City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-00585 4/29/2025 Item 4.
Agreement: SAFE Credit Union Convention Center Elevator Modernization Services File ID: 2025-00585
Location: 1400 J Street, District 4
Recommendation: Pass a Motion: 1) approving the use of the Omnia Partners cooperative contract with Kone, Inc. (Contract No. EV2516) for the SAFE Credit Union Convention Center Freight Elevator #5 and Passenger Elevator #6 Modernization in an amount not to exceed $690,000; and 2) authorizing the Interim City Manager or designee to execute a Construction Contract for the above.
Contact: Mack Smith, Engineering Manager, (916) 808-5445, [email protected]; Jonathan Wiser, Interim Convention Center General Manager, (916) 808-8220, [email protected]; Convention and Cultural Services Department Presenter: None
Attachments:
1-Description/Analysis
2-Construction Contract with Kone, Inc.
Description/Analysis
Issue Detail: The freight elevator #5 and the passenger elevator #6 at the SAFE Credit Union Convention Center are over 29 years old. Requests for maintenance and repair services on them have become more frequent. Due to the need to transport personnel, equipment and materials up and down the SAFE Credit Union Convention Center during the recent renovation project, these elevators were left operational.
In working with Visit Sacramento and the nearby hotel groups, a block of time has been held in calendar year 2025 for these elevators to be taken offline for the services to occur with minimal impact to the events at the SAFE Credit Union Convention Center.
As replacement parts are getting harder to find, staff recommends executing a Construction Contract with Kone, Inc. for an amount not to exceed $690,000.
Policy Considerations: The recommendations in this report are consistent with the provisions of
File ID: 2025-00585 4/29/2025 Item 4.
Sacramento City Code 3.60: Contracts for Public Projects. Per City Code section 3.60.090, all contracts for public projects involving an expenditure of $250,000 or more require approval by the city council.
Economic Impacts: The recommended contract is expected to create 5.11 jobs (3.24 direct jobs and
1.87 jobs through indirect and induced activities) and create $673,800 in total economic output ($431,923 of direct output and $241,877 of indirect and induced activities).
The indicated economic impacts are estimates calculated using a calculation tool developed by the 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: This action is exempt from review under CEQA pursuant to CEQA Guidelines section 15301. The action involves the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or mechanical equipment, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The exemption covers interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; and similar facilities; restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. The project qualifies for a Categorical Exemption under Article 19 of CEQA Guidelines Section 15301, existing facilities.
Sustainability: None.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Kone, Inc. currently provides elevator/escalator maintenance and repair services at the SAFE Credit Union Convention Center through their Omnia Partners Cooperative Contract No. EV2516.
This cooperative contract was competitively bid, and Omnia Partners receives greater discounts due to a higher contract volume that 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
File ID: 2025-00585 4/29/2025 Item 4.
reports, awarding, protests, 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 saving opportunities for the City.
Financial Considerations: Sufficient funding is available (Community Center Fund, Fund 6010) in the Community Center Improvement Program (M17100000) to execute the contract with Kone, Inc. in an amount not to exceed $690,000 for SAFE Credit Union Convention Center elevator modernization services.
Local Business Enterprise (LBE): Kone, Inc. is an LBE vendor.
Form approved by City Attorney 111171
AGREEMENT(Construction Contract Over $25,000)THIS AGREEMENT, dated for identification , 2025, is made and enteredinto between the CITY OF SACRAMENTO, a municipal corporation(City),andKONE INC.,10151 Croydon Way, Sacramento, CA 95827(Contractor)in an amount not to exceedSIXHUNDRED AND NINETY THOUSAND DOLLARS AND ZERO CENTS ($690,000.00).The City and Contractor hereby mutually agree as follows:1. CONTRACT DOCUMENTSThe Contract Documents, sometimes also referred to as theContract,consist of thefollowing items, which are hereby incorporated by reference as if set forth in full in thisAgreement:Notice to ContractorsProposal Form submitted by the ContractorInstructions to BiddersSubcontractor and Local Business Enterprise Participation FormDrugFree Workplace Policy and AffidavitConstruction and Demolition (C&D) Debris Recycling RequirementsWorkersCompensation Insurance CertificationFederal or State funding requirements (if applicable)Local Business Enterprise (LBE) RequirementsRequirements of the NonDiscrimination in Employee Benefits CodeBanTheBox RequirementsNotice Regarding Assembly Bill 626Addenda, if anyThis AgreementStandard SpecificationsSpecial ProvisionsPlans and Technical SpecificationsThe drawings and other data and all developments thereof prepared by City pursuantto the ContractAny modifications of any of the foregoing made or approved by City, including but notlimited to duly authorized change ordersUnless specifically noted otherwise, references to theStandard Specificationsshall meanand refer to the Standard Specifications for Public Construction of the City of Sacramentoapproved by the Sacramento City Council on November 10, 2020 (Resolution No. 20200354),and any subsequent amendments thereto approved by the Sacramento City Council or theSacramento City Manager. Work called for in any one Contract Document and not mentionedin another is to be performed and executed as if mentioned in all Contract Documents. Thetable of contents, titles and headings contained in the Contract Documents are providedsolely to facilitate reference to various provisions of the Contract Documents and in no wayaffect or limit the interpretation of the provisions to which they refer.
