HomeMy WebLinkAboutContract `tare *4111001 CAG-14-098
Community Services Department
RENTON THYSSENKRUPP ELEVATOR AGREEMENT
THIS AGREEMENT("Agreement") is made as of the day ofju Q) ,_, 2014, (the "Effective
Date") by and between the City of Renton, a non-charter code city under RCW 35A, and a
municipal corporation under the laws of the State of Washington, through its Community
Services Department and ThyssenKrupp Elevator Corporation, to make necessary elevator-jack
repairs at the Renton Senior Activity Center, 233 Burnett Avenue South, Renton, WA. Renton
and Contractor agree as set forth below.
1. Parties: The City of Renton ("Renton") and ThyssenKrupp Elevator Corporation
("Contractor") who are collectively referred to as the "Parties". There are no other
parties or intended beneficiaries.
2. Scope of Services: Contractor will provide all material and labor necessary to perform all
work described in the Proposal which is attached and fully incorporated into this
Agreement by reference as Attachment"A."
3. Changes in Scope of Services: Renton, without invalidating this Agreement, may order
changes to the Scope of Services consisting of additions, deletions or modifications, the
Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes
in the work shall be authorized by written Change Order signed by the Parties. Likewise,
and specific to this Agreement,the Parties agree that all schedules and completion dates
shall be agreed upon, in writing,by the Parties.
4. Time of Performance: Contractor shall commence performance of the Agreement no
later than 90 calendar days after the Agreement's Effective Date.
5. Term of Agreement:The Term of this Agreement shall end at completion of the Scope of
Services. This-Agreement may be extended to accomplish change orders, if required,
upon mutual written agreement of Renton and Contractor.
6. Agreement Sum: The total amount of this Agreement is the sum of Forty Six Thousand
Four Hundred Eight Two and NO/100 Dollars ($46,482.00). which does not include
Washington State Sales Tax. This amount may be adjusted to a mutually agreed amount
based on changes to the Scope of Services.
7. Consideration: In exchange for Contractor's performance of the items and
responsibilities identified in the Scope of Services, Renton agrees to make payment of
the amount identified as the Agreement Sum.
8. Method of Payment: Payment by Renton for the Services will only be made after the
Services have been performed, a voucher or invoice is submitted in a form acceptable to
Renton, and Prevailing Wage Intent(s) and Affidavit(s) are approved by the State.
Payment of the initial 95% will be made in the next pay cycle of the Renton Finance
Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The
remaining 5% will be retained for the purpose of completion of the project and
fulfillment of claims and liens. Renton shall have the right to withhold payment to
Contractor for any work not completed in a satisfactory manner until such time as
Contractor modifies such work so that the same is satisfactory.
9. Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, its
elected officials, officers,agents, employees and volunteers,from and against any and all
claims, losses or liability, or any portion of the same, including but not limited to
reasonable attorneys' fees, legal expenses and litigation costs, arising from injury or
death to persons, including injuries, sickness, disease or death of Contractor's own
employees, agents and volunteers, or damage to property caused by Contractor's
negligent act or omission, except for those acts caused by or resulting from a negligent
act or omission by Renton and its officers,agents, employees and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to
RCW 4.24.115,(Validity of agreement to indemnify against liability for negligence relative
to construction, alteration, improvement, etc., of structure or Improvement attached to
real estate...) then, 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 Renton, its officers, officials, employees and volunteers,
Contractor's liability shall be only to the extent of Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Contractor's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
10. Insurance: Contractor shall secure and maintain:
a. Commercial general liability insurance in the minimum amounts of
$1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement.
b. Professional liability insurance, in the minimum amount of$1,000,000 for
each occurrence, shall also be secured for any professional services being provided to
Renton that are excluded in the commercial general liability insurance.
C. Workers' compensation coverage, as required by the Industrial Insurance
laws of the State of Washington,shall also be secured.
d. Automobile Liability insurance, in a minimum combined single limit for
bodily injury and property damage of$1,000,000 for each accident. This is required of all
Consultant and professional service providers where a vehicle will be used on the
contract. Renton may request a copy of Consultant's driving record abstract.
