HomeMy WebLinkAboutLund Fire Protection Services Agmnt.-10/3/2011Afrapreoc.. 101*611
LUND FIRE PROTECTION SERVICES AGREEMENT
THIS LUND FIRE PROTECTION SERVICES AGREEMENT (the "Agreement")
is made at Waterloo, Iowa, on this Z 1 day of 5W i1'8 - , 2011 by and between the CITY
OF WATERLOO, a municipal corporation ("City") and LUND FIRE PROTECTION an Iowa
corporation ("Lund"), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Lund
shall provide to the reasonable satisfaction of City the services set forth in the Lund's entitled
"Agreement Letter between Waterloo and Lund Fire Protection" dated cl - 21- I I (hereafter,
the "Scope of Services"), which incorporated herein by this reference. Lund represents that it is
experienced in performing the work and will follow generally accepted professional standards in
performance of the work. All services provided shall conform to all federal, state and local laws,
rules and regulations and to the professional standards and practices. The terms and conditions
set forth in this Agreement shall control over any terms and conditions in the Scope of Services
to the contrary.
2. Compensation, Fees and Term.
a. Compensation for services is outlined in Lund Fire Protection Plan
Review Fee Schedule (hereafter, the "Fee Schedule") which incorporated herein by this
reference. This Agreement shall be effective for one year from the date of signing this
agreement, unless otherwise terminated as set forth herein. Lund and City agree that this contract
will continue year to year, except by written notice provided thirty (30) days prior to the renewal
date. Lund reserves the right to change/amend the Fee Schedule with thirty (30) days written
notice to City. Such changes may take place immediately if City agrees to changes.
b. The referenced Fee Schedule shall include all costs, including, but not
limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto
rental, subsistence and all related expenses.
3. Payment. Lund shall not commence any plan review activities until such
compensation is received from requesting contractor. City shall have no payment liability to
Lund for services provided.
4. Change Orders. If building changes occur, and additional reviews are necessary,
additional review shall be considered as new projects, and new fees assessed to the contractor.
5. Licenses. Lund represents that it and any subconsultants it may engage, possess
any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement.
6. Independent Contractor. At all times during the term of this Agreement, Lund
shall be an independent contractor and not an employee of City. City shall have the right to
control Lund only insofar as the result of Lund's services rendered pursuant to this Agreement.
City shall not have the right to control the means by which Lund accomplishes services rendered
pursuant to this Agreement. Lund shall, at its sole cost and expense, furnish all facilities,
materials and equipment that may be required for furnishing services pursuant to this Agreement.
7. Consultant Not Agent. Except as City may specify in writing, Lund shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Lund shall have no authority, express or implied, to bind City to any obligation whatsoever.
8. Time of Completion. Lund shall employ all reasonable efforts to return reviewed
plans and related documents to City in ten (10) business days. Lund reserves the right to extend
the return time of any plan review due to the size and/or complexity of the plans.
10. Products of Consultant. Upon completion of the review, Lund will provide a
written detailed report to City advising of changes, missing items and additional information
required for acceptance. The documents, materials, manuals, reports, plans and other products
produced or provided by Lund for this Agreement shall become the property of City upon receipt.
City may use, reuse or otherwise utilize such products without restriction.
11. Conflicts of Interest. Lund agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Lund knows or has reason to know that Lund, its officers, partners, or employees have a
financial interest.
12. Indemnity. In the event that City or Lund are subject to a civil action brought by
an individual or entity for events or transactions arising out of or related to this agreement, City
agrees to indemnify, defend and hold harmless Lund for any liability attributable to the
following:
a. Any actions, duties, or obligations which were performed by City or were
otherwise the responsibility of City including, but not limited to, approval, disapproval, and/or
requirement of re -submission of new plans and related documents;
b. Any recommendations made by Lund which comply with all federal, state
and local laws, rules and regulations as well as to the professional standards and practices of the
industry; and
c. Any actions, duties, or obligations which do not fall under the scope of
this agreement and, as a result, were not the responsibility of Lund.
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13. Insurance.
a. Lund shall maintain during the life of this Agreement, comprehensive
general liability insurance or commercial general liability insurance written on an occurrence
basis providing for a combined single limit of $1,000,000 per occurrence for bodily injury, death
and property damage
b. Lund shall maintain during the life of this Agreement professional liability
insurance covering errors and omissions arising out of the performance of this Agreement with a
limit of $1,000,000 per claim. Lund agrees to keep such policy in force and effect for at least
two years from the date of completion of this Agreement.
c. Lund will determine its own needs in procurement of insurance to cover
liabilities other than as stated above.
14. Termination. Either party, acting through its City Fire Chief or his designee,
reserves the right to terminate this Agreement for any reason by giving thirty (30) days written
notice of intent to terminate the other party. Thirty (30) days after receipt of notice, Lund shall
cease work, unless the notice provides otherwise.
15. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Lund and its subconsultants shall maintain reasonably full and complete
books, documents, papers, accounting records, and other information (collectively, the "records")
pertaining to the costs of and completion of services performed under this Agreement. The City
and any of their authorized representatives shall have access to and the right to audit and
reproduce any of Lund's records regarding the services provided under this Agreement. Lund
shall maintain all such records for a period of at least six (6) months after termination or
completion of this Agreement. Lund agrees to make available all such records for inspection or
audit upon fourteen (14) days notice from the City, and copies thereof shall be furnished if
requested. In the event that the City requests any records, the City is responsible for the costs
associated with the reproduction and acquisition.
16. Attorneys' Fees. If any action at law or in equity is necessary to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable
attorneys' fees, costs, and necessary disbursements, in addition to any other relief to which it may
be entitled.
17. Governing Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of Iowa.
18. Integration. This Agreement constitutes the entire agreement of the parties. No
other agreement, oral or written, pertaining to the work to be performed under this Agreement
shall be of any force or effect unless it is in writing and signed by both parties.
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19. No Third -Party Beneficiaries. It is expressly understood and agreed that the
enforcement of these terms and conditions shall be reserved to the City and Lund. Nothing
contained in the agreement shall give or allow any claim or right of action whatsoever by any
third person. It is the express intent of the City and Lund that any such person or entity, other
then the City or the Lund, receiving services or benefits under this agreement shall be deemed an
incidental beneficiary.
20. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally or by certified mail, postage prepaid, to
each party at the address listed below. Either party may change the notice address by notifying
the other party in writing. Notices shall be sent by U.S. Mail. Notices shall be deemed received
upon receipt of the return -receipt from the certified US Mail.
"LUND" "CITY"
Lund Fire Protection
P.O. Box 459
Norwalk, Iowa 50211
Attn: Jonathan Lund
City of Waterloo
425 East 3rd Street
Waterloo, Iowa 50703
Attn: Steve Jordan, Fire Marshal
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
LUND FIRE PROTECTION
By:
Prinid Name: joNR'f)-( J ,./NO
Title: 02^,510 yiy-i
APPROVED AS TO FORM:
Fy ' CLu W01664(-17(
City Attorney
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CITY OF J► ATERLOO,
By:.
Printed Name: blkf 6 . LY i 0.r
Title:
AGREEMENT LETTER
Between the City of Waterloo and Lund Fire Protection, Inc.
Date:
21 54 -P -F '
Per section 104.7.2 of the 2009 International Fire Code, it is hereby requested that Lund
Fire Protection, Inc. ("Lund Fire Protection") provide technical assistance to the
Waterloo Fire Department by reviewing site and life safety plans to determine the
acceptability of technologies, processes, products, facilities, materials and uses attending
the design, operation or use of a building or premises.
This process will include the reviewing of specific submittal requirements as set forth by
Lund Fire Protection along with adopted International Fire Codes, International Building
Codes, NFPA standards and Waterloo Fire Department local amendments.
Upon completion of the review, Lund Fire Protection will give a written detailed report to
the Waterloo Fire Department advising of recommended changes, items missing from the
reviewed plans, and additional information required for acceptance of such plans by the
City of Waterloo. It is then the City of Waterloo's responsibility and duty to follow
through with the recommendations contained in Lund Fire Protection's report, to approve
or disapprove the reviewed plans, to require a re -submission of amended plans, and/or to
request a subsequent review by Lund Fire Protection. Lund Fire Protection's written
report is not intended as an acceptance or denial of the reviewed plans, rather its sole
purpose is to advise the City of Waterloo of shortcomings or deficiencies to be
considered by the City of Waterloo in its review of the plans. One copy of the reviewed
plans shall be kept on file with Lund Fire Protection and one copy of the reviewed plans
shall be forwarded back to the Waterloo Fire Department for archiving. Fees for service
shall be handled directly between Lund Fire Protection and the contractor submitting the
plans for review.
It is requested by the Waterloo Fire Marshal that Lund Fire Protection review these
plans with full acceptance of such plans only given by the Fire Chief or his designee.
LUND FIRE PROTECTION
By: V _ By:
Print Name: 300A--Aq,N1 K . 1, v NC) Prin e • Name: ✓us+ 6. C,(&At-
CI _ OF WATERLOO
Title: ()(k4.5 1 ( ,.t j Title:
,ALOUJOir
FIRE P -rE "r'1 Co1V
Plan Review Fee Schedule
If you have questions about how much the fee should be please contact Lund Fire Protection at (515) 981-0912 or
email iiifo@lundfp.com prior to submitting plans. Improper fee submittals will only delay plan review turn -around time.
Rush Plan Review Additional Fees:
• Rush plan review turn -around time is three business days.
• Twice the normal base fee and $25.00 rush delivery shipping fee.
• Review Letter will be faxed or e-mailed back.
• Be sure to check the RUSH PLAN REVIEW box on the application.
• LFP retains the right to extend the review time on large projects for quality assurance.
Lund Fire Protection, Inc. P.O. Box 459
(P) 515.981.0912
www.lundip.com 1813 Merle Huff Avenue (F) 515.981.0913
Revised 1/2011
New Install
Alteration /
Modification
Re -submittal
Fire Alarm/Sprinkler System Plans
2,000 sq ft or Tess
$250.00
$250.00
$250.00
2,001 - 5,000 sq ft
$300.00
$300.00
$250.00
5,001 - 10,000 sq ft
$400.00
$400.00
$250.00
10,001 - 20,000 sq ft
$500.00
$500.00
$250.00
20,001 - 30,000 sq ft
$600.00
$600.00
$300.00
30,001 - 40,000 sq ft
$700.00
$700.00
$350.00
40,001 - 50,000 sq ft
$800.00
$800.00
$400.00
50,001 - 75,000 sq ft
$1,000.00
$1,000.00
$500.00
75,001 - 100,000 sq ft
$1,250.00
$1,250.00
$625.00
100,001 - 200,000 sq ft
$2,000.00
$2,000.00
$1,000.00
200,001 - 300,000 sq ft
$2,500.00
$2,500.00
$1,250.00
300,001 - 400,000 sq ft
$3,000.00
$3,000.00
$1,500.00
400,001 - 500,000 sq ft
$3,500.00
$3,500.00
$1,750.00
Each 100,000 sq ft (or portion there of) over 500,000 sq ft
$500.00
$500.00
$250.00
Clean Agent, CO2, DryChem, or Other Suppression System
500 sq ft or less
$500.00
$500.00
$250.00
501 - 2,000 sq ft
$750.00
$750.00
$375.00
2,001 - 5,000 sq ft
$1,000.00
$1,000.00
$500.00
5,001-10,000 sq ft
$1,250.00
$1,250.00
$625.00
10,001- 25,000 sq ft
$1500.00
$1500.00
$750.00
Each 25,000 sq ft (or portion there of) over 25,000 sq ft
$500.00
$500.00
$250.00
Fire Pump (per fire pump)
$250.00
$250.00
$250.00
Backflow prevention valve (per hydraulic calculation)
-
$150.00
$150.00
Kitchen Hood Suppression System (per hood)
$150.00
$150.00
$150.00
Standpipe systems (if separate from sprinkler system)
$250.00
Included
$250.00
$150.00
$250.00
$150.00
Hydraulic calculation (per calculation)
Site Plan
$150.00
$150.00
$150.00
If you have questions about how much the fee should be please contact Lund Fire Protection at (515) 981-0912 or
email iiifo@lundfp.com prior to submitting plans. Improper fee submittals will only delay plan review turn -around time.
Rush Plan Review Additional Fees:
• Rush plan review turn -around time is three business days.
• Twice the normal base fee and $25.00 rush delivery shipping fee.
• Review Letter will be faxed or e-mailed back.
• Be sure to check the RUSH PLAN REVIEW box on the application.
• LFP retains the right to extend the review time on large projects for quality assurance.
Lund Fire Protection, Inc. P.O. Box 459
(P) 515.981.0912
www.lundip.com 1813 Merle Huff Avenue (F) 515.981.0913
Revised 1/2011
ADDENDUM TO
LUND FIRE SERVICES AGREEMENT
Dated: September 21, 2011
13. Insurance
d. Lund Fire Protection shall agree to the following:
1. The City of Waterloo, Iowa will be named as an additional
insured with respect to all liability and professional
insurance policies.
2. Certificate of insurance will be submitted to the City Clerk
prior to commencement of the contract/agreement and
shall include a thirty -day notice of cancellation provision.
LUND FIRE PROTECTION
By:
A
Printecf Name: -orf 1-\ +` I&.. LJN�
Title: P Gz-s.$) - LVN 0 CA ()fLozc 1-Ri nJ
Date: I' 0 CA- 7 1
CITY OF WATERLOO
By:
Printed Name:.uzy Schares
Title: City Clerk
Date: /0 - o21