Last Updated: March 1, 2016
REQUEST FOR COST PROPOSAL
FOR CONSTRUCTING
PARKING GARAGE 12 ELEVATOR
MODERNIZATION
CONTRACT NUMBER
C02188
ISSUED BY
CAPITAL PROJECTS ENGINEERING DIVISION
CITY OF SANTA ROSA, CALIFORNIA
2022
Exhibit A
STATE OF CALIFORNIA
REQUEST FOR COST PROPOSAL
CONTAINING:
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
FORMS
CONTRACT
FOR
PARKING GARAGE 12 ELEVATOR MODERNIZATION
Contract No. C02188
Exhibit A
PARKING GARAGE 12 ELEVATOR MODERNIZATION
TABLE OF CONTENTS
NOTICE TO CONTRACTORS
NOTICE TO CONTRACTOR ............................................................................................. 1
SPECIAL PROVISIONS
GENERAL SPECIFICATIONS
1 General ................................................................................................................ 3 2 Proposal .............................................................................................................. 4 3 Contract Award and Execution ............................................................................. 6 4 Scope of Work ................................................................................................... 10 5 Control of Work ................................................................................................. 11 6 Control of Materials ............................................................................................ 14 7 Legal Relations and Responsibility to the Public ................................................ 17 8 Prosecution and Progress .................................................................................. 21 9 Measurement and Payment ............................................................................... 22
TECHNICAL SPECIFICATIONS AND COST PROPOSAL ............................................... 25
Section 1 Proposal ..................................................................................... 27 Section 2 Validity of Proposal ..................................................................... 27 Section 3 Elevator Technical Specification ................................................. 29 Section 4 Project-Specific Clarifications ...................................................... 34 Section 5 Why Kone? ................................................................................. 34 Section 6 Ensuring Project Success ........................................................... 36 Section 7 Proposal Acceptance .................................................................. 40 Appendix 1 . .................................................................................................. 41 Appendix 2 . .................................................................................................. 44
FORMS
Contract Cost Proposal ................................................................................................. 47 Unit Price Schedule ....................................................................................................... 48 List of Subcontractors .................................................................................................... 50 List of Previous Similar Jobs .......................................................................................... 51 Noncollusion Declaration ............................................................................................... 52 Contractor’s Signature ................................................................................................... 53
CONTRACT
Contract ............................................................................................................... 54
Exhibit A
CITY OF SANTA ROSA
STATE OF CALIFORNIA
NOTICE TO CONTRACTOR
- IMPORTANT –
PROPOSAL PROCEDURES
All proposals shall be submitted and opened according to the following procedure:
Proposal Deadline
Sealed proposals were accepted at the Finance Department, 90 Santa Rosa Ave, Santa Rosa, California 95404, in response to a Request for Cost Proposal.
Project Description/Scope of Work
Modernize both elevators in City Parking Garage 12, located at 555 1 st Street, Santa Rosa, California.
Subcontractor Information; Department of Industrial Relations Registration The Contractor shall provide the names, business addresses and license numbers of all subcontractors listed on Contractor’s List of Subcontractors. No contractor or subcontractor may be listed on a proposal for this public works project unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5. No contractor or subcontractor may be awarded a contract for this public works project unless registered with the DIR pursuant to Labor Code section 1725.5. This public works project is subject to compliance monitoring and enforcement by the DIR.
For technical questions regarding this project, contact Chad Hedge at (707) 543-3464 or email [email protected].
1 C02188
Exhibit A
Cost Proposal shall be made in accordance with the prevailing hourly rate of per diem wages for this locality and project as determined by the Director of the DIR pursuant to Labor Code sections 1770 et seq.
Contractor shall be responsible for compliance with the Immigration Reform Control Act of 1986.
If the project requires the employment of workers in any apprenticeable craft or trade, once awarded, Contractor and subcontractors must apply to the Joint Apprenticeship Council unless already covered by local apprentice standards (see Labor Code section 1777.5).
No Contract will be awarded to a Contractor who is not licensed in accordance with the provisions of Chapter 9 of Division 3 of the Business and Professions Code. Contractor must hold a C11 license for this project.
No cost proposal will be accepted unless it is made on the proposal forms furnished by the Finance Department. The original of the completed cost proposal forms bearing original signatures must be submitted.
The Contractor is required to hold a current City of Santa Rosa business tax certificate issued pursuant to Chapter 6.04 of the Santa Rosa City Code before commencing work on this project.
For information regarding the business tax, contact Revenue and Collections at (707) 543-3170.
For any moneys earned by Contractor and withheld by the City of Santa Rosa to ensure the performance of the Contract, Contractor may, at its request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Section 22300 of the California Public Contract Code.
The City of Santa Rosa reserves the right to reject any proposal and the right to waive minor irregularities or informalities in any proposal.
_______________________________
Parking Manager Date
2 C02188
Exhibit A
SPECIAL PROVISIONS
General Specifications
CITY OF SANTA ROSA, CALIFORNIA
PARKING GARAGE 12 ELEVATOR MODERNIZATION
1 GENERAL
The work described herein shall be done in accordance with the “Contract Documents,” which are the:
1. Special Provisions
2. City of Santa Rosa Design and Construction Standards (City Standards)
3. City of Santa Rosa Construction Specifications for Public improvements (City Specifications)
4. State of California Department of Transportation Standard Specifications 2010 (Standard Specifications), and
5. State of California Department of Transportation Standard Plans 2010 (Standard Plans).
In the event of a conflict in any of these documents, the order of precedence shall be determined by Section 5-1.02 of these Special Provisions.
Whenever the Standard Specifications use the terms State of California, Department of Transportation, Director, Engineer, or Laboratory, the following terms shall be substituted therefor, and any reference to any of the foregoing terms shall be understood and interpreted to mean and refer to such substituted terms as follows:
For State of California - the City of Santa Rosa;
For Department - the City of Santa Rosa Department of Transportation and Public Works or the City of Santa Rosa Water Department;
For Director - the City Engineer of the City of Santa Rosa; For Engineer - the City Engineer of the City of Santa Rosa or the City Engineer’s authorized agents;
For Laboratory – Materials Engineering of the City of Santa Rosa Transportation and Public Works Department, or such other laboratory as may be authorized by the City.
Unless otherwise provided, whenever in these Special Provisions attention is directed to specific provisions in the Standard Specifications, such direction shall not be interpreted as excluding other applicable provisions of the Standard Specifications.
Unless otherwise provided, when sections and subsections of the Standard Specifications are used in these Special Provisions, such use is not exclusive and shall not be interpreted as excluding other applicable provisions of said sections and subsections but is only intended to add to or modify such sections or subsections.
Unless otherwise provided, full compensation for compliance with these Special Provisions is included in the contract price and no additional allowance will be made to Contractor therefor.
The Standard Specifications are hereby modified to delete any reference or incorporation of provisions providing for or requiring arbitration of any and all claims and disputes arising under this contract.
3 C02188
Exhibit A
2 PROPOSAL
2-1.06 Proposed Documents: The Contractor will be furnished with the Request for Cost Proposal which will state the general description of the contemplated public works projects. 2-1.31 Examination of Project Plans, Specifications, City Standards, Request for Cost Proposal: Prior to submitting a proposal, the Contractor shall carefully examine the Project Plans, Request for Cost Proposal, City Standards and the proposed work site. If any person contemplating submitting a proposal for this public works project is in doubt as to the meaning of any part of the Contract Documents, or finds discrepancies in or omissions from the Contract Documents, he or she may submit a written request for interpretation or correction to the Project Manager. The written request must be received by the Project Manager prior to a proposal. Any interpretation or correction of the Contract Documents prior to proposal submission will be made only by written addendum issued by the City. The City will not be bound by any other explanations or interpretations of the Contract Documents.
2-1.33 Proposal Document Completion: Any references to Opt Out of Payment Adjustments for Price Index Fluctuations in the Standard Specifications are deleted in their entirety. 2-1.33A Proposal Forms: Proposal shall be made on forms furnished herein. The Contractor shall submit its proposal on the original forms furnished by the City. Proposals submitted on forms other than the forms furnished to the Contractor by the City will not be considered.
The forms to be submitted with the Cost Proposal are:
1. Unit Price Schedule
2. List of Subcontractors
3. List of Previous Similar Jobs
4. Noncollusion Declaration
5. Contractor’s Information and Signature
Cost proposal shall give the proposed prices and must bear the original signature of the Contractor.
The Contractor shall fill in all blanks on the proposal forms where required. 2-1.33B Registration with DIR: No contractor or subcontractor may be listed on this Request for Cost Proposal unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5. No contractor or subcontractor may be awarded this contract unless registered with the DIR pursuant to Labor Code section 1725.5. This Contract is subject to compliance monitoring and enforcement by the DIR.
2-1.33C Subcontractors: The Subletting and Subcontracting Fair Practices Act, Public Contract Code sections 4100-4113, inclusive (the “Act”) shall apply to all subcontracts in excess of one-half of one percent of the total amount of this Contract. Contractor shall provide the following information only upon written request by the City:
1. The name, business address and DIR registration number of each subcontractor performing work or labor or rendering services to the Contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the work or improvement according to this Contract in an amount in excess of one-half of one percent of this Contract; and 4 C02188
Exhibit A
2. The portion of the work that will be done by each subcontractor. Only one subcontractor shall be listed for each portion.
The purchase of sand, gravel, crushed rock, batched concrete, aggregate, ready-mixed concrete, and/or any other materials produced and furnished by established and recognized commercial plants, together with the delivery of such materials to the work site by the source of the materials or by recognized commercial hauling companies, is not considered as subcontracting under this section.
2-1.33E Rejection of Cost Proposal Containing Alterations, Erasures or Irregularities :
Proposal may be rejected if it shows any alterations of forms, additions not called for, conditional proposals, incomplete proposals, erasures or irregularities of any kind. 2-1.34 Proposal Guaranty: A Proposal Guaranty is not required for this Contract. 2-1.40 Withdrawal of Proposal: A Proposal may be withdrawn prior to, but not after, the hour fixed in the public notice for the opening of proposals, provided that a written request to withdraw the proposal, executed by the Contractor or the Contractor’s authorized representative, is filed with the Project Manager before this deadline. The withdrawal of a proposal shall not prejudice the right of a Contractor to submit a new proposal.
2-1.43 Public Opening of Proposal: Cost proposal for this Contract will not be opened or read publicly.
2-1.48 Competency of Contractors: No Contractor will be awarded to a Contractor that is not licensed in accordance with the law, that does not hold a license qualifying it to perform work under this contract, to whom a proposal form has not been issued by the Project Manager, or that has not successfully completed projects of similar character, scope and cost to the proposed work.
Contractors will be required to provide a list of previous similar jobs with their cost proposal. 5 C02188
Exhibit A
3 CONTRACT AWARD AND EXECUTION
3-1.04 Contract Award: The City reserves the right to reject the Contractor’s cost proposal. Cost proposal is required for the entire work described herein. The proposal will be compared with the Engineer's estimate of the quantities of work to be completed. 3-1.05 Contract Bonds:
Within ten days after receipt of the Notice of Award, Contractor shall provide the following bonds to the City:
a. Performance Bond: A performance bond to guarantee the faithful performance of the terms and conditions of the Contract by Contractor, which shall be executed in a sum of not less than one-half of the Contract price;
b. Labor and Materials Bond: A labor and materials bond (payment bond) in accordance with Part 6 of Division 4, sections 8000 et seq. of the California Civil Code, to guarantee against any and all claims of subcontractors or other third parties furnishing labor, materials, or supplies for the Contract, which shall be executed in a sum of 100% of the Contract price; and
c. Material Guaranty Bond: A material guaranty bond (warranty bond) to serve as surety for the guarantee requirements outlined in Section 6-3.01B, which shall be executed in a sum of not less than one-half of the Contract price.
The bond(s) shall be provided in a form acceptable to the City and issued by a corporate surety in good financial standing and authorized and admitted to transact a surety business in the state of California for the purposes and in the amount(s) stated above.
Whenever the financial or legal status of any surety on any such bond(s) is/are unacceptable to the City, it may make a demand to Contractor for further bond(s) or additional surety, not exceeding the sums originally required. Thereafter, no payment shall be made upon the Contract to Contractor or any assignees of Contractor until such bond(s) or additional surety has/have been provided to the City.
3-1.07 Indemnification and Insurance: Indemnification: Contractor shall defend, hold harmless and indemnify City, its officers, agents and employees, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including but not limited to Liabilities arising from personal injury or death; damage to personal, real or intellectual property or the environment; contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with the performance of or the failure to perform the Contract by Contractor, any subcontractor or agent, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, whether or not such Liabilities are caused in part by a party indemnified hereunder, or such Liabilities are litigated, settled or reduced to judgment; provided, that the foregoing indemnity does not apply to liability for any damage or expense for death or bodily injury to persons or damage to property to the extent arising from (i) the sole negligence, or willful misconduct of, or defects in design furnished by City, its agents, servants, or independent contractors who are directly responsible to City (excluding Contractor), or (ii) the active negligence of City. 6 C02188
Exhibit A
The existence of any of the insurance policies or coverages described in this Contract shall not affect or limit any of City’s rights hereunder, nor shall the limits of such insurance limit Contractor’s liability to the City hereunder. The provisions of this section shall survive any expiration or termination of the Contract.
