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HomeMy WebLinkAbout24 Hour Elevator Inc; 2021-04-28; PSA21-1439FACPSA21-1439FAC AGREEMENT FOR CITYWIDE ELEVATOR PREVENTATIVE MAINTENANCE SERVICES 24 HOUR ELEVATOR, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, but effective April 30, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and 24 Hour Elevator, Inc., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in elevator preventative maintenance services. B. Contractor has the necessary experience in providing professional services and advice related to elevator preventative maintenance services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed twenty-eight thousand four hundred eighty-four dollars ($28,484) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed twenty-eight thousand four hundred eighty-four dollars ($28,484) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F April 28th PSA21-1439FAC during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Brian Bacardi Name Chris Sommese Title Public Works Superintendent Title Sales Manager Department Public Works Address 4837 Mercury Street City of Carlsbad San Diego, CA 92111 Address 405 Oak Ave. Phone No. 858-279-8900 Carlsbad, CA 92008 Email chris@24hourelevator.com Phone No. 760-434-2944 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ☐ No ☒ 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC 27.AUTHORITYThe individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bindContractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California 24 HOUR ELEVATOR, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Donovan McKeever, President (print name/title) By: (sign here) Matthew Korcinsky, CFO & Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC EXHIBIT “A” SCOPE OF SERVICES Contractor to provide elevator preventative maintenance services in accordance with the City of Carlsbad specifications listed in this document as Exhibit B (General Specifications: Manner of Performing Services), and Exhibit C (Preventative Maintenance Frequencies and Quality Standards). Contractor shall provide all equipment, labor and materials necessary to perform monthly elevator preventative maintenance services at City of Carlsbad facilities outlined in the following table. Item No. Description (# of elevators on site) Service Unit Price Annual Total 1. COLE LIBRARY (2) Preventative Maintenance Monthly $ 496.00 Per month $ 5,952.00 (Extended Amount) 2. SAFETY CENTER (2) Preventative Maintenance Monthly $ 330.00 Per month $ 3,960.00 (Extended Amount) 3. 1635 FARADAY (1) Preventative Maintenance Monthly $ 154.00 Per month $ 1,848.00 (Extended Amount) 4. DOVE LIBRARY (3) Preventative Maintenance Monthly $ 330.00 Per month $ 3,960.00 (Extended Amount) 5. SENIOR CENTER (1) Preventative Maintenance Monthly $ 154.00 Per month $ 1,848.00 (Extended Amount) 6. LIBRARY LEARNING CENTER (1) Preventative Maintenance Monthly $ 154.00 Per month $ 1,848.00 (Extended Amount) 7. SAFTEY TRAINING CENTER (1) Preventative Maintenance Monthly $ 154.00 Per month $ 1,848.00 (Extended Amount) 8. PINE COMMUNITY CENTER (1) Preventative Maintenance Monthly $ 185.00 Per month $ 2,220.00 (Extended Amount) 9. After Hours Trouble Call Services/Overtime & Double Time Charges As Needed Overtime $499/Hr. Double-Time $575/Hr. $ 5,000.00 TOTALS: $ 28,484.00 (Extended Amount Total Per Year) DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC EXHIBIT “B” GENERAL SPECIFICATIONS MANNER OF PERFORMING SERVICES DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. "BID ITEM" - Individual items of work in the CONTRACTOR'S proposal at an agreed price for the work. B. "CITY"-The CITY of Carlsbad. C. "CITY MANAGER" - The fully appointed CITY MANAGER of the CITY or his authorized representative. D. "CONTRACT ADMINISTRATOR" - The FLEET AND FACILITIES MANAGER’S designee for bidding, awarding and administering the CONTRACTOR'S work under this agreement. E. "CONTRACTOR" - The managing individual of the contracting entity or his authorized employees or representatives. F. "FULLY OPERATIONAL" - In a condition to undertake the function to adequately as passenger or freight elevator. G. "PERIODIC INSPECTION" - Routinely scheduled or randomly noticed inspection or audit conducted by CITY. H. "PREVENTATIVE MAINTENANCE" - Work specified in the preventative maintenance schedule, Routine Preventative Maintenance Tasks for Elevators and Maintenance Quality Standards of this agreement that consist of work performed by the Contractor at a fixed price cost. Work under this contract to maintain the serviceability of elevators specified. 1.00 STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY 1.01 The CONTRACTOR shall perform the work described herein in a thorough and professional manner so that the City of Carlsbad is provided with reliable and high-quality Elevator Maintenance services at all times. 1.02 The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, all labor, tools, equipment, and materials necessary, unless specifically excluded herein, to perform preventative maintenance at the Bid Item price. The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, tools and equipment necessary, unless specifically DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC excluded herein, to perform authorized Preventative Maintenance at the Bid Item price for Labor. 