Loading...
HomeMy WebLinkAboutReso 92-199 - Approve & Authorize the mayor to sign the agreement between COR & US Elevator Corp for Elevator Maintenance at various city locations, effective 05/01/92 p RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT BETWEEN THE CITY OF REDDING AND UNITED STATES ELEVATOR CORP. FOR ELEVATOR MAINTENANCE AT VARIOUS CITY LOCATIONS, EFFECTIVE MAY 1, 1992. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1. City Council hereby approves the Agreement between the City of Redding and 1 j United States Elevator Corp. for elevator maintenance at various City locations, effective May 1, 1992, a true copy of which is attached hereto and incorporated herein by reference. I 2. The Mayor of the City of Redding is hereby authorized and directed to sign j said Agreement on behalf of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. 3. The City Manager of the City of Redding is hereby authorized and directed to sign future amendments, if any, on behalf of. the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the City Manager and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 5th day of May , 1992, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Anderson, Arness, Kehoe & Moss NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dahl ABSTAIN: COUNCIL MEMBERS: None CHARLIE MOSS, Mayor City of Redding AT ST: / FORM PPROVED: re CONNIE STROHMAYER City Clerk RAN ALL A. HAYS, ifty Attorney +, a a A G R E E M E N T THIS AGREEMENT is made and entered into, effective May 1, 1992 , by and between the CITY OF REDDING, a Municipal Corporation, hereinafter called "City, " and UNITED STATES ELEVATOR CORP. , hereinafter called "Contractor" : W I T N E S S E T H: IT IS HEREBY AGREED by and between the parties hereto as follows: 1. Contractor covenants and agrees to perform complete elevator preventative-maintenance service for City at the various locations set forth in paragraph 3 hereof in accordance with the City of Redding Specifications for Elevator Maintenance at Various Locations and General Conditions attached hereto as 'i Exhibit "A" and incorporated herein by reference (Bid Schedule jl 2595 ) , upon the terms and conditions and for the compensation set forth below. M 2. Contractor agrees that said services shall be performed d in accordance with the Specifications attached hereto as Exhibit "A" and to the satisfaction of City' s Director of General Services, and that failure to do so shall constitute a material breach of this Agreement and grounds for the cancellation thereof by City as hereinafter provided. 3. City agrees to pay Contractor, in consideration of the services to be performed in accordance with the provisions of ii i d ' paragraphs 1 and 2 above, the sum of Five Hundred Eighty Dollars ( $580 . 00) per month for each and every month during the term of this Agreement ( subject to adjustment in accordance with paragraph 4 of this Agreement) , allocated as follows: Redding Municipal Airport $145. 00 per month Redding Convention Center 145. 00 per month Old City Hall 145. 00 per month Customer Service 145 .00 per month TOTAL: $580. 00 per month 'I Contractor shall render invoices in duplicate to City on the last day of each and every month during the term of this Agreement. Monthly billings must be accompanied by service reports indicating the hours worked and the work accomplished on each elevator during the month; and each report shall be verified by the signature of a designated representative of City. Failure to comply will result in withholding monthly payments. In the event such services are performed for a fraction of a month, Contractor shall be paid for the fraction of the month that services were performed in accordance with a proration of the monthly consideration computed on the basis of a 30-day " month. I� For the purposes of this Agreement, Contractor' s hourly i rates are as follows: $116.50 for regular time; $161. 50 for overtime; and $207. 00 for Sundays and holidays. 4. The consideration and hourly rates set forth in 2 i 1 paragraph 3 hereof shall remain in effect for a period of one ( 1 ) year from the effective date hereof ; and Contractor shall provide a copy of documentation verifying labor rates applicable to the current-year Agreement. On the anniversary dates of this Agreement, Contractor may provide additional documentation supporting any applicable elevator mechanic rate increase in effect, if any. City agrees 7 to pay Contractor 750 of the actual increase in hourly rates, over and above the base rate set forth in paragraph 3 hereof, and the annual contract price under this Agreement will be adjusted to reflect said increase. Adjustment will only be made on straight-time hourly-labor cost plus hourly benefits as provided for by the San Francisco collective bargaining agreement. 