CONTRACT 4226 Maintenance and Repair Agreement CLOSED i,
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
AMTECH ELEVATOR SERVICES
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 26TH day
of January, 2012, by and between the CITY OF EL SEGUNDO, a general law city and
municipal corporation("CITY") and AMTECH ELEVATOR SERVICES ("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR on a
completion basis an amount set forth in the attached Exhibit "A" and Exhibit`B",
which is incorporated by reference, for CONTRACTOR's services. CITY will
pay such amount promptly,but not later than thirty(30) days after receiving
CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from January 26, 2012 to September 20, 2011
The Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A and
Exhibit B.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
4. PREVAILING WAGES. If required by applicable state law including, without limitation
Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776,
CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility
to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay
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any penalty or civil damages resulting from a violation of the prevailing wage laws. In
accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are
available upon request from CITY's Engineering Division or the website for State of California
Prevailing wage determination at htti)://www.dir.ca.izov/DLSRJPVrD. A copy of the prevailing
rate of per diem wages must be posted at the job site.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
i. Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Tv-oe of Insurance Limits (combined single)
Commercial general liability: $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed"primary"
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such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard
to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION,
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty(30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
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D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
9. INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of this Agreement, or its performance, except
for such loss or damage arising from CITY's sole negligence or willful
misconduct. Should CITY be named in any suit, or should any claim be
brought against it by suit or otherwise, whether the same be groundless or
not, arising out of this Agreement, or its performance, CONTRACTOR will
defend CITY (at CITY's request and with counsel satisfactory to CITY) and
will indemnify CITY for any judgment rendered against it or any sums paid
out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents,representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement
that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the
work or to exercise a measure of control over the work means that CONTRACTOR will follow
the direction of the CITY as to end results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: City of El Segundo
350 Main Street
El Segundo, CA
To CONTRACTOR: Amtech Elevator Services
9808 Firestone Blvd.
Downey, CA 90241
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B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
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facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice to
proceed, the provisions of this Agreement will govern and control.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting elevator maintenance. To the extent
that there are additional terms and conditions contained in Exhibit "A" that are not in conflict
with this Agreement, those terms are incorporated as if fully set forth above. There are no other
understandings, terms or other agreements expressed or implied, oral or written.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY t. F EL r:I,t.i�� I AMTECH ELEVATOR SERVICES
................. ......
Greg Carpenter Siglie(I
City alll� ger, Interim
Title
ATTEST: ,�
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Taxpayer ID No. . 1-700
Ci °
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,ese
b (Clerk
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APPROVED AS TO FORM:
Ft.l 'I-EY, Ci l�;to'°ra v w d' ! f �,, SUBJECT TO,
MARK D F.
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By. Karl f�. :�c�' ,c��,..°...... . _ w... ........ µ !°�..N ^ry;rY� �d�,°e£::�,;"r a �'
i , Assistant t ° l.y R4a':reNJi '
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Contract Number
DVL-06794
AMTECHElevator
Services Your Order Number
ACKNOWLEDGMENT Date Acknowledged
February 6, 2012
Thank you for your order Sold To: City of El Segundo
Please refer to our contract number in all Department of Public Works
correspondence. Address all inquiries to: 150 Illinois Street
El Segundo, CA 90245-3813
Amtech Elevator Services
9808 Firestone Blvd. Job Location:
Downey, CA 90241 348/350 Main Street
Attn: Judy Brown El Segundo, CA 90245
Thank you for allowing us the opportunity to do business with your company. Enclosed are two (2) signed copies of our
Agreement with you for the 5-Year Load Test and Pressure Relief Valve Test to be performed on Elevator State #'s
063216 & 128042. Our acceptance of this Agreement is conditioned by the following clarifications to its terms, whether
specifically noted in the contract or as an additional document incorporated by reference or as a matter of law.
The terms included herein will be deemed accepted by you upon our commencement of the Work. We will accept the
terms of the contract between the Owner and General Contractor, only to the extent that those terms do not add to,
conflict with or otherwise change the provisions of the specifications, plans, our subcontract agreement, and our scope of
work.
1. This Work Order is subject to the provisions,terms and conditions of the existing Elevator Maintenance Agreement
between City of El Segundo,Department of Public Works and Amtech Elevator Services(inclusive of Amtech's
Acknowledgement Letter that was made a part of the Agreement).
