Loading...
HomeMy WebLinkAboutRes 05-07 Approving an Agreement with TD IndustriesTOWN OF WESTLAKE RESOLUTION NO. 05-07 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A TWELVE-MONTH AGREEMENT WITH TD INDUSTRIES, RELATING TO ANNUAL INSPECTION OF THE TOWN'S SPRINKLER SYSTEM AND FIRE EXTINGUISHERS IN ORDER TO ENSURE THAT ALL FIRE SYSTEMS ARE IN WORKING ORDER; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, it is in the public interest to provide for testing and inspection of the sprinklers and fire extinguishers in the Town's Municipal Complex in order to ensure that all alarm and fire detection equipment is in good working order; and WHEREAS, an agreement, attached hereto as Exhibit "A", has been negotiated with TD Industries to provide for testing and inspection services to the Westlake Academy and the Town of Westlake; and WHEREAS, the Mayor and the Board of Aldermen of the Town of Westlake, Texas, as well as the Town Staff, are committed to providing a safe climate for students and employees; and WHEREAS, the annual twelve-month cost of the agreement, $1,344.00, is included in the 2004 and 2005 budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: The above findings are hereby found to be true and correct and are incorporated herein in the entirety. SECTION 2: The Board of Aldermen of the Town of Westlake, Texas, hereby approves the Agreement with TD Industries attached hereto as Exhibit "A"; and further authorizes the Town Manager to execute this agreement on behalf of the Town of Westlake, Texas. PASSED AND APPROVED this 281' day of February 2005. ATTEST: GL4'�t- Pan Dwinnell, Town Secretary APPROVED AS TO FORM: ] . Stanton T Attorney Or Scott Brad ey, Mayor Trent O. Petty, Toy anager Mindusbies Ur;4 ACR -2090 n BILLING INFORMATION Date. December 22, 2004 Company: City Of Westlake Contact: Troy Meyer Phone Director Rec. & Facilities 817-490- Address: 2650 JT Ottinger Road Fax 817- 430-1812 City: Westlake state: Texas Zip 76262 :;., -,. _. wnr�er intFnaxiuerinfl ,- Company: City of Westlake Contact: Phone J Troy Meyer Same as A h—, Address: 2650 Ottinger Road Mapsco city: Westlake State: Texas Zip 76262 JULS UtZ5UKIFIIUIV (A Short Description of the Job) 1-9001 Annual Fire Alarm Test and Inspection per NFPA Standards. ($ 644,00) Annual Sprinkler inspection ($ 600.00) Annual Fire Extinguisher Inspections. ($100.00) Total ($1,344.00) Plus applicable tax. (SEE ATTACHED EXHIBIT "A" FOR PROJECT DETAILS) _ . QUOTATION Total price of: $ 1,344.00 Per Year plus applicable taxes. This price is subject to review after 30 days from the above date. Duration of One (1) years rhe Customer or TDI may terminate this Agreement at any time. By giving thirty (34) days written notice to the other pastry r,r _._ _ — — . __.. PAYMENTTERMS _ (Subject to credit approval) Net due upon recelpt of invoice U Progress Billing u Other LiMITED`WARRANTY . (1) EQUIPMENT, GOODS, MATERIAL: Equipment, goods, and material installed by TDlndustries are the products of reputable manufacturers. TDlndustries shall use its best efforts to obtain from each manufacturer, in accordance with the manufacturer's warranty (copies of which will be furnished upon request) or customary practice, the repair or replacement of equipment, goods, or material that they prove defective in material or workmanship. The foregoing shall constitute the exclusive remedy of the customer and sole obligation of TDlndustries. THERE ARE NO WARRANTIES, EITHER WRITTEN, OR ORAL, IMPLIED OR STATUTORY RELATING TO THE DESCRIBED EQUIPMENT, GOODS, OR MATERIAL, WHICH EXTEND BEYOND THAT DESCRIBED IN THIS PARAGRAPH. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. (2) This proposal, SUBJECT TO THE TERMS AND CONDITIONS SHOWN ON THE REVERSE SIDE AND MADE A PART HEREOF, is submitted for customer's consideration with the understanding that TDlndustries must approve it after its acceptance by the customer and is not binding upon TDlndustries until so approved in writing, and delivered to customer. When so approved, it shall constitute the entire contract between parties, and no understanding or obligations not herein expressly set forth are binding upon It Your acceptance of this proposal is expressly limited to the terms of this document. Any additional or different terms or conditions set forth in your purchase order or in any similar such communication are hereby objected to by TDlndustries and shall not be binding nor effective unless assented to in writing by an authorized representative of TDlndustries. Any order or any statement of intent to proceed with installation or any direction to proceed with installation or acceptance of this proposal or payment in full or part for any of the work or equipment fumished shall constitute customer's assent to the terms and conditions of this proposal. THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN, INCLUDING THOSE SET FORTH ON THE BACK OF THIS PROPOSAL AND THOSE CONTAINED IN ANY ATTACHMENT HERETO. All work will be performed during; normal business hours Monday