HomeMy WebLinkAboutCompressed Air Specialties Inc; 2014-02-20; PEM1048PEM1048
AGREEMENT FOR BAUER BREATHING AIR COMPRESSOR UNIT SERVICES
(COMPRESSED AIR SPECIALITIES, INC.)
^ THIS AGREEMENT is made and entered into as of the day of
•7^/?rrj^/^\/ 2014, by and between the CITY OF CARLSBAD, a municipal
(Corporation, ("Ofty"), and COMPRESSED AIR SPECIALITIES, INC. , a California corporafion,
("Contractor").
RECITALS
A. City requires the professional services of a service provider specializing in
servicing and certifying compressed breathing air compressor units under the guidelines for air
testing listed under NFPA 1500: Standard on Fire Department Occupational Safety and Health
Program.
B. Contractor has the necessary experience in providing professional services and
advice related to the preventative maintenance, repairs and certifications of Bauer breathing air
compressor units.
C. Contractor 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 five (5) years from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed during the agreement term will be in an
amount not to exceed seven thousand five hundred dollars ($7,500). 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, daniages, 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 1/30/13
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 rating in the Best's Key Rafing guide of at least
A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rafing Guide of at least "A:X", in an amount of not less
than one million dollars ($1,000,000) each, unless othenvise 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 nofice 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. Contractor will furnish certificates of insurance to the Contract
Department, with endorsements to City prior to City's execution of this Agreement.
7. 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 four categories.
8. COMPUANCE 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.
9. TERMINATION
City or Contractor may terminate this Agreement at any fime 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.
10. 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 Secfions 3.32.025, et seq. Contractor further acknowledges that debarment
by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and junsdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
12. 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.
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in
wrifing, signed by both parties, with a statement of esfimated changes in charges or time schedule.
14. AUTHORITY
City Attorney Approved Version 1/30/13
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.
CONTRACTOR
COMPRESSED AIR SPECIALTIES, INC.,
a California con
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
oyor Of Director
By:
(sign here)
{print name/tifie)
4. ^SE- ^-TTA^W POKL A^fPTAey
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 empowenng the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIAA. BREWER, City Attorney
By:.
Assistant City Attorney \
City Attorney Approved Version 1/30/13
-CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT
State Of California
County Of Orange
On v.g>\. \ before me, Brij Prasad, a notary public personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/sbe/they executed the same in hts^ber/their authorized capacity(ies), and that by
hiS/bef/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. BRIJVRASAD"!
C0MM...1986852 S
NOTARY PUBLIC-CAUFORNIA H
ORANGE COUNTY td
My Term trcp ^^^gj^^^-j^]^
(Optional)
Title/Type of the document: />.&gg^^^MT 'T'=^ \Zf>-i}&l^
Document Date: V - S I -1 ^'
Number of Pages ^ ^
Signer(s) other than named above
Signer's Capacity:
EXHIBIT "A"
SCOPE OF SERVICES
CO.MFI^ES.SFD Am
[SPECIAL rms, INC.)
1310 Simpson Circle
Anaheim, CA 32aQ6-5531
(714) 991-8600 fax (714) 991-1120
wwwxompairspec.com
5 h3wn@compairspec.cDm
Califomia C&rtified Small Business 11158098
Carlsbad Safety Training Center
Attn: Jason Ksmsdy
5750 Oritwi Street
Carisbad. 0^92010
P: 760.931.2236
E: }a5on.l£{^&dy@caihbadca^v
Quotation for Annual Services Quote #3584 6/18/13
"Qty"
1 '
1
1
1
1
1
1
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•estmption
CL751-1 Galloft Chemlut}c751
D6D037 Secunjs cartridge
MD4735 PtjrificaticKn o-ring
MD4739 Purrficafeai backup ring
M25950 intake fBter
M25325ai finer
Quarterfy NFPA 150D airtestinfl program
iAfast€ oil disposal
Hours, l^or and trav^
N ats: Should additional parts or
repaifs be needed ypcsn mspection,
they W0I be at an additianal cost
iotal
$&D.OO 360. [K]
$162,00
Sio ^n
S162.Q0
$5.75 $5.75
$25.00 $25.D0
$25.00 $25,00
$4a5.00 $485.00
$7.00 57. DO
S110.00 S44D.00
Sub-total $1,218 95
ServEce charge $35.00
Tax $61.76
Total $1,315.71
-Annual onsite services will not exceed $1,500 per visit unless amendments for parts are required.
-Total 5 year service agreement will not exceed $7,500.
City Attorney Approved Version 1/30/13