HomeMy WebLinkAboutC-5864 - Service Agreement for Inspection, Evaluation and Repair of Fire Turnout GearJ
> SERVICE AGREEMENT
I� WITH TURNOUT MAINTENANCE COMPANY, LLC FOR
INSPECTION, EVALUATION AND REPAIR OF FIRE TURNOUT GEAR
THIS SERVICE AGREEMENT ( "Agreement") is made and entered into as of this
19th day of June, 2014 ( "Effective Date "), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ( "City'), and TURNOUT
MAINTENANCE COMPANY, LLC, a California limited liability company ( "Contractor"),
whose address is 7734 Garden Grove Boulevard, Westminster, CA 92683, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the City charter.
B. City desires to engage Contractor to provide inspection, evaluation and repair
services of Fire Department turnout gear ( "Project ").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the inspection, evaluation and repair services described in
this Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on May 31, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference
( "Services" or "Work "). As a material inducement to City entering into this Agreement,
Contractor represents and warrants that Contractor is a provider of first class work and
Contractor is experienced in performing the Work contemplated herein and, in light of
such status and experience, Contractor covenants that it shall follow the highest
industry standards in performing the Work required hereunder and that all materials will
be of good quality. For purposes of this Agreement, the phrase "highest industry
standards" shall mean those standards of practice recognized by one or more first -class
firms performing similar work under similar circumstances.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Contractor to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except
as otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable
items, shall not exceed One Hundred Thousand Dollars and 00/100 ($100,000.00),
without prior written amendment to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and /or
classification of employee who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
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4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Richard Spining to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously fumish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Fire Department. City's Assistant
Fire Chief or designee shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
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manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractors presence or
activities conducted on the Project (including the negligent and/or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
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sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractors employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
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13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint- venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50 %) or more of the voting power or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall 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 to Contractor under this Agreement.
20. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
22. CONFLICTS OF INTEREST
22.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
22.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
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23. NOTICES
23.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
23.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Chip Duncan, Assistant Fire Chief
Fire Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
23.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Richard Spining
Turnout Maintenance Company, LLC
7734 Garden Grove Blvd.
Westminster, CA 92683
24. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
25. TERMINATION
25.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
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party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
25.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
26. LABOR
26.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ( "FLSK) (29 USCA § 201, et seq.).
26.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
26.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
26.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and /or regulations. This
obligation shall survive the expiration and /or termination of the Agreement.
27. STANDARD PROVISIONS
27.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
27.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
27.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
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27.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
27.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
27.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
27.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
27.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
27.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
27.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
27.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
27.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Turnout Maintenance Company, LLC Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aa n. Harp
0
City torney
ATTEST:
Date: �• Z'
oma,
By: A&,-
bMj::—=
Leilani I. Brown
City Clerk
\4 J L":A
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: tr11?\\ac
Dave Kiff
City Manager
CONTRACTOR: Turnout Maintenance
Company, LLC, a California limited
liability company
Date:
By:
Joseph A. Sposato
President
Date:
By:
Richard Spining
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Turnout Maintenance Company, LLC Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aa o C. Harp
Cit ttorney 1t1
ATTEST:
Date:
LZA
Leilani 1. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Dave Kiff
City Manager
CONTRACTOR: Turnout Maintenance
Company, LLC, a California limited
liability company,
Date: C
By: - —
Jos ph A. Sp sato
President
Date: OG L//,l/y
By:
char pi
Vice Presi
[END OF SIGNATURES]
Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
Exhibit C – Insurance Requirements
Turnout Maintenance Company, LLC Page 11
EXHIBIT A
SCOPE OF SERVICES
1. Contractor shall provide documentation to the City of Newport Beach that it
complies with the then current edition of the National Fire Protection Association
(NFPA) 1851, Standard on Selection, Care, and Maintenance of Protective
Ensembles for Structural Fire Fighting and Proximity Fire Fighting ( "Standard
1851 "), Chapter 11 "Verification."
2. Contractor shall provide evidence to the City of Newport Beach that it operates
as a Verified Independent Service Provider (ISP) and is listed with a certified
verification authority in accordance with Standard 1851. The listing shall contain
the repair categories that the Contractor /ISP is verified to conduct. Repair
categories shall be: garment outer shell repairs, garment moisture barrier repairs,
and garment thermal barrier repairs. Contractor shall maintain current Verified
ISP status and shall provide the City's Project Administrator or designee with
evidence of current Verified ISP status. See Attachment 1 to this Scope of
Services for evidence of Test Verification of Conformity through Intertek.
3. Contractor shall provide:
3.1 Inspection, repair, and alteration /modification of personal protective
ensembles or ensemble elements in full compliance with standards set
forth in Standard 1851 (current version);
3.2 A report of findings of the advanced inspection shall be provided on each
inspected item to the City's Project Administrator or designee on an
inspection form; and
3.3 Inspection, repair, and alteration /modification of all structural firefighting
ensembles and ensemble elements shall be certified by an independent,
third -party certification organization to ensure the ensemble is in
compliance with the requirements of NFPA 1971, Standard on Protective
Ensembles for Structural Fire Fighting and Proximity Fire Fighting
( "Standard 1971 "); the item shall carry a statement on the product label
stating date of compliance, and the label, symbol or other identifying mark
of that certifying organization.
4. INSPECTION AND EVALUATION
4.1 All separable layers of the garment elements shall be individually
inspected for the following:
(1) Soiling
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(2) Contamination
(3) Physical damage to all layers, such as the following:
(a) Rips, tears, cuts, and abrasions
(b) Damaged or missing hardware
(c) Thermal damage (charring, burn holes, melting, discoloration of
any layer)
(4) Loss of moisture barrier integrity as indicated by any of the following:
(a) Rips, tears, cuts, or abrasions
(b) Discoloration
(c) Thermal damage
(5) Evaluation of system fit and coat/trouser overlap
(6) Loss of seam integrity and broken or missing stitches
(7) Loss of material physical integrity [e.g., ultraviolet (UV) or chemical
degradation] as evidenced by discoloration, significant changes in
material texture, loss of material strength, loss of liner material, and
shifting of liner material
(8) Loss of wristlet elasticity, stretching, runs, cuts, or burn holes
(9) Reflective trim integrity, attachment to garment, reflectivity, or
damage
(10) Label integrity and legibility
(11) Hook and loop functionality
(12) Liner attachment systems
(13) Closure system functionality
(14) Accessories for compliance with Standard 1851, Section 4.2.3
(15) Correct assembly and size compatibility of shell, liner, and drag
rescue device (DRD)
5. Requirements for All Ensembles and Ensemble Elements
5.1 All repairs and alterations to the ensemble or ensemble element shall be
done in a manner and using like materials and components that are
compliant with Standard 1971.
5.2 Due to the different methods of construction, the ensemble or ensemble
element manufacturer shall be contacted if the Contractor is unsure of
whether a repair can be accomplished without adversely affecting the
integrity of the ensemble or ensemble element.
5.3 Replacement interface components shall be installed in a manner
consistent with the ensemble or ensemble element manufacturer's method
of construction.
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6. Requirements for Basic and Advanced Garment Element Repair.
6.1 All repairs and alterations shall be performed in the same manner and
using like materials as the garment element manufacturer, including, but
not limited to, fabric, thread type, seam construction, hardware, and
hardware backing, unless approved by the garment element
manufacturer.
6.2 Repairs shall be made to all components and to all layers of the composite
that have been damaged or that have been affected by the repair.
6.3 Repairs of minor tears, char marks, ember bums, and abraded areas shall
be limited to those where the damaged area can be covered by a
maximum 32 cm2 (5 in.2) patch of the same material that is compliant with
Standard 1971.
6.4 The finished edges of the patch shall extend at least 25 mm (1 in.) in all
directions beyond the damaged area.
6.5 To prevent fraying, the patch shall have no raw edges. Where tears,
holes, or abrasions are being repaired, the damaged areas shall be
mended using flame- resistant (FR) thread that is compliant with Standard
1971.
7. Additional Requirements for Advanced Garment Element Repair
7.1 Repairs to garment thermal liners shall be permitted provided there is no
stitching through the moisture barrier.
7.2 Due to labeling requirements, as well as the complexity and specialized
equipment needed to replace entire garment element component layers
(e.g., the outer shell), moisture barrier, or thermal liner, only the garment
element manufacturer or the garment element manufacturer's designated
verified ISP shall replace entire garment component layers.
7.3 Repairs to Major B seams in the thermal liner that do not affect any
moisture barrier material shall be permitted.
7.4 All repaired stress areas shall be reinforced in a manner consistent with
the garment element manufacturer's methods.
7.5 Replacement zippers shall be installed in a manner consistent with the
garment element manufacturer's method of construction. If the complexity
of the repair is uncertain, the garment element manufacturer shall be
consulted.
Turnout Maintenance Company, LLC Page A -3
7.6 Replacement hook - and -loop fastener tape shall be installed in a manner
consistent with the garment element manufacturer's method of
construction. If the complexity of the repair is uncertain, the garment
element manufacturer shall be consulted.
8. City shall contact Contractor to request services. For each request, Contractor
shall provide a letter proposal indicating the number of turnouts to be serviced,
the types of service(s) being performed and an itemized listing of costs
associated with the service(s) provided.
9. Work shall not commence without prior written approval and acknowledgment of
Contractor's letter proposal by the City.
10. Contractor shall coordinate with the City's Project Administrator or designee to
pick up turnouts in need of service. Upon completion of Work, Contractor shall
deliver turnouts to the City's designated contact.
10.1 Contractor shall make every effort to complete the inspection and repair of
turnouts within three to four (3 -4) business days. This prescribed deadline
is exclusive of pickup and delivery times.
10.2 Contractor shall make every effort to complete the modification of turnouts
within three to four (4) weeks, after receipt of turnout.
11. Services provided in accordance with this Agreement shall be performed in a
professional and workmanlike manner, consistent with industry, state, local,
federal and NFPA Standards and utilizing materials consistent with industry
standards.
12. The work product shall comply with all specifications and acceptance criteria set
forth in the relevant Purchase Orders or written authorizations from the City and
be substantially free from defects in material and workmanship.
Turnout Maintenance Company, LLC Page A -4
ATTACHMENT
w
Test Verification of Conformity
Applicant Name & Address
Turnout? Maintenance
7734 Garden Grove Blvd.
Westminster, CA 92683
Repair category Tested
a
Outer Shell
Thermal Liner
WL Gore Crosstech 2 Layer Type 2C Moisture
Barrier
Sample(s) Condition
Production
Sample(s) Receive Date
1123/2012-3105/2012
Relevant Standards) /Specification(s)
NFPA 1851 Standard on Selection, Care, and
Maintenance of Protective Ensembles for
Structural Fire Fighting and Proximity Fire
Fighting 2008 Edition Section 11
Verification Issuing office Name &
Intertek
Address
3933 US Route 11
Cortland, NY 13045
Date of Test(s)
3122!2012- 5/3112012
Inspection Date(s)
5/31/2012
-Verification/Report t Number(s)
G100667607CRT -001
On the basis of the tests undertaken, the sample(s) of the above product have been found to
comply with the essential requirements of the referenced specifications at the time the tests were
carried out.
Date 12/28/2012
Stacy Klausing
PPE Engineer
NOTE : This verification Is part of the full test report(s) and should be read in conjunction with it.
