HomeMy WebLinkAboutItem No. 05 - Agreement with GMS Elevator Services Inc. for repairing the Damaged Elevator at_202403212331572295)Agreement with GMS Elevator Services Inc. for repairing the Damaged Elevator at
Rosetta Canyon Sports Park
Approve and authorize the City Manager to execute the Contractor Services Agreement
with GMS Elevator Services Inc. for the repair of the damaged elevator at Rosetta Canyon
Sports Park for a not-to-exceed amount of $151,265.00 in such final form as approved by
the City Attorney; and authorize the City Manager to execute change orders not exceeding
a 10% contingency of $15,126.50 for uncertainties and adjustments.
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:March 12, 2024
Subject: Agreement with GMS Elevator Services Inc. for repairing the Damaged
Elevator at Rosetta Canyon Sports Park
Recommendation
Approve and authorize the City Manager to execute the Contractor Services Agreement with GMS
Elevator Services Inc. for the repair of the damaged elevator at Rosetta Canyon Sports Park for
a not-to-exceed amount of $151,265.00 in such final form as approved by the City Attorney; and
authorize the City Manager to execute change orders not exceeding a 10% contingency of
$15,126.50 for uncertainties and adjustments.
Background
On September 20, 2023, the Rosetta Canyon Sports Park restroom and concession building
sustained a fire in the elevator lobby. The fire was rapidly reported and extinguished by fire
department responders. While extinguishing the fire, water damaged the elevator's control
components, making the elevator unusable.
Discussion
Staff filed an insurance claim for the loss and repair of property with the City's insurance carrier.
The City's insurance claim has been accepted, and the cost of the damaged property has been
recovered. The elevator repair is the only remaining item to be resolved from this damaged claim,
and the insurance adjusting agent has requested estimates for the elevator damage. Below are
the repair estimates. Elevator Support Services provided a repair estimate acceptable to the
insurance company, and on January 23, 2024, the City Council awarded an
agreement. Unfortunately, Elevator Support Services has failed to deliver liability insurance,
labor, material, and performance bonds to the City and a signed agreement. All these
requirements are needed to execute an agreement and begin work.
Staff has received another repair estimate pre-approved by the City's insurance company from
GMS Elevator Services Inc. The GMS Elevator Services Inc. repair estimate is very competitive,
GMS Elevator Services, Inc.
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and they can satisfy all the contractual requirements. The City's insurance carrier has approved
the repair estimate from Elevator Support Services for $151,265.00. With the approval of this
agreement, the City will initiate the repair of the elevator.
Fiscal Impact
The repair cost is covered under the City's property loss, all risk insurance.
Attachments
Attachment 1- Agreement GMS Elevator Services
Exhibit A - Proposal GMS Elevator Services
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AGREEMENT FOR CONTRACTOR SERVICES
GMS Elevator Services Inc.
Rosetta Canyon Elevator Reconstruction
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of
March 12, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
GMS Elevator Services Inc, a California Corporation ("Contractor").
RECITALS
A. The City has determined that it requires the following contractor services:
Elevator reconstruction per the contractor proposal.
B. Contractor has submitted to City a proposal, dated February 28, 2024, attached
hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor
services to City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification, and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Contractor to perform the services as provided herein and
Contractor desires to provide such contractor services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services described in Contractor’s
Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner
specified in Contractor’s Proposal, subject to the direction of the City through its staff that it may
provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Contractor
is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Contractor’s Proposal (Exhibit A).
b. Performance Schedule. Contractor shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Contractor’s Proposal (Exhibit A). When requested by
Contractor, extensions to the time period(s) specified may be approved in writing by the City
Manager.
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c. Term. The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Contractor’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Contractor shall be in accordance
with the fees set forth in Contractors’ Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Contractor’s compensation exceed one
hundred fifty one thousand two hundred sixty five dollars and no cents ($151,265.00) without
additional written authorization from the City. Notwithstanding any provision of Contractor’s
Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost
without an inflator or administrative charge. Payment by City under this Agreement shall not be
deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor’s bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor’s bills shall include a brief description of
the services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Contractor’s
personnel who perform work required by this Agreement, including but not limited to their
references, character, address history, past employment, education, social security number
validation, and criminal or police records, for the purpose of confirming that such personnel are
lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons
or property in and around the vicinity of where the services will be rendered or City Hall. If the City
makes a reasonable determination that any of Contractor’s prospective or then current personnel
is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not
use that personnel to perform work required by this Agreement, and if necessary, shall replace
him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents, and other
writings prepared by and for Contractor, its officers, employees and agents and subcontractors in
the course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Contractor or to any other party. Contractor shall, at Contractor’s expense, provide such reports,
plans, studies, documents, and other writings to City upon written request. City shall have sole
determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Contractor shall be immediately referred to City, without any other actions by
Contractor.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Contractor
under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Contractor represents and warrants that
Contractor has the legal right to license any and all Documents & Data. Contractor makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Contractor or provided to Contractor by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the performance
of this Agreement shall be held confidential by Contractor. Such materials shall not, without the
prior written consent of City, be used by Contractor for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Contractor which is otherwise known to Contractor or is generally known, or has
become known, to the related industry shall be deemed confidential. Contractor shall not use
City’s name or insignia, photographs relating to project for which Contractor’s services are
rendered, or any publicity pertaining to the Contractor’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
8. Contractor’s Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor to
this Agreement.
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b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Contractor, Contractor’s
representatives, or Contractor’s successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Contractor shall at all times be under
Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Contractor or any of Contractor’s officers,
employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Contractor as provided in the
Agreement, Contractor and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates, and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
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by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Contractor’s services
hereunder. Contractor further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation, or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Contractor. City has relied upon the professional training
and ability of Contractor to perform the services hereunder as a material inducement to enter into
this Agreement. Contractor shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Contractor under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Contractor’s field of
expertise.
13. Compliance with Laws.
a. Contractor shall comply with all local, state, and federal laws and
regulations applicable to the services required hereunder, including any rule, regulation or bylaw
governing the conduct or performance of Contractor and/or its employees, officers, or board
members.
b. Contractor represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and/or business licenses, certifications and/or
permits necessary for performing the services described in this Agreement, including a City
business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance, and approvals of whatsoever nature which are legally required
of Contractor to practice its profession. Contractor represents and warrants to City that Contractor
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business
license.
15. Bonds. Contractor shall provide, before commencing work, a Faithful
Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the
contract price in the form that complies with the Project Documents and is satisfactory to the
City Attorney.
16. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
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or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Contractor from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Contractor
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
17. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Contractor
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees, and volunteers for losses arising from work performed by
Contractor for City. In the event that Contractor is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Contractor shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
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iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Contractor shall maintain
professional errors and omissions liability insurance appropriate for Contractor’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Contractor’s services under this Agreement, whether such services are
provided by the Contractor or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed
with the following specific language:
i. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers’ Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees, or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents, or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
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c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
18. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: GMS Elevator Services Inc
Attn: Natham Simpkins
401 Borrego Court
San Dimas, CA 91773
19. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Contractor under this Agreement will be permitted only with the
express consent of the City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
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22. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
23. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid,
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer, or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
24. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer, and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or
termination.
25. Prevailing Wages. Contractor is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear
all risks of payment or non-payment of prevailing wages under California law, and Contractor
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
26. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
27. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
28. Authority to Enter Agreement. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
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make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
29. Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
30. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations, and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Contractor’s Proposal.
31. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONTRACTOR”
GMS Elevator Services Inc,
By: Natham Simpkins
Its: Owner
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
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Proposal#: Q-0395
Hydraulic Elevator Modernization Proposal
Date: 02/28/2023
Customer Job Site
City of Lake Elsinore
130 S Main St,
Lake Elsinore, CA 92530
Attention: Gus
Phone: 951-764-2417
Email: gpapagolos@verizon.net
Rosetta Park
39423 Ardenwood Way,
Lake Elsinore, CA 92530
Regarding Unit(s) with State Number: # 171519, 39423 Ardenwood Way, Lake Elsinore, CA
GMS Elevator Services, Inc. proposes to furnish the necessary labor and material to modernize (1) one hydraulic
passenger elevator, located at the address above.
Dear City of Lake Elsinore,
GMS Elevator Services, Inc. is pleased to present the following proposal in the amount of $151,265.00. This price includes
tax, freight and all applicable permits. A 50% deposit is due upon approval of this proposal prior to the ordering of any
materials or scheduling of the job.
•New controller “microprocessor based”
•New car and hall way fixtures
•All new wiring to be installed throughout elevator car & hoist way
•New FCU infrared sensing edge for door protection
•GMS to install a new, all inclusive, GAL MOVFR door package (details provided below)
•Should any additional labor or materials/parts be required, the cost will be submitted in a separate proposal
Detailed herein is the modernization proposal bringing the elevator up to the current ASME A17.1-2004 Elevator code.
Please review this proposal and do not hesitate to ask any questions.
Respectfully Submitted,
Remy Rodriguez
r.rodriguez@gmselevator.com
GMS Elevator Services, Inc.
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OUTLINE OF EQUIPMENT
Elevator Controller: Remove the existing elevator controller and install a new Smart Rise microprocessor controller to
include the following:
• New "Non-Proprietary" microprocessor
• New vane type mag switches
• New hoist way mechanical limit switches
• New machine room, car, and hatch wiring
• New motor starter for longer motor life
• Phase I & II fire recall service
• Reduced torque closing
• All required State inspections upon completion.
Door Protection: Install new infrared sensing edge designed to prevent the elevator door from closing in the event of an
obstruction.
Car Operating Stations: Replace with a new car push button station to include standard, illuminating push buttons raised
1/8” to meet California handicapped codes with adjacent braille tags threaded from behind with contrasting backgrounds.
Panel shall include all required fire service features, engraved “No Smoking” and fire service instructions. Panels shall be a
stainless steel #4 finish and installed with an applied application at ADA required height. New car panels shall come
complete with a push-to-talk speakerphone, intercom grille for two-way communication, a permit holder, a rechargeable
emergency light unit and all code required fire service features. Panels shall include a digital floor position indicator with a
2” L.E.D. display of the floor and direction of travel.
Hall Call Stations: Replace with new stations at each landing. Stations shall be complete with lighted mechanical push
buttons to match new C.O.P. fixtures, engraved “In case of fire…” verbiage and will be mounted to meet A.D.A. and local
handicapped code requirements. New cover plates will be a stainless steel #4 surface at all typical floors and the main lobby
landing shall be a stainless steel #4 finish and will be applied with tamper proof fasteners. The designated “LOBBY” landing
will include an integral fire key switch.
Car Directional Lantern: Install a directional lantern to meet ADA requirements, stainless steel #4 finish.
Complete MOVFR II door package: Remove the existing Single speed, side slide, elevator door equipment. Installed in
its place will be a new, complete G.A.L. door package to include the following:
• MOVFR master power operator.
• Single speed, side slide, car door hanger with 3¼” non-metallic rollers.
• Retractable zone lock door clutch.
• Single speed, side slide, and hatch door hanger with 3¼” non-metallic rollers – (1) per opening.
• Auxiliary spring door closer – (1) per opening.
• Type GAL MO hatch door interlock – (1) per opening.
Additional Features:
• Jamb Braille: New at all floors per A.D.A. requirements.
PLEASE NOTE: When modernizing your elevator your fire life safety system may need to be upgraded to work in
conjunction with your new elevator equipment. Depending on your existing Fire Life Safety system it may be compatible
with the changes to the elevator, but it may require some upgrades. Please contact your current Fire Life Safety vendor to
determine what you will require. Please note: It’s necessary for the Fire Life Safety upgrades to be complete just before the
elevator modernization project is complete. The State of California elevator division will hold an inspection for your elevator
prior to putting it back into service and the Fire Life Safety equipment is the very first component of that test. All Fire life
safety work needs to be confirmed and estimated completion date provide to GMS in order to proceed with final
equipment production.
WORK BY OTHERS: In conjunction with this modernization the following work will be required and is to be
performed by building ownership if not currently existing:
1. Any associated cutting, patching and painting of wall surfaces.
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2. Phone line to elevator machine room.
3. Change elevator disconnect as needed to accommodate for controller upgrade.
4. Repair or modernization of the building’s fire control system.
5. Install a 120-volt, 15-amp car light and alarm circuit to elevator machine room with an on/off switch mounted in a
2 x 4 handy-box.
6. Provide a dry and safe area for the storage of elevator materials for this job.
CLARIFICATIONS:
•GMS Elevator will modernize the existing elevator as detailed specifically in this proposal only. Any device not
specifically mentioned or contained herein is excluded.
•There is no hydraulic jack assembly work included in this price. The existing jack assembly is to remain as is. If
requested, a price for this work can be submitted separately for your information and use.
•There is no cab interior or entrance work included in this price. The existing cab interiors and entrance finishes are to
remain as is. If requested, a price for this work can be submitted separately for your information and use.
•Due to the possibility of contaminated fluids and PCBs, any oil that is purged from the system will be the responsibility
of others to dispose of, not GMS.
•All work to be performed during normal GMS business hours during normal GMS working days.
•Permits: On completion of the outlined work, GMS Elevator Services, Inc. will arrange, hold and pay for DOSH
inspections. All work that pertains to the above will be corrected if called by the Elevator Inspector. Due to DOSH
Elevator Units’ adoption of the new ASME A17.1-2004 elevator code, it is possible that the inspector may call additional
requirements. They would be quoted separately.
•This proposal is valid for 60 Days from today’s date.
MODERNIZATION SCHEDULE:
1. Lead time on equipment is approximately (12-14) weeks from acceptance of contract.
2. Project duration is anticipated at four (4) weeks per elevator based on completion of contractor work, access to site and
scheduling of Elevator Inspection.
3. All work to be completed during the regular working hours of the elevator trade and we are to have the uninterrupted
use of the elevator while completing our work.
4. GMS Elevator Services, Inc. will do our best to fill every order as quickly as possible and we have been exhausting all
efforts to procure material to ensure your job ships in a timely manner; however, due to material vendor scheduling,
manpower and factory loading issues, no material orders can be placed until GMSEI is provided with written confirmation
including a date that all Fire Life Safety upgrade items are scheduled to be completed. In the event that material orders
are received by GMSEI and the jobsite is not ready, the building/customer will be responsible for accepting delivery and
storage of the equipment along with paying the equipment invoice. Please note that if the equipment cannot be stored
onsite, the building/customer is still responsible for paying the equipment invoice along with a monthly storage fee in an
amount to be determined.
Warranty:
1 year parts and labor. (Routine monthly maintenance proposal will be provided separately.)
PAYMENT TERMS:
50% due upon signed proposal (Order will not be processed until received)
40% due upon move on and delivery of equipment
10% due upon completion and Final Inspection