"Consultant" in this Subsection shall mean the Consultant providing professional
services, as well as the consultant's agents, employees, representatives, and/or
volunteers who may operate a motor vehicle in relation to any Service to be provided
under this Agreement.
e. It is agreed that on Contractor's commercial general liability policy, the
City of Renton will be named as an Additional Insured on a non-contributory primary
basis. Renton's insurance policies shall not be a source for payment of any Contractor
liability.
f. Subject to Renton's review and acceptance, a certificate of insurance
showing the proper endorsements, shall be delivered to Renton before executing the
work of this Agreement.
g. Contractor shall provide Renton with written notice of any policy
cancellation,within two(2) business days of their receipt of such notice.
11. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the Contractor agrees as follows:
a. Contractor, and Contractor's agents, employees, representatives, and
volunteers with regard to the services performed or to be performed under this
Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality,
creed, marital status, sexual orientation or preference, age (except minimum age and
retirement provisions), honorably discharged veteran or military status, or the presence
of any sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application for
employment, the administration of the delivery of services or any other benefits under
this Agreement,or procurement of materials or supplies.
b. The Contractor will take affirmative action to insure that applicants are
employed and that employees are treated during employment without regard to their
race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or
mental handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other, forms of compensation and
selection for training.
C. If Contractor fails to comply with any of this Agreement's non-
discrimination provisions, Renton shall have the right, at its option, to cancel the
Agreement in whole or in part.
d. Contractor is responsible to be aware of and in compliance with all
federal, state and local laws and regulations that may affect the satisfactory completion
of the project, which includes but is not limited to fair labor laws and worker's
compensation.
12. Independent Contractor: Contractor's employees, while engaged in the performance of
any of Contractor's services under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of Renton and as a result, shall
not be entitled to any coverage or benefits from the City of Renton. Contractor's relation
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to Renton shall be at all times as an independent contractor. Any and all Workman's
Compensation Act claims on behalf of Contractor employees, and any and all claims
made by a third-party as a consequence of any negligent act or omission on the part of
Contractor's employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Contractor's obligation and responsibility.
13. Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing
wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the
beginning of the project and an Affidavit of Wages Paid at the end of the project with the
Washington State Department of Labor and Industries, at the following site:
http://www.Ini.wa.gov/TradesLicensing/PrevWage/`defauIt.asp.
14. Retainage in Lieu of Bond: In lieu of a performance bond, Renton will retain fifty percent
(50%) of the contract amount for a period of forty-five (45) business days after Final
Acceptance of the work.
15. Record Keeping and Reporting: Contractor shall maintain accounts and records which
properly reflect all direct and indirect costs expended and services provided in the
performance of this Agreement. Contractor agrees to provide access to any records
required by Renton.
16. Other Provisions:
a. Administration and Notices. Each individual executing this Agreement on
behalf of Renton and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of Renton or Contractor.
Any notices required to be given by the Parties shall be delivered at the addresses set
forth below. Any notices may be delivered personally to the addressee of the notice or
may be deposited in the United States mail, postage prepaid, to the address set forth
below. Any notice so posted in the United States mail shall be deemed received three(3)
calendar days after the date of mailing. This Agreement shall be administered by and
any notices should be sent to the undersigned individuals or their designees.
b. Amendment and Modification. This Agreement may be amended only by
an instrument in writing,duly executed by both Parties.
