HomeMy WebLinkAbout24-0214 KONE Inc. ,24-- 4y-
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February 14, 2024 Agenda
Bid Item: #4 - OMNIA/US Communities Cooperative, Spring Street
Parking Deck Elevator Modernizations ($586,380)
• Signature needed by City Manager and City Clerk.
• Return 1 copy to Hoke.
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this _14th day of_February
2024, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City")and KONE, INC.,a Delaware corporation,(hereinafter referred to as "Seller").
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto
hereby agree as follows:
1. PURCHASE. The Seller shall provide to the City the services and equipment for
the modernization of City's elevator equipment located at 200 E. Chicago Street, as described in the
Kone Modernization Proposal dated December 13, 2023, consisting of twenty-three (23) pages,
attached hereto and made a part hereof as Attachment A, and as provided by the OMNIA Joint
Purchasing Cooperative Contract #EV2516, attached hereto and made a part hereof as Attachment
B (the "OMNIA Agreement"). Seller shall complete all of the services to be provided pursuant to
this Agreement within eight(8)weeks from the date that work is first commenced.
2. TERMS. This Agreement shall be subject to the terms and conditions contained
herein and as provided by Attachment A, which is attached hereto and made a part hereof and the
OMNIA Agreement. In the event of any conflict between any of the terms and provisions this
Agreement and either Attachment A or the OMNIA Agreement, or any portion thereof, the terms
and provisions of this Agreement shall supersede and control. In the event of any conflict between
Attachment A and the OMNIA Agreement,Attachment A shall supersede and control.
3. LAW/VENUE. This Agreement is subject to and governed by the laws of the State
of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of
or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller
hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the
enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit
brought pursuant to this Agreement or the subject matter hereof; and Seller agrees that service by
first class U.S. mail to KONE Inc., 1080 Parkview Boulevard, Lombard, IL 60148 shall constitute
effective service. The Parties hereto waive any rights to a jury.
4. NO MODIFICATION. There shall be no modification of this Agreement, except
in a writing instrument executed by both Parties with the same formalities as the original
Agreement.
5. MERGER. This Agreement embodies the whole Agreement of the Parties. There
are no promises, terms, conditions or obligations other than those contained herein, and this
Agreement shall supersede all previous communications, representations or Agreements, either
verbal, written or implied between the Parties hereto.
6. INTEREST. Seller hereby waives any and all claims or rights to interest on money
claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to
which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the
Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois
Interest Act(815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive
any expiration,completion and/or termination of this Agreement.
7. SEVERABILITY. The terms of this Agreement shall be severable. In the event
any of the terms or the provisions of this Agreement are deemed to be void or otherwise
unenforceable for any reason,the remainder of this Agreement shall remain in full force and effect.
8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this
Agreement, it is expressly agreed and understood that in connection with the performance of this
Agreement, Seller shall comply with all applicable federal, state,city and other requirements of law,
including, but not limited to, any applicable requirements regarding prevailing wages, minimum
wage,workplace safety and legal status of employees.
9. COUNTERPARTS AND EXECUTION. This Agreement may be executed in
counterparts, each of which shall be an original and all of which shall constitute one and the same
Agreement. This Agreement may be executed electronically, and any signed copy of this
Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all
manners and respects as an original document. The signature of any party on a copy of this
Agreement transmitted by facsimile machine, email, or other electronic means shall be considered
for these purposes an original signature and shall have the same legal effect as an original signature.
10. PAYMENT. City shall pay the total sum of Five Hundred Eighty-Six Thousand
Three Hundred Eighty Dollars ($586,380) within thirty (30) days of Seller's completion of the
services to be provided pursuant to this Agreement or City's receipt of invoice, whichever is later.
The aforementioned total sum is inclusive of all freight and shipping costs. The City of Elgin is a
tax-exempt governmental entity.
11. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary
damages in excess of the purchase price contemplated by this Agreement. In no event shall City be
liable for any consequential, special or punitive damages, or any damages resulting from loss of
profit.
12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the
City upon delivery of the goods. All transportation and delivery shall be at Seller's sole expense.
13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and
shall indemnify, and hold harmless the City, its officers, employees, boards and commissions from
and against any and all claims, suits,judgments, costs, attorney's fees, damages or any and all other
relief or liability arising out of or resulting from or through or alleged to arise out of any acts or
negligent acts or omissions of Seller or Seller's officers, employees, agents or subcontractors in the
performance of this Agreement, including but not limited to, all goods delivered or services or work
performed hereunder. In the event of any action against the City, its officers, employees, agents,
boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action
shall be defended by legal counsel of the City's choosing.
14. WARRANTY. All applicable warranties, including but not limited to any and all
applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a
particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories,
components, and services to the benefit of the City.
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15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be
construed so as to create a joint venture, partnership, employment or other agency relationship
between the Parties hereto.
16. WAIVER. Any delay or failure to enforce any rights by either party arising out of
or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any
such rights.
17. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the
Seller arising out of this Agreement must be filed within one year of the date the alleged cause of
action arose or the same will be time-barred.
18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement.
19. PREVAILING WAGE. This Agreement calls for the construction of a "public
work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01, et seq., as
amended. The Prevailing Wage Act requires contractors and subcontractors to pay laborers,
workers, and mechanics performing services on public works projects no less than the current
"prevailing rate of wages" (hourly cash wages plus amount for fringe benefits) in the county where
the work is performed. The Illinois Department of Labor publishes the prevailing wage rates on its
website at http://labor.illinois.gov/. The Illinois Department of Labor revises the prevailing wage
rates and the contractor/subcontractor has an obligation to check the Illinois Department of Labor's
website for revisions to prevailing wage rates. For information regarding current prevailing wage
rates, please refer to the Illinois Department of Labor's website. All contractors and subcontractors
rendering services under this Agreement must comply with all requirements of the Prevailing Wage
Act, including but not limited to, all wage requirements and notice and record keeping duties.
20. NONDISCRIMINATION. The Seller will not discriminate against any employee
or applicant for employment because of race, color, religion, sex, national origin, age, ancestry,
order of protection status, familial status, marital status, physical or mental disability, military
status, sexual orientation, or unfavorable discharge from military service which would not interfere
with the efficient performance of the job in question. The Seller will take affirmative action to
comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any
subcontractor to submit to the City a written commitment to comply with those provisions. The
Seller will distribute copies of this commitment to all persons who participate in recruitment,
screening,referral and selection of job applicants,prospective job applicants, and subcontractors.
The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit
the Seller contractually and has been authorized to execute this Agreement on its behalf.
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IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above
written.
KONE, INC. CITY ELGIN
Jeff Blum
Print Name Richard G. Koza ,City.Mana
Attest:
Signa
Senior Vice President
Title ity lerk
Legal Dept\Agreement\Kone Inc Agr-Elevator Modernization-I2-22-23.docx
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ATTACHMENT A KONE Internal
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KONE MODERNIZATION PROPOSAL
Proposal: City of Elgin Spring St Garage MOD
Proposal Date: 12/13/2023
KONE Internal
12 0:01
12/13/2023
KONE Inc.
Elevators&Escalators
1080 Parkview Blvd
Lombard,IL,60148
Mobile+19166343528
Work(916)634-3528
jenna.radtke@kone.com
www.kone.us
We are pleased to enclose,for your review and consideration, KONE's proposal to modernize your equipment located at the
following address for the amount of$586.380(incl. use tax):
200 E Chicago St
Elgin, Illinois
• This proposal is based on 2024 installation.
• This proposal is valid for(30)days.
• Anticipated downtime:6 weeks per unit for modernization+1-2 weeks for inspection.
• Pricing in this proposal is based upon Omnia/US Communities agreed upon rates.
We look forward to hearing from you and working together on this project.
Yours sincerely,
Jenna Radtke
Senior Sales Consultant
Kone Inc
KONE Internal
MO:M
Table of Contents
1. Why KONE? 4
2. Ensuring your project success 5
Project Overview 5
Site Cornerstones 5
3. Your solution 6
Solution details 10
Elevator 42659664/Solution 1 10
Elevator 42659665 I Solution 1 14
4. Commercial Offer 18
Pricing 18
Additional Options for your Consideration 19
5. Services included 19
6. Tender Approval 21
Appendix 1: KONE 24/7 Connected Services
Appendix 2:Clarifications
Appendix 3: Bid Attachment"A"/KONE Inc.General Terms and Conditions(Modernization)
Appendix 4: Bid Attachment"B"/Site Requirements&Work by Other Trades
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1. Why KONE?
KONE in brief
KONE is a global leader in the elevator —I over over
and escalator industry.Our mission is to 150�( 1 .4m
make cities better places to live.
Our versatile product portfolio features a installation yearly units
wide range of innovative products worldwide maintained
including elevators,escalators,
autowalks,monitoring,access and founded in
destination control systems. 1910
60,000+ " 550,000
employees customers worldwide
More than IOU
years of
experience in
the elevator
industry
"World's Most Innovative
Companies"
awards by Forbes
Value for your project
KONE helps you to reduce operational costs, increase end-user satisfaction and value of your building by providing accessible
and safe equipment through a professional and trouble-free modernization project.
