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5th Amendment 10/18/2023 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: October 26, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: October 18, 2023 BOCC Meeting The following item has been executed and added to the record: C7 5th Amendment to the Agreement with Maverick United Elevator, LLC to add and/or update provisions to allow for the option of requesting from the Contractor only a proposal/quote for Equipment Replacement and Installation in accordance with the current Monroe County Purchasing Policy, increase payment amounts by the annual CPI-U increase adjustment of 6.5%, renew the Agreement for the final one (1) year renewal with an effective date of December 1, 2023, and include the building at the Key Largo Community Park, commonly known as Jacobs Aquatic Center, as an additional location for elevator maintenance and service AND for Approval directing the Contractor to perform under its current Agreement to complete State mandated elevator upgrades on the elevator at the Jacobs Aquatic Center, as submitted in its Proposal in the amount of$80,170.00 with the upgrade to be paid by the Parks and Beaches Department utilizing funding from its American Rescue Plan Act sources. All other funding for this contract is Ad Valorem. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 FIFTII AMENDMENT TO AGREEMENT FOR COMPLETE ELEVATOR AND LIFT SERVICE, MAINTENANCE, AND REPAIRS KEYS WIDE MONROE COtTNTY, FLORIDA This Fifth Amendment to Agreement is made and entered into this I 8th day of October, 2023, between MONROE COUNTY, FLORIDA ("COLNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street,, Key West, Florida 33040, and MAVERICK UNITED ELEVATOR, IILC ("CONTRACTOR" or "MAVERICK"), a Florida Limited IJabilit.), Coinpun'V, whose address is 10639 NW 122 n1 Street, Medley, Florida 331.7 8, WHEREAS, on November 2,0, 2019, the COUN r TY and MA Vr ERICK entered into an Agreement for Complete Elevator and Lift Set-vice, Maintenance,and Repairs for County facilities (hereinafter"Original Agreement"); and WHEREAS, the Original Agreement provided that the set-vices were for ,in initial two- year term commencing December 1, 2019, and ending November 30, 2021, unless terminated earlier under the terms of the Agreement; and WHEREAS, on November 17, 2021, the Board of County Commissioners ("BOCC"') approved the First Amendment to Agreement to increase payment amounts by the annual CPI-U increase adjustment of 1 41)%, renew the Agreement for the first of three (3) optional, one i(I) year renewals, and to update and/or add cut-rent revisions pursuant to its ordinances and/or Federal required contract provisions-, and WHEREAS, on August 17, 2022, the BOCC approved the Second Amendment to Agreerricrit to include the Marathon Library as an additional location and delete the Plantation Key Detention Center location and therefore update and amend the Agreement to reflect these changes; and WHEREAS, on November 15, 2022, the BOCC approved the Third Amendment to Agreement to increase payment amounts by the annual CPI-U increase adjustment of seven percent (7%) and renew the Agreement for the second of three (3) optional, one (I) year renewals, to include the new Plantation Key Courthouse and Detention Center as an additional location,, to update one of the required Federal contract provisions and therefore update and amend the Agreement to reflect these changes; and WHEREAS, on March 22, 2023, the BOCC approved the Fourth Amendment to Agreement to add and/or update additional Federal contract provisions to bring it current with certain County, State or Federal required contract provisions and particularly the Coronavirus State and Local Fiscal Recovery Funds Financial Assistance Agreement awarded to Monroe County in 2022, and thcrel'orC update and amend the Agreement to reflect these provisions; and WHEREAS, the County desires to increase payment arnounts by the annual CPI-U increase adjustment of six and five tenths percent (6.5%) and rene"r the Agreement for the third of three (3) optional, one (I) year renewals; and WHEREAS, the County desires to include an additional location at the Key Largo Community Park, for the building commonly known as Jacobs Aquatic Center, for elevator maintenance and service and therefore update and amend the Agreement to reflect this change-, and WHEREAS, the County desires to amend the Original Agreement, as amended, to add and/or update provisions to allow for the option to request from the Contractor only, a proposal/quote for Equipirient Replacement and Installation in accordance with the current Monroe County Purchasing Policy approved by the Board of County Commissioners; and WHEREAS, an update to the State of Florida Elevator Code requires that all existing elevators must be in compliance with part 3,10.12 of ASME A 17.3-2015, Safety Code for Existing Elevators and Escalators by December 31, 2023; and WHEREAS, the elevator located at the aforementioned Jacobs Aquatic Center in Key Largo will require the State mandated elevator upgrade; and WHEREAS, the Key Largo Corgi unity Park, which includes the Jacobs Aquatic Centel-, is overseen by the Parks and Beaches Department of Monroe County and this Department seeks to have the elevator upgrade completed by the Contractor, under Maverick's current Agreement with the County as amended herein, utilizing funding from its American Rescue Plan Act Sources; and WHEREAS, the Contractor agrees and consents to such revisions in its Original Agreement, as arriended, to add and/or update provisions to allow for staff to request from the Contractor only, a proposal/quote for the option of Equipment Replacement and Installation in accordance with the current Monroe County Purchasing Policy, increase payment arnounts by the annual CPI-U increase adjustment of six and five tenths percent (6,50/o), renew the Agreement for the third of three (3) optional, one (I) year renewals with an effective date: of December 1, 2023, to include the elevator at the additional location of the Key I-argo Community Park-, in the building commonly known as Jacobs Aquatic Center for elevator maintenance and service, and to install the State mandated elevator upgrades for the Jacobs Aquatic Center elevator; and WHEREAS, the parties have found the Original Agreement, as arn.ended, to be mutually beneficial; and WHEREAS, the parties find it Would be Mutually beneficial to amend its Original Agreenient, as amended, and enter into this Fifth Arriendiricnt; NOW,THERFFOR_E, IN CONSIDERATION of the mutual promises and covenants set forth below, the Original Agreement is hereby amended to include the following: 1. In accordance with Paragraph 6, ,TERM OF AGREEMENT, of the Original Agreement, as amended, the COUNTY exercises its option to renew the terin of the Original Agreement for the third of the additional three (3) one-year periods. This one-year renewal term of the Original Agreenient shall commence on December 1, 2023, and ends upon November 30, 2024, unless terminated earlier under Paragraph 20 of this Agreement. 2 2, In accordance with Paragraph 6, TERM OF AGREEMENT, of the Original Agreement, as amended, the Contract amount may be adjusted annually in accordance with the: percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI_Ur computation at December 31 of the previous year, The CPI-U on December 31, 2022, was six and five tenths percent (6.5%). 3. In, accordance with Paragraph 5 D., PAYMENTS TO CONTRACTOR, of the Original Agrecirient as amended, it is hereby amended to add another location for service at the Key Lai-go Community Park, in the building commonly known as Upper Keys Community Pool, d/b/a Jacobs Aquatic Center of Key Largo, at the monthly and annual inspection fees for the Monroe County Elevators and Lifts as shown in the amended buildings list below,and the Additional Service Rates for Labor for normal working hours and the overtime rate shall be increased pursuant to the CPI- U increase of six and five tenths percent (6.5%), effective as of December 1, 2023, and Paragraph 5.D. is hereby amended as follows: 5, PAYMENTS TO CONTRACTOR D, The cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the: unit prices set forth in the Contractor's bid as follows: MI onroe County Elevators and Lifts to be serviced include, but are not limited to, the following: BUILDING Serial Landings Monthly Annual ­.-------- LOCATION Number lnspectM(�n Certification_ Monroc County 502 Whitehead St., Key 37419 4 $ 10199 $ 240.34 Courthouse Annex West ­­­­........... Plantation Key U.S.I/I ligh Point Rd., 37641 2 $ 103.99 $ 240.34 Courthouse Plantation Key J. Lancelot Lester 530 Whitehead St., Key 39503 3 $ 103.99 $ 24034 Justice Building West Plantation Key Ellis 88800 Overseas Hwy,, 40616 2 $ 103.99 $ 240.34 Building Plantation Key Marathon 2798 Overseas Hwy., 46473 2 $ 103.99 $ 240.34 Government Center Marathon Monroe County 502 Whitehead St., Key 46502 3 S 10199 $ 240,34 Courthouse Annex West Monroe County 5501 College Rd., 46899 3 $ 10199 $ 240.34 L)etention Center#6 Stock Island ­­........................ Monroe County 5501 College Rd,, 46900 3 $ 103.99 $ 240.34 Detention Center#7 Stock Island 530 Whitehead St., Key 46945 3 $ 103.99 $ 240.3 Record s Storage West estcility 3 ......... . BUILDING Serial Landings Monthly Annual LOCATION Number [ins Monthly ctio n Certification Monroe County 5501 College Rd., 47143 2 $ 10199 $ 24034 _Dctcntion Center#4 Stock Island Monroe County 5501 College Rd,, 47144 2 $ 10199 $ 240.34 Detention Center#5 Stock Island Monroe County 5501 College Rd., 47274 2 $ 103.99 $ 24034 Detention Center#3 Stock Island Monroe County 5501 College Rd , 47275 2 $ 103.99 $ 24034 Detention Center#1 Stock Island Monroe County 5501 College Rd,., 47276 2 $ 103.99 $ 240.34 Detention Center#2 Stock Island ............ Marathon Airport 9400 Overseas Hwy., 47834 2 $ 103.99 $ 240.34 Marathon Sheriff's 5525 College Rd., 50030 3 $, 10199 $ 240.34 Administration Stock Istand Building ............ Slieriff s 5525 College Rd., 50031 3 $ 10199 $ 240.34 Administration Stock Island Building Harvey Govemment 1200 Truman Ave., Key 51768 3 $ 10199 $ 240.34 Center West ............. Key West 500 Whitehead St., Key 56216 3 $ 57.77 $ 24034 COUrtliouse West Durnbwaiter Monroe County 500 Whitehead St., Key 56,691 4 $ 10199 $ 240,34 COUrthousc West Gato Building 1100 Simonton St., Key 60239 2 $ 103,99 $ 240.34 West Department of 5503 Cone Rd., 616017 3 $ 103.99 S240.34 Juvenile Justice #1 Stock island Department of 5503 College Rd., 61608 3 103,99 $ 24034 Juvenile Justice #2 Stock Island Sheriff's Aviation 10100 Overseas Hwy., 74025 2 $ 10199 $ 240,34 Marathon Freeman Justice 302 Fleming St., Key West 88432 2 $ 103.99 $ 240.34 Center#I Freeman JUS tice 312 Fleming St,, Key West 88433 2 S 103.99 $ 240.34 Center 42 ............. Freeman Justice 302 Henning St-, Key West 89434 2 % 103-99 S 24034 Center#3 ...............