HomeMy WebLinkAbout175-02 RESOLUTION1
RESOLUTION NO. 175-02
A RESOLUTION AWARDING BID #02-66 TO THYSSENKRUPP
ELEVATOR COMPANY IN THE AMOUNT OF TWENTY-FOUR
THOUSAND NINE HUNDRED NINETY-SIX DOLLARS
($24,996.00) FOR THE REPAIR OF THE FREIGHT ELEVATOR AT
THE FAYETTEVILLE POLICE DEPARTMENT HEADQUARTERS;
AND APPROVING A FIVE PERCENT (5%) PROJECT
CONTINGENCY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby awards Bid #02-66 to ThyssenKrupp Elevator Company in the amount of
Twenty -Four Thousand Nine Hundred Ninety -Six Dollars ($24,996.00) for the
repair of the freight elevator at the Fayetteville Police Department headquarters.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a five percent (5%) project contingency.
PASSED and APPROVED this 19th day of November 2002.
APPROVED:
By11 _ /if/.id
DAN COODY, May/
BY:� e'��//U�e l
EATHER WOODRUFF/ " Clerk
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
Resolution No.175-02
Document
1
11/19/02
Resolution # 175-02
2
10/30/02
Staff review form
3
10/25/02
ThyssenKrupp Elevator repair order
4
12/06/02
Memo from Heather Woodruff, City Clerk to Coy Hurd,
Building Services
NOTES:
STAFF REVIEW FORM
XX AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of November 19 , 2002
1
FROM:
Coy Hurd
Name
Building Services General Services
Division Department
ACTION REQUIRED:
Accept the bid (and a 5% contingency) for the repair of the freht elevator in the Fayetteville Police Building.
-k -ac Xt
COST TO CITY:
$26,246 192920 Police Building Improvements
Cost of this Request
4470 9470 5400.00
Account Number
$15,586
Cetegory/Prgea Budget Category/Project Name
Funds Used to Date Program Name
02047.1 $177,334 Sales Tax Capital
Project Number
Remaining Balance Fund
BUDGET REVIEW:
XX Budgeted Item
Budget Adjustment Attached
udget Ma Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
/o/aP/o
Accoun Manag r Date
GRANTING AGENCY:
rite-
/40(aglo a -
Internal Auditor Date
/o/2i /6 Z_
City Atluney Date ADA Coordinator Date
111►4)ba—
Purthasing Officer Date
STAFF RECOMMENDATION:
Department Director
AdrMnistratNe Services Director
0-(1—>c( 0 -2 --
Date
Date
Lo°Y
Date
Cross Reference
New Item: Yes No
Pres Ord/Res #t
Orig Contract Date:
Orig Contract Number.
Description:
s •
STAFF REVIEW FORM
Page 2
Comments Reference Comments.
Budget Coordinator.
Accounting Manager:
City Attorney:
Purchasing Officer:
ADA Coordinator:
Internal Auditor:
FAYETTEVIPLE
THE CITY OF FAYETTEVILLE, ARKANSAS
•
MEMORANDUM
TO: Mayor Dan Coody, Members f Fayetteville City Council
FROM: Coy Hurd, Project Manager (—
THRU: Gary Dumas, General Services Director
RE: Bid for the repair of the freight elevator in the
Fayetteville Police Department Building
DATE. October 28, 2002
On October 25, 2002, a bid was conducted regarding the needed repair of the
freight elevator in the Fayetteville Police Building at 100 West Rock Street.
Two companies submitted a bid on that date. The bid submitted by the Otis Elevator
Company was $28,655. The low bid was submitted by the ThyssenKrupp Elevator
Company. Their bid was $24,996. This bid price was inclusive of all costs related to the
stated scope of work, including all taxes, fees and permits. The bid of $24,996 was
within the expected range of the cost of this work. We should include a five percent
contingency amount to address any possible changes or additions ($24,996 X .05 =
$1,250; $24,996 + $1,250 = $26,246).
It is my recommendation that ThyssenKrupp's bid be accepted, and, that a Notice
to Proceed be issued to that company to accomplish this work. I remain available to
answer any questions or concerns on this matter.
113 WEST MOUNTAIN 72701 501 521.7700
FAX 501 575-8257
INVITATION
TO
BID
BID #
02-66
1
DATE ISSUED:
Oct.
9, 2002
1 DATE AND
1
TIME
Oct.
