Anaheim City Council
August 26, 2025

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

CONTRACT NUMBER MA# 106-498542

BETWEEN

CITY OF ANAHEIM
AND
FUJITEC AMERICA, INC.

FOR

VERTICAL TRANSPORTATION EQUIPMENT PREVENTATIVE MAINTENANCE AND

REPAIRS

This Agreement MA#106-498542 for Vertical Transportation Equipment Preventative Maintenance and Repairs, (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the City of Anaheim, a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter City of Anaheim, (hereinafter referred to as “City”), with a place of busine ss at 200 S. Anaheim Blvd, Suite 620, Anaheim, CA 92805 and FUJITEC AMERICA, INC., (hereinafter referred to as “Contractor”), with a place of business at 12170 Mora Drive Unit# 1 Santa Fe Springs CA 90670, with City and Contractor sometimes individually referred to as “Party”, or collectively referred to as “Parties”.

ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:

Attachment A – Scope of Work and Specifications
Attachment B – Pricing, Payment and Compensation

RECITALS

WHEREAS, the City of Anaheim issued an Invitation for Bids (IFB)#515-287487-AH for Vertical Transportation Equipment Preventative Maintenance on 2/28/2025; and WHEREAS, the Contractor responded to the IFB for Vertical Transportation Equipment Preventative Maintenance, and represented that its proposed services shall meet or exceed the requirements of the IFB; and,
WHEREAS, the City desires to enter into a Master Agreement, hereinafter referred to as “Contract” for Vertical Transportation Equipment Preventative Maintenance and Repairs with the Contractor as further set forth in this Contract and subsequent attachments effective on the date of execution for an initial term of three (3) years with the City having the option to request renewals for up to four (4) additional one year periods; and,
WHEREAS, the Contractor agrees to provide Vertical Transportation Equipment Preventative Maintenance and Repairs based on the Scope of Work, attached hereto as Attachment A; and

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

WHEREAS, the City agrees to pay Contractor based on the schedule of fees set forth in Pricing, Payment, and Compensation, attached hereto as Attachment B; and, NOW, THEREFORE, the Parties mutually agree as follows:

ARTICLES

I. General Terms and Conditions:

A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another County.

B. Entire Contract: This Contract contains the entire Contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any City employee or agent, including but not limited to installers of software, shall not be valid or binding on City unless accepted in writing by City’s Purchasing Agent or designee.

C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing.

D. Taxes: Unless otherwise provided herein or by law, price quoted includes California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment.

E. Delivery: Timely completion of the Vertical Transportation Equipment Preventative Maintenance and Repairs is of the essence in this Contract. City reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind City to accept future shipments nor deprive it of the right to return commodities already accepted at Contractor’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all commodities or services have been received and accepted in writing by City.

F. Acceptance Payment: Unless otherwise agreed to in writing by City, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of City, and 2) payment shall be made in arrears after satisfactory acceptance.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

G. Warranty: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold City and its indemnities as identified in Article “Z” harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by City by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non - compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.

H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and hold City and City Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.

I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of City. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of City shall be invalid and shall constitute a breach of this Contract.

J. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.

K. Termination: In addition to any other remedies or rights it may have by law, City has the right to immediately terminate this Contract without penalty for cause or after 7 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Contractor. Exercise by City of its right to terminate Contract shall relieve City of all further obligation.

L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

M. Independent Contractor: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of City. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through City.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

N. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to City’s satisfaction . Contractor shall be responsible for the professional quality, technical assurance, timely completion, and coordination of all documentation and other commodities/services furnished by Contractor under this Contract.

Contractor shall perform all work dilige ntly, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of City required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

O. Bonding and Insurance Requirements: Some procurements may require bonding and/or insurance. Specific requirements will be stated in the applicable bid documents. In the event bonding is required, bonds shall be submitted in a form acceptable to the City (samples will be included in the documents). Checks or letters of credit will not be accepted in lieu of bonding.

When work will be performed on City property, the City’s standard insurance requirements (shown below) will apply, unless otherwise indicated in the bid specifications.

Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor’s Liability, in an amount not less than $2,000,000 per occurrence/$4,000,000.00 Aggregate. Such insurance shall be written on a primary basis and may include a deductible or self-insurance retention (SIR) of more than $10,000 per occurrence or claim, provided that such deductible or SIR is disclosed to City, in writing, at the inception of this Contract and approved by the City’s Risk Manager.

Commercial Automobile Liability Coverage, as required by California law, including—as applicable—owned, non-owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit. Such insurance shall be written on a primary basis and may include a deductible or self-insurance retention of more than $10,000 per occurrence, provided that such deductible or SIR is disclosed to City, in writing, at the inception of this Contract and approved by the City’s Risk Manager.

Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000. This requirement may be satisfied by execution of a waiver confirming exemption from the California workers compensation statutory requirements if there are no statutory employees.

Professional Liability Insurance in an amount not less than $2,000,000 and CONTRACTOR shall maintain such coverage for at least one (1) year from the termination of this Contract. Such insurance shall be written on a primary basis, but may include a deductible or self-insured retention of more than $10,000 per occurrence, provided that such deductible is disclosed to the City, in writing, at the inception of this Contract.

CONTRACTOR is responsible for the payment and satisfaction of any applicable deductible or self-insured retention (SIR).

City of Anaheim to be named as Additional Insured. CONTRACTOR agrees not to voluntarily materially alter or cancel the terms and conditions of the coverage herein above without providing thirty (30) days’ notice to the City, CONTRACTOR agrees to provide ten (10) days notice for City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

cancelation for non-payment of premium. Insurance policies to be in a form and written through companies acceptable to the City.

Insurance certificates should state:

City of Anaheim
Attn: Purchasing Division
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Insurance certificates should be emailed to [email protected]

P. Changes: Contractor shall make no changes in the work or perform any additional work without City’s specific written approval.

Q. Change of Ownership/Name, Litigation Status, Conflicts with City Interests: Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and City agrees to an assignment of Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of City.

City reserves the right to immediately terminate Contract in the event City determines that the assignee is not qualified or is otherwise unacceptable to City for the provision of services under Contract.

In addition, Contractor has the duty to notify City in writing of any change in Contractor’s status with respect to name changes that do not require an assignment of Contract. Contractor is also obligated to notify City in writing if Contractor becomes a party to any litigation against City, or a party to litigation that may reasonably affect Contractor’s performance under Contract, as well as any potential conflicts of interest between Contractor and City that may arise prior to or during the period of Contract performance. While Contractor will be required to provide this information without prompting from City any time there is a change in Contractor’s name, conflict of interest or litigation status, Contractor must also provide an update to City of its status in these areas whenever requested by City.

Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with City interests. In addition to Contractor, this obligation shall apply to Contractor’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. Contractor’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers in the performance of their duties.

R. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to City within 36 hours of the start of the delay and Contractor avails himself of any available remedies.

S. Confidentiality: Contractor agrees to maintain the confidentiality of all City and City- related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees. Confidential Information” means, with respect to a Party hereto, all information or material which either (1) is marked or identified as “Confidential,” “Restricted,” or “Proprietary Information” or other similar marking or identification, or (2) the other Party knew, as recipient, or under the circumstances, should have known, was considered confidential or proprietary by the Disclosing Party (as defined below). Confidential Information shall consist of all information, whether in written, oral, electronic, or other form, furnished in connection with this Contract by the Disclosing Party or its Representatives (“Representative” is defined as any elected and appointed officials, affiliate, director, officer, employee, agent, advisor or Contractor of a Party or any of its subsidiaries or affiliates) to the Receiving Party (as defined below) or to its Representatives, and specifically includes but is not limited to the City’s individually identifiable customer information, and the City’s customer usage da ta and financial data. Contractor and City shall each hold the other’s Confidential Information in confidence. Neither Party shall make the other's Confidential Informatio n available in any form to any third party or use the other's Confidential Information for any purpose other than as specified in this Contract. The Party providing Confidential Information (“Disclosing Party”) to the other Party (“Receiving Party”) shall remain the sole owner of such information. Except as provided elsewhere within this Contract, nothing contained in this Contract shall be construed as granting or conferring any right or license in any Confidential Information or in any patents, copyrights, software or other technology, either expressly or by implication to the Receiving Party, or to its Representatives or to others. The term Confidential Information shall not include any of the following: (1) information already in possession of, or already known to, the Receiving Party as of the Effective Date without an obligation of confidentiality; (2) information in the public domain at the time of the disclosure, or which, after such disclosure, enters into the public domain through no breac h of this Contract by the Receiving Party or its Representative(s); (3) information lawfully furnished or disclosed to the Receiving Party by a non- party to this Contract without any obligation of confidentiality and through no breach of this Contract by the Receiving Party or its Representative(s); (4) information independently developed by the Receiving Party without use of any Confidential Information of the Disclosing Party; or (5) information authorized in writing by the Disclosing Party to be released from the confidentiality obligations herein. By virtue of this Contract, each Party hereto may disclose to the other Party information that is Confidential Information. This Contract does not diminish, revoke or supersede any existing confide ntiality, non-disclosure or similar agreement between the Parties that does not pertain to the subject matter of this Contract. However, any Confidential Information, whether or not previously disclosed, that pertains to the subject matter of this Contract shall be governed by the terms of this Section which shall supersede any such previous agreement with respect to such Confidential Information and any Confidential Information relating to the subject matter of this Contract that was exchanged under such previous agreement it shall be treated as though it was exchanged under this Contract as of the date of such exchange. The Receiving Party will treat all Confidential Information of the Disclosing Party, no matter written, electronic, or oral, as confidential and proprietary, and the Receiving Party shall only use such information in furtherance of this Contract. As such, the Receiving Party shall hold in confidence the Confidential Information of the Disclosing Party, and ensure that such Confidential Information is not disclosed to any other person or entity, except as expressly permitted by this Contract or as
authorized in writing by the Disclosing Party. Receiving Party shall not disclose Confidential Information of the Disclosing Party received under this Contract to any person other than its Representatives who require knowledge of such Confidential Information in furtherance of this Contract. The Receiving Party shall inform its Representatives of the confidential nature of the Confidential Information of the Disclosing Party and advise such Representatives of the limitations on the use and disclosure and prohibition on making copies or summaries of such Confidential Information. The Receiving Party shall be responsible for any breach of this Contract by its Representatives. Neither Party shall use the Confidential Information of the other Party for any commercial purpose. If the Receiving Party becomes legally compelled City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

(by oral questions, interrogatories, request for information or documents, subpoena, civil investigative demand, or similar process) to disclose any Confidential Information of the Disclosing Party or is requested Confidential Information pursuant to the California Public Records Act or similar law, the Receiving Party will provide the Disclosing Party with written notice of such an occurrence (if so permitted) as soon as possible. Thereafter, at its sole costs and expense, the Disclosing Party may seek a p rotective order or other appropriate remedy, or waive compliance with the provisions of this Contract. So long as it is consistent with applicable law, the Receiving Party will not oppose action by, and the Receiving Party will cooperate with, the Disclosing Party, at the Disclosing Party’s sole cost and expense, to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information. If the Disclosing Party fails to obtain such protective order or other remedy, or if the Disclosing Party waives compliance with the requirements of the preceding sentence, the Receiving Party will disclose only that Confidential Information that it is legally required to disclose, and will exercise commercially reasonable efforts, at Disclosing Party’s expense, to obtain reliable assurance that confidential treatment will be accorded the Confidential Information so disclosed. In the event the Receiving Party discloses, disseminates or releases any Confidential Information, except as expressly permitted by this Contract, such disclosure, dissemination or release will be deemed a material breach of this Contract and the Disclosing Party may d emand prompt return of all Confidential Information previously provided to the Receiving Party. As soon as the Receiving Party becomes aware that it has made an unauthorized disclosure of Confidential Information, the Receiving Party shall take any and all necessary actions to recover the improperly disclosed Confidential Information and immediately notify Disclosing Party regardi ng the nature of the unauthorized disclosure and the corrective measures being taken. Each Party agrees that any breach of their confidentiality obligations could cause irreparable harm to the other Party, the amount of which would be extremely difficult to estimate. Accordingly, it is understood and agreed that monetary damages would not be a sufficient remedy for a ny material breach of this Contract and that specific performance and injunctive relief in addition to monetary damages shall be appropriate remedies for any breach or any threat of such breach. The provisions of this Paragraph are in addition to any other legal rights or remedies the Disclosing Party may have. Within two (2) weeks of the termination of this Contract, Contractor will return to City any and all Confidential Information, including all originals, copies, translations, transcriptions or any other form of Confidential Information, without retaining any copy or duplicate thereof; provided that Contractor may retain Confidential Information contained on backup media created in the ordinary course of business provided further that there is no effort to access such Confidential Information and Contractor's confidential obligations with respect to such information shall continue so long as such information is retained. Contractor shall certify in writing the destruction of the Confidential Information. City may perform an audit of Contractor’s records to confirm the return or destruction of the Confi dential Information. City shall have this audit right for three (3) years after the termination of this Contract. Notwithstanding the termination of this Contract, this Confidentiality Section shall survive the expiration or earlier termination of this Contract.

