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HomeMy WebLinkAboutA6314 - AMTECH ELEVATOR SERVICES - FOR SERVICE AT THE AIRPORT N I PA Contract #: 3"84899 Elevator ,4MTECHServices DATE: February 8,2019 TO: FROM: Palm Springs International Airport ANITECII ELEVATOR SERVICES 3400 E.Tahquitz Canyon Way 1550 S Sunkist St Suite.A ,Palm Springs,CA 92262 Anaheim,CA 92806 EQUIPMENT LOCATION: Raquel Flores Palm Springs International Airport Phone:<(714)453.3154 3400 E.Tahquitz Cyn Way Fax:(860)557-8182 Palm Springs,CA 92263 .PROPOSAL.NUMBER:AMC368 EQUIPMENT DESCRIPTION: ` .No Of Units Type Of Units Manufacturer Customer Machine Number � Designation 2 HYDRAULIC MONTGOMERY 115494, 1 15495. Z79347,Z79348 I HYDRAULIC AMTECH 106011 Z79346 AMTECH SERVICE We propose to furnish AMTECH Service on the equipment("Units")described above.All work will be performed during our regular working hours of our regular working days,unless otherwise specified in this Agreement. MAINTENANCE INCLUDES We will use reasonable care to maintain your equipment using trained personnel. We will regularly and systematically examine, clean, lubricate, adjust and if in our opinion conditions warrant, unless specifically excluded under the proration provision,repair or replace the following: Machine:Worm,gear,thrust bearings,drive sheave,sheave shad bearings,brakc:coil,brake linings and.componcnts. Motor:Windings,bearings,rotating element,commutators,brushes and brush holders. Motor Generator:Windings bearings,rotating element,commutators,brushes and brush holders. Ilydraulic:-Pump.Unit,valves and motors,jack unit except underground cylinders and piping. Controller:-Dispatching and power equipment, selectors, all relays, solid state.coniponenls, computer components;, transformers,chokes and filters. Dispatching Equipment: All relays, resistors,contacts,coils, leads, fuses,transformer, timing devices and Solid-state components. Selector: All.electrical or mechanical drive components,cams,contacts,relays;resistors, leads,transformers and solid state components. Governor:Sheave,bearings,shafts,contacts and governor jaws. Hoistway Equipment: Buffers, compensating sheave assemblies, compensating cable or chains, guide rails. counterweight safeties and guide shoes,load weighing equipment and seismic devices. Structural Car.Frame:Safeties,guide shoes. -D AMTECII C:LEVATOR SERVICES.20 IS All Rights Reserved LiNX Form ANIT-CA-FM(06120/13)Proposal#:AMC368 Page 1 of7 Power Door Operator:Car and hoistway door hangar,tracks and.rollers,car opening protective devices,door auxiliary. closer,door gibs and door interlocks. Fixtures:.Call and hall operating-buttons,:contacts and signal bulbs: Replacement of signal fixture bulbs'is to be performed;during regular examinations or otherwise be billed separately at:AMTECH's=siandard billing rates: Furnish:Lubricants and.Hydraulic Fluid. Structural Car.Frame:Safeties,guide shoes. Safety Devices:will be periodically examined. Wire Rope Cables:will be renewed as often as necessary to maintain an adequate factor of safety.We will equalize llic tension an:a11 hoist cables. SERVICE PROVIDED We will:examine,adjust,-clean and lubricate the equipment as set forth above. Prompt response to all emergency callbacks during-regular working hours,Monday through Friday, except holidays..- recognized now and hereafter by the local elevator union. Covered repairs toil be performed only dueing.regular working hours. We will maintain for each unit a record of all cxaminations,callbacks and repairs. / ) ! /1 Joe! �roV;aee/ 4LCCor"c4L ce, .U. ) '3' c: r.L1. . .-I:n a�i_acG>rnlerl _ . ' .::. . OVERTIME CALLBACK SERVICE On Callbacks outside of regular-working hours,AMTECH will absorb-the worked hours at straight time rates and you . will be charged;for the overtime premium portion only,including for travel time and expenses'. - SAFETY AND ENVIRONMENT SAFETY TESTS—HYDRAULIC ELEVATORS. - - - Code requires an.annual no load test and annual pressure relief valve test.These tests are not included in the Contract. You agree to-conduct and puss the annual no load and annual pressure relief valve test on the Units:and that this is a material duty.You agree to keep a record of such tests and to provide this:record to AMTECH. ....... ....... _ _.... FIREFIGHTERS'SERVICE TEST If the equipment.has firefighters'service,you assume responsibility for performing:andkecping:a record of any Code.- required tests and for the maintenance,functioning and testing of.thc smoke and/or heat detectors.We will lest the Firefighters'service keyswilch on a quarterly basis. If during the initial frrefighters.'.service test any elevator Firefighters'service is found to be inoperable,the building will be responsible for all of the cost associated with the repairs.necessary to bring the unit in compliance with the applicable Codes. SAFETY TRAINING We will instruct our personneLlo use appropriate personal,protection equipment and follow safe work practices. ENVIRONMENTAL PROTECTION AM-TECH endeavors to reduce generation of waste-materials, to-minimize risks to the environment, cuslomers, the. general public and AMTECII employees,and.lo.comply with all federal:and state environmental laws and regulations. Material Safety Data Sheet(MSDS)Manuals are-available for review at your request......... .... . C AMTECI I ELEVA"1.OR SCRVICL•S.2013 All Rights Reserved L:iNX Form AMT-CA-FM(06720/13)ProposalR:AMC368 Page 2 of 7 You assume responsibility for removal of wastes,including but not limited tohydraulic oil,spoils,asbestos.ctc.,as it is.. not part of.this Contract. Cn -MAINLINE-DISCONNECTS = You agree to engage*a-qualified electrician to service at least once annually the elevator mainline:disconnects located in the elevator equipment room.:::- SHARED RESPONSIBILITY - You agree to:provide us unrestricted ready.and safe access to all areas of the building in which any Part of the Units are. :.located and.to keep all machine rooms and pit areas free from:water,stored:materials,:and debris.-:You agree to provide . a safe work place for our personnel,and to remove and remediate any Waste or hazardous materials:in accordance with applicable laws and.regulations. - If any Unit-is malfunctioning or is in a dangerous condition,you agree to immediately notify us using.the 24-hour_ OTISLINE service. Until the problem:is corrected,you agree to remove the Unit from service and take all necessary precautions to prevent access or use. ..... You agree-to post;.maintain,and-preserve any and all instructions or warnings to passengers in connection.with _ . the use of.any Units. In furtherance of OSHA's directive-contained in 29 C.F.R.-§:1910.147(f)(2)(i),which requires that a service provider(an "outside employer')and its customer(an"on-site employer')must inform each other of their respective lock out/fag out ... ("LOTO'?)_procedures whenever outside servicing personnel are to be engaged in control of hazardous energy:activities on the customer's-site, Amtech incorporates by reference its mechanical LOTO procedures and its:clectrical LOTO - procedures. These procedures-can be obtained at w.ww:amtechelevator.com..Cuslomer agrees that it-will disseminate these procedures throughout-its organization to the appropriate personnel who may interact with-Amtech personnel while Amtech personnel are working on site at Customer's facility.. ..... ..... ... . _. MAINTENANCE DOES NOT INCLUDE Refinishing, repairs to, or replacement of elevator car enclosures (including removable panels),;-car gates, plenum chambers;hung ceiling, handrails;mirrors, light;diffusers; fixtures and bulbs,emergency lighting including battery,car sill(s),car flooring and platform. Hoistway enclosure,including.hoistway.door panels,.frames,sills,fascia,hoistway gates,and hoistway cleaning. -- Signal Fixture.and operating station cover'plMes or plastic inserts.Braille and tactile plates.:Tclephoncs or communication systems,Key mortise cylinders,instruction or warning.signs in connection with the use of the equipment . by passengers. Electric.power supplies for equipment operation:including signals and lighting;power-switches,circuit breakers,or fuses and feeders to the controllers.Emergency power systems,mainline shunt trips and emergency power transfer switches. Telephones installed by others,smoke and heat:delectors with related wiring and annunciation panels,air conditioners or cooling systems,-heating systems,cad key oraouch pads;.intercom;music or security systems;computer devices, keyboards,ordisplay units. .:.: Failure of hydraulic jack unit,buried or unexposed pipe or conduit from any cause including,but not limited to, corrosion or electrolysis.It is mutually agreed that all repairs and replacements covered.by this Agreement are limited to those necessitated by normal'wearand tear;and that we shall not be required to replace or repair equipment by reasons of negligence or misuse by others or for any cause.beyond our control;including but not limited to.incorrect use of key switches,damages to the equipment by acts of Gad,forces or elements or.changes in the normal environment and/or operating conditions.:We shall not be required to alter existing equipment,or make.replacements of obsolete or discontinued parts orparts of changed design whether recommended by,you or directed by insurance companies,consultants,ahird party:audits or any: .: governmental authority. Unless provided elsewhere in this Agreement,any step/skirt performance index Jest or modifications,replacements or: .- repair necessary to meet:the performance index an your escalators that are.required by applicable laws:are not included -in this Agreement. ',AMTECI I ELEVATOR.SERVICES.2013 All Rights Reserved LiNX Form AMT-CA-FM(06120113)11ropom1g:AMC368 - Page 3 af7:. Unless provided for elsewhere in this Agreement,any periodic safety tests required by applicable laws or codes are not included under this Agreement,but will be performed by us upon request from you and will be billed at our regular billing rates.We shall not be responsible for any inspection fees,license fees,certificate fees or witness fees for any testing of equipment which may be required by governmental or other authorities. You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this Contract.If such Code violations or other outstanding safety violations are not corrected in accordance with this Contract,AMTECH ELEVATOR SERVICES may cancel this Contract b providing thirty Y y p g (30)days written notice. Cleaning,adjustments,parts and repairs,which are not specifically included herein,are excluded.Such additional work, when necessary,and authorized by you,shall be performed at our regular billing rates for material and labor including travel time and expenses. PARTS INVENTORY AND LUBRICANTS We will maintain a supply of frequently used replacement parts and lubricants required for routine maintenance. Replacement parts furnished under this Agreement will be original equipment manufactured or parts specifically selected by us for use on this equipment. All replacement parts will be new or refurbished to our standards. In the event the Agreement is terminated for any reason whatsoever,you agree to provide us access to the premises cohere the equipment is located to allow us to remove any spare parts or tools stored there by us. OPERATIONAL CHARACTERISTICS We will maintain optimal operational characteristics of your equipment including, door operation, car speed floor leveling,and ride quality as determined by the original equipment design,age of equipment and building use type. PRORATIONS, EXCLUSIONS If a Prorations(Exclusions Addendum is attached, the items listed on that Addendum show considerable wear and wilt have to be replaced or repaired in the near future.These items are subject to limited or no coverage as provided for in the Addendum. YOUR OBLIGATIONS It is agreed that we do not assume possession or control of any.part of the units,that such remains yours solely as owner, operator, lessee or agent of the owner or lessee,and That you are solely responsible for all requirements imposed by any federal,slate or local law,ordinance or regulation.This responsibility includes, but is not limited to;advising, warning and;or instructing passengers in the proper use of tite equipment. Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all necessary measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent property damage are not damaged.When stationary,escalators are to be properly barricaded and not to be used as steps. You will insure that the machine rooms are properly ventilated with temperature controlled in the 50 degree F to 90 degree F range or otherwise as required by governmental authority. You agree to provide us unrestricted,ready and safe access,including off-hours emergency callbacks,to all areas of tine 'building in which any part of the units are located and to keep all machine rooms and pit areas free from water,stored material and excessive debris. You at, to provide a safe work place for our personnel and to remove any hazardous materials in accordance with applicable laws and regulations. You agree to restrict access to the equipment to only our authorized personnel. During the terns of this Agreement,you agree not to permit others to make alterations, additions. adjustments,repairs,or replacements to the equipment. You agree to provide us with current wiring diagrams reflecting at.