Contract - TK Elevator Corporation - 9/12/2024 AGREEMENT BETWEEN THE CITY OF ROUND ROCK
AND TK ELEVATOR CORPORATION
FOR THE PURCHASE OF
ELEVATOR MODERNIZATION FOR THE BACA CENTER
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
This Agreement for the purchase of elevator modernization for the Baca Center, (the
"Agreement") is made and entered into on this the I day o 2024, by and
between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose offices are
located at 221 East Main Street, Round Rock, Texas 78664, (the "City,") and TK ELEVATOR
CORPORATION, whose offices are located at 3100 Interstate N Circle, SE Suite 500, Atlanta,
GA 30339 ("TK"). This Agreement supersedes and replaces any previous agreement between the
named parties,whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase elevator modernization goods and services for the
Baca Center, (herein referred to as"Goods and Services") from TK; and
WHEREAS, City is a member of the OMNIA Cooperative (herein referred to as
"OMNIA"); and
WHEREAS,TK is an approved OMNIA vendor through Contract#R200502; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW,THEREFORE,
For and in consideration of the mutual promises contained herein and other good and
valuable consideration,the receipt and suff ciency of which are hereby acknowledged,the parties
mutually agree as follows:
1.0 DEFINITIONS
A. Agreement means this binding legal contract between City and TK whereby
City is authorized to purchase the Goods and Services and TK will provide the Goods and
Services. This Agreement includes any exhibits, addenda, and/or amendments thereto. Any
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inconsistencies or conflicts in the documents shall be resolved by giving preference in the
following order:
(1) This Agreement;
(2) TK's Modernization Proposal attached hereto as Exhibit A;
(3) Any other exhibits, addenda, and/or amendments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date set out in the introductory paragraph above.
D. Goods and Services mean the elevator modernization goods and services
described in the TK Modernization Proposal attached hereto as Exhibit"A."
E. TK means TK Elevator Corporation,or any successors or assigns.
2.0 SCOPE OF WORK
A. The Goods and Services which are the subject matter of this Agreement are
described generally herein and described in more detail in the attached Exhibit"A," incorporated
herein by reference for all purposes.
3.0 COSTS
A. The City shall pay TK an amount not-to-exceed $145,320.92 for the Goods and
Services provided by TK pursuant to this Agreement.
B. The above amount shall be paid in progress payments as set for in Exhibit"A."
4.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251,V.T.C.A., Texas Government Code, any payment to be
made by City to TK will be made within thirty (30) days of the date City receives goods under
this Agreement,the date the performance of the services under this Agreement are completed, or
the date City receives a correct invoice for the goods or services, whichever is later. TK may
charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in
which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code,
Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in
the event:
1. There is a bona fide dispute between City and TK, a contractor, subcontractor, or
supplier about the goods delivered or the service performed that cause the
payment to be late; or
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2. There is a bona fide dispute between TK and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
3. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
4. The invoice is not mailed to City in strict accordance with this Agreement.
5.0 GRATUITIES AND BRIBES
City may, by written notice to TK, cancel this Agreement without liability to TK if it is
determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were
offered or given by TK or its agents or representatives to any City officer, employee or elected
representative with respect to the performance of this Agreement. In addition,TK may be subject
to penalties stated in Title 8 of the Texas Penal Code.
6.0 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in TK's charges.
7.0 INSURANCE
The City shall be added to TK's general liability insurance policy as an additional
insured. Such additional coverage shall only apply to the extent any damages covered by the
policy are determined to be caused by TK's acts, actions, omissions or neglects and not to the
extent cause by the additional insured's own acts, actions, omissions, or neglects or for bare
allegations. TK shall provide General Liability Insurance in the amount of$2,000,000 for Each
Occurrence, $2,000,000 for General Aggregate, Automobile Liability of $2,000,000 for
Combined Single Limit, and Worker's Compensation and Employer's Liability to meet statutory
requirements on a per policy basis..
8.0 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Eric Dady
Manager—Facility Maintenance
212 Commerce Boulevard
Round Rock,Texas 78664
(512)218-5472
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9.0 DEFAULT
If TK abandons or defaults under this Agreement, TK shall be declared in default of this
Agreement if it does any of the following and fails to cure the issue within thirty (30) days of
receipt of written notice:
A. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
B. Becomes insolvent or seeks relief under the bankruptcy laws of the United States,
and is unable to perform its material obligations under the Agreement.
Prior to a declaration of default and subsequent termination, TK shall be provided three
(3) days written notice specifying the nature of the default and an opportunity to cure said default
within said three(3)day period.
10.0 TERMINATION AND SUSPENSION
A. In the event of any uncured default by either party, the non-defaulting party has
the right to terminate this Agreement for cause, upon ten (10) days' written notice to the
defaulting party following the cure period.
B. If the City terminates this Agreement, the City shall be responsible only for
amounts due and owing up to the date of termination.
C. In the event of termination for convenience, City agrees to pay TK the
proportional contract value of work performed including contract value of materials in process of
fabrication, in transit, stored at jobsite or at other agreed location.
11.0 COMPLIANCE WITH LAWS, CHARTER, AND ORDINANCES
A. TK, its agents, employees and subcontractors shall use best efforts to comply with
all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards,bureaus and agencies.
B. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and(2)will not boycott
Israel and will not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of TK verifies TK does not boycott Israel and will not boycott Israel during
the term of this Agreement.
C. In accordance with Chapter 2274,Texas Government Code, a governmental entity
may not enter into a contract with a company with at least ten (10) full-time employees for a
value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract
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has a provision verifying that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The signatory
executing this Agreement on behalf of TK verifies TK does not have a practice, policy, guidance,
or directive that discriminates against a firearm entity or firearm trade association, and it will not
discriminate during the term of this Agreement against a firearm entity or firearm trade
association.
D. In accordance with Chapter 2274, Texas Government Code, a governmental entity
may not enter into a contract with a company with at least ten (10) full-time employees for a
value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract
has a provision verifying that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement. The signatory executing this Agreement on
behalf of TK verifies TK does not boycott energy companies, and it will not boycott energy
companies during the term of this Agreement.
12.0 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
13.0 NOTICES
A. All notices and other communications in connection with this Agreement shall be
in writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to TK:
TK Elevator Corporation
3100 Interstate N Circle, SE Suite 500
Atlanta, GA 30339
Notice to City:
City Manager Stephanie L. Sandre, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
B. Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and TK.
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14.0 APPLICABLE LAW, ENFORCEMENT, AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
15.0 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
TK and City. This Agreement may be amended or supplemented only by mutual agreement of
the parties hereto in writing.
16.0 DISPUTE RESOLUTION
City and TK hereby expressly agree that both parties shall have the right to litigate in a
court of competent jurisdiction and no claims or disputes between the parties arising out of or
relating to this Agreement, or a breach thereof shall be decided by any arbitration proceeding,
including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section
1-14)or any applicable state arbitration statute.
17.0 LIMITED LIABILITY
In no event shall TK be liable for any consequential, incidental, exemplary, special
damages, and/or liquidated damages. Any requirement or request that a TK employee sign a
personal guaranty shall be null and void.
18.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
19.0 MISCELLANEOUS PROVISIONS
A. Standard of Care. TK represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
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B. Time is of the Essence. The parties agree that, from time to time, certain unique
transactions may have special requirements relative to timing and, accordingly, the parties will
identify those transactions and exercise best efforts to accomplish those transactions within the
stated timeframe. Other timing requirements will be met in a commercially reasonable manner.
Where damage is caused to City due to TK's failure to perform in the special timing requirement
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
C. Miscellaneous Costs. All taxes tariffs, duties, permit and/or license fees imposed
upon TK as of the date of the execution of this Agreement are included in the price of the
Agreement. After the execution of this Agreement and in addition to the Agreement price, City
is also responsible to pay TK for any new (or increase in): (1) applicable taxes, tariffs, duties,
permit and/or license fees; (2) charges from its suppliers for any of the applicable materials
and/or components: (A) due to supply chain issues, the imposition of new or increased taxes,
tariffs, or other charges imposed by applicable governmental authorities; (B) if the release of
materials called for in this Agreement occurs after the milestone mentioned earlier in this
Agreement; and/or(C) if the completion of the work called for in this Agreement occurs after the
milestone mentioned earlier in this Agreement; and/or (3) charges from TK's shippers and/or
freight forwarders.
D. Binding Agreement. This Agreement shall extend to and be binding upon and
inure to the benefit of the parties' respective heirs, executors, administrators, successors and
assigns.
E. Multiple Counterparts. This Agreement may be executed in multiple
counterparts, any one of which shall be considered an original of this document; and all of
which, when taken together, shall constitute one and the same instrument.
[Signatures on the following page.]
IN WITNESS WHEREOF, City and TK have executed this Agreement on the dates
indicated.
TK Elevator or ion
By: L
Title: �'n b 1)u k
Date Signed:
City of Roun Rock,Te as
By:
Craig M gan, ayolr_
Date Signed:
For City,Attest:
By:
Zga r, -' City Clerk
MA Rn kl'vI
For City,Approved as to Form:
By -
Stephanie L. Sandre, City Attorney
S
CJlI11Ull h
Modernization Proposal Ti K a"
City of Round Rock BACA May 10,2024
Purchaser: City Of Round Rock Location: City of Round Rock BACA OMNIA
Address: 221 E Main St Address: 301 W Bagdad Ave Bldg B CONTRACT
Round Rock,TX 78664-5271 Round Rock,TX 78664-5819 #R200502
TK Elevator Corporation (hereinafter"TK"or"TK Elevator") is dedicated to delivering City Of Round Rock(hereinafter
"Purchaser")the safest, highest quality vertical transportation solutions. I am pleased to present this customized
Proposal (the "Proposal") in the amount of $145,320.92 to modernize the elevator equipment described in the pages
that follow at the above-referenced location. Until Purchaser provides an applicable and properly completed tax
exemption certificate, Purchaser will be billed not only the price set forth in this Proposal but also all applicable sales
tax.
Our modernization package is engineered specifically for your elevator system and will include the elevator mechanical
and electrical components being replaced, refurbished or retained.
Benefits of Modernization include:
• Increased durability and reliability
• Improved fire and life safety features
• Decreased waiting times
• Reduced energy consumption
• Reduced operational cost
• Reduced troubleshooting time
This Proposal shall remain in effect for the next thirty(30)days unless it is revoked earlier by TK Elevator in writing.
The price above is subject to escalation - even after Purchaser's acceptance of this Proposal — under certain
circumstances including TK Elevator being subjected to increased charges by its suppliers for any of the applicable
materials and/or components due to supply chain issues;the imposition of new or increased taxes,tariffs, or other
charges imposed by applicable governmental authorities;TK Elevator being subjected to increased charges from its
shippers and/or freight forwarders; any material called for in this Proposal being released into production more than 6
months following the written acceptance of this Proposal; or any work described in this Proposal is not completed by
December 31, 2024.
In the event you have any questions regarding the content of this Proposal, please do not hesitate to contact me. We
appreciate your consideration.