Form approved by City Attorney 111172
2. DEFINITIONSUnless otherwise specifically provided herein, all words and phrases defined in the StandardSpecifications shall have the same meaning and intent in this Agreement.3. AGREEMENT CONTROLSIn the event of a conflict between any of the terms and conditions set forth in this Agreementand the terms and conditions set forth in other Contract Documents, the terms andconditions set forth in this Agreement shall prevail, except that the provisions of any dulyauthorized change order shall prevail over any conflicting provisions of this Agreement.4. SCOPE OF CONTRACTContractor agrees to furnish all tools, equipment, apparatus, facilities, labor, material andtransportation necessary to perform and complete in a good and workmanlike manner to thesatisfaction of City, all the Work called for in the Contract Documents entitled:ELEVATOR #5 AND #6 MODERNIZATION SERVICESContractor agrees to perform such Work in the manner designated in and in strict conformitywith the Contract Documents.Prior to the performance of any Work, Contractor shall provide performance and paymentbonds on Cityapproved forms for the amount of this agreement. Contractor shall notcommence work prior to receiving a notice to proceed from the City.5. CONTRACTAMOUNT AND PAYMENTSPursuant to Sacramento City Code Section 3.60.180, the Contractor is required and agrees topay the State of California, Department of Industrial Relations prevailing wage rates forcovered trades employed. The prevailing wage rates may be found athttp://www.dir.ca.gov/dlsr/pwd/.For this Work, the Contractor agrees to utilizeapprentices, as required by the State of California Labor Code. Contractor and every lowertier subcontractor shall submit certified payrolls and labor compliance documentationelectronically when and as required by City. Contractor is responsible for compliance withSacramento City Code section 3.60.180 and shall include these requirements in everysubcontract or subcontract. This Agreement is subject to compliance monitoring andenforcement by the California Department of Industrial Relations, as specified in CaliforniaLabor Code section 1771.4.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 andsubject to deductions, withholdings and additions as specified in the Contract Documents, atotal sum that shall not exceed the bid proposal received for this Work. In addition, subject Form approved by City Attorney 111173
to deductions, withholdings and additions as specified in the Contract Documents, paymentfor individual items of the Work shall be computed as follows:A. For items of the Work for which a lump sum price is specified inContractorsProposal,Contractor shall be paid the lump sum price(s) specified inContractorsProposal; andB. For items of the Work for which a unit price is specified inContractorsProposal,Contractor shall be paid the sum computed at such unit price, or computed at adifferent price if such different price is determined by City in accordance with theStandard Specifications, based on the actual amount of each such item performedand/or furnished and incorporated in the Work; provided that in no event shall thetotal sum for a unit price item exceed the total bid amount set forth for such item intheContractorsProposal, unless authorized by Change Order.C. If the manufacturing date for materials went beyond twelve (12) months afterContract date through City delays, Contractor shall be entitled to an equitableadjustment in the Price, including but not limited to, any increased costs between thetime the Contract is signed and the date of manufacture for materials or labor asapproved by the City up to (and not exceeding) $25,000 above contracted price.D. Contractor shall be entitled to an adjustment in the Price, including but not limited toany increased costs of materials, resulting from any change in law (by legislation,executive order, treaty or other similar means), or any increase in duties or tariffs onimported materials, raw materials and/or finished goods, whether imposed bydomestic or foreign governments as approved by the City up to (and not exceeding)$25,000 above contracted price.6. PROGRESS PAYMENTSSubject to the terms and conditions of the Contract, City shall cause payments to be madeupon demand of Contractor as follows:A. On or about the first of the month, Contractor shall present a statement to City (in theformat required by City) showing applicable costs that occurred pursuant to thepayment schedule at section 4 of Appendix3 ofContractorsproposal through thetwentieth (20) calendar day of the preceding month. After both Contractor andEngineer approve the statement in writing, and theCityslabor compliance officerprovides written approval, the City shall issue a certificate for ninetyfive (95) percentof the amount it shall find to be due, subject to any deductions or withholdingsauthorized or required under the Contract or any applicable Laws or Regulations.B. No inaccuracy or error in said monthly estimates shall operate to release Contractorfrom damages arising from such Work or from enforcement of each and everyprovision of the Contract Documents, and City shall have the right subsequently tocorrect any error made in any estimate for payment.C. Contractor shall not be paid for any defective or improper Work.
Form approved by City Attorney 111174
D. The remaining five (5) percent of the value of the Work performed under theContract, if unencumbered and subject to any deductions or withholdingsauthorized or required under the Contract or any applicable Laws or Regulations,shall be released not later than sixty (60) days after completion and finalacceptance of the Work by City. Acceptance by Contractor of the final paymentshall constitute a waiver of all claims against the City arising under the ContractDocuments, except for disputed claims in stated amounts that the Contractorspecifically reserves in writing, but only to the extent that the Contractor hascomplied with all procedures and requirements applicable to the presentation andprocessing of such claim(s) under the Contract Documents. Contractor shall beentitled to substitute securities for retention or to direct that payments ofretention be made into escrow, as provided in Public Contract Code Section22300, upon execution of theCitysEscrow Agreement for Security Deposits inLieu of Retention.E. The parties agree that, for purposes of the timely progress payment requirementsspecified in Public Contract Code Section 20104.50, the date that the City receives astatement jointly approved by the Contractor and the Engineer as provided aboveshall be deemed to constitute the date that City receives an undisputed and properlysubmitted payment request from the Contractor. Progress payments not made within30 days after this date may be subject to payment of interest as provided in PublicContract Code Section 20104.50.F. This Contract is subject to compliance monitoring and enforcement by the CaliforniaDepartment of Industrial Relations, as specified in California Labor Code section1771.4.7. RETENTION OF SUMS CHARGED AGAINST CONTRACTORWhen, under the provisions of this Contract or any applicable Laws or Regulations, City isauthorized or required to withhold, deduct or chargeany sum of money against Contractor,City may deduct and retain the amount of such charge from the amount of the nextsucceeding progress estimate(s), or from any other moneys due or that may become dueContractor from City. If, on completion or termination of the Contract, sums due Contractorare insufficient to pay City's charges, City shall have the right to recover the balance fromContractor or its Sureties.8. COMMENCEMENT AND PROSECUTION OF WORKContractor shall commence the Work not later than fifteen (15) working days after the dateof the written Notice to Proceed from City to Contractor and shall diligently prosecute theWork to final completion. The phasecommencetheWorkmeans to engage in a continuousprogram onsite including, but not limited to, site clearance, grading, dredging, land fillingand the fabrications, erection, or installation of the Work. The Notice to Proceed shall beissued within fifteen (15) calendar days following execution of the Agreement by the City andthe filing by Contractor of the required Bonds and proof of insurance, provided that the Form approved by City Attorney 111175
Engineer may delay issuance of the Notice to Proceed if the Engineer determines in theEngineerssole discretion that conditions on the site of the Work are unsuitable forcommencement of the Work. After the Notice to Proceed is issued, the continuousprosecution of Work by Contractor shall be subject only to Excusable Delays as defined in thisAgreement.9. TIME OF COMPLETIONThe entire Work shall be brought to completion in the manner provided for in the ContractDocuments on or beforeMay 1, 2026(hereinafter called theCompletion Date)unlessextensions 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 forin the Contract Documents shall subject Contractor to liquidated damages as provided in thisAgreement. Time is and shall be of the essence in the performance of the Contract and theWork.10. PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORKThe payment of any progress payment, or the acceptance thereof by Contractor, shall notconstitute acceptance of the Work or any portion thereof and shall in no way reduce theliability of Contractor to replace unsatisfactory work or material, whether or not theunsatisfactory character of such work or material was apparent or detected at the time suchpayment was made.11. ACCEPTANCE NOT RELEASEContractor shall correct immediately any defective or imperfect work or materials that maybe discovered before final acceptance of the entire Work, whether or not such defectorimperfection was previously noticed or identified by the City. The inspection of the Work, orany part thereof, shall not relieve Contractor of any of its obligations to perform satisfactorywork as herein specified.Failure or neglect on the part of City or any of its officers, employees or authorized agents todiscover, identify, condemn or reject defective or imperfect work or materials shall not beconstrued to imply an acceptance of such work or materials, if such defect or imperfectionbecomes evident at any time prior to final acceptance of the entire Work, nor shall suchfailure or neglect be construed as barring City from enforcingContractorswarranty(ies) orotherwise recovering damages or such a sum of money as may be required to repair or rebuildthe defective or imperfect work or materials whenever City may discover the same, subjectonly to any statutes of limitation that may apply to any such claim.12. CITY'S RIGHT TO TAKE POSSESSION OF THE WORK IN WHOLE OR IN PARTThe City shall have the right at any time to enter upon the Work and perform work notcovered by this Contract, or to occupy and use a portion of the Work, prior to the date of the Form approved by City Attorney 111176
final acceptance of the Work as a whole, without in any way relieving Contractor of anyobligations under this Contract.13. NO WAIVER OF REMEDIESNeither the inspection by City, its officers, employees or agents, nor any certificate or otherapproval for the payment of money, nor any payment for, nor acceptance of the whole orany part of the Work by City, nor any extensions of time, nor any position taken by City, itsofficers, employees or its agents shall operate as a waiver of any provision of the ContractDocuments nor of any power herein reserved to City or any right to damages hereinprovided, nor shall any waiver of any breach of this Agreement be held to be a waiver of anyother or subsequent breach. All remedies provided in the Contract Documents shall be takenand 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. WARRANTYExcept as otherwise expressly provided in the Contract Documents, and excepting only itemsof 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 devicesof whatsoever nature incorporated in or attached to the Work, or otherwise provided as apart of the Work pursuant to the Contract, to be absolutely free of all defects of workmanshipand 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 ormaterial that may be displaced or damaged in so doing, that may prove defective inworkmanship or material within this one year warranty period without expense or charge ofany nature whatsoever to City.In the event that Contractor shall fail to comply with the conditions of the foregoing warrantywithin ten (10) days after being notified of the defect in writing, City shall have the right, butshall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall payto City on demand all costs and expense of such repair. Notwithstanding anything herein tothe contrary, in the event that any defect in workmanship or material covered by theforegoing warranty results in a condition that constitutes animmediate hazard to publichealth or safety, or any property interest, or any person, City shall have the right toimmediately repair, or cause to be repaired, such defect, and Contractor shall pay to City ondemand all costs and expense of such repair. The foregoing statement relating to hazards tohealth, safety or property shall be deemed to include both temporary and permanent repairsthat 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 allmanufacturersand other product warranties to the City, prior to completion and final acceptance of theWork by City.
Form approved by City Attorney 111177
TheContractorsPerformance Bond shall secure the performance of theContractorsobligations under this Section 14, and the Contractor and its Surety shall be jointly andseverally liable for these obligations.15. LIQUIDATED DAMAGES IF WORK NOT COMPLETED ON TIMEA. The actual fact of the occurrence of damages and the actual amount of the damagesthat City would suffer if the entire Work, and/or any specified portion thereof, werenot completed within the time(s) specified herein are dependent upon manycircumstances and conditions that could prevail in various combinations, and for thisreason, it is impracticable and extremely difficult to fix the actual damages. Damagesthat 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/orengineering staff; prolonged costs of administration, inspection, and supervision;increased operational expenses and/or impaired operation ofother facilitiesdependent upon completion of the project; and the loss and inconvenience sufferedby the public within the City of Sacramento by reason of the delay in the completionof the project or portion thereof. Accordingly, the parties agree, and by execution ofthis Agreement, Contractor acknowledges that it understands and agrees, that theamount(s) set forth herein as liquidated damages reflect thepartiesbest efforts atthe time of entering into the Contract to estimate the damages that may be incurredby City and the public due to theContractorsdelay in completion of the Work and/orany specified portion thereof, and shall be presumed to be the amount of damagessustained by the failure of Contractor to complete the entire Work and/or anyspecified portion thereof within the time(s) specified herein.B. Contractor shall pay liquidated damages to City for failure to complete the entireWork by the Completion Date (as extended in accordance with the ContractDocuments, if applicable) in the amount of$500.00for each calendar day after theCompletion Date (as extended in accordance with the Contract Documents, ifapplicable), continuing to the time at which the entire Work is completed. Suchamount is the actual cash value agreed upon by the City and Contractor as the loss toCity and the public resulting from Contractor's default. In no event, shall LiquidatedDamages exceed 25% of the total contract amount.The parties agree, and by execution of this Agreement, Contractor acknowledges thatit understands and agrees,that the foregoing provisions provide for the imposition ofliquidated damages from the Completion Date (as extended in accordance with theContract Documents, if applicable) until the date of completion of the entire Work asdetermined by the Engineer in accordance with Section 84 of the StandardSpecifications, whether or not the Work or any portion thereof is claimed ordetermined to be substantially complete prior to such date of completion.C. In the event Contractor shall become liable for liquidated damages, City, in additionto all other remedies provided by law, shall have the right to withhold any and allpayments that otherwise would be or become due Contractor until the liability ofContractor under this section is finally determined. City shall have the right to use Form approved by City Attorney 111178
and apply such payments, in whole or in part, to reimburse City for all liquidateddamages due or to become due to City. Any remaining balance of such payments shallbe paid to Contractor only after discharge in full of all liability incurred by Contractorunder this section or otherwise under any provision of the Contract Documents or anyapplicable Law or Regulation. If the sum so retained by City is not sufficient todischarge all such liabilities of Contractor, Contractor shall continue to remain liableto City until all such liabilities are satisfied in full. No failure by City to withhold anypayment as specified above shall in any manner be construed to constitute a releaseof any such liabilities nor a waiver of theCitysright to withhold payment for suchliabilities.16. INDEMNITY AND HOLD HARMLESSA. Contractor shall defend, hold harmless and indemnify the City, its officers,employees, and agents, and each and every one of them, from and against anyand all actions, damages, costs, liabilities, claims, demands, losses, judgments,penalties, costs and expenses of every type and description, whether arising on oroff the site of the Work, including, but not limited to, any fees and/or costsreasonably incurred byCitysstaff attorneys or outside attorneys and any fees andexpenses incurred in enforcing this provision (hereafter collectively referred to asLiabilities),including but not limited to Liabilities arising from personal injury ordeath, damage to personal, real or intellectual property or the environment,contractual or other economic damages, or regulatory penalties, arising out of orin any way connected with performance of or failure to perform the Work by theContractor, any subcontractor or agent, anyone directly or indirectly employed byany of them 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) suchLiabilities are litigated, settled or reduced to judgment; provided that theforegoing indemnity does not apply to liability for damages for death or bodilyinjury to persons, injury to property, or otherloss, damage or expense to theextent arising from (i) the sole negligence or willful misconduct of, or defects indesign furnished by, City, its agents, servants, or independent contractors who aredirectly responsible to City, or (ii) the active negligence of City.B. The existence or acceptance by City of any of the insurance policies or coveragesdescribed in this Agreement shall not affect or limit any ofCitysrights under thisSection 16, nor shall the limits of such insurance limit the liability of Contractorhereunder. The provisions of this Section 16 shall survive any expiration ortermination of the Contract.17. CONTRACTOR SHALL ASSUME RISKSUntil the completion and final acceptance by City of all Work under this Contract, the Workshall be under Contractor's responsible care and charge, and Contractor, at no cost to City,shall rebuild, repair, restore and make good all injuries, damages, reerections, and repairs Form approved by City Attorney 111179
occasioned or rendered necessary by accidental causes of any nature, to all or any portionsof the Work.18. GENERAL LIABILITY OF CONTRACTORExcept as otherwise herein expressly stipulated, Contractor shall perform all the Work andfurnish all the labor, materials, tools, equipment, apparatus, facilities, transportation, powerand light, and appliances, necessary or proper for performing and completing the Workherein required in the manner and within the time herein specified. The mention of anyspecific duty or liability of Contractor shall not be construed as a limitation or restriction ofany general liability or duty of Contractor, and any reference to any specific duty or liabilityshall be construed to be solely for the purpose of explanation.19. INSURANCEDuring the entire term of the Contract, Contractor shall maintain the insurance coveragedescribed in this Section 19.Full compensation for all premiums that Contractor is required to pay for the insurancecoverage described herein shall be included in the compensation specified for the Workperformed by Contractor under this Contract. No additional compensation will beprovided forContractorsinsurance premiums. Any available insurance proceeds inexcess 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 anyway be limited to or affected by the amount of insurance coverage required or carried bythe Contractor in connection with this Contract.A. Minimum Scope & Limits of Insurance Coverage(1) Commercial General Liability Insurance providing coverage at least asbroad as ISO CGL Form 00 01 on an occurrence basis for bodily injury,including death, of one or more persons, property damage, and personalinjury, arising out of activities performed by or on behalf of Contractor andits subcontractors, products and completed operations of Contractor andits subcontractors, and premises owned, leased, or used by Contractor andits subcontractors, with limits of not less than one million dollars($1,000,000) per occurrence. The policy shall provide contractual liabilityand products and completed operations coverage for the term of thepolicy.(2) Automobile Liability Insurance providing coverage at least as broad as ISOForm CA 00 01 for bodily injury, including death, of one or more persons,property damage, and personal injury, with limits of not less than onemillion dollars ($1,000,000) per accident. The policy shall provide coverage Form approved by City Attorney 1111710
for owned, nonowned, and/or hired autos as appropriate to theoperations of the Contractor.No automobile liability insurance shall be required if Contractor completesthe following certification:Icertify that a motor vehicle will not be used in the performanceof any work or services under thisagreement.________(Contractor initials)(3) Excess Insurance: The minimum limits of insurance required above may besatisfied by a combination of primary and umbrella or excess insurancecoverage; provided that any umbrella or excess insurance shall contain, orbe endorsed to contain, a provision that it shall apply on a primary basisfor the benefit of the CITY, and any insurance or selfinsurance maintainedby CITY, its officials, employees, or volunteers shall be in excess of suchumbrella or excess coverage and shall not contribute with it.(4)WorkersCompensation Insurance with statutory limits, andEmployersLiability Insurance with limits of not less than one million dollars($1,000,000). TheWorkersCompensation policy shall include a waiver ofsubrogation in favor of the City.NoWorkersCompensation insurance shall be required if Contractorcompletes the following certification:Icertify that my business has no employees, and that I do notemploy anyone. I am exempt from the legal requirements toprovide Workers' Compensationinsurance._________(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 endorsement asadditional insureds as respects general liability arising out of: activitiesperformed by or on behalf of Contractor and its subcontractors; productsand completed operations of Contractor and its subcontractors; andpremises owned, leased, or used by Contractor and its subcontractors.(2) Automobile Liability Insurance: The City, its officials, employees, andvolunteers shall be covered by policy terms or endorsement as additionalinsureds as respects auto liability.C. Other Insurance Provisions Form approved by City Attorney 1111711
The policies are to contain, or be endorsed to contain, the following provisions:(1)Contractorsinsurance coverage, including excess insurance, shall beprimary insurance as respects City, its officials, employees, and volunteers.Any insurance or selfinsurance maintained by City, its officials, employees,or volunteers shall be in excessofContractorsinsurance and shall notcontribute with it.(2) Any failure to comply with reporting provisions of the policies shall notaffect coverage provided to City, its officials, employees, or volunteers.(3) Coverage shall state thatContractorsinsurance shall apply separately toeach insured against whom claim is made or suit is brought, except withrespect to the limits of theinsurersliability.(4) City will be provided with thirty (30) days written notice of cancellation ormaterial change in the policy language or terms.D. Acceptability of InsuranceInsurance shall be placed with insurers with aBestsrating of not less than A:VI.Selfinsured retentions, policy terms or other variations that do not comply withthe requirements of this Section 3 must be declared to and approved by the Cityin writing prior to execution of thisContract.E. Verification of Coverage(1) Contractor shall furnish City with certificates and required endorsementsevidencing the insurance required. Copies of policies shall be delivered tothe City on demand. Certificates of insurance shall be signed by anauthorized representative of the insurance carrier.(2) For all insurance policy renewals during the term of thisContract,Contractor shall send insurance certificates reflecting the policy renewalsdirectly to:City of Sacramentoc/o EXIGIS LLCP.O. Box 947Murrieta, CA 92564Insurance certificates also may be faxed to (888) 3553599, or emailedto:[email protected] Form approved by City Attorney 1111712
(3) The City may withdraw its offer of contract or cancel this Contract if thecertificates of insurance and endorsements required have not beenprovided prior to execution of this Contract. The City may withholdpayments to Contractor or cancel the Contract if the insurance is canceledor Contractor otherwise ceases to be insured as required herein.F. SubcontractorsContractor shall require and verify that all subcontractors maintain insurancecoverage that meets the minimum scope and limits of insurance coveragespecified in subsection A, above.20. FAILURE TO MAINTAIN BONDS OR INSURANCEIf, at any time during the performance of this Contract, Contractor fails to maintain any itemof the bonds and/or insurance required under the Contract in full force and effect, Contractorshall immediately suspend all work under the Contract and notify City in writing of suchfailure. 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 noticeis received by City that such bonds and/or insurance have been restored in full force andeffect and that the premiums therefor have been paid for a period satisfactory to the Divisionof Risk Management. Contractor shall not resume work until notified by City to do so, andthe City shall have no responsibility or liability for any costs incurred by Contractor as a resultof such suspension of Work.In addition to the foregoing, any failure to maintain any item of the required bonds and/orinsurance at any time during the performance of this Contract will be sufficient cause fortermination of the Contract by City.The Contractor shall be solely responsible for, and shall defend, indemnify and hold harmlessthe City, its officers, employees and agents against and from, any and all damages, claims,losses, actions, costs or other expensesof any kind incurred by any party as a direct or indirectresult of any suspension of Work or termination of the Contract under the provisions of thisSection.21. EXCUSABLE DELAYSFor the purpose of these Contract Documents, the term "Excusable Delay" shall mean, and islimited to, delay caused directly by: acts of God; acts of a public enemy; fires; inclementweather as determined by the Engineer; riots; insurrections; epidemics; quarantinerestrictions; strikes; lockouts; sitdowns; acts of a governmental agency; priorities or privilegesestablished for the manufacture, assemble, or allotment of materials necessary in the Workby 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 inwhich to complete the Work; the prevention of Contractor from commencing or prosecutingthe Work because of the acts of others, excepting Contractor's subcontractors or suppliers; Form approved by City Attorney 1111713
or the prevention of Contractor from commencing or prosecuting the Work because of aCitywide failure of public utility service.The term "Excusable Delay" shall specifically not include: (i) any delay that could have beenavoided 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 ControllingOperation, whether or not such delay is unavoidable; (iii) any reasonable delay resulting fromtime 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 theprosecution of the Work on account of reasonable interference by other Contractorsemployed by City that does not necessarily prevent the completion of the entire Work withinthe time specified. Excusable Delays, if any, shall operate only to extend the Completion Date(not in excess of the period of such delay as determined by City) and shall not under anycircumstances increase the amount City is required to pay Contractor except as otherwiseprovided in these Contract Documents.22. CONTRACTOR TO SERVE NOTICE OF DELAYSWhenever Contractor foresees any delay in the prosecution of the Work, and in any event assoon as possible (not to exceed a period of ten (10) calendar days) after the initial occurrenceof any delay that Contractor regards as or may later claim to be an Excusable Delay, theContractor shall notify the Engineer in writing of such delay and its cause, in order that theEngineer: (i) may take immediate steps to prevent if possible the occurrence or continuanceof the delay; or (ii) if this cannot be done, may determine whether the delay is to beconsidered excusable, how long it continues, and to what extent the prosecution andcompletion of the Work are delayed thereby. Said written notice shall constitute anapplication for an extension of time only if the notice requests such an extension and setsforth the Contractor's estimate of the additional time required together with a full descriptionof the cause of the delay relied upon.After the completion of any part or whole of the Work, the Engineer, in estimating theamount due Contractor, will assume that any and all delays that may have occurred in itsprosecution and completion were not Excusable Delays, except for such delays for which theContractor has provided timely written notice as required herein, and that the Engineer hasfound to be excusable. Contractor shall not be entitled to claim Excusable Delay for any delayfor which the Contractorfailed to provide such timely written notice.23. EXTENSION OF TIMEIf the Contractor complies with Section 22, above, and the Engineer finds a delay claimed bythe Contractor to be an Excusable Delay, the Contractor shall be allowed an extension of timeto complete the Work that is proportional to the period of Excusable Delay determined bythe 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 liquidateddamages against the Contractor for such delay.