[ previously made changes for Units covered by this Contract to facilitate proper maintenance of the equipment. You are responsible to secure our right to use any special service tools, manuals and technical support required to maintain your equipment.These tools must be provided prior to us beginning maintenance on such equipment. If any of the following conditions occur: an operational problem,an equipment malfunction, a dangerous condition,or there has been an accident,you,shall immediately notify us. In the event of an accident,we shall be notified in writing within 24 hours of the incident. Until the problem is corrected, you agree:to remove the Unit from service and take all u AMTECI I ELEVATOR SERVICES.2013 All Rights Reserved I,INX Form ANIT-CA-FM(06/20/13)ProtwsaW ANIC368 Page 4 of 7 necessary precautions to prevent access or use of the.Unit.This notice requirement is to be strictly construed and any. failure to.comply with the requirements will serve to hold youaiabic for any:damages or injuries resulting therefrom. TERMS AND CONDITIONS: J�'—� A11'Y1e>n�' o�ass Aa ree�YLeGL q . . Y:. We .will not be required.: (i) to make any tests :other than that as specifically set forth:herein; (ii)ao make any replacements with parts of a different design or type;(iii)_to make any_changgs:in the existing design orthe Units;(iv)-to. alter, update, modernize or install new attachments to any.Units, whether recommended ordirected by govcmmental authorilies or by any third party;(v).to make repairs or replacements necessitated by failures detected during or due to testing of the Unites or buried or unexposed'hydraulic cylinders or piping:(vi)to replace or repair any component or system utilizing obsolete or discontinued parts..including parts.for which the original design is no longer in production _ by the original equipment manufacturers, or parts where the-original item has been replaced by an item of different design;(vii)to provide reconditioned or used parts.. e ilker Fitrty be liable Fer any indirect;apee"al Of kindrWe shall no!be liable F�P-reffke%al We shall nei.bei liable foran) less,danin.ge_*delz� duc ia beyond t7twicasunable-contiol including.but noii' z he paid-fet-by you. 0 _.. ...Any purchase order issued by you.in connection-with this Agreement are deemed to be issued for your administrative or billing identification purposes only.The terms and conditions contained herein shall exclusively govern the services to be rovided-:hereunder, and this Agreement,ma not be changed. modified, revised or-amended unless in writing and P g y 6. signed by you and our authorized representative. In the eventof sale.Icasc orothcr transfer ofthc equipment;or the.premisei in which they are located,or a change in the paying party,:you:agree to see that such.transfercc or--alternatepaying party is made aware of this Agreement:and assumes and agrees to be bound by the terms hercof`for the balance of the Agrccment term: Should you fail to do tiiis,- you will be liable:for the full:unpaid balance due for.thc unexpired term of:the Agreement. We may at our sold discretion, terminate this Agreement with.any such successor at-any time upon thirty (30).days written.notice. The Agreement:monthly-price.is a unit amount for.the.entire Agreement period subject to.interest and escalation adjustments. Your failure to pay any sum within sixty(60j days--will be deemed a material breach.We may,at our option,declare all ..sums due onto become due for the unexpired teen, immediately due and:payable as liquidated damages, but not as a penalty;and until the same are paid.be discharged from further obligations under the Agreement.: - 11 is expressly agreed that the payment of all sums due-hereunder,'is:a condition:precedent to.the rendering of service.. We reserve,at ouroption,the right to suspend or curtail service until all payments due arc made; This Agreement is based on conditions prevailing under current.labor-agreements. In the event future labor agreements or changes alter costs or restrict our ability to rovide services hereunder,we shall noti ou in writin and thereupon b ty �.... fy y g P _... offer modification to the Agreement to remedy the situation.In the cvcrit we"cannot agree on a revised Agreemeni;:cithcr party shall-have the fight to terminate this Agreement upon.expiration of ninety(90)says from the above notice: All agreements and covenants contained herein are severable,,and in the event any of them shall-be held to be-invalid or unreasonable by any competent court,the Agreement shalfbe interpreted as if.such invalid agreements or covenants were not contained herein.. SPECIAL PROVISIONS Notwithstanding any other provision herein to the contrary,the following'provisions shall be applicable and.govern in ..the event.of conflict: . ID AMTECII ELEVATOR SERVICCS;2013 All Itights-Reserved LiNX Fonn AMT-CA-FM(06120/13)ProposaW AMC3G8 Page 5:of7:: Maintenance contract is been offered under the.NIPA Cooperative Contract 'at the California rate not to exceed ' S276.00 but honoring the current price at$231 47 as allowed under the agreement. CONTRACT PRICE AND TERM tt CONTRACT PRICE. Six hundred "ninety-four dollars and forty-two cents ($ 694.42 } per month, payable Quarterly PRICE ADJUSTMENT The Contract Price will Ibe'fixed for the Term of the Contract. TERM CS�e A} ��L�It�� `� f. ( {GUS � I' :►�1L1i,F'f tl��DfGt7 ( Il2t�ra�, r The Commencement Date will be 1 2/0 1120 1 8. The Term of this Contract unless modified under the extended term below,will be for three(3)years beginning on the Comtvenccment Date. PAYMENTS. ti Beginning on the Effective Date,payments will be due and payable on or before the lust day of the contract quarter in {�which services are rendered beginning on the Commencerne t Date. Tltt,=l+me4—x ' Term S G�.re, N� 3 T 0 C' t- f'zl1 t P,- tetf►ed-ef-lx►ytnent-lrili-be-r iarct-drbit-p;aFmt:aats<3'uaT:sSTee-co provide copy o{trreided chec}rfrern-yronrbcrnrs33 bank accrvnt- The work shall be performed for the agreed price plus any applicable sales,excise.'or similar taxes as required by law.In addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers or you in connection with the performance of the work described, You agree to pay a laic charge from the date such sums become due of one and one-half percent(1.5%)per month,or the highest legally permitted rate,whichever is less,on any balance past due for more than thirty(30)days,together with all costs(including,but not limited to,attorneys' fees)incurred by us to collect overdue amounts. Failure to pay any sum due by you within sixty (60)days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediatcly'due and payable.as liquidated damages,and until the same are paid be discharged from further obligations under the contract. If payments are not made in accordance with the terns of this contract,when due,we may elec(to cancel this contract at will and shall Yiot be liable for any acts or omissions following any such failure to make payment, whether election is made to cancel the contract or not.Upon receiving payment of arrears we may,at our option continue to render services hereunder,but such continuance shall not constitute n waiver of any of our rights because of such default. Invoices will he deemed acceptable unless we receive from the purchaser specific written objection within 10 days from the invoice date. In addition to,any other remedies we may have, in the event that THE PURCHASER cancels this contract prior to its expiration.THE PURCHASER shall pay as liquidated damages,(NOT.AS PENALTY)33%of the monthly agreement, price as adjusted per the adjustment clause herein at the time of the premature cancellation, for the number of months remaining between the cancellation date and the agreement termination date. ACCEPTANCE 'r AMTFCll ELEVATOR SE.RVICES.2013 All Rights Rlwrv'ed lJNX Form AMT-CA-FM(06'20/13)Protwsalrt:ANIC368 Page 6 of 7 This proposal,when accepted by you below and approved by our authorized representative--- ill constitute the entire and.- exclusive.contract between us for the services to.be provided and your authorization.to perform as outlined herein:All prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded.Any urchnsc:ordcr issued b P y:you in connection with fhc services lobe provided will be deemed to be issued for your.-: administrative or billing-identificadon purposes:only,and the parties heIrelo intend that the terms and conditions: contained herein will:exclusively govern the services to be provided.We:do not give uprights under any existing contract until this proposal is full executed.This Contract may red;modified,.revised or amended unless in tl P P Y y not be changed" writing signed by you and an authorized-represenlative.of Amtech.:Further,any manual changes to this:form will not be effective as to Amtech unless initialed in the:margin by an authorized.representative of Amtech. THIS AT-ION is valid for ninety( ) Y 90 days osal date.. ..Irom the P...ro P Submitted by: Raquel Flores Title: Account Manager E-mail: raquel.flores a am(cchcicvator.com Accepted in Duplicate CUSTOMER. AMTECH ELEVATOR SERVICES Approved by Authorized Represe live: Approved by Authorized Repmsentative Dale: Date::.. . . Signed: Signed: ,d .1 .... Print Name: - Print.Namc:' Title E-mail:. .. : ...... ... Name of Company - � 1 o Principal,Owner or Authorized Representativc of Principal-or Owner b Agent: _. (Name of Principal or Owner), ST: PROVEDST FORM ty Cle C1ty Attorney Date GER x',AMTECI[ELLVATOR.SERVICES.2013 All Rights Reserved LiNX Fomt AMT-CA-17M(06:20/13)Proppsal#:AMC368 - .... gc7of7 Attachment "A" Indemnity Clause The parties hereby and mutually release and indemnify each other from any loss, cost. Damage, expense or liability arising in connection with each party's respective performance in connection with the maintenance services caused, in whole or in part by each party's own acts or omissions, negligent or otherwise, except to the extent such loss, cost, damage, expense or liability arises from the acts or omissions, negligent or otherwise, of the other party. Amtech Elevator Services Reference Proposal Number: AMC368 NIPA Contract#384899 Attachment `B Termination Clause Purchaser reserves the right to terminate this.Agreement at any time, with or without cause, upon thirty (30):days' written notice to AMTECH. In addition, AMTECH:reserves: the right to terminate-this agreement at-any time, with or without cause, upon=sixty (60) day's written notice to Purchaser. Upon receipt of any notice of termination, AMTECH shall immediately cease all,services hereunder. -:Except-where AMTECH has initiated termination, AMTECH shall be entitled to compensation for all.services authorized by purchaser thereafter. In the event AMTECH has initiated:term ination, AMTECH shall be entitled to compensation .for only the reasonable value of the. work product actually produced hereunder. In the event termination without cause pursuant to this Section, the. termination party need not provide the non-termination part with the:opportunity to cure. NOTICE TO CURE The Customer may, by written notice to AMTECH ELEVATOR SERVICES, terminate this Contract if AMTECH ELEVATOR- SERVICES fails to perform any of its material obligations hereunder-and does :not cure..such failure within forty-five (45).days after- receipt of written notice from the Customer specifying in detail such:failure. ... - ... ..... Amtech Elevator Services Reference Proposal Number: AMC368 NIPA Contract#384899 Attachment"C' MTL'�CH Elevator 1550 S.Sunklst St,.Sett*A Cw�,CEys AnahelM.CA 92808 . - - Lice.n.se 91737286 N1=11 1_`.2019 . Pales Springs international Auport Airport Adrrwastratwn 3400 Tahgwiz C}u lt'ay E - Pahn Springs.CA 91163 Reference Propoial:��iC368-PaliriSprlugs lnJernatlonal \ltpalY -City of paten Springs Tliank-you for Ilie:pnnlege of allowing us to sulnwl-our proposal to fitnushr Arrnech ElevalorSemces preventative ntauuerwnce conlrct for your con sideratimr - To further assist you ui renevtvtg the Calite of Arntech Efecalor Services Maurlenance for vour Elevator.ice are gnvig you as conuriete as possible at outlIne explawwg Ilse ptupose.uid scope of tlre:adsawages of Aiittecli s nutriierr9llce contraci PURPOSE I Penwt the owner8 of the elemlor:to receive the.numnium III elevator service thacts built Into the equipment 2.ElInunate every possible shutdown by preventive measures. 3 Peruwreli t'solve:the owner s iiruilieuance labor:problans and relieve hunt of twiny derails of mmllagerurnl Provide adeq ' uale:and expert supervision of maintenance InVor- 5 Reduce the probability of accidents.caused by unsafe conditions. 5 Provide a level monthly cost afelevator urawleuarrce which Carr be ncarrateiy budaeled SCOPE c ,•t's I Check:detector edees.floor lecek-lamps.signals,stop button.oil level,packing.