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Home My WebLink AboutC27260 - Amtech Elevator Svcs Contract No. C27260 MTECH E�evator Services DATE; January 22'�,2008 rev-2 , TO:Carlos Hernandez FROM:Joho Hodge , City of Palm Desert Amtech Elevator Services 73-510 Fred Waring Dr. Phone: (760)346-0611 1550 S Sunkist Street, Suite A Palm Desert,CA. 92260-2578 Fax:(760)773-9025 Anaheim,CA. 92806 � EQUIPMENT LOCATION: Account Manager. , 74-705 42'� Street John Hodge ` Palm Desert,CA. 92260 Phone: (714)939 6516 Fax: (714)939 6524 PROPOSAL NUMBER: 1207200702jwh � rev-2 � EQUIPMENT DESCRIPTION: ' Number of Units Manufacturer Type of Units Machine Numbers 1 Thyssen-Kn�pp TAC-20 Passenger Elevator 132241 � . I Amtech SERVICE We propose to furnish Amtech Service on fhe equipment("Units")described above. All work will be performed during ' our regular working hours of our regular working days,unless otherwise specified in this Agrcement. Under this Contract, we wi/!service the Units on the jollowing 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 wamant, unless specifically excluded under the ` proration provision,repair or replace the following: � HydrauGc: 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. � 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. , Aoistway Equipment: Buffers,guide rails and guide shces. Power poor 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. �Amtech F.levator Services,2003 All Rip,hts Reservrd(i t/1/OS) �ropos�a 1207200702jwhrev-2Pa�e 1 of 10 Fiztures: Call and hall operating buttons, contacts and signal bulbs. Replacement of signal fixture bulbs is to be performed during regular examinarions or othenvise be billed separately at Amtech's standard bilting rates. Furnish Lubricants and HydraWic Fluid. ` Safety Devices: will be periodically examined. � SERVICE PROVLDED 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, Amlech Elevator Services will absorb the worked hours at straight time rates and you will be charged for the overtime premium portion only, including for uavel time and expenses. � • m Amtech Elevator Services,2003 All Ri�q}ns Reserved(11/1/OS) Proposalk 12�72��ZjWhI'CV-ZPaQC 2 Of 10 MAINTENANCE DOES NOT INCLUDE: Refinishing, repairs to, or replacement of elevator car enclosures (including removable panels), car gates, plenwn . chambers, hung ceiling, handrails, mirrors, light diff'users, 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 . communicarion systems,Key mortise cylinders, instruction or warning signs in connection with the use of the equipment by passengets. Electric power svpplies 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 tiansfer switches. � Telephones installed by others, smoke and heai 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 devioes, � 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 Gmited to those necessitated by ' norn�al wear and tear,and that we shall not be required to replace or repQir 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 norn�al environment and/or operating oonditions. We shall not be required to alter existing equipment, or make replacements of obsolete or discontinued paris 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 aze 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 govemmental 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 conected in acoordance 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 Codcs. Cleaning,adjustments,parts and repairs,which are not specifically included herein,aze excluded. Such additional work, . when necessary, and authorized by you, shall be performed at our regulaz billing rates for material and labor including travel dme and expenses. PARTS INVENTORY AND LUBRICANTS We will maintain a supply of frequendy used replacement parts and lubricants required for routine maintenance. Replacement parts furnished under this Agreement will be original equipment manufactured or par�ts specifically selected by us for use on this equipmem. All replacement parts will be new or refufiished to our standards. In the cvent 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 rcmove any spazc parts or tools stored there by us. �Amtech Elevator Services,2003 n�i�;Rhcs R�s�ea�t iiiios> �o��ia 1207200702jwhrev-2Pa�e 3 of]0 OPERATIONAL CHARACTERISTICS We will maintain optimal operational characteristics of your equipment including, door operadon, car speed floor ' leveling,and ride quaiity as determined by the original equipment design,age of equipment and building use type. PRORATIONS. EXCLUSIONS � If a Prorations/Exclusions Addendum is anached, the items listed on that Addendum show considerable wear and will have to be replaoed 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 pait of ihe units, that such remains yours solely as owner, � operator, lessee or agent of the owner or lessee,and that you aze 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 inswcting passengers in the proper use of the equipment. � . Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all neoe.ssary � measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent property damage aze not damaged. When starionary,escalators are to be properly barricaded and not to be used as steps. � You will insure that ihe machine rooms are properly ventilated with temperature controlled in the 50 degree F to 90 , degree F range or otherwise as required by govemmental authority. � You agree to provide us unrestricted, ready and safe access, including off-hours emergenry 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 ow . authorized personnel. During the term of this Agreemem,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 aze 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 condirion, 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 agee to remove the Unit from service and take all necessary precautions to prevent access or use of the Uni� This notice requirement is to be suictly construed and any � failure to compiy with the requirements will serve to hold you liable for any damages or injuries r�esulting thercfrom. The ASIv�A 17.3-2002 Safety Code for Existing Elevators limits thc space between the hoistway door and elevator gate � to 4 inches(or S 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 We Code is to prevent a child or small adult Gom becoming entrapped in this space and then being killed or seriously injured if the elevator moves. There have been mWtiple deaths and severe injuries to children who became entraQped in the cxcessive space, such as exists on your elevator. We recommend that undl the � elevator has been modified to eliminate the excessive space,it should be turned of�: TERMS AND CONDITIONS You will indemnify and hold us harmless for losses due to personal injury or property damage to the extent caused by yow negligent acts or omissions. 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 govemment, strikes, lockouts, labor disputes, fire, explosion, theft, floods, water, weather, 0 Amtech Elevator Services,zuos All Ri�hts Reserved(11/1/OS) r�o��ia 1207200'IO2jwhrev-2Pa�e 4 of 10 earthquakes, riot, civil commotioq war, repairs by others, exposure to excessive heat, vandalism, misuse malicious mischief or acts of God. Notwithstanding any other ag�eement or provision to the contrary,under no circumstances will either parry be liable for any indirect, special or consequential daroages of any kind. We shall not be liable for removal or disposal of hazardous and waste fluid or materials or for any environmenial/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 yoa. . While this Agreement is designed to reduce wear and prolong the usefW life of such equipment, we make no representation that such equipment will not breakdown or malfunction,and you agree to hold us harrnless from any such event or action arising therefrom. • Any purchase orcier 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 ttus Agreement may not be changed, modified, revised or amended unlcss in writing and signed by you and our authorized representative. . In the event of sale, lease or other tiansfer of the equipment,or the premises in which they are located,or a change in the paying party, you agree to see that such Uansferee or alternate paying party is made aware of this Agreement and . assumes and agrces to be bound by ihe terms hereof for the balance of the Agneement term. Should you fail to do this, you will be liable for the full unpaid balance due for the unexpired term of the Agrcemem We may at our sole ' discredon, ternunate this Agreement with any such successor at any time upon thirty (30) days written nodce. The • Agreement monthly price is a unit amount for the entire Agteement 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 opdon,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 thc 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 a�eements ` or changes alter costs or restrict our ability to pmvide services hereunder, we shall notify you in writing and thereupon, of�'er modification to the Agreement to remedy the situation. In the event we cannot a�ee on a revised Agreemeni, either pacty sha11 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. • �Amtech Elevator Servi�es,2003 AI!RiRhts Reserved(11/!