1.03 The CONTRACTOR'S forces shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform maintenance services. The CONTRACTOR shall erect barricades, warning signs and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas. 1.04 Elevator maintenance shall be performed in accordance with accepted standards for Elevator maintenance to the satisfaction of the CONTRACT ADMINISTRATOR or his designee. CONTRACTOR shall immediately respond when notified by CITY to correct unsatisfactory work at no additional charge. 1.05 The CONTRACTOR shall maintain individual maintenance logs listing all work performed under this agreement. These maintenance logs shall be kept in a designated area on each site. Logs shall indicate the date of service, time of service, service performed, the technician performing service and any other information that may affect current or future operation of the elevators. The CONTRACTOR shall report these locations, by address, to CITY'S CONTRACT ADMINISTRATOR, or designee, within 48 hours. (Deductions may be made from the CONTRACTOR'S payments if maintenance logs/tasks are not reported to CITY within the time allowed.) 1.06 The CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks to the satisfaction of the CONTRACT ADMINISTRATOR, within twenty-four (24) hours of notification. Failure to comply with this requirement will result in a reduction in payment to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. 1.07 The CONTRACTOR shall prepare and submit an annual schedule for PREVENTATIVE MAINTENANCE to the CONTRACT ADMINISTRATOR for approval. The PREVENTATIVE MAINTENANCE Schedule, Tasks and Quality Standards shall be adhered to by CONTRACTOR unless deviation from the approve schedule is authorized by the CONTRACT ADMINISTRATOR. 1.08 CONTRACTOR shall, during the term of this CONTRACT, respond to requests for trouble calls or call back service work as required, twenty-four (24) hours per day, seven (7) days per week. The CONTRACTOR will absorb all costs for services provided during normal working hours. CONTRACTOR is required to dispatch required technicians to the site, within four (4) hours of contact by the CONTRACT ADMINISTRATOR or upon the first available business hour. On overtime and double- time hours, the CONTRACTOR will absorb the straight time portion of the call and the CITY is responsible for the overtime or double-time portion only. Straight Time: Monday through Friday excluding Holidays, 8:00 a.m. to 4:30 p.m.; Overtime: Monday through Friday excluding Holidays, between 4:30 p.m. and 8:00 a.m., Saturdays between 12:00 a.m. and 11:59 p.m.; Double Time Sundays and Holidays. DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC 2.00 ELEVATORS TO BE MAINTAINED 2.01 The service areas, hours of operation, and frequencies of service under the provisions of this CONTRACT are detailed in Exhibit "C". 2.02 CONTRACTOR acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition, and agrees to make no demands upon CITY for any improvements or alterations thereof. 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 3.02 The CONTRACTOR'S monthly invoices for PREVENTATIVE MAINTENANCE shall be prepared and submitted in an electronic format, clearly indicating the Purchase Order number, unit price, total work performed and correctly extended totals for each individual BID ITEM or separate item of work. An invoice format shall be submitted to the CONTRACT ADMINISTRATOR for approval. CONTRACTOR shall submit a fully itemized monthly bill to the CONTRACT ADMINISTRATOR, or designee. 3.03 In the event the CITY transfers title, maintenance responsibility, or changes service frequency of a portion thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted from the agreement and the CONTRACT sum shall be reduced accordingly. The CONTRACT ADMINISTRATOR may, at his discretion, add new elevators to be maintained and/or require additional services. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this CONTRACT based on a negotiated proposal. Proposal costs shall not exceed customary costs of similar equipment as submitted in the REQUEST FOR BIDS or as adjusted in accordance with subsequent amendments to the agreement. The CONTRACT ADMINISTRATOR shall notify the CONTRACTOR of additions, reductions or deletions of areas to be serviced in writing. DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC 4.00 ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. In addition to deductions stipulated in other sections of this agreement, the CONTRACT ADMINISTRATOR may enforce deductions in accordance with Section 4.00. 4.02 If, in the judgment of the CONTRACT ADMINISTRATOR, the CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADMINISTRATOR, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro-rata from the CONTRACTOR'S invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. The monthly INSPECTION RATING SYSTEM report shall constitute reason for any deductions so imposed. 4.03 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 5.00 INSPECTIONS, MEETINGS, & REPORTS 5.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of CONTRACT requirements and identifying deficiencies. 5.02 The CONTRACTOR or his authorized representative shall meet with the CONTRACT ADMINISTRATOR or his representative on each site at the discretion and convenience of the CONTRACT ADMINISTRATOR, for walkthrough inspections. All routine maintenance functions shall be completed prior to this meeting. 5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. 5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance under this CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the elevators. DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC 6.00 STATE PRELIMINARY ORDERS AND LICENSING 6.01 The CONTRACTOR shall assist the CITY with administering the fulfillment of requirements including composing written communications with the State regarding State Preliminary Orders and Licensing coordination with the State Division of Occupational Safety and Health by the dates set forth by the State in said notices. 