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HomeMy WebLinkAboutresolution.council.056-25RESOLUTION 40) (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND ELEVATOR TECHNICIANS LLC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for elevator upgrades, between the City of Aspen and Elevator Technicians, LLC, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Elevator Upgrades at Truscott between the City of Aspen and Elevator Technicians LLC a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 8th day of April 2025. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 2025. Nicole Henning, City Clerk Docusign Envelope ID: C63690A9-35374965-9OE5-D2240EO9702D CITY OFASPEN ST. )F AGREEMENT SUPPLY PROCUREMENT and PROFESSIONAL SERVICES Iq 66 CITY OF ASPEN City of Aspen Contract No.: 2024-314 - SPPS 1374919 AGREEMENT made as of March 19th 2025. BETWEEN the City: The City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 92M079 And the Professional: Elevator Technicians 1153 Bergen Parkway Suite I -Box 320 Evergreen, CO 80439 US 3 03-641-6464 tom@elevatortechnicians a com For the Following Project: Elevator Cab Upgrades Contract Amount: Total: $144,880.00 If this Agreement requires the City to pay an amount of money in excess of $1005000.00 it shall not be deemed valid untiI it has been approved by the City Council of the City of Aspen. Exhibits appended and made a part of this Agreement: City Council Approval: Date: 04/08/2025 Resolution No.: 2025-056 Exhibit A: List of supplies, equipment, or materials to be purchased, Scope of Work, and Fee Schedule. Docusign Envelope ID: C63690A9-35374965-9OE5-D2240EO9702D SUPPLY PROCUREMENT 1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or materials as described in Exhibit A, appended hereto and by this reference incorporated herein, for the sum of set forth above. 2. Delivery. (FOB 18 Truscott Place Aspen, CO 81611) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid or Request for Proposals and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. N/A. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. PROFESSIONAL SERVICES 6. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 7. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than 05-O l -2025, with the installation and operation of all the equipment no later than 05-OI-2025. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 8. Pa tent. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit A appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. Docusign Envelope ID: C63690A9-35374965-90E5-D2240EO9702D 9. Non-Assi ang_ bility. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub -Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub -contractor. 10. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience 11. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined 12. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole Docusign Envelope ID: C63690A9-35374965-9OE5-D2240EO9702D or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 14. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self -insured status may be substituted for the Worker's Compensation requirements of this paragraph. (11) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to alI premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including Docusign Envelope ID: C63690A9-35374965-9OE5-D2240EO9702D coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1, 000, 000.00) each occurrence and ONE MILLION DOLLARS ($1, 000, 000. 00) aggregate with respect to each Professional's owned, hired and non - owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Umbrella Liability insurance with the minimum limits of FIVE MILLION DOLLARS ($5,000,000) each claim and FIVE MILLION DOLLARS ($5,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. Docusign Envelope ID: C63690A9-35374965-9OE5-D2240EO9702D (g) The parties hereto understand and agree that City is relying on and does not waive or intend to waive by any provision of this contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 15. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 17. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 18. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment -related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental Docusign Envelope ID: C63690A9-35374965-9OE5-D2240EO9702D disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. The foregoing provisions shall be incorporated in all subcontracts hereunder. 19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly authorized official in the City Manager's absence) and if above $100,000, following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager's absence) to execute the same. 21. Warranties Arai intent Fees, Gratuitie and Conflicts of (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: Docusign Envelope ID: C63690A9-35374965-9OE5-D2240EO9702D l . Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, subcontractor under City contracts; contractor or 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 22. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 23. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. 24. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [ ] No additional provisions are adopted. [X) See Exhibit A below. 25. Electronic Signatures and Electronic Records. This Agreement and any amendments hereto maybe executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. Docusign Envelope ID: C63690A9-35374965-9OE5-D2240EO9702D The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 26. The Professional in performing the Services hereunder must comply with all applicable provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101, et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR 1501.11. Services rendered hereunder that use information and communication technology, as the term is defined in Colorado law, including but not limited to websites, applications, software, videos, and electronic documents must also comply with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information and communication technology used, created, developed, or procured in connection with the Services hereunder meets these standards, Professional may be required to demonstrate compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section above in relation to the Professional's failure to comply with §.24-85-101, et seq., C.R.S., or the Technology Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103(2.5). Docusign Envelope ID: C63690A9-3537-4965-90E5-D2240E09702D IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. By: [Signature Pete Strecker [Name] Title: Interim City Manager 4/9/2025 � 3:00:19 PM MDT Date: Approved as to form: DocuuySigned by: E��57- ��lL City Attorney's Office PROFESSIONAL: By: Title: —DocuSlgned by: au, [Sib afore Tom Kallman [Name] Director of Sales Date: 3/19/202 5 � 2 : 5 5 : 34 PM PDT Docusign Envelope ID: C63690A9-35374965-9OE5-D2240EO9702D EXHIBIT A IJIe�tr Teclu�icir�s, LLB" t finish tlr+ - ur<ter�ld Mbar tc�r e #`bllo uig work on your elcv tcT at the above subject building. - Building 50 - One (1) ?0500 LB OTIS 211 Hydro - F/R operrirrg - 4 landincrs _ Building - One LB + TI`� 11 Hydro, g operlilug Only - 4 lair dmi gs - Elegy-�tvr Techr�ici�rrs t� clerrr� the e�istirrg ��•� panels, Ir�nclrc�ils, � ceiliritg iirr the elevator cabs. Includes Permit with NXI— 7CCO . SOXV is for each of the elevator Standard plastic laminate vertical upper wall panels constructed of 1/2"' fire rated -ith desired Wilsvrrar;t standard PLA particle board and faced _ fee belra rerrder�irg fir= �laci. �'£ �taiuless ells - F�igicli�ed :�'L te�tur•ecl stai>irless steel lr+�r�iz�rital l��rerg �-ai1 panels - EZ template an clips - Brushed stainless steel base, corrrerll and wall reveals _ T' rushed stainless steel flat bar handrailwi*lr bent ends for rear an si€le grails - i5r•ushed aluminum, t-frarue Niodular ceiling with 6 brushed stainless steel insert grids and 6 light LEIS system �4'&ltlr dimrner� - Ilerrr€r Existing irtg in each ele�-at�r. Iril.stall ue� I)iaururrcl Plate iu each ele'c�atnr• ilaUr. Docusign Envelope ID: C63690A9-35374965-9OE5-D2240EO9702D furnish and Install ? new Carr Doors, , With applied hangers, stainless steel or pMUM - Furish and Install 4 tAi juvistw-iy, Dow rs rltlu 1ppliecl dUgJrL .�, Wle Zteel I • pUSIA Ir -illlncl I`int ntruet el� liellna!j, cl+ eletlon- Uuilclit - li�r��cici�r � ��,�,�1��= + ?.� I€n��e�°i�lld�►��= �ld�, � - 11lte�°l;�l 1�,��4.�i� �inclu+�e� ����•ing l�+l�r � ��rte���l ���+�� Permit - fill Docusign Envelope ID: C63690A9-35374965-9OE5-D2240EO9702D Hill :rope ref 4orli - IsLI tmy 6w - Elevator Tedinicians to dei> o the exis ` g wall panels, hanidi~ails, and ceiling iu the elevator cabs. Includes Permit with '�'4N' C O . SONA, is for each of the elevator - Standard plastic laminate vertical upper wall panels constructed of 1/1" fie rated particle l��ai°atid f�acel-itli desired,ils�ri~tti►di~+l`L I - fee bel� i°eiidei~i>vig fi•licl,:taiiiles malls - >�.igcli�ed ��'t`L te�tui°eel stainless steel I�+�i~lzr��t�l 1��°eifi ll piiels - EZ template and clips - Brushed ;stainless steel base, corner, and wall weals - Is" i•uslied stainless steel flat hai° liantli•ail with bent ends fir i°ertis a�rl side ���lls - Brushed aluminum t-frame 'Modular ceilincr with 6 brushed stainless steel insert 25 grids and 6 light LED system ��itl dimmer - Ileiu� Existing El�oi°ing iu e��acli ele��atc�i•. Iiist�all neap i�iaiia�ncl 'late iii each elevator floor•. - 5aiid al�cl Faint � H�ist��a Il+��i~� arid 1. C:ai~ I���i; cc�l�i~ selecti�ii big l��.11ilcling - 5�aiid a�cl ��aint � Entrances 3t e��aclt laiidiiig, c�l�i° selection s. l��il€ling - l�epair�`l.eplace �i°ol�eia ��i• �peratiug �'�aiiel 13iittcans - lutt�ns allo��-ance - �+4Wi1. - paiia;tivg materials - l,Zinn .Ain - r% doi•s paiiateil .1 lioisftvar + l - A lii~s pauiting Oaiid :sanding R � door°s � ����2• _ 0.0+ W sand and paut entrances) (� - g,0.f} - 4 lIlrsieiatiliaiice � 52 +1lii• Docusign Envelope ID: C63690A9-35374965-9OE5-D2240EO9702D 11Ida, 600 Material - .20,200,00 (iuclud�e floorincT laooi° 1111(l marei•I l f •om sub) LaboiI - I42�sluux u 3-5 days pei car on base b1d 1 «"IVI ti nt - ; , i 1L1� �t1� �'' Tf�►T�.L - �.