OF
OPENING:
25th,
2002,
at 2:00 p.m.
BUYER:
1 DATE REQUIRED.
City of Fayetteville,
AR
1 30
days
ARO
F. O. B.
1 BUYER'S
PHONE
#
GUARANTEED
DELIVERY DATE:
Fayetteville, AR
1 (501)
575
8289
ITEM
#
DESCRIPTION
QUANTITY
TOTAL TURNKEY
BID
Per attached
of
specifications:
All
Materials,
Labor,
1
(#-Z..4; 996.
00
`1Furnishing
and Related
Items
for
the:
/1
Elevator Rebulld/Repair
TOTAL TURNKEY
BID:
t24 qQ6
no
Schedule:
Delivery
of
Jack Casing
from
factory
after excuted
contract,
2-3
weeks.
Installation
of equipment
after
delivery
of equipment
to
jobsite,
2
1/2 to 3 weeks.
5%
bid bond
to be
submitted
with bid
100%
performance
bond
required
with
successful
contract.
Terms
& Conditions
items
17 through
21
apply.
1. Orginal
certificate
of insurance
is
submitted
after award
of
contract.
(specimen
enclosed)
2. See attached
proposal
which
Lncludes,
specifications,
completion
6chedule
and
jack
information
as
requested
Note:
See
special
conditions
item
Ill
on Repair
Order dated
10/25/02
for hole
clause.
3. Jack warranty
form
attached.
Contractor%
License
No#
Subcontractor
ThyssenKrupp Elevator
Co.
0022880103
RESTRICTIONS
OR
EXCEPTIONS
TO
THE BID
MUST
BE
NOTED:
1
1
EXECUTION
OF
BID
Upon signing this
Bid, the bidder
certifies
that
they have
read
and
agree
to
the
requirements set
forth in this
bid proposal,
including specifications,
terms
and standard
conditions and pertinent
information
regarding
the articles
being
bid on,
and
agree to
fumish
these articles
at
the
prices
stated.
UNSIGNED
NAME
OF FIRM:
PHONE:
FED ID#
BIDS
ThyssenKrupp
Elevator
Co.
(501)751-0222
62-1211267
WILL BE
BUSINESS
ADDRESS:
CITY
AND
STATE:
ZIP.
REJECTED
5 77 S 108th
. Ave.
Tulsa
OK
74146
A
HCRIZ1
gLik
•
'
E:
TITLE:
DATE:
r
1
r
Branch
Manager
10/25/02
Richard
P. Ste
eer
_ _
•
•
•
SPECIFICATIONS FOR THE REPAIR OF THE FREIGHT ELEVATOR IN THE
POLICE BUILDING (CITY OF FAYETTEVILLE)
The City of Fayetteville Police Department is requesting bids, with the following
specifications, for the repair and restoration of the existing freight elevator in the Police
Department Building. The return bid documents should contain, at minimum:
specifications on equipment to be installed (along with information on equipment's
manufacturer), warranty information, a copy of current liability insurance ($1,000,000
minimum), and, any other pertinent information for the repair and restoration of the unit.
Bid price should account for all labor and materials (with any applicable taxes), and any
fees needed to perform and warranty (for a period of one year) the following work:
• Disassemble and remove elevator piston.
• Fabricate new hack cylinder out of heavy seamless steel and wrap with corrosion
resistant material.
• Surround the new jack cylinder with PVC pipe, and fill the gap between PVC and
jack cylinder with anti -electrolysis liquid (Union -Guard).
• Perform full load capacity test and present results of this test to Building Services
representative.
Scope of this project shall result in a fully functional and warranted freight
elevator, as a turn -key project.
All work must be performed in an approved and workman -like manner. All work
must conform to applicable codes and standards of the elevator industry. The bid price
must remain in effect for a period of at least sixty days form the date of the bid opening.
The Bidder will be responsible for any pertinent soil testing and any associated
removal and disposal. Bid price should be based upon the retention of the existing casing.
One lump -sum payment will be made on completion of this work.
Existing elevator and building may be toured by appointment. Telephone City
Representative, Coy Hurd at 575-8361 during regular office hours.
•
s
CITY OF FAYETTEVILLE, ARKANSAS
Terms and Conditions
1. All bids shall be submitted in a sealed envelope and must be submitted on
forms provided by the City.
2. The item bid and the bid number shall be stated on the face of the sealed bid
envelope
3. Bids received after the date and time set for receiving bids will not be
considered.