6.02 The CONTRACTOR shall advise the CITY of required inspections, maintenance and repairs required to satisfy all regulating agencies requirements to insure uninterrupted services of the CITY'S elevators. 7.00 CONTRACTOR'S DAMAGES 7.01 All damages incurred to existing facilities by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, all at the CONTRACTOR'S expense. 8.00 COMMUNICATIONS AND EMERGENCY RESPONSE 8.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain two twenty-four (24) hour emergency telephone numbers, toll free to a San Diego region area code. For hours beyond a normal 8 a.m. to 4:30 p.m. business day, an answering service shall be considered an acceptable substitute. Answering machines are not acceptable. 8.02 All requests for emergency services shall require a qualified technician to be dispatched to the required location as soon as possible after notification; but in all cases within four (4) hours, to the satisfaction of the CONTRACT ADMINISTRATOR. If any emergency service request is not responded to in four (4) hours, the CONTRACT ADMINISTRATOR shall be notified immediately of the reason for not meeting the required response time followed by a written report to the CONTRACT ADMINISTRATOR within two (2) working days. 8.03 Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notify the CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by the CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount due to the CONTRACTOR. This deduction shall include a markup for administrative costs equal to fifteen (15) percent of the actual costs incurred. 8.04 The CONTRACTOR shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 8.05 CONTRACTOR'S supervisor shall carry cellular telephones with local San Diego region area code. Supervisor shall respond to any call from the CITY within thirty DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC (30) minutes at any time. 9.00 SAFETY 9.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the performance of his duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make annual inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. 9.02 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 10.00 HOURS AND DAYS OF SERVICES 10.01 The acceptable daily hours of services shall be 8:00 a.m. to 4:30 p.m., which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. 10.02 CONTRACTOR shall provide staffing to perform the required services during the prescribed hours as specified in these contract documents. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. 11.00 PREVENTATIVE MAINTENANCE SCHEDULES 11.01 The CONTRACTOR shall, within thirty (30) days after the award of bid of this CONTRACT, submit work schedules to the CONTRACT ADMINISTRATOR for review and approval. Said work schedules shall identify required operations and delineate the time frames for performance. A Routine Operations Schedule shall include all tasks required at the intervals required. The CONTRACTOR shall submit revised schedules when actual performance differs substantially from planned performance, and from time to time as requested by the CONTRACT ADMINISTRATOR. Said revisions shall be submitted to the CONTRACT ADMINISTRATOR for his review and approval, within five (5) working days prior to the original or revised scheduled time for the work, whichever is earlier. DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC 12.00 CONTRACTOR'S STAFF AND TRAINING 12.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 12.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and to pay for, background checks if required by the CONTRACT ADMINISTRATOR on all personnel providing elevator services for this contract. In the event such background check reveals an item, which Carlsbad Police deems a security problem, City may request that such individual be removed from the list of personnel authorized to provide services to the CITY. 12.03 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working. 12.04 CONTRACTOR shall have a "Local" representative with authority to contractually bind CONTRACTOR in matters, which may arise during this agreement performance period. "Local" in the context of this agreement is defined as the southern California metropolitan area consisting of San Diego, Orange, and Los Angeles or Riverside counties. CONTRACTOR shall provide, prior to commencement of work under this Agreement, in writing to the CONTRACT ADMINISTRATOR, a statement indicating by name the specific authority vested in the "Local" representative. CONTRACTOR'S "Local" representative shall be responsible for instructing and training of CONTRACTOR'S personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all services and functions to completely accomplish the work as required by this Agreement. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (8:00 a.m. to 5:00 p.m., Monday through Friday). 12.05 Each crew of CONTRACTOR'S employees shall include at least one individual who communicate effectively to the CONTRACT ADMINISTRATOR or to site staff during elevator services. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any site without other CONTRACTOR'S supervisory personnel present. 12.06 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of the public patronizing the premises. CONTRACTOR shall meet with representatives of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR'S employees will not be detrimental to the interest of the public patronizing the premises. 