding for this project comes as a result of a successful first round of the Building Forward Library Infrastructure Grant Program (Other Capital Grants, Fund 3704).
Local Business Enterprise (LBE): Kone Inc. is an LBE.
Form approved by City Attorney 1-11-17 1
AGREEMENT
(Construction Contract Over $25,000)
THIS AGREEMENT, dated for identification , 2023, is made and entered into between the CITY OF SACR AMENTO, a municipal corporation (“City”), and KONE Inc., located at 10151 Croydon Way, Suite 2, Sacramento, CA 95827 (“Contractor”) in an amount not to exceed SEVEN HUNDRED FIVE THOUSAND NINE HUNDRED SEVENTY-FIVE DOLLARS AND ZERO CENTS ($705,975.00).
The City and Contractor hereby mutually agree as follows:
1. CONTRACT DOCUMENTS
The Contract Documents, sometimes also referred to as the “Contract ,” consist of the following items, which are hereby incorporated by reference as if set forth in full in this Agreement:
Proposal Form submitted by the Contractor
Subcontractor and Local Business Enterprise Participation Form Drug-Free Workplace Policy and Affidavit
Construction and Demolition (C&D) Debris Recycling Requirements Workers’ Compensation Insurance Certification
Federal or State funding requirements (if applicable)
Local Business Enterprise (LBE) Requirements
Requirements of the Non-Discrimination in Employee Benefits Code Ban-The-Box Requirements
Notice Regarding Assembly Bill 626
Addenda, if any
This Agreement
Standard Specifications
Special Provisions
Plans and Technical Specifications
The drawings and other data and all developments thereof prepared by City pursuant to the Contract
Any modifications of any of the foregoing made or approved by City, including but not limited to duly authorized change orders
Unless specifically noted otherwise, references to t he “Standard Specifications ” shall mean and refer to the Standard Specifications for Public Construction of the City of Sacramento approved by the Sacramento City Council on June 4, 2007 (Resolution No. 2007-350), and any subsequent amendments thereto approved by the Sacramento City Council or the Sacramento City Manager. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles and headings contained in the Contract Documents are provided solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretation of the provisions to which they refer.
2. DEFINITIONS
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Unless otherwise specifically provided herein, all words and phrases defined in the Standard Specifications shall have the same meaning and intent in this Agreement.
3. AGREEMENT CONTROLS
In the event of a conflict between any of the terms and conditions set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail, except that the provisions of any duly authorized change order shall prevail over any conflicting provisions of this Agreement.
4. SCOPE OF CONTRACT
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor , material, and trans portation necessary to perform and complete in a good and workmanlike manner to the satisfaction of City, all the Work called for in the Contract Documents entitled:
CENTRAL LIBRARY PASSENGER ELEVATOR 1 & 2 MODERNIZATION
Including the Work called for in the following alternative bid items described in the Proposal Form:
NONE
Contractor agrees to perform such Work in the manner designated in and in strict conformity with the Contract Documents.
5. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay, and Contractor agrees to accept, as complete payment for the above Work, in accordance with the schedule and procedures set forth in the Contract Documents and subject to deductions, withholdings and additions as specified in the Contract Documents, a total sum that shall not exceed the total bid amount set forth in Contractor’s Proposal Form . In addition, subject to deductions, withholdings, and additions as specified in the Contract Documents , payment for individual items of the Work shall be computed as follows:
A. For items of the Work for which a lump sum price is specified in Contract or’s Proposal Form , Contractor shall be paid the lump sum price(s) specified in Contractor’s Proposal Form; and
B. For items of the Work for which a unit price is specified in Contractor’s Proposal Form, Contractor shall be paid the sum computed at such unit price, or computed at a different price if such different price is determined by City in accordance with the Standard Specifications, based on the actual amount of each such item performed and/or furnished and incorporated in the Work ; provided that i n no event shall the total sum for a unit price item exceed the total bid amount set forth DocuSign Envelope ID: B16B9163-E912-44B1-999B-85A89A5900DB
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for such item in the Contractor’s Proposal Form, unless authorized by Change Order.
6. PROGRESS PAYMENTS
Subject to the terms and conditions of the Contract, City shall cause payments to be made upon demand of Contractor as follows:
A. On or about the first of the month, the Engineer shall present to the Contractor a statement showing the amount of labor and materials incorporated in the Work through the twentieth (20) calendar day of the preceding month . After both Contractor and Engineer approve the statement in writing, and the City’s labor compliance officer provides written approval, the City shall issue a certificate for ninety-five (95 ) percent of the amount it shall find to be due, subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations.
B. No inaccuracy or error in said monthly estimates shall operate to release Contractor from damages arising from such Work or from enforcement of each and every provision of the Contract Documents, and City shall have the right subsequently to correct any error made in any estimate for payment.
C. Contractor shall not be paid for any defective or improper Work.
D. The remaining five (5) percent of the value of the Work performed under the Contract, if unencumbered and subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations, shall be released not later than sixty (60) days after completion and final acceptance of the Work by City. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising under the Contract Documents, except for disputed claims in stated amounts that the Contractor specifically reserves in writing , but only to the extent that the Contractor has complied with all procedures and requirements applicable to the presentation and processing of such claim(s) und er the Contract Documents. Contractor shall be entitled to substitute securities for retention or to direct that payments of retention be made into escrow, as provided in Public Contract Code Section 22300, upon execution of the City’s Escrow Agreement for Security Deposits in Lieu of Retention.
E. The parties agree that, for purposes of the timely progress payment requirements specified in Public Contract Code Section 20104.50, the date that the City receives a statement jointly approved by t he Contractor and the Engineer as provided above shall be deemed to constitute the date that City receives an undisputed and properly submitted payment request from the Contractor. Progress payments not made within 30 days after t his date may be subject t o payment of interest as provided in Public Contract Code Section 20104.50.
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F. This Contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations, as specified in California Labor Code section 1771.4.
7. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR
When, under the provisions of this Contract or any applicable Laws or Regulations, City is authorized or required to withhold, deduct, or charge any sum of money against Contractor, City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate(s), or from any other moneys due or that may become due Contractor from City. If, on completion or termination of the Contract, sums due Contractor are insufficient to pay City's charges, City shall have the right to re cover the balance from Contractor or its Sureties.
8. COMMENCEMENT AND PROSECUTION OF WORK
Contractor shall commence the Work not later than fifteen (15) working days after the date of the written Notice to Proceed from City to Contractor and shall diligently prosecute the Work t o final completion. The phase “ commence the Work” means to engage in a continuous program on -site including, but not limited to, site clearance, grading, dredging, land filling and the fabrications, erection, or installation of the Work.
After Contractor commences the Work, the continuous prosecution of Work by Contractor shall be subject only to Excusable Delays as defined in this Agreement.
9. TIME OF COMPLETION
The entire Work shall be brought to completion in the manner provided for in the Contract Documents on or before November 13, 2024 (hereinafter called the “Completion Date ”) unless extensions of time are granted in accordance with the Contract Documents.
Failure to complete the entire Work by the Completion Date and in the manner provided for in the Contract Documents shall subject Contractor to liquidated damages as provided in this Agreement. Time is and shall be of the essence in the performance of the Contract and the Work.
10. PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORK
The payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the Work or any portion thereof and shall in no way reduce the liability of Contractor to replace unsatisfactory work or material, whether or n ot the unsatisfactory character of such work or material was apparent or detected at the time such payment was made.
11. ACCEPTANCE NOT RELEASE
Contractor shall correct immediately any defective or imperfect work or materials that may be discovered before final acceptance of the entire Work, whether or not such defect or imperfection was previously noticed or identified by the City . The inspection of the DocuSign Envelope ID: B16B9163-E912-44B1-999B-85A89A5900DB
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Work, or any part thereof, shall not relieve Contractor of any of its obligations to perform satisfactory work as herein specified.
Failure or neglect on the part of City or any of its officers, employees or authorized agents to discover, identify, condemn or reject defective or imperfect work or materials shall not be construed to imply an acceptance of such work or materials , if such defect or imperfection becomes evident at any time prior to final acceptance of the entire Work, nor shall such failure or neglect be construed as barring City from enforcing Contractor’s warranty(ies) or otherwise recovering damages or such a sum of money as may be required to repair or rebuild the defective or imperfect work or materials whenever City may discover the same , subject only to any statu tes of limitation that may apply to any such claim.
