Modernization Proposal
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Visalia Convention Ctr RFP May 2025 June 13, 2025
Purchaser: City Of Visalia Location: City Of Visalia
Address: 303 E Acequia Ave Address: 303 E Acequia Ave Visalia, CA 93291-6341 Visalia, CA 93291-6341
TK Elevator Corporation (hereinafter "TK Elevator") is dedicated to delivering City Of Visalia (hereinafter “Purchaser”) the safest, highest quality vertical transportation solutions. I am pleased to present this customized Proposal (the “Proposal”) in the amount of $642,850.00 inclusive of all applicable sales and use taxes to modernize the elevator equipment described in the pages that follow at the above-referenced location.
Our modernization package is engineered specifically for your elevator system and will include the elevator mechanical and electrical components being replaced, refurbished or retained.
The price above also includes all value added taxes, tariffs, duties, and similar charges imposed on TK Elevator as of the date of this Proposal. The price of this Proposal is subject to escalation - even after Purchaser’s acceptance of this Proposal – under certain circumstances including TK Elevator being subjected to increased charges by its suppliers; the imposition of new or increased taxes, tariffs, or other charges imposed by applicable governmental authorities; and/or TK Elevator being subjected to increased charges from its shippers and/or freight forwarders.
If not accepted within twenty-one (21) calendar days of the date of this Proposal or the date presented to Purchaser, this Proposal shall automatically be revoked and shall be null and void.
In the event you have any questions regarding the content of this Proposal please contact me at +1
We appreciate your consideration.
Regards,
Steve Boisvert
Steve Boisvert
TK Elevator Corporation
940 Riverside Pkwy Ste 20
W. Sacramento, CA 95605
[email protected] | +1 916 813-9668
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SCOPE OF WORK
Grouping Name: 1 Equipment Type: Hydraulic Speed: 80 fpm 2 Stops (2 Front /0 Rear) Capacity: 4000 lbs.
Units Included
Building Address Nickname TKE Serial #
VISALIA CONVENTION CENTER 1 US280125
Description of Work
Important note
- This proposal is based on the elevator equipment room to be relocated from the roof to the ground floor across from the hallway leading to the elevator opening - Related work scope (Work By Other - WBO) is included in this proposal : See Appendix #1 for Scope of work included.
Controller
- Microprocessor Controller
- Battery Lowering
- Machine Room Wiring
Power Unit
- Power Unit
- Shutoff Valve
- Surge Valve / Overspeed Valve
- Biodegradable oil (Citgo NZ)
- Oil Line Piping from New equipment room to Elevator Pit
Jack
- Hydraulic Jack
- PVC for 5-S Jack with Moisture Sensor
- Pit Mounting Channels
- Jack Joint(s)
- Pipe Stands
- Drilling is included in this proposal : See Appendix #2 for Scope of work included.
Car
- Car Top Equipment
- Toe Guard
- Rebuild Car Guides
Hoistway
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- Hoistway Wiring (Traveling Cable)
- Hoistway Switches
- Landing System
Pit
- 2" Shutoff Valve Kit (Pit)
- Pit Stop Switch
- Spring Buffer Model 8M (Pair) (Max Gross Load 8000 lbs) - Pit Ladder 12'' Wide (As required)
Cab
- Car Door (2SSS, #4 S/S (441))
- Car Sill (2SSS, Aluminum)
- Steel Shell Cab (16 gauge steel) for TKAP
- 14 Gauge Canopy Powder Coated F-114 (White)
- Fronts: Fixed Return (Applied COP) #4 S/S (441)
- Panels: Plastic Laminated
- Frieze and Reveal Kit: #4 S/S (441)
- Ceiling: Downlight LED (Formed Metal Pan) Powder Coated - Handrails
• Bar 1/4" x 4", Ends returned to wall
• #4 S/S (300 Series)
- Bumper Rails
• Bar 1/4" x 2", Straight capped ends
• #4 S/S (300 Series)
- Base: Stainless Steel
- Pad Hooks
- Protective Pads (Set)
Door Equipment
- Door Detector
- Door Operator
- Gibs
- Closer
- Hanger Rollers
- Interlocks
- Pick Up Rollers
Car Fixtures
- Car Station (COP)
- Car Riding Lantern
Hall Fixtures
- Jamb Braille (Pairs)
- Car Identification Plate (Pair)
- Hoistway Access
- Hall Stations Terminal
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01 Key Tasks and Approximate Lead Times
Approximate Durations/Lead Times
Contract execution
(can run concurrently with layout drawing package preparation and approval) TBD by Purchaser
Survey and Order of Materials
(additional time required for cab, signal, entrance preparation and approval, if applicable) 6-8 Weeks
Fabrication time
(from receipt of all approvals, fully executed contract, Material Release Form* and initial progress payment) 12 Weeks
Shipping:
(Tennessee to local distribution center)
2 Weeks
Crew Scheduling
Varies
Modernization of elevator system (Per Unit):
(Upon completion of all required preparatory work by others and the signed pre-installation checklist) 9 - 11 Weeks
*If equipment is delivered to TKE’s staging facility in accordance with the date shown on the TKE Material Release Form, and the preparatory work required by other trades is not completed, all storage charges as a result of site delays are to be paid by the Purchaser based on the storage rates noted below in this proposal.
The durations or lead times listed above are strictly approximations that can vary due to factors both within and outside of TK Elevator's control, are subject to change without notice to Purchaser and shall not be binding on TK Elevator.
02 Payment of Work
50% of the price set forth in this Proposal as modified by options selected from the section entitled “Value Engineering Opportunities & Alternates” (if applicable) will be due and payable as an initial progress payment within 30 days from TK Elevator's receipt of a fully executed copy of this Proposal. This initial progress payment will be applied to project management, permits, engineering and shop drawings, submittals, and drilling mobilizations (if required). The material will not be ordered until this payment is received, and the parties have both executed this Proposal and the Material Release Form.