This Verifiraean is for Me exduav use a hibetWo Diann and is aroebled prison[ to Me agreement beGeen Mantel, and it Dent Inistore rasponstility and liability are Amned to the /ems and
rondifi., or Me agaenunt loastak auumes no liability is any parry, Other Man M the Ctienl in accordance wJh Me agreena , to, any loss, is,,.w or damage occ "Oned by Me use of Mis
VeMCabon. only Me Uentt5 authorized to pe nit waybill wdkMbullon of. this Vie fication. Any use of Me Intenek name w one a no marks far Me gale a,.&OASement of Me tested ne.dal, '.dud
w... must first ire approved in'wmiy by lntertak. The obser,nds. and+csaba"caon r.O N in ieli rend fmm Mis Verifi-tlm are relevant Only to Me sa s,b , lesratlRnapeGad. rho Verifi�lfon
by itself does not imply Mat Me m Mead, product. w a.M. is a, has oOn been Under an rmedek certification pogrom
EXHIBIT B
SCHEDULE OF BILLING RATES
PANTS 1$5.00 PER INSPECTION
GLOVE STRAP ATTACHED TO LEFT CARGO POCKET
$13.00 EACH
PELICAN 3715 FLASHLIGHT HOLDER
$14.00 EACH
G & L DEPARTMENT NAME PANEL
$30.00 EACH
G & L FIREFIGHTER NAME PANEL
$30.00 EACH
LEATHER CHANNEL LOCK POCKET INSIDE SCBA MASK POCKET @ A $22.00 EACH
45 DEGREE ANGLE
BELT LOOPS OCFA SPEC. TOTAL OF 4 PER PANT
G &L FIREFIGHTER NAME PANEL ONE PER LEG
TRIM — REPLACE SCOTCHLITE
FT.
TRIM — TRIPLE TRIM OR REFLEXITE
REPLACE VELCRO ON STORM FLAP $30.00
REPLACE ZIPPER $30.00
5.00
REPLACE CUFF $15.00
REPLACE WATERWELL $15.00
REPLACE ELBOW / SHOULDER PATCH $15.00
ALTERATIONS — SHORTEN COAT SLEEVES $50.00
IIY� -I
1" — 4"
5,. — g„
TRIM — REPLACE SCOTCHLITE
TRIM — TRIPLE TRIM OR REFLEXITE
FT.
Turnout Maintenance Company, LLC Page B -1
TRIM AROUND BOTH LEGS - REPLACE SCOTCH LITE
TRIM AROUND BOTH LEGS - REPLACE TRIPLE TRIM OR REFLEXITE
ZIPPER
1 REPLACE VELCRO ON FRONT FLAP 1 $20.00
REPAIR LINER (MOISTURE OR THERMAL)
ALTERATIONS — SHORTEN PANTS LEGS $40.00
ALTERATIONS — DECREASE WAIST $50.00
ALTERATIONS — LENGTHEN OR INCREASE WAIST $60.00
REPLACE KNEE PATCH /CUFF PATCHFS- 1 " -4"
NAME PANELS — VELCRO TAILPATCH $10.00
RADIO POCKETS — NOMEX $35.00
RADIO POCKETS — PBI $40.00
CARr.0 PnrvP:TR - Ninmr -X Ran nn
V11 'VV I VVFx"I V - rUl WJV.VV
BREATHING APPARATUS POCKETS - NOMEX $40.00
BREATHING APPARATUS POCKETS — PBI $50.00
KEVLAR UTILITY BELTS $80.00
GLOVE HOLDERS $15.00
Irm-
TURNOUT
POCKET
PANT
COAT
PROXIMITY PANT
$50.00
HELMET
$10.00
GLOVES
$10.00 1PAIR
BOOTS
$10.00 1PAIR
REMOVAL OF HEAVY GREASE & TAR 1 $15.00
REPLACMENT OF MISSING OR DEFECTIVE HOOKS, D- RINGS, SNAPS, NO CHARGE
BUTTONS, SEAMS RESTITCHED AND SMALL PATCHES
Turnout Maintenance Company, LLC Page B -2
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE /REPAIRMANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract) with no endorsement or modification
limiting the scope of coverage for liability assumed under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Turnout Maintenance Company, LLC Page C -1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, shall
provide or be endorsed to provide that City and its officers, officials,
employees, and agents shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
Turnout Maintenance Company, LLC Page C -2
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
F. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non - Compliance If Contractor or any sub -
consultant fails to provide and maintain insurance as required herein, then
City shall have the right but not the obligation, to purchase such
insurance, to terminate this Agreement, or to suspend Contractor's right to
proceed until proper evidence of insurance is provided. Any amounts paid
by City shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Turnout Maintenance Company, LLC Page C -3
judgment may be necessary for its proper protection and prosecution of
the Work.
Turnout Maintenance Company, LLC Page C -4