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HomeMy WebLinkAbout89-40 i:_ , . .. THE CORPORATION OF THE TaVN OF NEW:ASTLE BY-LAW NUMBER 89- 40 Being a ~-Law to authorize the entering into a Maintenance Agreement with United Technologies Otis Canada The Municipal Council of the Corporation of the Town of Newcastle Hereby Enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Town of Newcastle, and seal with the Corporate Seal, an Agreement between United Technologies Otis Canada and the Corporation dated this day of March, 1989, which agreement is attached hereto and marked Schedule "X". 2. That this By-Law not take effect until approved by the Ontario Municipal Board, pursuant to Section 64 (1) of the Ontario Municipal Board Act. By-LaW read a first and second time this 13th:3ay of March, 1989. ~-Law read a third time and finally passed this 13tlmay of March, 1989. ATTACHMENT "A" <. ~ UNITED .... TECHNOLOGIES . OTIS CANADA To: Corporation of the Town of Newcastle 40 Temperance Street Newcastle, Ontario L1L 3A6 Date: January 26, 1989 Proposal No.: 3190(FAX) ftJv.: ffJ We propose to furnish OTIS EXTENDED COVERAGE MAINTENANCE for the plunger electric elevators described below, located at: Newcastle Administration Building, 40 Temperance Street Newca~L~, Ontario ~.~3,u..;..; "''Qf\ v i \ I t..- ELEVATORS: One (1) Otis Hydraulic Passenger Elevator Under this contract we will maintain the plunger electric elevator equipment herein described. on the follOWing terms and conditions: We will use tramed men directly employed and supervised by us. They will be qualified to keep your equipment properly adJusted, and.they will use all reasonable care to maintain the plunger electriC elevator equipment in proper and safe operating condition. We I\'ill regularly and systematically examine, adjust, lubricate as required, and if conditions warrant. repair or replace: Pumps, Pump Motors, Operating Valves, Valve Motors, Motor Windings, Leveling Valves, Plunger Packing, Exposed Piping and Hydraulic Fluid Tank. Controller, Leveling Devices and Cams, all Relays, Magnet Frames, Solid State Components, Resistors, Condensers. Transformers, Contacts, Leads, Timing Devices, Resistance for Operating and Motor Circuits and Operating CirCUit Rectifiers. HOlstway Door Interlocks, HOlstway Door Hangers, Bottom Door Guides, Auxiliary Door ClOSing Devices and HOlstway SWItches Automatic Power Door Operator, Car Door Hanger, Car Door Contact, Door ProtectIve DevIce. Carframe. Platform. Wood Platform Flooring, Car GUide Ralls, Car Guide Shoes, Glbs or Rollers H'(' alw agr('(': - To periodically examine all safety deVices _ To repair or replace conductor cables. elevator ho,stway wiring and machme room elevator wlnng _ To furnIsh OtIS Lubncants and hydraulic flUid compounded to our rigid specifications PAGE I 0' " PAGE 5 '- We shall not be required to make other safety tests nor to install new attachments on the elevators whether or not recommended or directed by insurance companies or by govern. mental authorities, nor to make any replacements with parts of a different design. It is agreed that we are not required to carry out abnormal cleaning or make renewals or repairs necessitated by reason of negligence or misuse of the equipment or by reason of any other cause beyond our control except ordinary wear and tear. We assume no responsibility for the following items of elevator equipment which are not included in this contract: Car enclosure (including removable panels, door panels, car gate bodies, plenum chambers, hung ceilings, light diffusers, light tubes, bulbs and ballasts, handrails, mirrors and tile flooring or carpets); hoistway enclosure; hoistway gate bodies, door panels, frames and sills; cylinders, plungers and buried piping; cathodic protection system. Where a cathodic protection system has been provided, in order to protect the life of the hydraulic cylinder, it is advisable that you undertake periodic and systematic inspections of the system as recommended by a Corrosion Engineer. The items listed on the schedule below show wear. To provide you with the maximum of service from these items, we are accepting them in their present condition with the understanding that you are to pay, in addition to the base amount of this contract, an extra at the time the items listed are first replaced. The charge for this replacement will be determined by prorating the total cost of replacing the individual items. You are to pay for that portion of the life of the items used prior to the commencing date of this contract and we are to pay for that portion used since the commencing date of this contract. SCHEDULE OF PARTS TO BE PRORATED Name of Part Date of Installation NOT APPLICABLE PAGE 1 Of 6 PAGE 5 3200H-CAN (2.85) ~ ~\ /~ All work is to be performed during our re&lIlar worl<ing hours of our regular working days unless otherwise speci~ied below. ThIs contract includes emergency minor adjustment call back service during regular working hours iJ ~ltH-- \, .,", OP) . ~l,~ \~'. ~y If overtime examinations, repairs or emergency minor adjustment c.