12. CITY'S RIGHT TO TAKE POSSESSION OF THE WORK IN WHOLE OR IN PART
The City shall have the right at any time to enter upon the Work and perform work not covered by this Contract, or to occupy and use a portion of the Work, prior to the date of the final acceptance of the Work as a whole, without in any way relieving Contractor of any obligations under this Contract.
13. NO WAIVER OF REMEDIES
Neither the inspection by City , its officers, employees or agents, nor any certificate or other approval for the payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by City, nor any extensions of time, nor any position taken by City, its officers, employees or its agents shall operate as a waiver of any provision of the Contract Documents nor of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of this Agreement be held to be a waiver of any other or subsequent breach. All remedies provided in the Contract Documents shall be take n and construed as cumulative; in addition to each and every other remedy herein provided, the City shall have any and all equitable and legal remedies that it would in any case have.
14. WARRANTY
Except as otherwise expressly provided in the Contract Documents, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all Work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the Work, or otherwise provided as a part of the Work pursuant to the Contract, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire Work by the City. Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one-year warranty period without expense or charge of any nature whatsoever to City.
In the event that Contractor shall fail to comply with th e conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and DocuSign Envelope ID: B16B9163-E912-44B1-999B-85A89A5900DB
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Contractor shall pay to City on demand all costs and expense of such repair.
Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or sa fety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair.
The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City.
In addition to the above, the Contractor shall make a written assignment of a ll manufacturers and other product warranties to the City, prior to completion and final acceptance of the Work by City.
The Contractor’s Performance Bond shall secure the performance of the Contractor’s obligations under this Section 14 , and the Contract or and its Surety shall be jointly and severally liable for these obligations.
15. LIQUIDATED DAMAGES IF WORK NOT COMPLETED ON TIME
A. The actual fact of the occurrence of damages and the actual amount of the damages that City would suffer if the entire Work, and/or any specified portion thereof, were not completed within the time(s) specified herein are dependent upon many circumstances and conditions that could prevail in various combinations, and for this reason, it is impracticable and extremely difficult to fix the actual damages. Damages that City would suffer in the event of such delay include: loss of the use of the project; expenses of prolonged assignment to the project of an architectural and /or engineering staff; prolonged costs of administration, inspection, and supervision; increased operational expenses and/or impaired operation of other facilities dependent upon compl etion of the project; and the loss and inconvenience suffered by the public within the City of Sacramento by reason of the delay in the completion of the project or portion thereof. Accordingly, the parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the amount(s) set forth herein as liquidated damages reflect the parties’ best efforts at the time of entering into the Contract to estimate the damages that may be incurred by City and the public due to the Contractor’s delay in completion of the Work and/or any specified portion thereof , and shall be presumed to be the amount of damages sustained by the failure of Contractor to complete the entire Work and/or any specified portion thereof within the time(s) specified herein.
B. Contractor shall pay liquidated damages to City for failure to complete the entire Work by the Completion Date (as extended in accordance with the Contract Documents, if applicable) in the amount of $500.00 for each calendar day after the Completion Date (as extended in accordance with the Contract Documents, if applicable), continuing to the time at which the entire Work is completed. Such amount is the actual cash value agreed upon by the City and Contractor as the loss to City and the public resulting from Contractor's default.
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The parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the foregoing provisions provide for the imposition of liquida ted damages from the Completion Date (as extended in accordance with the Contract Documents, if applicable) until the date of completion of the entire Work as determined by the Engineer in accordance with Section 8-4 of the Standard Specifications, whether or not the Work or any portion thereof is claimed or determined to be substantially complete prior to such date of completion.
C. In the event Contractor shall become liable for liquidated damages, City, in addition to all other remedies provided by la w, shall have the right to withhold any and all payments that otherwise would be or become due Contractor until the liability of Contractor under this section is finally determined. City shall have the right to use and apply such payments, in whole or in part, to reimburse City for all liquidated damages due or to become due to City. Any remaining balance of such payments shall be paid to Contractor only after discharge in full of all liability incurred by Contractor under this section or otherwise under any provision of the Contract Documents or any applicable Law or Regulation . If the sum so retained by City is not sufficient to discharge all such liabilities of Contractor, Contractor shall continue to remain liable to City until all such liabilities ar e satisfied in full.
No failure by City to withhold any payment as specified above shall in any manner be construed to constitute a release of any such liabilities nor a waiver of the City’s right to withhold payment for such liabilities.
16. INDEMNITY AND HOLD HARMLESS
A. Contractor shall defend, hold harmless and indemnify the City, its officers, employees, and agents, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, whether arising on or off the site of the Work, including, but not limited to, any fees and/or costs reasonabl y incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including but not limited to Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environme nt, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform the Work by the Contractor, any subcontractor or agent, anyone directly or indirectly employed by any of th em or anyone for whose acts any of them may be liable, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder , or (ii) such Liabilities are litigated, settled or reduced to judgment ; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from (i) the sole negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, or (ii) the active negligence of City.
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B. The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or li mit any of City’s rights under this Section 16, nor shall the limits of such insurance limit the liability of Contractor hereunder. The provisions of this Section 16 shall survive any expiration or termination of the Contract.
17. CONTRACTOR SHALL ASSUME RISKS
Until the completion and final acceptance by City of all Work under this Contract, the Work shall be under Contractor's responsible care and charge, and Contractor, at no cost to City, shall rebuild, repair, restore and make good all injuries, dama ges, re-erections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the Work.
18. GENERAL LIABILITY OF CONTRACTOR
Except as otherwise herein expressly stipulated, Contractor shall perform all the Work and furnish all the labor, materials, tools, equipment, apparatus, facilities, transportation, power and light, and appliances, necessary or proper for performing and completing the Work herein required in the manner and within the time herein specifi ed. The mention of any specific duty or liability of Contractor shall not be construed as a limitation or restriction of any general liability or duty of Contractor, and any reference to any specific duty or liability shall be construed to be solely for the purpose of explanation.
19. INSURANCE
During the entire term of the Contract, Contractor shall maintain the insurance coverage described in this Section 19.
Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified for the Work performed by Contractor under this Contract. No additional compensation will be provided for Contractor’s insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
It is understood and agreed by the Contractor that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.
A. Minimum Scope & Limits of Insurance Coverage
(1) Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of DocuSign Envelope ID: B16B9163-E912-44B1-999B-85A89A5900DB
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Contractor and its subcontractors, products and completed operations of Contractor and its subcontractors, and premises owned, leased, or used by Contractor and its subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability a nd products and completed operations coverage for the term of the policy.
(2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage, and persona l injury, with limits of not less than one million dollars ($1,000,000) per accident. The policy shall provide coverage for owned, non -owned, and/or hired autos as appropriate to the operations of the Contractor.
No automobile liability insurance shall be required if Contractor completes the following certification:
“I certify that a motor vehicle will not be used in the performance of any work or services under this agreement.” ________ (Contractor initials)
(3) Excess Insurance : The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance shall contain, or be endorsed to contain, a provision that it shall apply on a primary basis for the benefit of the CITY, and any insurance or self- insurance maintained by CITY, its officials, employees, or volunteers shall be in excess of such umbrella or excess coverage and shall not contribute with it.
(4) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers’ Compensation policy shall include a waiver of subrogation in favor of the City.
No Workers’ Compensation insurance shall be required if Contractor completes the following certification:
“I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance.” _________ (Contractor initials)
B. Additional Insured Coverage
(1) Commercial General Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or DocuSign Envelope ID: B16B9163-E912-44B1-999B-85A89A5900DB
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endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and its subcontractors; products and completed operations of Contractor and its subcontractors; and premises owned, leased, or used by Contractor and its subcontractors.
(2) Automobile Liability Insurance : The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.
C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) Contractor’s insurance coverage, including excess insurance, shall be primary insurance as respects City, its officials, employees, and volunteers. Any insurance or self -insurance maintained by City, its officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees, or volunteers.
(3) Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms.
D. Acceptability of Insurance
Insurance shall be placed with insurers with a Bests’ rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Section 3 must be declared to and approved by the City in writing prior to execution of this Contract.
E. Verification of Coverage
(1) Contractor s hall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance shall be signed by an authorized representative of the insurance carrier.
