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HomeMy WebLinkAboutAMTECH ELEVATOR ( NAES ) 1 -2006 1~' I INSURANCE mll ON FILE. WORK MAY 1'l.Ql PROCEED CLERK OF COUNCIL DATE: (P,~j-oh A-2006-118 0: rlll5 oJ UJ1.0~) THIS AGREEMENT, made and entered into this 15th day of May, 2006 by and between NAES Acquisition Corp, dba Amtech Elevator Services, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). CONTRACTOR SERVICE AGREEMENT RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of elevator service, maintenance and repair. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expecled from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide preventative maintenance and repair for elevators located in City facilities, including City Hall and the Ross Annex, Library, Corporate Yard and the Santa Ana Zoo, as set forth in City's Request for Proposal dated February 27, 2006, incorporated by reference, and Contractors Proposal dated March 31, 2006, attached as Exhibit A to this Agreement. 2, COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $30,816.00, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3, TERM This Agreement shall commence on the date first written above and terminate on May 31, 2007, unless terminated earlier in accordance with Section 12, below. The City shall have the right to extend the term of this Agreement for four additional one-year terms, upon the written exercise of the option, signed by the City Manager or his designee. 4, INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5, INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of$I,OOO,OOO per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the 2 , " '. performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state Ihat the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6, INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations ofthe Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. The Contractor further agrees to indemnify, hold hannless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7, CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that 3 it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8, CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Finance and Management Services City of Santa Ana 20 Civic Center Plaza (M-Il) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5421 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 4 telefacsimile (714) 647-6515 To Contractor: Amtech Elevator Services 1550 S. Sunkist Street, Ste. A Anaheim, Califomia 92806 telefacsimile (714-939-6524 Attn: Justin Seibel A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excl uded. 10, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms oflhis Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11, ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 12, TERMINA nON This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: 5 , " a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate, b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13, DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contraclor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14, JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15, PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16, MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as iffully set forth in the body of this Agreement. 