T. Compliance with Laws: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, b ut not limited to those issued by City in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by City. Contractor acknowledges that City is relying on Contractor to ensure such compliance, and pursuant to the requirements of paragraph “Z” below, Contractor agrees that it shall defend, indemnify and hold City and City Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

U. Freight: Prior to City’s express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.

V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each Party shall bear their own attorney’s fees, costs and expenses.

X. Interpretation: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each Party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Contract.

Y. Employee Eligibility Verification: Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Contractor shall obtain from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Contractor or City or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.

Z. Hold Harmless and Indemnification: Contractor agrees to indemnify, defend and hold harmless the City (including its officers and employees) from and against any and all claims of any kind or nature presented against the City arising out of Contractor’s (including Contractor’s employees, representatives, products, and subcontractors) performance under any purchase order or agreement, excepting only such claims, costs, or liability arising out of the sole negligence of the City.

The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether the City, Contractor, or any other person or entity maintains or fails to maintain insurance coverage or a self-insurance program, for any such Claim(s); and (ii) shall survive the termination of this Contract.

AA. Audits/Inspections: Contractor agrees to permit the City’s authorized representative (including auditors from a private auditing firm hired by City) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. City will provide reasonable notice of such an audit or inspection. City reserves the right to audit and verify Contractor’s records before final payment is made.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to City to audit records and interview staff of any subcontractor related to performance of this Contract.

Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to City’s project manager.

BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon budget approval for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Contract without penalty.

CC. California Public Records Act: Contractor and City agree and acknowledge that all information and documents related to the award and performance of this Contract may be subject to disclosure pursuant to the California Public Records Act, California Government Code Section 7920.000 et seq. Contractor shall not respond to any California Public Records Act request directed at City; all responses shall be handled by City.

DD. Responsibility for Damages and Injury: City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor’s performance of the services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor’s work on the Project, or the work of any subcontractor or supplier selected by the Contractor. Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as s oon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project work. The rights and obligations set forth in this Section shall survive the termination of this Contract.

EE. Performance of Services: Contractor is responsible for keeping the City Project Manager (CPM) and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired. Contractor agrees to work close ly and cooperate fully with City’s designated CPM and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. Contractor shall keep City’s property free from undue accumulation of waste and rubbish caused by Contractor’s performance of the Services, and Contractor shall remove all debris resulting from the work from City’s property at the end of each day’s work. Contractor shall limit its storage of materials and equipment on City’s property to areas designated by City. Concurrently with execution of this Contract, City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

Contractor shall deliver to City a labor and material bond and a performance bond in the sum of the Base Monthly Rate calculated on an annual basis, in the form provided by the City Attorney.

The bonds shall contain the original notarized signature of an a uthorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. Except as otherwise provided in this Section, the bonds shall be unconditional and remain in force during the Initial Term of the Contract and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Contract. City’s Purchasing Agent, in his/her sole discretion, may waive the performance bonds for Initial Term. Project Manager will provide Contractor at least thirty (30) days written notice prior to the end of the Initial Term of its decision to waive the performance bond for the Renewal Term or require it.

FF. City’s Right to Employ Other Contractors : Contractor acknowledges and agrees that this Contract and the provision of services hereunder are nonexclusive, and that City may enter into similar contracts with other entities for the provision of similar services.

GG. Integrated Contract: This Contract and the Attachments hereto contain the entire Contract of City and Contractor with respect to the matters covered hereby, and no agreement, statement or promise made by either City or Contractor which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any matters covered hereby shall be effective for any purpose.

HH. Remedies Cumulative: The remedies given to City and Contractor herein shall be cumulative and are given without impairing any other rights given City or Contractor by statute or law now existing or hereafter enacted and the exercise of any one (1) remedy by City or Contractor shall not exclude the exercise of any other remedy.

Additional Terms and Conditions:

1. Scope of Contract: This Contract specifies contractual terms and conditions by which City will procure Vertical Transportation Equipment Preventative Maintenance and Repairs from the Contractor as further detailed in the Scope of Work, identified and incorporated herein by t his reference as “Attachment A”.

2. Term of Contract: This Contract shall commence upon execution of all necessary signatures for an initial term of three (3) years with the City having the option to request renewals for up to four (4) additional one-year periods, unless otherwise terminated by City.

3. Adjustments – Scope of Work: No adjustments made to the Scope of Work will be authorized without prior written approval of the Purchasing Agent or designee.

4. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Contractor shall promptly procure its release and, in accordance with the requirements of paragraph “Z” above, indemnify, defend, and hold City harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.

5. Changes in Specifications: No changes shall be made in the specifications unless authorized by the City.

The City shall have the right to make reasonable changes at any time, if not cost is City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

associated with those changes, including drawings that are a part thereof or made a part thereof by reason of the changes.

6. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.

7. Americans with Disabilities Act (ADA): Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment oppor tunities, and services must be made available to all persons, including persons with disabilities.

8. Authorization Warranty: The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority.

9. Breach of Contract: The failure of Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event City may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Terminate Contract immediately, pursuant to Article K herein; and

b. Afford Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; and c. Discontinue payment to the Contactor for and during the period in which Contractor is in breach; and

d. Offset against any monies billed by Contractor but unpaid by City those monies disallowed pursuant to the above.

10. Conflict of Interest – Contractor’s Personnel: Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of City. This obligation shall apply to Contractor; Contractor’s employees, agents, and subcontractors associated with accomplishing work and services hereunder. Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its emplo yees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of City.

11. Conflict of Interest – City Personnel: City Council policy prohibits its employees from engaging in activities involving a conflict of interest. Contractor shall not, during the period of this Contract, employ any City employee for any purpose.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

12. Contractor’s Project Manager and Key Personnel: Contractor shall appoint a Project Manager to direct Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by City and shall not be changed without the written consent of City’s Project Manager, which consent shall not be unreasonably withheld.

Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project timelines. City’s Project Manager shall have the right to require the removal and replacement of Contractor’s Project Manager from providing services to City under this Contract. City’s Project Manager shall notify Contractor in writing of such action. Contractor shall accomplish the removal within five (5) business days after written notice by City’s Project Manager. City’s Project Manager shall review and approve the appointment of the replacement for Contractor’s Project Manager. City is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under Contract.

13. Contractor’s Records: Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Contractor in accordance with generally accepted accounting principles. These records shall be stored for a period of three (3) years after final payment is received from City.

14. Contractor Work Hours and Safety Standards: The Contractor shall ensure compliance with all safety and hourly requirements for employees in accordance with federal, state, and City’s safety regulations and laws.

15. Conditions Affecting Work: Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to City. City assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by City are expressly stated in Contract.

16. Data – Title To: All materials, documents, data or information obtained from City data files or any City medium furnished to Contractor in the performance of this Contract will at all times remain the property of City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of City. All materials, documents, data or information, including copies, must be returned to City at the end of this Contract. All documents or material prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontra ctors, in the course of implementing this Contract, shall become the exclusive property of the City, and the City shall have the sole right to use such materials in its discretion without further compensation to th e Contractor or any other party. Contractor shall, at Contractor’s sole cost and expense, provide such documents and material to the City upon prior written request. Documents and material prepared by Contractor, pursuant to this Contract, are not intended or represented to be suitable for reuse by the City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Contractor will be at Anaheim’s sole risk and without liability to Contractor. Further, any and all liabili ty arising out of changes made to Contractor’s deliverables under this Contract by the City or persons other than Contractor, is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

17. Default – Re-Procurement Costs: In case of Contract breach by Contractor, resulting in termination by City, City may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Contractor will be responsible for paying City the difference between Contract cost and the price paid, and City may deduct this cost from any unpaid balance due Contractor. The price paid by City shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.

18. Defective Materials: Any materials not conforming to the requirements of the Specifications in Attachment A – Scope of Work and Specifications shall be considered defective. All such materials, whether in place or not, shall be immediately removed from the site of the work. Any defective materials delivered or installed shall be removed by the City and all costs of removal and replacement shall be deducted from any amounts due or to become due do the Contractor. No rejected materials, the defects of which have been subsequently corrected, shall be used.

19. Disputes – Contract: The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the City‘s Project Manager, as specified in Article 27 “Notices”, such matter shall be brought to the attention of the City Purchasing Agent by way of the following process:
a. The Contractor shall submit to the Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless City, on its own initiative, has already rendered such a final decision.
b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Contractor believes City is liable.

Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of commodities and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Contract.

City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue the Services as a result of such withholding

Any final decision of the City shall be expressly identified as such, shall be in writing, and shall be signed by City Purchasing Agent or his designee. If City fails to render a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed as affecting City’s right to terminate Contract for cause or termination for convenience as stated in Article K herein.

20. Drug-Free Workplace: Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).

b. Establish a drug -free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:

i. The dangers of drug abuse in the workplace; and
ii. The organization’s policy of maintaining a drug-free workplace; and iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:

i. Will receive a copy of the company’s drug-free policy statement; and ii. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract.
d. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Contractor may be ineligible for award of any future City contracts if City determines that any of the following has occurred:
i. Contractor has made false certification, or
ii. Contractor violates the certification by failing to carry out the requirements as noted above.

21. Emergency/Declared Disaster Requirements: In the event of an emergency or if the City of Anaheim is declared a disaster area by city, county, state or federal government, Contract may be subjected to unusual usage. Contractor shall service City during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions.

The pricing quoted by Contractor shall apply to serving City’s needs regardless of the circumstances. If Contractor is unable to supply the goods/services under the terms of Contract, then Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Contractor shall show both the emergency purchase order number and Contract number.

22. Errors and Omissions : All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the City.

Contractor agrees that City review is discretionary, and Contractor shall not assume that the City will discover errors and/or omissions. If the City discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the City or others discover errors or omissions City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

in the reports, files or other written documents submitted by the Contractor after City approval thereof, City approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the City and Contractor, and the reports, files or documents will be returned to Contractor for correction.

23. Equal Employment Opportunity: Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.

Regarding handicapped persons, Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.

Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.

24. Headings: The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.

25. Liquidated Damages: In the event the Contractor fails to provide Vertical Transportation Equipment Preventative and Repairs Maintenance and Repairs or any portion thereof by the delivery dates specified in the Contract or any agreed-upon amendment or schedule, the Contractor shall be liable for liquidated damages as outlined in Attachment A.

26. News/Information Release: Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from City through City’s Project Manager.

27. Notices: Any and all notices, requests, demands, and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the Assigned Buyer, except through the course of the Parties’ Project Managers’ routine exchange of information and cooperation during the terms of the wor k and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate Party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid.

Contractor: Fujitec America, Inc.

Attn: Justin Wong
12170 Mora Drive, Unit 1
Santa Fe Springs, CA 90670
Telephone: (562) 687-1876
Email: [email protected]

City Project Manager (CPM): Anaheim Convention Center
Attn: Zubair Serang
1850 So. West Street
Anaheim CA 92802
Telephone: (714) 765-8934
Email: [email protected]
Assigned Buyer: City of Anaheim/Central Purchasing Office Attn: Ariana Hernandez
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Telephone: (714) 765-4543
Email: [email protected]

With a Copy to: City Clerk
City of Anaheim
200 S. Anaheim Blvd. Suite 2nd Floor
Anaheim, CA 92805

28. Order Dates: Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to City and the order date must precede the expiration date of the Contract.

29. Ownership of Documents: City has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the City and may be used by the City as it may require without additional cost to the City. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.

30. Permits and Licenses: Contractor shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by City in its governmental capacity shall affect or limit Contractor’s obligations hereunder, nor shall any approvals or consents given by City as a City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations.

31. Precedence: Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.

32. Prevailing Wage (Labor Code §1773): Pursuant to the provisions of Section 1773 et seq. of the California Labor Code, Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime wages in this locality for each craft, classification, or type of worker needed to execute Contract. The rates are available from the Director of the Department of Industrial Relations at the following website:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates. Contractor shall comply with the provisions of Sections 1775 and 1813 of the Labor Code.

a. Labor Code Requirements: Contractor and all subcontractors shall comply with all applicable requirements of the Labor Code throughout the performance of Contract, including but not limited to the following:
b. Labor Code Notice: Contractor and all subcontractors must comply with the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided in Section 1771.1. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the Contract, Contractor and each subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.

c. Threshold Requirements for Prevailing Wages: Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works. d. Wage Rates: Contractor shall post a copy of the wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at th e City Clerk’s Office or visit the website of the Department of Industrial Relations, Prevailing Wage Unit at www.dir.ca.gov/DLSR/PWD. The Contractor shall comply with the provisions of Sections 1774, 1775, 1776 and 1813 of the Labor Code.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

e. Apprenticeship Requirements: The Contractor shall comply with Section 230.1(A), California Code of Regulations as required by the Department of Industrial Relations, Division of Apprenticeship Standards by submitting DAS Form to the Joint Apprenticeship Committee of the craft or trade in the area of the site. f. Registration of Contractor: All contractors and subcontractors must comply with the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided in Section 1771.1. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the contract, Contractor and each subcontractor shall furnish electronic payroll records direct ly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.

Prevailing Wage and DIR Requirement: Awarding agencies are not required to submit the notice of contract award through DIR’s PWC -100 system on projects that fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed:

$25,000 for new construction, alteration, installation, demolition or repair $15,000 for maintenance
If the project meets or exceeds these amounts, the City and the Contractor are required to register the project with the California Department of Industrial Relations. g. Payroll Records: Contractor and any subcontractor(s) shall comply with the requirements of Labor Code Section 1776. Such compliance includes the obligation to furnish the records specified in Section 1776 directly to the Labor Commissioner in an electronic format, or other format as specified by the Commissioner, in the manner provided by Labor Code Section 1771.4.

The requirements of Labor Code Section 1776 provide, in summary:

1. Contractor and any subcontractor(s) performing any portion of the work under this Contract shall keep an accurate record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor(s) in connection with the work.

2. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by his or her employees in connection with the Contract.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

3. The payroll records shall be certified and shall be available for inspection at the principal office of Contractor on the basis set forth in Labor Code Section 1776.

4. Contractor shall inform City of the location of the payroll records, including the street address, city and county, and shall, within five (5) working days, provide a notice of any change of location and address of the records.

5. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall have ten (10) days in which to provide a certified copy of the payroll records subsequent to receipt of a written notice requesting the records described herein.

In the event that Contractor or any subcontractor fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100), or a higher amount as provided by Section 1776, for each calendar day, or portion thereof, for each worker to whom the noncompliance pertains, until strict compliance is effectuated. Contractor acknowledges that, without limitation as to other remedies of enforcement available to City, upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the California Department of Industrial Relations, such penalties shall be withheld from progress payments then due Contractor. Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.

6. Contractor and any subcontractor(s) shall comply with the provisions of Labor Code Sections 1771 et seq., and shall pay workers employed on the Contract not less than the general prevailing rates of per diem wages and holiday and overtime wages as determined by the Director of Industrial Relations. Contractor shall post a copy of these wage rates at the job site for each craft, classification, or type of worker needed in the performance of this Contract, as well as any additional job site notices required b y Labor Code Section 1771.4(b). Copies of these rates are on file at the principal office of City’s representative, or may be obtained from the State Office, Department of Industrial Relations (“DIR”) or from the DIR’s website at www.dir.ca.gov. If the Contract is federally funded, Contractor and any subcontractor(s) shall not pay less than the higher of these rates or the rates determined by the United States Department of Labor.
h. Work Hour Penalty: Eight (8) hours of labor constitute a legal day's work, and forty (40) hours constitute a legal week's work. Pursuant to Section 1813 of the Labor Code of the State of California, the Contractor shall forfeit to the City Twenty Five Dollars ($25) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than the legal day's or week's work, except that work performed by employees of said Contractor and subcontractors in excess of the legal limit shall be permitted without the foregoing penalty upon the payment of compensation to the workers for all hours worked in excess of eight (8) hours per day of not less than 1- 1/2 times the basic rate of pay.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

i. Wage Rate Penalty: Contractor and any subcontractor(s) shall comply with the provisions of Labor Code Section 1775. Contractor and any subcontractor(s) shall be subject to a penalty in an amount up to $200, or a higher amount as provided by Section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done by Contractor or subcontractor(s) under Contract.

j. Apprentices: The Contractor acknowledges and agrees that, if this Contract involves a dollar amount greater than or a number of working days greater than that specified in Labor Code Section 1777.5, this Contract is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of the Contractor to ensure compliance with this Article and with Labor Code Section 1777.5 for all apprenticeable occupations.

Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractors under him employing workers in any apprenticeable craft or trade in performing any work under this Contract shall apply to the applicable joint apprenticeship committee for a certificate approving the Contractor or subcontractor under the applicable apprenticeship standards and fixing the ratio of apprentices to journeymen employed in performing the work.

Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractor under him may be required to make contributions to the apprenticeship program.

The Contractor and all subcontractors under him shall comply with Labor Code Section 1777.6 which Section forbids certain discriminatory practices in the employment of apprentices.

33. Service Review and Acceptance: Deficient services will be rejected, and the Contractor will be required to make the necessary service corrections to the City’s satisfaction. It shall be the Contractor’s responsibility to address any deficiencies, implement required corrections, and deliver services at no additional cost to the City.

34. Safety Data Sheets (SDS): The Contractor is required to provide a completed Safety Data Sheet (SDS) for each hazardous substance provided to the City under this Contract. This includes hazardous substances that are not directly included in the Contract but are included in the services provided by the Contractor to the City. The provision of the SDSs must be in accordance with the requirements of California Labor Code Sections 6380 through 6399, General Industry Safety Order Section 5194, and Title 8, California Code of Regulations. The SDSs for each substance must be sent to the place of shipment or provision of service

35. Substitutions: The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior City written approval.

36. Usage: No guarantee is given by City to Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. Contractor agrees to supply services and/or commodities City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

requested, as needed by City of Anaheim, at rates/prices listed in Contract, regardless of quantity requested.

Signature Page follows
City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106-498542

CONTRACT SIGNATURE PAGE

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed on the dates hereinafter respectively set forth.

DATE OF EXECUTION:

CITY OF ANAHEIM
a municipal corporation
By:

DEBORAH A. MORENO

FINANCE DIRECTOR/ CITY TREASURER

DATE OF EXECUTION: FUJITEC AMERICA, INC.

By:

Title:

Printed Name:

DATE OF EXECUTION: FUJITEC AMERICA, INC

By:

Title:

Printed Name:

ATTEST:

By:

THERESA BASS, CITY CLERK
APPROVED AS TO FORM:

ROBERT FABELA, CITY ATTORNEY

By:

Title:

Printed Name:

Date

* If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For City purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above -described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signee to bind the corporation.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

ATTACHMENT A

SCOPE OF WORK

1. GENERAL INFORMATION
The City of Anaheim is comprised of 13 departments and over 3,200 employees throughout the City.

The City’s core businesses are public safety, public utilities, public works, housing and community development, community services, and economic development.

The Contractor is to provide Vertical Transportation Equipment Preventative Maintenance and Repairs per the specifications attached hereto.

2. C

ONTRACTOR REQUIREMENTS

A. The City shall have the right to make reasonable changes at any time, if not cost is associated with those changes, to the aforesaid specifications including drawings that are a part thereof or made a part thereof by reason of the changes.

B. No changes shall be made to the specifications unless authorized by the City in writing.

3. SCOPE OF WORK – OVERVIEW
A. Contractor shall assign two (2) full-time (40 hours per week) Journeyman Elevator Mechanics (“Resident Mechanics”) to perform on-site preventive maintenance for all elevator and escalator equipment. Resident Mechanic 1 shall work Tuesday through Saturday, 7:00 a.m. to 3:30 p.m., excluding holidays. Resident Mechanic 2 shall work Sunday through Thursday, 7:00 a.m. to 3:30 p.m., excluding holidays. The City is indifferent to the weekday overlap in scheduling. Resident Mechanics will perform on-site preventive maintenance procedures for all elevator and escalator equipment. In addition to preventative maintenance, the resident mechanic(s) will be responsible for responding to emergency calls while on site. After initial assessment and recommendations by the resident mechanic(s), emergency repairs requiring additional labor or materials not covered in the contract may be assigned to separate repair personnel. Scheduled repairs and safety tests requiring more than one mechanic may be assigned to separate repair personnel. The Resident Mechanics will be responsible for responding to emergency calls while on site. Resident Mechanics can also be utilized for special standby assignments with sufficient notice of scheduling per their labor contract for up to forty (40) hours per agreement year at no additional cost. If a Resident Mechanic cannot be rescheduled the contractor would be responsible for the standby shift to be covered by another mechanic at no additional cost to the Anaheim Convention Center (ACC). Also, the expectation is that a standby mechanic must have the technical acumen for advanced troubleshooting as prolonged downtime may lead to discounts or damages.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

B. The required maintenance services include maintaining all units according to the original equipment manufacturer’s (OEM) specifications and maintenance requirements. NO SUBSTITUTIONS ALLOWED unless ACC provided written approval for substitutions or alternates. If a given part number is no longer available and has been replaced by an updated part number from that manufacturer, then ACC’s approval is required prior to vendor ordering and shipping the updated part number. Upon request by ACC, Contractor shall promptly furnish ACC with satisfactory evidence as to the kind and quality of materials.

C. As-needed repair services include making repairs that are clearly outside of the maintenance service requirements.

D. Due to the demanding response times required under this contract, the Contractor must ensure sufficient capacity to meet or exceed these requirements. This includes adequate supervision, trained technicians, necessary equipment, parts, materials, tools, lubricants, consumables, and other support to perform repairs with all due diligence E. The ACC reserves the right to obtain parts and/or service from another Contractor for any equipment which Contractor cannot return to service immediately for lack of appropriate equipment or parts. The ACC further reserves the right to recover all costs incurred for such services from Contractor. Time is of the essence with respect to performance and project completion.

F. Contractor must respond to trouble call service for the equipment listed in the Scope of Work (SOW)
G. Contractor shall conduct an annual field survey at pre-close of contract, using available records and performance site visits to verify existing conditions, equipment, system components, and services for each unit. A report shall be generated and shall include summary, equipment findings, adjustments, and provide repair or upgrade recommendations if any.

H. Contractor shall abide by all existing laws, codes, rules and regulations set forth by all appropriate authorities having jurisdiction in the location where the work is to be performed.

Contractor shall conduct all safety tests and inspect/ and adjust all safety devices in accordance with applicable regulatory requirements. In case of conflict, the more stringent requirement governs. Where applicable, regulatory requirement mandate that the authority having jurisdiction witness safety tests and conduct such tests in their presence.

I. Note that the City provided reports from our consulting firm outlining the condition of the equipment at the end of January 2024. Refer to Attachments C. Any work to be done as described in the reports, and NOT completed by the time of the Pre-bid mandatory job walk date, is not considered as part of the initial base contract until that work is completed as extra work under the new agreement.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

4. PRODUCT SPECIFICATIONS
A. Ensure that all equipment, materials, supplies, and consumables meet or better all applicable manufacturer’s published specifications and industry standards corresponding to items being repaired or replaced.

B. Use only brand new, factory-sealed products unless CPM authorizes otherwise.

C. Contractor shall maintain all elevator and escalator equipment in proper and safe operating condition.

D. Note that detailed product requirements are stated throughout the Specifications and Scope of Work section.

5. SCOPE OF WORK AND SPECIFICATIONS
A. General

1. Note that per Business and Professions Code ss. 7059: “In no case shall the…[Contractor] whose classification constitutes less than a majority of the project [perform the project unless]…the performance of the work in the crafts or trades, other than in which [Contractor] is licensed, is incidental and supplemental to the performance of the work in the craft for which the [Contractor] is licensed.…All work to be performed outside of [Contractor’s] license specialty, except work authorized by [the aforementioned], shall be performed by a licensed subcontractor…”

2. Perform all work in accordance with the latest editions or addenda of the following applicable codes, standards and specifications.

3. Perform all work according to all applicable industry-standards and to the highest quality commensurate with the required work.

4. Ensure that all work is done only by experienced and professional personnel.

5. Provide everything necessary to complete the repairs and maintenance work including but not limited to labor, equipment, materials, consumables, etc.

6. Ensure that all work properly and neatly fits the adjacent existing materials.

7. Perform work according to any applicable manufacturer’s specifications.

8. Provide a 24/7 call number for emergency repair work.

9. Respond in the time required.

10. Remove and properly dispose of any to-be-replaced materials.

11. Provide, to the CR, all documentation, altered diagrams, updated or new manuals, and the like within 7 calendar days after the repairs have been affected.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

B. Repairs

1. Diagnose and recommend an appropriate solution to remedy the damage or defect according to all applicable manufacturer’s specifications, Standard Specifications for Public Works Construction, and industry standard practices.

2. Provide, to the CPM, an estimate of the repair costs at the hourly rates and materials plus markup percentage amounts as indicated in Attachment B- Price Table.

3. Make approved repairs as soon as possible, but only after CPM so authorizes.

4. Verify that the repair has been completed properly, and all adjacent work is not adversely affected.

C. Technical Survey

1. The City will accept completion of a technical survey of all elevator and escalator equipment within ninety (90) calendar days from the contract start date, if the awarded Contractor elects to conduct one. The survey shall be performed at the Contractor’s sole expense. Any deficiencies identified shall be reviewed by HKA, the Convention Center’s third-party vertical transportation consultant. Should the Contractor proceed with the survey, the incumbent Contractor may be asked to address any deficiencies and repair recommendations. The City reserves the right to make the final decision regarding the resolution of any identified deficiencies or recommended repairs.