thru Friday 8:00 a.m. to 5:00 p.m, ACCDCf rr:11t'1 V Ci.1CtIkAiTTFn-RVTnimnilc7"RIFC 8y: Bili Polischeck Direct Dial #: 972-888-9657 Date: 12-22-04 Account Manager Cell Phone # 972-743-3132 Fax #: 972-888-9621 P.O,#: Customer Name: Trent O. Petty Accepted -By:.. Date: Town Manager P.O. Box 819060 *•Dallas, TX 75181. Dallas (972)888-9500* FAX (972)8f8-9482 ` FIL worth (817)589-0112 STANDARD TERMS AND CONDITIONS (1) THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO 1--'r7REIN, INCLUDING THOSE SET FORTH ON THE REVERSE SIDE AND THOSE CONTAINED IN ANY ATTACHMENTS HERETO. (2) TDlndustries liability on any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with the supplying of any labor, equipment, goods or material hereunder, or their sale, resale, operation or use, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price allowable to such labor, equipment, goods or material, or part thereof involved in the claim. TDlndustries shall not, under any circumstances, be liable for any labor charges without the prior written consent of TDlndustries. TDlndustries shall not, in any event, be liable, whether as a result of breach of contract, warranty, tort (including negligence), or other grounds, for special, consequential, incidental or punitive damages, including, but not limited to, loss of profits, revenues, loss of the product or any associated product, cost of capital, cost of substitute products, facilities or services, downtime costs or claims of the Customer for such damages. If TDlndustries furnishes Customer with advice or other assistance which concerns any labor, equipment, goods, or material furnished hereunder, or any system or equipment in which of such equipment, goods or material may be installed, and which is not pursuant to this contract, the furnishing of such advice or assistance will not subject any service to any liability, whether based on contract, warranty, tort (including negligence) or other grounds. (3) If TDlndustries encounters asbestos or polychlorinated biphenyl (PCB) on the site, TDlndustries shall immediately stop work and report the condition to the owner or owner's representative in writing. TDlndustries shall not resume work in the affected area until the asbestos or polychlorinated biphenyl (PCB) has been removed or rendered harmless. TDlndustries shall not be required to perform any work relating to asbestos or polychlorinated biphenyl (PCB) without its consent. To the best of the CUSTOMER'S knowledge there is no; ";permit confined space" as defined by OSHA; risk of infectious disease; need for air monitoring or respiratory protection. (4) All work to be performed by TDlndustries will be performed during normal working hours (8:00am to 5:00 pm local time) of normal working days (Monday through Friday, excluding holidays), unless additional times are specifically described in a special provision to this Agreement. (5) TDlndustries shall not be responsible for failure to render services due to causes beyond its control including by not limited to work stoppages, fires, civil disobedience, riots, acts of God, or any other cause beyond the control of TDlndustries. (6) In the event Customer requires TDlndustries to delay service or completion of the work under this proposal, payment pursuant to this proposal shall not be withheld or delayed on such account. TDlndustries shall have the right to deliver any portion of the equipment, goods, material, or service to be furnished hereunder and to bill Customer therefore, and Customer agrees to pay for the same in accordance '*h terms of the payment hereof upon notification that such shipment is ready for delivery, notwithstanding the fact that Customer may be ble to receive or provide suitable storage space for any such partial delivery. In such event, TDlndustries may store such portion of the equipment, goods or material ready for shipment at Customer's risk and expense. (7) The amount of any past, present or future occupation, sales, use, service, excise or other similar tax which TDlndustries shall be liable for, either on its own behalf or on behalf of Customer, or otherwise, with respect to any equipment, goods, material or service covered by this proposal, shall be in addition to the prices set forth herein and shall be paid by Customer. (8) The Customer agrees to; provide access to the covered systems to be serviced; provide ladders, lifts, and any other equipment necessary for TDlndustries to access the covered systems to be serviced; supply suitable electrical service; provide a safe work environment; to make payments as provided in this agreement (9) When installation of the equipment, goods or material herein is required specifically as a part of this order, such installation work shall be performed only during usual working hours unless otherwise stated herein. (10) All skilled or common labor, which may be furnished by the Customer, shall be considered and treated as Customer's own employees, and Customer agrees to fully protect and indemnify TDlndustries against all claims for accidents, all loses, damages, or injuries to such employees in the course of the work, or to any person or persons through the negligence of such employees. (11) This Agreement will begin on the Agreement Date indicated on the front page and continue for an initial term on one (1) year, and continue thereafter from year to year unless terminated. The Customer or TDlndustries may terminate this Agreement at anytime by giving thirty (30) days written notice to the other party. (12) Customer agrees to pay TDlndustries (Contractor) all the sums due under this proposal in accordance with the terms specified. Debtor hereby grants a security interest to Secured Party in all equipment, goods and material described on the reverse side of this proposal as security for the indebtedness created hereunder and any other indebtedness due Secured Party by Debtor. On default of any payment by Debtor to Secured Party, and at Secured Party's option the entire balance shall become immediately due and payable and Secured Party shall have the right to foreclose and resell the said equipment, goods and material in accordance with the Provisions of the Texas Business and Commerce Code (Uniform Commercial Code) at public or private sale. EXHIBIT "A" SCOPE OF WORK: 1-100% Annual Fire Alarm Test & Inspection Annual Sprinkler and Fire Extinguisher Inspections Test and Inspection, All Inspections per NFPA Standards Contract Period To be determined Life Safety Service Agreement • 1 —100% Annual System test and inspection per NFPA 72, standards. ■ Annual Sprinkler and Fire Extinguisher Test and Inspection Complete Documentation and Recommendations of the test and inspection X. Test and Inspection Services: Under this agreement, TDIndustries will perform (1-100% Annual Inspection) and functional test of fire alarm control panel functions, auxiliary/monitoring functions, and all accessible peripheral devices listed and on-line with the rife Safety system. Tests will be scheduled in advance, at the convenience of customer's staff. TDIndustries will need the assistance from the customer's staff for access to all areas of the facility to be tested. IF EQUIPMENT OR DEVICES ARE OUT OF REASONABLE REACH THE CUSTOMER WILL NEED TO PROVIDE SAFE ACCESS (LIFTS OR LADDERS). IF REQUESTED IN ADVANCE TDIndustries CAN PROVIDE THIS EQUIPMENT AT AN ADDITIONAL COST. Functional Testing: In accordance with NFPA72 all accessible devices will be functionally tested. Smoke detectors will be functionally tested using method acceptable to the manufacturer, (aerosol smoke or a magnetic test) Detector Cleaning: To help minimize false alarms, smoke detectors will be cleaned as needed. Smoke detectors exempt from sensitivity testing will be cleaned as needed at the time of the 100% inspection. The need of cleaning will be determined by the TDIndustries technician by one of two methods; either a visual inspection or by readings from the fire alarm control panel indicating the smoke camber is dirty. 2. Documentation: All accessible devices will be logged for; • Location • Test results, load readings, or voltages • Discrepancies noted, recommendations, and any correction made on site Documentation will be provided to the customer in hard copy and via email (if requested) and kept on file at TDIndustries for a period of five years. 3. Certain services may be required by the respective Authority Having Jurisdiction (AHJ) (ref. NFPA 72). It is recommended that the customer review applicable codes and references to ensure compliance. 4. Emergency Service: This agreement does not provide for emergency service calls. 5. Services Not Included in this Agreement: • Replacement panel parts, annunciators and devices • Batteries 6. Other Services offered but not included in this agreement Included; • Automatic Sprinkler Systems is included in this agreement. o Annual complete test of listed sprinkler system per NFPA o Annual waterflow switch test o Annual manual test only (no water flowed) • NIA Security Systems — Annual test of listed security system equipment and functions o Including emergency service o Including panel parts replacement o Including peripheral replacement • NIA Emergency Lighting — Annual test of listed emergency egress lighting o Includes battery replacement if required o Includes bulb replacement if required 7. Other Instructions: TDIndustries will provide two (2) technicians to complete the inspection.. Estimated Equipment List: 01 Simplex 4100 U Fire Alarm Panel 41 Manual Pulls 01 Annunciator Panel 01 Dialer 46 Output/input 05 Auxiliary Power Supply 21 Photo Smoke Detectors 14 Duct Detectors 03 Heat Detectors 06 Water flow and tamper Switches 56 Horns 20 Extinguishers 03 Wet Sprinkler System ** All service calls for Fire Alarm, CCTV and Security are billed at a rate of $70.00 an Hour and any replacement parts at a cost plus 35% mark-up. Trip charges are $ 35.00. These charges are for Normal working hours Monday Thru Friday 8:00 a.m. to 5:00 p.m. Weekends and Holidays are excluded.