Loading...
HomeMy WebLinkAboutTitan Fire Protection Inc; 2021-11-03; PSA22-1703FACPSA22-1703FAC City Attorney Approved Version 6/12/18 1 AGREEMENT FOR CITY WIDE FIRE EXTINGUISHERS AND FIVE YEAR SPRINKLER INSPECTION SERVICES TITAN FIRE PROTECTION, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021 by and between the City of Carlsbad, a municipal corporation, ("City"), and Titan Fire Protection, Inc., a California corporation, ("Contractor"). RECITALS A. City requires the services of a consultant that is experienced in city wide fire extinguishers and five year sprinkler inspection services. B. Contractor has the necessary experience in providing services and advice related to city wide fire extinguishers and five year sprinkler inspection services. 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 attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed eleven thousand four hundred twenty-one dollars and sixteen cents ($11,421.16). No other compensation for the Services will be allowed. If the City elects to extend the Agreement, the amount shall not exceed four thousand eighty-four dollars ($4,084) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: C8395FF5-3209-47CC-9F11-8149EED4182A November 3rd PSA22-1703FAC City Attorney Approved Version 6/12/18 2 6. 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. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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, DocuSign Envelope ID: C8395FF5-3209-47CC-9F11-8149EED4182A PSA22-1703FAC City Attorney Approved Version 6/12/18 3 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. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have 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. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. DocuSign Envelope ID: C8395FF5-3209-47CC-9F11-8149EED4182A PSA22-1703FAC City Attorney Approved Version 6/12/18 4 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. /// /// /// /// DocuSign Envelope ID: C8395FF5-3209-47CC-9F11-8149EED4182A PSA22-1703FAC City Attorney Approved Version 6/12/18 5 16. 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 Charles Balteria Name Bryon Fuller Title Program Manager Title Project Manager Department Public Works Address 1341 Distribution Way, Suite 14 City of Carlsbad Vista, CA 92081 Address 1635 Faraday Ave. Phone No. 760-295-3436 Carlsbad, CA 92008 Email BFuller@titanfpinc.com Phone No. 760-802-7530 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. 17. 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. Yes ☐ No ☒ 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The DocuSign Envelope ID: C8395FF5-3209-47CC-9F11-8149EED4182A PSA22-1703FAC City Attorney Approved Version 6/12/18 6 City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the DocuSign Envelope ID: C8395FF5-3209-47CC-9F11-8149EED4182A PSA22-1703FAC City Attorney Approved Version 6/12/18 7 County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: C8395FF5-3209-47CC-9F11-8149EED4182A PSA22-1703FAC City Attorney Approved Version 6/12/18 8 27. 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. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California TITAN FIRE PROTECTION, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works as authorized by the City Manager Scott Uren, President (print name/title) By: (sign here) Edward Gerczak, Secretary & CFO (print name/title) 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: C8395FF5-3209-47CC-9F11-8149EED4182A PSA22-1703FAC City Attorney Approved Version 6/12/18 9 EXHIBIT “A” SCOPE OF SERVICES Contractor to provide all materials, tools and labor necessary to provide city wide five-year wet pipe automatic sprinkler systems inspections and annual fire extinguisher inspections & certificates at the locations identified in the Contractor’s proposed cost and service chart listed in Exhibit A. Proposed Cost and Service Chart Item