Loading...
HomeMy WebLinkAboutDiamondback Fire and Rescue Inc; 2021-10-19;AGREEMENT FOR COMPREHENSIVE HYDRAULIC RESCUE SYSTEM INSPECTION AND MAINTENANCE SERVICES DIAMONDBACK FIRE & RESCUE, INC THIS AGREEMENT is made and entered into as of the /1/h octobef , 20Jll, by and between the CITY OF CARLSBAD, a corporation, ("City"), and Diamondback Fire & Rescue, a corporation, ("Contractor"). RECITALS day of municipal City requires the professional services of a company that is experienced in mobile hydraulic rescue tool inspection and maintenance services. 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 four (4) years from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed shall not exceed ten thousand dollars ($10,000) per Agreement year. 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. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 6/12/18 5. 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. 6. 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. 1. 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. 8. 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 For Contractor Name Eric Evonsion Name Josh Zimmerman Title Battalion Chief Title Service Manager Department _F_i_re ________ _ Address 1762 S Sycamore Ave City of Carlsbad Rialto, CA 92376 Address 2560 Orion Way Phone No. 909-879-7354 Carlsbad, CA 92010 Email diamondbackfireservice@gmail.com Phone No. 760-931-2141 City Attorney Approved Version 6/12/18 2 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 9. CONFLICT OF fNTEREST 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. YesD Not8J 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. II II II II 3 City Attorney Approved Version 6/12/18 EXHIBIT "A" SCOPE OF SERVICES Diamondback Fire & Rescue Inc. will service all AMKUS Rescue System components and perform all factory recommended annual maintenance procedures for the Carlsbad Fire Department (CFO). Inspection and maintenance services include: • Furnish written documentation for all service performed • Provide factory-trained technician to perform all services in accordance with manufacturers recommendations • Conduct services at a CFO location • Provide complete set of rescue tools for use on CFO vehicle while system is out for service . • Offer reduced labor rate of $85.00 per hour and parts discount of 5 percent for additional service or parts not included in agreement • Discuss damaged or worn external/internal parts with cost estimates prior to replacement • Supply only "genuine" AMKUS Rescue System parts and/or accessories • Perform services listed below during each agreement year Hydraulic Power Unit A) B) C) D) E) F) G) H) I) J) K) L) M) Spreader A) B) C) D) E) F) Clean and inspect for wear and breakage Inspect hydraulic hoses for cuts and/or abrasions Clean and check quick disconnects for proper operation Remove engine and hydraulic pump from reservoir 1. Inspect pump fluid 2. Clean reservoir and inspect pump 3. Clean pump sump screen Refill reservoir with clean mineral base hydraulic fluid Reinstall pump and seal reservoir · Reinstall and seal engine mounting flange Change engine oil according to manufacturer recommendations Clean and service air cleaner Inspect, and clean spark plug Start engine and adjust carburetor if necessary Perform line pressure test on side A and side B Adjust pressure relief valve, if needed Clean and inspect for excessive wear or damage Remove arms clean and inspect pivot area, rack and gear assembly Remove rack shield and straighten, if needed Lubricate rack, spreader arm gear and pivot pins Remove control valve, inspect and replace 0-rings if needed Remove manifold from cylinder, inspect and replace 0-rings if needed City Attorney Approved Version 6/12/18 5 POLICY NUMBER: M!;.R~08566704 COMMERCIAL GENERAL LIABILITY CG 2037 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Naine Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any Person or Organization wh~n you are specifically All contracted locations required by a written contract or agreement to include as an additional insured for the "products-completed operations hazard". Any Person or Organization does not indude engineers, architects or surveyors. Information required to complet~ this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement perfonned for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only ·applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured. is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: · 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. . This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: MFPK08566704 COMMERCIAL GENERAL LIABILITY CG 2010 0413 . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s) Location(s) Of Covered Operations The City of Carlsbad Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) · at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.· B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed ; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 © Insurance SeNices Office, Inc., 2012 Page 1 of2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of2 © Insurance Services Office, Inc., 2012 CG 2010 0413