HomeMy WebLinkAbout1985-068
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RESOLUTION NO.
85-68
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH RELIABLE ELEVATOR CO. RELATING TO
ELEVATOR AND ESCALATOR MAINTENANCE SERVICE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 Agreement with Reliable Elevator Co. relating to elevator and
9 escalator maintenance service, a copy of which is attached hereto,
10 marked Exhibit "A" and incorporated herein by reference as fully
11 as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on
~r>o~;,l rir
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the _,) 8th day of
, 1984, by the following vote,
Febrnary
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AYES:
Council Members~aGtanen~ Rp;lly ~rkp,
On;p.l Fri'l7.iAr St"rir.kl-p..r
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NAYS: None
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ABSENT: _,_CQHnc;;il.l1=b.ex_JlernandQz_
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/ City Clerk
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The foregoing resolution is hereby approved this
66lay
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of _..f.ebruary
, 1984.
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Approved as to form:
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/ cd!!; Apte:.~
City ttorney
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A G R E E MEN T
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(maintenance service)
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THIS AGREEMENT is made and entered into this ~o2C~ day of
'''--.{).,~'' , 1985, by and between the CITY OF SAN
BERNARDINO, /I munIcIpal corporation, referred to as "City", and
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RELIABLE ELEVATOR CO., referred to as "Company".
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The parties agree as follows:
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1. Services for Elevators.
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A. Company agrees to furnish City full maintenance
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Type
Make
Job or I.D.# Landing & Opening~
QJantity
GeHed Pass 3
Hydro Frt 1
Hydro Pass 1
Hydro Elec. Plunger 1
Hydro Elec. Plunger 1
364-3252/54
364-3255
36067
36060
8 - 8 in line
2 - 2 in line
5 - 5 in line
2 - 2 in line
2 - 2 in line
U.S. Elevator
U.S. Elevator
Oliver & Williams
fultganery
Ibntganery
B. Company shall furnish the following work and
17 materials on the above referenced elevators:
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(1) Periodically provide such full maintenance
19 service as is necessary to maintain said elevators in good
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20 working condition.
(2) When conditions warrant, Company shall
22 adjust, repair or replace machine, motor, generator and
23 controller parts including generator, worms, gears, thrusts,
24 bearings, brake magnet coils, brake shoes, brushes, windings,
25 commutators, armatures, coils, contacts, resistance units, magnet
26 frames, sheaves, shafts, bearings, solid state components, and
27 other parts as needed.
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(3) When necessary, repair or renew car guide
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shoes, counterweight guide shoes, and gibs; adjust or replace
belts, and, when necessary, equalize the tension on all hoisting
ropes; when necessary renew all wire rope cables and repair
conductor trail cables; replace fuses, repair wiring for shaftway
door interlocks, push buttons, car operating stations; repair or
replace renewal parts of the automatic car door operator and
other accessory equipment; replace indicator bulbs in the
operating panels and indicators during periodic servicing or as
needed.
(4) Company shall within four (4) weeks of award
of contract, at its own expense maintain at a minimum the
following inventory of parts on the job site, verifiable by the
City.
(a) Three (3) generator field control II
(GFC II) units.
(b) Two (2) light emitting diode leveling
vanes.
(c) Three (3) W.E.S.S. (World Electronics
Sales & Service) Solid State Leveling P.C. Boards.
(d) Three (3) W.E.S.S. Solid State Stepper
P.C. Boards.
(e) Three (3) W.E.S.S. Solid State Door
Operator P.C. Boards.
(f) Six (6) Light Emitting Diode leveling
Pods.
(g) Two (2) G.A.L. Safety Edges.
(h) One (1) G.A.L. Master Door Operator
Motor.
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1 (i) Fifteen (15) G.A.L. Door Rollers.
2 (j) Twenty-five (25) G.A.L. Pick-Up Rollers.
3 (k) Twelve (12) U.S. Square, Black Bezeled
4 Push Button Housings.
5 Repairs or renewals necessitated by ordinary wear and tear
6 only shall apply only to this contract, and the Company shall not
7 be required to make adjustments, repairs or renewals necessitated
8 by reason of negligence on the part of others or misuse of said
9 equipment. Company shall not be required to make capacity or
10 safety tests or to install new attachments on the elevator
11 whether or not recommended or directed by insurance companies or
12 by governmental authorities, or to make any replacements with
13 parts of a different design.
14 The repair, refinishing or replacement of any of the
15 following is not included in this agreement: car lighting
16 fixtures, tubes and ballasts, car and hoistway enclosures, car
17 and hoistway door panels, frames and sills, rams and cylinders,
18 undergound pipe or conduit, power switches or fuses for same, and
19 power wiring to the controller.
