City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-00783 4/22/2025 Item 1.
Elevator and Escalator Maintenance and Repair
File ID: 2025-00783
Location: SAFE Credit Union Convention & Performing Arts District, District 4 Recommendation: Pass a Motion: 1) ratifying the prior execution of a cooperative purchase contract with Schindler Elevator Corporation (Contract Number R200501) for elevator and escalator maintenance and repair, and subsequent supplements, purchase orders, and work orders under that contract, with a total not-to-exceed amount of $265,564.
Contact: Dustin Hollingsworth, Assistant Director, (916) 808-5538, [email protected]; Gale O’Neill, Contract & Compliance Specialist, (916) 808- 7154, [email protected]; CCS Administration; Mack Smith, Engineering Manager, (916) 808-5445, [email protected], CCS Operations
Presenter: None
Attachments:
1-Description/Analysis
2-Contract No. 2022-0401 Schindler Elevator Corp.
3-Contract No. PRC003089 Schindler Elevator Corp.
Description/Analysis
Issue Detail: Work was performed in January and February on contract number PRC003089 for required elevator and escalator maintenance and repair for the SAFE Credit Union Convention Center. The agreement was not previously presented to Council, as the intent and expectation was that the total expenditure would be less than the Council approval threshold of $250,000. The invoices for this work were received in February, when the overspending on the purchase orders was discovered. In total, $15,563.70. over the $250,000 limit had been encumbered.
Policy Considerations: The recommendation in this report is in accordance with the provisions of City Code Section 3.04.010, which requires City Council approval for contracts of $250,000 or more.
The contract was executed in accordance with City Code Section 3.56.240, which authorizes the use of cooperative purchasing agreements through the contracts of other governmental entities, eliminating the need to perform additional competitive bidding by the City.
File ID: 2025-00783 4/22/2025 Item 1.
Economic Impacts: None.
Environmental Considerations:California Environmental Quality Act (CEQA): The action is exempt from review under CEQA pursuant to CEQA Guidelines section 15301. The action involves the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or mechanical equipment, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The exemption covers interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; and similar facilities; restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. The project qualifies for a Categorical Exemption under Article 19 of CEQA Guidelines Section 15301, existing facilities. No environmental review is necessary.
Sustainability: None.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: The City is responsible for paying the supplier invoices. The Convention and Cultural Services Department has a new contract in place that was approved at the February 25, 2025 Council meeting via Motion No. 2025-0054 for $357,000 through June 25, 2028.
The new contract went into effect on March 1, 2025. Unfortunately, the elevators and escalators at the SAFE Credit Union Convention Center required maintenance and repair before the new contract was implemented. Maintenance and repair of the elevators and escalators are critical to maintaining safety, reliability, and quality of services. This equipment must remain in compliance with state mandates for maintenance, safety, and repairs.
Financial Considerations: Sufficient funding is available (Community Center Fund, Fund 6010) in the Fiscal Year (FY) 2024/25 Convention and Cultural Services Department Operating Budget to make purchases through June 30, 2025.
Local Business Enterprise (LBE): The minimum LBE requirement is waived.
SACRAMENTO
CONTRACT
Office of the City C erk
ROUTING SHEET
Contract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.
General Information (Required)
Original Contract # (supplements only):
Assessor's Parcel Number(s):
Supplement/Addendum #:
Contract Effective Date: May 2, 2022
Contract Expiration Date (if applicable):04/30/2023
Adjusted $ Amount (+/-): $ Amount (Not to Exceed): $ 100,000.00 Other Party: Schindler Elevator Corporation
Project Title: Elevator and Escalator Preventative Maintenance Services Project #: Bid/RFQ/RFP #: Solicitation Number 20-05 (CO-OP) City Council Approval: NO if YES, Council File ID#:
Contract Processing Contacts
Department: Convention & Cultural Services Project Manager: Mack Smith Contract Coordinator: Vik Bhagirath Email: [email protected] Department Review and Routing
Accounting:
May 2, 2022
Supervisor:
Division Manager:
Other:
(Signature) (Date)
(Signature) (Date)
(Signature) (Date)
(Signature) (Date)
Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.) Recording Requested Other Party Signature Required
FOR CLERK & IT DEPARTMENTS ONLY DO NOT WRITr 7,14,Z 7 THIS LINE ‘2022-0401
CC Rev. 12.19.2018
Attachment 2 to Staff Report 2025-00783
Contract #2022-0401
ADDITIONAL TERMS AND CONDITIONS
COOPERATIVE PURCHASE AGREEMENT
The City of Sacramento ("City") and Schindler Elevator Corporation ("Contractor"), hereby agree to these Additional Terms and Conditions ("Additional Terms"), effective May 1, 2022.
WHEREAS, Contractor entered into Contract No. R200501 for the purchase of elevator industry equipment and repair, related products, and services with the Omnia Partners ("Omni") dated October 1, 2020 ("Cooperative Contract"), in which Contractor agreed to provide maintenance and repair services for elevators to governmental agencies that are members of Omnia Partner's Cooperative Purchasing Program ("Participating Public Agencies"); and WHEREAS, the term of the Cooperative Contract was for an initial term of three years, from October 1, 2020 through September 30, 2023, with the option to renew for two (2) additional one-year periods through September 30, 2025.
WHEREAS, the City, as a Participating Public Agency, wishes to have Contractor provide maintenance and repair services to elevators located at the Sacramento Convention Center located at 1400 J Street, Sacramento, CA 95814 pursuant to the terms of the Cooperative Contract and these Additional Terms.
NOW THEREFORE, Contractor and the City agree as follows:
1. The City agrees to the maintenance and repair services for elevators, pursuant to the terms of the Cooperative Contract, for maintenance and repair services as set forth in Quotation No. GHON-CACSLR (2021.4.1). A copy of Quotation No.
GHON-CACSLR (2021.4.1) is attached and incorporated herein by reference. Services include, but are not limited to, preventative maintenance services, repair/replacement of covered components, cleaning, and testing of safety devices.
2. The City shall have all the same rights and obligations as Omnia Partners under the Cooperative Contract. The terms of the Cooperative Contract shall apply to this purchase and shall control over any contrary terms included in the attached quotation.
3. Contractor agrees that requested services for maintenance and repairs of elevators at the Sacramento Convention Center shall beginning on May 1, 2022.
4. The terms in Quotation No. GHON-CACSLR (2021.4.1). shall apply to the services to be provided, except as set forth in this Section.
a. The Term of the Agreement shall be as follows:
This Agreement shall commence on May 1, 2022, and continues until April 30, 2023, with the option to renew for two (2) additional one-year periods unless terminated by either party upon written notice received by the other at least 90 days prior to the above termination date or ant renewal termination date, and not more than 120 days before the termination date. This does not impact the provisions for termination of the Agreement due to a default or material breach.
b. Article 1 in the Terms and Conditions is hereby amended to add the following:
No modification to the terms of this Agreement shall be valid unless approved in writing by the Contractor and City. c. Article 3 in the Terms and Conditions is hereby amended to add the following:
It is understood and agreed by Contractor that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract. Contractor shall provide the City with certificates evidencing the insurance required upon request.
Contractor agrees, to the extent permitted by law, to defend, hold harmless, and indemnify the City, its officers, and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims,
ADDITIONAL TERMS AND CONDITIONS
COOPERATIVE PURCHASE AGREEMENT
demands, losses, judgments, penalties, costs, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City's staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), including but not limited to Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not such Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor. d. Article 16 is added to the Terms and Conditions to read as follows:
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California.
Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in state trial court or Federal District Court located in Sacramento County in the State of California, and the parties' consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. Each side will bear their own costs and attorneys' fees in connection with this Agreement or any litigation arising out of this Agreement, except as required above. e. Article 17 is added to the Terms and Conditions to read as follows:
The parties may sign this Agreement in counterparts, each of which is considered an original, but all of which constitute the same agreement. Facsimiles, pdfs, and photocopies of signature pages of the agreement have the same binding effect as originals.
4. Contractor warrants and represents that the person or persons executing this Agreement on behalf of Contractor has or have been duly authorized by Contractor to sign this contract supplement and bind Contractor to the terms hereof.