We want to take this opportunity to thank you for this order,
AMTECH ELEVATOR SERVICES
m
Account Executive
A!TECHElevator i.:�:::
MMANIMMENNIN90mm Services
DATE: 01/10/2012
TO: FROM:
EI Segundo Police Department AMTECH ELEVATOR SERVICES
Facility Maintenance 9808 Firestone Blvd
150 ILLINOIS ST Downey,CA 90241
El Segundo,CA 90245
i
EQUIPMENT LOCATION:
348 MAIN STREET Judith Brown +
348 MAIN STREET Phone:(562)658-6025
EL SEGUNDO,CA 90245 Fax:(860)353-4431
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MACHINE NUMBER(S): Z43214(State ID#063216) PROPOSAL NUMBER: ZKP120110124647
We will provide labor and material to furnish and install on the above referenced machine(s)the following:
CALIFORNIA FULL LOAD SAFETY TEST ►
Per State of California Preliminary Order
Dated December 22, 2011
(Compliance date February 2,2012)
"'"Please be advised that the State of California Inspection Authority is strictly enforcing compliance dates for the
resolution of Inspection report items.We recommend immediate approval of this "proposed"work,in order to minimize the
possibility of a red-tag shutdown of your Elevator.
Item 1: Perform a five(5)year Full Load Test on the existing hydraulic elevator as required by the State Elevator Safety Orders,
Section 30710).
Such tests impose upon the equipment much greater stresses than those growing out of normal operation.Therefore, it is
agreed that in making inspection or tests of the equipment,you assume any and all liability for injury to persons or loss or
damage to property because of the action or failure of any devices,except for our negligent acts or omissions.If repairs are
necessary to obtain proper operation of the equipment to meet the requirements of the test, such work shall be considered as
an extra to this proposal.
Item 2: Amtech will attach the required tag to the elevator pumping unit at no additional charge.
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PRICE: One thousand two hundred eighty-eight� doll n
ars
This price is based on a one hundred percent(100%)downpayment in the amount of$1,288.00.
This proposal, including the provisions printed on the last page(s), and the specifications and other provisions attached
hereto shall, when accepted by you below and approved by our authorized representative, constitute the entire contract
between us, and all prior representations or agreements not incorporated herein are superseded.
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Submitted by: Judith Brown
Accepted in Duplicate
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CUSTOMER AMTECH ELEVATOR SERVICES
Approved by Authorized Representative Approved by Authorized Representative
Date: Date:
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Signed: Signed:
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Print Name: Print Name: Timothy Herter
Title: Title: Branch Manager
E-mail:
Name of Company:
❑ Principal,Owner or
Authorized Representative of Principal or Owner
❑ Agent:
(Name of Principal or Owner)
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TERMS AND CONDITIONS
1. This quotation is subject to change o1 withdrawal by us prior to acceptance by you
2 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 its,our suppliers or you in connection with the performance of the wor k described M
3. Payments shall be made as follows:A down payment of one hundred percent(100%)of the price shall be paid by you upon your signing of this document Full payment shall
be made on completion if the work is completed within a thirty day period If the work is not completed within a thirty day period,monthly progress payments shall be made
based on the value of any equipment ready or delivered,if any,and labor performed through the end of the month less a five percent(5%)retainage and the aggregate of pr evious
payments The retainage shall be paid when the work is completed We reserve the right to discontinue our work at any time until payments shall have been made as agreed and
we have assurance satisfactory to us that subsequent payments will be made when due, Payments not received within thirty(30)days of the date of invoice shall be subject to
interest accrued at the rate of eighteen percent(18%)per annum or at the maximum rate allowed by applicable law,whichever is less. We shall also be entitled to reimbursement
from you of the expenses,including attorney's fees,incurred in collecting any overdue payments,
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4 Our performance is conditioned upon your securing any required governmental approvals for the installation of any equipment provided hereunder and your providing our
workmen with a safe place in which to work Additionally,you agree to notify us if you are aware or become aware prior to the completion of the work of the existence of
asbestos or other hazardous material in any elevator hoistway,machine room,hallway or other place in the building where AMTECH personnel are or may be required to perforin
their work In the event it should become necessary to abate,encapsulate or remove asbestos or other hazardous materials from the building,you agree to be responsible for such
abatement,encapsulation or removal,and in such event AMTECH shall be entitled to delay its work until it is determined to our satisfaction that no hazard exists and
compensation for delays encountered if such delay is more than sixty(60)days, In any event,we reserve the right to discontinue our work in the building whenever in our
opinion this provision is being violated
1
5 Unless otherwise agreed in writing,it is under stood that the work shall be performed during our regular working hours of our regular working days, If overtime work is
mutually agreed upon and performed,an additional charge therefor,at our usual rates fmsuch work,shall be added to the contract price The performance of our work hereunder is
conditioned on your performing the preparatory work and supplying the necessary data specified on the front of this proposal or in the attached specification,if any. Should we l
be required to make an unscheduled return to your site to begin or complete the work due to your request,acts or omissions,then such return visits shall be subject to additional
charges at our then current labor rates.
