Thyssenkrupp Elevator Corporation ~ CP19007 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THISFORMMUSTAccompANYEYERYCONTRACT)
Contract Tide: Elevator Modernization Senior Center Number:
Contractor: Thyssen Krupp Contract Total: 81,595.00
Contract Overview: Elevator modernization and over-haul including but not limited to: New;tank,
motor,pump,valves, operating panel,chimes,lighting,interlocks and ADA
compliant interfaces
Initial Risk Level: ❑ Extreme E] High ❑ Moderate ❑ Low
Risk Reduction Steps: Ensure contractor follows State of Oregon and OSHA protocols for elevator safety
including lock-out tag-out, ensure work area is12rope113:and securely cordoned off to protect senior center
patrons and not allow anyone to enter work area unsupervised Ensure all work is inspected by State of
Oregon elevator inspector.
Risk Comments:
Risk Signature:
Contract Manager: Kevin Cole Ext: 2588 Department: CS-Facilities
Type: ❑ Personal Svc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp ® General Svc
❑ Engineering Svc ❑ Other: Start Date: End Date:
Quotes/Bids/Proposal: FIRM Amouw/ScoRE
OTIS 87 554.00
KONE Declined
THYSSENKRUP 81 595.00
Account String: Fund-Division-Account Work Order—Activity Tyke Amount
FY 18-19 650-6400-56002-41019-650-41 81 595.00
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature: A�
Purchasing Comments: '[ CW
Purchasing Signature:
City Manager Comme .
City Manager Signature: -`'%1���
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
� 1°/�7
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
TIGARD SENIOR CENTER ELEVATOR MODERNIZATION
THIS CONTRACT,made and entered into this 31"day of January,2019,by and between the City of Tigard,
a municipal corporation of the State of Oregon,hereinafter called"City"and thyssenkrupp Elevator Corporation
hereinafter called"Contractor",duly authorized to perform such setvices in Oregon.
RECITALS
WHEREAS,the City requires services which Contractor is capable of providing,under terms and conditions
hereinafter described;and
WHEREAS,time is of the essence in this contract and all work under this contract shall be completed within
the time period stated in the Bid Proposal;
THEREFORE,in consideration of the promises and covenants contained herein, the parties hereby agree as
follows:
TERMS OF AGREEMENT
1. Services
Contractor's services on the Senior Center elevator under this Agreement shall consist of the following:
A. Pump Unit Replacement
B. Control System Replacement
C. Car Door Equipment Replacement
D. Main Car Station Replacement
E. New Hall Station Fixtures
F. New Hoistway Equipment and Wilting
G. New Pit Ladder,Switches,and Valves
H. Testing and Inspection
1. Prevailing Wage
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining
to minimum salaries and wages are incorporated herein by reference as if fully set forth. The Contractor
agrees that the workmen in each trade or occupation .required for the work to be done pursuant to the
contract, employed in the performance of the Contract, either by the Contractor or Subcontractor or
other person doing or contracting to do any part of the work contemplated by the Contractor shall be
paid not less than the prevailing, minimum hourly rate of wage specified by the Commissioner of the
Bureau of Labor,and attached hereto.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing
Wage Rate requirements, the Contractor must ensure that workers will be paid the higher of the
applicable federal or state rate. If the Contractor fails to pay for labor or services, the City may pay for
those labor and services and withhold these amounts from payment s that are due the Contractor in
accordance with URS 279C.515
Contractor shall provide proof as requested to the City prior to the beginning of any of the work that the
Contractor has filed a public wanks bond with a corporate surety in the amount of$30,000 with the
Construction Contractors Board as required under Oregon PWR law. Contractor shall also require in
every subcontract to this Agreement that the subcontractor file a public works bond with the
2019 PI—Tigard Senior Center 1_.lLvator Ilv'IodeniizaLion
Constriction Contractors Board in the amount of$30,000 prior to starting work on this project unless
otherwise exempt.
For contracts$50,000 or greater,the City shall pay a fee equal to one-tenth of one percent(.001) of the
price of the contract to the Bureau of Labor and Industries. The fee shall be paid on or before the first
progress payment or sixty(60)days from the date work first began,whichever comes first.
3. Pre-Construction Conference
Contractor and listed subcontractors shall attend and participate in any pre-construction conferences
described or listed in the general conditions before any work is started on the project site.
4. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared
by the City and performance pertaining to this Agreement, in the City of Tigard, Oregon, and by tlus
reference made a part hereof to the same legal force and effect as if set forth herein in full. The contract
documents include this contract,including any and all attachments and exhibits.
5. Ciity's Representative
For purposes hereof, the City's authorized representative will be Kevin Cole who can be reached by
telephone at(503)718-2588 or by email at kevinc@tigard-or.gov.
6. Contractor's Representative
For purpose hereof, the Contractor's authorized representative will be Nolan Bristow who can be
reached by telephone at (503) 915-7498 or by email at nolan.bristow an�.thyssenknrpp.corn.
7. Contractor Identiification
Contractor shall furnish to the City the Contractor's employer identification number, as designated by
the Internal Revenue Service,or Contractor's social security number,as City deems applicable.
8. Compensation
A. Progress Payments: City agrees to pay Contractor Eighty One Thousand Five Hundred
Ninety Five and No/100 Dollars ($81,595.00) for performance of those services provided
hereunder,which payment shall be based upon the following applicable terms:
The City will pay only for measured Pay Item quantities incorporated into the Work or
performed according to the terms of the Agreement. The Contractor understands and agrees
that Pay Item quantities listed in the Schedule of Items do not govern payment.
Payment constitutes full compensation to the Contractor for.furnishing all materials,equipment,
labor,and incidentals necessary to complete the Work;and for risk,loss, damage,and expense
arising from the nature or prosecution of the Work or from the action of the elements,subject
to the provisions of 00170.80. The Contractor shall include the costs of bonds and insurance
for the Project in the unit price for each Pay Item of Work to be performed.
When the specifications state that the unit price for a Pay Item is compensation for certain
materials or work essential or incidental to the Pay Item,the same materials or work will not be
measured or paid under any other Pay Item.
Contractor shall prepare and submit each month to the City Engineer at 13125 SW Hall Blvd,
Tigard, Oregon 97223, a statement of services rendered, indicating the description of each
2019 PI—Tigard Senior Center levator Modernization 2 1 .1' a g e
service used in the proposal and the dollar amount of each service completed through the state
date, together with a request for payment duly verified by the Contractor's Representative and
copies of certified payroll staternents.
Payment by the City shall release the City from any further obligation for payment to Contractor
for services performed or expenses incurred as of the date of the statement of services. Payment
of installments shall not be considered acceptance or approval of any work or waiver of any
defects therein. City certifies that sufficient funds are available and authorized for expenditure
to finance costs of this contract during the current fiscal year. Funding in future fiscal years shall
be contingent upon budgetary approval by the Tigard City Council.
Contractor shall include proof of payment to any and all subcontractors and suppliers with each
statement submitted to the City. The City shall retain the right to withhold payments if required
proof of payment to subcontractor and suppliers is not included with a statement.
As required under State of Oregon Prevailing Wage Rate (PWR) Law, the City shall withhold
25%of any progress payment amounts owed to Contractor if Contractor has failed to file certified
statements with the City.
B. Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS
279C.555, shall be made to the Contractor within twenty (20) days of the City's receipt of the
statement of services. The Contractor agrees that the "Time of Completion" is defined in the
Bid Proposal,and agrees to complete the work by said date. The Contractor and City agree that
the City will suffer damages each day the work remains uncompleted after the Time of
Completion and that the amount of those damages are difficult to calculate. Contractor and
City agree that a reasonable amount of damages for late completion is $500.00 per day and
Contractor agrees to pay damages in that amount if the work is not completed by the Time of
Completion.
C. Final Payment:The Contractor shall notify the City in writing when the Contractor considers
the project complete,and the City shall,within 15 days after receiving the written notice,either
accept the work or notify the Contractor of work yet to be performed on the contract.
Upon acceptance by the City, the entire balance due to the Contractor,including the retained
percentage,shall be paid to the Contractor,by the City witlun 30 days after the date of said final
acceptance.
The City shall pay to the Contractor interest at the rate of one and one-half percent per month
on the final payment due the Contractor, to commence 30 days after the work under the
Contract has been completed and accepted and to run until the date when final payment is
tendered to the Contractor. If the City does not,within 15 days after receiving written notice of
completion,notify the Contractor of work yet to be performed to fulfill contractual obligations,
the interest provided by this subsection shall commence to run 30 days after the end of the 15-
day period.
As a further conditions of final acceptance, the City may require the Contractor to submit
evidence, satisfacton• to the City's Representative, that all payrolls, material bills, and other
indebtedness connected with the project have been paid, except that in case of any disputed
indebtedness or liens, the Contractor may submit in lieu of evidence of payment,a surety bond
2019 PI—Tigard senior Center L,lcv ator Moder nization 3 1 P ;:
satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
9. Status Of Contractor As Independent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement,Contractor is and shall
be deemed to be an independent Contractor as defined by ORS 670.600 and not an employee
of City,shall not be entitled to benefits of any kind to which an employee of City is entitled and
shall be solely responsible for all payments and taxes required by law. Furthermore,in the event
that Contractor is found by a court of law or any administrative agency to be an employee of
City for any purpose,City shall be entitled to offset compensation due,or to demand repayment
of any amounts paid to Contractor under the terms of this Agreement,to the full extent of any
benefits or other remuneration Contractor receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required to make(to Contractor or to
a third party) as a result of said finding.
