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HomeMy WebLinkAbout4529 +---------------------------------------------~----------------------------+ +Enter Search Criteria, Press Esc Key to Transmit ,. =.Press Del Key to Terminate Delete Mode ,. -.- CHANGE Contract Transactions ,. ,. Contract Number 4529 =1= + == = =Vendor Name THYSSENKRUPP ELEVATOR CORP =r= ==Subject ELEVATOR - REPLACEMENT/MODERNIZATION - WA GARAGE J: +Department FACILITIES - - +Status Code CON -- - - Amount $70831. 09 == -.- Begin Date 11/21/2005 == ,. Insurance End Date 03/05/2006 ,. t Type Amount Review Date 02/15/2008 ,. GL $2000000.00 ,. ,. AL $2000000.00 ,. .l: J= - - Insurance Total $4000000.00 == - - Insurance Review Date 10/01/2006 == + =r= + Comments MODIFICATION i1-11/05 + - - VAULT 01/01/2008 t == +--------------------------------------------------------------------------+ AFFIDA VIT OF PUBLICATION Account # 37922 / Ad # 1I697 STATE OF WASHINGTON COUNTY OF KITSAP I, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: May 3, 2006, and that such newspaper was regularly distributed to its subscribers during all of $42.40, which amount has not been paid in full. C;;MQ~ ltJ{~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of May 11, 2006. Notary Public in and for the State of Washington, Kitsap County. City of Bremerton NOTICE OF FINAL COMPLETION Notice offinal completion has been filed with the City of Bremerton on Thursday, April 27,2006, Thyssen Krupp Elevator, in Krikland, Washington for Contract No. 4529 - Elevator Replacement and Modernization, located at 405 Washington Avenue in Bremerton, Washington. Any parties having a claim for materials, labor or damages with reference to this contract have forty-five (45) days from the date of publication of this notice to file a claim. May 3, 2006...............................AD #20002094 .. ..- CONTRACT MODIFICATION AGREEMENT NO.1 BETWEEN THE CITY OF BREMERTON AND THYSSENKRUPP ELEVATOR CORPORATION PROJECT: Hydraulic Passenger Elevator Replacement and Modernization CONTRACTOR: ThyssenKrupp Elevator Corporation TIDS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Contract for Hydraulic Passenger Elevator Replacement and Modernization (the "Contract") entered into between the City of Bremerton and ThyssenKrupp Elevator Corporation. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. A new section, Section VII is hereby added to the Contract to read as follow: VII. Compensation. Compensation for the Contract shall be Sixty Five Thousand Two Hundred and Twenty Two Dollars ($65,220), not including Washington State Sales Tax, as per the ThyssenKrupp Elevator Corporation bid proposal date September 8, 2005. ll. Contractor accepts all requirements of this Contract Modification by endorsing below. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. UPPELEVATOR T~OFB ION , JAMES M. BAIRD CONTRACT ANALYST L. Lusson By: Cary Bozeman ntract Administration Its: Mayor DATE: \ \~ -,~S DATE: J 1- cJ../ "'OS CONTRACT MODIFICATION 1 I Project Number: I I - - ------- ------ - ----- . , APPROVED AS TO FORM: ~~ Br erton Ci ttomey R:\LEGAL\Conttacts\PUBLIC WORKS\ThyssenKrupp Mod.I.doc CONTRACT MODIFICATION 2 Project Number: .; ---'--~---- .. , ; . . . CONTRACT HYDRAULIC PASSENGER ELEVATOR REPLACEMENT AND MODERNIZATION (Page 1 of 4) This agreement, made and entered into this 5th day of October, 2005 by and between the City of Bremerton, hereinafter called the City, and Thyssen Krupp Elevator, hereinafter called the Contractor: Witnesseth: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall perform all work and furnish all labor, tools, materials and equipment for the Hvdraulic Passenger Elevator Replacement and Modernization. All work shall be in accordance with and as described in the Specifications. Contractor shall begin the work within ten (10) calendar days after the date that written NOTICE TO PROCEED is issued to the Contractor. The Contractor shall complete the work no later than ninety (90) calendar days after the date that NOTICE TO PROCEED is issued. If said work is not completed within the time specified, the Contractor agrees to pay to the City an amount in accordance with the Bid Proposal, Item B., of these Contract Documents for each calendar day said work remains incomplete after expiration of the specified times as liquidated damages. The Contractor shall provide and bear the expense of all equipment, tools, materials and labor of any sort whatsoever that may be required for the transfer of materials and for construction and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City. I HydrauJ.i.c Passenger E~evat:or R.ep~acement: Bidders Check~ist: & Bid/Contract I and Modernization - 26 - I I I I I ---------- f . CONTRACT (Page 2 of 4) II. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done the above described work to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same, according to the attached specifications and the approved bid as attached hereto incorporated by reference, at the time and in the manner and upon the conditions provided for in this Contract. III. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to fulfill the performance of all covenants herein contained upon the part of the Contractor. IV. It is further provided that no liability shall attach to the City of Bremerton by reason of entering into this Contract, except as expressly provided herein. V. INDEMNIFICATION Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents, volunteers and assigns harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this contract is subject to RCW4.24.115, the, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE. TITLE 51 RCW, SOLEY FOR THE PRUPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this contract. Hydraulic Passenger Elevator Replacement Bidders Checklist & Bid/Contract and Modernization - 27 - , . CONTRACT (Page 3 of 4) VI. INSURANCE The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described below against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, sub- consultants and/or subcontractors. Before beginning work on the project described in this contract, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 3. Excess Liabilitv insurance with limits not less than $1,000,000 per occurrence and aggregate. The insurance must refer to the project name, project location and contain a brief description of the Contractor. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City, its officers, officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves it unqualified right to require, at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Hydraulic Passenger Elevator Replacement Bidders Checklist & Bid/Contract and Modernization - 28 - 1 . . . CONTRACT (Page 4 of 4) Proof of coverage shall be provided to the City in the form of a Certificate of Insurance and shall include additional insured endorsements as evidence of coverage. The City also reserves its unqualified right to require, at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Approval of required insurance is a condition precedent to the execution of this contract. In witness whereof the parties hereto have caused this agreement to be executed the day and year first herein above written. CONTRACTOR By: MES M. BAIRD Title: CONTRACT A.t\.IALYST Date: \ \-- ~-~5 / Hydraulic Passenger EJ..evator RepJ..acement Bidders CheckJ..ist & Bid/Contract and Modernization - 29 -