HomeMy WebLinkAbout17-07 RESOLUTIONRESOLUTION NO. 17-07
A RESOLUTION TO APPROVE A CONTRACT WITH
THYSSEN KRUPP ELEVATOR COMPANY IN THE AMOUNT
OF $53,000.00 WITH A PROJECT CONTINGENCY OF
$5,300.00
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 approves
the elevator contract with Thyssen Krupp Elevator, Inc. (attached as Exhibit "A") in the amount
of $53,000.00 with a project contingency of $5,300.00.
PASSED and APPROVED this 6th day of February, 2007.
APPROVED: ATTEST:
By
DAN COODY, Mayor
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•
SO RA SMITH, City Clerk/Treasurer
40*
•
City of Fayetteville
Bid 06-63, City Administration Elevator Renovation Re -Bid
Contract
This contract executed this 4day of O4ruar {, 2007, between the City of Fayetteville, Arkansas, and
Thyssen Krupp Elevator. In consideration of the mutual covenants contained herein, the parties agree as
follows:
Thyssen Krupp Elevator at its own cost and expense shall furnish all labor, materials, supplies,
machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and
services necessary to complete items bid per bid 06-63 as stated in Thyssen Krupp Elevator bid
proposal, and in accordance with specifications attached hereto and made a part hereof under Bid #06-
63, all included herein as if spelled out word for word. ,
The City of Fayetteville shall pay Thyssen Krupp Elevator based on their bid proposal in an amount not
to exceed $53 000.00 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.
3. The Contract documents which comprise the contract between the City of Fayetteville and Thyssen
Krupp Elevator consist of this Contract and the following documents attached hereto, and made a part
hereof:
A. Bid form identified as Invitation to Bid 06-63 with the specifications and conditions typed
thereon.
Thyssen Krupp Elevator bid proposal.
C. The Notice to Prospective Bidders and the Bid Tabulation.
4. These Contract documents constitute the entire agreement between the City of Fayetteville and Thyssen
Krupp Elevator and may be modified only by a duly executed written instrument signed by the City of
Fayetteville and Thyssen Krupp Elevator.
5. Thyssen Krupp Elevator shall not assign its duties under the terms of this agreement.
•
6. Thyssen Krupp Elevator agrees to hold the City of Fayetteville harmless and indemnify the City of
Fayetteville, against any and all claims for property damage, personal injury or death, arising from
Thyssen Krupp Elevator performance of this contract. This clause shall not in any form or manner be
construed to waive that tort immunity set forth under Arkansas Law.
7. Thyssen Krupp Elevator shall furnish a certificate of insurance addressed to the City of Fayetteville,
showing that he carries the following insurance which shall be maintained throughout the term of the
Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's
compensation insurance. In case any employee engaged in work on the project under this contract is
not protected under Worker's Compensation Insurance, Thyssen Krupp Elevator 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.
•
•
Workmen's Compensation
Comprehensive General &
Automobile Insurance
Bodily Injury Liability
Property Damage Liability
Statutory Amount
$500,000 for each person injured.
$1,000,000 for each accident.
$1,000,000 aggregate.
The premiums for all insurance and the bond required herein shall be paid by Thyssen Krupp Elevator.
Thyssen Krupp Elevator to famish proof of licensure as required by all local and state agencies.
9. This contract may be terminated by the City of Fayetteville or Thyssen Krupp Elevator with 10 days
written notice.
10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing
city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the contractor will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs
pursuant to the FOIA may be assessed for this compliance.
11. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees
to this contract shall not be allowed without a prior formal contract amendment approved by
the Mayor and the City Council in advance of the change in scope, cost or fees.
WITNESS OUR HANDS THIS 64 DAY OF2007.
ATTEST:
CITY OF FAYETTEVILLE,
YETTE ILLE, ARKANSAS
COODY, Mayor
Attest:
Sondra Smith, City Clerk
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Coy Hurd, Project Manager
Submitted By
.4
City of Fayetteville
Staff Review Form
Contract
City Council Meeting of 216/07
Building Services
Division
Action Required:
Operations .
/7-07
Department
The action required is the review and approval of the attached contract by the Mayor and City Council. This contract
is to the ThyssenKrupp Elevator Company for the renovation of the elevator in the City Administration Building. The
contract amount is $53,000. In addition, Staff requests a project contingency of $5,300. The total amount of the
request is $58,300. Please note the attached memorandum of explanation.
