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HomeMy WebLinkAbout12757RESOLUTION NO. 12757 A RESOLUTION AWARDING A CONTRACT TO OTIS ELEVATOR COMPANY FOR PROJECT NO. 13-017 – FULL SERVICE ELEVATOR INSPECTION, MAINTENANCE, AND MONITORING IN THE AMOUNT OF $15,720 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME WHEREAS, proposals for PROJECT NO. 13-017 Full Service Elevator Inspection, Maintenance, and Monitoring have been received and examined; and WHEREAS, the proposal of Otis Elevator Company of Colorado Springs, Colorado, was the lowest of those bids determined to be responsible; NOW, THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A contract for PROJECT NO. 13-017 Full Service Elevator Inspection, Maintenance, and Monitoring is hereby awarded to said bidder in the amount of $15,720. SECTION 2. The Purchasing Agent is hereby authorized to execute said contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3. In addition to the amount of the bid set forth, as aforementioned, an additional amount as stipulated in this section is hereby established for contingencies and additional work. Contingencies and Additional Work . . . . $9,280 SECTION 4. Funds for said project shall be paid from account number 101-4050-430.43-02. SECTION 5. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached contract to effectuate the transactions described herein. SECTION 6. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: August 26, 2013 BY: Ami Nawrocki Background Paper for Proposed RESOLUTION DATE: AUGUST 26, 2013AGENDA ITEM # M-2 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AWARDING A CONTRACT TO OTIS ELEVATOR COMPANY FOR PROJECT NO. 13-017 – FULL SERVICE ELEVATOR INSPECTION, MAINTENANCE, AND MONITORING IN THE AMOUNT OF $15,720 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME ISSUE Should the City Council award a contract to Otis Elevator Company for Project No. 13- 017 – Full Service Elevator Inspection, Maintenance, and Monitoring in the amount of $15,720? RECOMMENDATION Approval of this Resolution. BACKGROUND The State of Colorado, Department of Labor and Employment, Division of Oil and Public Safety, require an annual inspection of elevators/lifts and continuous phone monitoring of all elevators. Additionally, elevators/lifts require routine maintenance. This contract provides for the mandatory annual inspections, routing service maintenance, and continuous phone monitoring for all elevators/lifts for all City-owned buildings. The City of Pueblo owns twelve elevators and three wheel chair lifts in various public buildings throughout the City. FINANCIAL IMPACT Funds for this project will be paid from account number 101-4050-430.43-02. SERVICE AGREEMENT BY AND BETWEEN CITY OF PUEBLO AND OTIS ELEVATOR COMPANY This Service Agreement ( "Agreement ") is effective August 26, 2013 ( "Effective Date "), between the City of Pueblo, a Municipal Corporation ( "City"), with offices located at 230 S. Mechanic, Pueblo, CO 81003, and Otis Elevator Company, ( "Contractor "), with offices located at 1039 Elkton Drive, Colorado Springs, CO 80907. PROJECT NO.: 13 -017 PROJECT NAME: Full Service Elevator Maintenance at Multiple City Locations The Terms and Conditions set forth in this Agreement supersede all other previous Terms and Conditions, unless otherwise agreed by both parties in writing. The parties agree as follows: 1.0 Services 1.1 Scope of Work. This Agreement is for the provision of Services by Contractor, including incidental deliverables or goods, as authorized and specified in the referenced Request for Proposal (RFP) attached as Exhibit A. Contractor's Proposal Submittal, in response thereto, is attached hereto as Exhibit B; and Contractor's Fee Schedule (Pricing) is attached hereto as Exhibit C. The Services are defined in the RFP Scope of Services within Exhibit A. Upon execution of this agreement by City and Contractor, the RFP, Proposal Submittal, Fee Schedule, and Contractor's Submittals shall be referred to collectively as the "Project Documents ", and will become a part of this Agreement by reference. If the terms of any Project Documents are inconsistent with the terms of this Agreement, this Agreement shall take precedence. All Project Documents relating to the Services shall be deemed to incorporate the terms of this Agreement whether or not they specifically refer to this Agreement. The Services shall be governed by the terms and conditions of this Agreement and by the Project Documents, which may from time to time be signed by the parties. 1.2 Cancellation. Contractor agrees to provide services as specified in the Scope of Work. City reserves the right to cancel this agreement without any cancellation charges or penalties if, in the opinion of City's Director of Purchasing the services are not performed as required by the Project Documents. 1.3 Service Requirements. This Agreement does not commit City to purchase any quantity or dollar amount of Services or obligate City to purchase all required services of a particular type from Contractor. City reserves the right to purchase any or all services from sources other than Contractor. Contractor may not perform any Services without a Request authorizing the Services, signed by both City and Contractor. 1.4 Standard of Performance. Contractor represents and warrants that it is qualified and able to provide the services hereunder, and that its performance will represent its best efforts and, to the extent applicable, be of the highest professional standards. City may inspect or review Contractor's performance and Contractor will fully cooperate with City in its conduct of any such inspection. City's inspection (or lack of inspection) will not be an acceptance of Services or a waiver of any right or warranty or preclude City from rejecting defective Services. 