--....................... ........ Fr eeirian Justice 302 Fleming St., Key West 88435 3 $ 103.99 $ 240,34 Center 44 1 1! Freeman Justice 302 Flerning St., Key West 88436 2 $ 103.99 $ 240-34 Center 45 4 BUILDING Serial Landings Monthly Annual LOCATION Number Certification_ Freeman JUStiCC 302 Fleming St., Key West 88437 2 $ 103.9'9 $ 240.34 Center#6 ............. Big Pine Key Park 31009 Atlantis, Big Pine 94425 2 $, 10199 $ 240.34 Cornniunity Bldg, Key. Murray F, Nelson 102050 Overseas Hwy., 94927 2 $ 10199 $ 240.34 Government and Key Largo -Cult-Lira] Center Big Pine Key Fire 390 Key Deer Blvd,, 97137 2 S 103.99 $ 240.34 Station # 13 Big Pine Key Stock Island Fire 5655 MacDonald Ave., 100380 2 $ 103.99 $ 240.34 Station '41 8 Stock Island Key West Lighthouse 938 Whitehead St,, 102966 2 S 57.77 $ 240.34 -Wheelchair Lift Key West Bernstein 6751 5"' St., 1105236 2 S 103,99 $ 240.34 -COITUTILInity Park Stock Island East Martello 3501 S. Roosevelt Blvd, 104642 2 $ 5 7.7 7 $ 240,34 -Wheelchair Lift Key West Marathon Library 3490 Overseas Highway, 110102 2 $ 103.99 $ 240,34 Marathon Plantation Key 88820 Overseas Hwy,, 108576 2 S 103.99 S 24034 -COUrthouse-New Tavernier FL 33070 Plantation Key 88820 Overseas Hwy., 108578 2 $ 103.99 S 24034 COUrthOUse-New Tavernier FL 33070 Plantation Key 89820 Overseas Hwy., 108598 2 $ 103.99 $ 240.34 Courthouse;,-New Tavernier FL 3330170 Plantation Key 88820 Overseas Hwy., 108599 2 S 103,99 $ 240.34 Courthouse-New Tavernier FL 33070 ­............... Jacobs Aquatic 320 Laguna Ave,, Key 62465 2 $ 103,99 $ 240.34 Center Largo, FL 33037 Additional Service Rates.- Labor- Normal working hours of 8,00 a.m. to 5:00 pxn,, Monday through Friday, excluding holidays: $ 86.66 per hour, mechanic $ 129.41 per hour, mechanic plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $ 103.99 per hour, mechanic $ 173.32 per hour, mechanic plus helper .5 Parts Cost Plus: Twenty percent (20 %) of inark tip on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts,permits, and services supplied by others). Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. Contractor shall submit itemized invoices in writing. There are no additional costs for travel, mileage, mea[5, or lodging. 4 Paragraph 5. E., titled MAJOR COMPONENT FAILURE OR SYSTEM BREAKDOWN, of the Original Agreement, as amended, is hereby amended to delete Paragraph S. E, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: E. In the event an Elevator System Failure or any of its major components or parts need to be replaced or repaired due to a major component failure, system breakdown, or upgrade, the County shall have the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation thereto. Approval of such proposals/quotes shall follow the current Monroe County Purchasing Policy, Only after receiving an amendment, if required by the County's Purchasing Policy, and/or a notice to proceed from the County, shall the Contractor proceed with these additional services as noted herein. 5. Contractor is hereby authorized and directed to perffirin the deferred maintenance State mandated upgrade, as required by the State of Florida Elevator Code, under its current Original Agreement, as amended herein, on the elevator located at the Jacobs Aquatic Center, as submitted on its Proposal dated July 10, 2023, in the anticipated expenditure amount of Eighty Thousand One Hundred Seventy and 00/100($80,170.00)Dollars,with said amount to be paid by the Mortroe County Parks, and Beaches Department utilizing its American Rescue Plan Act Funding sources, The Maverick Proposal dated July 10, 2023, is attached hereto as Exhibit "A" and made a part hereof, 6. Except as set forth in Paragraphs I through 5 of this Fifth Amendment to Agreement, in all other respects, a]I the terms and conditions of the Original Agreement, dated November 20, 2019, as arnended, not inconsistent herewith, shall remain in full force and effect. IREMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 6 IN WITNESS WHEREOF, COUNTY and CONTRACTOR-heretO haVe executed this Fifth Amendment to Agreement on the day and date first above Written: c-- i3 ilk 04%4" \- s ert-4 .4 1 BOARD v ou.NTy c.MMISSIONERS OF MSid--0 COUN ,,-,1,4 F "' i A \L‘ h'': eu 1 VIN MADOK, CLERK ," „ , ..... ..- .. ,, . , ... ,,.. . By .- . .....:_...,:!...--Aior....., As eputy Clerk Mayor Date: (( I ) 94 2-0-3 Witnesses for CONTRACTOR! CONTRACTOW, MAVERICK UNITED ELEVATOR,LLC, A Florida Limited Liability Company 7/. . ,.., Si re fpeK authorized to Signature . legally bind CONTRACTOR /2 - j•0.1(061a V060 116,13D 1 ho 2916- --ii Dafte p , • ame Print Naa arid Title / $ 14 . 4-.;...e' 'Ai Address: /Z 00 5W 5Yr' Al< gnature bAli EL i -FL 33,3/ 1010S173 ?as)ta bR9-0 (3gc) gcs.. ,3-s71 Date Print Name 'Teldph one Nurribet P,.• --, ,....., r- 4- ca rr, cp c, c) ,ift m - MONROE COUNTY ATTORNEY'S OFFICE ri'',' NI. c) VEDAS TO ORF__., 1 PATRICIA EASLES =. -13 30 mc ASSISTANT COUNTY ATTORNEY DATE: I V/U.,/Li -t-i ..,,, CD r- • --":3 7 r'EXHIBIT "A" _j Maverick Proposal dated July 10, 2023 9 FIVIBRICK unlTeO Jui 10, 2023 Monroe County Parks & Beaches 320 Laguna Avenue Key Largo, FL 33037 Re Elevator Modernization #62465 aear�Alice Steryou After reviewing the Keystone equipment as well as the inspections reports Maverick.United Elevator recommends modernizing,the elevator system.To brief,the modernization entails updating the elevator controller, signal fixtures as well as all wiring. After completion, Keystone Garden equipment will have a state of the art microprocessor elevator system.These upgrades will vastly improve the system°s performance and provide superior reliability. you will find a full scope of work in the attached proposal. Maverick United Elevator Technicians are specialists in elevator installation. However there are few items that may require work that is outside of their field of expertise. Item in the section "work not included" should be reviewed and considered as additional costs to this proposal.Of particular note is the air conditioning of the elevator machine roam, updating of the electrical connections and machine room lighting, if you have any questions regarding the modernization of your existing equipment, please feel free to contact me at (3 5) 510-8272 Sincerely, Maverick United Elevator Miguel A Garcia Service and Sales Representative tdu �e Q nvew evat a.d orn Maverick United Elevator These are some of our maintenance jabs. a 1 v t / �� ✓ iN uoTAf yap , ,��,j ,� fprl �� � I��pi�l��i�ll�l I uuuuuuuu r y.�� i i C g 41 1111 V�i I � ije I I �v f II �Iy7�v f. MFIN/eHICK un� ITE3E3 ELEVATOR MODERNIZATION PROPOSAL Customer. Monroe County Parks& Beaches Mtaverick.United Elevator LLC, 320 Laguna,Avenue Miguel A Garcia , Key Largo,FL Account Manager Cell:(954)822-1070 Contact: Fax:305 888 7599, Alice Steryou www.Maverickunitedelevator.com Email: Infomavelevator.com Purchaser authorizes Maveriick United:Elevator to perform the following described repaur work on the subject elevators) in the above building: SCOPE OF WORK is only for(1)elevator -3 floors—Monroe-County NEW CONTROLLER, Hydraulic Replace existing controller with One (1) SmartRise Controllers, manufactured by Smartrise Corporation, and is a standardized control platform that utilizes microprocessor 's technology and consolidated PC boards. Controller is field ��� programmable, has onboard diagnostics, is A17.1 safety � ®r-tl code compliant, and comes with across the line 'starter, Provide additional wiring for connection. LANDING SYSTEM, Hydraulic Furnish and Install new hoistway tape and processor-based landing system with absolute floor encoding. NEW FIXTURES Furnish and install new operating stations, one (1) per m ' elevator, at the code and ADA height, Car station will proper g i' include car call light up buttons, Keyed stop switch, door open and door close buttons, and ADA markings that will be located to the left of the push buttons, An ASME 2004 code fire key switch will be provided. This car station will also include an emergency light fixture with a self-contained power pack and a trickle charger with switchover device in the event of a normal power outage. • Furnish and install one (1) new digital car position indicator in car operating panel. • Lobby Station will include Hoistway Access Switches, Fire Service PH I key switch and digital position indicators. • Furnish and install now surface mounted hall push, button stations with light up buttons at the proper code and ADA height. Furnish and install a new ADA phone in each car station. Furnish and install hoistway access key switch. This will be installed on the Terminal Hall Stations. • Furnish and install the required hoistway entrance markings. There will be two (2)per entrance frame and they will be located 60" above the finished floor. All fixtures cover plates to be#t4 stainless steel finishes. HOINSTWAYWORK • Furnish and install an entirely new hoistway tape selector box using an array of magnetic sensors to provide accurate car position control throughout the travel.The selector box attaches to the car cross head and moves along a three-inch-wide steel tape.The steel tape is mounted at the top and bottom of the hoistway.A series of magnet strips are attached to the tape and are used to activate the magnetic sensors in the selector box,The selector box glides freely along the steel'tape using four nylon tape guides. These guides are designed for long life and easy replacement. Features include compatible with all solid-state controllers, solid state circuitry, LED indicators, easy floor leveling adjustment, state of the art design and high durability,. • Furnish and install new limit switches which are designed to prevent the elevator from traveling beyond its designated limits. • Furnish and install new pit stop switch. DOOR EQUIPMENT • Furnish and install new car door operator per entrance, model number MOVFR„ manufactured by CAL Equipment. , Syr% • Furnish and install new hoist way doortracks. • Furnish and install new hoist way interlocks at every landing." « Furnish and install new closers at every landing. • Furnish and install new hoist way door rollers at every landing, l yr Furnish and install new car door track per cab entrance. Furnish and install new czar dear hangers per cab. + Furnish and install new car door rollers per cab entrance. 9WaW`� Furnish and install new door gibs per every hoist way door. • Furnish and install new door gibs per every car door. Furnish and install new headers. • Furnish and install new cab tracks and hangers. • Furnish and install new pick-up assemblies. ELEVATOR CONTROL VALVE Furnish and install one new Maxton elevator control valve. CAR TOP INSPECTION BOX Furnish and install one car top inspection station WIRING • Furnish and install new machine room and hoistway wire, raceways and conduit. • Furnish and install new hoistway and car wiring. • Furnish and' install new travel cable. ACCESS FREE REQUIREMENTS This proposal complies with the intent of the Architectural (Barriers Free requirements and ADA as it relates to existing or altered elevators.The work proposed may not comply fully with AU . It does, however,comply with all the other items,which are "readily achievable". WARRANTY We warrainty all material and workmanship for 12 months on apparatus repaired or replaced under this proposal. No other work,except as detailed under"scope of work" is intended or implied.The equipment will still need to be serviced in accordance with a full maintenance contract during the warranty period. RETAINED APPARATUS Equipment not changed or repaired as detailed under"scope of work" is deemed retained apparatus and is not subject to any intended or implied warranty. TAXES, PERMITS,TESTING,AND FEES Any taxes, permit costs, and testing fees will be included and covered by Maverick. Total Cost: Eighty-Thousand One Hundred and Seventy Dollars 00/1,00 ($80,170.00) WORKING HOURS All work is based on the normal working hours of the elevator trade and no overtime hours are considered. PAYMENT SCHEDULE In accordance to the County wide contract ACCEPTANCE A returned copy of the proposal, properly signed and dated and approved by Maverick United Elevator shall constitute the contract between us and will be our authorization to order materials and schedule the work. CONTACT It is understood that Maverick United Elevator (the"Company"')will arrange to install the material necessary to complete your job and shall be uipon you or your authorized representative signing the final acceptance that the installation is satisfactory and complete. You agree to pay the Company the amount specified above which will cover the costs of labor and materials. Should it become necessary to collect any of the money due Lis under this agreement with you,through an attorney,then you shall pay all cost of collections,Including a reasonable attorney's fee. Any changes made by you In the above specifications necessitating additional labor or materials shall not be included or covered by this proposal,but shall be provided for in a separate and additional signed agreement by both parties. There shall be no liability for delays due to causes beyond our control. Accounts in arrears therty(30)days will be assessed a monthly service charge of 1,5%this proposal and payment agreement shall be the whole agreement between the parties and shall not be altered except by written agreement.In consideration of the performance of the services and the furnishing of the materials,it is expressly understood that the Company assumes no liability for accidents, injuries to persons or damage to property occurring on or near any part of the elevator system which is, the subject of this Agreement regardless of the cause of any such accident,bodily injury or property damage and regardless of any negligence,upon the part of the Company,its employees or officers.You agree to indemnify,defend,and hold harmless the Company,its officers,agents and employees from and against any and all claims,demand,suits and proceedings brought against the Company or its officers,directors,or employees of any nature whatsoever,including but not limited to claims and lawsuits for losses of any kind,property damage,personal injury or death that are alleged to have arisen from or alleged to be connected with the presence,use misuse,maintenance,installation,removal,manufacture,design,operation or condition of the equipment covered by this Agreement,specifically including claims or losses alleged or proved to have arisen from the partial or sole negligence of the Company or its officers,directors, or employees.You expressly agree to name Maverick United Elevator as an additional named insured on your liability insurance policies, It is understood that the elevator,at all times,is owned by you and that you are solely responsible for its safe operation. Proposed: Accepted: Miguel A Garcia Name: Accounts Rep Title: Maverick United Elevator Date: Date: 'Terms and Conditions All work shall be performed in accordance with the latest revised edition(as of the date of this proposal)of the United States of America Standard Safety Code for Elevators, Escalators,and Dumbwaiters,the National Electrical Code,and/or such State and Local Codes as may be applicable,as well as Company's Work-Not-Included form:. Subsequent to the date of this proposal,should changes be made in any code,or should rulings by any code enforcing authorities extend the application of the code,the work and materials necessary to make the installation comply with such changes shall be performed as an additional. PERMITS,TAXES AND LICENSES:All applicable sales and use taxes, permit fees and licenses imposed upon us as an Elevator Contractor as of the date of this proposal are included in the contract price. The Purchaser agrees to pay, as an addition to the contract price,the amount of any additional taxes,fees or other charges exacted from the Purchaser or the Company on account thereof, by any law enacted after the date of this proposal. TEMPORARY SERVICE:Should the service of any elevator be required before completion and final acceptance,the Purchaser agrees to sign our Construction Use form,Warranty Extension and Service Agreement and be bound by the terms and conditions thereof. A copy of this form will be furnished on request. ACCEPTANCE OF INSTALLATION: Upon notice from us that the installation of the elevator has been completed,the Purchaser will arrange to have present at the installation site,a