-ntachwe roont leaks.pit can and clean pil as . needed..Subnut Report. . Check pate contacts.door:operator and clmell,car door,IranSerS S trac.t_,cnr top devices:controller:.hotsncav lubrication.armor bellsrlensron.emergency phone and,I checks Submit report as Quarterly Srrnlanmral 3 Check door pressure.hall door equipment acid hall'door locks Clean haistwat and car gtu&%.Subnul Report-as Seuu-Animal Annual 4 Check euergency lrghlmg,check lwuts and access switches:Subnut Report as Annual. Please Call ire on illy cell at(323):377-5113 if you-lave any quesitont Best Regards Riquel Flores. CITY OF-PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION ...... ....... . Conflict of Interest.. Contractor~acknowledges that no of or employee of the:C.ity has or. - shall have any-direct or indirect financial interest in this Agreement nor shall Contractor enter.: into any agreement of any kind .with any:such officer or employee during the teiin of-this. Agreement and for one year thereafter. Contractor-warrants-that Contractor has:not paid or given, and will notpay or give, any third party any money of other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with rits performance under this Agreement, Contractor shall not discriminate against any employee or applicant for:eit�ployment because of actual or perceived race,:religion, color, se ,:age, marital status, ancestry, nationai origin ( i.e:, place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, ,gender._expression, physical or mental disability,- or medical condition (each a:"prohibited:basis").-Contractor.shalI ensure that applicants are employed, and that employees are,treated during their employment, without:regard to any prohibited basis. As a condition precedent.to City's. lawful-capacity to enter this Agreement, and- in executing this Agreement, Contractor certifies-that its actions and omissions hereunder shall not incorporate any- discrimination arising from or related to any-prohibited basis in :any Contractor activity, including but not limited to the following: employment, upgrading,,..demotion.or transfer; rce-ruitment or recruitment advertising; layoff or termination; rates of`pay or other forms-of _. compensation; and selection for training, including apprenticeship;.and.further, that Contractor is in frill compliance. with the :provisions of Palin Springs Municipal.Code-Section 7.09.040, including without limitation the provision of benefits,, relating tol non-discrimination in city contracting. NAME OF CONTRACTOR/VENDOR: - NAME and-TITLE of.Authorized:Representative: (Print) LF Signature Date of Auth iz Represe � s (Sign .(Date) :� F pA�M SA ... V cr 1 N PUBLIC INTEGRITY DISCLOSURE:-: APPLICANT DISCLOSURE-FORM c441Foft 1. Name of Entity OeN 000 4 Sa (Principle / �„in� 2._ Address of EntityPrmci"le Place of Bus'' ,I A� 3. Local-or California Address.(if different than#2) 4. State where Entity is Registered with Secretary of State If other than.California,.is the Entity also registered in.California?. Yes Fi4 5. Type of Entity �®rporation Limited Liabilit Com an Partnershi ❑ y Company p ❑.Trust Other(please specify) 6. Officers, Directors, Members, Managers,.:Trustees,. Other Fiduciaries (please specify) _. Note: if any response is not a natural person, please identify a# officers, directors, members,managers and other fiduciaries for the member,manager,trust or other entity V ❑Officer El Director:❑Member ❑Manager (nam General Partner ❑Limited Partner Other ❑Officer:❑Director ❑Member ❑Manager (name] ❑General Partner ❑Limited Partner �� ❑Officer ❑Director ❑:Member E]Manager - [name] ❑General Partner ❑Limited Partner ❑Other CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 (Revised 09.13 18) 7. Owners/Investors with a 5%beneficial interest in the Applicant Entity or a related entity EXAMPLE LANE DOE 50%ABC COMPANY, Inc. [name of owner/investor) [percentage of beneficial interest in entity and name of entity] A. [name of owner/investor] [percentage of benefici interest in entity and name o ntity] B. [name of o ner/investor] [percentage of bene icial interest in entity and name of ntity] C. [name of owner/i estor] [percentage of ber eficial interest in entity and name o entity] D.. [name of o ner/investor] ' [percentage of ben icial interest in entity and name o entity) E. [name of owner/investor] [percentage of beneficial interest in entity . and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Si ure of Disclosing Party,Pr' Nam Date CITY O PALM SPRINGS—PUBLIC INTEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM Page 2 of 2 (Revised 09 13.18) �pp.LA9 Sp F 'N CITY OF PALM SPRINGS _ {s PUBLIC INTEGRITY DISCLOSURE �4c oRt9 (INSTRUCTIONS FOR APPLICANTS) Who Must File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies,trusts, etc. that seek a City Council approval,. or an approval by one of the City's board or commissions. Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an beneficial ownership interest of five percent (5%) or more. When Must I File? You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. CITY OF PALM SPRINGS—PUBLIC INTEGRITY DISCLOSURE (INSTRUCTION FOR APPLICANTS) Page 1 of 2 (Revised 09 13 18) What Must 1 Disclose? A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.). Note:(1)you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of-the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members,managers, trustees, etc., of the second entity most be disclosed). B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i)sell or transfer their interest, or (i)vote their interest in management decisions. NOTE: USE ADDITIONAL PAGES AS NECESSARY What if I Have Questions? If you have any questions about how to complete this form, please contact: City Attorney, Edward Z. Kotkin (email: Edward.KotkNn palmspringsca.gov) PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. CITY OF PALM SPRINGS—PUBLIC INTEGRITY DISCLOSURE (INSTRUCTION FOR APPLICANTS) Page 2 of 2 (Revised 09 13 18) Leigh Gileno From: Flores-, Raquel <Raquel.Flores@amtechelevator.com> Sent: Tuesday, May 7, 2019 7:57 AM To: Leigh Gileno Subject: Re: [External] RE:Amtech Elevator Service Contract Hi Leigh, Confirmed. There is NO one at Amtech that owns 5% or more of the Company. Best Regards, Raquel Sent from my iPhone On May 7, 2019, at 7:31 AM, Leigh Gileno <Leigh.Gileno@palmspringsea.gov> wrote: Hi Raquel, I need to confirm that there is no one within the Amtech Corporation that owns 5% or more of the company. If there is I need to have that information filled out on the Public Integrity form. Please confirm as soon as possible. Thank you,. Leigh Gileno Procurement Specialist II Office Hours 8AM-6PM Monday-Thursday City Hall is closed every Friday P (760) 322-8374 F (760) 323-8238 -----Original Message----- From: Flores, Raquel <Raquel.Flores@amtechelevator.com> Sent: Monday, May 6, 2019 1:58 PM To: Leigh Gileno <Leigh.Gilenogpalmspringsca.gov> Subject: RE: Amtech Elevator Service Contract Hi Leigh, I hope this email finds you well. Here's the signed contract and COI. Please let me know if you have any questions. Best Regards, 1 Raquel Flores Account Manager 1550 Sunkist St., Suite A Anaheim, CA 92806 24-Hour Dispatch: 844-258-1523 M: 323-377-5113 FX: 860-557-8182 raquel.flores@amtechelevator.com -----Original Message----- From: Leigh Gileno [mailto:Leigh.Gileno@palmspringsca.go Sent: Wednesday, May 1, 2019 2:58 PM To: Flores, Raquel <Raquel.Flores@amtechelevator.com> Cc: Steve Bowser<Steve.Bowser@palmspringsca.gov>; Peter King <Peter.Kingg,,palmsprin sca.gov> Subject: [External] Amtech Elevator.Service Contract Importance: High Good Afternoon Raquel, Attached is the revised contract with the "Notice to cure" language included in it on Attachment "B". Please let me know if you have any questions. I would like to have these returned to me by Next Tuesday at Noon so that I can get this under way. In addition, the current insurance certificates just expired on 4/1. Please have your agency send updated current certificates back with the signed contract so that this contract can get executed quickly. Sincerely, Leigh Gileno Procurement Specialist II Office Hours 8AM-6PM Monday-Thursday City Hall is closed every Friday P (760) 322-8374 F (760) 323-8238 2 DATE(MM/DD/YYYY) A`COR" CERTIFICATE OF LIABILITY INSURANCE 0 4/1 512 01 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. NAME: PHONE FAX 20 CHURCH STREET,BTH FLOOR A/C No Ext: A/C No): HARTFORD,CT 06103 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# 102428280-Otis-GAWX-19-20 INSURER A:Hartford Fire Insurance Company 19682 _ INSURED OTIS ELEVATOR COMPANY DBA wsURER B:Hartford Underwriters Insurance Company 30104 AMTECH ELEVATOR SERVICES INSURER C:National Union Fire Ins Co Pittsbur h PA 19445 ONE CARRIER PLACE INSURER D:American Home Assurance Company 19380 FARMINGTON,CT 06032 INSURER E:New Hampshire Ins Cc 23841 INSURER F:AIU Insurance Co 19399 COVERAGES CERTIFICATE NUMBER: NYC-010447635-02 REVISION NUMBER: 6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLTYPE OF INSURANCE INSD SUER POLICYNUMBER MMDDPOLICYfYYYY MM/DD EFF Y EXP LTR IYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 02CSET10004 04/01/2019 04/01/2020 EACH OCCURRENCE S 1,000,000 CLAIMS-MADE �OCCUR. $2,000,000 General Aggregate" D AMAGE TO RENTED 300,000 PREMISES Ea occurrence S "Per Project/Location" MED EXP(Any one person) S 10,000 '$10,000,000 General Aggregate" PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: "Per Policy' GENERAL AGGREGATE $ 2,000,000 POLICY IK PE� LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: S A AUTOMOBILE LIABILITY 02CSET10000(AOS) 04/01I2019 04/01/2020 (CO,MEll EDSINGLELIMIT S 1,000,000 E accident .. B X ANY AUTO 02CSET10019(HI) 04/01/2019 04/01/2020 BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per accident S X UMBRELLA LIAB X OCCUR 02HUT10021 04/01/2019 04/01/2020 EACHOCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ $ C WORKERS COMPENSATION CT-QSI 5565605(SIR$2.5M) I 04/01I2020 X PER oTH- AND EMPLOYERS'LIABILITY STATUTE ER p Y/N (E)FL-012717193;MULTI-012717191 04/01/2019 04/01/2020 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S 1,000,000 E OFFICER/MEMBEREXCLUDED? El N/A MULTI-012717194;MULTI-012717190 04/01/2019 04/01/2020 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 F If yes,describe under (F)NY-01 2717197(D)CA-012717192 04/01/2019 04/01/2020 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) This certificate only applies to DVB-07183 Palm Springs Airport,3400 E.Tahquitz Canyon Way,Palm Springs,CA City of Palm Springs,its elected officials,officers,employees,agents and volunteers istare additional insured(except Workers Compensation)to the extent agreed underwritten contract. Insurance,when applicable to an additional insured and when specified in a written agreement among the parties,applies on a primary basis with no contribution by the additional insured. Policies provide for waiver of subrogation to the extent agreed under written contract. Regarding notice of cancellation to certificate holder(s),endorsement IH 0313 0611(copies attached)applies to Auto and General Liability policies. CERTIFICATE HOLDER CANCELLATION City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Palm Springs International Airport THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3400 E.Tahquitz Canyon Way,Suite OFC ACCORDANCE WITH THE POLICY PROVISIONS. Palm Springs,CA 92262 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee Ma�.cvvf�+ ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 102423280 LOC#: Hartford AC40R D ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA,INC. OTIS ELEVATOR COMPANY DBA AMTECH ELEVATOR SERVICES POLICY NUMBER ONE CARRIER PLACE FARMINGTON,CT 06032 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance CONTINUED FROM DESCRIPTION SECTION: DVB-07183 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 'EXCERPTED FROM: .POLICY NUMBER: 02CSET10000 EFFECTIVE DATE: 64/0.112019 THIS ENDORSEMENT CHANGES,THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO-CERTIFICATE HOLDER(S) This policy is subject to the following additional If notice is mailed, proof of mailing to the last known Conditions: mailing address of the certificate holder(s) on file with A. If this policy is cancelled by the Company, other the agent of record or the Company will be sufficient than for nonpayment of premium, notice of such proof of notice. cancellation will be provided. at least;thirty. (30) Any notification rights provided by this endorsement 'days In advance of the cancellation effective date apply only to active certificate holder(s) who were - - to the certificate holder(s),with mailing addresses issued a certificate of insurance applicable to this an file with the agent of.record or the Company. policy's term. S. If this policy is cancelled by the Company for Failure to provide such notice to the certificate nonpayment of premium,or by the insured, notice holder(s) will riot -amend .or extend the date the of such canceUatian will be provided within (10) cancellation becomes effective, nor will it negate days of the 'cancellation effective date .to the cancellation of the policy. Failure to send