(2) For all insurance policy renewals during the term of this Contract, Contractor shall send insurance certificates reflecting the policy renewals directly to:
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City of Sacramento
c/o EXIGIS LLC
P.O. Box 947
Murrieta, CA 92564
Insurance certificates also may be faxed to (888) 355-3599, or e-mailed to:
[email protected]
(3) The City may withdraw its offer of contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided prior to execution of this Contract. The City may withhold payments to Contractor or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
F. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in subsection A, above.
20. FAILURE TO MAINTAIN BONDS OR INSURANCE
If, at any time during the performance of this Contract, Contractor fails to maintain any item of the bonds and/or insurance required under the Contract in full force and effect, Contractor shall immediately suspend all work under the Contract and notify City in writing of such failure. After such notice is provided, or if City discovers such failure and notifies Contractor, the City thereafter may withhold all Contract payments due or that become due until notice is received by City that such bonds and/or insurance have been restored in full force and effect and that the premiums therefor have been paid for a period satisfactory to the Division of Risk Management. Contractor shall not resume work until notified by C ity to do so , and the City shall have no responsibility or liability for any costs incurred by Contractor as a result of such suspension of Work.
In addition to the foregoing, any failure to maintain any item of the required bonds and/or insurance at an y time during the performance of this Contract will be sufficient cause for termination of the Contract by City.
The Contractor shall be solely responsible for, and shall defend, indemnify, and hold harmless the City, its officers, employees, and agents against and from, any and all damages, claims, losses, actions, costs or other expenses of any kind incurred by any party as a direct or indirect result of any suspension of Work or termination of the Contract under the provisions of this Section.
21. EXCUSABLE DELAYS
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For the purpose of these Contract Documents, the term "Excusable Delay" shall mean, and is limited to, delay caused directly by : acts of God; acts of a public enemy; fires; inclement weather as determined by the Engineer; riots; insurrectio ns; epidemics; quarantine restrictions; strikes; lockouts; sitdowns; acts of a governmental agency; priorities or privileges established for the manufacture, assemble, or allotment of materials necessary in the Work by order, decree or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the Work ordered by City insofar as they necessarily require additional time in which to complete the Work; the prevention of Contractor from commencing or prosecuting the Work because of the acts of others, excepting Contractor's subcontractors or suppliers; or the prevention of Contractor from commencing or prosecuting the Work because of a Citywide failure of pub lic utility service.
The term "Excusable Delay" shall specifically not include: (i) any delay that could have been avoided by the exercise of care, prudence, foresight and diligence on the part of Contractor; (ii) any delay in the prosecution of any part of the Work that does not constitute a Controlling Operation , whether or not such delay is unavoidable; (iii) any reasonable delay resulting from time required by City for review of any Contractor submittals and for the making of surveys, measurements and inspection; and, (iv) any delay arising from an interruption in the prosecution of the Work on account of reasonable interference by other Contractors employed by City that does not necessarily prevent the completion of the entire Work within the time specified. Excusable Delays, if any, shall operate only to extend the Completion Da te (not in excess of the period of such delay as determined by City) and shall not under any circumstances increase the amount City is required to pay Contractor except as otherwise provided in these Contract Documents.
22. CONTRACTOR TO SERVE NOTICE OF DELAYS
Whenever Contractor foresees any delay in the prosecution of the Work, and in any event as soon as possible (not to exceed a period of ten (10) calendar days) after the initial occurrence of any delay that Contractor regards as or may later claim to be an Excusable Delay, the Contractor shall notify the Engineer in writing of such delay and its cause, in order that the Engineer : (i) may take immediate steps to prevent if possible the occurrence or continuance of the delay ; or (ii) if this cannot be d one, may determine whether the delay is to be considered excusable, how long it continues, and to what extent the prosecution and completion of the Work are delayed thereby. Said written notice shall constitute an application for an extension of time only if the notice requests such an extension and sets forth the Contractor's estimate of the additional time required together with a full description of the cause of the delay relied upon.
After the completion of any part or whole of the Work, the Engineer, in estimating the amount due Contractor, will assume that any and all delays that may have occurred in its prosecution and completion were not Excusable Delays, except for such delays for which the Contractor has provided timely written notice as required herein, and that the Engineer has found to be excusable. Contractor shall not be entitled to claim Excusable Delay for any delay for which the Contractor failed to provide such timely written notice.
DocuSign Envelope ID: B16B9163-E912-44B1-999B-85A89A5900DB
Form approved by City Attorney 1-11-17 13
23. EXTENSION OF TIME
If the Contractor complies with Section 22, above, and the Engineer finds a delay claimed by the Contractor to be an Excusable Delay, the Contractor shall be allowed an extension of time to complete the Work that is proportional to the period of Excusable Delay determined by the Engineer, subject to the approval by City of a change order granting such time extension. During a duly authorized extension for an Excusable Delay, City shall not charge liquidated damages against the Contractor for such delay.
If the City extends the time to complete the Work as provided herein, such extension shall in no way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties of the Bonds provided pursuant to the Contract Documents. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extension of time. The granting of any extension of time as provided herein shall in no way operate as a waiver on the part of City of its rights under this Contract , excepting only extension of the Completion Date for such period of Excusable Delay as may be determined by the Engineer and approved by a duly authorized change order.
24. NO PAYMENT FOR DELAYS
No damages or compensation of any kind shall be paid to Contractor or any subcontractor because of delays in the progress of the Work whether or not such delays qualify for extension of time under this Agreement; except that this provision shall not preclude the recovery of damages for a delay caused by the City that is unreasonable under the circumstances and that is not within the contemplation of the parties, provided that the Contractor timely submits all such written notice(s) and fully complies with such other procedures as may be specified in the Contract Documents or any Laws or Regulations for Contractor to claim damages for such delay.
25. CHANGES IN THE WORK
Changes in the Work authorized or directed in accordance with the Contract Documents and extensions of time of completion made necessary by reason thereof shall not in any way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such changes in the Work relieve or release the Sureties on Bonds provided pursuant to the Contract Documents. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such change in Work and to any extension of time made by reason thereof.
26. TERMINATION AFTER COMPLETION DATE
In addition to any other rights City may have, if any services or work required under the Contract (including but not limited to punch list items) are not completed as of the Completion Date (as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), City may terminate the Contract at any time after the Completion Date ( as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Do cuments), by providing a written notice to Contractor specifying the date of termination. Such notice also may specify conditions or DocuSign Envelope ID: B16B9163-E912-44B1-999B-85A89A5900DB
Form approved by City Attorney 1-11-17 14
requirements that Contractor must meet to avoid termination of the Contract on such date. If Contractor fails to fulfill all such conditions and requirements by such termination date, or, if no such conditions or requirements are specified, Contractor shall cease rendering services and performing work on such termination date and shall not be entitled to receive any compensation for services rendered or work performed after such termination date. In the event of such termination, Contractor shall remain liable to City for liquidated damages incurred for any period of time prior to the termination date.
In addition to any ot her charges, withholdings or deductions authorized under the Contract or any Laws or Regulations, if City terminates the Contract pursuant to this section, City may withhold and deduct from any payment and/or retention funds otherwise due Contractor any su m necessary to pay the City's cost of completing or correcting, or contracting for the completion or correction of, any services or work under the Contract that are not completed to the satisfaction of the City or that otherwise are deficient or require co rrection as of such termination date, including but not limited to incomplete punch list items. Such costs shall include all of the City’s direct and indirect costs incurred to complete or correct such services or work, including the City’s administrative and overhead costs. If the amount of payment(s) and/or retention funds otherwise due the Contractor are insufficient to pay such costs, City shall have the right to recover the balance of such costs from the Contractor and/or its Surety(ies).
27. TERMINATION FOR CONVENIENCE
Upon written notice to the Contractor, the City may at any time, without cause and without prejudice to any other right or remedy of the City, elect to terminate the Contract for the convenience of City. In such case, the Co ntractor shall be paid (without duplication of any items, and after deduction and/or withholding of any amounts authorized to be deducted or withheld by the Contract Documents or any Law s or Regulations):
A. For Work executed in accordance with the Contra ct Documents prior to the effective date of termination and determined to be acceptable by the Engineer , including fair and reasonable sums for overhead and profit on such Work;
B. For reasonable claims, costs, losses, and damages incurred in settlement o f terminated contracts with subcontractors, suppliers, and others; and
C. For reasonable expenses directly attributable to termination.
Contractor shall not be paid for any loss of anticipated profits or revenue for any Work not performed prior to termination, nor for any economic loss arising out of or resulting from such termination, except for the payments listed in this section. Contra ctor’s warranty under Section 14 of this Agreement shall apply, and Contractor shall remain responsible for all obligations related to such warranty, with respect to all portions of the Work performed prior to the effective date of the termination for convenience pursuant to this section. The City shall be entitled to have any or all remaining Work performed by ot her contractors or by any other means at any time after the effective date of a termination for convenience pursuant to this section.
DocuSign Envelope ID: B16B9163-E912-44B1-999B-85A89A5900DB
Form approved by City Attorney 1-11-17 15
28. TERMINATION FOR BREACH OF CONTRACT
If Contractor abandons the Work under this Contract, or if the Contract or any portion of the Contract is sublet or assigned without the consent of the City, or if the Engineer determines in the Engineer’s sole discretion that the conditions of the Contract in respect to the rate of progress of the Work are not being fulfilled or any p art thereof is unnecessarily delayed, or if Contractor violates or breaches, or fails to execute in good faith, any of the terms or conditions of the Contract, or if Contractor refuses or fails to supply enough properly skilled labor or materials or refuse s or fails to make prompt payment to subcontractors for material or labor, or if Contractor disregards any Laws or Regulations or proper instruction or orders of the Engineer, then, notwithstanding any provision to the contrary herein, the City may give Co ntractor and its Sureties written notification to immediately correct the situation or the Contract shall be terminated.
In the event that such notice is given, and, in the event such situation is not corrected, or arrangements for correction satisfactor y to the City are not made, within ten (10) calendar days from the date of such notice or within such other period of time as may be specified by the City in the notice, the Contract shall upon the expiration of said period cease and terminate. In the event of any such termination, City may take over the Work and prosecute the Work to completion, or otherwise, and the Contractor and its Sureties shall be liable to City for any cost occasioned City thereby, as hereinafter set forth.
In the event City compl etes the Work, or causes the Work to be completed, no payment of any kind shall be made to Contractor until the Work is complete. The cost of completing the Work, including but not limited to, extra costs of project administration and management incurred by City, both direct or indirect, shall be deducted from any sum then due, or that becomes due, to Contractor from City. If sums due to Contractor from City are less than the cost of completing the Work, Contractor and its Sureties shall pay City a sum equal to this difference on demand. In the event City completes the Work, and there is a sum remaining due to Contractor after City deducts the costs of completing the Work, then City shall pay such sum to Contractor. The Contractor and Contractor’s Sureties shall be jointly and severally liable for all obligations imposed on Contractor hereunder.
No act by City before the Work is finally accepted, including, but not limited to, exercise of other rights under the Contract, actions at law or in equity, exte nsions of time, payments, assessments of liquidated damages, occupation or acceptance of any part of the Work, waiver of any prior breach of the Contract or failure to take action pursuant to this section upon the happening of any prior default or breach o f Contractor, shall be construed to be a waiver or esto ppel of the City’s right to act pursuant to this Section upon any subsequent event, occurrence or failure by Contractor to fulfill the terms and conditions of the Contract. The rights of City to terminate the Contract pursuant to this Section and pursuant to Sections 26 and 27 are cumulative and are in addition to all other rights of City pursuant to the Contract and at law or in equity.
29. CONTRACTOR BANKRUPT
DocuSign Envelope ID: B16B9163-E912-44B1-999B-85A89A5900DB
Form approved by City Attorney 1-11-17 16
If Contractor should commence any bankruptcy proceeding, or if Contractor is adjudged a bankrupt, or if Contractor makes any assignment for the benefit of creditors, or if a receiver is appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice as provided in Section 28 above.
30. SURETIES’ OBLIGATIONS UPON TERMINATION
If the City terminates the Contract pursuant to Section 28 or Section 29 above:
A. The Surety under Contractor’s performance bond shall be fully responsible for all of the Contractor’s remaining obligations of performance under the Contract as if the Surety were a party to the Contract, including without limitation Contractor’s obligations, as provided in the Contract Documents, to complete and provide a one-year warranty of the entire Work , pay liquidated damages and indemnif y, defend and hold harmless City, up to the full amount of the performance bond.
B. The Surety under Contractor’s payment bond shall be fully responsible for the performance of all of the Contractor’s remaining payment obligations for work, services, equipment or materials performed or provided in connection with the Work or any portion thereof, up to the full amount of the payment bond.
31. ACCOUNTING RECORDS OF CONTRACTOR
During performance of the Contract and f or a period of three (3) years after completing the entire Work, Contractor shall maintain all accounting and financial records related to the Contract and performance of the Work in accordance with generally accepted accounting practices and shall keep and make such records available for inspection and audit by representatives of the City upon reasonable written notice.
32. USE TAX REQUIREMENTS
During the performance of this Agreement, CONTRACTOR, for itself, its assignees, and successors in interest, agrees as follows:
A. Use Tax Direct Payment Permit : For all leases and purchases of materials, equipment, supplies, or other tangible personal property used to perform the Agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit from the California State Board of Equalization (“SBE”) in accordance with the applicable SBE criteria and requirements.
B. Sellers Permit : For any construction co ntract and any construction subcontract in the amount of $5,000,000 or more, Contractor and the subcontractor(s) shall obtain sellers permits from the SBE and shall register the jobsite as the place of business for the purpose of allocating local sales and DocuSign Envelope ID: B16B9163-E912-44B1-999B-85A89A5900DB
Form approved by City Attorney 1-11-17 17
use tax to the City. Contractor and its subcontractors shall remit the self - accrued use tax to the SBE and shall provide a copy of each remittance to the City.
C. The above provisions shall apply in all instances unless prohi bited by the funding source for the Agreement.
33. NON-DISCRIMINATION IN EMPLOYEE BENEFITS
This Agreement may be subject to the requirements of Sacramento City Code Chapter
3.54, Non -Discrimination in Employee Benefits by City Contractors. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter
3.54, entitled “Requirements of the Non -Discrimination in Employee Benefits Code.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.54. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.5 4 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies.
34. CONSIDERING CRIMINAL CONVICTION INFORMATION IN THE EMPLOYMENT
APPLICATION PROCESS
This Agreement may be subject to the requirements of Sacramento City Code Chapter
3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter 3.62, entitled “Ban -The-Box Requirements.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.62 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies. Contractor agrees to require its subcontractors to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code Chapter 3.62.
DocuSign Envelope ID: B16B9163-E912-44B1-999B-85A89A5900DB
Form approved by City Attorney 1-11-17 18
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set forth opposite their names.
CONTRACTOR
Under penalty of perjury, I certify that the
taxpayer identification number and all other
information provided here are correct.
DATE BY_________________________________ Print Name: ________________________
Title:___________________________________
BY_________________________________
Print Name: _________________________
Title: __________________________________
DIR Registration #
____________________________________
Federal ID#
__________________________
State ID#
____________________________________
City of Sacramento Business Operation Tax
Certificate No. (City will not award contract
until Certificate Number is obtained)
Type of Business Entity (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____Other (please specify:________________)
CITY OF SACRAMENTO
a municipal corporation
DATE BY _________________________________ For: Howard Chan, City Manager
Original Approved As To Form: Attest:
City Attorney City Clerk
10/10/2023
36-2357423
Senior Vice President
Jeff Blum
DocuSign Envelope ID: B16B9163-E912-44B1-999B-85A89A5900DB
KONE MODERNIZATION PROPOSAL
Proposal: Central Library MOD- Passenger #1-2
Proposal Date: 04/10/2023
04/10/2023
KONE Inc.
Elevators & Escalators
10151 Croydon Way, Suite 2
Sacramento, California, 95827
Mobile +1 916-439-2262
[email protected]
www.kone.us
Dear Norm Colby,
We are pleased to enclose, for your review and consideration, KONE's proposal to modernize your passenger elevators #1-2 located at the following address for the amount of $705,975.00 (incl. use tax):
Central Library, 828 I Street, Sacramento, California
● This proposal is based on 2023 installation.
● This proposal is valid for (30) days.
● Anticipated downtime: 13 weeks per unit for modernization + 2 weeks for inspection.
