HomeMy WebLinkAboutResolution # 3843., ,
RESOLUTION NO. 3843
A RESOLUTION APPROVING A MAINTENANCE AGREEMENT WITH OTIS ELEVATOR AND THE
CITY OF CANTON AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER SAID
AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS.
WHEREAS, the Lake, Buildings and Grounds Committee of the City of Canton has determined that it is
necessary and in the best interests of the City of Canton to enter into a maintenance agreement with Otis Elevator,
as set forth in Exhibit "A" attached hereto and incorporated herein; and
WHEREAS, the City Council of the City of Canton has made a similar determination.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby approved by the
Canton City Council.
2. That the Mayor of the City of Canton, Illinois is hereby authorized and directed to execute said Agreement
on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of
the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 4th day of
nPC~anher , 2007 upon a roll call vote as follows:
AYES: Alder_nen Schenck, Berardi, Sarff, West, Nidiffer, Meade, Strandberg, Lewis.
NAYS: None.
ABSENT: None.
~}ATT/EST:
i r i ~'
Nancy S. W ites, City Clerk
OTIS
DATE: Novemeber 5, 2007
TO: FROM:
Canton City Hall Otis Elevator Company
2 North Main 1601 A W Luthy Drive
Canton, IL 61520 Peoria, IL 61615
EQUIPMENT LOCATION:
Canton City Hall Jim Mies
2 North Main Cell: (309) 208-1777
Canton, IL 61520 Fax: (309) 693-8135
PROPOSAL NUMBER: UJDM006
EQUIPMENT DESCRIPTION:
Number of Units Manufacturer Type of Units
1 Esco Hydraulic
OTIS MAINTENANCE
Machine Numbers
TBD
We propose to furnish Otis Maintenance on the equipment ("Units") described above. Otis Maintenance is a full
preventive maintenance service intended to protect your investment, extend equipment life, and provide a high level of
performance and reliability.
OTIS MAINTENANCE MANAGEMENT SYSTEMsM
We will use the Otis Maintenance Management SystemSM preventive maintenance program to deliver service tailored to
your specific building needs. Equipment type, component life, equipment usage, and building environment will be taken
into account by the OMMS® scheduling system, which will be used to plan maintenance activities in advance. The Units
will be provided with devices to monitor equipment usage. We will use OMMS® standard work processes developed
and continuously improved by Otis.
®OTIS ELEVATOR COMPANY, 1995, 1997 All Rights Reserved impact Form MNT-0M (05/17//05) Proposal# UJDM006Page 1 Of 8
Under this Contract, we will maintain the Units on the following terms and conditions:
PERFORMANCE
MAINTENANCE
We will maintain the Units using trained personnel directly employed and supervised by us. The maintenance will
include inspection, lubrication, adjustment, and, if conditions or usage warrant, repair or replacement of the following
parts:
^ Controller parts, selectors and dispatching equipment, relays, solid-state components, transducers, resistors,
condensers, power amplifiers, transformers, contacts, leads, dashpots, timing devices, computer and microcomputer
devices, steel selector tapes, mechanical and electrical driving equipment, signal lamps, and position indicating
equipment.
^ Door operators, caz door hangers, car door contacts, door protective devices, load weighing equipment, caz Games,
caz safety mechanisms, platforms, caz and counterweight guide shoes including rollers and gibs, and emergency caz
lighting.
^ Hoistway door interlocks and hangers, bottom door guides, and auxiliary door closing devices.
^ Machines, worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils,
contacts, linings, and component parts.
^ Motors, motor generators, motor windings, rotating elements, commutators, brushes, brush holders, and bearings.
^ Governor components, governor sheaves and shaft assemblies, bearings, contacts, governor jaws, deflector or
secondary sheaves, caz and counterweight buffers, car and counterweight guide rails, car and counterweight sheave
assemblies, top and bottom limit switches, governor tension sheave assemblies, and compensating sheave
assemblies.
^ Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packings, exposed piping, above
ground plungers and cylinders, and hydraulic fluid tanks.
^ Escalator handrails, handrail drive chains, handrail brush guazds, handrail guide rollers, alignment devices, steps,
step treads, step wheels, step chains, step axle bushings, comb plates, floor plates, tracks, external gearing, and drive
chains.
^ Escalator upper drives, upper drive bearings, tension sprocket bearings, upper newel bearings and lower newel
bearings, demarcation lights, and comb lights.
In addition, we will replace all wire ropes or coated steel belts as often as necessary to maintain an appropriate factor of
safety. As conditions, usage, or Code warrants, we will equalize the tension on hoisting ropes, resocket ropes for drum
machines, and repair or replace conductor cables and hoistway and machine-room elevator wiring.
RELIABILITY
PARTS INVENTORY
We will during the tern of this Contract maintain, either in the elevator machine room or as part of ow examiner's
mobile inventory, a supply of frequently used replacement parts and lubricants selected by Otis to meet the specific
routine requirements of the Units. Any parts replaced under this Contract will be with new parts manufactwed or
selected by Otis or with parts refurbished to Otis standards. Replacement parts stored in the machine room remain ow
property until installed in the Units. We will furnish replacement parts in exchange for the parts replaced. We further
agree to maintain a supply of routine replacement parts in ow local parts warehouse inventory and/or the Otis Service
Center, available for express delivery in case of emergencies.
MAJOR COMPONENT INVENTORY
We will maintain a supply of genuine Otis major components available for emergency replacement in ow warehouse
inventory. This inventory includes, but is not limited to, generator rotafing elements, motor rotating elements, brake
magnets, solid-state components, selector tapes, and door operator motors. Major components will be in ow warehouse
inventory or available from facilities located throughout North America.
QUALITY CONTROL
We will periodically conduct field audits of ow personnel and the Units to maintain quality standazds. Otis field
engineers will provide technical assistance, technical information, and Code consultation to support ow maintenance
organization.
® OTIS ELEVATOR COMPANY, 1995, 1997 All Rights Reserved Impact Forth MNT-OM (05/17/05) Proposal# UJDM006 Page 2 Of 8
RESPONSIVENESS
24-HOUR DISPATCHING
We will, at your request, provide you with access to a*Service via Otis.com and our OTISLINE® 24-hour, yeaz-round
dispatching service. In the event a Unit malfunction occurs between regular examinations, you will be able to place a
service call on a*Service or through an OTISLINE® customer service representative, who will, at your request, dispatch
an examiner to perform service. In the event Otis receives an ADA call outside of regulaz working hours, Otis shall
make at least one attempt to contact a building representative for an assessment of the situation and authorization to
respond to the call. If Otis is unable to reach a building representative, Otis shall respond to the ADA call. The visit will
be treated as a Callback outside of regulaz working hours.
COMMUNICATION
CUSTOMER REPRESENTATIVE
As a service to you, and at your request an Otis representative will be available to discuss with you your elevator needs
in the areas of modernization, traffic handling ability, recommendations and requirements of Code authorities, proper use
and caze of the Units, and the OMMS® program. There is no additional chazge for this consulting service, but by making
this service available to you, Otis does not assumes any duty to warn.
REPORTS - e*SERVICE
We will use the OMMS® program to record completion of maintenance procedures. We will, at your request, provide
you access to a*Service via Otis.com. You will be able to access twelve (12) months of repair, completed maintenance
procedure and service call history for the Unit(s). You will be responsible for obtaining Internet access to use a*Service.
SAFETY AND ENVIRONMENT
SAFETY TESTS -TRACTION ELEVATORS
We will periodically examine safety devices and governors of the Units. We will conduct an annual no load test and
perform at each fifth yeaz a full load, full speed test of safety mechanisms, overspeed governors, and caz and
counterweight buffers. If required, the governor will be recalibrated and sealed for proper tripping speed, and elevator
caz balances will be checked.
As required by Code, or once every five years at a minimum, we will measure the coated steel belts for factor of safety
using a method approved by the manufacturer.
SAFETY TESTS -HYDRAULIC ELEVATORS
We will conduct an annual no load test and annual pressure relief valve test.
SAFETY TESTS -ROPED HYDRAULIC ELEVATORS
We will periodically examine safety devices and governors of the Unit. We will conduct an annual no load test, annual
pressure relief valve test, and perform at each fifth year a full load, full speed test of safety mechanisms, overspeed
governors, and caz buffers. If required, the governor will be recalibrated and sealed for proper tripping speed.
SAFETY TESTS
We will conduct the above safety tests to comply with the applicable Elevator Code.
FIREFIGHTERS' SERVICE TEST
If the equipment has firefighter's service, you assume responsibility for performing and keeping a record of any Code
required tests and for the maintenance and functioning of the smoke and/or heat detectors.