✓ Increased user satisfaction/minimal disturbance to end-users
✓ Improved eco-efficiency,reduced energy consumption
Improved safety according to latest standards
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KONE Internal
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ao
2. Ensuring your project success
Project Overview
KONE Responsibility •••CUSTOMER Responsibility
KONE and CUSTOMER
A
� d
Project kick- Fully executed Materials delivered to Installation and Project
off contract&down site and testing completion
payment modernization starts
•
1 1 T
Detailed site Submittals Manufacturing Work by others Third-party inspection
survey approved if arranged
required
(11) •
Site Cornerstones
By ensuring that these cornerstones are in place you can ensure that your modernization project stays on schedule and that
KONE technicians can perform their work quickly.safely.and with minimum disruption to building operations.
Site preparation requirements before materials arrive
• Loading and storage area of suitable size for materials,waste and waste storage,and tools
• Safe access route for new materials and materials being removed
• Access permissions and cards or other access devices for KONE technicians
Other works as agreed in the project plan, if not managed by KONE
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• Please refer to Appendix 4 Bid Attachment"B"/Site Requirements&Work by Other Trades
• KONE has included building related work in our pricing.
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3. Your solution
Equipment# 42659664/
Address 200 EAST CHICAGO ST,60120,ELGIN
Rated load 2500 lbs
Rated speed 125 fpm
Travel height 35 ft 0 in
Number of floors 4 floors/4 front openings/0 rear opening
Equipment# 42659665/
Address 200 EAST CHICAGO ST,60120,ELGIN
Rated load 2500 lbs
Rated speed 125 fpm
Travel height 35 ft 0 in
Number of floors 4 floors/4 front openings/0 rear opening
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KONE Internal
II 0 MO
Electrification
KONE HydroMod DX
KONE HydroMod DX is a modular modernization solution for elevator control and electrical It
systems. based on the latest in control technology. This replaces outdated technology such as
relays and older electronic systems. improving the levels of performance, reliability.safety and
energy efficiency of your elevator.The modular structure of KONE HydroMod DX is designed to
correctly interface with many types of existing elevator components. thus ensuring a swift. t i
trouble-free installation for the building users.
A new microprocessor-based control system shall be provided to perform the functions of safe
elevator motion. Included shall be all of the hardware required to connect,transfer and interrupt
power,and to protect the motor against overloading. Each controller cabinet containing memory
equipment shall be properly shielded from line pollution. The microcomputer system shall be
designed to accept reprogramming with minimum system down time.All high voltage(110V or
above)contact points inside the controller cabinet shall be protected from accidental contact in a
situation where the controller doors are open. The microprocessor-based control system shall
utilize on-board diagnostics for servicing.troubleshooting. and adjusting without requiring the use
of an outside service tool.
KONE 24/7 Emergency Video Communications
This proposal includes provisions for KONE 24/7 Emergency Video Communications,which
meets the intent of IBC 2018 and ASME A17.1 2019 code. In addition to the two-way audio
communication. it allows for text based two-way communication between the elevator cab and
the KONE Customer Care Center as well as means to visually verify if the cab is occupied when
an emergency call is placed. The following is included for the duration of the warranty
maintenance period:
-Hardware that enables audio and text-based two-way communication and video into the
elevator cab, including touchscreen mounted in the car operating panel, camera,and all related
wiring
-Wireless communication to KONE Customer Care Center is provided by KONE. No additional
data and voice network or phone line is required to be provided by others
-4-hour battery backup of both of in-car communication devices,wireless data, and voice
network
-24 hour-a-day.7-day-a-week monitoring of elevator by KONE Customer Care Center
Sufficient AT&T cellular connectivity in the control space and a dedicated 110V disconnect are
required to be provided by others to enable KONE 24/7 Emergency Video Communications. For
elevators with 60'(18m)of travel of more. a data connection next to the remote communication
panel and a windows-based computer(PC)capable of running the latest version of Google
Chrome internet browser is required to be provided by others.
The KONE 24/7 Emergency Video Communications contract addendum and General Terms and
Conditions for KONE Digital Services must be signed by the Building Owner. This contract
addendum requires the Building Owner to pay a fee for audio.video, and data connectivity. This
payment obligation, among other provisions,survives termination of any maintenance
agreement.
Fixtures
Custom Fixtures
New signalization shall be provided as required. (-It=
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KONE Internal
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Doors
Door Panel(s)
New car door panel(s)shall be provided where applicable.New door(s)shall be UL fire rated 1
1/2 hour.
KONE ReNova Door Operator
A KONE ReNova closed loop permanent magnet PWM high-performance door operator shall be
provided to open and close the car and hoistway doors simultaneously.Door movement shall be
cushioned at both limits of travel.An electric contact shall be provided on the car at each car
entrance to prevent the operation of the elevator unless the car door is closed.The door operator
shall be arranged so that,in case of interruption or failure of electric power,the doors can be
readily opened by hand from within the car,in accordance with applicable code.
Emergency devices and keys for opening doors from the landing shall be provided as required by
the local code. Doors shall open automatically when the car has arrived at or is leveling at the
respective landings.Door shall close after a predetermined time interval or immediately upon
pressing of a car button.A door open button shall be provided in the car.Momentary pressing of
this button shall reopen the doors and reset the time interval.Door hangers and tracks shall be
provided for each car door.Tracks shall be contoured to match the hanger sheaves.The
hangers shall be designed for power operation with provisions for vertical and lateral adjustment.
Hanger sheaves shall have polyurethane tires and pre-lubricated sealed-for-life bearings.
Curtain of Light
The elevator car shall be equipped with an electronic protective device extending the full height
of the car.When activated,this sensor shall prevent the doors from closing or cause them to stop
and reopen if they are in the process of closing.The doors shall remain open as long as the flow
of traffic continues and shall close shortly after the last person passes through the door opening.
Shaft equipment
Guide Shoes
New slide guide assemblies shall be provided.
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KONE Internal
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Hydraulic equipment
Field Pipe&Accessories
New field pipe and or accessories shall be provided as required.
Power Unit
i
A hydraulic power unit,especially designed and manufactured for this service,will be furnished.
The motor and pump will be submersed under the oil inside the tank in order to provide for sound
isolation.A muffler,designed to reduce pulsation and noise which may be present in the flow of
hydraulic oil,will be provided in the oil line at the top of the pump.
Control valves,including safety check valve,up direction valve with high pressure relief including
up leveling and soft stop features, lowering valve including down leveling and manual leveling
feature,will be mounted in a compact unit assembly.A valve,designed to shut off the flow of oil
between the cylinder and the Power Unit,will be provided in the oil line in the machine room.
Automatic two-way leveling will be provided to automatically stop and maintain the car
approximately level with the landing,regardless of change in load.
An up traveling car will automatically descend to the lower terminal landing if the hydraulic
system does not have a sufficient reservoir of oil.Power operated car and hoistway doors will
automatically open at the lowest terminal landing permitting passenger egress.The doors will
then automatically close and all control buttons,except the Door Open Button in the car
operating panel,will be made ineffective.
www.kone.us T-0006802038 9(23)
KONE Internal
Solution details
Elevators NORTH & SOUTH
Electrification
Product name KONE HydroMod DX
Elevator group size Simplex
Number of floors served 4 i4salemilierk.a
Code year 2019
Speed[FPM] 125 ' t
NEMA rating(HW) Hoistway rating is NEMA 1. CIF'
NEMA rating(MR) Machine room rating is NEMA 1.
Power supply voltage[v] 480
Type of power unit Submersible
Machine room duct KONE will remove all existing wiring,conduit and duct from the
machine room. New conduit and duct properly sized and
constructed for the job requirements will be installed(in accordance
with applicable codes).
New motor size(hp) 30
Motor Starts per Hour 80 Standard
Type of curtain of light This curtain of light is an electronic sensing device that operates
across the car entrance.When activated, the curtain of light will
prevent the doors from closing or cause them to stop and reopen if
they are in the process of closing.The doors will remain open as
long as the flow of traffic continues and will close shortly after the
last person passes through the door opening.A 3-D type will be
provided.
Qty of COPs 1
Traveling cable(s) Existing traveling cable(s)will be removed and replaced with new
traveling cable. In addition to our standard traveling cable,a second
traveling cable be provided for security and/or card reader
provisions
Battery backup Battery backup shall be provided. Battery backup allows
passengers to safely exit an elevator in the event of a power
outage.
Hoistway duct KONE will remove all existing wiring, conduit and duct from the
hoistway. New conduit and duct properly sized and constructed for
the job requirements will be installed(in accordance with applicable
codes).
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•
Product name KONE 24/7 Emergency Video Communications
Number of floors served 4
Qty of COPs 1
24/7 Emergency 24/7 Emergency Communications shall be provided.
Communications
Fixtures
Product name Custom Fixtures
Number of floors served 4
Capacity[LBS] 2500
Qty of COPs 1
Qty of new hall stations 4
Qty of new hall position 4
indicators
Qty of car direction 1
lanterns
Qty of hoistway access 2
switches
Doors
Product name Door Panel(s)
Number of floors served 4
Car panel finishing New car door panel(s)shall be provided where applicable. New
material door(s)shall be UL fire rated 1 %hour. Finish will be#4 stainless
•
steel.All hoistway doors will be retained as is for both elevators.
