HomeMy WebLinkAbout001172 Original Contract 0 City of Part Angeles
Record ##001172
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741 1 ihh Place NE-Rer9arw,ond W'A.98052
Ph:425-641-2127 Em r:.42'3-Yi2-0 2
January 17, 2017
City of Puri Angeles
321 East 5th Street
Port Angeles, WA 06362
Attn: Bob Petty
ett cit of a.us
360-461-6371
Service Scope
• Fire Chief Equipment Company, Inc. will provide the following:
Annual Confidence Test of Suppression System
* Test all devices connected on all three Server Room Release Systems
Confirm signals were received by monitoring company
Annual Testing of VESDA Systems
* Semi Annual Confidence Test of Suppression System
* Suppression Cylinder top off-Warranty
With kind regards
Pat Dillon
Service Manager
425 641-2127 Alain tine
425 522-1236 Direct tine
425 562-6662 Fax
atd fire-chief,com
Contador License# FIRECCE938JR
Eiectricatl License# FBRECCE9382E1
Fire SFr nkler 4.cense# FRECCE938JR
PWING
Scope SERVICE PRICE PER Total
SERVICE
Suppression System Test Semi-Annual_ 3 @ $369.00 ea. $11,107.00
Suppression System Test Annual 3 @ WHO ea. $1,35H0
VESDA Annual 4 @ $250.00 ea. $1,000.00
Truck Charge Per Service 2 @ $95.00 ea. $190.00
Total(Not Including Tax) $3,.647.00
Customer
Fire Chief Equipment By�
By: Pat Dillon
Title"
Title.Service Manager
Print Name:
Print Name:Pat Dillon Date:
PO:
Billing Address(If different from site address)
1. The Customer 7.2. In the event the invoice is not paid within thirty (30)
I.1. The person(s), corporation, agency, partnership, sole days, F.C.E. may charge Customer interest on the
proprietor, company to whom this agreement is unpaid amounts at the rate of one and one-half percent
addressed. (1.5%) each month from the initial service date until
balance is paid, If referred to collection, the prevailing
2. Fire Chief Equipment party shall be entitled to attorney's fees and costs.
2.1. Fire Chief Equipment Company, Inc. and F.C.E. is 7.3. Interest shall not be charged for invoices received by
synonymous when used in this agreement. Customer with discrepancies, or where a good faith
dispute exists regarding the invoice in question.
3. Sole Agent
3.1. During the valid term of this agreement,F.C.E. shall be 8. Normal Working Hours
the sole agent employed by the Customer to provide the 8.1. The labor as submitted is based on all work being
stated services. The Customer agrees to purchase all performed during Normal Working Hours. If overtime
such goods and services for the system(s) identified in or premium time work is necessary, they will be billed
this agreement solely from F.C.E. at the appropriate rate. Early morning or after hours
12. Should circumstances dictate that F.C.E. employs a fee's will apply.
subcontractor to provide specific goods or services 8.2. Normal Working Hours are defined as 7:00 a.m. to
related to the systern(s) covered by this agreement, 4:00 pm. Monday through Friday,excluding holidays.
F.C.E. will: obtain the customer's permission, and add 83. After hours emergency calls will be billed at the above
a minimum margin of 30% to the face value of the emergency rates on a 'portal to portal' basis. Same day
subcontractor's invoices(s). response fee will apply.
4. Term of the Agreement 9. Scheduling
4.1. This agreement,authorized by the signature of FCE and 9.1. F.C.E. will contact you to schedule the services.
the Customer and/or valid purchase order is valid for 9.2. If the Customer desires to delay or change the date and
one year to protect pricing, beginning on the date time of a scheduled service inspection, a minimum of
signed and is automatically renewed subject to terms 24 hours notice is required, If less than 24 hours of
and conditions unless notified in writing 30 days prior notification is given of change or cancellation before
to expiration. service a minimum charge of$150.00 will apply for a
42 Mutual acceptance is defined by subsequent provision cancellation/rescheduling fee.
of services past original agreement period. 9.3. The F.C.E. Dispatcher will attempt to reschedule the
43. This Proposal is valid for thirty(30) days from date on service or change to a more convenient date and time,
proposal according to workload.
4.4. F.C.E. will annually reserve the right to automatically
adjust prices to CPI and in no case less than 5% 10. Eguipment Warranty
4.5. This agreement can be terminated with 30 days notice 10.1.F,C.E, will only repair or replace, at F.C.E.'s option,
by either party for any reason, any equipment that F.C.E. installed that is found
defective in material or workmanship,not to exceed 12
S. Invoices months after installation or acceptance by the A.H.J.,
.L Invoices identifying the facility will clearly state the whichever comes first. This constitutes the sole remedy
charges as applicable for the services rendered, available to Customer.
5.1 A Hazinat environmental fee, fuel surcharge, and truck 10.2.The warranty set forth herein is in lieu of all other
stop fee will be applied to the total of all service warranties, expressed or implied including without
invoices. limitation, implied warranties of merchantability or
5.3. The prices quoted herein do not include Federal, State, fitness.
County and City, sales or excise taxes or permits, if 10.3.drily a written instrument signed by an authorized
required. officer of F.C.E may alter F.C.E.'s warranty liability.
5.4. F.C.E believes the equipment quantities to be accurate Any modification to the fire system, or the hazard,
but may discover additional equipment in the course of without reasonable prior notification to F.C.E.
performing services. In that event we will perform the immediately invalidates this warranty in its entirety.
services at the per unit price and adjust up or down to 10.4.Should Customer choose an alternate service provider
the original proposal amount. to service the referenced systems or any portion
5.5. Additional service, repair or material charges accrued thereof, any and all warranties on said equipment will
during the performance of the service may be included become null and void.
on the invoice but will be itemized for your
identification. 11. Waiver of Subrogation
5.6. Call-out will have a response fee and minimum billing 11.1.Customer agrees to waive all rights of subrogation as
(2)two hours at the applicable rate allowed by governing insurance policies. Customer
understands and agrees that F.C.E.does not assume risk
6. UL Listed Central Station Monitoring or liability for loss due to fire or damages to the
6.1. Monitoring will he pre-billed annually. premises referred to herein, property or equipment, or
6.2. The Customer will be billed for any applicable fees personal injury due to either the operation or non-
levied by Underwriters Laboratories and applicable operation of the fire suppression equipment. Acts of
Authorities Having Jurisdiction (A.H.J.) with the same God or natural disasters.
margin for handling. 11.2.Customer further understands that F.C.E. is relying
7. Payment Terms upon this waiver in determining the cost of services
7.1. Payment shall be due to F.C.E. on the date the services provided to you.
have been completed.
the face hereof shall be limited to the cost of the
inspection for the year in which the claim arose. In no
12. Customer's lees onsibilities event will 1".C.E. be liable for special, incidental, or
12.1.F.C.E'. will not be liable for the operation, function or consequential damages.
reliability of interlocks, shut down devices or like 13.4.Customer further agrees that F.C.E. is relying upon this
items, which are not integral components of the fire limitation in determining the cost of services provided
protection system. to you.
12.2.An escort, provided by the customer, shall be provided
and shall accompany each F.C.E technician when
entering any private residential living spaces.
123.F.C.E. will test such connections and ancillary devices
to the fire protection system referenced when requested
and/or authorized by the Customer. Customer 14. Indemnity And Hold Harmless
authorization is assumed by verbal approval from 14.1,The Customer assumes the entire responsibility and
personnel in customers employ. Fire Chief will liability for any and all damage or injury of any kind
automatically repair any deficiencies up to $500. The (including death) to all persons, whether employees of
Customer retains the responsibility for all repairs, Customer or otherwise, and for any and all property
maintenance and proper operation of such ancillary damage, or loss of use thereof', caused by, resulting
devices to the fire protection system. If repairs are to from,arising out of,or occurring in connection with the
exceed $500. F.C.E. will report any observed execution of any work, provided by F.C.E. in
deficiencies, which may impair Or retard the operation association with or involving the installation, use
of the fire protection systems above$500 and provide a operation, repair, and maintenance and performance of
quote to repair the same. the fire detection and/or suppression equipment
12.4.Customer shall provide, insofar as is possible & referenced herein which is caused by or contributed to
reasonable: by any negligent act,error or omission,solely or jointly
• Electric power to portable electric tools on the part of F.C.E. or the Customer, their agents,
• Sufficient light where available and required servants,or employees, including any alleged breach of
• Elevator service for personnel and materials any statutory or codified obligation and including, but
• Reasonable cooperation of Customer's employees not limited to any sole negligence on the part of F.C.E.,
• As-Built Fire Alarm drawings and/or its agents,servants or employees.
• Copies of current and/or last service report(s) 14.2.If any person, or Customer, shall make a claim for any
• A copy of system programming; hard copy and/or on damage or injury (including death) as above described,
disk and passwords for Fire Alarm systems;. the Customer agrees to indemnify and save harmless
• Knowledgeable facilities personnel available to F.C.E., its agents, servants and employees from and
review and/or provide technical aspects of system against any and all loss, expense, damage or injury
operation&layout (including death), F,C,I-", and/or its agents, servants or
• Operations&Maintenance Manuals employees may sustain as a result of any such claim
• Other pertinent documentation as available and and the Customer agrees to assume the defense of
necessary F.C.E. and/or its agents, servants,employees upon such
• It is understood that without the above we will make claim and to pay all costs and expenses incurred in
every effort to properly identify each function of connection therewith
each system but cannot be held responsible for 14.3.Customer agrees to release, indemnify&hold harmless
accidental occurrences that could have been FCE in the event of system malfunction or shutdown of
avoided with proper documentation or supervision. power where services are being performed.
14.4.This agreement shall continue in effect notwithstanding
13. Limitation of Liability the fact the Customer has accepted and paid for the
111 The Customer agrees that,unless indicated otherwise in work.
this agreement, the service performed on the 14.5.Customer further understands that F.C.E. is relying
Customer's equipment by a Representative of F.C.E. upon this limitation in determining the cost of services
will indicate that the fire system was electrically and/or provided to the Customer.
mechanically functioning during the period of time in
which F.C.E.'s representative was performing said 15. Time Limitation
service. 15.L All claims, actions or proceedings, legal or equitable
13.2.3'he Customer agrees that F.C.E. does not guarantee, against F.C.E. must be commenced in court within one
imply, or suggest that the Customer's fire system will year after the cause of action has accrued or the act
detect [and if sq) equipped, extinguish] all fires omission or event occurred from which the claim,
regardless of origin. action or proceeding arises, whichever is earlier,
13.3.'rhe Customer further agrees that F.C.E. shall have no without judicial extension of time or said claim action
responsibility whatsoever to the Customer or to any or proceeding is barred time being of the essence of this
other person for personal injury or death or damage to paragraph.
or loss of property or value, resulting from any causes 15.2.Customer further understands that F.C.E. is relying
beyond F.C.E.'s reasonable control, including but not upon this limitation in determining the cost of services
limited to, if the fire system is outdated, has been provided to you.
tampered with altered or has been improperly used, 15.3.Signature on the proposal acknowledges and accepts
repaired or maintained, or if the hazard area protected these terms in full.
by the fire system has been altered or changed. 16.
F.C.E.'s liability on any claim for loss arising out of or
connected with the service of the fire system listed on