Sinc rely,
Michael Trahan
Modernization Sales Executive
michael.trahan@tkelevator.com
+1504 2147883
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Modernization Proposal l
SCOPE OF WORK
Grouping Name:1 Equipment Type: Hydraulic Speed:125 fpm
3 Stops (3 Front/0 Rear) Capacity:5000 lbs.
Units Included
Building Address Nickname TKE Serial #
301 W Bagdad Ave Bldg B
City Of Round Rock- BACA 1 US90856
Description of Work
Controller
- TAC 32 Controller(Includes Options listed below)
• 24 VDC Signal Voltage
• Auto Light and Fan Feature
• Car Independent Service
• Car Traveling Lantern Circuitry
• Door Bypass Operation
• Electronic Door Detector Interface
• Hoistway Access and Enable
• THY Board
- eMax Monitoring Device Provisions
- Solid State Starters(6 or 12 leads)460/575 VAC
- Battery Lowering in Controller
- Tenant Security 3-1 (Card Reader)
- Tenant Security Option
- Viscosity Control (Required over 150 FPM)
Power Unit
- 55 gallon drum of Biodegradable oil(Citgo NZ)
- 5 gallon drum of Biodegradable oil (Citgo NZ)
- 55 gallon drum of Biodegradable oil (Citgo NZ)
Jack
- 5-S Jack(Standard Wall)
- PVC for 5-S Jack with Moisture Sensor(Complete Enclosed System)
- Pit Mounting Channels
- 5-S Jack Joint(s)
- Pipe Stands
Car
- Fan:Two Speed
- Car Top Exit Switch
- Cab Wiring Material (200MK1)
Hoistway
- Miscellaneous
- HN Boxes(per each 2 cars, grouped)
- TAC 32 Field Friendly Wiring Package:
• Includes single traveling cable
• hoistway wiring
• interlock wiring
• interlock connectors
• serial wiring
2024-2-1697142 1 ACIA-27LXDNY I May 10, 2024 2
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Modernization Proposal 1
• FIBER OPTIC CABLE, HOISTWAY PIPING&DUCT ARE NOT INCLUDED.
Additional Hoistway Wiring for TAC 32 with Remote Machine Room
Steel Tape with Mounting hardware,Selector and magnets(terminal limits included)
Pit
- Pit Stop Switch
- Spring Buffer Model 12M (pair)(Max Gross Load 12000 lbs)
Cab- retain
Door Equipment
Gibs
Hoistway Hanger/ Hanger Rollers
Interlock/ Pick up Assemblies for existing Dover Operators. Includes closers. (Front)
- Micro Light(Front)
Front Door Operator(2SSS)Additional Lead Time
LD-16 Plus Drive Only(FRONT)
• includes Car Top Inspection station(w/alarm signal)
Car Fixtures
Main Car Station Includes Options Below
• Swing Return(Mini-Swing(Column type)for New/Existing Dover/tkE Cabs)
Vandal Resistant Floor Buttons
Debranded Car Station(No Logo)
Standard Braille Plates for Car Features
Standard Key Switch Package
• Fan
• Light
• Independent
• Stop
• Inspection/Hoistway Enable)
Emergency Light mounted in COP
2004 and later Fire Service Phase II Features(includes instructions signage)
- Handicap Signal (Passing signal)
- Position Indicator(2"CE Segmented)
ADA Phone System integral with COP(Rath)
- Speaker Pattern for Intercom System/ADA Phone
- No Smoking (Verbiage Engraved on Locked COmpartment)
Locked Service Cabinet
- Certificate Window
- Default Engravings
- GFI Outlet
- #4 Stainless Steel Finish (441)
- Emergency Light Test Button/Keyswitch
- TAC Serial Boards(Main)
Hall Fixtures
- Hoistway Access Switch in Hall Stations
- Serial Boards for Hoistway Access
- Serial Boards for Hall Lanterns/Pi's
- Surface Mounted Hall Lanterns Fusion (#4 S/S(304))
- Hoistway Jamb Braille(Pair of Standard)(# of Floors)
- Car Identification Plate(Pair)
- Terminal Hall Stations(Surface Mounted)with
• Appendix 0 (Pol carbonate insert flame)
• Fusion (#4 S/S 04))
- 2009 If 2010 Elevator Communications Failure add
- Serial Boards for Front Risers
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Modernization Proposal
TAC Serial Boards, Base Charge
Intermediate Hall Stations(Flush Mounted)(#4 S/S(441))
Terminal Hall Stations(Flush Mounted)(#4 S/S(441))
The following items will be completed by third party labor or suppliers through the coordination of TK:
Other-Sucker Truck
Other-Welder
1. Key Tasks and Approximate Lead Times
Key Tasks to be performed to be performed by Purchaser prior to equipment fabrication:
a. Execution of this Proposal
b. Payment for pre-production and engineering
c.Approval of layout(if applicable)
d. Execution of TK Elevator's Material Release Form
Approximate Durations/Lead Times
Contract execution Varies
(can run concurrently with layout drawing package preparation and approval)
Survey and Order of Materials(additional time required for cab,signal,entrance preparation and approval,if 4 - 6 Weeks
applicable)
Fabrication time 16 - 22 Weeks
(from receipt of all approvals,fully executed contract,Material Release Form and initial progress payment)
Modernization of elevator system (Per Unit): 5 -7 Weeks
(Upon completion of all required preparatory work by others)
The durations or lead times listed above are strictly approximations that can vary due to factors both within and
outside of TK Elevator's control, are subject to change without notice to Purchaser and shall not be binding on
TK Elevator.
2. Payment Terms
50%of the price set forth in this Proposal as modified by options selected from the section entitled "Value
Engineering Opportunities &Alternates" (if applicable)will be due and payable as an initial progress payment within
30 days from TK Elevator's receipt of a fully executed copy of this Proposal.This initial progress payment will be
applied to project management, permits,engineering and shop drawings, submittals, and drilling mobilizations(if
required).The material will not be ordered until this payment is received, and the parties have both executed this
Proposal and the Material Release Form.
25%of the price set forth in this Proposal as modified by options selected from the section entitled "Value
Engineering Opportunities&Alternates"(if applicable)shall be due and payable when the material described above
has been furnished. Material is considered furnished when it has been received at the jobsite or TK Elevator staging
facility. Supporting documentation of materials stored shall be limited to stored materials certificates of insurance and
bills of lading. Receipt of this payment is required prior to mobilization of labor.
25%of the price set forth in this Proposal shall be made as progress payments throughout the life of the project. In
the event TK Elevator fails to receive payment within thirty(30)days of the date of a corresponding invoice,
TK Elevator reserves the right to demobilize until such a time that the payments have been brought up to date,and
TK Elevator has the available manpower.
It is agreed that there will be no withholding of retainage from any billing and by the customer from any payment.
The payment terms breakdown above shall be considered the Schedule of Values for the project as written. Billing
shall be submitted on or before the 25th day of the month according to the payment schedule above and
accompanied by a form of G702-703 pay application/schedule of values and a conditional waiver,the format of which
is hereby acknowledged and accepted.
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Modernization Proposal
The use of online Portals for the submission of billing shall follow the terms of the Proposal and Customer agrees to
permit billing in accordance with the executed contract terms. Portal access and usage is to be provided free of
additional charge to TK Elevator and any additional cost for such use is to be reimbursed to TK Elevator via a
reimbursable change order immediately upon acceptance.
Purchaser agrees that TK Elevator shall have no obligation to complete any steps necessary to provide Purchaser with
full use and operation of the installed equipment until such time as TK Elevator has been paid 100% both of the price
reflected in this Proposal and for any other work performed by TK Elevator or its subcontractors in furtherance of this
Proposal. Purchaser agrees to waive any and all claims to the turnover and/or use of that equipment until such time as
those amounts are paid in full.
Proposal price: $145,320.92
Initial progress payment: (50%) $72,660.46
Material furnished: (25%) $36,330.23
Total of remaining progress (25%) $36,330.23
payments:
Any work that Purchaser may require prior to turnover of the equipment that is outside of the scope described in this
Proposal - other than Temporary Use as described below -will be performed only after the full execution of a mutually
agreeable change order and only at the following rates:
Mechanic(Standard) per hour $299.00
Mechanic(OT) per hour $524.00
Team (Standard) per hour $538.00
Team (OT)per hour $943.00
Rates are not inclusive of any per diem, mileage or other expenses which may be dependent on jobsite location.
3.Warranty
TK Elevator warrants any equipment it installs as described in this Proposal against defects in material and
workmanship for a period of one(1)year from the date of Purchaser's execution of TK Elevator's "Final Acceptance
Form"on the express conditions that all payments made under this Proposal and any mutually agreed-to change
orders have been made in full and that such equipment is currently being serviced by TK Elevator. In the event that
TK Elevator's work is delayed for a period greater than six(6) months,the warranty shall be reduced by the amount of
the delay.This warranty is in lieu of any other warranty or liability for defects.TK Elevator makes no warranty of
merchantability and no warranties which extend beyond the description in this Proposal, nor are there any other
warranties,expressed or implied, by operation of law or otherwise. Like any piece of fine machinery,the equipment
described in this Proposal should be periodically inspected, lubricated, and adjusted by competent personnel.This
warranty is not intended to supplant normal maintenance service and shall not be construed to mean that
TK Elevator will provide free service for periodic examination, lubrication, or adjustment, nor will TK Elevator correct,
without a charge, breakage, maladjustments,or other trouble arising from normal wear and tear or abuse, misuse,
improper or inadequate maintenance,or any other causes other than defective material or workmanship. In order to
make a warranty claim, Purchaser must give TK Elevator prompt written notice at the address listed on the cover page
of this Proposal and provided all payments due under the terms of this Proposal and any mutually agreed to written
change orders have been made in full,TK Elevator shall, at its own expense, correct any proven defect by repair or
replacement.TK Elevator will not, under any circumstances, reimburse Purchaser for cost of work done by others, nor
shall TK Elevator be responsible for the performance of any equipment that has been the subject of service, repair,
replacement, revisions or alterations by others. If there is more than one(1) unit which is the subject of work described
in this Proposal,this section shall apply separately to each unit as accepted.
4. Preventative Maintenance Program
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Modernization Proposal �
This Proposal does not include any maintenance, service, repair or replacement of the equipment or any other work
not expressly described herein.TK Elevator may submit a separate proposal to Purchaser covering the maintenance
and repair of this equipment to be supplied to Purchaser at an additional cost. In the event the Purchaser and TK
Elevator have a new or existing maintenance Agreement in effect at the time of the acceptance of this proposal and/or
during the scope of this work,the terms of the Agreement shall remain in full force and effect throughout the
performance of this scope of work and continue throughout the duration of the stated term in that Agreement.
5.Work Not Included
There are certain items that are not included in this Proposal, many of which must be completed by Purchaser prior to
and as a condition precedent to TK Elevator's performance of its work as described in this Proposal. In order to ensure
a successful completion of this project, it shall be solely Purchaser's responsibility to coordinate its own completion of
those items with TK Elevator.The following is a list of those items that are not included in this Proposal:
A. Hoistways and Equipment Rooms
1. Purchaser shall provide the following:
a.A dry legal hoistway,properly framed and enclosed,and including a pit of proper depth and overhead.This is to
include steel safety beam, inspection or access platforms,access doors,sump pump, lights,waterproofing and
venting as required; dewatering of pit(s)and required permanent screening/
b.A dry legal machine/control room, with clear rollable access adequate for the elevator equipment, including
floors,trap doors, properly sized legal machine room doors, gratings, machine room or roof access platforms,
roof/loading protection, ladders, railings,foundations,all hoist beams, lighting,ventilation sized per the
TK Elevator shop drawings and/or code requirements. Purchaser must maintain machine/control room(or
machine/control space within the shaft for MRL equipment)temperature between 55 and 90 degrees
Fahrenheit,with relative humidity less than 95% non-condensing at all times.
c.Adequate bracing of entrance frames to prevent distortion during wall construction.