Please know that we are available to assist you in coordinating the work by others as further described in our “Bid Attachment B“. Should you have any questions or require additional information, please feel free to contact me directly.
We look forward to hearing from you and working together on this project.
Yours sincerely,
Meg Lynch
Kone Inc
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1. Why KONE?
KONE in brief
KONE is a global leader in the elevator
and escalator industry. Our mission is to
make cities better places to live.
Our versatile product portfolio features a
wide range of innovative products
including elevators, escalators,
autowalks, monitoring, access and
destination control systems.
Value for your project
KONE helps you to reduce operational costs, increase end-user satisfaction and value of your building by providing accessible and safe equipment through a professional and trouble-free modernization project.
Increased user satisfaction/minimal disturbance to end-users
Improved eco-efficiency, reduced energy consumption
Improved safety according to latest standards
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2. Ensuring your project success
Project Overview
KONE Responsibility CUSTOMER Responsibility
KONE and CUSTOMER
Site Cornerstones
By ensuring that these cornerstones are in place you can ensure that your modernization project stays on schedule and that KONE technicians can perform their work quickly, safely, and with minimum disruption to building operations.
Site preparation requirements before materials arrive
● Loading and storage area of suitable size for materials, waste and waste storage, and tools ● Safe access route for new materials and materials being removed ● Access permissions and cards or other access devices for KONE technicians
Other works as agreed in the project plan, if not managed by KONE ● Please refer to Appendix 4: Bid Attachment “B” / Site Requirements & Work by Other Trades
Project kick-
off
Fully executed
contract & down
payment
Materials delivered to
site and
modernization starts
Project
completion
Detailed site
survey
Submittals
approved if
required
Manufacturing
Work by others
Installation and
testing
Third-party inspection
arranged
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3. Your solution
Equipment # 20312459 (State # 096176) and 20312461 (State 096177) Address 828 I Street, Sacramento, CA
Rated load 3000 lbs
Rated speed 350 fpm
Travel height 62 ft 0 in
Number of floors 6 floors / 6 front openings / 0 rear opening
Machine/motor
KONE MX Machine
A new KONE MX AC Gearless machine, with permanent magnet synchronous motor, direct current electro-mechanical disc brakes and integral traction drive sheave shall be provided.
Brake shall be spring applied and electrically released and designed to hold car at the floor level after coming to rest. The drive sheave shall be accurately turned and grooved for the quantity and size of hoist ropes applicable to service.
Electrification
KONE ReGenerate DX
KONE ReGenerate DX is a modular modernization solution for elevator control and electrical systems, based on the latest in control technology. This replaces outdated technology such as relays and older electronic systems, improving the levels of performance, reliability, safety and energy efficiency of your elevator. The modular structure of KONE ReGenerate DX is designed to correctly interface with many types of existing elevator components, thus ensuring a swift, trouble-free installation for the building users.
A new microprocessor-based control system shall be provided to perform the functions of safe elevator motion. Included shall be all of the hardware required to connect, transfer and interrupt power, and to protect the motor against overloading.
The control for the hoist motor will be by means of a solid-state drive system. The system will be a controlled pulse-width modulated AC vector drive. The variable voltage variable frequency drive will convert the AC power supply using a two-step process to a variable voltage variable frequency power supply for use by the hoist motor. Varying the frequency and voltage of the motor will automatically and continuously control the speed, acceleration and deceleration. The system will be closed loop.
Each controller cabinet containing memory equipment shall be properly shielded from line pollution. The microcomputer system shall be designed to accept reprogramming with minimum system down time. All high voltage (110V or above) contact points inside the controller cabinet shall be protected from accidental contact in a situation where the controller doors are open. The microprocessor-based control system shall utilize on-board diagnostics for servicing, troubleshooting, and adjusting without requiring the use of an outside service tool.
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Fixtures
Custom Fixtures
New signalization shall be provided as required.
Doors
Door Panel(s)
New car door panel(s) shall be provided. New door(s) shall be UL fire rated 1 1/2 hour.
KONE ReNova Door Operator
A KONE ReNova closed loop permanent magnet PWM high-performance door operator shall be provided to open and close the car and hoistway doors simultaneously. Door movement shall be cushioned at both limits of travel. An electric contact shall be provided on the car at each car entrance to prevent the operation of the elevator unless the car door is closed. The door operator shall be arranged so that, in case of interruption or failure of electric power, the doors can be readily opened by hand from within the car, in accordance with applicable code.
Emergency devices and keys for opening doors from the landing shall be provided as required by the local code. Doors shall open automatically when the car has arrived at or is leveling at the respective landings. Door shall close after a predetermined time interval or immediately upon pressing of a car button. A door open button shall be provided in the car. Momentary pressing of this button shall reopen the doors and reset the time interval. Door hangers and tracks shall be provided for each car door. Tracks shall be contoured to match the hanger sheaves. The hangers shall be designed for power operation with provisions for vertical and lateral adjustment.
Hanger sheaves shall have polyurethane tires and pre-lubricated sealed-for-life bearings.
Curtain of Light
The elevator car shall be equipped with an electronic protective device extending the full height of the car. When activated, this sensor shall prevent the doors from closing or cause them to stop and reopen if they are in the process of closing. The doors shall remain open as long as the flow of traffic continues and shall close shortly after the last person passes through the door opening.
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Shaft equipment
Comp. Ropes & Chains
New compensation (ropes or encapsulated chain) as required.
Guide Shoes
New roller guide assemblies shall be provided.
Sheave
A new sheave(s) shall be provided where applicable and shall be properly grooved to accommodate the required number of hoist cables. The sheave wheel will be mounted with heavy antifriction bearings on a rigid shaft and will firmly pressed onto a shaft supported by a sleeve or antifriction bearing of ample capacity.
Governor
The car safety will be activated by a new speed governor located overhead, driven by a governor rope suitably connected to the car safety. The governor will be equipped with rope grip jaws designed to clamp the governor rope so as to actuate the car safety upon a predetermined over speed downward. The governor will be set at not less than 115% of specified rated car speed and not more than the maximum governor tripping speed specified in the code for the specified rated car speed.
The rope grip jaws must be positively tripped within the permitted range of speed. The governor rope-tripping device will be so designed that no appreciable damage to or deformation of the governor rope will result from the stopping action of the device in operating the car safety. The governor over speed switches will conform to ANSI A17.1 code requirements and be so located and enclosed that excess lubricant will not enter the switch enclosure.
Upon activation of the safety switch, the switch will remain in the open position until manually reset. The governor will be accurately adjusted and sealed with tripping speed specified. Date tags indicating the test date will be applied.
Governor Ropes
A new governor cable(s) compatible with the specifications for the new governor will be provided.
The governor cable is to pass over the governor sheave and under a weighted tension device at the bottom of the hoist way. During normal operation of each elevator, the governor rope will run free and clear of the governor gripping jaws, cable guards and all other stationary parts. A metal tag will be attached to the top of the car-releasing carrier, giving the diameter, material of cable, and with date of cable installation. Tags will be attached in an approved manner.
Traction Ropes
New hoist cables shall be provided. The hoisting cables will be designed for elevator service, compatible with the hoist machine, and having a factor of safety at least equal to that specified in the ANSI code.
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Solution details
Elevator #1 and #2
Machine/motor
Product name KONE MX Machine
Elevator group size Duplex
Capacity [LBS] 3000
Speed [FPM] 350
NEMA rating (MR) Machine room rating is NEMA 1.
New roping ratio 1:1
KONE MX machine type MX32
Machine Room Location Overhead
Shipment Type? STANDARD
Electrification
Product name KONE ReGenerate DX
Elevator group size Duplex
Number of floors served 6
Code year 2004
Capacity [LBS] 3000
Speed [FPM] 350
NEMA rating (HW) Hoistway rating is NEMA 1.
NEMA rating (MR) Machine room rating is NEMA 1.
New roping ratio 1:1
Power supply voltage [v] 480
Emergency power Emergency power operation has been included.
KONE MX machine type MX32
Machine Room Location Overhead
Machine room duct KONE will remove all existing wiring, conduit and duct from the machine room. New conduit and duct properly sized and
constructed for the job requirements will be installed (in accordance with applicable codes).
Card reader provisions Controller will be equipped with card reader interface logic.
