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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 • . • •• .. - •• . .. - . I. , - .. . . . •r oils • . .. . • • . . • -- -• ,• ... . - • .. . . r• .r -Se .- .. • re SOM. as Jost OL a i 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. p u eSPLairelragSacialSclatimer hamalersr diseiterretaThltire70r • s, aliforr ny our ever, Strap, iejery.r death theta, c aIIayet7 to helve di Men e, inGsallatioRrFemeye4roieRtheeterrerdtrign, o t afBa6-ot. e.,Rd,y a �h'egepu le it, sp .f, al4 rli la .._ee IIe..ed e our nec III i f/o't 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. CT 0 fD 0 "0 d < r_ cu m 0 eg- 3D CD 3 0 d- = o m = O_ sQ m D)cu N CO 7, cu CL —o =O COZ CU N N 77 ( = 0 3 C mD' CD 0 0 C 7 0 CD 3 n m m 0 5. N D� CD 30- - N = _ Frir 7 CD •-• CD s o m 7 o 7 O CD 0) P - 3140 33NVJd3DDV 1VNIJ EQUIPMENT SERIAL NO. E-26267 L9Z9Z-3 'ON 13VUINOD BUILDING LOCATION FAYETTEVILLE POLICE COURTS BUILDING n 2 N m HV'311IA3113AVJ JO AlID WARRANTY ON JACK CASING REPLACEMENT Z N N ctsc m 0)) O 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 ` ® NL \ �eaaar'���} Qi fi��. re, - ` 10 ACCRO COMrai2AT ON 1988 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 //\�. r r�--.-) 1, �I � --� 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 ` ® NL \ �eaaar'���} Qi fi��. re, - ` 10 ACCRO COMrai2AT ON 1988 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 fir X itoeRE�II IvoLCY VAR PEA Loc PRODUCTS -cos a +r.� Included I \L " - / 8 AUTOMOBILE ANY AUTO - UMW �\ �_� / AUTOS _ _ ISAH076842 1 ` �_ 10/41l2C 2 9 / it 111 002 \I/ I COMBINED MNGI UNIT IEA accident), \ ,, $2,000,000 X - BODRYINJURY J (Per person) AUOWNEDAUTOS SCHEDULED _ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY accident) PROPERTY DAMAGE (Per accident) GSA AI,E LABLRY i_\ --� AUTO Aron nil Y FA errmrNT __—_-1 /�`7 _� �/ MANY ��V 1 I\� �. j /I / 4UTOONLY ��Yrr EXOE53 LABIL - ��_.� W� r f $ J ! - - _. _ i I ._.' i� I �� � _ i - ' BBE& OCCUR AGGREGATE , - --_- 1 ��� `--.--• EDUCT��� 1RETENTION -.—� B 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 tril CD 1 . _ ., j r \ r-' // 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 ` ® NL \ �eaaar'���} Qi fi��. re, - ` 10 ACCRO COMrai2AT ON 1988 41 4 se No. 0022880103 State of Arkansas Contractors Licensing Board THYSSENKRUPP ELEVATOR CORPORATION PO BOX 2177 MEMPHIS, TN 38101 This is to Certify That I'HYSSENKRUPP ELEVATOR CORPORATION is duly licensed under the provisions of Act 150 of the 1965 Acts as amended and is entitled to practice Contracting in the State of Arkansas within the following classification: SPECIALTY —.-- _ -.--. Elevators, Escalators, Dumbwaiters, Chairlifts ak �hn f..11n.w�;t�}Q suggested bid I;�;t r.l -h �.iaa. soil i b uggese.ed acmes from January25, 2002 until when this Certificate expires. UNLIMITED January31, 2003 Witness our hands of the Board, dated at Little Rock, Arkansas CHAIRMAN SECRETARY January 25, 2002 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDE To: Coy Hurd, Building Services From: Heather Woodruff, City Clerk Date: December 6, 2002 Attached is a copy of Resolution No. 175-02 awarding bid # 02-66 to Thyssenkrupp Elevator Company in the amount of $ 24,996.00 for the repair of the freight elevator at the Fayetteville Police Department headquarters. The original resolution will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Auditor Single -bottom cylinder replacement. Single -bottom cylinder. Prior to 1971, most hydraulic elevators were designed with a single -bottom cylinder. However, should the bottom plate rupture, there is no safety mechanism to prevent the elevator from descending uncontrollably. Though few incidents like this have occurred, when they have, passengers have been injured. All illustrations and specifications are based on information in effect at time of publication approval. ThyssenKrupp Elevator reserves the right to change specifications or design and to discontinue items without prior notice or obligation. copyright O 2002 ThyssenKrupp Elevator Corporation SBCR 2002 Printed in U.S.A ThyssenKrupp Elevator P.O. Box 2177 Memphis, TN 38101 Tel: (662) 393-2110 Fax: (662) 342-4309 thyssenkruppelevator.com kru ppelevator. co m Buried piping and cylinders are not covered by existing elevator preventive maintenance contracts for obvious reasons. Many of these outdated single -bottom cylinder designs are still in operation. A code compliant cylinder has a safety bulkhead, referred to as a double -bottom cylinder. Double -bottom cylinder. A17.1 elevator code for new installations began requiring the double -bottom cylinder design in 1971 in order to protect against the catastrophic failure of the bottom plate. This cylinder design features a bottom plate plus a safety bulkhead with a relief orifice. Should the bottom plate rup- ture, the orifice will limit the speed of the elevator's decent by allowing only a small amount of