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Home My WebLink About133-85 RESOLUTIONRESOIITTIQd NO. 133-85 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MODIFICATION OF THE CITY'S ELEVATOR MAINTENANCE CONTRACT WITH OZARK ELEVATOR OD. TO SUBSTITUTE MONTGOMERY ELEVATOR COMPANY AS THE CONTRACTING PARTY. BE IT RESOLVED BY THE HOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a modification of the City's elevator maintenance contract with Ozark Elevator Co. to substitute Montgomery Elevator Company as the contracting party. A copy of the modification authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 17th day of December , 1985. t s.- • •. %. vM1^.• .1 . p:1 f'. • / . • • •Y, APPROVED _Mayor .--r_ MODIFICATION OF CONTRACT This MODIFICI►1TON OF CONTRACT executed this /1>LA day of kr t�--, 1985, by and between the City of Fayetteville, Arkansas, hereinafter called the "City" and Montgomery Elevator Company, hereinafter called the "Contractor". :WHEREAS, the City entered into a contract dated February 5, 1985, with Ozark Elevator Co. for the maintenance of the elevator equipment in the City's Administration Building at 113 W Mountain Street, a copy of which is attached hereto marked Exhibit "A" and made a part hereof, and WHEREAS, Montgomery Elevator Company has purchased Ozark Elevator Co. and has assumed all contractual obligations of Ozark Elevator Company. NOW, THEREFORE, the City and the Contractor hereby mutually agree as follows: 1. The Contract dated February 5, 1985, between the City and Ozark Elevator Co: is hereby modified by substituting Montgomery Elevator Company for Ozark Elevator Co. 2. As modified hereby, the aforesaid Contract shall continue in full force and effect in accordance with the provisions thereof. This MODIFICATION OF CONTRACT executed on the date first above written. ATTEST CITY OF YEilEVIEtE,TARKANSAS Mayor Title`�--9G A / /l e- FXH! rra t CONTRACT This CCIIRP F executed this day of February, 1985, by and between the City of Fayetteville; Arkansas, hereinafter called the "City" and Ozark Elevator Co., having its principal place of business in Springdale, Arkansas, hereinafter called the "Contractor". In consideration of the mutual covenants contained 'herein, the City and the Contractor hereby agree as follows: 1. During the term of this contract, the Contractor shall maintain the elevator equipment in the City's Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. In providing said main- tenance, the Contractor shall use skilled labor directly employed and supervised by the Contractor. 2. The Contractor shall provide the following services: (a) Twice a month the Contractor shall examine, adjust, lubricate as required, and if conditions warrant, repair or replace, at the Contractor's cost, the following: elevator machine, elevator motor, generator, controller parts, gears, worms, bearings, rotating elements, thrusts, brake magnet coils, brake magnet stators, brake shoes and linings, commutators and brushes, windings and coils, contracts and magnet frames, and resistance for motor and operating circuits. This contract shall cover the pumping unit, valves and coupling arrangement on hydraulic equipment, but shall not cover the jack cylinder casing installed in the earth. (b) Examine all safety devices and governors periodically. (c) Check and equalize tension of all hoisting ropes. (d) Renew allropes when necessary to insure safety. (e) Repair or renew conductor cables when necessary. (f) Renew guide shoe gibs or rollers as necessary to insure smooth and quiet operation. (g) Lubricate all guide rails properly except when roller guides are used. (h) Furnish special lubricants compounded to Contractor's specifications. (i) Maintain all accessory equipment except such items as are hereinafter excluded. (J) Provide State pressure tests when required; provided, the Contractor shall not be required to pay the State fees associated with said tests. (k) Provide 24 hour per day emergency service. 3. The following items are excluded from this contract: refin- ishing, replacing, or repairing elevator car enclosures, hoistway enclosures, hoistway door panels, or frame and sills. .3 4. The Contractor shall not be required to peke repairs or replacements necessitated because of the City's negligence or misuse of the machinery, equipment or car. 5. The Contractor shall not be required, without the payment of additional consideration, to install new attachments or devices on the equipment as directed or recommended by insurance companies or government authorities. 6. All work, except emergency service, shall be performed by the Contractor on weekdays between the hours of 8:00 a.m. and 5:00 p.m. 7. The Contractor shall indemnify the City, and hold the City harmless, from all claims for personal injury, death or property damage caused by the --negligent acts or omissions of the Contractor or its employees: - 8. The Contractor shall not be liable for any loss, resulting from any cause beyond the Contractor's reasonable control. 9. Unless a governor and safety test has been rade within the twelve month period prior to the execution date of this contract, the Contractor shall make such a test, at the Contractor's expense, on the elevator covered by this contract. The Contractor shall not be liable for damage to equipment resulting from this test. Until said test has been made, the Contractor shall not be responsible for the operation of the governor or safety. In the event the governor -_-or safety does not meet safety requirements, the City shall be responsible to make all necessary repairs to meet safety requirements. 10. During the term of this agreement, the Contractor shall maintain workmen's compensation insurance as required by Arkansas law and public liability insurance providing coverage for personal injury, death and property damage in amounts approved by the City's Purchasing Officer. Certificates evidencing the insurance required hereby shall be filed with the City's Purchasing Officer within fifteen (15) days from the execution date of this contract. 11. The term of this agreement shall be for a period of one (1) year commencing on February 24, 1985 and ending on February 23, 1986. The Contractor hereby grants the City an option to extend this contract for up to five (5) additional terms of one (1) year each. The City shall exercise its option by giving the Contractor written notice at least thirty (30) days prior to the expiration date of the existing term. 12. For labor, materials and parts provided by the Contractor under this contract, the City agrees to pay the Contractor the total sum of Two Thousand One Hundred Ten Dollars and Fifty Cents ($2,110.50) payable in equal monthly installments of $175.88 each. The first monthly installment shall be due March 26, 1985, and each succeeding installment shall be due on the 26th day ofeach month during the term of this contract. 13. Should the City exercise its option to extend the term of this contract, the consideration payable the Contractor for the next year shall be the amount resulting by adjusting the consideration payable for the year beginning February 24 of the previous year to reflect the percentage of change (either up or down) occurring in the Consumer Price Index, U.S. Bureau of Labor Statistics, Department of Labor, through comparing the Index of December 31 of the previous two (2) years. 14. This contract shall constitute the entire agreement between . the parties and may not be codified, except by a written instrument signed by both parties. IN WITNESS WHEREOF, this contract has been executed on the date first above written. CITY OF FAYEITEVILLE, ARKANSAS ATTEST l -Mayor rid* t"/Y ATTEST ‘c - By: Title: