HomeMy WebLinkAbout19-City Attorney
o 0
CITY OF SAN BERNARDINO -
o 0
REQUEST FOR COUNCIL ACTION
From: Ralph H. Prince
Subject: Reliable Elevator Company
Contract
Dept: City Attorney
Da~: February 8, 1985
Synopsis of Previous Council action:
At the January 21, 1985 Council meeting, the Mayor and Common Council
directed that the Purchasing Agent negotiate an appropriate
maintenance contract for Council approval.
Recommended motion:
Adopt resolution.
/J?~0 ){//2~)~
'-J Signature
Contact person:
Dean Meech
Phone:
5085
FUNDING REQUIREMENTS:
Previously approved
Amount:
Ward: N/A
for 1/21/85 meeting
Source :
Supporting data attached:
Yes
Finance:
Council No~s:
Ani,",!. I.pm Nn I ~
o 0
CITY OF SAN BLrtNARDINO
o
o
M...MORANDUM
'_.~
-
Subject
Elevator Maintenance Service Contract
From Dean R. f1eech
Purchasing Agent
Dale February 4, 1985
To
Mayor - W.R. "Bob" Ilol~omb
Approved
Dale
At the Council meetin9 of
directed to negotiate the
a sole source basis.
January 21, 1985 the Purchasing Agent was
elevutor maintenance service contract on
On Januury 25, 1985 a negotiution was entered into with Reliable Ele-
vator Corp.. The position of Reliable Elevator Corp. at the onset
of the negotiation was to seek re-establishment of the price of $1,795.00
per month offered on the Did: F-1.l4-4 - June 11, 1934. Reliable [le-
vator Corp. sought to retrench to the $1,795.00 price for services
as the second Bid: F-U4-3U - Dec. 10, 1984 at $1.575.00 per month
was rejected by Council January 21. 1985.
The negotiation went favorably toward City needs. The $1,575.00 per
month price was held. In addition to holding the lower offered price,
additional elements were gained. A no load safety test, once a year
per year of contract was included. At the present time this is a
strict L.A. City requirement that is gaining attention throughout So.
California. The cost of this service is $296.00 per elevator. A
$880.00 gain to contract the first year. The second. third, fourth
and fifth year gain including the maximum escalation allowed in the
contract amounts to a gross total of $2,789.00. This additional ser-
vice is at no additional cost to the City.
A change in response Vi me to trouble was also changed to fa VOl' the
Cities interest. The one hour response was changed to one-half hour.
There is iln
vator. The
six months.
meeting the
industry standilrd of 1.2 trouble calls per month per ele-
City trouble cilll service record is three cillls the last
The contra~tors overall performance to date has reflected
Cities obje~tives.
'.
In view of the above. the Purchasing Agent feels il co-operative negot-
ation was entered into lly lloth parties. To pursue further gains on
this particular contract would. in the Purchasing Agent's estimate.
result in degradation of service required by vendor and defeat the
Cities purpose.
t
The Purchasing Agent recollullends enLering contract with Reliallle Ele-
vaLor Corp. as the tenls now stand.
Respectfully, .
<< !i&,,~
Dean R. ~leech
Purchasing Agent
o
..
o
o
o
I
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH RELIABLE ELEVATOR CO. RELATING TO
ELEVATOR AND ESCALATOR MAINTENANCE SERVICE.
3
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
5
6
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
14
15
Bernardino at a
meeting thereof, held on
, 1984, by the following vote,
day of
the
16 to wit:
17
AYES:
Council Members
18
19
NAYS:
20
ABSENT:
21
22
City Clerk
23
The foregoing resolution is hereby approved this
day
24
25
26
of
, 1984.
Mayor of the Clty of San Bernardlno
27
Approved as to form:
~~~H9
28
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
..
o
o
o
A G R E E MEN T
(maintenance service)
THIS AGREEMENT is made and entered into this
day of
, 1985, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City", and
RELIABLE ELEVATOR CO., referred to as "Company".
The parties agree as follows:
1. Services for Elevators.
A. Company agrees to furnish City full maintenance
service on the following listed City elevators:
1)rpe
Q.1antity
3
1
1
Plunger 1
Plunger 1
Make
Job or 1.0.# Landing & ~ening
GeHed Pass
Hydro Frt
Hydro Pass
Hydro Elec.
Hydro Elec.
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
M:lntganery
l-bntganery
B. Company shall furnish the following work and
materials on the above referenced elevators:
(1) Periodically provide such full maintenance
service as is necessary to maintain said elevators in good
working condition.
(2) When conditions warrant, Company shall
adjust, repair or replace machine, motor, generator and
controller parts including generator, worms, gears, 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 car guide
t'IX"""T Ii
1-1 0._. '-'\
0
1
2
3
4
5
6
I 7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
o
shoes, counterweight guide shoes, and gibsj adjust or replace
belts, and, when necessary, equalize the tension on all hoisting
ropeSj when necessary renew all wire rope cables and repair
conductor trail cables; replace fuses, repair wiring for shaftway
door interlocks, push buttons, car operating stationsj 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.
2
Q
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
n
23
24
25
26
27
28
..
o
o
o
(i) Fifteen (15) G.A.L. Door Rollers.
(j) Twenty-five (25) G.A.L. Pick-Up Rollers.
(k) Twelve (12) U.S. Square, Black Bezeled
Push Button Housings.
Repairs or renewals necessitated by ordinary wear and tear
only shall apply only 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 said
equipment. Company shall not be required to make capacity or
safety tests or to install new attachments on the elevator
whether or not recommended or directed by insurance companies or
by governmental authorities, or to make any replacements with
parts of a different design.
The repair, refinishing or replacement of any of the
following is not included in this agreement: car lighting
fixtures, tubes and ballasts, car and hoistway enclosures, car
and hoistway door panels, frames and sills, rams and cylinders,
undergound pipe or conduit, power switches or fuses for same, and
power wiring to the controller.
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 the 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
3
Q
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I'
000
thp. compenn:tion stipulated h~rei.n. ~llch troublp-cp,ll cflcwerinr,
~ervice will bp provided on these t~rm~ O~ D ~~-hour, 7-day week
hp.~is, and the Company g,uarc.ntees a on~-IH:-:lf hour. or lesE
response time on a trollble c3ll.
C. Company she.ll perform "no 108.d safet.y" tests on ear.h
elevator on an anmlAI hasis.
7. Servir.es for Escalators.
A. Company agrees to furnish Cit.y full maintenance
servi.ce on two (?) Montgomery escalators located at Central City
Mall, San Bernardino, California.
B. Company shall furnish the follO\~ing work and
material:
(l) Periodically provide such full maintenance
service as is necessary to maintain said escalators in good
workin~, condition.
(?) When connit.ions warrant., Company shall
adjust, repair or replace machine, motor and controller parts
including worms, ge8rB, thru~ts, bearingc, brake magnet coile,
brake shoes, brushes, windings, commutators, armatures, coils,
contacts, resistance unitn, magnet frames, sheaves, shaft~,
bearings, Dolid state components and other parts as needed.
(:3) \^1hen nece,ssary, repa.ir or r ene'AT guj.de
rollers, adjllfit or replace chains and equali.ze the tension; when
necessary replace fuses, repair wiring fer shaftway, operating
stations, re~.ir or renew perts of other ac~essory equipm~nt, Bod
perform other relAted renair work 8~ needed.
(~) Company will also repair, and, i.f in
Cornp8ny's judgQent it in neceoDory, CompAny shall replace
l:.
()
I
2
3
4
5
6
, 7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
o
o
o
hAnn.r'cfl~, r.omb plntes, t.hr~2:rl.':; end rir:ers..
(5) ComlJany :;hall peri0rm "annual mai.ntenanc!' and
overhaul" ilG I [., standard i.n the indust.ry. Such service shall be
performed by one mechanic and one helper (1 U~am) under the
superviflion of the Public T\nilding::1 Superint.F'ndent or his or her
designated repro.sent.ative.
(6) Company shall within fOllr (4) \lp.eks of a\'arrl
of contract at its 0\1n expen!'le maintain at. a. minimum the.
following inventory of pArts on the job cite verifiable bv the
City.
(a) Two (7) comb plates, one e",.ch for the up
and down escalators.
(h) 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
adjustments, repairs or renewals necessitated by rea!'lon of
negligence on the part of others or misuse of the equipment.
Company shall not. be reouired to make capacity or safety testr.
or to install nF'W attachments on the escalator whether or not
recommended or directed by insurance companies or by governmental
aut.horitj,es or to mal',e any replacer.Jents \lith pllrtll of l! differF'nt
design. Also excluded from this aereement are all lights located
within the balustrades and escalators.
Th . .e" 1 . 1 t f th - 11 .
. e repa~r, reLlnlsllng or rep acemen 0., e [0 oWlng are
not included in this agreement: lighting fixtures, hoistwav
enclosures, hoistway door panels, frames, power switchp.s or fuses
for same, power wiring for controller, b~lu~trader, and escalator
frame.
C
J
0
I
2
3
4
5
6
. 7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
o
Should City requer;t Company to correct trouU e which
develops 'f!itn t.lle e:~ealat.o'! €Quipr.1f='nt hetween regular r.'Ollt::i.nf:
p.YDr.1ination.:, the COI'1!)flny \':i11 ah~c:OI-h th~ labor ~x!'lp.nded at, a.nd
in trRvelin~ to or from the jobsit... in performing the corrective
worL, except premium on overtime whi-:h City shal.1 pay in the
event City reque8ts service outside of the re~ular workday h~DrR
of City. The premium on overt.ime hours ",orked and tnlV<>.led "rill
be hillerl at company's ~tandard billing rates, end City agrees to
pay t.he res111tant char'ges in adcli tion to compensati.on ,~tipulated.
Such trouble-call answering service will be provided on these
terms on a ?t.-hour, 7-081 week basis, and Company guarantees a
one-half hour or less response time on a trouhle call.
3. Conditions. Nothing shall be constnH'!d to mean that the
Company Rssumes any liability on account of accidents to persons
or property except tho~e directly and solely due to negligent
acts of the Company or its employees. When not working in,
e.bout, or on the said equipment, the Company doe.f.1 not as:<lllme the
management or control thereof. At any time the Company's :<lervlce
representative. is servicing the equipment, the Company is
asserting pOGsession and control only over the 3pecific component
being ~erviced at any given moment, and possession and control of
the remainder of the equipment sh~ll remain with the City.
Compl3ny shall hold C:it~', itr, elect.ive and appointive boards,
commissions, officers, agents and e~ployees, harmless from any
liabilit.y for damage or claims for d:Jmage for personal inj'Jry,
i.ncl1HHng denth, a:" Fell as from claims for property damagp. which
may ari se frorr. Company' s performance and operations. Comnl.>.ny
shall defend City and it~ elective and appointive boards,
5
0
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
o
commissions, officers, agents and employees from any suits or
actions at law 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 pitCs) and motor
roomCs) 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.
7
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
o
In the event of suit by th~ Company or City under the
agreement or damages for its breach, the pr~vailing party shall
be entitled to recover as part of the judgment in any such action
reasonable attorneys' fees and costs of suit.
4. Term. This agreement shall commence on January 1, 1985,
and continue thereafter for a term of five (5) yearSj provided,
however, this agreement shall automatically terminate at the end
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. The maximum monthly price for the
services stated herein shall be as set forth below for each year
of the contract. Monthly payments shall be made within thirty
days of receipt of invoice.
First Year = $1575.00
Second Year = $1653.75
Third Year = $1736.44
Fourth Year = $1910.09
Fifth Year = $2101.10
It is understood that the actual adjustment for the second,
third, fourth and fifth years is to be based on percentage
changes in material and labor costs, or the adjustment ceiling
listed above, whichever figure is less.
6. Assignment and Delegation. Neither party hereto shall
have the right to assign or delegate this contract without prior
written consent of the other party, and any assignment or
delegation made without such written consent shall be void and of
no effect.
7. Severability. If any provision of this agreement is for
any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not
8
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1,1.
o
o
o
affect thp validity of the remaining portions of maid agreement.
B. Time of Essence. Time is of the essence of this
agreement.
9. Entire Agreement. Specification No. F-84-38 is hereby
incorporated by reference into this agreement as t.hough 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
Company. Upon such terminat.ion, City shall be under no further
obligation to Company. Should City fail to comply with any term,
condi tion or provisi.on of this agreement, Company may terminate
this agreement by giving ten days' written notice to City. Upon
such termination, Company shall be under no further obligation to
City.
Other than as described above, this agreement may be
amended, modified or terminated only by written agreement signed
hy both parties and failure on the part of either party to
enforce any provision of this agreement shall not be construed as
a waiver of the ri.ght to compel enforcement of such provision or
provisions.
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,
/ / /
/ / /
9
,
Q
1
2
3
4
5
6
. 7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"
o
o
o
postage prepaid, address~d as follows:
CITY
COMPANY
Reliable Elevator Co.
13215 E. Penn Street
Suite 630
~littier, CA 90602
IN WITNESS WHEREOF, the parties hereto have subscribed their
Ci ty C1 erk
300 North "D" Street
San Bernardino, CA 92418
names the day and year first herein above written.
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
Ci ty Clerk
RELIABLE ELEVATOR CO.
By
l~J
Title
Approved as to form:
~~-
ltY.A torney ~/
10