5. The term of this Agreement shall be for three ( 3) years a 1 commencing on May 1, 1992, and terminating on April 30, 1995 . Provided Contractor is not in default hereunder, and upon the mutual agreement of both parties, this Agreement may be renewed for successive one-year periods, up to a maximum of two additional years, on the same terms, covenants, and conditions except for the right to renew beyond the initial three-year term and two successive years thereafter. Contractor must notify City in writing ninety (90) days prior to the end of the initial three-year term of this Agreement, and, if renewed for a subsequent one-year period, ninety ( 90) days before the end of the fourth year of this Agreement, of its intention to renew. 6. This Agreement is entered into upon the express 3 condition that City shall be free from any and all liability and claims for damages for personal injury, death, or property damage in any way connected with Contractor' s services to be provided hereunder, including claims of Contractor, its officers, agents, and employees. Contractor shall indemnity and save harmless City, its officers, officials, employees, agents, and volunteers, from any and all liability, loss, cost, or obligation on account of or arising out of any such injury, death, or loss caused by the negligence or other legal fault of Contractor or its officers, agents, and employees. 7. It is understood and agreed as a condition of this Agreement that Contractor shall, at its own expense, obtain and keep in full force and effect the insurance coverages required by the General Conditions attached hereto and incorporated herein by j reference. 8. This Agreement may be terminated at any time by either party upon thirty ( 30) days ' prior written notice to the other party. 9. Any notices or demands that may be given by either party hereunder, including notice of default and notice of a termination, shall be deemed to have been fully and properly given when made in writing, enclosed in a sealed envelope, and deposited in the United States Post Office, certified mail, postage prepaid, addressed as follows: To City c/o City Manager, Post Office Box 496071, Redding, California 96049-6071; and to Contractor at 3453 Ramona Avenue, Suite 1, Sacramento, CA 95826. 4 d . N - 10. In carrying out the services to be I y g performed under this Agreement, it is understood and agreed that Contractor is acting as an independent contractor and not as an employee of City. 11. Future amendments to this Agreement, if any, may be executed by the City Manager of City. 12 . It has been determined that this matter is not subject to the provisions of the California Environmental Quality Act. IN WITNESS WHEREOF, the parties hereto have set their hands in the presence of their officers duly authorized in that behalf on the days and year set forth below. iJt i CITY OF REDDING II j Dated: 1992 By: 'I Mayor UNITED STATES ELEVATOR CORP. APR6199 �- Dated: 1 1992 By: F. N. Bowen, Controller ATTEST: FORM PPROVED.. CONNIE STROHMAYER, City Clerk RAk6ALL A. HAYS, kity Attorney 5 9 i CITY OF REDDING PURCHASING DEPARTMENT SPECIFICATIONS FOR ELEVATOR MAINTENANCE VARIOUS LOCATIONS PAGE 1 1 . SCOPE The City of Redding desires to obtain a complete preventative maintenance service for the elevators listed herein. It is the intent and purpose of this specification to define that service. �. The work to be performed by the Contractor under this specification shall consist of furnishing all material, labor, tools and equipment necessary to provide full maintenance service on the equipment described. Any work not specifically mentioned which is required to complete the preventative maintenance service within the intent of this specification shall be performed without additional cost to the City. The elevator maintenance personnel shall operate under these specifications and under directions given by the City of Redding personnel listed on page 3 of these specifications. Provide complete elevator maintenance service on four (4) elevators at the locations listed below. Location #1 - Redding Municipal Airport 6751 Airport Road Redding, California Location #2 - Redding Convention Center 700 Auditorium Drive Redding, California Location #3 - Old City Hall 1313 Market Street Redding, California Location #4 - Customer Service 1550 California Street Redding, California EP EXIAHL1131T - S City of Redding--Bid Specifications Elevator Maintenance Page (2) P 9 Contractor will maintain the elevator equipment herein described, using skilled elevator maintenance personnel under contractor supervision. They will employ all reasonable care to see that the elevator equipment is maintained in proper operating condition. Contractor will provide regular scheduled maintenance on the elevators listed including, but not limited to the following; Examine , adjust, lubricate, repair or replace the elevator pump, motor, plunger, plunger packing, V-belts, strainers, valves, regulators, controllers (including relays, contacts , timers, coils, magnet frames and control wiring) , signal lamps (regular service hours only) , traveling cable, car guide shoes, gibs, rollers, guide rails and any other primary items to insure safe uninterrupted elevator service. In addition to the items above the contractor will provide scheduled maintenance as described to the following accessory equipment; Door operator, car and hoistway door hangers and tracks, car door contacts , and door protective devices, all door gibs, car and corridor operating stations, car fan, alarm bell and buffers. q' The following items are excluded from the scope of these specifications and Contractor will assume no responsibility for service of these items under the terms of subsequent contract; Refinishing, repairing or replacement of car enclosure, its gates and/or doors, hoistway enclosure, hoistway doors, door frames and sills, hoistway gates, finished flooring, car lighting, power feeders, switches, their wiring and fusing, hydraulic cylinder, and underground piping. IVu All work specified by this contract will be performed during the regular working hours of regular working days of the elevator trade, unless otherwise indicated. � If required, at any time, examinations, minor adjustments, call back services or repairs to be made on overtime, contractor will absorb the regular time portion of each overtime hour worked. The City will be charged only for the difference between the regular hourly billing rate and the regular overtime billing rate applicable, for each overtime hour worked. i City of Redding--Bid Specifications Elevator Maintenance Page (3) u Bidders are encouraged to visit all sites to familiarize themselves with each elevator, however this is not mandatory to submit a response to the notice inviting bids. Bidders may call the City of Redding personnel listed below to arrange a site inspection or resolve any questions: Lon Harris, Building Maintenance (916) 225-4094 or leave message @ 225-4462 Craig Davis , Purchasing Division (916) 225-4369 2 . COMPETENCE OF BIDDER The importance of maintaining the equipment herein covered in a safe and efficient operating condition at all times demands that service be performed by an elevator n contractor who has satisfactorily maintained equipment of similar grade to the degree specified herein. In order to demonstrate that Contractor can properly fulfill i all of the services and conditions of these specifications, the Contractor shall furnish with his bid a written statement to the City showing that he has; A current license to perform the work in conformance with the provisions of the State Business and Professions Code. License number shall be set forth in all bids and contracts. j Satisfactorily performed other contracts of a similar nature and magnitude. The number of years Contractor has been in business under this name and management. Before awarding a contract, the City will consider the above data and may request additional information from the bidder as deemed necessary. 3 . TERM This agreement will be in effect for a period of three (3) vears. The contract may be renewed for successive one (1) year periods under the same provisions up to a maximum of two (2) additional years on the mutual agreement by both parties. Contractor must notify City ninety (90) days prior to the end of term of Agreement of intention to renew. City of Redding--Bid Specifications Elevator Maintenance Page (4) 4 . ESCALATION CLAUSE The price quoted shall remain in effect for a period of one (1) year. On the anniversary date of this Agreement, Contractor may provide additional documentation supporting any applicable elevator mechanic rate increase in effect, if any. City agrees to pay Contractor 75% of the actual increase in hourly rates, over and above the base rate set forth in current agreement, and the annual contract price under this Agreement will be adjusted to reflect said increase. Adjustment will only be made on straight-time hourly labor cost plus hourly benefits as provided for by the San Francisco collective bargaining agreement. Adjustment will only be made on straight time hourly labor cost plus hourly benefits as provided for by the San Francisco collective bargaining agreement. w !� 5. CANCELLATION The City reserves the right to cancel this contract at any time by giving the Contractor thirty (30) days written notice of his intent to do so. 6. PAYMENTS As a basis for payments of claim for services rendered, a monthly billing must be accompanied by service reports indicating hours worked and work accomplished on each elevator during the month. Reports shall be verified by the signature of a designated representative of the City. Failure to comply will result in withholding monthly payments. Contractor shall render invoices in duplicate to the City on the last of the month, monthly. If necessary at the commencement or termination of the contract, payments will be made for any fractional part of a month' s service at the rate of one-thirtieth (1/30) of the monthly charge for each day of service rendered. NOTE: If there are any deviations from the specifications set forth herein, the bidder shall note the deviations in his bid. Failure to note a deviation from the specifications may be grounds for rejection by the City of that particular bid. Where deviations are noted, the City reserves the right to accept a bid containing such deviations provided that, in the sole opinion of the City, the deviation or deviations so noted do not affect the overall capability of the item bid to perform the function for which it is to be acquired and such deviations result in a lesser total cost to the City for the subject item. GENERAL CONDITIONS PAGE 1 1 . INSURANCE INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS A. Evidence of Maintenance Required. The Contractor shall, at all times, maintain in full force and effect the insur- ance required by this section. Certificates of insurance and necessary endorsements evidencing required coverages or policies shall be filed with the Risk Management Office at least ten (10) days prior to the beginning of work. The certificate shall provide i that at least thirty (30) days prior written notice of any material change in or cancellations of the coverages or policies shall be ' given to the City of Redding as certificate holder. B. Qualifying Insurers . All required insurance policies shall be issued by companies which hold a current policy holders alphabetic and financial size category rating of not less than A:VII according to the most recent issue of Best' s Insurance Reports. C. Insurance Required. General liability, automobile liability (if applicable) and workers ' compensation insurance shall be maintained as follows: 1 . General Liability Insurance. Either (a) compre- hensive general or (b) commercial general liability. a. Comprehensive General Liability Insurance for bodily injury (including death) , personal injury, and property damage which provides limits of at least one million ($1 ,000 ,000) dollars combined single limit per occurrence. I OR 1 b. Commercial General Liability Insurance for bodily injury (including death) , personal injury, and property damage which provides limits of at least one million ($1 ,000 ,000) dollars general limit per occurrence and two million ($2 , 000 ,000) dollars general aggregate limit. In either case, the comprehensive general or commercial general liability policies shall include coverage or endorsements for: a. Premises and operations; b. Contractual liability; 11 GENERAL CONDITIONS PAGE 2 C. Products/Completed Operations with limits of one million ( $1 , 000 , 000) dollars per occurrence/aggregate. d. Independent contractors; and e. Personal injury liability. The personal injury endorsement shall not contain the so-called "a" (liability assumed under the contract) or "c" (suits brought by employees) exclusions. 1 The comprehensive general or commercial general liability d insurance shall also include the following endorsements, copies of which shall be provided: a. Inclusion of the City of Redding, its officers, agents, employees and volunteers as additional insureds as respects services or operations under the contract. b. Cross liability and severability of interest clauses providing that the insurance applies separately to each f insured except with respect to the limits of liability. c. Stipulation that the insurance is primary insurance and that neither the City nor its insurers will be called upon to contribute to a loss. 2 . Comprehensive Automobile Liability (if applicable) for bodily injury (including death) and property damage which provides total limits of not less than one million ($1 ,000, 000) dollars combined single limits per occurrence, applicable to all owned, non-owned, and hired vehicles. 3 . Statutory Workers ' Compensation and Employer' s Liability Insurance for all employees engaged in services or operations under the contract. The employer' s liability insurance shall provide limits of not less than one million ($1 ,000 , 000) dollars per occurrence. Both the Workers ' Compensation and employer' s liability policies shall contain the Insurer' s waiver of subrogation in favor of the City its officers, agents, employees and volunteers. D. Claims Made Coverage. If general liability insurance is written on a "claims made" basis, the certificate of insurance must clearly so state, and the following additional information must be provided: 1 . Whether defense coverage is included in the policy limit (yes or no) ; 1 V - i GENERAL CONDITIONS PAGE 3 2 . All aggregate limitations including i) General aggregate, and ii) Products/Completed Operations Aggregate; 3 . The retroactive date. 4 . The length of time for extended reporting period. 5 . Any limitations on invoking the reporting period (other than nonpayment) . 6 . Whether a "Notice of Circumstances" is allowed (yes or no) . E. Other Insurance Provisions 1 . The requirements of these Standard Specifications as to types and limits of insurance coverage to be maintained by the Contractor, and any approval of insurance by the City, are not intended to, and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the contract, including, but not limited to, the provisions concerning indemnifications, nor preclude the City from taking any other action available to it under any other provisions of the contract or law. 2 . The City acknowledges that some insurance require- ments contained in these Standard Specifications may be fulfilled by self-insurance or other combinations of insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by Contractor under the contract. Any self-insurance or other combinations of insurance must be approved in writing by the City, at its sole discretion. 