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HomeMy WebLinkAboutParking System MNGMT w SimplextqCU /dire, & mplexGrinnell "'t1rity IN Safeguarding your occupants and property from fire City of Evanston Customer Fire Alarm Inspection Proposal 112I1O1 S11111111-1,111111 L I. III ugh, msenaI h" I u, 6 BF SAFF. Pricing Summary/Scope of Work City of Evanston Location: Sherman Plaza Parking 821 Davis Evanston, IL. 60201 Fire Alarm Detection Svstems (Test and Insoect + Parts (non-nerioheral, Quantity Frequency 8-5/M-F Simplex 41000 ( Fire Alarm Panel) 1 Annual N.A.C. Panel 3 Annual ( Notification Appliance Circuit remote power panel ) LCD Annunciator 1 Annual Smoke Detector ( Test/inspect) 74 Annual Smoke Detector ( Cleaning) 1 Annual Heat Detector 8 Annual Pull Station 28 Annual Elevator Test 2 Annual Audio/Visual Unit 30 Each Audible Visual Units 35 Annual ( Horns, Strobes, Speakers, etc. ) Visual Unit 20 Each Fire Fighters Phones ( Cabinet w/ phone) 20 Annual Door Holder 15 Each Valve Tamper Switch ( Additional) 35 Annual Waterflow Switch 15 Annual Total Annual Investment : (Plus Any Applicable Tax) $6,525.00 Pricing. The pricing set forth in this Agreement is based on the number of devices to be installed as set forth in the Scope of Work. If the actual number of devices installed is different than the number set forth in the Scope of Work, the price will be adjusted accordingly. 0007 I.P. An nFhs rettved P." ] M 6 Sherman Plaza Parking 821 Davis Evanston, IL. 60201, Solution 1 TEST AND INSPECTION OVERVIEW: Under this Special Provisions, SunpicX01 innell trained technicians will paform inspections and diagnostic tests for all accessible peripheral devices listed and currently connected to the facility life safety system. Tests will he scheduled in advance at the convenience of customer's staff (sec "List of Equipment" page for equipment to be tested). TESTING OF PERIPHERAL DEVICES FOR FIRE ALARM AND DETECTION SYSTEMS: Accessible peripheral devices shall be functionally tested in accordance with NFPA 72, chapter 10, and inanufacturer's recommended procedures. DETECTOR CLEANING FOR FIRE ALARM AND DETECTION SYSTEMS: To help minimize false alarms, and in accordance with NFPA, accessible smoke detection devices will be cleaned using manufacturer's recommended procedures at a rate of 100°/a annually. Devices may be dismantled to expose the stroke chamber (where applicable) and cleaned using soR cloth, lint blush, cotton swabs, suitable cleaning solution, or non—cicetrostatic vacuum. NOTE: Certain types of analog smoke sensors will be cleaned as needed per panel readings. DOCUMENTATION: All accessible components and devices shall be logged for: Exact location of each device tested, including system address or zone location Test results and applicahle voltage readings Any discrepancies found shall be noted individually and on a separate summary page lnspccuon documentation shall be piovidcd to customer's designated personnel and topics shall be archived by SunpicxOrnncll. NOTE: Certain additional services may be required by the respective Authorities Having Jurisdiction (or AH.I). NFPA: Local AHJs or internal organizational requirements may be more restrictive than state requirements. The building owner or manager should make them self aware of applicable codes and references in order to ensure that contracted services are in compliance with (and fulfill) all requirements. EMERGENCY SERVICE CALL AND LABOR: For Listed Electronic Systems, Standard Service (P)ovided during normal working hom s, Mon -- Fri, 8:00 a.m. — 5:00 p.m., excluding holidays). This provision includes labor, travel, and mileage charges for repairs associated with normal equipment failures. Emergency service will be provided within 24 hours of notification Monday through Friday, 8:00 a.n). to 5:00 p nu- excluding SuaplexGrinneli holidays, unless outlined as a special provisiou to the contract. This provision covers labor to troubleshoot and diagnose system ptoblenns, and the labor to replace failed devices. NOTE: With Standard Emergency Service, customer is invoiced at standard (normal working hrs) labor rate for billable after hours service calls. PARTS AND COMPONENT REPLACEMENT: PANEL COMPONENT REPLACEMENT FOR LISTED ELECTRONIC SYSTEMS: Additionally, these Special Provisions cover maintenance and component repiaeontenton the central processing unit, to include reprogramming of system due to failure, replacement of circuit boards, and all components in the control panels, annunciator panels, transponders, printers, keyboards and nnonrtors associaled with system. Replacement of faulty wiring is not covered. (See Terms and Conditions.) 