HomeMy WebLinkAbout1981-016 Authorizing Execution of Agreemt w Untied States Elevator Corp re Maintenance Service ContractG
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH UNITED STATES ELEVATOR CORPORATION
RELATING TO A MAINTENANCE SERVICE CONTRACT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
8 agreement with United States Elevator Corporation relating to a
9 maintenance service contract, 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
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fjadopted by the Mayor and Common Council of the City of San
Bernardino at ar: meeting thereof, held
on the day of /! , 1981, by the following
vote, to wit: �/ Y
AYES:
NAYS:
ABSENT:
City Clerk
.`Thy foregoing resolution is hereby app ved t day
of 1981.
May of Yh6 ty of Sa ernardino
Approved as to form:
xitv�001 A41
�.yrd
City torney
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A G R E E M E N T
(maintenance service)
r� ^HIS AGREEMENT is made and entered into this day of
{
1981, by and between the CITY OF SAN BERNARDINO,
a mLuiicipcA corporation, referred to as "City", and UNITED STATES
ELEVATOR CORPORATION, referred to as "Company".
The parties agree as follows:
1. Services for Elevators.
(a) Company agrees to furnish to City full maintenance
service on the following listed City elevators:
Te Quantity Make Job or I.D. Landing & Openings
Geared Pass
3
U.S. Elevator
364-3252/54
8 -
8
in
line
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Hydro Frt
1
U.S. Elevator
364-3255
2 -
2
in
line
Hydro Frt
1
U.S. Elevator
364-3256
3 -
2
in
line, 1 rev.
14
Hydro Pass
1
Oliver & Williams
5 -
5
in
line
Hydro Elec.
15
Plunger
1
Montgomery
36067
2 -
2
in
line
Hydro Elec.
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Plunger
1
Montgomery
36060
2 -
2
in
line
17 (b) Company shall furnish the following work and
18 materials on the above referenced elevators:
19 (1) Periodically provide U.S. Elevator full
20 maintenance service as is necessary to
21 maintain said elevators in good working
22 condition;
23 (2) When conditions warrant, Company shall adjust,
24 repair or replace machine, motor, generator
25 and controller parts including generator,
26 worms, gears, thrusts, bearings, brake magnet
27 coils, brake shoes, brushes, windings,
28 commutators, armatures, coils, contacts,
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resistance units, magnet frames, sheaves,
shafts, bearings, solid state components, and other parts as
needed;
4 (3) When necessary, repair or renew car guide
5 shoes, counterweight guide shoes, and gibs;
6 adjust or replace belts, and, when necessary,
7 equalize the tension on all hoisting ropes;
8 when necessary, renew all wire rope cables and
9 repair conductor trail cables; replace fuses;
10 repair wiring for shaftway door interlocks,
11 push buttons, car operating stations; repair
12 or replace renewal parts of the automatic car
13 door operator and other accessory equipment.
14 Replace indicator bulbs in operating panels
15 and indicators during periodic servicing or as
16 needed.
17 Repairs or renewals necessitated by ordinary wear and tear
18 only shall apply to this contract, and the Company shall not be
19 required to make adjustments, repairs or renewals necessitated by
20 reason of negligence on the part of others or misuse of said
21 equipment. Company shall not be required to make capacity or
22 safety tests nor to install new attachments on the elevator
23 whether or not recommended or directed by insurance companies or
24 by governmental authorities, nor to make any replacements with
25 parts of a different design.
26 The repair, refinishing or replacement of the following are
27 not included in this agreement: car lighting fixtures, tubes and
28 ballasts; car and hoistway enclosures; car and hoistway door
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panels, frames and sills; rams and cylinders; underground pipe or
conduit; power switches or fuses for same; and power wiring to the
controller.
(c) Should City request Company to correct trouble which
develops with the elevator equipment between regular routine
examinations, the Company will absorb the cost of all labor
expended at, and in traveling to or from the job site in
performing the corrective work, except premium on overtime which
City shall pay in the event City requests service outside of the
regular workday hours of City. The premium on overtime hours
,,worked and traveled will be billed at Company's standard billing
rates and City agrees to pay the resultant charges in addition to
the compensation stipulated herein. Such trouble -call answering
service will be provided on these terms on a 24-hour, 7-day week
(basis.
2. Services for Escalators.
(a) Company agrees to furnish to City full maintenance
service on two (2) Montgomery escalators located at Central City
Mall, San Bernardino, California.
(b) Company shall furnish the following work and
material under this agreement:
(1) Periodically provide U.S. Elevator full
maintenance service as is necessary to
maintain said escalators in good working
condition;
(2) When conditions warrant, Company shall adjust,
repair or replace machine, motor and
controller parts including worms, gears,
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thrusts, bearings, brake magnet coils, brake
shoes, brushes, windings, commutators,
armatures, coils, contacts, resistance units,
magnet frames, sheaves, shafts, bearings,
solid state components and other parts as
needed.
(3) When necessary, repair or renew guide rollers;
adjust or replace chains and when necessary
equalize the tension; when necessary, replace
fuses; repair wiring for shaftway, operating
stations; repair or renew parts of other
accessory equipment; and perform other related
repair work as needed;
(4) Company will also repair, and, if in Company's'
judgment it is necessary, Company shall
replace handrails, comb plates, stop plates,
treads and risers.
(5) Company shall perform "annual maintenance and
overhaul" as is standard in the industry.
Such service to be provided by one mechanic
and one helper (1 team) under the supervision
of the Public Buildings Superintendent or his
designated representative.
Repairs or renewals 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 or misuse of the
equipment. Company shall not be required to make capacity or
t safety tests nor to install new attachments on the escalator
2 whether or not recommended or directed by insurance companies or
3 by governmental authorities nor to make any replacements with
4 parts of a different design. Also excluded from this agreement
5 are all lights located within the balustrades and escalators.
6 The repair, refinishing or replacement of the following are
7 not included in this agreement: lighting fixtures, hoistway
8 enclosures; hoistway door panels, frames; power switches or fuses
9 for same, power wiring for controller, balustrades and escalator
10 frame.
11 (c) Should City request Company to correct trouble which
12 develops with the escalator equipment between regular routine
13 examinations, the Company will absorb the labor expended at, and
14 in traveling to or from the job site in performing the corrective
15 work, except premium on overtime which City shall pay in the event
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City requests service outside of the
regular workday hours of
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City. The premium on overtime hours
worked and traveled will be
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billed at Company's standard billing
rates and City agrees to pay
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the resultant charges in addition to
the compensation stipulated
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herein. Such trouble -call answering
service will be provided on
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these terms on a 24-hour, 7-day week
basis.
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3. Conditions. Nothing in this
agreement shall be construed
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to mean that the Company assumes any
liability on account of
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accidents to persons or property except those directly and solely
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due to negligent acts of the Company
or its employees. It is
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agreed that, when not working in, about, or on the said equipment,
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the Company does not assume the management or control thereof. At
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any time the Company's serviceman is
servicing the equipment, the
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I Company is asserting possession and control only over the specific
2 component being serviced at any given moment, and possession and
3 control of the remainder of the equipment shall remain with the
4 City. Company hereby agrees to and shall hold City, its elective
5 and appointive boards, commissions, officers, agents and
6 employees, harmless from any liability for damage or claims for
7 damage for personal injury, including death, as well as from
8 claims for property damage which may arise from Company's
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9 performance and operations under this agreement. Company agrees
10 to, and shall, defend City and its elective and appointive boards,
11 commissions, officers, agents and employees from any suits or
12 actions at law or in equity for damages caused, or alleged to have
13 been caused, by reason of any of the aforesaid operations.
14 The Company shall, at its own expense, during the term of
15 this agreement, maintain public liability insurance in the amount
16 of $250,000 for injury or death to any one person subject to the
17 limit of $500,000 for any one accident, and property damage
18 insurance in an amount not less than $100,000.
19 Policies or certificates evidencing the above required
20 coverage shall be filed with the City's Risk Management Division
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and shall include the City as an additional insured.
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The Company shall not be held
responsible or liable for any
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,loss, damage, detention,
or delay
caused by accidents, strikes,
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lockouts, fire, floods,
acts of civil or military authorities, or
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by insurrection or riot,
or by any
other cause which is
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unavoidable or beyond its
control.
In no event shall Company be
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liable for consequential
damages.
City agrees that Company, in
28 Ilperforming work under this contract, shall be bestowing its skill
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it
land services necessary for the construction and for proper
(maintenance of the construction of the aforesaid equipment at the
Ijob site.
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 immediately the equipment from service 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
11 'purposes.
12 In the event of suit by the Company or City under this
13 contract or damages for its breach, the prevailing party shall be
14 entitled to recover as part of the judgment in any such action
15 reasonable attorneys' fees and costs of suit.
16 11 4. Term. This agreement shall commence on January 1, 1981,
17 Iland continue thereafter for a term of five (5) years. Provided,
18 "however, this agreement shall automatically terminate at the end
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of any City fiscal year in the event the Mayor and Common Council
of City fail to allocate funds for the purpose of this agreement.
5. Compensation. For the first and second years the price
for the service as stated herein shall be FOURTEEN HUNDRED FORTY
SIX DOLLARS ($1446.00) per month, payable monthly within thirty
(30) days of receipt of invoice.
The price set forth above shall be adjusted at the end of the
second year this agreement is in effect to compensate for changes
in the cost of labor and material. The price as adjusted shall be
effective for the following year. Adjustments shall be made on
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Ithe following basis:
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2 (a) Twenty-five percent (25%) of the contract price
3 shall be increased or decreased by the percentage of increase or
4 decrease shown by the index of "wholesale Commodity Prices for
5 Metals and Metal Products" published by the U.S. Department of
6 Labor, Bureau of Statistics, for the month within which the yearly
7 adjustment date falls. Seventy-five percent (75%) of the contract
8 price shall be increased or decreased by the percentage of increase
9 and decrease in the straight time hourly rate for elevator
10 mechanics, in the locality where the equipment is to be maintained
11 on the yearly adjustment date.
12 (b) For the purpose of this agreement and subsequent
13 adjustments, the straight time hourly rate for elevator mechanics,
14 shall equal the actual hourly rate paid to the elevator mechanics
15 plus the fringe benefits granted in lieu of, or in addition to,
16 hourly rate increases. Fringe benefits include, but are not
17 limited to, pensions, vacations, paid holidays, group life
18 insurance, sickness and accident insurance and hospitalization
19 insurance.
20 (c) Provided, however, that in no event shall the
21 monthly compensation be inceased by more than ten percent (10%)
22 for the third year, ten percent (10%) for the fourth year, and ten
23 percent (10%) for the fifth year.
24 6. Assignment. Neither party hereto shall have the right to
25 assign this contract without prior written consent of the other
26 party and any assignment made without such written consent shall
27 be void.
28 7. Severabilit . If any provision or provisions of this
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agreement are for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of said agreement.
8. Entire Agreement. This agreement constitutes the entire
agreement between the parties hereto and supersedes any prior
negotiations and understandings between the parties.
9. Notices. Any notices required hereunder other than
trouble -call requests which may be by telephone shall be in
writing and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
City Clerk United States Elevator Corporation
300 North "D" Street 7711 Paramount Boulevard
San Bernardino, CA 92418 Pico Rivera, CA 90660
IN WITNESS WHEREOF, the parties hereto have subscribed their
15 names the day and year first hereinabove written.
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ATTEST:
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City Clerk
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23 Approved as to form:
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City At orney
CITY OF SAN BERN
UNITED STN.TES ELEVATOR CORPORATION
By r
Title
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