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HomeMy WebLinkAboutSchumacher Elevator Company-Elevator Maintenance Contract-09.02.2008 tc. 7L I ASehilinadter Established in 1936 Elevator Company August 11, 2008 TO: Youth Pavillion Contract#20007369 Bill: City of Waterloo 225 Commercial Street 715 Mulberry Street Waterloo, IA 50701 Waterloo, IA 50703 Phone: 319-415-1358 RE: COMPLETE PREVENTIVE MAINTENANCE FOR HYDRAULIC ELEVATORS We propose to furnish Schumacher preventive maintenance on the following described elevator equipment in your building located at Waterloo, Iowa: 1 —Schumacher hydraulic passenger elevator Under this contract, we will maintain the elevator equipment as hereinafter described on the terms and conditions subsequently set forth. We will use trained elevator technicians directly employed and supervised by our company. These technicians will be qualified to keep your equipment properly adjusted, and they will use all reasonable care to maintain the elevators in proper and safe operating condition. We will systematically examine, adjust, lubricate as required, and if, in our judgment, conditions warrant, repair or replace: • Car and hoistway door hangers and tracks, door operator, door contacts, door protective devices, all door gibs, car and corridor operating stations, alarm bell and buffers. • Leveling devices, cams, controller, solid state components, relays, resistance for operating and motor circuits, operating circuit rectifiers, leads, resistors, transformers, condensers, contacts, and timing devices. • Operating valves, leveling valves, valve motors, motor windings, pumps, pump motors, hydraulic fluid, hydraulic fluid tanks, plunger packings and exposed piping. (Pistons, cylinders and underground piping are excluded.) 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 are used, to keep the guide rails properly lubricated. • To periodically examine all safety devices. • To repair or replace conductor cables, elevator hoistway wiring and machine room elevator wiring. • To furnish Schumacher 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. PRICE ADJUSTMENT PROVISION The price set forth in this contract shall be adjusted annually on the anniversary date of this contract in the manner provided below: 1. The contract price shall be increased or decreased by the corresponding increase or decrease in the straight time hourly rate paid, plus fringe benefits, to Elevator Constructor Mechanics in the locality where the equipment is to be maintained. The straight time hourly rate for Elevator Constructor Mechanics is the actual hourly rate paid to such mechanics. Fringe benefits include, but are not limited to, pensions, vacations, paid holidays, group life insurance, sickness and accident insurance, and hospitalization insurance. 2. The adjustment in price resulting from the above price adjustment provision shall not increase the contract price by more than the maximum permitted by any applicable legally issued Government regulations in effect at the time that such adjustments are made. One Schumacher Way • P.O. Box 393 • Denver, Iowa 50622 • (319) 984-5676 • FAX (319) 406-1270 www.schumacherelevator.com • e-mail:srvc@schumacherelevator.com STATE REQUIRED TESTS This contract includes all of the state tests that are presently required, as well as the filing of all the state reports regarding these tests. These tests impose upon the equipment a much greater strain than that experienced during normal operation. Therefore, it is agreed that in making tests of the governor, safety devices, or any hydraulic devices, Schumacher Elevator Company shall not be liable for injury (including death) to persons (except employees of Schumacher Elevator Company) because of action or.railure of any of these devices. If repairs are necessary as a result of these tests or if repairs are required to obtain proper operation of the equipment to meet the requirements of these tests, such work shall be billed separately in addition to the normal contract amount. Schumacher Elevator Company is not responsible for conducting fire recall tests on the elevator(s). It is agreed that Schumacher Elevator Company is not required to make replacements or repairs necessitated by reason of obsolescence, negligence 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 any newly required safety tests or to install new attachments on the elevators as recommended or directed by insurance companies or governmental authorities, or to make any replacements mentioned herein with parts of a different design. The following items of elevator equipment are not included under the terms of this agreement: hoistway door panels, hinges, frames, gates, and sills; cleaning, refinishing, repairing or replacing of elevator cab enclosure, flooring, sills, door panels, gates, removable offset panels; light fixtures and lamps; power supply switches, fuses, and feeders to elevator controller; fixture plates for signal equipment, all unexposed piping and connections; card readers, telephone systems and telephone lines, intercom or music systems, heating or cooling systems, emergency power generators, smoke sensors, heat sensors, and shunt trip breakers. The owner must supply Schumacher Elevator Company a complete set of"as built" electrical prints for each elevator. The items listed on the schedule below show considerable wear and should be replaced in the near future. To provide you with maximum