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HomeMy WebLinkAboutReso. 1987-357 - Approving the Amendment Dated November 17, 1987, to the Agreement Between the City of Redding and Shasta Elevator Co. Inc for Elevator Maintenance Services to be Performed in Various City Buildings, and Authorizing the Mayor to Sign RESOLUTION NO. p 7- 31 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AMENDMENT DATED NOVEMBER 17 , 1987 , TO THE AGREEMENT BETWEEN THE CITY OF REDDING AND SHASTA ELEVATOR CO. INC. FOR ELEVATOR MAINTENANCE SERVICES TO BE PERFORMED IN VARIOUS CITY BUILDINGS , AND AUTHORIZING THE MAYOR TO SIGN. BE IT 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 Amendment dated November 17 , 1987 , to the Agreement between the City of Redding and Shasta Elevator Co. Inc . , a true copy of which is attached hereto and incorporated herein by reference; and 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents on behalf of the City of Redding in connection with said Amendment to Agreement, and that 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 documents , when appropriate; and 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 1st day of December , 1987 , and was duly adopted at said meeting by the following vote : AYES : COUNCIL MEMBERS : Carter, Fulton, Gard, Johannessen, & Dahl NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None Ric> c_ \—/ --4,1 MIKE DAHL , Mayor City of Redding ATTEST: FORM PROVED : (qt e de-cida{mod` ET T$EL A. NICHOLS it Clerk RAN ALL A. HAYS , ity Attorney oc \1 AMENDMENT TO AGREEMENT THIS AGREEMENT made and entered into this 1 lam- day of November, 1987 , by and between the CITY OF REDDING, a Municipal Corporation, of 760 Parkview Avenue, Redding, California 96001 , hereinafter called "City, " and SHASTA ELEVATOR CO. INC. of Post Office Box 2130 , Cottonwood, California 96022-2013 , hereinafter called "Contractor" : WITNESSET H: 1 . On March 11 , 1987 , Contractor entered into an Agreement with City to perform elevator maintenance services , a copy of which Agreement is attached hereto and incorporated herein by reference. 2 . Effective October 1 , 1987 , said Agreement is hereby amended as follows : A. The seventh paragraph of Exhibit "A, " Section 1 . SCOPE, be and hereby is amended to read as follows : Provide complete elevator maintenance service on four (4) elevators , as follows : 1 . Municipal Airport Elevator - Airport Road, Redding, California 2 . Civic Auditorium Elevator - 700 Auditorium Drive , Redding, California 3 . Old City Hall Elevator - 1313 Market Street, Redding, California 4 . Customer Service Elevator - 1550 California Street, Redding, California. • B. Paragraph 3 of said Agreement be and hereby is amended to read as follows: 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 Four Hundred Thirty Dollars ($430 . 00) per month for each month during the term of this Agreement (subject to adjustment in accordance with paragraph 4 of this Agreement) , allocated as follows: Airport Elevator Maintenance , per Specifications $ 90 .00 per month Civic Auditorium Elevator Maintenance , per Specifications 105 .00 per month Old City Hall Elevator Maintenance , per Specifications 145 .00 per month Customer Service Elevator Maintenance, per Specifications 90 .00 per month TOTAL: $430 .00 per month 3 . All other terms and conditions of said Agreement dated March 11 , 1987 , shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year first above written . CITY OF REDDING SHASTA ELEVATOR . INC . By: By: MIKE DAHL, Mayor By: ATTEST: FORM PROVED: ETHEL A. NICHOLS , City Clerk RA DALL A. HAYS , City Attorney -2- •.. • AGREEMENT THIS AGREEMENT made and entered into this f ( 'O day of /14-RC. , 1987 , by and between SHASTA ELEVATOR. CO.. INC. of Post Office Box 2130 , Cottonwood, California 96022-2013 , hereinafter called "Contractor, " and the ' CITY OF REDDING, a Municipal Corporation, of 760 Parkview Avenue,- Redding, California 96001 , hereinafter called "City" : _ WITNESSET H: 1 . Contractor covenants and- agrees to perform complete maintenance service on the Municipal Airport .elevator and the Civic Auditorium elevator as described in accordance with. Specifications for Hydraulic Elevator Maintenance . attached hereto as Exhibit "A" and incorporated herein by reference , in accordance with the following terms and conditions and for the compensation hereinafter set forth. • 2. Contractor agrees that said services shall be performed to the satisfaction of City ' s Director of General Services , and that failure to perform the aforesaid elevator maintenance services in accordance with the Specifications for Hydraulic Elevator Maintenance (Exhibit "A" ) and to the satisfaction of said Director shall constitute a material breach of this Agreement and 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 P. ,i'7, /, h paragraphs 1 and 2 above, the sum of One Hundred Ninety-five Dollars ($195. 00) per month for each month during the term of this Agreement (subject to adjustment in accordance- with paragraph 4 of this Agreement) , allocated as follows: Airport Elevator Maintenance, per Specifications - - S 90. 00 per month Civic Auditorium Elevator Maintenance, per Specifications 105. 00 per month TOTAL: $195 . 