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HomeMy WebLinkAboutItem III (C) Approval and Authorization for Mayor and City Clerk to Execute Elevator Service Policy with Mowrey Elevator Service, Inc. for Five Years commencing one year following the City's acceptance of the new City Hal Item III C ./'. / ' / 1 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" AGENDA 12-21-93 S.SCOTT VANDERGRI 1 Ocoee FT Oif/ ,t,....6 COMMISSIONERS CITY OF OCOEE RUslH ON ;Eli 150 N.LAI�SHOREDRIVEPAULW.FOSTER v OCOEEFLORIDA34761-2258VERNCOMBS�'�► ? (407)656-2322 JIM GLEASON rF4 Op GOO S> QTY MANAGER MEMORANDUM ELLIS SHAPIRO DATE: December 15, 1993 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director 77—,f 5-------- Administrative Services SUBJECT: Elevator Service Policy The elevator to be installed in the new City Hall will have a one year warranty and one year free service. These commence upon the City's acceptance of the building (any and all punch list items having been satisfied) and run concurrently. Following the first year, a continuation of the servicing is necessary in order to maintain State certification. This policy provides that continuation and, upon timely execution, will extend the warranty on parts for a second year. It must be noted that the coverage is for five (5) years. The monthly payments will be $60.00 with annual adjustments for changes in the cost of labor and materials. The City Attorney has reviewed the policy and inserted ", to the extent provided by law," on page 3. The Mowrey representative saw no problem with this insertion. Action Requested The Mayor and Board of City Commissioners (1) approve the Elevator Service Policy with Mowrey Elevator Service, Inc. for a five year period commencing one year following the City's acceptance of the new City Hall and (2) authorize the Mayor and City Clerk to execute. MEB/jbw MOWREY ELEVATOR SERVICE, INC. FULL MAINTENANCE ELEVATOR SERVICE POLICY 1-305-581-8900 FAX #1-305-583-1119 TO: OCOEE MUNICIPAL COMPLEX JOB NO: The undersigned, MOWREY ELEVATOR SERVICE CO. , INC. does hereby agree to furnish you the following service on the elevators described below from the date hereof twelve months after acceptance, located at : 150 LAKESHORE DRIVE 1-2 LANDINGS OCOEE, FLORIDA 34761 We will regularly and systematically examine, adjust and lubricate as required, and if, in our judgment , conditions warrant , make minor repair or replace parts of Machine, Motor , Generator , Pump Valves, Controllers, Guide Shoes/Roller Guides, Piston Seal/Hoist and Conductor Cables. The items listed on the schedule below show considerable wear and will have to be replaced in the near future. To provide you with the maximum of service from these items, we will service 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 . "Mowrey does not assume any liability or responsibility for these items that need to be replaced or any failure of the elevator resulting from an item that needs to be replaced" . The charge for these replacements will be at our regular billing rates for labor and material . SCHEDULE OF PARTS TO BE PRO-RATED N\A Service shall consist of one examination( s) per month . Such examination( s) shall include oiling and cleaning the machine, motor and controller ; oiling and/or greasing bearings and guides; and making necessary minor adjustments at the time of the regular examination. In all cases MOWREY ELEVATOR SERVICE CO. , INC. is to furnish whatever labor is necessary to the performance of such examination( s) , but is not to furnish any material whatsoever , except as hereinafter specifically designated. The examination(s) shall include examination of signal devices, enclosures, doors, or interlocks. We will furnish all lubricants. Page 1 In addition to all the services and materials specified above, MOWREY ELEVATOR SERVICE CO. , INC. will further furnish all controller copper , carbon, or other contacts, limit switch contacts, contact insulators, contact springs, piston packing and hydraulic lifting fluid necessary to the proper functioning of the equipment , insofar as it is affected by the parts described above. Where there is an underground or buried leak , lifting fluid and/or repair is at your expense. This service does include special examination( s) which will be made upon request , if trouble should develop or difficulties arise between such regular examinations. This service does include overtime call backs in accordance with GENERAL CONDITIONS paragraph one. It is agreed that we are not required to make renewals or repairs necessitated by reason of negligence, obsolescence, or misuse of the equipment or by reason of any other cause beyond our control except ordinary wear and tear . We shall not be required to make safety tests nor to install new attachments on the elevators as recommended or directed by insurance companies, or to make any replacements mentioned herein with parts of a different design. "Mowrey" shall not be responsible for any malfunction of the elevator if due to misuse of the equipment or worn out items. In the event that any part of the elevator becomes obsolete or outmoded or is no longer manufactured by the manufacturer , it shall be the Purchaser 's obligation to replace the obsolete or outmoded part at Purchaser ' s expense. Purchaser to provide suitable machine room including secured doors, waterproofing, lighting, ventilation and heat to maintain the room at a temperature of 50 degrees F. minimum to 90 degrees F. maximum. The following items of elevator equipment are not included in this contract , pistons, piston cylinders, casings and other underground pipe and connections . Refinishing , repairing or replacement of car enclosure, hoistway entrance frames, hoistway door panels and sills, power switches and feeders to controllers, cab light fixtures and fluorescent tubes, emergency lighting, exhaust fans, photo electric eyes, steel guide rail replacement and realignment . GENERAL CONDITIONS All work to be performed during regular working hours of regular working days of the elevator trade. All emergency calls, any hour day or night are covered by this contract . Page 2 In consideration of the performance of the services and the furnishings of the material as specified above at the price stated, it is expressly understood that nothing in this agreement shall be construed to mean that MOWREY ELEVATOR SERVICE CO. , INC. assumes any liability on account of accidents to persons or damage to persons or damage to property, and you assume* respon- sibility for damage to property or accidents to persons while riding on or being in or about the elevators referred to. " It is understood that the elevator , at all times, is owned by the customer and at all times, except when being serviced , is under the complete control of the owner and customer who is responsible for its safe operation while in use. " "Mowrey' s liability is limited to its contract for any failure to perform its contractual responsibilities. " MOWREY ELEVATOR SERVICE CO. , INC. shall not be liable for loss or damage resulting from strikes, lockouts, fires, storms, acts of God or other similar or dissimilar causes beyond its control . Other than specifically mentioned herein, no work , service or liability on the part of MOWREY ELEVATOR SERVICE CO. , INC. is included or intended . It is further agreed that we do not assume possession or management of any part of the equipment but such remains yours exclusively as owner (or lessee) . "Mowrey Elevator Company" shall deliver and obtain a signed acknowledgement by the customer that work has been performed on the elevator satisfactorily after each visit and that the elevator has been serviced and is in working order . It shall be conclusively presumed that the service has been accomplished by Mowrey once a signed receipted ticket has been furnished to Mowrey by customer after completion of the service. Purchaser shall shut down the equipment immediately upon manifestation of any irregularities in operation or appearance in the equipment and barricade elevator until the same has been repaired by elevator service company . Notify Mowrey Elevator Service Co . , Inc . at once and keep the equipment shut down until the completion of the repairs. The Purchaser shall keep the equipment under continual surveillance by competent personnel to detect such irregularities between periods of companies examination. The Purchaser shall give the Mowrey Elevator Service Co. , Inc . written notice within ten ( 10) days after occurrence of any accident in or about the elevator . This proposal , and the acceptance hereof, shall constitute, exclusively and entirely, the agreement for the services as described above, and all prior representations or agreements relating to such services, whether verbal or written, shall be deemed merged herein. No other changes in or additions to this agreement shall be recognized unless made in writing and signed by both parties hereto . This agreement is not binding upon MOWREY ELEVATOR SERVICE CO. , INC. unless signed by one of its executive officers. Page 3 * , to the extent provided by law, PAYABLE MONTHLY* SIXTY 00/100*DOLLARS ($ 60.00) PRICE ADJUSTMENT PROVISION: The price as set forth in this contract shall be adjusted yearly for changes in the cost of labor and materials. Contract price shall be increased or decreased by the percentage of increase or decrease in the straight time hourly rate paid to elevator mechanics, in the locality where the equipment is to be maintained on the yearly adjustment date as compared with the rate paid on the date on which the service is to commence. Also, any existing or future State sales tax enacted will be added . Service under the terms and conditions of this agreement shall be for an initial non-cancellable period of five (5) years, commencing on twelve months after acceptance, and shall automatically be renewed for successive five (5) year periods there after unless either party timely serves written notice upon the other party of its intention to cancel at least ninety (90) days before the end of any subsequent five (5) year renewal period . Time is of the essence. Purchaser understands, agrees and acknowledges that the monthly service price set forth herein is, in part , in consideration of the full five (5) year term and that an unauthorized, unilateral termination of this agreement by the Purchaser will result in substantial and significant loss and damage to Mowrey Elevator Service Co . , Inc . Since the extent of any such loss or damage cannot be accurately ascertained with any degree of certainty, both parties to Agreement specifically acknowledge and agree that any unauthorized and unilateral termination hereof by the Purchaser shall result in payment of liquidated damages to Mowrey Elevator Service Co . Inc , in an amount of twenty-two (22%) percent of the total contract price for the full term hereof. MOWREY ELEVATOR SERVICE CO. , INC. reserves the right to void the between examination and call-back clause, the parts included clause and any and all liability for accidents or damage to the equipment anytime monthly payments are not kept current . In the event the Purchaser fails to make payments due under this agree- ment within forty-five (45) days from the due date heretofore described , Mowrey Elevator Service Co . , Inc . shall have the option to terminate this contract without notice. In the event an attorney is retained to enforce the terms of this Agreement and/or for collection, either with or without suit , Purchaser agrees to pay all costs incurred together with reasonable attorneys' fees. You agree to notify us in writing of any change in ownership , lessor or operation of the premises at least thirty (30) days prior to such change. Should you fail to do so , you will remain responsible for payment of all further charges and all liability incurred by us. Page 4 No agent or employee shall have the authority to waive or modify any of the terms of this agreement . ACCEPTANCE ACCEPTED RESPECTFULLY SUBMITTED MOWREY ELEVATOR SERVICE, INC. / / BY BY r. RON CA,• ATELLA TITLE TI (E SERVICE MANAGER DATE NOVEMBER 12, 1993 PLEASE RETURN TO: MOWREY ELEVATOR SERVICE, INC. P.O. BOX 290067 DAVIE, FLORIDA 33329 Page 5