Form approved by City Attorney 1111714
If the City extends the time to complete the Work as provided herein, such extension shall inno way release any warranty or guarantee given by Contractor pursuant to the provisions ofthe Contract Documents, nor shall such extension of time relieve or release the sureties ofthe Bonds provided pursuant to the Contract Documents. By executing such Bonds, theSureties shall be deemed to have expressly agreed to any such extension of time. Thegranting of any extension of time as provided herein shall in no way operate as a waiver onthe part of City of its rights under this Contract, excepting only extension of the CompletionDate for such period of Excusable Delay as may be determined by the Engineer and approvedby a duly authorized change order.24. NO PAYMENT FOR DELAYSNo damages or compensation of any kind shall be paid to Contractor or any subcontractorbecause of delays in the progress of the Work whether or not such delays qualify forextension of time under this Agreement; except that this provision shall not preclude therecovery of damages for a delay caused by the City that is unreasonable under thecircumstances and that is not within the contemplation of the parties, provided that theContractor timely submits all such written notice(s) and fully complies with such otherprocedures as may be specified in the Contract Documents or any Laws or Regulations forContractor to claim damages for such delay.25. CHANGES IN THE WORKChanges in the Work authorized or directed in accordance with the Contract Documents andextensions of time of completion made necessary by reason thereof shall not in any wayrelease any warranty or guarantee given by Contractor pursuant to the provisions of theContract Documents, nor shall such changes in the Work relieve or release the Sureties onBonds provided pursuant to the Contract Documents. By executing such Bonds, the Suretiesshall be deemed to have expressly agreed to any such change in Work and to any extensionof time made by reason thereof.26. TERMINATION AFTER COMPLETION DATEIn addition to any other rights City may have, if any services or work required under theContract (including but not limited to punch list items) are not completed as of theCompletion Date (as adjusted by any extensions of time for Excusable Delays grantedpursuant to the Contract Documents), City may terminate the Contract at any time after theCompletion Date (as adjusted by any extensions of time for Excusable Delays grantedpursuant to the Contract Documents), by providing a written notice to Contractor specifyingthe date of termination. Such notice also may specify conditions or requirements thatContractor must meet to avoid termination of the Contract on such date. If Contractor failsto fulfill all such conditions and requirements by such termination date, or, if no suchconditions or requirements are specified, Contractor shall cease rendering services andperforming work on such termination date, and shall not be entitled to receive anycompensation for services rendered or work performed after such termination date. In theevent of such termination, Contractor shall remain liable to City for liquidated damagesincurred for any period of time prior to the termination date.
Form approved by City Attorney 1111715
In addition to any other charges, withholdings or deductions authorized under the Contractor any Laws or Regulations, if City terminates the Contract pursuant to this section, City maywithhold and deduct from any payment and/or retention funds otherwise due Contractor anysum necessary to pay the City's cost of completing or correcting, or contracting for thecompletion or correction of, any services or work under the Contract that are not completedto the satisfaction of the City or that otherwise are deficient or require correction as of suchtermination date, including but not limited to incomplete punch list items. Such costs shallinclude all of theCitysdirect and indirect costs incurred to complete or correct such servicesor work, including theCitysadministrative and overhead costs. If the amount of payment(s)and/or retention funds otherwise due the Contractor are insufficient to pay such costs, Cityshall have the right to recover the balance of such costs from the Contractor and/or itsSurety(ies).27. TERMINATION FOR CONVENIENCEUpon written notice to the Contractor, the City may at any time, without cause and withoutprejudice to any other right or remedy of the City, elect to terminate the Contract for theconvenience of City. In such case, the Contractor shall be paid (without duplication of anyitems, and after deduction and/or withholding of any amounts authorized to be deducted orwithheld by the Contract Documents or any Laws or Regulations):A. For Work executed in accordance with the Contract Documents prior to the effectivedate of termination and determined to be acceptable by the Engineer, including fairand reasonable sums for overhead and profit on such Work;B. For reasonable claims, costs, losses, and damages incurred in settlement ofterminated contracts with subcontractors, suppliers, and others; andC. For reasonable expensesdirectly attributable to termination.Contractor shall not be paid for any loss of anticipated profits or revenue for any Work notperformed prior to termination, nor for any economic loss arising out of or resulting fromsuch termination, except for the payments listed in this section.Contractorswarranty underSection 14 of this Agreement shall apply, and Contractor shall remain responsible for allobligations related to such warranty, with respect to all portions of the Work performed priorto the effective date of the termination for convenience pursuant to this section. The Cityshall be entitled to have any or all remaining Work performed by other contractors or by anyother means at any time after the effective date of a termination for convenience pursuantto this section.28. TERMINATION FOR BREACH OF CONTRACTIf Contractor abandons the Work under this Contract, or if the Contract or any portion of theContract is sublet or assigned without the consent of the City, or if the Engineer determinesin theEngineerssole discretion that the conditions of the Contract in respect to the rate of Form approved by City Attorney 1111716
progress of the Work are not being fulfilled or any part thereof is unnecessarily delayed, or ifContractor violates or breaches, or fails to execute in good faith, any of the terms orconditions of the Contract, or if Contractor refuses or fails to supply enough properly skilledlabor or materials or refuses or fails to make prompt payment to subcontractors for materialor labor, or if Contractor disregards any Laws or Regulations or proper instruction or ordersof the Engineer, then, notwithstanding any provision to the contrary herein, the City may giveContractor and its Sureties written notification to immediately correct the situation or theContract shall be terminated.In the event that such notice is given, and, in the event such situation is not corrected, orarrangements for correction satisfactory to the City are not made, within ten (10) calendardays from the date of such notice or within such other period of time as may be specified bythe City in the notice, the Contract shall upon the expiration of said period cease andterminate. In the event of any such termination, City may take over the Work and prosecutethe Work to completion, or otherwise, and the Contractor and its Sureties shall be liable toCity for any cost occasioned City thereby, as hereinafter set forth.In the event City completes the Work, or causes the Work to be completed, no payment ofany kind shall be made to Contractor until the Work is complete. The cost of completing theWork, including but not limited to, extra costs of project administration and managementincurred by City, both direct or indirect, shall be deducted from any sum then due, or thatbecomes due, to Contractor from City. If sums due to Contractor from City are less than thecost of completing the Work, Contractor and its Sureties shall pay City a sum equal to thisdifference on demand. In the event City completes the Work, and there is a sum remainingdue to Contractor after City deducts the costs of completing the Work, then City shall paysuch sum toContractor. The Contractor andContractorsSureties shall be jointly andseverally liable for all obligations imposed on Contractor hereunder.No act by City before the Work is finally accepted, including, but not limited to, exercise ofother rights under the Contract, actions at law or in equity, extensions of time, payments,assessments of liquidated damages, occupation or acceptance of any part of the Work, waiverof any prior breach of the Contract or failure to take action pursuant to this section upon thehappening of any prior default or breach of Contractor, shall be construed to be a waiver orestoppel of theCitysright to act pursuant to this Section upon any subsequent event,occurrence or failure by Contractor to fulfill the terms and conditions of the Contract. Therights of City to terminate the Contract pursuant to this Section and pursuant to Sections 26and 27 are cumulative and are in addition to all other rights of City pursuant to the Contractand at law or in equity.29. CONTRACTOR BANKRUPTIf Contractor should commence any bankruptcy proceeding, or if Contractor is adjudged abankrupt, or if Contractor makes any assignment for the benefit of creditors, or if a receiveris appointed on account of Contractor's insolvency, then the City may, without prejudice toany other right or remedy, terminate the Contract and complete the work by giving notice asprovided in Section 28 above.