12.07 The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR’S personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnel is DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises. 12.08 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR'S company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. 13.00 NON-INTERFERENCE – NOISE 13.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 13.02 In the event that the CONTRACTOR'S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 14.00 DRUG AND ALCOHOL FREE WORKPLACE 14.01 The CITY is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. As a condition of this agreement, CONTRACTOR and CONTRACTOR'S employees shall assist meeting the requirements of this policy as set forth in the "City of Carlsbad Drug and Alcohol Use Policy" incorporated by reference herein. CONTRACTOR agrees that CONTRACTOR and CONTRACTOR'S employees, while performing services for the CITY, on CITY property, or while using CITY equipment will not be in possession of, use, or be under the influence of drugs or alcohol. CONTRACTOR has the duty to inform all employees or agents of CONTRACTOR that are performing service for CITY on CITY property or using CITY equipment of the CITY'S objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for CITY. CITY has the right to terminate, or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR'S employees are determined by the CONTRACT ADMINISTRATOR to have breached the provisions of Section 15 herein as interpreted and enforced pursuant to the provision of the "City of Carlsbad Drug and Alcohol Use Policy". 15.00 ASSIGNMENT OF CONTRACT 15.01 CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR. DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC 16.00 EXTRA WORK 16.01 The CITY may award Extra Work to the CONTRACTOR, or to other forces, at the discretion of the CONTRACT ADMINISTRATOR. New or unforeseen work will be classified as "Extra Work" when the CONTRACT ADMINISTRATOR determines that it is not covered by CONTRACT unit prices. Adjustment in payment for Extra Work shall be performed by agreement between the CONTRACT ADMINISTRATOR and the CONTRACTOR or on a NEGOTIATED PROPOSAL AND ACCEPTANCE basis in accordance with Section 17.00 or on a TIME AND MATERIALS basis in accordance with Section 18.00. 16.02 If the CONTRACT ADMINISTRATOR determines that the Extra Work can be performed by CONTRACTOR'S present work force, CONTRACT ADMINISTRATOR may authorize modification of the CONTRACTOR'S Routine Operations Schedule or Annual Calendar in order to compensate CONTRACTOR for performing said work. 16.03 Prior to performing any Extra Work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR’S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 16.04 In the event that CONTRACTOR'S proposal for Extra Work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS Basis. Invoices for EXTRA WORK on a TIME AND MATERIALS basis are subject to CONTRACTOR markup in accordance with the Vendor's Proposed Cost of Services chart. 16.05 When a condition exists which the CONTRACT ADMINISTRATOR deems urgent, the CONTRACT ADMINISTRATOR may verbally authorize the work to be performed upon receiving a verbal estimate from the CONTRACTOR. However, within twenty-four (24) hours after receiving a verbal authorization, the CONTRACTOR shall submit a written estimate, consistent with the verbal authorization, to the CONTRACT ADMINISTRATOR for approval. 16.06 All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 17.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 17.01 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negotiated agreement between the CITY and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with the Vendor's Proposed Cost of Services chart. DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC 17.02 Prior to performing any work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 17.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 18.00 TIME AND MATERIALS 18.01 In the event that the CONTRACT ADMINISTRATOR determines that work requested is of an unknown duration, not easily quantified or the CONTRACTOR'S proposal for work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS basis. 18.02 The CONTRACT ADMNISTRATOR may direct CONTRACTOR to proceed by allowing him/her to use the following rates or percentages as added costs for the markup of all overhead and profits: 1) Labor…….As Stipulated in Vendor's Proposed Cost of Services chart. 2) Materials…As Stipulated in Vendor's Proposed Cost of Services chart. 3) Equipment Rental…….15% 4) Other Items and Expenditures....15% Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the Labor Surcharge and Equipment Rental Rates published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the CONTRACTOR and subcontractor, if any. The labor surcharge rates published therein are not a part of this contract." 18.