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HomeMy WebLinkAboutKONE Inc; 2007-04-20; PWGS332ASSIGNMENT AND ASSUMPTION AGREEMENT FOR PWGS 332, ELEVATOR MAINTENANCE SERVICES THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Assignment Agreement") is made and entered into this tf^J day of Lj£X 2010, by and between the CITY OF CARLSBAD, a political subdivision of the State of California ('City'), Omega Elevator Corporation, a California Corporation, ("Assignor") and KONE Inc, a Delaware Corporation, a ('Assignee"), and is made with reference to the following facts: RECITALS A. On April 20, 2007, the City and Assignor entered into that certain Professional Services Agreement concerning PWGS332 Elevator Maintenance Services, (the "Agreement"). B. Paragraph 26 of the Agreement allows Assignor to assign rights and obligations under the Agreement upon written approval of the City C Assignor desires to assign its interest in the Agreement to Assignee. Further, Assignee desires to accept assignment of Assignor's interest in the Agreement and City consents to the assignment of the interest in the Agreement from Assignor to Assignee. NOW THEREFORE, incorporating the above recitals and in consideration of the covenants and obligations set forth herein, the parties hereto agree as follows: 1. Assignment Assignor hereby assigns to Assignee all of Assignor's rights and obligations as set forth in the Agreement. 2. Assumption. Assignee hereby assumes all of Assignor's rights and obligations as set forth in the Agreement 3. CiSy_Cjgn§e_nt. City hereby agrees and consents to the assignment of all of Assignor's rights and obligations as set forth in the Agreement to Assignee, 4. General Terms and Conditions. The following general terms and conditions shalt apply to this Assignment Agreement 4.1 Hold Harmless. In addition to the hold harmless provisions contained within the Agreement, Assignee agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of this Assignment Agreement caused by the willful misconduct, or negligent act, or omission of the Assignee. 42 Counterparts This Assignment Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 43. Successors and Assigns. It is mutually understood and agreed that this Assignment Agreement shall be binding upon City, Assignor and Assignee and their respective successors. Neither this Assignment Agreement or any part hereof nor any monies due or to become due hereunder may be assigned by Assignee without the prior consent of City. 4.4. Governing Law. This Assignment Agreement shall be governed by, interpreted under. rev I/2U/IH) and construed and enforced in accordance with, the laws of the State of California. 4.5. Venue Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Assignment Agreement shaft be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 4.6 Notices. Service of any notices, bills, invoices or other documents required or permitted under this Assignment Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows: City: Kelly Brooks, PW Inspector City of Carlsbad. PEM, Facilities 405 Oak Avenue Carlsbad, CA 92008 Assignor: Omega Elevator Corporation 7915 Silverton Ave, Suite #315 San Diego, CA92126 Assignee: KONE, Inc. 12150 Tech Center Drive Poway, CA. 92064 4.7. Nondiscnmination During the term of this Assignment Agreement, the parties shall comply with the state and federal laws regarding non-discrimination 4.8 Authority. The parties executing this Assignment Agreement on behalf of City, Assignor and Assignee each represent and warrant that they have the legal power, right and actual authority to bind the City, Assignor and Assignee, respectively, to the terms and conditions hereof 4 9 Severabilitv Each provision, term, condition, covenant, and/or restriction, in whole and in part, in this Assignment Agreement shall be considered severable. In the event any provision, term, condition, covenant, and/or restriction, in whole and in part, in this Assignment Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Assignment Agreement and shall not affect any other provision, term, condition, covenant, and/or restriction, of this Assignment Agreement and the remainder of this Assignment Agreement shall continue in full force and effect rev I.''28/00 4.10 Effective Date, This Assignment Agreement shall be effective upon the date and year first above written. ASSIGNOR: OMEGA ELEVATOR CORPORATION *By:^ (sign here) (print name/title) "By: (sign here) (print name/title) (sign here) Wf )v- 'Stgpani'aK, C^nta-wice JVesicicm"i (print name/title) -^' "" ' ' ' CITY OF CARLSBACV-^ municipal corporation of the/Stite of California Citywlanager ATTEST ty Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City^Attorney BV H LY> Deputy City Attorn STATE OF CALIFORNIA COUNTY OF Before me, the undersigned, a Notary _ day of September, 2010, personally ) ) ss ) in and for said County and State, on this to me known to be the identical perspH(s) who executed the within and foregoing instrument, and acknowledged to me that he/they^xecuted the same as their free and voluntary act and deed for the uses and purposes thereip^et forth. Given undepmy hand and seal of office the day and year last above written. Notary Public STATE OF ILLINOIS ) ) ss COUNTY OF ROCK ISLAND ) Before me, the undersigned, a Notary Public in and for said County and State, on this 22nd day of September, 2010, personally appeared Kurt E. Stepaniak, Senior Vice President and Secretary of KONE Inc. and Todd E. McManus, Assistant Secretary of KONE Inc., to me known to be the identical persons who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal of office the day and year last above written. CHRISTINE M. HARPER OFFICIAL SEAL Notary Public. State of Illinois My Commission Expires April 08, 2014 AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR ELEVATOR MAINTENANCE SERVICES Omega Elevator Corporation PWGS332 No. 3 is entered into and effective as of the &-ZCc t=day of , 20/(f, extending and amending the agreement dated April 20, 2007, (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Omega Elevator Corporation, ("Contractor") (collectively, the "Parties") for elevator maintenance services. RECITALS A. On March 12, 2008, the Parties executed Amendment No. 1 to the Agreement to extend and fund the Agreement for a period of one year; and B. On July 15. 2009. the Parties ratified Amendment No. 2 to the Agreement to extend and fund the Agreement for a period of one year and added additional maintenance locations; and C. The Parties desire to extend and fund the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on April 20, 2011 on and agreed price and on a time and materials basis not-to-exceed One Hundred Thousand dollars ($100,000). 