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Home My WebLink About10- Gallatin Valley Elevator Agreement for LibraryIW��TUEN WAOMOMMY fflLfflVZ_\TUN LmLmrom Locafly owned and operated 486 Dan Rd. — Manhattan, T. 59741 Phone (406)539-3886 — Fax (406)282-6065 HISILAWN Equipment Location: Bozeman Public Library 626 East Main Street Bozeman, MT. 59715 Gallatin Valley Elevator L.L.C. herein referred to as GVE, will maintain the elevator equipment herein described using technicians under our supervision. GVE will employ all reasonable care to see that the elevator equipment is maintained in proper operating condition. GVE will regularly and systematically examine, maintain, adjust, lubricate as required, and if conditions warrant, unless specifically excluded elsewhere in this agreement, repair or replace all elevator components, GVE will provide all labor for replacement of parts due to normal wear and tear. Relamping of signal fixtures is included only during our regular service visits. GVE will periodically clean elevator hatch equipment, including door hangers, tracks, hoistway switches, car top, buffers and pit. GVE assume no responsibility for the following items of elevator equipment, which are not included in the agreement. Refinishing, repairing or replacement of car enclosure, fan, gates, and/or door panels, door pull straps, hoistway enclosure, rail alignment, hoistway doors, door frames, sills, hoistway gates, finished flooring, power feeders, switches, their wiring and fusing, car light diffusers, smoke or heat sensors, buried or concealed hydraulic piping, and communication devices. This agreement covers all work performed during the regular working hours of regular working days of the elevator trade, unless otherwise indicated herein, Included in this agreement are: x Regular time callback services. Overtime call back services, X Annual safety test, X 24 Hour phone monitoring. If you should require, at any time, examinations, repairs or minor adjustments callback service (unless included above) to be made on overtime, we will absorb the regular time portion of each overtime hour worked. You will be charged only for the difference between our regular hourly billing rate and our regular overtime billing rate applicable, for each overtime hour worked. All work outside the scope of this agreement is to be performed by Gallatin Valley Elevator L.L.C. at an agreed upon rate. All regular time callbacks (Monday-Friday 8:00 a.m. to 5:00 p.m.) are included with this contract at no extra charge. Overtime is priced at $195/hr and Sunday/Holiday is priced at $260/hr — One Man, $330/hr and Sunday/Holiday is priced at $400/hr — 2 man crew. GVE will not be required to make renewals or repairs necessitated by fluctuations in the building AC power systems, extreme variations in the machine room temperature or tampering with the elevator equipment by unauthorized personnel. GVE shall not be required to make other safety tests, or to install new attachments whether or not recommended or directed by insurance companies, or by federal, state, municipal, ANSI, or other governmental or non-governmental authorities. GVE shall not be required to make repairs necessitated by negligence, misuse or obsolescence of the equipment or any other cause beyond its control except ordinary wear and tear, Nothing in this agreement shall be construed to mean that GVE assumes any liability for damages or otherwise on account of accidents to persons or property, included but not limited to accidents arising or resulting from the overloading and/or misleading of any elevator or other devise covered by this agreement, beyond it's rated capacity. You shall be solely responsible for supervising the use of the equipment and you shall provide whatever attendant personnel, warning signs and other controls and cautions that may be required or desirable to insure safe operation. You shall be at all time solely liable for the operation of the equipment. You shall indemnify, protect and save harmless Gallatin Valley Elevator L.LC. from and against liabilities, losses, and claims of any kind or nature impose on, incurred by, or asserted against Gallatin Valley Elevator L.LC, arising out of the concurrent, active, or passive negligence of Gallatin Valley Elevator L.L.C. in any way connected with the services provided under this agreement or the use of operation of the equipment. You hereby waive any and all rights of recovery, arising as a matter of the law or otherwise, which you might now or hereafter have against Gallatin Valley Elevator L.L.C. Neither Gallatin Valley Elevator L.L.C. nor it's affiliates shall be liable for any loss, damage, or delay caused by accidents, strikes, lockouts, material, shortages, or by any other cause which is beyond it's reasonable control, or in any event, for incidental or consequential damages. Gallatin Valley Elevator L.L.C. shall not be liable for any work, service or material other than that specifically mentioned herein. Tract With: Contract # 1- Bozeman Public Library Date Submitted'. August 17, 2010 Date Effective. October 10, 201 Expiration: September 30, 2014 Type: Two (2) ThyssenKrupp Hydraulic Passenger Elevators Gallatin Valley Elevator L.L.C., in consideration of $2,640.00 (001100) annually, payable in monthly installments of $220.00 per month, in advance, hereby agrees to furnish, services herein described on the above equipment. This price shall be reviewed annually and adjusted according to current labor rates of elevator mechanics and material cost. The price shall become effective on the anniversary date of the contract. 