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Metro Safety & Fire, Inc. - Fire Extinguishers & Sprinkler System 1, C 7 2003 M. a CITY OF TIGARD PURCHASE AGREEMENT Fire Extinguishers, Fire Sprinkler System Service and Repair, Fire Alarm Monitoring and First Aid/Medical Kit Refills THIS CONTRACT made and entered into this August 1, 2003 by and between the City of Tigard, Oregon, a municipal corporation of the State of Oregon,hereinafter called"City", and Metro Safety&Fire, hereinafter called "Contractor." RECITALS WHEREAS, City has need for certain goods or services provided by Contractor,and WHEREAS. Contractor is in the business of selling certain goods or services and is aware of the purposes for which City will use the goods, THEREFORE, City and Contractor wish to enter into a contract under which City shall purchase the goods or services described in Contractor's bid in accordance with these contract documents, including the attached standard terms and conditions. TERM AND CONDITIONS Any purchase made against this Contract shall be in compliance with the terms and conditions set forth in these contract documents,including those listed in Exhibit A,Standard Terms and Conditions. GOODS OR SERVICES TO BE PROVIDED City shall purchase goods or services from Contractor in accordance with specifications, scope, and unit prices outlined in Exhibit B. This Contract is non-exclusive, City reserves the right to procure goods or services through any other means as it deems necessary. Contractor shall be responsible for the delivery of goods or services in accordance with Exhibit B and the terms and conditions of this Contract. EFFECTIVE DATES AND DURATION This Contract shall become effective upon August 1, 2003 and shall expire, unless otherwise terminated or extended,on July 31, 2005. Total term of the contract shall not exceed two years. COMPENSATION City agrees to compensate Contractor for goods or services supplied, including any applicable shipping and handling charges, as described in Exhibit B. City shall not be responsible for payment of any materials, services, expense, or costs other than those which are specifically included in Exhibit B. Payment shall be on a unit price only for those goods or services received in an acceptable condition to City. Compensation over the life of this Contract.is estimated at Fifteen thousand seven hundred twenty-nine Dollars ($15,729.00). Pricing shall be firm for the duration of the contract. Payment will be made based on Contractor's invoice, subject to the approval of the Contract Manager or appropriate City representative,and not more frequently than monthly. Payment shall be made only for work actually completed as of date of invoice. Payment terms shall be net 30 days from date of invoice. CONTACT INFORMATION All notices, biIIs, and payments shaII be made in writing and may be given by personal delivery, mail, or fax. Payments may be delivered by personal delivery, mail,or electronic transfer. The following addresses and contacts 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 Attn: Arnie Manzano,Public Works Facility Coordinator Attn: Marc Casey 13125 SW Hall Blvd.,Tigard,Oregon 97223 Address_: PO Box 13716,Portland,OR 97213 Phone: 503-6394171 ext.2605 Phone: 503-231-2999 Fax: 503-718-2401 Fax: 503-256-4691 Email Address: Arnaldo@ci.tigard.or.us Email Address: CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor acknowledges that for all purposes related to this Contract, Contractor is and shall be deemed to be an independent contractor as defined by ORS 670.600 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose,City shall be entitled to offset compensation due,or to demand repayment of any amounts paid to Contractor under the terms of this Contract,to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make(to Contractor or to a third party)as a result of said finding. Contractor acknowledges that for all purposes related to this Contract, Contractor is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. INVDEMNIFICATION 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 expensed incidental to the investigation and defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor or is Subcontractors, agents, or employees under this contract, except, however,that the foregoing shall not apply to liability that arises out of City's negligence. 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 and work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following hints and coverage's: a. Commercial General Liability Insurance If Contractor will be installing or testing the goods, or otherwise performing services on City's premises, Contractor shall provide a certificate indicating that Contractor has commercial general liability insurance covering bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance. Coverage will include $1,000,000 per occun-ence and$2,000,000 general annual aggregate. Said insurance shall name City as an additional insured and shall require written notice to City thirty (30) days in advance of cancellation. If Contractor- hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this paragraph. b. Business Automobile Liability Insurance If Contractor will be delivering the goods, Contractor shall provide City a certificate indicating that Contractor has business automobile liability coverage for all owned, hired, and non-owned vehicles. The . R 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 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, its Subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers'Compensation Law shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. 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 workers' compensation coverage. All non-exempt employers shall provide Employer's Liability Insurance with coverage limits of not less than$500,000 each accident. d. 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 affected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this Contract. e. City's insurance is excess and not contributory insurance with the insurance required by this contract. Any action or suits involving any question arising under this Contract must be brought in the appropriate court of the State of Oregon. COMPLETE AGREEMENT This Contract,including the attached terms and conditions and exhibits,constitutes the entire agreement between the parties. No waiver, consent, modification, or change of terms of this Contract 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 Contract. Contractor, by the signature of its authorized representative,hereby acknowledges that he/she has read this Contract,understands it and agrees to be bound by its terns and conditions. IN WITNESS WHEREOF, City has caused this Contract to be executed by its duly authorized undersigned officer and Contractor has executed this Contract on the date hereinabove first written. CITY OF TIGARD ONTRACTOR By: Authorized City Representative By: Authorized Cona or" r epresentative E/-7Zoo $ - 1 - 03 Date Date EXHIBIT A-CITY OF TiGARD shall be cancellation for cause and in the event of such cancellation,Buyer shall have the STANDARD TERMS AND CONDITIONS right to complete,or cause to have completed,this Order including the right to cause Seller to produce,without liability of any kind to the Buyer,proprietary items of the Seller as I. Packing&Shipment Deliveries shall be made as specified,without charge for boxing, necessary to complete the Order. The remedies and damages in this section shall be crating,carting or storage. Material shall be suitably packed to ensure against damage from cumulative and in addition to any other or further remedies provided at Law or in Equity, weather or transportation and to secure lowest transportation costs,and in accordance with including reasonable and necessary attorney's fees and other costs of litigation. the requirements of common carvers. Buyer's Order number and symbols must be plainly I O.Termination. City has the right, in its sole discretion, to terminate this Agreement marked on all invoices,packages,bills of lading and shipping orders. Packing lists shall without cause or for no cause at any time by giving notice to Seller. If City terminates accompany each box or package shipment Buyers count or weight shall be conclusive on the contract pursuant to this section,it shall pay Seller for goods shipped by Seller prior shipment not accompanied by packing lists- Unless otherwise specifically agreed on the to receipt by Seller of the notice of termination. City may deduct the amount of reverse side of this Agreement,all costs of packaging and shipment are included in the damages,if any,sustained by City due to any breach of contract or warranty by Seller. purchase price and all goods will be shipped,with all costs prepaid. Risk of loss to goods in Damages for breach of contract or warranty shall be those allowed by Oregon law, shipment(including damage,destruction,theft,or loss)shall be home by the Seller. Risk of reasonable and necessary attorney fees,witness fees(expert and non-expert),and other loss shall not pass to Buyer until the goods are delivered to and checked in at the location costs of litigation at trial and on appeal. specified by Buyer in this Order. I I.Assigrment and Subcontractine. Seller may not assign or subcontract any of its tights or 2. Wan-an - Unless otherwise agreed in writing,Seller warrants that the products ordered will obligations hereunder without the prior written approval of Buyer. Any unapproved conform to the specifications herein and to any drawings,samples,or other description assignment shall be void. Seller shall be fully responsible for the acts or omissions of any Furnished or adopted by Buyer. All products are wan-anted to be merchantable,to be of the subcontractors and all persons employed by them,and neither the approval by Buyer orany highest quality design,material,and workmanship and free from defect and to be fit for subcontract nor anything contained herein shall be deemed to create any contractual relation purpose intended. All warranties shall survive inspection or test,acceptance and payment. between the subcontractor and the Buyer. Buyer may assign its tights under this Order. Warranties shall run to Buyer,its successors,assigns and customers. Warranty period shall 12.Work on Buyer's Premises. If Sellers performance of this Order involves operations by be(1)year Gom date of acceptance by Buyer. Seller on Buyer's premises,Seller shall(a)provide all necessary and sufficient safeguards 3. Inspection and Acceptance. At Buyer's request,Seller shall provide a complete inspection and take all proper precautions against the occurrence of injury to any person or damage to program;satisfactory to Buyer,for Buyers inspection of all materials,fabricating methods, any property,and shall be responsible for and shall indemnify and hold harmless Buyer,its equipment in process work and finished products. representatives,officers,employees,and agents from any and all loss,suit,action or claim, If this Order provides for inspection of the work by Buyer on site during the period of including cost and attorney's fees,by reason of injury,including death,to any person and manufacture, Seller agrees to provide Buyers inspectors with reasonable facilities and carry public liability and property damage insurance with limits of liability of not less than assistance during such inspection. Inspection by Buyer shall not unduly delay the work. $300,000 each, unless higher limits are required by a signed purchase agreement, with Buyer may charge Seller any additional cost incurred by Buyer if the work is not ready in contractual liability endorsement and such insurance of employees as may be required by accordance oath the inspection schedule. Any inspection made or Waiver-of-Inspection- any workmen's compensation act or other law,regulation or ordinance which may apply in Notice given by Buyer will not relieve Seller firm its responsibilities for delivering products the premises. Such public liability and property damage insurance shall also cover the and work hereunder. operation of Sellers vehicles used in the performance of Seller's operations. Any policy of Acceptance or rejection of the products shall be made up to 10 days after delivery and insurance written in accordance with the foregoing shall be appropriately endorsed to named inspection by Buyer except as otherwise provided herein. Failure to inspect and accept or Buyer,it's officials,employees and agents as additional insureds,with provisions that such reject products shall neither relieve Seller from responsibility for such products,which do insurance is primary insurance with respect to their interest,and that any other insurance not meet the requirements herein nor impose liability on Buyer therefore. maintained by Buyer is excess and not contributory insurance wth the insurance required- 4. Delivery. If Seller fails to meet the delivery schedule provided herein,Buyer may require hereunder,with cross-liability or severability of interest provisions,and shall further provide Seller to deliver the products,or any portion thereof,in any manner commercially necessary that the coverage provided thereby shall not be modified or discontinued or terminated to speed delivery,all at the Seller's sole expense. Unless otherwise agreed upon in writing except upon 30 days prior written notice to Buyer. Compliance shall be verified by by Buyer and Seller,Seller shall be required to pay the normal freight weight plus any Certificate of Insurance with appropriate endorsements sent to Buyer prior to Seller premium rate required.Invoices covering products shipped in advance of the date specified commencing work on Buyers premises. Any work performed on Buyers premises must be will not be paid until after the date specified for delivery and are subject to rejection,as done pursuant to all OSHA standards,all applicable State and Federal health and safety provided in this paragraph immediately below,if shipped too early. laws, rules and regulations and all workers must be covered by workers'compensation Neither party shall be liable for delays or defaults due to strike,fire,windstorm,riot,natural insurance furnished through and paid for by Seller. disaster, war, civil unrest or other similar unforeseeable cause beyond the control and 13.Stop Work Order. Buyer may,at any time by written order to Seller,require Seller to stop Without the fault or negligence of the party incurring such delay- Seller shall notify Buyer in all,or any part of the work called for by this Order for a period of 90 days after the written writing of the existence of such cause within five(5)days after the commencement of the order is delivered to Seller,and for any further period to which the parties may agree and for delay or default giving pertinent information concerning such cause. No delivery shall be any other period to which the parties may have agreed or as provided in Section 4, 10. made more than seven(7)days prior to the applicable delivery date and Buyer shall have the and/or 1 I. Within the period of 90 days or lessor within any extension of that period,Buyer light to return earlier deliveries at Sellers risk and expense or charge to Seller any additional shall either: (a)cancel the"Stop Work Order" and direct Seller to resume work; o-(b) costs sustained because of time same. terminate the work covered by this Order. If Buyer orders Seller to resume work,Seller 5. Buyer-Furnished Materials. Seller shall assume all risk of loss of any material furnished by shall be entitled to any equitable adjustment pursuant to Section 8 provided a claim for such Buyer to Seller for use in performance of this Order. an adjustment shall be submitted by Seller within 30 days after the end of the period of work 6. Taxes. Seiler shall not invoice Buyer for any taxes nor include in Sellers price any federal stoppage. excise,state,or city tax or any other tax,unless Seller has first asked Buyer for Buyer's tax 14.Payment. Payment date and cash discount period shall be calculated from the date of exemption number and it has been agreed upon between both parties that Buyer is not Buyer's receipt of an acceptable invoice and Buyer's acceptance of the products and exempt from the tax. supporting documentation at destination. 7. Changes. Buyer may,by written order,make changes including changes in dramvings or 15.1nfommation/Data. Unless otherwise agreed in writing any designs,drawings,specifications, specifications. Buyer will equitably adjust any diflereroe in cost or time for periommance or other manufacturing information flnmished by Buyer to Seller shall be confidential to resulting from such change and the Order nmodified in otmiting accordingly. ANY CLAIM Buyer and is furnished solely for the perionoance of this Order. All copies of such BY SELLER UNDER THIS CLAUSE MUST BE ASSERTED IN WRITING WITHIN information shall be retuned 10 Buyer upon completion of the Order. Any designs, 30 DAPS FROM THE DATE OF SELLER'S RECEIPTOF THE CHANGE ORDER OR drawings,specifications,or oilier rranufactunng inlormabon delivered by Seller to Buyer TI IE CLAIM WILL NOT BE ALLOWED. may be used for any purpose whatsoever. -flrc Ibregoing shall apply notwithstanding the In the event that Buyer proposes any change prior to making such chane by mitten order presence or absence of any contrary legend or statement on any of such inlbmmation. All and such change will have an etlect on the wananty of the products prcx:ured by this Ordcr, bUtiInCSS and govenrnmental infonmmatiou n>atcrials containing business and govcnumental Seller shall notify Buyer in wm-iting of such etlect within 10 days ofreceipt ofsuch proposal. inlommation provided by Buyer to Seller shall be treated as conlicdcntial. 8. Adveitisims- Seller sball not;without the written consent of Buyer,in any manner ach'erise I O.Compliance will hos and Regulations. Seller warrants that all prcxlucts,gcxxls,or wort: ur publish the tact that Seller has hnmished or contracted to funmish to BLp'er the pnxlucts cidivoed and p erlonmed shall comply with all applicable Fedor-al,Statc oi-Local L<u\vs fur herein. Regulations including without linmitation_111C Occupational Safety and IIcuth Act(29 USC 9. Cancellation for Cause. Buyer nmay cancel all or any part of the undelivered portion of this Chapter 15);Federal I larrrdous Material Transportation Act(49 USC.Chapter 27);Lqual Order if Seller breaches any of the terms hereof or in the event of any bf the following: Employment Opportunity, G.O- 11246 and 41 CFR Sections 60-1.4 and 60-L7; Insolvency of Seller,a voluntary or involuntary petition in bankruptcy for,by or against Employment of the Handicapped E.O. 11758 and 41 CFR Section 60-741-4;Utilization of Scllcr;the appointment of a receiver or trustee for Seller,or an assignment for the benefit o1 Minority Enterprises E.O. 11025 and 41 CFR Subpart 1-1.13; Age Discrinmination L.0 creditors by Seller or if Buyer has reasonable cause to believe Seller will become insolvent. 1 1 141,En#oymment of Veterans L.O. 1 1701 and 41 CFR Section 50-250.4 and all rules, file for bankruptcy,go out of business or that the pralucts being shipped may be subject to revelations and amcndnments issued pursuant to the for egoing. lien,claim or attachnmcnt by a creditor of Sella. Any such cancellation under this section Seller shall indemnity Buyer, its officers, employees and agents against any damages, Notice. Any notice requited or permitted to be given by tither party to the other shall be penalties,costs or expenses incurred in connection with any alleged violation of any Federal, deemed to have been given when sent via lclecopy,ovenhight air courier,or deposited in the State or Local taw or regulating the manufacture or sale to the Buyer of any Item covered United States mail certified, return receipt requested, with first class postage prepaid, by this Older. addressed as indicated on the front of this order,or addressed to either party at such other 17.Patents, Copyrights, Trademarks. Seller warrants that no products will be furnished address as such party shall hereafter furnish to the other party in writing. Notice shall also be hereunder,which infiinge or contribute to the inftingernent of any letters patent,copyriglit or considered effective upon delivery if personally delivered. tademark. Seller agrees to immediately replace at its sole cost any products furnished 27.Conditions of Supplying a Public Agency. Where applicable,seller must make payment hereunder which infringe or contribute to the infringement ofany letters patent,copyright or promptly as due to persons supplying Seller labor or materials for the execution of the work trademark or to take all steps necessary at Seller's sole expense to remove such infringement provided by this order. Seller must pay all contributions or ai`nodnis due from Seller to the Seller will indemnify and hold harmless Buyer,its representatives,officers,employees and industrial accident fund incurred in the performance of this order>gSeller shall not permit any agents from and against any and all costs,royalties,damages and/or expenses which may lien or claim to be filed or prosecuted against Buyer or any subdivision ofBuyer on account arise out of or result from, or be reasonably incurred in contesting any claims that the of any labor or material to be furnished. Seller further agrees to spay to the Departnhe;nt of methods, processes or acts by the Seller or its employees or the products furnished Revenue all suras withheld from employees pursuant to ORS 316.167. hereunder,infringes or contributes to the inftingement of any letters,patent,copyright or 28.Pavement of Claims by Public Officers. In the event that Seller fails,neglects or refuses to trademark. make prompt payment of any claim for labor or services furnished to Seller or a 18.Waiver. The failure of Buyer to enforce at any time any of the provisions of this Order or to subcontractor of Seller by any person in connection with the performance of this order when exercise any option herein provided, shall not be a present or future waiver of such such claim becomes due, then the proper officer or officers representing the Buyer provisions,nor in any way affect the validity of this Order or any part hereof,or the right hereunder may pay such claim to the person famishing the labor or services and charge the thereafter to enforce each and every such provision. The express waiver(whether one(1)or amount of the payment against the funds due or to become due to the Seller by reason of this more times)of any provision,condition or requirement shall not constitute a waiver of any order. The payment of a claim in the manner authorized by this provision shall not relicve>' } future obligation to complywith such provision,condition or requirement. the Seller or any of the Seller's surety from obligations with respect to any unpaid claims. 19.independent Contractor. Seller is an independent contractor and persons employed by 29. Health Care Benefits for Seller's Employees. If this order involves public service, then Seller shall be employees of Seller and not employees of Buyer. Seller must provide health care benefits to all employees who are performing services'; 20.Complete Agreement The Purchase Agreement and any referenced attachments constitute previously performed by public employees performing similar duties under this order. the complete agreement between the parties. Except as otherwise provided herein,it is 30.Hours of Labor. If labor is performed under this order,then no person shall be enmployed' subject to change only by an instrument signed in writing by both parties. for more than eight(8)hours in any one day,or forty(40)hours in any one week,except ill `1 21.Acceptance by Performance. If Seller fails provide to Buyer with a signed copy of this cases of necessity,or emergency or where the public policy absolutely requires it,and ing" order,but delivers product or perfomts the services specified in this agreement,then Seller such cases,except cases of contracts for personal services as defined in OILS 279.050,the, rt agrees that fhc Seller shall be deemed to have accepted the terms and conditions of this labor shall be paid at least time and a half for all overtime in excess of eight(8)hours a day`' order,as provided on both file front and this reverse side ofthe order. Buyer must agree any and for all work performed on Saturday and on any legal holidays as specified in ORS changes or modifications to this order by Seller to,in writing,or they shall not be deemed 279.334. In cases of contracts for personal services as defined in ORS 279.050,any labor accepted by Buyer and if the Seller delivers the products nonetheless,then the original terms shall be paid at least time and a half for all hours worked in excess of forty(40)hours in any and conditions of this order shall govern. one week,except for those individuals excluded under ORS 653.010 to 653.260 or under 29 22.Mandatory Mediation and Binding Arbitration. If there is a dispute concerning any of the USC SS 201-209. terns,conditions or the performance of this order,then it is hereby agreed by both Buyer 31.Medical Care and Workers'Compensation. Seller shall promptly,-'as due,make payment to and Seller that the dispute shall be submitted first to non-binding mediation,to be performed any person, co-partnership, association or corporation, fumisliin'g medical, surgical and by a sole mediator to be agreed upon between Buyer and Seller. If a mediator cannot be hospital care or other needed care and attention incident to"sickness or injury, to the agreed upon,then die parties agree that any Circuit Court judge for the State of Oregon, employees of such Seller,of all sums which the Seller agrees to pay'for such services and all County of Washington,shall be authorized to appoint a mediator for the parties. moneys and sums which the Seller collected or deducted fi-om the wages of die employees Should die parties fail to reach an agreement through mediation,then the parties shall submit pursuant to any law,contractor agreement for the purpose of providing or paying for such to binding arbitration,which shall be governed by the rules of the Arbitration Service of service. Portland,and shall be conducted within Washington County. The arbitration shall be conducted by a single arbitrator chosen by mutual agreement of the parties. If the parties are unable to agree on an arbitrator,the parties shall ask the Presiding Judge of the Circuit Court for Washington County to select the arbitrator. If the arbitrator determines that one party is the prevailing party,then the losing party shall be required to pay all fees and costs of the arbitration. On the other hand, if the arbitrator determines that neither party is to be considered the prevailing party,then the fees and costs of the arbitration shall be divided equally between the parties. The parties knowingly and voluntarily waive their rights to have their dispute tried and adjudicated by a judge or jury. ih the event a party fails to proceed with arbitration,unsuccessfully challenges the arbitrator's award,or fails to comply with the arbitrator's award, then the other party shall be entitled to costs, including reasonable attorney fees, for having to compel arbitration or defend or enforce the award. The parties agree to defend the arbitrator and any individual engaged in the administration of an arbitration proceeding from any subpoenas or claims from third parties arising out of this order or the arbitration. 23.Jurisdiction and Attomev Fees. This order shall be governed and construed according to the laws of the State of Oregon. If a dispute shall apse under this order necessitating the services of an attorney,then the prevailing party shall be entitled to collect tion the losing party all of its/his/her reasonable costs and attorney fees,either in arbitration(if awa ded by the arbitrator as provided above),or by a court before which any nhaner concerning this order may be heard,both at tial and on appeal. 24.Neunal Interpretation. -1-his order constitutes the product of negotiations between the parties hereto. Any enforcement hereof will be interpreted in a neutral manner and not more strongly for or against any pariy haled upon the source of dralisn unship. 25.Severability. Nothing contained herein shall be construed to require the commission nfany act contrary to law.and whcrccer there is any conflict imween the pnryisions contained hcaein and an_v present or future swtute,lary,ordinance or regulation eonoary Io which to;he parties have no legal right to contract, the latter shall prevail. llhc provision of this Agreement,which is affected,shall be curtailed and limited only to the extent necesQl-v to bring it\vithin the requirement of the law. 26. Calculation of Time. All periods of tfnhe refelled to herein shall include Saturdays, Sundays,and Icgal holidays in the State of Oregon,except[flat if the last day of any period falls on any Saturday,Sunday or such holiday,then that period shall be extended to include the next day which is 1101 a Saturday,Sunday or holiday. EXHIBIT B SCOPE OF WORK Contractor shall provide full service inspection, service, and repair of Fire Extinguishers, Fire Sprinkler System Service and Repair Fire Alarm Monitoring&First Aid/Medical Kit Refills for the City facilities. SPECIFICATIONS 1. Work shall include,but shall not be limited to the following: A. Portable Fire Extinguishers-Annual test/maintenance ➢ Contractor shall inspect,maintain, test and recharge on an annual basis. ➢ Contractor shall attach an appropriate status tag to each unit. Tags shall be imprinted with the contractor name, person performing the service, address, telephone number, and month and year maintenance was performed on each extinguisher and indicates if recharging was performed. ➢ Types of extinguishers include 5 & 10 lb ABC ➢ City reserves the right to provide any fire extinguishers that needs replaced or to request the Contractor to replace. Which ever is in the best interest of the City. Replacement fire extinguishers shall be new not refurbished. ➢ Contractor shall furnish all repair and replacement parts including but not limited to lock pins, nozzles, valves, seals, o-rings, nitrogen cylinders, extinguishing agents, hoses, and adapters. Those parts furnished shall be matched to the manufacturer's published requirements. ➢ Contractor shall not perform maintenance on any portable fire extinguisher if the cost of such repairs will exceed 50 percent of the current manufacturer's list price for the same type of unit with identical capacity. ➢ Portable fire extinguishers are located in all City buildings and most City vehicles. b. Emergency Lights/Exit Lights-Annual test/maintenance ➢ Contractor shall perform annual test with battery check. ➢ Contractor shall provide batteries and light bulbs. ➢ Emergency and Exit Lights are located in all City buildings. c. Fire Sprinkler Systems - Annual test/maintenance ➢ Contractor shall perform annual maintenance on wet and dry sprinkler systems which includes an Anti-Freeze loop check. ➢ Fire Sprinklers Systems are located at the Library, City Hall, Police Department, Senior Center and Water Building. d. Fire & Security Alarm Systems - Semi-Annual test/maintenance The Contractor shall inspect and test all fire alann systems to ensure the proper efficiency, reliability, and the safe performance of all equipment. Work shall be in accordance with NEPA codes, equipment manufacturer's recommendations, and the specifications herein. Detailed documentation of inspections (inspection reports) shall be completed following each test. ➢ Fire & Security Alarm Systems are located as indicated in Item (D) on Quote Form. e. Fire & Security Alarm Systems—Mon itoring Services (24-hours) ➢ Contractor shall monitor alarm systems on a 24 hour a day, 365 days a year basis. ➢ The Contractor shall establish a procedure with the Contract Administrator for the receipt and disposition of burglary alarms. Upon verification of a false alarm, through security code identification, the Contractor shall notify the proper authorities as to the false alarm signal. :. ➢ Alarm Monitoring are for the seven (7) Fire & Security/Burglar Alarm Systems shown in Item(D) on Quote Form. L Ansul Wet Chemical Fire Suppression System (Kitchen) -Semi-Annual test/maintenance ➢ The Contractor is to provide all labor, tools, equipment and consumables to conduct all tests and inspections, required by appropriate NFPA Code for the Ansul Wet Chemical Fire Suppression System. ➢ The Tigard Senior Center is the only location of this system. g. Medical Fit/Cabinet Refill Services- Quarterly ➢ Contractor shall supply, deliver and restock on a quarterly basis, first aid supplies required for each cabinet. ➢ Approximate quantity of Medical Kits/Cabinets in the City buildings is 19. Sizes include large, medium and small. 2. Locations: a. Main City Hall - includes Library, Police and 2 modular units— 13125 SW Hall Blvd., Tigard OR 97223 b. Niche Bldg—9720 SW Burnham,Tigard, OR 97223 c. Water Bldg—8777 SW Burnham, Tigard, OR 97223 d. Public Works Annex—9020 SW Burnham, Tigard, OR 97223 e. Public Works Bldg— 12800 SW Ash,Tigard, OR 97223 f. Senior Center—8815 SW O'Mara, Tigard, OR 97223 3. Unidentified Needs: The City does not intend to limit itself to only those items specified. _ Unidentified needs may occur during the term of this contract necessitating the purchase of services for items not listed. Pricing for those items will be negotiated. 4. Repairs: All repairs to systems will be done on a time and material basis upon approval of Contract Administrator. UNIT PRICING OF GOODS PRICING: Pricing shall be firm for the full term of the two year contract. A. Portable Fire Extinl4uishers: AnnUal Maintenance of portable fire extinguishers 54.00 each Low pressure hydro test 58.50 each 5#ABC recharges S 10.50 each 10#ABC recharges S 14.00 each 5#ABC replacement 540.00 each 10#ABC replacement $59.00 each Labor hourly rate charge $55.00 per hour B. Emergency Lights/Exit Lights: Annual Test with battery check $4.00-each Batteries(most sizes) $19.00 to$29.95 each Light bulbs(most sizes) $2.00 to$7.00 each Labor hourly rate charge $55.00 per hour C. Fire Sprinkler Systems: Annual Maintenance on Wet Sprinkler Systems $140.00 each Annual Maintenance on Dry Sprinkler Systems $210.00 each Anti-Freeze loop check $35.00 each Labor hourly rate charge $65.00 per hour D. Fire&Security Alarm Systems(Semi-Annual Maintenance): Semi-Annual Maintenanceon fire or security/burglar alarm systems(base rice) $7-5.00 each Public Works fire alarm semi-annual maintenance $120.00 each Niche Bldg fire alarm semi-annual maintenance $75.00 each Library Bldg fire alarm semi-annual maintenance $140.00 each Water Bldg fire alarm semi-annual maintenance $75.00 each City Hall/Police Dept fire alarm semi-annual maintenance $140.00 each Senior Center fire alarm semi-annual maintenance $75.00 each Senior Center burglar alarm semi-annual maintenance $incl. each _:::j Labor hourly rate charge $70.00 per hour E. Monthly(24-hour)Monitoring Services(phone line based systems): Fire Alarm monitoring $26.95 each/month Security(Burglar)Alarm monitoring $19.00 each/month Fire&Security Alarm monitoring(together) $26.95 each/month Labor hourly rate charge $70.00 per hour F. Kitchen Fire Suppression(Ansul Wet Chemical)Svstem: Semi-Annual Maintenance $65.00 each Labor hourly rate charge $65.00 per hour G. Quarterly Medical Mt/Cabinet Refill Service Description Contractor Item Unit of Unit Price No. Measure 1 Qt Sharps Container FA1908-8702 Each $0.00 Bandage Triangle FA1309-4851 Each $2.50 Band-Aid 1-1/2 x 7/8 Fab 50/bx N/A Box $4.00 Band-Aid 1x3 sheer, 100/bx FA0201-201 Box $6.00 Band-Aid 5/8 x2 1/2 Fab, 50/bx N/A Box $8.00 Band-Aid Fingertip L, 25/bx N/A Box $6.00 Band-Aid Fingertip M, 40/bx FA0201-217 Box $6.00 Band-Aid Knuc}:le M, 40/bx FA0201-214 Box $6.00 Band-Aid 1x3 Fab, 100/bx FA0201-212 Box $8.00 Band-Aid 7/8x3 Fab, 100/bx N/A Box $5.00 Band-Aid Butterfly M, 25/bx FA0201-1209 50/Box $6.85 Blood Stopper FAAF-416 Each $6.00 Burn Gel, 5/bx FAAF-35015 Box $5.00 CPR Mask Micro-Shield FA0316-6618 Each $7.50 Description Contractor Item Unit of Unit Price No. Measure Cream Hydrocortisone, 25/bx FA1509-3515 Box $5.00 Ear Plugs (Quiet), 100/bx N/A Box $23.00 Eye Cups, 10/bx FA1309-4617 6/Box $3.00 Eye Wash 4 oz. FA1309-4615 Bottle $4.00 First Aid Book FA1309-4849 Each $1.50 Gauze Pad 3x3, 10/bx FAAF-414 Box $2.00 Gauze Pad 8x10 FA0701-2148 each $1.65 Gauze Roll 2" FA0701-2312 Roll $0.80 Gauze Splints N/A Each $2.75 Gloves Disposable S, 50/bx FAGL-5203 Box $13.00 Gloves Disposable M, 50/bx FAGL-5204 Box $13.00 Gloves Disposable L, 50/bx FAGL-5205 Box $13.00 Gloves Disposable, pair FA1309-4500 pair $0.50 •,rA' Hep-Aid Kit FA0612-9001 Kit $10.00 Ice Pack Large FA0315-4801 Each $2.00 Lotion Oak-n-Ivy FA1509-ARMR4 Each $4.50 Ointment 3 in 1, 25/bx FA1509-3511 Box $5.00 Patch L, 25/bx FAAF-468 Box $8.00 Rescue Blanket FAAF-4030 Each $5.00 Spray Antiseptic FAAF-614 Each $6.00 Spray Burn FAAF-611 Each $6.00 Swabs Insect Bite, 10/bx FAAF-315 Box $3.00 Tape 3 in 1 FA2001-1501 Each $4.00 Temperature Strips, 10/bx N/A Box $0.00 Wipes Alcohol, 50/bx FA2309-3519 Box $4.00 Wipes Wound, 50/bx FA2309-3524 Box $6.00 Q-Tips, 25/bx FA1309-4400 50/box $1.50 Goggles FAEY-71001 Each $4.00 Cotton Sterile N/A Each $0.00 Gauze Pad 4x4, 10/bx FA0701-2407 Box $2.00 Scissors FA1309-5904 Each $3.00 Tweezers FAAF-815 Each $1.50 Gauze Pad 2x2, 10/bx FA0701-2401 Box $1.00 Swabs Iodine, 10/bx N/A $2.95 Gauze Roll 9" FA0701-2314 Each $1.60 WORK SCHEDULE/DELIVERY: All inspections, tests, routine repair and preventative maintenance activities and stocking of Medical Cabinets shall be performed regular working hours unless specifically requested by the Contract Administration. Regular business hours are Monday through Friday 8:00am to 5:00pm. Contractor shall schedule all work in advance with Arnie Manzano at (503)639-4171 ext.2605.