2. City will pay Contractor for all work associated with those services on an agreed price and on a time and materials basis not-to-exceed One Hundred Thousand dollars ($100,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 1 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corooration of the State of California (s~gn here) CIM ManagereWaye ATTEST (e-mail address) "By: - (sign here) - (print nameltitle) - (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretaly under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: deputy City Attorney \ City Attorney Approved Version #05.22.01 2 1, Shanah M. Daley, as Sec&uy~reawm ofomega Elevator Copratton in accordance with our bylaws, to hereby authorize Scan M. Kelly, Resident to bind, sign and or authorize any and all coneacts related to Omega Elevator Corporation. Shanah M. Daley d 3ls1la7 Date RATIFICATION OF AMENDMENT NO.2 TO EXTEND AND AMEND AGREEMENT FOR ELEVATOR MAINTENANCE SERVICES Omega Elevator Corporation PWGS332 This Ratification of Amendment No. 2 is entered into as of the o day of _ Q/U^tt^ _ , 2009, but effective as of the twentieth day of April, 20(39, extending and amending the agreement dated April 20, 2007 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Omega Elevator Corporation, ("Contractor") (collectively, the "Parties"). RECITALS A. On March 12, 2008, the Parties executed Amendment No. 1 to the Agreement to extend and fund the Agreement for one year; and B. The Agreement, as amended from time to time expired on April 20, 2009, and Contractor continued to work on the services specified therein without the benefit of an agreement. C. The Parties desire to alter the scope of work of the Agreement to include services at the Library Learning Center; and D. The Parties desire to extend the Agreement for a period of one year ending April 20, 2010; and E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . The retroactive extension and amendment of the Agreement is ratified. 2. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 3. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed One Hundred Thousand dollars ($100,000) per Agreement year. 4. Contractor will complete all work described in Exhibit "A" by April 20, 201 0 and by April 20 of each subsequent year. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. All requisite insurance policies to be maintained by the Contractor pursuant to the City Attorney Approved Version #05.22. .01 Agreement, as may have been amended from time to time, will include coverage for this Amendment. 7- The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this amendment. CITY OFA CARLSBAD, a municipal corporation & the^State of Califcxr ,/"/' t A By: (sign here) (print name/title) ATTEST: (e-mail address) *gy.LORRAINE City Clerk (sign here) (print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD j^-yBALL, City Attorney By: ^^3-DeyJuty City Attorney City Attorney Approved Version #05 22..01 EXHIBIT "A" SCOPE OF SERVICES AND FEE 1. The Parties mutually agree to add preventive maintenance services at the Library Learning Center at a cost of One Hundred Forty dollars ($140) per month. Maintenance services will begin on August 1, 2009. 2. Repair services shall be for actual quantities of work at the existing bid rates. City Attorney Approved Version #05.22..01 ELEMT08 CORPORATION I, Shanah M. Daley, as Secretary/Treasurer of Omega Elevator Corporation in accordance with our bylaws, to hereby authorize Sean M. Kelly, President to bind, sign and or authorize any and all contracts related to Omega Elevator Corporation. .CnnC,, Shanah M. Daley Date State of CalHbml* County of MMMJEtAVrr Commluloo # I5C1449 -CoWomlo Lo»Ang*)M County MyComnv&tplrei JurtM,2009 SubKitwd and iwom to (or affirmed) Before Ittt OB thtt ^^ dayof MK«VHM»T .by M. personally known' to me or proved to me on the btttb of Mrtfafoctcry evtdeno* to be the penon(j) who appeared before me Signature. (Seal) 7915Sllverton Ave.. Suite #315 • San Pego, CA 92126 • CA Contractors Uc. #800506 Phone (858) 564-0848 • Fax [858] 564-0849 • omegoelevciforOsbcglobol.net AMENDMENT NO 1 TO EXTEND AND AMEND AGREEMENT FOR ELEVATOR MAINTENANCE SERVICES Omega Elevator Corporation (PWGS332) ThjsAmendment No.1 is entered into and effective as of the J- day of , 2008 extending and amending the agreement dated_ _ April 20, 20QT7 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Omega Elevator Corporation, ("Contractor") (collectively, the "Parties") for Elevator Maintenance Services (PWGS332). RECITALS A. The Parties desire to extend and fund the Agreement for a period of one year ending April 20, 2009, and B. The Parties have negotiated and agreed that all services and fees will remain unchanged. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on April 20, 2009 on a time and materials basis not-to- exceed One Hundred Thousand dollars ($100,000). 2. Contractor will complete all work by April 20, 2009 and by April 20 of each subsequent agreement year. 3. All provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR *By: here) (print name/title) (e-mail address) "By: L J (sign here) (print na(print name/title) (e-mail address) CITY OF CARLSBAD, a municipal corporation of the State of\California By: ATTEST: LORRAINE City Clerk c .* , / V-"' -v If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President *eiuup P.* @TO ui AauiuUiUjeasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:_ Deputy City Attordey City Attorney Approved Version #05.22.01 AGREEMENT FOR ELEVATOR MAINTENANCE SERVICES Omega Elevator Corporation JHI§ AGREEMENT is made and entered into as of the /-y" day of bV and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Omega Elevator Corporation, a Corporation ("Contractor"). DEFINITIONS Repair: Authorized service work to equipment and systems required to preserve and protect any City owned or maintained elevator system as specified in this Agreement. Installations: Elevator equipment installation and adjustment required to preserve and protect any City owned or maintained elevator systems as specified in this Agreement. Maintenance: Any routine, recurring, and usual services or preventative maintenance on existing City systems necessary for the protection or preservation of any City owned or maintained elevator systems as specified in this Agreement. Demolition: The removal of elevator equipment required to preserve and protect any City owned or maintained elevator systems as specified in this Agreement. Service Report: Contractor's detailed report in City-approved computer-generated format covering all work performed under this Agreement. Service reports shall be separate documents, listed by facility and shall note all inspections, repairs or service work performed, condition statements and any other pertinent information to aid the City in determining future equipment repairs, maintenance or replacement. RECITALS A. City requires the professional services of an Elevator Contractor that is experienced in providing routine, recurring and usual elevator maintenance work necessary for the protection and preservation of City owned or maintained elevator systems for their intended purposes. B. Contractor has the necessary experience in providing professional services and advice related to providing routine, recurring and usual elevator maintenance work necessary for the protection and preservation of City owned or maintained elevator systems for their intended purposes. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render the elevator maintenance and repair services described in the Scope of Work contained in the City's Request for Proposals and the Contractor's proposal, which are incorporated by this reference in accordance with this Agreement's terms and conditions. The Contractor will perform elevator maintenance and related services as needed and as authorized on a time and materials basis as specified in the Contractor's proposal. Nothing in this agreement is intended to create an exclusive arrangement between City and Contractor. The City reserves the right to procure elevator maintenance services from other vendors as the City deems appropriate. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. Contractor shall maintain a C-10 and C-11 license issued by the California Contractors State License Board throughout the term of this Agreement. 