6. SCOPE OF WORK REQUIREMENTS: SPECIFIC
A. SCOPE OF SERVICES

1. General
A. Perform full preventive and routine maintenance services of all elevator and escalator equipment listed in Attachment A - Equipment List, within the required times and frequencies. Services shall consist of, but not limited to, furnishing all material, labor, tools, transportation and equipment necessary to provide full preventative maintenance services: lubrication, adjusting, cleaning, repairs, resting, reports, parts, and trouble call service.

B. All vertical transportation equipment maintained by Contractor is or will be accepted by Contractor in its “as is” condition.

C. Any basic services not specifically mentioned but which are needed to make the maintenance complete within the intent of the agreement shall be performed at no additional cost to ACC.

D. Contractor shall perform work promptly, diligently, and in a good workmanlike manner to the full and complete satisfaction and acceptance of ACC.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

E. Contractor shall have a member of its supervisory personnel regularly engaged in inspection and supervision visit each unit at least semi-annually to observe the quality of maintenance and to make certain that the quality of maintenance meets the specified and intended standards of this scope of services.

F. Note that failure to provide and complete the required services within the required times and frequencies will result in liquidated damages per the Liquidated Damages outlined in the Contract.

G. The rates that the contractor charges the City must be based on the rates outlined in Attachment B- Price Table.

H. Do not leave any work unattended or any equipment in a non- operational condition unless specifically authorized by the City Project Manager (CPM).

I. Check in and check out with CPM for all work activities.

J. Coordinate with the CPM at least 48 hours in advance all non- emergency services, including but not limited to scheduled downtime, inspections, and monthly or annual service requirements..

K. Note that the most stringent requirement of any conflicting industry standards, specifications, maintenance, testing, repair, and like requirements will govern.

L. ACC reserves the right to make evaluations and tests as are necessary to ascertain that the requirements of the services agreement are being fulfilled. ACC may assign its designated elevator consultant to test and evaluate the elevator/escalator performance.

Any requested test shall be provided, and any reported deficiencies will be corrected at Contractor’s expense so long as the test and deficiencies relate to the elevator and escalator equipment being maintained by Contractor under the applicable service agreement. Contractor agrees that, in the event of any vertical transportation equipment-related accident or problem of any kind, such as an injury to any employee or to the general public, fire, unwanted fire alarm/detector activation, stuck elevator, entrapment, major mechanical damage/failure during equipment services, Contractor will immediately notify ACC and thereafter furnish a full detailed written report of such accident to ACC within 24 hours of such occurrence. Contractor to contact the vertical transportation state department of any such occurrences within arrival to site to assist in determining best course of action.

2. Hours and Manner of Service
A. Contractor shall provide callback service upon request at its expense during Regular Hours.

B. Contractor shall respond to all trouble calls reported to Contractor’s dispatch center by 3:30 PM on regular working days during the same day at no additional cost to ACC.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

C. In the event the Resident Mechanic is not on site and an elevator is shut down with trapped passengers, Contractor guarantees that it shall respond within 30 minutes of any such event.

D. In the event an elevator is shut down with no trapped passengers or shut down of escalator Contractor guarantees that it shall respond within 60 minutes of any such event that occurs between 8:00 AM and 6:00 PM at no additional cost to owner, Monday-Friday, and within 2 hours of any such occurrence during all other times.

E. Contractor shall conduct monthly fire services and emergency power testing per Anaheim Convention Center’s request, and any such testing is included in the basic fee portion of this agreement price, regardless of whether the testing is performed during normal working hours or during overtime working hours, at no additional cost.

F. If basic services included within the basic fee described are required to be performed outside of regular hours, ACC will pay only the differential billing rate. Removal of elevator/escalator from service shall be coordinated with and approved by ACC.

3. Cleaning
A. Elevators

1. During the first six (6) months of maintenance under this agreement entered, Contractor shall thoroughly clean all elevator hoist ways, pits, car tops, and controller interiors, including filters and machine rooms. In addition, during the same period of time, all car and hoist way door tracks, hangers, interlocks and closers shall be cleaned, lubricated and adjusted. Contractor shall perform additional cleaning on an on-going basis and at the following minimum intervals (or sooner where conditions warrant): Upon inspection the ACC reserves discretion to order cleaning of the following surfaces. a) Quarterly: Car tops, pits and machine rooms
b) Semi-Annually: Hoist ways and door equipment

2. The exterior of the machinery and any other parts of the elevator equipment subject to rust shall be properly painted and presentable at all times. Upon inspection the ACC reserves discretion to order painting of these surfaces.

3. The motor to be analyzed under vibration analysis and periodic insulation testing, windings and controller coils are to be periodically treated with proper insulating compound. Contractor shall keep the elevator machinery rooms clean.

B. Escalators

1. Within the first year of the service contract and annually thereafter for the term of the Contract, Contractor shall provide a thorough inspection, cleaning, adjusting and, if necessary, repair of the complete escalator unit. All steps shall be removed, cleaned, inspected and, if cracks are discovered, the cracks shall be City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

corrected per the manufacturer’s recommendations. All safety switches/circuits shall be tested and, if necessary, adjusted for proper operation. The units shall be completely cleaned, lubricated and all oil levels shall be checked and brought up to their proper levels. The brake shall be tested with full load and, if necessary, adjusted for proper stopping distance in accordance with applicable codes. In addition, during the same period of time, all escalator, rollers, chains, drives, switches, idler and tension rollers/ sheaves, handrails, newel rollers, upper and lower handrail entries including brushes shall be cleaned and properly operating.

Contractor shall perform continuous cleaning on an on- going basis and at the following minimum intervals (or sooner where conditions warrant):
a) Quarterly: Handrail guides, newel rollers, drives. b) Semi-Annually: Step tracks, step drive units, handrail drive unit and tension rollers.
c) Annually: Step tracks, step rollers, safety brake and over -speed governor.

Cleaning (power washing) of all steps.
d) Contractor shall promptly remove all debris such as wiping rags, empty oil cans, and trash from escalator pits resulting from the performance of the Services.

4. Work Hours: Check In and Out
A. Unless otherwise specified, all services to be performed during the following hours:

Monday through Friday 7:00 am. to 3:30 pm. (“regular hours”).

B. If basic services are required to be performed outside of regular hours, ACC will pay only the difference between the regular hourly billing rate and the overtime hourly billing rate as reflected in Attachment B- Price Table (the “differential billing rate”). (For example, if the regular hourly billing rate is $200 per hour, and the overtime billing rate is $300 per hour, the “differential billing rate” is $100 per hour.) No vehicle or extra charges will be accepted. The maximum travel time to and from a job is two hours.

C. Contractor’s representatives shall provide a week look ahead schedule to the CPM one full week prior so to allow the CPM time to submit notifications. This requirement applies to regular maintenance, repair, and extra services. ACC shall provide Contractor’s personnel with a list of any reported problems requiring Contractor’s attention. Contractor shall use the elevator/escalator service call and maintenance log where services are to be performed as a guide to create the look ahead schedule.

D. Backfilling of the two assigned Resident Mechanics shall only occur during periods of approved leave, such as vacation or sick leave. The use of rotating or substitute City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

mechanics on a weekly basis to cover weekend shifts is not permitted and will not be accepted by the City.

5. Callback Response Time
A. A “Callback” is defined as any unscheduled shutdown of the elevator or escalator equipment.

1. Callbacks shall adhere to a 30 minute response if the occupant is not under duress, if a medical condition is determined the fire department is called immediately. If the fire department is rolled out due to Contractor’s failure to make the time window, Contractor is responsible for damages if they are incurred. Response times between 8:00 am – 6:00 pm shall be at no additional cost to ACC.

2. Contractor shall provide callback service upon request at its expense during Regular Hours. In the event a callback outside of Regular Hours is required, Contractor shall provide ACC with information documenting all travel time and time expended by Contractor and Contractor’s representatives on the job; provided, however, that ACC shall pay Contractor only at the differential billing rate for the travel time and time billed for any such callbacks. All overtime trouble calls related to passenger “entrapment” or “callbacks” if two or more units are out of service at one time or an escalator out of service or any freight elevator that is out of service shall be made by Contractor at no cost to ACC.

6. Entrapment Response Time
A. An “Entrapment” is defined as any unscheduled shutdown of the elevator equipment that is occupied with passengers at the time ACC notifies the Contractor of the shutdown.

1. Entrapment incidents must be responded to within 30 minutes if the occupant is not in distress. If a medical condition is identified, the fire department is called immediately. If the fire department is dispatched due to the Contractor’s failure to meet th e response time, the Contractor shall be responsible for any resulting damages.

7. Extractions
A. ACC requires that Contractor contact the local fire department immediately to assist with any extraordinary elevator extractions and not proceed until the local fire department is on-site to assist with the extraction, other than for routine extractions that can be performed safely at a floor level through the primary elevator doorway system. Examples of extraordinary elevator extractions include, but are not limited to, passengers climbing out of an elevator cab via a ladder through the ceiling, or transferring to another elevator through the elevator hoist way. The local fire department must assist with these types of extraordinary elevator extractions. All other normal elevator entrapment and building procedures should be followed during City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

elevator entrapment and extraction conditions, including but not limited to confirming the elevator is secure and clearly communicating with passengers and building personnel on an ongoing basis. Failure to comply with these requirements is grounds for immediate termination of this agreement with Contractor. Furthermore, ACC assumes no responsibility for Contractor’s failure to comply with the above policy, and Contractor will be solely responsible for any consequences that may arise.

8. Records
A. Contractor shall maintain an accurate and complete set of records documenting in detail all routine and non-routine service performed. These logs shall include call back service describing the nature of all complaints and their resolution in detail.

The logs shall be kept in the designated equipment room of each unit and a master log folder shall be kept in the CPM’s office. Digital records shall be transmitted to the ACC every quarter to be archived. All services performed shall be documented within five (5) days of completing the work.

B. The Contractor shall keep a record of all routine maintenance items in need of correction on all ACC vertical transportation equipment. The Contractor shall bring this list to the attention of the ACC’s CPM for necessary corrective action.

C. The Contractor shall provide and keep current suitable check charts/time tickets in the machine room for each elevator and escalator. Upon completion of maintenance, the Contractor shall properly initial the chart/time ticket to indicate the work has been completed.

D. In addition to check charts/time tickets in each machine room, when the Contractor arrives on site for any reason, the Contractor shall notify ACC’s Security Office so that an elevator/escalator maintenance log can be maintained, upon leaving the premises, the Contractor shall again notify the Security Office to summarize, for the log including:

1. Departure time

2. Technician’s name

3. Cause of malfunction

4. Diagnosis

5. Corrective action

6. Used parts furnished upon request

E. Time tickets shall include columnar line entries for date, employee name, employee position classification, time of arrival, time of departure, hours worked and type and extent of work performed.

F. The Contractor shall complete and submit an itemized list of all work performed during the month to ACC. This list must include the following information:

1. Date and time of call.

2. Building location and state number.

3. Description of shutdown and corrective measures taken.

4. Class of work, i.e., routine maintenance or call back service.

5. Time elevator/escalator returned to service.

6. Note on list all extra charges to contract.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

9. Reports

7. Any safety tests performed, with the written results of said test for correction of these deficiencies within thirty (30) days after his receipt of such notice.

A. Immediate Notifications. Immediate notifications of all trouble calls and entrapments require immediate digital notification to ACC. Information must include receipts, status, technical details and resolution. Instances including injuries or casualties shall require immediate notification and reporting by end of business day.

B. Monthly Reports. Within five (5) calendar days of the last day of each month during this agreement term, Contractor shall submit the following reports to ACC.

Failure to provide such reports shall be considered breach of agreement and cause for withholding of the basic fee for the services provided for that month until such time as the applicable report is delivered via digital data.

1. Activity Report: This report shall provide an overview of the month’s routine maintenance activities, identifying the overall condition of the elevator/escalator equipment, areas of concern, problematic conditions, usage of the elevator/escalator equipment that may reduce the longevity of major components, and recommendations for any corrective action that is outside the scope of services.

2. Trouble Call Report: This report shall provide details of all trouble calls that occurred during the month, and shall identify the applicable property, building and equipment number, the time and nature of the call, who placed the call, the time Contractor arrived in answer to the call, the condition of the elevator equipment upon arrival, work performed to correct the condition, and the time Contractor departed. This report shall identify if the callback was covered under the scope of services or if it was an additional billable call.

3. Entrapment Report: On all elevator shutdowns involving passenger entrapments, a comprehensive report shall be prepared and submitted to ACC within 24-hours of the entrapment. The report shall include the property and building location, elevator identification, date and time of entrapment, time entrapped passengers were released, cause of entrapment and corrective action taken by Contractor. In addition, this information shall be included in the monthly report.