~1I back service are not included in this agreement and are later requested by you, we will ab~orb the worked hours at single time rates and you will be charged extra for the overtime bonus hours only at our regular hourly billing rates. PERFORMANCE We agree, where applicable to maintain the original contract speed in feet per minute, the original performance time including acceleration and retardation as designed and installed by Otis Canada, Inc., and to perform the necessary adjustments as required to maintain I the original door opening and closing time, within limits of applicable codes. GROUP SUPERVISORY SYSTEM We agree, where applicable to check the group dispatching systems and make necessary tests to insure that all circuits and time settings are properly adjusted, and that the system performs as designed and installed by Otis Canada, Inc. OTIS PARTS CABINET AND WIRING DIAGRAMS We agree to maintain Otis standard cabinets for the orderly storage of replacement parts in the machine room and original Otis engineering wiring diagrams for the term of the contract. JOB MATERIAL INVENTORY We agree to maintain a supply of contacts, coils, leads and generator brushes, lubricants, cleaning materials and other minor parts in each elevator machine room for the performance of routine preventive maintenance. SPARE PARTS INVENTORY We agree to maintain a supply of genuine Otis spare lending and replacement parts in our warehouse inventory. This inventory will include, but is not limited to, door operator motors, brake magnets, generator and motor brushes, controller switch contacts, selector switch contacts, solid state components, selector tapes, door hangers, rollers, hoistway limit switches. Such spare lending and replacement parts will be kept in our warehouse inventory or available from our manufacturing facilities, located at Hamilton, Ontario. CUSTOMER SERVICE REPRESENTATIVE The Otis Customer Service Representative assigned to you will, at your request, assist you with your elevator problems in the areas of modernization, traffic handling ability, recommendations and requirements of code authorities, and proper use and care of your equipment. MAINTENANCE CUSTOMER DISCOUNT A Maintenance Customer Discount of ten (10) percent shall be allowed on the following items when outside the scope of this contract and performed on the elevators, escalators or dumbwaiters covered by this contract. . . . overtime callbacks . . . overtime repairs . . . overtime extra examinations . , . abnormal cleaning . . . material and labour resulting from misuse or vandalism . . . material and labour required to repair or replace hydraulic equipment PAGE 3 OF I; PAGES "_~ PRICE ADJUSTMENT The contract price as set forth below shall be subject to adjustment March 1, 1990 and yearly thereafter. Each such adjustment shall be made as follows: 1. THIRTY-------------------------------OO/100 DOLLARS($ 30.00 ) of the contract price shall be increased or decreased by the percentage of increase or decrease shown by the selling price index of Primary Metal Industries (CANSIM 0527100) issued by the Prices Division of Statistics Canada for the latest available month preceding the adjustment date as compared with the index for November 1988 which was 427.3 2. TWO HUNDRED & NINETY FIVE--------------OO/100 DOLLARS($ 295.00 ) of the contract price shall be increased or decreased by the percentage of increase or decrease in the straight time hourly labour cost as of the adjustment date each year as compared with such straight time hourly labour cost on January 26, 1989. As used in this provision, the phrase "straight time hourly labour cost" means the sum of the straight time hourly labour rate and the average cost of Fringe Benefits paid by us to Otis elevator examiners in the locality where the equipment is to be maintained. The words "Fringe Benefits" mean employee benefits granted in lieu of or in addition to hourly rate increases and include, but are not limited to, Pensions, Vacations, Paid Holidays, Group Life, Sickness and Accident and Hospitalization Insurance. The straight time hourly labour cost applicabte to this contract is $ 27.54 of which $ 5.30 constitutes the cost of Fringe Benefits. CONTRACT PRICE THREE HUNDRED AND TWENTY-FIVE--------------- ----------------------------------- / 00 1C6'dLLARS($325.00 ) per month, payable monthly. Plus travel time and expenses as specified on page 6. This price includes Federal Sales Tax at the rate in effect at this date. This price includes Provincial Sales Tax at the rate in effect at this date. You shall pay, in addition to the price, any tax imposed upon you by any existing or future law and the amount of any tax imposed upon us, our suppliers or you under any statute, court decision, rule or regulation becoming effective after the date of this proposal which is based upon or incident to the transfer, use, consumption, ownership or possession of the materials or equipment involved in the performance hereof or the services rendered hereunder. The price shall be subject to adjustment in the manner set forth above. PAGE 4 OF 6 PAGES 3200B-CAN 12-B51 \I'! .....<.~ '-" ~ \~~ ,.,~;",_v' "., EXTENDED TERM SAVINGS OPTION: In consideration for your selection of one of th~ extended contract terms set forth below, we will apply the appropriate savings to the contract price throughout such contract term, and all term periods subsequent thereto. Contract Term Selected by You Savings Applied By Otis Please Indicate Your Selection by Signing the Appropriate Line Ten (10) years 3% Fifteen (15)years 5% Twenty (20) years 7% Either party may terminate this agreement at the end of the extended contract term selected above or at the end of any subsequent five year period by giving the other party ninety (90) days prior written notice. During the contract term and any subsequent period or periods thereafter, the contract may be terminated by you only if (a) the equipment covered by this contract is permanently removed from service, or (b) the building is sold or leased by you to a new owner or tenant who expressly agrees to assume all of your obligations under the contract. 1b ~~ Expenses Travel time and expenses for regularly scheduled examinations are included in the contract price. Travel time and expenses incurred for other than the aforementioned will be charged extra at our regular billing rates as and when such trips occur. ~19S. OTIS C"N"O", INC P"GE 6 OF 6 PAGES noon .CAN 12-851 , < ..... This service shall commence on the 1st day of Narch 1989 and shall continue thereafter until terminated. Except as may otherwise be provided under the Extended Term Savings Option, either party may terminate this agreement either at the end of the !~.~Uiv~.}E!ars or at the end of any subsequent five year period by giving the other party ninety (90)days prior written notice. tJ It is agreed that we do not assume possession or control of any part of the equipment but such remains yours exclusively as the owner (or lessee) thereof. We shall not be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, labour disputes, strikes, lockouts, inability to procure materials or labour, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief or act of God. Under no circumstances shall we be liable for consequential damages. This proposal, when accepted by you below and approved by our authorized representative, shall constitute the contract between us and all prior representations or agreements not incorporated herein are superseded. This quotation is subject to change without notice ninety (90) days after the date of this proposal. MACHINE NUMBER 982210 BY , M. J. i Levis - Manager, North Toronto ACCEPTED DATE March 13 19 89 The of the Town of Newcastle BY ~ Mayor NAME & TITLE Clerk APPROVED FOR OTIS CANADA, INC. 19___ AUTHORIZED REPRESENTATIVE PfoGE S OF I; PfoGE S . . E 890221 Ontario Municipal Board Commission des affaires municipales de I'Ontario IN THE MATTER OF Section 64 of the Ontario Municipal Board Act, (R.S.O. 1980, c. 347 as amended) - and - IN THE MATTER OF an application by The Corporation of the Town of Newcastle for an order approvi ng the enteri ng into a proposed agreement between the app 1 i cant and United Technologies Otis Canada with respect to the mai