Door type Single speed side opening. l
.1
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KONE Internal
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Product name KONE ReNova Door Operator
Number of floors served 4
NEMA rating(HW) Hoistway rating is NEMA 1. 1 [
Door type Single speed side opening. R
Door package type KONE ReNova M6 door package includes a new door operator. • ri. . . tflk,
restrictive clutch. car door track. car gate switch,car hangers. car
door panel adapters,OEM interlocks and hoistway pick up rollers.
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N:
Product name Curtain of Light
Number of floors served 4
Code year 2019
NEMA rating(HW) Hoistway rating is NEMA 1.
Type of curtain of light This curtain of light is an electronic sensing device that operates
across the car entrance. When activated,the curtain of light will
prevent the doors from closing or cause them to stop and reopen if
they are in the process of closing.The doors will remain open as
long as the flow of traffic continues and will close shortly after the
last person passes through the door opening.A 3-D type will be
provided.
Q.'I
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VA
Shaft equipment
Product name Guide Shoes
Capacity[LBS) 2500
Speed[FPM) 125
Car guide shoes Yes
adapters
Car guide shoe type Elsco A(Roller)
New car guide shoes New slide guide shoes will be provided.
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KONE Internal
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Hydraulic equipment
Product name Field Pipe&Accessories
Capacity[LBS] 2500
Speed[FPM] 125
Field Pipe Length(in) 240
Field Pipe Size 2"
Isolation Coupling(Pair) Two(2)sound isolation couplings will be provided in the oil line between the power unit and the
hydraulic cylinder(s).Each coupling will consist of flanges separated by a neoprene seal to absorb
vibration.
Mainline Shutoff Valves Two manual safety valves will be supplied in the oil line at the jack unit(pit)and in the machine
room.
New field pipe All existing oil line piping(including the victaulic couplings)leading from the hydraulic cylinder(s)
to the Power Unit will be replaced.This work will include provision of the necessary victaulic
couplings. Schedule 40 pipe will be utilized.
Product name Power Unit
Capacity[LBS] 2500
Speed[FPM] 125
Type of power unit Submersible
New motor size(hp) 30
Motor Starts per Hour 80 Standard
Control Valve OEM Maxton
Field Pipe Length(in) 240
Field Pipe Size 2"
Jack location Inground—retaining existing jack
Jack type Single Stage
Load class Passenger
Qty Jacks per Car 1
Product name Cab Interiors
Finish KONE will provide and install new Stainless Steel side wall panels,standard LED ceiling/lighting
and new handrails.
Product name Sills
Hoistway Sills KONE will provide new aluminum hoistway sills at each landing on the South car only
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KONE Internal
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4. Commercial Offer
Project notes -KONE's bid is based on the scope shown herein.Our bid is based on mutually agreed
upon schedule,terms and conditions.
Sump pumps are not required per code,therefore,not included in our bid.
-All water intrusion from the lobby is the responsibility of the Owner,not KONE.
-KONE plans to use our standard mall forms as barricades. It is the Owners
responsibility if the mall forms get broken into by the homeless and are responsible for
any damages to the elevator/elevator equipment/KONE tooling
Handover date Mutually agreeable project schedule will be determined at time of proposal acceptance.
Current delivery lead time is 16-18 weeks from when order receipt,deposit and approval
of drawings have all been completed.The agreed delivery times for the project may need
to be extended because of delays caused by measures undertaken to stop the spreading
of the Coronavirus(2019-nCoV)epidemic,such as mandatory holiday extensions and
transportation restrictions imposed by authorities in China and other countries,and the
availability of personnel, logistics providers and supply chains,due to the epidemic.
Warranty/maintenance Our Proposal does not include any monthly maintenance,these elevators will roll directly
back onto the existing maintenance contract between KONE and City of Elgin.Our
Proposal includes KONE 24/7 Connected Services for the duration of 12 months.
Under no circumstances shall indicators or predictions from KONE 24/7 Connected
Services be cause for immediate services.They shall be addressed upon the next
scheduled maintenance visit,or otherwise at the sole discretion of KONE.The remote
monitoring devices are provided to the Customer as part of the Services.Customer gives
KONE the right to utilize 24/7 Connected Services to collect,export and use data
generated by the use and operation of the equipment.Customer has no ownership or
proprietary rights to such data, nor the device or software that monitors,analyzes,
translates, reports or compiles such data.KONE 24/7 Connected Services, including any
data collected,the device(s)to perform the service,and any software related thereto shall
be the exclusive property of KONE.KONE MAKES NO WARRANTY THAT SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE.KONE IS NOT LIABLE FOR ANY
DAMAGES RELATING TO LACK OF NETWORK COVERAGE AT THE SITE OF THE
EQUIPMENT, DUE TO TAMPERING WITH THE REMOTE MONITORING DEVICE,
INTEROPERABILITY,SERVICE DEFECTS,SERVICE LEVELS, DELAYS,SERVICE
ERRORS,INTERRUPTIONS OR ANY OTHER REASON OUTSIDE OF KONE'S
REASONABLE CONTROL. KONE DISCLAIMS ANY LIABILITY FOR DAMAGES OR
INJURIES(INCLUDING DEATH)ARISING FROM OR IN CONNECTION WITH THE
OPERATION OR USE OF THE SERVICES SET FORTH HEREIN.
The Product Warranty is specified in Bid Attachment A. Installation by KONE of any parts
covered under the Product Warranty on parts will only occur while KONE maintains an
active maintenance contract.The Product Warranty and Warranty Maintenance
commences on the date of acceptance set forth in the Uniform Final Acceptance Form.
For long-term reliability,a continuing maintenance agreement is necessary.This Proposal
is conditioned upon KONE receiving a ten(10)year KONE Extended Warranty
maintenance contract from ownership prior to the date of acceptance set forth in the
Uniform Final Acceptance Form.
Pricing
Shaft Electrificati Hydraulic
Equipment equipment Fixtures Doors on equipment Price($)
Elevator:Solution 1 • • • • • $293,190
Elevator:Solution 1 • • • • • $293,190
Total Sales Price,net including TAX $586,380
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KONE Internal
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Additional Options for your Consideration
Alternates Price excl.tax
Alternate 1:Sump Pump,not required per City of Elgin Code $TBD
Alternate 2: Hoistway Door Panels on the South Elevator—Factory Painted Finish or $12,000
Primed(any design on the door not by KONE)
Proposal pricing is based on the scope of work as defined herein.Any additional work required will be performed only upon
purchaser's approval of a mutually agreeable change proposal.Any other deficiencies revealed in the progress of the work will
be promptly reported to the purchaser with recommendations and cost for corrective action.
5. Services included
KONE 24/7 Connected Services
ich �'
KONE 24/7 Connected Services is a round-the-clock diagnostics service that gathers data on �!
your equipment's condition.We analyze this data and use it to make intelligent and proactive
decisions on how to solve any potential problems—even before they occur.KONE 24/7 ! J
Connected Services helps you to optimize the lifetime value of your assets from day one and
gives you peace of mind by keeping you fully informed about the condition of your equipment and
any maintenance activities we carry out.
KONE 24/7 Emergency Video Communications
KONE 24/7 Emergency Video Communications service,which includes a wireless phone line *
it
and monitoring by the KONE Customer Care Center,will be provided during this maintenance j
period. J
KONE Care-Emergency Phone Monitoring
Phone monitoring by the KONE Customer Care Center during the maintenance period.
114
KONE Care-Wireless Phone Provider Service
I
A wireless phone line will be provided during the maintenance period. * l
IJ
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6. Tender Approval
KONE Owner/Representative
Jenna Radtke CITY OF ELGIN ILLINOIS
1080 Parkview Blvd 150 Dexter Court
Lombard, IL,60148 Elgin,Illinois,60120
jenna.radtke@kone.com
Submitted by:
fAbfix..
Jenna Radtke
Senior Sales Consultant
12/13/2023
We accept the offer constituted by this proposal(total sales price of$586,380, incl. use tax)and agree to the conditions
contained therein.
Approved by Customer
Printed name:
Title:
Company name:
Date:
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112 0 MCI
Appendix 1 : KONE 24/7 Connected Services
KONE 24/7 Connected Services — improved safety, full transparency, and peace of mind
1 i '1 In addition to a quality modernization project,we would be excited to discuss KONE
lit
24/7 Connected Services with you and the continuing benefits KONE could bring to
your business. KONE is leading the industry with KONE 24/7 Connected Services
4- using the latest intelligent elevator technology allowing us to predict issues and take
1 action before a shutdown occurs. Predictive maintenance allows fewer shutdowns,
less call-outs,and improved up-time of equipment-all leading to a better user
41 3^ experience!
n .
.,, E). at,
++ Read more at
�•-"• ,' -i O i T.}i kone.us/connected
C Vn
www kone.us T-0006802038 17(23)
KONE Internal
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Appendix 2: Clarifications
1. Contract terms between KONE Inc.and Purchaser shall be based on our Proposal and Attachments"A"and"B".
2. All new elevator equipment provided shall meet applicable ASME A17.1 code requirements.Any provisions of codes
applicable to out-of-scope items shall be the Purchaser's responsibility.Cost of any future code changes adopted prior to
permitting and completion are excluded.
