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HomeMy WebLinkAboutReso 1977-8585~J' .. RESOLUTION NO. 8585 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONTRACT BETWEEN THE CITY OF CHULA VISTA AND U. 5. ELEVATOR FOR MAINTENANCE OF ELEVATOR IN THE PUBLIC LIBRARY, AND AUTHORIZING THE MAYCR TO EXECUTE SAID CONTRACT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain contract between the CITY OF CHULA VISTA, a municipal corporation, and U. S. ELEVATOR CORPORATION for maintenance of elevator in the Public Library, dated the 13th day of April, 1977, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. Presented by Approved as to form by -~ ~ L ~ ,~; '~ ~ __ E iGra y, Direc George~~~. Lind eT.~ Wig, City Att ey Buil~ing and Hou g ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 19th day of April ~ 1977 by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde. E~dahl NAYES: Councilmen None ABSENT: Councilmen None VACANCY: Council Seat #3 ATTES Mayor of the City of Chu Vista City Clerk (~ STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I~ , City City of Chula Vista, California, DO HEREBY CERTIFY that a full, true and correct copy of Resolution No. , same has not been amended or repealed. DATED Clerk of the the above is and that the City Clerk UNITED STATES ELEVATOR CORPORATION SERVICE DEPARTMENT CONTRACT A DATE April 13, 1977 UNITED STATES ELEVATOR CORPORATION (hereinafter called the Company) agrees to furnish to: City of Chula Vista 277 4th Avenue Chula Vista CA 92010 (hereinafter called the Purchased, Full Maintenance service on the following listed elevatorlsl located at: Chula Vista Library, 365 F Street, Chula Vista CA 92010 TYPE QUANTITY MAKE JOB or ID NO. LANDINGS AND OPENINGS Hydro Pass. 1 Oliver & Williams 2-2 In Line THE COMPANY AGREES to furnish the following work and materials under this agreement: Periodically pcavide us Elevator service.- Semi-monthly--Clean & lubricate the equipment ag re~u~red. When co itions warrant in the opinion of the Company, adjust, repair or replace Machine, Motor, Generator and Controller parts including: Generator, Worms, Gears, Thrusts, Bearings, Brake Magnet Coils, Brake Shoes, Brushes, Windings, Commutators, Armatures, Coils, Contacts, Resistance Units, Magnet Frames, Sheaves, Shafts, Bearings and Solid State Components. When necessary, repair or renew car guide shoes, counter-weight guide shoes, and gibs; adjust or replace belts and, when necessary, equalize the tension on all hoisting ropes; when necessary, renew all wire rope cables, and repair conductor trail cables; replace fuses; repair wiring for shaftway door interlocks, push buttons, car operating stations; repair or replace renewal parts of the automatic car door operator and other accessory equipment.. Replace indicator bulbs in operating panels and indicators during periodic servicing. Repairs or renewals necessitated by ordinary wear and tear only shall apply to this contract, and the Company shall not be required to make adjustments, repairs, or renewals necessitated by reason of negligence on the part of others, misuse of the equipment, or by reason of any other cause beyond the Company's control. Company shall not be required to make capacity or safety tests nor to install new attachments on the elevator whether or not recommended or directed by insurance ~mpanies or by governmental authorities, nor to make any replacements with parts of a different design. The repair, refinishing or replacement of the following are not included in this agreement: car lighting fixtures, tubes and ballasts; car and hoistway enclosures; car and hoistway door panels, frames and sills; rams and cylinders; underground pipe or conduit; power switches or fuses for same, and power wiring to the controller. REPLACEMENT PARTS The parts listed on the schedule below show considerable wear and will require replacement in the near future. To provide Purchaser with the maximum of service from these parts, the Company will accept them in their present condition with the understanding that Purchaser will pay, in addition to the base amount of this contract, an extra amount at the time the parts listed are replaced. The additional charge for this replacement will be determined by pro-rating the total direct and indirect costs of replacing the individual parts. Purchaser will pay for that portion of the life of the parts used prior to the tlate of this contract and the Company will pay for that portion used since the date of this contract, with proration based on the assumed used life set forth below. SCHEDULE OF PARTS TO BE PRORATED PART YEARS OF USE PRIOR TO THE GATE OF THIS CONTRACT ,~ NONE TROUBLE-CALL ANSWERING SERVICE Should Purchaser request Company to correct trouble which develops wi~h'the elevator equipment between regular routine examina- tions,the Company will absorb the cost of all labor expended at,and in traveling to or from the jobsite in performing the corrective work, -~- ~~ FIEVAT~OR use-aos except premium on overtime. The premium on overtime hours worked and tr;,:;ieu will be billed at Company's standard billing rates and Purchaser agrees to pay the resultant charges in addition to the compensation stipulated herein. Such Trouble-Call Answering Service will ha nrrivided on these terms on a 24-hour, 7-day week basis. TERMS AND CONDITIONS Nothing in this agreement shall be construed to mean that the Company assumes any liability on account of accidents to persons or property except those directly and solely due to negligent acts of the Company or its employees, and the Purchaser's own responsibility for accidents to persons or properties while riding on or being on or about the aforesaid equipment is in no way affected by this Agree- ment. It is agreed that, when not working in, about or on the said equipment the Company does not assume the management or control thereof. At any time the Company's serviceman is servicing the equipment, the Company is asserting possession and control only over the specific component being serviced at any given moment, and possession and control of the remainder of the equipment shall remain with the Purchaser. The Company shall not be responsible for any situation that may occur that cannot be revealed by the ordinary inspection methods offered witn this service, such as checking the leveling of cars at landings, erratic operation of car and/or shaft doors and/or their locking devices. err.. The Company shall not be held responsible or liable for any loss, damage, detention, or delay caused by accidents, strikes, lockouts, fire, floods, acts of. civil or military authorities, or by insurrection or riot, or by any other cause which is unavoidable or beyond its con- trol. I n no event shall Company be liable for consequential damages. No work, service or liability on the part of the Company other than that specifically mentioned herein is intended. Purchaser agrees that Company, in performing work under this Contract, shall be bestowing its skill and services necessary for the construction and for proper maintenance of the construction of the elevatorls) at the job site. The Purchaser agrees to keep the elevator pit(s) and motor room(s) free from water and rubbish; to give the Company written notice within twenty-four hours of any accident, alteration or change affecting the equipment; to discontinue immediately the equipment from service when it becomes unsafe or operates in a manner which might cause injury to a user thereof; and to maintain surveillance of the equipment for such purposes. In the event of the sale, lease or other transfer of the elevators or dumbwaiters described herein, or the premises in which they are located, customer agrees to see that such purchaser is made aware of this contract and assumes and agrees to be bound by theterms hereof for the balance of the contract, and subject to termination as herein provided, or otherwise be liable for the full unpaid balance due for the full unexpired term of the contract; provided, however, that in any such case The Companv may in its sole discretion termi- nate the contract with any such successor at any time upon thirty (30) days' advance notice in writing. In the event of breach of this contract or the failure to pay any sum due hereunder within thirty (30) days from billing date,The Compa- ny may at its option declare all sums due or to become due under this contract fog the unexpired term of the contract, immediately due and payable, as liquidated damages, and until the same are paid, be discharged from any further obligations under this contract. In the event of suit by The Company to collect any money due it under this contract or damages for its breach, it shall be entitled to recover as part of the judgment in any such action all attorneys' fees and costs reasonably incurred by it in connection with such action.. TERM This service shall commence on the 1ST day of May 19 77 ,and shall continue thereafter until terminated. Either party may terminate this agreement at the end of the first five years or at the end of any subsequent five year period by giving the other party ninety (90) days prior written notice. COMPENSATION The price for the service as stated herein shall be S1XtV and N~~l~~ Dollars ($ ()~ , ~0 1, per month, payable monthly upon receipt of the invoice. The price set forth above shall be adjusted at the end of each year this Agreement is in effect to compensate for changes in the cost of labor and material. The price as adjusted shall be effective for the following year. Adjustments shall be made on the following basis: Twenty-five per cent of the contract price shall be increased or decreased by the percentage of increase or decrease shown by the index of "Wholesale Commodity Prices for Metals and Metal Products" published by the U. S. Department of Labor, Bureau of Statistics, for the month within the yearly adjustment date falls. Seventy-five per cent of the contract price shall be increased or decreased by the per- centage of increase or decrease in the straight time hourly rate for elevator examiners, in the locality where the equipment is to be main- tained on the yearly adjustment date. For the purpose of this agreement and subsequent adjustments, the straight time hourly rate for elevator examiners shall equal the actual hourly rate paid to the elevator examiners plus the fringe benefits granted in lieu of, or in addition to, hourly rate increases. Fringe bene- fits include but are not limited to, pensions, vacations, paid holidays, group fife insurance, sickness and accident insurance, and hospitali- zation insurance. ENTIRE AGREEMENT This document shall become a valid contract only when accepted by Purchaser and subsequently by an Authorized Representative of the Company, and shall constitute the entire agreement between the parties. Art representations on which this contract is based have been expressly set out in this agreement. No agent, representative, or employee of the Company shall have the authority to waive any provision of the document. Accepted City of Chula Vista LEGAL NAME OF PURCHASER SUBMITTED FOR: UNITED STATES ELEVATOR CORPO ATION By `/%/it~~~, ~~ 277 Fourth Avenue, CV 12 ADDRESS By Title Mayor Date 4 -19 - 7 7 AT~m~sFDN~. Lynch, Ap~5lications Engineer UNITED STATES ELEVATOR CORPORATION By Title -2- ~~ ELEVATOR ~ w~ar,r a cwc caon.ra~ USf - 305 Date UNITED STATES ELEVATOR CORPORATION SERVICE DEPARTMENT CONTRACT A DATE April 13 , 1977 UNITED STATES ELEVATOR CORPORATION (hereinafter called the Company) agrees to furnish to: ,~? ~~ r ~/)-~ ~. ~.~-> , ~_,~. _..~'-% ^ '1~y~1~ A~~ ~ City ~f Chula Vista 277 4th Avenue Chula Vista, CA 9241(? (hereinafter called the Purchaserl, Full Maintenance service on the following listed elevator(s) located at: Chula Vista Li_brary, 365 F Street, Chula Vista, GA 92Q10 TYPE QUANTITY MAKE JOB or ID NO. LANDINGS AND OPENINGS Hydro Pass. 1 Oliver & Williarr.~ 017639=1 2-2 Tn Line THE COMPANY AGREES to furnish the following work and materials under this agreement: Periodicall" p ovide S Elevator service.- 5e 11.-Y?'tQnt~'lly--C1£.'e3n & 111br~.CSte the ~qui~?Ii1+3nt as rec~~ii~re~'. When con itions'warrant in the opinion of the Company, adjust, repair or replace Machine, Motor, Generator and Controller parts including: Generator, Worms, Gears, Thrusts, Bearings, Brake Magnet Coils, Brake Shoes, Brushes, Windings, Commutators, Armatures, Coils, Contacts, Resistance Units, Magnet Frames, Sheaves, Shafts, Bearings and Solid State Components. When necessary, repair or renew car guide shoes, counter-weight guide shoes, and gibs; adjust or replace belts and, when necessary, equalize the tension on all hoisting ropes; when necessary, renew all wire rope cables, and repair conductor trail cables; replace fuses; repair wiring for shaftway door interlocks, push buttons, car operating stations; repair or replace renewal parts of the automatic car door operator and other accessory equipment.. Replace indicator bulbs in operating panels and indicators during periodic servicing. Repairs or renewals necessitated by ordinary wear and tear only shall apply to this contract, and the Company shall not be required to make adjustments, repairs, or renewals necessitated by reason of negligence on the part of others, misuse of the equipment, or by reason of any other cause beyond the Company's control. Company shall not be required to make capacity or safety tests nor to install new attachments on the elevator whether or not recommended or directed by insurance companies or by governmental authorities, nor to make any replacements with parts of a different design. The repair, refinishing or replacement of the following are not included in this agreement: car lighting fixtures, tubes and ballasts; car and hoistway enclosures; car and hoistway door panels, frames and sills; rams and cylinders; underground pipe or conduit; power switches or fuses for same, and power wiring to the controller. REPLACEMENT PARTS The parts listed on the schedule below show considerable wear and will require replacement in the near future. To provide Purchaser with the maximum of service from these parts, the Company will accept them in their present condition with the understanding that Purchaser will PaY, in addition to the base amount of this contract, an extra amount at the time the parts listed are replaced. Ths additional charge for this replacement will be determined by pro-rating the total direct and indirect costs of replacing the individual parts. Purchaser will pay for that portion of the life of the parts used prior to the date of this contract and the Company will pay for that portion used since the date of this contract, with proration based on the assumed used life set forth below. PART TROUBLE-CALL ANSWERING SERVICE SCHEDULE OF PARTS TO BE PRORATED YEARS OF USE PRIOR TO THE DATE OF THIS CONTRACT rt©~~~: Should Purchaser request t;ompany to correct trouble which develops with the elevator equipment between regular routine examina- tions,the Company will absorb the cost of all labor expended at,and in traveling to or from the jobsite in performing the corrective work, ~~ A~T~ USE-305 except premium on overtime. The premium on overtime hours worked and tr;,~:;ia_o will be billed at Company's standard billing rates and Purchaser agrees to pay the resultant charges in addition to the compenation stipulated herein. Such Trouble-Galt Answering Service will hP nrnvided on these terms on a 24-hour, 7-day week basis. TERMS AND CONDITIONS Nothing in this agreement shall be construed to mean that the Company assumes any liability on account of accidents to persons or property except those directly and solely due to negligent acts of the Company or its employees, and the Purchaser's own responsibility for accidents to persons or properties while riding on or being on or about the aforesaid equipment is in no way,affected by this Agree- ment. It is agreed that, when not working in, about or on the said equipment the Company does not assume the management or control thereof. At any time the Company's serviceman is servicing the equipment, the Company is asserting possession and control only over the specific component being serviced at any given moment, and possession and control of the remainder of the equipment shall remain with the Purchaser. The Company shall not be responsible for any situation that may occur that cannot be revealed by the ordinary inspection methods offered witn this service, such as checking the leveling of cars at landings, erratic operation of car and/or shaft doors and/or their locking devices. err.. The Company shall not be held responsible or liable for any loss, damage, detention, or delay caused by accidents, strikes, lockouts, fire, floods, acts of. civil or military authorities, or by insurrection or riot, or by any other cause which is unavoidable or beyond its con- trol. In no event shall Company be liable for consequential damages. No work, service or liability on the part of the Company other than that specifically mentioned herein is intended. Purchaser agrees that Company, in performing work under this Contract, shall be bestowing its skill and services necessary for the construction and for proper maintenance of the construction of the elevator(s) at the job site, The Purchaser agrees to keep the elevator pills) and motor room(s) free from water and rubbish; to give the Company written notice within twenty-four hours of any accident, alteration or change affecting the equipment; to discontinue immediately the equipment from service when it becomes unsafe or operates in a manner which might cause injury to a user thereof; and to maintain surveillance of the equipment for such purposes. In the event of the sale, lease or other transfer of the elevators or dumbwaiters described herein, or the premises in which they are located, customer agrees to see that such purchaser is made aware of this contract and assumes and agrees to be bound by theterms hereof for the balance of the contract, and subject to termination as herein provided, or otherwise be liable for the full unpaid balance due for the full unexpired term of the contract; provided, however, that in any such case The Companv may in its sole discretion termi- nate the contract with any such successor at any time upon thirty 130) days' advance notice in writing. In the event of breach of this contract or the failure to pay any sum due hereunder within thirty (30) days from billing date,The Compa- ny may at its option declare all sums due or to become due under this contract fog the unexpired term of the contract, immediately due and payable, as liquidated damages, and until the same are paid, be discharged from any further obligations under this contract. In the event of suit by The Company to collect any money due it under this contract or damages for its breach, it shall be entitled to recover as part of the judgment In any such action all attorneys' fees and costs reasonably incurred by it in connection with such action.. TERM This service shall commence on the ~''~T day of ~Sy 19 7~ ,and shall continue thereafter until terminated. Either party may terminate this agreement at the end of the first five years or at the end of any subsequent five year period by giving the other party ninety (90) days prior written notice. COMPENSATION ~~~~ ~nC~ ~~O ~a~ ~~ The price for the service as stated herein shall be y ~ Dollars ($ ~~ • ), per month, payable monthly upon receipt of the invoice. The price set forth above shall be adjusted at the end of each year this Agreement is in effect to compensate for changes in the cost of labor and material. The price as adjusted shall be effective for the following- year. Adjustments shall be made on the following basis: Twenty-five per cent of the contract price shall be increased or decreased by the percentage of increase or decrease shown by the index of "Wholesale Commodity Prices for Metals and Metal Products" published by the U. S. Department of Labor, Bureau of Statistics, for the month within the yearly adjustment date falls. Seventy-five per cent of the contract price shall be increased or decreased by the per- centage of increase or decrease in the straight time hourly rate for elevator examiners, in the locality where the equipment is to be main- tained on the yearly adjustment date. For the purpose of this agreement and subsequent adjustments, the straight time hourly rate for elevator examiners shall equal the actual hourly rate paid to the elevator examiners plus the fringe benefits granted in lieu of, or in addition to, hourly rate increases. Fringe bene- fits include, but are not limited to, pensions, vacations, paid holidays, group life insurance, sickness and accident insurance, and hospitali- zation insurance. ENTIRE AGREEMENT This document shall become a valid contract only when accepted by Purchaser and subsequently by an Authorized Representative of the Company, and shall constitute the entire agreement between the parties: All representations on which this contract is based have been expressly set out in this agreement. No agent, representative, or employee of the Company shall have the authority to waive any provision of the document. Accepted City of Chula Vista LEGAL NAME OF PURCHASER 277 Fourth Avenue, CV 10 ADDDRESS Title Mayor Date 4-19-77 SUBMITTED FOR: UNITED STATES ELEVATOR CORPO ATION By /~/ ~ Gi Thor~AS t~. Lynch, A cat. vns ~n~ineex ACCEPTED FOR: UNITED~STATES.ELEV TOR;CORPORATION -.. ' ~~ ,1 1 Title ~ ~ (,- ) ') Date -2- ~~ ElEVA'i~OR A ~Ibg1Yr d C~bC CopdMl01 USf - 305