/OS) rropo��a 1207200702jwhrev-2Pa�e 5 of 10 CONTRACT PRICE AND TERM CONTRACT PRICE Our price to perform the services as oudined in this agreement is Two Thousand Six Hundred Forty and � 00/100 Dollars ($2,640.00) per year, to be bilied quarterly in advance at a rate of Six Hundred Sixty and 00/100 Dollars ($660.00.00)qua,terly. ' 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 be FebruBry 18�', 2008. The Term of this Contract will be for one(1) years � beginning on the Commencement Date. The Contract will automatically be renewed at each anniversary for an additional one(1) year term unless terminated by either party by giving written notice to the other party at least ninery (90)days,but no more than 120 days prior to the end of the then current one(1)year term. � 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 tq 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 aze 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 oontract or not. Upon receiving payment of arrears we may, at ow option continue to render services � hereunder,but such continuance shall not constitute a waiver of any of our rights because of such default. Invoioes will be deemed acceptable unless we receive from the pwchaser specific written objection within 10 days from the invoice date. In addition to any other remedies we may have, in the event that TE� PURCHASER cancels this contract prior to its expiratioa TI-� PURCHASER shall pay as liquidated damages (NOT AS PENALTY) 33%of the monthly agreement � price as adjusted per the adjustmert clause herein at the time of the premature cancellation, for the number of months remaining between the cancellation date and the agreement termination date. � • �Amtxh Elevator Services,2003 All Riy,hts Reserved(11/1/OS) ProposalN]207200702jW}lreV-2Pa�e 6 of]0 ACCEPTANCE This proposal,when acxepted by you below and approved by our authorized representative,will constitute lhe entire and exclusive contract between us for the servioes 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 oonnection with the services to be provided will be deemed to be issued for yow administrative or billing identifiption puposes only, ard the parties hereto intend that the terms and condidons � contained herein will exclusively govem the services to be provided. We do not give up rights under any existing contract undl this proposal is fiilly 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 inirialed in the margin by an authorized representative of Amtech. � THIS GIUOTATION is valid for ninery(90)days from the proposal date. Submitled by: � John Hodge, Account Mgr. • Accepted in Dupticate CUSTOMER Amtech Elevator Services . Approved by Authorized Representative Approved by Authorized Representabive . Date: Date: • Signed: X Signed: � Print Name: Prini Name: Da►11@) Butt1+@y Tiue: Ticle: General Manager , E-mail: Name of Company: i ❑ Principal,Owner or ' AuWorized Representative of Principal or Chvner ❑ Agent (Name of Principal or Owner) . ATTACHMENTS a The Special Provision Attachments checked below are included and made part of this contract: � Attachment Prorarions/Exclusions Addendum � AttBchment Miscellaneous Provisions ' «A�� «F�� Attachment Governmental Required Safety Attachment Hydraulic C�linder Warning "B" I 'ons Addendum � "G" � � Attachment Pre-Maintenance Repairs Addendum � Attachment Fire Test Option ��C�� H�� Attachment Advance Payment Option � Attachment Notice to Cure ��p„ ��„ � Attachment Extended Term Oprion ��E,� m Amtech Elevator Services,2003 All Rip,hts Reserved(1 I/U05) rropo�ia 1207200702jwhrev-2Pa�e 7 of 10 SPECIAL PROVISIONS- ATTACHMENT "B" GOVERNMENTAL REQUIRED SAFETY INSPECTIONS ADDENDUM � We will conduct as part of this service agreeroent,when required by governmentai authorities, . but no more freqaent than once per year, the annual safety test in compliance with such authority. All testing shali be performed during regular working hours. If you or the authorities require that the test or any part thereof be performed on overtime, we wiil bill you ' separately for the increase in labor and fees at our prevailing rates. Any change in governmental authority testing requirements may result additional cost, billed at our regular � rates. • �Amtech Elevator Services,2003 All Rip,his Reserved(11/1/OS) �opo�ta 1207200702iwhrev-2Pa�e 8 of 10 • �Amtech Elevator Services,2003 All RiRhts Res�rved(11/1/OS) propo�a 120720U702jwhrev-2Pa¢e 9 of 10 . SPECIAL PROVISIONS -ATTACHMENT "F" . MISCELLANEOUS PROVISIONS The Service Agreement includes 24-7 monitoring of the elevator's emergency phone line. � The City of Palm Desert is responsible for maintaining the phone line,which must be an active dedicated line with the ability to dial outside the (760) area code. Amtech request the elevators . phone number for programming purposes. . SPECIAL PROVISIONS- ATTACHMENT "H" � . FIRE CIRCUITRY TESTING OPTION This contract includes the monthly testing of the elevator fire service circuitry. , • m Arrtech Elevator Services,zoo3 All Rip,hts Reserved(I I/1/OS) �po�a 1207200702jwhrev-2Pat:e 10 of 10