•
$58,300
Cost of this request
4470 9470 5314 00
Account Number
02046
Project Number
Budgeted Item
XX
307,400.00
Category / Project Budget
Building Improvements
Program Category / Project Name
22 485 00 Other Capital Imporvements
Funds Used to Date Program / Project Category Name
284,915.00 Sales tax
Remaining Balance Fund Name
Budget Adjustment Attached
11.:All
..ttom�
epartmerlt vector
1.01.01
City Attomey
Finance and Internal Service Director
Mayor
Date
22-0?
Date
l - 2, 3 -67
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number.
Received in P i ffig`lecd "office
1'l til
Comments:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
MEMORANDUM
TO: Mayor Dan Coody and the Fayetteville City Council
THROUGH: Gary Dumas, Operations Director
FROM: Coy Hurd, Project Manage
DATE: January 19, 2007
SUBJECT: Review of contract for the renovation of the elevator in the
City Administration Building
Recommendation:
The Staff recommends that City Council and Mayor review and approve (and the Mayor
sign) the attached contract for the work associated with renovating the elevator in the
City Administration Building.
Background:
The elevator which serves the City Administration Building is a most important element
in the efficient functioning of the work environment there. Once this system is down, it
becomes very evident how important it really is. The present elevator was installed in the
building renovation of 1984, and has had little improvement since that time, other than
general maintenance and attention when it malfunctions In the recent past, years of use
have taken a toll on the elevator equipment. A total overhaul of this system has been
planned.
1/19 memo, page two
Discussion:
Bid documents were prepared by GA Engineers, and a bid opening was held for the work
on November 30, 2006. The low bid was submitted by the ThyssenKrupp Elevator
Company. Their bid for the work was $53,000. We are planning to schedule this work in
the spring of 2007; it will take about two weeks to accomplish.
Budgetary Impact:
This request is for the bid amount of $53,000 and a project contingency of $5,300 (total
of $58,300). Other supporting work will be done under existing, on-call contracts.
Electrical work will cost about $13,000 and HVAC work will cost about $18,000; these
costs are not included in the present request.
The $58,300 for the ThyssenKrupp scope of work has been budgeted, and resides in the
Building Improvements Category.
•
RESOLUTION NO.
A RESOLUTION TO APPROVE A CONTRACT WITH THYSSEN
KRUPP ELEVATOR COMPANY IN THE AMOUNT OF $53,000.00
WITH A PROJECT CONTINGENCY OF $5,300.00
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
approves the elevator contract with Thyssen Krupp Elevator, Inc. (attached as Exhibit
"A") in the amount of $53,000.00 with a project contingency of $5,300.00.
PASSED and APPROVED this 6t^ day of February, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
•
•
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Hurd, Coy
2.14.07 1:57 PM
Res. 17-07
17-07 Thyssen Krupp Elevator Co.pdf
CC: Audit
Coy:
Attached is a copy of the above resolution passed by City Council, February 6, 2007 regarding Thyssen Krupp Elevator
Company. I will forward to you via interoffice mail one of two originals of the agreement. If anything else is needed for
this item please let me know. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@cilayetteville.ar.us
•
(2.14.07)
Clarice
Pearman -
Res. 17-07
Page 1
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Hurd, Coy
2.14.07 1:57 PM
Res. 17-07
17-07 Thyssen Krupp Elevator Co.pdf
CC: Audit
Coy:
Attached is a copy of the above resolution passed by City Council, February 6, 2007 regarding Thyssen Krupp Elevator
Company. I will forward to you via interoffice mail one of two originals of the agreement. If anything else is needed for
this item please let me know. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@cilayetteville.ar.us
•
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No.82059489
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
ThyssenKrupp Elevator Corporation
2801 Network Drive; Suite 700
Frisco TX
75034
SURETY (Name and Principal Place of Business):
Federal Insurance Company
15 Mountain View Road., P.O. Box 1615
07061
Warren NJ -1615
OWNER (Name and Address):
City of Fayetteville
113 West Mountain Street
Fayetteville AR 72701
CONSTRUCTION CONTRACT
Date: February 6, 2007
Amount: ($ 53,000.00 ) Fifty Three Thousand Dollars and 00/100
Description (Name and Ldcation):Modernization of One (1) Hydraulic Elevator at Fayetteville City Hall
BOND
Date (Not earlier than Construction Contract Date): May 24, 2007
Amount: ($53,000.00 ) Fifty Three Thousand Dollars and 00/100
Modifications to this Bond: ® None
*-G. CONTRACTOR AS PRINCIPAL
�� 9,company :41 (Corporate Seal)
-'d ThyssenKrupp Elevat.� .oT ti n
ri x' Signature• e'
Sr": *Q• Name' -and Tule Steve NomS
'#. 4% 1. Contract Admin. Mar.
X4:4 _(Any additional signatures appear on page )
-rt_
SURETY
Company: (Cur
t,. `M•.
�' �• f•.
-.a"
_ See Pame 3, 'cam
to Seal) t\\
Federal Insurfi - Company
Signature
Name a • Title: Adrienne C Stevenson
Attorney -in -Fact
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Willis of Illinois, Inc. other party):
10 S. LaSalle Street, Suite 3000
Chicago IL 60603
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA CR
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 1
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. 0 the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
•
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time. to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. 0 the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail -
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con -
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
SURETY
(Corporate Seal) Company:
(Corporate Seal)
Signature: Signature•
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 3
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 82059489
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
ThyssenKrupp Elevator Corporation
2801 Network Drive; Suite 700
Frisco TX 75034
SURETY (Name and Principal Place of Business):
Federal Insurance Company
15 Mountain View Road., P.O. Box 1615
Warren NJ 07061-1615
OWNER (Name and Address):
City of Fayetteville
113 West Mountain Street
Fayetteville AR 72701
CONSTRUCTION CONTRACT
Date: February 6, 2007
Amount: ($53,000.00 ) Fifty Three Thousand Dollars and 00/100
Description (Name and Location): Modernization of One (1) Hydraulic Elevator
BOND
Date (Not earlier than Construction Contract Date): May 24, 2007
Dollars and 00/100
® None
Amount: ($ 53,000.00 ) Fifty Three Thousand
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Compariy.':
C. `
NNeFhyssenKrupp: Ele
^- natu
Slre -
Name and itleT
(Corporate Seal)
on
StflV�l4 i(lorris
Contract Admin. Mgr.
of. %j,) n`y.add ionaaI signatures appear on page )
SURETY
Company:
Federallnsur- Company
Signature
Name and Ttle: Adrienne C. Stevenson
Attorney -in -Fact
at Fayetteville City Hall
}
t I See=Page 6
%r te
(Cor�GtatP
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Willis of Illinois, Inc. other party):
10 S. LaSalle Street; Suite 3000
Chicago IL 60603
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA OD
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 4
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference
2 With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims,
if any, under any Construction Performance Bond. By
the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
ity to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
or to related subcontracts, purchase orders and other
obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AI Al.
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. NW.. WASHINGTON. D.C. 70006
THIRD PRINTING • MARCH 1987
A312-1984 5
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's hen may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
SURETY
(Corporate Seal) Company:
(Corporate Seal)
Signature: Signature -
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 73/
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 6
STATE OF ILLINOIS
COUNTY OF COOK
On this 24th day of MaY , 2007, before me
personally came Adrienne C. Stevenson to
me known, who being by so duly sworn, did depose and say: that he/she is
Attorney -In -Fact of Federal Insurance Company
the Corporation described in and which executed the foregoing instrument,
that he/she knows the seal of said Corporation; that the seal affixed to said
instrument is such corporate seal; that is was so affixed by authority
granted to him/her in accordance with the By -Laws of the said Corporation,
and that he/she signed his/her name thereto by like authority.
'OFFICIAL SEAL!
RHONDA CLARK
NOTARY PUBLIC, STATE OF IWNOIS
MY COMMISSION EXPIRES JULY 14, 2009
Racutda %tat4
NOTARY PUBLIC
My Commission Expires
July 14, 2009
Chubb
Surety
. POWER
OF
ATTORNEY
Federal Insurance Company
Vigilant Insurance Company
Pacific Indemnity Company
Attn: Surety Department
15 Mountain View Road
Warren, NJ 07059
Know AB by These Pr sents, That FEDERAL INSURANCE COMPANY, an Indiana corporation. VIGILANT INSURANCE COMPANY, a New Yak corporation, and PACIFIC
INDEMNITY COMPANY, a Wisconsin corporation, do cath hereby canaille and appoint John K. Johnson, Patricia M. Stein, Adrienne C.
Stevenson, Candice T. Stevenson and Duane C. Trombetta of Chicago, Illinois
each as their We and bv.thA Attorney- in- Fad b nxarte under such designation in their names and to affix their corporate seals 'b and deliver for and on their behalf as surety
thereat or oSreivAse, binds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given a executed in the course of business, and any
instruments amending or altering the same, and consents to the nndifcaca or albs -arson of any Inslnanerd referred to b said bonds or obfigatons.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
mese presents and affixed their corporate seam on this 24 th day of January, 2006.
L_fess ec LSe
eth C. Wendel Assistant Secretary
STATE OF NEW JERSEY
ss.
