Beverly Hills City Council
August 2, 2022

AGENDA REPORT
Meeting Date: August 2, 2022
Item Number:

To:

D-3
Honorable Mayor & City Council
From: Michael Hensley, Deputy Director of Public Works, Operations Craig Crowder, Fleet & Facilities Manager
Judi Tamasi, Senior Management Analyst
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND LIFTECH ELEVATOR SERVICES, INC. FOR MAINTENANCE
SERVICE FOR CITY ELEVATORS AND LIFTS; AND

APPROVAL OF A PURCHASE ORDER FOR FISCAL YEAR
2022/23 IN THE NOT-TO-EXCEED AMOUNT OF $593,365; AND

AUTHORIZE THE CITY MANAGER TO APPROVE FUTURE

PURCHASE ORDERS AND CHANGE PURCHASE ORDERS IN

AN AMOUNT NOT TO EXCEED THE TOTAL VALUE OF THE

AGREEMENT
Attachments: 1. Agreement

RECOMMENDATION
Staff recommends that City Council move to approve an agreement between the City of Beverly Hills and Liftech Elevator Services, Inc. for maintenance service for City elevators and lifts, approve a purchase order for Fiscal Year 2022/23 in the not-to-exceed amount of $593,365, and authorize the City Manager to approve future purchase orders and change purchase orders in an amount not to exceed the total value of the agreement.

INTRODUCTION
The City provides building maintenance services to approximately 65 buildings and facilities with a total area of approximately 3,200,000 square feet. The Public Works Department maintains these buildings using a combination of City staff and service providers through ongoing maintenance agreements and capital projects. Since 2016, Liftech Elevator Services, Inc. (“Liftech”) has been providing elevator maintenance services to the City’s elevators and lifts. The City recently completed a competitive bidding •

BEVERLY
HILLS
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Meeting Date: August 2, 2022

process for this service. Based on a review of the proposals and interviews with top proposers, staff recommends the City enter into an agreement with Liftech for these services.

DISCUSSION
In 2016, City Council approved entering into an agreement with Liftech Elevator Services, Inc. for maintenance services on all City elevators and lifts. City Council approved Amendment Nos. 337-18 and 308-20 to the original Agreement No. 294-16. City Council also approved Amendment No. 3 on May 24, 2022 (Agreement #317-22), extending the termination date and increasing the consideration to provide coverage for this critical facilities maintenance service during the competitive bidding process.

The Agreement provides for ongoing maintenance and as-needed service for vertical transportation equipment at City–owned facilities. Such vertical transportation equipment includes 56 elevators, three escalators, six wheelchair lifts and one dumbwaiter located at Greystone Mansion. Liftech works throughout the City, including at City-owned and City- occupied buildings (e.g., City Hall, Library, Police Department, etc.), parking structures and tenant facilities. The contractor provides a full-time dedicated Liftech employee who conducts ongoing maintenance service, such as, scheduled preventative maintenance and implements other unplanned work on an as-needed basis.

The City’s elevator consultant, HKA Elevator Consulting, Inc. (“HKA”) assisted with refining the requirements in the detailed scope of services from the current agreement, including the preventative maintenance frequency and task schedules. On March 17, 2022, the City published Request for Proposal 22-350-29 for Maintenance Service for City Elevators and Lifts (“RFP”). City staff and a representative from HKA hosted site visits for interested proposers on April 5, 2022, to some of the City’s elevators, escalators and wheelchair lifts. Four proposals were received by the deadline of April 29, 2022. After review and consideration of the proposals in light of the evaluation criteria, City staff interviewed two contractors: Liftech and Otis Elevator Company.

Two proposals for a full-time mechanic were as follows:  Liftech, with a 40 hours per week mechanic and an 8 hours per week apprentice, at a price of $42,000 per month; and
 Otis Elevator Company, with one full-time dedicated mechanic, at a price of $39,500 per month (hours of mechanic versus apprentice not specified in proposal).

Evaluation criteria identified in the RFP included:  Meeting the qualifications in the Scope of Services.  Completeness of proposal documents.  Understanding the background and requirements of the Scope of Services.  Relative allocation of resources to key tasks. Education and experience of proposed personnel. Expertise, competence, experience, performance, solvency and responsiveness.  Responsiveness of proposal to specifications in the RFP.  Demonstrated success and years of experience.  Cost and compensation.

Meeting Date: August 2, 2022

Based on Liftech’s qualifications, experience, cost, responsiveness to the specifications, including those for Department of Industrial Relations (DIR) apprentice hours, history of compliance with DIR, and other evaluation criteria, staff concluded that Liftech provided the most responsive proposal. In addition, Liftech has performed modernizations on many City elevators over the years. Staff believes that it is a benefit to have the same vendor perform the maintenance following completion of modernizations, as the vendor is already familiar with the equipment and functionality of the upgraded elevator. Staff recommends the City enter into a new agreement with Liftech for maintenance service for City elevators and lifts. Liftech’s proposed monthly rate, as indicated above, was $42,000 and is less than the monthly rate under the current agreement, which is $46,162. The proposed Agreement has a termination date of June 30, 2023, with the option of four one-year extensions and the total consideration amount of $3,349,329 includes the following components covering the five-year term:  $42,000 monthly rate, to include a full-time elevator mechanic, plus any additional helper and/or apprentice hours, as required.  Maximum 3% annual contract escalation.  Projected consideration amount for “as-needed” services.  Projected amount for any contingencies.

FISCAL IMPACT
Funding for the proposed $593,365 Fiscal Year 2022/23 purchase order comes from the Facilities Maintenance (Fund 405) and Parking Services (Fund 810) operating budgets and does not require additional appropriations.

Shana Epstein,
Director of Public Works
Approved By
Attachment 1
B0785-0001\2691729v1.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
LIFTECH ELEVATOR SERVICES, INC. FOR MAINTENANCE

SERVICE FOR CITY ELEVATORS AND LIFTS
NAME OF CONTRACTOR: Liftech Elevator Services, Inc.

RESPONSIBLE PRINCIPAL OF CONTRACTOR: Daniel M. Simon, President CONTRACTOR’S ADDRESS: 2897 Gardena Avenue
Signal Hill, CA 90755
Attention: Daniel M. Simon, President
CONTRACTOR’S E.I.N/TAX I.D. NO.: 55-0846252
CITY’S ADDRESS: City of Beverly Hills
345 North Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: Upon Written Notice to Proceed
TERMINATION DATE: June 30, 2023, unless extended pursuant to Section 2 of the Agreement
CONSIDERATION: Not to exceed $3,349,329, as set forth
below and more particularly described in
Exhibit B
DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 2 B0785-0001\2691729v1.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
LIFTECH ELEVATOR SERVICES, INC. FOR MAINTENANCE

SERVICE FOR CITY ELEVATORS AND LIFTS
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”) and Liftech Elevator Services, Inc. (hereinafter called “CONTRACTOR”).

RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Services”), attached hereto and incorporated herein.

B. CONTRACTOR represents that it is qualified and able to perform the Scope of Services.

NOW, THEREFORE, the parties agree as follows:

Section 1. Scope of Services.
(a) CONTRACTOR’s Scope of Services. CONTRACTOR shall perform the Scope of Services described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Services. Any changes in the Scope of Services by CONTRACTOR must be made in writing and approved by both parties. The cost of any change in the Scope of Services must be agreed to by both parties in writing. The City Manager on behalf of CITY is authorized to execute change purchase orders in compliance with the terms of the Agreement. The City Manager or his designee is authorized to modify the Scope of Services, including staffing changes.
(b) CITY shall have the right by written notice to CONTRACTOR, to change any part of the Scope of Services at any time. In such event, those changes shall be reviewed by CITY’s Director of Public Works or her designee for impacts to the cost of the work, and CITY may authorize an increase or decrease in cost in writing in accordance with the provisions of this Agreement.
(c) If CONTRACTOR desires to make any change, CONTRACTOR must submit a written request for that change to CITY, which is subject to the written approval of CITY’s Director of Public Works or her designee. A corresponding equitable change in the agreed-to compensation for this additional work must be agreed upon by the parties in writing.

Section 2. Time of Performance.

CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CONTRACTOR shall complete the performance of services by the Termination Date set forth above.

The City Manager or his designee may extend the time of performance in writing for four additional one-year terms or such other term not to exceed four years from the date of termination pursuant to the same terms and conditions of this Agreement.

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 3 B0785-0001\2691729v1.doc
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B. (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).

There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONTRACTOR to perform additional services not included in the Scope of Services. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

Section 4. Method of Payment. CITY shall pay CONTRACTOR said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Independent Contractor. CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONTRACTOR without the prior written approval of CITY. Any attempt by CONTRACTOR to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 7. Use of Subcontractors. CONTRACTOR may not employ subcontractors to perform services under the Agreement without the prior written approval of CITY’s Director of Public Works or her designee.

Section 8. Responsible Principal(s)
(a) CONTRACTOR’s Responsible Principal set forth above shall be principally responsible for CONTRACTOR’s obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 9. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR’s Scope of Services under this DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 4 B0785-0001\2691729v1.doc
Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Services.

Section 10 Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 11. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR.

Section 12. Insurance and Bonds.

I. Insurance.
(a) CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONTRACTOR in performing the Scope of Services required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(b) CONTRACTOR shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming CITY as an additional insured.

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 5 B0785-0001\2691729v1.doc
(f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONTRACTOR and its insurance carriers.