3. Existing cab and entrance dimensions,which may not meet current ADA or stretcher access rules,will be retained as is.
4. Our proposal includes inspections and testing as required by the AHJ.However,any re-testing required due to other trades'
failures to complete their work or tests in a timely manner will be billed at our regular billing rates.
5. The ASME code limits changes to the empty car weight+capacity of each elevator to 5%of the originally installed value. If
past or proposed changes result in a change to the weight or system pressure(for hydraulic)greater than 5%above the
original design values,the cost of any engineering and of any required modifications to the elevator system or structure
shall be extra to this proposal scope and pricing. If this situation is discovered during the engineering process,KONE will
notify purchaser and recommend an alternate design or other changes.
6. In order to provide best pricing,proposal excludes any extra demobilizations and remobilizations. If we must demobilize
from the jobsite for any reason outside our control,we shall be compensated at our regular billing rates.
7. Proposal pricing is based on the scope of work as defined herein.Any additional work required will be performed only upon
Purchaser's approval of a mutually agreeable change proposal.Any other deficiencies revealed in the progress of the work
will be promptly reported to purchaser with recommendations and cost for corrective action.
8. Asbestos: Notwithstanding anything contained to the contrary within this bid or contract, KONE's work shall not include any
abatement or disturbance of asbestos containing material(ACM)or presumed asbestos containing materials(PACM).Any
work in a regulated area as defined by Section 1910 or 1926 of the Federal OSHA regulations is excluded from KONE's
scope of work without an applicable change order to reflect the additional costs and time. In accordance with OSHA
requirements,the Customer shall inform KONE and its employees who will perform work activities in areas which contain
ACM and/or PACM of the presence and location of ACM and/or PACM in such areas which may be contacted during work
before entering the area.Other than as expressly disclosed in writing,Customer warrants that KONE's work area at all
times meets applicable OSHA permissible exposure limits(PELs). KONE shall have the right to discontinue its work in any
location where suspected ACM or PACM is encountered or disturbed.Any asbestos removal or abatement,or delays
caused by such,required in order for KONE to perform its work shall be the Customer's sole responsibility and expense.
After any removal or abatement,customer shall provide documentation that the asbestos has been abated from the KONE
work area and air clearance reports shall be made available upon request prior to the start of KONE's work.
9. Purchaser shall provide any security,escort or other building service support personnel required during demolition,
installation,testing,and inspections.
10. For hydraulic elevators,we can assume no responsibility for unusual conditions such as hole cave in and complete
hydraulic cylinder assembly embedded in concrete.The excavation of the hole to accommodate the new hydraulic cylinder
assembly is based on encountering soil free of oil,rocks,boulders,building construction members,sand,water,quicksand,
underground caves and/or any other obstructions or unusual conditions.Should such obstructions or unusual conditions be
encountered,additional time above or beyond the working days estimated to complete this project may be required.We
will proceed with this portion of the project on a time and material basis,based on our normal billing rates.
11. Proposed solution is subject to a complete engineering review by KONE engineering team to confirm feasibility of products
proposed.Additional charges may apply for work not included, but required to meet system requirements.Additional
charges for this work(if applicable)shall be mutually agreed upon.
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Appendix 3: Bid Attachment "A" / KONE Inc. General Terms and Conditions
(Modernization)
1.APPLICATION OF THESE TERMS 5.INSTALLATION
The parties agree to be bound by the terms and conditions contained Customer shall be responsible for procurement and cost of all permits
in the Bid Letter.this Bid Attachment A and Bid Attachment B, except permits related to installation of the Equipment.Where KONE's
including the documents incorporated herein by reference(collectively. scope of work or other responsibilities include the obligation to utilize
the'Proposal") materials and/or finishes resembling or identical to those pre-existing
in the building. KONE shall use reasonable efforts to procure such
2.SPECIAL PURCHASING REQUIREMENTS materials and Customer acknowledges and accepts that the materials
This Proposal is made without regard to compliance with any special and/or finishes reasonably available may not be in all respects
isourcing and/or manufacturing requirements including.but not limited dentica
to those pre existing in the building This Proposal is
to,Buy America, Buy American,U S.Steel.FAR clauses,minority/ conditioned upon KONE using its standard installation method.The
disadvantaged supplier requirements or similar federal and/or state installation of the Equipment shall start after Customer has completed
procurement laws.Should such requirements be applicable to this all work set forth in Bid Attachment B and any other documents
Project,KONE reserves the right to modify and/or withdraw its describing site requirements("Site Requirements'),all of which are
Proposal 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
3.PROPOSAL CONDITIONS complete and notify Customer if there are outstanding deficiencies
The Proposal shall be open for acceptance within the period stated in preventing KONE from beginning installation
the Bid Letter or.when no period is stated.for a period of 30 days from
the date of the Bid Letter Pnor to commencing manufacture of the KONE's site surveyincl limited
equipment described in the Bid Letter(Equipment'),KONE must have may include.but is not to.inspection of site
(I)a fully executed contract.(ii)a schedule acceptable to KONE access,working and safety conditions on site.wear and tear of any
identifying the Equipment installation start date.or alternatively, existing structures or surfaces,and planning of any dismantling or
KONE's letter specifying the ship date("Ship Date Letter)signed by removal of existing equipment components and materials.where
Customer.which as applicable.is incorporated by reference herein, applicable.KONE shall not be deemed to have surveyed any hidden
(iii)the first payment in Section 4 herein,and(iv)fully approved KONE structures,latent defects.subsurface conditions.or other non-visible
layouts 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
4.PAYMENT TERMS delay the start of installation and Customer shall be responsible for all
Payment of the total Price is due within 30 days from invoice date,as additional costs incurred by KONE,including without limitation,costs
follows: associated with,labor reallocation,re-directing materials to and
storage in a KONE Distribution Center,additional labor for double
• 30%of the Price for engineering, management and handling of materials,and additional trucking.freight and insurance
overhead,%ofth billable and due upon execution siteman of this .Proposal or Once the Site Requirements are completed.the start of installation
receipt f the sble antract shall be subject to the availability of labor and the delivery of material.
if applicable
• 50%of the Price for material and shipping billable and due
upon delivery of material to the)obsite or KONE Distribution
Center; KONE's work shall be performed during regular union working hours of
• 20%of the Price for Equipment installation.billable and due at regular working days.Monday to Friday.statutory holidays excluded If
overtime is mutually agreed upon and performed.the additional costs
the billing
cycle following the start of installation for such work shall be added to the Price at KONE's standard overtime
rates If the installation cannot be performed in an uninterrupted
KONE imposes a surcharge for payments made via credit card that is manner for any reason beyond KONE's control.Customer shall store
not greater than our cost of acceptance.The surcharge that we the Equipment at Customer's cost and compensate KONE for any
impose for this type of transaction is a percentage of the amount paid costs caused by such delay including,but not limited to,double
via credit card.which will be notified to the Customer at the payment handling of Equipment and demobilization KONE shall not be required
portal KONE reserves the right to delay.suspend.or stop the work, to perform overtime or any Customer directed change to its work
including manufacturing.delivery,installation and/or Equipment ("Extra Work')without an executed change order. No action by KONE,
turnover,for non-payment.without liability to KONE or being held in including but not limited to,performing Extra Work without an executed
default.Simple interest at 1.5%per month shall be charged on change order,shall be a waiver of KONE's right to seek payment for
amounts not paid when due.Payments to KONE are not contingent on Extra Work performed.
any third-party payments to Customer Customer shall reimburse
KONE for all costs of collection,including courts costs and reasonable KONE shall be entitled to an extension of time and an equitable
attorneys fees. adjustment in the Price,including but not limited to.any increased
costs of labor,including overtime.resulting from any change of
Prior to turnover.KONE must be paid in full.less 10%maximum schedule,re-direction of KONE personnel to another work area.
retention,the Price including all change orders Retention shall be due acceleration,or out of sequence work
and payable within 30 days of execution of the Uniform Final
Acceptance or Equipment turnover,whichever occurs first If certified KONE shall take reasonable methods to protect its work-in-place while
payroll reporting is required KONE will submit the requested reporting KONE is actively on site and until execution of a KONE Uniform Final
in the format of the U S Department of Labor form WH 347&WH 348 Acceptance.which is incorporated by reference herein Should
The Price does not include Textura or any other special billing damage occur to KONE property.material or work-in-place by fire,
requirements.which can be added via change order at a rate of 0.3% water.theft or vandalism,Customer shall compensate KONE for said
of the Price damages.
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Additionally,the Customer is solely responsible for ensuring that the In the event of such delays,KONE shall be entitled to an extension in
equipment maintenance contractor,if not KONE,does not disturb, time equal to the length of such delay affecting KONE and an
delay or interfere with KONE's work.KONE shall abide by Customer's equitable adjustment in the Price.Customer shall compensate KONE
safety policies and procedures to the extent such policies and for labor and material cost escalations resulting from Project delays not
procedures are not in conflict with KONE's Safety Policy.Testing caused by KONE,which extend completion of KONE's work beyond
and/or security features of Equipment must be completed before the end of the current calendar year.Customer is on notice that IUEC
Equipment turnover.KONE is not responsible for damages,either to labor rates increase annually.