Qty of COPs 1
Traveling cable(s) Existing traveling cable(s) will be removed and replaced with new traveling cable. In addition to our standard traveling cable, a second traveling cable be provided for security and/or card reader provisions.
Drive size KDM90
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Loadweigh device A loadweigh device will be provided which will continuously monitor the load in the elevator car. The loadweigh device provides information necessary for the Bypass Load Feature and the Overload Feature to operate. The loadweigh device is also used to provide pre-torqueing so higher performance can be achieved.
Hoistway duct KONE will remove all existing wiring, conduit and duct from the hoistway. New conduit and duct properly sized and constructed for the job requirements will be installed (in accordance with applicable codes).
Voice annunciator Logic will be provided for factory-programmed speech synthesizer that issues spoken messages including floor arrivals, car departures and safe use of the elevator.
Fixtures
Product name Custom Fixtures
Number of floors served 6
Capacity [LBS] 3000
Card reader provisions Controller will be equipped with card reader interface logic.
Qty of COPs 1
Qty of new hall stations 6
Qty of new hall
lantern/position indicator
combos
6 Qty of car direction
lanterns
1 Qty of hoistway access
switches
2 Doors
Product name Door Panel(s)
Number of floors served 6
Car panel finishing
material
New car door panel(s) shall be provided where applicable. New door(s) shall be UL fire rated 1 ½ hour. Finish will be #4 stainless steel.
Door type Single speed center opening.
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Product name KONE ReNova Door Operator
Number of floors served 6
NEMA rating (HW) Hoistway rating is NEMA 1.
Door type Single speed center opening.
Door package type KONE ReNova M6 door package includes a new door operator, restrictive clutch, car door track, car gate switch, car hangers, car door panel adapters, OEM interlocks and hoistway pick up rollers.
Product name Curtain of Light
Number of floors served 6
Code year 2004
NEMA rating (HW) Hoistway rating is NEMA 1.
Type of curtain of light This curtain of light is an electronic sensing device that operates across the car entrance. When activated, the curtain of light will prevent the doors from closing or cause them to stop and reopen if they are in the process of closing. The doors will remain open as long as the flow of traffic continues and will close shortly after the last person passes through the door opening. A 2-D type will be provided.
Shaft equipment
Product name Comp. Ropes & Chains
Capacity [LBS] 3000
Speed [FPM] 350
New roping ratio 1:1
Compensation type New Whisper-Flex style compensation will be provided to ensure proper counter balance in accordance with application criteria.
Compensation quantity 1
Guidance system Yes
Hoist cable diameter 16 mm
Qty of hoist cables 5
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Product name Guide Shoes
Capacity [LBS] 3000
Speed [FPM] 350
Car guide seismic
retainers
Yes
Car guide shoes
adapters
Yes
Car guide shoe type KONE RG100 (Roller)
Counterweight guide
shoes adapters
Yes
Cwt guide seismic
retainers
Yes
Counterweight guide
shoe type
KONE RG100 (Roller)
New CWT Guideshoes New spring dampened roller guide shoes will be provided.
New car guide shoes New spring dampened roller guide shoes will be provided.
Product name Sheave
Capacity [LBS] 3000
New roping ratio 1:1
Hoist cable diameter 16 mm
Qty of hoist cables 5
Machine Room Location Overhead
Product name Governor
Capacity [LBS] 3000
Speed [FPM] 350
NEMA rating (HW) Hoistway rating is NEMA 1.
NEMA rating (MR) Machine room rating is NEMA 1.
Type of governor(s) Car
Tension weight For car
Product name Governor Ropes
Capacity [LBS] 3000
Governor rope A new traction steel governor rope of appropriate size to ensure proper operation will be provided.
As a minimum, the governor rope will comply with the factor of safety requirements of the ASME A17.1 safety code for elevators.
Governor rope diameter 3/8 in
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Product name Traction Ropes
Capacity [LBS] 3000
New roping ratio 1:1
Hoist cable diameter 16 mm
Qty of hoist cables 5
Machine Room Location Overhead
Shackles New shackles will be provided.
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4. Commercial Offer
Project notes
Please see KONE bid attachment B for Customer Required Work by Others.
Handover date Mutually agreeable project schedule will be determined at time of proposal acceptance.
Current delivery lead time is 24 weeks from when order receipt, deposit and approval of drawings have all been completed. The agreed delivery times for the project may need to be extended because of delays caused by measures undertaken to stop the spreading of the Coronavirus (2019-nCoV) epidemic, such as mandatory holiday extensions and transportation restrictions imposed by authorities in China and other countries, and the availability of personnel, logistics providers and supply chains, due to the epidemic.
Downtime period 13 weeks per unit + 2 weeks for state inspection
Warranty/maintenance No Maintenance is included in this proposal pricing. This elevator is to immediately go onto the Agreement between the City of Sacramento and KONE.
The Product Warranty is specified in Bid Attachment A. Installation by KONE of any parts covered under the Product Warranty on parts will only occur while KONE maintains an active maintenance contract. The Product Warranty and Warranty Maintenance commences on the date of acceptance set forth in the Uniform Final Acceptance Form.
Pricing
Equipment
Price ($)
Elevators # 1-2 Passenger $ 705,975.00
Total Sales Price, net including TAX $ 705,975.00
Additional Options for your Consideration
Alternates Price excl. tax
Alternate 1: Cab Interior Allowance ( not included in the pricing above) $50,000.00
Proposal pricing is based on the scope of work as defined herein. Any additional work required will be performed only upon purchaser’s approval of a mutually agreeable change proposal. Any other deficiencies revealed in the progress of the work will be promptly reported to the purchaser with recommendations and cost for corrective action.
www.kone.us T-0005446769
15(23)
5. Service Option
KONE 24/7 Connected Services
KONE 24/7 Connected Services is a round-the-clock diagnostics service that gathers data on your equipment’s condition. We analyze this data and use it to make intelligent and proactive decisions on how to solve any potential problems – even before they occur. KONE 24/7 Connected Services helps you to optimize the lifetime value of your assets from day one and gives you peace of mind by keeping you fully informed about the condition of your equipment and any maintenance activities we carry out.
www.kone.us T-0005446769
16(23)
6. Tender Approval
KONE
Meg Lynch
10151 Croydon Way, Suite 2
Sacramento, California, 95827
[email protected]
Owner/Representative
Norm Colby
CITY OF SACRAMENTO
915 I ST RM 1002
SACRAMENTO, California, 95814-2619
Submitted by:
Meg Lynch
04/10/2023
We accept the offer constituted by this proposal (total sales price of $ 705,975.00, incl. use tax) and agree to the conditions contained therein.
Approved by Customer
___________________________________________
Printed name:
Title:
Company name:
Date:
www.kone.us T-0005446769
17(23)
Appendix 1: KONE 24/7 Connected Services
KONE 24/7 Connected Services – improved safety, full transparency, and peace of mind
In addition to a quality modernization project, we would be excited to discuss KONE 24/7 Connected Services with you and the continuing benefits KONE could bring to your business. KONE is leading the industry with KONE 24/7 Connected Services using the latest intelligent elevator technology allowing us to predict issues and take action before a shutdown occurs. Predictive maintenance allows fewer shutdowns, less call-outs, and improved up-time of equipment - all leading to a better user experience!
Read more at
kone.us/connected
www.kone.us T-0005446769
18(23)
Appendix 2: Clarifications
1. Contract terms between KONE Inc. and Purchaser shall be based on our Proposal and Attachments “A” and “B”.
2. All new elevator equipment provided shall meet applicable ASME A17.1 code requirements. Any provisions of codes applicable to out-of-scope items shall be the Purchaser’s responsibility. Cost of any future code changes adopted prior to permitting and completion are excluded.
3. Existing cab and entrance dimensions, which may not meet current ADA or stretcher access rules, will be retained as is.
4. Our proposal includes inspections and testing as required by the AHJ. However, any re-testing required due to other trades’ failures to complete their work or tests in a timely manner will be billed at our regular billing rates.
5. The ASME code limits changes to the empty car weight + capacity of each elevator to 5% of the originally installed value. If past or proposed changes result in a change to the weight or system pressure (for hydraulic) greater than 5% above the original design values, the cost of any engineering and of any required modifications to the elevator system or structure shall be extra to this proposal scope and pricing. If this situation is discovered during the engineering process, KONE will notify purchaser and recommend an alternate design or other changes.
6. In order to provide best pricing, proposal excludes any extra demobilizations and remobilizations. If we must demobilize from the jobsite for any reason outside our control, we shall be compensated at our regular billing rates.
7. Proposal pricing is based on the scope of work as defined herein. Any additional work required will be performed only upon Purchaser’s approval of a mutually agreeable change proposal. Any other deficiencies revealed in the progress of the work will be promptly reported to purchaser with recommendations and cost for corrective action.
8. Asbestos: Notwithstanding anything contained to the contrary within this bid or contract, KONE’s work shall not include any abatement or disturbance of asbestos containing material (ACM) or presumed asbestos containing materials (PACM). Any work in a regulated area as defined by Section 1910 or 1926 of the Federal OSHA regulations is excluded from KONE’s scope of work without an applicable change order to reflect the additional costs and time. In accordance with OSHA requirements, the Customer shall inform KONE and its employees who will perform work activities in areas which contain ACM and/ or PACM of the presence and location of ACM and/or PACM in such areas which may be contacted during work before entering the area. Other than as expressly disclosed in writing, Customer warrants that KONE’s work area at all times meets applicable OSHA permissible exposure limits (PELs). KONE shall have the right to discontinue its work in any location where suspected ACM or PACM is encountered or disturbed. Any asbestos removal or abatement, or delays caused by such, required in order for KONE to perform its work shall be the Customer’s sole responsibility and expense.
After any removal or abatement, customer shall provide documentation that the asbestos has been abated from the KONE work area and air clearance reports shall be made available upon request prior to the start of KONE’s work.
9. Purchaser shall provide any security, escort or other building service support personnel required during demolition, installation, testing, and inspections.
10. For hydraulic elevators, we can assume no responsibility for unusual conditions such as hole cave in and complete hydraulic cylinder assembly embedded in concrete. The excavation of the hole to accommodate the new hydraulic cylinder assembly is based on encountering soil free of oil, rocks, boulders, building construction members, sand, water, quicksand, underground caves and/or any other obstructions or unusual conditions. Should such obstructions or unusual conditions be encountered, additional time above or beyond the working days estimated to complete this project may be required. We will proceed with this portion of the project on a time and material basis, based on our normal billing rates.
11. Proposed solution is subject to a complete engineering review by KONE engineering team to confirm feasibility of products proposed. Additional charges may apply for work not included, but required to meet system requirements. Additional charges for this work (if applicable) shall be mutually agreed upon.
www.kone.us T-0005446769
19(23)
Appendix 3: Bid Attachment “A” / KONE Inc. General Terms and Conditions (Modernization)
1. APPLICATION OF THESE TERMS
The parties agree to be bound by the terms and conditions contained in the Bid Letter, this Bid Attachment A and Bid Attachment B, including the documents incorporated herein by reference (collectively, the “Proposal”).
2. SPECIAL PURCHASING REQUIREMENTS
This Proposal is made without regard to compliance with any special sourcing and/or manufacturing requirements including, but not limited to, Buy America, Buy American, U.S. Steel, FAR clauses, minority / disadvantaged supplier requirements or similar federal and/or state procurement laws. Should such requirements be applicable to this Project, KONE reserves the right to modify and/or withdraw its Proposal.
3. PROPOSAL CONDITIONS
The Proposal shall be open for acceptance within the period stated in the Bid Letter or, when no period is stated, for a period of 30 days from the date of the Bid Letter. Prior to commencing manufacture of the equipment described in the Bid Letter (“Equipment”), KONE must have (i) a fully executed contract; (ii) a schedule acceptable to KONE identifying the Equipment installation start date, or alternatively, KONE’s letter specifying the ship date (“Ship Date Letter”) signed by Customer, which, as applicable, is incorporated by reference herein; (iii) the first payment in Section 4 herein; and (iv) fully approved KONE layouts.
4. PAYMENT TERMS
Payment of the total Price is due within 30 days from invoice date, as follows:
● 30% of the Price for engineering, site management, and overhead, billable and due upon execution of this Proposal or receipt of the subcontract;
● 50% of the Price for material and shipping, billable and due upon delivery of material to the jobsite or KONE Distribution Center;
● 20% of the Price for Equipment installation, billable and due at the billing cycle following the start of installation.
KONE imposes a surcharge for payments made via credit card that is not greater than our cost of acceptance. The surcharge that we impose for this type of transaction is a percentage of the amount paid via credit card, which will be notified to the Customer at the payment portal. KONE reserves the right to delay, suspend, or stop the work, including manufacturing, delivery, installation and/or Equipment turnover, for non-payment, without liability to KONE or being held in default. Simple interest at 1.5% per month shall be charged on amounts not paid when due. Payments to KONE are not contingent on any third-party payments to Customer. Customer shall reimburse KONE for all costs of collection, including courts costs and reasonable attorneys’ fees.
Prior to turnover, KONE must be paid in full, less 10% maximum retention, the Price including all change orders. Retention shall be due and payable within 30 days of execution of the Uniform Final Acceptance or Equipment turnover, whichever occurs first. If certified payroll reporting is required, KONE will submit the requested reporting in the format of the U.S. Department of Labor form WH 347 & WH 348.
The Price does not include Textura or any other special billing requirements, which can be added via change order at a rate of 0.3% of the Price.
5. INSTALLATION
Customer shall be responsible for procurement and cost of all permits, except permits related to installation of the Equipment. Where KONE’s scope of work or other responsibilities include the obligation to utilize materials and/or finishes resembling or identical to those pre-existing in the building, KONE shall use reasonable efforts to procure such materials and Customer acknowledges and accepts that the materials and/or finishes reasonably available may not be in all respects identical to those pre- existing in the building. This Proposal is conditioned upon KONE using its standard installation method. The installation of the Equipment shall start after Customer has completed all work set forth in Bid Attachment B and any other documents describing site requirements (“Site Requirements”), all of which are incorporated by reference herein. Within two (2) weeks prior to the scheduled delivery date for KONE’s materials, KONE shall conduct a standard visual site survey to verify that the Site Requirements are complete and notify Customer if there are outstanding deficiencies preventing KONE from beginning installation.
KONE’s site survey may include, but is not limited to, inspection of site access, working and safety conditions on site, wear and tear of any existing structures or surfaces, and planning of any dismantling or removal of existing equipment, components and materials, where applicable. KONE shall not be deemed to have surveyed any hidden structures, latent defects, subsurface conditions, or other non-visible matters, including but not limited to searching for hazardous substances and/or materials, which shall be subject to Section 16. If KONE’s site survey reveals any deficiencies, KONE shall be entitled to delay the start of installation and Customer shall be responsible for all additional costs incurred by KONE, including without limitation, costs associated with: labor reallocation, re- directing materials to and storage in a KONE Distribution Center, additional labor for double handling of materials, and additional trucking, freight and insurance.
Once the Site Requirements are completed, the start of installation shall be subject to the availability of labor and the delivery of material, if applicable.
KONE’s work shall be performed during regular union working hours of regular working days, Monday to Friday, statutory holidays excluded. If overtime is mutually agreed upon and performed, the additional costs for such work shall be added to the Price at KONE’s standard overtime rates. If the installation cannot be performed in an uninterrupted manner for any reason beyond KONE's control, Customer shall store the Equipment at Customer's cost and compensate KONE for any costs caused by such delay including, but not limited to, double handling of Equipment and demobilization. KONE shall not be required to perform overtime or any Customer directed change to its work (“Extra Work”) without an executed change order. No action by KONE, including but not limited to, performing Extra Work without an executed change order, shall be a waiver of KONE’s right to seek payment for Extra Work performed.
KONE shall be entitled to an extension of time and an equitable adjustment in the Price, including but not limited to, any increased costs of labor, including overtime, resulting from any change of schedule, re-direction of KONE personnel to another work area, acceleration, or out of sequence work.
KONE shall take reasonable methods to protect its work-in-place while KONE is actively on site and until execution of a KONE Uniform Final Acceptance, which is incorporated by reference herein. Should damage occur to KONE property, material or work-in- place by fire, water, theft or vandalism, Customer shall compensate KONE for said damages.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:
CERTIFICATE NUMBER:
COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION
$
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
12/27/2022
Aon Risk Services Central, Inc.
Chicago IL Office
200 East Randolph
Chicago, IL 60601
866-283-7122 800-363-0105
Aon Risk Services Central, Inc.
Aon Client Services
[email protected]
KONE Inc.
Attn: [email protected]
One KONE Court
Moline IL 61265
72139156
✓
✓
As respects Excess Liability, if evidenced above, Aon Risk Solutions U.S. is generating & distributing this COI in an administrative capacity.
Of The Terms Of The Contract.
City Of Sacramento
C/O EXIGIS Risk Management Services
PO Box 4668 - ECM #35050
New Y ork NY 10163-4668
Contract No. 41433289 - Project/Location: City Of Sacramento Sacramento CA The City Of Sacramento, Its Officials, Employees And Volunteers Are listed As Additional Insured On Form CG 2010To The Extent 1,000,000
1,000,000
1,000,000
1,000,000
1,000,000
1,000,000
5,000,000
5,000,000
5,000,000
A MWZY 57732 1/1/2023 1/1/2024✓
✓
✓
A MWTB 20018 1/1/2023 1/1/2024
✓
A MWC 115397 15 (AOS) 1/1/2023 1/1/2024 ✓
A MWXS 822 15 (OH) 1/1/2023 1/1/2024
N
C Excess Auto & Employer's Liability P-001-001065181-01 $5M Ea. Occurrence / $5M Aggregate Other Policies See Schedule of Other Policies
Old Republic Insurance Company 24147
AXIS Surplus Insurance Company 26620
✓
72139156 | 000-U.S. | 23/24 GL AU XS WC (OT Policy Schedule) | Kim Thompson | 12/27/2022 4:48:31 PM (CST) | Page 1 of 7 This certificate cancels and supersedes ALL previously issued certificates.
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
A Waiver of Subrogation is granted to the extent required by contract. 000-U.S.
Aon Risk Services Central, Inc. KONE Inc.
Attn: [email protected]
One KONE Court
Moline IL 61265
25 Certificate of Liability (03/16)
ADDENDUM
HOLDER:
ADDRESS:
City Of Sacramento C/O EXIGIS Risk Management Services
PO Box 4668 - ECM #35050 New Y ork NY 10163-4668
72139156 | 000-U.S. | 23/24 GL AU XS WC (OT Policy Schedule) | Kim Thompson | 12/27/2022 4:48:31 PM (CST) | Page 2 of 7 This certificate cancels and supersedes ALL previously issued certificates.
PCA 001 10 13
IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
SCHEDULE
Name of Person(s) or Organization(s):
With respect to COVERED AUTOS LIABILITY COVERAGE , Who Is An Insured is changed with the addition of the following:
Each person or organization shown in the Schedule for whom you are doing work is an “insured". But only for "bodily injury" or "property damage" that results from the ownership, maintenance or use of a covered "auto" by:
1. You;
2. an "employee" of yours; or
3. anyone who drives a covered "auto" with your permission or with the permission of one of your "employees".
However, the insurance afforded to the person or organization shown in the Schedule shall not exceed the scope of coverage and/or limits of this policy. Not withstanding the foregoing sentence, in no event shall the insurance provided by this policy exceed the scope of coverage and/or limits required by the contract or agreement.
KONE Holdings, Inc.
__
MWTB 20018
01/01/2023 01/01/2024
72139156 | 000-U.S. | 23/24 GL AU XS WC (OT Policy Schedule) | Kim Thompson | 12/27/2022 4:48:31 PM (CST) | Page 3 of 7 This certificate cancels and supersedes ALL previously issued certificates.
CO MMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 04 13 -RWYVERGI7IVZMGIW3JJMGI-RG
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
8LMWIRHSVWIQIRXQSHMJMIWMRWYVERGITVSZMHIHYRHIVXLIJSPPS[MR K
'311)6'-%0+)2)6%00-%&-0-8='3:)6%+)4%68
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
-RJSVQEXMSRVIUYMVIHXSGSQTPIXIXLMW7GLIHYPIMJRSXWLS[REFSZI[MPPFIWLS[RMRXLI(IGPEVEXMSRW 3R *MPI
;MXL 'SQTER]%W 6IUYMVIH F] ;VMXXIR 'SRXVEGX YRPIWW WTIGMJMGEPP] IRHSVWIH SR ERSXLIV IRHSVWIQIRX EXXEGLIH XS XLMW 4SPMG]
KONE Holdings, Inc.
__
MWZY 57732
01/01/2023 01/01/2024
72139156 | 000-U.S. | 23/24 GL AU XS WC (OT Policy Schedule) | Kim Thompson | 12/27/2022 4:48:31 PM (CST) | Page 4 of 7 This certificate cancels and supersedes ALL previously issued certificates.
-RWYVERGI7IVZMGIW3JJMGI-RG
CG 20 10 04 13
A. Section II – Who Is An Insured MW E Q I R H I H X S MRGPYHI EW ER EHHMXMSREP MRWYVIH XLI TIVWSR
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GSQTPIXIH SV
2. 8LEX TSVXMSR SJ ]SYV [SVO SYX SJ [LMGL XLI MRNYV] SV HEQEKI EVMWIW LEW FIIR TYX XS MXW
MRXIRHIH YWI F] ER] TIVWSR SV SVKERM^EXMSR
SXLIV XLER ERSXLIV GSRXVEGXSV SV WYFGSRXVEGXSV
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C. ;MXL VIWTIGX XS XLI MRWYVERGI EJJSVHIH XS XLIWI EHHMXMSREP MRWYVIHW XLI JSPPS[MRK MW EHHIH XS
Section III – Limits Of Insurance:
-J GSZIVEKI TVSZMHIH XS XLI EHHMXMSREP MRWYVIH MW VIUYMVIHF]E GSRXVEGXSVEKVIIQIRXXLIQSWX[I
[MPP TE] SR FILEPJ SJ XLI EHHMXMSREP MRWYVIH MW XLI EQSYRXSJMRWYVERGI
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2. %ZEMPEFPI YRHIV XLI ETTPMGEFPI 0MQMXW SJ
-RWYVERGIWLS[RMRXLI(IGPEVEXMSRW
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ETTPMGEFPI 0MQMXW SJ -RWYVERGI WLS[R MR XLI
(IGPEVEXMSRW
KONE Holdings, Inc.
__
MWZY 57732
01/01/2023 01/01/2024
72139156 | 000-U.S. | 23/24 GL AU XS WC (OT Policy Schedule) | Kim Thompson | 12/27/2022 4:48:31 PM (CST) | Page 5 of 7 This certificate cancels and supersedes ALL previously issued certificates.
COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 01 12 19
-RWYVERGI7IVZMGIW3JJMGI -RG
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
8LMWIRHSVWIQIRXQSHMJMIWMRWYVERGITVSZMHIHYRHIVXLIJSPPS[MRK
'311)6'-%0+)2)6%00-%&-0-8= '3:)6%+)4%68
0-59360-%&-0-8='3:)6%+)4%68
463(9'87'3140)8)(34)6%8-3270-%&-0-8='3:)6%+)4%68
8LI JSPPS[MRK MW EHHIH XS XLI Other Insurance
'SRHMXMSR ERH WYTIVWIHIW ER] TVSZMWMSR XS XLI
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Primary And Noncontributory Insurance
8LMW MRWYVERGI MW TVMQEV] XS ERH [MPP RSX WIIO
GSRXVMFYXMSR JVSQ ER] SXLIV MRWYVERGI EZEMPEFPI XS ER EHHMXMSREP MRWYVIH YRHIV ]SYV TSPMG] TVSZMHIH XLEX
(1) 8LI EHHMXMSREP MRWYVIH MW E 2EQIH -RWYVIH
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KONE Holdings, Inc.
__
MWZY 57732
01/01/2023 01/01/2024
72139156 | 000-U.S. | 23/24 GL AU XS WC (OT Policy Schedule) | Kim Thompson | 12/27/2022 4:48:31 PM (CST) | Page 6 of 7 This certificate cancels and supersedes ALL previously issued certificates. -2796)( '34=
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MWC 115397 15 (AOS)
01/01/2023 01/01/2024
72139156 | 000-U.S. | 23/24 GL AU XS WC (OT Policy Schedule) | Kim Thompson | 12/27/2022 4:48:31 PM (CST) | Page 7 of 7 This certificate cancels and supersedes ALL previously issued certificates.