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HomeMy WebLinkAboutTR-32-90 TOWN OF NEWCASTLE REPORT File ## /~< t< h.. Res. ## By-Law # 10 - gtf fffT I f{J: DATE: ~T #: SlJR.ECT : GENERAL PURPOSE AND ADMINISTRATION COMMITTEE May 7, 1990 TR-32-90 FILE #: MAINTENANCE AGREEMENT - MECHANICAL EQUIPMENT TOWN HALL - BOWMANVILLE, ONTARIO RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Report TR-32-90 be received; 2. That the written proposal (Attachment "A"), from Landis & Gyr Powers Ltd., Willowdale, Ontario, to provide maintenance for the mechanical equipment located at 40 Temperance Street, Bowmanville, Ontario, at a contract price of $6,836.00 for the first year, $7,246.00 for the second year and $7,681.00 for the third year, be accepted; 3. That the procedures set out in the Purchasing By-Law #82-2, Section 5, Paragraph 04, be waived for this particular transaction; 4. That the funds be drawn from the Current Operating Accounts which are allocated for Maintenance of Mechanical Equipment; Page - 2 - TR-32-90 MAINTENANCE AGREEMENT - MECHANICAL EQUIPMENT TOWN HALL - BOWMANVILLE, ONTARIO 5. That the attached By-Law be passed, authorizing the Mayor and the Clerk to execute an Agreement with Landis & Gyr Powers Ltd.; and 6. That in accordance with Section 64 of the Ontario Municipal Board Act, authorization be obtained from the Ontario Municipal Board prior to the execution of this Agreement. BACKGROUND AND COMMENT: The manufacturers warranty on the mechanical equipment, located at 40 Temperance Street, Bowmanville, Ontario, has now expired and as such it is recommended that a preventative maintenance agreement be approved. In view of the sophisticated equipment involved, the two (2) firms contacted for a proposal were key trades in the installation at the time of construction. The proposals submitted are as follows: Geo. A. Kelson Company Limited Newmarket, Ontario Total quoted price $ 5,000.00 - One (1) Year Contract Includes preventative maintenance inspection of the heating and cooling system Not Included - emergency heating or air conditioning service calls charged at $54.00 per hour (hourly rates subject to annual adjustments) 713 Page - 3 - TR-32-90 MAINTENANCE AGREEMENT - MECHANICAL EQUIPMENT TOWN HALL - BOWMANVILLE, ONTARIO Landis & Gyr Powers Ltd. Willowdale, Ontario Total quoted price Three (3) year contract 1st year 2nd year 3rd year $ 6,836.00 $ 7,246.00 $ 7,681.00 Includes preventative maintenance inspections of heating and cool~ng system and equipment analysis periodic water analysis and appropriate chemical for hot water heating system Not Included - emergency heating or air conditioning service calls charged at $65.00 per hour Refrigerator Mechanic and $69.00 per hour for Pneumatic Fitter (hourly rates subject to annual adjustments) Over the past few months, both of the above firms have been called to service the equipment as needed. The following comments are noted regarding the level of service received: Geo. A. Kelson Company Limited Newmarket, Ontario no return on telephone calls for several days very poor response time it took five (5) months for proposal re preventative maintenance to be submitted work was satisfactory subcontracts work, therefore, no control over contractors refused to do some maintenance work (humidifiers) -.71..4. /f ,; Page - 4 - TR-32-90 MAINTENANCE AGREEMENT - MECHANICAL EQUIPMENT TOWN HALL - BOWMANVILLE, ONTARIO Landis & Gyr Powers Ltd. Willowdale, Ontario excellent response time within twenty-four (24) hours had investigated all the equipment and rectified problems work very satisfactory has qualified in-house personnel able to perform all maintenance work on HVAC able to do water treatment service It is staff's opinion that it would be in the best interest of the Town to deal directly with the manufacturer, Landis & Gyr Powers Ltd. as they are most familiar with the equipment. In addition, repair parts would be more readily available directly from the manufacturer rather than experiencing unnecessary down time if outside contractors must order them. With respect to George A. Kelson Company Limited, they do not have the necessary personnel on staff and must therefore subcontract work. It has been past procedure for the Town of Newcastle not to allow subcontracting on any service contracts, as it results in a lack of control over the level of service provided. The Treasurer has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc. should be referred to the Director of Community Services. 715 Page - 5 - TR-32-90 MAINTENANCE AGREEMENT - MECHANICAL EQUIPMENT TOWN HALL - BOWMANVILLE, ONTARIO After further review and analysis of the agreement by both Community Services and Purchasing, it is recommended that as Landis & Gyr Powers Ltd. are the manufacturers of the equipment, that the agreement be accepted as proposed and that the noted Tendering By-Law be waived. Respectfully submitted, Recommended for presentation to the Committee, tl.tZ1~ ie Marano, H.BSc., Treasurer. 1ffj1t1 ~~ rJnctK" . Kotseff, Chief AT. ,'.inistrative Officer. II ~j Community Services. LAB/hjl Attachments 71 6 ATTACHMENT "A" p~~ fER 12 ..80 /.IV TOWii Of Hmc.uru: NRCHASIHG MP4UiMm' (LANDIS & GYR) Landis & Gyr Powers, Ltd. 356 Consumers Road Willowdale, Ontario M2J 1 P8 (416) 496-1959 Fax: (416) 496-8276 February 6, 1990 Ms. Louanne Birkett Newcastle Administrative Centre 40 Temperance street Bowmanville, Ontario LIC 3A6 Dear Ms. Birkett: As requested in our recent telephone conversation, I have attached our 1990 service agreement customer labour charge out rates. Refrigeration Mechanic Pneumatic Fitter $65.00/hour $69.00/hour I trust this meets with your approval, however, if you have any questions please do not hesitate to contact me. Yours truly, ~//;, //. (({, ,,/ C "0" .. i{ l~_ Allen Murphy Sr. Service Sales Engineer 717 PrQPOsal _0004 .._ ~ Oate._!>pril 30~90_ - Agreement No, _, ._ _ \..------- Landis & Gyr Powers, Ltd. The Powers Advantage Service Agreement By and Between Landis & Gyr Powers, Ltd. 356 ConSu.l'l"ers Road Wil10'i<ldaIe, ontario M2J IP8 Service shall be provided at the following location(s): Same Landis & Gyr Powers, Ltd, shall provide the selVices listed below in accordance with attached schedule(s) and the terms and conditions of sale found on the reverse side of this cover sheet. Further details of agreeJ:'l'el1t scope can be found on Schedules c, D, F and the List of Maintained El:iUip:nent. Duration: This agreement shall remain in effect for an original term of -L..- year(s) beginning ~J--_, 1990 and from year to year thereafter. Client Name: Billing Address: Newcastle Administrative Centr 40 Temperance Street Bowmanville, Ontario LIe 3A6 Charges: First year - $6,836.00 Second year - $7,246.00 ~1iid year - $7,681.00 Prices quoted in this proposal are firm for 30._ days. Thf;J Terms and Conditions of Sale shown on the reverse are :;J. part thereof PropQsal submitted by: MIen Murphy r. Servica sales Engineer .- Land,i Gyr Powers, Ltd. R "presentative - .. ", " . /tla...-. 1/10 I ure ----rsa;"7f Proposal accepted by: Newcastle Administrative Centre Client Naml;l' " Signature Date Approved for Landis & Gyr Powers, Ltd. by: Signature Date John Osrrond - BraJ!,ch .Manag,gr Title . 718 (Continued) Terms and Conditions of Sale General Provisions 1,1 Unless stated otherwise. the services provided under this agreement shall be provided during Landis & Gyr Powers. Ltd.'s normal working hours. Monday through Friday inclusive. excluding holidays. 1.2 Client shall provide reasonable means of access to the equipment being serviced. Landis & Gyr Powers, Ltd. shall not be responsible for any removal, replacement or refinishing of the building structure. if required to gain access to the equipment. Landis & Gyr Powers, Ltd. shall be permitted to control and/or operate all equipment necessary to perform the services herein described as arranged with the Client's representative, 1.3 This agreement, when accepted in writing by the Client and approved by an authorized Landis & Gyr Powers. Ltd, representative, shall constitute the entire agreement between the two parties, 1.4 Either party may terminate this agreement on the anniversary date of the original term or any extended term by giving the other party 30 days notice of its intention. Charges 2.1 For services not covered by this agreement but performed by Landis & Gyr Powers, Ltd. upon the Client's authorization, the client agrees to pay Landis & Gyr Powers, Ltd, upon presentation of itemized invoice(s), at Landis & Gyr Powers, Ltd:s prevailing rates, 2,2 If emergency service is requested by the Client and inspection does not reveal any defect for which Landis & Gyr Powers, Ltd, is liable under this agreement, the Client will be charged at Landis & Gyr Powers, Ltd:s prevailing rates, Limitations of Liability 3,1 Landis & Gyr Powers, Ltd. shall not be liable for any loss, delay. injury or damage that may be caused by circumstances beyond its control including, but not restricted to acts of God, war. civil commotion, acts of government; fire, theft, corrosion, floods, water damage, lightening, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, delays in transportation, shortage of vehicles, fuel, labor or materials, or malicious mischief. IN NO EVENT SHALL LANDIS & GYR POWERS, LTD.BE LIABLE FOR BUSINESS INTERRUPTION LOSSES OR CONSEQUENTIAL OR SPECULATIVE DAMAGES. but this sentence shall not relieve Landis & Gyr Powers. Ltd, of liability for damage to property or injury to persons resulting from accidents caused directly by the negligence of Landis & Gyr Powers, Ltd, in performance or failure of performance of its obligations under this agreement. 3,2 Landis & Gyr Powers, Ltd,shall not be required to make safety tests, install new devices or make modifications to any equipment beyond the scope of the original contract in order to comply with recommendations or directives of insurance companies, governmental bodies, or for other reasons, 3,3 Landis & Gyr Powers, Ltd. shall not be required to make replacements or repairs necessitated by reason of negligence. abuse or misuse, or by reason of any other cause beyond Its ?ontrol except ordinary wear and tear, 3.4 This agreement pre-supposes that all equipment is in satisfactory working condition. A cost estimate will be furnished for any equipment found in need of repair, upon initial inspection or initial seasonal startup, with a written estimate stating the cost of repairs. Should repairs not be authorized within 30 days. the equipment will be eliminated from coverage and the agreement price shall be adjusted accordingly. 3,5 This agreement pre-supposes no substance regarded as hazardous by Health & Welfare Canada is utilized in the system, If, in servic- ing the system, Landis & Gyr Powers, LId, discovers the use of hazardous material, the Client will be responsible to remove, or have removed, any such substance and to replace it with a non-hazardous substitute. The Client will incur the cost of removal and substitution, 3,6 The amount of any present or future sales, use, occupancy, excise, or other federal or provincial tax which landis & Gyr Powers, LId, hereafter shall be obligated legally to pay, either on its own or on the behalf of the Client or otherwise. with respect to the services and material covered by this agreement, shall be paid by the Client. 3,7 If the equipment or software included under this agreement is altered, modified. or changed by a party other than Landis & Gyr Powers. Ltd. this agreement shall be modified to incorporate such changes and the agreement price shall be adjusted accordingly. 3.8 lt is understood that the provisions of this agreement apply only to the systems and equipment covered herein. Repair or replacement of nonmaintainable or non-moving parts of the system such as ductwork. boiler shell and tubes. unit cabinets. boiler refractory material. electrical wiring, hydronic and pneumatic piping. structural supports. etc. is not included under the agreement. 3,9 Following 12 months of service or any time thereafter, if individual item(s) cannot. in Landis & Gyr Power, Ltd:s opinion. be properly repaired on-site, due to excessive wear or deterioration. Landis & Gyr Powers. Ltd. may withdraw the item(s) from coverage upon ninety (90) days prior written notice. 3.10 This agreement shall be governed by, construed. and enforced in accordance with the laws of Ihe land In which service is provided, 719 CoPvnghl 1988, LandiS & Gyr Powers. lid . All Rlghls Reserve(1 CAN 144 049 Rev 288 Schedule C (LANDIS & GYR) The Powers Advantage -~~----~ -~-~-~-- +- -----.. ,~- ---- --- - -.-. ---'---- "--+-~~--+-- Pneumatic Control System Service Landis & Gyr Powers, Ltd. - +------~ -+,._~_._-----~-- Landis & Gyr Powers, ltd, will maintain the automatic temperature control systems on the attached list of Maintained Equipment and/or as described on the following system drawings: Programmed Preventive Maintenance Mainlenancn S('~',)o:JI,: An equipment analysis will be performed to determine the optimum maintenance schedule based on run time, application, system location and the manufacturer's suggested seNice inteNal. Preverllrve Ma~r,:p'li"Y,': Preventive Maintenance will be performed in accordance with a program of standardized maintenance routines. Each preventive maintenance work order will list the inspection date, individual to report to, equipment identification, equipment location, work to be performed and any special instructions. Call Documentation, After each seNice call, a completed copy of the work order will be left with the Client. Repair and Replacement o Applicable mJ Not Applicable ( Component RepiClCp,rnnnl. Landis & Gyr Powers, ltd. will repair and replace, at no additional charge, failed or worn components with new or reconditioned components of compatible design to minimize obsolesence and maintain the system in good operating condition. Components that are suspected of being faulty may be repaired or replaced in advance to prevent system failure. Exchanged parts become the property of Landis & Gyr Powers, ltd. Pneumatic Upgrade, Landis & Gyr Powers, ltd. will upgrade obsolete pneumatic equipment by systematically modernizing existing pneumatic components to new pneumatic components, as may be necessary in our judgement. Call Documentalion, After each seNice call, a completed copy of the work order will be left with the Client. N/A Call Window, Landis & Gyr Powers, ltd. will provide on-site emergency service, between scheduled preventive maintenance calls, to minimize downtime, within the call window selected below: o Monday through Friday, 8 A.M. to 5 P.M. o Monday through Sunday, including Holidays, 24 hours per day. Resrons,: Tifll(~ Landis & Gyr Powers, ltd. will provide on-site emergency service with a guaranteed response per the time frame selected below: o Next Business Day Response o Hour Response 720 COPYright. 1968. LandIS" Gyr Powers, lid , AU Hlghls Reserved CAN 144,052 Rev 2188 Schedule 0 (LANDIS & GYR) The Powers Advantage Mechanical Systems Service Landis & Gyr Powers, Ltd. Landis & Gyr Powers, ltd. will maintain the mechanical equipment described on the attached List of Maintained Equipment: Programmed Preventive Maintenance Maintenance Schedule, An equipment analysis will be performed to determine the optimum maintenance schedule based on run time, application, system location and the manufacturer's suggested service interval. Preventive Maintenance. Preventive Maintenance shall be performed in accordance with a program of standardized maintenance routines. Each preventive maintenance work order will list the inspection date, individual to report to, equipment identification, equipment location, work to be performed and any special instructions. Call Documentation, After each service call, a completed copy of the work order will be left with the Client. Repair and Replacement o Applicable ~ Not Applicable Component Replacement. Landis & Gyr Powers, ltd. will repair and replace, at no additional charge, failed or worn components with new or reconditioned components of compatible design to minimize obsolesence and maintain the system in good operating condition. Components that are suspected of being faulty may be repaired or replaced in advance to prevent system failure. Exchanged parts become the property of Landis & Gyr Powers, ltd. Call Documentation. After each service call, a completed copy of the work order will be left with the Client. Emergency Service N/A Call Window, Landis & Gyr Powers, ltd. will provide on-site emergency service, between scheduled preventive maintenance calls, to minimize downtime, within the call window selected below: o Monday through Friday, 8 A.M. to 5 P.M. o Monday through Sunday, including Holidays, 24 hours per day. Response Time. Landis & Gyr Powers, ltd. will provide on-site emergency service with a guaranteed response per the time frame selected below: o Next Business Day Response o Hour Response 721 CopyrIght' 1988. LandIS & Gyr Powers, lid.. All Rights Reserved CAN 144,O~J Rav 2188 Schedule F (LANDIS & GYR ) The Powers Advantage Water Treatment Service Landis & Gyr Powers, Ltd. Landis & Gyr Powers, ltd. shall provide periodic water analysis and appropriate chemicals for treatment against corrosion, scale, carry-over, sludge, solidification and biological fouling for the following systems: System Type: Hot water heating system 800 gallons 722 Landis & Gyr Powers, ltd, will, at its option, furnish and install equipment for dispensing water treatment chemicals and monitoring water conditions for the above systems. All equipment shall remain the property of Landis & Gyr Powers, LId, unless otherwise specified herein, CoPYrlghl ' 1988. Landis & Gyr powers. lid.. All Rlghls Reserved CAN 144-055 Rev 2188 (LANDIS & GYR J The Powers Advantage List of Maintained Equipment and Computer Software Landis & Gyr Powers, Ltd. Addendum to Schedule: Service Proposal No. 0004 Qty. Equipment Manufacturer Serial/Model No. Size 1 P.R.V. Landis & Gyr 2 Actuator " " 4" 15 Actuators " " 6" 9 Damper " " 2 Positioner " " 36 VP656 Valve N.O. " " ;" r- VP656 Valve N.O. " " 3/4" ;) I VF591 W.M. 3W Valve " " Ii" 1 VF591 W.M. 3W Valve " " 2;" 1 Timer " " 2 Electric Humidistat " " 1 Dryer " " 1 AHU #1 " " 15HP 1 AHU #2 " " 25HP 1 RF #1 " " 5HP 1 RF #2 " " 10HP 1 RF #1 II " .3HP 1 RF #2 II " .17HP 4 Duct Avg. TTl84 II II I Rem. Bulb TTl84 II " 2 Duct R.H. HT186 II " 2 Press. Emtr. " " 1 Electric Rm. Stat II II 2 Freeze Stat " " 1 Fire Stat II " 2 Air Diff. Press. Sw II II 19 Rm. Stat Sp. II II 37 Rm. Stat Day/night " " I ._~- ~---~ ni- _I Page L of -2. Copyrighl' 1988. Landis & Gyr Powers. lid., All Righls Reserved CAN 144.069 Rev 2/86 (LANDIS & GYR ) The Powers Advantage List of Maintained Equipment and Computer Software Landis & Gyr Powers, Ltd. Addendum to Schedule: Service Proposal No. 00 4 Qty. Equipment Manufacturer Serial/Model No. Size 7 Receiver Controller Landis & Gyr 2 Sw. Relay II II 2 MP Relay II II 1 Pilot Valve " " 2 Pneum. Pos. Sw. " " 4 E.P. Valve " " 2 2.5" Gauge " " 8 3.5" Gauge " " 2 Panel " " I Duplex Air Compress< r " " 2HP I EF #3 " " 09HP 5 Boilers " " 300MBTU 1 D.H.W. Heater " " I Chiller " " 75 Ton I AC-I " " 2 Ton 2 Steam Humidifier " " 2 Heating Pumps " " .5HP 2 Chiller Water Pumps " " 2HP 1 Dom. Receive Pump " " .lHP ---- r -- '-- -- -------- -ji-t- Page~of~ CoPYrlghl' 1986. LandiS &. Gyr Powers. lid, All Rlghls Reserved CAN 144.069 Rov 2/88 Proposal 00 Q 4 Date Febrl,1a..!:.Y_UL-19.~O Agreement No. ([ANmS & GYRJ The Powers Advantage Landis & Gyr Powers, Ltd. Service Agreement By and Between Landis & Gyr Powers, Ltd. 356 Consumers Road Willowdale, Ontario M2J lP8 Service shall be provided at the following locatlon(s): Same Client Name: Billing Addres!1: Newcastle Administrative Centre 40 Temperance Street Bowmanville, Ontario L1e 3A6 Landis & Gyr Powers, Ltd. shall provide the services listed below in accordance with attached schedule(s) and the terms and conditions of sale found on the reverse side of this cover sheet. Further details of agreement scope can be found on Scheudes C,D,F and the List of Maintained Equipment. Duration: This agrooment Shall remain In effect for an onginal term of 3 year(s) beginning April 1 , 19..2.0 and from year to year thereafter. Charges: . 1990 1991 1992 $6,836.00 7,246.00 7,681.00 Prices quoted in this proposal are firm for 30 days. The Terms and Conditions of Sale shown on the reverse are a part thereof proposal accepted by: Proposal submitted by: Data Allen Murphy ~r. Service S~les Engineer La::a--l~rs. Ltd. Aep' """''''Iv< ,71 >~{ -t! . Signature Data Client Name Signature Approved for Landis & Gyr Powers, Ltd. by: John Osmond Signatul'e Date Branch Manager_ rrtie' 725 (Continued) THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 90- Being a By-Law to authorize the entering into a Maintenance Agreement with Landis & Gyr Powers Ltd. The Municipal Council of the Corporation of the Town of Newcastle Hereby Enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation Seal, an Agreement between Landis & Gyr Powers Ltd. and the Corporation dated day of March, 1990, which agreement is attached hereto and marked Schedule "X". 2. That this By-Law not take effect until approved by the Ontario Municipal Board, pursuant to Section 64(1) of the Ontario Municipal Board Act. By-Law read a first and second time this day of May, 1990. By-Law read a third time and finally passed this day of May, 1990. Mayor !;~a~~mi H ":i:.:;::~~~l:i Clerk 726