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HomeMy WebLinkAboutA5929 - AMTECH ELEVATOR SERVICES ELEVATOR MAINTENANCE AT POLICE DEPT. AMTECH Elevator Services DATE: 11/04/2016 TO: FROM: City Of Palm Springs AMTECH ELEVATOR SERVICES 425 N.Civic Drive 1550 S Sunkist St Suite A P.O. Box 2743 Anaheim,CA 92806 Palm Springs,CA 922632743 EQUIPMENT LOCATION: Raquel Flores Palm Springs Police Dept Phone: 7144533154 200 South Civic Drive Fax:8605578182 Palm Springs,CA 92262 PROPOSAL NUMBER: AITY402 EQUIPMENT DESCRIPTION: ' No Of Units Type Of Units Manufacturer Customer Machine Number Designation 1 HYDRAULIC OTIS ELEVATOR PASSENGER 91 Z92301 COMPANY 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 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. V AMTECH ELEVATOR SERVICES,2013 All Rights Reserved LiNX Farm AMT(%t61]Q/ )6ual#:AHY402 �IfMM::IINNfAAIIL Page 1 of AND/OR AGREEMENT 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 Cn 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. 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. If any applicable Code or governing authority mandates that such required tests be performed by a licensed elevator mechanic, AMTECH will provide such testing and service on an Open Order basis. You will be responsible for the costs associated with such testing and service. SAFETY TRAINING We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices. ENVIRONMENTAL PROTECTION ©AMTECH ELEVATOR SERVICES,2013 All Rights Reserved LiNX Form AMT-CA-FM(06/20/13)Proposal#:AHY402 Page 2 of 7 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. 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. 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 www.arrtechelevator.com. 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 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 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. Oc AMTECH ELEVATOR SERVICES,2013 All Rights Reserved LiNX Form AMT-CA-FM(06/20/13)Proposal#:AHY402 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 in this Agreement. CD 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 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. Cc�AMTECH ELEVATOR SERVICES,2013 All Rights Reserved LiNX Form AMT-CA-FM(06/20/13)Proposal#:AHY402 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 failure to comply with the requirements will serve to hold you liable for any damages or injuries resulting therefrom. TERMS AND CONDITIONS M You will indemnify and hold us harmless for losses due to personal injury or property damage to the extent caused by your negligent acts or omissions. We will not be required: (i) to make any tests other than that as specifically set forth herein; (ii) 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 parry; (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. We shall not be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, strikes, lockouts, labor disputes, fire, explosion, theft, floods, water, weather, earthquakes, riot, civil commotion, war, repairs by others, exposure to excessive heat, vandalism, misuse malicious mischief or acts of God. Notwithstanding any other agreement or provision to the contrary, under no circumstances will either party be liable for any indirect,special or consequential damages of any kind. We shall not be liable for removal or disposal of hazardous and waste fluid or materials or for any environmental/ecological reporting, testing, cleaning or rehabilitation dictated by any agency or party for any reason.if such action is required from us by a third party they shall be paid for by you. While this Agreement is designed to reduce wear and prolong the useful life of such equipment, we make no representation that such equipment will not breakdown or malfunction,and you agree to hold us harmless from any such event or action arising therefrom. 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 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 terns 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 tern 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 tern, 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 modification to the Agreement to remedy the situation. In the event we cannot agree on a revised 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 C AMTECH ELEVATOR SERVICES,2013 Alt Rights Reserved LiNX Form AMT-CA-FM(06/20/13)Proposal#: AHY402 Page 5 of-7 Notwithstanding any other provision herein to the contrary, the following provisions shall be applicable and govern in the event of conflict: CONTRACT PRICE AND TERM MR CONTRACT PRICE One hundred seventy-three dollars and thirty-nine cents ($ 173.39 ) per month, payable Quarterly PRICE ADJUSTMENT The Contract Price will be adjusted on the effective date of any labor rate adjustment under AMTECH's contract with the International Union of Elevator Constructors(IUEC Contract)to reflect increases or decreases in material and labor costs. Material Seventeen dollars and thirty-four cents($ 17.34)of the original Contract Price will be increased or decreased by the percent increase or decrease shown by the index of"Producer Commodity Prices for Metals and Metal Products" published by the U.S.Department of Labor,Bureau of Statistics for the price adjustment month compared with the index on 02l01/2016 which was 188.100 . Labor One hundred fifty-six dollars and five cents($156.05)of the original Contract Price will be increased or decreased by the percent increase or decrease in the straight time hourly labor cost under the IUEC contract on 01/01/2016 which was 88.200 .The phrase"straight time hourly labor cost'means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained. TERM The Commencement Date will be 11/01/2016. The Term of this Contract unless modified under the extended term below, will be for three (3) years beginning on the Commencement Date. 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. The method of payment will be electronic direct debit. To enable us to process direct debit payments, you agree to provide a copy of a voided check from your business bank account. 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. Oc AMTECH ELEVATOR SERVICES,2013 All Rights Reserved LiNX Forrn AMT-CA-FM(06/20/13)Proposal#:AHY402 Page 6 of 7 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. 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 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. Submitted by: Raquel Flores Title: Account Manager E-mail: raquel.florespamtechelevator.com Accepted in Duplicate CUSTOMER AMTECH ELEVATOR SERVICES Approved by Authorized Representative Approved by Authorized Representative Date: ( s Date: Signed: Signed. Print Name: - /� JJ I/ Print Name: Daniel Buttiv Title - (,(T(/ J-(Q•hQA� Title General Manager E-mail: - APPROVED BY WY MANAGER - III Name of Company h )<Principal,Owner or Authorized Representative of Principal or Owner ❑Agent: ASTO P" (Name of Principal or Owner) t,vtn City Clerk CC AMTECH ELEVATOR SERVICES,2013 All Rights Reserved LiNX Form AMT-CA-FM(06/20/13)Proposal#;AHY402 Page 7 of 7 E Elevator Services DATE: February 27,2013 i CD TO: FROM: City of Palm Springs Amtech Elevator Service 425 N.Civic Drive 1550 S Sunkist Street,Suite A Palm Springs,CA 92262 Anaheim,CA 92806 CD EQUIPMENT LOCATION: Sales Associate: Police Department Contact: Alyssha Brasco ' 200 S.Civic Drive Phone: (714)939 6516 Palm Springs,CA 92262 Fax: (714)939 6524 CD PROPOSAL NUMBER: 01 LO EQUIPMENT DESCRIPTION: • Number of Units Manufacturer Type of Units Machine Numbers CD 1 Oliver&Williams Hydraulic Passenger 079434 CD 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. Under this Contract, we will service the Units on the joilowing terms and conditions: 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. 0 Amtech Elevator Smices,2003 All Rights Reserved(I1IM5) Proposa[4 01 Page I of 10 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. Power Door Operator: Car and hoistway door hanger tracks and rollers,car opening protective devices, door auxiliary closer,door gibs and door interlocks. Elevator Control Wiring: Located in the machine room,hoistway,car including the traveling cables. 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. ' Safety Devices: will be periodically examined. SERVICE PROVIDED We will examine,adjust,clean and lubricate the equipment as set forth above. CD , 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. • cn t>Amtech Elevato Services,2003 All Rights Reserved(1 I11105) Proposal#01 Page 2 of 10 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. a 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, healing systems, cad key or touch pads, intercom, music or security systems, computer devices, D keyboards,or display units. Failure of hydraulic jack unit, buried or unexposed pipe or conduit from any cause including, but not limited to, r• corrosion or electrolysis. CD It is mutually agreed that all repairs and replacements covered by this Agreement are limited to those necessitated by CD 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. 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. M cn 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 M 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 where the equipment is located to allow us to remove any spare parts or tools stored there by us. 0 Amtech Elevator Services,2003 All Rights Reserved(I I/]M) Proposaltl01 Page 3 of 10 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 CD 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 CD 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. CD CD 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. Cl) 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. 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. The ASME A17.3-2002 Safety Code for Existing Elevators limits the space between the hoistway door and elevator gate 0 to 4 inches(or 5 1/2 inches if there is a hoistway door and elevator door and 5 inches for Private Residence Elevators). The purpose of this provision of the Code is to prevent a child or small adult from becoming entrapped in this space and cn then being killed or seriously injured if the elevator moves. There have been multiple deaths and severe injuries to children who became entrapped in the excessive space,such as exists on your elevator. We recommend that until the elevator has been modified to eliminate the excessive space,it should be turned off. M TERMS AND CONDITIONS See Attachment"A" We shall not be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, strikes, lockouts, labor disputes, fire, explosion, theft, floods, water, weather, C Amtech Elevator Se ces,2003 All Rights Reserved(1111105) Proposalk 0l Page 4 of 10 earthquakes, riot, civil commotion, war, repairs by others, exposure to excessive heat, vandalism, misuse malicious mischief or acts of God. Notwithstanding any other agreement or provision to the contrary,under no circumstances will either party be liable for any indirect, special or consequential damages of any kind. r While this Agreement is designed to reduce wear and prolong the useful life of such equipment, we make no representation that such equipment will not breakdown or malfunction,and you agree to hold us harmless from any such event or action arising therefrom. 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 CD 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 CID 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 r 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. r Your failure to pay any sum within sixty(60)days will be deemed a material breach. We may,at our option,declare all r 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. CD 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 r or changes alter costs or restrict our ability to provide services hereunder, we shall notify you in writing and thereupon, offer modification to the Agreement to remedy the situation. In the event we cannot agree on a revised 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. r 0 Cn ®Amtwh Elevator Services,2003 All Rights Re ed(11/1105) Proposalp 01 Page 5 of 10 CONTRACT PRICE AND TERM CONTRACT PRICE Our price to perform the services as outlined in this agreement is One Thousand Nine Hundred Twenty Five & 16/100 Dollars ($1,925.16) per year, to be billed quarterly in advance at a rate of Four Hundred Eighty One & 29/100 Dollars ($481.29)quarterly. ' PRICE ADJUSTMENT The Contract Price will be adjusted on the date of any labor rate adjustment under Amtech Elevator Services contract with the respective collective bargaining agreement to reflect increases or decreases in material and labor cost. TERM ' The Commencement Date will he March 1, 2013. The Term of this Contract will be for three(3)years beginning on the Commencement Date. �rlfj>y(;XY�IWf PAYMENTS ► 'Be 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. CD CD 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 CD 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. 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. 0 Amtech Elevator Services,2003 All Rights Reserved(11/1/05) Proposal#01 Page 6 of 10 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 r contained herein will exclusively govem 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: Aly a Brasco Accepted in Duplicate P P CUSTOMER Amtech Elevator Services Approved by Autho ized tepresentative Approved by Authorized Representative Date: �� Date: 'j .G • D Signed: X 1 f/ Sig. t D Print Name: yavu G f6o"rc'al, Print NamuttreyTitle: Virfjpr dt" Ok�Ji JdOIK) Title: h Manager E-mail: Name of Company: 011y b c ✓n fr,ISs ❑ Principal,Owner or Authorized Representative of Principal or Owner ❑ Agent (Name of Principal or Owner) ATTACHMENTS ► The Special Provision Attachments checked below are included and made part of this contract: • ® Attachment ❑ Attachment Miscellaneous Provisions "A" INDEMNITY "F" ® Attachment Attachment Hydraulic Cylinder Warning 1-1"B" PRICE "G" ® Attachment Attachment Fire Test Option "C" TERMINATION "H„ Attachment Advance Payment Option Attachment Notice to Cure "D„ E3h. Attachment Extended Term Option EJ „E„ 0 Amtech Elevator Services,2003 All Rights Reserved(11,I X15) Proposal#01 Page 7 of 10 Attachment"A" Indemnity Clause The parties hereby agree 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. CD CD cn C Amtech Elmator Smices,2003 All Rights Reserved 0 111105) Proposal#01 Page 8 of 10 CD Attachment`B" Price Adjustment The contract price will be adjusted annually on January 1 of each year of the contract.The payment adjustment will be CJ adjusted upward or downward by the same percentage increase or decrease,occurring during the previous twelve months,in the consumer price index for all urban consumers(CPI-U)for the San Bernardino-palm Springs Metropolitan Area(published by the Bureau of Labor Statistics,U.S.Department of Labor),or applying a similar index if the CPI-U is CD not published or available. CD CD cn C Amtech Elevator Services,2003 All Rights Reserved(I IMS) Proposal#01 Page 9 of 10 CD Attachment"C" Contract Term-Termination Purchaser reserves the right to terminate this Agreement at any time,with