5. Except as specifically modified herein, all terms and conditions of the Cooperative Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Agreement, as supplemented and modified by these Additional Terms.
Approval Recommended By: Approved As To Form By:
G4ia, 45Aar)LatX.
Project Manager
Approved By:
rtgeeLL 1,
City Attorney
Contractor
ADDITIONAL TERMS AND CONDITIONS
COOPERATIVE PURCHASE AGREEMENT
Approved By: Attested To By:
.4•AhvwfaL.
City of Sacramento City Clerk
Schindler Plus 1
OMNIA PARTNERS
SCHINDLER ELEVATOR CORPORATION
1329 N. Market Blvd.
Ste. 120
Sacramento, CA 95834-2941
Phone:
Fax: 916-928-1738
Date: January 06, 2022 Estimate Number: GHON-CACSLR (2021.4.1) To:
Sacramento Convention Center
1400 J Street
Sacramento, CA 95814
Attn: Mack Smith
agreement complies wit/
Number P2(7030 1
Campus Name:
Sacramento Convention Center
terms and conditions of the Omnia Partners Contract
EQUIPMENT DESCRIPTION
See attached equipment list.
SCHINDLER ELEVATOR CORPORATION ("Schindler", "we", "us") 1329 N. Market Blvd.
Ste. 120, Sacramento, CA 95834-2941, and SACRAMENTO CONVENTION CENTER , 1400 J Street , Sacramento, CA 95814 ("you") agree as follows:
PREVENTIVE MAINTENANCE SERVICE
• Our preventive maintenance program performed in accordance with a maintenance schedule specific to your equipment and its usage
• Examine, lubricate, adjust, and repair/replace covered components • Criteria for replacement of all wire ropes will be the appropriate factor of safety • Prompt callback coverage
• Safety testing
• Customer friendly and responsive communications
PREVENTIVE MAINTENANCE PROGRAM
Our Preventive Maintenance Program, as described in this agreement will be performed in accordance with a maintenance schedule specific to your equipment. A Schindler technician will be assigned to you, and back up technicians are available as required to give you prompt service as required at all times. A Schindler account representative will be assigned to you, and will be your primary contact for communications regarding your agreement. Also available to you is our extensive technical support and parts inventory, at the site as needed, and local warehouses and our national Service Distribution Center available for express delivery in emergencies.
EXAMINE, LUBRICATE, ADJUST, AND REPAIR/REPLACE COVERED COMPONENTS We will periodically examine, lubricate, adjust, and as needed or if usage mandates, repair, or replace the Covered Components listed below.
GHON-CACSLR
2021.4.1
Public Sector
TRACTION ELEVATORS
Basic components: Selector motors; brake: pads, lining, disks or shoes, magnet coils, brushes & commutators; controller components: resistors, timers, fuses, overloads, minor contacts, wiring, coils; functional components of car and corridor operating stations; hangers and tracks, door operating devices, door gibs, guide shoes, rollers, traveling cables, signal lamps (replacement during regular visits only), interlocks, door closers, buffers, overspeed governors, car and counterweight safeties, alarm bells, switches, and door protection devices.
Major components: Hoist motors, hoist ropes, bearings for machine and sheaves, machine brake, motor generators, PC boards, sheave & sheave assemblies, solid state devices, compensation ropes and chains, and contactors.
ESCALATORS
Basic components: Step rollers, belts, controller components: resistors, timers, fuses, overloads, minor contacts, wiring, coils; brake: pads, lining, disks or shoes.
Major components: Brake, escalator machine or drive units, handrail, handrail drive chains, main drive chains or belts, PC boards, solid state devices, contactors, sprockets, step chains.
We assume no responsibility for the following items: hoistway door hinges, panels, frames, gates and sills; cabs and cab flooring; freight elevator door straps, cab doors, gates and removable cab panels; cab mirrors and handrails; power switches, fuses and feeders to controllers; emergency cab lighting; light fixtures and lamps; cover plates for signal fixtures and operating stations; card readers or other access control devices; smoke/fire alarms and detectors; pit pumps and alarms; cleaning of cab interiors and exposed sills; plungers, pistons, casings and cylinders; automatic ejection systems; all piping and connections except that portion which is exposed in the machine room and hoistway; guide rails; tank; emergency power generators; telephone service, communication devices; disposal of used oil; intercom or music systems; ventilators, air conditioners or heaters; adverse elevator operation as a result of machine room temperatures (including temperature variations below 60 degrees Fahrenheit and above 90 degrees Fahrenheit); media displays; computer consoles or keyboards; fireman's phones; exterior panels, skirt and deck panels, balustrades, relamping of illuminated balustrades; attachments to skirts, decking or balustrades; moving walk belts; pallets; steps; skirt brushes; sideplate devices; any batteries associated with the equipment; obsolete items, (defined as parts, components or equipment either 20 or more years from original installation, or no longer available from the original equipment manufacturer or an industry parts supplier, replaceable only by refabrication.) In the event that safety testing is performed by us at the start of the Agreement, and we find that critical safety components, such as the governor and/or safeties for traction equipment, and/or valves on hydraulic equipment, are not operating correctly, therefore resulting in unsafe conditions, you will be responsible to authorize the necessary repairs/replacements of this equipment, at your expense.
CLEANING
We will periodically clean the machine room, car top, and pit of debris related to our work in these areas.
GHON-CACSLR
2021.4.1
TESTING OF SAFETY DEVICES
Equipment Test Frequency
Geared No Load Annually
Geared Full Load Every 5 years
Gearless No Load Annually
Gearless Full Load Every 5 years
Escalator Safety Switch Test Annually
Standby Labor for Fire Alarm testing Annually
Our testing responsibilities do not include fees or changes imposed by local authorities in conjunction with witnessing, witnessing costs, inspecting, assisting inspection authorities, licensing or testing the Equipment including observation of testing by 3rd parties; changes in the testing requirements after the initial start date of this Agreement, or any other testing obligations other than as specifically set forth above, including, but not limited to seismic tests. Since these tests may expose the equipment to strains well in excess of those experienced during normal operation, Schindler will not be responsible for any damage to the equipment or property, or injury to or death of any persons, resulting from or arising out of the performance of these tests.
Further, our testing responsibilities do not include performance, or the keeping of records related to, monthly firefighters service.
CUSTOMER FRIENDLY AND RESPONSIVE COMMUNICATIONS
Service dispatching will take place through our Schindler Customer Service Network (SCSN), which is staffed by qualified Schindler personnel, 24 /7. You will be provided with a customer identification number, which must be referenced when a call is placed for your facility. Our dispatchers will have access to your building's service call records, and will promptly relay the details of your call to the assigned technician.
SCHINDLER AHEAD
You will be provided access to the Schindler Ahead tools, which include Schindler Ahead hardware connectivity, Core service in the tier described below, Schindler Actionboard and Actionboard Mobile.
You will also be provided access to the optional Ahead Digital Services as selected and described below.
Schindler Ahead provides remote connectivity to your Equipment. Schindler Ahead will automatically notify us if any connected component or function is operating outside established parameters. When appropriate, we will communicate with you to schedule appropriate service calls. Monitoring will be performed 24/7 and will automatically communicate with our Customer Service Network using dedicated wireless cellular technology.
Schindler will make every reasonable effort to maintain wireless connectivity. If requested, you will provide the proper wiring diagrams for the equipment covered. These diagrams will remain your property, and will be maintained by Schindler for use in troubleshooting and servicing the equipment.
Schindler ActionBoard and ActionBoard Mobile are communication technologies that provide access to real- time information about your equipment including: performance history, reports, push notifications, service call records, unit profiles and more.
Your contract includes the above features as well as the following Core package:
This Agreement does not include Schindler Ahead.
If you would like information on upgrading your Core package, please discuss with your sales rep. The upgraded packages are:
Connect — Schindler's Connect package provides wireless cellular communication from your equipment's controller to Schindler's data network. This allows the Schindler Cube or Schindler SRM to be connected to your
GHON-CACSLR
2021.4.1
equipment 24/7. The Connect package also provides access to the basic features of ActionBoard/Dashboard and ActionBoard Mobile/Dashboard Mobile, giving you real time information on your equipment.