3. TERM The term of this Agreement will be effective for a period of one-year from the date first above written. The City Manager may amend the Agreement to extend it for four additional one-year periods or parts thereof in an amount not to exceed One Hundred Thousand dollars ($100,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. Either the City or the Contractor may decline to confirm the renewal of the contract for any reason whatsoever, which shall render the renewal option null and void 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The Contractor's elevator maintenance work will be by paid at a fixed cost rate for scheduled maintenance and at an hourly rate plus parts as indicated in the Contractor's proposal. The total fee payable for the Services to be performed during the initial Agreement term will not exceed One Hundred Thousand dollars ($100,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in the Contractor's proposal. The Contractor will perform work in accordance with all applicable Carlsbad Municipal Code sections, California building codes, California elevator codes, OSHA standards and any other regulatory requirements. City of Carlsbad Bid No. 07-13 Elevator Maintenance Services There will be no additional charges such as travel or trip costs allowed. Payment for service starts when the technician arrives at the City of Carlsbad owned or maintained properties, and ends at the completion of required service work. Portal to portal payment is not included in this Agreement. All parts will be newly manufactured replacement parts or an equal approved by the Public Works Superintendent, or his authorized representative. Pricing to City of Carlsbad will be from the Contractor's actual invoice from parts suppliers plus markup indicated in the Contractor's Proposal. Invoices must be submitted with request for payment. The Contractor shall submit invoices to the Public Works Superintendent, or his authorized representative by the 5th day of the month for work performed in the previous month under this contract. The Contractor shall provide detailed records of all work performed and include all required reports of systems and/or equipment(s) serviced or repaired. Failure to provide the required documents, invoices, and reports will result in the City of Carlsbad withholding payment to the Contractor until all the required documentation, including supplier invoices for parts, are provided to the City. Certified payroll documents shall be submitted to the City with each billing. If an increase in compensation for service in succeeding option years is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The City will evaluate the requested increase, and the City reserves the right to accept or reject the Contractor's requested compensation increase. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the San Diego Consumer Price Index changes over the previous year. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement year and is subject to negotiation or rejection by the City. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' City of Carlsbad 3 Bid No. 07-13 Elevator Maintenance Services compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. PREVAILING WAGES TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the contract. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. PARTS The City reserves the right to supply needed parts and equipment to the Contractor for Services. 11. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 12. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 12.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 12.1.1 COMMERCIAL GENERAL LIABILITY INSURANCE $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 12.1.2 Automobile Liability If the use of an automobile is involved for Contractor's work for City, $1,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 ANY AUTO COVERAGE Insurance must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 12.1.4 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 12.1.5 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 12.2.1 The City will be named as an additional insured on General Liability. 12.2.2 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 12.2.3 Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.3 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12.4 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 15. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all documents related to services performed produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 17. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv: Name: Dale A. Schuck Title: Public Works Supervisor Department: Public Works/General Services City of Carlsbad Address: 405 Oak Avenue, Carlsbad. CA 92008 Phone No. (760) 434-2949 For Contractor: Name.$gQJ7 Title Pr^ .«; iJ <? * Address $$ 3 Phone No. City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 18. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager and/or designee. The City Manager and/or designee will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager and/or designee will be binding upon the parties involved, although City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 8 nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering ninety (90) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim City of Carlsbad Bid No. 07-13 Elevator Maintenance Services may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 25. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 27. SERVICES DURING STATE OF EMERGENCY During a state of emergency as determined by the City Council or City Manager including, but not limited to states of emergency defined by Government Code Section 8558, the Contractor agrees to provide the services specified in this Agreement under the terms and conditions herein. 28. ENTIRE AGREEMENT This Agreement, the City's Request for Proposal, the Contractor's Proposal, and the Specifications, together with any other written document referred to or contemplated by these documents, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SKTJ ss. On .. Date personally appeared ^1400-7 before me,[A\nf Name and Title of Officer (#g., "Jane Doe, Notary Public") M.4HKKJKH M. TAMMIE LAVIT } Commission #1581449 I Notary PitoHc-California \ Los Angeles Couniy f My Comm. Expires Jun 20.2009f Name(s) of Signer(s) D personally known to me approved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature oi Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: MJTHQ<U"fM Document Date:. Number of Pages: U Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Ibkti M« £tt/i/H NK)Q M. D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator Mother: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder: Call Toil-Free 1-800-876-6827 CITY OF CARLSBAD BID 07-13 ELEVATOR MAINTENANCE SERVICES EXHIBIT "A" MANNER OF PERFORMING SERVICES PARTI GENERAL SPECIFICATIONS DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. "BID ITEM" - Individual items of work in the CONTRACTOR'S proposal at an agreed price for the work. B. "CITY" - The CITY of Carlsbad. C. "CITY MANAGER" - The fully appointed CITY MANAGER of the CITY or his authorized representative. D. "CONTRACT ADMINISTRATOR" - The PUBLIC WORKS DIRECTOR'S designee for bidding, awarding and administering the CONTRACTOR'S work under this agreement. E. "CONTRACTOR" - The managing individual of the contracting entity or his authorized employees or representatives. F. "FULLY OPERATIONAL" - In a condition to undertake the function to adequately as passenger or freight elevator. G. "PERIODIC INSPECTION" - Routinely scheduled or randomly noticed inspection or audit conducted by CITY. H. "PREVENTATIVE MAINTENANCE" - Work specified in the preventative maintenance schedule of this agreement that consist of work performed by the Contractor at a fixed price cost. City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 12 I. "PUBLIC WORKS DIRECTOR" - The official designated as the Public Works Director of CITY, or any of his authorized representatives. J. "REPAIRS" - Work required to maintain the serviceability of elevators specified under this agreement that are outside the scope of the scheduled PREVENTATIVE MAINTENANCE. REPAIR work must be authorized by the CONTRACT ADMINSITRATOR prior to the CONTRACTOR performance. After hours REPAIRS are work outside of normal business hours as indicated in the Vendor's Proposed Cost of Services Chart and shall be compensated at the Bid Item Rate for 1.00 STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY 1.01 The CONTRACTOR shall perform the work described herein in a thorough and professional manner so that the City of Carlsbad is provided with reliable and high quality Elevator Maintenance services at all times. 1.02 The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, all labor, tools, equipment, and materials necessary, unless specifically excluded herein, to perform preventative maintenance at the Bid Item price. The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, tools and equipment necessary, unless specifically excluded herein, to perform authorized repairs at the Bid Item price for Labor. Cost of parts shall be paid at the CONTRACTOR'S invoice cost for parts plus the percentage of markup indicated in this proposal. 1.03 The CONTRACTOR'S forces shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform maintenance services. The CONTRACTOR shall erect barricades, warning signs and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas. 1.04 Elevator maintenance and repair shall be performed in accordance with accepted standards for Elevator maintenance and repair to the satisfaction of the CONTRACT ADMINISTRATOR or his designee. CONTRACTOR shall immediately respond when notified by CITY to correct unsatisfactory work at no additional charge. 1.05 The CONTRACTOR shall maintain individual repair and maintenance logs listing all work performed under this agreement. These repair and maintenance logs shall be kept in a designated area on each site. Logs shall indicate the date of service, time of service, service performed, the technician performing service and any other information that may affect current or future operation of the elevators. The CONTRACTOR shall report these locations, by address, to CITY'S CONTRACT ADMINISTRATOR, or designee, within 48 hours. (Deductions may City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 13 be made from the CONTRACTOR'S payments if maintenance and repair tasks are not reported to CITY within the time allowed.) 1.06 The CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks to the satisfaction of the CONTRACT ADMINISTRATOR, within twenty- four (24) hours of notification. Failure to comply with this requirement will result in a reduction in payment to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. 1.07 The CONTRACTOR shall prepare and submit an annual schedule for PREVENTATIVE MAINTENANCE to the CONTRACT ADMINISTRATOR for approval. The PREVENTATIVE MAINTENANCE schedule shall be adhered to by CONTRACTOR unless deviation from the approve schedule is authorized by the CONTRACT ADMINISTRATOR. 1.08 CONTRACTOR shall, during the term of this CONTRACT, respond to requests for REPAIRS, or EMERGENCY REPAIRS as required, twenty-four (24) hours per day, seven (7) days per week, by dispatching required technicians to the site, within four (4) hours of contact by the CONTRACT ADMINISTRATOR. 2.00 ELEVATORS TO BE MAINTAINED 2.01 The service areas, hours of operation, and frequencies of service under the provisions of this CONTRACT are detailed in Appendix "C". 2.02 CONTRACTOR acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition, and agrees to make no demands upon CITY for any improvements or alterations thereof. 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 3.02 The CONTRACTOR'S monthly invoices for PREVENTATIVE MAINTENANCE shall be prepared and submitted in an electronic format, clearly indicating the City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 14 Purchase Order number, unit price, total work performed and correctly extended totals for each individual BID ITEM or separate item of work. An invoice format shall be submitted to the CONTRACT ADMINISTRATOR for approval. CONTRACTOR shall submit a fully itemized monthly bill to the CONTRACT ADMINISTRATOR, or designee. 3.03 Separate invoices for approved REPAIRS AND EMERGENCY REPAIRS shall be prepared and submitted in an electronic format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR'S billing. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be submitted for each discrete and complete REPAIR or EMERGENCY REPAIR. 3.04 In the event the CITY transfers title, maintenance responsibility, or changes service frequency of a portion thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted from the agreement and the CONTRACT sum shall be reduced accordingly. The CONTRACT ADMINISTRATOR may, at his discretion, add new elevators to be maintained and/or repaired and/or require additional services. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this CONTRACT based on a negotiated proposal. Proposal costs shall not exceed customary costs of similar equipment as submitted in the REQUEST FOR BIDS or as adjusted in accordance with subsequent amendments to the agreement. The CONTRACT ADMINISTRATOR shall notify the CONTRACTOR of additions, reductions or deletions of areas to be serviced in writing. 4.00 ENFORCEMENT. DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. In addition to deductions stipulated in other sections of this agreement, the CONTRACT ADMINISTRATOR may enforce deductions in accordance with Section 4.00. 4.02 The CONTRACT ADMINISTRATOR shall prepare and implement an INSPECTION RATING SYSTEM to be used to verify monthly payments and deductions from payments (see sample rating system as Appendix "B ). This form and system may be modified at the discretion of the CONTRACT ADMINISTRATOR. The CONTRACTOR agrees to be so evaluated by said system and bound by the ratings and/or deductions from payments indicated in the monthly INSPECTION RATING SYSTEM report. To avoid deductions from City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 15 payment, CONTRACTOR must receive a rating of 95 or higher per service area as described in Appendix "B". 4.03 If, in the judgment of the CONTRACT ADMINISTRATOR, the CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADMINISTRATOR, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro-rata from the CONTRACTOR'S invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. The monthly INSPECTION RATING SYSTEM report shall constitute reason for any deductions so imposed. 4.04 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 5.00 INSPECTIONS. MEETINGS. & REPORTS 5.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of CONTRACT requirements and identifying deficiencies. 5.02 The CONTRACTOR or his authorized representative shall meet with the CONTRACT ADMINISTRATOR or his representative on each site at the discretion and convenience of the CONTRACT ADMINISTRATOR, for walk-through inspections. All routine maintenance functions shall be completed prior to this meeting. 