13ATTERY REPLACEMFNT INCLUDED r 110r17 Snndl LP All i ighb rc>ci ved P.ige 3 nl 1 tLjCOiri:e& jSimplexGrinnell : Srconly; i1"HO MTM-IMllI IlIi 1 his agreement is made by and between City of Evanston ("Customer') and SimpiexGrinnell LP ("Company") and is effective as of 03/18/2008 to 03/17/2013. Customer agrees to purchase and Company agrees to provide the Services, as defined herein, and materials as set forth in this Agreement subject to the terms and conditions of this Agreement SCOPE OF WORK Services will be provided at the following locations Sherman Plaza Parking 821 Davis Evanston, If. 60201 Servrce(s) and pricing TOTAL ANNUAL PRICE (Plus Any Applicable Tax) Six Thousand five Hundred Twenty —rive Dollars and 0 Cents ($6,525.00). Payment Terms: Payment is due upon receipt of invoice Payment for Service(s) shall be total contract CUSTOMER ACCEPTANCE In accepting this proposal, Customer agrees to the terms and conditions contained herein and any attachments or riders attached hereto that contain additional terms and conditions It is understood that these terms and conditions shall prevail over any variation in terms and conditions on any purchase order or other document that the Customer may issue. Any changes in the system requested by the Customer after the execution of this Agreement shall be paid for by the Customer and such changes shall be authorized in writing. ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY, WARRANTY, INDEMNITY AND OTHER CONDITIONS CONTAINED IN THIS AGREEMENT. CUSTOMER City of Evanston Sherman Plaza Evanston, IL 60201 By Print Name: Customer Title Phone#:(847)491-9061 Fax#: Customer email PO#: (Customer)# Date . Terms and Conditions 1. Term. The initial term of this Agreement shall commence on the Effective Date and continue for five (5) years (the "Initial Ter ni") At the conclusion of the Initial Term, this Agreement shall automatically extend for successive terms equal to the Initial Term unless either party gives written notice to the other party at least thirty (30) days prior to the and of the then -current term. 2. Payment. Payments shall be invoiced and due in accordance with the terms and conditions set forth above Work performed on a time and material basis shall be at the then -prevailing Company rate for material, labor, and related items, in effect at the time supplied under this Agreement 3. Pricing. The pricing set forth in this Agreement is based on the number of devices to be installed and services to be performed as set forth in the Scope of Work. if the actual number of devices installed or services to be performed is greater than that set forth in the Scope of Work, the price will be SIMPLEXGRINNELL LP 91 N. Mitchell Court Addison, IL 60101 By: Print Name: Jamie Egnahos-Beene Title: PSR Phone Number Fax Number: E-Mail Address: Jegnatios@tycoint.com License Number (if applicable): Date : Authorized Manager : increased accordingly. Company may increase prices upon notice to the Customer or annually to inflect increases in material and labor costs Customer agrees to pay all taxes, permits, and other charges, including but not limited to state and local sales and excise taxes, installation or alarm permits, false alarm assessments, or any charges imposed by any government body, however designated, levied or based on the service charges pursuant to this Agreement. The Customer's failure to make payment when due is a material breach of this Agreement. 4, Alarm Monitoring Services. Any reference to alarm monitoring services in this Agreement is included for pricing purposes only Alarm monitoring services are performed pursuant to the terms and conditions of Company's standard alarm monitoring services agreement. 5. Code Compliance. Company does not undertake an obligation to Inspect for compliance with laws or regulations unless specifically stated in the Scope of Work. Customer acknowledges that the Authority Having Jurisdiction (e.g Fire Marshal) may establish additional requirements for compliance with local codes Any additional services or equipment required will be provided at an additional cost to Customer. 6. Limitation Of Liability; Limitations Of Remedy. It is understood and agreed by the Customer that Company is not an insurer and that insurance coverage, if any, shall be obtained by the Customer and that amounts payable to company hereunder are based upon the value of the services and the scope of liability set forth in this Agreement and are unrelated to the value of the Customer's property and the property of others located on the premises. 1{2007 Simpke(Jdnndl LP All Tarr, i cn,vnl S04269R6(itcv ml07) 3117701007 Page 4,,16 tgva j r.,r R 1 5impfexGrinnell svwrnl , Customer agrees to look exclusively to the Customer's insurer to recover for injuries or damage in the event of any loss or injury and that Customer releases and waives all right of recovery against Company arising by way of subrogation. Company makes no guaranty or Warranty, including any implied warranty of merchantability or fitness for a particular purpose that equipment or services supplied by Company will detect or avert occurrences or the consequences therefrom that the equipment or service was designed to detect or avert. It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of Company to perform any of its obligations under this Agreement. Accordingly, Customer agrees that, Company shall be exempt from liability for any loss, damage or injury arising directly or indirectly from occurrences, or the consequences therefrom, which the equipment or service was designed to detect or avert. Should Company be found liable for any loss, damage or injury arising from a failure of the equipment or service in any respect, Company's liability shall be limited to an amount equal to the Agreement price (as increased by the price for any additional work) or where the time and material payment term is selected, Customer's time and material payments to Company. Where this Agreement covers multiple sites, liability shall be limited to the amount of the payments allocable to the site where the incident occurred Such sum shall be complete and exclusive. If Customer desires Company to assume greater liability, the parties shall amend this Agreement by attaching a rider setting forth the amount of additional liability and the additional amount payable by the Customer for the assumption by Company of such greater liability, provided however that such rider shall in no way be interpreted to hold Company as an insurer. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE COVERED SYSTEM(S) OR ANY OF ITS COMPONENT PARTS BY THE CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF THE USE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The limitations of liability set forth in this Agreement shall inure to the benefit of all parents, subsidiaries and affiliates of company, whether direct or indirect, company's employees, agents, officers and directors. 7. General Provisions. Customer has selected the service level desired after considering and balancing various levels of protection afforded, and their related costs. Customer acknowledges and agrees that by this Agreement, Company, unless specifically stated, does not undertake any obligation to maintain or render Customer's system or equipment as Year 2000 compliant, which shall mean, capable of correctly handling the processing of calendar dates before or after December 31, 1999 . All work to be performed by Company will be performed during normal working hours of normal working days (8:00 a.m - 5.00 p.m., Monday through Friday, excluding Company holidays), as defined by Company, unless additional SERVICE AGREEMENT (continued) times are specifically described in this Agreement All work performed unscheduled unless otherwise specified in INS Agreement. Appointments scheduled for four-hour window Additional charges may apply for special scheduling requests, e g working around equipment shutdowns, after hours work. Company will perform the services described in the Scope of Work section ("Services") for one or more system(s) or equipment as described in the Scope of Work section or the listed attachments ("Covered Systems)"). UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, ANY INSPECTION (AND, IF SPECIFIED, TESTING) PROVIDED UNDER THIS AGREEMENT DOES NOT INCLUDE ANY MAINTENANCE, REPAIRS, ALTERATIONS, REPLACEMENT OF PARTS, OR ANY FIELD ADJUSTMENTS WHATSOEVER, NOR DOES IT INCLUDE THE CORRECTION OF ANY DEFICIENCIES IDENTIFIED BY COMPANY TO CUSTOMER. COMPANY SHALL NOT BE RESPONSIBLE FOR EQUIPMENT FAILURE OCCURRING WHILE COMPANY IS IN THE PROCESS OF FOLLOWING ITS INSPEC11ON TECHNIQUES, WHERE THE FAILURE ALSO RESULTS FROM THE AGE OR OBSOLESCENCE OF THE ITEM OR DUE TO NORMAL WEAR AND TEAR. THIS AGREEMENT DOES NOT COVER SYSTEMS, EQUIPMENT, COMPONENTS OR PARTS THAT ARE BELOW GRADE, BEHIND WALLS OR OTHER OBSTRUCTIONS OR EXTERIOR TO THE BUILDING, ELECTRICAL WIRING, AND PIPING. 8. Customer Responsibilities. Customer shall promptly notify Company of any malfunction in the Covered Systems) which comes to Customer's attention. This Agreement assumes any existing systems) are in operational and maintainable condition as of the Agreement date. If, upon initial inspection, Company determines that repairs are recommended, repair charges will be submitted for approval by Customer's on -site representative prior to work, Should such repair work be declined, Company shall be relieved from any and all liability arising therefrom. Customer further agrees to: Provide Company clear access to Covered Systems) to be serviced including, if applicable, lift trucks or other equipment needed to reach inaccessible equipment, Supply suitable electrical service, heat, heat tracing adequate water supply, and required system schematics and/or drawings: Notify all required persons, including but not limited to authorities having jurisdiction, employees, and monitoring services, of scheduled testing and/or repair of systems, Provide a safe work environment; In the event of an emergency or Covered System(s) failure, take reasonable precautions to protect against personal injury, death, and/or property damage and continue such measures until the Covered Systems) are operational; and Comply with all laws, codes, and regulations pertaining to the equipment and/or services provided under this agreement. 