25% of the price set forth in this Proposal as modified by options selected from the section entitled “Value Engineering Opportunities & Alternates” (if applicable) shall be due and payable when the material described above has been furnished. Material is considered furnished when it has been received at the jobsite or TK Elevator staging facility. Supporting documentation of materials stored shall be limited to stored materials certificates of insurance and bills of lading. Pictures will not be provided. Receipt of this payment is required prior to mobilization of labor.
25% of the price set forth in this Proposal shall be made as progress payments throughout the life of the project. In the event TK Elevator fails to receive payment within thirty (30) days of the date of a corresponding invoice, Modernization Proposal
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TK Elevator reserves the right to demobilize until such a time that the payments have been brought up to date, and TK Elevator has the available manpower.
It is agreed that there will be no withholding of retainage from any billing and by the customer from any payment.
The payment terms breakdown above shall be considered the Schedule of Values for the project as written. Billing shall be submitted on or before the 25th day of the month according to the payment schedule above and accompanied by a form of G702-703 pay application/schedule of values and a conditional waiver, the format of which is hereby acknowledged and accepted.
The use of online Portals for the submission of billing shall follow the terms of the Proposal and Customer agrees to permit billing in accordance with the executed contract terms. Portal access and usage is to be provided free of additional charge to TK Elevator and any additional cost for such use is to be reimbursed to TK Elevator via a reimbursable change order immediately upon acceptance.
Purchaser agrees that TK Elevator shall have no obligation to complete any steps necessary to provide Purchaser with full use and operation of the installed equipment until such time as TK Elevator has been paid 100% both of the price reflected in this Proposal and for any other work performed by TK Elevator or its subcontractors in furtherance of this Proposal. Purchaser agrees to waive any and all claims to the turnover and/or use of that equipment until such time as those amounts are paid in full.
Proposal price: $637,850.00
Bonds: $5,000.00
Estimated contract price: $642,850.00
Initial progress payment: (50%) $321,425.00
Material furnished: (25%) $160,712.50
Total of remaining progress
payments:
(25%) $160,712.50
Any work that Purchaser may require prior to turnover of the equipment that is outside of the scope described in this Proposal - other than Temporary Use as described below - will be performed only after the full execution of a mutually agreeable change order and only at the following rates:
Mechanic (Standard) per hour $380.00
Mechanic (OT) per hour $641.00
Team (Standard) per hour $684.00
Team (OT) per hour $1,154.00
Rates are not inclusive of any per diem, mileage or other expenses which may be dependent on jobsite location and are valid until December 31, 2025 .
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03 Warranty
TK Elevator warrants any equipment it installs as described in this Proposal against defects in material and workmanship for a period of one (1) year from the date of Purchaser’s execution of TK Elevator's “Final Acceptance Form” on the express conditions that all payments made under this Proposal and any mutually agreed-to change orders have been made in full and that such equipment is currently being serviced by TK Elevator. In the event that TK Elevator's work is delayed for a period greater than six (6) months, the warranty shall be reduced by the amount of the delay. This warranty is in lieu of any other warranty or liability for defects. TK Elevator makes no warranty of merchantability and no warranties which extend beyond the description in this Proposal, nor are there any other warranties, expressed or implied, by operation of law or otherwise. Like any piece of fine machinery, the equipment described in this Proposal should be periodically inspected, lubricated, and adjusted by competent personnel. This warranty is not intended to supplant normal maintenance service and shall not be construed to mean that TK Elevator will provide free service for periodic examination, lubrication, or adjustment, nor will TK Elevator correct, without a charge, breakage, maladjustments, or other trouble arising from normal wear and tear or abuse, misuse, improper or inadequate maintenance, or any other causes other than defective material or workmanship. In order to make a warranty claim, Purchaser must give TK Elevator prompt written notice at the address listed on the cover page of this Proposal and provided all payments due under the terms of this Proposal and any mutually agreed to written change orders have been made in full, TK Elevator shall, at its own expense, correct any proven defect by repair or replacement. TK Elevator will not, under any circumstances, reimburse Purchaser for cost of work done by others, nor shall TK Elevator be responsible for the performance of any equipment that has been the subject of service, repair, replacement, revisions or alterations by others. If there is more than one (1) unit which is the subject of work described in this Proposal, this section shall apply separately to each unit as accepted.
04 Preventative Maintenance Program
This Proposal does not include any maintenance, service, repair or replacement of the equipment or any other work not expressly described herein. TK Elevator may submit a separate proposal to Purchaser covering the maintenance and repair of this equipment to be supplied to Purchaser at an additional cost. In the event the Purchaser and TK Elevator have a new or existing maintenance Agreement in effect at the time of the acceptance of this proposal and/or during the scope of this work, the terms of the Agreement shall remain in full force and effect throughout the performance of this scope of work and continue throughout the duration of the stated term in that Agreement.
05 Work Not Included
There are certain items that are not included in this Proposal, many of which must be completed by Purchaser prior to and as a condition precedent to TK Elevator's performance of its work as described in this Proposal. In order to ensure a successful completion of this project, it shall be solely Purchaser’s responsibility to coordinate its own completion of those items with TK Elevator. The following is a list of those items that are not included in this Proposal:
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A. Hoistways and Equipment Rooms
1. Purchaser shall provide the following:
a. A dry legal hoistway, properly framed and enclosed, and including a pit of proper depth and overhead. This is to include steel hoist beam, inspection or access platforms, access doors, sump pump, lights, waterproofing and venting as required; dewatering of pit(s) and required permanent screening/
b. A dry legal machine/control room, with clear rollable access adequate for the elevator equipment, including floors, trap doors, properly sized legal machine room doors, gratings, machine room or roof access platforms, roof/loading protection, ladders, railings, foundations, all hoist beams, lighting, ventilation sized per the TK Elevator shop drawings and/or code requirements. Purchaser must maintain machine/control room (or machine/control space within the shaft for MRL equipment) temperature between 55 and 90 degrees Fahrenheit, with relative humidity less than 95% non-condensing at all times.