Equipment or the building,or for any personal injury or death,arising
out of or resulting from any code required safety tests performed on 11.LIMITED WARRANTY
Equipment or hoistway access granted by Customer to other trades. For one(1)year after the acceptance date set forth in the signed
Uniform Final Acceptance,date of Equipment turnover,or date of
6.TEMPORARY USE Customer's use of Equipment(unless such use is pursuant to the
Temporary use of certain types of Equipment may be permitted, Temporary Use Agreement),whichever occurs first,KONE warrants
provided the use period allows adequate time for Equipment Equipment against defect in workmanship and material.The warranty
restoration for final turnover and Customer executes KONE's excludes remedy for damage or defect caused by abuse,misuse,
Temporary Use Agreement.Temporary use shall be invoiced vandalism,neglect;repairs,alteration or modifications not executed by
separately and subject to payment terms in Section 4 herein.At the KONE;improper or insufficient maintenance,improper operation,
end of temporary use,Customer shall return the Equipment to KONE characteristics of the building such as electrical power or security
in"like new"condition. features,natural or other catastrophe such as flood,fire,or storm,or
normal wear and tear and normal usage.The warranty excludes
7.HAZARDOUS MATERIALS training or instruction in the proper operation or maintenance of
KONE's work shall not include any abatement or disturbance of Equipment.Specific noise ratings and energy efficiencies cannot be
asbestos containing material("ACM"),presumed asbestos containing guaranteed due to different building characteristics and ambient noise
materials("PACM'),or other hazardous materials(i.e.lead,PCBs) levels.Customers remedy is limited to repair or replacement of a
(collectively"HazMat").KONE shall have the right to discontinue its defective part,in KONE's sole discretion,and excludes labor.
work in any location where suspected HazMat is encountered or
disturbed.Any HazMat removal or abatement,or delays caused by 12.INDEMNIFICATION
such,required in order for KONE to perform its work shall be KONE shall only indemnify and hold Customer harmless for claims,
Customers sole responsibility and expense.Should any HazMat damages,losses or expenses,but excluding loss of use("Claims")due
abatement occur within the shaft or machine room,Customer shall to bodily injury,including death,or tangible property damage(other
execute KONE's Hoistway or Pit Access Request.If any HazMat is than the Project or KONE's work itself)to the extent caused by
known to be present on site before the start of work,HazMat removal KONE's negligent acts or omissions.KONE shall not indemnify
or abatement shall be completed prior to KONE scheduling installation Customer for any other Claims.Customer agrees to indemnify and
and delivering material. hold KONE harmless from any Claim for bodily injury,including death,
or tangible property damage in connection with the use or operation of
8.TITLE AND RISK TO EQUIPMENT the Equipment.Each party shall defend itself in the event of a Claim.
Title to and ownership of all Equipment intended for incorporation in
KONE's work,whether installed or stored on or off site,shall remain 13.INTELLECTUAL PROPERTY
with KONE until final payment is made.Risk of loss in KONE's work KONE shall retain title and ownership of all intellectual property rights
and Equipment passes to Customer upon delivery to the site or off-site relating(directly or indirectly)to the Equipment provided by KONE,
storage. including but not limited to software or firmware(whether in the form of
source code,object code or other),drawings,technical documentation,
•
Any tools,devices,or other equipment that KONE uses to perform its or other technical information delivered under the Proposal.KONE
work or monitor the Equipment remains the sole property of KONE.If grants Customer a non-exclusive and non-transferable license and
this Proposal terminates or expires for any reason,Customer will give right to use the software and firmware in connection with the use and
KONE access to the premises to remove such tools,devices or maintenance of the Equipment.Customer shall not use any drawings,
equipment at KONE's expense. 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.
9.TURNOVER Customer shall not in any form copy,modify or reverse engineer the
Prior to turnover,KONE must receive a final punch list.Upon turnover, software,or give access to the software for such use to any third party
KONE requires a signed Uniform Final Acceptance.KONE shall without KONE's prior written consent.
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.
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14.INSURANCE 18.TERMINATION
In lieu of any Customer insurance requirements,KONE shall provide If a party materially breathes this Proposal,the other party shall
its standard certificate of insurance,which shall be deemed to satisfy provide written notice of the breath and a reasonable time to cure the
all insurance requirements for this Project.KONE shall not provide loss breath,but in no event less than 30 days.If the breaching party fails to
runs,insurance rate information,copies of its insurance policies or any cure the breach within the specified time period,the non-breathing
other information which KONE considers confidential.KONE shall not party may terminate the Proposal upon 15 days written notice to the
provide coverage for professional(E&O)liability,pollution liability,data other party.If KONE notifies Customer of a material breach pursuant
privacy/security,or no-fault medical payments.If the Project is covered to this paragraph,KONE may temporarily suspend its work without
by a Wrap Up Insurance Program,KONE agrees to participate liability.
provided there is no cost to KONE,no reduction in the Price,and
subject to KONE's review of the proposed program.If KONE's primary 19.GOVERNING LAW AND DISPUTE RESOLUTION
limits are sufficient to satisfy insurance coverage requirements, The parties agree that this Proposal shall be governed by the laws of
excess/umbrella liability will not be required or if excess/umbrella is the state where the Project is located,and venue for disputes shall be
required,KONE's excess coverage does not follow form although located in that state.KONE does not agree to participate in arbitration
typically provides broader coverage than KONE's primary policies.The proceedings.
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 20.PRICE ADJUSTMENT
request. KONE shall be entitled to an equitable adjustment in the Price,
including but not limited to,any increased costs between the time the
15.LIMITATION OF LIABILITY Contract is signed and the date of manufacture for materials,labor,or
In no event shall either party be liable to the other party for any shipping,as well as increased costs resulting from any change in law
or tariffs.
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) 21.24/7 EMERGENCY VIDEO COMMUNICATIONS
(collectively,"Consequential Damages")that arise out of or relate to Applicable only for projects where KONE 24/7 Emergency Video
this Proposal even if such party has been advised of the possibility of Communications is included:The KONE 24/7 Emergency Video
such Consequential Damages.The limitation set forth in this section Communications contract addendum and General Terms and
shall apply whether the claim is based on contract,tort or other theory. Conditions for KONE Digital Services must be signed by the Building
Owner.This contract addendum requires the Building Owner to pay a
18.CONCEALED OR UNKNOWN CONDITIONS fee for audio,video,and data connectivity.This payment obligation,
If during the course of its work,KONE encounters conditions at the site among other provisions,survives termination of any maintenance
that are subsurface,differ materially from what is represented in the agreement.
contract documents,or otherwise concealed physical conditions,
KONE shall be entitled to an extension of time and additional costs for 22.MISCELLANEOUS
the performance of its work,which shall not be subject to any payment This Proposal,including the documents incorporated herein by
conditions or contingencies. reference,constitutes the entire agreement of the parties and
supersedes all prior negotiations,understandings,and representations
TECHNICAL SURVEY whether written or oral in relation to the subject matter hereof.Where a
17.T Pricead SURVEY
obligations under this Proposal are subject to a conflict or ambiguity exists between this Proposal and any other
KONE's EC
contract document(including but not limited to,Customer's drawings
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 and specifications),Proposal
o po the termsbeand conditions inof wrthitsing
Proposal shall
violation is identified during KONE's technical survey,Customer shall control.This presn may ofboth amended.Thisy in writing Proposal the duly
immediately remove the unit from service until repairs are performed. exauthorized inone
morepresentative a Each
counterpart
may be
be
KONE is not obligated to perform tests,correct outstanding violations consider original
more andallofthecounterparts.counterparts
co shallart constituteil
or deficiencies that were not addressed by the prior service provider considered ae agreementn binding allthe the partiessallhad signed
ain a
and/or the owner,or make related necessary repairs or component single u .Forpurposes as if all a document a single
replacements on the unit.If additional work is necessary,KONE shall document.For of executing this Proposal,a
provide a separate proposal or recommendation for such work. signed by electronic means is to be treated as an original document.
Customer agrees to indemnify,defend,and hold KONE harmless for The failure of either of therty totinsist upon performance or strict
any claims arising out of Customer's failure to comply with KONE's performance waiverof any of a terms or or remedies of this such Proposalrtyshall not
recommendations and proposal,and any obligation on the part of be deemed a any srehus breach that party may
KONE to indemnify or defend Customer with regard to such claim shall haveo or a wNaiver ofp any subsequent or default underr this
be null and void.If Customer does not immediately approve KONE's Proposal.sal withoutar party may assign or etrnt of the the benefitr pay.burden of
proposal or recommendation,KONE reserves the right to terminate this Proposal prior written consent of other party.
this Proposal/contract without penalty.