4. The City reserves the right to accept or reject any or all bids, waive formalities
in the bidding and make a bid award deemed to be in the best interest of the
City. The City shall be able to purchase more or less than the quantity
indicated subject to availability of funds.
5. The bid price shall remain good and firm until project is completed.
6. All products delivered shall comply with applicable standards of quality.
7. Any exceptions to the requirements of the City of Fayetteville must be noted
on the Bid Form.
8. Prices shall include all labor, materials, overhead, profit, insurance, etc., to
cover the furnishing of the items bid. Sales tax is not to be included in the bid
price. Applicable Arkansas sales tax laws will apply to this bid, but will not be
considered in award of the bid.
9. Each bidder shall state on the face of the bid form the anticipated number of
days from the date of receipt of an order for delivery of equipment and
installation to the City of Fayetteville.
10. Copy of the warranty shall accompany the bid, and any exceptions to the
warranty shall be clearly noted on the bid form.
11. Bidders must provide the City with their bids signed by an employee having
legal authority to submit bids on behalf of the bidder The entire cost of
preparing and providing responses shall be borne by the bidder.
12 The City reserves the right to request any additional information it deems
necessary from any or all bidders after the submission deadline.
13. The request for bid is not to be construed as an offer, a contract, or a
commitment of any kind; nor does it commit the city to pay for any costs
incurred by bidder in preparation of bid.
•
•
1 8
14. The City will not be responsible for misdirected bids. Vendor should call the
Purchasing Office at (501) 575-8289 to insure receipt of their bid documents
prior to opening time and date listed on the bid form.
15. If products and/or components other than those described in this bid document
are proposed, the bidder must include complete descriptive literature and
technical specifications All requests for additional information must be
received within five working days following the request.
16. Bids must be hand delivered or received by mail in the Purchasing Office,
Room 306, 113 W. Mountain St. Fayetteville, AR 72701, on or before the time
of closing listed on the face of the bid.
*17. Public improvement bids with a total of $20,000 or more shall submit
certificates of insurance within 10 days of notice of bid award. Certificates of
insurance are to be addressed to the City of Fayetteville, showing that the
contractor carries the following insurance which shall be maintained
throughout the term of the bid. Any work sublet, the contractor shall require
the subcontractor similarly to provide the same insurance coverage In case
any employee engaged in work on the project is not protected under Workers'
Compensation, the Contractor shall provide, and shall cause each
subcontractor to provide, adequate employer's liability insurance for the
protection of such of his employees as are not otherwise protected.
Workers' Compensation: Statutory Amount
Comprehensive General & Automotive Liability: $500,000
Property Damage Liability: $100,000
*18. Public improvement bids with a total of $20,000 or more require a 5% bid bond
and if awarded, a 100% performance and payment bond to be submitted
before notice to proceed is given.
*19. Public improvement bids exceeding $20,000 or more require a contractor's
license.
*20. The City shall pay Contractor based on unit prices indicated in contractor's bid
proposal Progress payments will be made after approval and acceptance of
work and submission of invoice. Payments will be made approximately 30
days after receipt of invoice.
'21. Contractor shall not assign his duties under the terms of this agreement All
work shall be coordinated directly with the Project Manager, or their designee.
'Applies to construction public improvement projects only, unless otherwise noted.
• •
ThyssenKrupp Elevator
IMPORTANT SAFETY NOTICE
October 25, 2002
Mr. Coy Hurd
Fayetteville Police Courts Building
100 West Rock
Fayetteville, Ark 72701
Re: New Code Affecting Hydraulic Elevators
Dear Mr. Hurd
This letter is to inform you of an IMPORTANT new provision in the National
Safety Code for Elevators and Escalators. The new code, based on the American
Society of Mechanical Engineers ASME A17.1-2000, requires that all owners of
hydraulic elevators with single -bottom cylinders take remedial action to help
prevent a potentially dangerous situation.
Our records indicate that you may have a pre -1971 hydraulic elevator that has
a single -bottom cylinder.
Background
A hydraulic elevator is built around a large cylinder assembly. The cylinder
assembly includes a piston that is attached to the passenger car of the
hydraulic elevator. The elevator passenger car movement is accomplished by
pumping oil in or out of the cylinder causing the piston (thus the elevator car)
to rise or descend. A catastrophic break in the cylinder can cause the hydraulic
fluid to rush out and the piston and attached car to unpredictably and
uncontrollably descend.