4. Test and Inspection Reports: This summary report will describe all elevator/escalator equipment receiving special tests during the month with a detailed back-up of the test results. This includes, but is not limited to, fire service testing, safety testing, hydraulic pressure tests, standby emergency power testing and safety inspections performed by the local enforcing authorities. Written summary shall include action taken, deficiencies notes, and recommended corrective action as a result of inspection. The report shall be in adequate detail to enable ACC to determine the condition of the equipment and whether or not additional service of the equipment may be required.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

C. Semi- Annual Supervisor’s Reports. Within five (5) calendar days of the end of each six-month period during the term of this agreement, Contractor’s supervisor shall submit to ACC a written report containing the following information on the elevator/escalator equipment within any property for which a services agreement has been entered. Failure to provide such report shall be considered breach of contract and may result in withholding of the basic fee for the services of all properties under services agreements until the report is delivered. If more than one supervisor is supervising the services, then Contractor shall submit a service report from each supervisor. Each supervisor’s report shall contain the following information:

1. Evaluation of the overall preventative maintenance being performed by Contractor’s employees.

2. Confirmation that supervisor visited each piece of elevator/escalator equipment, reviewed machine room maintenance logs and signed same.

3. Report on the planned activities and schedules over the next quarter including any anticipated repair work that will require removing elevator/escalator equipment from service.

4. Any recommendations that will improve the overall operation or extend the remaining useful life of the elevator/escalator equipment.

10. Work Order and Invoice Procedure
A. A signed work order is the Contractor’s notice to proceed. The Contractor will perform no work without a duly executed work order except in an emergency situation. (emergencies are determined by the CPM).

B. The CPM will issue a work order for all maintenance services annually, or separately, for each maintenance service, at their discretion.

C. The CPM will issue a work order for repair work on an individual occurrence basis.

The CPM may issue a field directive verbally for emergency work only. Such a field directive will be followed up with an appropriate work order at the earliest convenient time within the following seven (7) day period.

D. Job estimates for repairs not covered under the preventative maintenance scope of work must be submitted in advance and must align with the prices set forth in Attachment B – Price Table, including any subsequent price adjustments to the agreement. Estimates shall detail all labor rates, materials, and sales tax on materials.

E. Vendor will invoice for all repair jobs completed consistent with the prices set forth in the contract, any subsequent price adjustments to that agreement, and estimate.

Proof of parts and material costs, if any, including appropriate markup, must be included with contractor invoices. Invoices must include rates described in detail.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

F. Invoices shall include the following information when appropriate to the service rendered

1. Name of CPM requesting service

2. Facility name and address

3. Make, model, serial number of equipment

4. Reported problem, if any

5. Description of performance

6. Diagnosis of trouble, if any

7. Probable cause of malfunction, if any

8. Corrective action necessary

9. Listing of materials used (if any) including:
a) Proof of parts and material costs (if any) and markup not to exceed City accepted markup percentage.
b) Make, model, serial number (if applicable) of parts replaced c) Indicate if part is under warranty
d) Warranty expiration date

10. Arrival time at Facility

11. Departure time from Facility

12. Serviceman (Technicians’) signature

13. Emergency Services only:
a) Date and time call was dispatched
b) Regular hours
c) Overtime hours
d) Other charges and fees, detailed.

11. Special Test
A. Elevators provided with fire service, derailment devices, seismic switches or other special circuits shall be checked once every year or more often if required by law, to make certain that these devices are operating correctly and as designed. ACC and Contractor shall arrange for mutually acceptable dates to perform the tests. ACC will test the emergency power operation and, if elevator system fails, Contractor shall make corrections and retest.

B. Contractor shall examine periodically the elevator safety devices and governors, and conduct an annual no-load test. Additionally, during the term of each services agreement (or more often if required by law, but no less than every five years), perform one full load, full speed test of the safety mechanism, over-speed governors, car and counterweight buffers. The car balance shall be checked electrically and the governor set. If required, the governor shall be recalibrated and sealed for proper tripping speed. ACC shall witness these tests and a written report shall be furnished indicating the results of such test. All testing shall conform to the requirements of ASME A17.1 and applicable local code testing requirements.

Contractor will install test tags indicating type of test and date.

C. Hydraulic elevators shall have a load test performed during the term of each services contract (or more often if required by applicable codes, but no less than every five years). The report shall conform to the requirements of the local authority.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

D. Escalators provided with seismic switches or other special circuits shall be checked once every year (or more often if required by applicable law) to make certain that these devices are operating correctly and as designed. ACC and Contractor shall arrange for mutually acceptable dates to perform the tests. ACC will test the emergency power operation and, if escalator system fails, Contractor shall make corrections and retest.

1. The report shall conform to the requirements of the local authority.

2. Contractor shall examine periodically the escalator safety devices, over-speed governor and conduct an annual test during the term of each services contract (or more often if required by applicable codes). If required, the over-speed governor shall be recalibrated and sealed for proper tripping speed. Owner’s consultant shall witness these tests and a written report by escalator contractor shall be furnished indicating the results of such test. All testing shall conform to the requirements of ASME A17.1 and applicable local code testing requirements. Contractor will install tags indicating type of test and date.

E. Contractor shall create a form for each elevator and escalator describing tests performed and deliver a signed copy to ACC after a successful test has been concluded. This form will also describe any malfunctions along with any corrective action taken.

F. All required testing shall be performed at Contractor’s expense.

G. In addition to the above requirements, this Contractor shall perform all periodic testing as required by ASME A17.1 Section 8.11. All testing shall conform to the testing intervals as outlined in ASME A17.1 Table N-1.

12. Inventory
A. Contractor shall keep in the machine room where services are performed an adequate supply of contacts, switch parts, encoders, coils, conductors, springs, holders, resistors, relays, lamps, condensers, tubes, transformers, car and hall buttons, fuses and other parts which are required for prompt replacement together with an adequate supply of lubricants and wiping rags. Materials with expired expiration dates shall not be part of inventory. All supplies shall be stored in metal cabinets or shelves. Storage of oily rags is not permitted. All cabinets, shelves and containers shall be provided by Contractor and become the property of ACC upon termination of the agreement.

B. Used parts or parts that are not equal to or better than genuine manufacturer’s parts are not acceptable and shall not be used by Contractor on any elevator/escalator equipment at any of the properties.

C. In addition to the requirements of subsection above, Contractor shall keep at ACC (or in a warehouse within fifty miles of each property or reasonably obtainable within 24 hours)
City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

1. One set of motor brushes and holders for each type of motor and generator.

2. One door operator motor of each type used.

3. Hanger sheaves for car and hoist way doors.

4. Two complete door interlocks.

5. One set of generator bearings for each type of generator.

6. One set of brake linings for each type of brake.

7. Parts for door protective devices.

8. Power supplies.

9. Coils, relays, motor brushes and all other parts as needed to assure prompt replacement in the event of the shutdown of any elevator.

10. SCR drive components.

11. One spare printed circuit board of each type installed.

12. Two encoder and drive couples of each type installed

13. Provide operator keys when requested by ACC at no cost. Access keys are not part of the list of keys.

D. Contractor shall keep an adequate supply of drive rollers, handrail rollers, contacts, switch parts, coils, conductors, springs, holders, resistors, relays, lamps, condensers, tubes, transformers, fuses and other parts that are required for prompt replacement, together with an adequate supply of lubricants and wiping rags. All supplies shall be stored in metal cabinets or shelves Storage of oily rags is not permitted.

E. In addition to the requirements of subsection above, Contractor shall keep on each property (or in a warehouse within fifty miles of each property or reasonably obtainable within 24 hours):

1. Controller parts, contacts, coils, resistors, etc.

2. Brake parts.

3. One set of brake linings if applicable.

4. Controller drives components.

5. One spare printed circuit board of each type installed.

13. Obsolescence and Parts Replacement Management
A. Contractor will be responsible for all costs for the replacement of “like for like” parts, which shall be defined as an item that is manufactured by the original equipment manufacturer (OEM), or if the part is no longer manufactured by the OEM, is obtainable from a reputable third party supplier, approved by City in advance, that performs to the specifications and requirements of the OEM part. If the City wishes to replace a part with an “Upgraded” part (e.g. an item that is newer and/or more advanced) even though an acceptable OEM or “like for like” part is available, the City shall bear the incremental cost difference between the cost of the “like for like” part and the upgraded part. If no “like for like” part exists as it is now Obsolete as defined later herein, the Contractor will recommend a substitute replacement part that will perform per all specifications and requirements of the OEM and provide the City with a proposed cost for this substitute part. If the City agrees to the substitute replacement part, then the City and the Contractor will split the incremental cost difference between the cost of the “like for like” part and the substitute replacement part on an equal basis (50/50). Should City and Contractor be unable to determine and agree on the incremental cost difference between the cost of the “like for like” City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

part and/or the substitute replacement part, it will be determined by City’s vertical transportation consultant.

The assignment of a new or different OEM part number to a functionally identical part does not constitute an upgrade, nor does it render the previous part number obsolete. In the event of a dispute the City’s vertical transportation consultant will make the final determination.

Obsolete parts are defined as follows:

1. A part or component is considered obsolete if it meets all the following criteria:
a. The Contractor does not have the part or component in its spare parts inventory, either on-site or in any of its warehouses; and b. The part or component was not originally manufactured by Contractor or its parent company or subsidiary; and
c. The part or component is no longer manufactured by the OEM; and d. The part or component is not currently manufactured by a reputable third-party after-market parts manufacturer; and
e. The part or component is not available for purchase from the OEM or any reputable third-party after-market supplier; and
f. The part or component is not able to be refurbished or remanufactured in any manner.
g. If a part or component is obsolete, Contractor will provide a proposal for the replacement and installation of an upgraded part or component for City approval to proceed.

14. Wiring Diagrams
A. Contractor shall maintain a complete set of all wiring diagrams per ASME A.17.1

8.6.1.6.3 for the elevator/escalator equipment covered under this service agreement and stored in the machine rooms within ACC in this services agreement. All changes in circuitry made by Contractor shall be properly recorded on ACC’s diagrams and machine room copies of diagrams, including date of change and name of person making the change. Under this contract, the wiring diagrams are the property of ACC and shall remain in their respective machine rooms at ACC during the service period and upon expiration or termination of the agreement.

B. Contractor shall edit any changes to the original wiring diagrams and complete such changes within sixty (60) days after the installation or additions to the elevator or escalator equipment (the “Edit deadline”).

B. LIQUIDATED DAMAGES

1. Wiring Diagrams

a. If Contractor fails to perform the wiring diagram updates by the edit deadline, ACC and Contractor agree that ACC will suffer as a result of Contractor’s failure to timely complete such changes- damages that are extremely difficult and impracticable to ascertain at the time of execution of this agreement. Therefore, ACC and Contractor agree that, in addition to all other damages to which ACC may be entitled, in the event Contractor fails to perform City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

such edits by the edit deadline, Contractor will pay to ACC as liquidated damages, and not as a penalty but as a reasonable estimate of the damages that ACC will suffer, the amount of fifty dollars ($50.00) per day for each calendar day after the edit deadline until the changes are completed. ACC may, at its election, deduct the sum of the liquidated damages owed by Contractor from any sum owed or to be owed to Contractor. Notwithstanding the foregoing.

2. General Maintenance – Trouble Calls

a. If Contractor does not respond to trouble calls in the time frames listed under General Maintenance, ACC and Contractor agree that ACC will suffer, as a result of Contractor’s failure to timely respond to each trouble call, damages that are extremely difficult and impracticable to ascertain at the time of execution of this Contract. Therefore, ACC and Contractor agree that, in addition to all other damages to which ACC may be entitled, in the event Contractor fails to timely respond to each trouble call by the trouble call deadline, Contractor will give to ACC as liquidated damages, and not as a penalty but as a reasonable estimate of the amount of damages ACC will suffer.
b. To ensure that Contractor performs all of the required work and by the time required per Specifications and since City cannot accurately determine the exact amount of a given deficiency, City will assess liquidated damages (below) for all work performance deficiencies and billing will be done in full hour intervals.

The following is the breakdown per occurrence:

1. In the event a Resident Mechanic is not on site: Entrapment: Responder > 30 minutes on site. $300/HR

2. In the event a Resident Mechanic is not on site: Emergency: Imminent danger Initial responder > 60 minutes on site. $300/HR

3. In the event a Resident Mechanic is not on site: Urgent: Equipment malfunction during or prior to event. Critical > 40 minutes on site $300/HR

4. Routine response: > 3 working days. $150 per occurrence

5. Defective material replacements: > 5 working days. $250 per occurrence

6. Required work: missed or late (other than above). $250 per occurrence

7. Safety violation: $500 per occurrence

8. Damages violation: $500 per occurrence

c. Liquidated damages are cumulative and may be in addition to other remunerations stated elsewhere in the specifications. Failure to respond in the required time or the incurrence of a violation will result in liquidated damages.

