NOTICE OF REQUEST FOR PROPOSALS FOR ELEVATOR MAINTENANCE AND INSPECTION SERVICES

Transcription

1 NOTICE OF REQUEST FOR PROPOSALS FOR ELEVATOR MAINTENANCE AND INSPECTION SERVICES NOTICE IS HEREBY GIVEN that the (City) will receive proposals for providing Elevator Maintenance and Inspection Services. Proposals will be received at the City Hall Reception Desk, Civic Center Drive, Bellflower, California, until 4:30 p.m. (Pacific Time) on Thursday, March 15, All proposals must be clearly marked, CITY OF BELLFLOWER ELEVATOR MAINTENANCE SERVICES PROPOSAL, and will be delivered during the business hours of 8:30 a.m. to 4:30 p.m., Monday through Friday, except holidays and those Fridays on which City Hall is closed, to the City Hall Reception Desk. POSTMARKS WILL NOT BE ACCEPTED. Failure of, or disturbances in any mail service is not a legitimate reason for proposals submitted after the above due date. Facsimiles will not be accepted. The City may extend the deadline at its option. Submit three (3) copies of your Proposal. It should be understood that the final fee will be negotiated with the City. As part of the Cost Proposal, please provide a breakdown of the fee by monthly fees and reimbursables. All submitted proposals will be reviewed and analyzed by City staff and the proposals which best meet the City s needs will be selected for further analysis and negotiation. The City reserves the right, in its sole discretion during the selection process, to reject any or all proposals or any portion without exception or explanation. Parties interested in obtaining a Request for Proposals (RFP) Package (at no cost) should contact the: Public Works Department 9944 Flora Vista Street Bellflower, CA (562) x2259 A copy of the RFP can also be downloaded from the City s website at: For questions regarding this RFP you may contact Bernardo Iniguez, Public Works Manager, at , extension SUBMITTAL DEADLINE TO BE CONSIDERED, PROPOSAL MUST BE SUBMITTED NO LATER THAN Thursday, March 15, 2018, at 4:30 p.m. at the City Hall Reception Desk, Civic Center Drive, Bellflower, California, Postmarks will not be accepted. Failure of, or disturbances in any mail service is not a legitimate reason for proposals submitted after the above due date. Electronic mail or facsimiles will not be accepted. The City may extend the deadline at its option. Page 1 of 10

2 Notice of RFP for Elevator Maintenance and Inspection Services Page 2 of BACKGROUND The (City) is seeking proposals from qualified Contractors who can provide maintenance, inspection, emergency response and repair services to the City s three (3) operable elevators and one (1) accessibility lift, as shown in Exhibit A. The successful Contractor must have the capacity to service both City elevator types, and be able to perform all the work as specified within this RFP. 2.0 SCOPE OF SERVICES PRECISION ELEVATORS 2.1 PREVENTATIVE MONTHLY MAINTENANCE PROGRAM Contractor will examine the following elevator equipment for optimum operation, on the first Thursday of each month: Control and landing positioning systems. Signal fixtures. Machines, drives, motors, governors, sheaves and ropes. Power units, pumps, valves and jacks. Car and hoistway door operating devices and door protection equipment. Loadweighers, car frames and platforms, and counterweights. Safety mechanisms. Contractor will perform the following tasks during the monthly visit: Lubricate equipment for smooth and efficient performance. Adjust elevator parts and components to maximize performance and safe operation. Document all work performed on maintenance and emergency service/callback logs to be provided by Contractor. 2.2 FULL COVERAGE PARTS REPLACEMENT Contractor will perform all repairs and maintenance that may be necessary to keep the elevator in compliance with the Elevator Safety Orders, Title 8 of the California Code of Regulations, including relamping all signals as necessary and repairing or replacing components worn due to normal wear. 2.3 MONTHLY SAFETY TESTING Contractor will perform fire service operation testing on the elevator once per month, on the first Thursday of each month. 2.4 ANNUAL SAFETY TESTING Contractor will test elevator equipment as outlined in the American National Standard Safety Code for Elevators and Escalators, ANSI/ASME A17.1 and A17.3, current edition. Contractor will perform relief pressure tests on the elevator once per year.