c. Adequate bracing of entrance frames to prevent distortion during wall construction. d. All grouting, fire caulking, cutting, x-ray and removal of walls and floors, patching, coring, setting of sleeves/knockouts, penetrations and painting (except as specified) and removal of obstructions required for elevator work; along with all proper trenching and backfilling for any underground piping and/or conduit. e. All labor and materials necessary to support the full width of the hoistway at each landing for anchoring or welding TK Elevator sill supports, steel angles, sill recesses; f. The furnishing, installing and maintaining of the required fire rating of elevator hoistway walls, including the penetration of firewall by elevator fixture boxes;
g. Ensuring that the elevator hoistways and pits are dewatered, cleaned and properly waterproofed;
B. Electrical and Life Safety:
1. Purchaser shall provide a dedicated, analog telephone or data line to the elevator telephone or communication device; one additional data line per group of elevators for diagnostic capability wired to designated controller;
2. Purchaser shall provide:
a. permanent 3-phase power with suitable connections from the power main to each controller and signal equipment feeders as required, including necessary circuit breakers and fused mainline disconnect switches per N.E.C. prior to installation. Permanent 3-phase power supply capable of operating the new elevator equipment under all conditions, no generator power, or manufactured power, will be acceptable;
b. piping and wiring to controller for mainline power, car lighting, and any other building systems that interface with the elevator controls per N.E.C. Articles 620-22 and 620-51;
c. any required hoistway / wellway, machine room, pit lighting and/or 110v service outlets; d. conduit and wiring for remote panels to the elevator machine room(s) and between panels. Remote panels required by local jurisdictions are not included in this proposal;
e. a bonded ground wire, properly sized, from the elevator controller(s) to the primary building ground; and all remote wiring to the outside alarm bell as requested by all applicable code provisions;
f. installed sprinklers, smoke/heat detectors on each floor, machine room and hoistways / wellways, shunt trip devices (not self-resetting) and access panels as may be required as well as normally open dry contacts for smoke/heat sensors, which shall be terminated by Purchaser at a properly marked terminal in the elevator controller;
g. a means to automatically disconnect the main line and the emergency power supply to the elevator prior to the application of water in the elevator machine room that shall not be self-resetting; h. emergency power supply including automatic time delay transfer switch and auxiliary contacts with wiring to the designated elevator controller and along with electrical cross connections between elevator machine rooms for emergency power purposes;
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i. the following emergency power provisions are not included: interface in controller, pre-testing and testing, emergency power keyswitches;
j. emergency power operation is included as part of the design of the elevator control system and based on each car in the group only, to properly sequence, one at a time to the programmed landing, and park. The design requires that the generator, transfer switch, and related circuitry are sufficient to run this function or any other function for any building other system that is associated with this project. In the event that the generator, transfer switch, and related circuitry are not sufficient, TK Elevator will provide Purchaser with a written change order for Purchaser’s execution.
k. a dry set of contacts which close 20 seconds prior to the transfer from normal power to emergency power or from emergency power to normal power whether in test mode or normal operating conditions in the event that an emergency power supply will be provided for the elevator;
l. confirmation that the emergency standby power generator and/or building can accept the power generated to and from the elevator during both Hi-Speed and Deceleration. In cases where the generator and/or building load is not electrically sized to handle the power return from the regen drive, additional separate chopper and resistor units are available for purchase but not included in this proposal. The additional chopper and resistor units allow regenerated power to be dissipated in the resistor bank and not sent back into the building grid.
C. Miscellaneous:
1. Purchaser shall provide all work relating to the finished cab flooring including, but not limited to, the provision of materials and its installation to comply with all applicable codes;
06 Working Hours, Logistics and Mobilization
a. All work described in this Proposal shall be performed during TK Elevator's regular working days – defined as Monday thru Friday and excluding IUEC recognized holidays – and regular working hours – defined as those hours regularly worked by TK Elevator mechanics at the TK Elevator branch office that will provide labor associated with the performance of the work described in this Proposal - unless otherwise specified and agreed to in writing by both TK Elevator and Purchaser (hereinafter TK Elevator's regular working days and regular working hours shall be collectively defined as “normal working hours”). TK Elevator shall be provided with uninterrupted access to the elevator hoistway and machine room areas to perform work during normal working hours.
b. Purchaser shall provide on-site parking to all TK Elevator personnel at no additional cost to TK Elevator. c. Purchaser shall provide traffic control, lane closures, permits and flagmen to allow suitable access/unload of tractor trailer(s).
d. Purchaser agrees to provide unobstructed tractor-trailer access and roll-able access from the unloading area to the elevator or escalator hoistways or wellways (as applicable). e. Purchaser will be required to sign off on the Material Release Form, which will indicate the requested delivery date of equipment to the site. If Purchaser is not ready to accept delivery of the equipment within ten (10) business days of the agreed upon date, Purchaser will immediately make payments due for equipment and designate an area adjacent to the elevator shaft where Purchaser will accept delivery. If Purchaser fails to provide this location or a mutually agreeable alternative, TK Elevator is authorized to warehouse the equipment at the TK Elevator warehouse or designated distribution facility at Purchaser's risk and expense. Purchaser shall reimburse TK Elevator for all costs due to extra handling and warehousing. Storage beyond ten (10) business days will be assessed at a rate of $100.00 per calendar day for each unit listed in this Proposal, which covers storage and insurance of the elevator equipment and is payable every (30) calendar days.
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f. Purchaser agrees to provide a dry and secure area adjacent to the hoistway(s) at the ground level for storage of the elevator equipment and tools within ten (10) business days from receipt at the local TK Elevator warehouse.