2 You shall pay, in addition the price, any tax imposed upon you by any existing or future law and the amount of tax imposed upon us, our suppliers or you under any statute, court decision, rule or regulation becoming effective after the date of this agreement which is based upon incident to the transfer, use, ownership, or possession of the materials or equipment involved in the performance hereof or the services rendered, hereunder. A delinquent payment charge calculated at the rate of 1 1 /2% per month, or if such rate is usurious then at the maximum rate applicable by law, shall be applied to the delinquent payments. In the event of default of the payment provisions herein, you agree to pay, in addition to any defaulted amount, all attorney fees, collection cost or court cost therewith. You shall at all times and at your own cost, maintain a commercial bodily injury and property damage liability insurance policy with the limits of liability you customarily carry, for the life of this contract (naming Gallatin Valley Elevator LL.C. as an additional insured), covering bodily injury and property damage caused by the services provided under the agreement and/or the ownership, maintenance, use or operation of the equipment described herein. The service specified herein will be furnished from the effective date stated above, and shall continue for a period of four years. Either party may terminate this agreement either at the end of the first four years or any subsequent four years by giving the other party ninety (90) days written notice prior to the anniversary date of the agreement. Should the customer terminate the agreement prior to the expiration, all-future charges for the unexpected portion of the agreement become due and payable as liquidated damages. In the event of the sale, lease, or other transfer of the ownership of the equipment described herein, or the premises in which it is located, customer agrees to see that such purchaser is made aware of this agreement and assumes and agrees to be bound by the terms hereof for the balance of the agreement. Gallatin Valley Elevator L.L.C. may at its sole discretion, terminate the above agreement with any such successor at any time upon thirty (30) days advance notice in writing. This agreement and acceptance thereof shall constitute, exclusively and entirely, the agreement for the service described and all prior representations of agreements relating thereto, whether written or verbal, shall be deemed to be merged herein. In the event that the purchaser's acceptance is in the form of a purchase order or other kind of document, the provisions, terms and conditions of this agreement shall govern in the event of a conflict. ACCEPTANCE. The foregoing agreement is hereby signed and accepted. Res ctf �f miffed, Wes Sartain - President Gallatin Valley Elevator L.L.C. 486 Dan Road Manhattan, Montana 59741 wes@gvelevator,com �" 3 Title: c Phone: - 2 3 1— OF TION�ONi.Y AND OUI �If7 INS IGHTS UPON THE CERTIFICATE H(�LDERa'T Yj1YjlUU,=]„ 93 10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA HIS CERTIFICATE [DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INStlRANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPOR ANT: if the certificate holder !San ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in lieu of such end BURNTIAM + COMPANY 474 SYLVAN AVENUE ENGLEWOOD CLIFFS NJ 07632 Phone:201- 568-9800 Fa -5 68 -5599 INSURED GALLA VALLEY ELEVATOR 486 DAN ROAD AMSTERDAMN MT 59734 COV ERAGES CERTIFICATE NUMBER: REVISIO NUMBER: THIS INDICATED. IS TO CERTIFY THAT THE POLICIES OF INSURANCE. NOTWITHSTANDING ANY REQUIREMENT. TERM. LISTED BELOW HAVE U ttlN i.aSUtu I V a M 1NO OR CONDITION OF ANY CONTRACTOR OTHER — c" , + DOCUMENT 11 . — I,: WITH RESPECT , .. .. � • " ---- TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS °"F_SIP — RM LTR TYPE OF INSURANCE IN SR WV0 POLICY NUMBER (MMIDDIYYYY) TSOLCY (MMIODIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ I , 000 , 000 �— '�.�.' COMMERCIAL GENERAL LIABILITY / -05 j07 /24 ✓10 07/24/11 n . $100,000 .,.. _FREMIa MED EXP (Any one pers on) $ — j CLAIMS -MADE X1 OCCUR I ISG6000 . . INJUR $ r Q�O r i.}OIa' — ' �� x GENER 000 000 S COMPIOP AGG — $ 4,000,000 G EN'LAGGREGATE $ pITAPPLIESPER POLICY I X LOC JECT pp COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY I I Y (Ea accadent) ANY AUTO BODILY INJURY (Per person) $ BODILY INJURY (Per acaderd) ALL OWNED AUTOS j b $ Y SCHEDULED AUTOS $ PROPERTY DAMAGE 1 g (Pefat�cident) H IRED AUTOS qyI $ I NON -OWNED AUTOS .,..___.._..._,......T UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LEA'S CLAlW1S -MADE ! 9 AGGREGATE $ DEDUCTIBLE I $ RETENTION $ WORKERS DOhIPEN$ATION. 4 U H ��TOR`f LII'OiITS E ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNER/EXECUTIV i ` E. L EACH ACCIDENT EACH A $ E. L DIS - E EMPLOYEE $ _ OFFICERIMENIBER EXCLUDED? � /A (Mandatory In NH) It os, detcnbe under DESCRIPTION OF OPERATION'S below I EL. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES ( Attach ACORO 101, Additional Remarks Schedule, If more space Is ulre+d ADDITIONAL INSURED WITH RESPEC TO WORK CERTIFICATE HOLDER IS INCLUDED AS PERFORMED BY THE NAMED INSURED ONA PRIMARY AND NON—CONTRIBUTORY BASIS. A WAIVER OF SUBROGATION APPLIES IN FAVOR OF GENERAL LIABILITY. RE: BOZEMAN LIBRARY '.an retdotr'. titif� ;4r- KIIrll.wI n%JR-W -m CITY OF BOZ MAN 626 E. MAIN STREET BO EMAN MT 5975 rights cUS AiiRIDM GALVA -1 INSURER(S) AFFORDING COVERAGE NAIC # I N_SURERA: Gree Insurance 22322 gNS B INSURER INSUR D. INSURER E: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITBOi� THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD