Loading...
HomeMy WebLinkAboutReso 1989-164 - Approving the agreement between the city of redding and shatsa elevator III RESOLUTION NO. 3I--16, 1 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND SHASTA . ELEVATOR CO. , INC. , EFFECTIVE MAY 1 , 1989 , FOR ELEVATOR PREVENTATIVE MAINTENANCE SERVICE AT VARIOUS CITY it LOCATIONS , AND AUTHORIZING THE MAYOR TO SIGN SAME. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the Agreement between the City of Redding and Shasta Elevator Co. , Inc. , a true copy of which is attached hereto and incorporated herein. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign 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 on the aforesaid Agreement, when appropriate. 3 . That the City Manager of the City of Redding is hereby authorized and directed to sign future amendments to said Agreement, if any, on behalf of the City of Redding, and that 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 on said amendments, when appropriate. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of 1 the City of Redding on the 16th day of May , 1989 , and was duly I ' adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, Johannessen and Carter NOES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS : None ABSTAIN: COUNCIL MEMBERS : None I�. SCOTT CARTER, Mayor City of Redding I � • ATTEST 1/11 ET(EL A. NICHOLS, City Xc clerk by Connie Strohmayer, Assistant ORIS PPROVEEDD: RANDALL A. HAYS , City Attorney -2- tl 411 41! AGREEMENT THIS AGREEMENT is made and entered into this 9 day of rri -A.pr i1 , 1989 , by and between the CITY OF REDDING, a Municipal Corporation and General Law City, of 760 Parkview Avenue, Redding, California 96001-3396 , hereinafter called "City, " and SHASTA ELEVATOR CO. , INC. of Post Office Box 2130 , Cottonwood, California 96022 , hereinafter called "Contractor" : W I T N E S S E T H: 1 . Contractor covenants and agrees to complete g perform com elevator preventative maintenance service for City at the various City locations set forth in paragraph 3 hereof in accordance with i the City of Redding Specifications for Elevator Maintenance at :I Ci Various Locations attached hereto as Exhibit "A" and incorporated herein by reference (Bid Schedule 2148) , upon the terms and conditions and for the compensation set forth below. 2 . Contractor agrees that said services shall be performed in accordance with the attached Specifications for Elevator Maintenance at Various Locations 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 g grounds for the cancellation of this Agreement 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 paragraphs 1 and 2 above, the sum of Five Hundred Eighty Dollars i I 411 111 ($580 . 00) per month for each and every month d-;ring the term of this Agreement g (subject to adjustment in accordance with paragraph 4 of this Agreement) , allocated as follows : Airport Elevator Maintenance, per Bid Specifications $133 . 00 per month Convention Center Elevator Maintenance, per Bid Specifications 140 .00 per month Old City Hall Elevator Maintenance, per Bid Specifications 1E0 .00 per month Customer Service Elevator Maintenance, per Bid Specifications 125 .00 per month AI TOTAL: $5EJ .00 per month NOTE: "Bid Specifications" referred to above are those 1: contained in Exhibit "A" entitled "City of Redding Specifications for Elevator Maintenance at Various Locations" Contractor shall render invoices in duplicate to City on the last day of each and every month during the term of this W ' Agreement. Monthly billings must be accompanied by service reports indicating hours worked and 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 only a fraction I � I of a month as a result of the expiration of the term hereof, or yl earlier termination or cancellation hereof, Contractor shall be -2- • • I � paid for the fraction of the month that services were performed ' i in accordance with a proration of the monthly consideration co-puted on the basis of a 30-day month. For the purposes of this Agreement, Contractor' s regular ti=e hourly rate is $85 . 00 , and its overtire hourly rate is $127 . 50 . 1 N 4 . The consideration and hourly rates set forth in [ 3 hereof paragraph shall remain in effect for a period of one (1) I I year; 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 II� 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 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 commencing on May 1 , 1989 , and terminating on April 30, 1992. Provided Contractor is not in default hereunder, and upon the mutual agreement of both parties, this Agreement may be renewed q for successive one-year periods, up to a maximum of two 1 pi additional years, on the same terms, covenants, and conditions I i -3- 411 411 G, gg a Y except for the right to renew beyond the initial three-year term -__f two successive years thereafter. Contractor must notify City :n writing ninety (90) days prior to the end of the initial :hree-year term of this Agreement, or, 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 condition that City shall he 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, agents , and employees, 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 from a company authorized to do business in the State of California, and keep in full force and effect, public liability insurance in minimum amounts as follows: $100 ,000 for one person, $500,000 for one occurrence of personal injury coverage, and $50, 000 for property damage. The policy covering said insurance coverage shall name City, its officers, agents, and employees, as -4- . 410 110 additional insured, and shall further contain a provision obligating the insurance carrier to notify City in writing at least ten (10) days y prior to any cancellation or reduction of • such insurance. A Certificate of Insurance evidencing such coverage and notice requirement shall be approved by City' s Risk Manager and filed with him prior to the commencement of services to be performed under this Agreement. I 8 . It is further understood and agreed as a condition of 66 this Agreement that should Contractor hire an employee or employees, it will provide workers ' compensation insurance on its employees, meeting the minimum requirements of the California Labor Code. Contractor shall furnish City with a Certificate of ` Insurance evidencing such insurance coverage, approved by the Risk Manager of City and filed with him prior to the commencement of services to be performed under this Agreement. 0 ; I 9 . This Agreement may be terminated at any time by either Darty upon thirty (30) days 'y prior written notice to the other party. 