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Home My WebLink AboutCAG2002-0503 - Change Order - #1 - Siemens Building Technologies, Inc. - HVAC Maintenance - 01/21/2003 1 I , ecords M " eme �1 KENT WRSXINOTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name:� Vendor Number: JD Edwards Number Contract Number: This is assigned by Mary Simmons Description: Detail: Project Name: Contract Effective Date: ` O 3 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment ' A Contract Manager: ( V ° `7i Department: Abstract: 1. ADCOM 07/02 KENT CITY OF KENT PARKS, RECREATION & COMMUNITY SERVICES CHANGE ORDER NUMBER 1 PROJECT NAME & NUMBER Add Kent City Hall Computer Room to HVAC Maintenance Contract TO Robert Dodd FROM Charles Lindsey, City of Kent Facilities DATE November 14, 2002 This Change Order shall only affect the terms indicated herein All other Contract provisions,which are not inconsistent with this Change Order, shall remain in effect For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows SCOPE OF CHANGE ORDER Provide all labor, materials, and equipment necessary to 1 This proposal includes one (1)operating inspection and one (1)Annual inspection of the Kent City Hall Computer Room Units The inspections will be performed to manufactures recommendations for equipment type Annual pressure washing of the condensing unit is included in this proposal Section 2 and 3 "Payment" and "Time for Completion" are modified as follows Original Contract Sum w/o WSST $31,124 1 st year 32,525 2"d year 33,988 3rd Previous Change Orders $0 Revised Contract Sum $31,124 1t year 32,525 2nd year 33,988 3rd Change Order#1 w/o WSST $924 1$ ear 972 2nu year 1,020 Y6 year Revised Contract Sum $32,048 15 year 33,497 2na year 35,008 3` Original Contract Completion Days Days Required for Completion ± Revised Project Completion Days ± Pursuant to Section 7 "Changes" of the contract executed by the City of Kent September 11,2002, the Contractor accepts all requirements of this Change Order by signing where indicated below Also, pursuant to the above-referenced contract provisions, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, onsite or home office overhead, or lost profits Changeorder1 honeywellshops 01/09/03 ,M Cvl �13) The parties whose names appear below swear under penalty of pegury that they are authorized to enter into a contract modification that is binding on the parties of this contract IN WITNESS WHEREOF, the parties have executed this Change Order on the day and year written below. CONTRACTTOOR�a CITY OF KENT By `� r By Name, 1 Wu �z� � Parks it for Date l'� Date Owner's signature represents authorization to proceed with modification Approved as to Form Attest By Tom Brubaker, Deputy City Attorney Brenda Jacober, City Clerk Changeorderl honeywellshops 01/09/03 SIEMENS Siemens Building Technologies, Inc. Landis Division 13020 20`h St. N.E. Bellevue, WA 98005 425.455-3700 FAX 425.455-3042 PROPOSAL Customer: The City of Kent No.: D-20025 Address: 400 W. Gowe St Date: 11/14/02 Kent, WA 98032 Project: Liebert Computer Room Unit TSP Additions Proposal: This proposal includes One (1) Operating Inspection and One (1) Annual Inspection of The Kent City Hall Computer Room Units. The inspections will be performed to manufactures recommendations for equipment type Annual pressure washing of the condensing unit is included in this proposal Technical Support Program Additions Liebert Computer Room Units Qty--2 Charges: Annual Amount Year 1 —August 1, 2002 through July 31, 2003 $924 00 Year 2 —August 1, 2003 through July 31, 2004: $972.00 Year 3 —August 1, 2004 through July 31, 2005• $1,020.00 Assumptions/ Clarifications: 1. Filter Changes will be the responsibility of The City of Kent 2. Repair and Replacement of failed parts are not cover under this agreement and will be billed at current Time & Material rates 3. Annual amount will be added to the quarterly billing cycles Remarks: 1 Prices quoted do not include sales tax 2 Pricing assumes work may be performed during normal business hours of Monday- Friday, 8 am to5pm Proposal Accepted Proposal Submitted Siemens Building Technologies, Inc is authorized to Siemens Building Technologies, Inc proceed with the work as proposed Signature Signature Print Name Print Name Robert Dodd Title Title Senior Service Sales Engineer Date SIEMENS TERMS AND CONDITIONS OF SALE (Contract Sales) 1 REMITTANCES All invoices shall be due and payable upon receipt in United States currency, free of exchange, or any other charges, or as otherwise agreed upon and set forth in writing by Siemens Building Technologies, Inc (hereinafter called "Seller') The Customer, if so requested agrees to furnish Seller with all information including financial statements, necessary to make a proper credit appraisal Refusal to supply information may cause this proposal to be withdrawn Terms of payment onginally granted are subject to the approval of continued credit status Prices are subject to correction for error 2 PROPOSALS This proposal is based upon straight-time labor Any request by the Customer for overtime work shall be considered an extra This proposal expires 30 days after its