Form approved by City Attorney 1111717
30. SURETIESOBLIGATIONS UPON TERMINATIONIf the City terminates the Contract pursuant to Section 28 or Section 29 above:A. The Surety underContractorsperformance bond shall be fully responsible for all oftheContractorsremaining obligations of performance under the Contract as if theSurety were a party to the Contract, including without limitationContractorsobligations, as provided in the Contract Documents, to complete and provide a oneyear warranty of the entire Work, pay liquidated damages and indemnify, defend andhold harmless City, up to the full amount of the performance bond.B. The Surety underContractorspayment bond shall be fully responsible for theperformance of all of theContractorsremaining payment obligations for work,services, equipment or materials performed or provided in connection with the Workor any portion thereof, up to the full amount of the payment bond.31. ACCOUNTING RECORDS OF CONTRACTORDuring performance of the Contract and for a period of three (3) years after completingthe entire Work, Contractor shall maintain all accounting and financial records related tothe Contract and performance of the Work in accordance with generally acceptedaccounting practices, and shall keep and make such records available for inspection andaudit by representatives of the City upon reasonable written notice.32. USE TAX REQUIREMENTSDuring the performance of this Agreement, CONTRACTOR, for itself, its assignees andsuccessors 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 theAgreement and shipped from outside California, the Contractor and anysubcontractors leasing or purchasing such materials, equipment, supplies or othertangible personal property shall obtain a Use Tax Direct Payment Permit from theCalifornia State Board of Equalization(SBE)inaccordance with the applicableSBE criteria and requirements.B. Sellers Permit: For any construction contract and any construction subcontract inthe amount of $5,000,000 or more, Contractor and the subcontractor(s) shallobtain sellers permits from the SBE and shall register the jobsite as the place ofbusiness for the purpose of allocating local sales and use tax to the City.Contractor and its subcontractors shall remit the selfaccrued 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 prohibited by the fundingsource for the Agreement.
Form approved by City Attorney 1111718
33. NONDISCRIMINATION IN EMPLOYEE BENEFITSThis Agreement may be subject to the requirements of Sacramento City Code Chapter3.54, NonDiscrimination in Employee Benefits by City Contractors. The ContractDocuments include a summary of the requirements of Sacramento City Code Chapter3.54, entitledRequirementsof the NonDiscriminationin Employee BenefitsCode.Bysigning this Agreement, Contractor acknowledges and represents that Contractor hasread and understands these requirements and agrees to fully comply with all applicablerequirements of Sacramento City Code Chapter 3.54. If requested by City, Contractoragrees to promptly provide such documents and information as may berequired by Cityto verifyContractorscompliance. Any violation by Contractor of Sacramento City CodeChapter 3.54 constitutes a material breach of this Agreement, for which the City mayterminate the Agreement and pursue all available legal and equitable remedies.34. CONSIDERING CRIMINAL CONVICTION INFORMATION IN THE EMPLOYMENTAPPLICATION PROCESSThis Agreement may be subject to the requirements of Sacramento City Code Chapter3.62, Procedures for Considering Criminal Conviction Information in the EmploymentApplication Process. The Contract Documents include a summary of the requirements ofSacramento City Code Chapter 3.62, entitledBanTheBoxRequirements.By signing thisAgreement, Contractoracknowledges and represents that Contractor has read andunderstands these requirements and agrees to fully comply with all applicablerequirements of Sacramento City Code Chapter 3.62. If requested by City, Contractoragrees to promptly provide such documents and information as may be required by Cityto verifyContractorscompliance. Any violation by Contractor of Sacramento City CodeChapter 3.62 constitutes a material breach of this Agreement, for which the City mayterminate the Agreement and pursue all available legal and equitable remedies.Contractor agrees to require its subcontractors to fully comply with all applicablerequirements of Sacramento City Code Chapter 3.62, and include these requirements inall subcontracts covered by Sacramento City Code Chapter 3.62.35. DIR REGISTRATIONCalifornia Labor Code 1725.5 requires the Contractor and all lowertier subcontractorsperforming public works services to be currently registered with the CaliforniaDepartment of Industrial Relations (DIR), as specified in California Labor Code Section1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractorshall not be qualified to bid on, be listed in bid proposal (subject to the requirements ofSection 4104 of the California Public Contract Code) or engage in the performance of anycontract for public work, unless currently registered and qualified to perform public workpursuant to California Labor Code Section 1725.5. Further information can be found onDIRswebsite at http://www.dir.ca.gov/PublicWorks/Contractors.html. The abovesummary is provided solely for informational purposes and does not in any way affect the Form approved by City Attorney 1111719
Contractor's andsubcontractorsobligation to comply in all respects with all otherapplicable laws and regulations. The Contractor shall disseminate these provisions toevery lowertier subcontractor.