d.All grouting,fire caulking,cutting,x-ray and removal of walls and floors, patching, coring,setting of sleeves/
knockouts, penetrations and painting(except as specified) and removal of obstructions required for elevator
work; along with all proper trenching and backfilling for any underground piping and/or conduit.
e.All labor and materials necessary to support the full width of the hoistway at each landing for anchoring or
welding TK Elevator sill supports, steel angles, sill recesses;
f.The furnishing, installing and maintaining of the required fire rating of elevator hoistway walls, including the
penetration of firewall by elevator fixture boxes;
g. Ensuring that the elevator hoistways and pits are dewatered,cleaned and properly waterproofed;
B. Electrical and Life Safety:
1. Purchaser shall provide a dedicated, analog telephone or data line to the elevator telephone or communication
device; one additional data line per group of elevators for diagnostic capability wired to designated controller;
2. Purchaser shall provide the following:
a.suitable connections from the power main to each controller and signal equipment feeders as required,
including necessary circuit breakers and fused mainline disconnect switches per N.E.C. prior to installation.
Suitable power supply capable of operating the new elevator equipment under all conditions;
b. piping and wiring to controller for mainline power,car lighting, and any other building systems that interface
with the elevator controls per N.E.C.Articles 620-22 and 620-51;
c. any required hoistway/wellway, machine room, pit lighting and/or 110v service outlets;
d. conduit and wiring for remote panels to the elevator machine room(s)and between panels. Remote panels
required by local jurisdictions are not included in this proposal;
e.a bonded ground wire, properly sized,from the elevator controller(s)to the primary building ground; and all
remote wiring to the outside alarm bell as requested by all applicable code provisions;
f. installed sprinklers, smoke/heat detectors on each floor, machine room and hoistways/wellways,shunt trip
devices(not self-resetting) and access panels as may be required as well as normally open dry contacts for
smoke/heat sensors,which shall be terminated by Purchaser at a properly marked terminal in the elevator
controller;
g. a means to automatically disconnect the main line and the emergency power supply to the elevator prior to the
application of water in the elevator machine room that shall not be self-resetting;
h. emergency power supply including automatic time delay transfer switch and auxiliary contacts with wiring to
the designated elevator controller and along with electrical cross connections between elevator machine rooms
for emergency power purposes;
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i.the following emergency power provisions are not included: interface in controller, pre-testing and testing,
emergency power keyswitches;
j.emergency power operation is included as part of the design of the elevator control system and based on each
car in the group only,to properly sequence, one at a time to the programmed landing,and park. The design
requires that the generator,transfer switch, and related circuitry are sufficient to run this function or any other
function for any building other system that is associated with this project. In the event that the generator,
transfer switch, and related circuitry are not sufficient,TK Elevator will provide Purchaser with a written change
order for Purchaser's execution.
k. a dry set of contacts which close 20 seconds prior to the transfer from normal power to emergency power or
from emergency power to normal power whether in test mode or normal operating conditions in the event that an
emergency power supply will be provided for the elevator;
f.confirmation that the emergency standby power generator and/or building can accept the power generated to
and from the elevator during both Hi-Speed and Deceleration. In cases where the generator and/or building load
is not electrically sized to handle the power return from the regen drive, additional separate chopper and resistor
units are available for purchase but not included in this proposal.The additional chopper and resistor units allow
regenerated power to be dissipated in the resistor bank and not sent back into the building grid.
C. Miscellaneous:
1. Purchaser shall provide all work relating to the finished cab flooring including, but not limited to,the provision of
materials and its installation to comply with all applicable codes;
2. Hydraulic jack replacement:
a.the excavation of the elevator cylinder well hole in the event drilling is necessary through soil that is not free
from rock, sand,water, building construction members and obstructions. Should obstructions be encountered,
TK Elevator will proceed only after written authorization has been received from the Purchaser.The contract
price shall be increased by the amount of additional labor at TK Elevator's standard labor rates as per the local
office along with any additional expenses and materials required;
b.adequate ingress and egress, including ramping,for rail-mounted or truck-mounted drill rig;
c. Purchaser is responsible for pumping truck contractor to remove and dispose of spoils from the site. In the
event that unforeseen and unfavorable below ground conditions are encountered, including but not limited to
concrete around the cylinder, construction debris, adverse water and/or soil conditions,erosion, cavitations,oil
contamination,or circumstances necessitating increased hole depth, etc.,which require the employment of
specialized contractors,TK Elevator shall immediately advise the Purchaser and costs will be extra to the
contract;
d. in ground protection systems other than TK Elevator's standard HDPE or PVC protection system with
bottomless corrugated steel casing;
e.any required trenching and backfilling for underground piping or casings, and conduit as well as any
compaction,grouting, and waterproofing of block-out;
f. engineering, provision and installation of methane barriers or coordination/access;
g. access to 2" pressurized water supply within 100'-0"of the jack hole location.-
h.
ocation;h. a safe, accessible storage area for placement of D.O.T. 55 gallon containers for the purpose of spoils
containment; obtaining of local environmental or disposal permits
i. any spoils or water testing;
6.Working Hours, Logistics and Mobilization
a.All work described in this Proposal shall be performed during TK Elevator's regular working days- defined as
Monday thru Friday and excluding IUEC recognized holidays - and regular working hours - defined as those
hours regularly worked by TK Elevator modernization mechanics at the TK Elevator branch office that will provide
labor associated with the performance of the work described in this Proposal - unless otherwise specified and
agreed to in writing by both TK Elevator and Purchaser(hereinafter TK Elevator's regular working days and
regular working hours shall be collectively defined as "normal working hours"). TK Elevator shall be provided with
uninterrupted access to the elevator hoistway and machine room areas to perform work during normal working
hours.
b. Purchaser shall provide on-site parking to all TK Elevator personnel at no additional cost to TK Elevator.
c. Purchaser shall provide traffic control, lane closures, permits and flagmen to allow suitable access/unload of
tractor trailer(s).
