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10-97 F ' 4 Resolution No. 10-97 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THOMPSON ELEVATOR INSPECTION SERVICE, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS. that Sean R. Stegall,City Manager,be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Thompson Elevator Inspection Service,Inc.,for elevator inspections, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 12, 2010 Adopted: May 12, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk r a CITY OF ELGIN, ILLINOIS, AGREEMENT FOR RFP#10-019 Contracted Elevator Inspections "This Agreement is made and entered into this 1 a44"day of ,2010, by and between the City of Elgin ("the CITY"), a F municipal corporation organized and existing under the laws of the State of Illinois, and 'ThOtIem e/e47f4i /olfrchn, Jen,a' mc- ,incorporated in the state of 1///h oiS and having a principal place of business at /3O� E 7ha..q€f 6'f, ,.W fosprf d,,0.16 ("the CONTRACTOR"). ARTICLE L DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement, the Request for Proposals (RFP) including all documents referenced therein and the Contractor's bid response(bid)thereto incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the IFB and CONTRACTOR'S Bid. In the event there is a conflict between this Agreement and the bid documents, the bid documents shall supersede this Agreement. ARTICLE II. DURATION. The term of this contract shall be from April 29,2010,date of award of contract,whichever is later, through April 28,2011 -with an option for two(2)one year renewals by mutual consent of the contracting parties. ARTICLE HI. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY,b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including,but not limited to,the following: (i) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR'S reasonable control,(ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR'S reasonable control, (iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY,(iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT, including, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen(14)days prior written notice. ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for goods or services,the CITY may keep for its own the ell4ole or any part of the amount for expenses, losses,and damages as directed by the Purchasing Director,incurred by the CITY as a onsequence of procuring goods or services as a result of any failure,omission,or mistake of the CONTRACTOR in providing goods or services as provided in THIS CONTRACT. ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances, such clause shall be void(the remainder of the contract shall not be affected)and the laws or ordinances shall be operative in lieu thereof. ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color,religion, sex, ancestry, national origin,place of birth, age or physical handicap which would not interfere with the efficient performance of the job in question. The CONTRACTOR will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. The CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976,is hereby incorporated by reference,as if set out verbatim. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE IX. NOTICES. Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S.mail,certified or registered,return receipt requested,addressed,if to CONTRACTOR,at the address set forth above to the attention of the project manager or undersigned representative,and if to the City,to the attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. 12 ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to and shall indemnify,defend and hold harmless the City, its officers, employees,boards and commissions from and against any and all claims, suits,judgments,costs, attorney's fees,damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Contractor or Contractor's officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City,its officers,employees, agents,boards or commissions covered by the foregoing duty to indemnify,defend and hold harmless,such action shall be defended by legal counsel of the City's choosing. ARTICLE XI. PUBLICITY. The CONTRACTOR may not use, in any form or medium,the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XII. APPROPRIATIONS.The fiscal year of the CITY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. It for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY'S obligations under the contract are not appropriated and authorized,then the CONTRACT shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted,whichever is later,without liability to the CITY for damages,penalties or other charges on account of such termination. ARTICLE XIII. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises, terms, conditions or obligations other than those contained therein; and this agreement shall supersede all previous communications,representations,or agreements,either verbal or written,between the parties. ARTICLE XIV. COMPLIANCE WITH LAWS. Notwithstanding any other provision of this CONTRACT it is expressly agreed and understood that in connection with the performance of this CONTRACT that the CONTRACTOR shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages,minimum wage,workplace safety and legal status of employees. CONTRACTOR shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work,and/or the products and/or services to be provided for in this CONTRACT." ribk The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONTRACTOR CITY OF ELGIN ;t4s. )1411-770.414, a. Name Sean Stegall Pres( •c!ent City Manager Title U� } 1 r l©I'1��50Y1�J�Y�a�o�4 CCS M Email Ad ss j- agLJas7y FEIN 13 OF EtC oG` City of Elgin Agenda Item No. k\$ 112t lz Y� j April 22, 2010 TO: Mayor and Members of the City Council '--' martially Stn6&- FROM: Sean R. Stegall, City Manager 4Q.,15City<;dtYtt,tnett. Raoul Johnston, Building Official SUBJECT: RFP 10-019, Contracted Elevator Inspections PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a contract for elevator inspections. RECOMMENDATION "` It is recommended that the City Council approve an award of a one year contract, with two (2) one year options to renew, if mutually agreed upon, to Thompson Elevator Inspection Services at a zero net cost to the city. BACKGROUND The Department of Code Administration and Development Services manages the elevator inspection program. This program consists of the semi-annual inspections of 438 elevators at over 225 buildings and the inspection of newly constructed elevators including plan reviews. Thompson Elevator Inspection Service has performed these services for the City of Elgin for over 25 years. The City has received two proposals for this service from Bureau Veritas National Elevator Inspection Services (Bureau Veritas) and Thompson Elevator Inspection Service (Thompson). The proposal package includes prices for semi-annual inspections, elevator plan review and new construction inspections. The monetary difference noted is that the Bureau Veritas bid is $300 per final acceptance inspection versus the Thompson bid of$50. Thompson is also substantially less expensive for all of their inspections, re-inspections and plan review services. The elevator code requires all inspectors to be Qualified Elevator Inspector (QEI) certified. Thompson has a union shop with 17 inspectors, all QEI certified. Cell phone numbers are available for the Thompson employees in case of emergency. I RFP 10-019, Contracted Elevator Inspections April 22, 2010 Page 2 During the 25 plus year relationship with the City, Thompson has assisted staff in developing the current elevator inspection program. It would be in the city's best interest and best value to continue the long relationship with Thompson, especially due to their past track record of excellent service and quality work. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. vikFINANCIAL IMPACT The cost of the contract with Thompson Elevator Inspection Service will not exceed $39,000. There are sufficient funds budgeted ($56,203.) and available ($44,345.) in the General Fund, Community Development Department, "Miscellaneous Professional Services, account number 010-1604-717.30-99 to pay for the contract. Additionally, elevator license fees, paid for by the elevator owner are expected to cover the cost of the elevator inspections. LEGAL IMPACT 111 None. ALTERNATIVES 1. The City Council may choose to award the contract as recommended to Thompson Elevator Services. 2. The City Council may choose not to award the contract as recommended to Thonpson Elevator Services. Respectfully submitted for Council consideration. RJ Attachment w ye , CORPORATE OFFICE 7.c0 . .uw m r � NATIONAL ELEVATOR INSPECTION SERVICES 1828QiEly BUREAU a division of Bureau Veritas North America � � 10855 Metro Court• Suite 8• St. Louis,MO 63043 800-886-6347 Fax: 314-890-0605 neis.mail@us.bureauveritas.com Elevator Inspection Prici ng for the City of Elgin, IL April 5, 2010 Type Inspection Unit Price Annual No Load Test (CAT 1) $120.00 Annual No Load Test w/ CWT Safety $300.00 Annual Pressure Test $120.00 Annual Roped Hydraulic Pressure Test $150.00 Annual Escalator Test $150.00 Annual Dumbwaiter Test $90.00 Full Load Pressure Test $250.00 Full Load Roped Hydraulic Test $400.00 5 Year Full Load Test (CAT 5) $300.00 5 Year Full Load Test w/CWT Safety (CA.T 5) $450.00 Final Acceptance Test Traction (New Installation) $450.00 Final Acceptance Test w/ CWT Safety (N 3w Installation) $600.00 Final Acceptance Test Hydraulic (New In,tallation) $300.00 Final Acceeptance Test Dumbwaiter (New Installation) $150.00 Final Acceptance Test Escalator/Moving Walk (New Installation) $300.00 Re-inspections for all unit types $80.00 Plan Review $65.00 /hour Any required overtime hours $140.00/hour Elevator Inspection Pricing for the City of Elgin, IL April 5, 2010 Continued Type inspection Unit Price Smoke & Heat Test $250.00 Accident Investigation $250.00 • THOMPSON ELEVATOR INSPECTION SERVICE, INC. 1302 E. Thayer Street Mt. Prospect,Illinois 60056 Phone (847) 296-8211 Fax(847) 296-5424 SCHEDULE OF FEES Inspections made between Monday through Friday from 8 a.m. - 5 p.m. ���ai.��-'� e.�ai[�y�'"per`'x�'q�c'r+�i`�>,.��+ ...c, Y-.re ..:-,+. 4 °�.-B.�Z.n. .-.-ti c...F�.4..Y.w tt Safety Inspection •Existing elevators •TEIS provides forms $35.00 per unit •Existing escalators •TEIS provides insurance •Existing dumbwaiters •TEIS provides copies of all •Existing freight elevators inspections to municipality •Existing lifts: dock,wheelchair,material,casket, scissor,etc. • Re-Inspection when unit's item(s).are not completed. on first inspection New Construction.(NC)or •New installed or modernization of elevators •TEIS provides forms Mod New Construction-(Mod NC) •New-installed-or modernization of escalators •TEIS provides insurance- $50.04 per unit •New installed or modernization of dumbwaiters • TEIS provides copies of all •New installed or modernization of freight elevators inspections to municipality •New installed or modernization of lifts:dock, wheelchair,material,casket,scissor,etc. •Re-Inspection of new con auction or modernization of, when unit's item(s)are not completed on first inspection :hiteetural Plan Review Review of architectural plans,if requested. Completed plan review returned to ,,ew or MOD Construction) municipality $50.00 per unit Final Elevator Shop Drawings Review of elevator drawings. Completed review returned to (New or MOD Construction) municipality $50.00 per unit Safety Inspection Not Ready Follow-up inspection due to building and unit not being •TEIS provides form $35.00 per unit ready on day of scheduled inspection. •TEIS provides insurance Witness Fees In court or out of court on the municipalities behalf $50.00 per hour Thank you!! r THOMPSON ELEVATOR INSPECTION SERVICE, INC. 1302 E. Thayer Street Mt. Prospect,Illinois 60056 Phone (847) 296-8211 Fax (847) 296-5424 CITY OF ELGIN-BID RFP NO.10-019 ESTIMATED PRICING SUMMARY BASED ON CURRENT TOTAL CONVEYANCES BID PERIOD ENDING APRIL 14,2011 WITH TWO(2)ONE-YEAR RENEWAL As the current elevator inspection service,records show 438 active conveyance units. The chart below is based on that number. It is important to note the Illinois Elevator Safety Act mandatory upgrade timeline due dates had been extended—completion is 2015, updgrade work can begin earlier, but should start in 2013. See link for more upgrade details: http://www.state.il.us/osfm/Elevator/Documents/Upgrade Requirements Per Public Act 096-0054 7-23-09.ndf ee ° -.` - "; �yY.. x�.�.,,. ,��s *;,,a :.Sf. �� ,• y�:g.�..r.,A-v}i�^b�,�se �:;F�;� ';,j�,i„�```.,. .�y?: i�3 �C, y � �j� 2 'el`VIi 'At* r :r;�"t „ .;y �,:rci l ,.py -Y �c ( 0.3`•: 'i/� `+y;_ l - Stkb"T6 . 1 t rpt �r,Ts cxy �,",It<4w. ;�,n-e#} 'j ..z. 1e. 1. Semi-Annual Inspections(Total Units:ACTIVE)438 a 2 876 $35.00 $30,660.00 2. Semi-Annual Re-Inspections estimated at 15%of total units 131 $35.00 $4,585.00 (estimate 100 per inspection cycle) 3. Plan Reviews-New or Mods—repair/replace or full mod 23 $50.00 1,150.00 (architectural or elevator final shop drawings) (number based on what was processed from 2009) ( 4. Acceptance Inspection-New or Mods—repair/replace or full mod 26 $50.00 (number based on what was processed from 2009) 5. Re-Inspections of Acceptance Inspection-estimated at s0%atom!installs 15 $50.00 750.00 New or Mods—repair/replace or full mod (number based on what was processed from 2009) PRICE SUMMARY Items 1-2 $30,660.00 $4,585.00 Items 1-2 Sub-Total $35,245.00 Items 3-5 1,150.00 1,300.00 750.00 Items 1-5 Grand Total $38,445.00 .'4 OF ESC A % Memorandum :r % , City of Elgin -4,41CDtO. Date: May 25, 2010 To: Raoul Johnston, Plan Examiner From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 10-97, Adopted at the May 12, 2010 Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Agreement with Thompson Elevator Inspection Service, Inc.