Any warranties provided by TK Elevator for vertical transportation equipment will become null and void if equipment is stored in any manner other than a dry, climate controlled enclosed building structure. Any relocation of the equipment as directed by Purchaser after initial delivery will be at Purchaser's expense. g. TK Elevator includes one mobilization to the jobsite. A mobilization fee of $5,000.00 (minimum) per crew per occurrence will be charged for pulling off the job or for any delays caused by others once material has been delivered and TK Elevator's work has commenced.
h. Access for this project shall be free and clear of any obstructions. A forklift for unloading and staging material shall also be provided by Purchaser at no additional cost.
i. Purchaser shall provide an on-site dumpster. TK Elevator will be responsible for cleanup of elevator/ escalator packaging material; however, composite cleanup participation is not included in this Proposal. j. The hiring of a disposal company which MUST be discussed prior to any material being ordered or work being scheduled. TK Elevator will provide environmental services ONLY if this is specifically included under the "Scope of Work" section above. TK Elevator assumes no responsibility and/or liability in any way whatsoever for spoils or other contamination that may be present as a result of the cylinder breach and/or other conditions present on the work site.
k. One or more of the units described in this Proposal will be out of service and unavailable to move passengers and/or property during entire duration of the performance of the work described in this Proposal until re-certified by the applicable authority(ies) having jurisdiction and in good standing with payment schedules.
l. If site specific rules and regulations classify the elevator pit as confined space, elevator pits will need to reclassify a permit-required space to a non-permit required space prior to mobilization.
07 Temporary Use, Inspection and Turnover
a. Unless required by specification, TK Elevator will not provide for “temporary use” of the elevator(s) described in this Proposal prior to completion and acceptance of the complete installation. Temporary use shall be agreed to via a change order to this Proposal which shall require Purchaser’s execution of TK Elevator's standard Temporary Use Agreement. Cost for temporary use of an elevator shall be $200.00 per calendar day per hydraulic elevator and $250.00 per calendar day for each traction elevator for rental use only (minimum rental period is 30 calendar days), excluding personnel to operate. All labor, parts, repairs, adjustments, and/or refurbishment including callbacks required during the temporary use period will be billed at TK Elevator's billing rates listed in this proposal or TK Elevator's local service billing rates. In the event that an elevator must be provided for temporary use, TK Elevator will require 30 days to perform final adjustments and re-inspection after the elevator has been returned to TK Elevator with all protection, intercoms and temporary signage removed.
This duration does not include any provisions for finish work or for repairs of same, which shall be addressed on a project-by-project basis. Cost for preparation of controls for temporary use, refurbishment due to normal wear and tear, readjustment and re-inspection is $5,000.00 per elevator up to 10 floors in addition to costs for replacement or refurbishment of equipment based on special circumstances. For projects above 10 stops, an additional cost of $1,500.00 / 10 floors shall apply. These costs are based on work performed during normal working hours. Temporary use excludes vandalism or misuse. Any required signage, communication devices, elevator operators, and protection are not included while temporary use is being provided. All overtime premiums for repairs during the temporary use period will be billed at the billing rates listed in this proposal or TK Elevator's local service billing rates.
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b. The Proposal price set forth above includes one (1) inspection per unit by the applicable authority having jurisdiction and/or third party inspectors where the equipment is located. In the event the equipment fails that inspection due to no fault of TK Elevator, TK Elevator will charge Purchaser for both the entire cost of each re- inspection which shall be $1,500.00 per elevator and a remobilization fee which shall be $5,000.00 per elevator, plus any additional costs that may apply, via change order prior to scheduling a re-inspection. In the event the inspection fails due to items caused by both parties, the aforementioned feeds will be prorated based on the number of items by each party.
c. Upon notice from TK Elevator that the installation and/or modernization of the equipment is complete, Purchaser will arrange to have present at the jobsite a person authorized to make the final inspection and to execute TK Elevator's “Final Acceptance Form“ prior to turnover of each unit. The date and time that such person will be present at the site shall be mutually agreed upon but shall not be more than ten (10) business days after the date of TK Elevator's notice of completion to Purchaser unless both TK Elevator and Purchaser agree to an extension of that ten (10) day period in writing. Such final inspection and execution of TK Elevator's “Final Acceptance Form” shall not be unreasonably delayed or withheld. d. Should the Purchaser or the local authority having jurisdiction require TK Elevator's presence at the inspection of equipment installed by others in conjunction with the work described in this Proposal, Purchaser agrees to compensate TK Elevator for its time at TK Elevator's billing rates as shown in this proposal. e. At the conclusion of its work, TK Elevator will remove all equipment and unused or removed materials from the project site and leave its work area in a condition that, in TK Elevator's sole opinion, is neat and clean. f. Purchaser agrees to accept a live demonstration of equipment’s owner-controlled features on the same day as the turnover of each unit in lieu of any maintenance training required in the bid specifications. g. Purchaser agrees to accept TK Elevator's standard owner’s manual in lieu of any maintenance, or any other, manual(s) required in the bid specifications.
08 MAX
MAX is a cloud based Internet of Things (IoT) platform that we, at our election, may connect to your elevators by means of installation of a remote-monitoring device or modem (each a “device”). MAX will analyze the unique signal output of your equipment 24/7 and when existing or potential outages are identified, MAX will automatically communicate with our dispatch centers. When appropriate, the dispatch center will alert our technicians during normal working hours. These MAX alerts provide the technician with precise diagnostics detail, which greatly enhances our ability to fix your equipment right the first time, MAXimizing the equipment uptime.
a. Purchaser authorizes TK Elevator and its employees to access purchaser’s premises to install, maintain and/or repair the devices and, upon termination of the service agreement, to remove the same from the premises if we elect to remove.
b. TK Elevator is and shall remain the sole owner of the devices and the data communicated to us by the devices. The devices shall not become fixtures and are intended to reside where they are installed. TK Elevator may remove the devices and cease all data collection and analysis at any time. c. If the service agreement between TK Elevator and Purchaser is terminated for any reason, TK Elevator will automatically deactivate the data collection, terminate the device software and all raw data previously received from the device will be removed and/or expunged or destroyed.
d. Purchaser consents to the installation of the devices in your elevators and to the collection, maintenance, use, expungement and destruction of the daily elevator data as set forth in this agreement.