B. The undersigned Contractor hereby represents that no employee of the City,or any partnership
or corporation in which a City employee has an interest,has or will receive any remuneration of
any description from Contractor, either directly or indirectly,in connection with the letting or
performance of this Agreement,except as specifically declared in writing.
C. If this payment is to be charged against Federal funds,Contractor certifies that he or she is not
currently employed by the Federal Government and the amount charged does not exceed his or
her normal charge for the type of service provided.
D. Contractor and its employees,if any,are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year
by any public employer participating in the Retirement System.
E. Contractor shall obtain,prior to the execution of any performance tinder this Agreement,a City
of Tigard Business License. The Tigard Business License is based on a calendar year with a
December 31st expiration date. New businesses operating in Tigard after June 30th of the
current year will pay a pro-rated fee though the end of the calendar year.
F. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
10. Subcontracts-Assignment&Delegation
Contractor shall submit a list of Subcontractors for approval by the City, and Contractor shall be (idly
responsible for the acts or omissions of any Subcontractors and of all persons employed by them, and
neither the approval by City of any Subcontractor nor anything contained herein shall be deemed to
create any contractual relation between the Subcontractor and City.
This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of and be
binding upon the Cit}'and the Contractor respectively and their legal representatives. Contractor shall
not assign any rights nor delegate any duties incurred by this contract, or any part hereof without the
written consent of C Irv,and any assignment or delegation in violation hereof shall be void.
2019 PI—Tigard Senior Center Elevator Modernization 4 1 P A g,,:
Any and all subcontracts issued by the contractor shall contain a provision that workers shall be paid
not less that the PWR Law specified minimum wage.
11. Contractor-Payment of Benefits-Hours of Work
A. The Contractor shall:
1) Make payment promptly, as due, to all persons supplying to such Contractor labor or
material for the prosecution of the work provided for in this contract;
2) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS
316.167.
3) Not permit any lien or claim to be filed or prosecuted against the City of Tigard,on account
of any labor or material furnished;
B. The Contractor or the Contractor's Surety and every Subcontractor or the Subcontractor's
Surety shall file certified statements with the City in writing in form prescribed by the
Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid
each worker which the Contractor or the Subcontractor has employed upon such public work,
and further certifying that no worker employed upon such public work has been paid less than
the applicable prevailing rate of wage,which certificate and statement shall be verified by the
oath of the Contractor or the Contractor's Surety or Subcontractor or the Subcontractor's Surety
that the Contractor or Subcontractor has read such statement and certificate and knows the
contents thereof and that the same is true to the Contractor's or Subcontractor's knowledge.
1) The certified statements shall set out accurately and completely the payroll records for the
prior week, including the same and address of each worker, the worker's correct
classification,rate of pay, daily and weekly number of hours worked,deductions made and
actual wages paid.
2) Each certified statement required herein shall be delivered or mailed by the Contractor or
Subcontractor to the City. A true copy of the certified statements shall also be filed at the
same time with the Commissioner of the Bureau of Labor and Industries. Certified
statements shall be submitted as follows:
a) Each Contractor or Subcontractor shall preserve certified statements for a period of
three years from the date of completion of the contract.
C. The Contractor agrees that if the Contractor fails,neglects or refuses to make prompt payment
of any claim for labor or services furnished to the Contractor or a Subcontractor by any person
in connection with this contract as such claim becomes due, the proper office of the City of
Tigard may pay such claim to the person furnishing the labor or services and charge the amount
of the payment against funds due or to become due to the Contractor by reason of such contract.
Payment of a claim in this manner shall not relieve the Contractor or the Contractor's Surety
from obligation with respect to any unpaid claims.
D. Contractor agrees that no person shall be employed for more than ten (10)hours in any one day,
or 40 hours in any one week,except in cases of necessity or emeigency or when the Cite deems
it in the best interest of the public or policy absolutely requires it,in which event, the person so
employed for excessive hours shall receive at least time and a half pay for the following:
1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when
the work week is five consecutive days,Monday through Friday;or
2019 PT—Tigard Senior Center Elevator Modernization 5 1 1' „ ,
2) For all overtime in excess of 10 hours in anyone day or 40 hours in any one week when the
work week is four consecutive days,Monday through Friday;and
3) For all work performed on Saturday and on the legal holidays specified in ORS 279C.540.
E. The Contractor agrees to provide a written schedule to all employees showing the number of
hours per day and days per week the employee may be required to work.
F. No City employee shall be required to work overtime or on a Saturday,Sunday or holiday in the
fulfillment of this contract except where the Contractor agrees to reimburse the City in the
amount of money paid the employee for such work as determined by state Iaw, the City's
personnel rules or union agreement. The Contractor shall require every subcontractor to comply
with this requirement.
G. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material
within 30 days after receipt of payment form the City or from the Contractor to a subcontractor,
the Contractor or first-tier subcontractor shall owe the person the amount due plus interest
commending at the end of the 10 day period that the payment is due under ORS 279C.580,
unless payment is subject to a good-faith dispute. The interest rate shall be as specified in ORS
279C.515(2). If the Contractor or any subcontractor fails, neglects,or refuses to pay a person
furnishing labor or material,the person may file a complaint with the Construction Contractors
Board,unless the payment is subject to a good faith dispute as defined in ORS 279C.580.
H. Contractor shall include a clause in each contact with a subcontractor a requirement that the
contractor pay the subcontractor for satisfactory performance within 10 days of receipt of
payment from the City for the work. Contractor shall include in contracts with subcontractors
an interest provision for such payments in compliance with ORS 279C.580. Contractor shall
include a clause in each contract with a subcontractor requiring the subcontractor to meet the
same payment and interest standards as required by ORS 279C.580 (4).
12. Drug Testing Program
ORS 2790.505 requires that all public improvement contracts contain a provision requiring contractors
to demonstrate that an employee drug-testing program is in place. The Contractor demonstrates that a
drug-testing program is in place by signing of the contact. The drug testing program will apply to all
employees and will be maintained for the duration of the Contract awarded. Failure to maintain a
program shall constitute a material breach of contract.
13. Contractor's Employee Medical Payments
Contractor agrees to pay promptly as due, to any person, co-partnership, association or corporation
furnishing medical, surgical,and hospital care or other needed care and attention incident to sickness
or injury to the Contractor's employees,all sums which the Contractor agreed to pay for such services
and all money and sums which the Contractor collected or deducted from employee wages pursuant to
any law,contract or agreement for providing or paying for such service as referenced in ORS 279C.530,
14. Early Termination
A. This agreement may be terminated without cause prior to the expiration of the agreed upon term
by mutual written consent of the parties and for the following reasons:
2019 PI —Tigard Senior Center Elevator Modernization 6 1 a�1 ,.e
1) If work under the Contract is suspended by an order of a public agency for any reason
considered to be in the public interest other than by a labor dispute or by reason of any third
party judicial proceeding relating to the work other than a suit or action filed in regard to a
labor dispute;or
2) If the circumstances or conditions are such that it is impracticable within a reasonable time
to proceed with a substantial portion of the Contract.
B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and
include the day of termination and shall be in full satisfaction of all claims by Contractor against
City under this Agreement.
C. Termination under any provision of this paragraph shall not affect any right, obligation, or
liability of Contractor or City which accrued prior to such termination.
15. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,or at
such later date as may be established by City,under any of the following conditions:
1) If City funding from federal,state,local, or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of services. This
Agreement may be modified to accommodate a reduction in funds,
2) If Federal or State regulations or guidelines are modified,changed, or interpreted in such a
way that the services are no longer allowable or appropriate for purchase under this
Agreement,
3) If any license or certificate required by law or regulation to be held by Contractor, its
subcontractors,agents,and employees to provide the services required by this Agreement is
for any reason denied,revoked,or not renewed,or
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed
by or against Contractor,if a receiver or trustee is appointed for Contractor,or if there is an
assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City,by written notice of default(including breach of contract)to Contractor,may terminate the
whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the time specified
herein or any extension thereof,or
2) If Contractor fails to perform any of the other provisions of this Agreement, or so fails to
pursue the work as to endanger performance of this agreement in accordance with its terms,
and after receipt of written notice from City, fails to correct such failures within ten (10)
days or such other period as City may authorize.
1'he rights and remedies of City provided in the above clause related to defaults(including breach
of contract) by Contractor shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this agreement.
2019 l'i —'Tigard Senior Center E.Ievator Modernization 7 1 1' g
If City terminates this Agreement under paragraph (b),Contractor shall be entitled to receive as
full payment for all services satisfactorily rendered and expenses incurred,an amount which bears
the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered
by Contractor bear to the total services otherwise required to be performed for such total fee;
provided,that there shall be deducted from such amount the amount of damages,if any,sustained
by City due to breach of contract by Contractor. Damages for breach of contract shall be those
allowed by Oregon law,reasonable and necessary attorney fees, and other costs of litigation at
trial and upon appeal.
16. Access to Records
City shall have access to such book, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination,excerpts,and transcripts.
