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HomeMy WebLinkAboutRes2019-047 Sponsored by: Regis CITY OF SEWARD,ALASKA RESOLUTION 2019-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH THYSSENKRUPP ELEVATOR COMPANY TO PROVIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES FOR THREE CITY ELEVATORS WHEREAS, the Alaska State Statutes and Regulations require the City to have an established elevator maintenance and control program that is managed by qualified elevator personnel as outline in the current A17.1 Safety Code for Elevators and Escalators,Sections 8.6 and 8.11; and WHEREAS,the current contract with Otis Elevator Company expired March 15,2019;and WHEREAS, in accordance with City Code Section 6.10.135 and 6.10.140, a Request for Proposals(RFP) was issued March 6,2019;and WHEREAS, the proposals were evaluated by staff from the Public Works Department. Thyssenkrupp Elevator was determined to be a qualified and responsive proposer for the amount of $4,464.00 annually; and WHEREAS,the three elevators are located in City Hall,Community Center,and the Seward Library Museum. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is hereby authorized to enter into a Professional Services Agreement,in substantially the same form herein,with Thyssenkrupp Elevator Company for repairs and maintenance of three city elevators for the amount not-to exceed$4,464.00 annually. Section 2. Funding for this contract is included in each department's budget. Section 3.This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 24th day of April,2019. CITY OF SEWARD, ALASKA RESOLUTION 2019-047j THE CITY OF SEWARD, ALASKA David quires, Mayor AYES: Seese, Towsley,Lane, Osenga, McClure, Squires NOES: None ABSENT: Horn ABSTAIN: None ATTEST: cd/ B -nda J. Ballou,' MC City Clerk j :jty Seal) .•u.a..,. ..r . , ��:•�tOF SE ••. • !• i SEAL I * :;7'. • I Agenda Statement Meeting Date: April 24, 2019 ' To: City Council Through: Norm Regis, Acting City Manager From: Doug Schoessler, Public Works Director Agenda Item: Professional Service Agreement with Thyssenkrupp Elevator Company for the Elevator Maintenance &Repair BACKGROUND & JUSTIFICATION: The City maintains elevators at three (3) locations (City Hall, the Community Center and the Library/Museum) and is required by Section 8.6 and 8.11 of the current A17.1 Safety Code for Elevators and Escalators, to have an established Maintenance and Control Program (MCP). The service mandated under the MCP are to be conducted by qualified elevator personnel and at a minimum must include: quarterly inspection; quarterly cleaning/maintenance; quarterly Fire Emergency Service Phase 1 testing; a once-every-5-year Full Load test; annual Load and Pressure Relief testing; an annual Efficiency and Maintenance Survey Inspection Report; and maintain the maintenance and repair records for all services provided to maintain the MCP. The current Elevator Maintenance and Repair agreement expires on March 15,2019.In accordance with Seward City Codes 6.10.135 and 6.10.140,Public Works issued a Request for Proposals(RFP) to enter into a professional service agreement for a three (3)year contract, with two (2) additional one-year extension available. Funds are currently budgeted in the Contracted Services line items of each building's budget. INTENT: To enter into a professional services agreement with Thyssenkrupp Elevator Company for the maintenance and repair of City's three (3) elevators. CO SISTENCY CHECKLIST: F No N/A 1. Comprehensive Plan (document source here): Pg. 8 1.3 "Public Safety" I _ 2. Strategic Plan (document source here): X 3. Other (list): X FISCAL NOTE: Funding for this agreement is contained within the 2019 budget for each department. Approved by Finance Department: ........._, rl� f�c����... ............................ . ATTORNEY REVIEW: Yes No Not Applicable X RECOMMENDATION: Approve Resolution 2019-047 authorizing the City Manager to enter into a professional services agreement with Thyssenkrupp Elevator Company to provide elevator maintenance and repair for all three city elevators. 114 AGREEMENT FOR ELEVATOR MAINTENANCE AND REPAIRS THIS AGREEMENT is made and entered into this 22 day of April 2019 ("Effective Date"), by and between the CITY OF SEWARD, ALASKA a home rule municipal corporation(hereinafter called Owner),and THYSSENKRUPP ELEVATOR COMPANY (hereinafter called Contractor). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. WORK PROVIDED BY CONTRACTOR 1.1 Scope of Work',. Contractor shall provide the materials and work described in the Owners Request for Proposal ("UP") attached hereto as Exhibit "A" and incorporated herein by reference ("UP") and Contractor's Response dated March 28"' (the "Proposal"'), attached hereto as Exhibit "B" and incorporated herein by reference. 1.2 Standards and Pragtigs. All work to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised in similar fields and circumstances in accordance with sound practices. Materials and elevator parts will be suitable for their intended purpose. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise the Owner of any changes in any taws that may affect Contractor's performance of this Agreement. 1.3 Warrant y. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and Alaska employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. 1.4 Non-discrimination In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in. discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation. 1.5 Non-Exclusive Agreement. Contractor acknowledges that Owner may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. -Page 1 of 9- 1.6 Delegation and Assignment. Contractor was selected, in part, based on experience in the work to be performed, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of Owner. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform work contemplated by this Agreement at Contractor's sole cost andexpense. 2. COMPENSATION ANDBILLIN+G 2.1 CoiD, nsatiog. Contractor shall be paid on a quarterly basis in accordance with the methodology and fee schedule set forth inthe Proposal. 2.2 Additional Work. Contractor shall not receive compensation for any work outside the scope of work specified in the Proposal unless the Owner, prior to Contractor performing the additional work, approves such additional work in writing. It is specifically understood that oral requests and/or approvals of such additional work or additional compensation shall be barred and are unenforceable. 2.3 Method of Billing. Contractor shall submit invoices to Owners Contracting Officer for approval on a quarterly basis. Invoices shall be based on the total of all Contractor's work which has been completed to Owner's sole satisfaction. Owner shall pay Contractor's invoice within thirty (30) days from the date Owner receives the invoice, for work completed. Each invoice shall describe in detail the materials or parts purchased and the services performed and the associated time for completion. Any additional work approved. and performed pursuant to this Agreement shall be designated as "Additional Work" and shall identify the number of the authorized change order,where applicable, on all invoices. 2.4 Records and Audits. Records of Contractor's work relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to Owner or its Contracting Officer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3. TIME OF PERFORMANCE 3.1 Commencement and Completion of Mork. The work to be performed pursuant to this Agreement shall commence upon issuance of a Notice to Proceed by the Contracting Officer. Work shall be performed in strict compliance with a schedule approved by Owner, as may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. -Page 2 of 9- 3.2 Project. Delay. Notwithstanding any other provision in the contract to the contrary, 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, labor disputes, strikes, lock outs, theft, weather, natural or man-made disaster, civil commotion, mischief or act of God. 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. 4. TERM AND TERMINATION 4.1 Term. This Agreement shall commence on the Effective Date and continue for a period of three (3) years, ending on April 22, 2022, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. The Owner, through the City Manager, may, at the Owner's discretion, offer to extend this Agreement for up to two additional one-year periods. If Owner makes such an offer, the Contractor will have 30 days to accept or refuse the offer. 4.2 Notice of Termnjati, r7. This Agreement may be terminated: 1) if Contractor fails to perform any of its material obligations hereunder and does not cure such failure within thirty (30) days after receipt of written notice from the Owner specifying such failure; or 2) if the funding for this Agreement is not appropriated by the Owner, upon receipt of a notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the Owner. 4.3 Cerra n petisation. In the event of termination, Owner shall pay Contractor for reasonable costs incurred and services satisfactorily performed up to and including the date of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. 4.4 DoCUJIIelltS. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maintenance records, maps and reports, shall be delivered to the Owner within ten (10) days, at no cost to Owner. Any use of uncompleted documents without specific written authorization from Contractor shall be at Owner's sole risk and without liability or legal expense to Contractor. -Page 3 of 19- 5. INSURANCE. 5.1 Minn-FILIM SCOLle and Limits of Insurance. Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate, (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,1000.00), combined single limits,per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of Alaska. 5.2 Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Seward and its elected and appointed officers, agents,and employees are additional insureds with respect to this contract with Owner." (b) Notice- "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to Owner." (c) Other insurance: "Any other insurance maintained by the City of Seward shall be excess and not contributing with the insurance provided by this policy." 5.3 Certificates of Insurance: Contractor shall provide to Owner certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by Owner., prior to performing any work under this Agreement. 5.4 Non-limiting: Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property, -Page 4 of V- 6. GENERAL PROVISIONS. 6.1 Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2 Rgpr�sentatjves. The Public Works Director, Doug Schoessler, or his designee, shall be the representative of Owner for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the Owner, called for by this Agreement, except as otherwise expressly provided in this Agreement. Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3 Notices: Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile ; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United Statesmail. IF TO CONTRACTOR: IF TO Owner: Thyssenkrupp Elevator City of Seward, Alaska 2000 W. International Airport Rd. P.O. Box 167 Anchorage, AK 99501 Seward, Alaska 99664 Phone: 907.224.4058 Phone: 907.522.3002 Fax: 907.224.5051 ATTN: Clay Hotchkiss ATTN: Doug Schoessler 6.4 Attoruevs' Fees: In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys" fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof, -Page 5 of 9- 6.5 Governit7 Law: This Agreement shall be governed by and construed under the laws of the State of Alaska. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Anchorage,Alaska. 6.6 Assignment: Contractor shall not voluntarily or by operation of law assign. transfer, sublet or encumber all or any part of Contractor's interest in this Agreement without Owner's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of Owner's consent, no subletting or assignment shall release Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement. 6.7 Indemnification: The Contractor shall indemnify, defend and hold the City of Seward harmless: (a) From and against any claim or demand for loss,liability or damage,including claims for property damage, personal injury or wrongful death, arising out of contractor's operations unless the result of the sole negligence of the Owner, or by any fire or other destructive force on the Premises or growing out of or caused by any failure on the part of the Contractor to maintain the Premises in a safe condition.;and (b) From and against all actions, suits, damages, and claims by whomsoever brought or made by reason of the non-observance or non-performance of any of the terms, covenants and conditions in the Contract or the rules, regulations ordinances and laws of the United States or the State of Alaska. 6.8 lndenendent Contractor: Contractor is and shall be acting at all times as an independent contractor and not as an employee or agent ofOwner. 6.9 Ownership of Documents All findings, reports. documents, informaion and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of Owner.Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of Owner. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of Owner and without liability or legal exposure to Contractor. Contractor shall deliver to Owner any findings, reports documents information data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by Owner or its authoized representative at no additional cost to theOwner. -Page 6 ofPa- 6.10 Public Records Act Disclosure: Contractor has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors and provided to Owner may be subject to public disclosure as required by the Alaska Public Records Act. 6.11 ReSDonsibilitv for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the Contracting Officer, regarding any services rendered under this Agreement and may be required to supplement or correct prior work at no additional cost to Owner. 6.12 Prohibited Employment: Contractor will not employ any regular employee of the Owner while this Agreement is ineffect. 6.13 Order of Precedence In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If and to the extent this Agreement incorporates by reference any provision of the RFP or the Proposal, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over both the Proposal and the RFP and the Proposal shall govern over the RFP. �6.14 Costs: Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.15 No Third-Partv Beneficiary Rights: This Agreement is entered into for the sole benefit of Owner and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.16 [Jead ings Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify,explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.17 Construction: The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. -Page 7 of2J- 6.18 AmQiAxtict ts: This Agreement may only be amended by mutual agreement of the parties, and in writing, including Contract prices and schedule adjustment, prior to the commencement of work covered by changes or modifications If any such changes cause an increase or decrease in the Contractor's cost of, or the time required for, the performance of this Agreement, an equitable adjustment shall be made, and the Contract modified in writing accordingly. If the Owner and Contractor fail to agree upon this adjustment to be made, the Owner reserves the right to solicit bids from other vendors for the performance of the additional work. 6.19 Waiver: The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.20 everabilit: If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance 6.21 I`"ot.tntet vats: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.22 Corporate Authority:, The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. -Page 8 ofl23- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SEWARD CONTRACTOR Ajssea krkplo Date: Date: 4-16-2019 Clay Hotchkiss ATTEST: BRENDA BALLOU, IV MC CITY CLERK aUthoriz'160r� is, corairigilt LIP011 the iIICIUSi011 of"Aiim­i(Irrielit 10 which was provided with the bid on 3.21.2019. -Page 9 of 23- City of Seward Elevator Maintenance&Repair ServicesRPP Amendment Nnl This Amendment No.I shall be made a part ofMhis bid and any subsequent Agreement issued pursuant to an award thereof,and in the event of conflict with other a rticles,terms,cond itionis or contract documents,this Amendment No.I shall be f inaL Any clarifications presented by Thyssenkrupp Elevator Corporation (hereinafter Contractor)at the time of bid shall by this reference be incorporated herein and made a part hereof and shall govern in the event of conflict with 'other documents. In no event shall Contractor be liable underthis Agreement for indirect,special, liquidated, incidental, exemplary or consequential damages, orfor loss of use, loss of income, loss uf opportunity,ur other similar remote damages, 2.1 Indemnification Amend so Contractor's obligations to indemnify,defend and hold harmless shall be limited to Contractor's own acts and actions, and shall in no way include for the acts,actions, omissions, or neglects of a party indemnified hereunder, or for bare allegations. 2.5 Insurance Requirements:Amend so the required parties shall be added to Contractor's general liability insurance policy as an additional insured, subject to the limitations as hereafter set forth,Such additional insured coverage shall only apply to the extent any damages covered by the policy are determined to be caused by Contractor's acts, actioms, omissions or neglects, and shall not apply to, the extent caused by the additional inouried'm own acts, actions, omissions,mr neglects, or for bare allegations. 124 Page Iof8 Bronze service Agreement Special_Considerations Annual price adjustment shall be capped at 4%. Markup on material and expences for repairs and service calls: 15% Building Maintenance/Testing Service Calls RT Travel OT Onsite OT Travel Rate Seward City Hall $124/month $219/hr $199/hr $219/hr $299/hr Seward Senior $124/month $219/hr $199/hr $219/hr $299/hr Seward Library $124/month $219/hr $199/hr $219/hr $299/hr ***A 3% discount will be provided to the monthly rates listed above if payment is made annually in advance. "Maintenance/Testing"shall be defined as all maintenance and annual testing that is required by the code in effect at the time the contract is executed, as well as all requirements in the City of Seward RFQ. "Emergency" service calls that are responded to during the hours of 7:30 am and 4:30 pm (Monday through Friday except for holidays)will be billed at the Regular Time rates. When a mechanic is traveling or working on-site outside of these hours, the OT rates will apply. IevaLoir IVfaInLeinance Agirr.r.nienL 1 11/11 'ogr. 1()of 11 2f}19..363413..AC;IA 1JI::,,72I:\N 125 hysse rik,l° l°)gip City of Seward RFP Bronze Service Agreement Special Con6deratlons �` � Annual price adjustment shall be capped at 4%,, Markup on material and expends for repair and service Dells: 1 % Building aintenance[Teeting Service Calls r'T Travel CST Onaite CDT Travel mate Seward City Mall $124/month $219/hr $199/hr $219/hr $2991hr Seward Senior $124/month $219/hr $199/hr $219/hr $299/hr Seward Library $124/month $219/hr $199/hr $219/hr $299/hr "Maintenance/Testing"shall be defined as all maintenance and annual testing that is required by the code in effect at the time the contract is executed, as well as all requirements in the City of Seward rFQ. "Emergency" service calls that are responded to during the hours of 7:30 am and 4.30 pm (Monday through Friday except for holidays)will be bulled at the regular Time rates. When a mechanic is traveling or working on-site outside of these hours, the OT rates will apply, 126 FEES AND COSTS - PART TWO CITY OF SEWARD ELEVATOR MAINTENANCE RFP OTIS ELEVATOR COMPANY I. City of Seward scope of work For regular services- $685. per month (Six Hundred Eighty-Five and 00/100 Dollars), payable annually 2. Billing rates, including travel time and expense for necessary repairs and/or callouts: $300.00 per hour per mechanic during regular business hours and $500.00 per hour per mechanic during non-regular business hours. 3. Emergency call out hourly rate during regular business hours- $300.00 per hour per mechanic plus expenses 4. Emergency call out hourly rate during non-regular business hours: $500.00 per hour per mechanic plus travel expenses 127