d. Purchaser agrees to provide unobstructed tractor-trailer access and roll-able access from the unloading area to
the elevator or escalator hoistways or wellways(as applicable).
e. Purchaser will be required to sign off on the Material Release Form,which will indicate the requested delivery
date of equipment to the site. If Purchaser is not ready to accept delivery of the equipment within ten(10)
business days of the agreed upon date, Purchaser will immediately make payments due for equipment and
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designate an area adjacent to the elevator shaft where Purchaser will accept delivery. If Purchaser fails to provide
this location or a mutually agreeable alternative,TK Elevator is authorized to warehouse the equipment at the TK
Elevator warehouse or designated distribution facility at Purchaser's risk and expense. Purchaser shall reimburse
TK Elevator for all costs due to extra handling and warehousing. Storage beyond ten (10) business days will be
assessed at a rate of$100.00 per calendar day for each unit listed in this Proposal,which covers storage and
insurance of the elevator equipment and is payable prior to delivery.
f. Purchaser agrees to provide a dry and secure area adjacent to the hoistway(s)at the ground level for storage of
the elevator equipment and tools within ten(10) business days from receipt at the local TK Elevator warehouse.
Any warranties provided by TK Elevator for vertical transportation equipment will become null and void if
equipment is stored in any manner other than a dry,enclosed building structure.Any relocation of the equipment
as directed by Purchaser after initial delivery will be at Purchaser's expense.
g.TK Elevator includes one mobilization to the jobsite.A mobilization fee of$5,000.00 per crew per occurrence
will be charged for pulling off the job or for any delays caused by others once material has been delivered and TK
Elevator's work has commenced.
h.Access for this project shall be free and clear of any obstructions.A forklift for unloading and staging material
shall also be provided by Purchaser at no additional cost.
L Purchaser shall provide an on-site dumpster.TK Elevator will be responsible for cleanup of elevator/ escalator
packaging material; however, composite cleanup participation is not included in this Proposal.
j.The hiring of a disposal company which MUST be discussed prior to any material being ordered or work being
scheduled.TK Elevator will provide environmental services ONLY if this is specifically included under the"Scope
of Work"section above.TK Elevator 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.
k. One or more of the units described in this Proposal will be out of service and unavailable to move passengers
and/or property during entire duration of the performance of the work described in this Proposal until re-certified
by the applicable authority(ies) having jurisdiction and in good standing with payment schedules.
I. If site specific rules and regulations classify the elevator pit as confined space, elevator pits will need to
reclassify a permit-required space to a non-permit required space prior to mobilization.
7.Temporary Use, Inspection and Turnover
a. Unless required by specification,TK Elevator will not provide for"temporary use"of the elevator(s)described
in this Proposal prior to completion and acceptance of the complete installation.Temporary use shall be agreed
to via a change order to this Proposal which shall require Purchaser's execution of TK Elevator's standard
Temporary Use Agreement.Cost for temporary use of an elevator shall be$200.00 per calendar day per
hydraulic elevator and$250.00 per calendar day for each traction elevator for rental use only,excluding
personnel to operate.All labor and parts, including callbacks required during the temporary use period will be
billed at TK Elevator's standard local billing rates. In the event that an elevator must be provided for temporary
use,TK Elevator will require 30 days to perform final adjustments and re-inspection after the elevator has been
returned to TK Elevator with all protection, intercoms and temporary signage removed.This duration does not
include any provisions for finish work or for repairs of same,which shall be addressed on a project-by-project
basis. Cost for preparation of controls for temporary use, refurbishment due to normal wear and tear,
readjustment and re-inspection is$5,000.00 per elevator up to 10 floors. For projects above 10 stops,an
additional cost of$1,500.00 /10 floors shall apply.These costs are based on work performed during normal
working hours.Temporary use excludes vandalism or misuse.Any required signage, communication devices,
elevator operators, and protection are not included while temporary use is being provided.All overtime premiums
for repairs during the temporary use period will be billed at TK Elevator's local service billing rates.
b.The Proposal price set forth above includes one(1) inspection per unit by the applicable authority having
jurisdiction if required by the government of the locality where the equipment is located. In the event the
equipment fails that inspection due to no fault of TK Elevator,TK Elevator will charge Purchaser for both the cost
of each re-inspection which shall be$1,500.00 and a remobilization fee which shall be$5,000.00 via change
order prior to scheduling a re-inspection.
c. Upon notice from TK Elevator that the installation and/or modernization of the equipment is complete,
Purchaser will arrange to have present at the jobsite a person authorized to make the final inspection and to
execute TK Elevator's"Final Acceptance Form."The date and time that such person will be present at the site
shall be mutually agreed upon but shall not be more than ten(10)business days after the date of TK
Elevator's notice of completion to Purchaser unless both TK Elevator and Purchaser agree to an extension of that
ten (10)day period in writing. Such final inspection and execution of TK Elevator's "Final Acceptance Form"shall
not be unreasonably delayed or withheld.
d.Should the Purchaser or the local authority having jurisdiction require TK Elevator's presence at the inspection
of equipment installed by others in conjunction with the work described in this Proposal, Purchaser agrees to
compensate TK Elevator for its time at TK Elevator's current billing rate as posted at its local office.
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e.At the conclusion of its work,TK Elevator will remove all equipment and unused or removed materials from the
project site and leave its work area in a condition that, in TK Elevator's sole opinion, is neat and clean.
f. Purchaser agrees to accept a live demonstration of equipment's owner-controlled features in lieu of any
maintenance training required in the bid specifications.
g. Purchaser agrees to accept TK Elevator's standard owner's manual in lieu of any maintenance, or any other,
manual(s) required in the bid specifications.
