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HomeMy WebLinkAboutCosco Fire Protection, Inc - Contract - Tower Theater Fire Alarm 12500940 - 12-03-24L UUUJIyII CI IVCIUFIC ILJ. L/'i/MJ�VJ-DGUU-'t0LU-M0U%1- 1.7�VUM:JUJLrC CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT (Contract) is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and Cosco Fire Protection, Inc., a California corporation (Contractor) as follows: 1. Contract Documents. The "General Conditions," Insurance Requirements," and "Scope of Work" for the following: Tower Theater Fire Alarm System Installation (12500940) copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of One Hundred Sixty Nine Thousand Two Hundred Dollars and Zero Cents $169 200.00 , as set forth in the Bid Proposal, the Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City's "Engineer," and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. The City accepts the Contractor's Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law, the Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses, and costs to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Contract. The Contractor's obligations under the preceding sentence shall apply regardless of whether the City or any of its officers, officials, employees, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of the City or any of its officers, officials, employees, agents, or volunteers. If the Contractor should subcontract all or any portion of the work to be performed under this Contract, the Contractor shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. GSD-B Informal Bid Contract —PWI (04-2024) -1- ?492250 LJUuUWY11 CIIVCIupJ ILJ. U'4/MJ.7'4:J-OCV.7-V�LV-MOVl..-1.7000HULJJGrC 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker's Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. [Signatures follow on the next page.] GSD-B Informal Bid Contract —PWI (04-2024) iym 3492250 UUUUDnJ.II CIIVCIUiJC ILl. U4l MJyY:J-O CU.7-''FOGU-MOUlJ- I. DUUM:/VJGrC IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of the Contractor's, and this Contract shall be binding and effective upon execution by both parties. Cosco Fire Protection, Inc., a California core arrq�iq -� by: LTa Ham.By Ted Hanson Name: (Type or print written signature) Title: President (If corporation or LLC., Board Chair, Pres., or Vice Pres.) Dated-11/20/2024 by: By:LSIgned ° Name: Roger Jump (Type or print written signature.) Title: vP, secretary/Treasurer (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Dated:11/21/2024 Consultant Address: Cosco Fire Protection, Inc. Attention: John Vencill 4233 W. Sierra Madre, Ste. 108 Fresno, CA 93722 Phone: (559) 275-3795 E-mail: jvencill@coscofire.com Attachments: Exhibit A Exhibit B Exhibit C GSD-B Informal Bid Contract —PWI (04-2024) CITY OF FRESNO, a CalifgrNaerIbunicipal corporation By: Nl.c,lissa �t,V'a�,c,S Melissa erales Purchasing Manager General Services Department Dated: 11/21/2024 APPROVED AS TO FORM: ANDREW JANZ City At o e ,y Su.��t,wta. n, S , �t,t�,t V , 12 /3 /2024 By: Su qhrrlantl .-Sekhon Date Deputy City Attorney ATTEST: TODD STERMER, CMC It rby: 12/3/2024 By: Deputy Date City address: City of Fresno Attention: Melissa Perales, Purchasing Manager 2101 G Street, Bldg. A Fresno, CA 93706 Phone: (559) 822-1157 E-mail: melissa.perales@fresno.gov -3- 3492250 L/UUUDIY11 CIIVCIUpu [Li. UY/MJ.7'+:1-OCU�-'-F�L V-MOUIJ-I�OVVFI:I L/JLrC EXHIBIT A General Conditions 1. DEFINITIONS: Wherever used in the Specifications, including the Instructions to Proposers, the proposal, or any of the Contract Documents, the following words shall have the meaning herein given, unless the context requires a different meaning. (a) "City" and "City of Fresno" shall each mean the City of Fresno, CA, unless otherwise indicated. (b) "City Manager" shall mean the City Manager of the City of Fresno. (c) "Contract" and "Contract Documents" shall each mean and refer to these Specifications, including the Instructions to Proposers, the proposal and any addenda thereto, the Contract and all City of Fresno specifications, and other papers and documents incorporated by reference into or otherwise referred to in any of the foregoing documents, whether or not attached thereto. (d) "Contractor" shall mean each person or entity awarded a Contract hereunder and named or to be named in the Contract with the City of Fresno to furnish the goods or services, or both, to be furnished under the Contract. (e) "Council" and "City Council" shall each mean the Council of the City of Fresno (f) "Proposer" shall mean each person or entity submitting a proposal, whether or not such person or entity shall become a Contractor by virtue of award of a Contract by the City. (g) "Purchasing Manager" shall mean the Purchasing Manager of the City of Fresno. (h) "Specifications" shall mean the Contract Documents. Z DELIVERY OF SERVICES- If Contractor is delayed providing services by (i) any acts or omissions of City or its employees, or others acting under authority of City by contract or otherwise, (ii) acts of God which Contractor could not reasonably have foreseen and provided for, (iii) illegal strikes, boycotts or like illegal obstructive action by employee or labor organizations, or (iv) any illegal general lockouts or other defensive action by