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Home My WebLink AboutChange Order - 01SUMMAllf OJ ,110,0510 CHAtlGI ll&!nor,/Ju1tilic:'1;on CITY OF RENTON Parks and Recreation Department CONTRACT CHANGE ORDER AGREEMENT Coulon Park Trestle Bridge Replacement CAG-22-012 American Construction Company No. One (1) Date: lB·Jan-23 Gr;ting substructure modification to grating supports (Channel Diaphragms) per RFI No 31 for Coulon Park Trestle Bridae. DUClll,nQN; lt•m .... D.wt•"-" uflh,Na ....... .. •/•WSST w/oWSST I Grating Substructure Modification s 92,970.31 s 92,970 31 ' • . s • Tataldlbeha"&•Drdtr: $ 92,970.31 w/oWS>f DAIGINAl CONnACf CUlllllNT COHTIIACT NITCHANGl IUl/1:S[D CONTMCT AMOUNT AMOUNT TitlSDIDUI TOTAL AFTH CHMlit: $1,625,000.00 $1,625,000.00 $92,970.31 $1,717,970.31 w/oWSST w/oWSST w/oWS>f w/oWSST 89 calendar days calendar d•ys -extension of Time. Completion Date Is May 31, 2023. The 111\'ff'ICIII :icp.e1f.,a 111d llrttd u, m 1h11 tr.i111t 0ti:ter hC:\/dn Wt!"f d1,m l:y th■ ta�tl'a:"o• klr ""'W Kl� HV!Tltltt WAh r�pcct 1;11h wo1). damHd ,n thi:I ,hanct otdtt The wo,, tovu..i Ir, �!'Ill tlU"J'I order mom bt' p■rkl'"CG ui,dlf ttw u,... 1•rmt •ltd mndll.Klr,f •f lh•I ,ni:luc!f'd tr., 1119 ..,t,"-'l .1&rtt11'0■1'1l Al of1h■ cnh■r terms ol 1h1 or,&il":al acr"'"1-.1 n111Ji,, 111 •rf■a . .,. 1/18/2023 CAG-22-012, CO #1-23 Armondo Pavone 1/30/2023 Attest:___________________ Jason Seth, City Clerk EXHIBIT A-1 CHANGE ORDER PROPOSAL Date: 01-17-2023 Project: COP#: City of Renton Gene Coulon Memorial Bridge Replacement 01 Rev 2 Contractor: American Construction Company, Inc. Description: Grating Substructure Modification Rev 2 Amount of Proposed Change: 10.1% tax Total: Change in Contract Days: Clarifications/ Assumptions: $92,970.31 $9390.00 $102,360.32 95 Calendar Days 1.Contract days is based on having direction forward on RFI 31 on 01-24-2023. 2.Pricing Based on Grating Support Modifications drawings dated 12-28-2022 and as revised in RFI 3 7. 3.Revised Schedule is per the attached updated schedule and will be updated when change order is executed. 4.Excludes any unforeseen modifications to Water or Electrical. 5.Any nonstandard or additional fasteners the revised grating design due to the grating overhang. 6.Excludes any additional TESC permit expenses. Attachments: (Spreadsheet, quotes, invoices) APPROVALS: John Blair, PE Project Manager Title Date Title Date City of Renton Project Manager ___ _Title Date GENE COULON MEMORIAL BRIDGE BEACH PARK TRESTLE REPLACEMENT-CITY OF RENTON Grating Support Modifications LABOR DAYS EQUIPMENT DAYS MATERIALS AND SUPPLIES RENTALS SUBS AND SERVICES FOREMAN ST I OT 0.0 0.0 0.0 0.0 0.00 0.0 0.0 0.0 0.0 0.0 o.oo o:oo FOREMAN ST OT PILEDRIVERS ST OT OPERATOR ST OT DECK ENGINEER ST OT Palouse 0.00 Palouse Barge Ice Hammer Skiff Welder Air Compressior Pickup Truck .\lEtillQB Barge 0,00 PILEDRTVER ST I 0.0 o.o 0.0 0.0 0,0 0.00 Ice Hammer 0.00 DESCRIPTION OPERAlOR DECKENGR o, ST I 01 s, I OT 00 Ou u,o u,u o.u 0,0 0,0 0.0 0.0 o.o 0.0 0.0 0.0 o.o 00 00 0.0 o.o o.o 0.0 0.0 0.0 0.0 0.0 0.0 0.00 0.00 0.00 0.00 0.00 0,00 HOURS @ $92.05 0.00 HOURS @ $127.32 0.00 HOURS @ $88.49 0.00 HOURS @ $122.01 0.00 HOURS @ $96,96 0.00 HOURS @ $132.51 0.00 HOURS @ $93.98 0.00 HOURS @ $128.07 LABOR COST 00 72 00 7.2,B.7.f.(1)(a) .ALLOWABLE MARK UP OVERHEAD, 16% TOTAL LABOR WI MARK UP Air Skiff Welder Compress Pickup Truck 0.00 0,00 0.00 0.00 0.00 0 00 HOURS @ s 500 OD 0 00 HOURS @ s 80.00 0 00 HOURS @ s 85 00 0.00 HOURS @ s 15.00 0.00 HOURS @ s 15,00 0,00 HOURS @ s 15.00 o.oo HOURS @ s 15.00 EQUIPMENT COST 00 72 OD 7.2.B.7.f.