Prior to 1971, most hydraulic elevators were designed with a single -bottom
cylinder (attachment fig A.) On January 1, 1971, ASME A17.1 established a
recommendation that was adopted into most state and local elevator codes.
The change required double -bottom cylinders (attachment fig. B) for all new
hydraulic elevator installations. The change in the code to a double -bottom
design was intended to help prevent the situation described above from
occurring if underground corrosive action caused a breach in the bottom of the
cylinder. However, there are still a number of hydraulic elevators in operation
today which have single -bottom cylinders. And while there have been a very
small number of such incidents over the past 30 years, when they have
occurred, passengers were severely injured and in at least one case the injury
was fatal. Due to the possibility of such a catastrophic failure on elevators with
single -bottom cylinders, the Code authority of the United States and Canada
has required the replacement or modification of all single -bottom cylinders.
•
• •
Page 2
Recommended Action
Although underground hydraulic elevator cylinders cannot be inspected for
corrosion, the system can be monitored for oil loss. A loss of oil may indicate a
leak due to corrosion of the cylinder. Such an oil loss should be addressed
immediately by removing the elevator from service, performing a pressure test
to determine the cause of the oil loss, and correcting the problem before
returning the elevator to service.
Owners with buildings that have pre -1971 hydraulic elevator in operation
should have their hydraulic elevators inspected by a trained elevator technician
to help determine if their elevator contains a single -bottom cylinder or shows
signs of a potential cylinder leakage problem.
Future Action to Make Your Hydraulic Elevator Code Compliant
The new ASME A17.1-2000 will likely be adopted by your governing authority in
the near future, at which time you will be required to bring any single -bottom
cylinder elevator in your building into compliance. However, with safety being
the heart of the new Code provision, we encourage you to take appropriate
steps now to make sure your elevator is Code compliant.
It is our desire to assist all of our hydraulic elevator customers in assessing
their equipment and where needed, help them in taking the necessary steps to
meet the new Code requirements. ThyssenKrupp Elevator recommends that
system oil levels be routinely monitored on all hydraulic elevators, but until the
remedial code work is completed on elevators with single -bottom cylinders,
special attention should be given to those units. As such, and as part of our
existing full maintenance agreement, ThyssenKrupp will provide, at no cost to
you, an 'oil loss log" in your machine room for our technicians and the
elevator. In addition, your account representative will be contacting you for
authorization to perform a pressure test every 6 months on your single -bottom
cylinder until remediation work is completed. This would be an increase in the
annual interval schedule currently observed. The extra pressure test each year
will be an additional cost to the existing full maintenance agreement, but will
help reduce the risk of a catastrophic cylinder failure prior to completing the
work, which the code requires. Only qualified elevator service technicians
should do this testing until the proper cylinder remediation work is complete.
ThyssenKrupp Elevator is a member of the Elevator Escalator Safety
Foundation, a charitable organization that promotes the safe and proper use of
elevators, escalators, and moving walks through information and educational
programs.
Sincerely,
TssenKrupp Elevator
Steve Broom
Service/Repair Sales
ThyssenKrupp Elevator
5477 South 108th East Ave
Tulsa, OK 74146
Telephone (918) 665-2040
Fax: (918) 665-2063
Thyssen Krupp Elevator
Repair Order.
Date:
Attention:
Address:
City:
Telephone:
October 25, 2002
Mr. Coy Hurd
100 W Rock
Fayetteville, Ark 72701
(479) 575-8361
Building:
Address:
City:
Service contract #:
Elevator serial #:
•
Fayetteville Police Courts Building
100 W Rock
Fayetteville, Ark 72701
N/A
E-26267
Purchaser authorizes ThyssenKrupp Elevator to perform the following described work on the subject elevator(s) in the above
building:
Single -bottom cylinder replacement.
ThyssenKrupp Elevator proposes to furnish the necessary labor and materials to replace the existing cylinder(s) on one (1)
hydraulic elevators with an ASME A17.1 — 2000 Code compliant cylinder with a sealed cylinder protection liner.
SCOPE OF WORK:
Erect safety/sight barricades, lay protective floor covering around work areas.
Suspend and secure (two methods) the elevator in the uppermost portion of hoistway.
The hydraulic plunger shall be disconnected, landed and removed from the cylinder, then set aside for reuse.