6. Title to any material to be furnished hereunder shall pass to you when final payment for such material is received hr addition,we shall retain a security interest in all material
furnished hereunder and not paid for in full, You agree that a copy of this Agreement may be used as a financing statement for the purpose of placing upon public record our
interest in any material furnished hereunder,and you agree to execute a UCC-1 form or any other document reasonably requested by us for that purpose
7 Except insofar as your equipment may be covered by an AMTECH maintenance or service contract,it is agreed that we will make no examination of your equipment other than M1
that necessary to do the work described in this contract and assume no responsibility for any part of your equipment except that upon which wok has been done under this
contract
S, Neither party shall be liable to the other for any loss,damage or delay due to any cause beyond either parties reasonable control,including but not limited to acts of
government,strikes,lockouts,other labor disputes,fire,explosion,theft,weather damage,flood,earthquake,riot,civil commotion,war,mischief or act of Gad.
9 We warrant that all services furnished will be performed in it workmanlike manner. We also warrant that any equipment provided hereunder shall be free from defects in
workmanship and material. Our sole responsibility under this warranty shall be at our option to correct ally defective services and to either repair or replace any component of
the equipment found to be defective in workmanship or material provided that written notice of such defects shall have been given to us by you within ninety(90)days after
completion of the work or such longer period as may be indicated on the front of this form. All defective parts that are removed and replaced by us shall become our property, We
do not agree under this warranty to bear the cost of repairs or replacements due to vandalism,abuse,misuse,neglect,normal wear and tear,modifications not performed by us,
improper or insufficient maintenance by others,or any causes beyond our control.
We shall conduct,at our own expense,the entire defense of any claim,suit or action alleging that,without further combination,the use by you of any equipment provided
hereunder directly infringes any patent,but only on the conditions that(a)we receive prompt written notice of such claim,suit or action and full opportunity and authority to
assume the sole defense thereof,including settlement and appeals,and all information available to you for such defense;(b)said equipment is made according to a specification or
design furnished by us;and(c)the claim,suit or action is brought against you, Provided all of the foregoing conditions have been met,we shall,at our own expense,either
settle said claim,suit or action or shall pay all damages excluding consequential damages and costs awarded by the court therein and,if the use or resale of such equipment is
finally enjoined,we shall,at our option,(i)procure for you the right to use the equipment,(ii)replace the equipment with equivalent noninfringing equipment,(iii)modify the
equipment so it becomes noninfringing but equivalent,or(iv)remove the equipment and refund the purchase price(if any)less a reasonable allowance for use,damage and
obsolescence,
THE EXPRESS WARRANTIES SET FORTH IN THIS ARTICLE 9 ARE THE EXCLUSIVE WARRANTIES GIVEN;WE MAKE NO OTHER WARRANTIES EXPRESS OR
IMPLIED,AND SPECIFICALLY MAKE NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE;AND THE EXPRESS
WARRANTIES SET FORTH IN THIS ARTICLE ARE IN LIEU OF ANY SUCH WARRANTIES AND ANY OTHER OBLIGATION OR LIABILITY ON OUR PART
10. Under no circumstances shall either party be liable for special,indirect,liquidated,or consequential damages in contract,tort,including negligence,warranty or otherwise,
notwithstanding any indemnity provision to the contrary.Notwithstanding any provision in any contract document to the contrary,our acceptance is conditioned on being
allowed addi6o,n li,,.•" r c'ptrlaot, •., ...,,,.".... w .-
for 6chusivandrourBo4pr�uewithres ect
Your remediex'ticrG q QM17urr y, pwu ctiM'k`,'4,or a i tits a a the pot' ,*" � s P>cr aonc9 our reasonable
k@t herein "'� )° y p to any e ) nything done h,),w';�'Atice,.600 therewith wrwc%„bta^s'dier;9arocr,ax'arcr'acu or„{y'I,re'*r¢+tl'u thereof,or P)P,prad”
d the u'u'i,o t, trw t,. n wrsl 1y
el rice for tltion,ee l' or use of an t r � rty Cµop'q, rncludin ori, or
the manufacture,sale,clu�iprr�Y,installation, yrra'• y ca)ntptulcPodq rw1"u�ttshed under this t ,,t�� #at„whether rn a r nt ( g tprrpvlap;e�rur'.�c�),r '
✓ .. 40.'Itm d 'r M dN” il{NPoPo 1
law,you agree 1„wrkb Gruutnr@luso, dmstial�us at<I"itaaWaat t' ara•aa„ent11a1�twa'a'�I«tcaa+, '• D
•extent ru� P )roy pm�azlgarrp, services ucr,�t@arr
then G@u�N @ urgturq y g o. and ala;, 4y~-a p„ y aswit'.f)u'., w�wtaal"ltl7'gV'tyl"'aar"p»u gear.y.. rurrg+r-a*a.ewwra�».