notice shall certificate hotder(s)'with mailing addresses on file impose no liability of any kind upon the Company or its with the agent of record or the Company. agents or representatives: Form IH 0313 0611 Page 1 of.1 2011,The Hartfotd EXCERPTED FROM: POLICY NUMBER: 02CSET10004 EFFECTIVE DATE: 041.0112019 THIS-ENDORSEMENT CHANCES THE POLICY. PLEASE REAL T CAREFUL LY. NOTICE E CANCELLATION TO CERTIFICATEHOLDER(S ) This policy is subject to the following additional If notice is mailed; proof of mailing to the last known Conditions:. mailing address.of the certificate holder(s) on file with A. If this policy is:cancelled by the Company; other the agent-.of record or the Company will be sufficient than for nonpayment of premium; notice of such proof of notice:. cancellation will be provided,at .least. thirty (30) Any notification rights provided by this endorsement days in advance of the cancellation effective date apply :only to active .certificate .holder(s) who were to the certificate holder(s) with mailing addresses issued a certificate of Insurance.applicable to this on file with the agentof record or the Company. policy's term. B. If this policy is cancelled by the Company for. Failure to provide such notice to the certificate, nonpayment of,premium,or by the insured,notice holder(s) .will:not .amend or extend the date file of such cancellation will be provided within (i.i)} cancellation becomes effective, :nor will it: .negate days of the cancellation effective date to the. cancellation of the policy. :Failure to send notice_shatl certificate holders)with mailing addresses on File impose no liabllity'of any kind upon.,the Company_or its with the agent of.record or the Company. agents or representatives: --Form fH 0313 0611 Page 1 of 1 0 2011,,The Hartford POLICY NUMBER: 02 CSE T10000 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR:CARRIER COVERAGE FORM With respect,to coverage provided.by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under.the Who Is.An Insured provision of the Coverage Form. This endorsement does not alter coverage.proyided in the Coverage Form. This endorsement changes the, policy effective on the, inception date of the policy unless.another date is indicated below. Named Insured:UNITED TECHNOLQGIE$ CORPORATION Endorsement.Effeetive Date: o4/o1/2oi9 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT TO .NAME AS ADDITIONAL INSURED. Information required to complete this Schedule, if not shown.above, will be shown in the Declarations: Each person or organization.shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured provision contained in Paragraph A.I. of'Section If _ Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and .Paragraph D.2. of Section 1. — .Covered Autos Coverages_of the Auto Dealers Coverage Form. CA 20 49 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 COMMERCIAL.GENERAL LIABILITY Policy Number: 02 .CSE T10004 CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ-IT CAREFULLY.LY. ADDITIONAL INSURED OWNERS, LESSEES OR C-ONTRACTORS r SCHEDULED PERSON OR ORGANIZATION This endorsement.modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU HAVE, ANY LOCATION THAT IS COVERED BY, OR SUBJECT TO A THROUGH WRITTEN CONTRACT, AGREED TO PROVIDE WRITTEN. CONTRACT UNDER WHICH AMTECH ELEVATOR INSURANCE PROTECTION FOR LIABILITY CAUSED BY COMPANY HAS AGREED TO PROVIDE THIS INSURANCE. YOUR ONGOING OPERATIONS (AS PER ISO- FORM CG 20 10 07 04 OR ITS EQUIVALENT) . Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II - Who Is.An Insured .is amended to B. With respect to the insurance afforded to these include as an additional insured the.person(s) or additional insureds, .the following additional organizations) shown in the Schedule, but only exclusions.apply: with respect to liability for"bodily injury", "property. This insurance does not apply to"bodily injury"or damage" or "personal and advertising injury" "property damage"occurring after: caused,in whole or in part, by:, (1) Ail work, including materials, parts or 1. Youracts or omissions; or equipment furnished in connection with 2. The acts or omissions of those acting on pour such work, on the project (other than service, maintenance or repairs) to be behalf; performed by or on behalf of the . In the performance of your ongoing operations additional insured(s) at the location :of the for the additional insureds) at the location(s) covered operations has been completed; designated above. or (2) That portion of "your work" out of which the injury or damage arises has been Out to its intended use by any person or organization other than an= other contractor or subcontractor en- gaged in 'performing operations for a principal as a part of the same project. CG.2010 07 04 (c) ISO Properties, Inc.,2004 Pagel of 1 Page 19 of 45 QB5SF5FY POLICY NUMBER: 02 CSE T10064 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And-Description Of Completed Or Organization(s): Operations. ANY PERSON OR ORGANIZATION WHOM AMTECH ALL LOCATIONS THAT ARE LISTED IN WRITTEN ELEVATOR COMPANY HAS THROUGH WRITTEN CONTRACTS OR AGREEMENTS CONTRACT AGREED TO PROVIDE INSURANCE PROTECTION FOR LIABILITY CAUSED BY YOUR COMPLETED OPERATIONS (AS PER ISO FORM CG 20 37 07 04 OR ITS EQUIVALENT) Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section If -Who Is An Insured is amended to include as an .additional insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury"or"property damage"caused;in whole,or in part, by "your work' at. the, location designated and 'described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04. (c) ISO Properties, Inc.,2004 Page 1 of 1 Page 20 of 45 QBSSF5FY EXCERPTED FROM: ' POLICY NUMBER; o?csETi0000 COMMERCIAL AUTOMOBILE HA99160312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM. ENDORSEMENT This endorsement modifies Insurance provided under:the following:- BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other .provisions of the Coverage Form,the provisions of this endorsement apply. I;. BROAD FORMINSURED d. Any "employee" of yours while.using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own; hire or Formed Organizations borrow in your business or your The Named Insured shown In the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A,1. -WHO IS AN INSURED -of partnership or joint venture,formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 5Q% on e. The lessor of a covered "auto"while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not egreement.if Include any subsidiary that, is an. "Insured" under any other automobile (1) The- agreement requires you to policy or would be an, "insured" under provide direct primary insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The"auto"is leased without a driver. (2) Any organization that, is acquired or Such a leased "auto" will be:considered a formed by you and over which you covered "auto" you. own:and not a covered - maintain majority ownership.. However, "auto"you hire. the Named Insured does not include any D._ Additional Insured if Required by Contract newly formed or acquired"organization: (1) Paragraph A.I. -WHO 1S AN INSURED (a) That is a partnership. or joint - of' Section; II - Liability Coverage is venture; amended to add: (b) That is an"insured" under any other f: When you have agreed, in a written policy, contract or written agreement,that a (c) That has exhausted its Limit of person or organization.be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy,such person or acquisition or formation by you, organization is-an"insured",but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury"or"property damage"caused injury" or"property damage"that results by the conduct of an"insured"under from an "accldent" that occurred before paragraphs :a, or b. of Who is An .you formed or acquired the organization: Insured with regard to the B. Employees as Insureds ownership; maintenance or use of a covered"auto." Paragraph:A.1. -WHO 1S AN INSURED -of SECTION II : LIABILITY COVERAGE is arTiertded-to add: ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 1 of 5 Page 3 of 45 0135MFY The insurance afforded to any such E. Primary and Non-Contributory If additional insured applies only if the Required.by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period,and: Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract,and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written.contract insurance by the method described in or written agreement that another . Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement;or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not the Declarations. seek contribution from that other insurance. Such amount shall be a part of and not Paragraphs(3) and (4) do not apply to other In addition to Limits of Insurance shown insurance to which the additional insured Section. in Section. clarations and described in this has been added as an additional insured. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all Insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured Suit of Loss amounts under all that other insurance. We will share the remaining loss, if any, by the If you have agreed in a written contract method described in Other Insurance 5A. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, In the same manner as the Named Insured. ©2011,The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) - Page 2 of 5 Page 4 of 45 QB5SF5FY If an "employee's" personal insurance_ also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a .covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph AA.a, of SECTION ill - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in.-force covering all of your covered "auto", we will pay your additional legal. "employees". , obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss',',; ,.; insurance. and the"outstanding balance"of the loanllease`,''"" 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos"for Liability owe on the loan/lease at the time of"loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue, payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos"you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended warranties, credit life Insurance, health, accident 'The most we will pay for "loss" to any hired or disability insurance purchased with the loan or auto is: lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss";or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following Is added: whichever is smallest, minus a.deductible. The The exclusion relating to mechanical breakdown deductible.will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag, coverage-No deductible applies to"loss"caused 6, ELECTRONIC EQUIPMENT BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs BA and excess provisions, we will provide coverage EXCLUSIONS -of SECTION III -PHYSICAL equal to the.broadest coverage applicable to any DAMAGE .COVERAGE are replaced by the covered"auto"you own, following: We will also cover loss of Use of the hired"auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered"auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed In or members of their households. o�upon the covered"auto", (3) An integral part of the same unit housing any electronic equipment described in Paragraphs(1)and(2)above;or ©2011,The Hartford(Includes copyrighted material Form HA 9916 03 12 of ISO Properties, Inc.,with its permission.) Page 3 of 5 Page 5 of 45 QB5SF5FY (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered"auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage farm applies to "auto's"operating system. the same "accident", the following applies b.Section [II — Version CA 00. 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible,it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of .Insurance, smallest) deductible, it will.be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for"loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT,CLAIM,SUIT OR LOSS equipment(other than equipment designed solely for the reproduction of sound, and The requirement in LOSS CONDITIONS 2.a. - accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT,CLAIM, that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV - BUSINESS audio, visual or data signals which, at the AUTO,CONDITIONS that you must notify us of time of"loss", is: an"accident"applies only when the"accident"is (1) Permanently installed in or upon known to: the covered "auto" in a housing, (1) You,if you are an individual', opening or other location that is not (2) A partner,if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company;or such equipment; (4) An executive officer or insurance manager,if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS Integral part.of that equipment;or (3)An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we c.For each covered_"auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for; repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A.