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Contract 2020-012A#2020-12-A AGREEMENT FOR ELEVATOR MAINTENANCE AND REPAIR SERVICES THIS AGREEMENT, is made and entered into this 5 day of Y*"kfCK_ 2020, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and Schindler Elevator Corporation, whose address is: 7100 TPC Drive, Suite 300, Orlando, FL 32822, (hereinafter referred to as "CONTRACTOR"). WHEREAS, National Joint Powers Alliance (NJPA) through a government cooperative purchasing public procurement process awarded an Agreement for Elevator Maintenance and Repair Services to Schindler Elevator Corporation, Contract Number 100516-SCH; WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of Contract Number 100516-SCH and the specific proposal submitted to the City dated December 13, 2019. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I — SCOPE OF WORK The CONTRACTOR shall furnish all product and services as described in NJPA Contract Number 100516-SCH, CITY's statement of scope of services required, CONTRACTOR's December 13, 2019 response thereto and the Preventive Maintenance Agreement attached hereto and incorporated herein as Composite Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in Exhibit "A", which are a part of these Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE II — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the monthly pricing and Unit Price Schedule as set forth in Exhibit "A", attached hereto and incorporated herein. ARTICLE III — TERM AND TERMINATION 1. This Agreement is to be effective upon execution by both parties, and shall 1 remain in effect until December 31, 2024, unless terminated as provided herein. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. ARTICLE IV — COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide all items in the timeframe as set forth in Exhibit "A". ARTICLE V — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted and undisputed services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE VI — DISPUTE RESOLUTION - MEDIATION Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. P� 2 ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 2. CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) CONTRACTOR's Comprehensive General, $1,500,000 Each ($3,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $1,500,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. SubCONTRACTOR's Public Liability and Propertv Damage Insurance - The CONTRACTOR shall require each of his subCONTRACTORs to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subCONTRACTORs in his policy, as specified above. 4. Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from the performance of the Work, provided that any such claim, 3 P� damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII — NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Schindler Elevator Corporation 7100 TPC Drive, Suite 300, Orlando, FL 32822 Attn: Paul Narve, District Manager CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX- MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover 2 such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 3. Severability. If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 5. Entire Agreement. This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assi meet. Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. S. Applicable Law. This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Public Records. Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does 5 P�' not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this -day of .2020. City of Cl nt D a , City Man er Attest: 7` — Tracy Ackroyd Howe, City Clerk Schindler Elevator Corporation By: Paul Narve, District Manager EXHIBIT A The work to be performed consists of furnishing all material, labor, supervision, tools, supplies and equipment necessary to provide full maintenance service, including all inspections, adjustments, tests, parts or component replacements, and repairs to keep the elevators in continuous use at their established capacity and efficiency and for their intended purpose. All maintenance adjustments and repairs shall be in compliance with the latest American National Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, ANSI All 7.1 and All 7.2, including all supplements. The existing elevators to be services are located at the address below: City Hall Buildina: 685 W. Montrose Street, Clermont, FL I.D. No. Make/Model Type Landings Front/Rear Capacity Speed lbs. FPM 72983 KONE Hydraulic 3 Front 2,500 150 Miprom HS Passenger Fire Station #1: 439 W. Hwy. 50, Clermont, FL Capacity Speed I.D. No. Make/Model Type Landings Front/Rear lbs. FPM S58434 Schindler Hydraulic 2 Front 2,500 100 8-01 321-A Passenger Police Department: 3600 S. Hiahway 27, Clermont, FL I.D. No. Make/Model Type Landings Front/Rear Capacity Speed lbs. FPM Otis Hydraulic 103670 AAA21242E Passenger 2 Front 3,500 N/A Page 1 of 10 Victory Pointe Observation Tower 938 Victory Way I.D. No. Make/Model Type Landings Front/Rear Capacity Speed lbs. FPM Garaventa Hydraulic 3 Front 8,300 75 Lift/CQ20K Passenger In addition to maintenance and repair services, the respondent is to provide reliable communications in a way that supplies emergency services to those who become stranded in an elevator car. The State of Florida requires that a telephone be connected to a central telephone exchange providing twenty-four (24) hour service in each elevator car. 1 — CONTRACTOR RESPONSIBILITY The successful Contractor shall take particular care in the performance of his work in order to prevent injury or defacement not only to his work and the elevators being serviced, but also to other fixtures and property. Any damage caused by the Contractor in the performance of his work shall be made good to the satisfaction of the City and at the Contractor's own expense. The Contractor shall perform his work at such time and manner as to cause the least possible interference with the operation of the buildings for the purpose used and shall perform no work at a time not approved by appropriate City representative. All materials used shall be new and of best quality. Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded at all times. Respondents shall comply with all applicable State Laws, Ordinances, Building and Construction Codes. Successful respondent shall pay for all permits and licenses, wiring diagram inspection fees, and charges of similar nature. 2 — TELEPHONE MONITORING SERVICES The elevator phone monitoring service will provide twenty-four (24) hour, seven (7) day coverage for all phone systems provided. This service will, upon request, dispatch elevator personnel to the designated elevator car. In the event of the elevator phone monitoring system failure, the Contractor shall provide all support to the dial tone provider until failure is resolved. The elevator monitoring service shall include the following: • Answering all calls originating from elevator within three (3) rings. Page 2 of 10 • Dispatch all emergency and non -emergency calls to appropriate technician on duty. • Handling all calls from elevators, where no response from the inhabitant(s) occurs, as an emergency dispatch even if the call is terminated at the elevator device. • Installation and programming of all hardware. • Establish and maintain cellular service for each elevator phone. • Providing a single point of contact within service provider for problem resolution. • Provide periodic testing of each phone device. This testing will be for all standards listed within this document. 3 — TELEPHONE MONITORING MAINTENANCE The Contractor shall maintain all hardware, dial tone circuits, and wiring. In the event the Contractor terminates a contract, a thirty (30) day written notice of termination shall be provided to the Contract Manager and the Purchasing Manager. 4 — ELEVATOR MAINTENANCE AND REPAIRS The Contractor shall perform the work outlined herein and maintain the entire elevator equipment described, using trained personnel directly employed and supervised by the Contractor. Elevator personnel shall be qualified to keep the equipment properly adjusted and use reasonable care to maintain the equipment in proper and safe operating condition. • Work shall include, but not limited to, the following: Examinations and preventative maintenance procedures, emergency call back service, inspection, maintenance of complete records, cleaning, lubrication, testing, adjusting repairing, furnishing of replacement parts including spares, furnishing of all equipment for testing as required by applicable codes. • Contractor shall provide regular and systematic examinations, preventative maintenance service, making examinations at periodic intervals at which time the Contractor shall determine the nature and extent of any trouble and shall take necessary action to restore the equipment to satisfactory and safe service. Contractor shall use preventative maintenance methods to furnish and install parts prior to their breakdown point where possible as necessary to keep the elevators in the best possible running order at all times. Page 3 of 10 • The Contractor shall maintain the efficiency, safety and speeds specified in the original elevator contract and as designated by the manufacturers of the equipment at the time, including acceleration, retardation, contact speed in feet per minute, with or without full load, and floor -to -floor, door opening and closing time. • The Contractor shall perform all examination and adjustments necessary to initially adjust and maintain elevators the specified speed, adjust and replace all safety devices including governors, examine and equalize tension of all hoisting ropes all whenever necessary to insure maintenance of adequate safety factor in accordance with the elevator specifications. The preventative maintenance program shall include painting, cleaning, lubricating, adjusting, calibrating, repairing, furnishing and replacing of parts and equipment, and the furnishing of all equipment necessary in the performance thereof, all as required in these specifications to include but is not limited to the following: Bearings Brakes Brake Magnetic Coils Brake Shoes and Linings Buffers Counterweights Car Safety Devices Leveling Devices Controllers and Controller Parts Commutators **Lam bulb replacement in all fixtures (except general car lighting) Coils Magnet Frames Contacts Motors Cams Oiling Devices Car & Hoistway Door Hangers Rotating Elements Car & Corridor position indicators Resistance for motor and controllers Car Operating Panels Sheaves Car Flooring, including vinyl time covering Selectors Car Safeties Switches on car and hoistway Page 4 of 10 Door Operating devices Motor Couplings and Belts Electric Wiring Signal Bell Fuses Signal System Gears Thrusts Roller Guide Shoes Tension Frames Gate Hangers Terminal and slow down devices Governors Traveling cables and telephone cables Hoisting Machines Worms, gears and gland packings Plunger Packings and Seals Windings Hall Lanters Interlocks Valves and Solenoids *"Contractor will be responsible for replacement of signal light bulbs only at time of regular examination. • The Contractor shall periodically clean and properly lubricate all sheave bearings and refill gear cases and lubricators when required. All oil reservoirs shall be kept properly sealed to prevent leakage. The Contractor shall only use lubricants furnished by the manufacturer of the equipment of those recommended by the manufacturer. • The Contractor shall keep the guide rails clean and dry when roller guides are used. • The Contractor shall supply as and when necessary, the following parts and supplies: oils, grease, rope preservative, cleaning compounds, paints, etc. All lubricants shall be of the grade recommended by the elevator manufacturer for the purpose used. All lubricants shall be stored in a metal cabinet in each machine room. • The motor windings are to be periodically treated with proper insulating compound. • The Contractor shall renew all hoisting ropes and governor ropes as often as necessary to: Page 5 of 10 ❖ Maintain an adequate act of safety not less than 80% of the designated rope strength at all times. ❖ Not exceed forty (40) broken wires in any linear foot of rope. • Replacement of the ropes shall meet all code requirements and be equal to or better than original ropes in design, material construction and strength as specified by the elevator manufacturer. • Contractor shall repair or replace conductor cables as necessary to maintain them in good operating conditions. • When necessary, the Contractor shall replace guide shoes or rollers as required to insure smooth and quiet operation. • Plunger packing on Hydraulic Elevators shall be replaced as necessary to keep re - leveling operations and oil leakage at the cylinder head to a minimum. • At intervals necessary to maintain standards of cleanliness, the Contractor shall brush lint and dirt from the guide rails, overhead sheaves and beams, counterweight frames, car tops, bottoms of platforms and remove and dispose of dirt from machine room floors and pits. Collect normal oil leakage from the packing on hydraulic elevators and keep pit floor free of oil. • The Contractor shall keep the exterior of the machinery and other parts of the equipment subject to rust, properly painted and presentable at all times. • The Contractor shall provide and keep current a suitable chart, posted in the elevator machine room of the building, on which entries shall be made to indicate the status of all servicing and maintenance work performed (including required periodic service calls) and shall indicate the date the work was performed. 5 — ANNUAL INSPECTION A member of the Contractor's supervisory personnel and a supervisor shall visit each elevator annually to observe and inspect the quality of maintenance and to verify that the quality of maintenance meets the specified and intended standards. The supervisor shall schedule each visit with the City's Contract Manager or designee. 6 — HOURS OF SERVICE The Contractor shall perform all work, except emergency minor adjustment call back service, during regular working hours and the regular working days of the elevator trade. The Contractor shall provide regular time callback service and not over -time call back service on a twenty-four (24) hour a day, seven (7) days a week basis at no additional Page 6 of 10 F d cost to the City. Emergency call-back, at any time of day, should be responded to within two (2) hours. The Contractor must be capable of meeting a response time to the facility site no more than three (3) hours during the standard work week and no more than four (4) hours during off -hour call outs. The City will not pay for service call when three-hour notice was given and the Contractor arrives after the building was closed. Should the City request examination, cleaning, lubrication, adjustments, repairs or replacements of elevator equipment be performed during other than regular working hours of the elevator trade, the Contractor shall absorb the straight time labor charges, and the City will compensate the Contractor for the overtime hours at the Contractor's normal billing rate. 7 — PERFORMANCE REQUIREMENTS The Contractor will maintain the following minimum performance standards. In accomplishing these standards, the Contractor shall maintain a comfortable elevator ride with smooth acceleration, retardation and a softstop. Door operation shall be quiet and positive with smooth checking at the extremes of travel. • Speed: +/- 5% under any loading condition. • Capacity: Safety lower, stop and hold up to 125% of rated load. ■ Leveling: +/- 3/8" under any loading condition. • Doors: Closing time, thrust and kinetic energy shall comply with ANSI. • Floor -to -Floor Performance Time: Floor to floor performance time (from time door starts closing at on floor to fully opened an level on the next successive typical floor, regardless of loading conditions or direction of travel). 8 — GENERAL CONDITIONS OF SERVICE The City shall provide the Contractor with full and free access to the equipment to render service. Contractor shall maintain at all times the original contract speed in feet per minute. Perform all adjustments required to maintain the proper door opening and closing time, within limits of applicable codes. The operating system for each unit and make necessary tests and corrections to ensure all circuits are correct and time settings are properly adjusted. The Contractor shall conduct periodic evaluations of equipment performance, including car speed, door operations, riding quality and car leveling. Following such evaluation, the Contractor shall perform adjustments, repairs and replacements required to maintain manufacturer's operating performance. A copy of evaluations will be left with City's Contract Manager or designee and reviewed on request. The Contractor shall be required to make all tests specified by governing code and ordinances, but shall not be Page 7 of 10 required 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 modification in design, to make any replacements with parts of a different design, or to perform cleaning of cab interior and exposed sills. 9 — QUOTATIONS Prior to any work being performed, the City's Contract Manager may request a written quotation. Contractor shall provide a written estimate of job costs including separate line items for labor, equipment, parts and materials. Respondent shall proceed with repair work only after receiving written authorization of the quoted work by the City's Contract Manager. Additional maintenance or repair work that is required to maintain the efficient operation and useful life of the equipment shall be identified and advised to the City's Contract Manager. NOTE: The respondent agrees to furnish all labor, materials, tools, and equipment necessary to provide maintenance of elevators for the City of Clermont in accordance with the specifications contained herein. All costs to be portal to portal, including all trip charges. By signing this form, the respondent fully acknowledges that there will be no additional compensation (no overhead, no anticipated profits, etc.) other than the unit price of the items times the number of items authorized, ordered, placed, and accepted by the City. A. MAINTENANCE, MONITORING, AND INSPECTION SERVICES Description of Services Cost Per Month City. f Unit Cost Per Year City Hall Building - Monthly Maintenance 1 $180 12 /Month $2,160 685 W. Montrose St., Clermont, FL Fire Station 1 - Monthly Maintenance 2 $150 12 /Month $1,800 439 W. Hwy. 50, Clermont, FL Police Department - Monthly Maintenance 3 $200 12 /Month $2,400 3600 S. Highway 27, Clermont, FL Victory Pointe - Monthly Maintenance 4 $100 12 /Month $1,200 938 Victory Way, Clermont, FL Elevator Telephone Monitoring Services 5 $35 12 / Month $420 City Hall Elevator Page 8 of 10 Elevator Telephone Monitoring Services 6 $35 12 /Month $420 Fire Station 1 Elevator Telephone Monitoring Services 7 $35 12 /Month $420 Police Department Elevator Telephone Monitoring Services 8 $35 12 /Month $420 Victory Pointe Observation Tower Elevator Annual Inspection - City Hall 9 1 /Annual $450 685 W. Montrose St., Clermont, FL Elevator Annual Inspection - Fire Station 1 10 1 / Annual $450 439 W. Hwy. 50, Clermont, FL Elevator Annual Inspection - Police 11 Department 1 / Annual $450 3600 S. Highway 27, Clermont, FL Elevator Annual Inspection — Victory 12 Pointe Observation Tower 1 / Annual $450 938 Victory Way, Clermont, FL a�i�► $11,040 B. ESTIMATED HOURLY RATE FOR REPAIR AND SERVICES L.N,-Jiourly Rate for Repair Servi Houriy Rate Est. Number of Hours Total Cost Regular Hours — Elevator Mechanic Only $388.58 $38,858 1 100 2 Regular Hours — Crew (Elevator $699 45 100 $69,945 Mechanic and Helper) 3 Outside Regular Hours — Elevator $77717 100 $77,717 Mechanic Only Page 9 of 10 4 Outside Regular Hours Crew — (Elevator $1,398.92 100 $139,892 Mechanic and Helper) Total Amount of B $326,412 Respondents should submit a proposal which will include a detailed breakdown listing of the maintenance and services to be performed for each location AND ELEVATOR and itemize the charges for that location BY ELEVATOR as an attachment to the response. However, the respondent must provide this document within ten (10) business days from request of the City. The maintenance proposal will be used for informational purposes only. List the number of technicians employed by your company: 67 List the company's number of years in business performing elevator maintenance: 145 List the company's number of years in business performing elevator phone monitoring services: 30 By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this solicitation, and is acting in an authorized capacity to execute this response. The respondent also certifies that it can and will provide and make available, at a minimum, the items set forth in this solicitation. Company Name (print): Schindler Elevator Corporation Street Address: 7100 TPC Drive, Suite 300, Orlando, FL 32822 Mailing Address (if different): Telephone: 407-235-1200 Fax: 407-235-1230 Email: Kerrv.bobo(a)schindler.com Payment Terms: 100 % days, net 30 FEIN: 34 - 1270056 Professional. License No.: ELC061 Signature: Print Name: Paul Narve Date: Title: District Does the respondent accept payment using the City's MASTERCARD? ❑ Yes ❑ No Page 10 of 10 FORM E CONTRACT ACCEPTANCE AND AWARD (Top poMon of this form VA be completed by NJPA If the vendor Is awarded a contract. The vendor should complete the vendor authorized sl0rmiums as part of the RFP response.) NJPA Contract 0:100516-SCH Proposer's full legal name: Sd*x w 8evator C.orporallon Based on NJI'A's ova ivallon of your propaaat, you have been Awarded al eaMraet, As an awarded vendor, you agree to provide No product =W senvkes caantatned In your proposal and to meet all of the terra and conditions set 11odh In this RFF, In any amendments to fhb IMP, and In any exceptions that aye arccepled by NJPA. The effective date of the Contract will be November 2. 