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e. The devices installed by TK Elevator contain trade secrets belonging to us and are installed for the use and benefit of our personnel only.
f. Purchaser agrees not to permit purchaser personnel or any third parties to use, access, tamper with, relocate, copy, disclose, alter, destroy, disassemble or reverse engineer the device while it is located on purchaser’s premises.
g. The installation of this equipment shall not confer any rights or operate as an assignment or license to you of any patents, copyrights or trade secrets with respect to the equipment and/or any software contained or imbedded therein or utilized in connection with the collection, monitoring and/or analysis of data.
Multimedia Monitoring Service
The latest versions of both ASME A17.1 and the International Building Code now require the Purchaser to have video and text messaging capabilities added within the elevator cab for all elevators. TK Elevator's Multimedia Monitoring Service satisfies the Purchaser’s obligation to meet these new code requirements as outlined in the attached Service Agreement Addendum entitled "TK Elevator Communications."
Activation of Multimedia Monitoring Service is contingent on signed acceptance of this proposal and acceptance of the attached, ongoing Service Agreement Addendum that defines the pricing and scope for the ongoing application services.
09 Additional Terms and Conditions
a. In no event shall TK Elevator be responsible for liquidated, consequential, indirect, incidental, exemplary, and special damages associated with the work described in this Proposal. b. This Proposal is made without regard to compliance with any special purchasing, manufacturing or construction/installation requirements including, but not limited to, any socio-economic programs, such as small business programs, minority or woman owned business enterprise programs, or local preferences, any restrictive sourcing programs, such as Buy American Act, Buy America, or any other similar local, state or federal procurement regulations or laws that would affect the cost of performance. Should any such requirements be applicable to the work described in this Proposal, TK Elevator reserves the right to modify this Proposal or rescind it altogether.
c. TK Elevator is an equal opportunity employer.
d. TK Elevator's performance of the work described in this Proposal is contingent upon Purchaser furnishing TK Elevator with any and all necessary permission or priority required under the terms and conditions of government regulations affecting the acceptance of this Proposal or the manufacture, delivery or installation of the equipment. All applicable sales and use taxes, permit fees and licenses imposed upon TK Elevator as of the date of the Proposal are included in the price of the Proposal. Purchaser is responsible for any additional applicable sales and use taxes, permit fees and licenses imposed upon TK Elevator after the date of the Proposal or as a result of any law enacted after the date of the Proposal. e. All value added taxes, tariffs, duties, and similar charges imposed upon TK Elevator as of the date of the execution of this Proposal are included in the price of the Proposal. After the date of acceptance of this Proposal and in addition to the Proposal price, Purchaser is also responsible to pay TK Elevator for any new (or any increase in): (1) applicable value added taxes, tariffs, duties, and/or other charges imposed by applicable governmental authorities; (2) charges from its suppliers for any of the applicable materials and/or components Modernization Proposal
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due to (a) supply chain issues, (b) the imposition of applicable value added taxes, tariffs, duties or other charges by applicable governmental authorities; and/or (c) if the completion of work called for in this Proposal occurs after the milestone mentioned earlier in this Proposal; and/or (3) charges from TK Elevator's shippers and/or freight forwarders, all along with profit and overhead associated with those amounts set forth in (1), (2) and/or (3). In addition to the Proposal price, when the materials and/or components called for in this Proposal are ready to be released into production, TK Elevator will provide Contractor with a separate change order that includes such value added taxes, tariffs, duties and/or similar charges imposed upon TK Elevator and/or such charges from its suppliers and freight forwarders for any of the applicable materials and/or components as set forth above, along with profit and overhead associated with those amounts, which must be executed and fully paid for prior to and as a condition precedent to delivery of the material to the jobsite or providing labor on the project.
f. Purchaser agrees to provide TK Elevator's personnel with a safe and secure place in which to work and TK Elevator reserves the right to discontinue work at the jobsite whenever, in TK Elevator's sole opinion, this provision is being violated. TK Elevator to be reimbursed for stolen tools or material. g. The pricing set forth in this Proposal assumes that the elevator pits will not be classified as a confined space.
TK Elevator will follow its standard safety policy and procedures. Any job specific safety requirements over and above TK Elevator's standard practices and policies may require additional costs. h. TK Elevator will furnish and install all equipment in accordance with the terms, conditions, scope and equipment nomenclature as noted herein. Requested changes or modifications to such provisions will require a written change order issued on the Purchaser’s letterhead and accepted by TK Elevator in writing prior to the execution of such work. This change order shall detail the current contract price, the amount of the change, and new contract value.
i. This Proposal does not include a schedule for the work described and any such schedule shall be mutually agreed upon by an authorized representative of both TK Elevator and Purchaser in writing before becoming effective.