6 71493965?4 AMTECH Ele\lB1:or Sa'VI 145602 06.14-2006 1/2 Contract Number AAfTEClI Elevator Your Order Number . Services 061206 ACKNOWLJ~DGMENT Datc Acknowledged Junc 12, 2006 Thank you tor YOur order Sold To: Plcase refer to our contract number in all City of Santa Am, California correspondence. Address all inquil'ics to: 1550 Saakin Street Anabeim, CA, 91806 Job Location AlIn: Jasdu Seibel City Hall and tbc Ross AnnC% Library, COrpOrate: YanI, Santa Ana Zoo We .ncI05' two signed copies of ollr contract willt you dated ~ 19"-,'a1~g~ ~rtb our iJlsurallcc c:crtif'lCllte. Pleue forward on. (I) copy of me Contra'" Do..umen~ signed by you, to this office for our records. Our accepta!lce ofllti. Agr...ment i. conditioned by the followi. g clarifications to it. lems, whether specirocally noted in !be contl'llCt or as all additional documcllt incorporated by reference or as a matter of law. It i. also UJldcrstood th.t our proposal is mode a pan oflhis Agreement and me this Acknowledgement Lettcr and our proposal shall prevail over IIJlY contract specificaliom, and that t1tetenn. inoluded herein will be deemed accepTed by you upon our cnmmencement of the Work. Our ac~ ofUle aItlched contract;" expressly conditioned upon lbe following clarification: l'8.QJECT DELAYS Notwithstanding any other provision in the contract to thc contruy, neither party shall be liable for any loss, damlglt or delay due to any cau!,e beyond either party'. reasonable control, includin~ but not limited 10 IWls of governmen~ labor disputes, .trilees, hck outs, theft, we/lther, natUral or man-made (Iisaster, civil commotion, mischief or act of God. Under no circumstances .hall either party be liable for special, indirect, liquidated or consequential dam8fll:' of any kind. APPROVED AS TO FORM Ll.Iira SI rJ ""j.~i:::t:y ASS1Sl.~~1t. C:ity AHcr.lt.~' IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: C'TYMi2. DAVID N. REAM City Manager ~~ ~ATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney K 4- By: .' "I ,//n..,,_ ',{, t./I, _ LaufuSheedy / Assistant City Attorney THE UNDERSiGNEO HAS BEEN GRANTED SPECIFIC AUTHORITY ONLY TO SIGN THIS CONTRACT SUBJECT TO THE ~KNOWLED2EMENT LETTER DATED .- i 2. - P . ATTACHED HERETO AND MADE PART HEREOF AMTECH ELEVATOR SERVICES Tax ID # 7 7149396524 AM TECH Elevator Se VI 10:39:49 06-27 -2006 2/3 ~ MARSH 1 CERTIFICATE OF INSUF~NCE I ISSUE DATE 0612012006 PRODUCER This certificate is i66ued 86 a matte' of information only and ronfers no rights MARSH USA INC. upon ttle Certificate Holder. This C miflcate does not amend, extend or alter the ONE STATE STREET coverage afforded by the policies tulow. HARTFORD. CT 06103-3187 COMPANII,S AFFORDING COVERAGE Company Hartford Fire Insurance Co A INSURED Company Ins Co of the StatE of PA AMTECH ELEVATOR SERVICES B 1550 S. SUNK 1ST ST., SUITE A Company ANAHEIM, CA 92806 American Horne A ~surance Co C Company National Union Fim Ins Co Pa It - d--oOG- fie D Company E New Hampshire Insurance Co COVERAGES This certifica Ie supersedes and replaces any previously 166ued certificate fe r the policy period noted below. This is to certify that the policies of insurance described herein have been Issued to the Insured named herein for the policy period indicated. Nolwlltlstandilg any requirement, term or condition of contrac: or other document with respect to which this cartl1lcate may IB issued or may pertain, the insurance afforded IlY the policies described herein is subject to all he terms, conditions and exclusions of such policies. Limits st awn may have been reduced by paid claims. CO TYPE OF INSURANCE POUCY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABIUTY LT A GENERAL LIABILITY 02CS ::T10004 04/01/2006 04/0112007 E 'lCH OCCURRENCE S 1,000 000 IX! Commercial General Liability F RE DAMAGE $ 300 000 o Claims Made IKI Occurrence $2,00 l,ooo general aggregate per " EDICAL EXPENSE $ 5000 o Owners' and Contractors' Prolection localll,n/project S 1,000 000 0 P:RSONAL & /IoDV "JURY 0 $10,0 lO,OOO policy general aggregate G ENERAL AGGREGATE $ 2,000000 General Ag gregale L1mil applies per. P ~UCTS - COMf'lOP AOO. $ 2,000 000 o Policy 0 Project DLcx:ation A AUTOMOBILE LIABILITY 02CS ,T10000 (AlO) 04/01/2006 04/0112007 c JMBINED SINGLE UMlT $ 1,000000 00 Any Automobile 