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Appendix 4: Bid Attachment "B" / Site Requirements & Work by Other
Trades
The work described below is a summary of work to be performed 2.MACHINE ROOM
by others("Work by Other Trades")that may be required in
conjunction with the elevator modernization performed by KONE • A code-compliant machine room.Provide or maintain fire
(the`Work'). Purchaser shall provide any and all building rating as required by building code.
electrical,structural and mechanical system upgrades required for
code compliance.life safety.and proper equipment installation • Fire-rated door for access into the machine room Door
and operation.The Authorities Having Jurisdiction(AHJ)may shall be self-dosing and self-locking.operable from inside
require additional remedial or preparatory work.All required the room without the use of a key.
remedial or preparatory work shall be performed by properly • Independent ventilation or an air conditioning system for
licensed trade contractors in compliance with applicable codes the elevator machine room,to assure temperature is
and based on a schedule of performance that allows for maintained between 65 degrees and 95 degrees
uninterrupted progress of the Work. Under no circumstances shall Fahrenheit.
KONE be responsible for any cost associated with the • Fire extinguisher inside machine room.
performance of remedial work by others. Purchaser shall provide • Minimum clear machine room height of 7-0 ,
the following unless specifically included in KONE's Work: • Suitable lighting that provides a minimum of 19 ftc at floor.
• Removal of any non-elevator related equipment and
1.ELECTRICAL materials from within the machine room and proper
disposal of oil and other hazardous or non-hazardous
• A properly rated three phase fused disconnect switch, substances and materials.
externally operable and lockable in the open position,
located as required by code.Accommodate any increases 3.HOISTWAY
in motor size or feeder loads.
• A dedicated 110 VAC fused disconnect switch.externally • A code-compliant hoistway.constructed in accordance
operable and lockable in the open position adjacent to the with KONE's requirements and specifications. Provide or
machine room door for cab lighting and ventilation,located maintain fire rating as required by building code.
as required by code. • Patching of all holes in hoistway walls with fire rated
• Shunt-trip disconnect if fire sprinklers are present in material.
machine room or hoistway. • Beveling all ledges within hoistway measuring over 4".
• GFI 120 VAC convenience outlets in machine room and • Removal of any non-elevator related equipment and
pit. materials from within the hoistway and proper disposal of
• Separate outlet in the pit area if a sump pump is installed_ oil and other hazardous or non-hazardous substances and
• Telephone line service brought to the elevator machine materials.
room for emergency communication device. • A guarded light fixture and light switch in pit.Switch must
• Any required RF shielding of TV or radio transmitters, be located 42"above the lowest landing floor level.
antennae and/or wave-guides. • A means of displacing water located in the pit and
• Conduit with pull boxes from each elevator bank to any containing and disposing of oil,chemicals,and other
remote fire control or communication panels specified. substances in compliance with environmental laws and
• Provide a separate 15-amp. 115 VAC fused service with regulations(KONE assumes no responsibility for
ground(powered by building emergency power system, discharge of oil,chemicals,and other substances into
when available)for KONE 24/7 Emergency storm water systems.sanitary sewer systems.retention
Communications.when specified.Must include the means ponds.etc.).Elevator hoistway ventilation to the outside
to disconnect each service and lock-off in the"open" atmosphere as required by building code.
position(NFPA 70 article 620.22 and 620.53 or CEC
article 38.22 and 38.53). 4.FIRE SERVICE
If required by building code:standby/emergency power,sufficiently
sized to provide power of permanent characteristics to each • Fire alarm smoke detectors with wiring and relays in the
elevator's disconnect.simultaneously.upon loss of regular power, machine room terminating at elevator controller.
including feeders.transfer switches and auxiliary contact signal • Fire alarm initiating devices must be located in front of
outputs to elevator controllers. 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"of each
sprinkler head.
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5.ACCESS INTEGRATION/SECURITY 8.GENERAL
• Our proposal includes KONE logic and provisions for the • Access to the building to perform the Work and for
specified Touchscreen(s),Keypad Destination Operating deliveries with dry,protected storage adjacent to the
Panel(s),Monitoring System(s)and Multi-Media hoistway.
Equipment. • Cutting of existing walls,floors and finishes,together with
• Card Readers and/or any additional required hardware& all repairs made necessary by such cutting or changes,
software for proper functionality of access control/security e.g.cutting of lobby walls for flush hall fixtures and
system(s)shall be fumished and installed by others. removal of encroaching lobby features such as wall-
• Any required software to ensure proper communication mounted ashtrays.Removal,replacement,and/or repair of
between KONE control system(s)and building system(s) any mirrors,millwork,plaster,stone or other special hall
shall be the responsibility of others. finishes.
• A designated 115V 15A circuit is required at each of the • All work of other trades must be complete and ready at
remote monitoring stations. time of first elevator inspection,or elevator will not be
• KONE recommends a minimum 100 Mbit/s Ethemet for released for operation by the AHJ.If the AHJ does allow
each of the following application(s):Integrated temporary operation under a Temporary Operating
Touchscreen/Keypad Destination Operating Panels, Inspection(TOI),any associated costs shall be
Monitoring System,Multi-Media Equipment,and Card Purchaser's responsibility.
Readers. • Our tender is based on suitable site conditions,material
and tooling storage space,and bathroom access being
6.COUNTERWEIGHTING available on site.
• Safe working environment must be provided and
supported by provision for adequate entrance protection,
• Pricing is based upon the existing car to counterweight means of hoisting,hoistway dividing screens,and
weight ratio being consistent with elevator industry protection of floors walls and doors etc.
standards.This is defined as the counterweight weight • Emergency evacuation procedures to be clearly defined
being equal to the empty car weight plus 40%.The actual where required.Subject to site survey and actions agreed.
assemblies will be weighed during the modernization • Any portion of the Work that is subject to the permissions
process.If modifications are required to correct the of local authorities beyond the elevator permits must be
existing weight balance,these modifications will be identified to KONE.Responsibility for permits to be
provided at additional cost. agreed.Permits and appropriate signage indicating any
changes to pedestrian access routes for building users
7.RK1 FUSES AND CIRCUIT BREAKERS must be in place prior to start of the Work.
• Elevator installation methods requires the integrity of the
• Fuses are to be current limiting class RK1 or equivalent. existing Safety Gear and Overspeed protection devices,
Circuit breakers are to have current limiting characteristics to c are commencemente of subject towork.verificatione ao iasul work prior
equivalent to RK1 fuses.Provisions of these fuses are the requirede iv thes Any ed in work
responsibility of others,not KONE. td or alternative solution is not included in this
tender.
• If KONE 24/7 Emergency Video Communications:For
units with travel greater or equal to 60 ft(18 m),or if
located in a seismic zone and the code year is 2016 or
later(regardless the travel):Customer will provide a
dedicated Windows-based PC or laptop with Chrome
browser and 24-hour/day Internet access.This computer
must be accessible by emergency personnel to
communicate through voice and text with people in the
elevator and to have a video display of the cab interior.
www.kone.us T-0006802038 23(23)
ATTACIIMENT B
FACILITY REPAIR AND MAINTENANCE CONTRACT
EV2516 ELEVATOR AND ESCALATOR
MAINTENANCE AND REPAIR SERVICES
GENERAL SERVICES DEPARTMENT
THIS CONTRACT is between KANSAS CITY,MISSOURI,a constitutionally chartered municipal
corporation ("City"), and KONE, INC. ("Contractor"). City and Contractor agree as follows:
PART I
SPECIAL TERMS AND CONDITIONS
Sec. 1. Work To Be Performed.The Specification/Scope of Work and any addenda are attached
hereto and incorporated into this Contract.
Sec. 2. Term of Contract and Additional Periods
A. Initial Term. The initial term of this Contract shall begin on December 1, 2018 and shall
end on November 30, 2024 for a six(6) year term. The Manager of Procurement Services
is authorized to enter into an amendment of this Contract with CONTRACTOR to extend
the term of this Contract and time of performance for this Contract.
B. Renewal Terms. At any time prior to the expiration of the initial term or any subsequent
term, the CITY, in its sole discretion, may renew this Contract for up to five(5) additional
one(1) year terms.
C. Transition Term. Notwithstanding the expiration of the initial term or any subsequent
term or all options to renew, CONTRACTOR and CITY shall continue performance
under this Contract until the CITY has a new contract in place with either
CONTRACTOR or another provider or until the CITY terminates the Contract.
D. The products and services which are subject to this Contract may be covered by a separate
maintenance agreement (see Exhibit 4). The term of the maintenance agreement shall be
governed by that document and may extend beyond the expiration date of this Contract.
Sec.3. Purchase Orders
A. City shall order all services to be provided by Contractor under this Contract by means of a
Purchase Order issued by the City's Manager of Procurement Services for which funds
have been certified and encumbered by the City's Director of Finance.
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B. Contractor shall not provide any services in excess of the dollar amount contained in any
Purchase Order and Contractor shall not be entitled to any payment in excess of the dollar
amount of the Purchase Orders from City.
Sec. 4. Compensation.
A. The maximum amount that City shall pay Contractor under this Contract is set forth in
the Contract — Contractor's proposal shall provide all work at the prices contained in
Contractor's Proposal that is incorporated herein by reference.
B. Contractor will bill the City, in a form acceptable to the City, on the following basis:
C. It shall be a condition precedent to payment of any invoice from Contractor that
Contractor is in compliance with, and not in breach or default of, all terms, covenants
and conditions of this Contract. If damages are sustained by City as a result of breach or
default by Contractor, City may withhold payment(s)to Contractor for the purpose of set
off until such time as the exact amount of damages due City from Contractor may be
determined.