17. Work is Property of City
All work performed by Contractor under this Agreement shall be the property of the City.
18. Adherence to Law
A. Contractor shall adhere to all applicable laws governing its relationship with its employees,
including but not limited to laws, rules, regulations, and policies concerning workers'
compensation,and minimum and prevailing wage requirements.
B. To the extent applicable, the Contractor represents that it will comply with Executive Order
11246 as amended,Executive Order 11141,Section 503 of the Vocational Rehabilitation Act of
1973 as amended and the Age Discrimination Act of 1975,and all miles and regulations issued
pursuant to the Acts.
C. As provided by ORS 279C.525, all applicable provisions of federal, state or local statutes,
ordinances and regulations dealing with the prevention of environmental pollution and the
preservation of natural resources that affect the work under this contract are by reference
incorporated herein to the same force and affect as if set forth herein in full. If the Contractor
must undertake additional work due to the enactment of new or the amendment of existing
statutes,ordinances or regulations occurring after the submission of the successful bid, the City
shall issue a Change Order setting forth the additional work that must be undertaken. The
Change Order shall not invalidate the Contract and there shall be, in addition to a reasonable
extension, if necessary, of the contract time, a reasonable adjustment in the contract price, if
necessary,to compensate the Contractor for all costs and expenses incurred,including overhead
and profits,as a result of the delay or additional work.
Pursuant to ORS 279C.525(1),the following list identifies Governmental agencies of which the
City has knowledge that have enacted Environmental Laws which may affect the performance of
the work:
FEDERAL AGENCIES
Y Defense
• Department of Army Corps of Engineers
Y Energy
• Department of Federal Ener gry Regulatory Commission
y Environmental Protection Agency
)% Department of Health and Human Services
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➢ Housing and Urban Development
• Department of Solar Energy Conservation Bank
Labor,Department of
• Occupational Safety and Health Administration
➢ Transportation,Department of
• Coast Guard
• Federal Highway Administration
Water Resources Council
STATE AGENCIES
Administrative Services,Department of
➢ Consumer&Business Services,Department of Oregon Occupational Safety&Health
➢ Division
➢ Energy,Department of
Environmental Quality,Department of
➢ Human Resources,Department of
➢ Land Conservation and Development Commission
Parks and Recreation,Department of
➢ Soil and Water Conservation Commission
State Engineer
State Land Board
Water Resources Board
LOCAL AGENCIES
➢ City Council
County Court
➢ County Commissioners,Board of
> Metropolitan Services Districts
> County Service Districts
> Sanitary Districts
);� Water Districts
➢ Fire Protection Districts
19. Changes
City may at any time,and without notice,issue a written Change Order requiring additional work within
the general scope of this Contract,or any amendment thereto, or directing the omission of or variation
in work. If such Change Order results in a material change in the amount or character of the work,an
equitable adjustment in the Contract price and other provisions of this Contract as may be affected may
be made. Any claim by Contractor for and adjustment under this section shall be asserted in writing
within thirty (30) days from the date of receipt by Contractor of the notification of change or the claim
will not be allowed. Whether made pursuant to this section or by mutual agreement,no change shall be
binding upon City until a Change Order is executed by the Authorized Representative of City,which
expressly states that it constitutes a Change Order to this Contract. 7171e issuance of information,advice,
approvals, or instructions by City's Representative or other City personnel shall not constitute an
authorized change pursuant to this section. Nothing contained in this section shall excuse the
Contractor from proceeding with the prosecution of the work in accordance with the Contract, as
changed.
2019 PI —Tigard Senior Center Elevator Modernization 9 111
20. Force Majeure
Neither City nor Contractor shall be considered in default because of any delays in completion of
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the party so disenabled,including,but not restricted to,an act of God or of a public enemy,volcano,
earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo, unusually
severe weather or delay of Subcontractor or suppliers due to such cause; provided that the party so
disenabled shall within ten (10) days from the beginning of such delay,notify the other party in writing
of the causes of delay and its probable extent. Such notification shall not be the basis for a claim for
additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate
such a cause of delay or default and shall,upon cessation of the cause,diligently pursue performance of
its obligation under Contract.
21. Nonwaiver
The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms of
this contract or to exercise any rights hereunder shall not be constmed as a waiver or relinquishment to
any extent of its right to assert or rely upon such terms or rights on any future occasion.
22. Warranties
All work shall be guaranteed by the Contractor for a period of one year after the date of final acceptance
of the work by the Owner. Contractor warrants that all practices and procedures, workmanship, and
materials shall be the best available unless otherwise specified in the profession. Neither acceptance of
the work nor payment therefore shall relieve Contractor from liability Linder warranties contained in or
implied by this contract.
23. Attorney's Fees
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the Court may adjudge reasonable attorney's fees and court costs
including attorney's fees and court costs on appeal.
24. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the laws of
the State of Oregon. Any action or suits involving any questions arising under this Agreement must be
brought in the appropriate court of the State of Oregon.
25. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any conflict between
the terns of this instrument and the proposal of the Contractor, this instrument shall control and
nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting
herewith.
26. Indemnification
Contractor warrants that all its work will be performed in accordance with generally accepted professional
practices and standards as well as the requirements of applicable federal, state and local laws, it being
understood that acceptance of a contractor's work by City shall not operate as a waiver or release.
Contractor agrees to indemnify and defend the City, its officers, agents and employees and hold them
harmless from any and all liability,causes of action,claims,losses,damages,judgments or other costs or
expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or nota
trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from,
during or in connection with Contractor's own acts, actions and omissions related to the performance
2019 PI—Tigard Senior Center Elevator Modernization 10 1 Pa 5
of the work described in this contract,except liability arising out of the negligence of the City,its officers,
agents and employees. I£any aspect of this indemnity shall be found to be illegal or invalid for any
reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this
indemnification.
27. Insurance
Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of
Contractor's activities or work hereunder,including the operations of its subcontractors of any tier. Such
insurance shall include provisions that such insurance is primary insurance with respect to the interests
of City and that any other insurance maintained by City is excess and not contributory insurance with the
insurance required hereunder.
The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at
least the following limits and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The following
insurance will be carried:
Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage(Any one fire) $50,000
B. Commercial Automobile Insurance
Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the
contract,Commercial Automobile Liability coverage including coverage for all owned,hired,and
non-owned vehicles on an"occurrence"form.The Combined Single Limit per occurrence shall
not be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use tinder this contract,the Contractor
shall obtain,at Contractor's expense,and keep in effect during the term of the contract,business
automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined
Single Limit per occurrence shall not be less than$2,000,000.
C. Workers' Compensation Insurance
The contractor,its Subcontractors,if any,and all employers providing work,labor,or materials
under this Contract that are subject employers under the Oregon Workers' Compensation Law
shall comply with ORS 656.017,which requires them to provide workers'compensation coverage
that satisfies Oregon law for all their subject workers. Out-of-state employers trust provide
Oregon workers' compensation coverage for their workers who work at a single location within
Oregon for more than 30 days in a calendar year. Contractors who perform work without the
assistance or labor of any employee need not obtain workers'compensation coverage. All non-
2019 PI—Tigard Senior Center Elevator Modernization 111 1';, c
exempt employers shall provide Employer's Liability Insurance with coverage Ii nits of not less
than$1,000,000 each accident.
D. Additional Insured Provision
All policies aforementioned,other than Workers'Compensation,shall include the City its officers,
employees,agents and representatives as additional insureds with respect to this contract.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies having
an A.M. Best rating of"A-VII" or better, or equivalent. The City reserves the right to reject
all or any insurance carrier(s)with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and die City will
consider_Nvhether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If the Contractor is self-insured for commercial
general liability or automobile liability insurance the Contractor must provide evidence of such
self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the
coverage amounts on a form acceptable to the City. The City reserves the right in its sole
discretion to determine whether self-insurance is adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract,the Contractor shall furnish a
Certificate of Insurance to the City. No contract shall be effective until the required
Certificates of Insurance have been received and approved by the City. The certificate will
specify and document all provisions within this contract and include a copy of Additional
Insured Endorsement. A renewal certificate will be sent to the below address prion to coverage
expiration.
H. Independent Contractor Status
The service or services to be rendered under tlus contract are those ofan independent contractor.
Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265.
I. Primary Coverage Clarification
The Parties agree that Contractor's coverage shall be primary to the extent permitted by law. The
Parties further agree that other insurance maintained by the City is excess and not contributory
insurance with the insurance required in this section.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded
to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SAY/Iall Blvd.
Tigard,Oregon 97223
2019 PI—Tigard Senior Center Elevator Modernization 12 11' a !,, e
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company may be required to be forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The procuring of
such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding
said insurance, Contractor shall be obligated for the total amount of any damage,injury, or loss caused
by negligence or neglect connected with this contract.
28. Method and Place of Giving Notice,Submitting Bills and Making Payments
All notices,bills and payments shall be made in writing and may be given by personal delivery or by mail.
Notices,bills and payments sent by mail should be addressed as follows:
CITY OF TIGARD THYSSENKRUPP ELEVATOR CORPORATION
Attn: Kevin Cole Attn: Nolan Bristow
Address: 13125 SW Hall Blvd Address: 14626 NE Airport Way
Tigard,Oregon 97223 Portland OR 97230
Phone: (503)718-2588 Phone: (503) 290-7153
Email: kevinc@tigard-or.gov Email: nolan.bistow@thyssenkrupp.com
m
and when so addressed,shall be deemed given upon deposit in the United States mail,postage prepaid.