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC APPENDIX “C” CITY OF CARLSBAD ELEVATOR MAINTENANCE SERVICES PREVENTATIVE MAINTENANCE FREQUENCIES AND EQUIPMENT LIST MAINTENANCE QUALITY STANDARDS MAINTENANCE THEORY Quality maintenance includes all the necessary tasks required to keep equipment in a safe and dependable operation. Scheduled routine preventative maintenance on vertical transportation equipment will not only prolong the life of the equipment, but will greatly reduce the overall outlay of financial resources by both the owner and the elevator company. Eventually all equipment will wear out or be replaced by new technology. However, the elevator contractor has a responsibility to maximize the life of the equipment and safety of each passenger. APPEARANCE MACHINE ROOMS: The machine rooms and secondary space floors and equipment are to be painted, kept free of dust, lint, oil residue, carbon dusts and debris. Code authorities prohibit the storage of equipment and parts not relative to the operation and maintenance of the elevators in the machine rooms. Spare elevator parts, lubricants and wiring diagrams will be kept orderly in storage cabinets provided for the job by the elevator contractor. Metal rag pails with covers will be provided for the storage of clean rags only. All waste materials will be removed for the area immediately and disposed of properly. Up to date service charts, callback logs, Fire Service Logs, and Material Data Sheets will be readily accessible. All chemicals must be properly labeled. Equipment room doors shall be self-closing and self-locking, and these rooms shall be kept locked to prevent unauthorized access. HOISTWAY, PIT, AND CAR TOPS: These areas must be kept free of debris and accumulation of storage of materials such as parts, lubricants, etc. Pits shall be maintained in a reasonably dry condition as directed by local code authorities. Oil spills shall be cleaned up immediately or reported to the area supervisor. Water in pit areas shall be documented and reported to the Operations Department and the Area Supervisor. All covers shall be secured in place. Cleaning these areas will be performed in accordance with the contractor's maintenance guide. CAB ENCLOSURE: All covers and accessory boxes shall be secured in place and if lockable, locked at all times. All fastenings and screws will be secured and tightened. Missing screws shall be replaced. Car Operating Panels, Indicators and markings shall be maintained as installed. Defaced components will be reported to the Operations Department and the Area Supervisor. SAFETY Safety awareness is of the utmost importance when working on elevator equipment, not only for the mechanic and the riding public but also the casual observer who may wander into a work area unannounced. Barricades, proper tools and safety equipment will be proved by the elevator contractor to minimize risk of exposure to danger to employees and public. Under no circumstances should work be performed in unbarricaded, open hoist ways. If continuous work is performed, hoist way doors should be closed when the DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC City Attorney Approved Version 6/12/18 20 immediate area unattended. Strict adherence to the lock out tag out procedure shall be enforced. All safety devices and circuits shall operate as intended. They shall not be overridden and must operate in compliance with applicable codes. Unsafe equipment or conditions will be corrected or reported to the proper personnel immediately. Under no circumstances shall unsafe equipment be put into operation. Periodic c=checks will be performed to ensure proper operation of all safety devices. Lighting in the work areas shall be sufficient so as not to endanger maintenance personnel. Unique or adverse job conditions and deviation for the prevailing codes with respect to the elevator spaces or work areas shall be documented and discussed with the area supervisor and the Operations Department. Environmental conditions must be suitable for the safe operation of equipment by the public and company employees. Adjustments to the operating systems, which may affect the safety of passengers, shall not be made while the passengers have access to riding the elevators. Doors should be disabled and/or barricades affixed to prevent use during adjustment. DOOR OPERATION Doors shall be smooth, quiet and positive without noticeable bumps. Car and hall door rollers and gobs will be replaced and hangar tracks cleaned when required. Up thrusts will be adjusted and door alignment check periodically to ensure proper operation and adherence to code clearance requirements. Consistent operation shall be maintained from floor to floor and with similar cars in a group. The doors will be maintained per the speed, force, and time adjustments specified by the manufacturer or enforced by the local code authority. An annual check of horizontal power operated doors shall be made to ensure that the force necessary to prevent the closing of the doors does not exceed 30 pounds. Particular attention shall be paid to reopening features and safety devices such as door open buttons, safety edges, photocells, detector edges, nudging and other related features, which shall be maintained as installed and checked during each visit to the site. Door pre-opening should be eliminated when possible. Modifications to the existing equipment must be approved by the area supervisor. CAR RIDE The initial car ride is predicated upon the speed control design and its associated acceleration/deceleration pattern; however, the ride quality must include a condition free of excessive sway and rattle, door shimmy, hoist way noises and unusual conditions experienced within the cab during transit. The car ride should be consistent and where applicable, smooth. Inherent noise generated by elevator equipment maintained within normal limits and corrected accordingly when the noise level exceeds those limits. Floor levels are a product of the supplied equipment, ambient conditions and usage. Many modern traction systems employ closed loop design and distance measuring devices to precisely track the location of the car to within ¼”. Older systems however require continuous monitoring DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC City Attorney Approved Version 6/12/18 21 and adjustment. Leveling accuracy must be checked each visit and adjustments made to guarantee the optimum floor level. Unusual conditions or intermittent failures should be corrected immediately or reported to the area supervisor. The condition of speed control devices shall be checked periodically to ensure proper operation. Under no circumstances shall a car be left running with a potential tripping hazard. POWER UNITS Hydraulic power units will be kept clean and painted for ease of maintenance and housekeeping. Leaks shall be properly sealed when detected. Oil levels, valve operation, shall be maintained to ensure safe, reliable operation. All components will be maintained in accordance with the elevator company’s guidelines at the prescribed intervals. CONTROLLERS AND OTHER EQUIPMENT Controllers and other operational apparatus will be kept clean, properly lubricated and adjusted as required; relays and contactors shall be kept clean and operating without excessive arc. All electrical connections shall be tight, taped and tagged when not in use. Coils, contacts, relays, and resistors showing signs of deterioration shall be repaired or replaced as necessary. Care must be exercised when handling printed circuit boards. Proper grounding is necessary when handling some versions of solid-state boards. Stock of additional boards shall be available locally or have access to spares for overnight delivery. ROUTINE PREVENTATIVE MAINTENANCE INITIAL • Program emergency telephone to direct dial the elevator contractor’s dispatch service. • Install lockbox with machine room door key at each elevator machine room doorway. • Place approved “Duty” checklist in the mechanical room. ON EACH VISIT • Check in with the building management. Note and correct all complaints. • Ride all cars and check for unusual operation and noises. Pay particular attention to door operation and leveling. Doors should be smooth quiet and positive, without noticeable bumps. Correct any malfunctions observed. • Replace/repair non-functional signal devices. • Check emergency communications devices. • Check door protection devices. Correct any malfunctions. • Have building management sign service ticket when complete with all work. MONTHLY • Thoroughly clean machine room equipment. Wipe dust from inside and top of control panels. Sweep or mop floors. • Check oil level in reservoir and mark on maintenance schedule. DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC City Attorney Approved Version 6/12/18 22 • Check valve, pump and plumbing for oil leaks. Remove accumulation of oil from recovery pans. • Examine drive belts for wear and tension. Visually check sheaves and bushings. • Check starter contacts, overload heaters and connections. • Check main piston packing for leaks and wear. Wipe excess lint from packing head. Recycle the oil recovery device Check the return lines. • Test the Fire Service System key switches to determine conformance. • Test elevator car emergency alarm bell and lighting to ensure it is operable as intended. Repair and replace batteries as needed. • Report findings in the logbook kept in the machine room. QUARTERLY • Inspect car door operator. Adjust belts and/or chains as necessary. Lubricate bearings and pivot points. Apply lubricant to phenolic or micarta cams. • Clean car gate switch and main landing door interlock contacts. Adjust as required. Maintain code requirements for settings. • Inspect leveling units. • Clean, adjust and lubricate car and main landing door hangers and tracks. Check and adjust up thrusts. Inspect door alignment and adjust as required. • Clean adjust and lubricate car door clutch or bayonet assembly. • Dust debris from mechanism located on hoist way side of car and main landing doors and sills. • Clean pit and pit equipment. Report any abnormal conditions such as the presence of water. • Inspect, clean and lubricate selector tail sheaves if present. • Lubricate guide rails if slipper shoes are present. • Pull mainline disconnect switch. Inspect and clean controller. Check power and supervisory relays, shunts and contacts. Operate each relay manually and check for contact wipe and binding. Replace any contact, shunt, spring or spring retainer which shows an indication of excessive wear. Replace controller filters. Check operation of muffin fans if present. • Clean carbon dust accumulation from crossbars. • Replace contacts and switches as required. ANNUALLY • Clean hoist way. • Clean, lubricate and adjust hoist way door equipment. Burnish door interlock contacts and shorting bars. Replace worn parts as necessary. • Check for abrasions or wear on traveling cables. • Inspect cab enclosure steadying devices. • Check and adjust car door pressure and speed. Log on maintenance chart. • Check car and main landing door gibs. Replace if worn. • Tighten mainline connections and check fuse sizing. Replace any fuses that appear damaged or unmarked. • Clean and check controller fuses and fuse holders. Ascertain that the proper fuse is installed. Replace any fuses that appear damaged or unmarked. DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC City Attorney Approved Version 6/12/18 23 • Check machine room door’s self-closer. Report issues to the contract administrator. CODE ITEMS AND ADDITTIONAL CODE TESTING • No additional compensation will be made for the following items. The cost for the following items shall be incorporated in the monthly charges for each elevator car location. o In tandem with the City of Carlsbad fire alarm