3. If the "acord form" is used as the certificate of insurance, the cancellation clause must be modified as follows: "Should any of the above-described policies be cancelled before the expiration date thereof, the issuing company will endeaver--te mail 30 days written notice to the certificate holder named to the left, l�tr�-� .:.�•a-to--�at�-- - - -s3 impese--no- f-,&rt--tifd--epem the-eempeey;-ate-egeat9-er-repre9eatat��*e9. " N ` � GENERAL CONDITIONS M PAGE 4 2 . DEFINITIONS : In these specifications the word "City, " means the City of Redding, California. The term "Bidder, " means the person, firm, or corporation submitting a bid on these specifications or on any part thereof. The term "Contractor, " means the person, firm, or corporation with whom the Contract is made by said City, or the agent or legal representative who may be appointed to represent h such party, firm, or corporation in the execution of this Contract. The term "Engineer, " means the City Engineer of the City of pRedding, acting either directly or through his personally appointed agents, such agents acting severally within the scope of the specific duties entrusted to them. SII 3 . PROPOSALS: I� Bids, to receive consideration, shall be made in accordance with the following instructions: (a) Bids shall be made as indicated on the forms contained in the documents attached hereto and entitled "BID, " properly executed in ink, with all blank spaces filled in. The signatures of all persons signing the bid shall be in longhand. The completed original Bid Form shall be without alterations or erasures and shall not be removed from this binding. Additional information may be submitted by the bidder on a separate sheet. (b) Before submitting a bid, bidders should read the Specifications carefully and should inform themselves completely as to all existing conditions and limitations. The bid shall include the cost of all items necessary to complete the Contract. it (c) Each proposal shall be enclosed in a sealed envelope addressed to the City Clerk of the City of Redding, City Hall , Redding, California 96001 . The outside of the envelope shall be plainly marked with Bidder' s name and address and the Bid Schedule Number. j (d) All bids received after the scheduled closing time for receipt of bids shall NOT be accepted or considered and shall be returned to the bidder unopened. 4 . WITHDRAWAL OF BID: Any bidder may withdraw his bid, either personally or by written request, at any time prior to the scheduled closing time for receipt of bids. i i J� I N GENERAL CONDITIONS PAGE 5 5 . INTERPRETATION: If a prospective bidder is in doubt as to the true meaning of any part of the "Notice Inviting Bids, " "General Conditions, " or the "Specifications, " or finds discrepancies in or omissions in the same, he may submit to the City a written request or an interpretation or a correction thereof. Any interpretations or corrections of the proposed documents will be made only by addendum mailed or delivered to each person receiving a set of such documents. Such addendum shall be considered as part of the Contract. 6 . AWARD OF CONTRACT OR REJECTION OF BIDS: i The Contract will be awarded within sixty (60) days after the opening of bids. The City, however, reserves the right to reject any or all bids, or any part of any such bid, and to waive any informality in bids received, taking into consideration the ultimate economy to the City. 7 . ASSIGNMENT OF CONTRACT: No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the City unless such assignment has had the prior approval of the said City and surety has been given due notice of such assignment in writing and has consented in writing. 8 . QUALIFICATIONS OF BIDDER: Only manufacturers or contractors of established reputations, or their duly authorized dealers or agent, having proper facilities for the manufacture of the materials or equipment and for servicing same, or for proper execution of the work called for in the Specifications, will be considered in making the award. 9 . MATERIALS, WORKMANSHIP, AND DESIGN: i All work must be done and completed in a thorough, workmanlike manner by mechanics skilled in their various trades, notwithstanding any omission from the Specifications. a Aia� V p i- Reddi oQ o 0 C'i o 1 United States Elevator F. N. Bowen, Controller 3453 Ramona Avenue, Suite 1 Sacramento, CA 95826 Subject: Bid Schedule 2595 , Elevator Maintenance Your bid was accepted as the successful bid and as previously mentioned by Carolyn Roberts letter of March 10 , 1992 . the City requires insurance documents to be submitted. I have spoken to both the City' s Risk Manager and the City Attorney in regards to attachment "A" that was submitted with your bid. Your bid has been accepted as amended by the attachment. If there are any other questions or problems please contact me @ (916) 225-4369 or at the address below. Thank you. CITY OF REDDING Purchasing Department Craig H.)Davis Buyer 916-225-4369 c: Carolyn J. Roberts, Purchasing Officer