1.5 Subcontracting. Contractor shall not subcontract out any of the services to be provided hereunder without the prior written consent of City. 1.6 Changes. City may, upon written notice to Contractor, make changes in specifications, designs, schedules, destination or any other terms contained in the Project Documents. Subject to the provisions of this Section, if a change causes an increase or decrease in the cost of or the time required for, performance of the Services, an adjustment may be made in the cost of Services or the performance schedule, or both. Price adjustments or extensions of time for performance are not binding to City unless agreed to in writing by City. Page 1 of 10 2.0 Compensation. 2.1 Rates. The cost of Services shall be as set forth in the attached Exhibit C, Fee Schedule (Pricing). 2.2 Invoicing. Contractor shall invoice (separately for each order) after the Services have been accepted by City, but no more frequently than monthly unless otherwise agreed to by City. All communications and invoices must reference the corresponding RFP or Purchase Order number and must be directed to City pursuant to instructions on the applicable RFP or Purchase Order. Payment of invoices for satisfactory performed services shall be net 30 days from City's receipt of invoice and City's acceptance of invoices. 3.0 Term and Termination. 3.1 Term. The term of this Agreement begins on the Effective Date and ends three years after, unless sooner terminated in accordance with this Agreement. City reserves the right to extend the term of this Agreement in one- year increments by written acceptance of both parties. 3.2 Termination. City reserves the right to terminate this Agreement, in whole or in part, at any time, with cause, by written notice to Contractor. Upon receipt of such notice, Contractor shall immediately stop work under the agreement or with respect to the portion of the Agreement terminated and shall take immediate corresponding action with respect to Contractor's suppliers and subcontractors, if any. 3.3 Default. If either party is in default hereunder, the non - defaulting party may give written notice describing the default to the defaulting party. If the defaulting party does not correct such default within thirty (30) days after receipt of said notice, or if the default cannot be corrected within said 30 -day period and the defaulting party fails to commence action to correct the default within said 30 -day period and thereafter diligently pursues corrective action, the non - defaulting party may upon an additional five (5) days' notice given to the defaulting party terminate this Agreement. 3.4 Fund Appropriation. Continuance of this agreement beyond the limits of funds available shall be contingent upon appropriation of the necessary funds, and the termination of this agreement due to lack of funding shall be without penalty to the City. 4.0 Warranty. At the request of the City, if defects in services or goods become apparent, Contractor will promptly correct defects in the services as determined by City. If Contractor fails to do so, within ten (10) business days of City's Notice to Contractor of the defects, City may have the defects corrected and charge all costs associated therewith to Contractor. Contractor's warranty is limited to the repair or replacement, either being at Contractor's discretion, of defective materials and the correction of defective workmanship within a reasonable time for defects that are reported to Contractor during the term of this contract. This warranty excludes damages due to external causes such as fire, water and weather, improper use, misuse, neglect or work by others. This warranty is given in lieu of all other warranties, either expressed or implied, including any warranty of merchantability or fitness for a particular purpose. 5.0 Contractor's Personnel and Contractors. 5.1 Contractor's Employees. Contractor performs services for City hereunder as an independent Contractor. Contractor shall be solely responsible for payment of all wages, compensation and benefits to its employees. Contractor shall comply with all laws, regulations, rules and orders relating to Equal Employment Opportunity (EEO), Workers' Compensation and employment taxes. Upon request, Contractor will furnish City with its EEO policies and procedures, and verification that workers' compensation insurance coverage exists. Contractor will indemnify, defend and hold harmless City and its respective officers, agents and employees from all suits, actions or claims of any character, name and description arising out of Contractor's failure to make timely payment to its employees for wages or failure to comply with any such laws, regulations, rules and orders. 5.2 Qualifications. Contractor's personnel named in the Quotation(s), if any, shall perform the services contemplated by such Quotation(s) and all services performed by such personnel shall be controlled and supervised exclusively by Contractor. All persons assigned to perform the services shall have adequate education, experience, training skills, expertise and knowledge relating to the services being performed by them. Contractor shall not employ any person upon City's premises to whom City has reasonable objections. Page 2 of 10 5.3 Subcontractors. Contractor may not subcontract any of the services without City's prior consent. If Contractor employs subcontractors to perform any services, it will ensure such Contractor's compliance with the terms of this agreement and be fully liable for the services performed by them. 5.4 Change in Ownership /Control. Contractor shall give City at least ninety (90) days prior notice of any proposed change in control or ownership of Contractor or of any proposed sale of all or substantially all of Contractor's assets. 