D. It shall be a condition precedent to payment of any invoice from Contractor that
Contractor is in compliance with, and not in breach or default of, all terms, covenants
and conditions of this Contract. If damages are sustained by City as a result of breach or
default by Contractor, City may withhold payment(s)to Contractor for the purpose of set
off until such time as the exact amount of damages due City from Contractor may be
determined.
E. No request for payment will be processed unless the request is in proper form, correctly
computed, and is approved as payable under the terms of this Contract.
Sec. 5.Notices. All notices required by this agreement shall be in writing sent to the following:
City:
General Services Department
Procurement Services Division
Cedric Rowan,Manager of Procurement Services
City Hall, 1St Floor,Room 102W
414 E. 12th Street
Kansas City,MO 64106
Phone:(816)-513-0814 Facsimile: (816)-513-1066
E-mail address: cedric.rowan@kcmo.org
Contractor: Kone, Inc.
Contact: Ashley Brauer, Senior Sales Consultant
Address: 2700 BiState Drive, Suite 100
Kansas City,MO 64108
Phone: (816)-531-2140(Ext. 10514) Facsimile:(816)-531-5523
E-mail address: ashley.brauer@,kone.com
All notices are effective a) when delivered in person, b) upon confirmation of receipt when
transmitted by facsimile transmission or by electronic mail, c) upon receipt after dispatch by
registered or certified mail, postage prepaid, d) on the next business day if transmitted by overnight
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courier(with confirmation of delivery), or e)three business days after the date of mailing,whichever
is earlier.
Sec. 6. Merger. This Contract consists of Part I, Special Terms and Conditions and any
Attachments and any documents incorporated by reference; and Part II, Standard Terms and
Conditions. This Contract, including any Attachments and incorporated documents, constitutes the
entire agreement between City and Contractor with respect to this subject matter.
Sec. 7. Conflict Between Contract Parts. In the event of any conflict or ambiguity between the
Special Contract Terms and Conditions of Part I and the Standard Terms and Conditions of Part II
of this Contract, Part I will be controlling. For any participating public agency,Exhibit 4 will be the
controlling document and prevail over Part I and Part II of this Contract.
Sec. S. Minority and Women's Business Enterprises. See Exhibit 1: City of Kansas City Special
Requirements
Sec. 9. Workforce. If Contractor is required to pay prevailing wages for the work performed
pursuant to this Contract, Contractor agrees to comply with all requirements of City's Construction
Employment Program as enacted in City's Code, Sections 3-501 through 3-525 and as hereinafter
amended. Contractor shall meet or exceed the construction employment goals unless the same shall
have been waived in the manner provided by law. Contractor's compliance with this provision is a
material part of this Contract.
Contractor shall comply with City's Workforce Program Reporting System requirements.
Contractor shall use City's Internet web based Workforce Program Reporting System provided by
City and protocols included in that software during the term of this Contract. Contractor shall
maintain user applications to City's provided system for all applicable personnel and shall require
subcontractors to maintain applications.
Sec. 10.Bonds and Surety. See Exhibit 1: City of Kansas City Special Requirements
Sec. 11. Subcontracting.
A. Contractor shall not employ or retain any Subcontractor, Supplier or other person or
organization, whether initially or as a substitute, against whom City has a reasonable
objection,including but not limited to debarment by City or another governmental entity
or decertification of the Subcontractor from the City's Minority and Women's Business
Enterprise Program as a result of the Subcontractor's failure to comply with any of the
requirements of the provisions of Chapter 3 of the City's Code as determined by the
Director of the Human Relations Department. Contractor shall insert this provision in
any subcontractor agreement associated with this Contract. Contractor shall not be
required to employ any Subcontractor, Supplier or other person or organization to
furnish or perform any of the Work against whom Contractor has reasonable objection.
B. Contractor shall submit required information for all Subcontractors on Form 01290.09-
Subcontractors and Major Material Suppliers List, provided in these Contract
Documents,prior to Subcontractor beginning Work at the Site.
C. Contractor shall be fully responsible to City for all acts and omissions of the
Subcontractors, Suppliers and other persons and organizations performing or furnishing
any of the Work under a direct or indirect contract with Contractor just as Contractor is
responsible for Contractor's own acts and omissions.
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D. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and organizations performing or furnishing
any of the Work under a direct or indirect contract with Contractor.
Sec. 12. Prevailing Wage.
A. Prevailing Wage.
1. Contractor shall comply and require its Subcontractors to comply with;
a. Sections 290.210 to 290.340, RSMo the State of Missouri Prevailing Wage Law
(the"Law"); and
b. 8 CSR 30-3.010 to 8 CSR 30-3.060, the Prevailing Wage Law Rules (the
"Rules"); and
c. the Annual Wage Order (Wage Order) issued by the State of Missouri's
Department of Labor and Industrial Relations;and
d. any applicable Annual Incremental Wage Increase (Wage Increase) to the
Annual Wage Order.
2. The Law, Rules, Wage Order and any Wage Increase are incorporated into and made
part hereof this Contract and shall be collectively referred to in this Section as the
"Prevailing Wage Requirements." In the event this Contract is renewed for an
additional term, the Wage Order in effect as of the commencement date of the
additional term, as amended by any applicable Wage Increase, shall be deemed
incorporated herein and shall apply to and remain in effect for the duration of the
additional term. The new Wage Order and any applicable Wage Increase shall
govern notwithstanding the fact that the Wage Order being replaced might be
physically attached to this Contract.
3. Contractor shall pay and require its Subcontractors to pay to all workers performing
work under this Contract not less than the prevailing hourly rate of wages for the
class or type of work performed by the worker in accordance with the Law, Rules,
Wage Order and any applicable Wage Increase. Contractor shall take whatever steps
are necessary to insure that the prevailing hourly wage rates are paid and that all
workers for Contractor and each of its Subcontractors are paid for the class or type of
work performed by the worker in accordance with the Prevailing Wage
Requirements.
4. Prior to each of its Subcontractors beginning Work on the Site, Contractor shall
require each Subcontractor to complete City's Form 00490 entitled "Pre-contract
Certification" that sets forth the Subcontractor's prevailing wage and tax compliance
history for the two (2) years prior to the bid. Contractor shall retain one(1) year and
make the Pre-contract Certifications available to City within five (5) days after
written request.
5. Contractor shall keep and require each of its Subcontractors engaged in the
construction of public works in performance of the Contract to keep full and accurate
records on City's:
a. Keep and require each of its Subcontractors engaged in the construction of public
works in performance of the Contract to keep full and accurate records on City's
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"Daily Labor Force Report" Form indicating the worker's name, occupational
title or classification group and skill and the workers' hours. City shall furnish
blank copies of the Daily Labor Force Report Form to Contractor for its use and
for distribution to Subcontractors. Contractor shall submit its and its
Subcontractors Daily Labor Force Reports to City each day;and
b. Submit, and require each of its Subcontractors engaged in the construction of
public works in performance of the Contract to submit, electronically, in a format
prescribed by the City, Certified Payroll Report Information indicating the
worker's name, address, social security number, occupation(s), craft(s) of every
worker employed in connection with the public work together with the number of
hours worked by each worker and the actual wages paid in connection with the
Project and other pertinent information as requested by the City;and
c. Submit, and require each of its Subcontractors engaged in the construction of
public works in performance of the Contract to submit, electronically, in format
prescribed by the City, a Payroll Certification. The Payroll Certification must be
signed by the employee or agent who pays or supervises the payment of the
workers employed under the Contract for the Contractor and each Subcontractor.
d. The Daily Labor Force Report, documents used to compile information for the
Certified Payroll Report, and Payroll Certification are collectively referred to in
this Section as the"Records."
6. Contractor shall make all of Contractor's and Subcontractors' Records open to
inspection by any authorized representatives of City and the Missouri Department of
Labor and Industrial Relations at any reasonable time and as often as they may be
necessary and such Records shall not be destroyed or removed from the State of
Missouri for a period of one(1) year following the completion of the public work in
connection with which the Records are made. Contractor shall have its and its
Subcontractors Certified Payroll Reports and Payroll Certifications available at the
Contractor's office and shall provide the Records to the City electronically at City's
sole discretion. In addition, all Records shall be considered a public record and
Contractor shall provide the Records to the City in the format required by the City
within three (3) working days of any request by City at the Contractor's cost. City,
in its sole discretion, may require Contractor to send any of the Records directly to
the person who requested the Record at Contractor's expense.
7. Contractor shall post and keep posted a clearly legible statement of all prevailing
hourly wage rates to be paid to all workers employed by Contractor and each of its
Subcontractors in the performance of this Contract in a prominent and easily
accessible place at the Site of the Work by all workers.
8. If the Contract Price exceeds $250,000.00, Contractor shall and shall require each
Subcontractor engaged in any construction of public works to have its name,
acceptable abbreviation or recognizable logo and the name of the city and state of the
mailing address of the principal office of the company, on each motor vehicle and
motorized self-propelled piece of equipment which is used in connection with the
Project during the time the Contractor or Subcontractor is engaged on the project.
The sign shall be legible from a distance of twenty (20') feet, but the size of the
lettering need not be larger than two (2") inches. In cases where equipment is leased
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or where affixing a legible sign to the equipment is impractical, the Contractor may
place a temporary stationary sign, with the information required pursuant to this
section, at the main entrance of the Project in place of affixing the required
information on the equipment so long as such sign is not in violation of any state or
federal statute, rule or regulation. Motor vehicles which are required to have similar
information affixed thereto pursuant to requirements of a regulatory agency of the
state or federal government are exempt from the provisions of this subsection.
9. Contractor must correct any errors in Contractor's or any Subcontractors' Records,
or Contractor's or any Subcontractors' violations of the Law, Rules, Annual Wage
Order and any Wage Increase within fourteen (14) calendar days after notice from
City.
10. Contractor shall and shall require its Subcontractors to cooperate with the City and
the Department of Labor and Industrial Relations in the enforcement of this Section,
the Law, Rules, Annual Wage Order and any Wage Increase. Contractor shall and
shall require its Subcontractors to permit City and the Department of Labor and
Industrial Relations to interview any and all workers during working hours on the
Project at Contractor's sole cost and expense.
11. Contractor shall file with City, upon completion of the Project and prior to final
payment therefore, affidavits from Contractor and each of its Subcontractors, stating
that each has fully complied with the provisions and requirements of the Missouri
Prevailing Wage Law. City shall not make final payment until the affidavits, in
proper form and order, from Contractor and each of its Subcontractors, are filed by
Contractor.
12. Contractor shall forfeit as a statutory penalty to the City one hundred dollars
(S 100.00) for each worker employed, for each calendar day, or portion thereof, such
worker is paid less than the prevailing hourly rates for any work done under this
Contract, by Contractor or by any of Contractor's Subcontractors. If Contractor or
any of its Subcontractors have violated any section(s) of 290.210 to 290.340, RSMo,
in the course of the execution of the Contract, City shall when making payments to
the Contractor becoming due under this Contract, withhold and retain therefrom all
sums and amounts due and owing as a result of any violation of sections 290.210 to
290.340,RSMo.
B. Prevailing Wage Damages. Contractor acknowledges and agrees that, based on the
experience of City, violations of the Missouri Prevailing Wage Act, whether by
Contractor or its Subcontractors, commonly result in additional costs to City. Contractor
agrees that additional costs to City for any particular violation are difficult to establish
and include but are not limited to: costs of construction delays, additional work for City,
additional interest expenses, investigations, and the cost of establishing and maintaining
a special division working under the City Manager to monitor prevailing wage
compliance.
1. In the event of the failure by Contractor or any of its Subcontractors to pay wages as
provided in the Missouri Prevailing Wage Act, City shall be entitled to deduct from
the Contract Price, and shall retain as liquidated damages, one hundred dollars
(S 100.00) per day, per worker who is paid less than the prevailing hourly rate of
wages, to approximate the additional costs. The sum shall be deducted, paid or owed
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whether or not the Contact Times have expired.
2. City shall give written notice to Contractor setting forth the workers who have been
underpaid, the amount of the statutory penalty and the amount of the liquidated
damages as provided for in this Subparagraph. Contractor shall have fourteen (14)
calendar days to respond, which time may be extended by City upon written request.
If Contractor fails to respond within the specified time, the City's original notice
shall be deemed final. If Contractor responds to City's notice, City will furnish
Contractor a final decision in writing within five (5) days of completing any
investigation.
C. Excessive Unemployment.
1. Resident Laborers" means laborers who have been residents of the State of Missouri
for at least thirty days and who intend to remain Missouri residents, and residents of
Nonrestrictive States.
2. "Nonrestrictive States" means states identified by the Missouri Department of Labor
and Industrial Relations Division of Labor Standards that have not enacted state laws
restricting Missouri laborers from working on public works projects. A list of
Nonrestrictive States can be found on the Division web site
at http://www.dolir.mo.gov/ls/index.htm.
3. A period of Excessive Unemployment is declared when the Missouri Department of
Labor and Industrial Relations Division of Labor Standards provides notice of such
declaration. When in effect, notice will be provided on the Division web site
at http://www.dolir.mo.gov/ls/index.htm. It is Contractor's obligation to determine
whether a period of Excessive Unemployment is in effect when this Contract is let.
4. Contractor agrees to follow the provisions of Section 290.560 - 290.575 RSMo and
agrees that if a period of Excessive Unemployment has been declared at any point
during the term of this Contract, it will employ and require all Subcontractors of
whatever tier to employ only Resident Laborers for the Work to be performed under
this Contract. Provided, however, Contractor may use laborers who are not Resident
Laborers when Resident Laborers are not available or are incapable of performing
the particular type of work involved if Contractor so certifies in writing to City and
City issues a written approval. This provision does not apply to regularly employed
nonresident executive, supervisory or technical employees.
Sec. 13. Attachments to Part I. The following documents are Attachments to Part I of this
Contract and are attached hereto and incorporated herein by this reference:
Attachment A—RFP EV2516
Attachment B—Proposer Response dated June 8, 2018
Attachment C - Clarification Questions and Answers
Attachment D - Scope of Services revised per Clarification Questions
Attachment E - Facility Repair and Maintenance Contract Part II
i. Exhibit 1: City of Kansas City Special Requirements
ii. Exhibit 2: City of Kansas City Pricing Schedule
iii. Exhibit 3: National Pricing Schedule
iv. Exhibit 4: Participating Public Agency Service Level Agreement
Attachment F—00620 Insurance Certificate
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THE BELOW FORMS ARE SPECIFIC TO THE CITY OF KANSAS CITY,MO
Attachment G— HRD Forms & Instructions
00440 HRD 5: Construction Contract HRD Instructions
00450 HRD 8: Contractor Utilization Plan/Request for Waiver
00450.01 Letter of Intent to Subcontract
00460 HRD 10: Timetable for MBE/WBE Utilization
00470 HRD 11: Request for Modification or Substitution
00485 HRD Monthly Reporting Forms
Attachment H -Bonds
00610 Performance and Maintenance Bond
00615 Payment Bond
Attachment I—00830 Wage Rate Requirements
Annual Wage Order#25
County—Cass, Clay, Jackson, Platte or Ray
Work Type: State—Heavy
State—Building
Division of Labor Standards Rules &Regulations
01290.08 Wage Rate Verification Questionnaire
01290.09 Subcontractors and Major Material Suppliers List
01290.11 Daily Labor Force Report
01290.14 Contractor Affidavit for Final Payment
01290.15 Subcontractor Affidavit for Final Payment
Attachment J—00560 Missouri Project Exemption Certificate
00560.01 Kansas City Missouri Tax Exempt Certificate
Attachment K—00630 Revenue Clearance Release Authorization
Attachment L—00515.01 Employee Eligibility Verification Affidavit
Sec. 14. Missouri Sales Tax Exemption. Pursuant to Section 144.062, RSMo, City is a
Missouri exempt entity and tangible personal property to be incorporated or consumed in the
construction of this Project may be purchased without sales tax. City shall furnish Contractor a
Missouri Project Exemption Certificate for Sales Tax at the time of issuance of the Notice to
Proceed.
Sec. 15. Emergencies.
(a) Disaster means any large scale event such as an act of terrorism, fire, wind, flood,
earthquake or other natural or man-made calamity which results in, or has the potential
to result in a significant loss of life or property.
(b) During and after a disaster, CONTRACTOR shall provide special services to the CITY
including CONTRACTOR shall open CONTRACTOR's facilities even on nights and
weekends as necessary to meet the needs of the City during a disaster.
(c) CONTRACTOR shall not charge CITY any fee for opening facilities during an
emergence or for extending CONTRACTOR's hours of operation during a disaster.
CITY shall pay CONTRACTOR the agreed upon contract prices for all purchases
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made by CITY during the disaster and CONTRACTOR shall not charge CITY any
additional mark-up, fee or cost for any purchases made by CITY during a disaster.
(d) CONTRACTOR shall quickly mobilize CONTRACTOR's internal and external
resources to assist CITY when a disaster unfolds.
(e) Extended hours and personnel. During disasters, CONTRACTOR's facilities shall stay
open 24 hours if requested by the CITY. CONTRACTOR shall utilize additional
CONTRACTOR personnel to take CITY orders if necessary. CONTRACTOR's Call
Center shall accept phone orders 24 hours a day.
(f) CONTRACTOR shall have contingency plans with CONTRACTOR's suppliers to
provide additional supplies and equipment quickly to CITY as needed.
(g) CONTRACTOR shall cooperate with CITY to properly document any and all expenses
incurred by CITY with CONTRACTOR and CONTRACTOR shall assist CITY in
meeting any and all documentation requirements of the Federal Emergency
Management Agency(FEMA).
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THIS CONTRACT CONTAINS INDEMNIFICATION PROVISIONS
CONTRACTOR
I hereby certify that I have authority to execute
this document on behalf Contractor
Date: By:
I\MV I44 aoix
Title: —111-1
SeriOr' ( ' t
Date: KA.'�ISps CITY, SSOURI
/ 1
I
Title: Manager of Procurement Services
Approved as rm,/
it
y ttorney
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