Hourly liquidated damages are not prorated are charged beginning the 1st minute past of the violation.

d. Notwithstanding the foregoing, ACC and Contractor agree that this liquidated damage provision shall only apply to damages caused by Contractor’s failure to timely respond to each trouble call by the trouble call deadline, and shall not apply to or limit any other type of damages suffered by ACC under either this Contract or any services agreement.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

e. City will notify Contractor both verbally and in writing each time service requirements are unsatisfactory and corrective action is necessary. Should Contractor fail to correct any deficiencies as per these specifications, City may exercise the following measures:
1) Deduct from Contractor’s payment the amount of damages as per above.
2) Utilize City forces or an alternate source, to correct the deficiency and deduct the cost of the work from Contractor’s payment.
f. City has the sole right whether to waive any liquidated damages without regards to any and all past precedent.

g. After second recurring violation contractor shall meet with City Management representative to discuss deficiency issues and a subsequent correction notice will be issued; additional liquidated damages (above) may apply.

h. After third recurring violation contractor shall meet with City Management and City of Anaheim Purchasing to discuss violations and remedies including additional liquidated damages (above), suspension or termination of contract for failure to meet contract obligations.

C. PERFORMANCE GUARANTEED

1. Contractor shall maintain an adequate stock of replacement parts to ensure prompt repair of any malfunction of the elevator/escalator equipment and its prompt return to service. If any elevator/escalator equipment is out of service for a non-scheduled repair for longer than two (2) consecutive calendar days and Contractor fails to repair same by the end of such two (2) calendar day period (the “non-scheduled repair deadline”), ACC and Contractor agree that ACC will suffer, as a result of Contractor’s failure to timely respond to each trouble call, damages that are extremely difficult and impracticable to ascertain at the time of execution of this agreement. Therefore, ACC and Contractor agree that, in addition to all other damages to which ACC may be entitled, in the event Contractor fails to timely repair by the non-scheduled repair deadline, Contractor will give to ACC as liquidated damages, and not as a penalty but as a reasonable estimate of the amount of damages ACC will suffer, a credit equal to the monthly maintenance cost of that unit against the next month billing as a form of liquidated damages. Notwithstanding the foregoing, ACC and Contractor agree that this liquidated damage provision shall only apply to damages caused by Contractor’s failure to timely repair a unit by the non-scheduled repair deadline, and shall not apply to or limit any other type of damages suffered by ACC under either this agreement. For purposes of this subsection, a “scheduled repair” consists of repairs required as part of routine preventative maintenance such as replacing hoist ropes, cylinder head packing and so forth, but not a repair that is caused by the lack of preventative maintenance. All repairs shall be pre-scheduled in writing.

2. If a unit is out of service for more than three three (3) consecutive days, the monthly maintenance cost of that unit will be credited to the next monthly billing as liquidated damages.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

3. If three (3) or more callbacks on the same unit for the same problem are experienced during 30 consecutive days, the monthly maintenance cost of that unit will be credited to the next monthly billing for the applicable agreement as liquidated damages.

D. ROUTINE AND PREVENTATIVE MAINTENANCE (PM) SERVICES

1. General

A. Conduct all original equipment manufacturer’s preventative maintenance (PM) by the frequencies required to ensure that the equipment is in optimal operating conditions at all times.

B. Contractor shall provide a Service Schedule chart, and shall keep a copy of same in each machine room for each piece of elevator and escalator equipment. Service schedules posted shall be of the chart type and shall be initialed by the Contractor’s mechanic when each scheduled inspection is performed. The form of each service schedule must be approved by ACC.

C. Routine service of all elevator/escalator equipment shall consist of examination, minor adjustment, cleaning and lubrication of such equipment. Any repair or replacement of such equipment is considered as additional time beyond that required for routine service.

Contractor shall provide minimum routine servicing of elevator/escalator equipment based on the following frequency (or more frequently if determined to be necessary by ACC or Contractor):

Equipment Type Service Frequency Time Expended per Visit Gearless Elevator Twice Monthly 1.5 Hours
Geared Elevator Twice Monthly 1.5 Hours
Hydraulic Elevator Once Monthly 1.25 Hour
Escalator Twice Monthly 1.5 Hour
Dumbwaiter/Wheel Chairlifts Quarterly 1 hour
D. Ensure that all PM is kept up to date for the duration of the contract.

E. Contractor shall maintain all Vertical Equipment in proper and safe operating condition. All PM, lubrication, cleaning and adjusting shall meet the standards established by the original manufacturer or dictated by the use of the equipment. PM includes but not limited to the following:
1) Lubrication, adjusting, cleaning, repairs, testing, reports, part and trouble call service on the equipment listed.
2) Machines, including worms, gears, thrust bearing, drive sheaves, drive sheave shaft bearings brake pulleys and all other components and parts of the machine and brake.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

3) Hoist and governor ropes, including tension equalization. 4) Hoist motors, including motor winding, solid state power conversion drives, motor generators, rotating elements.
5) Motor windings, which shall be treated as needed with proper insulating compounds which has been approved by the motor manufacturer. 6) Controllers, encoders, transducers, selectors and dispatching equipment, including all relays, solid-state components, resistors, capacitors, transformers, contacts, leads, timing devices, computer devices, steel tape or cable and mechanical and electrical driving equipment and all other related components and parts.
7) Pump units, including motor belts, sheaves or pulleys, valves, seals, mufflers, heating elements, tank, tank oil, exposed pipes, shut-off valves and all other components of the pump unit.
8) Plungers, packing, seismic over-speed valves, scavenger pumps, and hydraulic system oil and all above ground pipping and connections. 9) Starters, which shall be covered at all times for hydraulic elevators. Where an elevator has a mechanical starter that has failed, Contractor shall be responsible for replacing it at no additional cost to ACC, regardless of whether Contractor is able to obtain the identical replacement. ACC reserves the right to request that all failed starters be replaced with electronic solid state starters at no additional cost to ACC. 10) Governors, governor sheave and shaft assemblies, bearings, contacts, governor jaws, car and counterweight safety mechanism, car and counterweight sheave assemblies, deflectors, 2:1 or secondary sheaves, including bearings, car and counterweight buffers, car and counterweights guide rails (excluding replacement), top and bottom limit switches, governor tension sheave assembly, compensation sheave assembly, counterweight guide shoes, rollers and liners, inductors, cams and tapes and all other related components and parts.
11) Hoistway door interlocks, hoistway door hangers and rollers, bottom door gibs, door closing devises and all other related components and parts. 12) Door operators, including door drive chains, sheaves, belts, car door hangers, rollers and up thrusts, car contacts, door protective devices, bottom door guides and all other related components and parts.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

13) Door protective devices, which shall be covered at all times. If an infrared door protective device fails, Contractor shall replace it at no additional cost to ACC, regardless of model, type, and manufacture. 14) Communication devices, which shall be covered at all times. If an elevator phone of intercom fails, it shall be replaced at no additional cost to ACC regardless of model, type and manufacturer.
15) Load-weighing equipment, car frames, platforms, elevator car roller guides and all other components and parts.
16) Alarm bells, emergency stop switches, emergency car lights and batteries and all other related components and parts.
17) Car fans or exhaust blower, car and corridor signals and fixtures including lights, pushbuttons, contact assemblies, key switches, dials, voice annunciation systems, read-out indicators and audible signaling devices and car enclosure lighting lamps.
18) Car, hoistway and machine room wiring, including travel cables. 19) All operating features and functions, including firefighters’ service, emergency power operation and Independent Service, including the operating switches for those features and functions.
20) Contractor shall paint the equipment as need to maintain a professional appearance, prevent rusting, and preserve the equipment.

F. Note that any cascading failures of maintenance or damage repairs or emergency services that are attributable to incomplete, inadequate, or late preventative maintenance services will be at Contractor’s sole expense.

G. Contractor shall be responsible for the following:

1) Should conditions warrant, Contractor shall immediately repair or replace any and all components of the elevator/escalator equipment to maintain safe operating conditions. When such services are determined not to be Contractor’s responsibility, Contractor shall notify ACC in writing for further action, with the exception of a safety or potential safety situation (in which case Contractor shall take immediate corrective action).

2) At ACC’s reasonable request, Contractor will provide a Hall call traffic analysis report on any or all elevators and escalators. The analyzer shall be capable of gathering and printing information about the elevator/escalator performance and group operation.

3) Contractor shall maintain the machine rooms, hoist ways, pits, car tops and other elevator/escalator equipment in a clean condition. Contractor shall paint the equipment as needed to maintain a professional appearance, City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

prevent rusting, and preserve the equipment. Machine room and pit floors shall be painted (non-voc paint) and kept clean.

4) Contractor is responsible for the preventative maintenance, repair and replacement of all vertical transportation equipment, except for those items listed under exclusions.

5) If the elevator/escalator equipment is equipped with on-board diagnostics utilizing digital status indicators, the following shall apply:

a. These indicators are sufficient for almost all maintenance and fault finding diagnostic needs by a capable elevator/escalator mechanic. In the event that a company other than Contractor maintains the elevators/escalators, and if the equipment was unable to be repaired by the maintenance company, a factory- trained technician would be required to assist (as it would if Contractor’s own technician were in the same situation). If such an event were to occur, Contractor would make its factory-trained technician available for assistance upon request of ACC within three (3) calendar days.
b. Contractor will furnish its standard ACC’s package including as-builts, wiring hook up sheets, mechanical parts list, and maintenance instructions at time of installation completion and will attach its fault diagnostic code definitions to each control cabinet door.

c. If Contractor is not performing the maintenance on the equipment, Contractor will make parts to ACC available. Parts may be provided from inventory when adequate stock exists. In some cases, parts will have to be special ordered from the factory or other vendor at their standard lead-times.

Proprietary parts will be made available on an exchange basis. Parts pricing will be per Contractor’s standard pricing policy.

2. Specific Performance Requirements:

A. Elevators:

1. Electric elevators shall be adjusted to meet the following basic performance standards and shall maintain these standards for the life of the contracts. a. Operating Characteristics:
1) Starting, acceleration, stopping and leveling shall be smooth and free from jars or bumps
2) Full speed riding shall be without swaying or vibration 3) Elevator and door operation shall be quiet with smooth checking at the extremes of travel
4) Door pressure shall be maintained below 30 pounds in closing and not exceeding kinetic energy forces stipulated in the code.

2. Group supervisory system: Keep group control systems operating at design criteria for the life of this agreement.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

B. Individual Elevator Performances: Maintain performance requirements as follows:

1. Main accurate leveling of +/- 1/8” for traction elevators and ¼” for hydraulic elevators under all loading conditions.

2. Contract speed shall not vary by more than 10% for hydraulic and open loop motor control systems and 3% for closed loop motor control systems under any loading condition.

3. Start- to-stop times based on a typical 12’-6” floor height:
a. Gearless elevators: 4.5 to 5.0 seconds
b. Geared elevators:
1) 200-300 FPM: 6.5 to 7.0 Seconds
2) 350-450 FPM: 5.5 to 6.0 Seconds
c. Hydraulic Elevator: 12.00 to 13.0 Seconds

4. Door Open Times: Based on standards steel doors, 8’-0” maximum height. a. 3’-6” Center Opening: 1.6 to 2.2 seconds
b. 3’-6” Side Opening: 3.2 to 3.8 seconds
c. 4’-0” Center Opening: 2.0 to 2.5 seconds
d. 4’-0” Two-Speed: 2.8 to 3.3 seconds

5. Door Standing Times:
a. Car call: 5.0 to 6.0 seconds
b. Hall call: 5.0 to 8.0 seconds

6. Door Close Times: Minimum without exceeding kinetic energy and closing force allowed by code.

C. Basic Performance Requirements for Escalators: Escalators shall be adjusted to meet the following basic performance standards and shall maintain these standards for the life of the Contract.

1. Starting, acceleration, constant running and stopping shall be smooth and free from jarring, jerks or bumps.

2. Full speed riding shall be free from vibration or jerk.

3. Escalators shall stop smoothly, quietly, and without a hard stop, under all load conditions.

4. Maximum airborne noise shall not exceed 60 dba measured at a distance of 60 inches above any moving step throughout the length of escalator travel and the immediate surrounding pedestrian areas.

5. Escalators at ACC North Building shall run in both directions D. Individual Escalator Performance Requirements: Maintain performance requirements as follows:

1. Escalator handrails shall operate at the same speed as steps.

2. Escalator step alignment shall be maintained to squarely engage the comb plates and cleated risers to prevent excessive wear and noise

3. Stop in the down direction shall be smooth and at a rate no greater than three feet per second squared or as required by the latest applicable code.

