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Home My WebLink About81-189 . . . ..00 , f J THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 81-189 being a by-law to authorize the execution of an agreement with Harvey Partner Limited The Council of the Corporation of the Town of Newcastle hereby ENACTS AS FOLLOWS: 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, an Agreement between Harvey Partner Limited, and the sai d Corporation, dated the '2./'(0 day of "p2(:GMI!5~~ A.D., 1981, which is attached hereto as Schedule "A", for the provision of building equipment maintenance services in selected municipal buildings for the period December 1st 1981, to November 30th 1982. BY-LAW READ a first and second time this 30th day of November A.D. ,1981 BY-LAW READ a third and final time this 30th day of November A.D.,1981 ~~~~~ Mayor L~~.({2~ Clerk . THIS AGREEMENT made in duplicate the ~AJO and authorized by By-law No. 81-189, of the Newcastle. /~ . &, . ( t! J.. / . I By-law NO__n_nnCZl.-:;L&''lJ day of ~<..eH<$~ , 1981 Corporation of the Town of ~ .,.. I . BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE Hereinafter called the IITownll Of The First Part AND HARVEY PARTNER LIMITED Hereinafter called the IIContractorll Of the Second Part . WHEREAS Council deems it appropriate to enter into an agreement for the maintenance of the heating and air conditioning systems within certain designated Town-owned structures within the Town of Newcastle: Swimming Pool, Liberty Street, Memorial Park; Bowmanville Community ~ Arena; Newcastle Town Hall, Bowmanville; Newcastle cRitness Centre; v Newcas t 1 e Fi re Hall #2; Orono Fi re Ha 11; g);,Qrt6 T .:,...p.j I.:. 11; Orono Armouri es; 1.,../ c Hampton - Darlington Arena; Hampton Municipal Office; Courtice Fire Hall; , Police and Fire Building, 132 Church Street, Bowmanvi11e. AND WHEREAS the Contractor has offered to undertake the maintenance and repair of the heating and air-conditioning systems within certain designated Town-owned structures within the Town of Newcastle; and the Town is willing to authorize, upon certain terms and conditions; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the premises and mutual covenants and agreements herein contained, the Parties hereto mutually covenant and agree as follows: . . 1. (a) The Contractor agrees to service, clean, oil, adjust, replace parts, filters, motors, fan belts, circulator couplings, pulleys, bearings, thermostats, controls, grills, pumps, transformers, gas valves, nozzles, damper motors, linkage fillers, filter media, smoke pipes and all other extraneous parts necessary to maintain the heating and air conditioning systems as may be required. (b) The Contractor agrees, that in the event of a breakdown in any of the equipment being maintained relating to such items as circulator impellers, seals, combustion chambers, compressors, water pipes, radiators, leaks in water, or heating pipes, fans, or air changers, filter racks, air grills, the Town will be notified. (c) The Contractor shall report any major repair requirements to the Chief Administrative Officer, or his representative before proceeding, and the Contractor shall undertake such repairs either at an agreed price, or on a 'time and material' basis. (d) The Contractor may make such temporary repairs as are deemed necessary in an emergency situation to permit the system to remain operational and then before proceeding, comply with the conditions established in Clause l(c). 2. (a) The Contractor shall during the currency of this agreement, indemnify and save harmless the Town its servants and agents, from all loss, damages, expenses and costs which may be suffered by them, or any of them, by reason, or on account of any matter or things done by Life NOn_nnj~n:Jg/,,-_~",,_,=_ . . . . I ,,,. . ~ " I 3. (a) - 2 - or purported to be done or any neglect in the doing of the same by the Contractor whether under the terms of this agreement or otherwi se, and (b) At its own expense, provide and keep in force a policy of insurance in the amount of One Million ($1,000,000.) Dollars to indemnify and save harmless the Town, its servants or agents, from all loss, damage, expenses and costs which may be suffered by them, or any of them by reason or on account of any matter or thing done or purported to be done, or any neglect in the doing of the same by the Town, whether under the terms of this agreement or otherwise and a copy of the policy and any renewal certificate thereof shall be deposited with the Town. (b) The Town agrees to pay the Contractor for all parts required to make repairs to equipment referred to in Clause l(b) at current market prices. The Town agrees to~ the Contractor an am~~not to exceed Four Thousand ~,~ndred and Seventy-Fou~$4~74.00) Dollars during the term ofrthis agreement. The Town further agrees to make payments to the Contractor in accordance with the following payment schedule: Date Amount December 1st 1981 January 2nd 1982 February 1st 1982 March 1st 1982 April 1st 1982 May 1st 1982 June 1st 1982 July 1st 1982 August 1st 1982 Septemberlst 1982 October 1st 1982 November 1st 1982 December 1st 1982 $500.00 $500.00 $500.00 $500.00 19 $300.00 7-00. ,oH~ li, $..300-;-60 7- 0" .".},.,., $~ 'LOO..",)o(61 ~ $~ 'LOO,'" ~ pd $300.00 $300.00 $300.00 $300.00 ~ $374.00 ,AiL? $4,774. 00 ~ ~ 7cf. ~il f'('J 4. This agreement shall remain in force and effect from December 1st 1981 to November 30th 1982. 5. IN WITNESS WHEREOF the parties hereto have affixed their corporate seals under the hands of their officers duly authorized in that behalf The Corporation of the Town of Newcastle Mayor Clerk Harvey Pa-rtner limited. ~~ ~ ~ President