Insurance: Contractor shall maintain in full force and effect all of the insurance coverage described in and in accordance with the insurance requirements set forth below. Maintenance of such insurance coverage during the entire performance of the Contract is a material element of the Contract. Failure by Contractor to (i) maintain or renew coverage, (ii) provide notice of any changes, modifications, or reductions in coverage, or (iii) provide evidence of renewal, if necessary, may be deemed a material breach of the Contract by Contractor, whereas the City shall be entitled to all rights and remedies at law or in equity. Notwithstanding the foregoing, any failure by Contractor to maintain required insurance coverage shall not excuse or alleviate Contractor from any of its other duties or obligations under the Contract. In the event Contractor retains or utilizes any subcontractors or sub-consultants in performance of the work, Contractor shall assure that any such subcontractor has first obtained, and shall maintain, all of the insurance coverage requirements herein set forth below.
Insurance Requirements:
A. Insurance Policies: Contractor shall maintain and keep in full force and effect, the following policies of insurance with minimum coverage as indicated below and issued by insurers with an AM Best rating of no less than A-:VI or a rating otherwise acceptable to the City.
Insurance Minimum
Coverage
Limits
Additional Coverage Requirements
1. Commercial
general liability
$5 million per
occurrence
Coverage must be at least as broad as ISO CG
00 01 and must include products liability and
completed operations coverage which shall
continue for a period of three years after
acceptance of the work by the City. If insurance
applies separately to a project/location,
aggregate may be equal to per occurrence
amount. Coverage may be met by a combination
of primary and umbrella or excess insurance, but
umbrella and excess shall provide coverage at
least as broad as specified for underlying
coverage. Completed Operations Coverage can
be provided in the form of an endor sement to
Contractor’s insurance (at least as broad as ISO
Form CG 20 37 04 13. See endorsements below
for other Additional Insured Requirements.
Coverage shall not exclude subsidence.
$5 million
aggregate
2. Business auto
coverage
$3 million Coverage at least as broad as ISO Form
Number CA 00 01 covering any auto (Code 1).
Insurance shall cover owned, non-owned and
hired autos. 7 C02188
Exhibit A
B. Endorsements:
1. All policies shall provide or be endorsed to provide that coverage shall not be canceled by either party, except after prior written notice has been provided to the City in accordance with the policy provisions.
2. Liability policies shall provide or be endorsed to provide the following:
a. For any claims related to this Contract, Contractor’s insurance coverage shall be primary, and any insurance or self-insurance maintained by City shall be in excess of Contractor’s insurance and shall not contribute with it.
Endorsements at least as broad as 20 01 04 13 or evidence of policy language will be required in non-ISO CGL policies.
b. The City of Santa Rosa, its officers, agents and employees are to be covered as additional insureds on the CGL policy . Additional Insured Endorsements at least as broad as 20 10 04 13 or 20 38 04 13 are required.
C. Verification of Coverage and Certificates of Insurance: Contractor shall furnish City with original certificates and endorsements effecting coverage required above.
Certificates and endorsements shall make reference to policy numbers. All certificates and endorsements are to be received and approved by the City before work commences and must be in effect for the duration of the Contract. The City reserves the right to require complete copies of all required policies and endorsements during the duration of the Contract and for a period of three years following City’s acceptance of the work.
D. Other Insurance Provisions:
1. No policy required by this Contract shall prohibit Contractor from waiving any right of recovery prior to loss. Contractor hereby waives such right with regard to the indemnitees.
2. All insurance coverage amounts provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies.
Nothing contained in this Contract limits the application of such insurance coverage. Coverage for an additional insured shall NOT be limited to the insured’s vicarious liability. Defense costs must be paid in addition to coverage amounts.
3. Self-insured retentions above $10,000 must be approved by the City. At the City’s option, Contractor may be required to provide financial guarantees.
4. City reserves the right to modify these insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
3-1.18 Contract Execution: The fully executed Contract, original bonds and insurance certificates and endorsements required under the Contract shall be delivered to the City within ten calendar days of Contractor’s receipt of the Notice of Award.
3-1.20 Failure to Execute Contract: Contractor’s failure to deliver to the City the fully executed Contract within ten calendar days of Contractor’s receipt of the Notice of Award shall be cause for
3. Workers’
compensation
and Employer’s
Liability
$1 million As required by the State of California, with Statutory Limits and Employer’s Liability
Insurance with limit of no less than $1 million per
accident for bodily injury or disease. The
Workers’ Compensation policy shall be endorsed
with a waiver of subrogation in favor of the City
for all work performed by Contractor, its
employees, agents and subcontractors.
8 C02188
Exhibit A
the cancellation of the award. If the successful proposer refuses or fails to execute the Contract, the City may then, in its discretion, re-advertise the project or construct it by day labor. 3-1.22 Subcontractors: The Contractor shall furnish a list of all subcontractors as required under Sections 2-1.33C. The list shall include the name, business address, DIR registration number and the state contractor’s license number of each subcontractor on the list and the names of the responsible managing employees whose names appear on the subcontractors’ licenses. 9 C02188
Exhibit A
4 SCOPE OF WORK
4-1.05 Changes and Extra Work: All changes to the Contract shall be made by written change order only.
All extra work shall be recorded by Contractor on a daily report signed by both the City and Contractor. The “daily reports” shall thereafter be considered the true record of extra work performed. A copy of the daily reports will be furnished to Contractor. Contractor is directed to Section 9-1.04 of this Request for Cost Proposal.
4-1.05C Compensation for Altered Quantities: Payment and compensation for altered quantities shall conform to the provisions of Section 9-1.06 of the Standard Specifications, except as modified herein.
10 C02188
Exhibit A
5 CONTROL OF WORK
5-1.02 Contractor's Copies of Contract Documents: In the event of a conflict in any of the Contract Documents, the order of precedence from highest to lowest shall be as follows:
1. Special Provisions
2. City Standards
3. City Specifications
4. Standard Specifications
5. Standard Plans
5-1.05 Order of Work: The work as specified in the Request for Cost Proposal shall be constructed in a sequence that is satisfactory to and approved by the Project Manager.
Contractor shall prepare a work schedule per Section 8-1.02 of the Standard Specifications.
Full compensation for the conformance to the requirements of this section is included in the Contract price and no additional allowance will be made to Contractor for this work. 5-1.17 Character of Workers : Contractor is directed to Section 5-1.17 of the Standard Specifications which states:
"If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the request of the Engineer, and such person shall not again be employed on the work."
No additional compensation shall be granted to Contractor in the event City exercises any part of its rights under this section and any and all costs related to such exercise shall be borne by Contractor. 5-1.20 Cooperation with Other Entities: Attention is directed to Section 5-1.20 of the Standard Specifications.
Other construction including but not limited to utility, power, and pipe line relocation, may be in progress by other forces within and adjacent to the project area at the same time work is being performed under this Contract by Contractor.
Contractor shall cooperate with the forces performing other work, to the end that such forces may conduct their operations with as little inconvenience and delay as possible. Contractor shall grant such forces access to the project area as is reasonable and necessary to transport materials and equipment to the site of operations by the other forces. 5-1.20B(4)(a) Offsite Staging Areas and Construction Yards : Attention is directed to Santa Rosa City Code section 20-52.040, Temporary Use Permit.
A Temporary Use Permit shall be obtained for any offsite construction yard on private property to be used for any of the following:
a. Stockpiling of equipment and/or materials;
b. Staging of construction;
c. Placement of work trailers or mobile offices;
d. Storage of trench spoils; or
e. Other construction related activities not specifically enumerated above. 11 C02188
Exhibit A
5-1.26 Lines and Grades: Contractor shall carefully preserve all bench marks, grade stakes, and all other survey markers. In the case of willful or careless destruction, Contractor shall bear the cost of replacing the markers.
Contractor shall contact the Engineer directly for coordination of survey staking. Written staking requests must be submitted at least two working days in advance of the date and time stakes are needed.
5-1.27B Examination and Audit: Pursuant to California Government Code section 8546.7, any contract with the City involving expenditures in excess of $10,000 shall be subject to the examination and audit of the California State Auditor for a period of three years after final payment is made to Contractor by City under this Contract. Any such examination and audit will be confined to those matters connected with the performance of this Contract. 5-1.30A Inspection: Contractor shall bear all costs associated with the re-inspection of any defective, rejected or unauthorized work as determined by the Project Manager in Project Manager’s sole discretion. Such costs of re-inspection, including any costs incurred by the City for additional staff time or fees for third-party consultant inspectors, will be deducted from one or more progress payments hereunder.
5-1.36A Property and Facility Preservation : Attention is directed to Section 5-1.36 of the Standard Specifications.
At Contractor's sole expense, all fences, gates, landscaping, drainage ditches, sidewalks, irrigation systems, and any other improvements that are damaged, removed or destroyed because of Contractor's operations, shall be replaced in accordance with City Standards at a minimum and restored to the same or better condition. Concrete surface treatment and score marks shall match adjacent existing concrete improvements.
5-1.36E Obstructions: Attention is directed to Section 5-1.36 of the Standard Specifications and to the possible existence of underground gas mains, high voltage lines, telephone ducts, storm drains and water and sewers systems, the locations of which are not shown on the Project Plans. The determination of the location of these facilities and the cost of repair or replacement in the event of damage to such facilities are the sole responsibility of Contractor.
Should Contractor alter any public utility or private improvements to facilitate its operations or for its sole benefit, which alteration would not be otherwise required, Contractor shall make whatever arrangements are necessary with the owner or controlling authorities and shall bear all expenses in connection therewith. Any damages to any public utility or private improvement caused by Contractor shall be repaired by Contractor at its sole expense and to the full satisfaction of the Engineer or the controlling authority.
Any subsurface information and data furnished under any part of this Contract are not intended as a representation or warranty but are furnished for information only. It is expressly understood that the City will not be responsible for the accuracy thereof or for any deduction, interpretation or conclusion drawn therefrom by Contractor. The information is made available so that Contractor may have ready access to the same information available to the City and is not part of this Contract.
PRIOR TO STARTING ANY EXCAVATION, CONTRACTOR SHALL (AT LEAST TWO WORKING DAYS IN ADVANCE) CALL UNDERGROUND SERVICE ALERT (USA) toll free at (800) 227-2600 and provide USA with all necessary data relative to the proposed excavation. USA will accept calls and process information to participating agencies who have underground facilities in the area between the hours of 7:30 a.m. and 5:00 p.m. daily, except Saturdays, Sundays, and holidays.
Between the hours of 5:00 p.m. and 7:30 a.m., calls will be recorded and then processed after 12 C02188
Exhibit A
7:30 a.m. For emergency situations, after hours, and on Saturdays, Sundays and holidays, Contractor shall contact the owner of the affected facility.
Contractor shall coordinate all work with the appropriate City field personnel. When City work forces are required at the job site to perform Contract items of work, Contractor shall give a minimum of two working days advanced notification to the appropriate field office:
Water Division: (707) 543-4200
Sewer Division: (707) 543-4200
Street Division: (707) 543-3880
Survey Division: (707) 543-3834
5-1.43 Potential Claims and Dispute Resolution: “Claim” means a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under the Contract; (B) Payment by the City of money or damages arising from work done by, or on behalf of, Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; or (C) Payment of an amount that is disputed by the City.
Upon receipt of a Claim, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed, provided, the parties may extend the 45 day time period by mutual agreement.
If the City needs approval from the City Council to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the Claim, and the Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension expires to provide Contractor a written statement identifying the disputed portion and the undisputed portion.
Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, the Claim shall be deemed rejected in its entirety.
If a Contractor disputes the City's written response, or if the City fails to respond to a Claim within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall conduct a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 13 C02188
Exhibit A
6 CONTROL OF MATERIALS
6-2.01 Source of Supply and Quality of Materials: All materials required to complete the work under the Contract shall be furnished by Contractor and shall be free of hazardous substances. 6-3.01 General: Statistical means will not be used by the City for determination of Standard Specification compliance. Whenever both operating range test results and Contract compliance requirements are specified in these special provisions, the operating range requirements shall apply to the individual test results.
6-3.01A Material Submittals: Upon award of the Contract by City, Contractor shall submit to the Project Manager a list of all materials proposed to be used on this project and any supporting documentation and/or samples required and source of supply.
For material listed on the “Engineer’s List of Approved Items” which is located in the Sewer and Water sections only of the City Standards, the Project Manager shall be provided with the name of the manufacturer and model/part number for all material proposed under this Contract.
For all other materials used on this project, regardless of the type of work, Contractor shall provide to the Project Manager the name of the manufacturer and model/part number along with supporting documentation and/or samples that will allow the Project Manager to determine the material’s acceptability.
The Project Manager reserves the right to reject any proposed material, whether on the City’s “Engineer’s List of Approved Items” or not. If the City obtains information indicating that a listed item is not performing satisfactorily or is found to be defective, that item will be rejected and Contractor shall submit a replacement for review at no additional cost to the City. 6-3.01B Material Guarantee: Before any contract is awarded, the Contractor may be required to furnish samples of materials and detailed descriptions of equipment to be used in the construction of the project. The materials samples may be subjected to the tests provided for in the Standard Specifications or in this Request for Cost Proposal to determine their quality and fitness for the project. The Contractor shall unconditionally guarantee project materials and workmanship for a period of one year from the date of recording of the Notice of Completion. The guarantee shall cover 100% of all costs of repairs within the one year period, including all costs of labor, materials, equipment, and incidentals. Except as may be otherwise provided in Section 3-1.05, the Contractor shall provide a surety bond executed by a corporate surety authorized and admitted to transact a surety business in the state of California in the minimum amount of one-half of the Contract price to cover this guarantee.
6-3.05 Quality Assurance: California Test 216 (Relative Compaction) testing will be modified as follows: A mechanical compactor (Ploog Engineering Co. Model M 100 or equivalent) with 10- pound hammer and split compaction molds shall be used in lieu of the specified manual compaction equipment.
California Test 231 (Nuclear Gage Determination of In-Place Density) will be modified as follows:
In-place density and relative compaction may be determined on the basis of individual test sites in lieu of the area concept, at the discretion of the Project Manager. 6-4 Water Utility
6-4.01A Construction Water: All water required for the performance of the work shall be provided by Contractor. Prior to obtaining water from the City's water system, Contractor shall obtain a Water 14 C02188
Exhibit A
Use Permit from the City of Santa Rosa Water Department and rent a hydrant or bridge meter.
Contractor is responsible for the cost of all water and the cost of all deposits, permits and fees.
Contractor is prohibited from operating gate valves or fire hydrants on the City system.
The acquisition of water from the City’s water system through un-metered hydrants or other facilities is a violation of City ordinance and State law. The use of water from sources other than the City's water system must be approved by the Engineer in advance of the use.
Citations and fines will be levied for violation of these and other utility regulations and deductions will be made from payments consistent with Section 7-1.02A(1) of the Standard Specifications. 6-4.01B Water Utility Notification: Contractors or parties requiring work of any kind by the City of Santa Rosa Water Department forces shall request such services a minimum of 48 hours in advance of the time such services are desired. Work requests which will involve the City of Santa Rosa Water Department forces for more than eight hours or an extensive number of City parts shall be requested a minimum of seven calendar days in advance.
If it is necessary to terminate or disrupt utility service to any customer, Contractor shall make the request for such work by City forces an additional 72 hours (three additional working days for a total of five working days advance notice) in advance of the time such services are desired to allow affected customers a minimum of 72 hours’ notice. Contractors who fail to keep field appointments will be billed for scheduled City of Santa Rosa Water Department crew standby time which was used and the Contractor shall bear the costs incurred by the City of Santa Rosa’s Water Department for re-notification of customers.
City of Santa Rosa Water Department crews work a 9/80 schedule. This schedule may prohibit shutdowns for tie-ins on alternating Fridays. After hours work or weekend work may be performed if prior authorization from the Project Manager is obtained.
Other than the hours specified in this Request for Cost Proposal, requests by Contractor for after hours or weekend work is to be avoided whenever possible. Any overtime costs incurred by City for such work shall be borne by Contractor.
Interruption of utilities service to commercial customers shall be coordinated with the customer to minimize disruption to the enterprise to the greatest extent practicable. After notification by the Contractor of the need, the City of Santa Rosa Water Department will contact all commercial customers and inform Contractor accordingly.
6-4.01C Water Facility Damage: All damage caused to the City’s water system shall be immediately reported to the Project Manager.
Damage caused to the City’s water system by Contractor’s operations shall be repaired by the Contractor at Contractor’s sole expense in a manner satisfactory to the City of Santa Rosa Water Department. Such repairs shall not be charged to the City or any City project. All repair work shall be witnessed and approved by the City of Santa Rosa Water Department prior to backfilling the excavation. The City will require re-excavation if backfilling occurs prior to inspection, which costs shall be borne by Contractor.
Contractor is responsible for, at its sole cost and expense, the repair and remediation of damage to property and facilities caused by any of the following circumstances:
a. Contractor fails to make a written request for a markout or begins excavation without providing the City of Santa Rosa Water Department a reasonable opportunity to mark facilities;
15 C02188
Exhibit A
b. Contractor destroys markouts;
c. Contractor fails to perform hand digging or probing for utilities near markouts; or d. Contractor fails to use reasonable caution, regardless of whether markouts are present or clear. Reasonable caution includes any efforts to avoid damaging existing facilities, such as when excavating in the vicinity of water mains.
City may, in its discretion, opt to make the repairs for which Contractor is responsible with its own forces. In such cases, the repairs will be made at Contractor’s expense in accordance with the emergency repair rate schedule of the City of Santa Rosa Water Department. The City may make repairs whenever restoration of service requires extraordinary speed or special equipment.
Contractor will be billed accordingly and City shall have the right and option to withhold payment hereunder, or a portion thereof, for any such costs billed but not promptly paid by Contractor. 6-4.02 Salvage: All valves, hydrants, and other appurtenances of the water system that are the property of City and removed by Contractor shall be delivered to the City's Municipal Services Center (55 Stony Point Road) unless Contractor has obtained specific written approval from the City of Santa Rosa Water Department to otherwise dispose of the materials. 6-4.03 Trade Names and Alternatives : Unless otherwise specified, material and equipment specifications that identify a particular patent, trade name or manufacturer, may be satisfied through substitute materials and equipment accepted by the City. Contractor may offer substitute materials and equipment of equal or better quality to the City. Any such offer shall be made in writing to the Engineer at least four weeks in advance of the time Contractor wishes to order the materials or equipment. Contractor shall include sufficient data which, together with any other information the Engineer may require, will enable the Engineer to determine the acceptability of the materials and equipment. When the substitute materials or equipment necessitate changes to any part of the work, the information shall include drawings and details showing all such changes and Contractor shall perform these changes as a part of any acceptance of substitute materials or equipment. The use of substituted materials and equipment will be permitted only after written acceptance of the materials and equipment by the Project Manager. Such acceptance shall not relieve the Contractor from full responsibility for the sufficiency, quality and performance of the substitute materials and equipment.
The City will not, under any circumstances, acknowledge or consider any offers to accept substitute materials or equipment between the dates of public notice of advertisement and the proposal opening.
16 C02188
Exhibit A
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7-1.02A(1) Forfeitures for Health and Safety Violations : Contractor shall comply with all applicable provisions of the Santa Rosa City Code and any failure to do so shall constitute a breach of the Contract. In the event of any violation of the Santa Rosa City Code that may impact public health and safety, including, but not limited to Chapter 17-12, “Storm Water” and Chapter 13-04, “Street Encroachments,” City shall have the right to impose a charge against Contractor in an amount equal to $500.00 per violation per day. Prior to the imposition of any charge hereunder, City shall first provide a written notice to Contractor of the violation and setting forth a reasonable period of time for Contractor to cure the violation(s). In the event Contractor fails to cure any such violation within the time provided, City shall have the right, in addition to all other rights and remedies available to City, to deduct and withhold as a permanent forfeiture by Contractor the appropriate amounts from any payment otherwise due Contractor under this Contract. 7-1.02K(2) Wages: Pursuant to Labor Code sections 1770 et seq., each laborer or mechanic of Contractor or any subcontractor engaged in work on the project under this contract shall be paid not less than the hourly wage rate of per diem wages set forth in the prevailing wage rate schedule published by the Director of Industrial Relations, regardless of any contractual relationship which may be alleged to exist between Contractor or any subcontractor and such laborers and mechanics.
A copy of the schedule of prevailing wage rates can be obtained online at www.dir.ca.gov or from the Department of Transportation and Public Works at 69 Stony Circle, Santa Rosa.
Any laborer or mechanic employed to perform work on the public works project under this Contract, which work is not covered by any of the foregoing classifications, shall be paid not less than the prevailing wage rate of per diem wages specified herein for the classification which most nearly corresponds to the work to be performed by the worker.
The foregoing specified prevailing wage rates are minimum rates only, and Contractor may pay any wage rate in excess of the applicable rate.
Pursuant to Labor Code Section 1775, Contractor as a penalty to the owner shall forfeit not more than $200.00 for each calendar day, or a portion thereof, for each worker paid less than the prevailing wage rate established by the Department of Industrial Relations for such work or craft in which such worker is employed. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which the worker was paid less than the prevailing wage rate shall be paid to each worker by Contractor.
Contractor shall only provide prevailing wage reports upon written request from City. When requested, these prevailing wage reports must be redacted by the Contractor prior to providing them to City.
7-1.02K(4) Apprentices: Contractor agrees to comply with Chapter 1, Part 7, Division 2, sections 1777.5 et seq. of the California Labor Code. These sections require contractors and subcontractors to employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice work for each five hours of journeyman work (unless an exception is granted in accordance with Section 1777.5), and the contractors and subcontractors shall not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry, or color. Only apprentices as defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice agreements will be employed on public works in apprenticeable occupations. The responsibility for compliance with these provisions is fixed with the prime contractor for all apprenticeable occupations. 17 C02188
Exhibit A
7-1.02K(6)(a)(1) Notice to Vendors: Attention is directed to the current OSHA Standards. All equipment, tools and materials which are furnished and/or installed as part of this Contract shall meet or exceed the aforementioned standards in order to be considered acceptable. 7-1.02K(6)(b) Excavation Safety : When the digging or excavation occurs during project construction, Contractor shall:
a. Promptly notify City in writing of the following conditions before any such conditions are disturbed:
1. Material that the Contractor believes may be hazardous waste as defined in Health and Safety Code section 25117 that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law;
2. Subsurface or latent physical conditions at the site differing from those indicated in the Request for Cost Proposal; and
3. Physical conditions at the site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in the type of work under the Contract.
b. The City will investigate the conditions and will issue a change order under the terms of the Contract if it finds that the conditions warrant it.
c. If a dispute arises between City and Contractor as to whether a change order is warranted, Contractor shall not be excused from any scheduled completion date provided for in the Contract but shall proceed with all work to be performed under the Contract. 7-1.02K(6)(b)(1) Trench Excavation Safety Plans: When the estimated cost for the excavation of any trench or trenches five feet or more in depth will exceed $25,000.00, Contractor shall submit to the Project Manager in advance of excavation a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the construction safety orders, or if the trench is anticipated to be greater than 20 feet, the plan shall be prepared by a registered civil or structural engineer.
A permit to do the above described work shall be obtained from the State of California, Division of Industrial Safety. Proof of such permit shall be submitted to the Engineer prior to starting the trench work.
Full compensation for complying with the provisions of this section shall be considered as included in the Contract price and no additional allowance will be made for the work. 7-1.02K(6)(d) Confined Space Safety: Any confined space entry for this project, including but not limited to manhole or water storage tank entry, will require a confined space entry permit pursuant to Cal/OSHA regulations as set forth in title 8 California Code of Regulations (CCR) sections 5157 or 5158. Confined space entry shall have the meaning ascribed in title 8 CCR sections 5157 and 5158. For any confined space entry for construction operations regulated by title 8 CCR section 1502, Contractor shall comply with title 8 CCR section 5158, “Other Confined Space Operations.” For any other confined space operations, Contractor shall comply with title 8 CCR section 5157, “Permit-Required Confined Spaces.”
Attention is directed to the technical specifications in the Special Provisions for information regarding entry to any City maintained confined space. Pursuant to title 8 CCR section 5157, Contractor is required to obtain any available information regarding hazards and operations for any City maintained confined spaces. The City maintained Confined Space Entry Manual is available 18 C02188
Exhibit A
for viewing at the City of Santa Rosa Water Department or Transportation and Public Works Department office at 69 Stony Circle, Santa Rosa.
Contractor shall immediately inform the Engineer of any previously unidentified hazards confronted or created during confined space entry.
7-1.02L(2)(a) Patents and Royalties: All fees, royalties, or claims for any patented invention, article, process or method that may be used upon or in any manner connected with the work under this Contract shall be paid by Contractor. Contractor and its sureties shall protect and hold harmless City and its officers, agents, and employees from any and all demands made for such fees royalties or claims brought or made by any third party, and before the final payment is made on the account of the Contract, Contractor shall, if requested by City, furnish acceptable proof of a proper release from all such claims and liabilities.
Should Contractor, its officers, agents, or employees, or any one of them be enjoined from furnishing or using any invention, article, material, or plans supplied or required to be supplied or used under the Contract, Contractor shall promptly substitute other articles, materials, or appliances in lieu thereof of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Project Manager. In the event that the Project Manager elects, in lieu of such substitution, to have supplied and to retain and use any such invention, article, materials, or plans as may be required to be supplied by the Contract, Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for City, its officers, agents, and employees, or any one of them to use such invention, article, materials, or appliance without being disturbed or in any way interfered with by any proceeding in law of equity on account thereof. Should Contractor neglect or refuse to make the substitution promptly or to pay such royalties and secure such licenses as may be necessary, then in that event the Project Manager shall have the right to make such substitutions or City may pay such royalties and secure such licenses and charge Contractor even though final payment under the Contract may have been made. 7-1.02M(3) Mined Materials: California Public Contract Code section 20676 prohibits surface mining operators which are subject to the Surface Mining and Reclamation Act of 1975 (SMARA) from selling California mined construction material to the City unless the operator is identified in a list referred as the 3098 List. The List, which is maintained by the Department of Conservation's Office of Mine Reclamation (OMR), changes throughout the year and can be viewed at the OMR website: http://www.consrv.ca.gov/OMR/ab_3098_list/index.htm. To confirm whether or not a specific operator is on the List at any given time, Contractor shall call the OMR at (916)323-9198. 7-1.03A Maintaining Traffic: Attention is directed to Sections 7-1.04 of the Standard Specifications and to the following modifications thereof.
If construction is within City owned right-of-way, provisions shall be made for the safe passage of public traffic through the work site at all times consistent with the requirements of Santa Rosa City Code Chapter 13-04.
Except for projects to be performed under a minor contract, Contractor shall install and maintain project identification signs at each end of the project or as directed by the Project Manager two weeks prior to any construction activity. City shall furnish the appropriate sign panels upon request from Contractor. To mount the sign panels, Contractor shall furnish and install 4" X 4" posts or mount by other appropriate methods as approved by the Project Manager. These sign panels shall be returned to the City Corporation Yard at 55 Stony Point Road after completion of the project.
Two weeks prior to any construction activity, advance notice signs for road closures shall be furnished and installed by Contractor at each end of the project and shall remain in place throughout the duration of the subject closure. Details of panel construction and lettering shall be approved by the Project Manager.
19 C02188
Exhibit A
Contractor shall furnish, install, and maintain at its expense all barricades, signs, lights, and other devices necessary to adequately warn of any obstructions to the traveled and pedestrian way and provide flaggers as necessary for the safety of public traffic and pedestrians and to provide access to property adjacent to the work site and Contractor shall comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) (ADA) and any regulations and guidelines issued pursuant to the ADA.
Contractor shall comply with the current edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD) for all items related to traffic within the work site.
Rain and other occurrences that may cause the suspension or delay of the work shall in no way relieve Contractor of its responsibility to provide traffic control and public access through the work site as specified herein. At all times, Contractor shall keep at the work site such materials, forces and equipment as may be necessary to keep roads, streets, and driveways within the work site open to traffic and in good repair and shall expedite the passage of such traffic, using such forces and equipment as may be necessary.
Should Contractor fail, in the opinion of the Project Manager, to provide all the materials, forces and equipment necessary to maintain traffic through the work site as set forth herein, City may take steps necessary to remedy any such failure, including but not limited to causing such work to be performed and/or suspending any further work under the Contract. Any such remedial cost and expense incurred by the City, plus an administrative charge of 15%, shall be immediately due and payable by Contractor and may be deducted from any amounts owed to Contractor hereunder. In the event there are insufficient sums owed to Contractor hereunder to cover the foregoing costs and charges, City shall have the right to pursue any other remedy to recover the same, including but not limited to, proceeding against any surety or bond in favor of City. City’s rights under Section 7-1.02 are intended to be in addition to and not in lieu of any charges imposed by City against Contractor under Section 7-1.02A(1) above for violations of the Santa Rosa City Code.
Contractor shall be responsible for informing emergency response agencies operating within the area of the work of obstructions to either public or private roads caused by reason of Contractor’s operations hereunder.
Contractor shall make provisions for the safe passage of pedestrians around the project work site at all times.
20 C02188
Exhibit A
8 PROSECUTION AND PROGRESS
8-1.01A Assignments: Once awarded, this Contract shall not be transferred, assigned, or sub- contracted, except as herein expressly provided without the prior written consent of the City in the City’s sole and absolute discretion. See Section 5-1.12 of the Standard Specifications. 8-1.04B Standard Start: Contractor shall begin work within ten calendar days after the date authorized in the Notice to Proceed and shall diligently prosecute the Contract to completion before the expiration of:
70 WORKING DAYS
8-1.05 Time: Working days will be counted beginning with the day the Contractor begins work or with the tenth day after the date authorized in the Notice to Proceed, whichever occurs first.
Unless otherwise directed by Project Manager, Contractor shall not conduct any activities that generate noise earlier than 7:00 a.m. or later than 5:00 p.m. 8-1.10 Liquidated Damages: Contractor hereby agrees that Contractor shall pay to the City liquidated damages for each and every calendar day delay over and above the number of working days prescribed above for finishing the work in the amount shown in Section 8-1.10 of the Standard Specifications.
21 C02188
Exhibit A
9 MEASUREMENT AND PAYMENT
9-1.04 Force Account Work: All work done on a force account basis shall be recorded daily on report sheets prepared by Contractor and signed by both the Project Manager and Contractor. Such reports shall thereafter be considered the true record of force account work performed during the project. Such reports shall be furnished to the Project Manager and a copy retained by Contractor.
All extensions of labor, equipment, and material costs shall be completed by Contractor and submitted to the Project Manager within 30 days of the completion of the extra work. Completed and extended extra work reports received later than the times herein prescribed may be deemed invalid and rejected without payment at the discretion of the Project Manager. 9-1.07 Payment Adjustments For Price Index Fluctuations : Any references to Opt Out of Payment Adjustments for Price Index Fluctuations in the Standard Specifications are deleted in their entirety.
9-1.16 Progress Payments: Once each month for progress pay purposes, the City will prepare a written estimate of the total amount of completed work and accepted materials purchased by Contractor but not installed. The City shall retain five percent of such estimated value of the completed work and the unused materials and pay Contractor the balance after deducting all previous payments and all sums to be retained under the provisions of the Contract. No such estimate or payment shall be required to be made when, in the judgment of the Project Manager, the work is not proceeding in accordance with the provisions of the Contract or when, in the Project Manager’s judgment, the total value of the completed work since the last estimate is less than $500.00. No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials.
After Contract acceptance, the Project Manager will prepare a written proposed final estimate of the proposed final quantities of work completed under the Contract and the value of such work and will submit such estimate to Contractor. The City shall retain five percent of such estimated value of the work done and shall pay to Contractor the balance after deducting all amounts to be retained under the provisions of the Contract.
The City may, at its option and at any time, retain out of any amounts due Contractor sums sufficient to cover any unpaid claims of City or others, provided that sworn statements of all non-City claims shall have been filed with the Director of Finance.
9-1.16E(6) Substitution of Securities for Withheld Amounts: Pursuant to Public Contract Code section 22300, securities may be substituted for any moneys withheld by City to ensure performance under this Contract, provided that substitution of securities provisions shall not be required in contracts in which there will be financing provided by the Farmer's Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 USC sections 1921 et seq.), and where federal regulations or policies or both do not allow the substitution of securities. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank as the escrow agent, which shall then pay such moneys to Contractor. The Director of Finance is authorized to execute substitution of securities agreements on behalf of the City. The City will return the securities to Contractor upon satisfactory completion of the Contract as determined by City in its sole discretion and the resolution of all outstanding claims against the securities. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.
Securities eligible for investment under this section shall include those listed in Government Code section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by Contractor and the 22 C02188
Exhibit A
City, provided that the substituted security is equal to or not less than five percent of the Contract amount.
Security substitutions must be submitted by Contractor and approved by City prior to the time of the first progress payment to be made under the Contract. No other method of substituting securities for retention will be accepted. The security substitution shall be done only upon execution of an agreement satisfactory to City which includes the following provisions:
a. The amount of securities to be deposited;
b. The terms and conditions of conversion to cash in case of the default of Contractor; and c. The procedure for return of securities upon completion of the Contract. 9-1.17D Final Payment and Claims: The processing of payment of the final estimate shall not be commenced less than 35 days after the date of recording of the Notice of Completion with the County Recorder's Office. Contractor is advised that it takes approximately ten days for a check to be issued following a request for payment.
Contractor shall submit its written statement of all claims for additional compensation under the Contract to the Project Manager within 15 days after submission to Contractor of the proposed final estimate.
If Contractor does not file a claim within the 15 day period, or upon Contractor's approval, the Project Manager will issue a final written estimate and the City shall pay to Contractor the entire sum due after deducting all previous payments, if any, and all amounts to be retained under the provisions of the Contract.
If Contractor files a claim within the 15 day period, the Project Manager will furnish a semi-final estimate and pay the amount due under the semi-final estimate within 30 days. The semi-final estimate is conclusive as to the amount payable except as may be affected by claims and any amount retained. The Project Manager shall then consider and investigate such claim and shall make such revision in the final quantities as the Engineer may find to be due and shall then make and issue a final written estimate. The City will pay the amount due, after deducting all previous payments, if any, and amounts to be retained under the provisions of the Contract.
Any and all prior partial estimates and payments shall be subject to correction in the final estimate and payment.
The final estimate shall be conclusive and binding against both parties to the Contract on all questions relating to the performance of the Contract and the amount of work done thereunder and compensation therefor, except in the case of gross error. 9-1.17D(3) Final Determination of Claims: Claims filed by Contractor shall be in sufficient detail to enable the Project Manager to determine the basis and amount of the Claims. Contractor shall also furnish reasonable documentation to the City to support Claims. If additional information is required by the Project Manager, Contractor shall provide such information to the Project Manager no later than the 15th day after receipt of the written request from the Project Manager. If the 15th day falls on a weekend, holiday, or day City offices are closed, then the information shall be provided to the Project Manager no later than close of the next business day. Failure to submit the requested information to the Project Manager within the time specified will be sufficient cause for denying the Claim.
Contractor shall keep full and complete records of the costs and additional time incurred for any work for which a claim for additional compensation is made. The Project Manager or any designated Claim investigator or auditor shall have access to those records and any other records as may be reasonably required by the Project Manager to determine the facts or contentions in each Claim.
Failure to grant access to such records shall be sufficient cause for denying the Claims. 23 C02188
Exhibit A
9-1.22 Arbitration: Any references to Arbitration in the Standard Specifications are deleted in their entirety.
Claims submitted by Contractor shall be accompanied by a notarized certificate containing the following language:
Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code sections 12650 et seq., the undersigned, ,
(Name)
of
(Title)
(Contractor)
hereby certifies that the claim for additional compensation made herein is supported by a true statement of the actual costs incurred and time expended on this project and is fully documented by records maintained by Contractor.
Dated
/s/
Subscribed and sworn before me this day of
Notary Public
My Commission Expires
Failure to submit the notarized certificate will be sufficient cause for denying the claim.
Any claim for overhead expenses, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the City at its discretion.
Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act. 24 C02188
Exhibit A
TECHNICAL SPECIFICATIONS
FOR
PARKING GARAGE 12 ELEVATOR MODERNIZATION
CONTRACT NUMBER
C02188
2022
25 C02188
Exhibit A
Proposal for
555 1st St. Parking Garage
CITY OF SANTA ROSA
Attention: Luke Morse
KONE People Flow Solution Proposal
0 / /2022
26 C02188
Exhibit A
2(21)www.kone.us Alternative to 555 1st St. Parking Garage KONE Inc.
San Francisco Office
567 7th Street
San Francisco, CA, 94103
Mobile +1 14155194324
[email protected]
www.kone.us
1. Proposal
Dear Luke Morse,
We are pleased to enclose, for your review and consideration, KONE's proposal to fully replace your equipment located at the following address: 555 First Street, Santa Rosa, California.
This proposal is based on 2022-2023 installation.
Anticipated downtime: 11-12 weeks per unit for full replacement + 1-2 weeks for inspection.
The existing equipment, as outlined below, will be replaced in accordance with the explanation provided herein. Where additional items are made a part of this Proposal, a complete description is provided. Where existing equipment and/or systems are not mentioned, the intent of this Proposal is to reuse said item(s) "as is". The KONE solution includes design, manufacturing, supply and installation of the following:
Elevator
Equipment name Solution Capacity/Speed Landings/Entrances Price MonoSpace 500 FRB
(19.2)-1
1 x KONE
MonoSpace500
2500 lbs / 150 fpm Landings: 7
Entrances: 7 front /
0 rear
$ 464,408.00
MonoSpace 500 FRB
(19.2) - 2
1 x KONE
MonoSpace500
2500 lbs / 150 fpm Landings: 7
Entrances: 7 front /
0 rear
$ 464,408.00
Building 1 Total $ 928,816.00
Total Sales Price, net including TAX $ 928,816.00
2. Validity of proposal
If provided, our proposal is based on the architectural drawings and specification (Division 14) and meets the general intent of the project. In case of any differences or contradictions between the contents of the documents contained in KONE's Tender Document, the Project Drawings or the Project Specifications, the KONE Tender Document shall prevail. Pricing is based on the contents specified in this Proposal and the appendices and Bid Attachments, which are incorporated into this Proposal (the “Proposal”). Contract terms shall be in accordance with Bid Attachment “A” / KONE Inc. General Terms and Conditions and Bid Attachment “B” / Site Safety Requirements / Work by Others, which are incorporated by reference. The pricing included in this Proposal is submitted with the understanding that all documents referenced and incorporated will be signed without modification. In the event of conflicts or inconsistencies between this Proposal and any other contract document, this Proposal shall supersede and prevail.
27 C02188
Exhibit A
3(21)www.kone.us Alternative to 555 1st St. Parking Garage Please know that we are available to assist you in coordinating the work by others as further described in our “Bid Attachment B“. Should you have any questions or require additional information, please feel free to contact me directly. *This proposal in reference to the existing US
Communities/OMNIA agreement in place:
We look forward to hearing from you and working together on this project.
Yours sincerely,
Robelle Del Rosario, Sales Executive
28 C02188
Exhibit A
4(21)www.kone.us Alternative to 555 1st St. Parking Garage
3. Your Solution
Elevator Technical Specification
MonoSpace 500 FRB (19.2)-1 MonoSpace 500 FRB (19.2) - 2 Base solution
KONE Solution KONE MonoSpace500 KONE MonoSpace500
Machinery location Guiderail-mounted in overhead of hoistway Guiderail-mounted in overhead of hoistway Capacity (lb) 2500 2500
Speed (fpm) 150 150
Travel height (ft) 55 ft 5.5 in 55 ft 5.5 in
Stops 7 7
Front entrances 7 7
Rear entrances 0 0
Control system Full collective
Duplex
Full collective
Duplex
Regulations ASME A17.1-2004 ASME A17.1-2004
Shaft construction
Shaft size (W x D) (ft) 8 ft 5 in x 5 ft 10 in 8 ft 5 in x 5 ft 10 in Pit depth (ft) 4 ft 0 in 4 ft 0 in
Clear Height under
Beam (ft)
12 ft 3.5 in 12 ft 3.5 in
Mechanical components & machinery
Power supply,
machinery (V / Hz)
208 / 60 208 / 60
Car and doors
Car size (WxDxH) (in) 6 ft 3.984 in wide x 4 ft 3.969 in deep x 7 ft 6 in high
6 ft 3.984 in wide x 4 ft 3.969 in deep x 7 ft 6 in
high
Door opening
dimensions (WxH) (ft)
3 ft 6 in x 7 ft 0 in 3 ft 6 in x 7 ft 0 in
Controller location 1st floor
Hoistway to controller (horz) [ft]: 50
1st floor
Hoistway to controller (horz) [ft]: 50
29 C02188
Exhibit A
5(21)www.kone.us Alternative to 555 1st St. Parking Garage Materials and design
Please note that all images are for illustration purposes only. Some differences to actual product delivered may exist.