II. Performance and Payment Bonds.

CONTRACTOR shall submit to CITY performance and payment bonds yearly in the annual amount of the Agreement. CONTRACTOR shall adhere to all performance and payment bonding requirements required for admitted California sureties. Additionally, the required payment and performance bonds shall be filed on the forms attached hereto as Exhibits D and E, and incorporated herein by this reference and subject to the written approval of the City Attorney.

CONTRACTOR shall file with the City Clerk an original copy of each bond, duly certified by the proper authority and attested by the seal of the corporation, and the transcript or record of appointment entitling or authorizing the person or persons purporting to execute the bond for and on behalf of such corporation.

Section 13. Indemnification.
(a) CONTRACTOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR or any person employed by CONTRACTOR in the performance of this Agreement.
(b) All duties of CONTRACTOR shall survive termination or expiration of the Agreement.

Section 14. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 6 B0785-0001\2691729v1.doc
CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.

Section 15. Prevailing Wage. CITY and CONTRACTOR acknowledge that this project is a public work to which prevailing wages apply. CONTRACTOR shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit F, attached hereto and incorporated herein by this reference Section 16. CITY’s Responsibility. CITY shall provide CONTRACTOR with all pertinent data, documents, and other requested information as is available for the proper performance of CONTRACTOR’s Scope of Services.

Section 17. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONTRACTOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 18. Records Retention and Examination. CONTRACTOR shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONTRACTOR shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.

CONTRACTOR shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONTRACTOR shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONTRACTOR must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

Section 19. Nondiscrimination by CONTRACTOR. In the performance of this Agreement, CONTRACTOR assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 7 B0785-0001\2691729v1.doc
Section 20. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 21. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 22. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.

Section 23. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 24. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 25. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 26. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

EXECUTED the day of 20___, at Beverly Hills,
California.
[Signatures on following page]
DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 8 B0785-0001\2691729v1.doc

CITY OF BEVERLY HILLS
A Municipal Corporation
By:

LILI BOSSE
Mayor
ATTEST:

By:

HUMA AHMED
City Clerk
CONTRACTOR: Liftech Elevator Services,
Inc.

By:

DANIEL M. SIMON
President
By:

MICHAEL PERKINS
Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

By: By:

LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
By:

SHANA E. EPSTEIN
Director of Public Works
By:

MICHAEL V. HENSLEY
Deputy Director of Public Works –
Operations
By:

SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 9 B0785-0001\2691729v1.doc

EXHIBIT A

SCOPE OF SERVICES
I. SCOPE OF SERVICES
PART 1 GENERAL

1.1 CONTRACTOR'S DUTIES
a. This Scope of Services establishes the minimum requirements (except as provided in Section 3.5 of this Exhibit) for a full-time full preventive maintenance program on all CITY Vertical Transportation Equipment (“Services”).
b. The basic Services to be performed by CONTRACTOR under this Agreement shall consist of, but are not limited to, furnishing all material, labor, tools, transportation and equipment necessary to provide full preventive maintenance service, lubrication, adjusting, cleaning, repairs, testing, reports, parts and trouble call service on the Vertical Transportation Equipment listed on the Equipment Listing Table, Attachment 1 to Exhibit A.

From time to time, CITY may require CONTRACTOR to perform “as-needed” work to be covered under the standard maintenance agreement without an addendum or amendment.
c. All Vertical Transportation Equipment maintained by CONTRACTOR is or will be accepted by CONTRACTOR in its “as is” condition.
d. Any Basic Services not specifically mentioned in this Exhibit, Scope of Services, and Preventive Maintenance Frequency and Task Schedules, Attachment 2 to Exhibit A, but which are needed to make the maintenance complete within the intent of this Agreement shall be performed at no additional cost to CITY. e. CONTRACTOR shall perform, coordinate and complete the requirements of this Agreement, in cooperation with any other contractors or trades then doing work, promptly, diligently, and in a competent manner to the full and complete satisfaction and acceptance of CITY. CONTRACTOR shall perform the requirements of this Agreement in a manner that will not impede or obstruct the ongoing business activities of any tenants or residents at the Property.
f. CONTRACTOR shall have a member of its supervisory personnel, regularly engaged in inspection and supervision, visit each Vertical Transportation Equipment Unit (“Unit”) at least semiannually 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. CONTRACTOR’s supervisor shall schedule each visit with CITY and will provide a written report, per Section 3.12(b) of this Scope of Services. g. CONTRACTOR agrees that, in the event of any Vertical Transportation Equipmentrelated accident or problem of any kind, such as an injury to any employee or the general public, fire, unwanted fire alarm/detector activation, stuck elevator, DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 10 B0785-0001\2691729v1.doc
entrapment, major mechanical damage/failure during equipment servicing, CONTRACTOR shall immediately notify CITY and thereafter furnish a full written report of such accident to CITY within ten (10) business days of such occurrence. h. Unless otherwise specified, all materials used by CONTRACTOR in performance of the Services shall be new and subject to approval of CITY. CONTRACTOR shall, upon request by CITY, promptly furnish CITY with satisfactory evidence as to the kind and quality of materials.

1.2 CONDUCT OF SERVICES
a. Coordination with Others; Service Call Report Log. CONTRACTOR shall coordinate the Services with the work or services provided by any other contractors, vendors and suppliers of CITY as directed by CITY. In the event CITY notifies CONTRACTOR in writing that, in CITY’s judgment, it is necessary that CONTRACTOR delay its Services in order that work or services of other contractors may proceed, CONTRACTOR shall be free of responsibility for such delay. Prior to commencing Services at each CITY property (“Property”), CONTRACTOR shall cause all CONTRACTOR’s Representatives performing such Services to sign in on the “Vertical Transportation Equipment Service Call Report Log.” This call report log shall be maintained at the Property where Services are performed.
b. CONTRACTOR’s Personnel. All Services provided by CONTRACTOR hereunder shall be performed, at a minimum, by a sufficient number of skilled, trained, licensed, and experienced journeyman-level elevator service mechanics and repairmen directly employed by CONTRACTOR, who are permanently assigned to support the implementation of Services under this Agreement for maintenance and repair work and who shall be trained and qualified to keep the elevators, escalators and controls properly adjusted and repaired (with the exception of helpers and/or apprentices who need not be so qualified, but may only work alone per the International Union of Elevator Constructors Agreement, if applicable). CITY has approved the personnel listed in Attachment 3 to Exhibit A.

If the Director of Public Works requests the replacement of an employee of CONTRACTOR who is performing work pursuant to this Agreement, CONTRACTOR shall comply with this request immediately or within the number of days prescribed by CITY to replace such employee. The Director of Public Works reserves the right to have any employee of the CONTRACTOR’s removed from this project at any time. c. Supervision. CONTRACTOR shall diligently direct the performance of the services and shall, at all times, provide adequate and expert managerial and administrative supervision for its employees and all other CONTRACTOR’s Representatives.

CONTRACTOR shall also provide sufficient backup personnel in times of staff shortages due to vacations, illnesses and inclement weather. d. Repair of Damage. CONTRACTOR shall be responsible for its acts and the acts of all CONTRACTOR Representatives while on any Property. Accordingly, CONTRACTOR agrees to take all necessary measures to prevent injury and loss to persons and property located on the Property, and shall be responsible for all damages to persons or property caused by CONTRACTOR or CONTRACTOR Representatives. CONTRACTOR shall, at its sole cost and expense, promptly repair DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 11 B0785-0001\2691729v1.doc
(after review and approval by CITY of CONTRACTOR’s proposed repair plan) any damage that it or any CONTRACTOR Representatives may cause to any property or equipment to the satisfaction of CITY. If CONTRACTOR fails to repair any damage in prompt and timely fashion, CITY may repair such damage and bill CONTRACTOR for same. CONTRACTOR shall reimburse CITY for the costs incurred by CITY in causing such repairs within ten (10) business days of CONTRACTOR’s receipt of CITY’s invoice for the cost of such repair work.
e. CITY Evaluations; Corrective Work. CITY reserves the right to make evaluations and tests as are necessary to ascertain that the requirements of this Agreement are being fulfilled. CITY’s right to make evaluations or tests may be exercised by its designated elevator consultant who will, if CITY so advises, have the same authority to evaluate and test the Vertical Transportation Equipment performance covered under this Agreement. CONTRACTOR shall furnish personnel and tools necessary to conduct such tests at no additional cost to CITY. These evaluations may be made on a basis as reasonably determined by CITY, or its designated elevator consultant, during the term of this Agreement. Any deficiencies found during any such evaluation shall be provided to CONTRACTOR and CONTRACTOR shall promptly correct any such deficiency at CONTRACTOR’s expense. If CONTRACTOR fails to diligently perform any required corrective work in a manner satisfactory to CITY within ten (10) business days of CONTRACTOR’s receipt of any such deficiency report or after ten (10) business days written notice to CONTRACTOR, CITY may hire another company to perform this work. CONTRACTOR shall reimburse CITY for any expenses incurred by CITY in exercising CITY’s rights under this Section, within ten (10) business days of receipt of CITY’s invoice, unless CITY elects to deduct the costs incurred by CITY in effecting the corrective work from any sum owed to CONTRACTOR.