02CS ,T10019 (HI) B:lOR. y INJU~Y (Per pnon) o All Owned Automobiles Hartle'd Underwriters Ins ~:lOIL Y INJURY (Per accldenl) o Scheduled Automobiles o Hired Automobiles P_IDPERT'f DAMAGf o Non-own ad Automobiles C'lMPREHENSlVE 0 C'llUSION B WORKERS' COMPENSATION 4763013 (CA) 04/01/2006 04/0112007 ....::: S1a1Uory u"",1 x I other I I C AND EMPLOYERS' LIABILITY 4763014 (Fl)4763626 (MA) EL EACH ACCI)ENT $ 1,000, )00 D 47632l27(CT ex. SIR $2,500,000) EI. DISEASE (Each elTllll""",,' $ 1,000, JOO E 47630 l2l4763004 (mulli) El _ DISEASE (Policy UmiI) $ 1,000, )00 47630 l3 (MN) 476325 (NJ) F=47E 3012* 4763015(OR)' F=AM ,RICAN INrL SOUTH INS CO EXCESS LIABILITY EI.cH OCCURRENCE o Occurrence DClaims Made A(;GREGATE .- .- .- This certif_icate on,y applies to City Hall, 20 Civic Cent .r Plaza - Santa Ana LIbrary, 26 Civic Center Plaza, City Hall Annex, 24 Civic Center Plaza _ Corporete Yard, 215 S. Center Slr....l - City Hall, 20 CiVIC Center Piau (Wheelchair L -It) and Santa Ana Zoo, 1801 Chestnut Place. e1The City of Santa Ana, its offICers, agents, employe<'S, volunteers and representatives are adddional insured to !he extent" quired by contract. contract number. DVB-ll6416 CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBE D POLICieS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSU~ER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE I.EFT. . 'dP'~ " ,. ": '- , City of Santa Ana MARSH USA INC (J~ ~. #7JB{ 20 Civic Cenler Plaza ll~ BY: Santa Ana, CA 92702 ~__~t1\ () .. 01 j / - -,~.-- ~, CertifICate 10: DFF3L3JY V :(1 7149396524 . AMTECH Elevator Se .vi 13:3253 07-05-2006 2/2 Polley Number: 02 CSE T1 0004 Effective Date: 0410112006 . Named Insured and Addrens: UNITED TECHNOLOGIES CORPORATION ONE FINANCIAL PlAZA HARTFORD, CT 06101 Emit. No. THIS ENDORSEMI:NT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL U. ~ILlTY INSURANCE POLICY SCHEDULE Name of Person or Organw tlon: CONTRACT NO: DVB-<>6416 (REVISED) THE CITY OF SANTA ANA. ITS OFFICERS, AGENTS, EMPLOYEES, VOLUNTEERS AND REPRESENTATNES The Insurance afforded by thir, policy for the additional Insured(s) is primary and Elny other insurance maintained by or available to the additionel insured(S) is non-contrlbutory WHO IS AN INSURED (Seetle... II) is amended to Include as an insured the person or organization shown in the Schedule, but only with respeCf to liability arising out of "your wol1c" for thai Insured ,y or for you. For the purpose of this endorsument, .you. shall refer to Otis Elevator Company d/b/a Arntech Elevator Services. and "your work" shall mean work performed by or for otis Elevator Company d/b/a Amtech Elevator Services. Form GT 53 24 13 (ED 01103) Page 1 of1 @ 2003, The Hartford , ::- -. -(Jnckldes copyrighted material of Insurance Services Off ce / w1ttlltS pel71ission. Copyright, Insurance Services Office, Inc.. 2003 ~ ~l~._ ') '$ I '\ i 1 ~. J~.' ~, .,f. ) f;/;/J ,- AAfTECH Elev~tor SefVJCeS Proposal for Elevator Services . Administered By: CITY OF SANTA ANA Submittal Date: March 31, 2006 CONFIDENTIAL This submittal is intended for use by City of Santa Ana only Prepared by Your Account Executive: Justin Seibel PLEASE NOTE: AMTECH ELEVA TOR SERVICES RESPONSE TO THIS RFP IS BASED UPON MUTUALL Y AGREEABLE TERMS AND CONDITIONS EXHIBIT A Page 2 of 30, Section 1.0 ') A) Strength and Stability of Firm (Please see Appendix A for Annual Report and Trade, Financial References) IJ Page 2 of30, Section 1.0 B) Technical Experience on Equipment to be serviced Amtech Elevator Services' specializes in servicing all manufacturers of elevator equipment, Our technician's are trained on all the major manufacturer's equipment including but not limited to Otis, Dover, Montgomery, Schindler, and MCE (Motion Control Engineering), This is a specific benefit to the City since you have several