4. Main code clearances between step and skirt panel.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

3. Maintenance Repairs: (as needed)
A. Make repairs, within the required response times, to failed items (piece of equipment that is no longer operating per manufacture specifications) covered under the PM, at Contractor’s sole expense.

B. Make repairs, within the required response times, to failed items (piece of equipment that is no longer operating per manufacture specifications) that are not covered under the PM, at the applicable Contractor’s hourly rates and materials prices.

4. Damage Repairs: (as needed)
A. Make repairs, within the required response times, to damaged items attributable to Contractor, at Contractor’s sole expense.

B. Make repairs, within the required response times, to damaged items not directly caused by Contractor at the applicable Contractor’s Hourly Rates and Materials Prices.

5. Emergency Services: (as needed)

A. In the event of passenger injury, contractor must contact the vertical transportation state inspector immediately upon arrival at the job site to inform them of the condition of the injured ridder and extent of damage to the vertical transportation equipment. The contractor will follow the protocol set by the vertical transportation state inspection group on releasing the vertical transportation equipment for public use.

B. Note that Emergency Services are for injuries or entrapments, imminent dangerous conditions that cause or threaten the human safety.

C. Make rescues for entrapments, make repairs necessary to mitigate the entrapments and imminent dangerous conditions within the required response times.

D. Note that all Emergency Services that are related to failed items (piece of equipment that is no longer operating per manufacture specifications) covered under the PM will be at Contractor’s sole expense inclusive of any overtime rates and double-time rates. A technician must be available for call out 24 hours a day every day of the year.

E. Note that all Emergency Services that are related to failed items (piece of equipment that is no longer operating per manufacture specifications) not covered under the PM will be at the applicable Contractor’s Hourly Rates and Materials Prices.

F. Note that all Emergency Services that are related to damaged items will be at the applicable Contractor’s Hourly Rates and Materials Prices.

G. Send another technician to perform Emergency Services other than a technician who is on site that is performing other work i.e. maintenance or repairs, unless specifically authorized by the CPM.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

6. Other Services: (per schedule; as needed)
A. General:
1) Note that these services will be performed during regular business hours unless otherwise specified by CPM.
2) Submit, to City CPM, a list of necessary maintenance and repair items that are not covered under the PM and a separate list of necessary maintenance and repair items that are covered under the PM for review.
3) Note that additional quantities of the services listed below that City requires because of failures discovered in the initial service attributed to Contractor’s PM or repair failure will be at Contractor’s sole expense. 4) Make all necessary adjustments and repairs after completion of each inspection and test according to Table 1: Priority Service.

B. As needed:
1) Update records, manuals, diagrams, drawings, and the like to provide complete and current documentation. All reporting must include digital submittals to be archived which includes hardcopies.
2) Meet as necessary to ensure that the work is being performed on a timely basis. 3) Perform any fire service and emergency power testing requested by ACC or required by law or any government agency with jurisdiction over the properties.

C. Monthly:
1) Supervisor to meet with CPM at least once a Month for a minimum of one hour to review contract performance.
2) Note that additional meetings may be necessary to rectify any problems and will be at contractor’s sole expense. Note liquidated damages will apply and continue until the associated problem has been fully alleviated. 3) Conduct a visual inspection (walkthrough) of all units including, but not limited to broken comb plates and step treads, loose handrails, static electrical discharge, noise, and the like.
4) Assist in the inspection and testing of the fire fighter’s service and standby power operation according to ASME A17.1 Section 8.11. All testing shall conform to the testing intervals as outlined in ASME A17.1 Table N-1.

E. PREVENTATIVE MAINTENANCE FREQUENCY AND TASK SCHEDULES

1. Gearless Passenger
a. Each visit:
1) Ride each elevator and observe performance, leveling, floor stops, door opening and closing operation and noise.
2) Test safety edges, photo eyes, detectors, door open buttons, and alarm bell. 3) Check for proper car and hall button operation and all indicator illuminations and lantern operations.

b. Monthly:
1) Clean and inspect machine, controller, selector, motor, motor generator/SCR and governor.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

2) Clean and inspect car top, operating switches, door operator and controls, car door hangers, gibs, detectors and/or photo eyes and safety edges.

Lubricate and adjust door operator and door accessory equipment. 3) Clean and inspect hoistway door hangers, interlocks, linkage, pick up assembly, door gibs, non-vision wing and hoistway switches. 4) Clean and inspect governor tension sheave, car and counterweight buffers, compensating sheave assembly. Clean pit and check safety plank and travel cable loops.
5) Clean machine room, check commutators and brushes, clean and adjust controller and selector contacts and relays.
6) Check car and hall fixture lamps, leveling and floor stops, alarm bell and emergency stop, inspect travel cable.
7) Perform any fire service and emergency power testing requested by ACC or required by law or any government agency with jurisdiction over the properties.
8) Perform car emergency lighting and battery test, emergency car communication system.

c. Quarterly:
1) Inspect rope shackles, car and counterweight guides, TM and slow down switches, adjust and lubricate as required, check emergency light. 2) Check and adjust brake. Inspect and lubricate pivot pins. 3) Clean and adjust controller and selector components including contacts, relays and timers. Check transformers and rectifiers. Vacuum or brush all controller and selector parts.
4) Check out complete safety circuit.
5) Check selector cables and/or tapes. Lubricate selector drive worm. Inspect selector drive.
6) Clean, inspect and lubricate governor linkage.
7) Inspect, rotate and equalize hoist and compensating cables. Inspect cable shackles and fastenings.
8) Check adjustment of roller/slide car and counterweight guides. Check bearings/liners and fastenings.
9) Inspect TM, slowdown, leveling and/or limit switches. 10) Clean and inspect all car and hoistway door contacts and interlocks. 11) Check door closing force. Check car and hoistway hangar rollers and adjust up thrusts.
12) Inspect door operator bearings and cams.
13) Clean and inspect governor tail sheave, compensating sheaves, compensation ropes and hitches and/or compensating chains, guides and hitches.
14) Clean and inspect car and counterweight buffers. Check buffer oil level and operation.
15) Perform any required fire service and emergency power testing.

d. Semi Annual:
1) Check control and main line fuses, voltage readings, motor and motor generator wire connections, overloads, armature clearance and brake cores. 2) Check motor overload devices, resistor and resistance connections. 3) Check car safety mechanism and governor rope hitch.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

e. Annual:
1) Drop brake shoes, clean, lubricate and adjust. Flush and replace worm gear oil.
2) Check all controller and selector terminals. Check and clean all fuse holders.
3) Check car frame, overhead, car and counterweight sheaves, sills and pit. 4) Perform annual lubrication of motor, motor generator and machine bearings, deflector, compound and compensating sheaves and governor tension sheave bearings. Check all fastenings.
5) Perform annual car safety test. Clean, inspect and lubricate governor and safety mechanisms. Check buffer oil level.
6) Adjust motor control and perform logic systems operation check. 7) Clean hoistway and hoistway equipment including guide rails, counterweights, hoistway door hangars, interlocks, closers, headers and related devices. Check all fastenings on guide rails, brackets and entrances. Check traveling cables.

f. Five year:
1) Perform full load governor, safety and buffer test.

2. Geared Passenger and Service
a. Each visit:
1) Ride each elevator and observe performance, leveling, floor stops, door opening and closing operation and noise.
2) Test safety edges, photo eyes, detectors, door open buttons, and alarm bell. 3) Check for proper car and hall button operation and all indicator illuminations and lantern operations.

b. Monthly:
1) Clean and inspect machine, controller, selector, motor, motor generator/SCR and governor.
2) Clean and inspect car top, operating switches, door operator and controls, car door hangers, gibs, detectors and/or photo eyes and safety edges.

Lubricate and adjust door operator and door accessory equipment. 3) Clean and inspect hoistway door hangers, interlocks, linkage, pick up assembly, door gibs, non-vision wing and hoistway switches. 4) Clean and inspect governor tension sheave, car and counterweight buffers, compensating sheave assembly.
5) Check hoist motor and motor generator commutators and brushes. Replace or reset as required.
6) Check for leaks and oil level in machine.
7) Perform any fire service and emergency power testing requested by ACC or required by law or any government agency with jurisdiction over the properties.
8) Perform car emergency lighting and battery test, emergency car communication system
9) Clean machine room, check commutators and brushes, clean and adjust controller and selector contacts and relays.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

10) Check car and hall fixture lamps, leveling and floor stops, alarm bell and emergency stop, inspect travel cable.
11) Perform any fire service and emergency power testing requested by ACC or required by law or any government agency with jurisdiction over the properties.
12) Perform car emergency lighting and battery test, emergency car communication system.

c. Quarterly:
1) Inspect rope shackles, car and counterweight guides, TM and slow down switches, adjust and lubricate as required, check emergency light. 2) Check and adjust brake. Inspect and lubricate pivot pins. 3) Clean and adjust controller and selector components including contacts, relays and timers. Check transformers and rectifiers. Vacuum or brush all controller and selector parts.
4) Check out complete safety circuit.
5) Check selector cables and/or tapes. Lubricate selector drive worm. Inspect selector drive.
6) Clean, inspect and lubricate governor linkage.
7) Inspect, rotate and equalize hoist and compensating cables. Inspect cable shackles and fastenings.
8) Check adjustment of roller/slide car and counterweight guides. Check bearings/liners and fastenings.
9) Inspect TM, slowdown, leveling and/or limit switches. 10) Clean and inspect all car and hoistway door contacts and interlocks. 11) Check door closing force. Check car and hoistway hangar rollers and adjust up thrusts.
12) Inspect door operator bearings and cams.
13) Clean and inspect governor tail sheave, compensating sheaves, compensation ropes and hitches and/or compensating chains, guides and hitches.
14) Clean and inspect car and counterweight buffers. Check buffer oil level and operation.
15) Perform any required fire service and emergency power testing.

d. Semi Annual:
1) Check control and main line fuses, voltage readings, motor and motor generator wire connections, overloads, armature clearance and brake cores. 2) Check motor overload devices, resistor and resistance connections. 3) Check car safety mechanism and governor rope hitch.

e. Annual:
1) Drop brake shoes, clean, lubricate and adjust. Flush and replace worm gear oil.
2) Check all controller and selector terminals. Check and clean all fuse holders.
3) Check car frame, overhead, car and counterweight sheaves, sills and pit. Annual lubrication of motor, motor generator and machine bearings, deflector, compound and compensating sheaves and governor tension sheave bearings. Check all fastenings.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

4) Perform annual car safety test. Clean, inspect and lubricate governor and safety mechanisms.
5) Check buffer oil level.
6) Adjust motor control and perform logic systems operation check. 7) Clean hoistway and hoistway equipment including guide rails, counterweights, hoistway door hangars, interlocks, closers, headers and related devices. Check all fastenings on guide rails, brackets and entrances. Check traveling cables.
f. Five year:
1) Perform full load governor, safety and buffer test.

3. Hydraulic Passenger and Service

a. Each visit:
1) Ride each elevator and observe performance, leveling, floor stops, door opening and closing operation and noise.
2) Test safety edges, photo eyes, detectors, door open buttons, and alarm bell. 3) Check for proper car and hall button operation and all indicator illuminations and lantern operations.
4) Check for leaks in power unit, hydraulic control valve, silencer, sound couplings and oil line.

b. Monthly:
1) Clean and inspect power unit, controller and motor. Check drive belt tension and condition.
2) Check for leaks and oil level in power unit. Clean power unit oil drip pan. 3) Clean and inspect car top, operating switches, door operator and controls, car door hangers, gibs, detectors and/or photo eyes and safety edges.

Lubricate and adjust door operator and door accessory equipment. 4) Clean and inspect hoist way door hangers, interlocks, linkage, pick up assembly, door gibs, non-vision wing and hoist way switches. 5) Clean and inspect hydraulic plunger, seals and packing. Check jack oil drip container.
6) Check guide rail lubrication drip containers in pit.

c. Quarterly:
1) Check motor and pump sheave alignment. Check motor and pump mounting fastenings.
2) Adjust hydraulic control valve. Clean hydraulic control valve strainers.

Check hydraulic control valve locking nuts, adjustment screws and mounting fastenings.
3) Clean and adjust controller components including contacts, relays and timers. Check transformers and rectifiers. Vacuum or brush all controller parts.
4) Check out complete safety circuit.
5) Check adjustment of roller/slide car guides. Check bearings/liners and fastenings.
6) Inspect TM, slowdown, leveling and/or limit switches.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

7) Clean and inspect all car and hoist way door contacts and interlocks. 8) Check door-closing force. Check car and hoist way hangar rollers and adjust up thrusts.
9) Inspect door operator bearings and cams

d. Semi Annual:
1) Check control and main line fuses, voltage readings and motor wire connections.
2) Check motor overload devices, resistor/resistance connections and starters, contactors and contacts.
e. Annual:
1) Check all controller terminals. Check and clean all fuse holders. 2) Check car frame, sills and pit.
3) Annual hydraulic pressure test. Check relief valve seal and tag valve with current test information, date test was performed and performing company name.
4) Perform logic systems operation check.
5) Clean hoist way and hoist way equipment including guide rails, hoist way door hangars, interlocks, closers, headers and related devices. Check all fastenings on guide rails, brackets and entrances. Check traveling cables.