2016 and will expire an November Z 2= (no later than the later of four year: from the expiration date of the currently awarded contract or bur years from the dab that the NJPA Chief Procurement OHkw awards the Contract). This Contract may be odernded for a fir year at NJPA's discretion. Awarded an November Z 2016 Vendor Aulnafsed SNRNK nc Jeremy Schwartz IN&W PRwr® OR nMj Chad Cocuelte KwE Prtww OR 1yrm NJPA Conhact # I00516S0H The Vendor hereby accepts this Contact award. Inckud1re all accepted exceptions and amendments. Vendor Name Slpnatory's �UA:en� MMM A nM Btecuted on / 20 L� (NAME Pt"M of TttPEDt NJPA Contract # IMS16-SCf1 Pry Form C EXCEPTIONS TO PROPOSAL, TERMS CONDITIONS, AND SOLUTIONS REOI T Company Name: - Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Term, Condition, or NJPA section/page Specification Exception ACCEPTS The payment of the Administrative Fee shall only apply to Members that have purchased services from Vendor alter the Effective Date and Paragraph during the teen of the agreement accepted as except that with respect to clarification. maintenance related services, the Administrative Fee shall apply to services purchased under a previous service agreement provided that the Mcmber agrees to an extension of the then current term of the previous service agreement. Vendor's reporting obligations or payment of any fees required by this Agreement, shall not apply to any paragraph project or maintenance contract accepted as where Vendor has submitted a proposal and/or is currently under clarification. upgotiation or that was signed prior to the effective date of this Agreement. It is understood that the members are aware that the NJPA organization Paragraph accepts/ requires administration fees accepted as Administration Fee to be paid by the vendor in exchange clarification. 6.29 Clarification for services at a members facility - Schindler is not responsible for any work: required due to obsolescence, accident, abuse, misuse, vandalism, See 1. below. negligence, or other causes beyond No scope or Work Schindler's control except ordinary Section Pro osaI wear and tear." Schindler Elevator Corporation shall not be liable for damages in No Damage Disclaimer excess of the annual price of any See 2. below. Section Add I applicable Member a cement. In no event shall Schindler Elevator Corporation be liable for special, indirect, consequential or liquidated damages for default or delay-" The contract Price and labor rates for extra work will be adjusted annual ly, as of the date: of the local labor rate adjustment, and wi I I be increased or deereased on the basis of changes to the local straight timc See 3. below. hourly rate for mechanics. Annual Price adjustments will not exceed 5%. Owner will be notified thirty (30) days in advance. If there is a delay in determining a new labor rate, or an interim determination of a new Igbor rate, Contractor will notify Owner and adjust the price at the time of such determination, and Contractor will retroactively bill or No issue• credit, as appropriate, for the Section Price Adjustments paied of such delay. Volume Discotnits and Administrative Fees are Adjusted Annually and effective on Jantrary See �. below. I'' of each year. The volume discount includes Maintenance and Repa1F only. Modernization and No Volume Discount New Installation has its own "one Section Adjustments time" administrative fee. T- Proposer's Signature: Date: 1. Section 6.27 of the RFP permits a Member and Vendor to agree to add additional terms and conditions to a purchase order or a seperate contract provided that such terms or conditions must not be less favorable to NJPAMembers. 2. The RFP and Contract are silent on issue of consequential damages, as such section 6.27 of the RFP permits a Member and Vendor to agree to add additional terms and conditions to purchase order or a seperate contract. 3. All price adjustments must follow the procedures outlined in NJPA Price and Product Change Request Form. 4. Proposed changes in administrative fees must be approved by the NJPA Chief Procurement Officer. Contract Award RFP #100516 FORM D Formal Offering of Proposal (To be completed only by the Proposer) - ELEVATORS, ESCALATORS, AND MOVING WALKS WITH RELATED EQUIPMENT, SERVICES, ACCESSORIES, AND SUPPLIES _ In compliance with the Request for Proposal (RFP) for ELEVATORS, ESCALATORS, AND MOVING WALKS WITH RELATED EQUIPMENT, SERVICES, ACCESSORIES, AND SUPPLIES, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: S"c .k I n J) e ,-- 0ekiA WE L fp Date: J u 1 �o Company Address: )O \,J r 1 Q jRA N City: 1� io�'r, 5 i , ,,., ni State: NJ Zip: % Q Contact Person: 1 A-1 W'- ,A 1+5L!m Title: K,-7 'fir t c o L N M b N 6 6Lk Authorized Signature: TLA IIJ C - r 10. (Name printed or typed) FORM E CONTRACT ACCEPTANCE AND AWARD {1oP Portion of this form will be completed by NJPA K the vendor Is awarded a contract. The vendor should complete the vendor outhadzed A turves as part of the RFP response.] NJPA Contract #:1005164CH P+epose s; fur lend name: SchMer Sevator Corporation Based on NJPA's uvduu&m of your proposal, you have been awarded a cendroct. At an awarded vendor, you am ee tar► piovide the produeb and sen kes contained In your propasd and Io nest of of the ferns and conditm set todh;tn this AFF, in any an ridmenh to fNs I . and In any except an that are accepted by NJPA. The effective date of ft Contact wll be November 2, 2016 and wI egke an November 2M (no later than the later of tour years from the expiration date of the currently awarded contract or four years Rom the date that the NJPA Chief Procurement Ofitcer awards the Contract). This Contract may be extended for a M Vow at NJPA's dbcm t m A _ _* �. . «.... � ... « .��,t•�s� a �, Awarded an Nbvembw Z, 2016 Vendor Auth rked flffrwhKex Jeremy SdWMrfz IN" PRW M OR TfMj Chad Coaueffe fr wEeMMoRnr®j NJPA Conlrocf # IMS16-SCH The Vendor hereby accepts this Contract award, rock ng all accepted exceptions aid amendments. =71','' ek salmy'sllfle VOMM AUMMMd99WATM Executed an l ?4 MAW MOM 04 MM "A Contract / IMS1"M Form F PROPOSER ASSURANCE OF COMPLIANCEp�{ Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer'), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the AxWucts and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and with the other documents in this solicitation. S. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 39 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name: G h i r) L( e J ►��� C,,, C�a ry Address: City/State/Zip: r r. _ TI,14 N r M J 0.79 (00 Telephone Number: 9 2 3- D a 3 -a o 5 c:3 E-mail Address: Uk_Q.e I _W1L.,Ai+_5c_k ck� 0S.Sc.k+nG(e.6 Authorized Signature: Authorized Name (printed):lti: I: p C . Title: Ili f c c-ha f­ Date: Notarized Subscribed and sworn to before me this 0 day of !�r_Dle vv,. F , 20 Notary Public in and for the County of lhL' S State of My TAtIARA Ttiv, LQFi MY COM .11GS10''•! Lwlm5 o331-2021 Form P GD PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry -Specific Questions Proposer Name: Schindler Elevator Corporation Questionnaire completed by: Dan Wukitsch Payment Terms and Financina Options 1) What are your payment terms (e.g., net 10, net 30)? Schindler prefers NET 30 payment terms.. In some cases exceptions will be made ifreasonable and mutually agreeable by both parties. This can be discussed on an individual basis. New Installation Our payment terms are net 30 days. Notwithstanding anything to the contrary herein, payment will be made as follows: 35% of the subcontract price upon receipt of initial invoice; 95% in monthly progress based upon work in place and material delivered and stored on or off site, payable within 30 days of application; balance within 30 days of completion of work hereunder. Payment of the initial invoice is a condition precedent to the start of manufacture of materials. Payment of 95% of the subcontract price is a condition precedent to equipment turnover. Modernization Net 30 days. 35% downpayment, 10% retention on all modernization projects. Monthly billing for progress on the job. 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? Schindler does offer creative financial options through our 31 party banking partners. If any member would be interested in financing options, we would consult with them if requested. Our financial options would be avaible on new installation products, modernization projects and Repairs/ upgrades on existing equipment. New Installation Schindler does offer creative financial options through our 3rd party banking partners. If any member would be interested in financing options, we would consult with them if requested. Our financial options would be avaible on new installation products, modernization projects and Repairs/ upgrades on existing equipment. Modernization We have an inhouse Financing package adminsistered by an independent consultant. Attached please find a PDF of the Financing plan available to our customers. 