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HomeMy WebLinkAboutAMTECH ELEVATOR SERVICESC`J INSURANCE ON FILE WORK MAY PROCEED No UNTIL INSURANCE EXPIRES aD 1Z/0I Im CLERK OF COUNCIL DATE' CONTRACTOR AGREEMENT CITY OF SANTA ANA A-2020-143 THIS AGREEMENT is made and entered into on this 7th day of July, 2020 by and AMTECH Elevator Services, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of elevator maintenance and repair services per RFP 20-068. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF Work Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope of Work, which is attached hereto as Exhibit A, and incorporated herein by reference, and Contractor's proposal attached hereto as Exhibit B, and incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $957,000 (including extension periods). This sum shall be comprised in the amount of $1 16,400 annually with a contingency amount of $75,000 for a total annual cost of $191,400 during the initial three (3) year tern of this agreement and for any extension periods exercised by the City per Section 3, below. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page I of I 1 3. TERM This Agreement shall commence on July 1, 2020 for a three (3) year term with the option for the City to grant up to two (2) one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of Page 2 of 11 authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and Page 3 of 11 effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. g. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, but only to the extent caused by the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, the above indemnity shall be limited, to the extent caused by the negligence, recklessness, or willful misconduct of the Contractor. Page 4 of 11 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 5 of I 1 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Page 6 of 11 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 7 of 11 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Contractor: Attn: Abdalla Robbin Business Development Manager AMTECH Elevator Services 12921 166th Street Cerritos, CA 90703 Fax: (714)231-5609, (860)755-4189 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States snail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. [Signatures on the following page] Page 8 of 1 l IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez i Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: V Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: a it Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager AMTECH ELEVATOR SERVICES X .i5-ZdZU Tom Bertsch Branch Manager Page 9 of 11 EXHIBIT A Appendix ATTACHMENT 1: SCOPE OF WORK SCOPE OF WORK PROJECT OVERVIEW The City of Santa Ana is seeking bids from qualified, experienced contractors to provide elevator maintenance and repair services at the following locations: City Hall (includes wheelchair lift) 20 Civic Center Plaza Santa Ana, CA 92701 City Hall/Ross Annex 24 Civic Center Plaza Santa Ana, CA 92701 Corporate Yard 215 S. Center Street. Santa Ana, CA 92703 Santa Ana Main Library 26 Civic Center Plaza Santa Ana, CA 92701 Santa Ana Zoo 1801 Chestnut Place Santa Ana, CA 92701 Santa Ana Regional Transportation Center 1000 E. Santa Ana Blvd. Santa Ana, CA 92701 El Salvador Community Center (wheelchair lift) 1825 W. Civic Center Drive Santa Ana, CA 92703 Police Department 60 Civic Center Drive Santa Ana, CA 92701 Southwest Senior Center (wheelchair lift) 2201 W. McFadden Ave Santa Ana, CA 92704 ROUTINE PREVENTATIVE MAINTENANCE WORK The preventative maintenance specified is considered the minimum for all equipment. If specific equipment covered by this contract requires additional maintenance for safe and reliable operation the Contractor shall perform the required maintenance. The scope is full maintenance to regularly and systematically examine, lubricate, clean and adjust vertical transportation equipment and provide callback service and, as conditions warrant, repair or replace portions of the vertical transportation equipment included under the following with the exclusions as outlined in the section Excluded Services. Contractor's employees conducting elevator maintenance at the Police Department will have escorted access and will be continuously monitored while working at the Police Facility. Projects requiring permanent or semi -permanent assignment to the Police Facility for one to eight weeks will require a LiveScan, at Contractors expense. Proposer agrees to regularly and systematically examine, clean, lubricate and adjust the vertical transportation equipment and provide call-back service and, as conditions warrant, repair or replace all portions of the vertical transportation equipment included under this contract with the following exclusions only: 1. Repairs required because of negligence, accident, or misuse of the equipment by anyone other than the Contractor, his employees, sub - Contractors, servants or agents, or other causes beyond the Contractor's control except ordinary wear. 2. Repairs or replacement building items, such as hoistway or machine room walls and floors, car enclosures, car finish floor material, hoistway entrance frames, doors and sills, telephone equipment and signal fixture faceplates. 3. Mainline and auxiliary disconnect switches, fuses, and feeders to control panels. 4. Lamps for car and machine room illuminations. In performing the above -indicated work, Contractor agrees to provide only genuine parts used by the manufacturers of the equipment for replacement or repair, and to use only those lubricants obtained from and/or recommended by the manufacturer of the equipment. PERFORMANCE REQUIREMENTS Proposer agrees to maintain the following minimum performance requirements of the elevators designated below: 1. Speed as certified: +/- 5% under any loading condition. 2. Capacity: Safety lower, stop and hold up to 125% rated load. 3. Leveling: +/- 3/8" under any loading condition. 4. Door Closing Time, Thrust and Kinetic Energy shall comply with ANSI Code. 5. Floor to Floor Performance Time: Floor to floor performance time (from time doors starts closing atone floor to fully opened and level on next successive typical floor, regardless of loading conditions or direction level). In accomplishing the above requirements, Contractor shall maintain a comfortable elevator ride with smooth acceleration, retardation and a soft stop. Door operation shall be quiet and positive with smooth checking at the extremes of travel. MAINTENANCE PROCEDURES The scheduling, frequency, and performance of the maintenance service procedures specified above shall be carried out in accordance with the manufacturer's established procedures. The contract shall constitute the entire agreement between the parties and all prior representations and agreements, whether written or oral, are merged herein. The Contractor does not assume possession, management, or control of any part of the equipment. The Contractor shall not, in any event, be responsible for or liable for any loss or damage resulting from the overloading and/or misleading of elevator, escalator, or other device covered by this contract and its rated capacity or operation of said equipment, orfor any loss, damage, detention, delay, or for any failure to perform resulting from accidents, strikes, lock -outs, fire, explosions, water, flood, wind, malicious mischief, war, acts of civil or military authority, insurrection, riot act of God, or any consequential damage. The City agrees (except during periods of the inspection and work required by the terms of this contract, when and if the Company's employees actually take charge of the equipment), the control over, the management, observation, and operation of the equipment is and remains the full and sole responsibility of the City. The City shall immediately shut down any equipment from service when it appears to the City to be unsafe or operating in a manner which might cause injury to anyone using said equipment; and will give the Contractor written notice within a reasonable period of time of any accident, alteration, or change affecting the equipment covered by this contract. The contract shall be binding upon the heirs, personal representatives, successors, and permitted assigns of the parties hereto. The Agreement shall become a valid and binding contract only when accepted and signed by the City representative; and subsequently approved and signed by an Officer of the Contractor. This contract shall not be changed, modified, or terminated and none of its terms or conditions shall be waived orally, but only in writing, signed by the City and by an officer of the Contractor. A waiver at any time of the terms and conditions of this contract shall not be considered a modification, cancellation, or waiver of such terms and conditions. HOURS OF SERVICE The Contractor shall perform all work hereunder, except, emergency minor adjustment callback service, during the regular working hours and the regular working days of the elevator trade. Should the City request examination, cleaning, lubrication, adjustments, repairs, or replacements of elevator equipment be performed during other than regular working hours of the elevator trade, the Contractor shall absorb the straight time labor changes, and the City will compensate the Contractor for the overtime bonus hours at the Contractor's normal billing rates. CONDITIONS OF SERVICE- GENERAL, ALL UNITS The City is to provide the Contractor with full and free access to the equipment to render service thereon. Except at the Police Department where all technicians will be escorted by Police Department staff. Contractor shall maintain, at all times the original contract speed in feet per minute. Perform all adjustments required to maintain the proper door opening and closing time, within limits of applicable codes. Check the operating system for each unit or group of units continuously and make necessary test and corrections to ensure all circuits are correct and time settings are properly adjusted. Contractor shall conduct periodic evaluations of equipment performance, including car speed, door operations, riding quality, and car leveling. Following such evaluations, the Contractor shall perform adjustment, repairs, and replacements required to maintain manufacturer's operating performance. A copy of evaluations will be left with City and reviewed with him on request. ALTERATIONS AND ADDITIONS Contractor shall make no alterations or additions to the equipment without prior written approval from the City. The maintaining of this equipment in a safe condition within proper operating limits, as originally specified, and with minimum downtime is of paramount importance. INVENTORY The Contractor shall own and maintain a sufficient amount of replacement parts, by the original manufacturer or approved equal, to maintain the equipment in first-class and safe operating condition. MICROPROCESSORS AND REPROGRAMMING The Contractor shall maintain, in stock, available for immediate usage, an inventory of replacement parts for any microprocessor equipment used in the elevator system. The Contractor shall have full capabilities to reprogram or change the program of the elevator microprocessor. The Contractor's service technicians shall carry diagnostic equipment designed to analyze programming and microprocessor functions and malfunctions. All diagnostic equipment, microprocessor printed circuit boards, solid state circuitry parts, and reprogramming capabilities shall be of the original manufacturer's parts only. The specification herein relates to furnish of materials and services at the premises upon the equipment enumerated at the rate prescribed in the Contractors proposal and upon the terms and conditions as stated hereinafter: In the performance of this contract, the Contractor agrees he will abide by all existing laws, codes, rules and regulations set forth by all appropriate authorities having jurisdiction in the location where the work is to be performed. Contractor shall make periodic test and maintenance inspections of all elevator equipment as required by current applicable safety codes for elevators, dumbwaiters, escalators, and moving walks. Written reports of said tests shall be submitted to City and, in the case of running safety tests, prior notification shall be given so that a representative of City may witness said test. Contractor shall not be required under this agreement it install new attachments as may be recommended or directed by insurance companies, federal, state, municipal, or governmental authorities, subsequent to the date of contract, unless compensated for such installation. EMPLOYEES OF CONTRACTOR TO BE SATISFACTORY Contractor agrees that all work shall be performed by and under the supervision of skilled, experience, elevator service, and repairmen directly employed and supervised by Contractor. Any and all employees performing work under this contract shall be satisfactory to City. EXTENT OF COVERAGE The work to be performed by the Contractor consists of furnishing all material, labor, supervision, tools supplies, and equipment necessary to provide full maintenance service; including; all inspections, adjustments, test, parts replacement, and repairs to keep the elevators covered under this contract in continuous use at their established capacity and efficiency for their intended purpose. Elevators shall be maintained in first- class operating condition to meet the elevator's initial performance ability. All maintenance adjustments and repairs shall be in compliance with the latest American National Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks: ANSI A17.1 including supplements (hereinafter referred to as ANSI A17.1) Contractor shall be responsible for regular systematic execution of the work items included in this contract as follows: EXTENT OF COVERAGE — TRACTION ELEVATORS Police Administration Building and Holding Facility Regularly and systematically examine, clean, lubricate, adjust and when conditions warrant, repair or replace the following: • Elevator Machine — Geared • Controllers, Selectors, Dispatcher, and Relay Panels • Machine Brakes and Brake Pulleys and Parts thereof, including: • Hoisting Motors • Selector Motors, Exciter and Regulator • Worms, Gears and Thrusts • Bearings • Rotating Elements • Brake Magnet Coils • Brushes, Brush Holders, and Commutators • Brake Shoes, Linings, and Pins • Windings and Coils • Contacts, Relays and Timers • Resistors and Transformers • Solid State Devices • Emergency Lighting, if furnished and installed by same manufacture • Fireman's Service Equipment • Deflector, Secondary and all other Sheaves, Shafters, Bearings, and Assemblies • Automatic Power Door Operators, Landing and Car Door Hangers, Landing and Car Door Contacts, Door Protective Devices, Hoistway Door Interlocks, Bottom Door Guides, Manual Door Closures, and Auxiliary Door Closing Devices Keep guide rails properly lubricated, except where roller guides are used. Replace guide shoe gibs or rollers, when conditions warrant, to provide smooth and quiet operation. Repair or replace control cables, when conditions warrant. Periodically drain the gear case, flushing to remove sediment and grit, and refill with new gear oil. Re -lamp all signals. Furnish lubricants compounded to the Contractor's specifications. Periodically examine, clean, lubricate, adjust, and when conditions warrant, repair or replace the following safety devices: • Interlocks and Door Closers • Car and Counterweight Buffers • Overspeed Governors, Governor Tension Sheave Assemblies, and Car and Counterweight Safeties • Limit, Landing and Slowing Switches • Door Protective Devices and Alarm Bells Conduct a yearly no-load, low speed test of car and counterweight safeties and a test of buffers. Periodically equalize the tension in all hoistway ropes. Replace all wire ropes and fastenings, when conditions warrant. Examine and when conditions warrant, regroove or replace all sheaves, governor tension sheaves, secondary or deflection sheaves, and compensation sheaves. Periodically examine, lubricate, adjust and when conditions warrant through normal wear and tear, repair or replace the following accessory equipment: • Car and Corridor Operating Push -buttons • Load Weighing Equipment • All Hall Lanterns, Car Positions, and Hall Position Indicators, Lobby Control Panels, Car Operation Panels, and all other Signal and Accessory Facilities furnished and installed as part of the whole equipment. Periodically clean all elevator machine rooms, secondary areas, elevator hoistways, and pit areas. Contractor will be responsible for keeping the machine rooms, the exterior of the machinery, and any other parts of the equipment subject to rust, properly painted, identified, and presented to all times. During the course of each examination, all accumulated refuse in the pit areas will be discarded. Annual clean the elevator hoistway and related equipment including rails, inductors, hoistway door hangers and track relating devices, switches, buffers, car tops and pit areas. Steel parts cabinets will be maintained in the machine room areas to provide for the orderly storage of replacement components. Perform the following tests on the elevator equipment: Tests of the car and counterweight safeties, governors, buffers, and all other safety devices. The car balance will be checked and the governor set. If required, the governor will be Re -calibrated and sealed for proper tripping speed. All tests performed on the elevator equipment described herein will be in accordance with the most recent ANSUASME Al Code requirements. Written reports of all tests shall be submitted and reviewed with the City of the property within thirty (30) day following completion of all tests. Check the group dispatching systems and make necessary tests to insure that all circuits and time settings are properly adjusted, and that the system performs as designed and installed on an annual basis. Bi-Annual testing of the Fireman's Emergency Service operation will be performed to assure proper operation of the system. EXCLUDED SERVICES The following items of elevator equipment, hoistway, and machine room enclosures are not included in this contract: ELEVATORS -ALL Refinishing, repairs to, or replacement of elevator car enclosures (including removable panels), car gates, plenum chambers, hung ceiling, elevator handrails, mirrors, light diffusers, fixtures and bulbs, emergency lighting including battery, car sill(s), car flooring and platform. Hoistway enclosure, including hoistway door panels, frames, sills, fascia, hoistway gates, and hoistway cleaning. Signal fixture and operation station cover plates or plastic inserts. Braille and tactile plates. Telephones or communication systems, Key mortise cylinders, instruction or warning signs in connection with the use of the equipment by passengers. Electric power supplies for equipment operation including signals and lighting; power switches, circuit breakers, or fuses and feeders to the controllers. Emergency power systems, mainline shunt trips and emergency power transfer switches. Telephones installed by others, smoke and heat detectors with related wiring and annunciation panels, air conditioning or cooling systems heating systems cad keys, or touch pads, intercom, music or security systems, computer devices, keyboards or display units. Failure of hydraulic jack unit, buried or unexpected pipe or conduit from any cause including, but not limited, to corrosion or electrolysis. It is mutually agreed that all repairs and replacements covered by this Agreement are limited to those necessitated by normal wear and tear, and that we shall not be required to replace or repair equipment by reasons of negligence or misuse by others or for any cause beyond our control; including, but not limited to incorrect use of key switches, damages to the equipment by acts of God, forces or elements or changes in the normal environment and/or operating conditions. We shall not be required to alter existing equipment, or make replacements of obsolete or discontinued parts or part of changed design whether recommended by you or directed by insurance companies, consultants, third party audits or any governmental authority. Unless provided elsewhere in this Agreement, any step/skirt performance index test or modifications, replacements or repair necessary to meet the performance index on your escalators that are required by applicable laws are not included in this Agreement. Unless provided for elsewhere in this Agreement, any periodic safety tests required by applicable laws or codes are not included under this Agreement, but will be performed by Contractor upon request from the City and will be billed at regular billing rates. Contractor shall not be responsible for any inspection fees, license, fees, certificate fees or witness fees for any testing equipment which may be required by governmental or other authorities. City assumes responsibility for the cost of correcting all Elevator Code violations existing on the date the contract is effective. If such Code violations or other outstanding safety violations are not corrected in accordance with this Contract, AMTECH ELEVATOR SERVICES may cancel this Contract by providing thirty (30) days written notice. Cleaning, adjustments, parts and repairs, which are not specifically included herein, are excluded. Such additional work, when necessary, and authorized by you, shall be performed at our regular billing rates for material and labor including travel time and expenses. The Contractor shall be required to make all tests specified by governing code and ordinances, but shall not be required to install new devices on the equipment, which may be recommended or directed by insurance companies, federal, state, municipal, or other authorities, to make changes or modifications in design, to make any replacements with parts of a different design, or to perform cleaning of cab interior and exposed sills. State Testing Hydraulic: Code requires an annual pressure relief valve test or a five year load test. Traction: Code Requires and annual test or five year test Wheelchair: Code requires a load test dependent on installation These tests are not included in the Contract. The City agree to allow the Contractor to conduct the tests on these units and it will be an addition to the contract with proposals submitted by the Contractor's Representative. You agree to keep a record of such tests and to provide this record to AMTECH . Pre -Existing Conditions: Due to the conditions of the existing elevators (excluding Jail/PD), the City is subject to pre- existing repairs if applicable due to the condition of the elevator from the previous vendor. Proposal(s) will be issued where applicable by the Contractor. LIQUIDATED DAMAGES When an elevator is out of service for a period in excess of forty-eight (48) hours, due to Contractor's neglect or failure to comply with the provisions of this specifications, and should the Contractor fail to respond with a qualified service man under the time frame indicated herein, it is mutually agreed that the City may withhold as liquidated damages for each twenty-four (24) hour period thereof, the sum of Two Hundred Fifty Dollars ($250.00) from the succeeding month's billing for each failure to timely respond to a request for services. Further, it is mutually agreed that this sum is set our as liquidated damages because of the impossibility of determining the amount of actual damages the City would suffer as a result of the Contractor's failure to comply with this provision. WIRING DIAGRAMS, INSTRUCTION MANUALS, ETC. The Contractor agrees to furnish a complete set of electrical wiring diagrams for all of the equipment covered by this contract, together with all supplemental information, such as instruction manuals, lubrication charts, etc., that pertain to the equipment covered in this agreement. Should the Contractor not have this information available, the City agrees to furnish this information to the Contractor, to the extent available, at the Contractor's expense. However, requiring that the Contractor provide this information shall be considered part of his previous experience with this specific type of equipment. CONTRACTOR QUALIFICATIONS Bids shall be considered only from Contractors who, in the judgement of the City, are regularly established in business, are financially responsible, and are able to show evidence of satisfactory past performance and competence. Each Contractor must furnish evidence, satisfactory to the City, specifically stating members of the firm, and the firm itself, have satisfactory maintained elevators of the exact type included in the specifications for a period of at least five (5) years. To be entitled to consideration, the Contractor shall furnish a statement to the effect that he has available under his direct employment and supervision the necessary organization and facilities, located within the City, to properly fulfill all the services and conditions required under these specifications; and that personnel trained in the maintenance of this type of equipment will be employed under this Agreement. References should include equipment description, location, point of contact, and telephone number. At least two (2) mechanics shall have previous experience (OEM Standard) with the computer logic equipment. Specify name(s) of primary route mechanic(s) for this project, along with brief resume. The Contractor must have been successfully engaged in his business of such work and licensed as performed for a period of not less than five (5) consecutive years personal experience in supervising maintenance crews. ADDITIONAL REQUIREMENTS The Contractor shall be an independent Contractor capable of providing experienced, knowledgeable and professional staff. The Contractor shall adhere to established schedules. The Contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes. The Contractor shall furnish a qualified elevator mechanic on the job site for performance of examinations and preventative maintenance. Said elevator mechanic shall provide preventative maintenance at the job site as follows: Hydraulic elevators — 45 minutes to 1 hours Traction elevators —1 to 2 hours Wheelchair lifts — 30 minutes Contractor's mechanic shall check into the manager's or maintenance office when he arrives and when he leaves the building. Copies of mechanic's time ticket verifying time spent on each visit, shall be left with building manager or maintenance supervisor. ---End of SCOPE OF WORK Section.--- EXHIBIT B Page 1 I of 1 I MTECN Elevator Services Pacific Coast Elevator DBA Amtech Elevator Services RFP NO: 20-068 Elevator Maintenance and Repair Services City of Santa Ana May 2020 Submitted by: Abdalla Robbin, MBA TABLE OF CONTENTS STATEMENT OF QUALIFICATIONS A. Cover Letter - 1 C. Firm and Team Experience 4-6 D. Understanding Scope of Services 7-9 E. Relevant Project Experience 10 F. References FEE SCHEDULE — SUMBITTED SEPARATELY CERTIFICATIONS H. Non Collusion Affidavit I. Non -Lobbying Certification J. Non- Discrimination Certification ADDITIONAL MATERIAL Exhibit A — CQCC License Exhibit B — CSLB C-11 License Exhibit C — W-9 Exhibit D — City of Santa Ana — Business License Exhibit E — Team Resumes Exhibit F —Addendum No. 1 — Acknowledged STATEMENT OF QUALIFICATIONS E� Services May 19, 2020 City of Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92071 RE: RFP NO: 20-068 Elevator Maintenance and Repair Services Dear Mr. Lomeli, Thank you for inviting Amtech Elevator Services to provide pricing for the above referenced bid. We appreciate your time and effort in allowing us to tour the facilities and answer any questions we had. We greatly recognize the City of Santa Ana's needs and we have composed a bid package to meet them. In the package enclosed, Amtech has provided a complete bid including the statement of qualifications, company history, team experience, references, qualifications and fee schedule. Based on the criteria for evaluation, we hope you find Amtech Elevator Services as the company that is best suited to partner with the City to meet it's elevator needs. If you have any questions, please feel free to contact our Business Development Manager, Abdalla Robbin at (714) 231-5609. Sincerely, Thomas Bertsch General Manager Amtech Elevator Services MTECH Elevator Services Firm and Team Experience COMPANY INFORMATION Amtech Elevator Services 12921 166th St. Cerritos, CA 90703 Office Phone Number: (714) 231-5609 Office Fax: (860) 755-4189 www.amtechelevator.com CONTACT INFORMATION Abdalla Robbin, MBA. Business Development Manager Cell Phone: 714-231-5609 Fax: 860-755-4189 abd alla. robbin(cbamtechelevator. com DETAILED HISTORY OF THE FIRM INTRODUCTION/EXECUTIVE SUMMARY Introduction Amtech was founded in 1960 and is today the largest independent elevator company in Southern California. We maintain, repair, retrofit, modernize and install all types of vertical transportation systems including elevators, escalators and lifts. We currently have two offices in Southern California (Cerritos and Glendale) and service over 8,000 elevators with a staff of over 50 office and 120 field respectively. Amtech Cerritos currently services in excess of 4,500 elevators in San Bernardino, Riverside, Orange, Los Angeles and San Diego Counties. Though we are a local company, we are owned by Otis Elevator. This gives us the advantage of access to worldwide engineering support, one of the largest parts inventories in the country, and a comprehensive safety program. Through a network of local account management, experienced workmanship, dispatching, and warehousing, we take great pride in delivering added value and satisfaction tailored to the individual needs of your elevator and building. In addition, our field staff, all COCC licensed mechanics, are trained and experienced in all types of makes and models. Amtech currently services various locations in public or quasi -public locations. These include malls, convention centers, theme parks, hotels, hospitals, CI MTECH Elevator Services universities and schools. Currently, the City of Santa Ana is one our customer as we service the Jail/PD facility. With exposure to public settings, Amtech is equipped with handling specific issues. Such issues include reduced downtime to improve customer/guest satisfaction and safety protocols to deal with the public. In terms of reduced downtime, this process begins with trouble call placement. Once the City places a call, Amtech's 24-7 dispatchers will transmit the call to the mechanic and provide the City mechanic's ETA as well. If the elevator or lift is to be left down, the City, Account Manager & Service Supervisor will be informed and a course of action will be determined based on parts/labor. Internally, all down units are tracked through a repair app on each person's telephone and the branch manager is informed of down cars. In terms of safety, Amtech has a robust safety program with dealing with the public. This includes safety barriers while working on escalators and elevators and surprise audits performed by the supervisor and branch manager. Amtech Maintenance Agreements are custom designed for your unique building and equipment, regardless of original manufacturer. We don't squeeze you into a predetermined contract level that may not fit. Our maintenance partners get a custom designed maintenance plan specific to their needs. Our dedicated account managers maintain lines of communication with monitored 24-hour dispatch and our supervisors are assigned speck territories to support personalized service from your local technicians. Key Personnel Abdalla Robbin: Business Development Manager. Manages the RFP process, submits the bid and facilitates all aspects of creating the account: approvals, signatures, generating all identification numbers (customer, building and machine numbers) insurances, supporting documents, kick off meetings and capital planners. Timothy Herter: Service Supervisor Orange County. Oversees maintenance of the account. Manages the mechanic and all trouble calls, repair work and maintenance issues related to your account. Performs equipment surveys and safety audits on mechanic(s) to ensure equipment is maintained and work is conducted to Amtech Safety Standards. Mechanic (TBD): The mechanic will be responsible for performing all maintenance, trouble calls and repairs on the elevators and escalators. Repair Crews will handle major repairs. Thomas Bertsch: Branch Manager. Manages all employees associated with contract. 3 MTECH Elevator Services Leonard Patito: Repair Manager. Will schedule and oversee repair crews and mechanics for major repairs, state testing, etc. Alejandra Garcia: Repair Coordinator. Communicates with City Management to schedule state work. Stephanie Ybarra: State Inspection Coordinator. Reviews and submits all paper work to the State. Roche[ Baumann: Accounts Receivable. Responsible for account statements, questions regarding your invoices and collections. DESCRIPTION OF BUSINESS Amtech is legally known as Pacific Coast Elevator dba Amtech Elevator Service and the following licenses are associated to Amtech Elevator Services and in good standing. Business Form: Pacific Coast Elevator is part of a corporation — Otis Elevator CQCC License CC-07-01-2845 Contractors License C11 — 737286 DIR Number 1000007601 Federal Tax ID: 061417004 • Amtech acknowledges this is a prevailing wage project. • W-9 enclosed CURRENT LICENSES A copy of our current CQCC and C11 Licenses are enclosed !: MTECH Elevator Services UNDERSTADING SCOPE OF SERVICES Readiness to perform Amtech will be ready to perform at the commencement of the contract and may set up pre -maintenance meetings prior to establishment of the contract. Transition Plan Amtech understands the City's need for communication, planning, and proactivity. Amtech is dedicated to providing elite customer service tailored to the needs of the City. The primary contact will be Abdalla Robbin, Business Development Manager and Timothy Herter Service Supervisor — Orange County. Amtech has developed a comprehensive transition plan in order to ensure a smooth transition from the onset of the contract and to mitigate any issues from the transition of the prior service company to Amtech. We believe that setting up the contract and expectations initially will facilitate a smooth transition into the commencement of the maintenance contract and beyond. Below are the steps Amtech will take if awarded this contract. Pre -Contract At the award of the contract, Amtech will provide all required documents including a fully executed contract and insurance requirements to City. Meanwhile, Amtech will enter into its database all relevant equipment information include year, make, model, testing information and customer designation of the equipment. Each unit will be assigned a specific machine number that will be the key identifier for the unit going forward. The City itself will be assigned a customer number, contract number and building number. Customer & Contract Numbers: For the purpose of account management and invoices. Building Number: For the purpose of placing a trouble call. Machine Number. For the purpose of identifying specific elevators and escalators and placing trouble calls. The information provided into the database will be transition to the MMS (Maintenance Management System). MMS will then determine what maintenance procedures the mechanic will perform on a monthly, quarterly, semi-annually and yearly basis to meet contractual requirements. This information is provided to the mechanic via a tool/app which the mechanic uses to check off maintenance procedures on their phone and transmitted to a digital database as work history under the City's Maintenance Control Plan (MCP). The tool/app has replaced paper time tickets. Amtech maintains a check chart on -site but more detailed information will be provided to the City if requested. Day One On the first day of the contract, Amtech will set up a kick off meeting with City Management and Maintenance (as discussed prior, Amtech currently services the Jail/PD and serviced the City in the past). Amtech's team will include Abdalla Robbin (Business Development Manager), Timothy Herter (Service Supervisor) and mechanic(s). Abdalla will manage your account and will be the primary point of contact. Amtech will provide all relevant contractual, contact (account management and trouble call placement), and equipment information described above. Amtech will then discuss customer expectations, check in/check out (sign in/sign out log) procedures, confirm billing information is correct, and any additional information pertinent to a smooth transition. The mechanic will then walk the property with facilities to be acclimated to the equipment and location and perform Amtech "1- maintenance" procedures. Such procedures include placing safety stickers and check charts, performing maintenance and re- programming telephones (only if customer chooses to utilize Amtech 24-7 answering service) to be dialed directly from the elevator. Amtech will need to be informed of any access issues to the equipment including machine room keys and whether we can place lock boxes on the machine room doors. The First 30 Days Within the first 30 days, Amtech will have completed a capital planner for all equipment. A capital planner is designed to mitigate any potential maintenance issues that are considered prior to the contract, covered contractually, or to provide proposals for upgrades. Note, due to the conditions of the City elevator at the time of the job walk, proposal(s) may be issued. Regular Meetings (if necessary Amtech is a proponent of regular meetings with the City staff to discuss maintenance, invoices, work orders and any items that need to be brought up in order to strengthen the relationship. This is primarily of importance during the season. Spare Parts Amtech will store some commonly used parts on -site at the City for replacement unless they are obsolete. If the parts are obsolete, Amtech will provide a proposal for upgrade. For parts that are not common, Amtech will also provide a critical parts list for inventory that the City can buy for immediate replacement, which Amtech will then replenish free of charge. If the City chooses to not keep non -common parts on site, Amtech will utilize our warehousing and nationwide parts management and inventory system to facilitate delivery to reduce downtime. Standard shipping times apply but if need be, Amtech will expedite parts at the City's request and approval. MTECH Elevator Services Emergency Response The coverage for emergency response under a full maintenance is non billable during regular working hours unless the issue was due to an issue outside the scope of the contract (misuse, vandalism, obsolescence, act of God, etc). Note regular working hours is defined as 8:00 AM to 4:30 PM Monday through Friday. Overtime is considered after 4:30 PM to 8 AM Monday to Friday and Saturday. Sunday is considered Double Time. Amtech will have emergency services available 24 hours a day, 7 days a week through the Amtech Line answering service system. We will provide you with two numbers for the dispatch, one for a routine call to fix and elevator or lift and a second number specifically for emergencies, primarily for trapped passengers. We will also provide you with all the building information to place the call. Furthermore, you can request an ETA from your mechanic. Your elevator service mechanic will be available from 8:00 AM - 4:30 PM Monday through Friday and the escalator team from 6 AM - 2:30 PM. Any emergencies past 4:30 PM or on weekends will be considered overtime (Sunday is doubletime). You will be billed a special rate which will be provided in the next section. Response Times During regular working hours entrapments and trouble calls are within 1 and 2 hours repsectively. If the trouble call occurs after hours, Amtech will make every effort to be there within 2 hours depending on mechanic location and frequency. You can choose to hold the call till the next morning if it is of non -importance. Furthermore, you will have Abdalla Robbin's (Account Manager) and Timothy Herter's (Service Supervisor) if needed. Abdalla and Timothy are available to answer your calls anytime. Implementation Timeline Amtech will implement this plan from the onset of the contract depending on when the approval is given. We plan to set out first meeting with the City to introduce our team and our mechanic can start conducting a first service. MTECH Elevator Services RELEVANT PROJECT EXPERIENCE City of San Bernardino Elevator Maintenance and Repair (11 Elevators). 2005 — Present. Rick Moreno (909)208-4018 County of San Bernardino Elevator, Escalator and Lift Maintenance and Repair (69 units) 2019-Present. Bill Ogg (909) -387-2227 City of Fullerton Elevator Maintenance and Repair (8 Elevators) 2005 — Present. Dana Huffman (714)620-5618 City of Norwalk Elevator and dumbwaiter maintenance and repair (10 total) 2005 — Present. George Mesa (562) 929-5626 City of Rancho Cucamonga Elevator and lift maintenance and repair (5 total) 2017 — Present. Jeff Geith 909- 477-2730 x 4093 10 Appendix ATTACHMENT 4: REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Loma Linda University Contact Individual: Randy Stevens Address: 10935 Parkland Ave. Phone Number: (909)SSR_455R Loma Linda, CA 92354 Facsimile Number: rctPVPnc(rTltn Prin Contract Amount: S8,556.88 per mo Year: 2010 - Present Description of supplies, equipment, or services provided: Elevator Maintenance, Repair, Modernization and Testing Reference Customer Name: Children's Hospital of Orange Contact Individual: Cindy Grant County Address: 1201 W. La vela Phone Number. (714) 509-8502 Orange, CA 92868 Facsimile Number: (714) 509-8377 Contract Amount: $8,864.00 per mo Year: 2005 - Present Description of supplies, equipment, or services provided: Elevator Maintenance, Repair, Modernization and Testing Reference Customer Name: City of San Bernardino Contact Individual: Rick Moreno Address: 555 W. 6th St. Phone Number. (909)208-4018 San Bernardino, CA 92408 Facsimile Number: Moreno nosbcitv.org Contract Amount:$1,504.00 per month Year: Description of supplies, equipment, or services provided: Elevator maintenance, repair and testing 2005- Present Citv of Santa Ana — RFP 20-068 Elevator Maintenance 25 CERTIFICATIONS APPENDIX ATTACHMENT 6: CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of C lifornia County of�s Subscri�b7ed an swom to (or affirmed) before me on this 2v-61 day of N� 20_Q, by 7`�inuas /serfs , proved to me on the basis of satisfactory eJidence to be the person(s) who appeared before me SEYOUNGLEE Noldry Public' Calihmia 7 LOS Angeles County S Commission t 218W My Conun. Expires Apr 27. 2021 Wary Public Signature Notary Public Seal lZOZ'ZZ+dy sagox3 wwo0 ASV 0006EIr a uaanuuoo0 9 puno7salaliuysol L E NWOAP1 -npnd kP1oN 331ONnOA35 City of Santa Ana - RFP 20-068 Elevator Maintenance 45 NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: c� Title: Firm: Date: S '7 o ZFrLo City of Santa Ana — RFP 20-064 Fuel Site Designated Operator, Maintenance and Repair Services 46 NON-DISCRIMINATION CERTIFICATION The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana — RFP 20-064 Fuel Site Designated Operator, Maintenance and Repair Services 47 The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subContractor or Contractor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 6. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any Contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: lnfa�k Date: City of Santa Ana - RFP 20-064 Fuel Site Designated Operator, Maintenance and Repair Services 48 ADDITIONAL MATERIAL & \ / � @ � no - y ± \� d o� - \ j ---c § ; 7 u - \ � � CONTRACTORS dCa STATE LICE LSE BOARD AICNSE 01 737286 - CORP PACIFIC COAST ELEVATOR CORPORATION DBA AMTECH ELEVATOR SERVICES Cil 061=2021 warty cslb Ca 90V gym"' c.. nunpv w evnv,ess aemnvame m„s x reeonnu m we 9vwrna�.m.n 86a.r+ Tnn Nnnnq n rot niMffllndC, nw umn b mormee m 9w Nep�fbar upon aawnne.rwi.wnnnaee. race, a mwwpe ror am rciwn inp oeeca care n vam wmupn w ecwr+nvn am eery a row e.on.. •n -wow. Tv�r+Yv9•an.avea A ..mvxlws Spiv L<e+u BNen a n 8w 280JG Sacrw..e+ro C� 958:E .<enfee splu•.0 �h1b,k C W-9 Request for Taxpayer Give Form to the Fa m Identification Number and Certification requester. Do not IRa..onaem 2dle) ml th+adiletm Tsmre ro ► Go to www.eagoWFormN9 for Instructions, and the latest information. send to the IRS. t wmetas vw+.*an yae �nmma tax retvmi. 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However, for a resident alien. sole pmprWw. or disre9ardtd enter, sao the instructions for Pan I. later. For other entities. it n, your emolovor Mdniffication number MiNi. if you do riot hade a number. see How to get a - 1 TIN. later. Note: II the account is In more than one name. see the irWNctlms for Me 1, Also sea W1at Name and Number To Gne the Reduesto for guidelines on whose number to enter, 1 The number shown an INS farm Is my conect taxpayer Ideneff"tim number (o I am waitvg for a number to be Issued to ma); and 2.1 am not subject to backup whhhOlMng because: (a) I am exempt from backup withholding. or (b) I have not been ratified by da Internal Revenue Service (IRS) that I am subject to backup withholcfirg as a resWt of a taikle to report as Interest w d' Mends. o, 10 the IRS has nobfed me Mot I am no longer Wbiecl to backup withholoing; and 3. 1 am a US. cozen o, other U.S. person (defied bei and a. The FATCA coddle) entered on this tom (if any) indicating Mat I am exempt from FATCA reporting a conect. CerWicatbn Instructions. You mum Cress out abm 2 above it you have been notitld by the IRS that you are currently Subject to backup w4rholoa9 because you have faded to repot all Interam and diVMe ds on you, lax relum. For real estate Irdns2Cbons. item 2 does tort apply. For mortgage Interest paid. acquermn or abandanmanl of secured prop". cancel of debt. Contributions to an if divid=I retirement arrangement (IRA). and generally. payments Other than mleest and dMdends. you are not recurred to sign the ceniacaW. but you must provde your Cdrrecl TIN Sao the matructions far Pad 11. later General Instructions Section relerereea are to the Inleral Revenue Code unless othervase noted. Future devebpmanta. For the latest information about developments related to Four W-9 and its Instiuctms, such as "islation enacted alter they were published. go to www.us.govlFomW9. Purpose of Form An inQrvidual or entity (For W-9 requester) who is reoubed to file an mlermetlon return with the IRS must obtain your correct taxpayer Identification number MIN) which may be your social Sao^ number (SSM. mdwldual taxpayer dilmtif"tion number (MN). adoption taxpayer Identification number (ATIN). or empkryer identification number (EIN). to report an an information return the demount paid to you. or other amount reportable an an indamnation return. Examples of Information ree ms include. but are net funded to. line fabwhg. • Form 1099-INT (Interest famed or IWO Dabs, V1 — U( • Form 1099-Cut Idrndencls. Including those from stocks or mutual funds) • Fom 1099-MISC (vanws types of Income. prides. awards. or gross proceeds) • Fom 1099-B )stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds Iron real estate I2nsactio¢) • Form 1099-K (merchant card and Invd {arty network transacions) • Farm 1098 hone mortgage interest). 1098-E fst dent kern Interest). 1098-T(briion) • Form 1099-C (canceled debt) • Form 1099-A (acquanion or abandonment of secured property) Use Form IN4 only it you are a U.S. person including a resident aim). 10 provide yea correct TIN. e you do rot return Fom W-9 to the requester with a TIN, you mlghf be subletl 10 backup w thdo". See What a backup withholding. aw, Za, orb Irl23tx Far all Rav 10.20181 CITY OF SANTA ANA BUSINESS TAX SECTION (.N-15) 20 CIVIC CENTER PLAZA, FIRST FLOOR, P.O. BOX 1964, SANTA ANA, CA 92702 (714) 647-5/47 BUSINESS TAX NUMBER: BUSINESS TYPE: BUSINESS NAME: BUSINESS ADDRESS: BUSINESS PHONE NO: OWNER NAME: OWNERSHIP TYPE: START DATE: EXPIRATION DATE: STATUS: EXTRACT DATE: 5/18/2020 BUSINESS LICENSE TAX RECORD 113208 CONTRACTORS, MISC. AMTECH ELEVATOR SERVICES 1550 S SUNKIST ST. #A ANAHEIM, CA 92806 (714)939-6516 BUTTERY,DANIELJ- BRANCH MGR CORPORATION 05/26/1981 12/31 /2020 ACTIVE Disclaimer: The information presented here is gather.-d fmm the City of Santa Ana Business License Tax Application. The City cannot guardntce the accuracy 25 this information is "self-mponcd" by the individual businesses. 