Remove the oil line, shutoff valve, pit channels and buffers from pit area.
Jackhammer removal of concrete surrounding jack head.
Hydraulic fluid shall be removed from the cylinder and stored in approved containers.
Remove existing cylinder from the ground and dispose of properly.
Remove hazardous debris from inside of present well casing and store in approved containers (See Special conditions).
Install protective PVC (polyvinyl chloride) 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— 2000 and the same I.D. and 0.0. size as existing cylinder with new jack head.
Backfill area between new PVC and hydraulic cylinder with unionguard 160.
Replace concrete pit floor with appropriate insulation material.
Reinstall hydraulic plunger into new cylinder.
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 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
Disassemble and remove materials, tools and supplies and provide general clean up.
Return elevator to service.
SCHEDULE
1) Delivery of jack casing from factory after receipt of executed contract, 2 — 3 weeks.
2) Installation of equipment after delivery to jobsite would be approximately 2'h - 3 weeks.
Special conditions:
1) The quoted price is based upon the existing jack hole is plumb and cased or jacketed to prevent hole collapse once the existing
jack is removed. The jack hole is 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 an material basis, based on standard billing rates, until the conditions which have caused the
delay have been overcome.
2
• 11 • . • •• .. - •• .
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Repair Order.
• •
Page 2 of 3
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. ThyssenKrupp 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.
5) All labor estimates included herein are based upon work being performed during regular working days and hours of the trade
(M -F,8:00 a.m. to 5:00 p.m.). Work performed at other times will be in addition to the price indicated herein.
6) This proposal includes the State Five Year Full Load Test. 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. ThyssenKrupp 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 may be required on this project. This will be coordinated with Purchaser.
8) Purchaser agrees to furnish suitable parking area with standard truck access.
9) ThyssenKrupp Elevator's HDPE jack protection system shall be fully warranted for the effective life of the elevator system
while being maintained under ThyssenKrupp Elevator's Maintenance Agreement against any leakage failure of the hydraulic
cylinder assembly, irrespective of whether failure is due to any defect in material or workmanship, or in the event such
failure is due to effects of corrosion, electrolysis, or microbiological action upon the buried cylinder structure, or any other
deterioration leading to underground leakage, unless attributable to earthquakes and/or subsurface movement, settling,
shifting of soils, or except for the aforementioned, any other circumstances beyond the control of ThyssenKrupp Elevator.
Purchaser agrees to pay the sum of: Twenty Four Thousand Nine Hundred Ninety Six and 00/100 ($24,996.00) which includes
applicable sales tax and shipping. All work is to be performed during regular working days and hours, unless otherwise indicated
herein. No permits or inspections by others are included in this work, unless otherwise indicated herein.
Upon receipt of your written authorization and receipt of required materials and/or supplies, we shall proceed with the repair.
•
/9/e/0 z._
This Repair Order is submitted for acceptance within 30 days from the date executed by ThyssenKrupp Elevator.
Purchaser's acceptance of this Repair Order together with the terms and conditions printed on subsequent pages hereof and which are
expressly made a part of this proposal and agreed to, and its approval by an executive officer of ThyssenKrupp Elevator will constitute
exclusively and entirely the agreement for the work herein described. All prior representations or agreements regarding this work,
whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this agreement will be
recognized unless made in writing and properly executed by both parties. This Repair Order specifically contemplates work outside the
scope of any maintenance contract currently in effect between the parties; any such contract shall be unaffected by this Repair Order.
No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the written approval of an
authorized ThyssenKrupp Elevator manager.
Accepted:
FAYETTEVILLE
By:
CE COUR
UILDING
(Signature of Authorize
DA
Indiviuual)
(Prin ed or Typed Name)
Title: /Hal/pr
Date: /2—ID-Oa
ThyssenKrupp Elevator Corporation:
5206 S 60th Place
Rogers, Ark 72758
By:
Date
ignature of ThyssenKrupp Eiewtaritepresentative)
Steve Broom, Service/Repair Sales
(479) 751-0222
Oil 22(0
Approved by.
Title: Branch Manager Date:
Repair Order.
Terms and conditions.
ThyssenKrupp Elevator assumes no
responsibility for any part of the elevator
equipment except that upon which work has
been done under this agreement. No work,
service, examination or liability on the part of
us other than that specifically mentioned
herein is included or intended. It is agreed that
we do not assume possession or control of any
part of the equipment and that such remains
Purchaser's exclusively as the owner, lessor,
lessee, possessor, or manager thereof.