6.0 Indemnity and Insurance. 6.1 Indemnity. The Contractor and his sureties shall indemnify, defend and hold harmless the City of Pueblo and all its officers, agents and employees from all damages, suits, actions, judgments and claims of any character, name and description arising from any personal injury, or property damage to the extent caused by Contractor's negligent acts or omissions, or the negligent acts or omissions of Contractor's employees, agents and subcontractors during the performance of this contract, but not to the extent caused by others. Each party shall defend itself in the event of a lawsuit. 6.2 Contractors Insurance. The Contractor shall not commence work under this agreement until he has obtained at his own expense and without cost to the City all insurance required under this paragraph and such insurance has been approved by the City Attorney, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall maintain such insurance until the final acceptance by the City of all services covered by the contract. Insurance Carrier must be licensed to do business in the State of Colorado. a. Commercial General Liability Insurance. The Contractor shall secure and maintain during the period of this contract and for such additional time as work on the project is being performed, Commercial General Liability Insurance issued to and covering the liability of the Contractor with respect to all work performed by him and all his subcontractors under the contract, to be written on a comprehensive policy form. This insurance shall be written in amounts not less than $600,000 for each occurrence and aggregate for personal injury including death and bodily injury and $600,000 for each occurrence and aggregate for property damage. • - ' - ' - - - , : - - ... - - • • - - •• • . In lieu of naming parties as additional insured, such parties shall be named insured on an Owner's and Contractor's Protective (OCP) Liability policy with a limit of $2,000,000. This policy shall have all necessary endorsements to provide coverage without exclusion for explosion and collapse hazards, underground property damage hazard, blanket contractual coverage, as well as Owner's and Contractor's Protective Liability (OCP) coverage. The policy shall also provide coverage for contractual liability assumed by Contractor under the provisions of the Contract, and "Completed Operations and Projects Liability" coverage. b. Comprehensive Automobile Liability Insurance. The Contractor shall procure and maintain during the period of the contract and for such additional time as work on the project is being performed, Comprehensive Automobile Liability Insurance. This insurance shall be written with limits of liability for and injury to one person in any single occurrence of not less than $150,000 and for any injury to two or more persons in any single occurrence of not Less than $600,000. This insurance shall include uninsured/underinsured motorist coverage and shall protect the Contractor from any and all claims arising from the use both on and off the site of the project of automobiles, trucks, tractors, backhoes and similar equipment whether owned, leased, hired or used by Contractor. c. Workers' Compensation Insurance. The Contractor shall procure and maintain during the period of this contract and for such additional time as work on this project is being performed, Workers' Compensation Insurance, including Occupational Disease Provisions, fully complying with the provisions of the Workers' Compensation Act, as amended, of the State of Colorado. Such insurance shall be obtained notwithstanding that Contractor may have no employees as defined under said Act or that Contractor might otherwise avail itself of an exemption under the Act from any legal requirement to obtain such coverage. Such insurance shall cover all employees of Contractor performing work on the project irrespective of whether such employees may be shareholders, managers, partners or owners of Contractor or exempt employees under the Act. If any class of employees engaged in hazardous work under this contract at the site of the project is not protected by the Workers' Compensation statute, the Contractor shall provide, and similarity shall cause each subcontractor to provide, special insurance for the protection of such employees not otherwise protected. Page 3 of 10 d. Subcontractors. Any subcontractor performing work for the Contractor under the contract shall provide certificates of insurance protection to the Contractor and to the City of Pueblo, Colorado, of the same type and in the same amounts as required by the Contractor. e. Insurance Coverage. The insurance coverage enumerated in the above subparagraphs constitutes the minimum requirements and said enumeration shall in no way lessen or limit the liability of the Contractor under the terms of the contract. The Contractor shall procure and maintain, at his own cost and expense, any additional kinds and amounts of insurance that, in his own judgment, may be necessary for his proper protection in the prosecution of the work. 7.0 Certificates of Insurance. Certificates of Insurance for Workers' Compensation Insurance, Commercial General Liability Insurance and Comprehensive Automobile Liability Insurance shall be filed with the City prior to the execution of the contract. Said insurance shall not thereafter be canceled, permitted to expire, or be changed without 30 days advance written notice to the City. 8.0 State - imposed Mandates Prohibiting Illegal Aliens From Performing Work 8.1 At or prior to the time for execution of this Contract, Contractor shall submit to the Purchasing Agent of City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the "E -Verify Program" created in Public Law 208, 104 Congress, as amended and expanded in Public Law 156, 108 Congress, as amended, that is administered by the United States Department of Homeland Security or the "Department Program" established pursuant to §8 -17.5- 102(5)© C.R.S. that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. 8.2 Contractor shall not: 8.2.1 Knowingly employ or contract with an illegal alien to perform work under this contract; 8.2.2 Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. 8.3 The following state - imposed requirements apply to this contract: 8.3.1 The Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E- Verify Program or Department Program. 8.3.2 The Contractor is prohibited from using either the E- Verify Program or Department Program procedures to undertake pre - employment screening of job applicants while this Contract is being performed. 8.3.3 If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: 8.3.3.1 Notify the subcontractor and the Purchasing Agent of the City within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 8.3.3.2 Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph 8.3.3.1 above the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if, during such three (3) days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 8.3.4 The Contractor is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the course of an investigation that CDLE is undertaking pursuant to its authority under §8- 17.5 - 102(5), C.R.S. 8.4 Violation of this Section by the Contractor shall constitute a breach of contract and grounds for termination. In the event of such termination, the Contractor shall be liable for City's actual and consequential damages. Page 4 of 10 8.5 As used in this Section 8, the term "subcontractor" shall mean any subcontractor or subcontractor of Contractor rendering services within the scope of this Agreement. 9.0 Safety and Health. Contractor shall comply with all applicable federal, state and local laws, orders, rules or regulations applicable to the agreement obligations herein. All materials and services furnished shall be in compliance with the provisions of the Federal Occupational Safety and Health Act and the regulations and standards promoted by the Secretary of Labor thereunder. If requested by City, Contractor shall submit appropriate certifications of compliance with such laws, orders, rules and regulations. Contractor shall handle, use and dispose in a manner in accordance with all applicable laws and regulations all material and substances Contractor and Contractor's subcontractors, use and/or disposal of in connection with the performance of this agreement including, but not limited to, materials defined by law or regulation as hazardous materials. Contractor shall indemnify and hold harmless City from and against all claims, penalties, fines, judgments and orders of any kind resulting from Contractor's failure to use and dispose of materials and substances as provided herein. Contractor agrees to abide by City's Safety Policy as long as said policy is not in conflict with Contractor's Safety Policy. Contractor agrees to accept liability for the cost of penalties incurred by City pursuant to governing Occupational Health and Safety acts that result from Contractor's acts or omissions, on the condition that the cost of any similar penalties imposed on the Contractor because of acts or omissions caused by the City or a City employee shall be borne by City. 10.0 PERA. The Contractor shall fill out the questionnaire attached as Exhibit D and submit the completed form to the City as part of the Agreement. In accordance with the provisions stated on the questionnaire, the Contractor shall reimburse the City for the full amount of any employee contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. 11.0 General 11.1 Certification, Permits and Licenses. Contractor will obtain and keep current, at Contractor's expense, all governmental permits, certificates and licenses (including but not limited to professional licenses, if applicable) necessary for Contractor to perform the services. 11.2 Force Majeure. City will be excused from accepting all or any part of services tendered for delivery by Contractor, and neither party shall be liable for any loss, damage or delay due to any cause beyond either party's reasonable control, including but not limited to acts of government, strikes, lockouts, labor disputes, theft, weather, natural or man -made disaster, civil commotion, mischief, or acts of God. 11.3 Limitation of Liability. Under no circumstances shall either party be liable for special, indirect, liquidated, or consequential damages of any kind including, but not limited to, loss of goodwill, loss of business opportunity, additional financing costs or loss of use of any equipment or property. 11.4 Governing Law. This agreement and all rights thereunder shall be governed in all respects by Colorado law. This agreement, together with all Project Documents incorporated by reference , constitutes the entire agreement between City and Contractor with respect to their subject matter, and may not be amended a modified except by written document signed by both parties. (SIGNATURE PAGE FOLLOWS) Page 5 of 10 IN WITNESS WHEREOF, the undersigned have caused this agreement to be executed, effective as of the day and year first written above. �. • " 1 ° ' Geo Otis Elevator Company V �a ., ; f:� �u B 1 0 $; : 44,0 / r 1 O `Z . 11 1, -r-•-e J� -44 Ott � -r � e Title: G � J . • I iil �A �C Y F PUEBLO, ICIPAL CORPORATION (Vitt of Purchasing ATTEST , City Clerk BALANCE OF APPROPRIATION EXISTS FOR THIS AGREEMENT AND FUNDS ARE AVAILABLE: 6eborah 44 ✓ -'— _T Director of Finance APPROVED AS TO FORM: >a,il - K � City Attorne Page 6 of10