No. 1 Five Year Wet Pipe Automatic Sprinkler System Inspection – Year One (1) Only of Agreement Location Address Sprinkle Coverage Sq. Ft # of Risers Unit Price Quantity of Units Total 1.A Alga Norte Park 6565 Alicante Road 16,624 5 $407.62 1 $ 407.62 1.B Calavera Hills Community Center 2997 Glasgow Drive 19,471 1 $407.62 1 $ 407.62 1.C City of Carlsbad - Fire Station 3 3465 Trailblazer Way 10,858 1 $407.62 1 $ 407.62 1.D City of Carlsbad – Fire Station 4 6885 Batiquitos Lane 3,718 1 $407.62 1 $ 407.62 1.E City of Carlsbad - Fire Station 5 2540 Orion Street 12,709 1 $407.62 1 $ 407.62 1.F City of Carlsbad - Fire Station 6 7201 Rancho Santa Fe 6,252 1 $407.62 1 $ 407.62 1.G CMWD Building 5950 El Camino Real 13,010 1 $407.62 1 $ 407.62 1.H Dove Library 1775 Dove Lane 73,537 1 $407.62 1 $ 407.62 1.I Faraday Building 1635 Faraday Ave 68,000 1 $407.62 1 $ 407.62 1.J Farmers Building 5815 El Camino Real 128,846 2 $407.62 1 $ 407.62 1.K Harding Community Center 3096 Harding Streeting 1,436 2 $407.62 1 $ 407.62 1.L Leo Carrillo Ranch Historic Park 6200 Flying Leo Carrillo 2,768 3 $407.62 1 $ 407.62 1.M Library Learning Center 3368 Eureka Place 11,393 1 $407.62 1 $ 407.62 1.N Pine Community Center 3209 Harding Street 18,000 1 $407.62 1 $ 407.62 1.O Poinsettia Community Park 6600 Hidden Valley Rd 1,395 2 $407.62 1 $ 407.62 1.P Safety Center 2560 Orion Street 55,027 1 $407.62 1 $ 407.62 1.Q Senior Center 799 Pine Ave 31,895 1 $407.62 1 $ 407.62 1.R Stagecoach Park Community Center 3420 Camino de los Coches 18,268 1 $407.62 1 $ 407.62 Total $7,337.16 DocuSign Envelope ID: C8395FF5-3209-47CC-9F11-8149EED4182A PSA22-1703FAC City Attorney Approved Version 6/12/18 10 Item No. 2 Annual Fire Extinguisher Inspection & Certifications Location Address Unit Price Quantity of Units Annual Total 2.A Alga Norte Park 6565 Alicante Road $8.20 10 $ 82.00 2.B Aviara Community Park 6435 Ambrosia Lane $8.20 6 $ 49.20 2.C Calavera Hills Community Center 2997 Glasgow Drive $8.20 7 $ 57.40 2.D Chase Field Snack bar 3349 Harding Street $8.20 1 $ 8.20 2.E City Hall Complex 1200 Carlsbad Village Drive $8.20 7 $ 57.40 2.F City of Carlsbad - Fire Station 1 1275 Carlsbad Village Drive $8.20 3 $ 24.60 2.G City of Carlsbad - Fire Station 2 1906 Arenal Road $8.20 2 $ 16.40 2.H City of Carlsbad - Fire Station 3 3465 Trailblazer Way $8.20 6 $ 49.20 2.I City of Carlsbad - Fire Station 4 6885 Batiquitos Lane $8.20 2 $ 16.40 2.J City of Carlsbad - Fire Station 5 2540 Orion Street $8.20 4 $ 32.80 2.K City of Carlsbad - Fire Station 6 7201 Rancho Santa Fe Rd $8.20 7 $ 57.40 2.L CMWD Building 5950 El Camino Real $8.20 11 $ 90.20 2.M Cole Library 1250 Carlsbad Village Drive $8.20 9 $ 73.80 2.N Dove Library 1775 Dove Lane $8.20 19 $ 155.80 2.O Elmwood House 2955 Elmwood House $8.20 1 $ 8.20 2.P Faraday Building 1635 Faraday Ave $8.20 13 $ 106.60 2.Q Farmers Building 5815 El Camino Real $8.20 22 $ 180.40 2.R Famers Claims Building 2351 Faraday Ave $8.20 2 $ 16.40 2.S Fleet Service Center 2480 Impala Drive $8.20 8 $ 65.60 2.T Harding Community Center 3096 Harding Streeting $8.20 8 $ 65.60 2.U Holiday Park 3235 Eureka Place $8.20 4 $ 32.80 2.V Leo Carrillo Ranch Historic Park 6200 Flying Leo Carrillo $8.20 12 $ 98.40 2.W Library Learning Center 3368 Eureka Place $8.20 9 $ 73.80 2.X Magee Park 258 Beach Street $8.20 6 $ 49.20 2.Y Monroe Street Pool 3401 Monroe Street $8.20 3 $ 24.60 2.Z Parks Yard 1166 Carlsbad Village Drive $8.20 6 $ 49.20 2.AA Pine Community Center 3209 Harding Street $8.20 2 $ 16.40 DocuSign Envelope ID: C8395FF5-3209-47CC-9F11-8149EED4182A PSA22-1703FAC City Attorney Approved Version 6/12/18 11 Location Address Unit Price Quantity of Units Annual Total 2.AB Public Works Yard -Oak 405 Oak Ave $8.20 12 $ 98.40 2.AC Safety Center 2560 Orion Street $8.20 26 $ 213.20 2.AD Safety Training Center 5750 Orion Street $8.20 16 $ 131.20 2.AE Senior Center 799 Pine Ave $8.20 12 $ 98.40 2.AF Stagecoach