In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery.
Changes may be made in the names and addresses of the person to whom notices,bills and payments
are to be given by giving written notice pursuant to this paragraph.
29. Hazardous Materials
Contractor shall supply City with a list of any and all hazardous substances used in performance of this
Agreement. That list shall identify the location of storage and use of all such hazardous substances and
identify the amounts stored and used at each location. Contractor shall provide City with material safety
data sheets for all hazardous substances brought onto City property,created on City property or delivered
to City pursuant to this Agreement. For the purpose of this section, "hazardous substance" means
hazardous substance as defined by ORS 453.307(5). Contractor shall complete the State Fire Marshall's
hazardous substance survey as required by ORS 453.317 and shall assist City to complete any such survey
that it may be required to complete because of substances used in the performance of this.agreement.
30. Hazardous Waste
If,as a result of performance of this Agreement,Contractor generates any hazardous wastes,Contractor
shall be responsible for disposal of any such hazardous wastes in compliance with all applicable federal
and state requirements. Contractors shall provide City with documentation, including all required
manifests,demonstrating proper transportation and disposal of any such hazardous wastes. Contractor
shall defend, indemnify, and hold harmless City for any disposal or storage of hazardous wastes
generated pursuant to this Contract and any releases or discharges of hazardous materials.
31. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect
and shall in no way be affected or invalidated thereby.
2019 PI—Tigard Senior Center Eke=aux Modernization 13 1 T'a g c
32. Demolition—Salvage and Recycling
As required by ORS 279C.510, Contractor shall salvage or recycle any construction and demolition
debris if feasible and cost-effective.
33. Complete Agreement
This Agreement,including the exhibits,is intended both as a final expression of the Agreement between
the Parties and as a complete and exclusive statement of the terms. No waiver,consent, modification,
or change of terms of this Agreement shall bind either party unless in writing and signed by both parties.
Such waiver, consent,modification, or change if made, shall be effective only in specific instances and
for the specific purpose given. There are no understandings, agreements, or representations, oral or
written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized
representative,hereby acknowledges that he/she has read this Agreement,understands it and agrees to
be bound by its terms and conditions.
IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned
officer and Architect has executed this Agreement on the date hereinabove first written.
CITY/OF�TIGARD - THYSSENKRUPP ELEVATOR CORPORATION
4� ( 011
By: Marty Wine,L.City Manager By: Authorized Contractor Representative
�•� ( Aaron L. Moore -D -�� -�
Date 'contract Analyst
2019 PI—Tigard Senior Centcr haevau>r Modernization 14 P a .c c
ATTACHMENT A
PERFORMANCE BOND
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
TIGARD SENIOR CENTER ELEVATOR MODERNIZATION
Bond Number: 82465786
Project Name-, Tigard Senior Center
Federal Insurance Company (Surety#1) Bond Amount No. 1: S 81,595.00
N/A ........— --- (.Stir: ly#2)* Bond Amount No.2:* ,N/A
*Ifxring nnrliifile S"Admi, Total Penal Sum of Bond: $ 81,595.00
We, ThyssenKrupp Elevator Corporation as Principal,and the above identified Surety(ies),
authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our
respective heirs,executors,administrators,successors,and assigns firmly by these presents to pay unto the City
of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sutra of
Bond) Eighty One Thousand Five Hundred Ninety Five and 00/100 Dollars ($81,595.00) . (Provided, that we
the Sureties bind ourselves in such sutra"jointly and severally" as well as "severally" only for the purpose of
allowinga.joint action or actions against any or all of us,and for all other purposed each Surety binds itself,jointly
and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such
Surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard,the plans,specifications,terms,
and conditions of which are contained in the above-referenced project solicitation;
WHEREAS,the terms and conditions of the contract,together with applicable plans,standard specifications,
special provisions,schedule of performance,and schedule of contract prices,are made a part of this Performance
Bond by reference,whether or not attached to the contract(all hereafter called"Contract');and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terns, conditions,
requirements, plans, and specifications, and all authorized modifications of the Contract which increase the
amount of the work, the amount of the Contract, or constitute an authorized extension of the time for
performance,notice of any such modifications hereby being waived by the Surety:
NOW, 'THEREFORE,THE: CONDITION OF THIS BOND IS SUCH that if the Principal herein shall
fai thfully and truly observe and comply with the terms,conditions,and provisions of the Contract,in all respects,
and shall well and truly and fully do and perform all matters and things undertaken by Contractor to be performed
under the contract, upon the terms set forth therein, and within the tune prescribed therein, or as extended as
provided in the Contract,with or without notice to the Sureties,and shall indemnify and save harmless the City
of Tigard,its officers,agents, and employees against any direct or indirect damages or claim of every kind and
description that shall be suffered or claimed to be suffered in connection with or arising out of the performance
of the Contract by the Principal or its subcontractors,and shall in all respects perfonn said contract according to
law,then this obligation is to be void;otherwise,it shall.remain in hill force and effect.
Nc.nspaymetit of the bond premium will not invalidate this bond nor shall the City of Tigard be obligated for the
payment of any premiums.
2019 P1 ---Tigard Senior.Center L:levator Modernization 1.6 1 1' c
This bond is given and received under the authority of ORS Chapter 279C and Tigard Public Contracting Rules,
the provisions of which arc incorporated into this bond and trade a part hereof.
IN WITNESS WHEREOF, WE HAVE; CAUSED THIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DUI I'AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 12th day of March 2019 `,.Q ty'...... +yr
PRINCIPAL: ThyssenKrupp Elevator Corporation =�'
a SEAL
Signature +`'•yAtA+N� ,•``•
Printed N &Title
Ant S t
SURETY, Federal Insurance Company
(Add rigtaalarre r for each.rorely of��rang zvuliole bonds)
BY ATTORNEY-IN-FAC T:
(Prover-of-Attow y mtrrl acco)Viany eaeh.rarely hong)
Joshua Sanford
N.
aturc
2026 HaIPs Mil ad
Address
Whitehouse Station,,NJ 08889
City State Zip
908-903-2000
Phone Fax
2.019 PI--"Tigard Senior Center Elevator Modernization 17 � "
NOTARY ACKNOWLEDGMENT OF SURETY:
State of Connecticut
County of Hartford ss.
On this the 12th day of March ,20 19 , before me,Bethany Stevenson,the
undersigned officer,personally appeared Joshua Sanford , known to me
(or satisfactorily proven)to be the person whose name is subscribed as Attorney-In-Fact for
Federal Insurance Company ,and acknowledged
that s/he executed the same as the act of his/her principal for the purposes therein
contained.
Ir.witness whereof I hereunto set my hand.
nI .
BETHANY STEVEN-SON
Sign e f of Public NOTARYPUBLI -CTI,7501
Date mm sion xpires: September 30,2023 MY COMMISSION EXPifES SEPT,30,2023
Beth Ste nso '
Printe Name' f otary
CHLJBFRO
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
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 Aiza Anderson, Samuel E. Begun, Saykham Chanthasone,
Lorina Monique Garcia, Danielle D Johnson, Michelle Anne McMahon, Tanya Nguyen, Aimee R Perondine, Jenny Rose Belen Phothirath,
Mercedes Phothirath,Donna M Planeta,Joshua Sanford,Bethany Stevenson,Eric Strba and Jynell Marie Whitehead of Hartford,Connecticut---------
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 91h day of January,2019.
0"-L� A-��VL-t at—,,
Duv,n Xl Stephen M.Ii.incy.Vice Pnsidcni
*(Do a (4.
STATE OF NEW JERSEY
County of Hunterdon ss.
On this 91s day of January,2019,before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,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 Dawn M.
Chloros,being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC
INDEMNI'T'Y COM ANY 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 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 Stephen M.
Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is fn the genuine handwriting of
Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence.
Notarial Seal KATHERINE ADELAAR /
TAq NOTARY PUBLIC OF NEW JERSEY
i.w No.2316885
P6gLIC Ccmmlwlon Empires July 16,2019 Noiary Public
JERg
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016:
"RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company
entered into in the ordinary course of business(each a"Written Commitment"):
(1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the
seal ofthe Company or otherwise.
(2) Each duly appointed attomey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or
otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attomey-in-fact.