j. In the event asbestos material is knowingly or unknowingly removed or disturbed in any manner at the jobsite, Purchaser shall monitor TK Elevator's work place and prior to and during TK Elevator's manning of the job, Purchaser shall certify that asbestos in the environment does not exceed .01 fibers per cc as tested by NIOSH 7400. In the event TK Elevator's employees or those of TK Elevator's subcontractors are exposed to an asbestos hazard, PCP’s, lead or other hazardous substances, Purchaser agrees, to the fullest extent permitted by law, to indemnify, defend, and hold TK Elevator harmless from all damages, claims, suits, expenses, and payments resulting from such exposure. Identification, notification, removal and disposal of asbestos containing material, PCP’s lead or other hazardous substances are the responsibility of the Purchaser. k. TK Elevator retains title to and a security interest in all equipment it supplies – which TK Elevator and Purchaser agree can be removed without material injury to the real property – until all payments including deferred payments and any extensions thereof, are made. In the event of any default by Purchaser on any payment, or any other provision of this Proposal, TK Elevator may take immediate possession of the equipment and enter upon the premises where it is located – without legal process – and remove such equipment or portions thereof, irrespective of the matter of its attachment to the real estate or the sale, mortgage or lease of the real estate. Pursuant to the Uniform Commercial Code, and at TK Elevator's request, Purchaser agrees to execute any financial or continuation statements which may be necessary for TK Elevator to file in public offices in order to perfect TK Elevator's security interest in such equipment. l. TK Elevator reserves the right to assign payments owed to TK Elevator under this Proposal. m. TK Elevator shall not be liable for any loss, damage or delay caused by acts of government, labor troubles, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief, acts of God or any cause beyond its control.
n. The rights of TK Elevator under this Proposal shall be cumulative and the failure on the part of the TK Elevator to exercise any rights hereunder shall not operate to forfeit or waive any of said rights. Any extension, Modernization Proposal
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indulgence or change by TK Elevator in the method, mode or manner or payment or any of its other rights shall not be construed as a waiver of any of its rights under this Proposal. o. In the event TK Elevator engages a third party to enforce the terms of this Proposal, and/or to collect payment due hereunder, either with or without suit, Purchaser agrees to pay all costs thereof together with reasonable attorney’s fees. Purchaser does hereby waive trial by jury and does hereby consent to the venue of any proceeding or lawsuit under this Proposal to be in the county where the work covered by this Proposal is located. p. TK Elevator can furnish Certificate of Workers’ Compensation, Bodily Injury and Property Damage Liability Insurance coverage to Purchaser upon written request.
q. Should loss of or damage to TK Elevator's material, tools or work occur at the project site, Purchaser shall compensate TK Elevator for such loss, unless such loss or damage results from TK Elevator's own acts or omissions.
r. Purchaser, in consideration of TK Elevator performing the services set forth in this Proposal, to the fullest extent permitted by law expressly agrees to indemnify, defend, save harmless, discharge, release and forever acquit TK Elevator Corporation, TK Elevator Manufacturing, Inc., their respective employees, officers, agents, insurers, affiliates, and subsidiaries (hereinafter singularly a “TK Elevator party“ and collectively the “TK Elevator parties“) from and against any and all claims, demands, suits, and proceedings for loss, property damage (including damage to the equipment which is the subject matter of this Proposal), personal injury or death that are alleged to either have arisen out of or be connected with the sale, marketing, presence, use, misuse, maintenance, installation, removal, modernization, manufacture, design, operation or condition of the equipment that is the subject matter of this Proposal or the labor and materials furnished in connection with this Proposal. Purchaser’s duty to indemnify a TK Elevator party does not apply to the extent that the loss, property damage (including damage to the equipment which is the subject matter of this Proposal), personal injury or death is determined to be caused by or resulting from the negligence of that TK Elevator party. Purchaser recognizes that its obligation to defend the TK Elevator parties under this clause, which is separate and apart from its duty to indemnify the TK Elevator parties, includes payment of all attorneys’ fees, court costs, judgments, settlements, interest and any other expenses of litigation arising out of such claims, demands, suits or proceedings.
s. Purchaser further expressly agrees to name Tk Elevator Corporation and TK Elevator Manufacturing, Inc. along with their respective officers, agents, affiliates and subsidiaries as additional insureds in Purchaser’s liability and any excess (umbrella) liability insurance policy(ies). Such insurance must insure TK Elevator Corporation and TK Elevator Manufacturing, Inc. for those claims and/or losses referenced in the above paragraph and those claims and/or or losses arising from the negligence of TK Elevator Corporation and TK Elevator Manufacturing, Inc. Such insurance must specify that its coverage is primary and non-contributory. Purchaser hereby waives its right of subrogation.
t. TK Elevator's participation in any controlled insurance program is expressly conditioned upon review and approval of all controlled insurance program information and documentation prior to enrollment. Any insurance credits if applicable, will be provided at that time.
u. Unless so mutually agreed upon in a separate signed agreement, TK Elevator shall not be required to interact or correspond with any third party with whom Subcontractor is not in privity of contract concerning matters pertinent to this Agreement.
v. The Purchaser must inform TK Elevator if Purchaser is, or becomes, an individual or entity that is - or that is majority owned or controlled by a party that is - included on any list of restricted parties maintained by (i) the United States of America; (ii) the United Nations; (iii) the European Union or any EU member state; (iv) the UK; or (v) any other national authority binding the parties of this contract.
In case the Purchaser, or any other beneficiary of this transaction, e.g. the end-user, is or becomes an individual or entity that is - or that is majority owned or controlled by a party that is - included on any list of restricted parties, TK Elevator reserves the right to cancel this Proposal immediately.
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If the goods subject to this Proposal would be exported, re-exported, resold, used, transferred or otherwise disposed of in violation of any sanctions applicable to TK Elevator, TK Elevator also reserves the right to cancel this Proposal immediately. In this respect, the Purchaser shall be obliged to disclose the final delivery address, end-user and end-use of the goods upon request - insofar as legally permissible - and to notify TK Elevator of all circumstances that indicate an aforementioned infringement. "Sanctions" means here any economic, trade or financial sanctions, laws, regulations, embargoes or restrictive measures imposed, enacted, administered or enforced by any Sanctions Authority. "Sanctions Authority" means (i) the US;(ii) the UN Security Council;(iii) the EU and any EU member state;(iv) the UK; or(v) any governmental institutions of any of the foregoing which administer Sanctions, including HM Treasury, OFAC, the US State Department and the US Department of the Treasury.