Elevator MonoSpace 500 FRB (19.2)-1 and 2
Interior
Car walls Scottish Quad - Textured Stainless Steel
Front wall #4 Brushed Stainless Steel, pan type door
Type and material Round, LED spotlights (CL88)
#4 Brushed Stainless Steel
Floor
Flooring by others Maximum floor thickness: 1 in
Maximum floor weight: 5 lb/ft2
Accessories
Handrail Handrail on rear wall
Round, straight ends (HR61)
#4 Brushed Stainless Steel
Skirting #4 Brushed Stainless Steel
Protection pads KONE standard pads and hooks included
Entrances
Door Type Single-speed, right-hand, side-opening
Entrance equipment The existing hoistway entrances shall be retained and reused in place. New hoistway door panels will be provided
Car door
Door material #4 Brushed Stainless Steel
Sill material Aluminum
30 C02188
Exhibit A
6(21)www.kone.us Alternative to 555 1st St. Parking Garage User interfaces
Car operating panel
No. of Car Operating
Panels (COP)
1 Panel type and design Dot matrix
Flush
#4 Brushed Stainless Steel
Door jamb mounted
indicator
Car Lantern (jamb-mounted) included
Signalization
Signalization Series KSS570 series signalization
Landing
Floor
Marking
Landing Sill
Material Finish Entrance Frame type
Hall Lantern / Position
Indicator
7 Front 7 Retained Retained Lantern / Position Indicator 6 Front 6 Retained Retained Lantern / Position Indicator 5 Front 5 Retained Retained Lantern / Position Indicator 4 Front 4 Retained Retained Lantern / Position Indicator 3 Front 3 Retained Retained Lantern / Position Indicator 2 Front 2 Retained Retained Lantern / Position Indicator 1 Front *1 Retained Retained Hall Lantern
Additional Options
Hall/Lobby panel included No, additional coaxial cables are included Security
Locking of car calls
switch type
Card Reader Provisions
31 C02188
Exhibit A
7(21)www.kone.us Alternative to 555 1st St. Parking Garage Hazard Avoidance
Emergency battery drive Emergency battery drive included Eco-Efficiency
Operation of car
ventilation
KONE Standard Fan
Regenerative drive Yes
Interior
Car walls Scottish Quad - Textured Stainless Steel
Front wall #4 Brushed Stainless Steel, pan type door
Type and material Round, LED spotlights (CL88)
#4 Brushed Stainless Steel
Floor
Flooring by others Maximum floor thickness: 1 in
Maximum floor weight: 5 lb/ft2
Accessories
Handrail Handrail on rear wall
Round, straight ends (HR61)
#4 Brushed Stainless Steel
Skirting #4 Brushed Stainless Steel
Protection pads KONE standard pads and hooks included
Entrances
Door Type Single-speed, left-hand, side-opening
Entrance equipment The existing hoistway entrances and hoistway door panels shall be retained and reused in place.
Car door
Door material #4 Brushed Stainless Steel
Sill material Aluminum
32 C02188
Exhibit A
8(21)www.kone.us Alternative to 555 1st St. Parking Garage User interfaces
Car operating panel
No. of Car Operating
Panels (COP)
1 Panel type and design Dot matrix
Flush
#4 Brushed Stainless Steel
Door jamb mounted
indicator
Car Lantern (jamb-mounted) included
Signalization
Signalization Series KSS570 series signalization
Landing
Floor
Marking
Landing Sill
Material Finish Entrance Frame type
Hall Lantern / Position
Indicator
7 Front 7 Retained Retained Lantern / Position Indicator 6 Front 6 Retained Retained Lantern / Position Indicator 5 Front 5 Retained Retained Lantern / Position Indicator 4 Front 4 Retained Retained Lantern / Position Indicator 3 Front 3 Retained Retained Lantern / Position Indicator 2 Front 2 Retained Retained Lantern / Position Indicator 1 Front *1 Retained Retained Hall Lantern
Additional Options
Hall/Lobby panel included No
Security
Locking of car calls
switch type
Card Reader Provisions
33 C02188
Exhibit A
9(21)www.kone.us Alternative to 555 1st St. Parking Garage Hazard Avoidance
Emergency battery drive Emergency battery drive included Eco-Efficiency
Operation of car
ventilation
KONE Standard Fan
Regenerative drive Yes
4. Project-Specific Clarifications
Card reader & camera to be provided & installed by others Included Two-way communication (intercom) for Elevators 1-2 Roppe 992 low profile raised circular design rubber tile: black flooring included Work by Others included: See attached quotations
Alternates:
Reclad entrances & refinish hoistway sills (14 total) – ADD $97,282.00
5. Why KONE?
KONE in brief
KONE is a global leader in the elevator
and escalator industry. Our versatile
product portfolio features a wide range of
innovative products including elevators,
escalators, and autowalks.
You are supported by our broad district
and branch network across North
America.
34 C02188
Exhibit A
10(21)www.kone.us Alternative to 555 1st St. Parking Garage KONE MonoSpace®
Replacement of in-ground hydraulic elevator system(s) or geared traction elevators systems(s) with a flexible machine room-less traction elevator solution offers many benefits:
Excellent eco-efficiency – oil-free hoisting technology, lighting and standby solutions for energy efficient operation.
Superb ride comfort – smooth and quiet operation in compliance with our strict ride-comfort standards.
Versatile design - a broad set of attractive materials and accessories to create the perfect interior for your elevator adds to your building's value.
KONE 24/7 Connected Services – improved safety, full transparency, and peace of mind KONE elevators can be equipped with KONE 24/7 Connected Services. This solution allows our teams to predict issues and take action before a shutdown occurs. For our customer and building tenants, it means improved reporting and communication on maintenance work with full transparency and ease of mind.
Read more at
kone.us/connected
35 C02188
Exhibit A
11(21)www.kone.us Alternative to 555 1st St. Parking Garage
6. Ensuring Project Success
Project Schedule Overview
This Proposal is conditioned upon KONE's standard installation methodology and all work performed during normal business hours, excluding IUEC (International Union of Elevator Constructors) holidays. The following schedule is proposed:
Preparation of Submittals 2 weeks From receipt of contract and first payment.
Contract Review 6 weeks From receipt of full contract package. All referenced documents required.
Approval of Submittals TBD Mutually agreeable time to incorporate changes to the layout and approve the submittals. Approval of Submittals means notification in writing, by the Customer or Customer's Agent, that all submittals are approved, and manufacturing may commence. All finishes and features are to be confirmed at the time of submittal approval.
Manufacturing and Delivery 14 weeks From receipt of submittal approval and an executed contract. KONE’s policy is to release equipment to Manufacturing after the contract is fully executed by both parties. Note: KONE's factory has two-week shutdown over the months of July and December. Any manufacturing duration that falls during these months shall add two weeks to the manufacturing time. Delivery times may be extended due to delays caused by measures undertaken to stop the spreading of the Coronavirus (2019-nCoV) epidemic, availability of personnel, logistics providers, and supply chains.
Notice to commence on site
and site check
2 weeks Prior to starting the installation, KONE requires a two-week notice to inspect the site to ensure it fulfils the requirements set by KONE for commencing installation. Site Check will be performed in the two weeks before installation begins.
Installation 11-12 weeks Only after the site has passed the Site Check inspection, the installation can start. Duration is per unit. If multiple units need to be installed at the same time, a Foreman will be required at additional cost - based on availability.
Testing and Commissioning 1-2 weeks Clean 3-phase power, active phone line to the controller, and all life safety provided by others is required prior to testing / commissioning. 36 C02188
Exhibit A
12(21)www.kone.us Alternative to 555 1st St. Parking Garage Site Preparation
KONE requires the following conditions fulfilled two weeks prior to commencement on site. Please see Bid Attachment “B” / Site Safety Requirements / Work by Others for more detailed site requirements. These conditions will be verified during the site readiness visit.
Adequate access for delivery of elevator material + clean/dry 20’ x 20’ storage space per elevator.
The hoistway, pit, and machine room must be clean, dry, and constructed per the approved KONE final layout drawings. Any required support for guide rail brackets, divider beams and divider screens from pit floor to the top of the hoistway will be provided by others. Note: bracket support points may be required between floors. The hoistway must be plumb according to tolerances listed on KONE Final approved layout drawings.
Removable, OSHA approved barricades must be provided around all hoistway openings. Provide and install full entrance protection, made of nylon mesh or reinforced plastic at all hoistway openings per OSHA 1346 1926.502(j).
Design and install entrance protection in such a way as to allow quick accessibility in and out of the hoistway.
Permanent or temporary three-phase and single-phase power of permanent characteristics with disconnect switches.
A hoist beam and safety beam (furnished by KONE) must be cut to size and installed in the elevator overhead per the approved KONE final layout drawings (hoistbeam capable of supporting the load requirement noted in our shop drawings).
Applicable work areas must have adequate lighting.
Finished floor marks must be visible from the hoistway openings at all landings.
Warranty / maintenance
Our proposal does not include any warranty maintenance.
Tariffs
Please note: This proposal is inclusive of an equitable adjustment in price in accordance with the known impact of recent U.S. tariffs in effect at the time of this proposal. After the date of this proposal,whether in the US or Canada, if further tariff legislation impacts the work included in this proposal, and KONE’s price or time to perform the work, KONE shall be entitled to an equitable adjustment in contract price and a time extension to complete its work commensurate with the impact.
Payment terms
Proposal price is valid with the following payment terms (Payment due date is 30 days net, from the date of KONE's invoices):
30% Engineering & Site Management
50% Material
20% Installation
KONE reserves the right to delay and/or suspend the work, including manufacturing, delivery, installation and/or final turnover of the equipment for non-payment. Prior to equipment turnover, KONE must be paid in full including all change orders, less retention. Additionally, prior to turnover KONE requires a signed Final Acceptance and receipt of a Final Punchlist from all parties. Should you have a requirement other than that shown above; we will be pleased to discuss it with you. 37 C02188
Exhibit A
13(21)www.kone.us Alternative to 555 1st St. Parking Garage Sourcing
This Proposal is made without regard to compliance with any special purchasing and/or manufacturing requirements including, but not limited to, Buy America, Buy American, U.S. Steel, FAR clauses, minority/disadvantaged supplier requirements or similar state procurement laws. Should such requirements be applicable to this project, KONE reserves the right to modify and/or withdraw our Proposal.
Confidentiality
Any pictures or images included in this Proposal are for information purposes only.This proposal and all attachments are intended for the exclusive use of the addressee-recipient. This proposal and attachments are proprietary, confidential, and protected by copyright laws of the United States of America and international treaties. Reproducing, copying, disclosing, adapting, publishing, or distributing this proposal or the attachments, in whole or part, is prohibited. Copyright © 2020 KONE Inc.
All rights reserved.
Completion
The price is based on KONE completing its work by December 31, 2023, and a material manufacturing start, no later than six months from the date of this Proposal. The standard wage rate is assumed. If KONE's on-site work is not completed in the above calendar year (due to delays by others), you will be responsible for the labor rate increase that occurs on January 1st of each following year.
Storage/delivery/remobilization
This Proposal is based on the site being handed over to KONE in accordance with KONE Site Safety Requirements, per Bid Attachment “B,” on the agreed dates. Any changes to such dates are considered a change to the schedule and KONE shall be entitled to an extension of time and to recover all costs related to such changes and an extension of time. If the Site Requirements are not complete, KONE will not deliver the unit equipment to the job site. If KONE is unable to unload at the jobsite on the scheduled date and commence installation immediately, additional costs for off-site storage ($1,600 / month per unit) and labor for double handling of the materials ($4,000) shall be paid to KONE via a Change Order. Should KONE be required to demobilize, through no fault of its own, due to any suspension or work stoppage, and after material is delivered to the jobsite a charge of $4,000 per crew shall be paid to KONE via a Change Order for each remobilization. Customer shall also store and protect the materials and equipment onsite or at a storage facility reasonably acceptable to KONE at Customer’s sole risk and cost. If KONE is not able to commence installation on the agreed upon material delivery date or if KONE’s work cannot be performed in an uninterrupted manner, labor may be reallocated to other projects and may not be available to reallocate to this project for several weeks. KONE is not responsible for any delay to the project resulting from labor reallocation because of Site Requirements not being complete by the material delivery date.
Operator time
No operator time is included in this proposal. If the General Contractor or another subcontractor requires access to the shaft or the use of the elevator platform for any reason prior to Final Acceptance, KONE will provide an operator per the standard hourly rate of $250/hour for straight time or $500/hour for overtime. Availability of an operator will be determined at the time of the request. KONE’s installation schedule shall be extended by the time needed by other trades for access to the shaft.
Hoistway cleaning
KONE is unable to estimate the cleanliness of an elevator hoistway on a construction site, as the amount of debris/dust is dependent on work completed by other trades within the building. As such, KONE has not included any costs for clean down of the elevator shaft but can provide a price if conditions warrant.
Other trade work
No additional time or costs (outside of the equipment installation and inspection time) have been included in this proposal for coordination with the life safety system, security system, or any other trades. KONE shall be entitled to an extension of time and / or additional costs incurred by additional time expended for coordination with other trades.
Phone
This proposal includes one standard, hands-free ADA compliant speakerphone per cab. It will automatically dial to a determined 38 C02188
Exhibit A
14(21)www.kone.us Alternative to 555 1st St. Parking Garage location. A KONE Care – Emergency Phone Monitoring or Wireless Phone service agreement must be completed, (either accepting or denying KONE’s monitoring service) two weeks prior to final inspection.
Inspections
This Proposal includes one final inspection by the elevator code authority, per elevator, during normal working hours. Prior to scheduling the elevator final inspection with the Authority Having Jurisdiction (AHJ), building life safety including fire alarm and dedicated phone lines for each elevator must be fully operational. If the final inspection fails due to KONE’s sole responsibility, KONE shall pay for the cost of re-inspection(s). Should re-inspection be required due to deficiencies by others, you will be responsible for the cost of re-inspection(s). All other testing will be provided for additional cost at normal KONE billing rates.
During the final testing, a representative of the fire-life-safety contractors will be required (at no cost to KONE) while testing the elevators. No overtime has been included in this Proposal.
Changes to the work
KONE shall not be required to proceed with any Customer requested change to its Work (“Extra Work”) until such Extra Work is evidenced in a mutually acceptable Change Order and signed by both parties. This includes, but is not limited to, any changes or revisions, accelerations, resequencing, suspension of KONE’s schedule of Work or other delays outside of KONE’s control.
However, should KONE agree to proceed with Extra Work pursuant to a Construction Change Directive or Field Order without a fully executed Change Order, such agreement by KONE is conditioned on the Extra Work being converted promptly to a fully executed Change Order. KONE shall not be obligated to continue performance of Extra Work if the estimated value of unexecuted Change Orders exceeds 10% of the Agreement Price, or if there is a reasonable safety concern, a product limitation, or it is unreasonable to proceed. No action by KONE, including but not limited to KONE performing Extra Work without an executed Change Order, shall be construed to be a waiver of Subcontractor’s right to seek payment for the Extra Work performed, or to obtain a Change Order at a later date. Customer shall remain directly liable to KONE for payment for changed or Extra Work ordered by the Customer for delays caused by Customer or others subordinated to Customer. 39 C02188
Exhibit A
15(21)www.kone.us Alternative to 555 1st St. Parking Garage
7. Proposal Acceptance
We have read in full and accept the content of this Proposal and all attachments.
Project Name: 555 1st St. Parking Garage
Proposal No: T-0003585266
Site Address: 555 First Street, Santa Rosa, California, 95401 Total Sales Price: $928,816.00
Customer
CITY OF SANTA ROSA
Date
______________________________
Signature
______________________________
Printed name
40 C02188
Exhibit A
16(21)www.kone.us Alternative to 555 1st St. Parking Garage Appendix 1: Bid Attachment “A” / KONE Inc. General Terms and Conditions (Modernization)
1. APPLICATION OF THESE TERMS
The parties agree to be bound by the terms and conditions contained in the Bid Letter, this Bid Attachment A and Bid Attachment B, including the documents incorporated herein by reference (collectively, the “Proposal”).
2. SPECIAL PURCHASING REQUIREMENTS
This Proposal is made without regard to compliance with any special sourcing and/or manufacturing requirements including, but not limited to, Buy America, Buy American, U.S. Steel, FAR clauses, minority / disadvantaged supplier requirements or similar federal and/or state procurement laws. Should such requirements be applicable to this Project, KONE reserves the right to modify and/or withdraw its Proposal.
3. PROPOSAL CONDITIONS
The Proposal shall be open for acceptance within the period stated in the Bid Letter or, when no period is stated, for a period of 30 days from the date of the Bid Letter. Prior to commencing manufacture of the equipment described in the Bid Letter (“Equipment”), KONE must have (i) a fully executed contract; (ii) a schedule acceptable to KONE identifying the Equipment installation start date, or alternatively, KONE’s letter specifying the ship date (“Ship Date Letter”) signed by Customer, which, as applicable, is incorporated by reference herein; (iii) the first payment in Section 4 herein; and (iv) fully approved KONE layouts.
4. PAYMENT TERMS
Payment of the total Price is due within 30 days from invoice date, as follows:
30% of the Price for engineering, site management, and
overhead, billable and due upon execution of this Proposal or receipt of the subcontract;
50% of the Price for material and shipping, billable and due upon delivery of material to the jobsite or KONE Distribution Center;
20% of the Price for Equipment installation, billable and due at the billing cycle following the start of installation.
KONE imposes a surcharge for payments made via credit card that is not greater than our cost of acceptance. The surcharge that we impose for this type of transaction is a percentage of the amount paid via credit card, which will be notified to the Customer at the payment portal. KONE reserves the right to delay, suspend, or stop the work, including manufacturing, delivery, installation and/or Equipment turnover, for non-payment, without liability to KONE or being held in default. Simple interest at 1.5% per month shall be charged on amounts not paid when due. Payments to KONE are not contingent on any third-party payments to Customer. Customer shall reimburse KONE for all costs of collection, including courts costs and reasonable attorneys’ fees.
Prior to turnover, KONE must be paid in full, less 10% maximum retention, the Price including all change orders. Retention shall be due and payable within 30 days of execution of the Uniform Final Acceptance or Equipment turnover, whichever occurs first. If certified payroll reporting is required, KONE will submit the requested reporting in the format of the U.S. Department of Labor form WH 347 & WH 348.
The Price does not include Textura or any other special billing requirements, which can be added via change order at a rate of 0.3% of the Price.
5. INSTALLATION
Customer shall be responsible for procurement and cost of all permits, except permits related to installation of the Equipment. Where KONE’s scope of work or other responsibilities include the obligation to utilize materials and/or finishes resembling or identical to those pre-existing in the building, KONE shall use reasonable efforts to procure such materials and Customer acknowledges and accepts that the materials and/or finishes reasonably available may not be in all respects identical to those pre- existing in the building. This Proposal is conditioned upon KONE using its standard installation method. The installation of the Equipment shall start after Customer has completed all work set forth in Bid Attachment B and any other documents describing site requirements (“Site Requirements”), all of which are incorporated by reference herein. Within two (2) weeks prior to the scheduled delivery date for KONE’s materials, KONE shall conduct a standard visual site survey to verify that the Site Requirements are complete and notify Customer if there are outstanding deficiencies preventing KONE from beginning installation.
KONE’s site survey may include, but is not limited to, inspection of site access, working and safety conditions on site, wear and tear of any existing structures or surfaces, and planning of any dismantling or removal of existing equipment, components and materials, where applicable. KONE shall not be deemed to have surveyed any hidden structures, latent defects, subsurface conditions, or other non-visible matters, including but not limited to searching for hazardous substances and/or materials, which shall be subject to Section 16. If KONE’s site survey reveals any deficiencies, KONE shall be entitled to delay the start of installation and Customer shall be responsible for all additional costs incurred by KONE, including without limitation, costs associated with: labor reallocation, re- directing materials to and storage in a KONE Distribution Center, additional labor for double handling of materials, and additional trucking, freight and insurance.
Once the Site Requirements are completed, the start of installation shall be subject to the availability of labor and the delivery of material, if applicable.
KONE’s work shall be performed during regular union working hours of regular working days, Monday to Friday, statutory holidays excluded. If overtime is mutually agreed upon and performed, the additional costs for such work shall be added to the Price at KONE’s standard overtime rates. If the installation cannot be performed in an uninterrupted manner for any reason beyond KONE's control, Customer shall store the Equipment at Customer's cost and compensate KONE for any costs caused by such delay including, but not limited to, double handling of Equipment and demobilization. KONE shall not be required to perform overtime or any Customer directed change to its work (“Extra Work”) without an executed change order. No action by KONE, including but not limited to, performing Extra Work without an executed change order, shall be a waiver of KONE’s right to seek payment for Extra Work performed.
KONE shall be entitled to an extension of time and an equitable adjustment in the Price, including but not limited to, any increased costs of labor, including overtime, resulting from any change of schedule, re-direction of KONE personnel to another work area, acceleration, or out of sequence work.
KONE shall take reasonable methods to protect its work-in-place while KONE is actively on site and until execution of a KONE Uniform Final Acceptance, which is incorporated by reference herein. Should damage occur to KONE property, material or work-in- place by fire, water, theft or vandalism, Customer shall compensate KONE for said damages.
41 C02188
Exhibit A
17(21)www.kone.us Alternative to 555 1st St. Parking Garage Additionally, the Customer is solely responsible for ensuring that the equipment maintenance contractor, if not KONE, does not disturb, delay or interfere with KONE’s work. KONE shall abide by Customer’s safety policies and procedures to the extent such policies and procedures are not in conflict with KONE’s Safety Policy. Testing and/or security features of Equipment must be completed before Equipment turnover. KONE is not responsible for damages, either to Equipment or the building, or for any personal injury or death, arising out of or resulting from any code required safety tests performed on Equipment or hoistway access granted by Customer to other trades.
6. TEMPORARY USE
Temporary use of certain types of Equipment may be permitted, provided the use period allows adequate time for Equipment restoration for final turnover and Customer executes KONE’s Temporary Use Agreement. Temporary use shall be invoiced separately and subject to payment terms in Section 4 herein. At the end of temporary use, Customer shall return the Equipment to KONE in "like new" condition.
7. HAZARDOUS MATERIALS
KONE’s work shall not include any abatement or disturbance of asbestos containing material (“ACM”), presumed asbestos containing materials (“PACM”), or other hazardous materials (i.e. lead, PCBs) (collectively “HazMat”). KONE shall have the right to discontinue its work in any location where suspected HazMat is encountered or disturbed. Any HazMat removal or abatement, or delays caused by such, required in order for KONE to perform its work shall be Customer’s sole responsibility and expense. Should any HazMat abatement occur within the shaft or machine room, Customer shall execute KONE’s Hoistway or Pit Access Request. If any HazMat is known to be present on site before the start of work, HazMat removal or abatement shall be completed prior to KONE scheduling installation and delivering material.
8. TITLE AND RISK TO EQUIPMENT
Title to and ownership of all Equipment intended for incorporation in KONE’s work, whether installed or stored on or off site, shall remain with KONE until final payment is made and, in the case of suspension or termination for non-payment, the parties agree that KONE may retake possession and remove any or all of KONE’s works, Equipment or apparatus without material damage to the property and irrespective of the manner in which the same is attached or affixed. Risk of loss in KONE’s work and Equipment passes to Customer upon delivery to the site or off-site storage.
Any tools, devices, or other equipment that KONE uses to perform its work or monitor the Equipment remains the sole property of KONE. If this Proposal terminates or expires for any reason, Customer will give KONE access to the premises to remove such tools, devices or equipment at KONE’s expense.
9. TURNOVER
Prior to turnover, KONE must receive a final punch list. Upon turnover, KONE requires a signed Uniform Final Acceptance. KONE shall provide its standard electronic O&M manuals with CD-ROMs in electronic format, if applicable, upon execution of the Uniform Final Acceptance. Standard KONE samples shall be provided upon request.
No mock-ups or video training are included in the Price.
10. DELAY
KONE shall not be liable for any loss, damage, claim, or delay due to any cause beyond KONE's control, including, but not limited to, acts of domestic or foreign government (including a change in law), strikes, lockouts, work interruption or other labor disturbance, delays caused by others, fire, explosion, theft, floods, inclement weather, riot, civil commotion, war, malicious mischief, infectious diseases, epidemic, pandemic, quarantine , border or port of entry and exit restrictions or acts of God. In the event of such delays, KONE shall be entitled to an extension in time equal to the length of such delay affecting KONE and an equitable adjustment in the Price. Customer shall compensate KONE for labor and material cost escalations resulting from Project delays not caused by KONE, which extend completion of KONE’s work beyond the end of the current calendar year. Customer is on notice that IUEC labor rates increase annually.
11. LIMITED WARRANTY
For one (1) year after the acceptance date set forth in the signed Uniform Final Acceptance, date of Equipment turnover, or date of Customer’s use of Equipment (unless such use is pursuant to the Temporary Use Agreement), whichever occurs first, KONE warrants Equipment against defect in workmanship and material. The warranty excludes remedy for damage or defect caused by abuse, misuse, vandalism, neglect; repairs, alteration or modifications not executed by KONE; improper or insufficient maintenance, improper operation, characteristics of the building such as electrical power or security features, natural or other catastrophe such as flood, fire, or storm, or normal wear and tear and normal usage. The warranty excludes training or instruction in the proper operation or maintenance of Equipment. Specific noise ratings and energy efficiencies cannot be guaranteed due to different building characteristics and ambient noise levels. Customer’s remedy is limited to repair or replacement of a defective part, in KONE’s sole discretion, and excludes labor.
12. INDEMNIFICATION
KONE shall only indemnify and hold Customer harmless for claims, damages, losses or expenses, but excluding loss of use (“Claims”) due to bodily injury, including death, or tangible property damage (other than the Project or KONE’s work itself) to the extent caused by KONE’s negligent acts or omissions. KONE shall not indemnify Customer for any other Claims. Customer agrees to indemnify and hold KONE harmless from any Claim for bodily injury, including death, or tangible property damage in connection with the use or operation of the Equipment. Each party shall defend itself in the event of a Claim.
13. INTELLECTUAL PROPERTY
KONE shall retain title and ownership of all intellectual property rights relating (directly or indirectly) to the Equipment provided by KONE, including but not limited to software or firmware (whether in the form of source code, object code or other), drawings, technical documentation, or other technical information delivered under the Proposal. KONE grants Customer a non-exclusive and non-transferable license and right to use the software and firmware in connection with the use and maintenance of the Equipment. Customer shall not use any drawings, technical documentation or other technical information supplied by or on behalf of KONE for any purposes other than those directly related to the Proposal or to the use and maintenance of the Equipment.
Customer shall not in any form copy, modify or reverse engineer the software, or give access to the software for such use to any third party without KONE’s prior written consent. KONE shall not provide any information such as KONE’s internal manuals, manufacturing drawings, source codes, or other proprietary and confidential information, all of which are excluded from the Proposal. 42 C02188
Exhibit A
18(21)www.kone.us Alternative to 555 1st St. Parking Garage
14. INSURANCE
In lieu of any Customer insurance requirements, KONE shall provide its standard certificate of insurance, which shall be deemed to satisfy all insurance requirements for this Project.
KONE shall not provide loss
runs, insurance rate information, copies of its insurance policies or any other information which KONE considers confidential. KONE shall not provide coverage for professional (E&O) liability, pollution liability, data privacy/security, or no-fault medical payments. If the Project is covered by a Wrap Up Insurance Program, KONE agrees to participate provided there is no cost to KONE, no reduction in the Price, and subject to KONE’s review of the proposed program. The insurance requirements contained in the wrap up insurance program’s manual shall govern as the only insurance requirements for this Project. In the event that the wrap up insurance program is terminated before completion of KONE’s Work, KONE will provide its standard insurance certificates which shall satisfy the insurance requirements for this Project. This shall apply to the project specific Wrap Up Insurance Program’s Manual and any applicable enrollment documents. If KONE’s primary limits are sufficient to satisfy insurance coverage requirements, excess/umbrella liability will not be required or if excess/umbrella is required, KONE’s excess coverage does not follow form although typically provides broader coverage than KONE’s primary policies. The excess coverage is not AM Best Rated nor licensed to do business within the jurisdiction although the carrier has strong Standard & Poor’s and Moody’s financial ratings that may be evidenced upon request.
15. LIMITATION OF LIABILITY
In no event shall either party be liable to the other party for any consequential, special, punitive, exemplary, liquidated, incidental, or indirect damages (including, but not limited to, loss of profits or revenue, loss of goodwill, loss of use, increase in financing costs) (collectively, "Consequential Damages") that arise out of or relate to this Proposal even if such party has been advised of the possibility of such Consequential Damages. The limitation set forth in this section shall apply whether the claim is based on contract, tort or other theory.
16. CONCEALED OR UNKNOWN CONDITIONS
If during the course of its work, KONE encounters conditions at the site that are subsurface, differ materially from what is represented in the contract documents, or otherwise concealed physical conditions, KONE shall be entitled to an extension of time and additional costs for the performance of its work, which shall not be subject to any payment conditions or contingencies.
17. TECHNICAL SURVEY
KONE’s Price and obligations under this Proposal are subject to a technical survey to be performed on Customer’s existing units within 90-days of the effective contract start date. If a safety hazard or code violation is identified during KONE’s technical survey, Customer shall immediately remove the unit from service until repairs are performed.
KONE is not obligated to perform tests, correct outstanding violations or deficiencies that were not addressed by the prior service provider and/or the owner, or make related necessary repairs or component replacements on the unit. If additional work is necessary, KONE shall provide a separate proposal or recommendation for such work.
Customer agrees to indemnify, defend, and hold KONE harmless for any claims arising out of Customer's failure to comply with KONE's recommendations and proposal, and any obligation on the part of KONE to indemnify or defend Customer with regard to such claim shall be null and void. If Customer does not immediately approve KONE’s proposal or recommendation, KONE reserves the right to terminate this Proposal/contract without penalty.
18. TERMINATION
If a party materially breaches this Proposal, the other party shall provide written notice of the breach and a reasonable time to cure the breach, but in no event less than 30 days. If the breaching party fails to cure the breach within the specified time period, the non-breaching party may terminate the Proposal upon 15 days written notice to the other party. If KONE notifies Customer of a material breach pursuant to this paragraph, KONE may temporarily suspend its work without liability.
19. GOVERNING LAW AND DISPUTE RESOLUTION
The parties agree that this Proposal shall be governed by the laws of the state where the Project is located, and venue for disputes shall be located in that state. KONE does not agree to participate in arbitration proceedings.
20. PRICE ADJUSTMENT
KONE shall be entitled to an equitable adjustment in the Price, including but not limited to, any increased costs of materials, resulting from any change in law (by legislation, executive order, treaty or other similar means), or a change in law that imposes tariffs on raw materials or finished goods.
21. MISCELLANEOUS
This Proposal, including the documents incorporated herein by reference, constitutes the entire agreement of the parties and supersedes all prior negotiations, understandings, and representations whether written or oral in relation to the subject matter hereof. Where a conflict or ambiguity exists between this Proposal and any other contract document (including but not limited to, Customer’s drawings and specifications), the terms and conditions of this Proposal shall control. This Proposal may be amended only in writing by the duly authorized representative of both parties. This Proposal may be executed in one or more counterparts. Each counterpart shall be considered an original and all of the counterparts shall constitute a single agreement binding all the parties as if all had signed a single document. For purposes of executing this Proposal, a document signed by electronic means is to be treated as an original document.
The failure of either party to insist upon performance or strict performance of any of the terms or conditions of this Proposal shall not be deemed a waiver of any rights or remedies that such party may have or a waiver of any subsequent breach or default under this Proposal. Neither party may assign or transfer the benefit or burden of this Proposal without prior written consent of the other party. 43 C02188
Exhibit A
19(21)www.kone.us Alternative to 555 1st St. Parking Garage Appendix 2: Bid Attachment “B” / Site Requirements & Work by Other Trades The work described below is a summary of work to be performed by others (“Work by Other Trades”) that may be required in conjunction with the elevator modernization performed by KONE (the “Work”). Purchaser shall provide any and all building electrical, structural and mechanical system upgrades required for code compliance, life safety, and proper equipment installation and operation. The Authorities Having Jurisdiction (AHJ) may require additional remedial or preparatory work. All required remedial or preparatory work shall be performed by properly licensed trade contractors in compliance with applicable codes and based on a schedule of performance that allows for
uninterrupted progress of the Work. Under no circumstances shall KONE be responsible for any cost associated with the
performance of remedial work by others. Purchaser shall provide the following unless specifically included in KONE’s Work:
1. GENERAL
Access to the building to perform the Work and for deliveries with dry, protected storage adjacent to the hoistway.
Cutting of existing walls, floors and finishes, together with all repairs made necessary by such cutting or changes, e.g. cutting of lobby walls for flush hall fixtures and removal of encroaching lobby features such as wall-mounted ashtrays. Removal, replacement, and/or repair of any mirrors, millwork, plaster, stone or other special hall finishes.
All work of other trades must be complete and ready at time of first elevator inspection, or elevator will not be released for operation by the AHJ. If the AHJ does allow temporary operation under a Temporary Operating Inspection (TOI), any associated costs shall be Purchaser’s responsibility. Our tender is based on suitable site conditions, material and tooling storage space, and bathroom access being available on site.
Any portion of the Work that is subject to the permissions of local authorities beyond the elevator permits must be identified to KONE. Responsibility for permits to be agreed. Permits and appropriate signage indicating any changes to pedestrian access routes for building users must be in place prior to start of the Work.
Provide and install finished elevator cab flooring. Owner must provide certification that flooring meets flame spread and smoke density requirements. (ASMEbA17.1/CSA B44 sec 2.14.2.1).
Our proposal includes tear out of existing elevator equipment unless stated otherwise in our proposal. Remove of entrances, if required, is by others unless stated otherwise in our proposal.
KONE is unable to estimate the amount of on-site mechanic labor required to coordinate the work of other trades unless stated otherwise in the proposal. Thus, KONE has not included any additional time and/or costs (outside of the equipment installation and inspection time) for coordination with the life safety system, security system, or any other trades. KONE shall be entitled to an extension of the contract time and/or additional costs incurred by additional time expended for coordination with other trades.
2. SAFETY
Emergency evacuation procedures to be clearly defined where required. Subject to site survey and actions agreed.
Provide free-standing, removable, OSHA-compliant barricades capable of withstanding 200lb (890N) of force in all directions around all hoistway openings per OSHA 29 CFR 1926.502, and/or any applicable local code.
Provide and install full-covering entry protection, made of nylon mesh or reinforced plastic, at all hoistway openings to prevent materials or tooling from falling into the elevator shaft during installation per Federal OSHA requirements listed in 29 CFR 1926.502(j). In Canada, where required by Provincial regulation, enclose the front of the hoistway with removable hoarding or screening to prevent material from entering the hoistway. Design and install entrance protection in such a way as to allow quick accessibility in and out of the hoistway.
Provide two (2) lifeline attachments at the top, front of the hoistway. Each must be capable of withstanding a 5000 lbs/2250 kg load per OSHA 29 CFR 1926.502, or any applicable local code.
For machine-room-less applications, provide attachments as described above, or install KONE-provided 4” x 4” x 3/8” (100mm x 100mm x 9.6mm) tube steel lifeline beam in the elevator hoistway overhead 10”/254mm from front of hoistway to center line, with bottom of lifeline beam at same elevation as bottom of hoisting I- beam. Lifeline tube steel supplied by KONE by request at no additional cost on US installations only.
Safe working environment must be provided and supported by provision for adequate entrance protection, means of hoisting, hoistway dividing screens, and protection of floors walls and doors etc.
3. CONTROL SPACE/MACHINE ROOM
Provide a code-compliant, fire-rated, control space/machine room with access as indicated on the KONE final layout drawings. To include a temporary or permanent door that can be locked from outside. Permanent fire-rated door must be self-closing, self- locking, and require a key to open from outside.
Provide or maintain fire rating as required by building code.
Independent ventilation or an air conditioning system for the elevator machine room, to assure temperature is maintained between 65F/18C degrees and 95F/35C degrees. Maximum
allowed humidity is 95% non-condensing.
Fire extinguisher inside machine room.
Minimum clear machine room height of 7’-0”/2130mm.
Must have adequate temporary or permanent lighting for
installation purposes. Suitable lighting that provides a minimum of 19 ftc at floor.
Removal of any non-elevator related equipment and materials for KONE 24/7 Emergency Communications, when specified. Must 44 C02188
Exhibit A
20(21)www.kone.us Alternative to 555 1st St. Parking Garage from within the machine room and proper disposal of oil and other hazardous or non-hazardous substances and materials.
If control space is adjacent to the hoistway, provide all applicable sleeves, or penetrations, located per control space plan view on the KONE final layout drawings.
Provide a clean and dry elevator machine room.
If applicable, provide a governor access door of size and location shown on the KONE final layout drawings. The access door shall be secured against unauthorized access. It shall be self-closing, self-locking and operable from the inside without a key.
4. ELECTRICAL
A properly rated three phase fused disconnect switch, externally operable and lockable in the open position, located as required by code. Accommodate any increases in motor size or feeder loads.
A dedicated 110 VAC fused disconnect switch, externally operable and lockable in the open position adjacent to the machine room door for cab lighting and ventilation, located as required by code.
Shunt-trip disconnect if fire sprinklers are present in machine room or hoistway.
GFI 120 VAC convenience outlets in machine room and pit.
Separate outlet in the pit area if a sump pump is installed.
Telephone line service brought to the elevator machine room for emergency communication device.
Any required RF shielding of TV or radio transmitters, antennae and/or wave-guides.
Conduit with pull boxes from each elevator bank to any remote fire control or communication panels specified.
If required by building code, standby/emergency power, sufficiently sized to provide power of permanent characteristics to each elevator’s disconnect, simultaneously, upon loss of regular power, including feeders, transfer switches and auxiliary contact signal outputs to elevator controllers.
Where applicable, provide 220 VAC single-phase temp. power and 115 VAC single-phase temp. power, of permanent characteristics at each elevator landing for lighting and installation method tools.
Locate connection points at elevator hoistway. Consult your KONE representative for confirmation of location and type of temporary power.
Fuses are to be current limiting class RK1 or equivalent. Circuit breakers are to have current-limiting characteristics equivalent to RK1 fuses. Provisions of these fuses are the responsibility of others, not KONE.
Provide a separate15-amp, 115 VAC fused service with ground (powered by building emergency power system, when available) include the means to disconnect each service and lock-off in the “open” position (NFPA 70 article 620.22 and 620.53 or CEC article
38.22 and 38.53).
5. HOISTWAY
Provide a clear and plumb hoistway of size shown on approved KONE final layout drawings. Any variations from the detailed dimensions may not exceed 2”/50 mm and may not be less than the clear dimensions detailed (tolerance: -0”/-0mm + 2”/50mm).
Provide or maintain fire rating as required by building code.
Our tender is contingent on the results of a laser survey of the elevator hoistway performed by KONE to determine suitable hoistway conditions.
Patching of all holes in hoistway walls with fire rated material.
Beveling all ledges within hoistway measuring over 4”/100mm.
Removal of any non-elevator related equipment and materials from within the hoistway and proper disposal of oil and other hazardous or non-hazardous substances and materials.
A guarded light fixture and light switch in pit. Switch must be located 42”/1065mm above the lowest landing floor level.
A means of displacing water located in the pit and containing and disposing of oil, chemicals, and other substances in compliance with environmental laws and regulations (KONE assumes no responsibility for discharge of oil, chemicals, and other substances into storm water systems, sanitary sewer systems, retention ponds, etc.). Sumps and/or sump pumps (where permitted) located within the pit may not interfere with the elevator equipment. Sumps to be covered with flush mounted, non- combustible cover capable of withstanding 150 lbs per square foot (7 kPa). The sump pump/drain must, at minimum, remove 3,000 gal/h (11.4 m3/h) per elevator.
Elevator hoistway ventilation to the outside atmosphere as required by building code.
Provide a legal, dry and clean pit, built per KONE final layout drawings. Pit shall be reinforced to sustain vertical forces detailed on KONE final layout drawings (vertical forces detailed are two times the static loads).
Provide for installation of hoisting I-beam in the elevator hoistway overhead per the KONE final layout drawings. Beam supplied by KONE unless otherwise noted on the layout drawings.
Provide adequate support for guide rail brackets from pit floor to the top of the hoistway. Locate rail backing per KONE final approved layout drawings. When maximum bracket span is
exceeded, additional support shall be provided at purchaser’s expense. Any bracket mounting surface that is not in line with the clear hoistway dimension detailed on the approved KONE final layout drawings may need to be corrected to meet the proper dimension at purchaser’s expense.
45 C02188
Exhibit A
21(21)www.kone.us Alternative to 555 1st St. Parking Garage If concrete block wall construction, refer to the approved KONE final approved layout drawings for proper installation of rail bracket attachments. Inserts provided by KONE unless otherwise noted on the approved KONE final approved layout drawings. Insert type must be approved by KONE. Concrete masonry units, mortar and grout, shall conform to IBC 2000 or any applicable local code.
Concrete masonry units shall have a minimum compressive strength of 1500 PSI (10.5 MPa). Mortar and grout shall have a minimum compressive strength of 2000 PSI (13.8 MPa).
When entrances are being replaced, arrange for entrance walls to be constructed at the time doorframes and sills are installed to facilitate timely installation of hall fixture faceplates.
Entire front wall must be left open at top and bottom landings until elevator equipment is installed. Intermediate landings must have rough openings of the size and location shown on KONE final approved layout drawings to allow installation of entrances. All entrance openings must be aligned vertically. Adequate support for entrance attachment points shall be provided at all landings.
Any marble, stone or similar wall material must be prepared after the entrance frames are installed. Provide corridor lines for any marble or “special finish” walls.
When entrances are being replaced, provide elevator landings suitably prepared to accept entrance sill installation per KONE final layout drawings. Grouting to be done by purchaser after sills are installed. Note: Traditional angle or concrete sill support is not required.
If the control space is located remote from the elevator hoistway top landing the following may apply:
1. If applicable, provide machine space access door of the size and in the location shown on the KONE final layout drawings. The access door shall be secured against unauthorized access. It shall be self-closing, self-locking and operable from the inside without a key.
2. Provide suitable lighting in or above the machine space access with light switch located within 18”/457 mm of strike jamb side of access space door where practical. When permitted by state and local code the light switch should also control the machine space lighting.
3. Conductors and cables located outside of the elevator hoistway, machine space and control space, that provide normal or standby power, car lighting power, car ventilation power, car heating power, car air conditioning power, control signals, communication with the car and fire/heat-detecting systems control signals to Fire Service Access Elevators, shall be protected by construction having a fire-resistance rating of not less than 2 hours (APPLICABLE ONLY IN JURISDICTIONS ENFORCING THE IBC
BUILDING CODE OR ANY APPLICABLE LOCAL CODES).
Provide and install GFCI-type receptacle located at machine in the top of the hoistway or in machine room as applicable (NFPA 70 article 620.85 or CEC article 38.85 whichever is applicable).
Provide and install light switch located at manual brake release location: may also be required in control space per local jurisdiction.
6. FIRE SERVICE
Fire alarm smoke detectors with wiring and relays in the machine room terminating at elevator controller.
Fire alarm initiating devices must be located in front of each elevator entrance as well as in the machine room and at the top of the hoistway.
Where sprinklers exist in the machine room and/or hoistway, a fire alarm initiating device within 12”/305mm of each sprinkler head.
7. ACCESS INTEGRATION/SECURITY
Our proposal includes KONE logic and possible requested provisions for the specified Touchscreen(s), Keypad Destination Operating Panel(s), Monitoring System(s) and Multi-Media Equipment.
Card Readers and/or any additional required hardware & software for proper functionality of access control/security system(s) shall be furnished and installed by others.
Any required software to ensure proper communication between KONE control system(s) and building system(s) shall be the responsibility of others.
A designated 115V 15A circuit is required at each of the remote monitoring stations.
KONE recommends a minimum 100 Mbit/s Ethernet for each of the following application(s): Integrated Touchscreen/Keypad Destination Operating Panels, Monitoring System, Multi-Media Equipment, and Card Readers.
46 C02188
Exhibit A
COST PROPOSAL FORMS
C I T Y O F S A N T A R O S A
STATE OF CALIFORNIA
PARKING GARAGE 12 ELEVATOR MODERNIZATION
The work to be performed and referred to herein is in the City of Santa Rosa, California and consists of improvements to be constructed in accordance with the provisions of the Request for Cost Proposal, containing the Notice to Contractors, the Special Provisions, the Cost Proposal Forms and the Contract, all of which are by reference incorporated herein, and each Addendum, if any is issued, to any of the above which is also incorporated by reference herein.
TO THE AWARD AUTHORITY OF THE CITY OF SANTA ROSA
The undersigned, as potential Contractor, declares that the only person or parties interested in this Contract as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that Contractor has carefully examined the Request for Cost Proposal and conditions therefor, and is familiar with all requirements, that Contractor has examined this Contract and the provisions incorporated by reference herein, and Contractor hereby proposes, and agrees that if its proposal is accepted by the City, Contractor will provide all necessary machinery, tools, apparatuses, and other means of construction, and to do all the work and furnish all the materials and services required to complete the construction in accordance with the Contract, the Special Provisions, and Addenda to any of the above as incorporated by reference, in the time stated herein, for the unit prices and/or lump sum prices as follows:
47 C02188
Exhibit A
Proposer Name: Kone Inc.
Item Description Quantity Price Total
1 Parking Garage 12 Elevator Modernization 1 $928,816.00 928,816.00 $ TOTAL PROPOSAL 928,816.00$
CITY OF SANTA ROSA
C02188 PARKING GARAGE 12 ELEVATOR MODERNIZATION
UNIT PRICE SCHEDULE
48 C02188
Exhibit A
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following:
1. As to lump sum items, the amount set forth in the "Total" column shall be the unit price;
2. As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
The Total Base Proposal shall be the sum of the "Total" column. In case of discrepancy between the sum of the "Total" column and the amount entered as Total Base Proposal, the sum of the "Total" column shall prevail.
If this Proposal is accepted by the City and the undersigned fails to execute the Contract and to give all the bonds required under the Contract, with a surety satisfactory to the Award Authority of the City of Santa Rosa, within ten calendar days after Contractor has received the Notice of Award from the Project Manager, then the Award Authority may, at its option, determine that the Contractor has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of the security accompanying this proposal shall be in accordance with California Public Contract Code section 20172.
The undersigned understands and agrees that the City is not responsible for any error or omissions on the part of the undersigned in making this proposal.
The Contractor to whom the Contract is awarded agrees to execute the Contract in favor of the City, in the form attached, and to deliver any and all required bond(s) and insurance certificates within ten calendar days from the date of Contractor’s receipt of the Notice of Award. Following the award of the Contract, Contractor shall commence work within ten calendar days from the day authorized in the Notice to Proceed and diligently prosecute the same to completion in accordance with Section 8-1.04.
49 C02188
Exhibit A
NAME OF
CONTRACTOR:
LIST OF SUBCONTRACTORS
The following is a list of each subcontractor who will perform work or labor or render services to the undersigned for the construction of the project in an amount in excess of ½ of 1% of the total amount of this proposal.
The undersigned agrees that any portion of the work in excess of ½ of 1% of the total amount of this proposal and for which no subcontractor is designated herein will be performed by the undersigned.
SUBCONTRACTOR
NAME
SUBCONTRACTOR
LICENSE NUMBER
SUBCONTRACTOR
DIR
REGISTRATION
NUMBER
SUBCONTRACTOR
BUSINESS ADDRESS
DESCRIPTION
OF WORK
(ITEM NO.)
50 C02188
Exhibit A
NAME OF
CONTRACTOR:
LIST OF PREVIOUS SIMILAR JOBS
51 C02188
Exhibit A
NONCOLLUSION DECLARATION
TO BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH COST PROPOSAL The undersigned declares:
I am the __________________ of ____________________________, the party making the foregoing proposal. The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. The Contractor has not directly or indirectly induced or solicited any other Contractor to put in a false or sham proposal. The Contractor has not directly or indirectly colluded, conspired, connived, or agreed with any Contractor or anyone else to put in a sham proposal, or to refrain from proposing. The Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the price of the Contractor or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Contractor. All statements contained in the proposal are true. The Contractor has not, directly or indirectly, submitted his or her price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, propsal depository, or to any member or agent thereof, to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Contractor that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Contractor.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _________________ [date], at _______________________________ [city], ________ [state].
NOTE: The above Noncollusion Declaration is part of the Contract Cost Proposal. Signing this Cost Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Declaration.
52 C02188
Exhibit A
COST PROPOSAL AFFIDAVIT AND CONTRACTOR’S SIGNATURE PAGE The undersigned agrees that if Contractor does not execute the Contract and deliver the necessary bonds to the City within the period of time specified in this Request for Cost Proposal, this proposal and the acceptance thereof may, at the option of the City, be considered null and void.
The undersigned is licensed in accordance with an act providing for the registration of Contractors, License No. , Class , expiration date .
The undersigned in registered with the Department of Industrial Relations, Registration No. ______________.
IMPORTANT NOTICE: If Contractor or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager of the corporation; if a partnership, state true name of partnership, also the names of all partners in the partnership; if the Contractor is a sole proprietor, state the business name and the proprietor's name in full.
Secretary of State Business Entity Number: .
Business Address
Telephone Number
I declare under penalty of perjury that the foregoing is true and correct.
CONTRACTOR'S
SIGNATURE:
TITLE:
DATE:
53 C02188
Exhibit A
CONTRACT
CITY OF SANTA ROSA
CALIFORNIA
CONTRACT NO. C02188
PARKING GARAGE 12 ELEVATOR MODERNIZATION
This Contract is made and entered into as of _____________, _____ at Santa Rosa, California, between the City of Santa Rosa (“City") and Kone Inc. of Moline, Illinois ("Contractor").
ARTICLE I - For and in consideration of the payment and agreement hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the required bonds hereunto annexed, Contractor agrees that for the benefit of City, at its own cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the Special Provisions to be furnished by City, necessary to construct and complete the work herein described in a good, workmanlike, and substantial manner. The work embraced herein shall be done in accordance with the Standard Specifications of the State of California Department of Transportation, dated 2010, insofar as the same may apply (Standard Specifications); in accordance with the City of Santa Rosa Construction Specifications for Public Improvements (City Specifications); in accordance with the City of Santa Rosa Design and Construction Standards, (City Standards); in accordance with the State of California Department of Transportation Standard Plans, dated 2010 (Standard Plans), (collectively, “Contract Documents”) and in accordance with the Special Provisions hereinabove set forth, all of which are hereby incorporated into and made part of this Contract.
ARTICLE II - Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and doing all the work contemplated and embraced in this Contract; also for all loss or damages arising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by City and for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work, and the whole thereof in the manner and according to the Request for Cost Proposal therefor, and the requirements of the Project Manager under them to wit:
54 C02188
Exhibit A
Item Description Quantity Unit Price Total Price
1 Parking Garage 12 Elevator Modernization 1 $928,816.00 928,816.00 $ GRAND TOTAL 928,816.00$
CITY OF SANTA ROSA
C02188 PARKING GARAGE 12 ELEVATOR MODERNIZATION
SCHEDULE OF PRICES
55 C02188
Exhibit A
ARTICLE III - City and Contractor hereby promise and agree that Contractor shall provide the materials and do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and City hereby agrees to pay for the same at the time, in the manner, and upon the conditions set forth; and the parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to full performance of the covenants herein stated.
ARTICLE IV - By execution of this Contract, Contractor hereby represents and certifies that Contractor is aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor hereby agrees to comply with such provisions before commencing the performance of the work of this Contract.
ARTICLE V - It is further expressly agreed by and between the parties hereto that the Request for Cost Proposal, containing the Notice to Contractors including any required Bonds, the Contract Documents, and any Addenda are all essential parts of this Contract and are specially referred to and by such reference made a part hereof. In the event of any conflict in the provisions thereof, the terms of said documents shall control each over the other, in the following order:
1. Special Provisions
2. City Standards
3. City Specifications
4. Standard Specifications
5. Standard Plans
ARTICLE VI - Contractor agrees to commence work pursuant to this Contract within ten calendar days from the date authorized in the Notice to Proceed and to diligently prosecute the same to completion in accordance with Section 8-1.04C of the Special Provisions.
This Contract shall not be transferred or assigned without the prior written consent of City, which may be withheld by City in its sole and absolute discretion.
If Contractor is a corporation, two corporate officers of Contractor, one from each of the following two groups shall execute this Contract: a) the chairman of the board, president or any vice-president; b) the secretary, any assistant secretary, chief financial officer, or any assistant treasurer. The name and title of the corporate officers shall be printed under the signature.
In witness whereof, the parties hereto have executed this Contract as of the date first written above.
City:
City of Santa Rosa,
a Municipal corporation
By:
Title:
ATTEST:
By:
Title:
Approved as to form:
By:
Office of City Attorney
Contractor:
Kone Inc.,
a Illinois corporation
By:
Name:
Title:
By:
Name:
Title:
Exhibit A