(3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-
in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the
Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the
Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such
written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of
the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby
certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect,
(ii) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station,NJ,this 6U-C•h IZ/ -6 19
goo
I.rue.n M I'hlarr r`..1::,ist:rnt�crn�tary
IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS 13OND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US AT:
Tele hone(908)903-3493 Fax(908)903-3656 a-maiL-surety@chubb.com
FED-VIG-PI(rev.08-18)
ATTACHMENT B
PAYMENT BOND
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
TIGARD SENIOR CENTER ELEVATOR MODERNIZATION
Bond Number: 82465786
Project Name: Tigard Senior Center
Federal Insurance Company Sutety#1) Bond Amount No. 1: $ 81,595.00
N/A Sure..#2* Bond Amount No.2:* 4: N/A
*f nsiq muAiple sureties Total Penal Sum of Bond: $ 81,595.00__
We, ThyssenKrupp Elevator Corporation as Principal,and the above identified Surety(ies),
authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our
respective heirs,executors,administrators,successors,and assigns firmly by these presents to pay unto the City
of Tigard, a municipality of . the State of Oregon, the sum of (total Penal Sum of
.Bond) Eighty One Thousand Five Hundred Ninety Five and 00/100 Dollars ($81,595.00) (Provided, that we
the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of
allowing a joint action or actions against any or all of us,and for all other purposed each Surety binds itself,jointly
and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such
Surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard, the plans, specifications, terms,
and conditions of which are contained in above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract,together with applicable plans, standard specifications,
special provisions,schedule of performance,and schedule of contract prices,are made a part of this Payment
bond by reference,whether or not attached to the contract(all hereafter called"Contract';and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements,plans,and specifications,and schedule of contract prices which are set forth in the Contract and
any attachments,and all authorized modifications of the Contract which increase the amount of the work,or the ,
cost of the Contract,or constitute authorized extensions of time for performance of the Contract,notice of any
such modifications hereby being waived by the Surety:
NOW,THEREFORE,THF...CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully
and truly observe and comply with the terms,conditions,and provisions of the Contract,in all respects,and shall
well and truly and fully do and perform all matters and things by it undertaken to be perforned under said
Contract and any drily authorized modifications that are made,upon the terms set forth therein,and within the
time prescribed therein,or as extended therein as provided in the Contract,with or without notice to the Sureties,
and shall indemnify and save harmless the City of Tigard its officers,agents,and employees against any claim for
direct or indirect damages of every kind and description that shall be suffered or claimed to be suffered in
connection with or arising out of the performance of the Contract by the Contractor or its subcontractors,and
shall promptly pay all persons supplying labor, materials, or both to the Principal or its subcontractors for
prosecution of the work provided in the Contract;and shall promptly pay all contributions due the State Industrial
Accident Fund and the State Unemployment Compensation Fund from the Principal or its subcontractors in
cnnnr:ction with the performance of the Contract;and shall pay over to the Oregon Depart meat of Revenue all
2019 PI—Tigard Senior Center Elevator Modernization 18 1 1';:
sums required to be deducted and retained from the wages of employees of the Principal and its subcontractors
pursuant to ORS 316.167,and shall permit no lien nor claim to be filed or prosecuted against the City on account
of any labor or materials furnished;and shall do all things.required of the Principal.by the laws of the State of
Oregon, then this obligation shall be void;otherwise,it shall remain in full force and effect.
Nonpayment of the bond premium will not invalidate this bond nor shall the City of Tigard be obligated for the
payment of any premiums.
This bond is given and received under the authority of ORS Chapter 279C and Tigard Public Contracting Rules,
the provisions of which are incorporated into this bond and made a part hereof.
IN WITNESS WHEREOF, WE HAVE CAUSED '1 HIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES. ���`gQ' V:rBr%i
Sj
12th MarchrarR:cs
Dated this :::day of.. 2019 .41w! �+�+
PkINGI;E'AUThyssenKrupp Elevator Corporation •. �`r
Signature A `
�}aLYVVL (_ . ept`G f �av��1ry►C� v�S'�
Printed &Title.
Attest-Zu ILI(—A" _V
SURETY: Federal Insurance Company
(Add signalures jor each surety if using mulliple bonds)
BY ATTORNEY-IN-FACT:
(Power-of-Altorn y must accoboany each surey bund)
Joshua Sanford
Name
�BH.Irs
ill Roadress
Whitehouse Station,NJ 08889
City State Zip
908-903-2000
Phone Fax
2019 PI—Tigard Senior Center Elevator Modernization 19 1' a ,.t.
NOTARY ACKNOWLEDGMENT OF SURETY:
State of Connecticut
County of Hartford ss.
On this the 12th_day of March ,20 19_,before me,Bethany Stevenson,the
undersigned officer,personally appeared Joshua Sanford ,known to me
(or satisfactorily proven) to be the person whose name is subscribed as Attorney-In-Fact for
Federal Insurance Company , and acknowledged
that s/he executed the same as the act of his/her principal for the purposes therein
contained.
In witness whe f I hereunto set my hand.
BETHANYSTEVENSON
Sign to f ota Public NUTAR�'PVBL_iC-CT 17750!
MY COMMISSION EXPIRES SEPT,30,2023
Date i sion xpires: September 30, 2023
Beth Stev nso
Printe ame otary
CHUBB
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
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 Aiza Anderson, Samuel E. Begun, Saykham Chanthasone,
Lorina Monique Garcia, Danielle D Johnson, Michelle Anne McMahon, Tanya Nguyen, Aimee R Perondine, Jenny Rose Belen Phothirath,
Mercedes Phothirath,Donna M Planeta,Joshua Sanford,Bethany Stevenson,Eric Strba and Jynell Marie Whitehead of Hartford,Connecticut---------
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 behalfas 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 9"day of January,2019.
[kr,,,n N1 t'hlurus,.W4st:tnt Swr�uiy Ste'phcri M.Hincy,l tev PrL4dcnt
oo
.e,... •. 0
STATE OF NEW JERSEY
County of Hunterdon ss.
On this 91 day of January,2019,before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,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 Dawn M.
Chloros,being by me duly sworn,did depose and say that 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 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 Stephen M.
Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of
Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence.
Notarial Seal KATHERINE J.ADEEAAR
TAA NCTrARY PUBLIC of 16W JERSEY
�.� No.2319985
(BLS CoMnV Won Expnea JUV 18,2018 Notary Public
lER��
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016:
"RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertaldngs,recognizances,contracts and other written commitments of the Company
entered into in the ordinary course ofbusiness(each a"Written Commitment'):
(q Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the
seal of the Company or otherwise.
(2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or
otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fad
(3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-
in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the
Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the
Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such
written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of
the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby
certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect,
(ii) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station,Pll,this 0 "0l.('GH 7-1 '2 0O
* (Do Irr,n M.Chl-vt 6.a�,-ia:int Secittary-
IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT:
Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@chubb.mm
FED-VIG-PI(rev.08-18)
EXHIBIT A
SCOPE OF SERVICES
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
TIGARD SENIOR CENTER ELEVATOR MODERNIZATION
Contractor shall modernize the Tigard Senior Center elevator(8815 SW Omara Street,Tigard,Oregon 97223).
Work shall include:
HYDRAULIC
Pump Unit
• Power Unit(Adjacent) New-Power Unit(Adjacent)
• Shut Off Valve New-Shut Off Valve Kit
• Oil New-Oil
Control System
• Controller(tank mounted) New-Controller(tank mounted)
• Emergency Battery Lowering New-Included
Car Door Equipment
• Front Car Door Operator/Kit New-Front Car Door Operator/Kit
• Door Detectors New- Infrared door detector
• Front Mechanical Restrictor Package New-Front Car Door and Hatch Side Restrictors(vanes)
Cab/Platform/Car Fixtures
• Main Car Station New-Main Car Station Includes: Custom finish,Applied panel,Braille Plates,Digital
Position Indicators,Standard Key Switch Package,Locked Service Cabinet,ADA Phone Svstein,
Emergency Light,Swing Return (TKE Cab only),Vandal Resistant Floor Buttons
• Car Position Indicator New-Car Position Indicator
• Car Traveling Lantern New-Car Riding Lantern(Standard)
• Hands Free Phone New- 1--lands Free Phone
• Emergency Lighting New-Emergency Lighting
Hall and Lobby Fixtures
• Hall Stations (excluding Egress) New- Hall Sta dons (excluding Egress)
• Egress Hall Stations (Lobby) New-Egress Hall Stations (Lobby)
• Jamb Braille New-Jamb Braille
• Hoistway Access Station New- Hoistway Access Switch
Hoistway Equipment
• CarTop Inspection Station New-Car Top Inspection Station
• Leveling Unit/ Landing System New-Leveling Unit/Landing System
Hoistway Wiring
• Traveling Cable/Car Wiring' New-Traveling Cable/ Car Wiring
• Hoistway Wiring New- Iloistway Wiring Package
2019 PI—Tigard Senior Center Elevator Modernization 19 1 ]" ;1 c
Pit
• Pit Ladder New-Pit Ladder
• Pit Switch New-Pit Switch
• Overspeed(Rupture)Valve New- Overspeed(Rupture)Valve Kits
Testin
• Inspection Included—Inspection
Cab Interior U12 rg ades
• Cab Upgrades include new laminate panels,stainless ceiling drop ceiling,and LED down lighting.
Electtical&Fire Work by Others
• 'Replace the existing disconnect switch with a Bussmann Shunt Trip Disconnect
• Install the phone line conduit within the machine room
• Install GFCI receptacles in the pit and machine room
• Ensure pit and machine room 120-volt circuits are dedicated as required
• Ensure pit,machine room,and lobby lighting are up to code-required levels
• Install a fused lockable cab lighting disconnect switch
• Install wiring for battery lowering
• Disconnect existing equipment and re-connect new,including temporary power if required
• Make additions and modifications to the existing Silent Knight Addressable Fire Alarm System as required
to perform recall,shunt trip,power monitoring,and hat flash functions
Permits
Installation Estimated Sequence and Schedule _
Preparation of submittals upon receipt of subcontract and plans: 2-4 Weeks
(Additional Time Required for Cab,Signal,Entrance If Applicable
Approval of submittals by Cit 2 Weeks
Fabrication time from receipt of all approvals, fully executed contract, 8 to 10 Weeks
and2ayment of pre-production and engineering invoice:
Modernization of elevator system (Per Unit): 2 Week
After completion of all required preparatog work by others
The durations or lead times listed above are strictly approximations that can vary due to factors both within and
outside of Contractor's control,and shall not be binding on Contractor.
