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HomeMy WebLinkAbout84-132 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 84-132 being a by-law to authorize execution of a contract with Northern Elevator Service Limited for the provision of maintenance to the Bowmanville Library Elevator THE 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 Corporation Seal, a contract between Northern Elevator Service Limited and the said Corporation, dated the day of 1984, for the provision of maintenance services to the elevator located in the Bowmanville Public Library, Temperance Street, Bowmanville. 2. THAT the copy of the maintenance agreement attached as Schedule "A" hereto shall form part of this by-law. By-law read a first and second time this 13th day of November 1984 By-law read a third time and finally passed this 13th day of November 1984 ~~ ay, r L~& . Clerk 1 File ~o....LG.c.f,.:..f.L.._.._._..... ~ --;r "l Schedule IIAII . . I~I NORTHERN ELEVKfOR SERVIC~~ LIMI'-rt~l) 270 FINCHDI:NI: SaUARl:, SCARBOROUGH, ONTARIO, CANADA M1X 1A5 ULI:PHONI:: (416) 291-2000 ULI:X: 065-25407 Date: October 25th, 1984. Proposal No.: 84-0467 Attention: Dennis M. Homeniuk, P.P. Purchasing & Supply Agent TO: The Corporation of the Town of Newcastle 40 Temperance Street, BOWMANVILLE, Ontario. ---- --- Ll C 3A6 We propose to furnish NORTHERN CONTINUOUS COVERAGE MAINTENANCE for the below described elevators in your building located at: 62 Temperance Street ELEVATORS: 1 - NORTHERN Elevator Under this contract NORTHERN ELEVATOR SERVICE LIMITED will maintain the above described elevator equipment on the following terms and conditions: All service will be performed by trained men directly employed and supervised by us. Our servicemen will be qualified to keep your elevator equipment properly adjusted, and they will use all reasonable care to maintain your elevator equipment in proper operating condition. We will regularly and systematically examine, adjust, lubricate as required, and if, in our opinion conditions warrant, unless specifically excluded in the exceptions stated below~ repair or replace the following components: Machine including Worm, Gear, Thrust Bearings, Drive Sheave and Drive Sheave Shaft Bearings. Brake including Brake Pulley, Brake Coil, Brake Contact, Brake Linings and component parts. Motor and Motor Generator including Motor Winding, Rotating Element, Commutator, Brushes, Brush Holders and Bearings. Controller, including all Relays, Solid State Components, Resistors, Condensers, Transformers, Contacts, Leads, Dashpots and Computer and Timing Devices. Selector and Dispatching Equipment including Steel Selector Tape and Hechanical and Electd.cal Drive Equipment. - 2 - Governor including Governor Sheave and Shaft Assembly, Bearings, Contacts and Governor jaws. Idler Sheaves including Deflector or Secondary Sheave, Governor Tension Sheave Assembly, Compensating Sheave Assembly and related Bearings. Car and Counterweight Equipment, including Buffers, Guide Rails, Top and Bottom Limit Switches, and Guide Shoes including Roller or Gibs. Entrance Hardware includ~ng Hoistway Door Interlocks and Hangers, Door Guides and Closing Mechanism, Safety Mechanism and Photo Protective Device. Car Door Equipment including Power Operator, Hanger, Bottom Guide, Gibs, Motors, Linkage Arms, Cams and Contacts. Car Equipment including Car Frame, Platform, Load weighing Equip- ment, Car Safety Mechanism, Elevator Car Guide Shoes,.Gibs or Rollers when this is, in our opinion, necessary to ensure smooth and quiet operation, and proper lubrication of Guide Rails except where Roller Guides are used. NORTHERN ELEVATOR SERVICE LIMITED will further provide the following services under this contract: Monthly -p~io~ examination of all safety devices and governors, including bi-annual no load safety tests. Periodic replacement of all wire ropes and including hoist and governor ropes in order to maintain an adequate safety factor, equalization of tension on all hoisting ropes, and the repair or replacement of conductor travelling cables and hoistway riser cables. Regular cleaning of the elevator equipment in the hoistway, elevator pit and machine room, and the supply of lubricants specially pre- pared to meet Northern's specifications. NORTHERN ELEVATOR SERVICE LIMITED assumes no responsibility under this contract to make any additional safety tests, or to install any new attachments on the elevators whether or not recommended or directed by insurance companies or by governmental authorities, or to make any replacement with parts of a different design. Any new attachments or any other equipment maintained, installed or altered by anyone other than by Northern Elevator Service Limited during the term of this contract will not become our responsibility, nor will we, Northern Elevator Service Limited, be held liable for any of the said attachments or other equipment or any work related to them. Damage due to user's negligence, misuse of the elevator or any other causes beyond our control and not due to normal wear and tear shall not be the responsibility of Northern Elevator Service Limited, nor shall we be required to do any abnormal cleaning of the elevator. 