Courtly of Somerset *
on et 24. th day of January, .20D6 before me, a Notary Public of New Jersey, pesonatly come Kermeth C. Wendel, to me
known b be Assistant Smetary of FEDERAL INSURANCE GERMANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the canpaNes which
executed the foregoing Power of AlIoiney, and the said Kenneth C. Wendel, being by me duly swum, did depose and say that he 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 he signed said Power of Attorney as
Assistant Secretary of said Companies by like authority, and that ha Is acquainted with John P. Smith, and knows him b be Vice President of said Companies-, and that the
signature of John P. acro,. subscribed to said Prover of Attorney Is h the genuine handwd5ng of John P. Smith, and was thereto subscribed by authority of said By- Laws and in
deponents pres
Notarial Seal
D. 00490
AOTArli, -1
MARiA Q SCASOIGNO
Noiory PubSiat i otN.w Jitney
No. 2229781
Comnieaion Wins Sap 25, 2009
difeta,a,‘A ' / Nota s
CERTIFICATION
Extract horn the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
'N powers of attorney for and on behalf of the Company may and shall be exewed In the name and on behalf of the Company. either by the Chairman or the
Pmsden or a Vice President or an Assistant Vice President, joinly who the Secretary or an Assistant Secretary, under their respa five designations. The
signature of such officers may be engraved. pointed or lithographed. The signature of each of the following officers: Chairman, President any Vice President any
Assistant Vice President any Secretary, any Assistant Seaetary and the seal of the Company may be affects' by faaboile to any power of attorney or m any
certificate retatng thereto appointing Assistant Secretaries or Attorneys- In- Fad for purposes only of exeargng and attesting bonds and undertakings and other
wanes obligatory hi the nature thereof, and any such power d attorney or certificate bearing such tarsimle signature or facsimile seal shall be valid and binding
upon Me Company and any such power so executed and certified by such facsimile signature and facamhle seal shag be valid and binding upon the Company
with respell In any bond a undedaldng to which I is attached'
I, Kenneth C. Weidel Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the 'Companies" do hereby certify that
() the foregoing extract dthe By- Laws d the Companies is true and mined,
(g the Companies are duly licensed and authorized to Mansard surely business in a 50 of the United Stales of America and the District of Columbia and are
authorized by the U.S. Treasury Deparimert further. Federal and Vigilant are licensed in Puerto Rim and the U.S. Virgin Islands. and Federal is licensed in
American Samoa, Guam. and each of the Provnms of Canada except Prince Edward Island; and c``{ 1-44 ?40),
�� = r +yfFr—
_%og
?
�,.
YY1�'
(aj the foregoing Power of Attorney is eve, coned and in int face and effect.
Given under my hand and seals of said Companies at Warren, NJ this May 24, 2007
C. Wenflel. 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- 3493 Fax (908) 903- 3656
e-mait surety�chubb.com
Form 15-10- 022513- U (Ed. 5- D3) CONSENT
ti
THYSSENKRUPP ELEVATOR
2801 NETWORK BLVD. STE 700
FRISCO..TX 75034-0000
(866) 864-2596 (PHONE)
(972) 963-5220 (FAX)
We would appreciate your assistance in furnishing to our Billing Department the following requested
information. This will enable our requisitions to be submitted to you complete and on a timely
basis to be included in your pay requests.
1
Please return to the above address to your Construction Coordinator: JEAN PRYOR
PROJECT: FAYETTEVILLE CITY HA JOB NUMBER: 079FX2504
Billing Name & Address:
Contact Person:
Your Job or PO #:
Phone Number:
Fax Number:
If any forms are required, OTHER than our standard invoice for any of the following items, please
indicate and attach samples or contact us at above toll free number for e-mail instructions.
Application for Payment forms
Stored Material
Affidavit
Suppliers Waivers
Consent of Surety
YES,
YES,
YES
YES
YES
NO
NO
NO
NO
NO
Email electronic forms to
Jean.pryor@thyssenkrupp.com
Additional Comments:
G706 & 706A
If yes, check one:
After Final
With Billing
Waiver -Release
If yes, check one:
After Payment
With Billing
YES_ NO
YES NO
YES NO
YES_ NO
YES_ NO
YES NO
Retainage
•
ThyssenKrupp Elevator
CBB041-B
FDL053
AFFADAVIT OF SIGNATURE AUTHORIZATION
I, Barry Stewart, hereby certify that I am the duly appointed and qualified President of
THYSSENKRUPP ELEVATOR CORPORATION — Southwest Region, a private Corporation in the
United States, being a wholly owned subsidiary of THYSSENKRUPP AG, a public German
Corporation, and I have the authority to bind the corporation and duly appoint parties as needed
as corporate signatones. I further certify that the following is a full, true and correct copy of the
resolution adopted effective October 1, 2004, and that the resolution has not been annulled,
rescinded, or revoked and remains in full force and effect.
BE IT RESOLVED: That Steven Norris, Contract Administration Manager, is hereby authorized and
empowered to execute for and in the name of the Corporation all forms of contracts, novation
agreements, bonds, bid documents, affidavits and lien releases, and any and all other
documents required thereof for and on behalf of the Corporation until such authorization and
empowerment is revoked.
I further certify that there is no provision in the Articles of Incorporation or the Bylaws of
the Corporation limited the power of the President of the Region to assign such power to the
above stated appointee.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal RUM , Corporation this 3_
Y e 20 4``%%%% %%%%%
47.1 Cli r - j
Barry Stew
President — Southwest Region
Subscribed and sworn to before me this— day of ��hti� � 20r'Li,
PAULINE FAY JOAS
Notary Public
STATE OF TOWS
My Commission Expires
March 30, 2009
ThyssenKrupp Elevator
CONTRACT ADMINSTRATION DEPARTMENT
TRANSMITTAL
Wednesday, May 23, 2007
Company: FAYETTEVILLE CITY HALL
113 WEST MOUNTAIN STREET
FAYETTEVILLE, AR 72701
Attention: COY HURD
Project: FAYETTEVIILE CITY HALL 079FX2504
escription •
FULLY EXECUTED CONTRACT FOR YOUR FILES
PERFORMANCE AND PAYMENT BONDS,:.
INSURANCE CERTIFICATE STANDARD
BILLING INFORMATION FORM
Remarks: Enclosed, find the above item(s) for the referenced project.
If you have any questions, please contact us.
Sincerely,
Steven Norris
Contract Administrator
ThyssenKrupp Elevator Corporation
cc Sales Office/File
ThyssenKrupp Elevator Corporation
2801 Network Blvd, Suite 700
Frisco, TX 75034
Telephone: (972) 963-5200
Fax: (972) 963-5223
E-mail: steven.norris@thyssenkrupp.com
Internet: www.thyssenkrupp.com
4
•
f
City of Fayetteville
Bid 06-63, City Administration Elevator Renovation Re -Bi
Contract
0'
PURCH.I DEPT
MAY 3 0 2007
CITY OF
rAYCTmrVIuz
�`I11 b�t� tZtand
contract executed this day of .Fk ( Y , 2007, between the City of Fayetteville, Arkansas, and
Thyssen Krupp Elevator. In consideration of the mutual covenants contained herein, the parties agree as
follows:
do
1. Thyssen Krupp Elevator at its own cost and expense shall furnish all labor, materials, supplies,
machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and
services necessary to complete items bid per bid 06-63 as stated in Thyssen Krupp Elevator bid
proposal, and in accordance with specifications attached hereto and made a part hereof under Bid #06-
63, all included herein as if spelled out word for word.
2. The City of Fayetteville shall pay Thyssen Krupp Elevator based on their bid proposal in an amount not
to exceed $53,000.00 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.
3. The Contract documents which comprise the contract between the City of Fayetteville and Thyssen
Krupp Elevator consist of this Contract and the following documents attached hereto, and made a part
hereof:
Bid form identified as Invitation to Bid 06-63 with the specifications and conditions typed
thereon.
B. Thyssen Krupp Elevator bid proposal.
C. The Notice to Prospective Bidders and the Bid Tabulation.
4
4. These Contract documents constitute the entire agreement between the City of Fayetteville and Thyssen
Knipp Elevator and may be modified only by a duly executed written instrument signed by the City of
Fayetteville and Thyssen Krupp Elevator.
5. Thyssen Krupp Elevator shall not assign its duties under the terms of this agreement.
6. Thyssen Krupp Elevator agrees to hold the City of Fayetteville harmless and indemnify the City of
Fayetteville, against any and all claims for property damage, personal injury or death, arising from
Thyssen Krupp Elevator performance of this contract. This clause shall not in any form or manner be
construed to -waive that tort immunity set forth under Arkansas Law.
•
7. Thyssen Krupp Elevator shall furnish a certificate of insurance addressed to the City of Fayetteville, •
showing that he carries the following insurance which shall be maintained throughout the term of the
Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's
compensation insurance. In case any employee engaged in work on the project under this contract is
not protected under Worker's Compensation Insurance, Thyssen Krupp Elevator 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.
•
•