vendor, test fire and emergency power system to determine conformance. o Activate Fireman’s return. o Provide and replace any faded signage. o Test relief valve. o Perform pressure / load test. o Perform other tests required by local code authorities. DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F PSA21-1439FAC City Attorney Approved Version 6/12/18 24 Appendix “C” (Continued) Locations and Hours of Operations Item No. Description and Location Operating Hours 1. COLE LIBRARY 1250 Carlsbad Village Drive M-Th: 9 a.m. – 9 p.m. F: 9 a.m. – 5 p.m. S & S: 1 p.m. - 5 p.m. 2. Police & Fire Headquarters 2560 Orion Way M-F: 7 a.m. – 2:30 p.m. 3. FARADAY CENTER 1635 Faraday Ave M- Th: 7:30 a.m. – 5:30 p.m. F: 8 a.m. – 5 p.m. 4. DOVE LIBRARY 1775 Dove Lane M-Th: 9 a.m. – 9 p.m. F: 9 a.m. – 5 p.m. S & S: 1 p.m. - 5 p.m. 5. SENIOR CENTER 799 Pine Ave M-F: 8 a.m. – 5 p.m. Sat: 9 a.m. – 5 p.m. 6. LIBRARY LEARNING CENTER 3368 Eureka Place M-Th: 9 a.m. – 9 p.m. F: 9 a.m. – 5 p.m. Sun: 1 p.m. - 5 p.m. 7. SAFTEY TRAINING CENTER 5750 Orion St M-F: 7 a.m. – 2:30 p.m. 8. PINE COMMUNITY CENTER 3209 Harding St M – F: 8 a.m. – 10 p.m. S & S: 8 a.m. – 5 p.m. DocuSign Envelope ID: 5C32A5FD-CFEA-41F7-95F4-AD08FFC8D18F ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD Copyright, ISO Properties, Inc., 2012 CG 20 10 (Ed. 04/13)(Page 1 of 2) CG 20 10 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional InsuredPerson(s) or Organization(s)Location(s) of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) ororganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage"or "personal and advertising injury" caused, in whole or in part, by: 1.your acts or omissions; or 2.the acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the Additional Insured(s) at the location(s) designated above. However; 1.the insurance afforded to such additional insured only applies to the extent permitted by law; and 2.if coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these Additional Insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.all work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s)at the location of the covered operations has been completed; or Any person or organization that you are required and agreed to name as an additional insured on your policy under: 1. A written contract or agreement that is in effect during the term of thispolicy and such contract is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury"; or,2. An oral contract or oral agreement with a person or organizationwhen a certifiicate of insurance showing that person or organization as anAdditional Insured has been issued; and such oral contract or oral agreement is in effect during the term of this policy and is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury". Any location within the "coverage territory" Copyright, ISO Properties, Inc., 2012 CG 20 10 (Ed. 04/13)(Page 2 of 2) 2.that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III - LIMITS Of INSURANCE: If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance: 1.required by the contract or agreement; or 2.available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Copyright, ISO Properties, Inc., 2012 CG 20 37 (Ed. 04/13)(Page 1 of 2) CG 20 37 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES ORCONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule Name of Additional Insured Location and Description of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) ororganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "propertydamage" caused, in whole or in part, by "your work" at the location designated and described in the Scheduleof this endorsement performed for that Additional Insured and included in the "products-completedoperations hazard." However: 1.the insurance afforded to such additional insured only applies to the extent permitted by law; and 2.if coverage provided to the Additional Insured is required by a contract or agreement, the insuranceafforded to such additional insured will not be broader than that which you are required by the contractor agreement to provide for such additional insured. B.With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III -LIMITS OF INSURANCE: If coverage provided to the Additional Insured is required by a contract or agreement, the most we will payon behalf of the Additional Insured is the amount of insurance: 1.required by the contract or agreement; or Person(s) or Organization(s)Any person or organizationthat you are required and agreed to name as as an additional insured on your policy under: 1. A written contract or agreement that is in effect during the term of thispolicy and such contract is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury"; Or,2.An oral contract or an oral agreement with a person or organizationwhere a certificate of insurance showing that person or organization as an Additional Insured has been issued; and such oral contract or oral agreement is in effect during the term of this policy and such contract is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury"; Any location within the "coverage territory", and for all completed operations Copyright, ISO Properties, Inc., 2012 CG 20 37 (Ed. 04/13)(Page 2 of 2) 2.available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELEVATOR CONTRACTOR PLUS ENDORSEMENT Primary and Non-Contributory Additional Insured Extension This endorsement modifies insurance provided under the following: COMMON POLICY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART Section Extracted from Endorsement CG 90 53 (Ed. 04/16) K. Primary and Non-Contributory Additional Insured Extension This provision applies to any person or organization who qualifies as an Additional Insured under any form or endorsement under this Policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a.The following is added to Paragraph a. Primary Insurance: This insurance is primary to and will not seek contribution from any other insurance available to an Additional Insured under your policy provided that: (1)the Additional Insured is a Named Insured under such other insurance; and (2)you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. Policy Number: GLP195881801 - - WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD Copyright, ISO Properties, Inc., 2012 CG 20 10 (Ed. 04/13)(Page 1 of 2) CG 20 10 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional InsuredPerson(s) or Organization(s)Location(s) of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) ororganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage"or "personal and advertising injury" caused, in whole or in part, by: 1.your acts or omissions; or 2.the acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the Additional Insured(s) at the location(s) designated above. However; 1.the insurance afforded to such additional insured only applies to the extent permitted by law; and 2.if coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these Additional Insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.all work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s)at the location of the covered operations has been completed; or Any person or organization that you are required and agreed to name as an additional insured on your policy under: 1. A written contract or agreement that is in effect during the term of thispolicy and such contract is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury"; or,2. An oral contract or oral agreement with a person or organizationwhen a certifiicate of insurance showing that person or organization as anAdditional Insured has been issued; and such oral contract or oral agreement is in effect during the term of this policy and is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury". Any location within the "coverage territory" Copyright, ISO Properties, Inc., 2012 CG 20 10 (Ed. 04/13)(Page 2 of 2) 2.that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III - LIMITS Of INSURANCE: If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance: 1.required by the contract or agreement; or 2.available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Copyright, ISO Properties, Inc., 2012 CG 20 37 (Ed. 04/13)(Page 1 of 2) CG 20 37 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES ORCONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule Name of Additional Insured Location and Description of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) ororganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "propertydamage" caused, in whole or in part, by "your work" at the location designated and described in the Scheduleof this endorsement performed for that Additional Insured and included in the "products-completedoperations hazard." However: 1.the insurance afforded to such additional insured only applies to the extent permitted by law; and 2.if coverage provided to the Additional Insured is required by a contract or agreement, the insuranceafforded to such additional insured will not be broader than that which you are required by the contractor agreement to provide for such additional insured. B.With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III -LIMITS OF INSURANCE: If coverage provided to the Additional Insured is required by a contract or agreement, the most we will payon behalf of the Additional Insured is the amount of insurance: 1.required by the contract or agreement; or Person(s) or Organization(s)Any person or organizationthat you are required and agreed to name as as an additional insured on your policy under: 1. A written contract or agreement that is in effect during the term of thispolicy and such contract is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury"; Or,2.An oral contract or an oral agreement with a person or organizationwhere a certificate of insurance showing that person or organization as an Additional Insured has been issued; and such oral contract or oral agreement is in effect during the term of this policy and such contract is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury"; Any location within the "coverage territory", and for all completed operations Copyright, ISO Properties, Inc., 2012 CG 20 37 (Ed. 04/13)(Page 2 of 2) 2.available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELEVATOR CONTRACTOR PLUS ENDORSEMENT Primary and Non-Contributory Additional Insured Extension This endorsement modifies insurance provided under the following: COMMON POLICY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART Section Extracted from Endorsement CG 90 53 (Ed. 04/16) K. Primary and Non-Contributory Additional Insured Extension This provision applies to any person or organization who qualifies as an Additional Insured under any form or endorsement under this Policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a.The following is added to Paragraph a. Primary Insurance: This insurance is primary to and will not seek contribution from any other insurance available to an Additional Insured under your policy provided that: (1)the Additional Insured is a Named Insured under such other insurance; and (2)you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. Policy Number: GLP195881801 - - WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY