HomeMy WebLinkAboutContracts & Agreements_169A-2022AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of elevator maintenance services ("Agreement") is made
and entered in this 17th day of August, 2022 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City") and Liftech Elevator Services, Inc., a California
Corporation ("Contractor"). City and Consultant are sometimes individually referred to herein as
a "Party" and, together, as the "Parties," In consideration of the mutual promises contained herein,
City and Consultant agree as follows:
ARTICLE 1 — ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform elevator maintenance services for City (the
"Services").
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 - SERVICES OF CONTRACTOR
2.1 The Services that Contractor shall perform are more particularly described in Exhibit "A,"
titled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the
performance of this agreement including, but not limited to, any applicable State prevailing
wage laws.
ARTICLE 3 -- RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may reasonably
assist Contractor in performing the Services.
3.2 City designates Chris Boatman, Assistant City Manager Director, as City's representative
with respect to performance of the Services, and such person shall have the authority to
transmit instructions, receive information, interpret and define City's policies and decisions
with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "A," titled "Scope of Services," which is
attached hereto and incorporated herein by this reference.
4.1 The term of this Agreement shall be for a period of one (1) year commencing on August
17, 2022 (the "Initial Term"). The City shall have the option to extend the Initial Term of
1
L:\cn\Agreements\Liftech Elevator Services Agrcement.NPS-2.1. FY22-0017.docx.jn
this Agreement by one (1) additional one-year term ("Extended Term"), on the same terms
and conditions, by providing written notice to Contractor at least thirty (30) days prior to
the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended
Terms are hereby collectively, referred to herein as the "Term" of this Agreement.
4.2 If Contractor's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to City, consistent with City
Council -adopted policy for the same. It shall be the obligation of Contractor to obtain a
copy of such policy from City staff.
ARTICLE 5 PAYMENTS TO CONTRACTOR
5.1 Total compensation for Contractor's performance of the Services shall not exceed the
amount of Seven Thousand Six hundred Fifty -Five Dollars ($7,655), City shall pay
Contractor on a time and materials basis up to the not to exceed amount in accordance with
Exhibit "B," titled "Fee Schedule," which is attached hereto and incorporated herein by
this reference.
5,2 Contractor shall submit monthly invoices to City describing the Services performed during
the preceding month. Contractor's invoices shall include a brief description of the Services
performed, the dates the Services were performed, the number of hours spent and by whom.
City shall pay Contractor no later than thirty (30) days after receipt and approval by City
of Contractor's invoice
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (1) on the date
of delivery in person; (11) five (5) days after deposit in first class registered mail, with return
receipt requested; (11i) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile or electronic mail transmission (including PDF), if
confirmed with a copy sent contemporaneously by first class, certified, registered or
express mail; in each case properly posted and fully prepaid to the appropriate address set
forth below, or such other address as a Party may provide notice in accordance with this
section:
CITY
City Cleric
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
(909) 798-7531
CONTRACTOR
Suriel Castro, Administrative Manager
LifIeeh Elevator Services, Inc.
2897 Gardena Avenue
Signal Hill, CA 90755
suriel a liftechelevator.com
(562) 997-3639
Fax (562) 997-3680
2
L:\ca\AgrccmentslLifech Elevator Services Agreerncnt.NPS-2.I.17Y22-0017.docx jn
ARTICLE 6 -- INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services. Contractor shall not perform
any Services unless and until the required insurance listed below is obtained by Contractor.
Contractor shall provide City with certificates of insurance and endorsements evidencing
such insurance prior to commencement of the Services. Insurance policies shall include a
provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self -insured or exempt from the workers' compensation laws of
the State of California. Contractor shall execute and provide City with Exhibit "C,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1000,000) per occurrence and Two Million
Dollars ($2,000,000) aggregate, for public liability, property damage and personal
injury is required. City shall be named as an additional insured and such insurance shall
be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and property
damage liability. This coverage shall include all Contractor owned vehicles used in
connection with Contractor's provision of the Services, hired and non -owned vehicles,
and employee non ownership vehicles. City shall be named as an additional insured
and such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed
officials, employees and agents from and against any and all claims, losses and liability,
including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any negligent act or omission by, or the willful misconduct of, Contractor,
or its officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Contractor's Services. Contractor further covenants and represents that
in the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the political
Reform Act because Contractor:
3
1,,:\ca\Agreements\Liaeah Elevator Services Agreemcnt.NPS-2, I.FY22-0017.docx.jn
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and, in that capacity, participate in making
a governmental decision or otherwise perform the same or substantially the same duties
for City that would otherwise be performed by an individual holding a position
specified in City's Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Contractor must disclose its financial interests, Contractor
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
8,2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attetnpted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any of its agents shall
have control over the conduct of Contractor or Contractor's employees, except as herein
set forth. Contractor shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Contractor are for its account only,
and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind
City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than ten (10) days prior written notice to Contractor of City's intent to terminate. If this
4
L:\ca\Agreements\Liftech Elevator Services Agreement.NPS-2.1.FY22.0017.docx jn
Agreement is terminated by City, an adjustment to Contractor's compensation shall be
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Contractor at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Contractor. Upon receipt of a
termination notice, Contractor shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, drawings, specifications, reports, summaries and such other
information and materials as may have been accumulated by Contractor in performing the
Services. Contractor shall be compensated on a pro-rata basis for Services completed up to
the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor
pursuant to this Agreement. Such books shall be available at reasonable tunes for
examination by City at the office of Contractor.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City and
Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree that
all actions or proceedings arising in connection with this Agreement shall be tried and
litigated only in the state courts located in San Bernardino County, California, and the
federal courts located in Riverside County, California.
8.8 if one or more of the sentences, clauses, paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or sections contained
herein, unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
5
h.\ca\Agreements\Uflech Elevator Services Agreement.NPS-2.I.FY22-0017.docx.jn
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Agreement.
CITY OF RFDLANDS LIFTECH VATOR SERVICES, INC
By:*Charles M. Duggan, Jr., City Manager
ATTEST:
anne Donaldson, City Clerk
By:
6
L:\ca\Agreements\Liftech Elevator Services Agreement.NPS-2.1.PY22-00I7.docx.jn
Daniel M. imon, President
EXHIBIT "A"
SCOPE OF SERVICES
Full Maintenance Services as set forth in this Agreement on the following listed elevators:
A,K. Smiley Library - 125 W. Vine Street, Redlands, CA 92373
Redlands City Hall — 35 Cajon Street, Redlands, CA 92373
Quantity
Type
Manufacturer
Number of
Landings
1
Hydraulic Passenger
Dover
2/2
1
Dumbwaiter
Damatot
2/2
1
Hydraulic.Passenger
MCE
4/4
The Contractor will periodically provide exclusive maintenance service to the Customer utilizing
skilled and qualified personnel directly employed and administered by the Company.
The Company agrees to maintain the elevator equipment listed above by performing the work in
accordance with the terms and conditions of this Agreement. Exceptions to this Agreement must
be referenced by "Supplemental Proposals" attached as a separate Addendum and listed below.
The Company agrees to provide _l_ hour of Preventative Maintenance per month.
In the event that the elevator equipment includes Phase 1 or Phase II Fire Service operation, the
Company will perform monthly testing and record the results in the machine room. Testing to be
performed between the hours of Sam - 4:30pm Monday — Friday. •
Any Alterations to this Agreement will be listed below as Addendum.
In accordance with this Agreement, the Contractor will periodically inspect, adjust, and lubricate
as necessary, Replacement of the following components or equipment will be at the Contractor's
discretion provided that the components or equipment exist on the listed elevator(s) at the time this
Agreement is submitted.
Traction Machine Components:Brakes, Brake Coil, Bearings and Drive Sheave,
Hydraulic Pump Unit Components:Pumps, Valves, Motors, Belts, Valve Magnet Coils.
Governor: Sheave, Shaft Assembly, Bearings, Contacts and Jaws.
All Idler Sheaves: Deflector and Secondary, Car and Counterweight, Compensation and
Governor Tension Assemblies,
Controller Components: Relays, Contactors, Solid -State Components, Resistors, Condensers,
"Transformers, Leads, Timing Devices and Computer Devices.
Selector Components: Drives, Contacts, Brushes, Tapes and Guides,
7
L:\ca\Agreements\Liftech Elevator Services Agreement.NPS-2.1.17Y22-0017.docx.jn
Door Equipment: Interlocks, Contacts, Bottom Door Guides (Gibs), Electronic Detector Edges,
Door Operator, Zone Clutch and Rollers..
Hoistway Limit Switches: Slowdown Switches, Leveling Switches, Cams and Vanes.
Guide Shoes: Rollers, Replaceable liners, Arms and Bushings.
Buffers: Springs or oil, Switches, Seals and Packing.
Fixtures: Contacts, Switches, Buttons, Locks, Lamps, Holders and Indicators.
Motor and Motor Generator Components: Tachometer, Regulator, Field Windings, Rotating
Elements, Commutator, Bearings, Brushes and Brush Holders.
Lubricants specially formulated, tested and selected for the preventative maintenance required.
Lubrication of guide rails (car and counterweight) except where type of guides and/or safety
devices require dry rails.
Periodic Cleaning of elevator pit(s). Periodic draining of the gear case and refilling with new
gear oil.
Labor and Material to attend to the special requirements of hoist cables including periodic
examination, lubrication and equalization. The Contractor will replace hoist cables or governor
cables when the recommended factor of safety is compromised and at the Contractor's discretion.
Where applicable, to periodically inspect group dispatcher, only during regular working hours, and
perform the necessary procedures to provide optimal performance for overall elevator response.
Group performance is subject to the limitations of the equipment and some work may not be safely
completed when group is energized.
Parts Inventory will be maintained by the Contractor during the term of this Agreement. To
minimize downtime and support preventative maintenance- a supply of frequently used parts will
be located in the machine room (where applicable), or in the technician's mobile vehicle. All parts
remain the property of the Contractor until installed.
Wiring Diagrams shall be furnished by the Customer (when available and applicable,) All
diagrams will be maintained for use by Contractor technicians. Diagrams furnished by the
Contractor will remain the property of the Contractor.
It is understood that the Customer will provide the Contractor with unrestricted access to all areas
of the building in which any part of equipment listed in this Agreement is located. The Customer
agrees to keep all associated equipment room(s) and elevator pit(s) free of water and stored
materials.
8
L:\ca\Agreements\Liftech Elevator Services Agreement.NPS•2.I_i'Y22-00I7.doox.jn
Additional Services:
24-Hour Customer Support- The Contractor will provide the Customer with our 24-hour
dispatching service for emergency response to elevator malfunctions. The service includes 24-hour
answering of all preprogrammed elevator phones at no additional charge to Customer, The
Customer may request the Contractor to dispatch a technician to perform minor adjustments and
repairs if an elevator malfunction occurs between regular examinations.
Preventative Maintenance Charts- The Contractor will maintain detailed maintenance charts that
shall remain in the equipment machine room during the term of this Agreement, The charts
illustrate the systematic maintenance schedule followed by Contractor technicians. All
maintenance charts are available to the Customer to ensure the highest quality of service possible.
Administrative Support- The Contractor will assign a supervisor to conduct periodic inspections
of equipment and audits of preventative maintenance charts to ensure quality control. The
Contractor will also appoint an account representative who will be available to discuss
maintenance issues and assist with upgrades or modernizations.
Conditions of Service;
The Contractor's responsibility shall be limited to repairs and replacements required under this
Agreement. These repairs and replacements are based on normal wear and tear and under no
circumstances will the Contractor assume responsibility for the following items unless written as
a Supplemental Proposal and attached as a separate Addendum. Any pre-existing conditions that
may become identified by our technician within a 120-day period shall be excluded. Upon
identification of any pre-existing conditions, Liftech shall supply a proposal for any necessary
repairs. If not authorized to proceed with the necessary repairs, we will maintain the elevator
system in its current mode of operation.
Any and all replacements or repairs that are out of the reasonable and direct control of the
Contractor, including, vandalism, misuse, negligence, and acts of God.
• Any and all modifications to original or existing equipment, including code requirements or
insurance recommendations.
• Emergency power systems, seismic devices, smoke sensors and sensor control equipment,
emergency lighting systems, emergency intercom systems, telecommunication devices, phone
lines, captivate, CE Elite position indicators, security control systems, card reader devices and
audio or video equipment.
• Guide rail replacement and alignment including rail brackets and associated hardware.
• Any and all safety tests.
• Hydraulic plunger or jack unit including: cylinders, liners, heads, wear ring set, plungers,
casings, support brackets, piping, conduit, packing and associated components of the
hydraulic system that are below or above ground.
9
L:\ca\Agreements\Liticch Elevator Services AgreementNPS-2. l.PY22-00I7,docx.jn
• Cab enclosure, including structural members and enclosure panels, removable panels, door
panels, car operating panels, all ceilings and lighting components, handrails, all flooring
material and sub -flooring, fans, heaters, and air conditioning equipment.
• Hoistway enclosures, including hoistway door frames and sills, hoistway doors, swing door
closures, fireproofing material, separator screens, pit ladders, pit lighting circuits, secondary
access doors and grate flooring, waterproofing and water removal.
• Power delivery system, including circuit breakers, disconnects, fuses, power buses, distribution
and isolation transformers, and power feeders.
• All damage to the traveling cables caused by or as a result of coming in contact with
obstructions/elevator equipment in the hoistway is to be excluded from this Agreement.
• Any and all equipment failures resulting from delay in proceeding with needed upgrades in
which,a proposal has been submitted.
• All hoistway and car signal fixture face plates, lenses and any cosmetic attachments.
• Any and all upgrades or revisions related to controller software, relays, boards, drives and
associated electrical components.
• All babbitt style bearings or hoist cable shackles are excluded from repair, upgrade and/or
replacement.
• Replacement of any and all governor rope and hoist cables due to rouging or exposure to
moisture resulting from environmental conditions.
• Replacement of any and all flat hoist belts and associated belt monitoring devices.
Contractor shall not be responsible for any work required, or any claims, liabilities, or damages
caused by adverse machine room conditions (including temperature variations below 65 degrees
and above 90 degrees Fahrenheit) or excessive humidity.
City shall be responsible for the cost of correcting all outstanding elevator code and/or safety
violations pre-existing on the signed date of the Contract.
In time, the current equipment and system design may become outdated. The Company shall not
be responsible for modernizing, upgrading, repairing, re -manufacturing or performing any
improvements due to obsolete, dated technology and component revisions or alterations.
10
L:\ca\Agreements\Liftech Elevator Services Agreement,NPS-2.I,PY22-0017.docx.jn
EXHIBIT "B"
Fee Schedule
A.K. Smiley Library -125 W. Vine Street, Redlands, CA 92373
Redlands City Hall — 35 Cajon Street, Redlands, CA 92373
Date Range
Monthly Rate
Annual Rate
August 1 2022-June 30, 2023
$235.00
$2585.00
August 1, 2022-June 30, 2023
$370.00
$4070,00
Additional Services
$1000,00
TOTAL
$7655.00
it
L:\ca\Agreements\Liftech Elevator Services Agrcernent.NPS-2.1.FY22-0017.docx.jn
EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
_X_ I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
LIFTECH ATOR SERVICES, INC.
By: Date: 08/17/2022
Daniel M. Si on, President
12
L:\ca\Agreements\Lillcch Elevator Services Agrcement.NPS-2.1.FY22-0017.docx.jn