8. MAX
MAX is a cloud based Internet of Things(IoT) platform that we, at our election, may connect to your elevators and
escalators by means of installation of a remote-monitoring device or modem (each a "device"). MAX will analyze the
unique signal output of your equipment 24/7 and when existing or potential outages are identified, MAX will
automatically communicate with our dispatch centers. When appropriate,the dispatch center will alert our
technicians during normal working hours.These MAX alerts provide the technician with precise diagnostics detail,
which greatly enhances our ability to fix your equipment right the first time, MAXimizing the equipment uptime.
a. Purchaser authorizes TK Elevator and its employees to access purchaser's premises to install, maintain and/or
repair the devices and, upon termination of the service agreement, to remove the same from the premises if we
elect to remove.
b.TK Elevator is and shall remain the sole owner of the devices and the data communicated to us by the devices.
The devices shall not become fixtures and are intended to reside where they are installed.TK Elevator may
remove the devices and cease all data collection and analysis at any time.
c. If the service agreement between TK Elevator and Purchaser is terminated for any reason,TK Elevator will
automatically deactivate the data collection,terminate the device software and all raw data previously received
from the device will be removed and/or expunged or destroyed.
d. Purchaser consents to the installation of the devices in your elevators and to the collection, maintenance, use,
expungement and destruction of the daily elevator data as set forth in this agreement.
e.The devices installed by TK Elevator contain trade secrets belonging to us and are installed for the use and
benefit of our personnel only.
f. Purchaser agrees not to permit purchaser personnel or any third parties to use, access,tamper with, relocate,
copy,disclose, alter, destroy, disassemble or reverse engineer the device while it is located on purchaser's
premises.
g.The installation of this equipment shall not confer any rights or operate as an assignment or license to you of
any patents,copyrights or trade secrets with respect to the equipment and/or any software contained or
imbedded therein or utilized in connection with the collection, monitoring and/or analysis of data.
9.Additional Terms and Conditions
a. In no event shall TK Elevator be responsible for liquidated,consequential, indirect, incidental, exemplary, and
special damages associated with the work described in this Proposal.
b.This Proposal is made without regard to compliance with any special purchasing, manufacturing or
construction/installation requirements including, but not limited to, any socio-economic programs, such as small
business programs, minority or woman owned business enterprise programs, or local preferences, any restrictive
sourcing programs, such as Buy American Act, or any other similar local, state or federal procurement regulations
or laws that would affect the cost of performance.Should any such requirements be applicable to the work
described in this Proposal,TK Elevator reserves the right to modify this Proposal or rescind it altogether.
c.TK Elevator is an equal opportunity employer.
d.TK Elevator's performance of the work described in this Proposal is contingent upon Purchaser furnishing TK
Elevator with any and all necessary permission or priority required under the terms and conditions of government
regulations affecting the acceptance of this Proposal or the manufacture, delivery or installation of the
equipment.All applicable sales and use taxes, permit fees and licenses imposed upon TK Elevator as of the date
of the Proposal are included in the price of the Proposal. Purchaser is responsible for any additional applicable
sales and use taxes, permit fees and licenses imposed upon TK Elevator after the date of the Proposal or as a
result of any law enacted after the date of the Proposal.
e.All taxes,tariffs,duties, permit and/or license fees imposed upon TK Elevator as of the date of the execution of
this Proposal are included in the price of the Proposal. After the date of acceptance of this Proposal and in
addition to the Proposal price, Purchaser is also responsible to pay TK Elevator for any new(or any increase in):
(1)applicable taxes,tariffs, duties, permit and/or license fees; (2)charges from its suppliers for any of the
applicable materials and/or components:(A)due to supply chain issues,the imposition of new or increased taxes,
tariffs, or other charges by applicable governmental authorities;(B) if the release of materials called for in this
Proposal occurs after the mileston mentioned earlier in this Proposal; and/or(C) if the completion of work called
for in this Proposal occurs after the milestone mentioned earlier in this Proposal; and/or(3)charges from TK
Elevator's shippers and/or freight forwarders.
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f. Purchaser agrees to provide TK Elevator's personnel with a safe place in which to work and TK Elevator reserves
the right to discontinue work at the jobsite whenever, in TK Elevator's sole opinion,this provision is being
violated.
g.The pricing set forth in this Proposal assumes that the elevator pits will not be classified as a confined space.
TK Elevator will follow its standard safety policy and procedures. Any job specific safety requirements over and
above TK Elevator's standard practices and policies may require additional costs.
h.TK Elevator will furnish and install all equipment in accordance with the terms, conditions,scope and
equipment nomenclature as noted herein. Requested changes or modifications to such provisions will require a
written change order issued on the Purchaser's letterhead and accepted by TK Elevator in writing prior to the
execution of such work.This change order shall detail the current contract price,the amount of the change, and
new contract value.
i.This Proposal does not include a schedule for the work described and any such schedule shall be mutually
agreed upon by an authorized representative of both TK Elevator and Purchaser in writing before becoming
effective.
j. In the event asbestos material is knowingly or unknowingly removed or disturbed in any manner at the jobsite,
Purchaser shall monitor TK Elevator's work place and prior to and during TK Elevator's manning of the job,
Purchaser shall certify that asbestos in the environment does not exceed .01 fibers per cc as tested by NIOSH
7400. In the event TK Elevator's employees or those of TK Elevator's subcontractors are exposed to an asbestos
hazard, PCP's, lead or other hazardous substances, Purchaser agrees,to the fullest extent permitted by law,to
indemnify, defend, and hold TK Elevator harmless from all damages,claims,suits, expenses, and payments
resulting from such exposure. Identification, notification, removal and disposal of asbestos containing material,
PCP's lead or other hazardous substances are the responsibility of the Purchaser.
k.TK Elevator retains title to and a security interest in all equipment it supplies-which TK Elevator and
Purchaser agree can be removed without material injury to the real property- until all payments including
deferred payments and any extensions thereof, are made. In the event of any default by Purchaser on any
payment,or any other provision of this Proposal,TK Elevator may take immediate possession of the equipment
and enter upon the premises where it is located -without legal process - and remove such equipment or portions
thereof, irrespective of the matter of its attachment to the real estate or the sale, mortgage or lease of the real
estate. Pursuant to the Uniform Commercial Code, and at TK Elevator's request, Purchaser agrees to execute any
financial or continuation statements which may be necessary for TK Elevator to file in public offices in order to
perfect TK Elevator's security interest in such equipment.
