Mid-American Elevator Company, Inc. FULL MAINTENANCE AGREEMENT ELEVATORS To: Date: Lake Michigan Apartments 1/1/14 4227 Oakenwald Chicago, IL 60653 Mid-American Elevator Company, Inc. proposes to furnish maintenance service to the purchaser as herein described: Complete elevator maintenance service will be provided for the following described elevator(s) in your building located at: 4227 Oakenwald Chicago, IL ELEV N0. QUANTITY MAKE TYPE OPERATION CAPACITY OPENINGS ?l-2 2 MCE Traction Passenger 2,500 14 1. Mid-American will maintain the elevator equipment as hereinafter described on the terms and conditions subsequently set forth. The company will use trained personnel directly employed and supervised by us. They will be qualified to keep your equipment properly adjusted and they will use all reasonable care to maintain the elevator equipment in proper operating condition and to keep the elevator hoist way, machine room areas, and equipment areas free from dust, oil, grease and/or debris generated by the operation and/or maintenance of these elevators. The company will regularly and systematically examine the elevators. We will adjust, lubricate and, if conditions warrant, repair or replace the following: 2. TRACTION ELEVATORS: Machine, motor, generator set or solid state motor drive, controller, selector, dispatching system, governor, sheaves, hoist way door interlocks and equipment, and all parts including, worms, gears, bearings, drive sheaves, brake pulleys, brake magnet coils, brake motors, brake shoes, brushes, brush holders, windings and motor circuits, magnet frames, rotating elements, relays and contacts, springs, switches, resistors, contactors, solid state components, transducers, condensers, power amplifiers, transformers, leads, dash pots, timing devices, computer and micro-computer devices, mechanical and electrical driving equipment, selector tape, all wire ropes, conductor cables, control cables and wiring, guide shoes, gibs, rollers, door operating devices, door protective devices, door gibs, car and hoist way door hangers, car and hoist way door rollers, load weighing equipment, car safety mechanism, car fan and alarm bell, car and corridor operating stations, relamping of signals, buffers, limit, landing and slowdown switches, and all other mechanical and electrical parts, including proper lubricants, ?L'Jlm ll it?: Hi. ll! Ii '1 820 NorthWolcott Avenue, Chicago, Illinois (773?) 486?6900" FAX (773) 486-2438 except those specifically excluded hereinafter. 3. HYDRAULIC ELEVATORS: On hydraulic elevators the foliowing are also included: pump, pump motors, valves, and packing, drive belts, strainers, mufflers, and normal replacement of hydraulic fluid. 4. EXCLUSIONS: The Purchaser is responsible for the following items of elevator equipment which are not included in this agreement: refinishing, repairing or replacement of any components of the elevator cab, its floor covering, hung ceilings, light fixtures and buibs, elevator fans, car sills, face plates for signal fixtures, the hoist way enclosure doors, frames and sills, hinges and closers on swing doors, emergency lighting and power units, or components installed or connected for emergency standby power use, main line power switches, breakers and feeders to control equipment, replacement of obsolete parts or equipment, communications systems used in conjunction with the elevators except if installed by Mid?American Elevator Co., Inc., smoke detectors or sensors for Fireman's Control Feature. Also on hydraulic elevators: casings, cylinders, plungers, and all piping, rams, and excessive or abnormal loss .of hydraulic fluid. 5. Repairs or renewal necessitated by ordinary wear and tear only shall apply to this contract, and the company shall not be required to make adjustments, repairs or renewals necessitated by reason of negligence on the part of others, misuse. or vandalism of the equipment, flooding, water damage, power failure, power surges, or by reason of any other cause beyond the Company's control. The company shall not be required to install new attachments on the elevator or elevators whether or not required and/or recommended or directed by Insurance Companies or by Governmental Authorities, nor to make any replacements with parts of a different design. Safety Tests directed or required by Governmental Authorities are also not covered under the terms of this agreement. All work, materials, repairs, callbacks, inspections and/or tests not covered under the terms of this agreement will be billed to the Purchaser at the companys regular billing rates. The purchaser also agrees to furnish a complete set of wiring diagrams for permanent and long-term use by the company. 6. The items listed below show considerable wear and tear and will have to be replaced in the near future. The company is accepting them in their present condition with the understanding that the purchaser will pay, in addition to the base contract price, an additionai cost at the time the items are first replaced. The replacement charge will be pro-rated to the Purchaser and the company based on the percentages indicated below: SCHEDULE OF ITEMS TO BE PRO-RATED ITEM DESCRIPTION 7. Overtime work is not included in this contract. Based on the price stated, all service will be performed during normal industry? working hours and days (8:00 AM to 4:30 PM, Monday Through Friday). Any work performed outside of the normal working hours. will be billed to the Purchaser at the Company?s normal billing rates. Exceptions to the above are: On emergency minor adjustment- overtime callback service, the company will absorb the cost on a 24 Hour, sevenmd'ay per week basis, if the following occurs. In the event two elevators are down in the five-car group. A car has entrapped a passenger, or passengers. Page 2 of 4 El On emergency minor adjustment overtime caliback service, the company will absorb the straight time portion and the Purchaser is to pay the overtime premium portion only for all hour worked including travel time. The following items shall be considered MINOR ADJUSTMENTS: Coil replacement, landing switch replacement, Door lock repair, relay replacement, .door operator belt repairs, other repairs requiring one hour or less to complete. All other repairs shall be considered major and will be performed during regular time hours. 