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Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Cecilia Iglesias Phil Bacerra David Penaloza Vicente Samniento Jose Solorio CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza • M-21 • P.O. Box 1988 Santa Ana, California 92702 W WW santa-ana ma (714) 647-5690 ADDENDUM NO. 1 Request for Proposal (RFP) 20-068 Elevator Maintenance and Repair Services May 12, 2020 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez Notice is hereby given to bidders that, where applicable, the City of Santa Ana Public Works Agency has made certain clarifications, modifications, additions, and/or deletions, for specifications of RFP 20-068 Elevator Maintenance Services. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. A. CLARIFICATIONS AND CHANGES: 1. The title of this RFP has been changed to Elevator Maintenance and Repair Services. 2. The RFP has been revised, please submit proposal based on the RFP uploaded on May 12, 2020. 3. The Fee Proposal (Attachment 2) is to be uploaded separate from the proposal onto PlanetBids. 4. The deadline to submit questions has been extended to Friday, May 16, 2020 at bpm. SANTA ANA CITY COUNCIL 1,1g 6 A Pu do Juan Wn V:cenle Sam W. Da,:d Penn Jose So'mo Pntl axzna CepLa lg;ezas Maya Mayo Pr T, Wad 5 Wad f Vf 2 Wa 3 Wad a mpyl�(�sa�la.Ta om __ _______g,o(�sa .xu aro tlmw'ozN san �a IXy sa'de�za�u-a�uxP p0acerraq��� Wad6 �Sanv.aN Q9 OLLPS�a6�eJ^�la-dN IX� Appendix ATTACHMENT 2: FEE PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer Item Price - Pricing shall be based on a unit cost for services described in Scope of Services. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage and fuel. Any special materials will be purchased by the Contractor only after discussed and authorized by City Public Works Agency in writing. The prices will remain firm for term of the agreement. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. Specify and estimate any other costs associated with the system. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Note: This contract is subject to prevailing wages. TO: CITY COUNCIL OF THE CITY OF SANTA ANA 4:fre 01 Pacific Coast Elevator dba Amtech Elevator Services Item Routine Services Price 1. City Hall: 20 Civic Center Plaza 3: U.S. Elevator Geared Passenger, 2. 10 stop, 1.9 stop g 1,500.00 per month 2. Santa Ana Library: 26 Civic Center Plaza 1: AmlifUMCE Hydraulic Passenger, 3 stop $ 225.00 per month 3. City Hall Annex: 24 Civic Center Plaza 2: Dover Hydraulic Passenger, 5 stop $ 450.00 per month City of Santa Ana - RFP 20-068 Elevator Maintenance 21 4. Corporate Yard: 215 S. Center Street 4: Dover Hydraulic Passenger, 2 stop $ 90000 per month 5. City Hall (Wheelchair Lift): 20 Civic Center Plaza EXAMINATION AND LUBRICATION ONLY QUARTERLY SERVICE 1: Wheel-O-Vator, 2 stop chair lift $ 22500 per quarter 6. Santa Ana Zoo: 1801 Chestnut Place 1: Schindler Elevator, 2 stop $ 250.00 per month 7. Santa Ana Transportation Center: 1000 E. Santa Ana Blvd. 4: Schindler Hydraulic, 4, 3, 2 stop $ 1.100.00 per month 8' El Salvador Community Center: 1825 W. Civic Center Dr QUARTERLY SERVICE 1: Wheel-O-Vator, 2 stop chair lift $ 225.00 per quarter 9 Police DepartmenUHolding: 60 Civic Center Dr 10: 8 Traction Elevator; 2 Hydro Electric 4 stop; 1 dumb waiter 5.oso 00 $ per month 10. Southwest Senior Center: QUARTERLY SERVICE 1: 1 wheelchair lift at stage $ 22500 per quarter TOTAL ANNUAL COST: Sub -Total Monthly (Line items 1,2,3,4,6,7,9 x 12 months): $ 113.700.00 Sub -Total Quarterly (Line Items 5, 8 and 10 x 4): $ 2,700.00 TOTAL ANNUAL COST (Sum of both sub -totals above): $ 116.400-00 LABOR RATES Same Business Day Service Calls (service calls made by 1:00 p.m. PST). The Contractor shall quote labor rates and provide explanation as re uired herein: 11. Straight Time Mechanic$300.00 per hour Team: $500.00 per hour $ See to the left per hour 12. Over Time Mechanic $510.00 per hour Team: $950.00 per hour $ See to the left per hour 13. Double Time Mechanic: $600.00 per hour Team: $950.00 per hour $ See to the left perhour Next Business Day Service Calls (service calls made after 1:00 p.m. PST). The Contractor shall quote labor rates and provide explanation as re uired herein: 14. Mechanic. $300.00 per hour Straight Time Team: S500.00 per hour $ See to the left per hour 15. Over Time Mechanic $510.00 per hour Team: $950.00 per hour $ See to the left er hour 16. Double Time a aoic per our $ See to the left City of Santa Ana - RPP 20-068 Elevator Maintenance 22 per hour 17. 1 Travel *Where applicable. billing rate above plus S95.00 gat rate veh.ae fee Contractor shall define what constitutes Straight Time, Over Time and Double Time: Straight Time: (please specify if a minimum time is billed for each call. ec amc: Team: 6:00 AM - 2:30 Over Time: (please specify when overtime is paid.) earn giG' 1 M - :5 ' ay Saturday , vrhich . holida s. Me snit: All Day aturday. Sun ay an non olidays. ear or overtime. E Double Time: lease spects. when doubae time Paig For hyidaxlRperhour Emergency Service Calls (Response by phone required within 30 minonsite res nse required within 2 hours of service call). 18. Minimum Time Charge (if any) per hour or min (circle one) ates above pl ur or min le one 19 Hourly Emergency Call Out charge during regular business hours 7:30 a.m. — 4:30 .m., Monday-Friday)r straight time l hourHourly Emergency Call Out charge during non -business hours (4:31 p.m. — 7:29 a.m., Monday -Friday, weekends andehourholida s overtime and20. 21, Where applicaule, billing rate above p us 1 r Travel vehicle surcharge $ See above per hour Contractor shall define whether this time includes travel time (flat rate, portal to portal. actual time to reach location billed at an hourly rate, etc.). Travel billed at an hourly rate should be measured in increments of 0.25 with a maximum of 1 hour one way). Pacific Coast Elevator dba Amtech Elevator Services 06-14170D4 COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D. NO, 12921 166th St. Cerritos, CA 90703 BUSINESS ADDRESS STREET CITWSTATE ZIP CODE thomas.bertsch@amtechelevator.com or abdalla.robbin@amteehelevalor.com (714) 231-5609 EMAIL ADDRESS PHONE NUMBER C-11 737286 CSLB NUMBER City of Santa Ana — RFP 20-068 Elevator Maintenance 23 1000007601 DIR REGISTRATION NUMBER 1 PM M-F N M-F Sunday and Holidays closed Union Holiday ll h+a�Cr of tAoUac3 travel charge. No minimum irges above if applicable oubletime charges per hour rate portal to portal plus vehicle surcharge Ejhjubmmz!tjhofe!cz!Upsj!Qjfstpo! Upsj!Qjfstpo Ebuf;!3133/13/1:!27;39;46!.19(11( NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Amtech Elevator Services Name: Project A-2020-143 Number: Project Contractor Agreement City Of Santa Ana Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE City of Santa Ana_10931781_AMTECH AUTOMOBILE LIABILITY 7281055AOS 12/01/2023 11/08/2022 ELEVATOR SERVICES.pdf City of Santa Ana_10931781_AMTECH GENERAL LIABILITY 9584109 12/01/2023 11/08/2022 ELEVATOR SERVICES.pdf cert_NYC_City of Santa PROFESSIONAL LIABILITY 9584131 12/01/2023 02/14/2023 Ana_Professional Liability_11557645_12.pdf City of Santa WORKERS COMPENSATION AND Ana_10931781_AMTECH 35901953AOS 12/01/2023 11/08/2022 EMPLOYERS' LIABILITY ELEVATOR SERVICES.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/22/2023 12:30 PM