Enhanced — The Enhanced Package includes access to Schindler's Elevated Support Professional Team. This team analyzes information gathered by Schindler Ahead, which improves the reliability of your equipment and improves the response time. The Elevated Support Professional Team can alert you when a shutdown is detected, helps confirm issues remotely, and provides real-time ETAs for technicians en route. With these enhanced diagnostics, we can guarantee that you will not be charged for Running on Arrival calls. Under the "No Running on Arrival Guarantee," Schindler will fully cover the cost of any callback during regular hours related to the following situations: Elevator or Escalator Running in normal operation, or running under any of the following special services modes: Independent service, Fireman's service (Phase I or Phase II), or Inspection operation. All other callbacks will be billed as outlined in the service agreement.
Premium — The premium package is our top tier,-and was created for customers requiring the most comprehensive level of service. Our premium package offers the highest level of functionality and support. The Premium tier also includes concierge level assistance for all of your service needs.
Optional Digital Services:
The following digital services are also available:
Digital Alarm — The Schindler Ahead in-car emergency phone service will be added to your digital package.
This service includes a reliable digital connection between your existing or new in-car emergency phone and our Schindler Customer Service Network that handles incoming and outgoing emergency calls with passengers in the elevator. To ensure reliability, Schindler Ahead phone service also provides monitoring of this connection.
This in-car emergency phone service feature will be added along with the Schindler Core Services, and is contingent upon code approval by the local authority having jurisdiction. The Schindler Ahead solution must be installed and confirmed by Schindler to be communicating before you proceed with plans to remove or cancel your existing service provider's line for your in-car emergency phone. Schindler will notify you once the Schindler Ahead connection is confirmed. This will ensure there is no disruption with the emergency communications with passengers in the elevator. If proprietary telephone equipment exists, you agree to replace the proprietary hardware with compatible hardware for an additional cost.
Initial Here to add DigitalAlarm for $25 per unit, per month in addition to the subscription price shown in the Price section below
ElevateMe - The Schindler Ahead ElevateMe service, which requires a compatible elevator controller, enables passengers to call an elevator via their personal smartphone. Any smartphone with an Apple iOS or a Google Android operating system, can download the ElevateMe app from the respective app store. Via the app the elevator can be called, and the desired destination floor entered. The smartphone will substitute the typical elevator call via a landing or car operating panel*. Once the service is active, all passengers using the smartphone application can place destination calls. The elevator must be equipped with Schindler Ahead to offer the feature. *The landing and operating panels will remain and work as is.
Scope of Services:
Software update and activation of feature on Schindler Cube Creation, printing and installation of QR Codes
Commissioning of system, testing and registration via Schindler Ahead Control Center Permanent Monitoring and support via the Technical Operation Center (TOC) Regular Over-The-Air Update to ensure reliability and security of the hardware Initial Here to add ElevateMe for $25 per unit, per month in addition to the subscription price shown in the Price section below
GHON-CACSLR
2021.4.1
Schindler Ahead, your Core package, and the digital services described in this agreement require Schindler Ahead Connectivity. If your existing unit(s) are not equipped with the Connectivity to enable the selected services, we will provide a separate invoice for this cost. By signing this agreement, you agree to pay the costs associated with this activation. Work shall be performed during our regular working hours of our regular working days. Title to Hardware remains with Schindler. Schindler may replace or modify Hardware at any time. Customer shall promptly provide Schindler access to Hardware and prevent unauthorized access thereto.
CALLBACK RESPONSE TIME
We will respond to callbacks during regular working hours within an average of 4 hours of notification, and during overtime hours within an average of 12 hours of notification, unless we are prevented from doing so by causes beyond our control.
HOURS OF SERVICE
We will perform the services during our regular working hours of regular working days, excluding elevator trade holidays. The services include 24 hour emergency minor adjustment callbacks. All other work outside the services will be billed at our standard billing rates. A request for service will be considered an "emergency minor adjustment callback" if it is to correct a malfunction or adjust the equipment and requires immediate attention (either due to a passenger entrapment, loss of access to a floor, or complete loss of elevator service) and is not caused by misuse, abuse or other factors beyond our control. The term does not include any correction or adjustment that requires more than one technician or more than two hours to complete.
TERM
This Agreement commences on May 01, 2022, and continues until April 30, 2025. with Option to renew for two (2) additional one-year periods unless terminated by either party upon written notice received by the other party at least 90 days prior to the above termination date or any renewal termination date, and not more than 120 days before the termination date.
PRICE
In consideration of the services provided hereunder, you agree to pay us the sum of $5,512.00 per month, payable in annual installments of $66,144.00, exclusive of applicable taxes.
This Agreement does not include Schindler Ahead. If you would like to choose a Schindler Ahead tier, please indicate by checking below:
[ ] Upgrade to the Connect Package - $10 per unit, per month addition. [ ] Upgrade to the Enhance Package - $20 per unit, per month addition.
The packages above are dependent upon applicable equipment type and hardware installation, which will be installed at the owner's expense. Please contact your Schindler Rep for more information.
PRICE ADJUSTMENT
The contract Price and labor rates for extra work will be adjusted annually in January. This adjustment will be based upon the local labor rate adjustment for the year in which it is adjusted, and will be increased or decreased on the basis of changes to the local straight time hourly rate for mechanics. If there is a delay in determining a new labor rate, or an interim determination of a new labor rate, we will notify you and adjust the price at the time of such determination, and we will retroactively bill or issue credit, as appropriate, for the period of such delay. We also reserve the right to adjust the contract price quarterly / annually on the basis of changes in other expenses such as fuel, waste disposal, government regulations or administrative costs. Should you elect to take the annual pre-payment option, the price adjustment date will default to coincide with the invoice date.
GHON-CACSLR
2021.4.1
The annual contract price adjustment will not apply to Schindler Ahead. Schindler reserves the right to make adjustments to the monthly fee for the Schindler Ahead tiers as additional value added features and functionality are added to the selected offering.
Special Terms and conditions:
1. Service callbacks on all national or union holidays, for non-vandalism, is covered under this agreement
2. Special Billing Rates for work outside the scope of the agreement aterial billing rates
MECH MECH MECH MECH Helper Helper Helper per Teaffl
Office Geographic Area sr OT
HTO
DT ST
DT
ATO DT
ST
OT
ATO
8610 Reno 390.92 664,57 273.65 781.84 312.74 531 65 218.92 625.48 703.66 1196,22 492.56 14 2
3. Agreement includes standby labor for annual fire alarm testing or "Smoke" test. Schindler will provide a total of (4) man hours. If additional labor is required it will be billed at our normal billing rates. Schindler requires 15 working days notice prior to the scheduled test. If 15-day notice is not given and Schindler is required to be on site before the 15 working days, Schindler reserves the right to invoice for the standby labor at our normal billing rates. Standby labor for "Smoke" test must be done at the time of the annual elevator testing. In the event the owner requires contractor to provide standby labor outside of our annual testing, contact will provide a fixed price proposal for the labor.
Clarifications
1. Agreement does not include escalator clean downs
2. Agreement does not include escalator step cleaning
GHON-CACSLR
2021.4.1
(1) Please select a Method of Payment:
Direct Debit
Credit Card
Visa
Number:
PAYMENT OPTIONS
1% Discount (Attach Copy of voided check)
3% Addition
MC AMEX
Expiration Date .
Signature:
Check
Other:
(2) Please select a Payment Frequency (Other than Annual):
Semi-Annual 1% Addition
Quarterly 3% Addition
Monthly 5% Addition
GHON-CACSLR
2021.4.1
The attached terms and conditions are incorporated herein by reference.
Acceptance by you as owner's agent or authorized representative and subsequent approval by our authorized representative will be required to validate this agreement.