-COVERAGE-of SECTION territory with respect to Liability Coverage Is III - PHYSICAL DAMAGE COVERAGE we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's"responsibility to pay damages for "auto"to you. "bodily injury" or "property damage" is determined in a"suit,''the"suit"is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a .following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added; 2011,The Hartford(Includes copyrighted material Form HA 9916 03 12 of ISO.Properties, Inc.;with its permission.) Page 4 of 5 Page 6 of 45 QB5SF5FY We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any, one damages under this Coverage Form. "loss"is$10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V= a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal .combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person; including powered solely by electricity or natural gas. mental anguish or death resulting from any of. b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more. 17. EXTENDED CANCELLATION"CONDITION electric motors; and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric CONDITIONS - CANCELLATION - applies motors to move the auto, or the internal combustion engine to charge one or more except as follows: electric motors,which move the auto. If we cancel for any reason other than 19. VEHICLE.wRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a'total loss to an "auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In the event of a total loss to a"non-hybrid"auto In addition to the actual cash value of the "auto", for which Comprehensive, Specified Causes of we will pay up to $1,000 for vinyl vehicle wraps Loss, or Collision coverages are provided under. which are displayed on the covered "auto at the time of total loss. Regardless of the number of this Coverage Form, then- such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.lf the'auto is replaced with a "hybrid" auto or any one "loss" is $5000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the"non-hybrid"auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," Q 2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of 180 Properties, Inc.,with its permission.) Page 5 of 5 Page 7 of 45 QB5SF5FY J POLICY NUMBER: 02 csE T10004 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY AND NON-CONTRIBUTORY WHEN REQUIRED BY WRITTEN CONTRACT .OR WRITTEN AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY INSURANCE POLICY A. The amended Other Insurance condition in 2. Method Of Sharing Paragraph B. below applies only to persons or If all of the other insurance permits organizations qualifying as additional insureds contribution by equal shares, we will follow under.this policy, subject to all other applicable this method also. Under this approach each terms and conditions not modified by. this. insurer contributes equal amounts until it endorsement. has paid its applicable limit of insurance or As respects any person or organization none of the loss remains, whichever comes qualifying as a Named Insured under this policy, first. the Other Insurance condition is not amended If any of the other insurance does not permit and continues to apply on an excess basis. contribution by equal shares,. we will B. With respect to insurance provided to persons contribute by limits. Under this method, or organizations described. in Paragraph A. each insurer's share is based on the ratio of above, the Other Insurance condition in the its applicable limit of insurance to the total Conditions-_ Section is replaced by the applicable limits of insurance of all insurers. following: Other insurance 1. Primary Other Insurance If you have agreed in a written contract or writtem agreement to provide primary insurance to the additional,insured, then this insurance will be primary. Additionally, to the extent that you have agreed with an additional insured that this insurance shall apply on a non-contributory basis with other insurance available to that additional insured, we will not seek contribution from such additional insured's other insurance. This provision does not apply to, other insurance to which such additional insured has been added as an additional insured. If other insurance is also primary, we will share with all that other insurance by the method described in Paragraph 2.below. Form GT 20 32 0412 Page 1 of 1 2012, The Hartford Page 27 of 45 QB5SF5FY Policy Number:- m ME T1.0004- Effectiye.Date: 04 f 01/2019. Named Insured,:and Address: UNITED TECHNOLOGIES CORPORATION Endt.No. 10 FARM SPRINGS ROAD FARMINGTON, CT 06032; THIS.ENDORSEMENT _CHANGES THE POLICY. .PLEASE READ"IT CAREFULLY. WAIVER QF"TRANS FE R OF RIGHTS GF RECOVERY AGAINST OTHERS:TO. US SCHEDULE Name of Persons'or Organization: BLANKET:WHERE 'RE'QUIRED BY WRITTEN CONTRACT (if no entry appears above; information required to-complete'.thiS endorsement will be:shown in:the Declarations as applicable tathis endorsement) The Transfer of Rights`of Recovery:Against`Others To UsCondition(Section_IV).is amended_by the addition.of the . following: UVe waive any right of recovery we4 ay have against the person,or organization shown in the Schedule`above because d6ayments.we make for injury ordamage arising out of: 1 Yourorigoing operations;_or' 2. 'Your work. included in.the"products=completed operations hazard"and which;are,done under awrittencontr,,act,with'that persons)or organization(s). The.waiver applies only to the person(0)or organizati`on(s)shown in the:Schedule above.. Form G,N 24.04 15(ED t)2l9'6 Printed. n U A. (N$): (c}1066,The Hartford .(Includes copyrighted material of'Insurance Services Office. with its permission. .Copyright.Insurance Services Office, I992) IMTECH Elevator Servrces DATE: 09/29/2015 TO: FROM: Palm Springs Regional Airport AMTECH ELEVATOR SERVICES 3400 WastTahquitz Canyon Way 1550 S Sunkist St Suite A Palm Springs,CA 92262 Anaheim,CA 92806 EQUIPMENT LOCATION: Raquel Flores Palm Springs Airport Phone: (714)939-6516 3400 Tahquitz Cyn Way E Fax:(860)557-8182 Palm Springs,CA 92263 PROPOSAL NUMBER: AFJ877 EQUIPMENT DESCRIPTION: No Of Units Type Of Units Manufacturer Customer Machine Number Designation 1 HYDRAULIC AMTECH 106011 Z79346, 2 HYDRAULIC MONTGOMERY 115494, 115495 Z79347,Z79348 AMTECH SERVICE We propose to furnish AMTECH Service on the equipment("Units")described above. All work will be performed during our regular working hours of our regular working days,unless otherwise specified in this Agreement. MAINTENANCE INCLUDES We will use reasonable care to maintain your equipment using trained personnel. We will regularly and systematically examine, clean, lubricate, adjust and if in our opinion conditions warrant, unless specifically excluded under the proration provision,repair or replace the following: Machine: Worm,gear,thrust bearings,drive sheave,sheave shaft bearings,brake coil,brake linings and components. Motor: Windings,bearings,rotating element, commutators,brushes and brush holders. Motor Generator: Windings,bearings,rotating element,commutators,brushes and brush holders. Hydraulic:Pump Unit,valves and motors,jack unit except underground cylinders and piping. Controller: Dispatching and power equipment, selectors, all relays, solid state components, computer components, transformers,chokes and filters. Dispatching Equipment: All relays, resistors, contacts, coils, leads, fuses, transformer, timing devices and solid -state components. Selector: All electrical or mechanical drive components, cams, contacts, relays, resistors, leads, transformers and solid state components. Governor: Sheave,bearings,shafts,contacts and governorjaws. Hoistway Equipment: Buffers, compensating sheave assemblies, compensating cable or chains, guide rails, counterweight safeties and guide shoes, load weighing equipment and seismic devices. Structural Car Frame: Safeties,guide shoes. ®AMTECH ELEVATOR SERVICES,2013 All Rights Reserved LiNX Form AMT-CA-FM(06/20113)Proposal#:AFI877 Page I of 7 Power Door Operator: Car and hoistway door hanger tracks and rollers, car opening protective devices, door auxiliary closer,door gibs and door interlocks. Fixtures: Call and hall operating buttons, contacts and signal bulbs. Replacement of signal fixture bulbs is to be performed during regular examinations or otherwise be billed separately at AMTECH's standard billing rates. Furnish Lubricants and Hydraulic Fluid. Structural Car Frame: Safeties,guide shoes. Safety Devices:will be periodically examined. Wire Rope Cables:will be renewed as often as necessary to maintain an adequate factor of safety. We will equalize the tension on all hoist cables. SERVICE PROVIDED We will examine,adjust,clean and lubricate the equipment as set forth above. Prompt response to all emergency callbacks during regular working hours, Monday through Friday, except holidays, recognized now and hereafter by the local elevator union. Covered repairs will be performed only during regular working hours. We will maintain for each unit a record of all examinations, callbacks and repairs. OVERTIME CALLBACK SERVICE On Callbacks outside of regular working hours,AMTECH will absorb the worked hours at straight time rates and you will be charged for the overtime premium portion only, including for travel time and expenses. SAFETY AND ENVIRONMENT SAFETY TESTS—HYDRAULIC ELEVATORS Code requires an annual no load test and annual pressure relief valve test. These tests are not included in the Contract. You agree to conduct and pass the annual no load and annual pressure relief valve test on the Units and that this is a material duty. You agree to keep a record of such tests and to provide this record to AMTECH. FIREFIGHTERS'SERVICE TEST If the equipment has firefighters'service,you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance,functioning and testing of the smoke and/or heat detectors. We will test the firefighters'service keyswitch on a quarterly basis. If during the initial firefighters'service test any elevator firefighters'service is found to be inoperable,the building will be responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes. SAFETY TRAINING We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices. ENVIRONMENTAL PROTECTION AMTECH endeavors to reduce generation of waste materials, to minimize risks to the environment, customers, the general public and AMTECH employees, and to comply with all federal and state environmental laws and regulations. Material Safety Data Sheet(MSDS)Manuals are available for review at your request. C AMTECH ELEVATOR SERVICES,2013 All Rights Reserved LiNX Form AMT-CA-FM(06/20/13)Proposal#:AFJ877 Page 2 of 7 You assume responsibility for removal of wastes,including but not limited to hydraulic oil, spoils, asbestos,etc., as it is not part of this Contract. MAINLINE DISCONNECTS You agree to engage a qualified electrician to service at least once annually the elevator mainline disconnects located in _ the elevator equipment room. SHARED RESPONSIBILITY You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located and to keep all machine rooms and pit areas free from water,stored materials, and debris. You agree to provide a safe work place for our personnel, and to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations. If any Unit is malfunctioning or is in a dangerous condition, you agree to immediately notify us using the 24-hour OTISLINE service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You agree to properly post,maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. �Mjn In furtherance of OSHA's directive contained in 29 C.F.R. § 1910.147(f)(2)(i),which requires that a service provider(an "outside employer") and its customer(an"on-site employer")must inform each other of their respective lock out/tag out ("LOTO") procedures whenever outside servicing personnel are to be engaged in control of hazardous energy activities on the customer's site, Amtech incorporates by reference its mechanical LOTO procedures and its electrical LOTO procedures. These procedures can be obtained at %�ww.aintechelevator.com by (1) clicking on the "Repair"tab on the top right side of the websile; and(2)downloading the"Lockout Tagout Policy Otis 6.0"and"Mechanical Energy Policy Otis 7.0," both of which are in .pdf format on the left bottom side of the website . Customer agrees that it will disseminate these procedures throughout its organization to the appropriate personnel who may interact with Amtech personnel while Amtech personnel are working on site at Customer's facility. MAINTENANCE DOES NOT INCLUDE Refinishing, repairs to, or replacement of elevator car enclosures (including removable panels), car gates, plenum chambers, hung ceiling, handrails, mirrors, light diffusers, fixtures and bulbs, emergency lighting including battery, car sill(s),car flooring and platform. Hoistway enclosure, including hoistway door panels,frames, sills,fascia,hoistway gates,and hoistway cleaning. Signal fixture and operating station cover plates or plastic inserts.Braille and tactile plates.Telephones or communication systems,Key mortise cylinders,instruction or warning signs in connection with the use of the equipment by passengers. Electric power supplies for equipment operation including signals and lighting;power switches,circuit breakers,or fuses and feeders to the controllers. Emergency power systems,mainline