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Home My Public Portal AboutORD07152 y w ORDINANCE NO. 7152 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF THE CITY TO EXECUTE A CONTRACT, FOR AND IN THE NAME OF THE CITY, WITH THE OTIS ELEVATOR COMPANY RELATING TO THE MAINTENANCE AND REPAIR OF THE ELEVATOR AND ELEVATOR SHAFT IN THE CITY HALL BUILDING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. The Mayor and the City Clerk of the City of Jefferson, Missouri , are hereby now authorized and directed for and in the name of the city to execute a contract with the Otis Elevator Company relating to the maintenance and repair of the elevator and elevator shaft installed in the city hall building. Section 2. Said contract shall read in words and figures as follows: r OTIS ELE'V'ATOR COMPANY 1 TO City of Jefferson City, Missouri DATED AT Governor Hotel Jefferson City, Missouri Jefferson City, Miss ri September 29, 1961 We propose to furnish OTIS MAINTENANCE on the following described elevators in your ® building located at City xa11, Monroe and Madison Streets, Jefferson City, Missouri ONE (1) CTIS PASSENGER ELEVATOR Under this contract we will maintain the 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 elevator equipment in proper and safe operating condition. We will regularly and systematically examine, adjust, lubricate as required, and if, in our judgment, conditions warrant, repair or replace: MACHINE, MOTOR, GENERATOR AND CONTROLLER PARTS. including Worms, Gears,Thrusts, Bearings, Brake Magnet Coils or Brake Motors, Brake Shoes, Brushes, Windings, Commutators, Rotating Elements, Contacts, Coils, Resistance for Operating and Motor Circuits, Magnet Frames and other mechanical parts—using only genuine Otis Parts for this purpose. We also agree: To renew guide shoe gibs or guide rollers when in our judgment this is necessary to insure ® smooth and quiet operation and, except where roller guides arc used,to keep the guide rails properly lubricated. To renew all wire ropes as often as in our judgment is necessary to maintain an adequate factor of safety; to equalize the tension on all hoisting ropes, and repair or replace conductor cables. To furnish Otis Lubricants compounded to our rigid specifications. • To examine, lubricate, adjust, and if, in our judgment, conditions warrant, repair or replace all accessory equipment furnished and installed by us with exceptions as stated • hereinafter. To examine periodically all safety devices and governors and make our customary annual safety tests. Form 1574 (6.54) 4a1. �7 2 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 governmental authorities, nor to make any replacements with parts of a different design. It is agreed that we are not required to make renewals or repairs ncccs- AMk 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: Refinishing, repairing or replacement of car enclosure, hoistway enclosure, hoistway doors, door frames and sills, hoistway gates, cylinders and plungers on hydraulic elevators, fluorescent light tubes. 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 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 de- termined 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 date of this contract and we are to pay for that portion used since the date of this contract: AMIL SCHEDULE OF PARTS TO BE PRORATED NAME OF PART INSTALLED NONE All work is to be performed during our regular working hours of our regular 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, we will charge you extra at our regular hourly billing rates as follows: for examinations or repairs we will absorb the worked hours at single time rates and you will be charged extra for the overtime bonus hours only; for emergency minor adjust- ment call back service you will be charged extra for the total worked hours plus the overtime bonus hours. It is agreed that we do not assume possession or management 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, strikes, lockouts, fire, Form explosion, theft, floods, riot, civil commotion, war, malicious mischief or act of l9?591 God. Under no circumstances shall we be liable for consequential damages. �NNTfp IN 4►.F A 3 The contract price shall be adjusted yearly in the manner provided below: Such adjustments • shall be made as soon as practicable after we have received the index of "Whole- sale Commodity Prices for Metals and Metal Products", for the month within which falls the anniversary of the commencement of the service. Each such adjustment shall be madc as follows: I• THIRTEEN AND 17/100. .Dollars ($ 13.17 ) of the contract price shall be increased or decreased by the percentage of increase or decrease shown by the index of "Wholesale Commodity Prices for Metals and Metal Products" published by the U. S. Department of Labor, Bureau of Sta- tistics, for the month within which falls the anniversary of the commencement of the service as compared with the index for December, 1960 which was 152.2 2• FIM AND 41/100. . . . . . . . . Dollars ($ 50.41 ) of the contract price shall be increased or decreased by the percentage of increase or decrease in the straight time hourly labor cost for the month within which falls the anniversary of the commencement of the service as compared with such straight time hourly labor cost on February 22, 1961 As used in this provision, the phrase "straight time hourly labor cost" means the sum of the straight time hourly labor rate paid to elevator examiners in the locality where the equipment is to be maintained, and the average hourly cost of Fringe Benefits paid to elevator examiners within the Zone of Otis Elevator Company. The words "Fringe Bencfits" 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 Hospitaliza- tion Insurance. The straight time hourly labor cost applicable to this contract is $ 3.90 of which $ .32 constitutes the cost of Fringe Benefits. • For 15 4D w M.Y 4 This service shall commence on the VOUITSEM day of MAY, 1961, ® and shall continue for a period of five years and from year to year thereafter until terminated. Either party may terminate this agreement either at the end ® of the first five years or at the end of any subsequent year by giving the other party ninety (go) days prior written notice. CONTRACT PRICE . g -TMM AND 58/100. . . . . . .($ 63.58 ) DOLLARS, per month, payable monthly. You agree to pay, as an addition to the price herein quoted, the amount of any tax based upon the transfer, use, ownership or possession of the equipment to which this proposal relates, imposed by any law enacted after the date of this proposal or imposed upon you by any existing law. The price shall be subject to adjustment at the end of each year in the manner set forth on ® Page 3 of this contract. This proposal, when accepted by you below and approved by our autborized representative, shall ® ® constitute the contract between us, and all prior representations or agreements not incorporated herein are superseded. MAcsnm No. .2 9 OTIS�ELL�EV/AfTOR COMPANY ACCEPTED IN DUPLICATE: N 0Y 2 _ 1961 Br Title -- APPROVED FOR OTIS ELEVATOR COMPANY: Po �48Authorized Rept t tFve *pNry IN uaw Section 3. This ordinance shall be in force and take effect from and after its passage and approval. Passed: November 20, 1961 Approved: November 21, 1961 President of the Cou it Mayor C. F. WHALEY Co F. WHALEY Attest: City Clerk HAROLD B. BAKER, Jr. Ap } J