Our performance of this contract is contingent
upon your furnishing us with any necessary
permission or priority required under the terms
and conditions of government regulations
affecting the acceptance of this order or the
manufacture, delivery or installation of the
equipment.
We have made no examination of, and assume
no responsibility for, any part of the elevator
equipment except that necessary to do the
work described in this proposal.
It is agreed that ThyssenKrupp Elevator's
personnel shall be given a safe place in which
to work and we reserve the right to discontinue
our work in the building whenever, in our sole
opinion, this provision is being violated.
You agree that in the event asbestos material
is knowingly or unknowingly removed or
disturbed in any manner at the job site by
parties other than employees of ThyssenKrupp
Elevator or those of our subcontractors, the
work place will be monitored, and prior to and
during our presence on the job, Purchaser will
certify that asbestos in the environment does
not exceed .01 fibers per cc as tested by
NIOSH 7400. In the event our employees, or
those of our subcontractors, are exposed to an
asbestos hazard, PCB's or other hazardous
substances resulting from work of individuals
other than our employees, or those of its
subcontractors, you agree to indemnify,
defend, and hold ThyssenKrupp Elevator
harmless from any and all claims, demands,
lawsuits, and proceedings brought against us,
or our employees resulting from such
exposure. You recognize that your obligation
to ThyssenKrupp Elevator under this clause
includes payment of all attorneys' fees, court
costs, judgments, settlements, interest and
any other expenses of litigation arising out of
such claims or lawsuits. Removal and disposal
of asbestos containing material is your
responsibility.
Unless otherwise agreed, it is understood that
the work will be performed during regular
working hours of the trades involved. If
overtime is mutually agreed upon, an
additional charge at our usual rates for such
work shall be added to the contract price.
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You expressly agree to name ThyssenKrupp
Elevator as an additional insured in your
liability and any excess (umbrella) liability
insurance policy(ies). Such insurance must
insure us for those claims or losses referenced
in the above paragraph. You hereby waive the
right of subrogation.
We shall not be liable for any loss, damages or
delay caused by acts of government, strikes,
lockouts, fire, explosions, theft, floods, riot,
civil commotion, war, malicious mischief, acts
of God, or any other cause beyond our control,
and in no event shall we be liable for
consequential damages.
Should loss of or damage to our material, tools
or work occur at the erection site, you shall
compensate us therefore, unless such loss or
damage results from our own acts or
omissions.
You agree that all existing equipment removed
by ThyssenKrupp Elevator shall become the
exclusive property of ThyssenKrupp Elevator.
We retain title to all equipment supplied by us
under this contract, and a security interest
therein, (which, it is agreed, can be removed
without material injury to the real property)
until all payments under the terms of this
contract, including deferred payments and any
extension is thereof, shall have been made. In
the event of any default by you in the payment,
under any other provision of this contract, we
may take immediate possession of the manner
of its attachment to the real estate or the sale,
mortgage, or lease of the real estate.
Pursuant to the Uniform Commercial Code, at
our request, you agree to join with us in
executing any financing or continuation
statements, which may be appropriate for us
to file in public offices in order to perfect our
security interest n such equipment.
Certificates of Workmen's Compensation,
Bodily Injury and Property Damage Liability
Insurance coverage will be furnished to you
upon request. The premium for any bonds or
insurance beyond our standard coverage and
limits will be an addition to the contract price.
If any drawings, illustrations or descriptive
matter are furnished with this proposal, they
•
Page 3 of 3
are approximate and are submitted only to
show the general style and arrangement of
equipment being offered.
You shall bear all cost(s) for any reinspection
of our work due to items outside the scope of
this agreement or for any inspection arising
from the work of other trades requiring the
assistance of ThyssenKrupp Elevator.
All applicable sales and use taxes, permit fees
and licenses imposed upon us as of the date
of this proposal, are included in the contract
price. You agree to pay, as an addition to the
contract price, the amount of any additional
taxes, fees or other charges exacted from you
or ThyssenKrupp Elevator on account thereof,
by any law enacted after the date of this
proposal.
A service charge of 1 'h% per month, or the
highest legal rate, whichever is less, shall
apply to delinquent accounts. In the event of
any default of the payment provisions herein,
you agree to pay, in addition to any defaulted
amount, all attorney fees, collection costs or
court costs in connection therewith.