shunt trips and emergency power transfer switches. Telephones installed by others,smoke and heat detectors with related wiring and annunciation panels,air conditioners or cooling systems,heating systems,cad key or touch pads,intercom,music or security systems,computer devices, keyboards,or display units. Failure of hydraulicjack unit,buried or unexposed pipe or conduit from any cause including,but not limited to, corrosion or electrolysis. It is mutually agreed that all repairs and replacements covered by this Agreement are limited to those necessitated by normal wear and tear,and that we shall not be required to replace or repair equipment by reasons of negligence or misuse by others or for any cause beyond our control; including but not limited to incorrect use of key switches,damages to the equipment by acts of God,forces or elements or changes in the normal environment and/or operating conditions. We shall not be required to alter existing equipment,or make replacements of obsolete or discontinued parts or parts of changed design whether recommended by you or directed by insurance companies,consultants,third party audits or any governmental authority. C AMTECH ELEVATOR SERVICES,2013 All Rights Reserved LiNX Form AM I-CA-FM(06120/13)Proposal#:AFJ877 Page 3 of 7 Unless provided elsewhere in this Agreement,any step/skirt performance index test or modifications,replacements or repair necessary to meet the performance index on your escalators that are required by applicable laws are not included Jo in this Agreement. Cn Unless provided for elsewhere in this Agreement,any periodic safety tests required by applicable laws or codes are not included under this Agreement,but will be performed by us upon request from you and will be billed at our regular billing rates. We shall not be responsible for any inspection fees,license fees,certificate fees or witness fees for any testing of equipment which may be required by governmental or other authorities. You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this Contract,AMTECH ELEVATOR SERVICES may cancel this Contract by providing thirty(30)days written notice. Cleaning, adjustments,parts and repairs,which are not specifically included herein,are excluded.Such additional work, when necessary,and authorized by you,shall be performed at our regular billing rates for material and labor including travel time and expenses. PARTS INVENTORY AND LUBRICANTS We will maintain a supply of frequently used replacement parts and lubricants required for routine maintenance. Replacement parts furnished under this Agreement will be original equipment manufactured or parts specifically selected by us for use on this equipment. All replacement parts will be new or refurbished to our standards. In the event the �Mjn Agreement is terminated for any reason whatsoever,you agree to provide us access to the premises where the equipment is located to allow us to remove any spare parts or tools stored there by us. OPERATIONAL CHARACTERISTICS We will maintain optimal operational characteristics of your equipment including, door operation, car speed floor leveling,and ride quality as determined by the original equipment design,age of equipment and building use type. PRORATIONS, EXCLUSIONS If a Prorations/Exclusions Addendum is attached, the items listed on that Addendum show considerable wear and will have to be replaced or repaired in the near future.These items are subject to limited or no coverage as provided for in the Addendum. YOUR OBLIGATIONS It is agreed that we do not assume possession or control of any part of the units,that such remains yours solely as owner, operator, lessee or agent of the owner or lessee,and that you are solely responsible for all requirements imposed by any federal, state or local law, ordinance or regulation. This responsibility includes; but is not limited to; advising, warning and/or instructing passengers in the proper use of the equipment. Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all necessary measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent property damage are not damaged.When stationary,escalators are to be properly barricaded and not to be used as steps. You will insure that the machine rooms are properly ventilated with temperature controlled in the 50 degree F to 90 degree F range or otherwise as required by governmental authority. You agree to provide us unrestricted,ready and safe access, including off-hours emergency callbacks,to all areas of the building in which any part of the units are located and to keep all machine rooms and pit areas free from water, stored material and excessive debris. You agree to provide a safe work place for our personnel and to remove any hazardous materials in accordance with applicable laws and regulations. You agree to restrict access to the equipment to only our authorized personnel. During the term of this Agreement, you agree not to permit others to make alterations, additions, adjustments,repairs,or replacements to the equipment. You agree to provide us with current wiring diagrams reflecting all previously made changes for Units covered by this Contract to facilitate proper maintenance of the equipment. You are responsible to secure our right to use any special service tools, manuals and technical support required to maintain your equipment.These tools must be provided prior to us beginning maintenance on such equipment. 0 AMTECH ELEVATOR SERVICES,2013 All Rights Reserved LiNX Form AMT-CA-FM(06/20/13)Proposal#:AFJ877 Page 4 of 7 If any of the following conditions occur: an operational problem, an equipment malfunction, a dangerous condition,or there has been an accident, you,shall immediately notify us. In the event of an accident, we shall be notified in writing within 24 hours of the incident. Until the problem is corrected,you agree to remove the Unit from service and take all necessary precautions to prevent access or use of the Unit. This notice requirement is to be strictly construed and any Cn Gailure to comply with the requirements will serve le hold you liable for any damages or injuries resulting therefrom. TERMS AND CONDITIONS SQL +44 t, ' Of-A h. /N yeuh:aet;lag r nrlc ,..�..�.. We will not be required: (i) to make any tests other than that as specifically set forth herein; (4) to make any replacements with parts of a different design or type;(III)to make any changes in the existing design of the Units;(iv)to alter, update, modernize or install new attachments to any Units, whether recommended or directed by governmental authorities or by any third party; (v)to make repairs or replacements necessitated by failures detected during or due to testing of the Unites or buried or unexposed hydraulic cylinders or piping; (vi) to replace or repair any component or system utilizing obsolete or discontinued pans, including parts for which the original design is no longer in production ` by the original equipment manufacturers, or parts where the original item has been replaced by an item of different design;(vii)to provide reconditioned or used pans. ."p tl rl� AM 111" Any purchase order issued by you in connection will]this Agreement are deemed to be issued for your administrative or billing identification purposes only. The terms and conditions contained herein shall exclusively govern the services to be provided hereunder, and this Agreement may not be changed, modified, revised or amended unless in writing and signed by you and our authorized representative. In the event of sale,lease or other transfer of the equipment, or the premises in which they are located,or a change in the paying party, you agree to see that such transferee or alternate paying party is made aware of this Agreement and assumes and agrees to be bound by the terms hereof for the balance of the Agreement term. Should you fail to do this, you will be liable for the full unpaid balance due for the unexpired term of the Agreement. We may at our sole discretion, terminate this Agreement with any such successor at any time upon thirty (30) days written notice. The Agreement monthly price is a unit amount for the entire Agreement period subject to interest and escalation adjusmtems. Your failure to pay any sum within sixty(60)days will be deemed a material breach. We may,at our option,declare all sums due or to become due for the unexpired term, immediately (fire and payable as liquidated damages, but not as a penalty,and until the same are paid,be discharged from Further obligations under tie Agreement. It is expressly agreed That the payment of all sums due hereunder, is a condition precedent to the rendering of service. We reserve,An our option,the right to suspend or curtail service until all payments due are made. This Agreement is based on conditions prevailing under current labor agreements. In the event future labor agreements or changes alter costs or restrict our ability to provide services hereunder, we shall notify you in writing and thereupon, offer modilication to the Agreemens ;o remedy the situ riom In the event we c.mnot agree on a revised Agreewcr,,either party shall have the right to terminate this Agreement upon expirations of ninety(9U)says from the above notice. All agreements and covenants contained herein are severable,and in the event any of them shall be held to be invalid or unreasonable by any competent court, the Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. SPECIAL PROVISIONS Notwithstanding any, other provision herein to the commry, the following provisions shall be applicable and govern in the event of conflict: r CONTRACT PRICE AND TERM CONTRACT PRICE Six hundred ninety-four dollars and forty-two cents ($ 694.42 ) per month, payable Quarterly PRICE ADJUSTMENT ti The Contract Price will be fixed for the Term of the Contract. e✓ ,���y� 1 1'. r ) TERM (1 / ��r rtgrr � �^'Op•`Q"e""-"'-` ' W f`' N +^ The Commencement Date will be 1 Irol/2015, The Term of this Contract unless modified under the extended term below, will be for three (3)years beginning on the Commencement Date. r PAYMENTS Beginning on the Effective Date,payments will be due and payable on or before the first day of the contract quarter in which services are rendered beginning on the Commencement Date.y�,� Nkio l Cry The work shall be performed for the agreed price plus any applicable sales,excise or similar taxes as required by law. in addition to the agreed price, you shall pay to us any Future applicable tax imposed on us, our suppliers or you in connection with the performance of the work described. You agree to pay a late charge from the date such sums become due of one and one-half percent(1.5%)per month,or the highest legally permitted rate, whichever is less,on any balance past due for more than thirty(30)days,together with all costs(including,but not limited to,attomeys' fees)incurred by us to collect overdue amounts. Failure to pay any sum due by you within sixty (60) days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid be discharged from further obligations under the contract. If payments are not made in accordance with the terms of this contract, when due,we may elect to cancel this contract at will and shall not be liable for any acts or omissions following any such failure to make payment, whether election is made to cancel the contract or not. Upon receiving payment of arrears we may,at our option continue to render services hereunder, but such continuance shall not constitute a waiver of any of our rights because of such default. Invoices will be deemed acceptable unless we receive from the purchaser specific written objection within 10 days from the invoice date. hi addition to any other remedi,ss we may have, ir the event that THE PURCHASER cancels Qua contract prior !o :is expiration. I'HE PURCHASER shall pay as liquidated d:unaees(NO-I-AS PENAL;)') 33%of die t onthiy agreement price as adjusted Per the adjustment chmse herein at the time of the prenmture cance�lation, for the nunr6cr or months remaining between the cancellation date and the agreement termination date. ACCEPTANCE This proposal,when accepted by you below and approved by our authorized representative,will constitute the entire and exclusive contract between us for the services to be provided and your authorization to perform as outlined herein.All prim or comemnont a1.uw oral 37 tivrinen repwseruations or acreemems not incorporated herein , he s verse(ad, Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for your administrative or billing identification purposes only,and the parties hereto intend that the terms and conditions contained herein will exclusively govern the services to be provided. We do not give up rights under any existing contract until this proposal is fully executed.This Contract may not be changed,modified,revised or amended unless in writing signed by you and an authorized representative of Amtech. Further,any manual changes to this form will not be effective as to Amtech unless initialed in the margin by an authorized representative of Amtech. THIS QUOTATION is valid for ninety(90)days from the proposal date. Submitted by: Raquel