Any requested tests will be provided, and any reported deficiencies will be corrected at CONTRACTOR’s expense so long as the tests and deficiencies relate to the Vertical Transportation Equipment being maintained by CONTRACTOR. f. Qualifications. CONTRACTOR represents that (i) it has the knowledge, experience, technical knowhow and financial ability to perform the Services and comply with CONTRACTOR’s obligations under this Agreement entered pursuant hereto, (ii) it has one or more local service offices in such locations as to give it the ability to answer a service call within the response times specified in Section 4.2 of the Scope of Services or elsewhere in this Agreement, (iii) it has the financial and technical resources, personnel, parts and tools necessary to maintain the Vertical Transportation Equipment to its original design capabilities based on the condition of the Vertical Transportation Equipment and all technical information available on this Agreement Date, (iv) it has obtained (or shall obtain) at its expense, all permits and licenses required to perform the Services, including but not limited to a C-11 elevator license and any necessary business licenses required by the cities or counties where the Units are located, and will maintain such permits and licenses current and valid during this Agreement Term, and (v) all of CONTRACTOR’s employees, agents, representatives, subcontractors, invitees and any other parties who perform any portion of the Services under the control of CONTRACTOR or its subcontractors or for whose acts any of the foregoing may be liable (collectively, “CONTRACTOR’s Representatives”) performing any portion of the Services for which a license is required shall hold current licenses at all times during which such persons are performing Services.

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PART 2 RECORDS AND SCHEDULED MAINTENANCE

2.1 SCHEDULES, RECORDS, AND REQUIRED HOURS
a. Routine Service. Routine service of all Vertical Transportation Equipment shall consist of examination, minor adjustment, cleaning and lubrication of such equipment. Any repair or replacement of Vertical Transportation Equipment is considered as additional time beyond that required for routine service. CONTRACTOR shall provide routine servicing of Vertical Transportation Equipment based on the following minimum frequency (or more frequently if determined to be necessary by CITY or CONTRACTOR):

Equipment Type Service
Frequency
Time Expended per Visit
Traction Elevator Twice Monthly 1.5 Hours
Hydraulic Elevator Once Monthly 1.25 Hours
Escalator Twice Monthly 1.5 Hours
Dumbwaiter/Wheelchair Lifts Quarterly 1 Hour
b. Services Schedule. CONTRACTOR shall provide a Service schedule chart (the “Services Schedule”), and shall keep a copy of same in each machine room for each piece of Vertical Transportation Equipment serviced by CONTRACTOR. c. Specific to Equipment. Services Schedules shall be designed for each type of Vertical Transportation Equipment to be serviced, such as gearless elevators, hydraulic elevators, escalators, etc., and shall conform to the manufacturer’s recommended practice for the particular Vertical Transportation Equipment concerned.

The Service Schedules shall show the kind and frequency of service and lubrication proposed by CONTRACTOR for the duration of this Agreement. d. Performance of Maintenance. All inspections, lubrication, adjustments, tests, cleaning, routine repairs and other preventive maintenance activities shall be performed in accordance with the Services Schedules submitted by CONTRACTOR. e. Sign In; Approval by CITY. Service Schedules posted shall be of the chart type, and shall be initialed by the mechanic when each scheduled inspection is performed.

The form of each Service Schedule must be approved by CITY. f. Non-Routine Service Log. CONTRACTOR shall also maintain an accurate and complete log of all Services performed in addition to routine service at each location.

These logs shall include call back service describing the nature of all complaints and their resolution. The logs shall be kept in the equipment rooms of each Unit. g. Maintenance History. CONTRACTOR shall maintain, in each machine room, callback and repair data on each Unit and a record of routine maintenance examinations performed on each Unit during the term of this Agreement and shall make records available to CITY upon demand.
h. Callbacks. A “Callback” is defined as any unscheduled shutdown of the Vertical Transportation Equipment.
i. Entrapments. An “Entrapment” is defined as any shutdown of the Vertical DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 13 B0785-0001\2691729v1.doc
Transportation Equipment that is occupied with passengers at the time of CITY’s notification of the shutdown to CONTRACTOR.
j. Extractions. CITY 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 hoistway. 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 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, CITY assumes no responsibility for CONTRACTOR’s failure to comply with the above policy, and CONTRACTOR shall be solely responsible for any consequences that may arise.

2.2 WORK HOURS; CHECKING IN AND OUT
a. Unless otherwise specified in this Agreement, all Services under this Agreement will be performed during the following hours: Monday through Thursday 7:30 A.M. to 5:30 P.M. and Friday 8:00 A.M. to 5:00 P.M. (“Regular Hours”). If the normal assigned service technician is gone for the day, entrapments and/or operational issues are covered by service technicians in adjacent routes at no cost to CITY. CONTRACTOR shall designate a full time elevator mechanic to perform on-site preventive maintenance procedures for all Vertical Transportation Equipment, exclusive of emergency callback service, emergency repairs, and scheduled repairs or safety tests assigned to separate repair personnel. If Basic Services included within the Basic Fee described in this Agreement are required to be performed outside of Regular Hours, CITY will pay only the difference between the regular hourly billing rate and the overtime hourly billing rate as reflected in the Rate Schedule contained in this Agreement (the “Differential Billing Rate”).
b. CONTRACTOR’s Representatives shall provide a week look-ahead schedule to CITY’s Fleet and Facilities Manager (“Facilities Manager”) one full week prior so to allow the Facilities Manager time to submit notifications. This requirement applies to regular maintenance, repair, and extra services. CITY shall provide CONTRACTOR’s personnel with a list of any reported problems requiring CONTRACTOR’s attention. CONTRACTOR shall use the Vertical Transportation Equipment Service Call Report Log and Maintenance Log where Services are to be performed as a guide to create the look-ahead schedule.

PART 3 MAINTENANCE REQUIREMENTS

3.1 MAINTENANCE AND REPAIR
CONTRACTOR shall maintain all Vertical Transportation Equipment in proper and safe operating condition. All preventive maintenance, lubrication, cleaning and adjusting shall DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 14 B0785-0001\2691729v1.doc
meet the standards established by the original equipment manufacturer or dictated by the use of the Vertical Transportation Equipment. CONTRACTOR shall not limit the servicing requirements necessary to maintain the Vertical Transportation Equipment in safe and top operating condition. The components of the Vertical Transportation Equipment maintained under this Agreement shall include, but not be limited to, the following:
a. Machines, including worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, drive chains, brake pulleys and all other components and parts of the machine and brake.
b. Hoist and governor ropes, including tension equalization. c. Hoist motors, including motor windings, solid state power conversion drives, rotating elements, including commutators, bearings and all other related components and parts.
d. Motor windings, which shall be treated as needed with proper insulating compound that has been approved by the motor manufacturer.
e. Controllers, encoders, transducers, selectors and dispatching equipment, including all relays, solid state and microprocessor 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.
f. Pump units (motors and pumps), including motors belts, sheaves or pulleys, valves, seals, mufflers, heating and cooling elements, tank, tank oil, exposed pipes, shut-off valves and all other components of the pump unit.
g. Plungers, packing, seismic over-speed valves, scavenger pumps, and hydraulic system oil and all above ground piping and connections. h. 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 CITY, regardless of whether CONTRACTOR is able to obtain the identical replacement. Furthermore, CITY has the option to request that all failed starters be replaced with Electronic Solid State Starters at no additional cost to CITY.
i. 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 counterweight guide rails (excluding replacement), top and bottom limit switches, governor tension sheave assembly, compensating sheave assembly, counterweight guide shoes, rollers and liners, inductors, cams and tapes and all other related components and parts.
j. Hoistway door interlocks, hoistway door hangers and rollers, bottom door gibs, door closing devices and all other related components and parts. Step rollers, handrail guide rollers, comb teeth and handrails.

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k. Door operators, including door drive chains, sheaves, belts, car door hangers, rollers and up thrusts, car door contacts, door protective devices, bottom door guides and all other related components and parts.
l. 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 CITY, regardless of model, type, and manufacturer.
m. Communication devices, which shall be covered at all times. If an elevator phone or intercom fails, it shall be replaced at no additional cost to CITY, regardless of model, type, and manufacturer.
n. Load-weighing equipment, car frames, platforms, elevator car roller guides and all other components and parts.
o. Alarm bells, emergency stop switches, emergency car lights and batteries and all other related components and parts.
p. 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.
q. Car, hoistway and machine room wiring, upper and lower pit areas, including traveling cables.
r. All operating features and functions, including firefighters’ service, emergency power operation and Independent Service, including the operating switches for those features and functions.

3.2 ADDITIONAL MAINTENANCE AND REPAIR OBLIGATIONS
In addition to maintenance of the Vertical Transportation Equipment described above, CONTRACTOR shall be responsible for the following:
a. Should conditions warrant, CONTRACTOR shall immediately repair or replace any and all components of the Vertical Transportation Equipment to maintain safe operating conditions. When such Services are determined not to be CONTRACTOR’s responsibility, CONTRACTOR shall notify CITY in writing for further action, with the exception of a safety or potential safety situation (in which case CONTRACTOR shall take immediate corrective action).
b. At CITY’s reasonable request, CONTRACTOR will provide a hall call traffic analysis report on any or all Vertical Transportation Equipment. The analyzer shall be capable of gathering and printing information about the Vertical Transportation Equipment performance and group operation.
c. CONTRACTOR shall maintain the machine rooms, hoistways, pits, trusses, car tops and other Vertical Transportation Equipment in a clean condition.

CONTRACTOR shall paint the equipment as needed to maintain a professional appearance, prevent rusting, and preserve the equipment. Machine room and pit floors shall be painted every two years and kept clean.

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d. CONTRACTOR is responsible for the preventive maintenance, repair and replacement of all Vertical Transportation Equipment, except for those items listed under Exclusions (in Section 3.5 below).
e. If the Vertical Transportation Equipment is equipped with on-board diagnostics utilizing digital status indicators, the following shall apply:
(1) These status indicators are sufficient for almost all maintenance and fault finding diagnostic needs by a capable elevator mechanic. In the event that a company other than CONTRACTOR maintains the elevators, 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 CITY within three (3) business days, based on the Rate Schedule contained in this Agreement (and subject to established annual escalations).
(2) CONTRACTOR shall furnish its standard CITY’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.
(3) If CONTRACTOR is not performing the maintenance on the Vertical Transportation Equipment, CONTRACTOR shall make parts available to CITY. Parts shall 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 leadtimes. Proprietary parts shall be made available on an exchange basis. Parts pricing will be per CONTRACTOR’s and CITY’s agreed-upon pricing. (4) The obligations under this subsection 3.2(e) will survive any termination of this Agreement.

3.3 HOUSEKEEPING
a. During the first six (6) months of maintenance services provided by CONTRACTOR under this Agreement, CONTRACTOR shall thoroughly clean all Vertical Transportation Equipment hoistways, pits, trusses, car tops, and controller interiors, including filters and machine rooms. In addition, during the same period of time, all car and hoistway door tracks, hangers, interlocks and closers shall be cleaned, lubricated and adjusted. CONTRACTOR shall perform additional cleaning on an ongoing basis and at the following minimum intervals (or sooner where conditions warrant):
(1) Quarterly: Elevator car tops, elevator and escalator pits, and machine rooms; and
(2) Semiannually: Elevator hoistways and door equipment. b. The exterior of the machinery and any other parts of the Vertical Transportation Equipment subject to rust shall be properly painted and presentable at all times. The motor windings and controller coils are to be periodically treated with proper insulating DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 17 B0785-0001\2691729v1.doc
compound. CONTRACTOR shall keep CITY Vertical Transportation Equipment machinery rooms clean.

3.4 SPECIAL TESTS
a. CITY 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. CITY and CONTRACTOR shall arrange for mutually acceptable dates to perform the tests.

CITY will test the emergency power operation and, if elevator system fails, CONTRACTOR shall make corrections and retest.
b. CONTRACTOR shall periodically examine CITY elevator safety devices and governors and conduct an annual no-load test and shall, during the term of this 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 elevator car balance shall be checked electrically and the governor set. If required, the governor shall be recalibrated and sealed for proper tripping speed. CITY 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. CONTRACTOR shall create a form for each CITY elevator describing tests performed and deliver a signed copy to CITY after a successful test has been concluded. This form will also describe any malfunctions along with any corrective action taken. d. All required testing shall be performed at CONTRACTOR’s expense. e. In addition to the above requirements, this CONTRACTOR shall perform all Periodic Testing as required by the latest version of ASME A17.1 Section 8.11 adopted by the State of California. All Testing shall conform to the testing intervals as outlined in ASME A17.1 Table N-1.

3.5 EXCLUSIONS: The following work is excluded from the scope of Services and is not the responsibility of CONTRACTOR:
a. Repair or replacement of power supply feeders, switches and fuses. b. Repair or replacement of products of combustion detectors for fire recall. c. Repair or replacement of car enclosure finishes and lighting lamps, hoistway enclosures, hoistway door panels and frames.
d. Repair or replacement of machine room lighting fixtures or lamps. e. Repair of damage caused by vandalism, misuse, negligence, and out of CONTRACTOR’s control, by persons other than CONTRACTOR, its representative and employees, excluding wear and tear. CONTRACTOR shall obtain CITY’s written approval to repair damages caused by vandalism. All billable repairs are subject to CITY’s Representative review. Payment will not be made for any unauthorized work.

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f. Installation of new attachments as may be recommended or directed by insurance companies or by federal, state, municipal or other governmental authorities. g. Replacement of obsolete items. Obsolete items and the labor to replace them will be at CITY’s expense. Obsolete items (including, but not limited to, assemblies, parts, components or systems) are defined as follows: An item for which the original design is no longer regularly manufactured by the original equipment manufacturer or obtainable by reasonable means, or the original item has been replaced with an item of different design, or a “Like for Like” by another manufacturer is not available (so long as the different design requires an unreasonable upgrade to the original equipment). CITY and CONTRACTOR agree, if required, to have all obsolescence claims reviewed by an independent third party elevator consultant for final approval.

Except for exclusions above, all other components of the Vertical Transportation Equipment are fully covered by this Agreement.

Notwithstanding the above exclusions, CONTRACTOR shall be responsible for the refinishing of scrape marks on any elevator car and hoistway doors if caused by improper adjustment of the doors or associated equipment.

3.6 MINIMUM PREVENTIVE MAINTENANCE FREQUENCY
CONTRACTOR shall perform preventive maintenance as described in this Scope of Services in accordance with the “Preventive Maintenance Frequency and Task Schedules”, Attachment 2 to Exhibit A. The Preventive Maintenance Frequency and Task Schedules are not inclusive of all required maintenance points for the variety of equipment available throughout the elevator industry. The Preventive Maintenance Frequency and Task Schedules are designed to be examples of the preventive maintenance quality level required by this Scope of Services.

3.7 PERFORMANCE
a. General: CONTRACTOR shall maintain the original speed in feet per minute and the performances for elevators as indicated under the “Basic Performance Requirements” set forth in the remainder of this Section 3.7. (1) If the actual performance time of CITY elevator does not meet the times established for elevators of the speed and type of control, CONTRACTOR shall restore the performance of the elevator to its optimum potential. (2) If, in CONTRACTOR’s opinion, the Vertical Transportation Equipment is inherently designed so that it cannot meet these criteria, CONTRACTOR shall so state at time of bid. If there are no exceptions taken, performance shall be provided as specified hereinafter.
b. Basic Performance Requirements for Elevators: Electric CITY elevators shall be adjusted to meet the following basic performance standards and shall maintain these standards for the life of the Agreement.

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(1) Operating Characteristics:
(a) Starting, acceleration, stopping and leveling shall be smooth and free from jars or bumps.
(b) Full speed riding shall be without swaying or vibration. (c) Elevator and door operation shall be quiet with smooth checking at the extremes of travel.
(d) Door pressure shall be maintained below 30 pounds in closing and not exceed kinetic energy forces stipulated in the code.
(2) Group Supervisory Systems: Keep group control systems operating at design criteria for the life of this Agreement.
(3) Individual Elevator Performances: Maintain performance requirements as follows:
(a) Maintain accurate leveling of +/- 1/8” for Traction Elevators and 1/4” for Hydraulic Elevators under all loading conditions.
(b) 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.
(c) Start-To-Stop times based on a typical 12’-6” floor height:

Gearless Elevators: 4.5 to 5.0 seconds.
(d) Door Open Times: Based on Standard Steel Doors, 8’-0” Maximum Height. (1) 3’-6” Center Opening: 1.6 to 2.2 seconds.
(2) 3’-6” Side Opening: 3.2 to 3.8 seconds.
(3) 4’-0” Center Opening: 2.0 to 2.5 seconds.
(4) 4’-0” Two-Speed: 2.8 to 3.3 seconds.
(e) Door Standing Times:
(1) Car Call: 5.0 to 6.0 seconds.
(2) Hall Call: 5.0 to 8.0 seconds.
(f) Door Close Times: Minimum without exceeding kinetic energy and closing force allowed by Code.

3.8 STOCK OF MATERIALS
a. CONTRACTOR shall keep on each Property where Services are performed an adequate supply of contacts, switch parts, coils, conductors, springs, holders, resistors, relays, lamps, condensers, tubes, transformers, car and hall buttons, fuses, drive rollers, handrail rollers, and other parts that are required for prompt replacement, together with an adequate supply of lubricants and wiping rags. All supplies shall be DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 20 B0785-0001\2691729v1.doc
stored in metal cabinets or shelves and oily rags shall be stored in enclosed metal containers. All cabinets, shelves and containers shall be provided by CONTRACTOR and become the property of CITY upon termination of this 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 Vertical Transportation Equipment at any of the Properties.
c. In addition to the requirements of subsection (a) above, CONTRACTOR shall keep on each Property (or in a warehouse within fifty miles of each Property or reasonably obtainable within 24 hours):
(1) One door operator motor of each type used.
(2) Hanger sheaves for car and hoistway doors.
(3) Two complete door interlocks.
(4) One set of generator bearings for each type of generator. (5) One set of brake linings for each type of brake and any associated brake parts. (6) Parts for door protective devices.
(7) Power supplies.
(8) Coils, relays, motor brushes and all other parts as needed to assure prompt replacement in the event of the shutdown of any elevator. (9) SCR drive components.
(10) One spare printed circuit board of each type installed. (11) Controller parts, contacts, coils, resistors, etc. (12) Controller drives and components.
d. CITY may choose to stock or have the CONTRACTOR stock certain items to be used by CONTRACTOR. CONTRACTOR shall replace stocked items within 30 days and CITY shall be invoiced at the materials cost only.

3.9 WIRING DIAGRAMS
a. CONTRACTOR shall generate and maintain a complete set of all wiring diagrams for the Vertical Transportation Equipment covered under this Agreement and stored in the machine rooms of the Properties described in this Agreement. All changes in circuitry made by CONTRACTOR shall be properly recorded on CITY’s and machine room copies of diagrams, including date of change and name of person making the same.