8. Service will be furnished for the initial contract period beginning 1/1/14 on a month to month basis and from year to. year thereafter, subject to termination by either party at the end of the initial contract period, or the end of any subsequent year by giving the other party thirty (30) days prior written notice. Should an ownership change occur, this contract shall remain in force under normal contract terms. 9. The price for our service as herein stated shall be $1,273.00 per month payable upon presentation of an invoice. A price adjustment provision is included and made a part of this agreement to cover increases or decreases in local labor and fringe benefit rates of elevator mechanics and increases in materials based on the US. Wholesale Metals and Metal Products Index. On each annual anniversary date of this agreement, the contract amount will be increased or decreased by the increase or decrease in the straight time hourly labor cost for Elevator Constructor Mechanics. For the purpose of understanding, straight time hourly labor cost shall mean straight time hourly rate paid to elevator maintenance personnel including all taxes, insurance and fringe benefits cost incurred by the company to employ such personnel. 10. This contract is subject to all terms and conditions herein and the following: The company does not assume any liability for accidents to person or property except those directly related to negligent acts of the company or its employees. The company shall not be held liable for any loss, damage, detention or delay caused by non-operation of said equipment or reason of strikes, lockouts, fire, floods, acts of civil or military authorities or by insurrection or riot. or by any other cause which is unavoidable or beyond its control. In any event the company is not responsible for consequential damages. No work, service, or liability on the part of the company other than those specifically mentioned herein is included or intended. The owner agrees that they will not permit others to make alterations, additions, adjustments, repairs, or replacements to the elevator equipment. Should others, including the owner, his representatives or agents or another elevator company, work on the equipment, it will be considered a material breach of the contract. The Purchaser retains their normal responsibility and liability as owner or lessee of the equipment. This responsibility includes but is not limited to: advising, warning or instructing passengers in the proper use of equipment; discontinuing immediately the equipment from service when it becomes unsafe or operates in a manner which might cause injury to a user thereof; providing a safe work place for our employees; notification to the company of Operational problems, malfunctions or-accidents. It is expressly agreed that payment 'of all sums when due hereunder is a condition precedent to the future rendering of services by the company and it reserves the right, at its option, to suspend services 'until all payments then due are madei atany time purchaser is more than forty (45) days in default in making payments hereunder. The company?s suspension of services shall not be Page 3 of4 deemed to be breach of this agreement and it shall not be liable for any loss, cost or damage resulting from such suspension. Not withstanding any provision of this agreement to the contrary, if Purchaser fails to cure such default within thirty (30) days following receipt of notice, the company may terminate this agreement upon written notice, effective immediately, without prejudice to any other rights or remedies which it may have at law or in equity. In the event a default by either party results in litigation, the reasonable attorney fees and court costs of the prevailing party shall be paid for by the losing party. In the event the purchaser's acceptance is in the form of a purchase order or other type of document, the provisions, terms and conditions of this contract shall govern in the event of conflict. Your acceptance of this agreement and its approval by an executive officer of the company will constitute exclusively and entirely this agreement. All prior representations or agreements, whether written or verbal, are superseded and no changes in or additions to this agreement will be recognized unless made in writing and signed by both parties. Special Conditions: In the event that Mid?American Elevator Co. is notified of non~performance issues in writing and no corrective action is taken within five working days, the contract may be terminated within thirty (30) days in writing. This proposal and contract is hereby accepted. SUBMITTED BY: Veronica Kotlajich, Maintenance Dept Business Manager ACCEPTED: (Legal Name of Purchaser) ELEVATOR CO., INC. BY: TITLE: TITLE: DATE: DATE: Page 4 of 4