Proposed: Accepted:
By: Gregory Houghton By:
For: Schindler Elevator Corporation For: Sacramento Convention Center Title: Sales Representative Title:
Date: Date: January 06, 2022
Approved:
By: Bradley Lay
Title: General Manager
Date:
GHON-CACSLR
2021.4.1
TERMS AND CONDITIONS
1. This is the entire Agreement between us, and no other terms or conditions shall apply. This service proposal does not void or negate the terms and conditions of any existing service agreement unless fully executed by both parties. No services or work other than specifically set forth herein are included or intended by this Agreement.
2. You retain your responsibilities as Owner and/or Manager of the premises and of the Equipment. You will provide us with clear and safe access to the Equipment and a safe workplace for our employees as well as a safe storage location for parts and other materials to be stored on site which remain our property, in compliance with all applicable regulations related thereto, you will inspect and observe the condition of the Equipment and workplace and you will promptly report potentially hazardous conditions and malfunctions, and you will call for service as required; you will promptly authorize needed repairs or replacements outside the scope of this Agreement, and observe all testing and reporting responsibilities based upon local codes. You will not permit others to work on the Equipment during the term of this Agreement. You agree that you will authorize and pay for any proposed premaintenance repairs or upgrades (including any such repairs or upgrades proposed during the first 30 days of this agreement), or we will have the option to terminate this Agreement immediately, without penalty to us. You agreed to post and maintain necessary instructions and / or warnings relating to the equipment.
3. We will not be liable for damages of any kind, whether in contract or in tort, or otherwise, in excess of the annual price of this Agreement. We will not be liable in any event for special, indirect or consequential damages, which include but are not limited to loss of rents, revenues, profit, good will, or use of Equipment or property, or business interruption.
4. Neither party shall be responsible for any loss, damage, detention or delay caused by labor trouble or disputes, strikes, lockouts, fire, explosion, theft, lightning, wind storm, earthquake, floods, epidemics, pandemics, storms, riot, civil commotion, malicious mischief, embargoes, shortages of materials or workmen, unavailability of material from usual sources, government priorities or requests or demands of the National Defense Program, civil or military authority, war, insurrection, failure to act on the part of either partys suppliers or subcontractors, orders or instructions of any federal, state, or municipal government or any department or agency thereof, acts of God, or by any other cause beyond the reasonable control of either party. Dates for the performance or completion of the work shall be extended by such delay of time as may be reasonably necessary to compensate for the delay.
5. You will assign this Agreement to your successor in interest, should your interest in the premises cease prior to the initial or any renewal termination date. If this Agreement is terminated prematurely for any reason, other than our default, including failure to assign to a successor in interest as required above, you will pay as liquidated damages (but not penalty) one/half of the remaining amount due under this Agreement.
6. The Equipment consists of mechanical and electrical devices subject to wear and tear, deterioration, obsolescence and possible malfunction as a result of causes beyond our control. The services do not guarantee against failure or malfunction, but are intended to reduce wear and prolong useful life of the Equipment. We are not required to perform tests other than those specified previously, to install new devices on the equipment which may be recommended or directed by insurance companies, federal, state, municipal or other authorities, to make changes or modifications in design, or to make any replacements with parts of a different design. We are responsible to perform such work as is required due to ordinary wear and tear. We are not responsible for any work required, or any claims, liabilities or damages, due to: obsolescence; accident; abuse; misuse; vandalism; adverse machine room conditions (including temperature variations below 60 degrees and above 90 degrees Fahrenheit) or excessive humidity; overloading or overcrowding of the Equipment beyond the limits of the applicable codes; use of a stopped escalator as a stair; adverse environmental or premises conditions, including but not limited to water damage, power fluctuations, rust, or any other cause beyond our control. We will not be responsible for correction of outstanding violations or test requirements cited by appropriate authorities prior to the effective date of this agreement.
7. Invoices (including invoices for extra work outside the fixed price) will be paid upon presentation, on or before the last day of the month prior to the billing period. Late or non-payments will result in:
(a) Interest on past due amounts at 1%% per month or the highest legal rate available; (b) Termination of the Agreement on ten (10) days prior written notice; and (c) Attorneys' fees, cost of collection and all other appropriate remedies for breach of contract.
GHON-CACSLR
2021.4.1
8. If either party to this Agreement claims default by the other, written notice of at least 30 days shall be provided, specifically describing the default. If cure of the default is not commenced within the thirty-day notification period, this Agreement may be terminated. In the event of litigation, the prevailing party will be entitled to its reasonable attorneys' fees and costs. If you elect to modernize any or all of the Equipment during the term of this agreement, you will give us the option, within a reasonable time, to prepare an offer for the work and/or evaluate competitor proposals and compare scope of work and price. If we are unable to match price and scope of work, or present an alternative proposal, this Agreement may be canceled with ninety (90) days written notice.
9. Any proprietary material, information, data or devices contained in the equipment or work provided hereunder, or any component or feature thereof, remains our property. This includes, but is not limited to, any tools, devices, manuals, software, modems, source/ access/ object codes, passwords. In the event Schindler's maintenance obligation is terminated, the Schindler Ahead features (SA") (if applicable) will be deactivated and Schindler reserves the right to remove the Schindler Ahead hardware. If Schindler is no longer the maintenance provider, Customer is responsible for obtaining alternative telephone service for the elevator phones.
10. You will prevent access to the Equipment, including the SA feature and/or dedicated telephone line if applicable, by anyone other than us. We will not be responsible for any claims, losses, demands, lawsuits, judgment, verdicts, awards or settlements ("claims") arising from the use or misuse of SA, if it or any portion of it has been modified, tampered with, misused or abused. We will not be responsible for use, misuse, or misinterpretation of the reports, calls, signals, alarms or other such SA output, nor for claims arising from acts or omissions of others in connection with SA or from interruptions of telephone service to SA regardless of cause. You agree, which obligation shall survive this Agreement, that you will defend, indemnify and hold us harmless from and against any such claims, and from any and all claims arising out of or in connection with this Agreement, and/or the Equipment, unless caused directly and solely by our established fault.
11. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this Agreement will take precedence over those of the purchase order.
12. Schindler Elevator Corporation is insured at all locations where it undertakes business for the type of insurance. You agree to accept, named as certificate holder, in full satisfaction of the insurance requirements for this Agreement, our standard Certificate of Insurance. Limits of liability as follows:
(a) Workers' Compensation - Equal to or in excess of limits of Workers' Compensation laws in all states and the District of Columbia.
(b) Comprehensive Liability - Up to Two Million Dollars ($2,000,000.00) single limit per occurrence, Products/Completed Ops Aggregate $5,000,000.
(c) Auto Liability - $5,000,000 CSL.
(d) Employer's Liability - $5,000,000 Each Accident/Employee/Policy Limit.
13. You hereby authorize us to produce single copies of the EPROM and/or ROM chips for each elevator subject to this Agreement for the sole purpose of archival back-up of the software embodied therein. The duplicate chip(s) for a given elevator shall be identified by serial number, or other means, and shall be stored on the building premises in a secured area in the elevator equipment room or you may retain possession. We agree that back-up chips are not for the benefit of purchase or sale, or for use in other elevator systems, and shall be used for no other purpose than the replacement of a defective or damaged chip on the particular elevator. In the event that your continued possession of the computer program should cease to be rightful, we agree that all such archival copies shall be destroyed.
14. You acknowledge that certain replacement parts, such as printed circuit boards or control related parts, may be difficult to obtain. While we do not anticipate problems or delays obtaining such parts, it may be necessary or desirable for you to order such parts directly from the original equipment manufacturer ("OEM"). You agree, in such event, to order parts promptly from the OEM, at any time and from time to time, as specified by us. We agree to reimburse you for the reasonable cost of such parts (as covered by this Agreement) promptly upon receipt from you of copies of the invoice(s) together with appropriate payment documentation.
15. Should conditions arise requiring use of the OEM diagnostic tool, we will promptly notify you. You agree, in such event, to promptly contact the OEM for diagnostic service and repair. You will be responsible for all costs related to such service and repair. You further agree that we shall not be responsible for any delays, damage, costs or claims associated with you or OEM's failure to timely provide a diagnostic tool, and you will indemnify, defend and hold us harmless from any such delays, damage, cost or claim.
GHON-CACSLR
2021.4.1
Sacramento Convention Center
Equipment List
EQUIPMENT DESCRIPTION
Qty Manufacturer Equipment Application Description
Rise/Length
Openings Capacity Speed Install#
Sacramento Convention Center
1400 J Street Sacramento, CA 95814
1 Otis Escalator ESC 5 >30&<=40 90
1 Otis Escalator ESC 6 >30&<=40 90
1 Otis Escalator ESC 7 >30&<=40 90
1 Otis Escalator ESC 8 >10&<=20 90
1 Otis Gearless Service Elevator 3 2E/1R 5000 200 G20-6570 1 Minnesota Geared Freight Elevator 2 2E/1R 6000 300 185874 1 Otis Gearless Passenger Elevator 1 25/1R 3500 200 G25-6570 1 Otis Gearless Passenger Elevator 7 1F/1R 3500 200 185872
GHON-CACSLR
2021.4.1
, . AccoRi) CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 04/27/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Willis Totaers Watson Northeast, Inc .
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 372305191 USA
CONTACT
NAME: David 0' Leary
PFIONE 1-877-945-7378 FAX
(NC. No. Ern: f AIC No): 1-888-467-2378
EMAIL ADDRESS: aertificates@willis . COM
INSURER(S) AFFORDING COVERAGE MAIC #
INSURER A : Zurich American Insurance Company 1.6535
INSURED
Schindler Elevator Corporation
B.O. Box 1935
20 Whippany Road
Morristown, Nil 07962
INSURER B: American Zurich Insurance Company 40142
INSURER C:
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: W24617867 REVISION NUMBER.
Tills Is To CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE ADDL
INSD
SUER
WVD POLICY NUMBER POLICY REF
_IMM/DDIYYYYUMMIDEVYYYTh
POLICY EXP LIMITS
A
X COMMERCIALGENERAL LIABILITY
Y Y GLO 6445435 32 01/01/2022 01/01/2023
EACH OCCURRENCE $ 2,000,000
CLAIMS-MADE X OCCUR DAMAGE TO RENTED
PREMISES (Es occurrence) $ 1,000,000
X COrtractlsal Liability MED EXP (Any ono person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000
GEN'L
x
AGGREGATE LIMIT APPLIES
POLICY L j PRO-
JEcT
OTHER:
PER:
] LOC
GENERAL AGGREGATE $ 5,000,000
PRODUCTS - COMP/OP AGG $ 5,000,000
$
A
AU
X
— v.
_
.....
"
e. —
OMOBILE LIABILITY
ANY AUTO
OWNED
A
H
U
IR
T
E
0 D
S ONLY
AUTOS ONLY
...,,,/
''''
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
Y ¥ RAP 6445436 32 01/01/2022 01/01/2023
COMBINED SINGLE LIMIT
(Ea accident}
$ 5,000,000
BODILY INJURY (Par parson) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accIden0 $
$
—
UMBRELLA uAtt
EXCESS LIAB
OCCUR
CLAIMS-MADE
•
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $ $
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y IN
ANYPROPRIETORNARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED? No
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Nii A T WC 6668187-31 01/01./2022 01/01/2023
)( ISN TLITE ER
OTH-
El. EACH ACCIDENT $ 5,000,000
E.L. DISEASE - EA EMPLOYEE $ 5 , 000 ,000
F.L. DISEASE - POLICY LIMIT $ 5,000,000
A Workers Compensation &
Employers Liability
Per Statute
r WC 644543B-33 01/01/2022 01/01/2023 EL Each Accident
EL Disease - EA Empl.
EL Disease - Eol lot.
$5,000,000
$5,000,000
$5,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be atlached if more space is required) 5EC8610 - CoNT# TED
The insurance coverage referenced for the Additional Insured(s), per policy form and written contract, is Primary and Non-contributory.
waiver of Subrogation is provided on the referenced policies to the extent required by written contract and where
CERTIFICATE HOLDER CANCELLATION
City of Sacramento
c/o Exigis LLC
PO Box 947
Nurrieta, plIt 92564 /4 4 .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZEDREPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SE ID! 22520973 BATCH. 2503753
AGENCY CUSTOMER ID:
LOC #:
ACC•RE) ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY NAMEDINSURED
Schindler Elevator Corporation Willis Towers Watson Northeast, Inc. P.O. Box 1935 POLICY NUMBER 20 Whippany Road
See Page 1 Morristown, NJ 07962
CARRMR NAICCODE
See Page 1 See Page 1 EFFECTIVE DATE: See Page 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance permitted by law.
1400 J Street, Sacramento, CA 95814.
To the extent required by written contract, the following are named as Additional /nsureds: The City, ite officials, employees and volunteers
Insurance coverage is not applicable until the data that a contract is executed between Schindler and City of Sacramento for work at 1400 J Street, Sacramento, CA 95814.
ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SR ID: 22520973 BATCH: 2503753 CERT: W24617867
Notification to Others of Cancellation ZUR CH
Policy No. Eff, Date of POI, Exp. Date of Pol Eff, Date of End, Producer No. Add'I. Prem Return Prem.
GLO 6445435-32 01/01/2022 01/01/2023 01/01/2022 18741-822 Included THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the.
Commercial General Liability Coverage Part
Liquor Liability Coverage Part
Products/Completed Operations Liability Coverage Part
A. If we cancel this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice ofcancellation:
1. To the name and address corresponding to each person or organization shown in the Schedule below; and
2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below.
B. If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premiurn, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation.
C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice.
SCHEDULE
Name and Address of Other Person(s) /
Organization(s): Number of Days Notice:
City of Sacramento
cfo Exigis LLC
PO Box 947
Murrieta, CA 92564
30 All other terms and conditions of this policy remain unchanged.
U-GL 1446-A CW (05/10)
Includes copyrighted material of Insurance Services Office, Inc., wffh its permission.
Notification to Others of Cancellation or
ZURICH
Nonrenewal
Policy No, Eft Date of Pot Exp. Date of POI, Eff, Date of End. Producer No. Add'I. Prem Return Prem.
BAP 6445436 32 01/01/2022 01/01/2023 01/01/2022 18741-000 N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial Automobile Coverage Part
A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non-renewal:
1. To the name and address corresponding to each person or organization shown in the Schedule below; and
2. At least 10 days prior to the effective date of the cancellation or non-renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below.
B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation.
C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice.
SCHEDULE
Name and Address of Other Person(s) /
Organization(s): Number of Days Notice:
City of Sacramento
See U-GL-1446-A CW (05/10) 30
All other terms and conditions of this policy remain unchanged.
U-CA-810-A CW (05/10)
Inciudes copyrighted material of Insurance Services Office, Inc., with its permission.
POLICY NUMBER: GLO 6445435-32 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations
As required by Written Contract. As required by Written Contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section 11 — Who Is An Insured is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Schedule, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting
on your behalf;
in the performance of your ongoing
operations for the additional insured(s) at
the location(s) designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent
permitted by law; and
2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to
such additional insured will not be
broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to "bodily injury"
or "property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the additional
insured(s) at the location of the covered
operations has been completed; or
2. That portion of "your work" out of which the
Injury or damage arises has been put to its
intended use by any person or
organization other than another contractor
or subcontractor engaged in performing
operations for a principal as part of the
same project.
CG 2010 04 13
@ Insurance Services Office, Inc. 2012
C. With respect to the insurance afforded to
these additional insureds, the following is
added to Section III — Limits Of
Insurance:
If coverage provided to the additional insured
is required by a contract or agreement, the
most we will pay on behalf of the additional
insured is the amount of insurance:
1.Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the declarations; whichever is
less.
This endorsement shall not increase the applicable
Limits Of Insurance shown in the Declarations.
CG 2010 04 13
© Insurance Services Office, Inc, 20 I 2 Page 2 of 2
POLICY NUMBER: GLO 6445435 32 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Nonconbibutory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 01 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1 Waiver Of Subrogation (Blanket) Endorsement
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem, GLO 6445435-32 01/01/2022 01/01/2023 18741822 $ INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
if you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest.
U-GL-925-B CW (12/01)
POLICY NUMBER: BAP 6445436-32 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsernent modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: SCHINDLER ELEVATOR CORPORATION
Endorsement Effective Date: 01/01/2022
SCHEDULE
Name Of Person(s) Or Organization(s):
WHERE REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An insured provision
contained in Paragraph A.1. of Section II — Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms and Paragraph D.2. of
Section I — Covered Autos Coverages of the Auto
Dealers Coverage Form.
CA 20 48 10 13 Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: BAP 6445436-32 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the previsions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: Schindler Elevator Corporation
Endorsement Effective Date: 01/01/2022
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Where required by written contract executed prior to loss.
Information required to complete this Schedule, If not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or erganization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.
CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 . Page 1 of 1 Wolters Kluwer Financial Services l Uniform Formsm
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 Policy Number: WC 6668187-31 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN
CONTRACT, OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE
ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION.
WC 00 03 13
(Ed. 4-84)
@ION National Council on Compensation insurance.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 Policy Number: WC 6445438-33
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN
CONTRACT, OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE
ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS
POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 00 03 13
(Ed. 4-84)
1983 National Council on Compensation Insurance.
SchindlerPlusDate: July 19, 2024Prepared For:Sacramento Convention Center1400 J StreetSacramento, CA 95814
GHON-D7BN8U (2024.2.1)Date:July 19, 2024Estimate Number:To:Sacramento Convention Center 1400 J Street Sacramento, CABuilding Name:Sacramento Convention CenterFrom:1329 N. Market Blvd.Ste. 120Sacramento, CA 95834-2941Phone: 510/382-2208Fax: 916-928-1738EQUIPMENT DESCRIPTIONSee attached equipment list.SCHINDLER ELEVATOR CORPORATIONSchindlerSACRAMENTO CONVENTION CENTERPREVENTIVE MAINTENANCE PROGRAMSchindler shall furnish Preventative Maintenance at a frequency either determined by the applicable Authority Having Jurisdiction (AHJ) for this location at the time of original commencement, or if no such local requirements exist, in accordance with ASME A17.1. Schindler has developed Maintenance Control Programs (MCPs) for each relevant Equipment type, which meet and exceed ASME code requirements. Our MCPs incorporate tasks, task description, relevant ASME A17.1 code references, and planned performance intervals. These tasks will be completed by a trained Schindler technician. All completed tasks are recorded digitally and are accessible to you, for reference purposes, on our Schindler ActionBoard (web portal).We will examine, lubricate, and adjust, the Covered Components listed below:TRACTION ELEVATORS Basic components: Machine Room EquipmentOverspeed governors, selectors, minor contacts, wiring, coils, and brushesController EquipmentResistors, timers, fuses, overload switches, minor contacts, wiring, and coilsCar EquipmentRoller assemblies, loadweighing devices, and car safety devicesDoor EquipmentDoor operating devices, door protection devices, hangers, closers, interlocks, contacts, and gibsHoistway and Pit EquipmentLimit switches, buffers (car and counterweight), and tension sheaves (governor and selector)Signals and AccessoriesCar operating panels, hall stations, in-car and hall lanterns, and their applicable buttons,keyswitches, and bells; signal lamps shall be replaced during regular visits only unless a servicerequest is initiated, in which case that request shall be billable at our standard billing ratesMajor components:
Machine Room EquipmentMachines, motors and motor assemblies, sheaves and sheave assemblies, brakes and brakeassemblies (including pads, linings, and disks or shoes), selector tape, bearings, hoist ropes or belts,and governor ropesController EquipmentSolid state devices, drives, and PC boardsHoistway and Pit EquipmentCompensation rope/chain and associated assembliesAdditional ItemsTraveling cables and other miscellaneous wiringESCALATORS Basic components: Controller EquipmentResistors, timers, fuses, overload switches, minor contacts, wiring, and coilsInternal Mechanical EquipmentRollers, belts, and safety switchesAdditional ItemsDemarcation and comb lights, comb plates, keyed switches, and emergency stop switchesMajor components: Controller EquipmentSolid state devices, drives, and PC boardsInternal Mechanical EquipmentMachines, motors and motor assemblies, sheaves and sheave assemblies, brakes and brakeassemblies (including pads, linings, and disks or shoes), bearings, sprockets, axles, drive chains,and step chainsAdditional ItemsHandrailsCLEANINGAs conditions or ASME code dictate, Schindler shall clean the machine room, car top, and pit of debris related to our work in these areas.
CALLBACK COVERAGEService dispatching will take place through our Schindler Customer Service Network (SCSN), which is staffed by qualified Schindler personnel, 24/7. You will be provided with a customer identification number, which must be referenced when a call is plarecords, and will promptly relay the details of your call to the assigned technician.Schindler shall provide emergency minor adjustment callbacks during regular working hours. If you authorize callbacks outside regular working hours, you will pay us at our standard billing rates, plus materials not covered by contract, expenses and travel. All other work outside the services will be billed at our standard billing rates. A adjust the equipment and requires immediate attention and is not caused by misuse, abuse or other factors beyond our control. The term does not include any correction or adjustment that requires more than one technician or more than two hours to complete.REPAIRSAs conditions, usage, or as ASME code dictate, Schindler shall repair or replace the Covered Components. Replacements for the Covered Components are available either at a local Schindler location, at our national Service Distribution Center, or within our network of Schindler approved, third-party suppliers.TESTING OF SAFETY DEVICESEquipmentGearedGearedGearlessGearlessEscalatorTestNo Load Full Load No Load Full Load Safety Switch Test FrequencyAnnually Every 5 years Annually Every 5 yearsAnnuallyOur testing responsibilities do not include fees or changes imposed by local authorities in conjunction with witnessing, witnessing costs, inspecting, assisting inspection authorities, licensing or testing the Equipment including observation of testing by 3rd parties; changes in the testing requirements after the initial start date ofthis Agreement, or any other testing obligations other than as specifically set forth above, including, but not limited to seismic tests. Since these tests may expose the equipment to strains well in excess of those experienced during normal operation, Schindler will not be responsible for any damage to the equipment or property, or injury to or death of any persons, resulting from or arising out of the performance of these tests.Further, our testing responsibilities do not include performance, or the keeping of records related to, monthly firefighters service.HOURS OF SERVICEUnless otherwise noted above, all work shall be completed during our regular working hours of regular working days, excluding elevator trade holidays.SCHINDLER AHEADSchindler Ahead is a digital closed-loop system which, via a dedicated wireless cellular signal, provides remote connectivity between your Equipment and Schindler, allowing us to be notified 24/7 if any connected component or function is operating outside established parameters. Schindler Ahead can help improve your Equipment reliability, provide you with deeper insights, superior convenience, and greater cost control.Your contract includes the above features as well as the following Core package:This Agreement does not include Schindler Ahead.
