HomeMy WebLinkAbout25F - ELEVATOR MAINTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 5, 2009
TITLE:
RENEW AGREEMENT WITH OTIS
ELEVATOR COMPANY FOR ELEVATOR
MAINTENANCE AT THE POLICE
ADMINISTRATION AND HOLDING
FACILITY
Lt
CITY ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15i Reading
^ Ordinance on 2~d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the
attached renewal of the agreement with Otis Elevator Company in an annual
amount not to exceed $83,000, subject to non-substantive changes approved
by the City Manager and City Attorney.
DISCUSSION
The Police Administration and Holding Facility was completed in 1996. The
facility operates eleven elevators in a 24-hour 7-days-a-week environment.
Regular preventive maintenance, periodic testing, and parts replacement is
necessary to keep the elevators operational.
On January 2, 2007, the City Council approved an agreement with Otis
Elevator for a two-year period with provision for two one-year renewals.
The vendor has performed satisfactorily during the past contract period
and has agreed to renew without an increase in pricing. Therefore, staff
recommends exercising the first renewal of the agreement. The amount of
the agreement includes $49,000 for monthly service calls, $14,000 for a
spare drive for the detention center visitation elevator, and $20,000
contingency for repairs during the contract period.
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Otis Agreement Renewal
January 5, 2009
Page 2
FISCAL IMPACT
Funds are available in the Police Building Maintenance account
(no. 11-350-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
~~ ~~ ~~M w
Paul M. Walters
Police Chief
nom, ~ ~~~ ~ ~~~~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
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SECOND AMENDMENT TO GREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is entered into on January 5,
2009, by and between Otis Elevator Company, a wholly owned subsidiary of United
Technologies Corporation ("Contractor") and the City of Santa Ana, a charter city and
municipal corporation of the State of California ("City").
RECITALS:
A. The parties entered into that certain Contractor Agreement A-2007-003, dated
January 2, 2007, (hereinafter "said Agreement") by which Contractor has provided
elevator repair and maintenance services for the City of Santa Ana Police
Administration and Holding Facility
B. The Parties wish to amend the Scope of Services to provide for extraordinary
maintenance and repair service and increase compensation to pay for services during
the term from January 1, 2009 through December 31, 2009.
WHEREFORE, in consideration of the covenants contained in said Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in this
Second Amendment to Agreement, the parties agree as follows:
1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with
the following:
"Contractor shall perform elevator maintenance and service, as set forth in City's
Request for Proposals to Provide Elevator Maintenance Services for the City of Santa
Ana Police Administration and Holding Facility, on file in the Santa Ana Building
Maintenance Department, and Contractor's response, attached to said Agreement as
Exhibit A. Additionally, the Executive Director of Finance and Management
Services may authorize additional extraordinary maintenance and repair services, in
writing, based on a written proposal submitted by Contractor."
2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the
following:
"a. City agrees to pay, and Contractor agrees to accept as total payment for its
services, the rates and charges identified in Exhibit A, attached to said Agreement.
Additionally, City agrees to pay, and Contractor agrees to accept, as total payment for
the services set forth therein, the rates and charges set forth in Contractor's Proposal
#CMD 12308, attached hereto as Exhibit A-1. The total sum to be expended under
this Agreement shall not exceed $83,000.00, during the term commencing January 1,
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2009 and extending through December 31, 2009. Said $83,000.00 includes $49,000
for regular maintenance and repair, $14,000 for repairs set forth in Exhibit A-1 and an
additional $20,000 contingency for additional required services."
3. Section 3, TERM, shall be deleted in its entirety and replaced with the following:
"This Agreement shall commence on the date first written above and terminate on
December 31, 2009, unless terminated earlier in accordance with Section 12, below.
The City shall have the option to extend for an additional one-year period upon a
writing executed by both Parties."
4. Except as hereinabove amended, all terms and conditions of said Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement on the date and year first written above.
ATTEST:
CITY OF SANTA ANA
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney
DAVID N. REAM
City Manager
OTIS ELEVATOR COMPANY
By:
(Print Name)
(Title)
25F-4
EXHIBIT A-1
SCOPE OF SERVICE
CONTRACTOR will provide labor and material to furnish and install a spare drive for
the Visitation Elevator in the Santa Ana Detention Facility. The existing drive has been
sent out for repair with at least a two week lead time. To get the Visitation Elevator
running in a shorter time, we present an option to purchase a new drive and have it
expedited for delivery in 2 days. The purchase of an additional drive provides a spare in
the event that the drive fails in the future.
PRICE: Thirteen thousand, one hundred twenty four dollars ($13,124.00). City shall
make atwenty-five percent (25%) down payment on execution of this Amendment.
Terms and conditions
Any applicable sales, excise or similar tax shall be City responsibility.
Title to the spare drive shall pass when City makes final payment of the price set forth in
this Exhibit A-1.
Contractor warrants that services furnished by Contractor will be performed in a
workmanlike manner, and that any equipment provided hereunder shall be free from
defects in workmanship and material. Contractor's sole responsibility under this
warranty shall be, at its option, to correct any defective services and to either repair or
replace any component of the equipment found to be defective in workmanship or
material.
Contractor shall conduct, at its expense, the entire defense of any claim, suit or action
alleging that, without further combination, the use by City of any equipment provided
hereunder directly infringes any patent, but only on the condition that (a) Contractor
receives prompt written notice of such claim, suit or action and full opportunity and
authority to assume the sole defense thereof, including settlement and appeals, and all
information available to City for such defense; (b) said equipment is made according to a
specification or design furnished by Contractor; and (c) the claim, suit or action is
brought against City.
At completion of work, City shall be responsible for ensuring that the operation of
equipment furnished hereunder is periodically inspected. The interval between such
inspections shall not be longer than what maybe required by the applicable governing
safety code.
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