I.TK Elevator reserves the right to assign payments owed to TK Elevator under this Proposal.
m.TK Elevator shall not be liable for 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.
n.The rights of TK Elevator under this Proposal shall be cumulative and the failure on the part of the TK
Elevator to exercise any rights hereunder shall not operate to forfeit or waive any of said rights.Any extension,
indulgence or change by TK Elevator in the method, mode or manner or payment or any of its other rights shall
not be construed as a waiver of any of its rights under this Proposal.
o. In the event TK Elevator engages a third party to enforce the terms of this Proposal, and/or to collect payment
due hereunder,either with or without suit, Purchaser agrees to pay all costs thereof together with reasonable
attorney's fees. Purchaser does hereby waive trial by jury and does hereby consent to the venue of any
proceeding or lawsuit under this Proposal to be in the county where the work covered by this Proposal is located.
p.TK Elevator can furnish Certificate of Workers'Compensation, Bodily Injury and Property Damage Liability
Insurance coverage to Purchaser upon written request.
q. Should loss of or damage to TK Elevator's material,tools or work occur at the project site, Purchaser shall
compensate TK Elevator for such loss, unless such loss or damage results from TK Elevator's own acts or
omissions.
r. Purchaser,in consideration of TK Elevator performing the services set forth in this Proposal,to the fullest
extent permitted by law expressly agrees to indemnify, defend,save harmless, discharge, release and forever
acquit TK Elevator Corporation,TK Elevator Manufacturing, Inc.,their respective employees, officers, agents,
insurers, affiliates, and subsidiaries (hereinafter singularly a "TK Elevator party"and collectively the "TK
Elevator parties")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 Proposal), personal injury or death that
are alleged to either have arisen out of or be connected with the sale, marketing, presence, use, misuse,
maintenance, installation, removal, modernization, manufacture,design,operation or condition of the equipment
that is the subject matter of this Proposal or the labor and materials furnished in connection with this Proposal.
Purchaser's duty to indemnify a TK Elevator party does not apply to the extent that the loss, property damage
(including damage to the equipment which is the subject matter of this Proposal), personal injury or death is
determined to be caused by or resulting from the negligence of that TK Elevator party. Purchaser recognizes that
its obligation to defend the TK Elevator parties under this clause,which is separate and apart from its duty to
indemnify the TK Elevator parties, includes payment of all attorneys'fees,court costs,judgments,settlements,
interest and any other expenses of litigation arising out of such claims, demands,suits or proceedings.
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s. Purchaser further expressly agrees to name Tk Elevator Corporation and TK 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 TK Elevator Corporation and TK
Elevator Manufacturing, Inc. for those claims and/or losses referenced in the above paragraph and those claims
and/or or losses arising from the negligence of TK Elevator Corporation and TK Elevator Manufacturing, Inc.
Such insurance must specify that its coverage is primary and non-contributory. Purchaser hereby waives its right
of subrogation.
t.TK Elevator's participation in any controlled insurance program is expressly conditioned upon review and
approval of all controlled insurance program information and documentation prior to enrollment.Any insurance
credits if applicable,will be provided at that time.
u. Unless so mutually agreed upon in a separate signed agreement,TK Elevator shall not be required to interact or
correspond with any third party with whom Subcontractor is not in privity of contract concerning matters
pertinent to this Agreement.
v.The Purchaser must inform TK Elevator if Purchaser is, or becomes,an individual or entity that is- or that is
majority owned or controlled by a party that is - included on any list of restricted parties maintained by(i)the
United States of America;(ii)the United Nations;(iii)the European Union or any EU member state; (iv)the UK;or
(v)any other national authority binding the parties of this contract.
In case the Purchaser, or any other beneficiary of this transaction, e.g.the end-user, is or becomes an individual
or entity that is - or that is majority owned or controlled by a party that is- included on any list of restricted
parties,TK Elevator reserves the right to cancel this Proposal immediately.
If the goods subject to this Proposal would be exported, re-exported, resold, used,transferred or otherwise
disposed of in violation of any sanctions applicable to TK Elevator,TK Elevator also reserves the right to cancel
this Proposal immediately. In this respect,the Purchaser shall be obliged to disclose the final delivery address,
end-user and end-use of the goods upon request- insofar as legally permissible - and to notify TK Elevator of all
circumstances that indicate an aforementioned infringement.
"Sanctions" means here any economic,trade or financial sanctions, laws, regulations,embargoes or restrictive
measures imposed,enacted,administered or enforced by any Sanctions Authority. "Sanctions Authority" means
(1)the US;(ii)the UN Security Council;(iii)the EU and any EU member state;(iv)the UK; or(v)any governmental
institutions of any of the foregoing which administer Sanctions, including HM Treasury, OFAC,the US State
Department and the US Department of the Treasury.
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Acceptance
Purchaser's acceptance of this Proposal and its approval by an authorized manager of
TK Elevator will constitute exclusively and entirely the agreement between the parties for the goods
and services herein described and full payment of the sum of One Hundred Forty Five Thousand
Three Hundred Twenty Dollars and Ninety Two Cents($145,320.92)plus any applicable sales tax.
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 Proposal 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 Proposal 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 Proposal without the prior written approval of
an authorized TK Elevator manager.
City Of Round Rock . ..
By:
By:
(Signature of Authorized Individual) (Signature of Branch Representative)
Luke Kazmierczak
(Print or Type Name) Sales Manager
(Print or Type Title)
(Date of Acceptance) (Date of Execution)
OMNIA CONTRACT
#R200502
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