Park Community Center 3420 Camino de los Coches $8.20 9 $ 73.80 Misc. Fire Extinguisher Inspection Fees (Budget Items) Unit Price Units Annual Budget Annual Fire Extinguisher Inspection & Certification (Spares) $8.20 30 $ 246.00 6 Year Hydrostatic Inspection & Certification $23.00 55 $ 1,265.00 12 Year Hydrostatic Inspection & Certification $40.00 10 $ 400.00 Total $ 4,084.00 Scope of Work Item 1. Five Year Wet Pipe Automatic Sprinkler System Inspection – To be completed during year one (1) only of this agreement Five Year Wet Pipe Automatic Sprinkler System Inspection shall be performed in accordance with California Code of Regulations Title 19 Division 1, Chapter 5, and the current adopted version of California Edition of NFPA 25. A licensed C-16 contractor will perform the test and inspection. Service and inspection to include: • Notify the City of intent to perform inspection and schedule accordingly with the Contract Administrator. • Arrive onsite and identify staff to pertinent personnel onsite. • Inspectors shall wear apparel identifying themselves as Titan Fire Protection Employees. • Inspection shall begin at 7am. Sounding off alarms and device activation to occur between the hours of 7am and 3:30pm. • A City employee shall accompany Titan Fire Protection during inspections for access into all locations. • All water must be discharged into pre-approved locations away from storm drains. • Testing of control valves, backflow, and PIV control valves supervisory (tamper) devices. • Main drain water—flow test (record of test pressures and times in inspection report). • Internal obstruction investigation of pipe. • Exercise and inspect all types of control valves through a full range of motion. • Inspect all signage. • Record water supply pressure above and below riser check valve (if installed). • Inspect sprinkler stock. • Inspect and backflush fire department connection. DocuSign Envelope ID: C8395FF5-3209-47CC-9F11-8149EED4182A PSA22-1703FAC City Attorney Approved Version 6/12/18 12 • Inspect sprinklers. • Inspect pipe and fittings including above ceilings in concealed accessible spaces. • Inspect hangers. • Inspect seismic braces. • Inspect all system gauges. • Verify hydraulic placard. • Return system to service and notify Contract Administrator of completion. Following each inspection Titan Fire Protection shall: • Prepare a complete inspection report and submit via email to the Contract Administrator. • Develop a list of deficiencies (if any) and present them to the Contract Administrator. • Prepare a detailed repair proposal for each site listing each deficiency and scope of work necessary to bring the system into compliance. • Re-inspect corrected deficiencies and deliver updated certification and stickers for riser assemblies. Item 2: Annual Fire Extinguisher Inspection & Certifications Annual Fire Extinguisher Inspections shall be performed in accordance with California Code of Regulations Title 19 Division 1 Chapter 3. Service and inspection to include: • Notify the Client of intent to perform inspection and schedule accordingly with the Contract Administrator. • Arrive onsite and identify ourselves to pertinent personnel onsite. • Inspectors shall wear apparel identifying themselves as So-Cal Fire Services Employees who are an affiliate of Titan Fire Protection, Inc. • Inspect all fire extinguisher signage. • Inspect all fire extinguisher canisters in their entirety. • Place Annual Inspections Tag on each canister. • Return items to service and notify client of completion. • Any necessary repairs or replacements shall be approved first by the Contract Administrator and invoiced separately from this agreement. DocuSign Envelope ID: C8395FF5-3209-47CC-9F11-8149EED4182A The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10/26/2021 Marsh & McLennan Agency LLC2725 South Moorland RoadNew Berlin WI 53151 Renee Senso 920-225-6882 