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the NJPA Members' purchase orders. Service Calls: A mechanic will assess the service call and whether the call is covered under contract or not. If the the service call is outside the agreement and under $2,000, the mechanic will seek approval from an authorized site manager to approve the work order by signing the Iphone. A receipt of this approval will be sent to the member. Once approval is executed, the technician will begin the work and complete it by meeting with the manager before he or she leaves to show proper functionality of the equipment. Upgrades/ Repairs over $2,000: If work is necessary that requires a technician or team to be scheduled out to the site, an account manager (Sales Rep) will send a proposal to the site manager with a full description of the work requested or needed. Once the proposal is signed off on OR a mutually approved PO is sent back to the office... the project will be scheduled. At the completion of the project, the mechanic will require a signature from the customer for FINAL ACCEPTANCE of work completed. Once the final acceptance is executed, the member will be invoiced for work completed. New Installation Upon receipt of approved proposal or Letter of Intent, Schindler will issue shop drawings for approval to the NJPA Member's designated design professional or general contractor. Initial invoice issued to cover engineering and shop drawings and initial materials sourcing of long lead items. Payment of the initial invoice and approved shop drawings are required prior to releasing equipment for manufacturing. First site visit by Schindler superintendent performed to meet client's construction team and to assess site readiness, then another site survey performed prior to releasing elevator for manufacturing. Schindler superintendent assesses site readiness to accept equipment the week prior to delivery of equipment. Material is delivered and unloaded when the job site is ready for installation of the material. Schindler crew will pull off the site for elevator wall erection at entrances and for escalator truss cladding by other trades. Schindler installation crews adjust and test in preparation for inspection. Schindler schedules inspection based on building completion requirements by the inspecting authorities. Schindler will require quarterly listing of all NJPA Member projects in order to properly identify the locations with Vertical Transportation and report quarterly sales. Modernization For modernization, the initial award can be generated through a binding Letter of Intent or an Contract document. This award is recorded and creates job numbers which are then transferred to Engineering to begin the Engineering review and approval process. Once the Engineering review, all approval drawings are received from the customer and we have a fully executed contract and downpayment, we can officially book the contract and place orders for the equipment. When a project is booked in the system, it is carried over a a sale which is recorded and reported. At this point, Schindler sales doocumentation will note whether the project was part of an NJPA contract. In order to qualify for such status, we must have been informed of the NJPA affiliation prior to the time of bid. 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? Schindler accepts P-card payments directly from the customer; third party payments are not accepted (example: a banking agency calls Schindler to make a P-card payment on behalf of customer K). The P-card payment process does not generate an additional fee for customer. New Installation Schindler does not use the P-Card Procurement and Payment process at this time. Modernization We accept credit card payment as a form of payment for all orders. Warran 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. Notwithstanding anything to the contrary set forth herein, Schindler warrants that the work supplied hereunder will comply with the specifications and that there will be no defects in materials and workmanship for one year after completion of the work or acceptance thereof by beneficial use, whichever is earlier. The equipment furnished and pn� installed under our Agreement requires maintenance service, such as periodic examinations, lubrication and adjustment by competent mechanics, specially trained to service said equipment. Our guarantee is not intended to take the place of this normal servicing of the equipment and it is not to be construed that we will provide maintenance service of this type, without charge, except as may be provided in our contract, or that we will correct, without charge, breakage, maladjustment or other issues arising out of maintenance provided by others. Schindler's sole duty under the warranty is to correct the nonconformance or defect at Schindler's expense within a reasonable time after the receipt of notice. THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Purchaser's remedies hereunder are exclusive. Schindler Elevator Corporation shall not be liable for damages of any kind in excess of the subcontract price. In no event shall Schindler Elevator Corporation be liable for special, indirect, consequential or liquidated damages. Should latent or concealed conditions be encountered in the performance of the work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents, or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in this contract be encountered, the contract price and time shall be equitably adjusted by change order upon claim by either party made within 20 days after the first observance of the conditions. Notwithstanding anything to the contrary herein, payment will be made as follows: 35% of the subcontract price upon receipt of initial invoice; 95% in monthly progress based upon work in place and material delivered and stored on or off site, payable within 30 days of application; balance within 30 days of completion of work hereunder. Payment of the initial invoice is a condition precedent to the start of manufacture of materials. Payment of 95% of the subcontract price is a condition precedent to equipment turnover. Any, proprietary 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 (which is subject to a limited license for use in this building/premises/equipment only), modems, source/accesslobject codes, passwords and the Schindler Remote Monitoring feature ("SRM") (if applicable) which we will deactivate and remove if the Agreement is terminated. If the location where the work is to be performed is not ready or is unsafe, we reserve the right not to begin or to discontinue the work. If storage constraints force double handling or if adequate storage is not available, we will be compensated for all storage costs, as well as costs for demobilization and remobilization if necessary. If work is delayed for more than 30 days, our price will be increased in proportion to any additional costs to complete the work, including but not limited to labor rate increases, material price increases, storage costs, demobilization and remobilization expenses and the like. Upon request, we will provide documentation to support any project change notices only, subject to a confidentiality agreement. Risk of loss of materials and equipment shall pass upon delivery to the site and storage as directed by you. If the start of our work on site is delayed by more than four (4) months from the anticipated start date, or cancelled or abandoned for any reason, you agree to pay charges for preliminary costs which include but may not be limited to labor, materials administration, engineering, project consulting, collection fees, interest and insurance costs, plus an adjustment/cancellation fee of not less than 5% of our subcontract price. You will pay any such charges upon presentation of our invoice." • Do your warranties cover all products, parts, and labor? The warranties cover products, parts during normal business hours unless otherwise specified in the construction contract. Typically that would be 1 year from the time installation is complete. • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Warranties are affected if the equipment is serviced by anyone other than Schindler Elevator Corporation during that period. Warranties may be affected by conditions outside the agreement such as misuse/ abuse by the building or another 31 party. The conditions of the warranty program may also be voided if equipment or components not Pry suitable or recommended by the OEM are added, removed or modify the elevator/ escalator equipment and its associated components. • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? All warranties cover all expenses as long as the warranty concern is still valid under the terms of the agreement. • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? Schindler will ensure that if it bids on a new installation or modernization project, it has the ability to cover it appropriately and timely in case of warranty repair services are necessary. • Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? Schindler will inspect the newly installed equipment and verify that the work has been installed correctly. If that is the case, Schindler will cover the warranty as long as we are under a service contract with that site. • What are your proposed exchange and return programs and policies? Exchange and returns are typically not applicable throughout a maintenance agreement. Change Orders are required as well as applicable costs for new installation and modernization projects. 6) Describe any service contract options for the items included in your proposal. Schindler will present various types of customized Service Contract options to meet the needs of the facilities. Our standard Contract options are (Sample of Contracts will be attached to this document): 1. hexed Labor Contracts: Contracts that are full maintenance agreement and require resident coverage on a 40 hr basis 2. Oil & Grease Contracts: These contracts only cover quarterly visits for maintenance and clean up of equipment as well as minor adjustments. Parts, labor and callbacks are at the negotiated labor rates. Schindler Oil and Grease Contract.doc 3. Schindler Maintenance Contract: This contract does not cover "major components" as outlined in the attached sample agreement. Callbacks, preventative maintenance and "typical parts" are covered under the agreement during normal business hours. This is a very popular contract for Schindler because of the costs of major components as a factor in the unit costs. Some customers opt for this coverage on new equipment or less frequently used equipment. Schindler Maintenance.doc 4. Schindler 8hr Contract: Full maintenance agreement that covers parts and labor during normal business hours as well as a full preventative maintenance program. All calls after hours will be billed at the agreed upon rates. Schindler Sample Contract 8 Hounclo. 5. Schindler BTO (Bonus Time Only) Contract: Full Maintenance Contract that covers parts and labor during normal business hours as well as full preventiative maintenance program. Calls that are received after hours- the customer will pay the hourly difference between overtime and regular time. Schindler Sample Contract BTO.doc 6. Schindler 24 Hr Contract: All parts, labor and preventative maintenance are covered during normal business hours and the first 2 hours of any after hours service call. Schindler Sample Contras 24 hour.d( 7. Schindler Custom: These are full service contracts that are customized to meet the needs of the member that do not fit in the standard service offerings category. Examples of this may be: Service Hours not standard, mandatory hours With the exception of the Oil and Grease Contract, all contracts offered come with semi reporting by the local office and ENTRAPMENTS covered 2417 at no charge with the exception of calls that occur as a result of vandalism or misuse of the elevators. Pricing, Delivery, Audits, and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. Schindler will provide all services, repairs and maintenance associated with elevators, escalators, dumbwaiters, moving walks. The proposal also includes New Installation of all previously mentioned equipment and modernizations of existing vertical transportation equipment as well. Finally, we are presenting value adds (as described) and access to select training and reporting of equipment performance. New Installation Schindler offers our manufactured 330A Hydraulic or 3300 Machine Room Less Traction Elevators for schools and other low-rise buildings up to 8 floors. Schindler manufactured 5500 Machine Room Less Traction Elevators for mid rise buildings up to 33 floors. For facilities requiring escalators, Schindler manufactured 9300AE Escalators would be applied. For mid rise office buildings we offer PORT Technology for superior traffic handling and integration with building and security operations. Modernization For modernization we provide control, machine, drive, door packages, fixture packages and options for cab interiors as part of our normal modernization offerings. These products incorporate latest technology in regard to "green" solutions, high quality, high reliability, superior ride quality and performance. These products are designed and manufactured by Schindler and are provided on a global basis to gain economies of scale to provide cost effective yet highly reliable awith thehighest quality. 8) Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) rd Attached please find Schindler's proposed pricing module: Schindler Schindler Pricing Equipment Pricing.F Configurator.pdf The pricing model is attached to this document as it cannot fit in the word format. Our pricing model for Service (maintenance) and modernization is based on providing our customer with a base price and providing the impact of what the price can be once additional factors are taken in to account. The "Schindler Pricing Configurator" takes in to account the very pricing we can provide for each type of equipment: Hydraulic Elevators: $115 each Geared Elevator: $215 each Gearless Elevator: $350 each Escalator: $450 each Moving Walks: $500 each Wheel chair lift: $90 each The configumtor then takes in to account all factors that can impact the price such as environment, maintenance contract types, age, vintage and other factors. In the Configurator you will see that there are 23 factors that our industry has identified as price impacts. The factors that are labeled in "GREEN' are our ideal factors. If all these "IDEAL CONDITIONS" are satisfied through marking it with a "yes," the customer will receive the BEST PRICE as stated in the line items above. If these conditions are not met, there are factors that increase the pricing model. The "Schindler Equipment Pricing" on the first PDF is the actual spreadsheet that is fed by the configurator and that will show the member the final pricing strategy that we have for them. For propertiery and Corporate reasons, we cannot provide NJPA with the excel spreadsheet of this calculator BUT because pricing is very important to their members Schindler would be willing to visit the NJPA team and discuss our strategy in more detail if the opportunity arises Modernization Modernization pricing is based on specific conditions as well to get the "very best" pricing as it is proposed on the "Schindler Equipment Pricing" document. As with the Service and Maintenance, this pricing model has its "ideal conditions" and factors that are included with the price: Price for Modernization equipment does have many factors but if all conditions were "ideal" the base budgetary modernization prices would be: Hydraulic (2-3 stop): $70,200 Geared (4-5 stop): $175,750 Escalators: $228,000 "Modernization Qualifications: Hydraulic modernizations Includes: new OEM power unit, code compliant OEM controller, standard fixtures, wiring, landing system and door package Excludes: Cab interior, all work by other trades, any custom fixtures, jack replacement, entrance and door replacement, remote machine rooms Geared & GearlessModernization: Includes: New OEM control & drive, standard fixtures, all new wiring, landing system, door package Excludes: Cab interior, all work by other trades, any custom fixtures, machine replacement & major machine repairs, entrance and door replacement Z Escalator Modernizations Includes: Complete removal of all escalator components down to the existing truss (this is retained), all new standard OEM escalator components installed to meet all local code requirements, Includes barricading, engineering Excludes: Work by other trades (which is minimal), external cladding that may be associated with escalators, Overall Clairifications on all MOD work: All pricing listed above is based on modernization work being perfonned during regular IUEC working hours (straight time) on regular working days Moving walkways will have to be priced on an individual basis based on site conditions Wheel chair lifts and "Other" types of equipment will be priced out on an individual basis All pricing is based upon mutually agreeable on site storage All pricing is based upon bringing in equipment once and not having to relocate it during the course of the project The pricing above is based upon the ideal elevator, as the specifications of each unit change the modernzation price associated with that unit will change as well Modernization Discount: Discount level Hydraulic elevators 10% off list price Traction (both geared and gearless) 5% off list price Escalators 5% off list price Discount Clairifications: Discount only available in advance of price request and for projects that are awarded on mutually agreed contracts between NJPA and Schindler. These discounts are not available for projects awarded by 3rd party general contractors or owners on 3rd party contracts New Installation Schindler prices elevators and escalators on a per location basis, due to varying labor and material costs in these locations. Our pricing includes materials and installation labor, shipping and delivery, local code jurisdiction requirements, permit fees and inspection costs. Pricing does not include line -item or product - category discounts. The contract Price and labor rates for extra work will be adjusted annually, as of the date of the local labor rate adjustment, and will be increased or decreased on the basis of changes to the local straight time hourly rate for mechanics. Annual Price adjustments will not exceed 6%. Owner will be notified thirty (30) days in advance. If there is a delay in determining a new labor rate, or an interim determination of a new labor rate, Contractor will notify Owner and adjust the price at the time of such determination, and Contractor will retroactively bill or issue credit, as appropriate, for the period of such delay. Schindler does not provide list pricing, but can provide benchmark pricing based on specific elevator/escalator configurations at proposed locations for a given time period. Modernization See the pricing model provided in the service section for information on Schindler's modernization pricing strategy. t 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. Discounts to the membership on service/ maintenance is based on a volume discount schedule that would be updated and impact the entire group on January Is' of each contract year. The discounts can be effected positively and negatively based on the participation levels at that time. For example, if the equipment participation level for all members are at 100 units and that represents an'Y' discount for year 1. In year 2, they lose 50 units from the portfolio, the volume discount percentage will be impacted on the following year- January I". Below are the discounts: Volume Discount (Units): 1-200 = 3% 201-300 = 4% 301-499 = 5% 500-1499 = 6% 1500-2499 = 7% 2500-2999 = 8% 3000-3999 = 9% > 4000 = 10% New Installation Schindler develops discount schedules based on forecasted business in markets where Schindler maintains fully staffed sales and service operations for best performance. Varying labor structure and code regulation costs and constraints impact the discount capabilities of each operation. If we can get an idea of your membership market and annual spend for vertical transportation in these markets it would help us to develop a discount range for you. Please send us sales results of Member vertical transportation projects for 2014 and 2015. Modernization 10% for modernized hydraulic elevators, 5% for modernized geared elevators, 5% for modernized gearless elevators, 5% for modernized escaltors. See clarifications included with the pricing model for more details on the specifics included herein. 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality, university, or school district. b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. X c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. d. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. Modernization Discount: Discount level Hydraulic elevators 10% off list price Traction (both geared and gearless) 5% off list price Escalators 5% off list price Discount Clarifications Discount only available in advance of price request and for projects that are awarded on mutually agreed contracts between NJPA and Schindler. These discounts are not available for projects awarded by 31 party general contractors or owners on Yd party contracts. New Installation See response to question 9 regarding discounts. Schindler does not offer rebate programs at this time. Modernization Any volume discounts would have to be considered on an individual basis dtermined by the quantity and type of work being offered at the time. Schindler is open, however, to consider volume type discounts. 12) Propose a method of facilitating "sourced" products or related services, which may be referred to as `open market' items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. Schindler's products and services business is job specific and engineered to meet the requirements of each project. In our pricing model, we have included a strategy to standardize pricing with exceptions. A possible method that we may be able to propose to our customers is to use a service contract calculator (attached to the pricing model) which allows our customers to input their equipment information and get a service contract price for budget reasons based on their inputs. This would have to be further reviewed in partnership with NJPA due to potential disclosure concerns to our competitors. This may be a way to facilitate our products and services to our customers. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. Additional charges for various services may include travel time, vehicle/fuel surcharges, expenses and freight/shipping charges: Travel Time: Charge administered for the travel of the mechanic to the point of location during a callback. Expense Charges: Consumables, environmental, parking, miscellaneous material (i.e. rags), administrative fees etc. required to complete the service request. Vehicle/Fuel Surcharges: Due to variations in distance traveled per service call and fluctuations in transportation costs, fuel charges are determined and applied on a call by call basis. Freight/Shippmg Charges: These charges do apply and vary based on the type of services required on a site by site basis Other additional charges may be applicable depending upon the services required. New Installation Schindler includes all standard straight time shipping/freight charges, cost for material delivery cranes/forklifts, straight time installation, 4 hours of training and one successful inspection of each unit of vertical transportation in our project proposal. Extra acquisition costs include expedited shipping, storage of materials if project job site is not ready to accept materials and start installation, overtime costs to accelerate installation, changes to material delivery methods/equipment from original assessment, custom training of personnel beyond 4 hours, operator for running the elevator for other trades during construction, temporary use permits and inspections, custom documentation beyond Schindler standards, custom insurance coverage beyond Schindler standard (e.g. Additional Insureds, OCIP), clean down of escalators beyond standard cleaning prior to inspection, any work not specified in Contract Documents. "Schindler Elevator Corporation shall not be liable for damages in excess of the annual price of any applicable Member agreement. In no event shall Schindler Elevator Corporation be liable for special, indirect, consequential or liquidated damages for default or delay." Modernization The only costs not included are the work by others ( other trades) which may be required with a modernization to bring the overall building requirements up to the current code. Some examples may be disconnect switches, fir service upgrades, lighting or HVAC requirements for the equipment to operate properly, etc. 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. Shipping and delivery charges may vary dependent upon the type of equipment ordered and if it is not in stock through Schindler's local warehouses. Schindler Local Offices stock most used parts locally and there are over 90,000 parts in stock through our SLC (Schindler Logistics Center) service that are available for overnight delivery. For any part not stocked locally we will order from SLC overnight. If the part is not stocked, then SLC will work with the vendor (OEM) for best delivery. There is also an inventory process in place to detemune stock levels both locally and nationally. New Installation Standard straight time shipping costs are included in our contract price. Modernization Shipping and delivery to the jobsite is included with each Schindler modernization. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. Schindler local offices based out of Alaska, Hawaii and Canada house most used parts locally for easy distribution and overnight delivery. For any part not stocked locally we will order from SLC overnight. If the part is not stocked, then SLC will work with the vendor (OEM) for best delivery. New Installation Schindler contracts with approved truck, rail and marine carriers for off -shore shipments to Hawaii and Alaska. Approved truck and rail carriers are used for shipments to Canada. Modernization These additional costs are included in the price of the modernization. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. Schindler Dashboard provides real-time access to performance and maintenance records for elevators and escalators. Available online or as an App, Schindler Dashboard and Schindler Dashboard Mobile give our customers access to the facts, figures and data concerning their maintenance plan and equipment. Schindler customers will also have visibility of all scheduled deliveries and parts orders. 1 CUSTOMER T1 1 First in Industry: ° i Closed -loop —� Service Platform CAII CENTER FIELD TECHNICIAN FIELD MANAGEMENT In conjunction with Dashboard, all Schindler maintenance technicians are equipped with a FieldLinkTM tool. This advanced hand-held system is like a cell phone, dispatch device, troubleshooting tool, parts database and service manual all in one. Since Schindler first equipped field service technicians with Field Link in 1999, we have continued to add new technologies and features that help us service and repair equipment more effectively. From this hand held device all service technicians will have access to ordering parts for repairs immediately upon the discovery of any issues. New Installation Shipping options include expedited and tandem driver trucking for additional price; for expediting long lead components, air shipment also available but is considerably more costly and not as reliable. Schindler will only use carriers that are negotiated and approved through our Logistics Provider; no use of other carriers outside this arrangement are available as an option. 17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. Schindler maintains and supports one of the most extensive automated data retrieval systems in the industry, worldwide. SAP, a nationwide software program, has been developed over the last eleven years as part of an international project with our parent organization, Schindler Holding, Ltd. It was designed specifically as a data base management tool to support elevator and escalator maintenance activities, and is in place in all Schindler district offices throughout the country. SAP's callback management module individually tracks all elevators and escalators in our customer portfolio. Through it, all reported customer service calls, their causes, their resolutions, and the timing of Schindler reaction to calls is recorded and monitored. This information is available for analysis and sort/report generation by all Schindler d Field Service management personnel. Not only does SAP track performance management, it also has the capability of tracking spend: maintenance, repair and fixed price. Through SAP, Schindler will be able to provide NJPA members with reported sales falling under contract. All new NJPA member locations are filtered through the national account manager who audits the contract before it is entered into our system. The audit process is a short review of terms & conditions, scope of work and price. Discounts are also reviewed and augidted by the national account manager annually at the end of year. January 1$' is Schindler's deadline for all discount reviews based on contractual language. Should a discount be increased or decreased the account manager will contact the customer immediately to notify of any changes. Administrative fees are audited based on the frequency of payment (monthly, quarter, etc.). The fees are crosschecked through Schindler's reporting program SAP. New Installation Schindler will assign a Project Delivery Team to assist local offices in compliance of the Contract with NJPA. To ensure consistency in pricing, estimating templates for NJPA equipment configurations which will include requirements and costs associated thereof will be put in place for use by sales representatives. The Team will be responsible for quarterly project reporting and monitoring of fee eligibility/remuneration. Modernization Schindler utilizes our SAIS internal process prior to turnover of any modernized or new equipment. SAIS provides an independent SAIS certified trained emplyee to provide a detailed audit and safety testing procedure prior to turnover to the customer for building use. This is a global safety process emplyed by Schindler which goes beyond the AHJ local authority mandated testing. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Up to $600,000 Annual Maintenance and repair Spend (not including Repairs)- 2% $601,000- $1,800,000 Annual Maintenance and repair Spend- 3% $1,800,001+ Annual Maintenance and repair Spend- 4% ***Does not include Mod or New Installation New Installation: Administrative Fee for construction Services: 3% total as set forth below: (a) 1.5% after final contract payment and (b) 1.5 % for a minimum 5 year conversion New Installation Schindler proposes a 3% Administrative Fee for construction Services, payable under the following conditions: Payment of the Administrative Fee will not become due until payment of the subcontract price has been made in full by the Member. Based on quarterly receipt of Member Project List from NJPA, Schindler will issue a report listing Member's Projects that have Vertical Transportation and indicate those projects that are eligible for payment of the Administrative Fee. Payment will occur for the quarter the project becomes eligible. The payment of the Administrative Fee shall only apply to Members that have purchased services from Vendor after the Effective Date and during the term of the agreement except that with respect to maintenance related services, the Administrative Fee shall apply to services purchased under a previous service agreement provided that the Member agrees to an extension of the then current term of the previous service agreement. zl� Vendor's reporting obligations or payment of any fees required by this Agreement, shall not apply to any project or maintenance contract where Vendor has submitted a proposal and/or is currently under negotiation or that was signed prior to the effective date of this Agreement. It is understood that the members are aware that the NJPA organization accepts/ requires administration fees to be paid by the vendor in exchange for services at a member's facility. Industry -Specific Ouestions 19) For the solutions that you are proposing, what is your market share relating to NJPA's specific Member sectors (i.e., governmental, educational, or not -for -profit entities)? If you are unable to reasonably cite accurate data or credible estimates, please state this. Please do not provide unrealistic figures —and do not guess. Do not leave this blank. Schindler is unable to reasonably cite accurate data or credible estimates at this time. 20) Describe in detail your approach to providing both maintenance and repair for your units in service. (This description should address, for example, these types of questions: What are your target and actual response times for repairs of various urgency? Are your maintenance and repair teams separate from your installation teams? Can scheduled maintenance be combined with unscheduled service calls?) Schindler operators service mechanics (technicians) in each branch through out the country. These mechanics are trained and certified through the NEC, local chapter and training is maintained by Schindler Elevator. Each branch has service route mechanics that respond to the "day to day" calls on equipment down. These mechanics are equipmed to handle basic service calls for parts