manufacturers to service now and with growth will likely have additional types of elevators to service in the future, In addition, our service department is well trained in locating like replacement parts for all makes and models of elevator equipment, This experience is especially valuable for limited downtime for your elevators when parts are needed for repairs, Another benefit we offer that meets the City's Service needs that is our troubleshooter's expertise and resources. Our troubleshooters are best in class, providing expert resolutions to any ongoing problems that can Occur, We are also able to resource a "network of experts via a our parent company, making our resources for various equipment unmatched in the industry. Page 2 of30, Section 1.0 C) References KAISER CANYON GENERAL 411 - 441 Lakeview Avenue, Anaheim, CA Contract effective since 5/1/81 (3) U,S. Hydraulic Passenger Elevators - 3 Landings (4) Geared Passenger Elevators - 9 Landings (2) Cart Lifts (2) Amtech Elevator Hydraulic Passenger Elevators ) Contact is Mr. Dennis Baker, Tel., (714) 978-4000 Amtech Elevator Services Proposal 2 3/30/2006 Page 2 of30, Section 1.0 I) D) Customer Service Program A. Philosoohv: Our miSSion is go above and beyond the customer's expectations when servicing our customers. That is how we define our customer service expectations and how Amtech Elevator Services has become the leader in Southern California Elevator maintenance, We measure our performance with customer service by how well we are implementing specific items that set us apart. Here are a few of those items: fJ · Providing personal visits at any time. · Always returning calls in the same day. · No voicemail in our office, you always get a live person · Customized work histories and trouble call summaries . Access to top troubleshooters in industry B. Handlinq Comolaints: Every service organization will receive customer complaints from time to time. It is extremely important to Amtech Elevator Services that complaints are addressed and that the customer has a "resolution" to their issue. Our procedure to solving customer complaints is having the account executive and service manger get personally involved immediately for customer complaints. First, the account executive calls the customer back and asks them their concerns and sets up a meeting if the customer is available. Then the service manager is notified by the account executive and correction action is taken by talking directly to the service mechanic on the job. Finally, the account executive follows up in 3-4 weeks to make sure the problem has been corrected with the customer, .) Amtech Elevator Services Proposal 4 313012006 ( AMTECH Elevator Services Reporting Matrix: Dan Buttrey Branch Manager REPORTS TO / Mike Klotzly Regional Manager RESOURCE \ REPORTS TO Dan Gaeta Service Manager t REPORTS i TO RESOURCE Frank Christopher Repair Manager RESOURCE ... Service Mechanic RESOURCE . Phil Trinidad Parts Manager RESOURCE 1 Justin Seibel Account Executive '( Amtech Elevator Services Proposal 7 3/30/2006 ( if ~- ~ 'C Benefits and Services Branch Overview Amtech Elevator Services has deyeloped into the market leader for eleyator maintenance in the greater Los Angeles area over the past 14 years. During this time, Mike Klotzly has been the branch manager. His consistent leadership in proYiding excellent customer service has earned Amtech Eleyator Services a solid reputation in the area. Local Resources Our local resources for proYiding excellent eleyator maintenance services are unmatched in the area, based upon our size and saturation of the area, allowing us superior flexibility. We currently have oyer 31 route mechanics and 8 repairs crews. This also affords us a wide range of local expertise on yarious equipment and the ability to provide "same service substitutes" should your regular route mechanic be on vacation or become ill. Local Service Our large mechanic base allows us to proYide oyerlapping coverage of routes, increasing our ability to respond quickly to emergencies and trouble calls. Our "mom and pop" approach to service has led to the excellent reputation and growth we haye seen since the branch started in 1990. Financial Stability Our parent company, United Technologies Corporation is a publicly traded company that earned $31 billion in 2003 Revenue and is the 51$ largest US corporation. Worldwide Resources As a wholly owned company of Otis Eleyator diyision of UTC, our mechanics can access expert adYice, technical diagrams, and troubleshooting practices on Yirtually any elevator and escalator equipment available. We are now implementing industry leading job processes for new elevator installations, modernizations and service deyeloped by Otis Elevator. Safety Program Finally, our safety program is the most rigorous in the industry. It includes monthly safety meetings and weekly safety "reads" to promote continuous education of our mechanics. This training promotes a safe work enyironment for our mechanics, your employees, your tenants and customers. Amtech Elevator Services Proposal 8 3/30/2006 . . Page 8 of 30 r Qualification of Contractor-specify two qualified mechanics Employee Name Title Years of Experience OEM's serviced on Mark HefTIer Service Mechanic 18 Motion Control Engineering, US Elevator, Otis, Montgomery, Schindler, Essco, Dover, Dumbwaiters, Wheelchair Lifts Rick Kant Service Mechanic 26 Motion Control Engineering, US Elevator, Otis, Montgomery, Schindler, Essco, Dover, Dumbwaiters, Wheelchair Lifts. r Each customer is assigned a mechanic and an account executive. The mechanic performs preventative maintenance, provide personal communication of daily elevator related issues, recommends upgrades, and advises of any safety concerns on your elevators. The account executive answers your questions, provides advice on repairs and upgrades, serves to facilitate scheduling of your state order corrections and repairs, and is available for personal visits at any time. Page 90f30 Amtech Elevator Services has the ability and resources to "properly fulfill all the services and conditions required under these specifications;"... and we have personnel trained in the maintenance of your type of equipment under our employ. Our facilities are located just 10 minutes from City Hall, providing efficient dispatching and servicing of your buildings. ( Amtech Elevator Services Proposal 9 3/30/2006 Specifications for Elevators Maintenance Various City Buildings f ( ALTERNATE PROPOSALS - GENERAL, ALL UNITS At the Owner's option, overtime call-back service may be necessary and will be included in the monthly maintenance price to include the following: ALTERNATE NO. I The Contractor shall provide emergency minor adjustment callback service on a 24-hour a day, 7 days a week basis, at no additional cost to the Owner. Price for Alternate No. I shall be indicated on Page 2, 4(a) of this Proposal. This Agreement, and the acceptance thereof, shall constitute exclusively and entirely, the Agreement for the service described herein. By signature and Company seal below, the Contractor hereby agrees to perform and abide by this Agreement, in its entirety, for the duration ofthis Agreement. Failure to do so may result in rejection of bid, termination of contract, and possible legal action by the Owner. c. SUBMITTED BY (COMPANY): AMTECH ELEVATOR SERVICES ADDRESS: ST UIT 'An ANAHEIM, CA 92806 . . SIGNATURE: TITLE: B MANAGE FEDERAL LD. NO: 06-1417004 CITY OF: ANAHEIM CALIFORNIA CONTRACTOR'S LICENSE NO.: Cll 737286 DATE: MARCH 28, 2006 ACCEPTANCE: The forgoing Agreement is hereby signed and accepted: Date: ~ /L "l../ t?? I t By: Signature of Authoriz \ 170f30 ( /' ( ( '...... Specifications for Elevators Maintenance Various Cily Buildings EXHIBIT F Price for monthly service for the listed equipment below for 5 consecutive years: EOUIPMENT MINIMUM SERVICE FREOUENCY Citv Hall: 20 Civic Center Plaza 3: U.S. Elevator Geared Passenger, 2. 10 stop, 1.9 stop, Santa Ana Librarv: 26 Civic Center Plaza I: AmliftlMCE Hydraulic Passenger, 3 stop, City Hall Annex: 24 Civic Center Plaza 2: Dover Hydraulic passenger, 5 stop, Comorate Yard: 215 S. Center Street J: Dover Hydraulic Passenger, 2 stop, Price $750.00 per month Price $114. 00 per month Price $ 228.00 per month Price $ 342,00 per month Cit Hall Wheelchair Lift 20 Civic Center Plaza Examination & Lubrication Onl I. Wheel-O-Vator, 2 stop chair lift, Quarterly Service Price $ 20.00per month Santa Ana Zoo: 1801 Chestnut Place I: Schindler Elevator, 2 stop, 300f30 Price $ 114. OOper month - ~1<;bL O"O,-~ w o > o Z I- U o ~ I I..~I "- W tn (!J ::J <l: ...J ::J ..., Z ::J ..., ~ :;; 0: "- <l: 0: <l: :;; m w u.. Z <l: ..., >- u U w Z 0.. W I/) ::J o :; l:! :5 w :; :; :; :; 0 0 0 0 0 0 <( ;)j <( 0 <( <( 0 <( :; :; :; :; 0 0 :; :; ;)j <( u.. z a: w "" "" w :; ~ I/) :J U U w .... Z Ci:i <( z CO J: 0 (I) u ;: w (I) :; .... w :;; 0: u >: <l: :> u "" w W W J: >- I/) u ~ (,) '~ .... "" II> <( CI) J: U "- w 2 u z ~ <( z m w .... z 61 :;;: :; w > ~ ;:: z w ~ > w "" "I" 0.. - \ ,.... n t ,~ ~ ~ ,} I/) I/) Z ..J 0 ..J ;:: w t3 u 0 Z .... 0 :J J: :; 0.. :; I/) ..J '" 0 I/) <( w U ..J Z Cl >- w Cl c u G:i Ci:i w z W ..J '" ~ Cl "" I/) w "" 0 0.. "- W 0 :; <( :; ..J :s I/) w "- -- ~ z 6 I/) w <( I/) >: ~ 0.. W C w u I/) ~ u Z ..J co w :> :J ..J ~ I/) In W Cl 0 >5 :J W Z .... .... "- 0.. "" > c 52 0.. I/) W I/) 0 c '" :J Cl 0 Cl U 0 :;; z '" .... u '" f!! 0 z I/) u 0 0 w z <( "" w ::;: .. .... 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C)zti~ UJ !z ffjffjg5 f5 :efaCIJ:5UJU)I-OJ ~ ~ ~g ~~~: ffiff3 ~ ~~ti~ G 8~~~~~~~ ~ 5 ~~ ~a~~a::: ~5~~ ~C)~U)~~ ~~~w~~~~ ~5 w o~~~~o~~~~~~gCl)~5ffi~~~6a:::~~~ffi<~o~ ~offi_~ ~g~",~~~~a:::a:::ooU)"w~~~~~w~~u~u~g~~g~w a:::~I-~ zwW zz-w<a:::~ OO~WOI-UOW~~o ~1-1-1- ~o WW I ~~ww~c..oozc..oooNa:::<<~zo:e:e~5<<<< c..zCl)~a::: ~~a:::U)C)~U)oZo300~~~~u~z~a:::z a::: wa:::oo a:::D::'<D.. uwoc..a:::a:::wa:::<cwl-~a:::I-<u~u< I-<I-w~~w~~ ~W~CI)a::: w~o:eWWI-Owa:::>a:::~o~~wOJww~zw~Zo<zmm w>~a:::O z<~<:e:e<O~<w<<o~o~~~~<o~ow~a:::w~~ ~O~<o ~~~ ~O~OJUC ...jjjjjj ffi~liJ Ul~ Q<(~ w::; ~Q<: ". !,!~ ....._ ('0. cz>w -l ('0. W w...J <:(ffifij<: 0 zQCw i::CIlj...;::;; f- oUl!,?!<ffi,:;: :E<:liJ:;) 0::0. c::o.i>: -CiO:..J w~cnWO:J -..1<:","0 m",t:;oo.wu ;:!-O""'U :;;w~ "'U ~;U~ ~~~~~~ ~~!QS wl-wgge 00' 0:: ~~~:.::.::.: :E::;;~~ OUl-uuu :t;:t;. 0:: >- tlJ t:;~ ~ ~ U<JliJll.. CUlC)uuu ~~~~ 0..... ,., .c ." ~ "E .<: nl "~ "C :c G:l CJ S ~ .g !5 en ell E: C1I .J: "C nl g. >= frl ~ ~ 0 o I- E: .s::: :;:;: Z::E ra CJ ... W -( U; .s :; ::) II II O:ou W"'w a:Oo. LLZUl " 'ii ~ ~ E ,.," m _ C C J: cp :; 'E"E ~ 0 ~ ~ E VI II II :;;<( Ul Qj c ::i c 'n; :;; I ..;, . . . ~ EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 8 7149396624 nMIEi;H I Vcvatol SYroI ` l lzwua oe,-lyzoor 2iz I I MARSH CERTIFICATE OF INSURANCE I 'a~;~,~;` I _ PRODUCER This certificate is issued as a rnatfer of information Doty and mn'ers no rights MARSH USA INC, upon the GertiE rate HGlder. This CerlNcate does not amentl, extend or alter the ONE STATE STREET cove2ge afforded by the policies below. HARTFORD. CT 06103.3187 COMPANIES AFFORDING COVERAGE Company Hartfortl Fire Insurance Co A__ .