employers, whether general or by organizations of employers; Contractor shall have no claim for damages against City for any such cause of delay, but shall be entitled to an extension of time as will reasonably compensate Contractor for actual loss of time occasioned thereby. Contractor may apply to the Purchasing Manager for such extension. However, no such extension of time shall be granted unless Contractor shall have notified the Purchasing Manager, in writing, within one week after the commencement or occurrence of the condition or event which is expected to cause a delay in delivery, of such condition or event and the actual or estimated number of days of delay anticipated on account thereof. The decision of the City Manager as to the number of additional days, if any, to be allowed for completion of delivery on account of such condition or event, will be given in writing to Contractor. 3. TERMINATION FOR CONVENIENCE: The City reserves the right to terminate this Contract for any reason, upon sixty (60) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory service performed to the date of termination. 3492250 LjuuubIIy.II CIIVCIluptJ IU. UVlMJ.7VJ-DCU.7-V DLU-MOUlJ-1.7 DUU/1:1UJLrC 4. TERMINATION FOR CAUSE: a. If the Contractor shall fail to complete delivery, within the time or times specified herein, of all or any part of the materials, equipment, supplies or services to be provided under the Contract, the City Manager of the City of Fresno or his or her designee, acting for and on behalf of the City, may at any time after the expiration of the time for cure, terminate the Contract as to the whole thereof, or in the event partial delivery has been made and accepted, as to such of the items or service to be furnished which have not been delivered or accepted prior to such termination. b. The City may terminate this Contract if the Contractor materially breaches any of its obligations under this Contract and fails to commence and diligently pursue reasonable efforts to cure such breach within fifteen (15) days after written notice by the City specifically describing the breach. C. Such termination shall be effective upon receipt by Contractor of written notice of termination from said City Manager or his or her designee, which notice shall be deemed to have been received by Contractor, if mailed by certified mail, within forty-eight hours to Contractor's address as contained in the proposal to the City or, if personally delivered, upon the delivery thereof to Contractor, the authorized representative of Contractor, or to the Contractor's said address. 5. CONTRACT DOCUMENTS: Upon award of the Contract, the Contractor shall execute and submit all required documents to the Purchasing Manager, 2101 G Street, Bldg. A, Fresno, California 93706, in a form acceptable to the City of Fresno within fifteen (15) calendar days (except in the event federal funding is applicable to this Contract, then 10 working days) from the date of the Notice of Award. Failure to provide said documents within the designated period shall be sufficient cause to initiate a City departmental recommendation for City to award the Contract to another proposer. 6. PERFORMANCE BOND: Throughout the life of this Contract, the Contractor shall pay for and maintain in full force and effect a Faithful Performance Bond from a corporate surety, admitted by the California Insurance Commissioner to do business in the State of California, in the amount of $XX. IF APPLICABLE this bond is to be renewed annually. 7. PRECEDENCE OF CONTRACT DOCUMENTS: The order of precedence of documents shall be: (1) Rules and Regulations of Federal Agencies relating to the source of funds for this project; (2) Supplemental Agreements, Change Orders, or Contract the one dated later having precedence over another dated earlier; (3) Special Conditions; (4) General Conditions; (5) Scope of Work. Whenever any conflict appears in any portion of the Contract, it shall be resolved by application of the order precedence. 8. FEDERAL IMMIGRATION REFORM AND CONTROL ACT OF 1986: As a material part of any contract for a City of Fresno project, every Contractor who has employees who will work on a City of Fresno project, is required to comply with all of the provisions of the Federal Immigration Reform and Control Act of 1986 (P.L. 99-603, 100 Stat. 3359). This requirement includes compliance with all of the employee documentation provisions. Furthermore, the Contractor will make any employee documentation required to comply with the Act immediately available to the City upon its request for each individual employee working on a City of Fresno project. 9. WORKMANSHIP GUARANTY: The workmanship of the services to be performed for the City by the Contractor will be in accord with the Specifications and where not specified, in accord with generally accepted standards. 3492250 VUUUJIIY.II CIIvt-luyC IU. U'4/MJ_­Y:1-DCUU-4DLU-MOUI­ IUODUMUUJLrG 10. ALTERATION OF TERMS: No alterations or variations of the terms of this Contract shall be valid unless made in writing and signed by both parties. 11. CONTRACT CHANGES: No changes or modifications to the Contract shall be made unless agreed to and signed by both parties. No prior, current or post award verbal agreement or agreements with any officer, agent or employee of the City shall affect or modify any terms or obligations of these Specifications or any Contract resulting from this procurement. 