The wiring diagrams are the property of CITY and are to remain in the respective machine room of each Property. The wiring diagrams shall be digitized and provided to CITY.

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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 Vertical Transportation equipment (the “Edit Deadline”). If CONTRACTOR fails to perform such wiring diagram changes by the Edit Deadline, CITY and CONTRACTOR agree that CITY 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, CITY and CONTRACTOR agree that, in addition to all other damages to which CITY may be entitled, in the event CONTRACTOR fails to perform such edits by the Edit Deadline, CONTRACTOR will pay to CITY as liquidated damages, and not as a penalty but as a reasonable estimate of the damages that CITY will suffer, the amount of fifty dollars ($50.00) per day for each calendar day after the Edit Deadline until the changes are completed. CITY 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, CITY and CONTRACTOR agree that this liquidated damage provision shall only apply to damages caused by CONTRACTOR’s failure to complete the edits to the wiring diagrams by the Edit Deadline, and shall not apply to or limit any other type of damages suffered by CITY under this Agreement.

3.10 SOFTWARE
a. If any part of the Vertical Transportation Equipment incorporates computer software for which CONTRACTOR requires a backup or archival copy, CONTRACTOR shall submit to CITY a written request for same prior to preparing its own backup copy. b. If CITY agrees to approve CONTRACTOR’s request for a copy of such software, the backup or archival copy shall remain the property of CITY and shall not be removed from the Property to which the software applies. c. If, during the term of this Agreement, CONTRACTOR should install controller software upgrades, the upgrades shall remain a part of the Vertical Transportation Equipment for this property even in the event of termination of, or removal of any Vertical Transportation Equipment from, this Agreement.

3.11 REMOTE MONITORING
CITY requires remote monitoring of the Vertical Transportation Equipment to facilitate its maintenance program and the cost of such remote monitoring equipment and associated maintenance shall be at CITY’s expense and not part of this maintenance specification.

Installation of the remote monitoring equipment will be covered under this maintenance specification and provided at no cost to CITY. It will be CONTRACTOR’s responsibility to maintain such remote monitoring equipment once installed.

3.12 REPORTS
a. Monthly Reports. Within five (5) business days of the last day of each month during this Agreement Term, CONTRACTOR shall submit the following reports to CITY. Failure to provide such reports shall be considered breach of Agreement and DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 22 B0785-0001\2691729v1.doc
cause for withholding of the Basic Fee for the Services provided for that month until such time as the applicable report is delivered.
(1) Activity Report. This report shall provide an overview of the month’s routine maintenance activities, identifying the overall condition of the Vertical Transportation Equipment, areas of concern, problematic conditions, usage of the Vertical Transportation 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 order to address the call, the condition of the Vertical Transportation 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 Vertical Transportation Equipment shutdowns involving passenger entrapments, a comprehensive report shall be prepared and submitted to CITY 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 will be included in the monthly report.
(4) Test and Inspection Reports. This summary report will describe all Vertical Transportation Equipment receiving special tests during the month with a detailed backup 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. b. Semiannual Supervisor’s Reports. Within five (5) business days of the end of each sixmonth period during the term of this Agreement, CONTRACTOR’s supervisor shall submit to CITY a written report containing the following information on the Vertical Transportation Equipment within any Property applicable under this Agreement.

Failure to provide such report shall be considered breach of contract and cause for withholding of the Basic Fee for the Services for all Properties applicable under this Agreement until such time as the supervisor’s report is delivered. If more than one supervisor is supervising the Services, then CONTRACTOR shall submit a services report from each supervisor. Each supervisor’s report shall contain the following information:
(1) Evaluation of the overall preventive maintenance being performed by CONTRACTOR’s employees.
(2) Confirmation that supervisor visited each piece of Vertical Transportation Equipment, reviewed machine room maintenance logs and signed same. (3) Report on the planned activities and schedules over the next quarter with regard to repair work that will be required that will cause any Vertical Transportation Equipment to be removed from service.

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(4) Any recommendations that will improve the overall operation or extend the remaining useful life of the Vertical Transportation Equipment.

PART 4 SPECIAL PROVISIONS

4.1 PERFORMANCE GUARANTEE AND LIQUIDATED DAMAGES
In addition to the Warranty requirements contained in this Agreement, CONTRACTOR provides the following performance guarantees to CITY:
a. CONTRACTOR shall maintain an adequate stock of replacement parts to ensure prompt repair of any malfunction of the Vertical Transportation Equipment and its prompt return to service. If any Vertical Transportation Equipment is out of service for a non-scheduled repair for longer than two (2) consecutive business days and CONTRACTOR fails to repair same by the end of such two (2) business day period (the “Non-Scheduled Repair Deadline”), CITY and CONTRACTOR agree that CITY will suffer, as a result of CONTRACTOR’s failure to implement a timely repair, damages that are extremely difficult and impracticable to ascertain at the time of execution of this Agreement. Therefore, CITY and CONTRACTOR agree that, in addition to all other damages to which CITY may be entitled, in the event CONTRACTOR fails to timely repair by the Non-Scheduled Repair Deadline, CONTRACTOR will give to CITY as liquidated damages, and not as a penalty but as a reasonable estimate of the amount of damages CITY will suffer, a credit equal to an estimated monthly maintenance cost of that Unit against the next month billing as a form of liquidated damages. The credit shall equal the total monthly invoice divided by the number of units. Notwithstanding the foregoing, CITY and CONTRACTOR agree that this liquidated damage provision shall only apply to damages caused by CONTRACTOR’s failure to implement a timely repair of a Unit by the Non-Scheduled Repair Deadline, and shall not apply to or limit any other type of damages suffered by CITY under this Agreement. For purposes of this subsection, a “scheduled repair” consists of repairs required as part of routine preventive maintenance such as replacing hoist ropes, cylinder head packing and so forth, but not a repair that is caused by the lack of preventive maintenance. All repairs shall be prescheduled in writing. b. If CONTRACTOR does not respond to trouble calls in the time frames listed under “Hours and Manner of Services” as set forth in Section 4.2 below (each, a “Trouble Call Deadline”), CITY and CONTRACTOR agree that CITY 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, CITY and CONTRACTOR agree that, in addition to all other damages to which CITY may be entitled, in the event CONTRACTOR fails to timely respond to each trouble call by the Trouble Call Deadline, CONTRACTOR will give to CITY as liquidated damages, and not as a penalty but as a reasonable estimate of the amount of damages CITY will suffer, a credit against the next month billing for the applicable Vertical Transportation Equipment. The credit shall equal the total monthly invoice divided by the number of units. Notwithstanding the foregoing, CITY 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 CITY under this Agreement.

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c. 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 as liquidated damages, subject to the same understandings specified in Section 4.1(a) above.
d. If any Vertical Transportation Equipment is out of service for a scheduled repair for longer than three (3) consecutive days, the monthly maintenance cost of that Unit will be credited to the next monthly billing as liquidated damages, subject to the same understandings specified in Section 4.1(a) above.
e. No liquidated damages shall be payable under Sections 4.1(a), (c) or (d) if the damage is caused by vandalism or any other cause except for normal wear and tear.

4.2 HOURS AND MANNER OF SERVICES
a. 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 CITY with information documenting all travel time and time expended by CONTRACTOR and CONTRACTOR’s Representatives on the job; provided, however, that CITY shall pay CONTRACTOR only at the Differential Billing Rate (as noted in Section 2.2(a) above) for the travel time and time billed for any such callbacks. All overtime trouble calls related to passenger “entrapment” (as defined in Section 2.1(i) above) shall be made by CONTRACTOR at no cost to CITY.

Any after-hours calls answered by the CONTRACTOR and left down overnight for further troubleshooting by the resident mechanic shall not be chargeable to CITY.

After-hours responses by contractor shall provide same capabilities as normal site vendor service, including but not limited to diagnostic and repair capabilities. Below are the facilities for which their elevators/escalators must not be left shut down unless it is due to a repair that a single service person cannot handle on their own or parts are in need of ordering.

Building Name Number & Unit Type Mfg/Control Model
Police Department HQ 3 – Gearless Traction MCE/iBox,
Police Department HQ 3 - Hydraulic MCE/2000
City Hall 2 – Gearless Traction MCE/iBox
461 N. Bedford Garage 2 – Gearless Traction MCE/4000
Library 3 - Hydraulic Montgomery/Miprom,
MCE/2000
9400 S. Santa Monica 1 – MRL Traction Kone/MonoSpace
450 N. Crescent Garage
(Wallis Annenberg)
3 – MRL Traction, 3 -
Escalators
Otis/Gen 2
438 N. Beverly / 439 N.

Cañon Garage
4 – Gearless Traction
1 - Hydraulic
MCE/iBox,
Virginia Controls
450 N. Rexford Garage 2 – Gearless Traction MCE/iBox
241 N. Cañon/242 N.

Beverly (Public Gardens
Parking)
3 – MRL Traction Otis/Gen 2
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b. CONTRACTOR shall respond to all trouble calls reported to CONTRACTOR’s dispatch center by 4:00 P.M. on regular working days during the same day at no additional cost to CITY.
c. In the event an elevator is shut down with trapped passengers, CONTRACTOR guarantees that it shall respond (i) within 30 minutes of any such event that occurs between 7:30 A.M. and 5:30 P.M. (Monday-Thursday) and 8:00 A.M. and 5:00 P.M. (Friday), and (ii) within 1.25 hours of any such occurrence during all other times. d. In the event an elevator is shut down with no trapped passengers, CONTRACTOR guarantees that it shall respond (i) within 60 minutes of any such event that occurs between 7:30 A.M. and 5:30 P.M. (Monday-Thursday) and 8:00 A.M. and 5:00 P.M. (Friday), and (ii) within 2 hours of any such occurrence during all other times. e. As noted in Section 2.2(a) above, if Basic Services included within the Basic Fee described are required to be performed outside of Regular Hours, CITY will pay only the Differential Billing Rate. Removal of elevators from service shall be coordinated with and approved by CITY.
f. CONTRACTOR shall conduct monthly Fire Services and Emergency Power Testing per CITY’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 regular working hours or during overtime working hours, at no additional cost.

4.3 SAFETY DATA SHEETS
CONTRACTOR shall furnish to CITY an approved Safety Data Sheet (SDS) for all cleaning solvents, oils, greases, paints, and other lubricants and cleaning fluids used during the performance of the elevator/escalator preventive maintenance. A copy of the applicable SDS shall be visibility mounted in the elevator equipment room of each Property in a protective cover.

4.4 EMPLOYEE SAFETY
CONTRACTOR shall maintain employee safety as one of its most important concerns.

CONTRACTOR shall provide employees with information and supplies necessary to comply with the Occupational Safety and Health Act and procedures stated in the Elevator Industry Field Employees’ Safety Handbook. CONTRACTOR shall conduct regular and systematic safety meetings with employees to discuss new procedures and improve on safety awareness. At CITY’s request, CONTRACTOR shall provide copies of minutes and handouts from such meetings.

II. INFECTIOUS DISEASE
A. The federal government and State of California, the County of Los Angeles, and CITY have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for CITY employees and the community, CITY is requiring all contractors and CONTRACTOR to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its employees and subcontractors (collectively DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 26 B0785-0001\2691729v1.doc
“CONTRACTOR employees”) assigned to CITY projects that come onsite to any CITY facility to perform services under the Agreement.

B. CONTRACTOR shall notify CITY immediately in writing if CONTRACTOR or CONTRACTOR employees have come in contact with anyone with an infectious disease or has contracted an infectious disease. Such CONTRACTOR employees shall immediately cease performing services under the Agreement.

C. CONTRACTOR shall monitor CONTRACTOR employees’ signs and symptoms with written logs. CONTRACTOR shall maintain a daily recording of the following:

1. Require CONTRACTOR employees to take their temperature each time they enter and exit CITY facilities (both before and after work is performed at CITY facilities).

2. If CONTRACTOR employees have any symptoms of COVID-19, the common cold, or influenza including but not limited to a fever (100°F or higher), cough, trouble breathing, CONTRACTOR shall:
(a) Direct employees not to report to work.
(b) Contact your CITY Responsible Principal.

3. CONTRACTOR shall ask employees to identify any close contact they had with others at a CITY facility during the 48 hours prior to symptom onset or positive test, if asymptomatic. Close contact is defined as individuals who are within 6 feet of each other for 15 minutes or more over a 24 hour period. This definition may be modified by the Centers for Disease Control and/or the Los Angeles County Public Health Department.

4. CONTRACTOR shall disinfect all areas that CONTRACTOR’s employees come in contact with while performing services under the Agreement before and after usage.

5. CONTRACTOR employees shall not return to any CITY facility until they meet the quarantine / isolation guidance* of the Los Angeles County Department of Public Health. * CONTRACTOR acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance for workplaces.

D. CONTRACTOR shall also maintain daily monitoring and record keeping in connection with CITY projects where CONTRACTOR employees come on site for the following information:

1. Projects are adhering to Social Distancing and Industry Safety Standards for employees and the public. Please review Los Angeles County Department of Public Health guidelines for social distancing.

2. CONTRACTOR employees are not working while sick.

3. CONTRACTOR shall notify their CITY Project Manager or CITY Responsible Principal prior to reporting on site daily.

4. CONTRACTOR shall contact their CITY Project Manager or CITY Responsible Principal to reschedule non-essential services.

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 27 B0785-0001\2691729v1.doc
E. CONTRACTOR shall provide employees with handwashing and sanitizing equipment.

These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not.

CONTRACTOR shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders.

For the latest CITY updates and COVID-19 related FAQs please visit http://www.beverlyhills.org/novelcoronavirus
CITY reserves the right to review CONTRACTOR’s daily logs to ensure compliance with this Agreement. CITY has the right to send CONTRACTOR employees home who do not comply with these requirements. CONTRACTOR shall maintain the recordings and logs in accordance with the Agreement.

For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 28 B0785-0001\2691729v1.doc
ATTACHMENT 1 TO EXHIBIT A

VERTICAL TRANSPORTATION EQUIPMENT LISTING TABLE
Building Name Quantity and Unit Type Mfg/Control Model
333 N. Crescent Garage 2 Gearless Traction Elevators MCE/iBox Police Department HQ 3 Gearless Traction Elevators MCE/iBox Police Department HQ 3 Hydraulic Elevators MCE/2000
440 N. Camden Garage 2 Gearless Traction Elevators MCE/iBox City Hall 2 Gearless Traction Elevators MCE/iBox
216 S. Beverly Garage 2 Gearless Traction Elevators MCE/iBox 461 N. Bedford Garage 2 Gearless Traction Elevators MCE/4000 Public Works Warehouse 1 Hydraulic & 1 Hydraulic
Freight Elevators MCE/2000
IT Center 1 Hydraulic Elevator MCE/1000
Fire Department HQ 2 Hydraulic Elevators MCE/2000
Public Works Building 1 Hydraulic Elevator Kone/KCM
Library 2 Hydraulic & 1 Hydraulic
Freight Elevators
Montgomery/Miprom,
MCE/2000
La Cienega Tennis Center 1 Hydraulic Elevator Otis/211
331 Foothill Building 2 MRL Traction Elevators Kone/MonoSpace 9400 S. Santa Monica 1 MRL Traction Elevator Kone/MonoSpace 450 N. Crescent Garage
(Wallis Annenberg)
3 MRL Traction Elevators
& 3 Escalators Otis/Gen 2
9333 W. 3rd Street Garage 2 MRL Traction Elevators Kone/MonoSpace 345 N. Beverly Garage 2 Gearless Traction Elevators MCE/iBox 438 N. Beverly Garage 2 Gearless Traction Elevators
1 Hydraulic Freight Elevator
MCE/iBox
Virginia Controls
439 N. Cañon Garage 2 Gearless Traction Elevators MCE/iBox 9510 Brighton Garage 2 Gearless Traction Elevators MCE/iBox 221 N. Crescent Garage 4 Gearless Traction Elevators MCE/iBox 450 N. Rexford Garage 2 Gearless Traction Elevators MCE/iBox DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 29 B0785-0001\2691729v1.doc
Building Name Quantity and Unit Type Mfg/Control Model
241 N. Cañon/242 N. Beverly
(Public Gardens Garage) 3 MRL Traction Elevators Otis/Gen 2 The Gardens Building 2 MRL Traction Elevators Otis/Gen 2 Santa Monica 5 Parking 5 Wheelchair Lifts Wheel-a-vator Greystone Mansion
Kitchen 1 Dumbwaiter N/A
Greystone Mansion (Theater) 1 Wheelchair Lift Garaventa 239 S. Beverly (Tenant) 1 Hydraulic Elevator Thyssenkrupp/Tac32 1945 S. La Cienega Blvd.
(City of Los Angeles) 1 Hydraulic Elevator Smartrise/HDY

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 30 B0785-0001\2691729v1.doc
ATTACHMENT 2 TO EXHIBIT A

PREVENTIVE MAINTENANCE FREQUENCY AND TASK SCHEDULES

1. TRACTION (MRL and GEARLESS) PASSENGER AND SERVICE
Each visit:
a. Ride each elevator and observe performance, leveling, floor stops, door opening and closing operation and noise.
b. Test safety edges, photo eyes, detectors, door open buttons, and alarm bell. c. Check for proper car and hall button operation and all indicator illuminations and lantern operations.

Monthly:
a. Clean and inspect machine, controller, selector, motor, motor drives and governor.
b. 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. c. Clean and inspect hoistway door hangers, interlocks, linkage, pick up assembly, door gibs, non-vision wing and hoistway switches. d. Clean and inspect governor tension sheave, car and counterweight buffers, compensating sheave assembly. Clean pit and check safety plank and travel cable loops.
e. Clean machine room, clean and adjust controller and selector contacts and relays.
f. Check car and hall fixture lamps, leveling and floor stops, alarm bell and emergency stop, inspect travel cable.
g. Perform any fire service and emergency power testing requested by CITY or required by law or any government agency with jurisdiction over the Properties.

Quarterly:
a. Inspect rope shackles, car and counterweight guides, TM and Slow Down switches, adjust and lubricate as required, check emergency light. b. Check and adjust brake. Inspect and lubricate pivot pins. c. Clean and adjust controller and selector components including contacts, relays and timers. Check transformers and rectifiers. Vacuum or brush all controller and selector parts.
d. Check out complete safety circuit.
e. Check selector cables and/or tapes. Lubricate selector drive worm. Inspect selector drive.
f. Clean, inspect and lubricate governor linkage.
g. Inspect, rotate and equalize hoist and compensating cables. Inspect cable shackles and fastenings.