Form approved by City Attorney 1111720
CONTRACTOR INFORMATION1000003806DIR Registration #362357423Federal ID#State ID#68605City of Sacramento Business Operation Tax Certificate No. (City will not award contract untilCertificate Number is obtained)Type of Business Entity(check one):_____ Individual/Sole Proprietor_____ Partnership__x__ Corporation_____ Limited Liability Company_____Other (please specify:________________) SCOPE OF WORKContractor to provide elevator modernizaon services on Freight Elevator #5 and Passenger Elevator #6at the SAFE Credit Union Convenon Center (1400 J Street, Sacramento, CA 95814) as provided in theKone Modernizaon Proposal Scope of Work.The pricing shall be established under the Cooperave Agreement No. EV2516 with City of Kansas City,MO and Omnia Partners, Public Sector (US Communies) that is valid through November 30, 2029.
KONE Internal
KONE MODERNIZATION PROPOSALSCOPE OF WORKProposal: SAFE Credit Union Convention Center Freight #5 & Passenger #6 – Elevator ModernizationProposal Date: 2/10/2025 KONE Internal 2/10/2025KONE Inc.Elevators & Escalators10151 Croydon WaySacramento, CA 95827Mobile (916) [email protected] Mack Smith,We are pleased to enclose, for your review and consideration, KONE's proposal to modernize your equipment located at the following address for the amount of $640,000.00(incl. use tax):SAFE Credit Union Convention Center: Freight #5 and Passenger #6This proposal is based on 2025 installation.This proposal is valid for (30) days.Anticipated downtime: 11 weeks (Freight) and 5 weeks (passenger) for modernization + 2 weeks for inspection eachPlease 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 SCHEDULE OF VALUES Engineering 50% Material 30% Labor 20% Retention
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KONE Internal1. Why KONE?KONE in briefKONE 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 projectKONE 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-usersImproved eco-efficiency, reduced energy consumption Improved safety according to latest standards
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KONE Internal2. Ensuring your project successProject OverviewKONE Responsibility CUSTOMER Responsibility KONE andCUSTOMER Site CornerstonesBy 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 arriveLoading and storage area of suitable size for materials, waste and waste storage, and toolsSafe access route for new materials and materials being removedAccess permissions and cards or other access devices for KONE techniciansOther works as agreed in the project plan, if not managed by KONEPlease 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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KONE Internal3A. Your solution- FREIGHTEquipment # 20312441 / state# 105039Address 1400 J STREET, SacramentoRated load 15,000 lbsRated speed200 fpmTravel height 53 ft 0 inNumber of floors 3 floors / 1 front openings / 3 rear openingMachine/ motorMachine- retained. A rope gripper will be providedNew Hoist MotorA new hoist motor shall be provided. The motor will be designed to stand the loads encountered for elevator service, sufficient capacity to operate with the contract load and speed without overheating, and will be rated in accordance with the standards of the IEEE.ElectrificationCustom Controller Traction-Motion Control EngineeringProvide microprocessor-based control system 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. 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.FixturesCustom FixturesNew signalization shall be provided as required.
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KONE InternalDoorsPower Freight Doors-PeelleNew power freight door equipment shall be provided as applicable.Re-motorize existing (4) Peelle counterbalanced freight elevator landing doors. Hoistway poweroperated sheaves, interlock, encoder, unlocking device guide shoes, side tension latching, chainand chain rods at each opening to be re-motorized. Motorized sheave, contact chain & chainstuds, guide shoes, warning buzzer, encoder, light curtain to power operate existing (2) cardoors.Motor operated retiring cam. Standard Peelle double line Wireless controller, with power trans-former for 480/220V/3Ph/60Hz power supply,to operate the landing and car doors. Theoperatingcontrol system for the landing and car doors will be provided withsequence operation. Automaticclosing and Fire Service by elevator controller.Shaft equipmentComp. Ropes & ChainsNew compensation (ropes or encapsulated chain) as required.Traction RopesNew 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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KONE InternalSolution detailsElevator 20312441 ElectrificationProduct name Custom Controller Traction-MCEElevator group size SimplexQty of COPs 1 FixturesProduct name Custom FixturesCapacity [LBS] 15000 Qty of COPs 1 Qty of new hall stations 4 Qty of hoistway access switches2 Shaft equipmentProduct name Comp. Ropes & ChainsCapacity [LBS] 15000 Speed [FPM]200New roping ratio 2:1Compensation type New Whisper-Flex style compensation will be provided to ensure proper counter balance in accordance with application criteria.Compensation quantity 2 Guidance system YesHoist cable diameter 5/8 inQty of hoist cables 8 Product name Traction RopesCapacity [LBS] 15000 New roping ratio 2:1Hoist cable diameter 5/8 inQty of hoist cables 8 Shackles New shackles will be provided.
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KONE Internal3B. Your solution- Passenger #6Equipment # 20312440 / 105041Address 1400 J STREET, 95814-2918, SACRAMENTORated load 3000 lbsRated speed 150 fpmTravel height 38 ft 0 inNumber of floors 2 floors / 1 front openings / 1 rear openingElectrificationKONE HydroMod DXKONE HydroMod 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 HydroMod 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. 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.FixturesCustom FixturesNew signalization shall be provided as required.
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KONE InternalDoorsDoor Panel(s)New car doors shall be UL fire rated 1 1/2 hour.KONE ReNova Door OperatorA 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 LightThe 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.Shaft equipmentGuide ShoesNew roller guide assemblies shall be provided.
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KONE InternalHydraulic equipmentField Pipe & AccessoriesNew field pipe and or accessories shall be provided as required.Power Unit- Custom size to fit in machine roomA hydraulic power unit, especially designed and manufactured for this service, will be furnished. The motor and pump will be submersed under the oil inside the tank in order to provide for sound isolation. A muffler, designed to reduce pulsation and noise which may be present in the flow of hydraulic oil, will be provided in the oil line at the top of the pump. Control valves, including safety check valve, up direction valve with high pressure relief including up leveling and soft stop features, lowering valve including down leveling and manual leveling feature, will be mounted in a compact unit assembly. A valve, designed to shut off the flow of oil between the cylinder and the Power Unit, will be provided in the oil line in the machine room. Automatic two-way leveling will be provided to automatically stop and maintain the car approximately level with the landing, regardless of change in load.An up traveling car will automatically descend to the lower terminal landing if the hydraulic system does not have a sufficient reservoir of oil. Power operated car and hoistway doors will automatically open at the lowest terminal landing permitting passenger egress. The doors will then automatically close and all control buttons, except the Door Open Button in the car operating panel, will be made ineffective.
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KONE InternalSolution detailsElevator 20312440 / Solution 1ElectrificationProduct name KONE HydroMod DXElevator group size SimplexNumber of floors served 2 Code year 2004 Speed [FPM] 150 NEMA rating (HW) Hoistway rating is NEMA 1.NEMA rating (MR) Machine room rating is NEMA 1.Power supply voltage [v] 480 Type of power unit Dry mountMachine 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).New motor size (hp) 50 Motor Starts per Hour 80 StandardType 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 3-D type will be provided.Qty of COPs 2 Battery backup Battery backup shall be provided. Battery backup allows passengers to safely exit an elevator in the event of a power outage.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).Positive Pressure Switch YesVoice 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.FixturesProduct name Custom FixturesNumber of floors served 2 Capacity [LBS] 3000 Qty of COPs 2 Qty of new hall stations 2
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KONE InternalQty of car direction lanterns4 Qty of hoistway access switches2 DoorsProduct name Door Panel(s)Number of floors served 2 Car panel finishing materialNew car door panels 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.Product name KONE ReNova Door OperatorNumber of floors served 2 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 LightNumber of floors served 2 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 3-D type will be provided.
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KONE InternalShaft equipmentProduct name Guide ShoesCapacity [LBS] 3000 Speed [FPM] 150 Car guide shoe type KONE RG100 (Roller)New car guide shoes New spring dampened roller guide shoes will be provided.Hydraulic equipmentProduct name Field Pipe & AccessoriesCapacity [LBS] 3000 Speed [FPM] 150 Dialectric Coupling A dialectric union will be supplied in the oil line including non-conductive material to prevent metal-to-metal contact so that no current can be conducted.Field Pipe Length (in) 240 Field Pipe Size 3"Isolation Coupling (Pair) Two (2) sound isolation couplings will be provided in the oil line between the power unit and the hydraulic cylinder(s). Each coupling will consist of flanges separated by a neoprene seal to absorb vibration.Mainline Shutoff Valves Two manual safety valves will be supplied in the oil line at the jack unit (pit) and in the machine room.Mainline Strainer A main line strainer will be provided in the oil line.New field pipe All existing oil line piping (including the victaulic couplings) leading from the hydraulic cylinder(s) to the Power Unit will be replaced. This work will include provision of the necessary victaulic couplings. Schedule 40 pipe will be utilized.Oil Return Pump An electric oil return system consisting of a pump with oil line and necessary fittings will be provided to automatically return oil from the cylinder head collector ring to the power unit oil reservoir tank.Seismic Rupture Valve A rupture valve will be provided which provides protection against supply line failure that causes overspeed in the down direction.Product name Power UnitCapacity [LBS] 3000 Speed [FPM] 150 Type of power unit Dry mountNew motor size (hp) 50 Motor Starts per Hour 80 StandardControl Valve OEM MaxtonField Pipe Length (in) 240 Field Pipe Size 3"Jack location IngroundJack type Single Stage 12(21)
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KONE InternalLoad class PassengerLoadweigh pressure switchA Load Weighing device will be provided which will continuously monitor the load in the elevator car. The load-weighing device provides information necessary for the Overload Feature to operate.Low Oil SwitchAn Up traveling car will automatically descend to the lower terminal landing if the hydraulic system does not have a sufficient reservoir of oil. Power operated car and hoistway doors will automatically open at the lowest terminal landing permitting passenger egress. The doors will then automatically close and all control buttons, except the Door Open Button in the car operating panel, will be made ineffectivePositive Pressure Switch YesQty Jacks per Car 1 Seismic Rupture Valve A rupture valve will be provided which provides protection against supply line failure that causes overspeed in the down direction. 9(18)
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KONE Internal4. Commercial OfferProject notesPlease see KONE bid attachment for Customer Required Work by Others.#5: Our bid is based upon the site walk on July 10, 2024 and December 2, 2024.#5: Structural Calculations have been included.#5: KONE to increase the beauty ring in the car operating panel to accommodate the new COP#5: We will retain the machine and governor to retain the speed of 200 fpm.#6: Our bid is based upon the site walk on December 9, 2024.#5&6: KONE has not included 24 Emergency Video Communication for this project.#6: Provided custom sized power unit to fit in existing machine room. We may need the Convention Center’s assistance with getting the tank in the room ( i.e. removal of bathroom stalls to swing tank in- work to be completed by Convention Center Team) (58”H x 42”W x 37” D)Handover dateMutually agreeable project schedule will be determined at time of proposal acceptance. Current delivery lead time is24 weeksfrom 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 period11 weeks per unit ( freight ) & 5 weeks ( hydraulic) + 2 weeks inspectionWarranty/maintenanceOur proposal does not include any warranty maintenance as we will continue under our existing Citywide maintenance agreement. 10(18)
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KONE InternalPricingEquipment Price ($)Elevator #5 Freight $ 415,000.00Elevator #6 Hydraulic $ 225,000.00Total Sales Price, net including TAX $ 640,000.00Additional Options for your ConsiderationAlternatesPrice excl. taxAlternate 1: Cab Interior Allowance Freight car ADD Alternate 2: Cab Interior Allowance Passenger Car ADD $35,000.00 _____ initial here$30,000.00 _____ initial hereAlternate 3: Refinish/ Touch up four (4) cab side panels, four (4) ADD Return and header$7,000.00 _____ initial hereProposal 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.
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KONE InternalAppendix 1: KONE 24/7 Connected ServicesKONE 24/7 Connected Services – improved safety, full transparency, and peace of mindIn 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 atkone.us/connected
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KONE InternalAppendix 2: Clarifications1. 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. 14(18)
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KONE InternalAppendix 3: Bid Attachment “A” / KONE Inc. General Terms and Conditions (Modernization)1. APPLICATION OF THESE TERMSThe 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 REQUIREMENTSThis 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 CONDITIONSThe 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 TERMSPayment 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. INSTALLATIONCustomer 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 arecomplete 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.
January 1,Re: KONE Inc. – Financial Ratings & NAIC Numbers To Whom It May Concern:FINANCIAL STRENGTH (AM Best, S&P, Moody’s): Pohjola Insurance Ltd & IF are domiciled in Finland and AIG Europe Ltd. is domiciled in Europe. These three carries do not have an A.M. Best Ratings. These companies do have ratings from S&P and Moody’s. More information about the credit ratings can be found using the following links: -Pohjola Insurance Ltd - Credit ratings | OP.- Financial information | If (if-insurance.com) .- AIG EU | Financial Ratings .Please accept this documentation as sufficient support to evaluate Pohjola’s, IF’s, & AIG Europe’s financial solvency. The final excess carrier on KONE's excess casualty program is Allianz Global Corporate & Specialty SE which is rated by AM Best. Details on this rating can be found here:-https://ratings.ambest.com/CompanyProfile.aspx?AltSrc=108&Bl=0&GSA=1&AMBNum=87997NAIC Numbers (National Association of Insurance Commissioners): All of the carriers on KONE’s excess casualty program & also included below do not have NAIC Numbers as these companies are not domiciled in the United States, and therefore not regulated by the US government. oPohjola Insurance Ltd.oIF InsuranceoAIG EuropeoAllianz Global Corporate & Specialty SERegards,LibbyAccount Executive
COMMERCIAL AUTOCA 04 44 10 13THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 04 44 10 13 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US (WAIVER OF SUBROGATION) Named Insured: Endorsement Effective Date: SCHEDULEName(s) Of Person(s) Or Organization(s):
Transfer Of Rights Of Recovery Against Others To Us
All Persons or Organizations as Required by Contract or Agreement.KONE Holdings, Inc.
COMMERCIAL GENERAL LIABILITYCG 20 10 04 13THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
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ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATIONSCHEDULEName Of Additional Insured Person(s)Or Organization(s) Location(s) Of Covered Operations
A. Section II Who Is An Insured 1.2.1.2.B.
1.2.C.Section III Limits Of Insurance:1.2.
All Persons or Organizations as required by Written Contract or Agreement.
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