=fII.�� Illuudlt•�d oi•tc four• thoucaud Aht huudlr•Ad cud +elcrhTdnil .it°s Ti d ,1IIIII �L��cl Ti�c�� - �- �re€�lt� anon do�-�pa�- gut cud field su�•����-gp�5oc��d d����i� Docusign Envelope ID: C63690A9-35374965-9OE5-D2240EO9702D Tereus anouditions hiless this proposal is accepted ivitlun sixty days from date, it shall be considered automatically withdratam. All 11141tteSlal and G4orl: gukarainteed to be first class ul eVery paltlCtlLUJ but the company slhall not be held respoinsible for work done, apparatus fim ished or repairs made by others, nor for the conditions of any part not l umished under this proposaL Thhe scope of work and pricing stated in this pro�sal are based on reasoi><able aihd foreseeable conditions. Iih the event the crnnpalny encounters ainy extraordiih<ary circumstances during the performance of the services contained in this proposal, the company shall cease its work, notify the purchaser of such extraordoiary circumstances and the additional costs that will be added to thus proposal in order to complete the services on light of extraordinary circumstances. In the event the company and purchaser cannot agree on such additional costs, then the company shall be relieved of its obligation to complete the services hereunder and the purchaser shall agree to pay to the company all fees due for work pedfornned to the date of the cessation of such services. The company shall not, in any event, be held responsUle or liable for any loss, daluage, de#entioi�, or delay caused by fire, floods, strikes,. nor any other cause beyond its control, nor in any event for consequential damages. Should damage occur to flue company's material or work on the premises by fire, theft, or otherwise, if not the not die company's fault, the purchaser is to compensate us therefore. Additionally,the purchaser agrees to provide a safe working environment for die performance of this work The company reserves the right to discontinue the work in the Uuilding should dos provision be violated. t3nless otnenvise agreed, it is understood #hat flue work shall Ue done daring regular �vorkoig hours of reguilar tvorkang days_ If overtone work is mutually agreed upon and performed, the additiolnal price for such overtime work usually charged by the company shall be added to the contract price named above. The company reserves reconstruction of invoices for this purpose. It is expressly understood, lie corlsideration Of our perforlhhaihce Of die SefVice eihuunerated herein at the price stated, that nothing in this agreement shall Ue construed to mean drat the company or its employees shall have responsibility for or that die purchasers responsibility for accidents to persons riding or being in or about the elevators referred to is in no way effected by this agreement. It is agreed that all the apparahus furnished hereuinder can be removed without material injuury to the freehold,. and the company retains title Hereto uuutil fiihal payment in cash is made, tviti the right to retake possession of the sauce or any part thereof at purchasers cost if default is made bS' are purchaser in any of the payments, irrespective of the manner of attachments to the realty, the acceptance of notes, extension of time for payments, or the sale, mortgages, or lease of -the premises. j,7e hereby guarantee the material and workmanship of only the apparatus fiimished by the company under this contract, and the company will make good any defects not due to ordinary wear and tear or to improper use or care does not guarantee any miinihmlun volume of sound or noise (electrical or audible) produced by the equipment. Payimethts not received after 60 days shall be considered a breach of contract and the company may terihhiihate this agreement giving 15 days' notice. The purchaser agrees to pay all cost inctuired to collect past duce accouuits not limited to legal fees, collection fees alit interest. The purchaser agrees to pay, as an addition to tie price herein ctuoted, the amount of any tax based upon transfer, use, ownership, or possession of flue egiuipnheiht imposed Uy any hall' enacted after the date of this proposal or imposed upon the ptrchase or compare}- by any existing ia�v. It is expressly agreed that there are no promises, agreements, or understandings outside of tus contract, and that no change in, or addition to the terms or provisions hereof shall be luade, except ��*nth the llritten coihsent of Uodh the company aihd the purchaser. All salvage rights for equipment disconnected replaced or removed shall belong to the company. All prov7sioihs of this contract, including but not muted to those dealing with payment aihd possession, are bonding against the owner of suubject building alidtor the herein mimed purchaser Purchaser must provide (if necessary) Phone line, smoke sensors, shunt trip breakers, maid line disconnects, car light disconnects, legal machine room and legal 5_ Ifineeded, Uarricades to Ue provided and maintained by others. Paynnemt shall be made pro-rata per elevator as follwrs: Stt9�� upoih acceptance, Sl7°'o upolh compleiiou.