person duly authorized to make the final inspection and to provide a written acceptance.The date and time that such person will be present at the site shall be as mutually agreed, but shall not be more than ten business days after the date of our notice to you, unless we both agree to a certain date thereafter, Such final inspection and certificate of acceptance shall not be unreasonably delayed or withheld. WARRANTY:We warrant the equipment installed by us under this contract against defects in materials and workmanship for a period of one year from the date each elevator is completed and placed in operation. This warranty is in lieu of any other liability for defects. We make no warranty of merchantability and no warranties which extend beyond the description in this contract,nor are there any other warranties,expressed or implied,by operation of law or otherwise. Like any piece of fine machinery,this equipment should be periodically inspected, lubricated,and adjusted by competent personnel.This warranty is not intended to supplant normal maintenance service and shall not be construed to mean that we will provide free service for periodic examination, lubrication, or adjustment due to normal use beyond that included in the contract,nor will we correct,without a charge, breakage, maladjustments,or other trouble arising from abuse,, misuse, improper or inadequate maintenance,or any other causes beyond our control. In the event of a claim,you Must give U5 prompt written notice,and provided all payments due under the terms of this contract have been made in full,we shall, at our own expense, correct any proven defect by repair or replacement,We will not, under this warranty,reimburse you for cost of work done by others,nor shall we be responsible for the performance of equipment to which any revisions or alterations have been made by others, if there is more than,one(1) unit in this contract,this section shall apply separately to each urift as completed and placed in operation. TITLE AND OWNERSHIP:We retain title to all equipment supplied by us under this contract,and a security interest therein,(which,it is agreed,can be removed without material injury to the real property)until all payments under the terms of this contract,including deferred payments and any extensions thereof,shall have been made in the event of any default by you in any payment,or under any other provision of this contract,we may take immediate possession of the equipment and enter upon the premises where it is located (without legal process)and remove such equipment or portions thereof irrespective of the manner of its attachment to the real estate or the sale, mortgage,or lease of the real estate Pursuant to the Uniform Commercial Code,at our request,you agree to join with,us in executing any financial or continuation statements which may be appropriate for us to Me in public offices in order to perfect our security interest in such equipment. Maverick United Elevator Service Company complies with provisions of Executive Orders 11246, 11375, 11758, Section 503 of the Rehabilitation Act of 1993,Vietnam Era Veteran's Readjustment Act of 1974,38 U.S.C.4212 and 41 CFR Chapter 60, Maverick United Elevator' ervice Company support Equal Employment Opportunity and Affirmative Actions Compliance programs, We reserve the right to discontinue our work at any time until payments have been made as agreed,and we have assurance satisfactory to us that the subsequent payments will be made as they become due. Any payments not paid when due shall bear interest at legal rate in force at the place of the project. if after the work has been substantially completed,full completion is materially delayed through no fault of ours, you shall make such additional payments as may be required to leave outstanding only an amount equal to the value as estimated by us, based on the contract price, of the uncompleted portion. MAVERICK UNITED ELEVATOR shall not be held responsible nor shall it liable under the terms of this contract and Purchaser expressly releases,discharges and acquits MAVERICK UNITED ELEVATOR and Purchaser expressly agrees to remain Liable for any and all claims for loss,damage,detention,death or injury, of any nature whatsoever,to any person,Use,operation,installation or condition of the elevator(s)which are subject to this contract,or the associated areas, regardless of whether such actions,arise from the use, operation, installation or condition of the elevator(s), ri-I room(s), hatchways(s),or any of their component parts. Claims expressly covered by this agreement include those made by the,purchaser, its successors,heirs,assigns,agents,and employees as wells as those made by any other person or entity whatsoever claiming against MAVERICK UNITED ELEVATOR, The types of claims expressly covered by this agreement include but are not limited to any loss,damage, injury,death, delay,or detention to persons,entities,or property caused by obsolescence, misuse of equipment,design of equipment, installation of equipment and the associated areas surrounding such equipment regardless of whether such claims arise out of the joint,or sole negligent acts,or omissions of MAVERICK UNITED ELEVATOR, ITS OFFICERS,AGENTS OR EMPLOYEES OR ANY OTHER CAUSE WHATSOEVER. One percent of the purchase price represents specific consideration for which the Purchaser expressly agrees to the above and further agrees to indemnify,defend and save harmless MAVERICK UNITED ELEVATOR from and against any and all liability,costs,expenses,judgment awards, interest,attorneys'fees or any other damages which may be sustained by or imposed by law on: MAVERICK UNITED ELEVATOR as a result of any and all such, claIms or actions against MAVERICK UNITED ELEVATOR, including but not firnited to the claims or actions discussed above regardless of whether such claims arise out of the joint,or sole negligent acts or omissions of MAVERICK UNITED ELEVATOR, its officers,agents or employees or nay other cause whatsoever. Purchaser hereby waives the right of subrogation. Indemnification limited to$5,000,1000.00. Purchaser expressly agrees toname MAVERICK UNITED ELEVATOR as an additional insured under their general hability and excess(umbrella)insurance policies for the claims set out above, Special Conditions 1. Our performance of this contract is contingent upon your furnishing us with any necessary permission or priority required under the terms and conditions of government regulations affecting the acceptance of this order or the manufacture,delivery or installation of the equipment. 2. It is agreed that our workmen shall be given a safe place in which to work and we reserve the right to discontinue our work in the building whenever,in our opinion,this provisions is being violated. In the event our employees or those of our subcontractors are exposed to an asbestos hazard, PCB's or other hazardous substances,caused by individuals other than our employees,or those of our subcontractors,you agree to indemnify,defend,and hold us harmless from all damages,claims,suits,expenses and payments resuffing from such exposure, 3. Unless otherwise agreed,it is understood that the work will be performed during regular working hours of the trades involved. If overtime is mutually agreed upon,an additional charge at our usual rates for such work shall be added to the contract price. A. We anticipate making shipment of the equipment approximateky 8-10 weeks after all final drawings and details are approved. A dry and protected area, conveniently located to the elevator hoistway,will be assigned to us without cost,for storage of our material and tools. You agree that if you are not ready to accept delivery of the equipment when we notify you it is ready,you will immediately make the payments due for the equipment and designate some local point where you will accept delivery unless you designate such point of delivery within two weeks. We are authorized to warehouse the equipment within or without our factory at your risk. You shall reimburse us for all costs due to extra handling and warehousing. 5. Certificates of Workmen's Compensation,Bodily Injury and Property Damage Liability Insurance coverage will be furnished you upon request. 6. We shall not be liable for any loss,damage or delay caused by acts of Government,strikes, lockout,fire, explosion,theft,floods, riot, civil commotion,war, malicious mischief,or acts of God, or any cause beyond:our reasonable control,and in no event shall we be liable for consequential damages. 7. should loss of or damage to our material,tools or work occur at the erection site,you shall compensate us therefore, unless such loss or damage results from our own acts or omissions. & If any drawings, illustrations or descriptive matter are furnished with this proposal,they are approximate and are submitted only to show the general style and arrangement of equipment being offered. 9. In the event of any defalujt by you in any payment,or of any other provision of this contract,the unpaid balance of the purchase price,less the cost of completing the work,as estimated by us,shall immediately become due and payable irrespective of the acceptance by us of notes from you or extension of time for payment. In the event an attorney is engaged to enforce and collect payment due, hereunder either with or without suit,.Purchaser agrees to pay all costs thereof together with reasonable attorney's fees, Purchaser does hereby waive trial by jury and does hereby consent to the venue of any proceeding or lawsuit under this agreement to be in,(enter county and state) or in any other county of MAVERICK UNITED ELEVATOR's choice, The rights of MAVERICK UNITED ELEVATOR under this agreement shall be cumulative and the failure on the part of the company to exercise any rights given thereunder shall not operate to forfeit or waive any of said rights and any extension,indulgence or change by MAVERICK UNITED ELEVATOR in the method,mode or manner of payment or any of its other rights shall not be construed as,a waiver of any of its rights under this agreement, Purchaser's acceptance of this agreement and its approval by an executive officer of MAVERICK UNITED ELEVATOR will constitute exclusively and entirely the agreement for the service herein described. All other prior representations or agreements,whether written or verbal,will be deemed to be merged herein,and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. Should your acceptance be,in the form of a purchase order or similar document,the provisions,terms and conditions of this agreement will govern in the event of a conflict. Thls proposal and contract is hereby accepted: Work Not Included This proposal does not include the following work,and is condltioned on the proper performance of such work by the General Contractor or other Subcontractors.A legal hoistway, properly framed and enclosed,and including a pit of proper depth provided with ladder,sump pump, lights,access