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 31 B0785-0001\2691729v1.doc
h. Check adjustment of roller/slide car and counterweight guides. Check bearings/liners and fastenings.
i. Inspect TM, slowdown, leveling and/or limit switches. j. Clean and inspect all car and hoistway door contacts and interlocks. k. Check door closing force. Check car and hoistway hanger rollers and adjust up thrusts.
l. Inspect door operator bearings and cams.
m. Clean and inspect governor tail sheave, compensating sheaves, compensation ropes and hitches and/or compensating chains, guides and hitches.
n. Clean and inspect car and counterweight buffers. Check buffer oil level and operation.

Semiannual:
a. Check control and main line fuses, voltage readings, motor and motor drive wire connections, overloads, armature clearance and brake cores. b. Check motor overload devices, resistor and resistance connections. c. Check car safety mechanism and governor rope hitch.

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

Check traveling cables.

Five year:

Perform full load governor, safety and buffer test.

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

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 32 B0785-0001\2691729v1.doc
Monthly:
a. Clean and inspect power unit, controller and motor. Check drive belt tension and condition.
b. Check for leaks and oil level in power unit. Clean power unit oil drip pan. c. 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. d. Clean and inspect hoistway door hangers, interlocks, linkage, pick up assembly, door gibs, non-vision wing and hoistway switches. e. Clean and inspect hydraulic plunger, seals and packing. Check jack oil drip container.
f. Check guide rail lubrication drip containers in pit.

Quarterly:
a. Check motor and pump sheave alignment. Check motor and pump mounting fastenings.
b. Adjust hydraulic control valve. Clean hydraulic control valve strainers.

Check hydraulic control valve locking nuts, adjustment screws and mounting fastenings.
c. Clean and adjust controller components including contacts, relays and timers. Check transformers and rectifiers. Vacuum or brush all controller parts.
d. Check out complete safety circuit.
e. Check adjustment of roller/slide car guides. Check bearings/liners and fastenings. Inspect TM, slowdown, leveling and/or limit switches. f. Clean and inspect all car and hoistway door contacts and interlocks. g. Check door-closing force. Check car and hoistway hanger rollers and adjust up thrusts. Inspect door operator bearings and cams.

Semiannual:
a. Check control and main line fuses, voltage readings and motor wire connections.
b. Check motor overload devices, resistor and resistance connections and starters, contactors and contacts.

Annual:
a. Check all controller terminals. Check and clean all fuse holders. Check car frame, sills and pit.
b. Annual hydraulic pressure test. Check relief valve seal and tag valve with current test information, date test was performed and performing company name.
c. Perform logic systems operation check.
d. Clean hoist way and hoistway equipment including guide rails, hoistway door hangers, interlocks, closers, headers and related devices. Check all fastenings on guide rails, brackets and entrances. Check traveling cables.

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 33 B0785-0001\2691729v1.doc

3. ESCALATOR
Each visit:
a. Inspect machine space and lower well.
b. Check steps.
c. Check and clean handrail.
d. Check comb teeth.
e. Check skirt guard.
f. Check lighting.
g. Inspect and lubricate step and drive chains.
h. Check and test start key switches and stop switches.

Monthly:
a. Clean and inspect machine and controller.
b. Clean machine space and lower well.
c. Check stop buttons – top and bottom.
d. Check drive machine oil level.
e. Check comb plate – top and bottom.
f. Check handrails, guards and brushes – top and bottom. g. Clean and apply friction reducing agent on step risers and skirt panels. h. Check demarcation lighting.
i. Check and adjust handrail chains and drive.
j. Inspect step and drive chains and rollers.

Quarterly:
a. Check main line disconnect and fuses.
b. Check condition of step chain guide.
c. Check reverse phase relay.
d. Check brake action and stopping distance.
e. Check handrail tension and drive.
f. Test safety switches on skirt panels and comb plate. g. Test broken driving chain safety switch.
h. Test broken step chain safety switch.
i. Test handrail inlet safety switch.
j. Test skirt guard safety switch.
k. Test step running safety switch.
l. Test step wheel tire safety switch.

Semiannual:
a. Check soffit guards.
b. Inspect balustrade panels for damage and fastenings. c. Adjust magnet brake, gap adjustments between core and armature, adjustment or BSR (brake serial resistance).
d. Inspect and lubricate lower terminal gear guide. Inspect and lubricate step bearing.
e. Inspect and lubricate each moving part of drive chain safety switch. Check step surfaces and structural integrity.
f. Check play in steps and proper riser clearance.

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 34 B0785-0001\2691729v1.doc
g. Check running clearance between step and skirt panels. h. Clean intermediate oil pan.

Annual:
a. Clean escalator wellway drip pans and related equipment. b. Inspect and lubricate drive motor bearings.
c. Inspect and lubricate driving machine.
d. Inspect and lubricate upper terminal gear bearing.
e. Clean and inspect step tracks.
f. Drop brake shoes, clean, lubricate and adjust.
g. Flush gear case; replace oil.
h. Check for proper running speed.
i. Check reversal stop switches for proper operation.
j. Check step up thrust device for proper operation.
k. Test drive motor overloads.
l. Perform safety tests.

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 35 B0785-0001\2691729v1.doc
ATTACHMENT 3 TO EXHIBIT A
CONTRACTOR’S APPROVED PERSONNEL

1. CONTRACTOR’s Account Manager: Daniel M. Simon

2. CONTRACTOR’s Supervisor: Margaret Vento

3. CONTRACTOR’s Mechanic: Joseph Green

4. Other Personnel: Napoly Salloum
DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 36 B0785-0001\2691729v1.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES

BASIC FEE
CITY shall compensate CONTRACTOR for the performance of services under the Agreement in the amount of $42,000.00 per month (“Basic Fee”), unless adjusted per Section 3 of this Exhibit B.

REGULAR AND DIFFERENTIAL BILLING RATES:

Regular: $355.00 per hour (One Mechanic)
$645.00 per hour (Team)
Differential Overtime: $248.00 per hour (One Mechanic)
$400.00 per hour (Team)
Differential Sundays/holidays: $315.00 per hour (One Mechanic) $895.00 per hour (Team
BILLABLE REPAIR RATES:

Overtime: $625.00 per hour (One Mechanic)
$895.00 per hour (Team)
Sundays/holidays: $625.00 per hour (One Mechanic)
$895.00 per hour (Team)
Travel time for as-needed work will be billed at $575.00 per hour.

CONTRACTOR billing must match billing rates in this Agreement as specified below. For hourly rates, billing shall include all hourly wages (including prevailing wage compliance, as applicable), benefits, mark-up, etc. CONTRACTOR may not later claim additional charges to CITY (e.g., to comply with prevailing wage, etc.).

No additional surcharges (e.g., mileage) are allowed in billing.

1. Agreement Price.
a. Basic Fee for Basic Services. CITY shall pay CONTRACTOR the amount shown above on the Rate Schedule for the Basic Services (“Basic Fee”) performed on the Vertical Transportation Equipment Listing Table described on the table shown in Attachment 1 to Exhibit A. CONTRACTOR’s Basic Fee shall include all requirements listed throughout this Agreement, including the cost of one full-time elevator mechanic described in Exhibit A, Scope of Services, Part 2, Section 2.2(a), as well as additional helper and/or apprentice hours, as required. The Basic Fee shall be payable in arrears. CONTRACTOR shall bill CITY on a monthly basis for the Basic Fee for the prior month’s Services under this Agreement. CITY shall pay the Basic Fee to CONTRACTOR within thirty (30) days of DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 37 B0785-0001\2691729v1.doc
CITY’s receipt of each invoice from CONTRACTOR. The Basic Fee may be increased or decreased as the result of (i) a change to the Scope of Services that must be approved by the City Manager or his designee in writing, (ii) the addition or deletion of any Properties or Units pursuant to Section 2 below, or (iii) an annual adjustment pursuant to Section 3 below.
b. Cost of Extra Services. For as-needed services, as an alternative to hourly rates, the payment terms (either lump sum or time and materials basis) shall be set forth in the Individual Project Order (IPO) and agreed to by both parties in writing. CONTRACTOR shall provide to CITY an estimated cost of the work that includes a not-to-exceed amount.

Each IPO shall contain a not-to-exceed amount, which shall include all materials, labor, taxes, and expenses. If the scope of the engagement changes or the cost of the engagement will exceed the not-to-exceed amount, then the CONTRACTOR shall obtain written permission from CITY or CITY shall execute a change to the IPO at the discretion of CITY.
c. Withholding of Payments. Failure by CONTRACTOR to provide Basic Services or Extra Services in accordance with this Agreement or Amendment, or failure by CONTRACTOR to comply with any provision of said documents in its performance of the Basic Services or Extra Services, shall entitle CITY (in addition to any other remedies CITY may have) to withhold payments due to CONTRACTOR as CITY deems necessary in CITY’s reasonable discretion.

2. Addition or Deletion of Properties or Vertical Transportation Equipment. Either or both Properties and Units of Vertical Transportation Equipment may be added at any time during this Agreement term pursuant to a written request agreed upon by CITY and CONTRACTOR.

The request shall address the price adjustment and changes to the Rate Schedule attached to the subject Units. The deletion of Properties or Units shall proportionally reduce the Basic Fee for the applicable Property, and the addition of Properties or Units shall proportionally increase the Basic Fee for the applicable Property.

3. Adjustments to the Rate Schedule. The Rate Schedule set forth above in this Exhibit (the “Original Rate Schedule”) contains the “Regular Billing Rates” for all Services under this Agreement until the Rate Schedule is adjusted in accordance with this Section 1.3. The Rate Schedule is subject to annual adjustments upon the request of either CONTRACTOR or City Manager or his or her designee in accordance with the following procedure. a. Adjustment Procedure. At least 90 days prior to the start of the fiscal year (July 1, starting on July 1, 2023), CONTRACTOR or CITY may request an annual rate adjustment. CITY will ask for additional information if needed. CITY shall review and approve or disapprove of such request in writing.
b. Maximum Allowable Annual Increase. Notwithstanding any other provision of this Agreement, the maximum allowable increase or decrease for any one year period during the term of this Agreement (and any extension of the term), shall be a maximum of three percent (3%) for the labor costs upon giving CITY ninety (90) days’ prior written notice.

This maximum increase/decrease limitation shall apply to adjustments to both (1) the Basic Fee for each Property reflected in the Vertical Transportation Equipment Listing Table shown in Attachment 1 to Exhibit A and (2) the Rate Schedule.

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 38 B0785-0001\2691729v1.doc

4. Extra Services Billing Procedure: Within 15 business days of the end of each month during this Agreement Term, CONTRACTOR shall provide CITY with an invoice for the amount of Extra Services, if any, performed during the month. The Extra Services charges shall be broken down for Elevator location and car number and purchase order number. If travel time is included, CONTRACTOR shall provide backup documentation for such travel time if requested by CITY. CITY will not accept lump sum invoices without such breakdown. If CONTRACTOR fails to provide the invoice for Extra Services to CITY within 15 days of the end of each month during this Agreement term, CITY shall receive a discount for each day thereafter that CONTRACTOR fails to provide the invoice, equal to five percent (5%) of the amount payable for Extra Services included in the invoice. All Extra Services invoices must have a signature of the approved account representative for the applicable units under Agreement (from the applicable CONTRACTOR Account Manager listed on the list of CONTRACTOR’s Approved Personnel, Attachment 3 to Exhibit A), indicating that the invoice has been reviewed prior to being sent to CITY.

5. Billing Errors: CONTRACTOR agrees to give notice to CITY within five (5) business days of CONTRACTOR’s discovery of any instance where the amount invoiced to CITY by CONTRACTOR was incorrect or inaccurate. CONTRACTOR’s failure to notify CITY in accordance with this Section shall entitle CITY to terminate this Agreement as provided in Section 14 of the Agreement.

6. Dates for Billing Purposes. For purposes of billing for Services performed under this Agreement or adjustments to the Basic Fee or Rate Schedule set forth herein, the following terms shall have the following meanings:
a. Commencement Date: The Commencement Date of Services under this Agreement shall be the “Commencement Date” set forth in CITY’s written Notice to Proceed to CONTRACTOR.
b. Anniversary Adjustment Date: The “Anniversary Adjustment Date” shall be no more than one time per calendar year. Only adjustments occurring on or after July 1, 2023 shall be applicable.

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 39 B0785-0001\2691729v1.doc

EXHIBIT C

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

NAMED INSURED COMPANIES AFFORDING COVERAGE
A.

B.

ADDRESS C.

COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER

EXPIRATION
DATE
B.I. LIMITS
P.D.

AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED

OPERATIONS
BLANKET CONTRACTUAL
CONTRACTOR'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION


It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:

It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.

In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.

Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

DATE: BY:

Authorized Insurance Representative
TITLE:

AGENCY: ADDRESS:

RM02.DOC REVISED 10/14/96.

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 40 B0785-0001\2691729v1.doc

EXHIBIT D - PAYMENT BOND
DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 Bond No.
---

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY TH ESE PRESENTS that
WHEREAS the City of Beverly Hills ("City"), State of California, has awarded to ("Principar') (Name and address of Contractor)
a contract (the "Contract'') for the Work described as follows:

Maintenance Service for City Elevators and Lifts
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and _
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred b in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of -------------Dollars($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unempbyment Insurance Act with respect to this Work or lobor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bernd shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontracbrs pursuant to Labor Code Section 17 41, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its 41 B0785-0001\2691729v1.doc

EXHIBIT D - PAYMENT BOND
DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 subcontracbrs, or both the principal and its subcontractors pursuant to Labor Code Section 1771 .2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Should the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of ti me, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated: _
"Principal"
By:

Its: �------------
By:

Its: �------------
(Seal)
"Surety''
By:

Its: �------------
By:

Its: �------------
(Seal)
APPROVED AS TO FORM:

By:

Laurence S. Wiener, City Attorney
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, AU PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies execufinq Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
42 B0785-0001\2691729v1.doc

EXHIBIT E - PERFORMANCE BOND
DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 Bond No. ---

PERFORMANCE BOND
KNOW ALL PERSONS BY TH ESE PRESENTS that:

WHEREAS the City of Beverly Hills ("City"), has awarded to ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:

Maintenance Service for City Elevators and Lifts
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety'') a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the City in the penal sum of ---------------- Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITIQ\l OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitation as it applies to an action on this Bond.
43 B0785-0001\2691729v1.doc

EXHIBIT E - PERFORMANCE BOND
DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of ti me, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNES-5 WHEREC>F, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. "Principal"
By:

Its: _
By:
(Seal}
"Surety"
By:

Its: _
By:
(Seal}
APPROVED AS TO FORM:

By:

Laurence S. Wiener, City Attorney
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
44 B0785-0001\2691729v1.doc

EXHIBIT F
Terms for Compliance with California Labor Law Requirements Section 1. CONTRACTOR acknowledges that the project as defined in this Agreement between CONTRACTOR and CITY, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. CONTRACTOR shall perform all work on the project as a public work. CONTRACTOR shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

Section 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

Section 3. CONTRACTOR shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to CITY prior to the effective date of this Agreement. CONTRACTOR shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. CONTRACTOR and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If CONTRACTOR or any subcontractor cease to be registered with DIR at any time during the duration of the project, CONTRACTOR shall immediately notify CITY.

Section 4. Pursuant to Labor Code Section 1771.4, CONTRACTOR’s services are subject to compliance monitoring and enforcement by DIR. CONTRACTOR shall post job site notices, as prescribed by DIR regulations.

Section 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. CONTRACTOR acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONTRACTOR shall post such rates at each job site covered by this Agreement.

Section 6. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. CONTRACTOR shall, as a penalty to CITY, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by CONTRACTOR or by any subcontractor.

Section 7. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1776, which requires CONTRACTOR and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform CITY of the location of the records.

Section 8. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 45 B0785-0001\2691729v1.doc
seq. concerning the employment of apprentices on public works projects. CONTRACTOR shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, CONTRACTOR shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, CONTRACTOR and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

Section 9. CONTRACTOR acknowledges that eight hours labor constitutes a legal day’s work. CONTRACTOR shall comply with and be bound by Labor Code Section 1810.

CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of CONTRACTOR in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

Section 10. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Section 11. For every subcontractor who will perform work on the project, CONTRACTOR shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and CONTRACTOR shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. CONTRACTOR shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. CONTRACTOR shall diligently take corrective action to halt or rectify any failure.

Section 12. To the maximum extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend (at CONTRACTOR’s expense with counsel reasonably acceptable to CITY) CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONTRACTOR, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of CONTRACTOR under this Section shall survive termination of the Agreement.

DocuSign Envelope ID: 9B8CE992-7AB1-4B96-A1D6-F07720C789F6 Certificate Of Completion
Envelope Id: 9B8CE9927AB14B96A1D6F07720C789F6 Status: Sent Subject: Please DocuSign: Liftech Elevator Services, Inc. - Maintenance Service for City Elevators Source Envelope:

Document Pages: 45 Signatures: 6 Envelope Originator:

Certificate Pages: 3 Initials: 0 Erin Justus
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
7/18/2022 9:46:31 AM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 7/18/2022 9:59:14 AM
Viewed: 7/18/2022 3:25:08 PM
Signed: 7/18/2022 3:25:16 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Daniel M. Simon
[email protected]
President/CEO
Liftech Elevator Services
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.180.47.211
Sent: 7/18/2022 3:25:19 PM
Resent: 7/26/2022 8:18:19 AM
Resent: 7/26/2022 8:18:20 AM
Resent: 7/26/2022 8:18:22 AM
Resent: 7/26/2022 2:47:38 PM
Resent: 7/27/2022 7:33:01 AM
Viewed: 7/27/2022 9:25:49 AM
Signed: 7/27/2022 9:28:29 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Michael Perkins
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.180.47.211
Sent: 7/18/2022 3:25:20 PM
Viewed: 7/20/2022 10:55:44 AM
Signed: 7/20/2022 4:42:20 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Deborah R. Hakman for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.87.235.180
Sent: 7/27/2022 9:28:31 AM
Resent: 7/27/2022 9:39:44 AM
Resent: 7/27/2022 1:52:28 PM
Viewed: 7/27/2022 3:12:29 PM
Signed: 7/27/2022 3:12:47 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
DocuSign
Signer Events Signature Timestamp
Michael V. Hensley
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 7/27/2022 3:12:49 PM
Viewed: 7/27/2022 3:36:28 PM
Signed: 7/27/2022 3:37:11 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 192.5.3.140
Signed using mobile
Sent: 7/27/2022 3:37:13 PM
Viewed: 7/27/2022 3:39:01 PM
Signed: 7/27/2022 3:39:14 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Logan Phillippo
[email protected]
Senior Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 7/27/2022 3:39:18 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
George Chavez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Lili Bosse
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
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Carbon Copy Events Status Timestamp
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jackie Perez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/18/2022 9:59:14 AM
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