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HomeMy WebLinkAboutDCS Testing and Equipment Inc; 2019-05-10;AGREEMENT FOR HOSE TESTING SERVICES DCS TESTING & EQUIPMENT, INC. J , THIS AGREEMENT is made and entered into as of the /0-tlA... day of ~/_\A..<,\.~--------' 2019, by and between the CITY OF CARLSBAD, a municipal corporati , ("City"), and DCS Testing & Equipment, Inc., a corporation, ("Contractor"). RECITALS City requires the professional services of a vendor that is experienced in fire hose testing. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of six (6) months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be six thousand two hundred sixty- nine dollars and forty cents ($6,269.40). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent ( 10%) retention until City has accepted the work and/or the Services specified in Exhibit "A" 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. City Attorney Approved Version 6/12/18 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Mike Calderwood Title Fire Chief Department Fire ----------City of Carlsbad Address 2560 Orion Way Carlsbad, Ca 92010 Phone No. 760-931-2141 For Contractor Name '3:) ~\:,"-?·, L-~'"' s_""' V 1 ,re __ _ Title ~ ~ 0 Address L\lo3 l W. \ s~ ~ S-\- ~~ ~, c Pr °\_td--~u Phone No. ~\..D • SL\ '2. -\.c\ 7'-i Email 6-~c...., f'\½ < t.. ,'2> LS. Q_ °"'~\\ · 7 (.,c.lM... Each party will notify the other immediately of any changes of arldress that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesQ°' NoD 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. City Attorney Approved Version 6/12/18 2 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. City Attorney Approved Version 6/12/18 3 (sign here) (print name/title) By: j)Qw~~--=-=== (sign here) 'S)e...bt>~,Q.. ~<-=s_~\\{L ~~o (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A;, ~REo/f ~ City Attorney By: ___ M ___ L-_________ _ Assistant City Attorney City Attorney Approved Version 6/12/18 4 FROM Sandra Brown EXHIBIT "A" PRICE QUOTE DCS Testing & Equipment, Inc Fire Protection Specialists 4637 w 159th St, Lawndale, CA 90260 • 310-542-3004 ottice • 310-542-7183 tax Contractor's Ucense No. 743931 TO CARLSBAD FD Date 2/B/2019 760-977-2231 mobile Quotation ft CFD-020B19 310-542-1104 fax sbfown.rlr,511llomail cnm Quote valid until: 12/31/2019 Comments or Special Instructions: P.O. NUMBER JOB TERMS 2019 Hose Testing NET 10 QUANTITY DESCRIPTION UNIT PRICE AMOUNT 23,220 Fire Hose Testing (per foot) .27 6,269.40 Ground Ladder Testing (per foot) 1.25 Required labeling for ladders -as needed (included) 0.00 -G.01.11.ud. lalkkc 12ci,iu12 i £ l!.alid. aull!. whe.u lad.d.e.a. ace. Ce.£te.d. in coniucrion with the dept fire hose .. DCS has a 10,000' minimum charge for all hose testing SUBTOTAL $ 6,269.40 OTHER - TOTAL $ 6,269.40 If you have any questions concerning this quotation you may contact me at anytime. THANK YOU FOR YOUR BUSINESS! City Attorney Approved Version 6/12/18 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac·y, or validity of that document State of California ,L( /- County of L'QS N c;..£ t::: S On Ji -:l if -I CJ Date Here Insert Nam and Title of the fficer personally appeared STe \I e.,, lu A BJ> .._ i_ T}c:ea/ G: l}1 (!, ZtJ:n w: Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i~ subscribed to the within instrument and acknowledged to me that he,lsl=tei@!2)executed the same in hJ.sA::ter~authorized capacity(ies), and that by ~ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i••::•••~~~~:A•~~:A~;~~•t 6 Comm. No. 2120016 ~ ~ NOTARY PUBLIC· CALIFORNIA 0 U . LOS ANGELES COUNTY .:.,. 1••••••~~c!':m+~~~c;!,°~e~2;·,;~!f Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Documel')t~ uJ;'r'/. C)ry of Title or Type of Document:C.A~L.Gb AD Document Date: J/ -L</---l'l Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907