262-785-9753 renee.senso@marshmma.com Ohio Security Insurance Company 24082 West American Insurance Company 44393Titan Fire Protection, Inc.1341 Distribution Way, Ste 14Vista CA 92081 Evanston Insurance Company 35378 Crum & Forster Specialty Insurance Co 44520 Ohio Casualty Insurance Company 24074 43016369 D X 1,000,000 X 50,000 X 5,000 5,000 1,000,000 3,000,000 X GLO068264 11/8/2020 11/8/2021 3,000,000 Total Policy Agg 5,000,000 A 1,000,000 X XX BAS57013286 11/8/2020 11/8/2021 Hired Phys Damage $50,000 E X X 5,000,000 10,000 USO57013286 X 5,000,000 11/8/2020 11/8/2021 B N XWW2156990475 11/8/2020 11/8/2021 X 1,000,000 1,000,000 1,000,000 DDC Professional LiabilityExcess LiabilityPollution Liability GLO068264SEO110307MMAENV002124 11/8/202011/8/202011/8/2020 11/8/202111/8/202111/8/2021 $1,000,000$2,000,000$2,000,000/$2,000,000 Per Claim/AggPer Claim/AggOcc/Agg Contractors Leased/Rented EquipmentCarrier: West American Insurance CompanyPolicy Number: BKW57013286Policy period: 11/08/2020 to 11/08/2021Limit: $50,000 / Deductible: $500 NOTE:-USO1857013286 Umbrella coverage follows form, extends over the Automobile Liability and Workers' Compensation coverages only.See Attached... City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta CA 92564 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 1 1 Marsh & McLennan Agency LLC Titan Fire Protection, Inc.1341 Distribution Way, Ste 14Vista CA 92081 25 CERTIFICATE OF LIABILITY INSURANCE -SEO110307 Excess Liability extends over the General Liability and Professional Liability only. City of Carlsbad/CMWD is included as additional insured for general liability, on a primary basis, for work performed by the named insured, if required by writtencontract. Waiver of subrogation is in favor of the additional insureds for workers compensation. Per the cancellation clause contained in the policies noted on thiscertificate, the policy provisions include at least 30 days notice of cancellation except for non-payment of premium. POLICY NUMBER:COMMERCIAL GENERAL LIABILITYCG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 07 04 - 001 © ISO Properties, Inc., 2004 Page 1 of 1 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 Organization(s)Location(s) Of Covered Operations Any person or organization you have agreed in a written contract to add as an additional insured on your policy provided the written contract is executed prior to the "bodily injury", "property damage" or "personal and advertising injury" Locations and operations covered under this policy when required by written contract executed prior to the "bodily injury", "property damage" or "personal and advertising injury" 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. 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. GLO068264 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement prior to the injury or damage that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However, the insurance provided under this endorsement will not apply beyond the extent required by such contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective Policy No.Endorsement No. Named Insured Countersigned by CFSIC-GL-1002(10/2015) GLO068264 6566of56990475003049370250 Where required by contract or written agreement prior to loss and allowed by law. Premium Basis is $250 Flat Charge 0008 11/08/2020 XWW (21) 56 99 04 75 TITAN FIREPROTECTION INC West American Insurance Company 11576 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 79 (Ed. 01-13) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA WC 99 06 79 (Ed. 01-13) 2013Liberty Mutual Insurance Includes copyrighted material of WCIRB,with its permission. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement is $. Schedule Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Endorsement No. Policy Effective Premium State Policy No. Insured Insurance Company Countersigned by ___________________ GLO-068264