00-053 Mckinley Equip. Corp.~~
CITY f3F
CUPETIfl
AGREEMENT
CITY OF CIJPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
NO.
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BY THIS AGREEMENT, made and entered into on the 12th day of APRIL , 2000 ,
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) McKINLEY EQUIPMENT CORPORATION _ (2)
Address 17611 ARMSTRONG AVENUE City IRVIPfE Zip 92614 Phone (415) 626-9951
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
INSTALL WHEELCHAIR LIFT AT SPORTS CENTER BY JULY 1, 2000
EXHIBITS: TF)~ following attached exhibits hereby are made part of this Agreement:
EXHIBIT A' PROPOSAL
TERMS: The services and/or materials furnished under this Agreement shall commence on _~PRIL 12 . 2000
and shall be completed before JULY 1, 2000
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
NOT TO EXCEED $18,157.00
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in
excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and
liabili including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
b sable for acts of Contractor in performing services described herein.
UE TO NEGLIGENCE, ERRORS AND OMISSIONS,
Insurance: Should the City require evidence of insurability, Contract~~r shall file with City a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color,
national origin, ancestry, religion or sex of such person.
Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the
relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent
contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor
certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any
kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME CARMEN LYNAUGH _ DEPARTMENT ptTRLIC WCIF.KS
This Agreement shall become effective upon its execution by I:,ITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRA T~ ,'~ ~~~~ C:ITY O UPERTINO:
Il~y ~
By W. Michael M ley Ely
Title President l'itle PUBLIC WORKS PROJE S A R
Soc. Sec. #
APPR EXPENDITURE DISTRIBUTION
DEPARTME A DA ACCOUNT NUMBER AMOUNT
~ ~
CITY C DATE
S~// dOd
420-9206-9300
$18,157.00
White: City Clerk Green: Finance Yellow: Contractor ~ ~ ~ Receiving Gold: Department
~~ 1
l~lcKin ey
EQUIPMENT
CORPOFIATION
•
PROPOSAL NO. 572-00
CITY OF CUPERTINO
Attention: Carmen Lynaugh
10300 Torre Avenue
Cupertino, California 95014
Re: Sports Center
DATE April 7, 2000
FOB Jobsite
DELIVERY 8 Weeks After Receipt
of Approved Shop Dwgs
TERMS
See Page 2
1 WHEELCHAIR LIFT, MODEL PCDE-108 -Manufactured by NATIONAL WHEEL-O-VATOR COMPANY,
INCORPORATED with the following special feature: included in the price:
Spacious 12.5 Square Foot Platform
42" x 60" Clear Platform
Metal Side Guard Panels
Instant Reversing Motor
Platform Safety Obstruction Mat
Safety Landing Gate (Upper/LowerlMid)
Clear or Smoke Plexiglass Panels
90° Tum
Platform Grab Rail
Shroud With Components
Foldable Base for Small Dooways
Up/Down Control On Platform
Adjustable Upper & Lower Limit Switches
Keyed Switch Protection
Emergency Manual Operation
Floor To Floor 109" Surface Mount With Ramp
Electrical: 115 Volts, Single Phase, 20 Amp Circuit
Emergency Stop And Alarm with Battery Back Llp
Two (2) Station Switches
Runway disconnect switch
Lift Carries UL #70392 On Entire Assembly for Outdoor Use
Baked Polyester Urethane Finish
Color Textured Off-White
Totally Enclosed Housing
Bolted Enclosure Which Can Be Removed for Going Through Small Doorways
PRICE INSTALLED, SALES TAX INCLUDED........,. .................................................... $17,932.00
INSTALLATION
1. MECHANICAL General Contractor unloads lift and places it upright at install position (at
exact site of installation). We assemble and lag to floor with four (4) 1/2" x 3-1/2" bolts.
General Contractor must provide upper landing sill to hold upper gate and railing on wall to
anchor latch and hinge posts. We anchor to supports. Load test weights by GC.
SUBJECT TO TERMS ON REVERSE SIDE
SAN FRANCISCO IRVINE SERVICE SAN DIEGO
555 Fulton St., Ste. 202 17611 Armstrong Avenue For All Locations 8745 Aero Drive, Ste 308
San Francisco, CA 94102 Irvine, California 92614 800/229-7275 San Diego, CA 92123
415/626-9951 FAX 415/626-9954 949/261-9222 FAX 949/250-7301 FAX 949/261-1326 858/560-9882 FAX 858/560-9998
salesCmckequip.com
~?~FiiBIT A
572-00
Page 2
2. ELECTRICAL Electrician brings power to runway disconnect on our lift. Electrician provides
fusible, lockable remote disconnect. Electrician runs low voltage wires in conduit for remote call
station at mid level as located by owner with pull cords installed by electrician. McKinley makes
final connection. Electrician must have lift on his permit and accept low voltage wiring as being in
accordance with local codes. McKinley furnishes wiring and conduit diagrams. Remote alarm, if
required, by others.
NOTE:
1. MANDATORY STATE ELEVATOR DIVISION INSPECTION AND PERMIT ARE INCLUDED;
750# LOAD TEST WEIGHTS BY GENERAL CONTRACTOR.
2. Runway disconnect required by Title 8 is included.
3. Product offered is an alternate/the brand specified.
4. McKinley unloads lift from common carrier and places it upright at install position.
5. A certificate of insurance with a limit of $2 million comprehensive can be furnished.
6. Factory standard finish (baked polyester urethane and color (textured off-white) will be furnished.
Custom and special colors are available at extra cost or field paint by others.
7. Shroud (tower) requires back support at upper level. We anchor to supports.
8. Gate posts require side support-all by others.
9. Industrial type hollow metal doors with frame are included. The painting and mounting all by GC.
10. Pricing is based on non-union labor.
11. Prevailing wage requirements per McKinley determination letter from State of California.
12. Terms of payment: 30% with approved submittals; 60% when ready to ship; 10% 30 days after
furnishing elevator permit; no retention.
13. Price valid for 30 days, based on material delivery within 270 days.
14. Installation must be scheduled after conduit is in place when we will have clear access to work
area and power is available for equipment operation, adjustment and testing.
15. Contractor License #484193.
16. Contract subject to credit approval.
17. There will be a 30% charge if order is cancelled after placement with McKinley Equipment.
EXCLUSIONS:
1. Bonds, seismic calculations and local permits.
2. Liquidated damages, if applicable.
3. All conduit runs, control wires, "J" boxes and remote fusible, lockable disconnect for electrical
controls and power.
4. Railings/Filler panels next to gate posts.
5. Site preparation, concrete work, striping around lift and all signage.
6. Remote alarm.
Respectfully submitted,
r MCKINLEY EQUIPMENT CORPORATION
~.~;c~
Neil Chaitin
NC1vr
408-777-3215/777-3333 Fax
Accepted By
Date