5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. 5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance under this CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the elevators. 6.00 STATE PRELIMINARY ORDERS AND LICENCING City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 16 6.01 The CONTRACTOR shall assist the CITY with administering the fulfillment of requirements of State Preliminary Orders and Licensing coordination with the State Division of Occupational Safety and Health." 6.02 The CONTRACTOR shall advise the CITY of required inspections, maintenance and repairs required to satisfy all regulating agencies requirements to insure uninterrupted services of the CITY'S elevators. 7.00 CONTRACTOR'S DAMAGES 7.01 All damages incurred to existing facilities by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, all at the CONTRACTOR'S expense. 8.00 COMMUNICATIONS AND EMERGENCY RESPONSE 8.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain a two twenty-four (24) hour emergency telephone numbers, toll free to a San Diego region area code. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable substitute. Answering machines are not acceptable. 8.02 All requests for emergency services shall require a qualified technician to be dispatched to the required location as soon as possible after notification; but in all cases within four (4) hours, to the satisfaction of the CONTRACT ADMINISTRATOR. If any emergency service request is not responded to in four (4) hours, the CONTRACT ADMINISTRATOR shall be notified immediately of the reason for not meeting the required response time followed by a written report to the CONTRACT ADMINISTRATOR within two (2) working days. 8.03 Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notify the CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by the CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount due to the CONTRACTOR. This deduction shall include a markup for administrative costs equal to fifteen (15) percent of the actual costs incurred. 8.04 The CONTRACTOR shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non- action. Said log of complaints shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 17 8.05 CONTRACTOR'S supervisor shall carry cellular telephones with local San Diego region area code. Supervisor shall respond to any call from the CITY within thirty (30) minutes at any time. 9.00 SAFETY 9.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the performance op his duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make annual inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. 9.02 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 10.00 HOURS AND DAYS OF SERVICES 10.01 The acceptable daily hours of services shall be 8:00 am to 5:00 pm, which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. 10.02 CONTRACTOR shall provide staffing to perform the required services during the prescribed hours as specified in these contract documents. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. 10.03 Per State of California Labor Code, CONTRACTOR is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this CONTRACT shall constitute a legal day's work and said CONTRACTOR shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by State of California Labor Code Section 1815. 11.00 PREVENTATIVE MAINTENANCE SCHEDULES City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 18 11.01 The CONTRACTOR shall, within thirty (30) days after the award of bid of this CONTRACT, submit work schedules to the CONTRACT ADMINISTRATOR for review and approval. Said work schedules shall identify required operations and delineate the time frames for performance. A Routine Operations Schedule shall include all tasks required at the intervals required. The CONTRACTOR shall submit revised schedules when actual performance differs substantially from planned performance, and from time to time as requested by the CONTRACT ADMINISTRATOR. Said revisions shall be submitted to the CONTRACT ADMINISTRATOR for his review and approval, within five (5) working days prior to the original or revised scheduled time for the work, whichever is earlier. 12.00 CONTRACTOR'S STAFF AND TRAINING 12.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 12.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and to pay for, background checks if required by the CONTRACT ADMINISTRATOR on all personnel providing elevator services for this contract. In the event such background check reveals an item, which Carlsbad Police deems a security problem, City may request that such individual be removed from the list of personnel authorized to provide services to the CITY. 12.03 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working. 12.04 CONTRACTOR shall have a "Local" representative with authority to contractually bind CONTRACTOR in matters, which may arise during this agreement performance period. "Local" in the context of this agreement is defined as the southern California metropolitan area consisting of San Diego, Orange, Los Angeles or Riverside counties. CONTRACTOR shall provide, prior to commencement of work under this Agreement, in writing to the CONTRACT ADMINISTRATOR, a statement indicating by name the specific authority vested in the "Local" representative. CONTRACTOR'S "Local" representative shall be responsible for instructing and training of CONTRACTOR'S personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all services and functions to completely accomplish the work as required by this Agreement. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (8:00 a.m. to 5:00 p.m., Monday through Friday). City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 19 12.06 Each crew of CONTRACTOR'S employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any site without other CONTRACTOR'S supervisory personnel present. 12.07 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of the public patronizing the premises. CONTRACTOR shall meet with representatives of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR'S employees will not be detrimental to the interest of the public patronizing the premises. 12.08 The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR'S personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 12.09 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR'S company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. 13.00 NON-INTERFERENCE-NOISE 13.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 13.02 In the event that the CONTRACTOR'S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 14.00 DRUG AND ALCOHOL FREE WORKPLACE City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 20 14.01 The CITY is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. As a condition of this agreement, CONTRACTOR and CONTRACTOR'S employees shall assist meeting the requirements of this policy as set forth in the "City of Carlsbad Drug and Alcohol Use Policy" incorporated by reference herein. CONTRACTOR agrees that CONTRACTOR and CONTRACTOR'S employees, while performing services for the CITY, on CITY property, or while using CITY equipment will not be in possession of, use, or be under the influence of drugs or alcohol. CONTRACTOR has the duty to inform all employees or agents of CONTRACTOR that are performing service for CITY on CITY property or using CITY equipment of the CITY'S objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for CITY. CITY has the right to terminate, or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR'S employees are determined by the CONTRACT ADMINISTRATOR to have breached the provisions of Section 15 herein as interpreted and enforced pursuant to the provision of the "City of Carlsbad Drug and Alcohol Use Policy". 