In the event a third party is retained to enforce,
construe or defend any of the terms and
conditions of this agreement or to collect any
monies due hereunder, either with or without
litigation, the prevailing party shall be entitled
to recover all costs and reasonable attorney's
fees.
You hereby waive trial by jury and do further
hereby consent that venue of any proceeding
or lawsuit under this agreement shall be in
Oklahoma City County, Oklahoma.
The rights of ThyssenKrupp Elevator under this
agreement shall be cumulative and the failure
on the part of the ThyssenKrupp Elevator to
exercise any rights given hereunder shall not
operate to forfeit or waive any of said rights
and any extension, indulgence or change by
ThyssenKrupp Elevator in the method, mode
or manner of payment or any of its other rights
shall not be construed as a waiver of any of its
rights under this agreement.
In the event any portion of this agreement is
deemed invalid or unenforceable by a court of
law, such finding shall not affect the validity or
enforceability of any other portion of this
agreement.
In the event your acceptance is in the form of a
purchase order or other kind of document, the
provisions, terms and conditions of this
proposal shall govern in the event of conflict.
.• 1.,
•
•
•
Federal Insurance Company
Bond No. 81470854-118
That we,
BID BOND
Amount $5% OF TENDER PRICE
Know All Men By These Presents,
THYSSENKRUPP ELEVATOR CORPORATION
(hereinafter called the Principal),
as Principal, and the Federal Insurance Company, 15 Mountain View Road, Warren, New Jersey,
07059, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the
Surety), as Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE
(hereinafter called the Obligee),
in the sum of FIVE PERCENT OF TENDER PRICE Dollars ( 45% OF TENDER PRICE), for the payment
of which we, the said Principal and the Surety, bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this October 17, 2002.
WHEREAS, the Principal has submitted a bid, dated October 25, 2002, for REPLACE ONE (1)
HYDRAULIC JACK CASING FOR THE CITY OF FAYETTEVILLE
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept
the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with
such bid and give bond with good and sufficient surety for the faithful performance of such contract,
or in the event of the failure of the Principal to enter into such contract and give such bond, if the
Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount
specified in said bid and the amount for which the Obligee may legally contract with another party to
perform the work covered by said bid, if the latter amount be in excess of the former, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Form 15-02-0002 (Rey. 4-90) M-24705 (20M)
THYSSENKRUPP
CORPORATION
Principal
By:
Ar
Federal In r
By: r
Kathy Ness, Corney -in -Fact
dar
ELEVATOR
Sharm
Contr
ance Company
Morgan
dministratm
Chubb
Surety
POWER Federal Insurance Company W Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation,
and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Kelly A. Parker , David
Bowcott, Kathy Ness, Janice Oehm and Jacqueline Miller of Toronto, Ontario
each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on
their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or
executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument
referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each
executed and attested these presents and affixed their corporate seals on this 5 th day of March, 2002
( t,/ (Md 6 -e --e4
ryl B. Robe Assistant Secretary
STATE OF NEW JERSEY
County of Somerset
ss.
On this 5th day of March, 20 0 2 , before me, a Notary Public of New Jersey, personally came Sheryl B. Roberts, to me (mown to
be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the
foregoing Power of Attorney, and the said Sheryl B. Roberts being by me duly sworn, old depose and say that she isAssistant Secretary of FEDERAL INSURANCE COMPANY,
VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and (mows the corporate seals thereof, that the seals affixed to he foregoing Power of Attorney are
such corporate seals and were thereto affixed by authority of the By-laws of said Companies; and that she signed said Power of Attorney asAssistant Secretary of said Companies
by like authority; and that she Is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies: and that the signature of Frank E. Robertson,
subscribed r of Attorney is in the genuine han Jp ftt part E. Robertson, and was thereto subscribed by authority o1 said By -Laws and in deponents presence.
Nota
Notary Public State of New Jersey
No. 2231647
Commission Expires Oct. 28, 2004
Notary Public
CERTIFICATION
Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
"All powers of attorney for and on behat of the Company may and shall be executed in the name and on behat of the Company, ether by the
Chaiman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their
respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers:
Chairman, President, any Vice President any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may
be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of
attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or
undertaking to which it is attached."
1, Sheryl B. Roberts, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the 'Companies") do hereby certify that
(i) the foregoing extract of the By -Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of
Columbia and are authorized by the U. S. Treasury Department further, Federal and Vigilant are licensed in Puerto Rico and the U. S.
Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in fug torce and effect
Given under my hand and seals of said Companies at Warren, NJ this 1.7th day of October, 2002
/
SNeryl B. RobertsAssis�Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com
Pam 15.10-0225.A (Ed. 6-99) CONSENT
We thank you for choosing ThyssenKrupp Elevator.
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CERTIFICATE HOLDER
ADDITIONAL INSURED: INSURER LETTER
CANCELLATION
SPECIMEN
ACORD 25-S (7197)
Should any of the above described policies be cancelled before the
expiration date thereof, the issuing insurer will endeavor to mall
_30_ days written notice to the certificate holder named to the left,
but failure to mail such notice shall impose no obligation or liability
of any kind upon the company, its agents or representatives.
Authorized Representative
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ACORD CERTIFICATE
LIABILITY INSURANCE •
DATE SAMIDDIYY)
TYPE OF INSURANCE
PRODUCER
NEAR NORTH INSURANCE BROKERAGE INC
SUITE 2000
875 NORTH MICHIGAN AVENUE
CHICAGO IL 60611
Canted: Helen Chen Ph:312-280-5655 Fx:312-202-6170
POLICY EFFECTIVE
11STF IMNIIIMWI
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Al TFR THE COVFRAGE AFFORDFD BY THE P01 ICIFS BE OW
INSURERS AFFORDING COVERAGE
INSURED
THYSSENKRUPP ELEVATOR
' -1=
C� =�J
C -J .:
Contact:
CORPORATION
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s. \`� ...:\i G __-3 �..�
INSURER A: Lexington Insurance Company
INSURERS: Pacific Employers Insurance Company
INSURER C:
INSURER D:
INSURER E:
• CCUR
1320252- PRIMARY POLICY
1320253 - EXCESS POLICY
12/31/2001
�
CERTIFICATE HOLDER
ADDITIONAL INSURED: INSURER LETTER
CANCELLATION
SPECIMEN
ACORD 25-S (7197)
Should any of the above described policies be cancelled before the
expiration date thereof, the issuing insurer will endeavor to mall
_30_ days written notice to the certificate holder named to the left,
but failure to mail such notice shall impose no obligation or liability
of any kind upon the company, its agents or representatives.
Authorized Representative
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THE POLICIES
ANY REQUIREMENT,
MAY PERTAIN,
POLICIES.
OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
TERM OR CONDIT ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN3R
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
11STF IMNIIIMWI
POLICY EXPoATX)N
new/MsunnerI
UNITS
)TR
GENERALLABWTY
COMMERCAL
CLAIMS
GENERAL LABILITY
• CCUR
1320252- PRIMARY POLICY
1320253 - EXCESS POLICY
12/31/2001
�
1010112003
' A - -
EACH OCCURRENCE
$4,000,000
A
X
FIRE DAMAGE (Any one e)
$2,000,000
MADE X
MED EXP (Any one person)
NIA
PERSONAL& AOS INJURY
$4,000,000
$8 000 000
1
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COMBINED MNGI UNIT
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$2,000,000
X
-
BODRYINJURY J
(Per person)
AUOWNEDAUTOS
SCHEDULED
_
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
accident)
PROPERTY DAMAGE
(Per accident)
GSA
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WORKERS
EMPLOYERS'
COMPENSATION AND
LABILITY
WLRC42990346 (AOS)
SCFC42990309 (SC, WI)
1010112002
10101/2003
X 1 WCeW' tU- 1 IDS.
EL EACH ACCIDENT
$1,000,000
EL DISEASE-POUCY LIMIT
$1,000,000
EL DISEASE -EA EMPLOYEE
$1.000.000
DESCRIPTION
RE:
OTHERSPECIMEN
OF OPERATIONSILOCATIONSNEHICLE$$SPECAL
JOBB SPECIMEN
ITEMS
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CERTIFICATE HOLDER
ADDITIONAL INSURED: INSURER LETTER
CANCELLATION
SPECIMEN
ACORD 25-S (7197)
Should any of the above described policies be cancelled before the
expiration date thereof, the issuing insurer will endeavor to mall
_30_ days written notice to the certificate holder named to the left,
but failure to mail such notice shall impose no obligation or liability
of any kind upon the company, its agents or representatives.
Authorized Representative
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41
4