otherwise ll nota by cia or s
It l To sad' ee to tlra pt,
out of d u,M uunfta nil unless saua'h dauunur v or injury anses 9Aihi„our sole reg 8cll d,
12 It is agreed that after completion of our work,you shall be responsible for ensuring that the operation of any equipment being furnished hereunder is periodically inspected.
The interval between such inspections shall not be longer than what may be required by the applicable governing safety code Notwithstanding any other provisions hereof,if
any part delivered hereunder incorporates software,the transaction is not a sale ofsuch software;rather,you are hereby granted merely a license to use such software solely for
operating the equipment for which such part was ordered By accepting delivery of such part,you agree not to copy a let others copy such software for any purpose whatsoever,
to keep such software in confidence as a trade secret,and not to transfer possession of such part to others except as a part of a transfer of ownership of the equipment in which such
part is installed,Iart,p*rvd that you ijvrologwir in writing kibout,Malt ownership vunsiVr and the transferee agrees in writing to abide by the above license terns,
13 This t+i a'trcartl cw'rsrsCiirutle's,.t@ entire tPouu4BaPoad gpre@ifMg between thug °r„regarding tIr,y.4C0.6Crgatc t matter 1put”of'a'wrwl may no[b 9,gp%ant9P s 1 by any term a order form a%�ryu -
Other#'cuurent„and sampler redox any prior vvrj„Vttn or oral vw'rtrrut'ultat rttutirotu d'elating)A01re sane srnktjecl,�or^�iiy amendment s rtta Pif'u.nglaaarr,to flus A14<nucal shall tYs Cwe raPoaCirayt
rw( either party ou'ul w,,t1;y d l
,p+r"r"� P tY e", k.rcare8 to m aur'r ati°,by an asurrVrr ,;�:t0 reg'wric°s,enpoCuap1`�each party,
rn ANA-P r1u D1 DvrA MD eT:D17111VQ In11 A 11 D;—I,+�Doo,.. A T:-.Tv T:,,,.,,,All (1 ninsz`k D,.,,r-14.7T,'D1')nl 1n1')nKn7
Elevator x u.
Ame. Services
DATE: 01/13/2012 w
TO: FROM:
El Segundo Police Departmenti CH ELEVATOR SERVICES
Facility Maintenance 9808 Firestone Blvd
150 ILLINOIS ST Downey,CA 90241 ►
El Segundo,CA 90245
EQUIPMENT LOCATION:
EL SEGUNDO CITY HALL Judith Brown •
350 MAIN ST. Phone:(562)658-6025
EL SEGUNDO,CA 90245 Fax:(860)353-4431 1
MACHINE NUMBER(S): Z98397(State lD#128042) PROPOSAL NUMBER: ZKP120110124842
We will provide labor and material to furnish and install on the above referenced machine(s)the following:
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PRESSURE RELIEF VALVE TESTING ►
Per State of California Preliminary Order
Dated December 22, 2011
(Compliance date February 2,2012)
***Please be advised that the State of California Inspection Authority is strictly enforcing compliance dates for the
resolution of Inspection report items.We recommend immediate approval of this"proposed"work,in order to minimize the
possibility of a red-tag shutdown of your Elevator.
The following items are not covered under the terms of your maintenance agreement:
o Test the Relief Valve to determine conformance with the applicable code requirements. Seal the Valve as
required.
o Test the Cylinder to determine conformance with the applicable code requirements.
o Test the Pressure Switch and its'related circuits to determine conformance with the applicable code
requirements.
Customer is responsible for the testing of the operation of the Elevators under fire and other emergency conditions as noted.
n AN ArMOLl R1 M1 A rPnn QVIDAIT('Rc 7n1 1 All n:,a,+�normo,.. A r;1KTV>;,,....,A71 /1!1/041 77IU17/11 1 r117A 4A7
PRICE: $644.00
Six hundred forty-four dollars
This price is based on a one hundred percent(100%)downpayment in the amount of$644.00.
This proposal, including the provisions printed on the last page(s), and the specifications and other provisions attached
hereto shall, when accepted by you below and approved by our authorized representative, constitute the entire contract
between us, and all prior representations or agreements not incorporated herein are superseded.
Submitted by: Judith Brown
Accepted in Duplicate M
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CUSTOMER AMTECH ELEVATOR SERVICES
Approved by Authorized Representative Approved by Authorized Representative
Date: Date:
Signed: Signed:
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Print Name: Print Name: Timothy Herter
Title: Title: Branch Manager
E-mail:
Name of Company:
❑ Principal,Owner or
Authorized Representative of Principal or Owner
❑ Agent:
(Name of Principal or Owner)
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TERMS AND CONDITIONS
1. This quotation is subject to change of withdrawal by its prior to acceptance by you
2 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 its,out suppliers or you in connection with the performance of the work described, k
3. Payments shall be made as follows:A down payment of one hundred percent(100%)of the price shall be paid by you upon your signing of this document. Full payment shall
be made on completion if the work is completed within a thirty day period If the work is not completed within a thirty day period,monthly progress payments shall be made
based on the value of any equipment ready or delivered,if any,and labor performed through the end of the month less a five percent(5%)retainage and the aggregate ofprevious
payments The retainage shall be paid when the work is completed We reserve the right to discontinue our work at any time until payments shall have been made as agreed and
we have assurance satisfactory to us that subsequent payments will be made when due, Payments not received within thirty(30)days of the date of invoice shall be subject to
interest accrued at the rate of eighteen percent(18%)per annum or at the maximum rate allowed by applicable law,whichever is less We shall also be entitled to reimbursement
from you of the expenses,including attorney's fees,incurred in collecting any overdue payments.
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4, Our performance is conditioned upon your securing any required governmental approvals for the installation of any equipment provided hereunder and your providing our
workmen with a safe place in which to work. Additionally,you agree to notify us if yott are aware or become aware prior to the completion of the work of the existence of
asbestos or other hazardous material in any elevator hoistway,machine room,hallway or other place in the building whole AMTECH personnel are or may be required to perform
their work, In the event it should become necessary to abate,encapsulate or remove asbestos or other hazardous materials from the building,you agree to be responsible fol such
abatement,encapsulation or removal,and in such event AMTECH shall be entitled to delay its work until it is determined to our satisfaction that no hazard exists and
compensation for delays encountered if such delay is more than sixty(60)days In any event,we reserve the right to discontinue our wok in the building whenever in our
opinion this provision is being violated.
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5. Unless otherwise agreed in writing,it is understood that the work shall be performed during our regular working hours of our regular working days If overtime work is
mutually agreed upon and performed,an additional charge therefor,at our usual rates for such work,shall be added to the contract price The performance ofour work hereunder is
conditioned on your performing the preparatory work and supplying the necessary data specified on the front of this proposal or in the attached specification,if any Should we
be requir ed to make an unscheduled return to your site to begin or complete the work due to your request,acts or omissions,then such return visits shall be subject to additional
charges at our then current labor rates.
6 Title to any material to be furnished hereunder shall pass to you when final payment for such material is received. In addition,we shall retain a security interest in all material
furnished hereunder and not paid for in full, You agree that a copy of this Agreement may be used as a financing statement for the purpose of placing upon public record our
interest in any material furnished hereunder,and you agree to execute a UCC-1 fern or any other document reasonably requested by us for that purpose,
7 Except insofar as your equipment may be covered by an AMTECH maintenance or service contract,it is agreed that we will make no examination of your equipment other than •
that necessary to do the work described in this contract and assume no responsibility for any part of your equipment except that upon which work has been done under this
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contract,
8 Neither party shall be liable to the other for any loss,damage or delay due to any cause beyond either parties reasonable control,including but not limited to acts of
government,strikes,lockouts,other labor disputes,fire,explosion,theft,weather damage,flood,earthquake,riot,civil commotion,war,mischief or act of God
9. We warrant that all services furnished will be performed in a workmanlike manner, We also warrant that any equipment provided hereunder shall be free from defects in
workmanship and material. Our sole responsibility under this warranty shall be at our option to correct any defective services and to either repair or replace any component of
the equipment found to be defective in workmanship or material provided that written notice of such defects shall have been given to us by you within ninety(90)days after
completion of the work or such longer period as may be indicated on the front of this form All defective parts that are removed and replaced by us shall become our property We
do not agree under this warranty to bear the cost of repairs or replacements dire to vandalism,abuse,inisuse,neglect,normal wear and tear,modifications not performed by its,
improper or insufficient maintenance by others,or any causes beyond our control.
We shall conduct,at our own expense,the entire defense of any claim,suit or action alleging that,without further combination,the use by you of any equipment provided
hereunder directly infringes any patent,but only on the conditions that(a)we receive prompt written notice of such claim,suit or action and full opportunity and authority to
assume the sole defense thereof,including settlement and appeals,and all information available to you for such defense;(b)said equipment is made according to a specification or
design furnished by us;and(c)the claim,suit or action is brought against you Provided all of the foregoing conditions have been met,we shall,at our own expense,either
settle said claim,suit or action or shall pay all damages excluding consequential damages and costs awarded by the court therein and,if the use or resale of such equipment is
finally enjoined,we shall,at our option,(i)procure for you the right to use the equipment,(ii)replace the equipment with equivalent noninfringing equipment,(iii)modify the
equipment so it becomes noninfringing but equivalent,or(iv)remove the equipment and refund the purchase price(if any)less a reasonable allowance for use,damage and
obsolescence.
THE EXPRESS WARRANTIES SET FORTH IN THIS ARTICLE 9 ARE THE EXCLUSIVE WARRANTIES GIVEN;WE MAKE NO OTHER WARRANTIES EXPRESS OR
IMPLIED,AND SPECIFICALLY MAKE NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE;AND THE EXPRESS
WARRANTIES SET FORTH IN THIS ARTICLE ARE IN LIEU OF ANY SUCH WARRANTIES AND ANY OTHER OBLIGATION OR LIABILITY ON OUR PART.
10. Under no circumstances shall either party be liable for special,indirect,liquidated,or consequential damages in contract,tort,including negligence,warranty or otherwise,
notwithstanding any indemnity provision to the contrary.Notwithstanding any provision in any contract document to the contrary,our acceptance is conditioned on being
allowed additional 1'hr�au•for the performance of the Work due to delays beyond our reasonable control.
Your remedics,s6 G0.i0%herein r'u xuluusuvc and our h abitq,„rwro"t l respect to any coutr' u'urr•y0u mgr,done in comucctuurt rr 'r 4eBu snrth ans pvcu tlrtrwrrrun'acr,err 1"1","r ttl`vre;�'r'Y"„of Ikont
the oru�ortu6,fr�cprana.„sale,dc,B' y„installation,repair
.,awr�r„uf�.,.e of any equipment'd"u" �s trc+0.6 under this contract,wr°9t�atlr fit,rc:aatl'18t'dasvC,irr Eou'q(,drpc;6mgd�iotp;,utc^� niece,),uta WAurmlly or
otherwl ere,shall not r�' ed the price for the cquitnjp r.1 or services veodcmd6,
out lottrt�u,prrrtR"p�rc�wt n1c4wuPwa%wrnptlk afad4rry;1'Xu6ucawr ry'ng'Yuu"yrnpa„cucgye.r�,Nax
5kopa„lr uwd^our
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12 It is agreed that after completion of our work,you shall be responsible for ensuring that the operation of any equipment being furnished hereunder is periodically inspected,
The interval between such inspections shall not be longer than what may be required by the applicable governing safety code Notwithstanding any other provisions hereof,if
any part delivered hereunder incorporates software,the transaction is not a sale of such software;rather,you are hereby granted merely a license to use such software solely for
operating the equipment for which such part was ordered By accepting delivery of such part,you agree not to copy or let others copy such software for any purpose whatsoever,
to keep such software in confidence as a trade secret,and not to transfer possession of such part to others except as a part of a transfer of ownership of the equipment in which such
part is installed,provided that you inform its in writing about such ownership transfer and the transferee agrees in writing to abide by the above license terms.
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