15.00 ASSIGNMENT OF CONTRACT 15.01 CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR. 16.00 EXTRA WORK 16.01 The CITY may award Extra Work to the CONTRACTOR, or to other forces, at the discretion of the CONTRACT ADMINISTRATOR. New or unforeseen work will be classified as "Extra Work" when the CONTRACT ADMINISTRATOR determines that it is not covered by CONTRACT unit prices. Adjustment in payment for Extra Work shall be performed by agreement between the CONTRACT ADMINISTRATOR and the CONTRACTOR or on a NEGOTIATED PROPOSAL AND ACCEPTANCE basis in accordance with Section 17.00 or on a TIME AND MATERIALS basis in accordance with Section 18.00. 16.02 If the CONTRACT ADMINISTRATOR determines that the Extra Work can be performed by CONTRACTOR'S present work force, CONTRACT ADMINISTRATOR may authorize modification of the CONTRACTOR'S Routine Operations Schedule or Annual Calendar in order to compensate CONTRACTOR for performing said work. City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 21 16.03 Prior to performing any Extra Work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 16.04 In the event that CONTRACTOR'S proposal for Extra Work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS Basis. Invoices for EXTRA WORK on a TIME AND MATERIALS basis are subject to CONTRACTOR markup in accordance with the Vendor's Proposed Cost of Services chart. 16.05 When a condition exists which the CONTRACT ADMINISTRATOR deems urgent, the CONTRACT ADMINISTRATOR may verbally authorize the work to be performed upon receiving a verbal estimate from the CONTRACTOR. However, within twenty-four (24) hours after receiving a verbal authorization, the CONTRACTOR shall submit a written estimate, consistent with the verbal authorization, to the CONTRACT ADMINISTRATOR for approval. 16.06 All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 17.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 17.01 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negotiated agreement between the CITY and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with the Vendor's Proposed Cost of Services chart. 17.02 Prior to performing any work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 17.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 18.00 TIME AND MATERIALS 18.01 In the event that the CONTRACT ADMINISTRATOR determines that work requested is of an unknown duration, not easily quantified or the CONTRACTOR'S City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 22 proposal for work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS basis. 18.02 The CONTRACT ADMNISTRATOR may direct CONTRACTOR to proceed by allowing him/her to use the following rates or percentages as added costs for the markup of all overhead and profits: 1) Labor As Stipulated in Vendor's Proposed Cost of Services chart. 2) Materials As Stipulated in Vendor's Proposed Cost of Services chart. 3) Equipment Rental 15 4) Other Items and Expenditures ....15 Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, Labor Surcharge and Equipment Rental Rates published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the CONTRACTOR and subcontractor, if any. The labor surcharge rates published therein are not a part of this contract." 18.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 23 "Appendix B" CITY OF CARLSBAD ELEVATOR MAINTENANCE SERVICES BID NO. 07-13 INSPECTION RATING FORM SITE: SAFETY CENTER INSPECTOR: Dale A. Schuck 5/30/07 Possible Previous Rating This Category Description Points Period Period Required preventative maintenance tasks performed Contractor's service logs complete and accurate Contractor performing services on Scheduled Day Work area is clean, neat and safe Personnel in Proper Uniforms Vehicles Marked as Required Rating Totals Deduction Percent 25 15 15 15 15 15 100 22 15 11 15 15 15 93 23 13 11 15 15 15 92 Deduction Percent Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment 3 0.03 $1,181.04 $35.43 $1,145.61 City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 24 "Appendix C" CITY OF CARLSBAD ELEVATOR MAINTENANCE SERVICES BID NO. 07-13 PREVENTATIVE MAINTENANCE FREQUENCIES AND EQUIPMENT LIST City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 25 CITY OF CARLSBAD TECHNICAL PUBLICATION ELEVATOR MAINTENANCE SERVICES PREVENTATIVE MAINTENANCE FREQUENCIES AND QUALITY STANDARDS City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 26 MAINTENANCE QUALITY STANDARD THEORY APPEARANCE MACHINE ROOMS HOISTWAYS, PITS, CARTOPS CAB ENCLOSURE SAFETY DOOR OPERATION SIGNALS CAR RIDE POWER UNITS CONTROLLERS TASKS FOR ELEVATOR PREVENTATIVE MAINTENANCE SERVICES ON EACH VISIT MONTHLY QUARTERLY ANNUALLY City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 27 MAINTENANCE QUALITY STANDARDS MAINTENANCE THEORY Quality maintenance includes all the necessary tasks required to keep equipment in a safe and dependable operation. Scheduled routine preventative maintenance on vertical transportation equipment will not only prolong the life of the equipment, but will greatly reduce the overall outlay of financial resources by both the owner and the elevator company. Eventually all equipment will wear out or be replaced by new technology. However, the elevator contractor has a responsibility to maximize the life of the equipment and safety of each passenger. APPEARANCE MACHINE ROOMS: The machine rooms and secondary space floors and equipment are to be painted, kept free of dust, lint, oil residue, carbon dusts and debris. Code authorities prohibit the storage of equipment and parts not relative to the operation and maintenance of the elevators in the machine rooms. Spare elevator parts, lubricants and wiring diagrams will be kept orderly in storage cabinets provided for the job by the elevator contractor. Metal rag pails with covers will be provided for the storage of clean rags only. All waste materials will be removed for the area immediately and disposed of properly. Up to date service charts, callback logs, Fire Service Logs, and Material Data Sheets will be readily accessible. All chemicals must be properly labeled. Equipment room doors shall be self-closing and self-locking, and these rooms shall be kept locked to prevent unauthorized access. HOISTWAY, PIT, AND CAR TOPS: These areas must be kept free of debris and accumulation of storage of materials such as parts, lubricants, etc. Pits shall be maintained in a reasonably dry condition as directed by local code authorities. Oil spills shall be cleaned up immediately or reported to the area supervisor. Water in pit areas shall be documented and reported to the Operations Department and the Area Supervisor. All covers shall be secured in place. Cleaning these areas will be performed in accordance with the contractor's maintenance guide. CAB ENCLOSURE: All covers and accessory boxes shall be secured in place and if lockable, locked at all times. All fastenings and screws will be secured and tightened. Missing screws shall be replaced. Car Operating Panels, Indicators and markings shall be maintained as installed. Defaced components will be reported to the Operations Department and the Area Supervisor. SAFETY Safety awareness is of the utmost importance when working on elevator equipment, not only for the mechanic and the riding public but also the casual observer who may wander City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 28 into a work area unannounced. Barricades, proper tools and safety equipment will be proved by the elevator contractor to minimize risk of exposure to danger to employees and public. Under no circumstances should work be performed in unbarricaded, open hoist ways. If continuous work is performed, hoist way doors should be closed when the immediate area unattended. Strict adherence to the lock out tag out procedure shall be enforced. All safety devices and circuits shall operate as intended. They shall not be overridden and must operate in compliance with applicable codes. Unsafe equipment or conditions will be corrected or reported to the proper personnel immediately. Under no circumstances shall unsafe equipment be put into operation. Periodic c=checks will be performed to ensure proper operation of all safety devices. Lighting in the work areas shall be sufficient so as not to endanger maintenance personnel. Unique or adverse job conditions and deviation for the prevailing codes with respect to the elevator spaces or work areas shall be documented and discussed with the area supervisor and the Operations Department. Environmental conditions must be suitable for the safe operation of equipment by the public and company employees. Adjustments to the operating systems, which may affect the safety of passengers, shall not be made while the passengers have access to riding the elevators. Doors should be disabled and/or barricades affixed to prevent use during adjustment. DOOR OPERATION Doors shall be smooth, quite and positive without noticeable bumps. Car and hall door rollers and gobs will be replaced and hangar tracks cleaned when required. Up thrusts will be adjusted and door alignment check periodically to ensure proper operation and adherence to code clearance requirements. Consistent operation shall be maintained from floor to floor and with similar cars in a group. The doors will be maintained per the speed, force, and time adjustments specified by the manufacturer or enforced by the local code authority. An annual check of horizontal power operated doors shall be made to ensure that the force necessary to prevent the closing of the doors does not exceed 30 pounds. Particular attention shall be paid to reopening features and safety devices such ad door open buttons, safety edges, photocells, detector edges, nudging and other related features, which shall be maintained as installed and checked during each visit to the site. Door pre-opening should be eliminated when possible. Modifications to the existing equipment must be approved by the area supervisor. CAR RIDE City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 29 The initial car ride is predicated upon the speed control design and its associated acceleration/deceleration pattern; however, the ride quality must include a condition free of excessive sway and rattle, door shimmy, hoistway noises and unusual conditions experienced within the cab during transit. The car ride should be consistent and where applicable, smooth. Inherent noise generated by elevator equipment maintained within normal limits and corrected accordingly when the noise level exceeds those limits. Floor levels are a product of the supplied equipment, ambient conditions and usage. Many modern traction systems employ closed loop design and distance measuring devices to precisely track the location of the car to within %". Older systems however require continuous monitoring and adjustment. Leveling accuracy must be checked each visit and adjustments made to guarantee the optimum floor level. Unusual conditions or intermittent failures should be corrected immediately or reported to the area supervisor. The condition of speed control devices shall be check periodically to ensure proper operation. Under no circumstances shall a car be left running with a potential tripping hazard. POWER UNITS Hydraulic power units will be kept clean and painted for ease of maintenance and housekeeping. Leaks shall be properly sealed when detected. Oil levels, valve operation, shall be maintained to ensure safe, reliable operation. All components will be maintained in accordance with the elevator company's guidelines at the prescribed intervals. CONTROLLERS AND OTHER EQUIPMENT Controllers and other operational apparatus will be kept clean, properly lubricated and adjusted as required; relays and contactors shall be kept clean and operating without excessive arc. All electrical connections shall be tight, taped and tagged when not in use. Coils, contacts, relays and resistors showing signs of deterioration shall be repaired or replaced as necessary. Care must be exercised when handling printed circuit boards. Proper grounding is necessary when handling some versions of solid-state boards in stock locally or have access to spares for overnight delivery. All modes, programs and operations such as load weighing, dispatching, etc., shall be maintained as originally intended, engineered, and manufactured. City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 30 ROUTINE PREVENTATIVE MAINTENANCE TASKS FOR ELEVATORS INITIAL • Program emergency telephone to direct dial elevator contractors dispatch service. • Install lock box with machine room door key at each elevator machine room doorway. ON EACH VISIT • Check in with the building management. Note and correct all complaints. • Ride all cars and check for unusual operation and noises. Pay particular attention to door operation and leveling. Doors should be smooth quiet and positive, without noticeable bumps. Correct and malfunctions observed. • Replace/repair non-functional signal devices. • Check emergency communications devices. • Check door protection devices. Correct any malfunctions. • Have building management sign service ticket when complete with all work. MONTHLY • Thoroughly clean machine room equipment. Wipe dust from inside and top of control panels. Sweep or mop floor. • Check oil level in reservoir and mark on maintenance schedule. • Check valve, pump and plumbing for oil leaks. Remove accumulation of oil from recovery pans. • Examine drive belts for wear and tension. Visually check sheaves and bushings. • Check starter contacts, overload heaters and connections. • Check main piston packing for leaks and wear. Wipe excess lint from packing head. Recycle the oil recovery device. Check the return lines. CODE ITEM. ASME A17.1 3000(H), Rule 1206.7 City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 31 • Test the Fire Service System key switches to determine conformance. • Report findings in Log Book kept in machine room. QUARTERLY • Inspect car door operator. Adjust belts and/or chains as necessary. Lubricate bearings and pivot points. Apply lubricant to phenolic or micarta cams. • Clean car gate switch and main landing door interlock contacts. Adjust as required. Maintain code requirements for settings. • Clean car top and car top devices. • Inspect leveling units. • Clean, adjust and lubricate car and, main landing door hangars and tracks. Check and adjust up thrusts. Inspect door alignment and adjust as required. • Clean, adjust and lubricate car door clutch or bayonet assembly. • Dust debris from mechanism located on hoistway side of car and main landing doors and sills. • Clean pit and pit equipment. Report and abnormal conditions such as the presence of water. • Inspect, clean and lubricate selector tail sheaves if proved. • Lubricate guide rails if slipper shoes are provided. • Pull mainline disconnect switch. Inspect and clean controller. Check power and supervisory