(1)(a) ,ALLOWABLE MARK UP OVERHEAD, 16% TOTAL EQUIP WI MARK UP Rainer Welding Rainer Welding Per Attached Proposa VENDOR United Renlals United Sile Services DESCRIPTION Office Container Rental Fencing � DESC8IPDQN 3 Month 3 Month MATERIALS, SUPPLIES COST ALLOWABLE MARK UP 6% and 4% TOTAL MATERIALS & RENTALS WI MARK UP @ $ 531 56 @ $ 393,85 MATERIALS, SERVICES & RENTALS COST Tax, 10.1% 00 72 00 7 2.B 7.f.(1)(a) ALLOWABLE MARK UP OVERHEAD, 16% TOTAL MATERIALS & RENTALS WI MARK UP SUBCONTRACTOR COST ALLOWABLE MARK UP TOTAL SUBCONTRACTOR WI MARK UP SUB TOTAL AMOUNT 00 72 00 7.2.B.7.g. ALLOWABLE MARK UP PROFIT, 4% 00 72 DO 7.2.B.7. H BOND AND INSURANCE 2% TOTAL AMOUNT WITH OVERHEAD AND PROFIT Tax, 10.1% TOTAL AMOUNT $0.00 $0.00 $0.00 $0.00 $0,00 $0 ,00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $79,900.00 $79,900.00 $4,196.00 $84,096.00 $1,594.68 $1 ,181.56 $2,776.24 $280.40 $489.06 S3,545,70 $0.00 $0.00 $0.00 $0.00 $87,641.70 $3,505.67 $1,822.95 $92,970.31 $9,390.00 $102,360.32 : RAINIER • WELDING January 3, 2023 To: American Construction Company Attn: Aaron McMahill Re: Gene Coulon Memorial Park Bridge Change Order 3409-01 Aaron, 19020 N. E. 84th Street Redmond WA 98053 ( 425)868-1300 www.RainierWelding.com After review of the Gene Coulon Memorial Park Bridge Proposed Grating Support Design Revision Drawing created by WSP for the City of Renton, we have come up with following price adjustment and updated delivery date. Rainier Welding (RW) has received material quotes with material lead times and a quote from our detailer with lead time. Please note that procuring domestic material has been currently difficult due to the supply chain, current lead time is mid-February. The following is taking in consideration of a two-week turnaround on drawing review and a total of two weeks of detailing. This is a generous amount of time and should be easily accomplished. RW is also including the previously discussed plan of assembly in the delivery date, 2 weeks. New deliver date is April 14'h, 2023. This date is contingent on the drawing review process including any RFI's issued by our detailer and a response on direction from the City of Renton to proceed or not by 1/13/2023. Please note that fabrication will be at a stand still at RW starting 1/13/2023 if we have not received a decision to move forward or to revise the design as proposed. Cost adjustment is outlined on the attached change order. Sincerely, Joe Gilden Project Manager AISC CERTIFIED FABRICATOR SINCE 1975 !;((ERTi Fl ED < FABRICATOR Rainier Welding 19020 NE 84th St. Change Order Request : RAINIER : • WELDING Redmond Wa. 98052 425.868.1300 www.RalnierWelding.com RW Pro·e,ct Number Pro· ect Information 3409 Pr0ject Name Area I Building Gene Coulon Memorial Park Brid e Gratin Span Descripti0n of W0r:k Cost Breakdown Reference Request o. 1 Owner Proposed Design Change to the Grating Supports Channel Diaphragms Cost Breakdown and Quotes from Vendors with Lead Times Item Quantity Unit Rate Cost Detailing Production Detailin Lot $ 3,640.00 En $ In-$ Material C8x18.75 and 1/2" Plate -8,000 Pounds $ 11,998.00 Bolts and Hardware 1.00 Lot $ 5,184.00 Weldin Supplies and other Misc. Sup lies 1.00 Lot $ 3,883.00 $ $ $ Shop Labor Regular Time 521.00 Hours 90.00 $ 46,890.00 Overtime $ Double Time $ Coatings Galvanizin 1.00 Lot $ 5,705.00 Paint $ Shipping Contract Carrier 1.00 Load $ 2,600.00 Other $ Sub -Total 79,900.00 Total 79,900.00 New Proposed Delivery Date 4/14/2023 Prepared By Joe Gilden Date: 1/3/2023 This Change Order is good only for the direct cost of the Proposed change. RW reserves the right to seek compensation for any additional costs or damages arising from said change. OUnited Rentals· II II Ill I lll�llllmtlllllll lllllllllll llllll Ill 4 WEEK BILLING INVOICE QI .µ ·rf ti) BRANCH AK4 1701 PORT OF TACOMA RD TACOMA WA 98421-3714 253-886-5627 253-275-0534 FAX GENE COULON 1201 LAKE WASHINGTON RENTON WA 98056-2567 BLVD N # 212558013-003 Customer# Invoice Date Date Out Billed Through UR Job Loe UR Job# Customer Job ID: 9766936 12/27/22 10/31/22 01/23/23 1201 LAKE 5 05:30 PM 00:00 WASHINGTON .Q 0 � Office: 253-254-0118 Cell: 253-350-1670 P.O. # Ordered By Reserved By Salesperson MC 08-22 93-02 AARON MCMAHILL DEVIN WHEELER BRIAN BURNETTE AMERICAN CONSTRUCTION CO INC 1501 TAYLOR WAY Invoice Amount: $584.59 Terms: Due Upon Receipt TACOMA WA 98421 Payment options: Contact our credit office 888-481-2660 RENTAL ITEMS: � Equipment Description 1 PV2812015 GLD/OFFICE CONTAINER 8X20X8'6" Make: TRANSOCEAN Model: 20' OC A/O Serial: 2812015 SALES/MISCELLANEOUS ITEMS: --�Q�t�y I tern 1 WA HEAVY EQUIP. RENTAL TAX COMMENTS/NOTES: CONTACT: AARON MCMAHILL CELL#: 253-350-1670 Minimum Price [ DRSURWA/MCI] Billing period: 28 Days From 12/26/22 05:30 PM Thru 1/23/23 05:30 PM ARE YOU OR YOUR EMPLOYEES IN NEED OF OPERATOR CERTIFICATION TRAINING ? CONTACT UNITED ACADEMY TODAY 844-222-2345 OR WWW.UNITEDRENTALS.COM/TRAINING REMIT TO: UNITED RENTALS (NORTH AMERICA),INC. P.O. BOX 051122 LOS ANGELES CA 9007 4-1122 Day Week 4 Week 525.00 Rental Subtotal: Unit of Measure 6.563 EACH Sales/Misc Subtotal: Agreement Subtotal: Tax: Total: Amount 525.00 525.00 Extended Amt. 6.56 6.56 531.56 53,03 584 59 Effective January 1, 2021 and where permitted by law, United Rentals may impose a surcharge of 1.8% for credit card payments on charge accounts. This surcharge is not greater than our merchant discount rate for credit card transactions and is subject to sales tax in some jurisdictions. NOTICE: This invoice is subject to the terms and conditions of the Rental and Service Agreement, which are available at https://www.unitedrentals.com/legal/rental-service-terms-US and which are incorporated herein by reference. A COPY OF THE RENTAL AND SERVICE AGREEMENT TERMS ARE AVAILABLE IN PAPER FORM UPON REQUEST. Page: United Site Services of Nevada, Inc. 1 054 S Elmgrove St SEATTLE, WA 98108 United� SITE SERVICES Salesperson Contact Daniel Linnan Mobile: Office: + 1 208-362-3000 x72306 Fax: Daniel.Linnan@unitedsiteservices.com Site Service Quotation Quote No.: 414-2399831 Quote Date: 09/27/22 Quote Expires: 1 0/27 /22 Sell To: American Construction Company Inc. Aaron McMahill 1501 TAYLOR WAY TACOMA, WA 98421 Cust. #: USS-1421301 Phone: 253-350-1670 Ship To: American Construction Company Inc. 1201 Lake Washington Blvd N RENTON, WA 98056 Terms: Due Upon Receipt !Comments & Specfal lnstructions1-l ---------------------------------- 18% FENCE RENTAL-(4) 28 DAY BILLING CYCLE TERM $4.06/ FT ON 6 FT PANEL FENCE $7.97 EA SANDBAG $450.00 Delivery/Install/Pickup per 1,000 LF Temporary fence pricing for long-term projects is based on the initial term listed on the agreement which will be billed on a 28 day billing cycle. All new fence orders are subject to a minimum install fee and will be listed on the corresponding agreement. If the fence is needed beyond the initial term listed on this agreement, a residual (rental) fee will apply to all fence and related products on site. This residual percentage amount will appear on your agreement and will be invoiced each billing cycle until the fence is removed. Price includes initial delivery, installation and removal. Any additional deliveries, moves or removals will be charged based on the pricing in this agreement and the schedule below. All partial deliveries and removals are subject to a minimum trip charge as outlined in the agreement. Miscellaneous Charges: Add $1.00 per ft for moves (subject to $250.00 minimum fee) Add $1.00 per ft for rocky ground, hillside or hand carry. Hole patching (cold patch) available in designated areas, will be $8 per hole in asphalt and $1 O per hole in concrete (subject to $250 minimum fee) Add $225.00 per hour based on two-person crew for waiting time related to site delays, safety classes, site orientations or any other reason for delay, etc. lt is the customer's responsibility to keep fence line free of vegetation and snow. All growth and or snow must be cleared prior to delivery or removal. If damaged fence has to be removed and reinstalled, customer will be billed for damaged fence and for additional installa tion charges. 50% deposit for fencing may apply Damaged or missing fence will be billed per the schedule below: Chain Link: $6.00 per foot Panel Fence: $12.25 per foot Gates: 2x standard per foot charge for item. I.E. 1 O' gate for panel fence will be charged at $24.50 per foot. USS DOES NOT ENGAGE IN OR SIGN PROJECT LABOR AGREEMENTS (PLA). USS WILL, HOWEVER, Continued .. United Site Services of Nevada, Inc. 1054 S Elmgrove St SEATTLE, WA 98108 Salesperson Contact Daniel Linnan Mobile: Office: + 1 208-362-3000 x72306 Fax: United· SITE SERVICES Daniel.Linnan@unitedsiteservices.com Site Service Quotation Quote No.: 414-2399831 Quote Date: 09/27/22 Quote Expires: 10/27/22 Sell To: American Construction Company Inc. Ship To: American Construction Company Inc. Aaron McMahill 1501 TAYLOR WAY TACOMA, WA 98421 1201 Lake Washington Blvd N RENTON, WA 98056 Cust. #: USS-1421301 Phone: 253-350-1670 Terms: Due Upon Receipti Comments & Special lnstructionsfl---------------------------------- PROVIDE FENCE TO OUR CUSTOMERS FOR SELF-INSTALLATION IN THESE INSTANCES. IF THIS IS A PREVAILING WAGE PROJECT, DAVIS BACON RATES WILL BE USED TO ESTIMATE PREVAILING WAGE. RATE WILL BE CHARGED AS SITE MANDATES. CUSTOMER IS RESPONSIBLE TO PROVIDE USS WITH DIR OR CPR FORM PRIOR TO INSTALL. ALL INSTALLS, PICKUPS, MOVES, OR REPAIRS ACCRUE AT CURRENT DAVIS BACON WAGE ACT WAGES IF THE PROJECT IS PREVAILING WAGE. SHOULD YOUR FENCE REQUIRE DRIVEN POST, CUSTOMER WILL NEED TO MARK THE FENCE LINE FOR UNDERGROUND UTILITIES LOCATE COMPANY (I.E.: DIG ALERT) AND LET USS KNOW ONCE COMPLETED.USS WILL CALL TO SCHEDULE THE UNDERGROUND ASSESSMENT. IN SOME STATES THE LOCATE APPOINTMENT CAN BE SCHEDULED BY THE CUSTOMER, HOWEVER USS MUST BE LISTED ON THE PAPERWORK. PLEASE NOTE THIS WILL TAKE 3-5 BUSINESS DAYS TO CLEAR BASED ON LOCAL UTILITY LOCATE AVAILABILITY. Item Fence 18% After (4) 28 Day Billing Cycles Fuel & Inflation Surcharge Unit EA Quanlll From 1 02/20/23 Thru lndef Fence 18% After (4) 28 Day Billing Cycles Subtotal: .......•........... Fence -6x12 T-Stand Panel Fuel & Inflation Surcharge FT 300 10/31/22 02/19/23 Fence -6x12 T-Stand Panel Subtotal: ..... Fence -6x4 T-Stand Panel FT 4 10/31/22 02/19/23 Fuel & Inflation Surcharge Fence -6x4 T-Stand Panel Subtotal: Fence -T-Stand -No Charge EA 25 10/31/22 Fuel & Inflation Surcharge Fence -T-Stand -No Charge Subtotal: .................... . 02/19/23 Fence -Sandbags EA 25 10/31/22 02/19/23 Unit Price 0.00 4.06 4.06 0.00 7.97 Total Price 0.00 per billing cycle 0.00 per billing cycle 0.00 1,218.00 one time 120.58 one lime 1,338.58 16.24 one time 1.61 one time 17.85 0.00 one time 0.00 one time 0.00 199.25 one time Continued .. United Site Services of Nevada, Inc. 1054 S Elmgrove St SEATTLE, WA 98108 United' SITE SERVICES Salesperson Contact Daniel Linnan Mobile: Office: + 1 208-362-3000 x72306 Fax: Daniel.Linnan@unitedsiteservices.com Site Service Quotation Quote No.: 414-2399831 Quote Date: 09/27 /22 Quote Expires: 10/27 /22 Sell To: American Construction Company Inc. Aaron McMahill 1501 TAYLOR WAY TACOMA, WA 98421 Cust. #: USS-1421301 Phone: 253-350-1670 Ship To: American Construction Company Inc. 1201 Lake Washington Blvd N RENTON, WA 98056 Terms: Due Upon Receipt l1tem Unit Quantity From Thru Unit Price Total Price Fuel & Inflation Surcharge Fence -Sandbags Subtotal:. . . Fence • 6x12 Gate -Will use Panel Fuel & Inflation Surcharge Fence• 6x12 Gate -Will use Panel Subtotal:. Delivery Only -No SetupFuel & Inflation Surcharge Delivery Only -No Setup Subtotal: EA EA Accepted:£'."'°�� :::::Jc---- Remit To: United Site Services, PO Box 660475, Dallas, TX 75266-0475 1 09/27/22 02/19/23 1 09/27/22 02/19/23 Date:�Zv NOTE: Total prices have been calculated tor 1 billing period only. Damage Waiver is optional. Please read \he \erms and conditions on the last page of this document tor more information. 0.00 450.00 Subtotal: Tax: Total: 19. 73 one time 218.98 0.00 one time 0.00 one time 0.00 450.00 one time 44.55 one time 494.55 2,069.96 143.35 2,213.31 TERMS AND CONDITIONS Rev 5 6 09 1. Acceptance Customer shall be deemed to have accepted these terms and conditions upon the earliest to occur of. (i) two business days after receipt of an invoice From Company; (ii) delivery of items of equipment ("Equipment") identified in the invoice to the site designated in the invoice (the 'Site") and use or acceptance thereof; or (iit) acknowledgment or other conduct of Customer indicating acceptance. These terms and cond�ians shall supersede any inconsistent terms of any purchase order or other documenls of Customer 2. Payment Terms All agreements are subject to approval by Company Customer shall pay all charges by Company during the term (the "Period") shown tn t11e invoice All Company invoices are due and payable upon Customer's receipt of the invoice. Customer shall be liable to Company for interest at the rate of 1 5% per month, or such lesser rate as may be the maximum lawful rate from time to time, on all overdue accounts. Customer shall pay all additional charges for services separately requested by Customer or made necessary by Custom er's breach of these Terms and Conditions. including but not limited to. moving/relocation charges, special service charges, and special delivery and removal charges In the event Customer's account becomes delinquent, Customer agrees to pay Company all collection e,penses. including reasonable attorney's fees 3. Service The Company offers servicing as an option on all portable rest rooms 4. Damage Waiver The Company offers a damage waiver program on certain Equipment Customer may decline the damage waiver by completing and executing the appropriate section at the end of these terms and conditions. Unless Customer has declined the Damage Waiver in writing before the com mencement of the Period or within five business days aflhe date of the first Invoice lo Customer for any Equipment identified with a Damage Waiver on the invoice, whichever is later. Campariy shall impose. and Customer shall pay, any Damage Waiver fees indicated on the invoice and (provided Customer has not breached any of these terms and condrtions) Customer shall have no responsibility far accidental structural damage to the Equipment, EXCEPT (i) Customer shall be liable for theft of any Equipment and for any losses resulting from any willful or grossly negligent acts or omissions of Customer or any of its agents, servants and employees. and (ii) tf Customer has other insurance covering such loss or damage, Customer shall exercise all rights available to it under such insurance, take all actions necessary to process such c:aim and assign sucl1 claim and pay any and all proceeds from such insurance ta Company. If Customer declines the Damage Waiver, Customer shall be liable for any loss or damage to the Equipment, regardless or cause or lault, except for reasonable wear and tear, and Customer shall pay Company the actual cast al repair or replacement cost thereof, and in addition thereto. for Company's loss of use of the Equipment In the event oi any loss of or damage to the Equipment. Customer shall promptly notify Campany of such loss or damage and shall provide Company with copies of all reports relating to such loss or damage including police repons. informal investigation reports and insurance reports. The damage waiver describe<! In this section does not apply to portable toilets and containers which become contaminated with hazardous materials or contaminants de scribed in Paragraph 7 while in the Customer's control and possession. 