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HomeMy WebLinkAboutCO 1 r CAG-14-098, CO #1-14 Now New 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 • 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 Page 1 of 5 2014-2-13124-ACIA-STPMNIH • 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. Page2of 5 2014-2-13124-ACIA-STPMMH 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 Page3of 5 2014-2-13124-AC IA-STPMM H 3 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. Page 4 of 5 2014-2-13124-ACIA-STPMMH ; 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 9 2014-2-13124-ACIA-STPMMH