00 per month • For the purposes of this Agreement, 'Contractor ' s regular- time hourly rate is $67 . 00, and its overtime hourly rate is $100 . 00 . In EDe event such services are performed for .only a fraction of a month as a result of the expiration of the term hereof, or earlier termination or cancellation hereof, 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. 4 . The consideration and hourly rates set forth in para- graph 3 hereof shall remain in effect for a period of one (1) 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 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 bnly__be.-_ made On straight-time hourly labor cost plus-hourly :benefits as provided for -by the-. San Francisco- collective-bargain-ing-agreement. --- -- 5. The' term of this 'Agreement'-sha11 be for three '(3) -years commencing on April- 28 , 1986 , and terminating on April 27 ;-1989. Provided Contractor is- not - in :default hereunder, this Agreement may be renewed for successive one-year periods , up to a maximum of two additional ' ears�F"on the same_ terms " -y , - =covenants-- --and conditions except -for- the. right - to renew- beyond - the initial three-year - term: and- :two --successive- -years thereafter,— on on -the mutual .agreement of both parties. Contractor - must -notify' City ninety (90) days prior to the '-end of the initial three:'yeat term of this Agreement , or , if renewed for a subsequent one-year period, ninety,490) - days before the end of the fourth year of this Agreement, of its intention to renew. - - - 6 . Contractor assumes and agrees to save and hold- City and its officers , agents' and employees harmless from any responsi- bility or liability in connection with Contractor ' s use of the premises for the purposes herein. 7 . Contractor shall carry and keep in effect during the term of this Agreement workers ' compensation insurance and 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 coverage . Certificates -3- • of:. such insurance shallybe filed _with-.. the,-City.,-C;lerk of- City::and shall - name, City, : its officers,: .agents and: employees , as additional : insureds•.and- guarantee- c-i-ty.:. at least-2ten-•1:10) days' prior written notice .of any cancellation -or, reduction of such insurance.. - ._.. _ . _ _. 8 . This Agreement may be terminated at any time by either party upon 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 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 to City at 760 Parkview Avenue , Redding, California 96001 ; and to Contractor at Post Office Box 2130 , Cottonwood, California 96022-2013 . 10 . It has been determined that this matter is not subject to the provisions of CEQA. IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year first above written. CITY OF RED ING SHASTA ELEV OR OMPANY By: � f BY LEE D. FULTON, M. D. , Mayor By : ATTEST: APPROOyED: o. >ac.eo- - ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS , City Attorney CITY OF REDDING PURCHASING DEPARTMENT SPECIFICATIONS FOR HYDRAULIC ELEVATOR MAINTENANCE 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 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 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 two (2) elevators . 1 . Municipal Airport Elevator - Airport Road , Redding, California . 2 . Civic Auditorium Elevator - 700 Auditorium Drive , Redding, California . Contractor will maintain the elevator equipment herein described , using 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-SPECIFICATIONS-ELEVATOR MAINTENANCE PAGE 2 Contractor will regularly and systematically examine, adjust, lubricate, as required, and if conditions warrant , unless specifically excluded elsewhere in this agreements repair ox 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 properly lubricated, when applicable . Contractor will furnish special lubricants as needed. - 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: 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. 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 snpr; f; nr • • CITY OF REDDING-PURCHASING DEPARTMENTSPECIFICATIONS-ELEVATOR MAINTENANCE PAGE 3 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. :.: - . . 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.-; 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 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 "ears 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-PURCHASING DEPARTMENT-SPECIFICATIONS-ELEVATOR MAINTENANCE 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 riving 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,: 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. 7 . INSURANCE Contractor shall carry and keep in effect during the term of their service public liability insurance in the amounts of S100 , 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 . • CITY OF REDDING-PURCHASING DEPARTMENT-SPECIFICATIONS ELEVATOR MAINTENANCE 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 City of that particular bid. 'Where deviations are noted, the City reserves the right . to accept a bid. containinc 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 he acquired and such deviations result in a lesser total cost tc the City for the subject item.