~ Com pany Ins Co of the Stete of PA l INSURED g ~ - AMTECH ELEVATOR SERVICES 1550 S. SUNKIST ST., SUITE A Company American Home Assurance Ca ANAHEIM, CA 92806 I C --I A ~oo/ _ //8 Company Natbnal Unron Fire Ins Co Pa Com~any New Hampshire Msurance Co ~ _ _ l~ COVERAGES Thls certificate supersedes and replaces any previously issued cer[ificato for the policy period noted below. This is ;o cer[Ify that the policies of Insuranpe oesrrlbed herein have Deen issuetl to the Insuretl named herein for the polcy perod indicated. NDhvlNete nding any repuirement. term ar condition of conlrac: or other cocumem. with respect b which this serif+cate may be issued Gr may perlairt, the Insurance afforded ny Ne policies described herein is sublect to all pie terms, conditions and exclusion; of such policies. Limits shown may have berm reduced by paid claims. CO TYPE OF INSURANCE POLICY NUN9ER EFFECTNE FJIPIRATION LWITa OF LIABILRV LT A GENERAL LIABILITY ~ 02CSETifNIC< 04rotfzU07 09/01/1008 EACH OCCURRENCE 8 1p6o,000 ~CMnrtierCNl Geru2i Lapel iY FIREfX.MY3E $ 300.600' ^ Clarm Metle ®Dccuvenu $2.000,000 general aggre9afe PB' ( ~ MEDICAL EXP ENSE $ 10,000 i ~OUOer4 antl [orvraclpra'Proxtlgn !ocaLron;proiBtl ' E-6.~f•1BLA^APIJC lIP_ 1000,000 en ral 000 o $t0 01b c I . - ~_ 2,000,000 i ^ Gereral AaPegaleLme applKS per: ®PBrr oPme~ c~rNge p . . li y g e a99reg+ae _ a 2,066,000'' A AUI0MOBILE LIABILITY 02CSE1100001A'O) ~ 0</0t20D7 04/01!2(106 COMBINEDaINDLE LIMIT $ 1,000,000 ArY summc5 c 112CSFT100t9 (Nil i dDDaY IN Y r Beam $ i LgII O,vn~A~benp k6 ld'Irgrtl UnCarvlltlar51P4 80 LY INJ t§r iLenl $ ^9tltetlWBa AUgraoles $ Fir 1AulBmpd!BS ~ I s -l NMBwnM AuurgB w COMPREHENSIVE y _ G cawstON R WORKERS'COMPENSATION 1921261 fcA) uagvz00 ~D6 we s:alupry Lima~x,aner 0 ' 2921282 (FL)2921265 (MA) 1 OOD 066 L W BILITY AND EMPLOYERS CT SOO 000 2921286 SIR $2 EL EACH ACCIDENT $ , , p ex , ( . ) 004000 1 $ 6 292t259Yt921257 inmIIQ EL DISEASE IEac6 emgoRBl , ,, 2921258 (MN)292t261 (N!) I ELINSEA9Efl61p unQ $ 1,D00,0001 F•2921260. 29Y 763(ORI' it F•AMERIC:AN' INTL SOUTH INS I ~ E%CESS LIABILITY -} EACH OCCSiRENCE $ ~DCCU:crcr UClaims Matle. i ~ gGGPLi9ATE $ ~ ~.. ~ ~ ~ I 1 ~ I S , Thix cerefrata only apples la Cily Hall, 2C C.rlc Center Kara ~ San1a Ana LIbRry 26 Crve Canler P4za. Cary Hall Annex, 24 CN¢ Center Plaza - Cwpaale Yard, 215 S CBnlar Sireel -City Hall, 20 Cimc Canler Plana (rihee¢hau Lill) and Septa Ana Zoo, 1801 Chexlnul Place. Gly of SBnla Ana, 9x olRCars, empbyees, egerU, volunlaers enE repieeenralivBS are atltlNanal insuad lp the rodent requiretl q' conpati. The wveage allortled v pnmary an0 nommnln8lAOry lq fha es4ant mq vetl Oy contact. corBad number. DV6-0B4 t6 L -~; CERTIFICATE HOLDER City DF Santa Ana 2D Qvic Center Plaza Santa Ana, CA 927D2 SHOUI D ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE IHE EXP: RATION DATE THEREOF, THE INSURER W ILL MAIL 39 DAYS WRITTEN NOTICE TO THE CFRTIFICATE h'IXAER NAMED TO THE LEFT. 11 ~r~~~~'~~i~/ ~~? T/ .Loft S4L ,.,is[a,tl l /~ USA INC _ _ ~--~ ,C/ 7144i39Ei524 AM TFJH Hevahx ~crvi 13 32 61 0612 2D0/ 212 Policy Number: 02 CSE T10004 Effective Date: 0 4101 /20 0 7 ' Named Insured and Address: UNITED TECHNOLOGIES CORPORATION ONE FINANCIAL PLAZA HARTFORD, CT 06101 Endt. No. THfS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the follov4ng: COMMERCIAL GENERAL LIABILITY INSURANCE POLICY SCHEDULE Name of Person or Organization: CONTRRCT NO' DVB-06416 CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES WHO IS AN INSURED {Section IIJ Is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" }or that insured by or for you. nor the purpose of th~s endorsement, "you° shall refer to Otis Elevator Company d/Wa Amtech Elevator Services, and "your work" shall mean work performed by or for Otis Elevator Company dlb/a Amtech Elevator Services. h.:~~ RfIV~~lli~A''S 'I'l/~ I~O1tM rare 1t.t! 51.,;zw ..,::Ie^i l,iry ACi OT-C~' Form GT 53 2413 (ED 01/03) O 2003, The Hartford Page 1 of 1 (Includes copyrighted material of Insurance Serv:~ces Office with its permission. Copyright, Insurance Services Office, Inc.. 2003 )