ntenance for the Oti s Hydraul ic passenger elevator located at 40 Temperance Street, Bowmanville for a period of five years and the disbursement of sums of money payable thereunder B E FOR E : P. M. BROOKS Vice-Chairman - and - Friday, the 17th day of March, 1989 J, R. TOMLINSON Member THE BOARD ORDERS that this application be granted and that the applicant may enter into such proposed agreement in the form filed with the Board on the 14th day of March, 1989, and provi ded that the Council of the app 1 i cant corporation in exercising any power approved by this order shall comply and conform with all statutory and other legal requirements related thereto. ENTERED o.s. No. ,...€.r.?.-;.~...... Folio No. ..I.~.']........,..... MAR 3 0 1989 fJ4tcL SIiOIlEfMlV. <<*:r, MUNICIPAL 80At" A . . L/ .~.. . , . ... .'..- J l!I UNITED TECHNOLOGIES OTIS CANADA To: Co.tpc;utiao of the Tow of IelllCa8tle l~U la:-:1f?Crancc: Stj:(~t;:;t: N8j"'...8B tle, Ou U:::':l.G Ui. 3A6 Date: January 26, 1969 Proposal No.: ;;l90(FAX) l'\.t'~SE I~;-r\"\. H"a, We propose to furnish OTIS EXTENDED COVERAGE MAINTENANCE for the plunger electric elevators described below. located at: RECE'VED ...::.::::::.. . MAR 20 1989 '1,8,9....U,I.l,2t8t1tS~ tl NCw..;a['tle h],;iinif;tt'"lion Builcii~~;- 4C 'J.a.i"~r,:~..iCC, ;;trE..>et HCw\.;.c;"lStle, Ontal.':i.o ELEVATORS: CAlC (1) Otis tIy61:'2Ulic Fasscng(;;l: Ll(~'C!tcl: Under this rontroct we will maintain the plunger electric elevator equipment herein described. on the following terms and conditions: We will use trained men directly employed and supervised by us. They will be qualified to keep your equipment properly adjusted, and.they will use all reasonable care to maintain the plunger electric elevator equipment in proper and safe operating condition. H-e will regularly and systematically examine, adjust. lubricate as required. and if conditions warrant. repair or replace: Pumps, Pump Motors. Operating Valves, Valve Motors. Motor Windings, Leveling Valves, Plunger Packing. Exposed Piping and Hydraulic Fluid Tank. Controller. Leveling Devices and Cams. all Relays, Magnet Frames, Solid State Components. Resistors. Condensers, Transformers, Contacts. Leads, Timing Devices. Resistance for Operating and Motor Circuits and Operating Circuit Rectifiers. HOlstway Door Interlocks, HOlstway Door Hangers. Bottom Door Guides, Auxiliary Door ClOSing Devices and HOlstway Switches. Automatic Power Door Operator, Car Door Hanger. Car Door Contact. Door Protective DeVIce, Carframe. Platform, Wood Platform Flooring. Car Guide Rails, Car Guide Shoes, Glbs or Rollers. We oL'io O1!.ree: - To periodically examine all safety devices. _ To repair or replace conductor cables. elevator hoistway wiring and machine room elevator Wiring. _ To furnish OtiS Lubricants and hydraulic fluid compounded to our rigid specifications. PAGE I OF (, PAGES . .. .)! r ,. I -J We shall not be required to make other safety tests nor to install new attachments on the elevators whether or not recommended or directed by insurance companies or by govern- mental authorities, nor to make any replacements with parts of a different desi8n. It is agreed that we. are not required to carry out abnormal cleaning or make renewals or repairs necessi1ated by reason of negligence or misuse of the equipment or by reason of any other cause beyond our control except ordinary wear and tear. We tlSSUme no responsibility for the following items of elevator equipment which are not included in this contract: Car enctosure (including removable panels, door panels, car gate bodies, plenum chambers, huns ceilings, light diffusers, light tubes, bulbs and ballasts, handrails, mirrors and tile flooring or carpets); hoistway enclosure; hoistway gate bodies, door panels, frames and sills; cylinders, plungers and buried piping; cathodic protection system. Where a cathodic protection system has been provided, in order to protect the life of the hydraulic cylinder, it is advisable that you undertake periodiC and systematic inspections of the system as recommended by a Corrosion Engineer. The items listed on the schedule below show wear . To provide you with the maximum of service from these items, we are accepting them in their present condition with the understanding that you are to pay, in addition to the base amount of this contract, an extra at the time the items listed are first replaced. The charge for this replacement will be determined by prorating the total cost of replacing the individual items. You are to pay for that portion of the life of the items used prior to the commencing date of this contract and we are to pay for that portion used since the commencing date of this contract. SCHEDULE OF PARTS TO BE PRORATED Name of Part Date of Installation N01 AFH..ICliEil PAGE 2 OF 6 PAGES 3200H-CAN 12-86) .... 4. t-"'~ ~;-<\t-\:. \"~~,,~ . -#. ...: ~.. ...... J f All work is to be performed during our re,;ular worl<ing hours of our regular working days unless otherwise specified below. This contract includes emergency minor adjustment call back service during regular working hoursjJJUt~.1lfJJr.r~ "sv. t'\-~r ~ \~~~ If overtime examinations, repairs or emergency minor adjustment ~" back service are not included in this agreement and are later requested by you, we will ab~rb the worked hours at single time rates and you will be charged extra for the overtime bonus hours only at our rttlular hourly billing rates. PERFORMANCE We agree, where applicable to maintain the original contract speed in feet per minute, the original performance time including acceleration and retardation as designed and installed by Otis Canada, Inc., and to perform the necessary adjustments as required to maintain. the original door opening and closing time, within limits of applicable codes. GROUP SUPERVISORY SYSTEM We agree, where applicable to check the group dispatching systems and make necessary tests to insure that all circuits and time settings are properly adjusted, and that the system performs as designed and installed by Otis Canada, Inc. OTIS PARTS CABINET AND WIRING DIAGRAMS We agree to maintain Otis standard cabinets for the orderly storage of replacement parts in the machine room and original Otis engineering wiring diagrams for the term of the contract. JOB MATERIAL INVENTORY We agree to maintain a supply of contacts, coils, leads and generator brushes, lubricants, cleaning materials and other minor parts in each elevator machine room for the performance of routine preventive maintenance. SPARE PARTS INVENTORY We agree to maintain a supply of genuine Otis spare lending and replacement parts in our warehouse inventory. This inventory will include, but is not limited to, door operator motors, brake magnets, generator and motor brushes, controller switch contacts, selector switch contacts, solid state components, selector tapes, door hangers, rollers. hoistway limit switches. Such spare lending and replacement parts will be kept in our warehouse inventory or available from our manufacturing facilities, located at Hamilton, Ontario. CUSTOMER SERVICE REPRESENTATIVE The Otis Customer Service Representative assigned to you will, at your request, assist you with your elevator problems in the areas of modernization, traffic handling ability, recommendations and requirements of code authorities, and proper use and care of your equipment. MAINTENANCE CUSTOMER DISCOUNT A Maintenonce Customer lMcount of ten (lO) percent shall be allowed on the following items when outside the scope of this contract and performed on the elevators, escalators or dumbwaiters covered by this contract. . . . overtime callbacks . . . overtime repairs . . . overtime extra examinations . . . abnormal cleaning . . . material and labour resulting from misuse or vandalism , . . material and labour required to repair or replace hydraulic equipment PAGE 3 OF 6 PAGES 1 ... .... , . .' PRICE ADJUSTMENT The contract price as set forth below shall be subject to adjustment Harch. 1, 1990 and yearly thereafter. ElIch such a4justment sholl be mode asfol/ows: 1. llUm:y...---r---------...---------------OO/1OO DOLLARS ($ 30.00 ) of the contract price shall be increased or decreased by the percentage of increase or decrease shown by the selling price index of Primary Metal Industries (CANSIM 0527100) issued by the Prices Division of Statistics Canada for the latest available month preceding the adjustment date as compared with the index for No'...reml"'& 1S.83 which was 42J..3 2. 1~ liUNDI@) &: l;;na:..Y~ FIVE-------------OO/l00 DOLLARS($ 295.00 ) of the contract price shall be increasedordecreased by the percentage of increase or decrease in the straight time hourly labour cost as of the adjustment date each year as compared with such straight time hourly labour cost on Junuary 26 t 1989. . As used in this provision, the phrase "straight time hourly labour cost" means the sum of the straight time hourly labour rate and the average cost of Fringe Benefits paid by us to Otis elevator examiners in the locality where the equipment is to be maintained. The words "Fringe Benefits" mean employee benefits granted in lieu of or in addition to hourly ra1e increaseS and include, but are not limited to, Pensions, Vacations, Paid Holidays, Group Life, Sickness and Accident and H~p,ital~tion Insurance. The straight time ,hourly labour cost applicable to this contract is $ ~ 7.:,... of which $ 5..::A.' constitutes the cost of Fringe Benefits. CONTRACT PRICE TimE::" iW(\l.~'.t:;::' A!:~L, 'L:chiy.:.FIVi.;;----------- ---... -~---~----~.---~~-~-~------------~-O~I (; lQ.Q.. u ~ ., uuLLARS ($';' J.;j . uv ) permonth,payablemonthly. Fh:G travel time and expenses as sf(.~ified au page 6. This price incllXieB Federal Sales Tax at the rate in effect at this date. This price ioc.ludes Provincial Sales Tax at the rate in effect at this date. You shaU pay, in addition to the price, any tax imposed upon you by any existing or future law and the amount of any tax imposed upon us, our suppliers or you under any statute, court decision, rule or regulation becoming effective after the date Of this proposal which is based upon or incident to the transfer, use, consumption, ownership or possession of the materials or equipment involved in the performance hereof or the services rendered hereunder. The price shall be subject to adjustment in the manner set forth above. PAGE. OF 6 PAGES 32008-CAN 12-851 k- t" _~_~tJA '1'.:\\-;,,,,,\0 "l*-I'-~ . ...:0,', .. , . .,L . ., ; . f~" ; _.J This servi<< sholl commence on the 1st day of t-'Jarch 19 89 and shall continue thereafter until terminated, Except as may otherwise be provided under the Extended Term Savings Option, either party may terminate this agreement either at the end of the first five years or at the end. of any subsequent five year period by giving the other party ninety (90) days prior written notice. It is tlgreed that we do not assume possession or control of any part of the equipment but such remains yours exclusively as the owner (or lessee) thereof. We shall not be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, labour disputes, strikes, lockouts, inability to procure materials or labour, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief or act of God. Under no circumstances shall we be liable for consequential damages. <<-~"'~ ~,\~\~~ \~ y..<c-?-"" This proposal, when accepted by you below and approved by our authorized representative, shall constitute the contract between us and all prior representations or agreements not incorporated herein are superseded. This quotation is subject to change without notice ninety (90) days after the date of this proposal. MACHINE NUMBER 982210 BY N. J. w...."is - r.~~:n:iQger, North 'Ioronto ACCEPTED DATE 19 COMPANY NAME BY NAME & TITLE PLEASE PRINT APPROVED FOR OTIS CANADA. INC. 19 AUTHORIZED REPRESENTATIVE PAGE S OF 6 PAGES . , ~ , .., '''toll! ..,... ~.". ...... .- .> ~,. i- EXTENDED TERM SAVINGS OPTION: In consideration for your selection of one of thf; extended contract terms set forth below, we will apply the appropriate savings to the contract price throughout such contract term, and all term periodS subsequent thereto. Contract Term Selected by You Ten (10) years Fifteen (15) years Savings Applied By Otis Please Indicate Your Selection by Signing the Appropriate Line 3~ 5~ Twenty (20) years 7~ Either party may terminate this agreement at the end of the extended contract term selected above or at the end of any subsequent five year period by giving the other party ninety (90) days prior written notice. During the contract term and any subsequent period or periods thereafter, the contract may be terminated by you only if (a) the equipment covered by this contract is permanently removed from service, or (b) the building is sold or leased by you to a new owner or tenant who expressly agrees to assume all of your obligations under the contract. ~''\.'. . or","," - <.> <" ""..1--1\.';'.. 4J,,/\;,---; ~"sf. v\:;.~\"... \'"'~\";.?\'. ex~nbe:J fm~ rE:t..ul1:u:ly sche:;u:i..a.. cx.:r.iriCticns are inclucied Fdce. lraveJ. tir:lC: and ill tue con tr.a'~ t 1J.:'a;lIl.l.l tili~ m.lCi c::>;.pe::tse;; iUCULi,;'e;j for oLiie.;: tl.al'\ ti1C aforC':lentioned will be ehaf.'gee, €xt.rci 8. t CiUr regulsr billil1[; rates as alld w1lei..) such trips occur. Board .1184 OTIS CANADA, INC. PAGE. OF . PAGES 3200ET-CAN (2-85)