doors and waterproofing,as required. Dewatering of pit(s). Legal machine room,adequate for the elevator equipment, including floors,trap doors, gratings, foundations, lighting,ventilation and heat to maintain the room at an ambient temperature of 50 degrees Fahrenheit minimum,90 degrees Fahrenheit maximum, non-condensing. Adequate supports and foundations to carry the loads of all equipment, including support for guide rail brackets. Adequate bracing of entrance frames to prevent distortion during wall construction. When required,divider beams at suitable points shall be provided for guide rail bracket support, It is agreed that in the event asbestos material is knowingly or unknowingly removed or disturbed in any manner at the jobsite,you will monitor our work place and prior to and during our manning of the job,you will certify that asbestos in the environment does not exceed 01 fibers per cc as tested by NlOSH 7400. In the event our employees or those of our subcontractors are exposed to an asbestos hazard, PCP's or other hazardous substances,you agree to indemnify,defend,and hold us harmless from all damages,claims,suits, expenses,and payments resulting from such exposure. Removal and disposal of asbestos containing material is the responsibility of the contractor.All sill supports,Including steel angles where required, and sill recesses(If sill angles not supplied by Elevator Contractor)and the grouting of door sills, Provide O.S.H.A.compliant removable temporary enclosures or other protection(barricades and kickboards)from open hoistwaiys during the time the elevator is being installed(protection must allow clearance for installation of entrance frames). Proper trenching and backfilling for any underground piping and/or conduit, Cutting and patching of walls,floors, etc.,and removal of such obstructions as may be necessary for proper installation of the elevator. Setting anchors and sleeves. Pockets or blackouts for signal fixtures. Structural steel door frames with extensions to beam above if required on hoistway sides and sills for freight elevators, including finish painting of these items.Suitable connections from the power main to each controller and signal equipment feeders as required, including necessary circuit breakers and fused mainline disconnect switches per N.E.C. Wiring to controller for car lighting.(Per N.E.C.Articles 620-22 and 620-51), Electric power without charge,for construction,testing and adjusting of the same characteristics as the permanent supply. A means to automatically disconnect the main line and the emergency power supply to the elevator prior to the application of water in the elevator machine room will be furnished by the electrical contractor. This means shall not be self-resetting.Wiring and conduit from life safety panel or any other monitor station to elevator machine room or Suitable connection point in hoistway.The contractor will provide a temporary 220 VAC-30 amps single phase terminal with disconnect for each traction elevator in the machine room(s)and within,50 feet of the machine room(s)for hydraulic elevators at the start of the job for temporary operation,of work platform, Heat and smoke sensing devices at elevator lobbies on each floor, machine room, and hoistways (where applicable),with normally open dry contacts terminating at a properly marked terminal in the elevator controller. Telephone connection to elevator controller(must be a dedicated)line and monitored 24 11OUrs. Instrument in cab by others).one additional telephone line per group of elevators for diagnostic capability wired to designated controller. Emergency power supply with automatic time delay transfer switch and auxiliary contacts with wiring to the designated elevator controller. Electrical cross connections between elevator machine rooms for emergency power purposes is to be provided by others. Any governmentally required safety provisions not directly involved for elevator installatlon. All painting,except as otherwise specified. Temporary elevator service prior to completion and acceptance of complete installation. Furnishing, installing and maintaining the required fire rating of elevator hoistway walls,including the penetration of fire wall by elevator fixture boxes, is not the responsibility of the elevator contractor. Flooring and/or instaHation of flooring by others. Owner/General Contractor to provide a bonded ground wire, properly sized,from the elevator controller(s)to the primary building ground. Remote wiring to outside alarm bell as requested by the Safety Code for Elevators and Escalators(ASME 17.1) (where applicable).Costs for additional inspections of the elevator equipment by code authorities after the initial one fails due to items that are the responsibility of the contractor,or for assisting others inspecting equipment installed by others.The contractor agrees to provide a dry and secure area adjacent to the hoistway(s) ,at ground level for storage of the elevator equipment at the time of delivery.Adequate ingress and egress to this area will also be provided. Any relocation of the equipment as directed by the contractor after its initial delivery will be at contractor's expense. The contractor agrees to provide at no cost crane to hoist elevator equipment as needed.Composite clean-up crews will not be provided. Elevator contractor will be responsible for own housekeeping. ,All existing equipment removed by company shall become the exclusive property of company.