or without cause, upon thirty(30)days' CD 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,AMMTECH 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 only for the reasonable value of the work product actually r produced hereunder. In the event of termination without cause pursuant to this Section,the termination party need not r provide the non-terminating party with the opportunity to cure. rn C Amtech Elevator Services,2003 All Rights Raerved(1 VIM) Proposal#01 Page 10 of 10 h q 4AMTECH Elevator Services DATE: July 27d',2009 TO:ran Anderson FROM: Bohn Hodge City of Palm Springs Amtech Elevator Services ic 425 N. Civic Drive Phone:(760)323-8170 1550 South Sunkist Street,Suite A Pahn Springs,California 92262 Fax:(760)322-5581 Anaheim, CA.92806 e-mail: 'an.anderson alms rin s-ca. ov EQUIPMENT LOCATIONS: Amtech Elevator Services Police Department Phone:(714)939-6516 200 S. Civic Drive Fax: (714)939-6524 Palm Springs, California 92262 PROPOSAL NUMBER: 0727200901jwh EQUIPMENT DESCRIPTION: Number of Units Manufacturer Type of Units Machine Numbers 1 Oliver Williams HYDRAULIC 079434 PASSENGER 1 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. Should trouble develop between regular examinations, we will upon receipt of notification by you, dispatch a service mechanic to perform necessary adjustments. Under this Contract, we will service the Units on the following terms and conditions: 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. 0 Amtech Elevator Services,2003 All[tights Reserved Proposal#072720090ljwb7'?Pige 1 of-7 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. Power Door Operator: Car and hoistway door hanger tracks and rollers, car opening protective devices, door auxiliary closer,door gibs and door interlocks. Elevator Control Wiring: In the machine room,hoistway and car including the traveling cables. 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. 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. ESCALATORS ONLY: I3andrail: Handrail drive chains,handrail brush guards,handrail guide rollers,alignment devices. Steps: Step tread,step wheels,step chains,step axle bushings,comb plates, floor plates and tracks. Drive Unit: Drive bearings,tension sprocket and upper and lower newel bearings. 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. Provide 24-hour emergency callback service. 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 overtime callbacks, we will absorb the worked hours at our single time gates and you will be charged for the overtime premium portion only at our regular billing rates. ®Amtech Elevator Services,2003 All Righfs Reserved Proposal!0727200901jwh Page 2 of 7 MAINTENANCE DOES NOT INCLUDE: Refinishing, repairs to, or replacement of elevator car enclosures (including removable panels), car gates, plenum CO 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 God, forces of elements,changes in the normal environment and/or operating conditions. We shall not be required to alter existing'equipment, or make replacements of obsolete parts or with parts of changed design whether recommended by you or directed my insurance companies,consultants, or any governmental authority. 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_ 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 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. 0 Amtech Elevator Services,2003 All Rights Reserved Proposal#0727200901jwh Page 3 of 7 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 CO 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. r 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 authorityxx - . 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, stared 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- . 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 we correct the problem, you agree to remove the unit from service and take all necessary precautions to prevent accidents 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 CONDITION'S .J ee ( (.a ' a `` r V harmless for losses due to personal in or ex ent caused by our negligent acts or omissions duri a wvr , u no er a same terms and conditions. We sball not be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, strikes, lockouts, labor disputes, fire, explosion, theft, floods, water, weather, earthquakes, riot, civil commotion, war, repairs by others, exposure to excessive heat, vandalism, misuse malicious mischief or acts of God. Notwithstanding any other agreement or provision to the contrary, under no circumstances will either party be liable for any indirect, special or consequential damages of any kind. 5:a ghan +ho s , oval or t: , �a .«cw+ at rafars3 I asxaamar+tal e , t rr: +; , ter r4awlit2*op dictated by any agency nrpa4 for a ' reason. If suck action is required from us by a third nar,v ithe)4 / 1 While this Agreement is designed to reduce wear and prolong the useful life of such equipment, we make no representation that such equipment will not breakdown or malfunction, and you agree to hold us harmless from any such event or action arising therefrom. 