If during the initial firefighter's service test any elevator firefighter's service is found to be inoperable, the building is
responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable
Codes.
SAFETY TRAINING
We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices.
ENVIRONMENTAL PROTECTION
Otis endeavors to reduce generation of waste materials, to minimize risks to the environment, customers, the general
public and Otis employees, and to comply with all federal and state environmental laws and regulations. Material Safety
Data Sheet (MSDS) Manuals are available for review at your request.
You assume responsibility for removal of wastes, including but not limited to hydraulic oil, asbestos, etc., as it is not part
of this Contract.
® OTIS ELEVATOR COMPANY, 1995, 1997 All Rights Reserved Impact Form MNT-0M (05/17/05) Proposalk UJDM006 PBgC 3 Of 8
MAINLINE DISCONNECTS
You agree to engage a qualified electrician to service at least once annually the elevator mainline disconnects located in
the elevator equipment room.
WORK SCHEDULE
NORMAL HOURS
All maintenance procedures and repairs will be performed during our regulaz working hours of our regulaz working days
for the examiners who perform the service. All lamp and signal replacements will be performed during regular
examinations.
For purposes of this Contract, a Callback is a response by Otis to a request for service or assistance made (a) by the
customer or customer representative, (b) by the building or building representative; (c) by emergency personnel; (d)
through the ADA phone line, and/or (e) through REM® monitoring system, for service or assistance, on an as needed
basis, excluding regulazly scheduled maintenance.
Regulaz working hours: 8:00 AM - 4:30 PM.
Regulaz working days: Monday -Friday excluding holidays.
OVERTIME
On Callbacks outside of regulaz working hours, Otis will absorb the worked hours at straight time rates and you will be
chazged for the overtime premium portion only, including for travel time.
OWNERSHIP AND LICENSES
WIRING DIAGRAMS
You agree to provide us with current wiring diagrams reflecting all previously made changes for Units covered by this
Contract to facilitate proper maintenance of the equipment. We shall maintain the wiring diagrams so that they properly
reflect any changes made by Otis to the equipment. These diagrams will remain your property.
OTIS SERVICE EQUIPMENT
Any counters, meters, tools, remote monitoring devices, or communication devices which we may use or install under
this Contract remain our property, solely for the use of Otis employees. Such service equipment is not considered a part
of the Units. You grant us the right to store or install such service equipment in your building and to electrically connect
it to the Units. You will restrict access to the service equipment to authorized Otis personnel. You agree to keep the
softwaze resident in the service equipment in confidence as a trade secret for Otis. You will not permit others to use,
access, examine, copy, disclose or disassemble the service equipment or the software resident in the service equipment
for any purpose whatsoever. If the service is terminated for any reason, we will be given access to your premises to
remove the service equipment, including the resident soflwaze, at our expense.
OTIS SOFTWARE
Software owned by Otis may be embedded in parts or otherwise provided by Otis as part of this maintenance agreement.
You have the right to use this softwaze only for operation of the units for which the part was provided. You may also
make a backup or archival copy of the software, provided you reproduce the copyright notice and any other legend of
ownership on the copy. You may not otherwise copy, display, adapt, modify, distribute, reverse assemble, reverse
compile, or otherwise translate the software. You will not transfer possession of the software except as part of a transfer
of ownership of the Units and the assumption of the rights and obligations under this agreement by the transferee.
NON-0TIS SOFTWARE
You retain your rights to any softwaze not provided by Otis contained in the Units and agree to allow Otis to make one
backup or archival copy for you.
SERVICE TOOLS
You are responsible to secure our right to use any special service tools required to maintain your non-Otis equipment.
These tools must be provided prior to us beginning maintenance on such equipment.
THE UNITS
It is agreed that we do not assume possession or control of the Units, that such Units remain yours solely as owner and
operator, lessee, or agent of the owner or lessee, and that you aze solely responsible for all requirements imposed by any
federal, state, or local law, Code, ordinance or regulation.
® OTIS ELEVATOR COMPANY, 1995, 1997 All Rights Reserved Impact Form MNT-0M (05/17/05) Proposalil UJDM006 Page 4 of 8
CLARIFICATIONS
This Contract does not cover car enclosures (including, but not limited to, wall panels, door panels, caz gates, plenum
chambers, hung ceilings, lighting, light diffusers, light tubes and bulbs, handrails, mirrors and floor coverings), rail
alignment, hoistway enclosures, hoistway gates, hoistway inserts and brackets, mainline disconnect switches, doors, door
frames, sills, swing door hinges and closing devices, below ground or unexposed hydraulic cylinders and plungers,
buried or unexposed piping, escalator balustrades, escalator lighting or wedge guards. Without affecting our obligation
to provide service under this Contract, you agree to permit us to train our personnel on the Units. This Contract does not
cover computer and microcomputer devices, such as terminal keyboards and display units, that are not exclusively
dedicated to the elevator system. This Contract does not cover telephones installed by others, intercoms, heat sensors,
smoke sensors, communications equipment, or safety signaling equipment, or instructions or warnings in connection
with use by passengers.
We will not be required: (i) to make any tests other than that as specifically set forth herein, (ii) to make any
replacements with parts of a different design or type, (iii) to make any changes in the existing design of the Units, (iv) to
alter, update, modernize or install new attachments to any Units, whether or not recommended or directed by insurance
companies or by governmental authorities, (v) to make repairs or replacements necessitated by failures detected during
or due to testing of the Units or buried or unexposed hydraulic cylinders or piping and (vi) to make any replacements,
renewals, or repairs necessitated by any obsolete or discontinued part of the Unit(s) or by reason of any cause beyond our
control (except ordinary wear and tear) including, but not limited to, fire, explosion, theft, floods, water, weather,
earthquake, vandalism, misuse, abuse, mischief, or repairs by others.
You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this
Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this
Contract, Otis may with respect to the equipment not meeting Code requirements cancel this Contract by providing thirty
(30) days written notice.
We will 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, other labor disputes, fire, explosion, theft, floods, water, weather,
earthquake, riot, civil commotion, war, vandalism, misuse, abuse, mischief, or acts of God.
Notwithstanding any other agreement or provision to the contrary, under no circumstances will we be liable for any
indirect, special or consequential damages of any kind including, but not limited to, fines or penalties, loss of profits, loss
of rents, loss of good will, loss of business opportunity, additional financing costs, or loss of use of any equipment or
property, whether in contract, tort, warranty or otherwise.
You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are
located, to keep all machine rooms and pit areas free from water, stored materials, and debris, to provide a safe work
place for our personnel, to remove and remediate any waste or hazardous materials in accordance with applicable laws
and regulations, and to provide a grounded, 3-prong electrical system and proper lighting in the machine rooms and pits.
If any Unit is malfunctioning or is in a dangerous condition, you agree to notify us as soon as possible using the 24-hour
OTISLfNE® service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary
precautions to prevent access or use.
You will provide written notice within twenty-four hours after occurrence of any accident in or about the elevator (s)
and/or escalator(s) to us and if required by law, to any local authorities. You further agree to preserve replaced parts.
Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all necessary
measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent
property damage aze not damaged. When stationary, escalators are to be properly barricaded and not to be used as steps.
You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with
the use of any Units.
ALTERATIONS
You will not allow others to make alterations, additions, adjustments, or repairs to the equipment.
SPECIAL PROVISIONS
Noncerformance
® OTIS ELEVATOR COMPANY, 1995, 1997 All Rights Reserved Impact Form MNT-0M (05/17/05) Proposal# uJDM006 Page 5 of 8
You may by written notice to Otis, terminate the Contract if we materially fail to perform any of the substantive
obligations under the Contract, and do not cure such failure within ninety (90) days after receipt of such written notice
specifying in detail such failure.
CONTRACT PRICE AND TERM
CONTRACT PRICE
One Hundred Forty Seven Dollars ($147.00) per month, payable annually
PRICE ADJUSTMENT
The Contract Price will be adjusted on the date of any labor rate adjustment under Otis' contract with the International
Union of Elevator Constructors (IUEC Contract) to reflect increases or decreases in material and labor costs.
A. Material
Fourteen and 70/100 Dollars ($14.70) of the original Contract Price will be increased or decreased by the
percent increase or decrease shown by the index of "Producer Commodity Prices for Metals and Metal Products"
published by the U. S. Department of Labor, Bureau of Statistics for the price adjustment month compared with the
index on 05/01/07 which was 196.5.
B. Labor
One Hundred Thirty Two and 30/100 Dollars ($132.30) of the original Contract Price will be
increased or decreased by the percent increase or decrease in the straight time hourly labor cost under the IiJEC
contract on 01/01/07 which was $54.84. The phrase "straight time hourly labor cost" means the sum of the
straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where
the equipment is to be maintained.
TERM
The Commencement Date will be The Term of this Contract will be for two (2) years beginning on the
Commencement Date. The Contract will automatically be renewed at each second anniversary for an additional two (2)
yeaz term unless terminated by either party by giving written notice to the other party at least ninety (90) days, but no
more than 120 days prior to the end of the then current two (2) yeaz term.
EXTENDED TERM
The Term of this Contract will be extended as selected below, and we will apply the corresponding discount to the net
billing amount.
Extended Extended Term
Contract Term Discount Selection Initial
Ten (10) Years 3% ^
Fifteen (15) Years 5% ^
Twenty (20) Years 7% ^
In the event a customer chooses an extended term, the Contract will automatically renew at the expiration of the
Extended Contract Term for successive periods equal to the initial Extended Contract Term. Either party may terminate
the Contract at the end of the initial Extended Contract Term or at the end of any subsequent Extended Contract Term by
giving the other party at least ninety (90) days written notice prior to the end of the then current Term.
At the end of the initial Extended Contract Term, or at the end of any subsequent Extended Contract Term, you may
elect to have the subsequent terms reduced to five (5) year periods by giving us at least ninety (90) days written notice
prior to the end of the then current Term. If such notice is given, the Extended Term Discount will be discontinued upon
the subsequent automatic renewal date of this agreement.
In the event the contract is terminated for any reason prior to the expiration date of the contemplated Extended Term or
any subsequent Extended Tenn, you agree to pay us the amount of the full Extended Term Discount you received during
the Extended Term or any subsequent Extended Term. This is in addition to and not in lieu of any other rights or
remedies we may have.
in the event that you sell the building or your interest is terminated prior to the expiration of the Contract, you agree to
assign the Contract to the new owner or successor and to cause the new owner to assume your obligations under this
® OTIS ELEVATOR COMPANY, 1995, 1997 All Rights Reserved Impact Form MNT-0M (05/17/05) Proposal# uJDM006 Page 6 of 8
agreement. If the new owner or successor fails to assume your obligations under the Contract, then you agree to pay to
Otis all sums due for the unexpired Tenn.
PAYMENTS
Beginning on the Effective Date, payments will be due and payable on or before the first day of the contract yeaz in
which services are rendered beginning on the Commencement Date.
The method of payment will be by check.
The work shall be performed for the agreed price plus any applicable sales, excise or similar taxes as required by law. In
addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers or you in
connection with the performance of the work described.
You agree to pay a late chazge from the date such sums become due of one and one-half percent (1.5%) per month, or the
highest legally permitted rate, whichever is less, on any balance past due for more than thirty (30) days, together with all
costs (including, but not limited to, attorneys' fees) incurred by us to collect overdue amounts.
Failure to pay any sum due by you within sixty (60) days will be a material breach. We may at our option declare all
sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the
same aze paid be dischazged from further obligations under the contract.
® OTIS ELEVATOR COMPANY, 1995, 1997 All Rights Reserved Impact Forth MNT-OM (05/17/05) Proposal# UJDM006 Page 7 of 8
ACCEPTANCE
This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire and
exclusive contract between us for the services to be provided and your authorization to perform as outlined herein. All
prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any
purchase order issued by you in connection with the services to be provided will be deemed to be issued for your
administrative or billing identification purposes only, and the parties hereto intend that the terms and conditions
contained herein will exclusively govern the services to be provided. We do not give up rights under any existing
contract until this proposal is fully executed. This Contract may not be changed, modified, revised or amended unless in
writing signed by you and an authorized representative of Otis. Further, any manual changes to this form will not be
effective as to Otis unless initialed in the mazgin by an authorized representative of Otis.
THIS QUOTATION is valid for ninety (90) days from the proposal date.
Submitted by:
Jim Mies
Title: Account Manager
Accepted in Duplicate
CUSTOMER
Approved by Authorized Representative
Date:
Signed: X
Print Name:
Title:
E-mail:
Name of Company:
OTIS ELEVATOR COMPANY
Approved by Authorized Representative
Date:
Signed:
Print Name: Ken Norus
Title: Branch Manager
^ Principal, Owner or
Authorized Representative of Principal or Owner
^ Agent
(Name of Principal or Owner)
® OTIS ELEVATOR COMPANY, 1995, 1997 All Rights Reserved Impact Form MNT-0M (05/17/05) Proposal# UJDM006 Page 8 of 8