relays, shunts and contacts. Operate each relay manually and check for contact wipe and binding. Replace any contact, shunt, spring or spring retainer, which shows indication of excessive wear. Replace controller filters. Check operation of muffin fans if provided. • Clean carbon dust accumulation from crossbars. • Replace carbons, contacts and switches as required. ANNUALLY • Clean hoistway. City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 32 • Clean, lubricate and adjust hoistway door equipment. Burnish door interlock contacts and shorting bars. Replace worn parts as necessary. . Check for abrasions or wear on traveling cables. • Inspect cab enclosure steadying devices. • Check and adjust car door pressure and speed. Log on maintenance chart. • Check car and man landing door gibs. Replace if worn. • Tighten mainline connections and check fuse sizing. Replace any fuses that appear damaged or unmarked. • Clean and check controller fuses and fuse holders. Ascertain that the proper fuse is installed. Replace any fuses that appear damaged or unmarked. CODE ITEMS ASME A17.2, Rules 211.3 through 211.8 3128. In tandem with the City of Carlsbad's vender, test fire and emergency power system to determine conformance. Activate Fireman's Return Test Relief Valve Perform Pressure Test Perform other tests required by local code authorities. City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 33 VENDOR'S PROPOSED COST OF SERVICE* PAGE 1 OF 2 The matrix below describes four items upon which the City requests a proposal. Please note that the numbers listed in the "Quantity and Units" category of the matrix below are estimates only, and will not be used for any purpose other than to compare proposals received in response to this Request for Proposal. The actual payments made to the Vendor will be based on the Vendor's actual work performed for the City consistent with the terms and conditions of the contract documents. The undersigned declares he/she has carefully examined the locations of the work, read the Request for Proposal, examined all specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work in this Hydraulic Elevator Maintenance Agreement in accordance with the specifications of the City of Carlsbad, and the General Provisions and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item No. 1. 2. 3. 4. 5. Description Cost of parts and materials. Cost of LABOR for REPAIRS f IWIonrlaw FriHflw ft 'HO AM - 5:00 PM) (Response time within 4 hours required) Cost of LABOR FOR EMERGENCY REPAIRS. After-hours (Response time within 4 hours required) COLE LIBRARY (2)- Preventative Maintenance SAFETY CENTER (2)- Preventative Maintenance 'Estimated Quantity and Units $20,000.00/year* (*Estimated) 120 Hours* (*Estimated) 60 Hours* (*Estimated) $270 per Month Lump Sum $270 per Month Lump Sum Unit Price 15% Contractor's markup from supplier invoice price. $167.00 per hour (At Prevailing Wage) $117.00 per hour (At Prevailing Wage) $3.240.00 Per year $3.240.00 Per year Total $23.000.00 ($20,000.00 + Mark Up) (Extended Amount) $20.040.00 (Extended Amount) $7.020.00 (Extended Amount) $3.240.00 (Extended Amount) $3.240.00 (Extended Amount) City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 34 6. 7. 8. PROPOSED COST OF SERVICE -PAGE 2 OF 2 1 635 FARADAY (1)- Preventative Maintenance DOVE LIBRARY (2)- Preventative Maintenance FARMERS BUILDING (2)- Preventative Maintenance $135.00 per Month Lump Sum $270 per Month Lump Sum $405 per Month Lump Sum $1.620.00 Per year $3.240.00 Per year $4.860.00 Per year $1.620.00 (Extended Amount) $3.240.00 (Extended Amount) $4.860.00 (Extended Amount) SENIOR CENTER (1)- 9. Preventative $135.00 per Month $1.620.00 $1.620.00 Maintenance Lump Sum Per year (Extended Amount) 'Estimate based on historical experience is for proposal comparison purposes only. The actual payments made to the Vendor will be based on the Vendor's actual work performed for the City consistent with the terms and conditions of the contract documents, and may be different from the prices estimated above. Note: This Agreement is subject to prevailing wage laws, Labor code Section 1770 et seq. Total amount of Vendor's proposal per agreement year in words: Sixty-seven Thousand Eight Hundred Eighty dollars (Items 1-9) Total amount of Vendor's proposal per agreement year in numbers: $67.880.00 (Items 1-9) In the event of a discrepancy between the total amount of Vendor's proposal written in words or numbers, the amount written in words shall govern. City of Carlsbad Bid No. 07-13 Elevator Maintenance Services 35 StateZip# of ElevatorsP <o Oro ro 3> o <oo10 g >oCo o <o oro w > § P, ffi <">w g > a CO O 1C•*§OS 0 •?CARLS03> C CARLSBAa CARLS8ACCARLSBAI:CARLSBAD(ManufactureO rn•T-JyU > Zo 5 r~p- >S.v>OLIVER A"Z.D § r-r* >5CO AMTECH/Rmr~ >co m AMTECH/Rmj — > C3f—m MONT GOME31 -< mr-m<;^r>~t O33 j Inspection Dat<(V 200209«jhro 20020912200209242002092420020923| Installation Datn 196711197409198609o o </> r- tn 1 S <<t> a _ a 3 ?(O 01if Q. O —i? o o ro§ M 8en rs> NJ 0 Oo ro S o o ro-* ro oN) o01 rs> ro O O KJ-i ro oro oin ro tM o o-k KJroOi JGapacity001500000500004000002500002500Opening8 S o8ro oN) o N1- ' Ooow [Passengerso Q Oro->f O •^1 o O5 70 S'n> oo w o0 0 8 £L £9. O) n 0>wVI -Qat/i % (D3 Dumbwaitt^h1 PassengerPassengerPassenger-Ix; ^ f 1rao3"n Overheadg c3 Hydroelectrir:Hydroelecti io Hydroelectric| Street NameCARLSOJ>o< r~ > fri C3J CARLSBAD < pr —> Om o73 ORION WA-<ORION W/.-c FARADAY A\->.rn (street Numberrog NJ S roenO)o ro So enCJ i_n CD Q. IO Cu (D P Oprn r~ C3Tl§73 nor~m_ cc 7!>,-C -Dp orn en-<> OZ S om w >'— l Oz O H /-.^/Tl > ^r'C/305>c 55£T is 5«045946060728084244084654115365o 73 r; W 2 o O 873 -\m om omCO O COro roog O XNJ r-joo O COCO N> OCD O X1 co ro CO o toCJ NJ803 O (D 00 CARLSBADO XT CD D 52 CO 03 O 553!r— !jl31 O 22i— o o p Locc c | MONTGOMEX-cm m H s z-~j /•s m ?mim -H0 DO m33 O0 O j*» H OZ m Oo o Hoz DOVER Ci 63; H 2 c mf~* ftl•C cSp 1 '7* ro -A- o o8O -*• N3ti> ro-oj to en0 0N5 C" K> ~* O O0 CD --" MO CC N3CO t£< Ul0 0ro ci_i ro -* o o8<p _i CJ& enK3 O? O-* O a KJ —* O -"^O <O ~* WO 00 t?iN> <7> O O ro -^ o o ^ s? y} -i O-* enO hj -J. O Oo tc -* roo cc oW f-£> OO -* r-j•t* o o o oO O N3 O CF w *. o ~* o o o o(£? O O -*• Oco ro o o — »CC <J1 N5 i^- c? o N) O O O O8 g g K | i> c3-» o ro c o o o§o o ro oo.'- c o ro-> o u> m-i o~> o ro o o o o§o o ro ocu; o o ro — * O v^3 O/ -» o ro O O o oC O O -i Oo ro o •».' -»ro <ji *o coS 8 | Passenger5" CO "0CL>w 0! £C0) T1 GJ u (O -.Passengei"C V)Crto too 1 Hydroelectric-<CL (Ts 2 n" X Qtoa n X a.3ft OS n'Hydroelecri' *<"Q. 8(p O" 0 83< uimr~ rn O ~*0 3 m r~~ m P g n 5 szo m m enr- co D (J! Z O m r~5815EL CAMIhO m ! — Tl OC — O rn <m | DOVE LIBRA33-< m \ ODX A; > m (75 03r~Da Tl sm CO CD FARMERScc cp CO mzHrn~n 1 CO 1s oI — j o 8 CO CD 084199o 01Ul ro z ro o m :& •< | So ci 5w >z m om omco ELEVATOR CORPORATION I, Shanah M. Daley, as Secretary/Treasurer of Omega Elevator Corporation in accordance with our bylaws, to hereby authorize Sean M. Kelly, President to bind, sign and or authorize any and all contracts related to Omega Elevator Corporation. Shanah M. Daley Date State of California County of TAMMIE LAVIT Commission* 1581449 Notary Public - California Los Angeles County My Comm. Expires Jun 20, _ Subscribed and sworn to (or affirmed) Before m* 00 thfe .M^Lday of JdMJii 2Q£1_ by M. i.2009f personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature. (Seal) 7915 Silverton Ave., Suite #315 • San Diego, CA 92126 • CA Contractor's Lie. #800506 Phone (858) 564-0848 • Fax (858) 564-0849 • omegaelevatorOsbcglobal.net