All work specified herein will be performed from 6:00 AM to 2:30 PM,except scheduled union holidays
("regular working hours of regular working days'. If,after the execution of this Contract,overtime is mutually
agreed upon,an additional charge at Contractor's usual rates for such work shall be added to the price of this
Contract.
The unit described in this Contract will be out of service and unavailable to move passengers and/or property
during entire duration of the performance of the work described in this Contract until re-certified by tl-1e
applicable authority(ies)having jurisdiction and in good standing with payment schedules. "1Tcmpo.rary use of
the equipment is not included in tNs Contract.
2019 PI—Tigard Senior Center I=levator Modernization 20 1 1?a s.?c
EXHIBIT B
CONTRACTOR'S PROPOSAL
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
TIGARD SENIOR CENTER ELEVATOR MODERNIZATION
2019 PI—Tigard Senior Center ElLv ato.r Roderni ation 211 i s.j i.,_c
thyssenkrupp Elevator Corporation
thyssenkrupp
Modernization Proposal
Jan 28, 2019
Purchaser: City of Tigard Location: Tigard Senior Center
Address: 8777 SW Burnham St. 8815 SW Omara St.
City/State/Zip: Tigard,OR 97223 Tigard,OR
On behalf of thyssenkrupp Elevator, I am pleased to provide this multi-page proposal(the"Proposal')to modernize the
elevator equipment described herein (the"Equipment")at the above referenced location. This proposal is valid for 45
days.
Our modernization package is engineered specifically for your elevator system and will include the elevator mechanical
and electrical components being replaced, refurbished or retained.
Benefits of Modernization include:
• Increased Durability and Reliability
• Improved Fire and Life Safety Features
• Decreased waiting times
• Reduced Energy Consumption
• Reduced Operational Cost
• Reduced Troubleshooting Time
• Non-proprietary controls
• Extended equipment life by using major equipment manufacturer
If you have any questions or concerns, please do not hesitate to contact me.We appreciate your consideration.
Sincerely,
Nolan Bristow
Account Manager
nolan.bristw(o)thyssenkru pp.com
503.915.7498
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SCOPE OF WORK
-—-HYDRAULIC
$81,596.00
Power UnitAdjacent) New-Power Urnt(Adjacent) m _m. ,.n,-.__v_,
...........
Shut Off Valve New-Shut Off Valve Kit
Oil New-OiI
Control System � `
Controller(tank mounted) New-Controller(tank mounted)
Emergency Battery Lowering New-Included
...........
Front Car boor Operator/KitNew-Front Car Door Operator Kit
Door Detectors New-Infrar e d door detector
Front Mechantcat Restrlctor Package New Front Car Door and Hatch Srde Restnctors(vanes)
Fixtures
Main Car Station 'New--'MainCar Station Includes:Custom'finish,'Applied' paneI,Braille
Plates,Digital Position Indicators,Standard Key Switch Package,
Locked Service Cabinet,ADA Phone System, Emergency Light,Swing
Return(TKE Cab only), Vandal Resistant Floor Buttons
CarPosition-- New-Car Position Indicator
............. _New,-Car.Riding Lantern(Standard),
Hands Free Phone New-Hands Free Phone`
Emer,g
engyLight! Emergency Lighting �_�
islijan W Fixtures
,I Stations(excluding Egress) New-Hall Stations(excluding Egress)
Egress I Hall-1 Sta I tio I n I s I(Lobby)I by) Hall Stations(Lobby)Jamb Braille
............ N"e-w Jamb Braille
Hoistwa ,Access Station New-H oistway Access Switch
Holstway.Ear l' nil:.%I.......
....... ..
Car jaVR�tiiqq Station New-Car Top Inspection Station
-----------
Leveling Unit/Landing System New-Leveling Unit/Landing System
'hoistwavWirina
Traveling Cable/Car Wiring New-Traveling Cable/Car Wiring
...........
Hoistway Wiring New-Hoistway Wiring Package
Pit
Pit Ladder New-Pit Ladder
Pit Switch New-Pit Switch
.Overspeqq(Rqp New-Overspeed (Rupture)Valve Kits
Testina
Inspection Included-Inspection
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Value Engineering Opportunities & Alternates
(Initial next to the option below to indicate acceptance)
1.Weekender Special-Additional$5.882.00 Initial to Accept
Work schedule will be expedited to be completed in four days, rather than two
weeks.We will begin work on Friday, and turn the car over the following
Monday.
2.Cab Interior Upgrades-Additional$10.170.00 Initial to Accept
Cab Upgrades include new laminate panels,stainless ceiling drop ceiling, and
LED down lighting
3.Electrical&Fire Work by Others—Additional$19.769.00 Initial to Accept
-Replace the existing disconnect switch with a Bussmann Shunt Trip Disconnect
-Install the phone line conduit within the machine room
-Install GFCI receptacles in the pit and machine room
-Ensure pit and machine room 120-volt circuits are dedicated as required
-Ensure pit, machine room,and lobby lighting are up to code-required levels
-Install a fused lockable cab lighting disconnect switch
-Install wiring for battery lowering
-Disconnect existing equipment and re-connect new,including temporary power
if required
-Make additions and modifications to the existing Silent Knight Addressable Fire
Alarm System as required to perform recall,shunt trip, power monitoring, and hat
flash functions
4.HVAC Work by Others— Additional$8.050.00 Initial to Accept
If necessary, install code required machine room ventilation system.
INSTALLATION SEQUENCE AND SCHEDULE
The following is a list of some of the key tasks that comprise a typical modernization, along with their sequence and
approximate durations or lead times for each such task:
_..__._._.._....._........._....._._______.__.___._...._...__._...._.__.___..__.....__......._._......
_...._._...._..._..__...............---..�__..___.__...._____....__....................
-....
._
Preparation of submittals upon receipt ofsubconuact and plans: 2-4 Weeks
(Additional Time Required for Cab.Signal.Entrance II'Apphcable)
Approval of submittals by Purchaser __M Y 2 Weeks— ~
_.._........................
Fabrication time from receipt of all approvals. Iitlly executed Conti-act..and 8 to 10 Weeks
payment ol'pre-production and engineering invoice:
Modernization ofelevator system(Per Unit): 2 Weeks
(il fica colwlet/on afcdl riquircrl prcpcecrrem hark tn'others)
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The durations or lead times listed above are strictly approximations that can vary due to factors both within and outside of
thyssenkrupp Elevator's control, are subject to change without notice to Purchaser and shall not be binding on
thyssenkrupp Elevator.
All work specified herein will be performed from 6:00 AM to 2:30 PM, except scheduled union holidays("regular working
hours of regular working days"). If,after the execution of this Proposal, overtime is mutually agreed upon, an additional
charge at thyssenkrupp Elevator's usual rates for such work shall be added to the price of this Proposal.
One or more of the units described in this Proposal will be out of service and unavailable to move passengers and/or
property during entire duration of the performance of the work described in this Proposal until re-certified by the applicable
authority(ies)having jurisdiction and in good standing with payment schedules.Temporary use of the equipment is not
included in this Proposal.
All work described in this Proposal will be performed in accordance with the version of all applicable state or local codes
that deal exclusively with the installation and/or modernization of elevators that are in effect at the time that this Proposal
is fully executed. In the event that either(A)those codes change or(B)rulings are made by the applicable authority
having jurisdiction that extend the application of those codes following the complete execution of this Proposal,
thyssenkrupp Elevator will provide Purchaser with a separate and additional proposal to comply with such changes at an
additional cost. It is solely the Purchaser's responsibility to ensure that the work described in this Proposal meets all
applicable Federal,state and/or local codes that do not deal exclusively with the installation and/or modernization of
elevators and to secure any necessary permission and/or priority from all applicable governmental authorities to complete
that work.
No permits or inspections by others are included in this work,unless otherwise indicated herein.The price of this Proposal
only includes one(1)inspection by the applicable authority having jurisdiction.At the conclusion of its work described
herein,thyssenkrupp Elevator will perform all tests required by the applicable authority having jurisdiction to ensure that
the equipment that is the subject matter of this Proposal conforms to applicable codes and will provide Purchaser with
copies of reports generated in conjunction with completed tests. Should the equipment fail any test due to reasons that
are the responsibility of the Purchaser as set forth in this Proposal or are not specifically included in this Proposal, or
should the applicable authority having jurisdiction refuse to issue written approval to Purchaser to use and operate the
equipment due to items that are the responsibility of the Purchaser as set forth in this Proposal or are not specifically
included in this Proposal the Purchaser shall bear sole financial responsibility for(A)addressing those items,(B)the cost
of the performance of any re-tests or additional inspections and(C)the labor incurred by thyssenkrupp Elevator to re-test
the equipment or to attend those additional inspections at thyssenkrupp Elevator's current billing rate as posted at its local
office. thyssenkrupp Elevator shall not be liable for any damage to the building structure or the elevator resulting from the
performance of any tests it shall perform at any time under this Proposal.
Should the Purchaser or the local authority having jurisdiction require thyssenkrupp Elevator's presence at the inspection
of equipment installed by others in conjunction with the work described in this Proposal, Purchaser agrees to compensate
thyssenkrupp Elevator for its time at thyssenkrupp Elevator's current billing rate as posted at its local office.
Upon notice from thyssenkrupp Elevator that the work described herein has been completed, Purchaser will arrange to
complete an inspection of the work with thyssenkrupp Elevator and will provide Purchaser's final acceptance thereof in
writing by Purchaser's duly authorized representative at that time if the work is acceptable.The date and time for such an
inspection shall be mutually agreed upon. In no event shall that inspection occur more than ten(10)business days after
the date of thyssenkrupp Elevator's written notice to Purchaser that the work herein has been completed unless both
parties agree otherwise in writing. Immediately following its inspection of the work, Purchaser's duly authorized
representative shall execute thyssenkrupp Elevator's"Final Acceptance"form(s)prior to turnover and use of the
equipment described in this Proposal. Purchaser shall not unreasonably delay or withhold such final inspection or its
written acceptance of the work.
At the conclusion of its work,thyssenkrupp Elevator will remove all equipment and unused or removed materials from the
project site and leave its work area in a condition that, in thyssenkrupp Elevator's sole opinion, is neat and clean.
WORK NOT INCLUDED
There are certain items that are not included in this Proposal, many of which must be completed by Purchaser prior to and
as a condition precedent to thyssenkrupp Elevator's performance of its work as described in this Proposal. in order to
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ensure a successful completion of this project, it shall be solely Purchaser's responsibility to coordinate its own completion
of those items with thyssenkrupp Elevator.The following is a list of those items that are not included in this Proposal:
1. Equipment Storage:the provision of a dry and secure area at the project site for storage of the elevator equipment at
the time of delivery and the provision of adequate ingress and egress to this area.Any relocation of the equipment as
directed by the Purchaser after its initial delivery will be at Purchaser's sole expense.
2.The hiring of a disposal company which 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.
3. Electrical:
a. suitable connections from the power main to each controller and signal equipment feeders as required,including
necessary circuit breakers and fused mainline disconnect switches per N.E.C.Suitable power supply capable of
operating the new elevator equipment under all conditions;
b. the wiring to the controller for car lighting per N.E.C.Articles 620-22 and 620-51;
c. a means to automatically disconnect the main line and the emergency power supply to the elevator prior to the
application of water in the elevator machine room that shall not be self-resetting;
d. wiring and conduit from life safety panel or any other monitor station to the elevator machine room or a suitable
connection point in hoistway;
e. a bonded ground wire, properly sized,from the elevator controller(s)to the primary building ground;and all remote
wiring to the outside alarm bell as requested by all applicable code provisions
f. a dry set of contacts which close 20 seconds prior to the transfer from normal power to emergency power or from
emergency power to normal power whether in test mode or normal operating conditions in the event that an
emergency power supply will be provided for the elevator;
g. automatic time delay transfer switch and auxiliary contacts with wiring to the designated elevator controller and
h. electrical cross connections between elevator machine rooms for emergency power purposes
i.the following emergency power provisions are not included: interface in controller,pre-testing and testing,
emergency power keyswitches;
j.emergency power operation is included as part of the design of the elevator control system and based on each car
in the group only,to properly sequence, one at a time to the programmed landing, and park. The design requires
that the generator,transfer switch, and related circuitry are sufficient to run this function or any other function for any
building other system that is associated with this project. In the event that the generator,transfer switch,and related
circuitry are not sufficient,thyssenkrupp Elevator will provide Purchaser with a written change order for Purchaser's
execution.
4. Machine Room:a legal machine room, adequate for the elevator equipment, including floors,trap doors,gratings,
foundations,lighting and a machine room temperature maintained between 50 and 90 degrees Fahrenheit,with a relative
humidity less than 95% non-condensing;
5. Heat and Smoke Sensing Devices: heat and smoke sensing devices at elevator lobbies on each floor,machine room,
and hoistways with normally open dry contacts terminating at a properly marked terminal in the elevator controller;
6. Dedicated Telephone Lines:a dedicated telephone line to elevator each controller recognizing that the elevator
telephone is required by code to be monitored 24 hours a day,7 days a week; one additional telephone line per group of
elevators for diagnostic capability wired to designated controller;
7. Removal of Obstructions:the cutting and patching of walls,floors, etc. and removal of such obstructions as may be
necessary for proper modernization of the elevator(s);
8. Fire Rating:the furnishing, installing and maintaining of the required fire rating of elevator hoistway walls, including the
penetration of firewall by elevator fixture boxes;
9. Flooring: all work relating to the flooring including, but not limited to,the provision of materials and its installation to
comply with all applicable codes;
10. Painting: all painting, except as otherwise specifically included herein;
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11. Waterproofing: ensuring that the elevator hoistways and pits are dewatered, cleaned and properly waterproofed;
12. If entrances are replaced:adequate bracing of entrance frames to prevent distortion during wall construction and all
sill supports,steel angles, sill recesses,and the grouting of doorsills;
13. Hydraulic jack replacement:
a.the excavation of the elevator cylinder well hole in the event drilling is necessary through soil that is not free from
rock,sand,water,building construction members and obstructions.Should obstructions be encountered,
thyssenkrupp Elevator will proceed only after written authorization has been received from the Purchaser.The
contract price shall be increased by the amount of additional labor at thyssenkrupp Elevator's standard labor rates as
per the local office along with any additional expenses and materials required;
b. adequate ingress and egress,including ramping,for rail-mounted or truck-mounted drill rig;
c. Purchaser is responsible for pumping truck contractor to remove and dispose of spoils from the site. In the event
that unforeseen and unfavorable below ground conditions are encountered,including but not limited to concrete
around the cylinder, construction debris, adverse water and/or soil conditions,erosion,cavitations,oil contamination,
or circumstances necessitating increased hole depth, etc.,which require the employment of specialized contractors,
thyssenkrupp shall immediately advise the Purchaser and costs willl be extra to the contract;
d. in ground protection systems other than thyssenkrupp Elevator's standard HDPE or PVC protection system with
bottomless corrugated steel casing;
e, any required trenching and backfilling for underground piping or casings,and conduit as well as any compaction,
grouting,and waterproofing of block-out;
f. engineering,provision and installation of methane barriers or coordination/access;
g. access to 2"pressurized water supply within 100'-0"of the jack hole location;
h. a safe, accessible storage area for placement of D.O.T.55 gallon containers for the purpose of spoils
containment;obtaining of local environmental or disposal permits
i. any spoils or water testing;
In the event another subcontractor requires pit access during the modernization process, upon a request from Purchaser,
thyssenkrupp Elevator will park the elevator at an upper landing and lock and tag out the equipment at no additional cost
in exchange for Purchaser's agreement to remain solely responsible for(A)providing its subcontractor with any and all
means and methods to access the pit, (B)properly safeguarding and barricading all landings and hoistway openings and
(C) providing all supervision of and control over that subcontractor, the landings, hoistway openings and pit. Upon notice
to thyssenkrupp Elevator from Purchaser that its subcontractor has completed its task and no longer requires pit access,
thyssenkrupp Elevator will remove its lock and tag from the elevator.
In the event that thyssenkrupp Elevator, in its sole opinion, believes that asbestos is present in either the car or hoistway
doors the drilling of any doors shall be expressly excluded from thyssenkrupp Elevator's scope of work and shall be
performed by others at Owner's/Contractor's direction and solely at Owner's/Contractor's expense.
This Proposal does not include any maintenance, service, repair or replacement of the modernized equipment or any
other work not expressly described herein.thyssenkrupp Elevator will submit a separate proposal to Purchaser covering
the maintenance and repair of this equipment to be supplied to Purchaser at an additional cost.
WARRANTY
thyssenkrupp Elevator warrants the equipment it installs under this Proposal against defects in material and workmanship
for a period of one(1)year from the date of Purchaser's execution of thyssenkrupp Elevator's 'Final Acceptance"form(s)
mentioned above on the express condition that all payments made under both this Proposal and any mutually agreed-to
change orders have been made in full, or two(2)years from the date material ships from the manufacturer, whichever
occurs first. This warranty is in lieu of any other warranty or liability for defects. thyssenkrupp Elevator makes no warranty
of merchantability and no warranties which extend beyond the description in this Proposal, nor are there any other
warranties, expressed or implied, by operation of law or otherwise. Like any piece of fine machinery, this equipment
should be periodically inspected, lubricated, and adjusted by competent personnel. This warranty is not intended to
supplant normal maintenance or service and shall not be construed to mean that thyssenkrupp Elevator will provide free
service for periodic examination, lubrication, or adjustment, nor will thyssenkrupp Elevator correct, without a charge,
breakage, maladjustments, or other trouble arising from normal wear and tear or abuse, misuse, improper or inadequate
maintenance, or any other causes other than defective material or workmanship. In order to make a warranty claim,
Purchaser must give thyssenkrupp Elevator prompt written notice at the address listed on the cover page of this Proposal
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and,provided all payments due under the terms of this Proposal and any mutually agreed to written change orders have
been made in full, thyssenkrupp Elevator shall, at its own expense, correct any proven defect by repair or replacement.
thyssenkrupp Elevator will not, under any circumstances, reimburse Purchaser for cost of work done by others, nor shall
thyssenkrupp Elevator be responsible for the performance of any equipment that has been the subject of revisions or
alterations by others. If there is more than one(1)unit which is the subject of work described in this Proposal, this section
shall apply separately to each applicable unit.
PAYMENTTERMS
Purchaser agrees to pay the sum of Eighty One Thousand Five Hundred and Ninety Five Dollars ($81.595.00)for the
work described in this Proposal. This price is expressly contingent on the completion of thyssenkrupp Elevator's work as
described in this Proposal by December 31,2019. In the event that such work is not completed by December 31,2019
due in part to reasons outside of thyssenkrupp Elevator's control, Purchaser agrees that thyssenkrupp Elevator shall
automatically be entitled to a change order addressing any increase in thyssenkrupp's cost of labor and materials.
Price includes shipping and delivery and material use tax or factor tax imposed on thyssenkrupp Elevator as of the date
that thyssenkrupp Elevator first offers this Proposal for Purchaser's acceptance but does not include sales or gross
receipts tax that may be billed in addition to the contract price.Purchaser agrees to pay any additional taxes,fees or other
charges exacted from Purchaser or thyssenkrupp Elevator on account of the work described in this Proposal as a result of
any law enacted after the date that thyssenkrupp Elevator first offered this Proposal for Purchaser's acceptance.
In the event Purchaser defaults on any payments due under this Proposal or breaches any of its obligations under this
Proposal or any change orders,thyssenkrupp Elevator expressly reserves the right to declare the unpaid balance of the
price of this Proposal(including any change orders)immediately due and payable along with the right to discontinue its
work until such time as it has received written assurances from Purchaser to thyssenkrupp Elevator's satisfaction that the
breach(es)will be immediately cured(and in the event of a delinquent payment that future payments will be made as they
come due).
A service charge of 1'/2%per month, or the highest legal rate,whichever is less, shall apply to delinquent accounts.
50%of the price set forth in this Proposal as modified by options selected from the section entitled"Value Engineering
Opportunities &Alternates"(if applicable)will be due and payable as an initial progress payment within 30 days from
thyssenkrupp Elevator's receipt of a fully executed copy of this Proposal.This initial progress payment will be applied to
costs and fees associated with project management, permits, submittals, and raw material procurement,and its receipt
will trigger the ordering of material to complete the scope of work description.
50%of the price set forth in this Proposal as modified by options selected from the section entitled"Value Engineering
Opportunities&Alternates"(if applicable)shall be due and payable when the material described above has been
furnished. Material is considered furnished when it has been received at the jobsite or thyssenkrupp Elevator staging
facility.thyssenkrupp Elevator's receipt of payment is required prior to mobilization of its labor associated with the work
description.
It is agreed that there will be no withholding of Retainage from any billing and by the customer from any payment.
Proposal Price: $81,595.00
Engineering/Pre Prod/Shop (50%) $40,797.50
Drawings/Submittals:
Material Furnished: (50%) $40,797.50
The remainder of the Proposal amount,including change orders that are created in a manner consistent with the process
outlined in this proposal, is due at the time of completion and approval by the applicable authority having jurisdiction (if
any), but prior to turnover of the equipment by thyssenkrupp Elevator to the Purchaser for use. If this Proposal includes
more than one(1) unit,final payment shall be made separately as each unit is completed and approved by the applicable
authority having jurisdiction (if any).
TERMS AND CONDITIONS
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thyssenkrupp Elevator's performance of this Proposal is contingent upon Purchaser furnishing thyssenkrupp Elevator with
any necessary permission or priority required under the terms and conditions of any and all government regulations
affecting the acceptance of this Proposal or the manufacture,delivery or installation of any equipment described in this
Proposal. It is agreed that thyssenkrupp Elevator's personnel shall be given a safe place in which to work and
thyssenkrupp Elevator reserves the right to discontinue its work in the location above whenever,in its sole opinion,
thyssenkrupp Elevator believes that any aspect of the location is in any way unsafe.
Purchaser agrees 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 its subcontractors,the work place will be
monitored,and prior to and during thyssenkrupp Elevator's 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 thyssenkrupp Elevator's
employees, or those of its subcontractors, are exposed to an asbestos hazard,PCB's or other hazardous substances
resulting from work of individuals other than thyssenkrupp Elevator or its subcontractors, Purchaser agrees to indemnify,
defend, and hold thyssenkrupp Elevator harmless from any and all claims,demands,lawsuits,and proceedings brought
against thyssenkrupp Elevator or its employees or subcontractors resulting from such exposure.Purchaser recognizes
that its 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 solely Purchaser's responsibility.
thyssenkrupp Elevator shall not be liable for any loss, damage or delay caused by acts of government, labor troubles,
strikes, lockouts,fire,explosion,theft,floods,riot,civil commotion,war,malicious mischief,acts of God or any cause
beyond its control.
In the event a third party is retained to enforce,construe or defend any of the terms and conditions of this Work Order 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. Purchaser agrees that this Work Order shall be construed and enforced in
accordance with the laws of the state where the vertical transportation equipment that is the subject of this Work Order is
located and consents to jurisdiction of the courts, both state and Federal, of that as to all matters and disputes arising out
of this Work Order.Purchaser further agrees to waive trial by jury for all such matters and disputes.
The rights of thyssenkrupp Elevator under this Proposal 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 Proposal. In the event any portion of this
Proposal 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 Proposal.
In no event shall thyssenkrupp Elevator be responsible for liquidated,consequential, indirect,incidental, exemplary,and
special damages.
This Proposal shall be considered as having been drafted jointly by Purchaser and thyssenkrupp Elevator and shall not be
construed or interpreted against either Purchaser or thyssenkrupp Elevator by reason of either Purchaser or thyssenkrupp
Elevator's role in drafting same.
Certificates of Workmen's Compensation, Bodily Injury and Property Damage liability Insurance coverage will be furnished
to Purchaser upon request.thyssenkrupp Elevator complies with provisions of Executive Orders 11246, 11375, 11758,
Section 503 of the Rehabilitation Act of 1993,Vietnam Era Veteran's Readjustment Act of 1974,38 U.S.C.4212 and 41
CFR Chapter 60.thyssenkrupp Elevator supports Equal Employment Opportunity and Affirmative Actions Compliance
programs.
2018-2-518075 1 ACIA-1 F80YEW Page 9
thyssenkrupp Elevator Corporation A
thyssenk€eipp
Acceptance
Purchaser's acceptance of this Proposal and its approval by an authorized manager of thyssenkrupp Elevator will
constitute exclusively and entirely the agreement between the parties for the goods and services herein described and full
payment of the sum of Eighty One Thousand Five Hundred Ninety Five Dollars($81,595.00).
All other prior representations or regarding this work,whether written or verbal,will be deemed to be merged herein and
no other changes in or additions to this Proposal will be recognized unless made in writing and properly executed by both
parties as a change order. Should Purchaser's acceptance be in the form of a purchase order or other similar document,
the provisions of this Proposal will exclusively govern the relationship of the parties with respect to this transaction.No
agent or employee shall have the authority to waive or modify any of the terms of this Proposal without the prior written
approval of an authorized thyssenkrupp Elevator manager.
thyssenkrupp�ivtarCorporatiorA City pf Tigard (PURCHASER)
By: By:
(Signature of thyssenkrupp Elevator Representative) (Signature of Authorized Individual)
Nolan Bristow
Account Manager Kevin Cole
nolan,bristow0thyssenkrupp.com
503.915.7498 (Print or Type Name)
(Print or Type Title)
01-28-2019
(Date of Submission) (Date of Acceptance)
thyssenkrupp,Eleyptor QFP
oration Approval
(Date of Approval) (Signature of Branch Representative)
Tawnya Randall
Service Sales Manager
2018-2-518076 1 ACIA-1 F8QYEW page
thyssenkrupp
SCHEDULING AND PRODUCTION
REQUEST FOR PAYMENT Please Remit To: thyssenkrupp Elevator Corporation
Attn:Accounts Receivable Dept.
1265 E Fort Union Blvd Ste 350
Cottonwood Heights,UT 84047-5624
Attn: Kevin Cole
City of Tigard
8777 SW Burnham St.
Tigard OR, 97223
Date Terms Reference ID Customer Reference#/PO
Jan 28,2019 Immediate ACIA-1F8QYEW
Total Contract Price: $81,595.00
Engineering/Pre Prod/Shop Drawings (50%) $40,797.50
/Submittals:
Amount Due upon Acceptance: $40,797.50
For inquiries regarding your contract or services provided by thyssenkrupp Elevator,please contact your local account
manager at+1.To make a payment by phone, please call 801-449-8505 with the reference information provided below.
Thank you for choosing thyssenkrupp Elevator.We appreciate your business.
Please detach the below section and provide along with payment.
Remit To:
Customer Name: City of Tigard thyssenkrupp Elevator
Location Name: Attn:Accounts Receivable Dept.
Customer Number: 1265 E Fort Union Blvd Ste 350,
Cottonwood Heights UT 84047-
5624
Reference ID: ACIA-1F8QYEW
Remittance Amount: $40,797.50