C. Assignment and Subcontract. Contractor shall not assign or subcontract
any portion of this Agreement without the City of Renton's prior express written
consent.
d. Compliance with Laws. Contractor and all of the Contractor's employees
shall perform the services in accordance with all applicable federal, state,county and city
laws, codes and ordinances.Additionally, for contracts that will be either partially or fully
funded with federal grants and exceed Twenty-Five Thousand Dollars ($25,000), all
Contractors shall verify the federal suspension and debarment status of any
subcontractor or third-party working on the behalf, request, direction, or under the
authority of the Contactor. A copy of this language must be made a part of any
contractor or subcontractor agreement.
e. Conflicts. In the event of any inconsistencies between contractor
proposals and this contract,the terms of this contract shall prevail.
f. Governing Law. This Agreement shall be made in and shall be governed
by and interpreted in accordance with the laws of the State of Washington.
g. Joint Drafting Effort. This Agreement shall be considered for all purposes
as prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other event
of negotiation,drafting or execution.
h. Jurisdiction and Venue. Any lawsuit or legal action brought by any party
to enforce or interpret this Agreement or any of its terms or covenants shall be brought
in the King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County,Washington,or its replacement or successor.
i. Severability. A court of competent jurisdiction's determination that any
provision or part of this Agreement is illegal or unenforceable shall not cancel or
invalidate the remainder of this Agreement, which shall remain in full force and effect.
j. Sole and Entire Agreement. This Agreement contains the entire
agreement of the Parties and any representations or understandings, whether oral or
written, not incorporated are excluded.
k. Third-Party Beneficiaries. Nothing in this.Agreement is intended to, nor
shall be construed to give any rights or benefits in the Agreement to anyone other than
the Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
1. Waivers. All waivers shall be in writing and signed by the waiving party.
Either party's failure to enforce any provision of this Agreement shall not be a waiver and
shall not prevent either Renton or Contractor from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless
it is expressly waived in writing.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of
Effective Date.
CITY OF RENTON CONTRACTOR
Terry shy a, Community
Ser ' a inistrator
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Denis Law, Mayor
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Bonnie I . Walton, City Clerk
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CITY OF RENTON
CONTRACT
Attachment "A"
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Elevator Jack-Repair
Renton Senior Activity Center
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Th ssenKru pp Elevator Americas '
ThyssenKrupp
Work Order
AW' MR
ATTENTION
Date: February 25,2014 Purchaser: CITY OF RENTON
Building Name: SENIOR CITIZEN CENTER Contact Name: Dennis Conte
Address: 211 BURNETT AVE N Title: Facilities Supervisor
City/ST/ZIP: RENTON,WA 98057-5626 Address: 1055 S GRADY WAY
Contract M City/ST/ZIP: RENTON,WA 98057-3232
Phone: 1 425 4306643
Purchaser authorizes ThyssenKrupp Elevator Corporation to perform the following described work on the following vertical
transportation equipment in the above building:
Jack-16-354-13849
ThyssenKrupp Elevator proposes to furnish the necessary labor and materials to replace the existing cylinder with an
ASME A17.1 --2000 Cade compliant cylinder with a sealed cylinder protection finer.
SCOPE OF WORK:
• Erect safety/sight barricades,lay protective floor covering around work areas.
• Suspend and secure(two methods)the elevator in the uppermost portion of hoistway.
• The hydraulic plunger shall be disconnected,landed and removed from the cylinder,then set aside for reuse. If the
jack head Is obsolete in design or the hydraulic plunger is damaged,an entirely new jack assembly,which consists of
cylinder, plunger and jack head will be fumished.
• Remove the oil fine,shutoff valve,pit channels and buffers from pit area.
• Jackhammer removal of concrete surrounding jack head.
• Hydraulic fluid shall be removed from the cylinder and stored In approved containers.
• Remove existing cylinder from the ground and dispose of properly.
• Remove hazardous debris from inside of present well casing and store in approved containers(See Special
conditions).
• Install protective PVC(polyvinyl chloride)casing that Includes a means of monitoring for corrosive moisture.
• Apply protective coating to new cylinder to aid In protection against corrosion.
• Thread and weld cylinder sections together,allow cooling and protective wrap at joints.
• Install new hydraulic cylinder with double bulkhead bottom made of steel pipe compliant with Elevator Safety Code
ASME Code A17.1--2000 and the same I.D.and O.D.size as existing cylinder with new jack head.
• Backfill area between new PVC and hydraulic cylinder to stabilize lack assembly.
• Replace concrete pit floor with appropriate insulation material
• Reinstall hydraulic plunger into new cylinder-unless new jack assembly furnished-and plumb cylinder unit within 1/8"
tolerance.
• Reinstall hydraulic piping,shutoff valve,pit channels and buffers.
• Attach hydraulic plunger to the platen plate on underside of elevator and properly align.
• Install new jack seal and gasket(new head provided with cylinder).
• Provide new hydraulic fluid to the elevator hydraulic system and test for normal operation.
• Readjust valve,If required,to achieve proper operation.
• Perform Full Load Safety Test in the presence of state approved Elevator Inspector.
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• Disassemble and remove materials,tools and supplies and provide general clean-up.
• Return elevator to service.
Special Conditions:
1)The quoted price is based upon the existing jack hole being plumb and cased or jacketed to prevent hole collapse once
the existing jack is removed. The existing jack hole must be clear of rock,water,concrete,debris or any other
underground condition which hinders us from freely pulling the existing jack or installing the new jack or which alters the
method required to complete the project. If we encounter such conditions,we will notify you immediately and upon
execution of a change order, it is agreed that all additional work will be performed on a time and material basis,based on
standard billing rates,until the conditions which have caused the delay have been overcome.
2)Purchaser agrees to provide a safe,accessible storage area for placement of D.O.T.55 Gallon containers for the
purpose of spoils containment. Any spoils or water testing by others or delays due to such testing are not included in this
proposal. The hiring of a disposal company is the responsibility of Purchaser,and MUST be discussed prior to any
material being ordered or work being scheduled. 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) For the purpose of providing this estimate,we assume no unusual conditions as outlined in Items#1-2 above. If
necessitated by unusual conditions,a proposal for additional labor and materials shall be submitted to Purchaser for
approval prior to performance of additional work. ThyssenKrupp shall not be responsible for delays due to such causes.
4)Purchaser will be notified immediately of any circumstances that will require more than the allotted time and materials
provided in this proposal. Written authorization will be required for any labor or materials required beyond this original
proposal amount.
5)All labor estimates included herein are based upon work being performed during regular working days and hours of the
trade(M-F,8:00 a.m.to 5:00 p.m.). Work performed at other times will be in addition to the price indicated herein.
6)This proposal includes the Full Load Testing according to prevailing Codes at the time this proposal is accepted. If the
load test discloses any deficiencies in the operation of the equipment tested, an additional proposal will be submitted for
your approval for work needed to put the specific equipment in proper condition and in compliance with the above
mentioned specifications. ThyssenKrupp Elevator will exercise caution and care in performing this repair and tests,but will
not be responsible for damage done to the building and/or equipment while performing this work.
7)Welding affecting the building fire protection system may be required on this project. This will be coordinated with
Purchaser. -
8)Purchaser agrees to furnish suitable parking area with standard truck access.
In addition,TKE will provide 1 seal replacement prior to the replacement of the jack to allow for conitnuous use of the
elevator while the jack is being manufacturered and prior to the work commencing.
This work will be performed by a licensed repair crew during normal business hours. All ermits and inspections will be
P P
completed by TKE and are included in this proposal.
The elevator will be taken out of service for approximately 3 weeks to complete the work. If any of this work needs to be
performed on off-hours,the additional costs will be billed at our agreed upon contractual rates.
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Purchaser agrees to pay the sum of:FodY Six Thousand Four Hundred Eighty Two Dollars($46,482,00)excluding
all applicable taxes.Delivery and shipping is included.All work is to be performed during regular working days and
hours,unless otherwise indicated herein. No permits or inspections by others are included in this work,unless
otherwise indicated herein.
Unless otherwise stated,you agree to pay as follows: 50%upon signed acceptance and 50%upon completion.
To indicate acceptance of this work order,please sign and return one(1)original of this agreement to the address
shown below. Upon receipt of your written authorization and required materials and/or supplies,we shall implement the
work order.
This Work Order is submitted for acceptance within 30 days from the date executed by ThyssenKrupp Elevator
Corporation.
Purchaser's acceptance of this Work Order together with the terms and conditions printed on subsequent pages hereof
and which are expressly made a part of this proposal and agreed to,will constitute exclusively and entirely the
agreement for the work herein described.All prior representations or agreements regarding this work,whether written or
verbal,will be deemed to be merged herein,and no other changes in or additions to this agreement will be recognized
unless made in writing and properly executed by both parties.This Work Order specifically contemplates work outside
the scope of any maintenance contract currently in effect between the parties;any such contract shall be unaffected by
this Work Order.
No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the written
approval of an authorized ThyssenKrupp Elevator Corporation manager.
ThyssenKrupp Elevator CITY OF RENTON: ThyssenKrupp Elevator Corporation
Corporation: Approval:
By: By: By:
(Sig re yasenKrupp ($ Lure of (Signature of
Elev Representative) Authorized Individual) Authorized Individual)
Greg Stroh Sarah Waterman
Jonathan Powell (Print or Type Name) Branch Manager
Sales Representative
jonathan.powell@thyssenkrupp.com
Facilities Manager
(Print or Type Title)
518/2014
( ate Submitted) (Date of Approval) (Date of Approval)
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Terms and Conditions:
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. No work, service,examination or liability on the part of ThyssenKrupp Elevator is
intended,implied or included other than the work specifically described above.ThyssenKrupp Elevator Corporation 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 ThyssenKrupp Elevator does not assume possession or control of any part
of the vertical transportation equipment and that such remains Purchaser's exclusively as the owner, lessor,lessee,
possessor,or manager thereof.
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.
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.
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.
In consideration of ThyssenKrupp Elevator performing the work described above Purchaser,to the fullest extent permitted
by law,expressly agrees to indemnify,defend,save harmless, discharge, release and forever acquit ThyssenKrupp
Elevator, its employees,officers, agents,affiliates,and subsidiaries from and against any and all claims,demands, suits,
and proceedings brought against ThyssenKrupp Elevator, its employees,officers,agents,affiliates and subsidiaries 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 been caused by Purchaser or any others in connection with the presence, use, misuse,
maintenance, installation, removal,manufacture,design,operation or condition of the vertical transportation equipment j
that is the subject of this Work Order,or the associated areas surrounding such equipment. 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 negligence of
ThyssenKrupp Elevator and/or its employees.Purchaser recognizes that its obligation to ThyssenKrupp Elevator and its
employees,officers,agents,affiliates and subsidiaries under this clause includes payment of all attorney's fees, court
costs,judgments, settlements, interest and any other expenses of litigation arising out of such claims or lawsuits.
Insurance. Purchaser expressly agrees to name ThyssenKrupp Elevator along with its officers,agents,affiliates and
subsidiaries as additional insureds in Purchaser's liability and any excess(umbrella)liability insurance policy(ies).Such
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insurance must insure ThyssenKrupp Elevator, along with its officers,agents,affiliates and subsidiaries for those claims
and/or losses referenced in the above paragraph,and for claims and/or or losses arising from the sole negligence or
responsibility of ThyssenKrupp Elevator and/or its officers,agents,affiliates and subsidiaries. Such insurance must
specify that its coverage is primary and non-contributory. Purchaser hereby waives the right of subrogation.
ThyssenKrupp Elevator shall not be liable for any loss,damage or delay caused by acts of government, labor,troubles,
strikes, lockouts,fire,explosions,theft,riot,civil commotion,war,malicious mischief,acts of God,or any cause beyond its
control.ThyssenKrupp Elevator Corporation shall automatically receive an extension of time commensurate with any
delay regarding the work called for in this Work Order.
In the event that this Work Order includes a safety test of any type or kind ThyssenKrupp Elevator shall not be responsible
for any damage to the equipment that is the subject matter of the test or the associated building structure, any of its
contents or its appurtenances and Purchaser fully releases ThyssenKrupp Elevator from all such damage.
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 shall become the exclusive property of ThyssenKrupp Elevator. Moreover,ThyssenKrupp Elevator
retains title to all equipment it supplies 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 this Work Order, including
deferred payments and any extension thereof(if applicable),shall have been made. In the event of any default by
Purchaser in either the payment for work described in this Work Order or under any other provision of this Work Order,
ThyssenKrupp Elevator may take immediate possession 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 Corporation in executing any financing 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.
If any drawings,illustrations or descriptive matter are furnished with this Work Order,they are approximate and are
submitted only to show the general style and arrangement of equipment being offered.
Purchaser shall bear all cost(s)for any reinspection 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. f
Purchaser expressly agrees to release and discharge ThyssenKrupp Elevator Corporation from any and all claims for
consequential, special or indirect damages arising out of the performance of this Work Order.
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 are included in the Work Order price.
Purchaser agrees to pay, as an addition to the Work Order price,the amount of 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. In the
event of any default of the payment provisions herein, Purchaser agrees to pay, in addition to any defaulted amount, all
attorney fees, collection costs or court costs in connection therewith.
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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 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.
In the event Purchaser's acceptance of the work called for in this Work Order is in the form of a purchase order or other
kind of document,the provisions,terms and conditions of this Work Order shall exclusively govern the relationship
between ThyssenKrupp Elevator and Purchaser.
II
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6 of 7 2014 147221-ACIA-P9QZ7S
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ThyssenKrupp Elevator Americas
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SCHEDULING AND PRODUCTION
REQUEST FOR PAYMENT
Contract Number: Please Remit To:ThyssenKrupp Elevator Corporation
P.O. Box 933004
Attn: Dennis Conte Atlanta;GA 31193-3004
1055 S GRADY WAY Reference Number must be included with payment.
RENTON,WA 98057-3232
Terms epair No. Customer Reference Date Reference Number
No./PO
Immediate 2014-147221 February 25,2014 ACIA-P9QZ7S
Building Name Unit Number Repair Type
SENIOR CITIZEN CENTER 16-354-13849 Jack
Total Contract Price(Less applicable Taxes) e$23,241.00
Current Amount Due
THYSSENKRUPP ELEVATOR CORP
2021 130th Ave NE
Bellevue,WA 98005
425-702-1200
7of7
2014-147221-AGIA-P9QZ7S
NOW fir✓
City of Renton Community Services Department
Renton Senior Activity Center Repair Order
July 1,2014
Page 1 of 1
AMENDMENT NO. 1
This Amendment No. 1 shall be made a part of this Agreement, and in the event of conflict
with other articles, terms, conditions, or contract documents, this Amendment No 1 shall be
final. In no event shall ThyssenKrupp Elevator be liable for liquidated, indirect, special,
incidental, exemplary or consequential damages.
2: Amend so changes or modifications shall be agreed upon in writing, including contract
prices and schedule adjustment, prior to the commencement of work covered by changes or
modifications.
3: Amend so that both parties shall agree to all schedules and completion dates in writing
before becoming effective and the progress of work shall be upon reference to these
schedules. Amend so that Contractor shall automatically receive an extension of time
commensurate with any delay not solely caused by Contractor.
7: Amend so the Owner agrees to pay Contractor fifty percent (50%) of the contract value
upon the execution of this contract. Owner further agrees to pay Contractor the remaining
fifty percent (50%) upon the Contractor's completion of the work.
12: Amend to delete professional liability insurance. Amend so that the additional insured is
defended and indemnified for actions arising from Contractor's acts, actions omissions or
neglects; but is not defended or indemnified for its own acts, actions, omissions, neglects or
bare allegations. Amend so that it is understood that insurance will be provided on a per
policy basis.
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CITY OF RENTON THYSSEN UPP ANATOR CORPORATION
DATE 0 ' DATE
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Denis Law, ay— (. • : a)
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Bonnie I . Walton, Cityry'CIevk