Metro Safety & Fire - 9-1143 CITY OF TIGARD, OREGON
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AGREEMENT FOR SERVICES RELATED TO
FIRE PROTECTION
THIS AGREEMENT made and entered into this 26th of January, 2009 by and between the
City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Metro Safety &
Fire Inc.,hereinafter called Contractor.
RECITALS
WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services; and
WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for
which City requires the services; and
WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the
services described in Contractor's bid or proposal;
THEREFORE, The parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor agrees to provide services related to fire protection services as detailed in Exhibit A —
Scope of Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed, together with an executed
copy of this Agreement. This Agreement shall become effective upon the date of execution and shall
expire, unless otherwise terminated or extended, on January 31, 2014. All services shall be
completed prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding Thirty Seven Thousand Eight Hundred Thirty
Two and 501100 dollars ($37,832.50) for performance of those services described herein, which
payment shall be based upon the following applicable terms:
A. Payment will be made in installments based on Contractor's invoice, subject to the
approval by the City, and not more frequently than monthly. Payment shall be made only
for work actually completed as of the date of invoice.
B. Payment by City shall release City from any further obligation for payment to Contractor,
for services performed or expenses incurred as of the date of the invoice. Payment shall not
be considered acceptance or approval of any work or waiver of any defects therein.
C. Contractor shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
E. Contractor shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes
due, City may pay such claim and charge the amount of the payment against funds due or
General Services Agreement—Metro Safety&Fire
to become due the Contractor. The payment of the claim in this manner shall not relieve
Contractor or their surety from obligation with respect to any unpaid claims.
G. Contractor shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one work week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
H. Contractor shall promptly, as due,make payment to any person, co-partnership, association
or corporation, furnishing medical, surgical, hospital care or other needed care and
attention incident to sickness or injury to the employees of Contractor or all sums which
Contractor agrees to pay for such services and all moneys and sums which Contractor
collected or deducted from the wages of employees pursuant to any law, contract or
agreement for the purpose of providing or paying for such service.
1. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
5. ASSIGNMENT/DELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
party shall be invalid.
6. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. The following addresses
shall be used to transmit notices,bills,payments, and other information:
Contract Manager for City Contract Manager for Contractor
City of Tigard• Company:Metro Safety&Fire Inc.
Attn:Nick Nissen,Facilities Services Coordinator Attn:Michelle Law-Streeter,Accounts Manager
13125 SW Hall Blvd.,Tigard,Oregon 97223 Address:PO Box 13716,Portland,OR 97213'
Phone: (503)718-2605 Phone: 503-231-2999
Fax: 503-684-8840 Fax: 503-2564691
Email Address: llgn@tigard-or.gov Email Address:
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 31 of
January, 2014 shall be accompanied by thirty (30) days written notice to the other party prior to
the date termination would take effect. There shall be no penalty for early termination. if City
terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered
prorated to the date of termination.
8. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination, excerpts and transcripts.
9. FORCE MAJEURE
Neither City nor Contractor shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest,
volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo,
unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the
General Services Agreement—Metro Safety&Fire
parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other
party in writing of the cause of delay and its probable extent. Such notification shall not be the basis
for a claim for additional compensation. Each party shall, however, make all reasonable efforts to
remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
10. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established
pursuant to those laws.
11. INDEMNITY/HOLD HARMLESS
Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands,judgments, penalties, and causes of
action of any kind or character, or other costs or expenses incidental to the investigation and
defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor
or its subcontractors, agents, or employees under this contract, except,however, that the foregoing
shall not apply to liability that arises out of City's sole negligence.
12. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of
this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's
activities or work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Coverage Limit
General Aggregate 1,00000
Products-Completed Operations Aggregate 1,000,000
Personal &Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense(any one person) 5,000
B. Business Automobile Liability Insurance
If Contractor will be delivering any goods or services which require the use of a vehicle,
Contractor shall provide City a certificate indicating that Contractor has business automobile
liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit
per occurrence shall not be less than $1,000,000. Said insurance shall name City as an
additional insured and shall require written notice to City thirty (30) days in advance of
General Services Agreement—Metro Safety&Fire
cancellation. If Contractor hires a carrier to make delivery, Contractor shall ensure that said
carrier complies with this paragraph.
C. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this Contract
that are either subject employers under the Oregon Workers' Compensation Law and shall
comply with ORS 656.017, which requires them to provide workers' compensation
coverage that satisfies Oregon law for all their subject workers or employers that are
exempt under QRS 656.126. Out-of-state employers must provide Oregon workers'
compensation coverage for their workers who work at a single location within Oregon for
more than 30 days in a calendar year. Contractors who perform work without the
assistance or labor of any employee need not obtain such coverage. This shall include
Employer's Liability Insurance with coverage limits of not less than $500,000 each
accident.
D. Insurance Carrier Rating
All coverage provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any insurance
carrier(s) with an unacceptable financial rating.
E. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall
furnish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City.
The procuring of such required insurance shall not be construed to limit contractor's liability
hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any
damage,injury, or loss caused by negligence or neglect connected with this contract.
20. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees(expert and non-expert), attorney's fees and court costs on appeal.
21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and
subcontractors and income tax withholding contained in ORS Chapter 27913, the provisions of
which are hereby made a part of this agreement.
22. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith.
23. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
General Services Agreement—Metro Safety&Fire
affected to the extent that it did not materially affect the intent of the parties when they entered into
the agreement.
24, INDUSTRIAL ACCIDENT FUND PAYMENT
Contractor shall pay all contributions or amount due the Industrial Accident Fund form that
Contractor or subcontractors incur during the performance of this Agreement.
25. COMPLETE AGREEMENT
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit,
the provision in the main body of the Agreement shall control. In the event of an inconsistency
between Exhibit A and Exhibit B, Exhibit A shall control. No modification of this Agreement shall
be effective unless and until it is made in writing and signed by both parties. No waiver, consent,
modification, or change of terms of this Agreement shall bind either party unless in writing and
signed by both parties. Such waiver, consent,modification, or change if made, shall be effective only
in specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. Contractor, by the
signature of its authorized representative, hereby acknowledges that Contractor has read this
Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
CITY OF G
-L/ / Za
By; Craig P sser,City Manager Date
METRO SAFETY& FIRE INC,
Print Name&Title of Authorized Representative
Sggn Name Date
General Services Agreement—Metro Safety&Fire
Exhibit A
METRO
SAFETY & FIRE, INC.
.FIAL SERVICE FIRE PRCFMCTION.
November 12, 2008
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Attention: Nick Nissan
RE: FIRE PROTECTION SERVICES FOR 2009
Dear Nick,
The below figures are for the inspection and testing of the fire equipment as documented in our
records. Any modifications, repairs or replacement will be documented and quoted separately.
CITY HALL
Sprinkler System—due 9109:
Annual Maintenance of(1)Wet Valve Sprinkler System.......................................$162.00
Portable Fire Extinguishers— due 9109
Annual Maintenance of portable fire extinguishers...........................................$160.00
Emergency and Exit Lights—due 9109
Annual Maintenance of Emergency/Exit Lights...............................................$65.00
COOK PARK—CONCESSION BUILDING
Kitchen Fire Suppression System — due 12108, 6109 & 12109
Semi-Annual Maintenance of Fire Suppression System.............................$135.00 ea.
FLEET
Portable Fire Extinguishers— due 9109:
Annual Maintenance of portable fire extinguishers...........................................$440.00
Emergency and Exit Lights—due 9109
Annual Maintenance of Emergency/Exit Lights...............................................$35.00
Exhibit A
LIBRARY
Sprinkler System — due 9109:
Annual Maintenance of(2)Wet Valve Sprinkler System.............................$162.00 ea.
Fire Alarm System—due 8109:
Annual Maintenance of Fire Alarm System...................................................$526.50
Elevator—due 8109:
Annual Maintenance of(2) Elevators......................................... ......$90.00 ea.
Portable Fire Extinguishers— due 9109:
Annual Maintenance of portable fire extinguishers...........................................$100.00
Emergency and Exit Lights—due 9109
Annual Maintenance of Emergency/Exit Lights.............................................$150.00
NICHE
Fire Alarm System—due 2109 & 8109:
Semi-Annual Maintenance of Fire Alarm System......................................$139.50 ea.
Portable Fire Extinguishers— due 9109:
Annual Maintenance of portable fire extinguishers.............................................$60.00
Emergency and Exit Lights—due 9109
Annual Maintenance of Emergency/Exit Lights...............................................$35.00
PERMITS
Sprinkler System—due 9109:
Annual Maintenance of(1)Wet Valve Sprinkler System..................................$162.00
Fire Alarm System —due 2109 & 8109:
Semi-Annual Maintenance of Fire Alarm System......................................$526.50 ea.
Alarm testing is for Permits; City Hall and Police Department
Portable Fire Extinguishers—due 9109:
Annual Maintenance of portable fire extinguishers.............................................$70.00
Emergency and Exit Lights—due 9109
Annual Maintenance of Emergency/Exit Lights...............................................$85.00
POLICE DEPARTMENT
Sprinkler System—due 9109:.
Annual Maintenance of(2) Anti-Freeze Loops.............................................$40.00 ea.
Portable Fire Extinguishers—due 9109:
Annual Maintenance of portable fire extinguishers...........................................$525.00
Exhibit A
Emergency and Exit Lights —due 9109
Annual Maintenance of Emergency/Exit Lights...............................................$60.00
PUBLIC WORKS
Fire Alarm System —due 2109 & 8109:
Semi-Annual Maintenance of Fire Alarm System......................................$184.50 ea.
Portable Fire Extinguishers —due 9109:
Annual Maintenance of portable fire extinguishers...........................................$680.00
Emergency and Exit Lights —due 9109
Annual Maintenance of Emergency/Exit Lights...............................................$30.00
SENIOR CENTER
Sprinkler System — due 9109:
Annual Maintenance of(1)Wet Valve Sprinkler System..................................$162.00
Fire Alarm System—due 2109 & 8109:
Semi-Annual Maintenance of Fire Alarm System......................................$184.50 ea.
Portable Fire Extinguishers—due 9/09:
Annual Maintenance of portable fire extinguishers.............................................$60.00
Emergency and Exit Lights—due 9109
Annual Maintenance of Emergency/Exit Lights...............................................$50.00
Kitchen Fire Suppression System — Building under construction (Please call when
complete to schedule service)
Semi-Annual Maintenance of Fire Suppression System.............................$135.00 ea.
WATER WORKS
Sprinkler System—due 9109
Annual Maintenance of(1) Dry Valve Sprinkler System...................................$243.00
Annual Winterization of Sprinkler System......................................................$81.00
Fire Alarm System — due 2/09 & 8/09:
Semi-Annual Maintenance of Fire Alarm System......................................$130.50 ea.
Portable Fire Extinguishers —due 9109:
Annual Maintenance of portable fire extinguishers.............................................$95.00
Emergency and Exit Lights —due 9109
Annual Maintenance of Emergency/Exit Lights...............................................$75.00
Total............................................................................................$7,556.50/yr
X 5 years = $37,832.50