10. Project Clarifications
a. This proposal is based on the elevator equipment room to be relocated from the roof to a new room located at the ground floor across from the hallway of the elevator opening. b. This project includes the removal of the existing elevator equipment on the roof. An allowance of $5,000 is included for the use of a crane to remove equipment. Any required deviation from the stated logistical plan will be submitted as a change order to the project agreement.
c. This proposal is based on Prevailing Wage.
d. Dismantlement of existing room is not included.
e. Purchaser is responsible for the following:
a. Architectural Drawings (if required)
b. Permitting for Electrical and General Construction Work. f. For elevator modernization projects, each elevator cab will be weighed (pressure reading) prior to the start of the modernization process of each individual unit. If the existing cabs are less or over 5% of the allowable weight and contracted capacity as noted on the original crosshead data tag and/or the elevators are out of balance, any additional scope of work to make code compliant will be determined on an elevator by elevator case basis and a change order for this work will proposed accordingly. In addition, TK Elevator will not be responsible for any building structural items due to elevator exceeding the 5% allowable weight nor the under-sizing of the equipment proposed using the crosshead data tag information. Should additional or higher-rated equipment be required due to a discrepancy in the actual vs. car top crosshead data tag, additional cost may apply and will be provided via change order.
g. All equipment provided as a part of this project shall be provided and installed in accordance with the applicable A17.1 requirements at the time of the bid/proposal. Retained equipment shall remain ‘as-is’ and not be reconditioned nor modified to meet A17.1, structural, or seismic requirements, unless specifically included or clarified elsewhere. If any work is required on retained equipment, a change order will be provided detailing additional required scope and pricing.
h. Related work scope (Work By Other / WBO) is included in this proposal : Update Electrical and General Contractor work . See Appendix #1 for Scope of work included. If any additional work required beyond this scope, a change order will be provided detailing additional required scope and pricing.
i. Drilling is included in this proposal : See Appendix #2 for Scope of work included. If any additional work required beyond this scope, a change order will be provided detailing additional required scope and pricing. j. Due to the hydraulic jack being replaced, the following “rock clause” applies:
TK Elevator will furnish the necessary labor and materials to replace the existing cylinder with an ASME A17.1 code compliant cylinder with a sealed cylinder protection liner. This work will include the following:
• An entirely new jack assembly, which consists of cylinder, plunger and jack head will be furnished.
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• Erect safety/sight barricades, lay protective floor covering around work areas. • Suspend and secure (two methods) the elevator in the uppermost portion of hoistway. • Remove the oil line, shutoff valve, pit channels and buffers from pit area. • Jackhammer removal of concrete surrounding jack head. • Remove existing cylinder from the ground and dispose of properly. • TK Elevator is sub-contracting to cleanout the elevator hole. See Appendix #1 for Cleanout contractor inclusion and exclusion.
• Remove all spoils and/or water resulting from the jack removal process. • Install protective, plastic casing that includes a means of monitoring for corrosive moisture. • Apply protective coating to new cylinder to aid in protection against corrosion. • Thread and weld cylinder sections together, allow cooling and protective wrap at joints. • Install new hydraulic cylinder with double bulkhead bottom made of steel pipe compliant with Elevator Safety Code ASME Code A17.1 and the same I.D. and O.D. size as existing cylinder with new jack head. • Backfill area between new PVC and hydraulic cylinder to stabilize jack assembly. • Replace concrete pit floor with appropriate insulation material. • Reinstall hydraulic piping, shutoff valve, pit channels and buffers. • Attach hydraulic plunger to the platen plate on underside of elevator and properly align. • Install new jack seal and gasket (new head provided with cylinder). • Provide new hydraulic fluid as needed to the elevator hydraulic system and test for normal operation. • Readjust valve, if required, to achieve proper operation. • Perform Full Load Safety Test in the presence of state approved Elevator Inspector. • Removal and disposal of old oil that was removed from the existing jack and feedlines. • Disassemble and remove materials, tools and supplies and provide general clean-up. • Return elevator to service.
Special Conditions:
1) The quoted price is based upon the existing jack hole being plumb and cased or jacketed to prevent hole collapse once the existing jack is removed. The existing jack hole must be clear of rock, water, concrete, debris or any other underground condition which hinders us from freely pulling the existing jack or installing the new jack or which alters the method required to complete the project. If we encounter such conditions, we will notify you immediately and upon execution of a change order, it is agreed that all additional work will be performed on a time and material basis, based on existing contractual billing rates, until the conditions which have caused the delay have been overcome.
2) Purchaser agrees to provide a safe, accessible storage area for placement of 10x D.O.T. 55 Gallon containers for the purpose of spoils containment. Any spoils or water testing by others or delays due to such testing are not included in this proposal. TK Elevator assumes no responsibility and/or liability in any way whatsoever for spoils or other contamination that may be present as a result of the cylinder breach and/or other conditions present on the work site.
3) For the purpose of providing this estimate, we assume no unusual conditions as outlined in Items #1-2 above.
If necessitated by unusual conditions, a proposal for additional labor and materials shall be submitted to Purchaser for approval prior to performance of additional work. TK Elevator shall not be responsible for delays due to such causes.
4) Purchaser will be notified immediately of any circumstances that will require more than the allotted time and materials provided in this proposal. Written authorization will be required for any labor or materials required beyond this original proposal amount.
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5) All labor estimates included herein are based upon work being performed during regular working days and hours of the trade (M-F, 6:00 a.m. to 2:30 p.m.). Work performed at other times will be in addition to the price indicated unless specified otherwise herein.
6) This proposal includes the Full Load Testing according to prevailing Codes at the time this proposal is accepted. If the load test discloses any deficiencies in the operation of the equipment tested, an additional proposal will be submitted for your approval for work needed to put the specific equipment in proper condition and in compliance with the above mentioned specifications. TK Elevator will exercise caution and care in performing this repair and tests, but will not be responsible for damage done to the building and/or equipment while performing this work.
7) Welding affecting the building fire protection system and construction noise may be required on this project.