oil to escape at a time. The result is a safer mode of trans- portation for passengers. Additional cylinder protection. Even with the additional safety provided by the double -bottom cylinder, buried cylinders can still be affected by underground conditions. For multi -section jacks, ThyssenKrupp recommends the cylinder be encased in a sealed PVC (polyvinyl chloride) casing that includes a means of monitoring for unwanted moisture. The plastic lining acts as a barrier against corrosive activities, which could cause damage to the metal of the unprotected cylinder. Monitoring capability for unwanted water or other liquids, allows maintenance personnel to protect the integrity of your cylinder by making sure corrosive material is not present inside the lining. HDPE protection. For single -section jacks, ThyssenKrupp's High Density Polyethylene (HDPE) jack protection system is the most advanced corrosion protection system available. HDPE is a high quality, high performance thermoplastic manufactured to meet some of the most strin- gent quality standards and specifications used in the piping industry. Our system also includes a bottom cap made of the same HDPE material and is designed to provide an impenetrable seal. An electronic sensor features a miniaturized circuit board, which detects the presence of corrosive material between the HDPE and the cylinder. The end result is a superior product with the durability and flexibility demanded in today's market. ThyssenKrupp Elevator will war- ranty the cylinder for the life of the maintenance contract if HDPE is installed. Our trained professionals are prepared to provide a survey of your elevator to help you determine what corrective actions, if any, may be required to ensure passenger safety and compliance with the code performance requirements. Cylinder Rupture Cylinder yI yI bottom plate +++ Cylinder Safety bulkhead with orifice � Cylinder Safety bulkhead with orifice Lining end cap Single -bottom cylinder replacement. A. Single -bottom cylinder. Piston L Cylinder Cylinder bottom plate The National Safety Code for Elevators and Escalators has a new rule that may affect your hydraulic elevator. Cylinder corrosion. The cylinder of a typical hydraulic elevator is installed in the ground beneath the elevator car. Unless the cylinder is installed inside a protective covering, it is exposed to the risk of corrosion and electrolysis. Soil often contains elements that cause reactions that damage the metal composition of a cylinder. This can cause a cylinder to leak oil, which creates environmental contamination and puts passenger safety at risk. Safety issues. Most hydraulic elevators operate by pumping pressurized oil into the underground cylinder. As the oil enters the cylinder, the piston rises and forces the elevator car upward. To lower the car, oil is gradually released from the cylinder back into a holding tank..If there is a leak in the cylinder and no way to control the flow of oil escaping, then there is no way to control the speed of elevator descent. Elevators with single -bottom cylinders are especially at risk. Code revision. The ASME A17.1-2000, National Elevator. Safety Code has a new provision that requires single -bottom cylinders be replaced with double -bottom cylinders or be equipped with code compliant safeties. B. Double -bottom cylinder. Jack head Piston Casing flange cylinder> Pit channel`Pit mounting bracket j Concrete cap \. — Pit floor ` r o Casing monitor Sand backfill Lr PVC E Steel casing l HOPE lining H _ Jack cylinder joint Plastic lining bell section Piston 7 - Safety bulkhead -`- , with orifice Lining end cap ThyssenKrupp Elevator ow I > -<_ N z o m � c � o � C n � o � Ill CO IAHCD _ N Q) N It O R c 0 m (n 0 (D o (D I-, =D o (Do(D (D — (D CD -0 a -a9. f o K d N. 2L o (n J d o. CD a.c n O N n d a) N . � J (D D O V1 o O O. J CD Z Dl m N m '-C> .Z7 N CD-, =O C =r D r ma) - n en <(D 0-c 0D�CD 1 J no o 3°- 0(0 J ` N m s0 (DO 3 Q)C) o J � jTOI rf O (D J n J m m n w Q 0 c C > c z F r 3 = Z Z n z m n m o n z z _i n m r m > Ni Z O Z N m 1 T fl m m0 D _N Z Ni -I C) Ni< m m m r v m r r m m C7 m m ,z� N CD 70 m CD a ACORD CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDA'Y) oDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NEAR NORTH INSURANCE BROKERAGE INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SUITE 2000 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 875 NORTH MICHIGAN AVENUE ALTER THE COVERAGE AFFORDED BY ThE POLICIES BELOw. CHICAGO IL 60611 INSURERS AFFORDING COVERAGE Contact: Helen Chen Ph:312-280-5655 Fx:312-202-6170 sURED THYSSENKRUPP ELEVATOR CORPORATION INSURERA: Lexington Insurance Company INSURER B: Pacific Employers Insurance Company �� '-II� u I \ LJ _C, i L ll Y_ l INSURER C: INSURER 0: INSURER E: Contact: COVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXP82ATION OMITS GENERALLAEILITY 1320252 - PRIMARY POLICY 12J31/2001 1010112003 EACH OCCURRENCE $4,000,000 A X COMMERCIALGENERALLIABaITY 1320253 -EXCESS POLICY LAIMS MADE I X OCCUR FIRE DAMAGE(Anyo..me) NED EXP (My Ale pen=) $2,000,000 N/A $4,000,000 B nI i GENtAGGRE 'GAIT APP PER , X POLICY _��. LOCn J�_2 i t 4 I I AUTOMOBILE UARnJTY ~ 1 ISAH076842 ; ` 101n1129 .≥ I J"i I X ANY AUTO L \ ;Y/ ALL OWNED AUTOS ""••••-- \ j T_T RFT TE ` I I PRODUCTS -COQ L AGG �) - _ ;__I �, 1L Ill 00:. I COMBINED SINGI 'LIMIT , `, COMBINED Eantl L'.I �i l BODILY INJURY f $8,000,000 i ! Included ) f �- ! $2,000,000 SCHEDULED AUTOS (Per Person) HIRED AUTOS GODLY INJURY NON.OWNED AUTOS er ecddent PROPERTY DAMAGE (Pn cddent) GARAGE LABILITY AUTO ONLY � y HTtVh V. ExcEssuAsL,I9 OCCUR : SAD IL F _l.:�__I �. ICI J':: Lo J UP7L RETENTION $ B WORKERSCOMPENSATIONAND EMPLOYERSLIABafTY WLRC42990346 (ADS) SCFC42990309 (SC, WI) 10101/2002 10101/2003 X I CBTA U- °TN - ELEACHACCIDENT $1,000,000 ELOISEASE-PoUCYUMIT $1000000 EL DISEASE-EAENPLOYEE $1,000,000 DESCRIPTION OF OPERATNJNSILOCATIONSNEHICLESISPEWL ITEMS RE: OTHERSPECIMEN JOB# SPECIMEN �'`�p_ ��'y, ,q[�j� �I�\\� S F CU[ME V ADDITIONAL INSURED: INSURER LITTER SPECIMEN Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail _30_ days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. ACORD 25-S (7197) '$r%" i9 AC&b CGKPOR' ATION 1988 No. 0022880103 State of Arkansas Contractors Licensing Board THYSSENKRUPP ELEVATOR CORPORATION PO BOX 2177 MEMPHIS, TN 38101 is to Certify That THYSSENKRUPP ELEVATOR CORPORATION - .- - - is duly licensed under the provisions of Act 150 of the 1965 Acts as amended and is entitled to practice Contracting in the State of Arkansas within the following classification: SPECIALTY Elevators, Escalators, Durnbwaiters, Chairlifts withi.nfollowing with l.i1a. suggestedbid limit from January 25, 2002 until when this Certificate expires. UNLIMITED January 31, 2003 Witness our hands of the Board, dated at Little Rock, Arkansas CHAIRMAN SECRETARY January 25, 2002 Single -bottom cylinder replacement. A. Single -bottom cylinder. Y Piston L Cylinder Cylinder bottom plate The National Safety Code for Elevators and Escalators has a new rule that may affect your hydraulic elevator. Cylinder corrosion. The cylinder of a typical hydraulic elevator is installed in the ground beneath the elevator car. Unless the cylinder is installed inside a protective covering, it is exposed to the risk of corrosion and electrolysis. Soil often contains elements that cause reactions that damage the metal composition of a cylinder. This can cause a cylinder to leak oil, which creates environmental contamination and puts passenger safety at risk. Safety issues. Most hydraulic elevators operate by pumping pressurized oil into the underground cylinder. As the oil enters the cylinder, the piston rises and forces the elevator car upward. To lower the car, oil is gradually released from the cylinder back into a holding tank..If there is a leak in the cylinder and no way to control the flow of oil escaping, then there is no way to control the speed of elevator descent. Elevators with single -bottom cylinders are especially at risk. Code revision. The ASME A17.1-2000, National Elevator Safety Code has a new provision that requires single -bottom cylinders be replaced with double -bottom cylinders or be equipped with code compliant safeties. B. Double -bottom cylinder. Jack head Pit channel` concrete cap—� 777A_ r Casing PVC or — HDPE lining Piston Safety bulkhea with orifice Lining end cap ThyssenKrupp Elevator Piston . Casing flange Pit mounting bracket Pit floor Sand backfill casing nder joint is lining ection Single -bottom cylinder replacement. Single -bottom cylinder. Prior to 1971, most hydraulic elevators were designed with a single -bottom cylinder. However, should the bottom plate rupture, there is no safety mechanism to prevent the elevator from descending uncontrollably. Though few incidents like this have occurred, when they have, passengers have been injured. All illustrations and specifications are based on information in effect at time of publication approval. ThyssenKrupp Elevator reserves the right to change specifications or design and to discontinue items without prior notice or obligation. Copyright © 2002 ThyssenKrupp Elevator Corporation SBCR 2002 Printed in U.S.A ThyssenKrupp Elevator P.O. Box 2177 Memphis, TN 38101 Tel: (662) 393-2110 Fax: (662) 342-4309 thys sen kru p pelevato r. co m Buried piping and cylinders are not covered by existing elevator preventive maintenance contracts for obvious reasons. Many of these outdated single -bottom cylinder designs are still in operation. A code compliant cylinder has a safety bulkhead, referred to as a double -bottom cylinder. Double -bottom cylinder. A17.1 elevator code for new installations began requiring the double -bottom cylinder design in 1971 in order to protect against the catastrophic failure of the bottom plate. This cylinder design features a bottom plate plus a safety bulkhead with a relief orifice. Should the bottom plate rup- ture, the orifice will limit the speed of the elevator's decent by allowing only a small amount of oil to escape at a time. The result is a safer mode of trans- portation for passengers. Additional cylinder protection. Even with the additional safety provided by the double -bottom cylinder, buried cylinders can still be affected by underground conditions. For multi -section jacks, ThyssenKrupp recommends the cylinder be encased in a sealed PVC (polyvinyl chloride) casing that includes a means of monitoring for unwanted moisture. The plastic lining acts as a barrier against corrosive activities, which could cause damage to the metal of the unprotected cylinder. Monitoring capability for unwanted water or other liquids, allows maintenance personnel to protect the integrity of your cylinder by making sure corrosive material is not present inside the lining. HDPE protection. For single -section jacks, ThyssenKrupp's High Density Polyethylene (HOPE) jack protection system is the most advanced corrosion protection system available. HDPE is a high quality, high performance thermoplastic manufactured to meet some of the most strin- gent quality standards and specifications used in the piping industry. Our system also includes a bottom cap made of the same HOPE material and is designed to provide an impenetrable seal. An electronic sensor features a miniaturized circuit board, which detects the presence of corrosive material between the HDPE and the cylinder. The end result is a superior product with the durability and flexibility demanded in today's market. ThyssenKrupp Elevator will war- ranty the cylinder for the life of the maintenance contract if HOPE is installed. Our trained professionals are prepared to provide a survey of your elevator to help you determine what corrective actions, if any, may be required to ensure passenger safety and compliance with the code performance requirements. Cylinder Cylinder tomI 1 1 1 bottom plate Cylinder Safety bulkhead with orifice — Cylinder Safety bulkhead with orifice Lining end cap 2 9 / + $ / : Em g @ C ) / k�.! / § / § g r. 7 2 z e @ _ p 2 rn o / j ® / \ \ \ m z 70 0 ®/ \ \ 2 LI III ) / / § / \ \ § mm m} \ m \ m m 2 - m m w r « p \ / CD / y 2 0 o 0 ma,/ \ (0 / j fz r / M /( rt 00) \/ \r a,-- -2 d CD- ► =0 t } 1 ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE(NMMmD"" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NEAR NORTH INSURANCE BROKERAGE INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SUITE 2000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 875 NORTH MICHIGAN AVENUE ALTER THE COVERAGE AFFOT)ED BY TIlE POLICIES BELOW. CHICAGO IL 60611 INSURERS AFFORDING COVERAGE contact: Helen Chen Ph:312-280.5655 Fx:312-202-6170 SURED THYSSENKRUPP ELEVATOR CORPORATION INSURERA: Lexington Insurance Company INSURER B: Pacific Employers Insurance Company __, INSURERC: INSURER D: INSURERE: antacF COVFRARFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXP6GTION OMITS GENERAL WBBJTY 1320252 -PRIMARY POLICY 12/3112001 10/0112003 EACH OCCURRENCE $4,000,000 A X COMMERCIAL GENERAL LIABILITY 1320253 -EXCESS POLICY WMS MADE ]OCCUR FIRE DAMAGE(AM anathe) MED EXP (My one person) $2000000 N/A $4,000,000 PFRSONAL&AflV INJURY 1 � _, L gGGRE ..PUT PEIj r X POLICY \ - � LOC .0 I .��-- ( AVTONOBILE IJAPn tTY ISAH07�,' 10/^112C \ ` X Axr AUTO �--/ f ��i"!/ Li ALL OWNED AUTOS �:s GRETTTE \ ( PRODUCTS-COf L 1GG 1111/ 00:1 COMBINED SING! LIMIT `F- LiIEaawtlantl ! L.i u BODILY INJURY `' $8,000,000 I '! Included {- ��., 000,000 $2, B .-... SCHEDULED AUTOS (Per parson) HIRED AUTOS GODLY INJURY NON -OWNED AUTOS erK M PROPERTY DAMAGE (Per enakent) GARAGE LIABILITY rl -I \ OCCUR L` y�i EDUCT1-f;� � 1j ,' (�� I I; I \,�' / /I I wAUTO ONLY v.a\ _H `.{ � I 4GGREGAM isC:'1 `II RETENTION f WORKERS COMPENSATION AND WLRC42990346 (AOS) 1010112002 10101/2003 X I WCSTATU- OTH- B EMPLOMR5 LABILITY SCFC42990309 (SC, WI) EL EACH ACCIDENT $1,000,000 EL DISEASE -POLICY UNIT $1,000,000 EL DISEASE - EA EMPLOYEE 1 000 000 DESCRIPTION OF OPERATIONSAOCATIONSNEHICLES/SPECIAL ITEMS RE: OTHERSPECIMEN JOB# SPECIMEN ( �lj (j/��_ I Q��!� � f S11 \y P V UIF V SPECIMEN SPW_C@MEN ACORD 25-S (7197) Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail _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. Wttm izetl ReprnataSwe ___ f-aim n n n om 'License No. 0022880103 State of Arkansas Contractors Licensing Bogr4 -=- THYSSENKRUPP ELEVATOR CORPORATION PO BOX 2177 MEMPHIS, TN 38101 C THYSSENKRUPP ELEVATOR CORPORATION-- - This is to Certify That is duly licensed under the provisions of Act 150 of the 1965 Acts as amended and is entitled to practice Contracting in the State of Arkansas within the following classification: ------ SPECIALTY Elevators, Escalators, Dumbwaiters, Chairlifts C with yl.n ..11 ' f r•<,,,,} R uggested hid 1i it from January 25, 2002 until when this Certificate expires. UNLIMITED January 31, 2003 Witness our hands of the Board, dated at Little Rock, Arkansas CHAIRMAN SECRETARY January 25, 2002 Single -bottom cylinder replacement. A. Single -bottom cylinder. Piston -a-- Cylinder Cylinder bottom plate The National Safety Code for Elevators and Escalators has a new rule that may affect your hydraulic elevator. Cylinder corrosion. The cylinder of a typical hydraulic elevator is installed in the ground beneath the elevator car. Unless the cylinder is installed inside a protective covering, it is exposed to the risk of corrosion and electrolysis. Soil often contains elements that cause reactions that damage the metal composition of a cylinder. This can cause a cylinder to leak oil, which creates environmental contamination and puts passenger safety at risk. Safety issues. Most hydraulic elevators operate by pumping pressurized oil into the underground cylinder. As the oil enters the cylinder, the piston rises and forces the elevator car upward. To lower the car, oil is gradually released from the cylinder back into a holding tank. If there is a leak in the cylinder and no way to control the flow of oil escaping, then there is no way to control the speed of elevator descent. Elevators with single -bottom cylinders are especially at risk. Code revision. The ASME A17.1-2000, National Elevator Safety Code has a new provision that requires single -bottom cylinders be replaced with double -bottom cylinders or be equipped with code compliant safeties. B. Double -bottom cylinder. Jack head Concrete cap Casing PVC or — HOPE lining Pistor Safety bulkhea with orifice Lining end cap ThyssenKrupp Elevator `i Piston Casing flange Pit mounting bracket \a ` f— Pit floor s a s I a e 1 e e Sand backfill r - casing nder joint is lining ection Single -bottom cylinder replacement. Single -bottom cylinder. Prior to 1971, most hydraulic elevators were designed with a single -bottom cylinder. However, should the bottom plate rupture, there is no safety mechanism to prevent the elevator from descending uncontrollably. Though few incidents like this have occurred, when they have, passengers have been injured. All illustrations and specifications are based on information in effect at time of publication approval. ThyssenKrupp Elevator reserves the right to change specifications or design and to discontinue items without prior notice or obligation. Copyright © 2002 ThyssenKrupp Elevator Corporation SBCR 2002 Printed in u.S.A ThyssenKrupp Elevator P.O. Box 2177 Memphis, TN 38101 Tel: (662) 393-2110 Fax: (662) 342-4309 thyssenkruppelevator. com Buried piping and cylinders are not covered by existing elevator preventive maintenance contracts for obvious reasons. Many of these outdated single -bottom cylinder designs are still in operation. A code compliant cylinder has a safety bulkhead, referred to as a double -bottom cylinder. Double -bottom cylinder. A17.1 elevator code for new installations began requiring the double -bottom cylinder design in 1971 in order to protect against the catastrophic failure of the bottom plate. This cylinder design features a bottom plate plus a safety bulkhead with a relief orifice. Should the bottom plate rup- ture, the orifice will limit the speed of the elevator's decent by allowing only a small amount of oil to escape at a time. The result is a safer mode of trans- portation for passengers. Additional cylinder protection. Even with the additional safety provided by the double -bottom cylinder, buried cylinders can still be affected by underground conditions. For multi -section jacks, ThyssenKrupp recommends the cylinder be encased in a sealed PVC (polyvinyl chloride) casing that includes a means of monitoring for unwanted moisture. The plastic lining acts as a barrier against corrosive activities, which could cause damage to the metal of the unprotected cylinder. Monitoring capability for unwanted water or other liquids, allows maintenance personnel to protect the integrity of your cylinder by making sure corrosive material is not present inside the lining. HDPE protection. For single -section jacks, ThyssenKrupp's High Density Polyethylene (HDPE) jack protection system is the most advanced corrosion protection system available. HDPE is a high quality, high performance thermoplastic manufactured to meet some of the most strin- gent quality standards and specifications used in the piping industry. Our system also includes a bottom cap made of the same HDPE material and is designed to provide an impenetrable seal. An electronic sensor features a miniaturized circuit board, which detects the presence of corrosive material between the HDPE and the cylinder. The end result is a superior product with the durability and flexibility demanded in today's market. ThyssenKrupp Elevator will war- ranty the cylinder for the life of the maintenance contract if HDPE is installed. Our trained professionals are prepared to provide a survey of your elevator to help you determine what corrective actions, if any, may be required to ensure passenger safety and compliance with the code performance requirements. Cylinder Rupture bottommrplate boto1 IJ/, IJ/, + 1 Safety bulkhead with orifice Lining end cap INVITATION TO BID BID # I DATE ISSUED: I DATE AND TIME OF OPENING: 02-66 Oct. 9, 2002 Oct. 25th, 2002, at 2.00 p.m. BUYER: I DATE REQUIRED: City of Fayetteville, AR 30 days ARO F. O. B. I BUYER'S PHONE # GUARANTEED DELIVERY DATE: Fayetteville, AR (501) 575-8289 ITEM # I DESCRIPTION QUANTITY I TOTAL TURNKEY BID Per attached specifications: 1 Furnishing of All Materials, Labor, 1 99ie . 