4. Escalators

a. Each visit:
1) Inspect machine space and lower well.
2) Check steps.
3) Check and clean handrail.
4) Check comb teeth.
5) Check skirt guard.
6) Check lighting.
7) Inspect and lubricate step and drive chains.
8) Check and test start key switches and stop switches.

b. Monthly
1) Clean and inspect machine and controller.
2) Clean machine space and lower well.
3) Check stop buttons - top and bottom.
4) Check drive machine oil level.
5) Check comb plate - top and bottom.
6) Check handrails, guards and brushes - top and bottom. 7) Clean and apply friction reducing agent on step risers and skirt panels. 8) Check demarcation lighting.
9) Check and adjust handrail chains and drive.
10) Inspect step and drive chains and rollers.
11) Perform any fire service and emergency power testing requested by Owner or required by state law or any government agency with jurisdiction over the properties.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

c. Quarterly
1) Check main line disconnect and fuses,
2) Check condition of step chain guide.
3) Check reverse phase relay.
4) Check brake action and stopping distance.
5) Check handrail tension and drive.
6) Test safety switches on skirt panels and comb plate. 7) Test broken driving chain safety switch.
8) Test broken step chain safety switch.
9) Test handrail inlet safety switch.
10) Test skirt guard safety switch.
11) Test step running safety switch.
12) Test step wheel tire safety switch.

d. Semi Annual:
1) Check soffit guards.
2) Inspect balustrade panels for damage and fastenings. 3) Adjust magnet brake, gap adjustments between core and armature, adjustment or BSR (brake serial resistance).
4) Inspect and lubricate lower terminal gear guide.
5) Inspect and lubricate step bearing.
6) Inspect and lubricate each moving part of drive chain safety switch. 7) Check step surfaces and structural integrity.
8) Check play in steps and proper riser clearance.
9) Check running clearance between step and skirt panels. 10) Clean intermediate oil pan.

e. Annual:
1) Clean escalator well way drip pans and related equipment. 2) Inspect and lubricate drive motor bearings.
3) Inspect and lubricate driving machine.
4) Inspect and lubricate upper terminal gear bearing.
5) Clean and inspect step tracks.
6) Drop brake shoes, clean, lubricate and adjust.
7) Flush gear case, replace oil.
8) Check for proper running speed.
9) Check reversal stop switches for proper operation.
10) Check step up thrust device for proper operation.
11) Test drive motor overloads.
12) Perform safety tests.

F. SUBCONTRACTORS

1. The majority of the work as required herein and at the time the work is requested must be done by the awarded Contractor.

2. The work may not be subcontracted or sublet to another contractor unless the contractor has been listed on the bid form or properly substituted and authorized by CPM.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

G. EQUIPMENT INFORMATION

1. Elevators: 18
a. Hydraulic-7
b. Traction – 11

2. Escalators: 24

Elevators
Unit Drive Manuf Elevator Location State Number Type
Unit 1 Hydraulic Dover Hall D outside to Hall E dock 103410 Freight Unit 2 Hydraulic Dover Hall D roof to Hall E 097547 Passenger Unit 3 Traction Kone Level 3 to Hall E corridor 116987 Freight Unit 4 Traction Kone
Level 3 to Hall E lobby, Send, S
car 116863 Passenger
Unit 5 Traction Kone
Level 3 to Hall E lobby, Send N
car 116864 Passenger
Unit 6 Traction Kone Center Lobby, Level 1-3 121821 Passenger Unit 8 Hydraulic Dover CSF Level 1-3 095959 Passenger
Unit 9 Hydraulic Kone Kitchen Level 2-3 116865 Passenger/Freight Unit 10 Hydraulic Kone North Lobby, Level 1-M 121822 Passenger Unit 11 Hydraulic Dover Car Park 4 West car 097548 Passenger Unit 12 Hydraulic Dover Car Park 4 East car 097549 Passenger ACC N13 Traction Kone South East Levels 100-200 175230 Passenger ACC N14 Traction Kone South East 177035 Freight
ACC N15 Traction Kone South West 177036 Freight
ACC N16 Traction Kone Car Park 1 175185 Passenger
ACC N17 Traction Kone Car Park 1 175201 Passenger
ACC N18 Traction Kone Plaza Level South 177033 Passenger ACC N19 Traction Kone Plaza Level North 177032 Passenger

Escalators
Unit Manufacture Elevator Location State Number
Unit 1 Kone Lobby D/E West 121516
Unit 2 Kone Lobby D/E East 121517
Unit 3 Kone Level 1-2, Southwest 116867
Unit 4 Kone Level 1-2, Southeast 116868
Unit 5 Kone Level 1-2, Center west 116869
Unit 6 Kone Level 1-2, Center east 116870
Unit 7 Kone Level 1-2, Northwest 121826
Unit 8 Kone Level 1-2, Northeast 121827
City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

Unit 9 Kone Level 1-2, Southwest 116891
Unit 10 Kone Level 1-2, Southeast 116892
Unit 11 Kone Level 1-2, Center west 116893
Unit 12 Kone Level 1-2, Center east 116894
Unit 13 Kone Level 1-2, Southeast 103461
Unit 14 Kone Level 1-2, Northeast 103462
Unit 15 Kone Level 1-2, Southwest 103463
Unit 16 Kone Level 1-2, Southeast 103464
ACC N 17 Kone Plaza Level 175394
ACC N 18 Kone Plaza Level 175395
ACC N 19 Kone Plaza Level 175441
ACC N 20 Kone Plaza Level 175442
ACC N 21 Kone Plaza Level 177021
ACC N 22 Kone Plaza Level 177022
ACC N 23 Kone Plaza Level 177023
ACC N 24 Kone Plaza Level 177024
City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

EXHIBIT A

TABLE INDEX

Table 1: Priority Service
A. Note that the following lists is to prioritize the units that require service in order of listing. This will provide a sequencing so that adjacent units are not out of service at the same time or which units need to be restored to service in order of importance should there be multiple unit malfunctions, priority changes based on business demands, please see Move-In and Move-Out Days list and secondary Event Days list:

LN PRIORITY SERVICE ON MOVE-IN AND MOVE-OUT DAYS LEVEL
1 FREIGHT ELEVATOR: UNIT 3, UNIT 14, UNIT 15 1
2 ALL PUBLIC ELEVATORS AND ESCALATORS 2
3 ALL OTHER ELEVATORS 3

LN PRIORITY SERVICE ON EVENT DAYS LEVEL
1 ALL PUBLIC ELEVATORS AND ESCALATORS 1
2 FREIGHT ELEVATOR: UNIT 3, UNIT 14, UNIT 15 2
3 ALL OTHER ELEVATORS 3

Table 2: Required Response Times and Liquidated Damages A. Note that the liquidated damages are cumulative and may be in addition to other remunerations stated elsewhere in the bid specifications. Failure to respond in the required time or the occurrence of a violation will result in liquidated damages.

Hourly liquidated damages are not prorated and are charged beginning the 1st minute past of the violation:

VIOLATION: 24 hours/day;7
LN days/week; 52 weeks/year; holidays AMOUNT
inc.
per occurrence
1 In the event the Resident Mechanic is
not on site:

Entrapment: responder > 30 minutes on-
site
$300/HR
2 In the event the Resident Mechanic is
not on site:

Emergency: Imminent danger
Initial responder >60 minutes on-site
$300/HR
3 In the event the Resident Mechanic is
not on site:

Urgent: Equipment Malfunction during or
prior to event: Critical: >40 minutes on-
site
$300/HR
4 Routine response: >3 working days $150.00 Per Occurrence City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

5 Defective Material Replacements: >5
working days
$250.00 Per Occurrence
6 Required Work: missed or late (other
than above)
$250.00 Per Occurrence
7 Safety violation $500.00 Per Occurrence
8 Damages violation $500.00 Per Occurrence

Table 3: Holidays
A. Work that falls during holidays must still be performed by Contractor and is not subject to any premium (overtime, etc.) rates.

LN DATE EVENT
1 January 1 New Year’s Day
2 Third Monday in January Martin Luther King’s Birthday 3 Third Monday in February President’s Day
4 Last Monday in May Memorial Day
5 July 4 Independence Day
6 First Monday in September Labor Day
7 November 11 Veteran’s Day
8 Fourth Thursday in November Thanksgiving Day
9 Friday after Thanksgiving
10 December 25 Christmas Day

Table 4: Labor Rates, Days, and Hours
A. Rates apply per the days and hours below regardless of Contractor’s normal hours of operations (only for City-required extra work beyond original SOW):

LN DESCRIPTION DAYS HOURS
1 LABOR: REGULAR TIME M, T, W, Th, F, Sa, Su 7:00 am to 4:00 pm 2 LABOR: OVERTIME M, T, W, Th, F, Sa ,Su 4:01pm to 6:59 am 3 LABOR: DOUBLE-TIME IUEC* recognized
holidays

ALL DAY
City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

ATTACHMENT B

PRICNG, PAYMENT AND COMPENSATION

1. Compensation: This is a fixed fee Contract between City and Contractor for Vertical Transportation Equipment Preventative Maintenance and Repairs as set forth in Attachment A, “Scope of Work”.

Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by Contractor of all its duties and obligations hereunder. Contractor shall only be compensated as set forth herein for equipment, supplies, and accessories provided in accordance with the Scope of Work. City shall have no obligation to pay any sum in excess of the fixed rates specified herein unless authorized by amendment in accordance with Articles “C” Amendment and “P” Changes, of the City’s Contract Terms and Conditions.

2. Pricing List: Fees quoted below shall be all inclusive of all labor, services, skills, supervision, delivery, mileage, fuel surcharge, travel time, materials, necessary tools, routine equipment and for any unreasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder. a. Price Agreement: Pricing for the initial three -year base period shall remain fixed. The price for renewal years shall be negotiated but shall not exceed the change in the Consumer Price Index (CPI) for the most recent available month for the LA -Long Beach-Anaheim, CA region. Non-labor cost increases shall be based on the CPI for All Urban Consumers, while labor cost increases shall be based on the CPI for Urban Wage Earners and Clerical Workers. Pricing must remain fixed within each renewal year. b. In the event of future changes in government -mandated wages (i.e. increase in the minimum wage or prevailing wage requirements, if applicable) that result in the Contractor’s employees being paid less than the newly required hourly rate(s), the Contractor’s labor charges may be adjusted to bring the employee wages up to the newly required minimum. Documentation must be provided to support the previous actual hourly rates and the requested adjustment to new rates. Cost increases will be limited to direct pass-through of Contractor’s wage increase amount.

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

3. The Contract not-to-exceed amounts are as follows: $3,589,918.00 for the initial three -year base period; $1,196,639.33 per renewal year, if exercised; with a total cumulative not -to- exceed amount of $8,376,475.32 over the full contract term, which include s the three year base period and up to four additional one-year renewal options.

4. Firm Discount and Pricing Structure: Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Contractor agrees that no price increases shall be passed along to City during the term of this Contract not otherwise specified and provided for within this Contract.

5. Payment Terms: Payment will be net thirty (30) calendar days after receipt of an invoice in a format acceptable to the City. Invoices will be verified and approved by the City and subject to routine processing requirements. The responsibility for providing an acceptable invoice to the City

City of Anaheim
Anaheim Convention Center
Vertical Transportation Equipment
Preventative Maintenance and Repairs

106- 498542

for payment rests with Contractor. Incomplete or incorrect invoices are not acceptable and will be returned to Contractor for correction.

Billing shall cover services and/or goods not previously invoiced. Contractor shall reimburse City of Anaheim for any monies paid to Contractor for goods or services not provided or when goods or services do not meet Contract requirements.

Payments made by City shall not preclude the right of City from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.

6. Taxpayer ID Number: Contractor shall include its taxpayer ID number on all invoices submitted to City for payment to ensure compliance with IRS requirements and to expedite payment processing.

7. Payment – Invoicing Instructions: Contractor will provide an invoice on Contractor’s letterhead for goods delivered and/or services rendered. In the case of goods, Contractor will leave an invoice with each delivery. Each invoice will have a number and will include the following information:
a. Contractor’s name and address
b. Contractor’s remittance address, if different from the one above c. Contractor’s Taxpayer ID Number
d. Name of City Agency/Department
e. Delivery/service address
f. Contract # 106- 498542
g. Agency/Department’s Account Number
h. Date of order
i. Product/service description, quantity, and prices
j. Sales tax, if applicable
k. Freight/delivery charges, if applicable
l. Total
m. Refer to Scope of Work Requirements, Item#10- Work Order and Invoice Procedure for additional invoicing requirements.