3 Notice of RFP for Elevator Maintenance and Inspection Services Page 3 of SCOPE OF WORK GARAVENTA ACCESSIBILITY LIFT 3.1 INSPECTIONS AND MAINTENANCE Contractor will inspect and lubricate the accessibility lift twice per year. 3.2 MATERIALS AND SERVICES Contractor will repair or replace components worn due to normal wear as necessary during regularly scheduled visits. 4.0 SERVICE HOURS AND SERVICE REQUESTS Contractor will respond to service requests from the City during normal business hours, Monday through Friday, 8:00 a.m. to 4:30 p.m. (except scheduled holidays), at no extra charge. Service requests are defined as minor adjustments or emergency entrapments. Services requested by the City outside of normal business hours will be considered an afterhours response, billable at an hourly rate. 5.0 PHONE MONITORING AND EMERGENCY CALL SERVICES Contractor will provide a 24-hour phone monitoring and emergency call service. Contractor will ensure the quick dispatch of technicians when necessary. Contractor will maintain a computerized and hard copy record of calls received and actions taken. 6.0 SCHEDULES AND RECORDS Contractor will provide a work schedule for the elevator machine room and for the posting near the accessibility lift. These work schedules will be designed for each type of equipment to be serviced (e.g. hydraulic elevator) and will conform to the manufacturer s recommended practice for the particular equipment concerned. They will show the kind and frequency of service and lubrication proposed by the Contractor for the duration of the Agreement. All services will be performed in accordance with schedules submitted by the Contractor. Posted schedules will be in chart format, which will be initialed by the service technician when each scheduled inspection is performed. Contractor will maintain an accurate and complete log of all work performed during routine maintenance. Contractor will maintain an accurate and complete log of all work performed outside of routine service at each location. The log will include emergency service calls and callback. The Contractor will deliver to the Public Works Facilities Supervisor a copy of the maintenance and emergency service/callback logs on the first Thursday of each month.

4 Notice of RFP for Elevator Maintenance and Inspection Services Page 4 of CONTRACTOR S LICENSE Contractor must possess a C-11 (Elevator Contractor) license issued by the California Contractors State License Board for the duration of the Agreement for Services. 8.0 SCHEDULING OF STATE ELEVATOR INSPECTIONS AND SUBMITTAL OF APPLICATIONS FOR ELEVATOR PERMITS Contractor will apply for Two-Year Elevator Permits on behalf of the City and schedule all applicable State inspections with the Department of Industrial Relations, Division of Occupational Safety & Health. Contractor will be responsible for submitting completed Elevator Permit Applications to: California Department of Industrial Relations Elevator Unit Santa Ana District Office 2000 E. McFadden Ave, Suite 208 Santa Ana, CA EXCLUSIONS Contractor will not be responsible for cosmetic, construction, or ancillary components of the elevator system, including the finishing, repairing, or replacement of the cab enclosure, ceiling frames, panels and/or fixtures, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to controller, hydraulic elevator jack outer casing, buried piping, alignment of elevator guide rails, smoke and fire sensors, fire service reports, communication devices, security systems not installed by the Contractor, batteries for emergency lighting and lowering, air conditioners, heaters, ventilation fans and all other items as set forth and excluded in this Request for Proposals. Contractor will not be required to make any changes or recommendations in the existing design or function of the equipment. Contractor will not be obligated to service, make renewals or repairs upon the equipment by reason of obsolescence, misuse of the equipment, another party s negligence, loss of power, blown fuses, tripped stop switches, theft, vandalism, explosion, fire, power failure, water damage, storm, lighting, nuisance calls, acts of civil or military authorities, strikes, lockouts, acts of God, or any other reason or cause beyond Contractor s control. In the event any component of the elevator becomes obsolete or outmoded, or is no longer manufactured by the original manufacturer, it shall be the City s obligation to replace the obsolete or outmoded component at the City s expense. Contractor will not be obligated to install new attachments or parts upon the equipment as recommended or directed by insurance companies, any governmental agency or authority, or any third party QUALITY ASSURANCE Contractor will maintain all equipment in good operating condition in accordance with manufacturer s specifications and will ensure the utilization of the latest industry methods and technology available. Contractor s technicians will be equipped with the tools, materials and knowledge necessary to maintain and repair the equipment and systems specified herein.

5 Notice of RFP for Elevator Maintenance and Inspection Services Page 5 of 10 Contractor must be in compliance with all Government Codes including the California Code of Regulations, Title 8, Safety Orders and ANSI/ASME A17.1 and A PROGRAM SCHEDULE 11.1 CONTRACTOR SELECTION SCHEDULE The City intends to utilize the following planning chart for the timetable and process of evaluating engineering proposals. The time table is subject to change at City s discretion. Release of RFP 2/28/18 Request for Information Due at 5:00 p.m. 3/8/18 Proposals Due at 4:30 p.m. 3/15/18 Proposal Evaluation Period 3/16/18-3/20/18 Agreement Approval 3/26/18 All questions regarding this RFP must be received in writing by 5:00 p.m. on Thursday, March 8, Any changes to the RFP requirements will be made by addendum. All addenda shall be signed by proposers and attached to the proposal. Failure to attach any addenda may render the proposal non-responsive and cause it to be eliminated from consideration DELIVERABLES Deliverables will include: Monthly equipment maintenance services Monthly and Annual safety tests 24-hour emergency call services Work schedules for equipment maintenance Copies of maintenance and emergency service/callback logs 13.0 PROPOSAL FORMAT GUIDELINES Interested Contractors are to provide the City with a thorough proposal using the following guidelines: 13.1 COVER The cover should clearly display the title of this RFP, Elevator Maintenance and Inspection Services Proposal. Each submittal should have tabs numbered with the following categories: 13.2 EXECUTIVE SUMMARY

6 Notice of RFP for Elevator Maintenance and Inspection Services Page 6 of 10 Provide a cover letter that states the title of the RFP. Include the following information: Primary contact for the submittal Street address(post office boxes are not acceptable) Telephone number Fax number address Web address, if applicable 13.3 INTRODUCTION Provide general information about your firm including size, scope of practice, years in business, number of employees and office location(s). State the legal name, address and legal structure of your firm PROGRAM TEAM AND MANAGEMENT Organization: This section should include a listing of the staff and management proposed for the Services to be provided, as well as an organization chart Prior Experience: Indicate the relevant experience of the firm in undertaking this work. Provide a description of at least five previous Service Agreements. For each Service Agreement, identify the client and client contact, type of funding, and cost Key Staff: Indicate the education, registration, licenses and certifications, background and relevant experience of the individuals principally responsible for the completion of the work. Indicate years with your firm and whether qualifying experience was with your firm. Identify the roles, responsibilities and time commitment of all key staff. Include resumes of key staff APPROACH TO REQUESTED SERVICES State your understanding, approach to the services, proposed methodology and any suggestion for the City SCHEDULE AND HOURS Provide your proposed schedule for the maintenance services for the equipment listed in Exhibit A CITY PROVIDED SUPPORT State any support you will require from the City ADMINISTRATIVE REQUIREMENTS Signature: The Proposal will be signed by a company officer authorized to bind the firm and will contain a statement indicating that the proposal is valid for ninety (90) days.

7 Notice of RFP for Elevator Maintenance and Inspection Services Page 7 of Questions Regarding the RFP: Please direct any question regarding this RFP in writing to the City s Public Works Manager, Bernardo Iniguez, at biniguez@bellflower.org or via fax at COST PROPOSAL The City is interested in a cost proposal consisting of monthly rates for maintenance and inspection services listed herein, including a rate schedule for services provided outside of normal business hours GENERAL TERMS AND CONDITIONS 14.1 AGREEMENTS BETWEEN CONTRACTOR AND CITY The City will prepare an Agreement for Services for implementation between the successful Contractor using the template in Exhibit B. Proposal must state Contractor s willingness to enter into City s agreement as represented in Exhibit B, or list any amendments that may be proposed STATUTORY REQUIREMENTS The Services performed by the Vendor in accordance with an Agreement executed pursuant to this RFP must be in full conformance with all requirements, laws, rules and regulations of the State of California, all laws, rules, requirements and regulations of the Federal Government, and all local ordinances to the extent applicable LATE SUBMITTALS It is the Contractor s sole responsibility to ensure proposals are received at the City Hall Receptionist s Desk prior to the scheduled closing time specified in this RFP. Submittals will not be accepted after the deadline. Postmarks will not be accepted. Failure of, or disturbances in any mail service is not a legitimate reason for Statements of Proposals to be submitted after the above due date. s and facsimiles will not be accepted EVALUATION OF SUBMITTALS The City will evaluate submittals with the intent of selecting the most qualified Contractor. Evaluation criteria include but are not limited to the following: Evaluation Factor %Weight Cost/Value 50 Meaningful experience providing Elevator Maintenance and Inspection Services 20 Compliance with RFP requirements (Scope of Services, Proposal Format, etc.) 15 Responsiveness and thoroughness of proposal 10 Level of care and support provided to internal and external customers 5 Total 100

8 Notice of RFP for Elevator Maintenance and Inspection Services Page 8 of 10 After evaluation of the proposals, negotiation for the price of the agreement will commence with the top ranked proposer based on the submitted cost proposals. If agreement cannot be reached, negotiations may be initiated with the next ranked proposer REJECTION OF PROPOSALS The City reserves the right to reject all proposals received in response to this RFP and to waive any informality in any proposal if it is determined to be in the best interest of the City to do so PROPOSAL VALIDITY PERIOD Each Proposal must contain a statement to the effect that the Proposal is a firm offer for 180 days from the Submission Date. This statement must be signed by an individual authorized to contractually bind the Vendor, and must include his/her name, title, address, and telephone number. All prices quoted must be firm and fixed for the full contract period SUBSTITUTION OF PERSONNEL If one or more of the key personnel represented in the proposal becomes unavailable during the course of the programs, then the Contractor may substitute other personnel of at least equal competence upon written approval of the City. In the event that the City and Contractor cannot agree as to the substitution of key personnel, the City will be entitled to terminate the Agreement for Services with the Contractor DOCUMENTS TO BE CONSTRUED TOGETHER The RFP and all documents incorporated by reference in an agreement entered into between the Contractor and the City, and all modifications of said documents, will be construed together as one document INSURANCE REQUIREMENTS The Contractor will maintain at a minimum the insurance requirements specified in the Maintenance Services Agreement EXTRA WORK The City will have the right to make alterations, eliminations, and additions to the work. Exercise of such right will in no way void the agreement. The City and the Contractor will agree upon the value of such extra work or deleted work prior to proceeding with the said extra work SUBMITTALS Three (3) copies of the proposal must be received by the date and time specified above in this RFP. Hand deliver, express, or mail proposals only to:

9 Notice of RFP for Elevator Maintenance and Inspection Services Page 9 of 10 Public Works Department Attn: Bernardo Iniguez, Public Works Manager Civic Center Drive Bellflower, CA PREVAILING WAGES A. Pursuant to Labor Code 1720, and as specified in 8 California Code of Regulations 16000, the service provider must pay its workers prevailing wages. It is the service provider s responsibility to interpret and implement any prevailing wage requirements and the service provider agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code , copies of the prevailing rate of per diem wages are available on the website for State of California prevailing wage determination at C. The City directs the service provider s attention to Labor Code , and 3098 concerning the employment of apprentices by the service provider or any subcontractor. D. Labor Code requires the service provider or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. iii. iv. When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or When the service provider provides evidence that the service provider employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v. The service provider is required to make contributions to funds established for the administration of apprenticeship programs if the service provider employs registered apprentices or journeymen in any apprenticeable trade on such

10 Notice of RFP for Elevator Maintenance and Inspection Services Page 10 of 10 contracts and if other the service providers on the public works site are making such contributions. vi. The service provider and any subcontractor must comply with Labor Code and in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. The service provider and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by the City, the service provider must provide copies of the records at its cost DIR REGISTRATION The service provider and any subcontractors must be registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 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 DIR pursuant to Labor Code section Attachments: Exhibit A: List of Operable Elevators to be Maintained Exhibit B: Sample Maintenance Services Agreement

11 CITY OF BELLFLOWER NOTICE OF REQUEST FOR PROPOSALS APPENDIX A Unit Qty Location Civic Center Dr., Bellflower, CA Bellflower Blvd, Bellflower, CA, Bellflower Blvd, Bellflower, CA, Manufacturer Elevator Nos. Elevator Style Type Service Frequency Precision Hydraulic Passenger Monthly Otis , Garaventa Hydraulic Passenger Monthly Accessibility Lift Passenger Bi-annually

12 AGREEMENT FILE NO. XXX MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF BELLFLOWER AND CONTRACTOR FOR ELEVATOR MAINTENANCE AND INSPECTION SERVICES THIS MAINTENANCE AGREEMENT ( Agreement ) is made and entered into this 26th day of March 2018, by and between the CITY OF BELLFLOWER, municipal corporation and a general law city ( CITY ) and Contractor, a type of organization, e.g., corporation, and state of incorporation ( CONTRACTOR ). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR for CONTRACTOR s services not to exceed a total of $XXX for the work. CITY will pay for work on the basis of the hourly rates and cost reimbursement rates as specified in the attached Exhibit X, which is incorporated by reference. 2. TERM. The term of this Agreement will be from Date to Date. The Agreement may be renewed upon mutual consent of the parties by amending this Agreement. 3. SCOPE OF SERVICES. A. This Agreement may be used for maintenance services which include the following: i. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. ii. Minor repainting. iii. iv. Resurfacing of streets and highways at less than one inch. Landscape maintenance. Page 1 of 9

13 Agreement File No. XXX Elevator Maintenance and Inspection Services Page 2 of 9 v. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems and electrical transmission lines of 230,000 volts and higher. vi. Carpentry, electrical, plumbing, glazing, and other craftwork. B. CONTRACTOR will perform the maintenance services listed in the attached Exhibit X, which is incorporated by reference. The provisions contained in this Agreement supersede any conflicting provisions in Exhibit X. C. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES. A. Pursuant to Labor Code 1720, and as specified in 8 California Code of Regulations 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code , copies of the prevailing rate of per diem wages are available upon request from CITY s Engineering Division or the website for State of California Prevailing wage determination at CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR s attention to Labor Code , and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:

14 Agreement File No. XXX Elevator Maintenance and Inspection Services Page 3 of 9 i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. iii. iv. When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi. vii. CONTRACTOR and any subcontractor must comply with Labor Code and in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 5. PAYMENTS. A. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit a detailed invoice to CITY.

15 Agreement File No. XXX Elevator Maintenance and Inspection Services Page 4 of 9 B. CITY s City Manager may make payments up to $Amount for special items of work not included in the project scope of work and services. Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement. 6. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has: i. Thoroughly investigated and considered the scope of services to be performed; ii. iii. Carefully considered how the services should be performed; and Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR s own risk until written instructions are received from CITY. 7. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability $2,000,000 Professional Liability $1,000,000 Workers compensation Statutory requirement

16 Agreement File No. XXX Elevator Maintenance and Inspection Services Page 5 of 9 B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as additional insureds under said insurance coverage and to state that such insurance will be deemed primary such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an occurrence, not a claims made, basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA , including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of A:VII. Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word endeavor with regard to any notice provisions. E. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the selfinsured retention ( SIR ) and deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR s behalf upon the CONTRACTOR s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

17 Agreement File No. XXX Elevator Maintenance and Inspection Services Page 6 of 9 8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and B. CITY gives CONTRACTOR a written notice to proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR s own risk. 9. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY s termination under this Section. 10. INDEMNIFICATION. A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney s fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section CITY includes CITY s officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

18 Agreement File No. XXX Elevator Maintenance and Inspection Services Page 7 of INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 12. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Such noticing does not include day-to-day communications between CITY s and CONTRACTOR s project managers. Notice sent by mail will be addressed as follows: If to CONSULTANT: If to CITY: Attention: Click here to enter text. Attention: Click here to enter text. Address Click here to enter text Civic Center Drive Click here to enter text. Bellflower, CA phone (562) B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 14. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

19 Agreement File No. XXX Elevator Maintenance and Inspection Services Page 8 of CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 16. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 18. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 19. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County. 20. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Bellflower City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY s city manager may execute any such amendment on behalf of CITY. 21. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code 16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature. 22. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 23. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

20 Agreement File No. XXX Elevator Maintenance and Inspection Services Page 9 of FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties control, then the Agreement will immediately terminate without obligation of either party to the other. 25. ENTIRE AGREEMENT. This Agreement and its attachment(s) constitutes the sole agreement between CONTRACTOR and CITY respecting Click here to enter text.. To the extent that there are additional terms and conditions contained in the exhibit(s) that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. CITY OF BELLFLOWER Contractor Jeffrey L. Stewart, City Manager Name, Title ATTEST: Mayra Ochiqui, City Clerk Taxpayer ID No. enter no. APPROVED AS TO FORM: Karl H. Berger, City Attorney