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CAG-14-098, CO #1-14
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CHANGE ORDER OWNER: City of Renton
ARCHITECT:
CITY OF RENTON CONTRACTOR: Thyssenkrupp Elevator Corp.
Project Name Senior Center Jack Repairs
Project Address 233 Burnett Ave S
Renton,WA Date 12-Aug-14
Change Order No.: 1
Contractor Name: Thyssenkrupp Elevator Corp.
&Address 2120 130th Ave NE City CAG No.: CAG-14-098
Bellevue,WA 98005
The Contract Is hereby amended as follows:
Payment and Performance Bond $ 1,162.05
Washington State Sales Tax at 9.5% $ 110.39
TOTAL CONSTRUCTION COST IMPACT OF THIS CHANGE ORDER $ 1,272.44
The change order shall Include all Contractor(s)labor,material,overhead,profit,and all direct and/or
Indirect costs allocated with the Change in Scope of Work. Excluding Bond Premiums.
This Change Order is not valid unless signed by the Owner and Contractor
The original Contract Sum was ...... $ 46,482.00
Net Change by previously authorized Change Order(s)was $ -
The Contract Sum prior to this Change Order was............................ $ 46,482.00
The Contract Sum will be revised by this Change Order in the amount of............... $ 1,272.44
The new Contract Sum incorporating this Change Order will be . $ 47,764.44
0 days
by Construction Change Directive or Field Directive forms.
OWNER CONTRACTOR
.0,4111111 \\,. i111%
City of ton Thyssenkn ' t. C. pany
Community Services Dept. 2120 130th e N
1055 South Grady Way Bellevue,WA 98005
Renton,Washington 98057
Date l Date
v
Terry Higashiyama
Community Services Administator
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Thyssen Krupp Elevator Americas ThyssenKrulp
WORK ORDER
Date: August 11,2014 Purchaser CITY OF RENTON
Building Name: SENIOR CITIZEN CENTER Contact Name: Greg Stroh
Address: 211 BURNETT AVE N Title:
City/ST/ZIP: RENTON, WA,98057-5626 Address: 1055 S GRADY WAY
Contract#: City/ST/ZIP: RENTON,,98057-3232
Phone: +1 425 4306614
Scope of Work;
Purchaser authorizes ThyssenKrupp Elevator Corporation to perform the following described work on the following vertical
transportation equipment in the above building:
Repairs Summary:
Performance and Payment Bond
This is a change order to add the amount listed below to repair order#151937.
These additional costs will be used to provide a performance and paymen bond for the project listed above.
Purchaser agrees to pay the sum of:One Thousand One Hundred Sixty Two Dollars and Five Cents($1,162.05)
plus any applicable sales tax billed In addition to this contract price.
Price includes shipping and delivery and sales/use tax imposed on TKEC but does not Include sales or gross
receipts tax that may be billed in addition to the contract price.No permits or inspections by others are included in
this work,unless otherwise indicated herein.
if
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ThyssenKrupp Elevator Americas 14) ThyssenKrupp
Terms and Conditions.
Unless stated otherwise elsewhere in this document,the price of this Work Order includes all applicable sales and use
taxes,permit fees and licenses imposed upon ThyssenKrupp Elevator as of the date that ThyssenKrupp Elevator first
offers this Work Order for Purchaser's acceptance.Purchaser agrees to pay any additional taxes,fees or other charges
exacted from Purchaser or ThyssenKrupp Elevator on account thereof,by any law enacted after the date that
ThyssenKrupp Elevator first offered this Work Order for Purchaser's acceptance.A service charge of 1'/z%per month,or
the highest legal rate,whichever is less,shall apply to delinquent accounts.
Purchaser's acceptance of this Work Order 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.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 Work Order 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 Work Order 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 Work Order without the prior written
approval of an authorized ThyssenKrupp Elevator manager.
•
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,
judgements,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's performance of this Work Order 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 Work Order or the manufacture,delivery or installation of any equipment
described in this Work Order.Purchaser shall bear all cost(s)for any re-inspection of ThyssenKrupp Elevator's work due
to items outside the scope of this Work Order or for any inspection arising from the work of other trades requiring the
assistance of ThyssenKrupp Elevator.If any drawings,illustrations or other descriptive materials were furnished in
conjunction with this Work Order,they were intended solely as approximations and to illustrate the general style and
arrangement of equipment being offered and should,under no circumstances,be retied upon for their accuracy.Unless
otherwise agreed,it is understood that the work described above will be performed during regular working hours of the
trades involved.if 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 Work Order.
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Thyssonkr upp
ThyssenKrupp Elevator Americas
in consideration of ThyssenKrupp Elevator performing the services herein specified,Purchaser,to the fullest extent
permitted by law,expressly agrees to Indemnify,defend,save harmless,discharge,release and forever acquit
ThyssenKrupp Elevator Corporation,ThyssenKrupp Elevator Manufacturing,Inc.,their respective employees,officers,
agents,affiliates,and subsidiaries from and against any and all claims,demands,suits,and proceedings for loss,
property damage(including damage to the equipment which is the subject matter of this Work Order),personal injury or
death that are alleged to have arisen out of the presence,use,misuse,maintenance,installation,removal,repair,
replacement,modernization,manufacture,design,operation or condition of the equipment that is the subject matter of
this Work Order or any equipment located underground,in the elevator car/cab,In the elevator machine room and/or In
the holstways of the project location.Purchaser's duty to indemnify does not apply to the extent that the loss,property
damage(including damage to the equipment which is the subject matter of this Work Order),personal injury or death Is
determined to be caused by or resulting from the sole negligence of ThyssenKrupp Elevator and/or its employees.