Flores Title: Account Manager E-mail: raquel.flores(el mtechelevator.com Accepted in Duplicate CUSTOMER AMTECH ELEVATOR SERVICES Approved by Authorized Representative Approved by Authorized Representative Date: ��' ,�j / Date: /1 2 7-1 - �, Signed: Signed: Print Name: Print Name: Daniel Buttre Title - CL 11 � Title General Manager E-mail- Name of Company - ❑ Principal,Owner or Authorized Representative of Principal or Owner ❑Agent: APPROVED BY CITY MAA AGER (Name of Principal or Owner) ak I ' APPRO AS TO FORM ATTEST: ATTORNEY DAM �/.0�Is ity Clerk VLit.ti:- ,AE?rb5�3IVIki�F_=. ciar• ()f The cir - ©AMTECH ELEVATOR SERVICES,2013 All Rights Reserved LiNX Form AMT-CA-FM(06/20/13)Proposalk AF1877 Page 7 of 7 Attachment "A" Indemnity Clause The parties hereby and mutually release and indemnify each other from any loss, cost, damage, expense or liability arising in connection with each party's respective performance in connection with the maintenance services caused, in whole or in part, by each party's own acts or omissions, negligent or otherwise, except to the extent such loss, cost, damage, expense or liability arises from the acts or omissions, negligent or otherwise, of the other party. Amtech Elevator Services Proposal Number: AFJ877 Attachment "B" Termination Clause Purchaser reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to AMTECH. In addition, AMTECH reserves the right to terminate this Agreement at any time, with or without cause, upon sixty(60) days' written notice to Purchaser. Upon receipt of any notice of termination, AMTECH shall immediately cease all services hereunder. Except where AMTECH has initiated termination, AMTECH shall be entitled to compensation for all services authorized by purchaser thereafter. In the event AMTECH has initiated termination, AMTECH shall be entitled to compensation for only the reasonable value of the work product actually produced hereunder. In the event termination without cause pursuant to this Section, the termination party need not provide the non-terminating part with the opportunity to cure. Amtech Elevator Services Proposal Number: AFJ877 Attachment "C' F/@V810r /t%It.Rmttlat M.,I3ulto A Anelratlle,CAtsggM unene.sn7ue l2aVIS Palm Spdap Aegiood Airport Mr.Bud Riffle Airport AdmW*I WR 34007ahTft Cyn Way IS Palm Springs,CA 92263 Rclk v Pmposal AFA77 Palm Ill Airport Dar M,Juffla Thank you far the privilege ofalloadeg as to submit ourproposel to ibmish Ammcb Elevator Serves pevermtive mmintmwoe contract faryour coumdesmiom 7o Imberaadst you W m iewiss the value of Aoaech Elevator Services Maintemoce far your Elevator,we am swine you as complate as possible on cudmc explaining the purpose and scopeofffie advantages ofAmw*s mahtlenanee conk= PURPOSE 1.Permit the owmas of die elevator to receive the maximum W elevatorsmvse that is built into msequbm=L 2.Eliminate:every possible shmdows bypmvenNve meanies. 3.Permanently wive the owmes amintmwco labor problems and relieve him ofmmy domib of macsgeuwd. 4.Provide adegrsto and eapertmpesvlakn of maintenance labor. S.Reduce the probability of accideMa,camel by uwak cmd;0om. 6.Provide a level monody cost of elevator ashmmwee which can be aeaeaeely budgeted. SCOPE, lEvw,r Vide 1. Cbwkddedm edges,RoorkwJk lamps,signals,stop Waoq oil level,paddng, machine meal Wks,pit an and ehmph as waded. Submit Report, Onaroorty 2. Check gate costacm dooropmami and clutch ardoor,haysys&back.car lop dMea,curoullr,hoslwey lubdcadon,motor beltr boudon,emmgeaey phone and"I."dada.Submit repro as Quarterly. i3. doorpressrr,hall doorcopoest ad bell door locks.Clean bobeway and carsofdes.Submit Report a Semi-Aamual. Assual 4. Cheek emergency Rghlie&check limits and acoem swkcbcL Submit Report as Animal. Plow all m an my eel at(323)377-5113if you have any questions. Best Regar d s , ewapmr arms Fewer Door Operator.Car and hoistway door hanger tracks and rollers,car opening projective devices,door auxiliary closer,door gibs and door interlocks. v. Fixtures: Coll and hell operating buttons, contacts and signal bulbs. Replacement of signal fixture bulbs is to be performed during regular examinations or otherwise be billed separately at AMTECH`s standard billing rates. Famish Lubricants and Hydraulic Fluld Structural Car Frame:Safeties,guide shoes. a Safety Devices:will be periodically examined. Wire Rope Cables:will be renewed es often as necessary to maintain an adequate rector of safety.We will equalize the tension on all hoist cables. SERVICE PROVIDED We will examine,adjust,clean and lubricate the equipment as set forth above Prompt response to all emergency callbacks during regular working hours, Monday through Friday, except holidays, mcoanizad now and hcmfkr by the local elevolor union. Covered repairs will be performed only during regular working hours. We will maintain ror each unit a record of all examinations,callbacks and repairs Secv%�-2.a w'dl b<- okcforZC4Lt t1J %AL. srha��1e �prJ�sst'. w 1 OVERTIME CALLBACK SERVICE in A 4kaa4 ma^Jr C . g On Collbacks outside orragular working hours,AMTECH will obsorb the worked hours at straight time antes and you will be charted for the overtime premium portion only.including for travel time and expenses. SAFETY AND ENVIRONMENT SAFETY TESTS—HYDRAULIC ELEVATORS Code requires an annual no load let and annual pressure relief valve test.These tests arc not included in the Contract. You agree to conduct and pass the mount no load and annual pressure relief valve test on the Units and that this is a maksial duty.You agree to keep a record of such tests and to provide this record to AMTECH. FIREFIGHTERS'SERVICE TEST If the equipment has firelighters'service,you assume responsibility for performing and keeping a record ofany Code required tests and for the maintenance,functioning and testing of the smoke andlor heat detectors.We will test the firefighters'service kayswitch on it quarterly basis. If during the initial firefiablers'service lost any elevator firefighters'service Is found to be inoperable,the building will be responsible far all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes. SAFETY TRAINING We will blAkuU our personnel In use appropriate personal protection equipment and follow sole work practices. ENVIRONMENTAL PROTECTION AMTECH andeavors to reduce geneation or waste materials, to minimize risks to the environment, customers, the general public and AMTECH employees,and to comply with all federal and sate environmental laws and regulations. Materiel Safety Data Shad(MSDS)Manuals are available for review at your request. O AMTECH ELEVATOR SERVICES,2013 All Rights Reserved LINX Form AMT-CA-FM 106120113►PmpmalM:AFJa77 Pape 2 of 7 TECH Elevator annegans, Services DATE: 11/13/2012 TM FROM: Palm Springs Regional Airport AMTECH ELEVATORSERVICES 3400 Tahquitz Cyn Way E 1550 S Sunkist Street Palm Springs,CA 92263 Suite A Anaheim,CA 92806 EQUIPMENT LOCATION: PALM SPRINGS AIRPORT Alyssha Brasco 3400 TAHQUITZ CYN WAY E Phone:(714)939-6516 ► PALM SPRINGS,CA 92263 Fax:(714)939-6524 PROPOSAL NUMBER: AVB121113165643 EQUIPMENT DESCRIPTION: Number of Manufacturer Equipment Machine Numbers ► Units Type 2 Montgomery Passenger- 115494, 115495 Hydro I Arntech Reliable Passenger- 106011 ► Hydro AMTECH SERVICE X We propose to furnish AMTECH Service on the equipment("Units')described above. All work will be performed during our regular working hours of our regular working days,unless otherwise specified in this Agreement. MAINTENANCE INCLUDES: We will use reasonable care to maintain your equipment using trained personnel. We will regularly and systematically examine,clean,lubricate,adjust and if in our opinion conditions warrant,unless specifically excluded under the proration provision,repair or replace the following: Hydraulic: Pump Unit,valves and motors,jack unit except underground cylinders and piping. Controller: Dispatching and power equipment, selectors, all relays, solid state components, computer components, transformers,chokes and filters. Dispatching Equipment: All relays, resistors, contacts, coils, leads, fuses,transformer,timing devices and solid-state components. Selector: All electrical or mechanical drive components,cams,contacts,relays,resistors,leads,transformers and solid state components. Hostway Equipment: Buffers,compensating sheave assemblies,compensating cable or chains,guide rails,counterweight safeties and guide shoes,load weighing equipment and seismic devices. Power Door Operator: Car and hoistway door hanger tracks and rollers,car opening protective devices,door auxiliary closer, door gibs and door interlocks. Fixtures: Call and hall operating buttons,contacts and signal bulbs. Replacement of signal fixture bulbs is to be performed during regular examinations or otherwise be billed separately at AMTECH's standard billing rates. Furnish Lubricants and Hydraulic Fluid. ©AMTECH ELEVATOR SERVICES,2011 All Rights Reserved LtNX Form NAFS-FM(1111/05)Pmposal#:AV8121113165643 ORIGINAL }BID Page I of II A,14LIOR AGRE"ENIENT Elevator Control Wiring:Located in the machine room,hn{atway,car including the traveling cable. Safety Devices: will be periodically examined. SERVICE PROVIDED We will examine,adjust,clean and lubricate the equipment as set forth above. Prompt response to all emergency callbacks during regular working hours,Monday through Friday,except holidays, recognized now and hereafter by the local elevator union. ► Covered repairs will be performed only during regular working hours. We will maintain for each unit a record of all examinations,callbacks and repairs. OVERTIME CALLBACK SERVICE On Callbacks outside of regular working hours,AMTECH ELEVATOR SERVICES will absorb the worked hours at straight time rates and you will be charged for the overtime premium portion only,including for travel time and expenses. MAINTENANCE DOES NOT INCLUDE: ► Refinishing,repairs to,or replacement of elevator car enclosures(including removable panels),car gates,plenum chambers, hung ceiling,handrails,mirrors,light diffusers,fixtures and bulbs,emergency lighting including battery,car sill(s),car flooring and platform. Hoistway enclosure,including hoistway door panels,frames,sills,fascia,hoistway gates,and hoistway cleaning. Signal fixture and operating station cover plates or plastic inserts. Braille and tactile plates. Telephones or communication ► systems,Key mortise cylinders,instruction or warning signs in connection with the use of the equipment by passengers. Electric power supplies for equipment operation including signals and lighting;power switches,circuit breakers,or fuses and feeders to the controllers. Emergency power systems,mainline shunt trips and emergency power transfer switches. Telephones installed by others,smoke and heat detectors with related wiring and annunciation panels,air conditioners or cooling systems,heating systems,cad key or touch pads,intercom,music or security systems,computer devices,keyboards, ► or display units. Failure of hydraulic jack unit,buried or unexposed pipe or conduit from any cause including,but not limited to,corrosion or electrolysis. It is mutually agreed that all repairs and replacements covered by this Agreement are limited to those necessitated by normal wear and tear,and that we shall not be required to replace or repair equipment by reasons of negligence or misuse by others or for any cause beyond our control; including but not limited to incorrect use of key switches,damages to the equipment by acts of Cod,forces or elements or changes in the normal environment and/or operating conditions. We shall not be required to alter existing equipment,or make replacements of obsolete or discontinued parts or parts of changed design whether recommended by you or directed by insurance companies,consultants,third party audits or any govemmental authority. Unless provided elsewhere in this Agreement,any step/skirt performance index test or modifications,replacements or repair necessary to meet the performance index on your escalators that are required by applicable laws are not included in this Agreement. Unless provided for elsewhere in this Agreement,any periodic safety tests required by applicable laws or codes are not included under this Agreement,but will be performed by us upon request from you and will be billed at our regular billing rates. We shall not be responsible for any inspection fees, license fees,certificate fees or witness fees for any testing of equipment which may be required by governmental or other authorities. You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this Contract, AMTECH ELEVATOR SERVICES may cancel this Contract by providing thirty(30)days written notice. If the equipment has firefighter's service,you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance and functioning of the smoke and/or heat detectors. If during the initial firefighter's service test any elevator firefighter's service is found to be inoperable,the building is responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes. Cleaning,adjustments,parts and repairs,which are not specifically included herein,are excluded. Such additional work,when necessary,and authorized by you,shall be performed at our regular billing rates for material and labor including travel time and expenses. PARTS INVENTORY AND LUBRICANTS O AMTECH ELEVATOR SERVICES,2011 All Rights Reserved LiNX Form NAES-FM(I 111/05)Proposal#:AVB121113165643 Page 2 of I We will maintain a supply of frequently used replacement parts and lubricants required for routine maintenance. Replacement parts furnished under this Agreement will be original equipment manufactured or parts specifically selected by us for use on this equipment. All replacement parts will be new or refurbished to our standards. In the event the Agreement is terminated for any reason whatsoever,you agree to provide us access to the premises where the equipment is located to allow us to remove any spare parts or tools stored there by us. OPERATIONAL CHARACTERISTICS We will maintain optimal operational characteristics of your equipment including,door operation,car speed floor leveling,and ride quality as determined by the original equipment design,age of equipment and building use type. PRORATIONS, EXCLUSIONS 1 If a Prorations/Exclusions Addendum is attached,the items listed on that Addendum show considerable wear and will have to be replaced or repaired in the near future. These items ate subject to limited or no coverage as provided for in the Addendum. YOUR OBLIGATIONS It is agreed that we do not assume possession or control of any part of the units,that such remains yours solely as owner, operator, lessee or agent of the owner or lessee,and that you are solely responsible for all requirements imposed by any federal,state or local law,ordinance or regulation. This responsibility includes,but is not limited to;advising,warning and/or instructing passengers in the proper use of the equipment. Escalator Units are designed only for transporting passengers. For escalator Units,you agree to take all necessary measures to prevent other items from being conveyed,so that features designed to protect passengers and prevent property damage are ► not damaged. When stationary,escalators are to be properly barricaded and not to be used as steps. You will insure that the machine rooms are properly ventilated with temperature controlled in the 50 degree F to 90 degree F range or otherwise as required by governmental authority. You agree to provide us unrestricted,ready and safe access, including off-hours emergency callbacks,to all areas of the building in which any part of the units are located and to keep all machine rooms and pit areas free from water,stored material and excessive debris. You agree to provide a safe work place for our personnel and to remove any hazardous materials in ► accordance with applicable laws and regulations. You agree to restrict access to the equipment to only our authorized personnel. During the term of this Agreement,you agree not to permit others to make alterations.additions,adjustments, repairs,or replacements to the equipment. 1 You agree to provide us with current wiring diagrams reflecting all previously made changes for Units covered by this Contract to facilitate proper maintenance of the equipment You are responsible to secure our right to use any special service tools,manuals and technical support required to maintain your equipment. These tools must be provided prior to us beginning maintenance on such equipment. If any of the following conditions occur: an operational problem,an equipment malfunction,a dangerous condition,or there has been an accident,you,shall immediately notify us. In the event of an accident,we shall be notified in writing within 24 hours of the incident. Until the problem is corrected,you agree to remove the Unit from service and take all necessary precautions to prevent access or use of the Unit. This notice requirement is to be strictly construed and any failure to comply with the requirements will serve to hold you liable for any damages or injuries resulting therefrom. TERMS AND CONDITIONS - SeC, hftj�,J ff�-, "A " Regligimi mig or emissions We 91 oil net be 1 able few any less,datnege m delay due to an) eattse beyand mir i ease tAle emmel ineludi tr,,Ignt net li i ited semmaiien,wat, repairs by others, expestife to eiteessive beat, vandalism,mistise malieieus misehief at aefs of Ged 1N` to,sets eF geoem neni,sk,ikes,leekeeis,labei disputes,flie,explesion,fliefi,Reeds,watev, ocedwer,earthqueltes,riot,ei i! mdiFft�spesial BF eimsequemial damages of",14"d. We sball Hat be liable fm:reffievel of disposal of heeardetts and West- 44 He this Agieciviewit is designed to eduee wen and preleng the usefel life af sueh etittipment, �e make n--------- thaa such aitaiiaimmt M' And yeu agFee 48 hold us harmless h4mon my seeit event m aeSm Any purchase order issued by you in connection with this Agreement are deemed to be issued for your administrative or billing identification purposes only. The terms and conditions contained herein shall exclusively govern the services to be 0 AMTECH ELEVATOR SERVICES,2011 All Rights Reserved LiNX Form NAES-FM(1 Ii1f05)Proposal#:AVB121113165043 Page 3 of 11 provided hereunder,and this Agreement may not be changed,modified,revised or amended unless in writing and signed by you and our authorized representative. In the event of sale,lease or other transfer of the equipment,or the premises in which they are located,or a change in the paying party,you agree to see that such transferee or alternate paying party is made aware of this Agreement and assumes and agrees to be bound by the terms hereof for the balance of the Agreement term. Should you fail to do this.you will be liable for the full unpaid balance due for the unexpired term of the Agreement. We may at our sole discretion,terminate this Agreement with any such successor at any time upon thirty(30)days written notice. The Agreement monthly price is a unit amount for the entire Agreement period subject to interest and escalation adjustments. Your failure to pay any sum within sixty(60)days will be deemed a material breach. We may,at our option,declare all sums due or to become due for the unexpired term, immediately due and payable as liquidated damages,but not as a penalty,and until the same are paid,be discharged from further obligations under the Agreement It is expressly agreed that the payment of all sums due hereunder, is a condition precedent to the rendering of service. We reserve,at our option,the right to suspend or curtail service until all payments due are made. This Agreement is based on conditions prevailing under current labor agreements. In the event future labor agreements or changes alter costs or restrict our ability to provide services hereunder,we shall notify you in writing and thereupon,offer r modification to the Agreement to remedy the situation. In the event we cannot agree on a revisal Agreement,either party shall have the right to terminate this Agreement upon expiration of ninety(90)says from the above notice. All agreements and covenants contained herein are severable,and in the event any of them shall be held to be invalid or unreasonable by any competent court,the Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. SPECIAL. PROVISIONS ► CONTRACT PRICE AND TERM CONTRACT PRICE Our price to perform the services as outlined in this agreement is $8,333.00 Dollars (Eight thousand three hundred thirty-three dollars) per year, to be billed quarterly in advance at a rate of $2,083.25 Dollars (Two thousand eighty-three dollars and twenty-five cents). TERM The Commencement Date will be 1211/2012. The Term of this Contract unless modified under the extended term below, will be for three(3)years beginning on the Commencement Date. 1AR' three-(3�.ysactawa. ' PAYMENTS The work shall be performed for the agreed price plus any applicable sales,excise or similar taxes as required by law. In addition to the agreed price,you shall pay to us any future applicable tax imposed on us,our suppliers or you in connection with the performance of the work described You agree to pay a late charge from the date such sums become due of one and one-half percent(1.5%)per month,or the highest legally permitted rate,whichever is less.on any balance past due for more than thirty(30)days.together with all costs (including,but not limited to,attorneys'fees)incurred by us to collect overdue amounts. Failure to pay any sum due by you within sixty(60)days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages,and until the same are paid be discharged from further obligations under the contract. If payments are not made in accordance with the terms of this contract,when due,we may elect to cancel this contract at will and shall not be liable for any acts or omissions following any such failure to make payment,whether election is made to cancel the contract or not.Upon receiving payment of arrears we may,at our option continue to render services hereunder,but such continuance shall not constitute a waiver of any of our rights because of such default. Invoices will be deemed acceptable unless we receive from the purchaser specific written objection within 10 days from the invoice date. 0 AMTECH ELEVATOR SERVICES,2011 AN Rigbb Reamed LiNX Form NAES-FM(t 1/105)Proposal#;AVB121113165643 Page 4 of 11 m s 0 AMTECH ELEVA"I'4R SERVICES,2011 All Rights ResemA UNX Pomt NAES-FM(11/1105)Proposal#:AVB121I I1165643 Page 5 of t 7 ACCEPTANCE This proposal,when accepted by you below and approved by our authorized representative,will constitute the entire and exclusive contract between us for the services to be provided and your authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for your administrative or billing identification purposes only, and the parties hereto intend that the terms and conditions contained herein will exclusively govern the services to be provided. We do not give up rights under any existing contract until this proposal is ► fully executed. This Contract may not be changed,modified,revised or amended unless in writing signed by you and an authorized representative of AMTECH. Further,any manual changes to this form will not be effective as to AMTECH unless initialed in the margin by an authorized representative of AMTECH THIS QUOTATION is valid for ninety(90)days from the proposal date. ATTEST: r Submitted by: Ajvssha Brasco Title: Sales Representative AAPPROVED BY CITY WNAGt�"E ItYClerk o1,1o/Zoj� Accepted in Duplicate 1`'t V �uaCn� �LJ�`�i CUSTOMER AMTECH ELEVATOR SERVICES Approved by Authorized Representative Approved by Authorized Representative Date: Date: ► Signed: Signed: Print Name: `! Print Name: Daniel Buttrey V ► Title: C. y /f�e� G Title: Branch Manager E-mail: Name of Company: Y APP D AS TO FORM ❑ Principal,Owneror Authorized Representative of Principal or Owner ❑ Agent: CityAl'�Olt�tl (Name of Principal or Owner) Date /�, /Z • �/y Z4WJ0i-X4 Attachmerits The Special Provision Attachments checked below are included and made part of this contract: Attachment Attachment Miscellaneous Provisions a „A„ Indemnity Clause "F„ Attachment Attachment Hydraulic Cylinder a "B" Price Adjustment "G" Wanting Attachment Attachment Fire Test Option a „C„ Contract Termination a „H„ Attachment Advance Payment Option Attachment Notice to Cure „O„ I„ Attachment Extended Term Option Z AMTECH ELEVATOR SERVICES,2011 All Rights Reserved LNX Form NAES-FM(1111105)Proposal#AVBI21113165643 Page 6 of I I a P This Page Intentionally Left Blank s D AM7ECH ELEVATOR SERVICES,2011 All Rights Reserved UNX Form NAES-FM(I I/I/05)Pmpml#:AVB1 21 1 1 3 165643 Page 7 of 11 Attachment "A" Indemnity Clause The parties hereby and mutually release and indemnify each other from any loss, cost, damage, expense or liability arising in connection with each party's respective performance in connection with the maintenance services caused, in whole or in part, by each party's own acts or omissions, negligent or otherwise, except to the extent such loss, cost, damage, expense or liability arises from the acts or omissions, negligent or otherwise, of the other party. Proposal Number: AVB121113165643 Page 8 of 11 Attachment "B" Price Adjustment The contract price is to remain the same for the duration of the three (3)year contract term. Proposal Number: AVB121113165643 Page 9 of 11 Attachment "C° Contract Termination Purchaser reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to AMTECH. In addition, AMTECH reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days' written notice to Purchaser. Upon receipt of any notice of termination, AMTECH shall immediately cease all services hereunder. Except where AMTECH has initiated termination, AMTECH shall be entitled to compensation for all services authorized by purchaser thereafter. In the event AMTECH has initiated termination, AMTECH shall be entitled to compensation for only the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the termination party need not provide the non-terminating party with the opportunity to cure. Proposal Number: AVB121113165643 Page 10 of 11 Attachment "H" Fire Circuitry Testing Option This contract includes the monthly testing of the elevator fire service circuitry. Proposal Number: AV6.121113165643 Page 11 of 11