10. Any notices or demands that may be given by either pi party hereunder, including notice of default and notice of 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, 6 yy� postage prepaid, addressed as follows: To City c/o City Manager, -5- I 76C Parkview Avenue, Redding, California 96001-3396 ; and to Contractor at Post Office Box 2130 , Cottonwood , California 96022 . 11 . In carrying out the services to be performed under this Agreement, it is understood and agreed that Contractor is acting as an independent contractor and not as an employee of City. 12 . Future amendments to this Agreement, if any, may be executed by the City Manager of City. 13 . It has been determined that this matter is not subject to the provisions of the California Environmental Quality Act. IN WITNESS WHEREOF, thel parties hereto have set their hands in the presence of their officers duly authorized in that behalf on the day and year first above written. yyI CITY OF REDDING SHASTA ELEVATOR CO. , INC. f'. fr- SCOTT CARTER, Mayor CUR - . ECXLUND, President FATTEST: ETEEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney II I -6- 1 _ CITY OF REDDING PURCHASING DEPARTMENT SPECIFICATIONS FOR ELEVATOR MAINTENANCE VARIOUS LOCATIONS PAGE 1 1 . SCOPE It is the intent and purpose of this specification to obtain complete Preventive Maintenance for the elevators listed herein. The work to be performed by the Contractor under this specification ;I 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 needed to make the maintenance complete within the intent of this specification shall be performed without additional cost to the City. Contractor will hold City harmless from any claims for damages of any kind whatsoever by any person occasioned by Contractor personnel ' s activities . Contractor agrees to pay each workman paid by him the prevailing ij rate of wages applicable to the work to be done. The elevator maintenance personnel shall operate under these specifications and under directions given by the Director of General Services. Provide complete elevator maintenance service on four (4) elevators. 1 . Municipal Airport Elevator - Airport Road, Redding, California. 2 . Convention Center Elevator - 700 Auditorium Drive Redding, California. ' 3 . Old City Hall - 1313 Market Street, Redding, California. 4 . Customer Service - 1550 California St. , Redding, California. Contractor will maintain the elevator equipment herein described, usirg skilled elevator maintenance men under contractor supervision. They will employ all reasonable care to see that the elevator equipment is maintained in proper operating condition. EXHIBIT "A" • CITY OF REDDING-PURCHASING DEPARTMENT-SPECIFICA^_IONS ELEVATOR MAINTENANCE, VARIOUS LOCATIONS PACE 2 Contractor will regular'y and systematically examine, adjust, lubricate, as required, and if conditions warrant, unless specifically excluded elsewhere in this agreement, repair or replace the following: " Elevator pump, motor, plunger, plunger packing, V-belts, strainers, valves, regulators, controllers including relays, contacts, timers, coils, magnet frames and control wiring. Relamp all signals during regular service time only. Contractor will repair and/or replace traveling cable when necessary; to replace car guide shoes, gibs , and/or rollers when necessary to insure proper operation, and will keep the guide rails prcperly lubricated, when applicable. Contractor will furnish special lubricants as needed. dI The following accessory equipment will be examined, lubricated, adjusted, repaired and/or replaced by the Contractor: 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. Contractor will assume no responsibility for the following items of elevator equipment which are not included in this contract: � I Refinishing, repairing or replacement of car enclosure, its gates and/or doors , hoistway enclosure, hoistway doors, door frames and sills, hoistway Cates, finished flooring, car lighting, power feeders, switches, their wiring and fusing, hydraulic cylinder, and underground piping. All work will be performed during the regular working hours of regular working days of the elevator trade. This contract covers all work performed during the regular working hours of regular working days of the elevator trade, unless otherwise specified. Ij • • • CITY OF REDDING-PURCHASING DEPARTMENT-SPECIFICATIONS ELEVATOR MAINTENANCE, VARIOUS LOCATIONS PAGE 3 I I 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 i , hourly billing rate and the regular overtime billing rate applicable, for each overtime hour worked. 2. COMPETENCE OF BIDDER 1 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 contractor who has satisfactorily maintained equipment of similar grade to the degree specified herein. In order to demonstrate that Contractor can properly fulfil 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. Satisfactorily performed other contracts of a similar nature and magnitude. The number of years Contractor has been in business under 1 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) years . 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. j I • III CITY OF REDDING-PURCHASING DEPARTMENT-SPECIFICATIONS ELFVATOR MAINTENANCE, VARIOUS LOCATIONS 1 ' PAGE 4 4. ESCALATION CLAUSE The price quoted shall . remain in effect for a period of one (1) year . Vendor shall provide a copy of documentation verifying labor rates applicable to the current year Agreement. On the anniversary date of the Agreement, Contractor may provide additional documentation supporting any applicable elevator mechanic rate increase in effect . 75% of the annual contract price will be adjusted to reflect said increase on an equal % basis. 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. 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. 1 6. PAYMENTS As a basis for payments of claim for services rendered, monthly billing must be accompanied by service reports indicating hours worked and work accomplished on each elevator during the month. II 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. 7. INSURANCE Contractor shall carry and keep in effect durinc the term of their service public liability insurance in the amounts of $100 , 000/$500, 000 personal injury and $50, 000 property damage, and workmen' s compensation insurance. Certificates shall be filed with the City Clerk evidencing the existence of said insurance, naming City, their officers, and agents and employees , as additional insureds, and guaranteeing that City shall receive not less than ten (10) days notice in writing prior to any reduction or cancellation of such insurance coverage. I � All tr' CITY OF REDDING-PURCHASING DEPARTMENT-SPECIFICATIONS ELEVATOR MAINTENANCE, VARIOUS LOCATIONS PAGE 5 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 Cityof 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. f • I i Pi 1 il' I i I i i Q' ,