HomeMy WebLinkAboutCosco Fire Proctection V V
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AGREEMENT
THIS AGREEMENT is made and entered into on the2P3 day of Mal , 2016 b
and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as 'TOWN")
and Cosco Fire Protection (hereinafter referred to as "CONTRACTOR"). In
consideration of their mutual covenants, the parties hereto agree as follows:
1. CONTRACTOR. Shall provide or furnish the following specified services and/or
materials:
Perform (1) semi-annual and (1) annual Inspection and test
of the Are Alarm System for Westwind Community Bam
facility.Also replace (2) batteries.
2. EXHIBITS. The following attached exhibits are hereby Incorporated Into and made
a part of this Agreement:
Proposal from CONTRACTOR dated April 22, 2016
3. TERMS. The services and/or materials furnished under this Agreement shall
commence 5/2L and shall be completed by 512o/16 , unless terminated
pursuant to Section 5(f).
4. COMPENSATION. For the full performance of this Agreement:
a. TOWN shall pay CONTRACTOR an amount not to exceed six hundred ninety
dollars and zero cents ($690.00) within thirty (30) days following receipt of
invoice and completion/delivery of services/goods as detailed In Sections 1, 2,
and 3 of this Agreement and only upon satisfactory delivery/completion of
goods/services in a manner consistent with professional/industry standards for
the area In which CONTRACTOR operates. TOWN Is not responsible for paying
for any work done by CONTRACTOR or any subcontractor above and beyond
the not to exceed amount.
b. Town shall not reimburse for any of CONTRACTOR'S costs or expenses to
deliver any services/goods. Town shall not be responsible for any Interest or late
charges on any payments from Town to CONTRACTOR.
c. CONTRACTOR is responsible for monitoring Its own forces/employees/agents/
subcontractors to ensure delivery of goods/services within the terms of this
Agreement. TOWN will not accept or compensate CONTRACTOR for
Incomplete goods/services.
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5. GENERAL TERMS AND CONDITIONS.
To the extent of the contractor's negligence,
a. HOLD HARMLESS.'k CONTRACTOR agrees to Indemnify, defend and hold
harmless the TOWN, its officers, agents and employees from any-end-all
demands, claims or liability of personal injury (Including death) and property
damage of any nature, caused by or arising out of the performance of
CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work
product, CONTRACTOR agrees to indemnify, defend and hold harmless the
TOWN, Its officers, agents and employees from any-and-aft demands, claims or
liability of any nature to the extent caused by the negligent performance of
CONTRACTOR under this Agreement.
b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of
insurance before commencing any services under this Agreement as follows:
i. WORKERS COMPENSATION INSURANCE: Minimum statutory
limits.
li. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE
INSURANCE: General Liability and Property Damage Combined.
$1,000,000.00 per occurrence including comprehensive form,
personal injury, broad form personal damage, contractual and
premises/operation, all on an occurrence basis. If an aggregate limit
exists, it shall apply separately or be no less than two (2) times the
occurrence limit.
iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence.
Iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate.
v. NOTICE OF CANCELLATION: The City requires 30 days written
notice of cancellation. Additionally, the notice statement on the
certificate should not Include the wording 'endeavor to"or'but failure
to mail such notice shall Impose no obligation or liability of any kind
upon the company, its agents or representatives?
vi. CERTIFICATE OF INSURANCE: Prior to commencement of seMces,
evidence of insurance coverage must be shown by a properly
executed certificate of Insurance and It shall name 'The Town of Los
Altos Hills, its elective end appointed officers, employees, and
volunteers" as additional insureds.
vii. To prevent delay and ensure compliance with this Agreement, the
insurance certificates and endorsements must be submitted to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
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c. NON-DISCRIMINATION. No discrimination shall be made in the employment of
persons under this Agreement because of the race, color, national origin, age,
ancestry, religion or sex of such person.
d. INTEREST OF CONTRACTOR. It is understood and agreed that this
Agreement is not a contract of employment and does not create an employer-
employee relationship between the TOWN and CONTRACTOR. At all times
CONTRACTOR shall be an independent contractor and CONTRACTOR is not
authorized to bind the TOWN to any contracts or other obligations without the
express written consent of the TOWN. In executing this Agreement,
CONTRACTOR certifies that no one who has or will have any financial Interest
under this Agreement is an officer or employee of TOWN.
e. CHANGES. This Agreement shall not be assigned or transferred without
advance written consent of the TOWN. No changes or variations of any kind are
authorized without the written consent of the City Manager. This Agreement may
only be amended by a written Instrument signed by both parties.
f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7)
days written notice to CONTRACTOR. Monies owed for work satisfactorily
completed shall be paid to CONTRACTOR within 14 days of termination.
g. RECORDS. All reports, data, maps, models, charts, studies, surveys,
calculations, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, In electronic or any other form, that
are prepared or obtained pursuant to this Agreement and that relate to the
matters covered hereunder shall be the property of the TOWN. CONTRACTOR
hereby agrees to deliver those documents to the TOWN at any time upon
demand of the TOWN. It is understood and agreed that the documents and
other materials, including but not limited to those described above, prepared
pursuant to this Agreement are prepared specifically for the TOWN and are not
necessarily suitable for any future or other use. Failure by CONTRACTOR to
deliver these documents to the TOWN within a reasonable time period or as
specified by the TOWN shall be a material breach of this Agreement. TOWN
and CONTRACTOR agree that until final approval by TOWN, all data, plans,
specifications, reports and other documents are preliminary drafts not kept by
the TOWN In the ordinary course of business and will not be disclosed to third
parties without prior written consent of both parties. All work products submitted
to the TOWN pursuant to this Agreement shall be deemed a "work for hire"
Upon submission of any work for hire pursuant to this Agreement, and
acceptance by the TOWN as complete, non-exclusive title to copyright of said
work for hire shall transfer to the TOWN. The compensation recited in Section 4
shall be deemed to be sufficient consideration for said transfer of copyright.
CONTRACTOR retains the right to use any project records, documents and
materials for marketing of their professional services.
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h. ENTIRE AGREEMENT. This Agreement represents the entire agreement
between the Parties. Any ambiguities or disputed terms between this Agreement
and any attached Exhibits shall be interpreted according to the language in this
Agreement and not the Exhibits.
6. INVOICING. Send all invoices to the contract coordinator at the address below.
This Agreement shall become effective upon its approval and execution by TOWN. In
witness whereof, the parties have executed this Agreement the day and year first
written above.
CONTRACT COORDINATOR and
representative for TOWN: CONTRACTOR:
Richard Chiu
Public Works Director
Town of Los Altos Hills By: s14z74
26379 Fremont Road Signature Date
Los Altos Hills, CA 94022
Adam Thors-Inspection Manager
Print name,Title
TOWN OF LOS ALTOS HILLS:
By: ( ny,Piger 5-1-16
Carl Cant!,City Man Date
Town of Los Altos Mils Page of4
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••.ora a. I COSCO 19551myad Rana
':'::a•' I Fire Protection Livermore..CA 94551
Phone:(925)455-2751
Sire C tea inn and Life Safety Specialists Ea:(925)4554761
CA lie.a C-10/C-16,577621
CONTRACT FOR INSPECTION AND TEST OF FIRE PROTECTION EOUIPMENT
April 22,2016
This contract for Senices is being made between Cosco Fire Pmtation(Contractor)ad the following Customer(Subscriber):
Subscriber/Invoice to:Los Altos/Bilks Job 1ocadon:Westwbid Commmdty Barn
26379 Fremont Road 27210 Altamont Rd
Lw Altos Bills,CA 94022 Los Altos,CA 94022
Attn:Richard ChM-City Engineer/Public Works Director Attn:Richard Chiu-City Faginear/Pubile Works Director
Email:rchluelosaltoshMsagov Email:rcbiutylosaltwhfb.m.gov
Phooe:650-947.2516 Phone:650-947.2516
Mobile: Mobile:
SCOW OF WORK
Contractor shall inspect and/or mantle equipment described herein In accordance with the requirements set forth by the fallowing NFPA standard(s):
NAPA 722013 Bdirim-National Fire Alain and Signaling Code
All in accordance with the tenor&conditions contained herein/attached.
NUMBER OF INSPECTIONS
The contractor shall inspect and/or test said installation Two Dines per year.
of this t shall be one(I)year date hereof end shall be auto y renewed each year Is until the same shall te by either
parry at least thirty days written notice being nen to the odor party prior to the vetsary dale thereof. C tors'then current charges s poly for
each ren period
ail a ' pl Y:.aa ON .:i dal Alli
The au:- ..her shell payor•• within(10)days after to sanction has been made the sec 2
If the a .< i rfals to pay the • mount due,contractor,nay a option.,terminate this contract, in any event,will not be o ' td toperform any
additional until payment of the ,.. t past due has been receiv by contractor.
REPORT OF INSPECTION
Notice of this agreement and copies of all spats of inspections and/or tests shall be forwarded by the contractor to the subscriber. The subscribe shall forward this
report to the load authorities and applicable Issuance curter.
The co,. ,:for makes no warranties, or Implied,Including,without limits:.. warranties of merdantabiil d warranties of Illness
invest.post.No promise not contain or at of fact made by •. employee,agent or representa a of the contractor shall
constitute a ' . 4 by the seller or give rise to Rabiilty or obligation.Convector's ..i tyto mbsedbo for personal i ' ,&Mb.or Proputy
arising from,. `.,...... under this contract shall bo ' to the contract prix.Subscriber shill .conirector harmless from d all third party claims f
personal injury, .or property damage,arising from the s 'bis failure to maintain these sys . . keep them in operative condi ,whether based upon
canines,warranty,.. .. [liability orodwrwise,In no meat s the contractor be liable for any spedr t,Incidental,consequenti liquidated,penal or
any etonomic lou ,., . any character including loan not limited s of use of the subscribe?spropaty. .. ..•fle or lost production, therclaimed by
the subscriber or by any third.- ,inespetive of whether claims or m or such damages are based upon contra • : ty,negligence,tort, ailsbilityor
othaw6c.
PREVENTATIVE ANALYSIS
During the course of the above-described inspections,any Items found to be in need of repair or replacement will be noted on the inspection Report provided to the
customer. Corrective pmxdum regd:ed to bring the system back to full operational specifications will be noted,along with a quotation of service charges required
for necessary repairs,for approval by the customer.
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AGREEMENT FOR:Inspection and/or Teraina Services
Coteo Fire Protection win inspect and/or test the following Sat of equipment
Fire Alarm Detection Svehm($
One(1)Sem(-Annual Inspection and Test of(I)Rue Watch 411UD Fie Alarm System(s) $225.00
One(i)Annual le tied andTestof(I)plre Watch 41 IOD Fire Alarm Sysptys) $375.00
Replace 2 x I2V Betimes while perfontmg annual inspection(on Initial inspection only) $90.00
Tatar Investment for Servicer Noted Above $690.00
INSPECTION AND TESTINQ
Caro Fire will schedule each inspection call so that all tasks will be performed using properly trained technicians,teak,and equipment required to provide ea
accurate and thorough analysis of the system identified above.
These team will be perfumed during nomad business hours,Monday through Friday between 8:Wam and 5:00pm.
Caw Fire will provide Customer with a Inspection Repo indicating that the tests have been performed and completed.
CUSTOMER ASSISTANCE DURING INSPECTION AND TESTWC
$The Customer will assist the Caw Fre Service Technician during unit Inspections(for access purposes).
X The Customers repmsibk for notifying the off site monitoring company prim to the inspection.
CLARIFICATIONS AND EXCLUSION$
The Subscriber and/or its designated repmmtallye acknowledge that the Subscriber bas MI responsibility for the operating condition of the fire protection system(s)
including its component parts at the time of inspection. The Subscriber acknowledges that the Contactor does not have any obligation to comet any deficiencies
Contractor has Identified in report and Subscriber shall have full responsibility for corrections for any such deficiencies,During inspection work in Subaaibeds
building,Contractor representative may have soloed items on the fie protection system(s)that may mad father investigation.These items are not part of the acme(
NFPA Standards inspection,testing,or maintenance functions,but Contractor is providing Subscriber with notice of these concerns as a courtesy.This does not
constitute or represent that Contactor has performed a full analysis of fare protection system(s)in this building and these may be other items of concern that
Canracter has not identified that am beyond the scope of NAPA inspection standards.
All areas and system equipment must be accessible to inspectm(s)at time of scheduled inspection.Proposal prising is based upon a continuous work schedule,
remobi0utloe for any inaccessible areas and/or ecctpment will be cause for a minimum$250.00 msoobitiratlw fee per return hip.
Canadatkm within 48 hours of a scheduled appoint any incur a late cancelation fee of$250.00.
Pricing is based on concurrent performace ofofproposed services.
tat S.ao/rrz�rr Subscriber:
Joim McKenzie Name:
Tvsperlom&Service Saks TIW:
Coxa Ore Protection,Inc. Date:
Mobile:92$.260.0012
Email:jmckwale®wawfre.com
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