replacement and troubleshooting/ repair. If the equipment in question requires heavy repair or replacement of a component (typically this type of repair requires parts to be ordered and scheduled with the customer) a team (mechanic/ helper) will be required and scheduled appropriately to complete the repair. This information will be communicated to the customer before the initial mechanic leaves the building and a follow up call will be made to the customer to schedule a day for the repair that can be mutually agreed upon. Response times vary depending on Environment, location and situations outside the control of Schindler such as traffic, accidents, weather related delays and similar situations. Together with GPS technology and central dispatch, it is Schindler's goal to triage our calls based on the customer's urgency, and dispatch as quickly as possible within the specified time frame. Updated ETAs will be communicated to the customer through out central station. Emergency Entrapment calls and calls that threaten life or property are dispatched immediately and with the upmost urgency and priority. Schindler will view GPS and determine the closest mechanic to dispatch. An ETA is given and the mechanic is sent to the site as soon as he or she secures their current job site so that it is safe. Response times inmost cases are less than hour as long as there are not delays outside the control of the mechanic_ Schindler will provide periodic maintenance throughout the year on equipment per olar Maintenance Control Plan and in some cases additional maintenance while on repair calls or projects if needed. Service calls and repairs are prioritized, dispatched or scheduled as quickly as possible and always with the customer involved in understandking when we plan to be on site. Response times for non emergency service calls are usually within 4-6 hours pending the customer approval. Entrapments are within 30- 60 min. Repairs are surveyed, parts are ordered and scheduled based on the customer's approval of the date and arrival of the equipment. SM100020 Hydro SM100021 Traction SM100022 Elevators.pdf Elevator MCP.pdf EscalatorMovingWa 21) Describe the breadth of your parts inventory and the likelihood that your repair team (or service team) will have the necessary replacement parts readily available. Please avoid general statements that merely reflect a desire to place units back into service as soon as possible. Rather, to the extent possible, support your assertions with verifiable data. Schindler's repair schedule ranges based on the type of repair necessary. Minor repairs may be done on site while the mechanic is on the service call using inventory from his truck or borrowing from an inventory supply nearby. Scheduled repairs that are relatively "standard" in nature can usually be completed within 1 to 2 weeks of the equipment being ordered. These repairs also require the approval of the building to complete them. Your order for repair is put on the schedule depending on whether or not the equipment is still running, and whether the customer has additional equipment to use while Schindler is being dispatched. Heavy repairs depend primarily on when the equipment will arrive on site and the number of repair teams needed. Most heavy repairs can be completed within 4 weeks but does depend on equipment delivery which can be a longer lead time depending on whether it is stocked, fabrication or other circumstances. The customer will be made aware and kept up to date on when the work will be scheduled. An example of a longer lead time may be escalator handrails because they are not stocked and are made to fit each piece of equipment. Door operators on elevators (if not stocked) have potential lead times of b weeks. Schindler makes every effort to decrease the down time by, in some cases, using a temporary component, until the new one arrives is some cases. A plan for the scheduled work is always reviewed with the customer and time lines established that are fair and reasonable. 22) Which industry -specific quality management system certifications (if any) does your company hold? You may also include applicable ISO certifications in your answer. Schindler maintains ISO 9001:2008 and ISO 14001:2004 accreditation. Signature: �2��'� Date: /s/ eln Preventative Maintenance Agreement: 8-Hour Bonus Time Only This contract adheres to the T&Cs of the NJPA contract 100516-SCH. The terms and conditions of NJPA contract 100516-SCH control. EQUIPMENT DESCRIPTION Qty Manufacturer Equipment Application Description Openings Capacity Speed install# Clermont City Hall 685 W Montrose Street Clermont, FL 34711 1 Kone Hydraulic Passenger Elevator 3F/OR 3500 ISO 72983 Clermont Fire Department 439 W Hwy 50 Clermont, FL 34711 1 Schindler Hydraulic Passenger Elevator 2F/OR 2100 100 58583 Clermont Police Station 3600 S Hwy 27 Clermont, FL 34711 1 Otis Hydraulic Passenger Elevator 2F/OR 3500 125 103670 Victory Point Park 851 Victory Way Clermont, FL 34711 Garaventa ResidLft LULA Lift 106314 Owner/Public Agency (CITY OF CLERMONT, 685 W Montrose St. Clermont, FL 37411) and Contractor (SCHINDLER ELEVATOR CORPORATION, 20 Whippany Road, Morristown, NJ 07960) agree as follows: PREVENTIVE MAINTENANCE SERVICE • Contractor's preventive maintenance program performed in accordance with a maintenance schedule specific to Owner's equipment • Examine, lubricate, adjust, and repair/replace covered components • Prompt callback coverage • Safety testing • Customer friendly and responsive communications PREVENTIVE MAINTENANCE PROGRAM Contractor's Preventive Maintenance Program, as described in this agreement will be performed in accordance with a maintenance schedule specific to Owner's equipment. Contractor will provide a regularly assigned technician to the Owner's property and back up technicians will be available as required to give prompt service as required at all times. Contractor will assign local account representative and will be Owner's primary contact for communications regarding the agreement. Also available to Owner is our Contractor's extensive technical support and parts inventory, at the site as needed, and at local warehouses and Contractor's national service distribution center with express delivery in emergencies. EXAMINE, LUBRICATE, ADJUST, AND REPAIRIREPLACE COVERED COMPONENTS Contractor will periodically examine, lubricate, adjust, and as needed repair or replace the Covered Components listed below. Page 1 of 9 Exhibit "A" - Preventative Maintenance Agreement HYDRAULIC ELEVATORS Basic components: Controller components: resistors, timers, fuses, overloads, minor contacts, wiring, coils; packing, drive belts, strainers, 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, switches, door protection devices, and alarm bells. Major components: Exposed piping in the Machine Room & hoist way, motor, PC boards, pump, pump unit, solid state devices, contactors, and valve. 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, machine, machine & sheave bearings, machine brake, motor generators, PC boards, sheave & sheave assemblies, solid state devices, 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. DUMBWAITERS Basic components: Controller components: resistors, timers, fuses, overloads, minor contacts, wiring, coils; brake: pads, lining, disks or shoes, magnet coils, brushes & commutators; 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: Brake, hoist motor, hoist ropes, machine, machine & sheave bearings, motor generators, PC boards, sheave and sheave assemblies, solid'state devices, and contactors. WHEELCHAIR LIFT Notwithstanding the Services provided for other units covered by this Agreement, Contractor will periodically inspect, make minor adjustments, lubricate, and make recommendations for repair or replacement of components. No other services for these units, other than as specifically set forth in this paragraph, are included or intended by this Agreement. Relamping of signal fixtures will occur during regularly scheduled preventive maintenance service visits. Contractor is not responsible for the following items: hoist way door hinges, panels, frames, gates and sills; cabs and cab flooring; 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, casings and cylinders; automatic ejection Page 2of9 Exhibit "A" — Preventative Maintenance Agreement 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; media displays; fireman's phones; exterior panels, skirt and deck panels, balustrades, re-lamping 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 re -fabrication.) CLEANING/PAINTING Contractor will periodically clean the machine room, car top, and pit of debris related to our work in these areas; TESTING OF SAFETY DEVICES Egulyment Test Freauencv Hydraulic Pressure/Relief Valve Annually Geared No Load Annually Geared Full Load Every 5 years Gearless No Load Annually Gearless Full Load Every 5 years Escalator Safety Test Annually Contractor's testing responsibilities do not include fees or changes imposed by local authorities in conjunction with inspecting, licensing or testing the Equipment; 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. Since these tests may expose the equipment to strains well in excess of those experienced during normal operation, Contractor 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. CUSTOMER FRIENDLY AND RESPONSIVE COMMUNICATIONS Service dispatching will take place through Contractor's national call center which is staffed by qualified Contractor's personnel, 24 /7. Owner will be provided with a customer identification number, which must be referenced when a call is placed. Contractor's dispatchers will have access to Owner's building's service call records, and will promptly relay the details of Owner's call to the assigned technician. Unless directed otherwise, Owner's cab telephones will be directly programmed to dial SCSN. Owner will be provided access to Contractor's on-line reporting system. SCHINDLER AHEAD You will be provided access to the Schindler Ahead tools, which include the Schindler Cube or Schindler Remote Monitoring, Schindler ActionBoard/Dashboard, and Schindler ActionBoard Mobile/Dashboard Mobile. These digital tools and their three subscription tiers are 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. Page 3of9 Exhibit "A" -Preventative Maintenance Agreement Schindler Action Board/Dashboard and ActionBoard Mobile/Dashboard 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. The three subscription tiers for Schindler Ahead 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 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 Connect, plus 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 11), 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. 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 handle 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 Ahead 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 phone service connection is confirmed. This will ensure there is no disruption with 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. During the term of this agreement, you have the ability to adjust the tier you have selected at your convenience. The Schindler Ahead Package described in this agreement requires activation of Schindler Ahead hardware. Schindler 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. Page 4of9 Exhibit "A" —Preventative Maintenance Agreement HOURS OF SERVICE Contractor will perform the services during our regular working hours of regular working days, excluding elevator trade holidays. The Services include callbacks for emergency minor adjustment callbacks during regular working hours. If Owner authorizes callbacks outside regular working hours, Owner will pay Contractor the premium portion per hour of this agreement. That rate is established by taking the difference between the overtime rate and the standard hourly rate plus materials not covered by contract, expenses and travel. All other work outside the Services will be billed at Contractor's 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 and is not caused by misuse, abuse or other factors beyond Contractor's control. The term does not include any correction or adjustment that requires more than one technician or more than two hours to complete. RESPONSE TIMES Schindler will provide a 1-hour (normal business hours) emergency response for entrapments. All other non- critical calls will be responded to within 4-hours during normal business hours. After hours emergency call response time will be within 2 hours and all other non -critical after-hours calls will be responded to within 4 hours. TERM This Agreement commences on January 1, 2020, and continue to its expiration date of December 31, 2024, 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. PRICE In consideration of the Services provided hereunder, Owner agrees to pay $770.00 per month, payable in quarterly installments of $2,310.00, exclusive of applicable taxes, subject to payment terms and Price Adjustment set forth below. Owner agrees to pay, as an addition to the price herein, the amount of any current or future sales, use, excise or other tax applicable to the Services provided hereunder. The pricing above includes a subscription price of $40 per month for Schindler Ahead Connect 4 units, and a DigitalAlarm price of $100 per month for 4 units, totaling $140.00 per month. This will be payable in annual installments of $1,680.00, exclusive of applicable taxes, unless another payment frequency is selected below. If you would like to choose a different Schindler Ahead tier, please indicate by checking below. [ ] Switch to the Enhanced Package - $10 per unit, per month addition. PRICE ADJUSTMENT The contract Price and labor rates for extra work will be adjusted annually. There is a 5% cap on these adjustments. Owner will be notified thirty (30) days in advance. If there is a delay in determining a new labor rate, or an interim determination of a new labor rate, Contractor will notify Owner and adjust the price at the time of such determination, and Contractor will retroactively bill or issue credit, as appropriate, for the period of such delay. BILLING RATES FOR WORK OUTSIDE THE SCOPE OF THIS AGREEMENT Billing rates for work outside the scope of this service agreement shall be billed at out standard billing rates less a 30% discount. Our current standard billing rates for 2019 are as outlined below: Page 5of9 DFLT-7FW6PT 2008.4 •� '' T&M Billing Rates (!S) ST 1.5 x OT Mechanic: $W.58 .59 Helper: $310.67 �s2S.4�J Adjuster: $437.16 .17 1.7xOT $528.49 $743.17 2xOT 777.17 $621.75 Fs ii4.31 Page 6 of 9 Fi Exhibit "A" — Preventative Maintenance Agreement 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: By: Kerry Bobo For: Schindler Elevator Corporation Title: Sales Representative Date: November 18, 2019 Approved: By: Paul Narve Title: District Manager Date: 2/117 /?-a Z. v For: City of Clermont Title: Date: -6 f a laaa C) Page 7of9 Exhibit "A" —Preventative Maintenance Agreement TERMS AND CONDITIONS 1. This is the entire Agreement between Owner/Public Agency and Contractor and no other terms or conditions shall apply. This Agreement 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. Owner/Public Agency retains responsibilities of the premises and of the Equipment. Owner/Public Agency will provide Contractor with dear and safe access to the Equipment and a safe workplace for Contractor's employees as well as a safe storage location for parts and other materials to be stored on site which remain Contractor's property, in compliance with all applicable regulations related thereto, Owner/Public Agency 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; Owner/Public Agency will promptly authorize needed repairs or replacements outside the scope of this Agreement, and observe all testing and reporting responsibilities based upon local codes. Owner/Public Agency will not permit others to work on the equipment during the term of this Agreement. Owner/Public Agency agrees to 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 Contractor will have the option to terminate this Agreement immediately, without penalty. Owner/Public Agency agrees to post and maintain necessary instructions and / or warnings relating to the equipment. 3. Neither Owner/Public Agency nor Contractor will be liable for damages of any kind, whether in contract or in tort, or otherwise, in excess of the annual price of this Agreement. Neither Owner/Public Agency nor Contractor will 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 Owner/Public Agency or Contractor 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, 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 party's 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. Owner/Public Agency will assign this Agreement to Owner/Public Agency's successor in interest, should Owner/Public Agency's 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 Contractor's default, including failure to assign to a successor in interest as required above, Owner/Public Agency will pay as liquidated damages (but not penalty) one/half 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 Contractor's control. The services do not guarantee against failure or malfunction, but are intended to reduce wear and prolong useful life of the Equipment. Contractor is 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. Contractor is responsible to perform such work as is required due to ordinary wear and tear. Contractor is not responsible for any work required 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; adverse premises or environmental conditions, power fluctuations, rust, or any other cause beyond Contractor's control. Contractor is not 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 1Y2% 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. Page 8of9 Exhibit "A" — Preventative Maintenance Agreement 8. If either party to this Agreement claims default by the other, written notice of at least 10 days shall be provided, specifically describing the default. If cure of the default is not commenced within the ten-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. 9. Any proprietary material, information, data or devices contained in the equipment or work provided hereunder, or any component or feature thereof, remains Contractor's property. This includes, but is not limited to, any tools, devices, manuals, software (which is subject to a limited license for use in this building/premises/ equipment only), modems, source/ access/ object codes, passwords and the Contractor's Remote Monitoring equipment (if applicable) which Contractor will deactivate and remove if the Agreement is terminated. 10. Owner/Public Agency will prevent access to the Equipment, including the remote monitoring equipment and/or dedicated telephone line if applicable, by anyone other than Contractor. Contractor will not be responsible for any claims, losses, demands, lawsuits, judgment, verdicts, awards or settlements ("claims") arising from the use or misuse of the remote monitoring equipment, if it or any portion of it has been modified, tampered with, misused or abused. Contractor is not responsible for use, misuse, or misinterpretation of the reports, calls, signals, alarms or other such remote monitoring output, nor for claims arising from acts or omissions of others in connection with remote monitoring or from interruptions of telephone service to remote monitoring regardless of cause. Owner/Public Agency agrees to defend, indemnify and hold Contractor 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 Contractor's established fault. 11. Contractor shall be insured at all locations where it undertakes business for the type 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, 13. Owner/Public Agency hereby authorizes Contractor 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 Owner/Public Agency may retain possession. Contractor agrees 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 Owner/Public Agency's continued possession of the computer program should cease to be rightful, Contractor agrees that all such archival copies shall be destroyed. 14. Owner/Public Agency acknowledges that certain replacement parts, such as printed circuit boards or control related parts, may be difficult to obtain. While Contractor does not anticipate problems or delays obtaining such parts, it may be necessary or desirable for Owner/Public Agency to order such parts directly from the original equipment manufacturer ("OEM"). Owner/Public Agency agrees, in such event, to order parts promptly from the OEM, at any time and from time to time, as specified by Contractor. Contractor agrees to reimburse Owner/Public Agency for the reasonable cost of such parts (as covered by this Agreement) promptly upon receipt from Owner/Public Agency of copies of the invoice(s) together with appropriate payment documentation. 15. Should conditions arise requiring use of the OEM diagnostic tool, Contractor will promptly notify Owner/Public Agency. Owner/Public Agency agrees, in such event, to promptly contact the OEM for diagnostic service and repair. Owner/Public Agency will be responsible for all costs related to such service and repair. Owner/Public Agency further agrees that Contractor shall not be responsible for any delays, damage, costs or claims associated with Owner/Public Agency's or OEM's failure to timely provide a diagnostic tool, and Owner/Public Agency will indemnify, defend and hold Contractor harmless from any such delays, damage, cost or claim. Page 9of9 Exhibit "A" — Preventative Maintenance Agreement