service from these items, we are accepting these items in their present condition with the understanding that you will pay, in addition to the base contract amount, an extra amount to be determined by us at the time the items listed are first replaced. The charge for this replacement will be determined by pro-rating the total cost of replacing the individual items. The owner will pay for that portion of the life of the items used prior to the date of this contract and Schumacher Elevator Company will pay for that portion used since the date of this contract: SCHEDULE OF PARTS TO BE PRO-RATED NAME OF PART INSTALLED NONE All work is to be performed during the regular working hours of our regular working days (Monday—Friday, 8:00 A.M. —4:30 P.M.), excluding elevator trade holidays. Overtime examinations, repairs or emergency adjustment callback services performed outside the regular working hours of our regular working days are not included in this contract. If these services are requested, we will charge you extra as follows: for examinations or repairs, Schumacher Elevator Company will absorb the worked hours at straight time rates and the owner will be charged extra for the overtime premium, and for travel time and expenses at our normal billing rates. The owner agrees to carefully monitor the equipment covered under this contract. In the event of any malfunctions or problems with this equipment the owner agrees to immediately remove that equipment from service and barricade the entrance to the equipment to prevent its use. The owner also agrees to promptly notify Schumacher Elevator Company of any equipment malfunctions, problems or accidents that may have occurred. It is agreed that Schumacher Elevator Company assumes no liability for injuries or damage to persons or property except those directly due to our acts or omissions; and that the owner's responsibility for injuries or damages to persons or property while on or about the elevators referred to is in no way affected by this contract. Schumacher Elevator Company shall not be liable for any loss, damage or delay caused by acts of government, strikes, lockouts, fire, explosion, theft, riot, civil commotion, war, malicious mischief, act of God, or by any cause beyond our reasonable control, and in any event, Schumacher Elevator Company shall not be liable for consequential damages. Page 2 of 3 This service shall commence on the 1s day of October , 2008 , and shall continue for a period of three years and shall be automatically renewed for subsequent three-year periods until terminated. Either party may terminate this contract either at the end of the first three years or at the end of any subsequent three-year period by giving the other party ninety(90) days prior written notice. In the event of the sale, lease or other transfer of the elevators or dumbwaiters described herein, or of the premises in which they are located, customer agrees to see that such purchaser is made aware of this contract and assumes and agrees to be bound by the terms hereof for the balance of the contract, and subject to termination as herein provided, or otherwise be liable for the full unpaid balance due for the full unexpired term of the contract; provided, however, that in any such case, Schumacher Elevator Company may in its sole discretion terminate the contract with any such successor at any time upon thirty(30) days advance notice in writing. CONTRACT PRICE One Hundred Twenty and NO/100 DOLLARS ($120.00) Per month Payments of$360.00 will be made on a quarterly basis and due by the last day of the month prior to the billing period. Beginning on the Effective Date of this contract, payments will be made as selected below and an Advanced Payment Discount will be applied to the net billing amount: Method of Payment Billing Frequency&Advanced Payment Discount Electronic 0 Semi-Annual 1% 0 Check 0 Annual 3% ❑ Credit Card 0 I (we) agree to pay all invoices Net (30) thirty days from invoice date. Credit extensions will bear interest at the rate of 18%A.P.R. on all past due accounts. The customer agrees to pay all reasonable attorney fees, collection agency fees, court costs and legal fees in the event of default or failure to pay in accordance with the credit terms. Failure to pay any sum due by you within (60) sixty days will be a material breach of this contract. Schumacher Elevator Company may declare all sums due immediately, including the sum of the unexpired term of this contract, which would be payable as liquidated damages. Until these sums are paid, Schumacher Elevator Company will have no further obligations under this contract. The owner agrees 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 covered under this agreement, imposed by any law enacted after the date of this agreement or imposed upon you by any existing law. The price shall be subject to adjustment at the end of each anniversary date in accordance with the Price Adjustment Provision as set forth on Page 1 of this contract. This contract becomes effective when signed by the owner below and when approved by an executive officer of Schumacher Elevator Company. All prior representations or contracts not incorporated herein are superseded. SCHUMACHER ELEVATOR COMPANY sjLL- BY William Simmer YOUTH PAVILLION SCHUMACHER ELEVATOR COMPANY BY_ By t YY\ 14 Gt-r. y ' '\4,y U r it!le Title Accepted in duplicate r D� Approved Date Date Page 3 of 3 1 r �. I I (W� �.J