This will be coordinated with Purchaser.
8) Purchaser agrees to furnish suitable parking area with standard truck access.
Shaft Re-drill:
• TK Elevator is sub-contracting to cleanout the elevator hole. See Appendix #1 for Cleanout contractor inclusion and exclusion. If re-drilling is required, we will notify you immediately and upon execution of a change order, it is agreed that all additional work will be performed on a time and material basis, based on existing contractual billing rates, until the conditions which have caused the delay have been overcome. • Labor and equipment to machine drill shafts of 22"diameter totaling 50 linear feet. • One mobilization/demobilization on/off site is assumed for a continuous and uninterrupted drilling operation. In the event of Purchaser ordered work suspension, Purchaser shall compensate for additional mobilization/demobilization to the project. Mobilization & Demobilization = $2,500.00 Specific Exclusions:
• Furnishing or splicing of reinforcement is excluded.
• Delay and obstruction drilling. If required, delay and obstruction drilling will be charged for on a time plus materials basis. Drilling required beyond two days estimate to be charged at $7,960.00 per day Additional material or rental equipment required for work will be invoiced at cost plus 20%. • Contract includes 10 barrels and disposal of contaminated soil. If any extra barrels are needed it will be calculated at $395.00 per 55-gallon barrel of contaminated waste material. • Installation and maintenance of conservation and environmental controls. • Restoration work, or any other work not specifically listed under inclusions of this proposal.
General Conditions:
• TK Elevator and its subcontractors assume no responsibility for damage to underground utilities. Purchaser to locate and remove or reroute underground utilities so as not to interfere with drilling operations. Delays resulting there from will be charged for at the normal daily full operating rate stated on page one of the attached proposal. • Provisions for electrical power, water supply, dewatering, sumps and/or drains shall be provided by Purchaser, and are expressly excluded.
• Purchaser to supply adequate water source to each shaft to support drilling operation. (Minimum 1 ½" pressurized line from hydrant).
• The attached proposal is based on drilling with standard earth augers in soil free of rock, water, caving, man- made obstructions, pressurized groundwater/ artesian well or other conditions that might impede the "normal" drilling process. If subsurface conditions require the use of rock augers, coring tools, drilling fluids, casing or other specialized tools, equipment, or procedures in order to construct the work as contemplated by the Purchaser, the utilization of these items will be charged for on a time plus materials basis, in addition to the rates stated above.
• The attached proposal is based on two mobilization to and from project (portal to portal) and continuous uninterrupted drilling operations, 8 hour day, 40 hour week, Saturdays, Sundays and Holidays excluded.
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• Should conditions be encountered during the performance of work which differ from those (a) specified by the contract documents or soils data provided to TK Elevator which are not a part of the contract documents, or (b) ordinarily encountered and generally recognized as inherent in work of the character provided in the contract, an equitable adjustment and time extension will be made to cover the resulting costs. • Laboratory analysis, field-testing and inspections, including overtime shall be provided and paid for by others.
Traffic control including but not limited to flagmen, barricades, barriers, street closure permits or permission to encroach to be provided and paid for by others.
• All required licenses, permits, bonds and inspections to be provided and paid for by others. • Notwithstanding demonstrable negligence, TK Elevator shall assume no responsibility for damage to existing improvements or structures above or below grade. Temporary shoring, permanent shoring and underpinning not specifically included in the attached proposal is expressly excluded. • Drilled shafts shall be inspected and accepted in writing by an authorized contractor/owner representative upon individual completion. Subsequent authorization for subsequent material or trade installations into drilled shafts will constitute final approval, and any corrective work that may later be determined shall performed at additional cost, unless agreed to otherwise by TK Elevator.
Miscellaneous
1. Anchor bolts, dowels, keyways or any formwork is excluded.
2. Any and all non-destructive or destructive testing shall be performed by others at no cost to TK Elevator.
3. Hand cleaning of shaft bottoms is excluded. Any work that requires down-hole shaft entry is excluded, and shall be performed by others if necessary or required.
4. An authorized Purchaser's representative shall endorse TK Elevators work tickets and field change orders daily. These tickets shall form the basis for invoices. No back charges shall be administered by Client or accepted by TK Elevator, without a 72 hour notice to cure defect first having been received by TK Elevator.
Any back charge must be signed for by an authorized representative of TK Elevator.
5. If through no fault of TK Elevator, we are unable to complete the work as described, we may terminate this agreement by written notice and shall be paid for the percentage of work completed including unrecoverable costs of materials.
6. All items not specifically included in the attached proposal are excluded. Any deviation from said proposal is to be approved by both parties. Said proposal is to become a part of any agreement issued to TK Elevator
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Appendix #1 – Related Scope of Work included
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Appendix #1 – Related Scope of Work included – Cont’d
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Appendix #2 – Drilling Scope of Work included
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Acceptance
Purchaser's acceptance of this Proposal and its approval by an authorized manager of TK Elevator will constitute exclusively and entirely the agreement between the parties for the goods and services herein described and full payment of the sum of Six Hundred Forty Two Thousand Eight Hundred Fifty Dollars ($642,850.00) inclusive of all applicable sales and use taxes.
All other prior representations or regarding this work, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this Proposal will be recognized unless made in writing and properly executed by both parties as a change order. Should Purchaser's acceptance be in the form of a purchase order or other similar document, the provisions of this Proposal will exclusively govern the relationship of the parties with respect to this transaction. No agent or employee shall have the authority to waive or modify any of the terms of this Proposal without the prior written approval of an authorized TK Elevator manager.
City Of Visalia
(Purchaser):
TK Elevator Corporation Management Approval
By: \s1 By: \s2
(Signature of Authorized Individual)
____________________________________________
(Print or Type Name)
____________________________________________
(Print or Type Title)
(Signature of Branch Representative)
Robert Preston
Branch Manager
\d1\ \d2\
(Date of Acceptance)
(Date of Execution)