date,subject to the provisions of the first sentence of the paragraph below entitled"Acceptance of Terms" 3 PROGRESS PAYMENTS Seller reserves the right to invoice Customer monthly as the work progresses,for all materials delivered to the job site or to an off-site facility and for all work performed Dn-site and off-site Engineering, drafting and other mobilization costs incurred prior to installation shall be included in Sellers initial invoice and be equal to fifteen percent(15%)of the contract price Invoices are due upon receipt by Customer If the Customer becomes overdue in any progress payment, Seller shall be entitled to suspend work,shall be entitled to interest at the annual rate of 18%or the maximum permitted by the State of Illinois,and also to avail itself of any other legal remedies Seller shall also be entitled to interest on all amounts retained by Customer from progress payments or otherwise Customer agrees that he will pay and/or reimburse Seller for any and all reasonable attorneys fees which are incurred by Seller in the collection of amounts due and payable hereunder 4 CANCELLATION AND SUSPENSION Any contract resulting from this proposal is subject to cancellation or instructions to suspend work by the customer only upon agreement to pay Seller adjustment charge 5 TAXES The amount of any future sales, use, occupancy, excise, or other tax, federal, state, or local which Seller hereafter shall be obligated legally to pay,either on its own behalf of the Customer or otherwise,with respect to the material covered by this proposal,shall be added to such prices and paid by the Customer 6 LOSS, DAMAGE OR DELAY Seller shall not be liable for any loss, damage, or delay occasioned by any causes beyond Sellers control, including, but not limited to, governmental actions or orders, embargoes, strikes, differences with workmen, fires, floods, accidents, or transportation delays IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES 7 WARRANTY Seller warrants that the equipment manufactured and services furnished by it and covered by this proposal are free from defects in material and workmanship under normal use and service and,without charge,equipment found to be so defective in material or workmanship will be repaired or replaced, if written notice of failure is received by Seller within one(1)year after date of installation, provided said equipment has been operated in accordance with Sellers instructions and provided such defects are not due to abuse, fire or decomposition by chemical or galvanic action THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, EXPRESS OR IMPLIED THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE Seller assumes no responsibility for repairs made on Sellers equipment unless done by Sellers authorized personnel,or by written authority from Seiler Seller makes no guarantee with respect to material not manufactured by it 8 PURCHASER'S REMEDIES The Customers remedies with respect to equipment found to be defective in material or workmanship shall be limited exclusively to the right of repair or replacement of such defective equipment IN NO EVENT SHALL SELLER BE LIABLE FOR CLAIMS (BASED UPON BREACH OF IMPLIED WARRANTY) FOR ANY OTHER DAMAGES, WHETHER DIRECT, IMMEDIATE, FORESEEABLE, CONSEQUENTIAL, OR SPECIAL OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE OF EQUIPMENT WHICH DOES OR DOES NOT CONFORM TO THE TERMS AND CONDITIONS OF ANY CONTRACT RESULTING FROM THIS PROPOSAL 9 PATENT INFRINGEMENT Seller will hold its Customer and the Owner harmless from infringement of any United States patent covering equipment of its manufacture This,of necessity,is limited to the equipment per se and cannot be extended to applications of such equipment in a system, except in writing by an officer of Seller The Customer and Owner shall advise Seller immediately in the event any claims of infringement are brought to their attention 10 GOVERNING LAW Any contract resulting from this proposal shall be governed by, construed,and enforced in accordance with the laws of the State of Illinois 11 CERTIFICATION The person whose signature appears on the attached hereof hereby certifies that, to his best knowledge and belief, the annexed bid is not the result of any agreement, arrangement or understanding between the Seller and any other manufacturer or seller of automatic temperature control systems and that the prices,terms or conditions thereof have not been communicated by or on behalf of the Seller to any such person and wit not be communicated to any such person prior to the official opening of said bid 12 ACCEPTANCE OF TERMS This proposal shall become a binding contract between the Customer and Seller when accepted in writing by the Customer Such acceptance shall be with mutual understanding that the terms and conditions of this proposal are a part thereof with the same effect as though signed by both parties named herein and shall prevail over any inconsistent provision of said order No waiver,alteration,or modification of the terms and conditions on this and the attached hereof shall be binding unless in writing and signed by an authorized representative of Seller