00 and Related Items for the: C1Z.4 Elevator Rebuild/Repair TOTAL TURNKEY BID: $24 Schedule: Delivery of Jack Casii.g from factory after excuted contract, 2-3 weeks. Installation of equiprient after delivery of equipment to jobsite, 2 1/2 to 3 w eks. 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 insur nce is submit ed after award of contract. (specimen enclosed) 2. See attached proposal which ncludes, specifications, completion §chedule and jack informatioi as requested Note: See special conditions item #1 on Re1 air Order dated 10/25/02 for hole clause. 3. Jack warranty form attached. Contractor's License No# Subcontractor: ThysseKninn El evator Co. 0022880103 RESTRICTIONS OR EXCEPTIONS TO THE BID MUST BE NOTED: 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 furnish 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 5477 S 1081 Av Tulsa OK 74146 TH RIZ D TURE: TITLE: DATE: Branch Manager 10/25/02 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 jack.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. CITY OF FAYETTEVILLE, ARKANSAS Terms and Conditions 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. 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. 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, T ssenKrupp Elevator Steve Broom Service/Repair Sales ThyssenKrupp Elevator 5477 South 108th East Ave Tulsa, OK 74146 Telephone (918) 665-2040 Fax: (918) 665-2063 ThyssenKrupp Elevator Repair Order. Date: October 25, 2002 Attention: Mr. Coy Hurd Building: Fayetteville Police Courts Building Address: 100 W Rock Address: 100 W Rock City: Fayetteville, Ark 72701 City: Fayetteville, Ark 72701 Service contract#: N/A Telephone: (479) 575-8361 Elevator serial #: 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: V 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 O.D. 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 1h - 3 weeks. 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) Purchaser agrees to provide a safe, accessible storage area for placement of D.O.T. 55 Gallon containers for the purpose of spoils containment. Any spoils or water testing by others or delays due to such testing are not included in this proposal. The hiring of a disposal company is the responsibility of Purchaser, and MUST be discussed prior to any material being ordered or work being scheduled. ThyssenKrupp will provide environmental services ONLY if this is specifically included under the "Scope of Work" section above. ThyssenKrupp assumes no responsibility and/or liability in any way whatsoever for spoils or other contamination that may be present as a result of the cylinder breach and/or other conditions present on the work site. 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 HOPE 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. Unless otherwise stated, you agree to pay as follows: 50% upon signed acceptance and 50% upon completion. 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 POLICE COURTS BUILDING By: (Signature of Authorized Individual) (Printed or Typed Name) Title: Date: ThyssenKrupp Elevator Corporation: 5206 S 60th Place Rogers, Ark 777�758 By: tune f C� rupp EIe (Signature of ThyssenKrupp Ele epresentative) Steve Broom, Service/Repair Sales (479) 751-0222 Date: Approved by: Title: Branch Manager Date: ,----.-,.---• r't -,—.a---- . .... ,a.-. _ _•_.... ,.. . .... ;• , :-mlt., , .. ....... ...-. .n ..--.- Repair Order. Page 3 of 3 "Te'timsand 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, ormanager 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. In consideration of ThyssenKrupp Elevator performing the services herein specified, you expressly agree to indemnify, defend, save harmless, discharge, release and forever acquit ThyssenKrupp Elevator, our officers, agents and employees from and against any and all claims, demands, suits, and proceedings brought against us or our employees of any nature whatsoever, including but not limited to loss, damage, injury or death that are alleged to have arisen from or alleged to be in connection with the presence, use, misuse, maintenance, installation, removal, manufacture, design, operation or condition of the equipment covered by this agreement, or the associated areas surrounding such equipment, specifically including claims or losses alleged or proved to have arisen from the joint or sole negligence of ThyssenKrupp Elevator or our employees. 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 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 rh% 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. t. f:3Ii :•►D Bond No. 81470854-118 Amount $5% OF TENDER PRICE Know All Men By These Presents, That we, 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 ( $5% 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. THYSSENKRUPP ELEVATOR CORPORATION Principal Sharma Morgan By: Cont dministr Federal Inorance Company Forth 15-02-0002 (Rev. 4-90) M-24705 (20MI Chubb POWER Federal Insurance Company Attn: Surety Department C Surety 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 NewYork 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 Attorney -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 5th day of March, 200 2 STATE OF NEW JERSEY $s. County of Somerset ra E. Robertson, Vice P sident 7 On this 5th day of March, 2002 , before me, a Notary Public of New Jersey, personally came Sheryl B. Roberts, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, Me companies which executed the foregoing Power of Attorney, and the said Sheryl B. Roberts being by me duly sworn, did depose and say that she isAssistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seats and were thereto affixed by authority of the By -Laws of said Companies; and that she signed said Powerof Attorney asAssistant Secretary of said Companies by like authority; and that she Is acquainted with Frank E. (Rwoi�b�e,rtrtson, 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 hart narGlpftf Pflg E. Robertson, and was thereto subscribed by authority of said By -Laws and in deponent's presence. �N A Note Notary Public State of New Jersey �= /m No. 2231647 U sa Commission Expires Oct. 28, 2004 Fi 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 behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman 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 attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -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 attorney 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, (fl) 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 force and effect Given under my hand and seals of said Companies at Warren, NJ this 17th day of October. 2002 O"2D ♦ -U'5 'i 7 %sjy' 'YEW Y00.� SI4ryl B. Roberts, Assistant Sec a 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 Form I5tb-ofs-A (Ed. 4-99) CONSENT. INVITATION TO BID BID # I DATE ISSUED: I DATE AND TIME OF OPENING: 02-66 I Oct. 9 2002 I Oct 25th 2002 at 2.00 p.m. BUYER: I DATE REQUIRED: City of Fayetteville, AR I 30 days ARO F. O. B. I BUYER'S PHONE # I GUARANTEED DELIVERY DATE: Fayetteville, AR (501) 575-8289 ITEM # P DESCRIPTION QUANTITY I TOTAL TURNKEY BID Per attached specifications: 1 I 1 Furnishing of All Materials, Labor, 1 / ( tZ4 99(a . OO and Related Items for the: \ Elevator Rebuild/Repair TOTAL TURNKEY BID: 74 9Qh 00 Schedule: Delivery of Jack Casi1Lg from factory after excuted contract, 2-3 weeks. Installation of equiptient 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 insurrnce is submit ed after award of contract. (specimen enclosed) 2. See attached proposal which ncludes, specifications, completion schedule and jack informatioi as requested Note: See special conditions item !11 on ReT air Order dated 10/25/02 for hole clause. 3. Jack warranty form attached. Contractor's License No# Subcontractor: ThySsenxrnyp F1 evator Co. 0022880103 RESTRICTIONS OR EXCEPTIONS TO THE BID MUST BE NOTED: 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 furnish these articles at the prices stated. UNSIGNED NAME OF FIRM: I PHONE: j FED ID# BIDS ThyssenKrupp Elevator Co.4501 751-0222 62-1211267 WILL BE BUSINESS ADDRESS: CITY AND STATE: ZIP: REJECTED 10 h E A Tulsa OK 74146 H RI E ATURE: ITLE: DATE: Branch Manager I 10/25/02 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 jack.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. 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. 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, 113W. 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 contractors 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. . S. 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 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, T ssenKrupp Elevator Steve Broom Service/Repair Sales ThyssenKrupp Elevator 5477 South 108`° East Ave Tulsa, OK 74146 Telephone (918) 665-2040 Fax: (918) 665-2063 ThyssenKrupp Elevator Steve Broom Service/Repair Sales Representative ThyssenKrupp Elevator Corporation 5206 S. 60th Place, Rogers, AR 72758 Phone: (501) 751-0222 Springdale, (501) 783-2003 Ft. Smith Cell: (479) 366-9395, Fax: (918) 665-2063 E-mail: steve.broom@thyssenkruppelevator.com Internet: wrox.thyssenlauppelevator.com ThyssenKrupp Elevator Repair Order. Date: October 25, 2002 Attention: Mr. Coy Hurd Building: Fayetteville Police Courts Building Address: 100 W Rock Address: 100 W Rock City: Fayetteville, Ark 72701 City: Fayetteville, Ark 72701 Service contract#: N/A Telephone: (479) 575-8361 Elevator serial #: 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 O.D. 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) V 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 21h -3 weeks. 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) Purchaser agrees to provide a safe, accessible storage area for placement of D.O.T. 55 Gallon containers for the purpose of spoils containment. Any spoils or water testing by others or delays due to such testing are not included in this proposal. The hiring of a disposal company is the responsibility of Purchaser, and MUST be discussed prior to any material being ordered or work being scheduled. ThyssenKrupp will provide environmental services ONLY if this is specifically included under the "Scope of Work" section above. ThyssenKrupp assumes no responsibility and/or liability in any way whatsoever for spoils or other contamination that may be present as a result of the cylinder breach and/or other conditions present on the work site. 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 ($24996.00) 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. Unless otherwise stated, you agree to pay as follows: 50% upon signed acceptance and 50% upon completion. 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 POLICE COURTS BUILDING By: (Signature of Authorized Individual) (Printed or Typed Name) Title: Date: ThyssenKrupp Elevator Corporation: 5206 S 60th Place Rogers, Arrkk 7 758 By: (�ignaThy en WPP EI epresen a Steve Broom, Service/Repair Sales (479) 751-0222 Date: /0�22•�0 Zi Approved by: Title: Branch Manager Date: Repair Order. Page 3 of 3 '`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. In consideration of ThyssenKrupp Elevator performing the services herein specified, you expressly agree to indemnify, defend, save harmless, discharge, release and forever acquit ThyssenKrupp Elevator, our officers, agents and employees from and against any and all claims, demands, suits, and proceedings brought against us or our employees of any nature whatsoever, including but not limited to loss, damage, injury or death that are alleged to have arisen from or alleged to be in connection with the presence, use, misuse, maintenance, installation, removal, manufacture, design, operation or condition of the equipment covered by this agreement, or the associated areas surrounding such equipment, specifically including claims or losses alleged or proved to have arisen from the joint or sole negligence of ThyssenKrupp Elevator or our employees. 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 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°/a 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. -tee...-.- �.. .. .. .. • >-.. ..... - 4 ,.. .. T�_.T... .. I. BID BOND Bond No. 81470854-118 Amount $5% OF TENDER PRICE Know All Men By These Presents, That we, 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 ( S5% 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. THYSSENKRUPP ELEVATOR CORPORATION Principal P_ , Sharma Morgan Federal Insrance Company By: ri/, Kathy Ness, Form 15-02-0002 (Rev. 4-90) M-24705 20M) Chubb POWER Federal Insurance Company Attn: Surety Department C Surety 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 Attorney -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 5th day of March, 2002 STATE OF NEW JERSEY ss. County of Somerset sident /�F"ra E. Robertson, Vice P e on this 5th day of March, 2002 . before me, a Notary Public of New Jersey, personally came Sheryl B. Roberts. to me known 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, did depose and say Mat she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the 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 as Assistant 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 hanffpf P7e E. Robertson, and was thereto subscribed by authority of said By -Laws and in deponent's presence. al No UTAR 9m Notary Public State of New Jersey 22res Oc i `I,l„ uBLI s� Commission E�ireOct. 28, 2004 k1.Xi4 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 behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman 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 attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -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 attorney 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, (fi) 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 force and effect. Given under my hand and seals of said Companies at Warren, NJ this 17th day of October • 2002 "111 s * 'K$te115`a �'yE1y ypft'F+ beryl 6. Roberts, Assistant 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 Fpm 15.1q.a725-A (Ed. 4-99) CONSENT