5. Equipment Location Customer warrants and represents that it has exercised due diligence and care in the selection of the location 1t has designated far the placing of pornible toilets, temporary fencing, portable storage containers and any other Equipment provided by Company, and fur1her agrees to give directions and supervise the placement of such temporary fencing, storage containers, portable toilets and other Equipment 6. Equipment Responsibility Company will deliver the Equipment ta the Site at tne commencement of the Period and will remove the Equipment at the end of the Period. If servicing has been ordered by Customer. Company will remove any domestic septic waste ('DSW") from portable restrooms. if applicable. on the service day(s) scheduled by Company. In the event Campany is unable ta service the Equipment an the service day due to a holiday, inclement weather, or other interfering circumstances, Campany shall service lhe Equipment on the earliest bu siness day. excluding Sundays, available in accordance with Company's other serv,ce commitments Company shall be granted access to the Equipment at any time ror any servicing. maintenance or removal of Equipment. Customer shall not remove the Equipment from the Site, and Shall not move the Equipment on the Site without •1111tten permission from Campany Customer shall not modify the equipmant. Customer shall not sell. rent. lease or otherNise lose possession of the Equipment, nor shall Customer permit any lien to be placed on the Equipment Customer aeknowledges that Company has no control over the use or the Equip ment by Customer, and Customer agrees to comply. at Customer's sole expense, with any and all applicable municipal, county. state. federal or quasi-governmental laws, ordinances, regulations and guidelines. including ANSI Standard Z4.3 and the requirements of the 'Guide for Clean Portable Sanitation· published by PSAI. if applicable 7, Equipment Contamination While portable restroom units are in Customer's possession, Customer shall prevent any contamination of such un�s with or from radioactive volatile, flammable, explosive, toxic or hazardous materials iincluding oils. paints, adhes,,es and solvents) Company will not remove any waste other than DSW from portable restrooms and storage containers ("Other Waste") In the event Other Waste is found in the Equipment, Customer shall arrange and pay far separate removal of such Other Waste Until such Other Waste is removed. Customer may not terminate the Period and Customer is liable far all charges ac crued during such period. 8. Liability Except to the extent Customer is not liable far damage to Equipment under the Damage Waiver program described in Section 5, Customer agrees ta defend, indemnify and hold Company harmless to the maximum extent permitted by law from and for all claims, lav,"Suits. damages. expenses and other losses arising out of the rental or use of Equipment deli vered to or rented by Customer Customer's obligation will apply ta the extent permitted by law ta all accidents or incidents regardless of whether same occur as a result of Customer's or third party's negligence, fault or other legal liability Customer will have no obligation to defend. indemnify or hold harmless Campany if the accident or incident arises out of !he sale negligence or v�llful misconduct of Campany Campany, its officers, directors, employees and agents shall not, under any circumstances. be liable ta Customer for consequential, incidental. special, exemplary or punitive damages arising out of or relating to the Equipment Customer's sole and exclusive remedy far any claims or causes of action arising out of or related ta the Equipment shall be to recover from Company direct damages in an amount not to exceed the amount pa:d by Customer far use of the Equipment 9. No Prorating Agreed upon rates are the complete billing periods and are not to be prorated 10. Termination Campany may terminate this agreement and remove the Equirr ment immediately in the event (i) Customer fails to pay any amount wtien due to Campany, (11) Customer otherwise breaches or rejects any of these Terms and Conditions, (iii) there is any loss of or damage to the Equipment, (iv) any lien is placed, or Is proposed to be placed. on any of the Equipment. or (v) a proceeding in bankruptcy or for other protection from creditors is commenced by or against Customer Campany shall not be responsible for lass of any personal property on the Site, which may be caused by removal al any of Company's Equipment pursu ant to this paragraph 11. Governance This agreement shall be governed by and construed in accor dance with the laws of the state. shown on the invoice, in which the Compants place of business is located, without giving effect to any choice or conflict of law provision or rule that would cause the appl1cat1on of the law; of any 1unsdiction other than such state. Each of the parties submits ta the Jurisdiction of any slate or federal court s,tting ,n such state, in any action or proceeding arising out of or relating to this agreement All claims in respect of !he action or proceeding may be heard and determined in any such court. No failure by Company to exercise any right hereunder shall operate as a waiver of any other right hereunder. and a waiver of any right on one occasion shall not constitute a bar to or a waiver of any such right on any future occasion. All modifications to these Terms and Conditions shall be in v,riting 12. Taxes & Fees Customer shall pay any and all taxes. license fees or permit fees arising out of use of the Equipment Customer shall pay such taxes whether such taxes are shown on the invoice or whether such taxes are later claimed by a governmental authority In the event of a claim by a governmental authority for taxes related ta the Equipment. Customer shall pay to Company such taxes on demand 13. Additional Terms Additional Terms and Conditions apply ta rental and service of Storage Containers(' Sheds") and Temporary Power equipment These Terms I'. Conditions are shown on the back of your contract far these items 14. Errors & Omissions Company reser,es IM right to correct any erroneous inlorma�on that may appear In the invoice or may have appeared in a prior invoice including. without limitation, Customer's name or address. or billing amounts 15. Conditional Payments Any payment check. or other form of payment that you send us for less than the full balance due that is marked 'paid in full" or contains a similar notation, or that you otherwise tender in full satisfaction of a disputed amount, must be sent to United Site Services Inc., ;o Washington Street, Suite 1000, Westborough, MA 01581 We reserve all our rights regarding these payments ( e g., if it is determined there is no valid dispute, or if any such check is received at any other address, we may accept the check and you v�II still owe any remaining balance). We ma1· refuse to accept any such payment by returning it to you. not cashing 1t or destroying ti. All other payments that you make shall be sent to the address on the invoice