9. Repair Services (if Selected by Customer). Where Customer expressly includes repair, replacement, and emergency response services in the Scope of Work section of this Agreement, such services apply only to the components or equipment of the Covered System(s). Customer agrees to promptly request repair services in the event the System becomes inoperable or otherwise requires repair, The Agreement price does not include repairs to the Covered Systems) recommended by Company during the initial inspection, for which Company will submit independent pricing to customer and as to which Company will not proceed until Customer authorizes such work and approves the pricing, Repair or replacement of non -maintainable parts of the Covered Systems) including, but not limited to, unit cabinets, insulating material, electrical wiring, structural supports, and all other non-moving parts, is not included under this Agreement. 10. System Equipment. The purchase of equipment or peripheral devices. (including but not limited to smoke detectors, passive infrared detectors, card readers, sprinkler system components, extinguishers and hoses) from Company shall be subject to the terms and conditions of this Agreement if, in Company's sole judgment, any peripheral device or other system equipment, which is attached to the Covered System(s), whether provided by Company or a third party, interferes with the proper operation of the Covered System(s), Customer shall remove or replace such device or equipment promptly upon nonce from Company. Failure of Customer to remove or replace the device shall constitute a material breach of tins Agreement If Customer adds any thud party device or equipment to the Covered System(s), Company shall not be responsible for any damage to or failure of the Covered Systems) caused in whole or in part by such device or equipment 11. Reports. Where inspection and/or test services ate selected. such inspection and/or test shall be completed on Company's then current Report form, which shall be given to Customer, and, where applicable, Company may submit a copy thereof to the local authority having jurisdiction The Report and recommendations by Company are only advisory in nature and are intended to assist Customer in reducing the risk of loss to property by indicating obvious defects or impairments noted to the system and equipment inspected and/or tested They are not intended to imply that no other defects or hazards exist or that all aspects of the Covered System(s), equipment, and components are under control at the time of inspection Final responsibility for the condition and operation of the Covered Systems) and equipment and components lies with Customer. 12. Confined Space. If access to confined space by Company is required for the performance of Services, Services shall be scheduled and performed in accordance with Company's then -current hourly rate 13. Hazardous Materials. Customer represents that, except to the extent that Company has been given written notice of the following hazards prior to the execution of this Agreement, to the best of Customer's knowledge there is no "Permit confined space,as defined by OSHA, Risk of infectious disease. Need for air monitoring, respiratory protection, or other medical risk, Asbestos, asbestos -containing material, formaldehyde or other potentially toxic or otherwise hazardous material contained in or on the surface of the Floors, walls, ceilings, insulation or other structural components of the area of any building where work is required to be performed under this Agreement. All of the above are hereinafter referred to as "Hazardous Conditions" Company shall have the right to rely on the representations listed above, 13an7 S...... 0umell LP, All ughl, re:creed So44e910tkm 01,01) 11177e1aln Pogo Sor4 tgcaI"& l$iniplexGrinnell i sv wqI If hazardous conditions are encountered by Company during the course of Company's work, the discovery of such materials shall constitute an event beyond Company's control and Company shall have no obligation to further perform in the area where the hazardous conditions exist until the area has been made safe by Customer as certified in writing by an Independent testing agency, and Customer shall pay disruption expenses and re -mobilization expenses as determined by Company. This Agreement does not provide for the cost of capture, containment or disposal of any hazardous waste materials, or hazardous materials, encountered in any Of the Covered System(s) and/or during performance of the Services. Said materials shall at all times remain the responsibility and property of Customer. Company shall not be responsible for the testing, removal or disposal of such hazardous materials. 14, Limited Warranty. COMPANY WARRANTS THAT ITS WORKMANSHIP AND MATERIAL FURNISHED UNDER THIS AGREEMENT WILL BE FREE FROM DEFECTS FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF FURNISHING, Where Company provides product or equipment of others, Company will warrant the product or equipment only to the extent warranted by such third party. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPORTED HEREUNDER. COMPANY MAKES NO WARRANTY OR REPRESENTATION, AND UNDERTAKES NO OBLIGATION TO ENSURE BY THE SERVICES PERFORMED UNDER THIS AGREEMENT, THAT COMPANY'S PRODUCTS OR THE SYSTEMS OR EQUIPMENT OF THE CUSTOMER WILL CORRECTLY HANDLE THE PROCESSING OF CALENDAR DATES BEFORE OR AFTER DECEMBER 31, 1999. 15. Indemnity. Customer agrees to Indemnify, hold harmless and defend Company against any and all losses. damages, costs, Including expert fees and costs. and expenses including reasonable defense costs, arising from any and all third party claims for personal injury, death, property damage or economic loss, including specifically any damages resulting from the exposure of workers t SERVICE AGREEMENT (continued) o as not paid. 4) proceed at law or equity to enforce performance by Customer or recover damages for breach or this Agreement, and 5) recover all costs and expenses, including without limitation easonable attorneys' fees, in connection with enforcing or attempting to enforce this Agreement. 22. No Option to Solicit. Customer shall not, diractly or indirectly, on its own behalf or on behalf of any other person, business, corporation or entity, solicit or employ any Company employee, or induce any Company employee to leave his or her employment with Company, for a period of two years after the termination of this Agreement 23, One -Year Limitation On Actions; Choice Of Law. It is agreed that no suit, or cause of action or other proceeding shall be brought against either party more than one (1) year after the accrual of the cause of action or one (1) year after the claim arises, whichever is shorter, whether known or unknown when the claim arises or whether based on ton, contract, or any other legal theory The laws of Massachusetts shall govern the validity. enforceability, and interpretation of this Agreement. 24, Assignment. Customer may not assign this Agreement without Company's prior written consent. Company may assign this Agreement without obtaining Customer's consent. 25. Entire Agreement. The parties intend this Agreement, together with any attachments or Riders (collectively the "Agreement) to be the final, complete and exclusive expression of their Agreement and the terms and conditions thereof. This Agreement supersedes all prior representations. understandings or agreements between the parties, written or oral, and shall constitute the sole terms and conditions of sale for all equipment and services No waiver, change, or modification of any terms or conditions of this Agreement snail be binding on Company unless made in writing and signed by an Authorized Representative of Company 26. Severability. IT any provision of this Agreement is held by any court or other competent authority to be void or unenforceable In whole or in part, this Agreement will continue to be valid as to the other provisions and the remainder of the affected provision. 27. Legal Fees. Company shall be entitled to recover from the Customer all reasonable legal fees Incurred in connection with Company enforcing the terms and conditions of this Agreement. 28. License Information (Security System Customers) AL Alabama Electronic Security Board of Licensure 7956 Vaughn Road, PMB 392, Montgomery, Alabama 36116 (334) 264-9388 AR Regulated by: Arkansas Board of Private Investigators and Private Security Agencies, a1 State Police Plaza Drive, Little Rock 72209 (501)618-8600: CA Alarm company operators are licensed and regulated by the Bureau of Security and Investigative Services. Department of Consumer Affairs, Sacramento, CA, 95814. Upon completion of the installation of the alarm system, the alarm company shall thoroughly instruct the purchaser in the proper use of the alarm system. Failure by the licensee, without legal oxcuse, to substantially commence work within 20 days from the approximate date specified in the agreement when the work will begin is a violation of the Alarm Company Act. NY Licensed by the N.Y.S. Department of the State: TX Texas Commission on Private Security, 5805 N. Lamar Blvd , Austin, TX 78752-4422,512-424-7710 a,200 Smy,lev0uondl LP AlLghb reuaval SG42691o(Rm, 01A)o 1117701007 Page6,16