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 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 and subject to termination as herein provided, or you will otherwise 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. 0 Amteeh Elmator Services,2003 All Rights Reserved proposal#0727200901jwh Page 4 of 7 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 modification to the Agreement to remedy the situation. In the event we cannot agree on a revised 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. CONTRACT PRICE AND TERM CONTRACT PRICE One Hundred Fifty Eight and 841100 Dollars ($158.84) per month PIRICE ADJUSTMENT ��� °'��+ u t Price will be adjusted annually to reflect increases or decre to labor cost. The original Contract Price wt e y the percent increase or decrease in the straight time hourly labor cost for the price adjustme compared with sue hourly labor cost on January 1, 2009 which was $65 a phrase"straight time hourly labor cost"means the sum 0 e our labor rate r y cost of fringe benefits paid to elevator examiners the locality where the equipment is to be main a TERM See. A4k1Logee &c�k ; � The Commencement Date will be July 1, 2009 through June 30, 2012. The Term of this Contract will be for three(3)years beginning on the Commencement Date and ending on June 30, 2012. fhe Eet:tract will automatically be I Purchase PAYMENTS Payments will be made on a monthly basis, due on or before the last day of the month prior to the billing period, beginning on the Commencement Date. 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 its 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. C Amtcch Elcvatar Services,2003 All Rights Reserved Proposal#072720090ljwh Page 5 of 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. 144 Z Submitted by: oh Hodge co nt Mgr. .Accepted in Duplicate CUSTOMER Amtech Elevator Services Approved by Authorized Representative Approved by Authorized Representative Date: Date: ) ■ Signed: 7C -�� r� Signed: L' Prim Name: David H_ Rea _y Print Name: Daniel Buttrey Title: City Manager Title: Branch Manager �� E-mail: Name of Company: City of Palm Springs Principal,Owner or APPROVED BY CITY MANAGER ❑ Authorized Representative of Principal or Owner ��i �J ❑ Agent (Name of Principal or Owner) 2 ^-n AT ST' y Clerk TACHMENTS The Special Provision Attachments checked below are included and made part of this contract: N Attachment Attachment Extended Term Option"A" IN n err, a t�--V ❑ «E„ Attachment tm Attachment Miscellaneous Provisions «B„ ia� Um �} l ❑ «F" Attachment Ei Attachment Hydraulic Cylinder Warning Attachment Advance Payment Option ❑ Attachment Fire Test Option «D� ..H1 ®Amtech Elevator Servitcs,2003 All Rights Reserved Proposaw 0727200901 jwh Page 6 of 7 0 Amtech Elevator Services,2003 All Rights Reserved proposaw 0727200901jvvh Page 7 of 7 ATTACHMENT"A" INDEMNITY CLAUSE The parties hereby agree 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. ATTACHMENT "B„ PRICE ADJUSTMENT The contract price will be adjusted annually on January 1 of each year of the contract. The payment adjustment will be adjusted upward or downward by the same percentage increase or decrease, occurring during the previous twelve months, in the consumer price index for all urban consumers (CPI-U) for the San Bernadino-Palm Springs Metropolitan Area (published by the Bureau of Labor Statistics, U.S. Department of Labor), or applying a similar index if the CPI-U is not published or available. t ATTACHMENT "C" CONTRACT TERM —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 only for the reasonable value of the work product actually produced hereunder_ In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure. 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 modification to the Agreement to remedy the situation. In the event we cannot agree on a revised 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. CONTRACT PRICE AND TERM CONTRACT PRICE One Hundred Fifty Eight and 84/100 Dollars ($158.84) per month PRICE ADJUSTMENT " T Price will be adjusted annually to reflect increases or decre a labor cost. The original Contract Price wi e y the percent increase or decrease in the straight time hourly labor cost for the price adjustme compared with suc hourly labor cost on January 1, 2009 ' which was $65 a phrase"straight time hourly labor cost"means the sum o e out labor rate y cost of fringe benefits paid to elevator exammcrsp the locality where the equipment is to be main a - ■ TERM k4aol)) bn_,�t uao The Commencement Date will be July 1, 2009 through June 30, 2012. The Term of this Contract will be for three(3)years beginning on the Commencement Date and ending on June 30,2012. ,ren@wed-a"auh aFla-.-VeFMF�' for an Eta .6ellal one (1) )ear term by die PAYMENTS Payments will be made on a monthly basis, due on or before the last day of the month prior to the billing period, beginning on the Commencement Date. 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. 0 Amtech Elevator services,2003 All Rights Reserved Proposal#072720090Ijwh Page 5 of 7