20 Should City request Company to correct trouble which
21 develops with the elevator equipment between regular routine
22 examinations, the Company will absorb the cost of all labor
23 expended at, and in traveling to or from the job site in
24 performing the corrective work, except premium on overtime which
25 City shall pay in the event City requests service outside of the
26 regular workday hours of the City. The premium on overtime hours
27 worked and traveled will be billed at Company's standard billing
28 rates and City agrees to pay the resultant charges in addition to
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1 the compenGfltion stipulat.ed herein~ Such trouble-call answering
2 service '"i 11 be provided on these terms on 8. ;2t~ -hour, 7-daY>leek
3 basis, and the ComparlY guarantees a cns-half hour or less
4 response time on a trouble call.
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C. Company ,shall perform "no load ,safety" tests on each.
6 elevator on an annual b.3.r:;is..
7 ? Servi.ces for Escalators..
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A. Company agrees to furnish City full maintenance
9 servl,>'? on two en Nontgomery escalators locat.ed at Central City
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II Mall, San
Il.
Company shall furnish the following work and
Bern2.rCl :Lno,
California.
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mat.erial:
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(1) Periodically provide such full maintenance
14 service as is necessary to maintain said escalators in good
15 T;lorkJ.np; condition..
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(2) Hhen conditions "'arrant, Company shall
17 adjust, repair or replace machine, motor and controller parts
18 including worms, gears, thrusts, bearing8~ hrake magnet coils,
19 brake shoes, brl1shes, windirlgs, commutators, armatures, coils,
20 contacts, resistance units, magnet frames, slleaves, shafts,
21 bee.ri.ngc, solid state ccmponent.s ani! other DBTts H~ neederl.o
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(.'3) Hh.en necessary, repair- or reneTj! guide
23 rollers, adjust or replace elv:'}).ns flIV1 equalize the tension; \-.Then
24 necessary replace flJSeS, repair wiring for shaftway, opernting
25 stations~ rsp~ir or renAW parts of otller ac~essory eqlli,pm~nt, and
26 perform oth.er reln.ted. rP-DaJ..r \'1ork 8.S needed 0
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(4) Compeny will also repair, and, if in
28 Company I s jlld3C!ent j. t is neee~GB.ry, Company shall replace
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handrail_R, comb plates, threads and risers~
<-5) Company shall perform ilannu.,al maintenance and
overhaul" as is standnrd in t.he industry.. Such service shall be
performed by one mechanic and one helper (1 team) under the
supervision of the Public nuildings Superintendent or his or her
desj.gnated representRtive..
(6) Company shall within four (4) weeks OT award
of contract at its O~Jn expense maintain at a minimum the
following inventory of parta on the job site verifiable bv the
City.
(a) Two (7) comb plates, one eecch for the up
and dm"n eBcalators.
(b) Necessary fuses and/or switches.
Repairs or renewals necessitated by ordinary wear and tear
only shall apply, and the Company shall not be required to make
adjl1stments, repairs or renewals necessitated by reason of
negligence on the part of others or miSllse of the eq\lipment~
Company shall not be reauired to make capacity or safety tests
or to install ne',T attachment.s on the escalator ','lhether or not
recommended or directed by insurance companies or by governmental
authorit.:tes or t.o malr.e any replacer.1ents ';;'lith p8.rts of {} dlfferr-,;nt
(ie~ign. Also excluded f~om this agreement are all lights located
within the bal'lstrodes and escalators~
The rep;d.r, refinish:Lng or repl.:::!cefl1ent of t.he follOTr:inp: e.re
not includ.ed .in this agr'2ement b lighting fixtures, hoist.Vlay
enclosures, hoistway door panels, frames, power switch~s or fuses
for same, power wiring for controller, balustrades Bnd escalator
fre,me.
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Should City request Company to correct trouble which
develops v!ith the enealator eQ1Jlpment between regular routine
examinations, tlle COlnpany will absorb the labor expended at~ and
4 in traveling to or from the jobsite in performing the corrective
5 work, except premium on overtime which City shall pay in the
6 event City reql!ests sprvice clJtside of tt!e regl!lar workday hour~
7 or c:t ty.. 'The prelJ.1ium on overtime 'hours ~rorked and tr[{v~ led \'Ji 11
8 be hillerl at company~s ntandard },illing rates, and City a~rees to
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I pay the res1lltant charges i.n addition to compensation Rtipulated.
I Such trouble-call answering service will be provided on these
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i terms on a ?h-hour ~ 7~dJ!.Y w~eek basis, and Company guarantees a
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12 one-half hour or less response time on a troul11e call~
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3. Conditions. Nothing shall he construed to mean that the
14 Company Rssumes any liability on account of accidents to persons
15 or property except those directly and solely due to neglj.gent
16 ac. tn of the Company ,or j~ t.semployees" 'it[tlen not ''',Torking in.,
17 pbou t., 01" on th.e said equipmen. t, the Company does not ,~.s~llme the
18 management or control th,ereof" A.,t any tir.v:::: the Cornp3.ny: ~ nerVl.ce
19 repr?selltativp is servi_cirlg tIle eq11ipment, the Company i.8
20 asserting possessioIl and control only over the ;;pecific component
21 bAing nervi.ceo. at any gi",en moment, and ponsession and. control of
22 the remainder of the equinment shall remaj.n with the City.
23 I Comp:.:iJl'}T shall hold. Cit.~V':: its e.lective and appointive boardr:,
24 commissions, offi,cers, agents and employees, harmless from any
25 liability for damage or claimB for damage for pr-::rsonal injnry,
26 inc 1 url ing df~n.th, af:, >;'-7el1 an froGl C 1aim3 :~o:t property da.mag8 ltThich
27 may :J.I'i.se from Company I s performance and operations.. Comneoy
28 shall defend City and its elective and 2.ppoi.ntlv,e hoards,
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commissions, officers, agents and employees from any suits or
actions at 1m" or in equity for damages caused, or alleged to
have been caused, by reason of any of the aforesaid operations.
The Company shall, at its own expense, during the term of
the agreement, maintain public liability insurance in the amount
of $250,000 for injury or death of anyone person subject to the
limit of $500,000 for anyone accident, and property damage
insurance in the amount of not less than $100,000.
Policies or certificates evidencing the above required
coverage shall be filed with the City and shall include the City
as an additional insured.
The Company shall not be held responsible or liable for any
loss, damage, detention, or delay caused by accidents, 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 no event shall Company be
liable for consequential damages. City agrees that Company, in
performing work shall be bestowing its skill and services
necessary for the construction and for proper maintenance of the
construction of the aforesaid equipment at the jobsite.
The City agrees to keep the elevator pit(s) and motor
room(s) free from water and rubbish; to give the Company written
notice within twenty-four (24) hours of any accident, alteration
or change affecting the equipment of which City has knowledge, to
discontinue the equipment from service immediately when it
becomes unsafe or operates in a manner which might cause injury
to a user thereof; and to maintain surveillance of the equipment
for such purposes.
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In the event of suit by the Company or City under the
2 agreement or damages for its breach, the prevailing party shall
3 be entitled to recover as part of the judgment in any such action
4 reasonable attorneys' fees and costs of suit.
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4. Term. This agreement shall commence on January 1, 1985,
6 and continue thereafter for a term of five (5) years; provided,
7 however, this agreement shall automatically terminate at the end
8 of any City fiscal year in the event the Mayor and Common Council
9 of City fail to allocate funds for the purpose of this agreement.
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5. Compensation. The maximum monthly price for the
11 services stated herein shall be as set forth below for each year
12 of the contract. Monthly payments shall be made within thirty
13 days of receipt of invoice.
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First Year = $1575.00
Fourth Year = $1910.09
Fifth Year = $2101.10
Second Year = $1653.75
16 Third Year = $1736.1+4
17 It is understood that the actual adjustment for the second,
18 third, fourth and fifth years is to be based on percentage
19 changes in material and labor costs, or the adjustment ceiling
20 listed above, whichever figure is less.
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6. ~ssignment and Delegation. Neither party hereto shall
22 have the right to assign or delegate thts contract without pri,or
23 written consent of the other party, and any assignment or
24 delegation made without such written consent shall be void and of
25 no effect.
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7. Severability. If any provision of this agreement is for
27 any reason held to be invalid or unconstitutional by the decision
28 of any court of competent jurisdiction, such decision shall not
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affect the validity of the remaining portions of said agreement.
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Time of Essence.
Time is of the essence of this
agreemente
9. Entire Agreement~ Specification No. F-84-38 is hereby
incorporated by reference into this agreement as though set forth
at full. This agreement, including the specifications
incorporated by reference, constitutes the entire agreement
between the parties hereto and supersedes any prior negotiations
and understandings between the parties.
10. Termination. Should Company fail to comply with any
term, condition or provision of this agreement, City may
terminate the agreement by giving ten days' written notice to
13 Company. Upon such termination, City shall be under no further
14 obligation to Company. Should City fail to comply with any term,
15 condition or provision of this agreement, Company may terminate
16 this agreement by giving ten days' written notice to City. Upon
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City.
Other than as described above, this agreement may be
amended, modified or terminated only by written agreement signed
by both parties and failure on the part of either party to
I enforce any provision of this agreement shall not be construed as
a waiver of the right to compel enforcement of such provision or
provisionSe
11.
Notices.
Any notices required hereunder other than
trouble call requests which may be made by telephone shall be in
writing and delivered in person or sent by certified mail,
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postage prepaid, addressed as follows:
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CITY
COMPANY
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City Clerk
300 North "D" Street
San Bernardino, CA 92418
Reliable Elevator Co.
13215 E. Penn Street
Suite 630
ffilittier, CA 90602
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IN WITNESS WHEREOF, the parties hereto have subscribed their
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names the day and year first herein above written.
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ATTEST:
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B
~4tff~~
e1 ty eL'
RELIABLE ELEVATOR CO.
By
Title
Approved as to form:
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Ci ty . A torne~ ~/
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