ATTACHMENT 1 CHANGE ORDER 3 VENDOR CONTRACT 0000000519

TRANSLATION ATTACHMENT 1 DETAILS OF MANAGEMENT AND
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CITY OF SEATTLE

Attachment #1, Change Order #3

Vendor Contract # 0000000519

01/01/02 through 12/30/06

WESTERN FIRE & SAFETY Inc

2446 N. W. Market St.

Seattle, WA 98107

Phone (206)782-7825

Fax (206)783-5748

____________________________________________________________________________________

CITY OF SEATTLE

FIRE EXTINGUISHER INSPECTION, TESTING, MAINTENANCE,

SERVICE AND REPAIR

SECTION I - GENERAL

This Contract establishes an annual vendor contract for fire extinguisher INSPECTION, TESTING, MAINTENANCE SERVICE AND REPAIR to be used citywide by departments of the City of Seattle. Services to include: hydrostatic testing of pressurized water, dry chemical and carbon dioxide fire extinguishers, plus recharging of exhausted extinguishers and miscellaneous repairs and updates as required and replacement of all Halon fire extinguishers with ABC multipurpose fire extinguishers. In addition, for the Skagit Facilities only: Service, Repair, Inspection, and Annual Maintenance of Fixed CO2, Halon High and Low Pressure Installation in Skagit Facilities.

NOTICE TO CITY OF SEATTLE DEPARTMENT REPRESENTATIVES AND VENDOR: Seattle Center is the only City Department approved to utilize this contract to date. For specific instructions in contracting for Fire Extinguisher Service, contact the Buyer, Rocky Brannan at 684-0222.

It is the City of Seattle’s requirement per this specification that the successful vendor locate and report each fire extinguisher serviced by address, floor, or vehicle number and serial number.

SECTION II - SCOPE OF WORK

Provide maintenance and repair services of fire extinguishers for one (1) year, five (5) year, six (6) year and twelve (12) year maintenance cycles in accordance with Seattle Fire Department and National Fire Protection Association Standards for portable fire extinguishers. Any repairs or replacement of defective parts will be charged based on parts and labor rates. Services to include; hydrostatic testing of pressurized water, dry chemical and carbon dioxide fire extinguishers; recharging of exhausted extinguishers and miscellaneous repairs and updates as required and replacement of all Halon fire extinguishers with ABC multipurpose fire extinguishers. In addition, for the Skagit Facilities only: Service, Repair, Inspection, and Annual Maintenance of Fixed CO2, Halon High and Low Pressure Installation in Skagit Facilities. The Scope of Work would include inspections and recertification of fixed High and Low Co2 Systems, emergency repair and upgrades as required to keep the CO2 Suppression System in good working condition and current certification. Documentation will be provided to facilities of specifics of CO2 Fire Suppression Systems, operation, equipment, function, Serial Numbers, and facility responsibility for checking equipment.

All inspection, testing and service shall be done in accordance with THE SEATTLE FIRE CODE, SEATTLE FIRE DEPARTMENT ADMINISTRATIVE RULES, AND THE NATIONAL FIRE PROTECTION ASSOCIATION 10 – STANDARD FOR PORTABLE FIRE EXTINGUISHERS IN EFFECT, AND AS REVISED, AT THE TIME SUCH INSPECTION, TESTING OR SERVICE IS PERFORMED.

Perform emergency call service to replace and/or reinstall vandalized, damaged or new fire extinguisher as required.

Service to fire extinguishers in any City of Seattle owned motorized conveyance (i.e., automobile, truck, tractor, etc.) shall be scheduled with a representative of the City Department holding responsibility for its operation and maintenance. Service call slips shall be provided by vendor during each service call. Service requests may be cyclic or requested on an as-needed basis.

SECTION III - GENERAL INSTRUCTIONS

Communications with the City: The City’s Buyer representative for this contract is identified below by name and telephone number and may also be contacted with respect to questions regarding this contract:

Rocky Brannon

Seattle Purchasing Services Section

700 Third Avenue, #910

Seattle, WA 98104

TEL: (206) 684-0444

FAX: (206) 233-5155

Proprietary and Confidential Information: Contractor should be aware that the City is required by law to make its records available for public inspection, with certain exceptions (see RCW Chapter 42.17). City staff believe that this legal obligation would not require the disclosure of proprietary descriptive information that contains valuable designs, drawings or formulas. The Contractor, by submission of materials marked proprietary and confidential, nevertheless acknowledges and agrees that the City will have no obligation or any liability to the Contractor in the event that the City must disclose these materials.

Non-Discrimination: The Contractor shall not create barriers to open and fair opportunities for WMBEs to participate in all City contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person.

Record Keeping: Contractor, shall maintain for at least twelve (12) months after the expiration or earlier termination of the Purchase Order/Vendor Contract, relevant records and information necessary to document the Contractor’s utilization of WMBEs and other businesses as subcontractors and suppliers in such contract and in its overall public and private business activities. The Contractor shall also maintain all written quotes, bids, estimates, or proposals submitted to the Contractor by all businesses seeking to participate as subcontractors or suppliers in the contract. The City shall have the right to inspect and copy such records. If the Purchase Order/Vendor Contract involves federal funds, the Contractor shall comply with all record-keeping requirements set forth in every applicable federal rule, regulation and statute referenced in the contract documents.

3.5 Sanctions for Violation: Any violation of the mandatory requirements of Sections IV & V of this provision shall be a material breach of contract for which the Contractor may be subject to sanctions provided for by applicable law.

3.6 Contract Bond In lieu of a contract bond and in agreement by and between the the Contractor and the City of Seattle, Contractor has provided a Promissory Note in the amount of $10,000.00. There being insufficient information to allow a monetary value on the contract, it is agreed that the Promissory Note shall take the place of the required Contract Bond.

3.7 Insurance: Approved Insurance is on file with the City of Seattle Risk Manager. The continuation of this Contract is contingent upon maintenance of insurance as indicated and in accordance with the City of Seattle “Insurance Requirements”, in receipt.

SECTION IV – REPORTING REQUIREMENTS

The Contractor is required to locate, identify and report any fire extinguisher which is serviced subsequent to issuance of a contract. Reports will be submitted to the City of Seattle on a quarterly basis. Reporting shall include location, serial number and type of extinguisher, per the sample report contained in Attachment #2. Failure to perform this specific aspect of the contract shall be grounds for a determination of failure to perform and shall result in cancellation of the contract.

The Contractor will provide service call slips to a designated City representative at the time of a service call.

INVOICING: Service slips must accompany all invoices. Invoices without service slips will not be honored by the City of Seattle.

SECTION V – PERFORMANCE AND TERMINATION

Satisfactory performance during the course of any contract issued as a result of this Request for Quotation shall be measured through City of Seattle Department Representatives. Attachment #9 is the City of Seattle’s Vendor Performance Survey. The Vendor Performance Survey shall become a permanent part of the contract file when submitted by the Department Representative.

The City of Seattle recognizes that FAILURE OF THE BIDDER TO PROPERLY INSPECT, TEST OR SERVICE FIRE EXTINGUISHERS IN CITY OF SEATTLE FACILITIES IS HAZARDOUS TO FIRE AND LIFE SAFETY. Any single reported incident of failure to properly INSPECT, TEST and/or service a fire extinguisher DURING THE CONTRACT PERIOD shall BE REFERRED TO THE SEATTLE FIRE DEPARTMENT FOR INVESTIGATION and shall be cause for written warning TO THE BIDDER. ADDITIONAL REPORTED INCIDENTS OF IMPROPER INSPECTION, TESTING AND/OR SERVICE OF FIRE EXTINGUISHERS IN CITY FACILITIES SHALL BE CAUSE FOR IMMEDIATE TERMINATION OF THIS CONTRACT. FAILURE TO COMPLY WITH SEATTLE FIRE CODE REQUIREMENTS, INCLUDING OBTAINING AN ANNUAL PERMIT FROM THE SEATTLE FIRE DEPARTMENT, SHALL BE GROUNDS FOR TERMINATION OF THIS CONTRACT.

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Tags: 0000000519 01/01/02, change, vendor, contract, attachment, order, 0000000519