Purchaser recognizes that Its obligation to ThyssenKrupp Elevator under this clause Includes payment of all attorneys'
fees,court costs,judgements,settlements,interest and any other expenses of litigation arising out of such claims,
demands,suits or proceedings.
Purchaser further expressly agrees to name ThyssenKrupp Elevator Corporation and ThyssenKrupp Elevator
Manufacturing,Inc.along with their respective officers,agents,affiliates and subsidiaries as additional insureds in
Purchaser's liability and any excess(umbrella)liability Insurance policy(ies).Such insurance must insure the
above-referenced additional Insureds for those claims and/or losses referenced in the above paragraph,and for claims
and/or or losses arising from the additional insureds'sole negligence or responsibility.Such insurance must specify that
its coverage is primary and non-contributory.Purchaser hereby waives its right of subrogation.
By executing this Work Order,Purchaser agrees that In no event shall ThyssenKrupp Elevator be liable for any
consequential,indirect,incidental,exemplary,special or liquidated damages of any type or kind under any circumstances
Including 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.ThyssenKrupp Elevator
shall automatically receive an extension of time commensurate with any delay regarding the aforementioned.Should loss
of or damage to ThyssenKrupp Elevator's material,tools or work occur at the location that is the subject of this Work
Order,Purchaser shall compensate ThyssenKrupp Elevator therefore,unless such loss or damage results solely from
ThyssenKrupp Elevator's own acts or omissions.
Purchaser agrees that all existing equipment removed by ThyssenKrupp Elevator in the performance of the work
described above shag become the exclusive property of ThyssenKrupp Elevator.ThyssenKrupp Elevator retains title to all
equipment supplied by ThyssenKrupp Elevator under this Work Order and a security interest therein,(which,it is agreed,
can be removed without material injury to the real property)until all payments under the terms of both this Work Order
and any mutually agreed to-change orders have been made.In the event Purchaser fails to meet any of its obligations
under this Work Order,Purchaser authorizes ThyssenKrupp Elevator to take Immediate possession of the equipment
Installed under this Work Order and enter upon the premises where it 1s located(without legal process)and remove such
equipment or portions thereof irrespective of the manner of its attachment to the real estate or the sale,mortgage,or
lease of the real estate.Pursuant to the Uniform Commercial Code,at ThyssenKrupp Elevator's request,Purchaser
agrees to join with ThyssenKrupp Elevator in executing any financial or continuation statements which may be
appropriate for ThyssenKrupp Elevator to file in public offices in order to perfect its security interest In such equipment.
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
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ThyssenKrupp Elevator Americas ` ThysseniCr°upp
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 Work Order 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 Work Order.In the event any portion of this
Work Order 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 Work Order.This Work Order 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.
ThyssenKrupp Elevator does not assume any responsibility for any part of the vertical transportation equipment other
than the specific components that are described in this Work Order and then only to the extent ThyssenKrupp Elevator
has performed the work described above.ThyssenKrupp Elevator has made no examination of,and assumes no
responsibility for,any part of the elevator equipment except that necessary to do the work described above.It is agreed
that possession and control of the vertical transportation equipment remains Purchaser's exclusively as the owner,lessor,
lessee,possessor,or manager thereof.
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.
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ThyssenKrupp Elevator Americas ]` ThyssenKt tip
Unless otherwise stated,you agree to pay 100%upon completion.
To indicate acceptance of this work order,please sign and return one(1)original of this agreement to the address
shown below.Upon receipt of your written authorization and required materials and/or supplies,we shall implement the
work order.
This Work Order is submitted for acceptance within 30 days from the date executed by ThyssenKrupp Elevator
Corporation.
Purchaser's acceptance of this Work Order together with the terms and conditions printed on subsequent pages hereof
and which are expressly made a part of this proposal and agreed to,will constitute exclusively and entirely the
agreement for the work herein described.All prior representations or agreements regarding this work,whether written or
verbal,will be deemed to be merged herein,and no other changes in or additions to this agreement will be recognized
unless made in writing and properly executed by both parties.This Work Order specifically contemplates work outside
the scope of any maintenance contract currently in effect between the parties;any such contract shall be unaffected by
this Work Order.
No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the written
approval of an authorized ThyssenKrupp Elevator Corporation manager.
ThyssenKrupp Elevator Corporation CITY OF RENTON ThyssenKrupp Elevator Corporation
Approval
BY IL!! BY � 1 By
(Signal a'ThyssenKrupp ` ( ignature of (Signature of
Eleva ,r Representative) Authorized Individual) Authorized Individual)
66(2.e..6 � � Sarah Waterman
Jonathan Powell (Print or Type Name) Branch Manager
Sales Representative
jonathan.powell @thyssenkrupp.com
(Print or Type Title)
ate Submitted) ate o Approval) (Date of Approval)
Terry Higashiyama
Pa e 5 of 5 Community Services Administator
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