If you would like information on upgrading your Core package, please discuss with your sales rep. The upgraded packages are:ConnectThe Connect package includes 24/7 monitoring of your Equipment, which allows for real-time visibility of Equipment operating status, and select operating parameters, on the Schindler ActionBoard (web portal) and ActionBoard Mobile (phone application) platforms. Performance history, reliability data, and many other customizable reports and features, are available on the ActionBoard platforms.EnhancedThe Enhanced package includes 24/7 monitoring of your Equipment, which allows for real-time visibility of Equipment operating status, and select operating parameters, on the Schindler ActionBoard (web portal) and ActionBoard Mobile (phone application) platforms. Performance history, reliability data, and many other customizable reports and features, are available on the ActionBoard platforms. Additionally, Enhanced information gathered by Schindler Ahead, which can help reduce equipment downtime in a shutdown situation by performing advanced troubleshooting and can help improve equipment reliability in non-shutdown situations, by scheduling future maintenance on components necessitating it. When appropriate, the ESP Team will communicate with you to schedule service calls. With these enhanced diagnostics, we can guarantee that you will not be charged for Running on Arrival (ROA) calls. Schindler will fully cover the cost of any callback during regular hours related to the following situations: Elevator or Escalator Running in normal operation or running under any of the following special services modes: Independent service, Fireman's service (Phase I or Phase II), or Inspection operation. All other callbacks will be billed as outlined in the agreement.Premium The premium package is our top tier,-and was created for customers requiring the most comprehensive level of service. Our premium package offers the highest level of functionality and support. The Premium tier also includes concierge level assistance for all of your service needs.The following digital services are also available:SafeCallThe Schindler Ahead in-car emergency phone service will be added to your digital package. This -car emergency phone and our Schindler Customer Service Network (SCSN), that handles incoming and outgoing emergency calls with passengers in the elevator. To ensure reliability, Schindler Ahead phone service also provides monitoring of this connection. The availability of this service is contingent upon code approval by the local Authority Having Jurisdiction (AHJ) and having a non-proprietary in-car emergency phone. If selected, please await confirmation of the activation of the service prior to terminating your existing dedicated phone line, to avoid a disruption in service.______ Initial here to add SafeCall for $30 per unit, per month in addition to the subscription price shown in the price section belowVisual Alarm Module (VAM) Monitoring In areas where the local Authority Having Jurisdiction (AHJ) has adopted ASME A17.1-2019 code regarding communication systems for the hearing and speech impaired, Schindler shall provide voice, audio, and text-based communications to the elevator cab. This code requirement -car emergency phone. To enable this service, the necessary hardware to enable communication must be installed, which is subject to an additional one-time charge, if not already present. ______ Initial Here to add VAM Monitoring for $15 per unit, per month in addition to the subscription price shown in the Price section belowSchindler Ahead, your Core package, and the digital services described in this agreement require Schindler Ahead Connectivity. If your existing unit(s) are not equipped with the Connectivity to enable the selected services, we will provide a separate invoice for this cost. By signing this agreement, you agree to pay the costs associated with this activation. Work shall be performed during our regular working hours of our regular working days. Title to Hardware remains with Schindler. Schindler may replace or modify Hardware at any time. Customer shall promptly provide Schindler access to Hardware and prevent unauthorized access thereto.
EXCLUSIONSWe assume no responsibility for the following items: hoistway door hinges, panels, frames, gates and sills; cabs and cab flooring; freight elevator door straps, cab doors, gates and removable cab panels; cab mirrors and handrails; power switches, fuses and feeders to controllers; emergency cab lighting; light fixtures and lamps; cover plates for signal fixtures and operating stations; card readers or other access control devices; smoke/fire alarms and detectors; pit pumps and alarms; cleaning of cab interiors and exposed sills; below ground or unexposed plungers, pistons, casings and cylinders; automatic ejection systems; all piping and connections except that portion which is exposed in the machine room and hoistway; guide rails; tank; emergency power generators; telephone service, communication devices; replacement and disposal of hydraulic oil; intercom or music systems; ventilators, air conditioners or heaters; adverse elevator operation as a result of machine room temperatures (including temperature variations below 60 degrees Fahrenheit and above 90 degrees panels, balustrades, relamping of illuminated balustrades; attachments to skirts, decking or balustrades; moving walk belts; pallets; steps; skirt brushes; sideplate devices; any batteries associated with the equipment. In the event that safety testing is performed by us at the start of the Agreement, and we find that critical safety components, such as the governor and/or safeties for traction equipment, or valves on hydraulic equipment, are not operating correctly, resulting in unsafe conditions, you will be responsible to authorize the necessary repairs/replacements of this equipment, at your expense.During the term of the Agreement, parts or components may become obsolete. An obsolescence designation shall apply to any of the following scenarios: Part or component is no longer in stock and available for purchase from the Original Equipment Manufacturer (OEM) Part, component, or equipment was originally installed 20 or more years ago Motor Generators The costs associated with the repair (including refabrication), or replacement, of obsolete parts or components are excluded from this Agreement. Schindler will provide a written proposal for the excluded work. Any repaired part or component will continue to be considered obsolete. If replacement is required, Schindler shall present awritten proposal to replace the obsolete part(s) or component(s), including the costs of any associated modifications which may be necessary to interface with a part or component of a different design, to ensure proper and safe operation of the equipment. Once replaced, the new part or component will be covered by this Agreement. TERM This Agreement commences on August 01, 2024, and continues until July 31, 2025, and shall renew (where permitted by applicable local law) for subsequent similar periods, unless terminated by either party upon written notice received by the other party at least 90 days prior to the above termination date or any renewal termination date, and not more than 120 days before the termination date. PRICEIn consideration of the services provided hereunder, you agree to pay us the sum of $5,. per month, payable annually in advance ($66,144.00 per installment), exclusive of applicable taxes, unless another payment option is accepted below: Payment Option Revised Monthly Price Acceptance (Initial)Annual in Advance $5,.
Semi-Annual in Advance $Quarterly in Advance $Monthly in Advance $This Agreement does not include Schindler Ahead. If you would like to choose a Schindler Ahead tier, please indicate by checking below:[ ] Upgrade to the Connect Package - $15 per unit, per month addition.[ ] Upgrade to the Enhance Package - $25 per unit, per month addition.The packages above are dependent upon applicable equipment type and hardware installation, which will be Schindler Rep for more information.The standard method of invoice delivery shall be by email. Please provide the applicable email address in the Bill To section of the Customer Information section in this document. You agree to immediately update us with any changes to the electronic invoicing address. If you require paper invoices, they shall be subject to a paper invoice administration fee.Method of payment shall be by check, unless another option is selected below:[ ] Direct Debit (Attach copy of voided check)[ ]PRICE ADJUSTMENTThe contract Price and labor rates for extra work will be adjusted annually in January. This adjustment will be based upon the local labor rate adjustment for the year in which it is adjusted, and will be increased or decreased on the basis of changes to the local straight time hourly rate for mechanics. If there is a delay in determining a new labor rate, or an interim determination of a new labor rate, we will notify you and adjust the price at the time of such determination, and we will retroactively bill or issue credit, as appropriate, for the period of such delay. We also reserve the right to adjust the contract price quarterly / annually on the basis of changes in other expenses such as fuel, waste disposal, government regulations or administrative costs. Should you elect to take the annual pre-payment option, the price adjustment date will default to coincide with the invoice date.The annual contract price adjustment will not apply to Schindler Ahead. Schindler reserves the right to make adjustments to the monthly fee for the Schindler Ahead tiers as additional value added features and functionality are added to the selected offering.SPECIAL TERMS AND PRICING1. Service callbacks on all national or union holidays, for non-vandalism, is covered under this agreement2. Special Billing Rates for work outside the scope of the agreement
The attached terms and conditionsare incorporated herein by reference.representative will be required to validate this agreement.Proposed: Accepted:By: Gregory Houghton By: For: Schindler Elevator Corporation For: Sacramento Convention CenterTitle: Sales Representative Title: Date: July 19, 2024 Date: Approved:By: Troy FerroTitle: Branch ManagerDate: July 19, 2024
CUSTOMER INFORMATIONOwner / Manager InformationLegal Name of Company:Address:City: State: Zip:Federal Tax ID #: Tax Exempt?(if Yes, provide Certificate)Primary Contact Name: Title: Email: Phone:Bill To InformationLegal Name of Company:Address:City: State: Zip:Purchase Order? (if Yes, provide applicable Number)Bill To Email #1 (required):Bill To Email #2 (optional):Accounts Payable Contact Name:Email: Phone:Other (if applicable)Credit Card:VISA MC AMEXName:Number:Expiration: Billing Zip:Signature:
TERMS AND CONDITIONS1. This is the entire Agreement between us, and no other terms or conditions shall apply. This service proposal does not void ornegate the terms and conditions of any existing service agreement unless fully executed by both parties. No services or work other thanspecifically set forth herein are included or intended by this Agreement.2. You retain your responsibilities as Owner and/or Manager of the premises and of the Equipment. You will provide us with clear andsafe access to the Equipment and a safe workplace for our employees as well as a safe storage location for parts and other materials to bestored on site which remain our property, in compliance with all applicable regulations related thereto, you will inspect and observe the conditionof the Equipment and workplace and you will promptly report potentially hazardous conditions and malfunctions, and you will call for serviceas required; you will promptly authorize needed repairs or replacements outside the scope of this Agreement, and observe all testing andreporting responsibilities based upon local codes. You will not permit others to work on the Equipment during the term of this Agreement. Youagree that you will authorize and pay for any proposed premaintenance repairs or upgrades (including any such repairs or upgrades proposedduring the first 90 days of this agreement), or we will have the option to terminate this Agreement immediately, without penalty to us. Youagreed to post and maintain necessary instructions and / or warnings relating to the equipment.3. We will not be liable for damages of any kind, whether in contract or in tort, or otherwise, in excess of the annual price of thisAgreement. We will not be liable in any event for special, indirect or consequential damages, which include but are not limited to loss of rents,revenues, profit, good will, or use of Equipment or property, or business interruption.4. Neither party shall be responsible for any loss, damage, detention or delay caused by labor trouble or disputes, strikes, lockouts,fire, explosion, theft, lightning, wind storm, earthquake, floods, epidemics, pandemics, storms, riot, civil commotion, malicious mischief,embargoes, shortages of materials or workmen, unavailability of material from usual sources, government priorities or requests or demandsof the National Defense Program, civil or military authority, war, insurrection, failure to act on the part of either party's suppliers orsubcontractors, orders or instructions of any federal, state, or municipal government or any department or agency thereof, acts of God, or byany other cause beyond the reasonable control of either party. Dates for the performance or completion of the work shall be extended bysuch delay of time as may be reasonably necessary to compensate for the delay.5. You will assign this Agreement to your successor in interest, should your interest in the premises cease prior to the initial or anyrenewal termination date. If this Agreement is terminated prematurely for any reason, other than our default, including failure to assign to asuccessor in interest as required above, you will pay as liquidated damages (but not penalty) one/half of the remaining amount due under thisAgreement.In the event you decline the automatic renewal, this Agreement shall continue on a month-to-month basis following the termination date, unless terminated by either party in accordance with the above provisions. Schindler will not be responsible for the repair or replacement of any Covered Major Components during renewal periods of less than twelve (12) months.6. The Equipment consists of mechanical and electrical devices subject to wear and tear, deterioration, obsolescence and possiblemalfunction as a result of causes beyond our control. The services do not guarantee against failure or malfunction, but are intended to reducewear and prolong useful life of the Equipment. We are not required to perform tests other than those specified previously, to install new deviceson the equipment which may be recommended or directed by insurance companies, federal, state, municipal or other authorities, to makechanges or modifications in design, or to make any replacements with parts of a different design. We are responsible to perform such workas is required due to ordinary wear and tear. We are not responsible for any work required, or any claims, liabilities or damages, due to:obsolescence; accident; abuse; misuse; vandalism; adverse machine room conditions (including temperature variations below 60 degreesand above 90 degrees Fahrenheit) or excessive humidity; overloading or overcrowding of the Equipment beyond the limits of the applicablecodes; use of a stopped escalator as a stair; adverse environmental or premises conditions, including but not limited to water damage, powerfluctuations, rust, or any other cause beyond our control. We will not be responsible for correction of outstanding violations or test requirementscited by appropriate authorities prior to the effective date of this agreement.7. Invoices (including invoices for extra work outside the fixed price) will be paid upon presentation, on or before the last day of themonth prior to the billing period. Late or non-payments will result in:(a) Interest on past due amounts at 1½% per month or the highest legal rate available;(b) Termination of the Agreement on ten (10) days prior written notice; and(c).Should we be required to interface with any third-party billing or management systems, we reserve the right to modify the Agreement price to account for additional costs incurred by Schindler.8. If either party to this Agreement claims default by the other, written notice of at least 30 days shall be provided, specifically describingthe default. If cure of the default is not commenced within the thirty-day notification period, this Agreement may be terminated. In the eventIf you elect to modernize any or all of the Equipmentduring the term of this agreement, you will give us the option, within a reasonable time, to prepare an offer for the work and/or evaluatecompetitor proposals and compare scope of work and price. If we are unable to match price and scope of work, or present an alternativeproposal, this Agreement may be canceled with ninety (90) days written notice.
9. Any proprietary material, information, data or devices contained in the equipment or work provided hereunder, or any component orfeature thereof, remains our property. This includes, but is not limited to, any tools, devices, manuals, software, modems, source/ access/object codes, passwords. In the event Schindlerwill be deactivated and Schindler reserves the right to remove the Schindler Ahead hardware. If Schindler is no longer the maintenanceprovider, Customer is responsible for obtaining alternative telephone service for the elevator phones.10. You will prevent access to the Equipment, including the SA feature and/or dedicated telephone line if applicable, by anyone other from the use or misuse of SA, if it or any portion of it has been modified, tampered with, misused or abused. We will not be responsible foruse, misuse, or misinterpretation of the reports, calls, signals, alarms or other such SA output, nor for claims arising from acts or omissions ofothers in connection with SA or from interruptions of telephone service to SA regardless of cause. You agree, which obligation shall survivethis Agreement, that you will defend, indemnify and hold us harmless from and against any such claims, and from any and all claims arisingout of or in connection with this Agreement, and/or the Equipment, unless caused directly and solely by our established fault.11. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this Agreement will takeprecedence over those of the purchase order.12. Schindler Elevator Corporation is insured at all locations where it undertakes business for the type of insurance. You agree toaccept, named as certificate holder, in full satisfaction of the insurance requirements for this Agreement, our standard Certificate of Insurance.Limits of liability as follows:-Columbia.(b) Comprehensive Liability - Up to Two Million Dollars ($2,000,000.00) single limit per occurrence, Products/Completed OpsAggregate $5,000,000.(c) Auto Liability - $5,000,000 CSL.- $5,000,000 Each Accident/Employee/Policy Limit.13. You hereby authorize us to produce single copies of the EPROM and/or ROM chips for each elevator subject to this Agreement forthe sole purpose of archival back-up of the software embodied therein. The duplicate chip(s) for a given elevator shall be identified by serialnumber, or other means, and shall be stored on the building premises in a secured area in the elevator equipment room or you may retainpossession. We agree that back-up chips are not for the benefit of purchase or sale, or for use in other elevator systems, and shall be usedfor no other purpose than the replacement of a defective or damaged chip on the particular elevator. In the event that your continuedpossession of the computer program should cease to be rightful, we agree that all such archival copies shall be destroyed.14. You acknowledge that certain replacement parts, such as printed circuit boards or control related parts, may be difficult to obtain.While we do not anticipate problems or delays obtaining such parts, it may be necessary or desirable for you to order such parts directly fromthe original equipment manufacturer ("OEM"). You agree, in such event, to order parts promptly from the OEM, at any time and from time totime, as specified by us. We agree to reimburse you for the reasonable cost of such parts (as covered by this Agreement) promptly uponreceipt from you of copies of the invoice(s) together with appropriate payment documentation.15. Should conditions arise requiring use of the OEM diagnostic tool, we will promptly notify you. You agree, in such event, to promptlycontact the OEM for diagnostic service and repair. You will be responsible for all costs related to such service and repair. You further agreethat we shall not be responsible for any delays, damage, costs or claims associated witool, and you will indemnify, defend and hold us harmless from any such delays, damage, cost or claim.
Sacramento Convention CenterEquipment ListEQUIPMENT DESCRIPTIONRise/Length Qty Manufacturer Equipment Application Description Openings Capacity Speed Install#Sacramento Convention Center - $5,512.00 1401 K Street Sacramento, CA 95814 1 Otis Escalator ESC 5 >10&<=20 90 185875 1 Otis Escalator ESC 6 >10&<=20 90 185876 1 Otis Escalator ESC 7 >10&<=20 185872 1 Otis Escalator ESC 8 >10&<=20 185872 1 Otis Gearless Service Elevator 3 2F/1R 5000 200 185873 1 Minnesota Geared Passenger Elevator 2 2F/1R 6000 300 185874 1 Otis Gearless Passenger Elevator 1 2F/1R 3500 200 185871 1 Otis Gearless Passenger Elevator 7 1F/1R 3500 200 185872