3 I i We assume no responsibility for the following elevator components which are not covered under the terms of this contract: Car enclosure, including flooring, lighting, fans, handrails, and other decorative components. Hoistway enclosures, including hoistway doors, hoistway door frames and sills. Cylinder, plunger, buried piping and conduit on hydraulic elevators. The items listed on the schedule below show considerable wear. Northern Elevator Service Limited accepts 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 repaired or replacect. This extra charge will be determined by prorating the total cost of replacing the individual items. You are to pay a portion of the replacement cost calculated by multiplying the full replacement cost by a fraction the numerator of which is the number of months from the original installation to the date of this contract and the denom- inator of which is the total number of months from installation to replacement. SCHEDULE OF PARTS TO BE PRORATED: NAME OF PART INSTALLATION DATE -------- -------- ..--- ~. ".- _ r---'-" ----- ~___--~------_u_--_. ... All work is to be performed during the regular working hours of our reg~lar working days unless otherwise specified below. This contract includes emergency minor adjustment call back service during regular working hours and also during any overtime hour. If overtime examinations, repairs or emergency minor adjustment call back service are not included in this agreement and are Later requested by you, you will be billed only for the overtime bonus hours and for those only at our regular billing rates. 4 II i PERFORMANCE The original contract speeds, including acceleration and deceleration and door speeds shall all be maintained by Northern Elevator Service Limited where applicable. WIRING DIAGRAMS Northern Elevator Service Limited shall provide wiring diagrams for permanent and long term use by our examiners. The OWW;::.L e.g,r:ees to furnish a complete se-t---e-f--JiAS.-HU-ILT-i'-.wiring---dicrgrams fm:: the-eemp-l-ete system where necessary.- CUSTOMER SERVICE REPRESENTATIVE A Northern customer service representative will be made available to you for assistance 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 elevator equipment. CONTRACT PRICE AND ADJUSTMENTS Contract Price ONE HUNDRED AND SEVENTY per month, payable monthly, in plus sales tax, if applicable. DOLLARS {$ 170.00 advance upon presentation of invoice, The contract price shall be adjusted annually in the manner provided below on each anniversary date of the commencement of the service for the year following. (The adjustment date) (CONTRACT PRICE HOLD UNTIL DECEMBER 1st, 1986 $170.00) ANNUAL ADJUSTMENT METHOD 1. TWENTY-FIVE DOLLARS ($ 25.00 of the contract price shall be adjusted in proportion with the percentage change shown by the index of "Primary Metal Industries" (D527l00) as published by the Prices Division of Statistics Canada, Ministry of Industry Trade and Commerce for the latest available month preceding the adjustment date as compared with the index for October, 1982 which was 310.2 . (197l = 100) 2. ONE HUNDRED AND FORTY-FIVE DOLLARS{$ 145.00 of the contract price shall be ~djusted in proportion with the percentage change in the straight time hourly labour cost for the month within which falls the adjustment date as compared with such straight time hourly labour cost in October of 19~. 5 , . The phrase "straight time hourly labour cost" means the sum of the straight time hourly labour rate and the average hourly cost of Fringe Benefits paid by us to Northern Elevator Service Limited 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 regular -hourly rate increases and include but are not limited to, Pension, Vacation, Paid Holidays, Group Life, Sickness and Accident and Hospitalization Insurance. The straight time hourly labour cost applicable to this contract is $ 22.76 of which $ 4.41 consti tutes the cost of Fringe Benefits. You shall pay, in addition to the price herein quoted, 16% interest per annum on all overdue payments. LIABILITY We do not assume the control, possession or management of any part of. ~Ae equipment, but such remains yours as the owner or lessee thereof. We shall not be liable for any loss, damage or delay caused by non-operation of the equipment. Northern Elevator Service Limited will not be liable for consequential damages; or damages caused by negligence of others; whether arising in contract or tort. No fail~~or omission by either of the parties hereto in the performance of any obligation contained in this agreement shall be deemed a breach hereof if the same shall arise from any causes beyond the control and without default or negligence of such P?cty, including, but not restricted to acts of any governmental authority or any officer, department, agency or instrumentality hereof, fire, flood, storm, earthquake, accident, explosion, acts of the public enemy, reb~llion, war, riot, insurrection, epidemic, sabotage, quarantine, restrictions, strike, walkout, dispute with workmen, labour shortages, transportation embargoes or failure or delays in transportation or exhaustion, unavailability or delays in delivery of any product at or material necessary to the performance hereof; provided, however, that either party shall continue performance with the utmost dispatch whenever any such causes are removed. Any party-ciaiming any such cause for any failure or omission hereunder shall give prompt notice thereof to the other party. It is expressly agreed that payment of all sums due hereunder is a condition precedent to the rendering of services by Northern Elevator Service Limited and Northern Elevator Service Limited reserves the right to at its option, to suspend services until all payments due are made. Notice of suspension in writing will be forwarded to you. - 6 - Our suspension of Service shall not be deemed to be a breach by us of this agreement and Northern Elevator Service Limited shall not be liable for any loss, cost or damage resulting from such suspension. Notwithstanding any provision of this agreement to the contrary, if you fail to cure sU8h default within 30 days following receipt of a suspension notice, Northern Elevator Service Limited may terminate this agreement upon written notice, effective immediately, without prejudice to any other rights or remedies which it may have at law or in equity. The owner hereby warrants that it is the owner of the elevators and the premises in which they are located, and hereby grants Northern Elevator Service Limited, for the five (5) year period referred to below and, thereafter, as long as this contract con- tinues, an uninterrupted and non-terminable right to access to the elevators over the said premises on the lands on which they are .located. In the event of the sale, lease or other transfer of the elevators, escalators or dumbwaiters described herein, or the premises in which they are located, you agree to see that the purchaser is __.made aware of this contract and assumes and agrees to be bound by - --the terms hereof for the balance of the contract, provided, how- ever, that in such event, Northern Elevator Service Limited may in its sole discretion terminate the contract with any such successor at any time upon 30 days advance notice in writing. If Northern Elevator Service Limited does not terminate and you do not arrange for the purchaser to assume this contract, you shall -- -"be' liable to us for all amounts falling due under this contract. COMMENCEMENT AND DURATION The service provided for under this contract shall commence on the 1 st. day of DECEMBER ,1984 and shall continue thereafter until terminated. Either party m~ ~erminate this 8 agreement either at the end of t~eVfi~~ fiv&n~~) years or at~ L--~ .the end of any subsequent :Ei:v~OiiH ye~eriod by giving the /_~/other party at least 90 days advaii'ce notice in writing. Should this proposal accurately set forth our understanding, please sign the original and one copy below and return them to us for our approval, where up~n this document shall con- ".'sti tute the entire contract between us and prior representations or agreements not incorporated herein shall-be superseded. The price quoted herein is subject to change without notice 90 days after the date of the proposal. , . .. ~ . . - 7 - SUBMITTED BY: Wm. Barry Pl etch. FOR NORTHERN ELEVATOR SERVICE LIMITED. ACCEPTED THIS 13d; DAY OF .--JOJ~-'-fG'';'-'R ,198<1 for "il+-=-. L-Q1:r~O/',(Jnc.J or~c;: '--rvCJ-J {I/, .-J.::-c...x. ".f'r-ClC- ACCEPTED BY: /~~ /p~--,/L~-/ NAME & TITLE: c:~, ,3 7, C k/l.,cP ,''-'.'k-r 0.;(' C-, _ - /. . J & 6'A'!-~ (' &-...L ~~-e-'-._..A....I' I ' APPROVED BY: FOR NORTHERN ELEVATOR SERVICE LIMITED. THIS DAY OF ,198