12. AMENDMENTS: The City of Fresno reserves the right to add, modify, or delete service from the Contract including Special Conditions or Scope of Work. Any changes shall be made by means of a signed by both the City and Contractor. 13. ASSIGNMENT: The Contract is personal to the Contractor and there shall be no assignment, transfer, sale, or subcontracting by the Contractor of its rights or obligations under the Contract without the prior written approval of the City. Any attempted assignment, transfer, sale or subcontracting by the Contractor, its successors or assigns, shall be null and void unless approved in writing by the City. 14. TERMINATION BY CITY FOR NON -APPROPRIATION: In the event of non -appropriation relating to the Contract, City shall have the right to terminate the Contract at the end of any fiscal year of City, in the manner and subject to the terms specified in this paragraph. City shall endeavor to give written notice of such termination not less than sixty (60) days prior to the end of such fiscal year, and shall notify Contractor of any anticipated termination. For purposes of this paragraph, "fiscal year" shall mean the twelve month fiscal period of City which commences on July 1 in every year and ends on the following June 30. For purposes of this paragraph, "non -appropriation" shall mean the failure of the City or City's governing body to appropriate money for any fiscal year of City sufficient for the continued performance of the Contract by City. 15. INDEPENDENT CONTRACTOR: In the furnishing of the services provided for herein, the Contractor is acting as an independent contractor. Neither the Contractor, nor any of its officers, associates, agents or employees shall be deemed an employee, joint venturer, partner or agent of the City for any purpose. However, the City shall retain the right to verify that the Contractor is performing its respective obligations in accordance with the terms of the Contract. Because of its status as an independent contractor, Contractor and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to City employees. Contractor shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, Contractor shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Contractor's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to City or to this Agreement. 16. GOVERNING LAW AND VENUE: The Contract shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of 349225vl L/VUUt'lYlI CIIVCIUFIC IU. L./4//'1J�V:J-O CUS-'-F�LV-f10Ul+-I�OUVMJ VJLrG laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of the Contract and any rights and duties thereunder shall be Fresno County, California. 17. COMPLIANCE WITH LAW: In providing the services required under the Contract, Contractor shall at all times comply with all applicable laws of the United States, the State of California and the City of Fresno, and with all applicable regulations promulgated by Federal, State, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of the Contract. 18. SEVERABILITY: The provisions of the Contract are severable. The invalidity or unenforceability of any one provision in the Contract shall not affect the other provisions. 19. INTERPRETATION: The Contractor acknowledges that the Contract in its final form is the result of the combined efforts of the parties and that, should any provision of the Contract be found to be ambiguous in anyway, such ambiguity shall not be resolved by construing the Contract in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning. 20. ATTORNEY'S FEES: If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of the Contract, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 21. EXHIBITS: Each exhibit and attachment referenced in the Contract is, by the reference, incorporated into and made a part of the Contract. 22. MAINTENANCE OF RECORDS: Records of Contractor pertaining to the services hereunder shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives upon request during regular business hours throughout the life of the Contract and for a period of three years after final payment and for the period of time required by law. In addition, all books, documents, papers, and records of Contractor pertaining to the Contract shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. This section shall survive expiration or termination of the Contract. 23. NOTICES: Any notice required or intended to be given to either party under the terms of this Contract shall be in writing and shall be deemed to be duly given if delivered personally or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of the Proposal in the case of the Contractor and at the address in the Special Conditions for mailing of invoices in the case of City, or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 24. BINDING: Subject to Section 15 of these General Conditions, once this Contract is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 25. WAIVER: The waiver by either party of a breach by the other of any provision of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Contract. No provisions of this Contract may be waived unless in writing 3492250 Vuuu'JIIy. II CI IV CIVFIC ILI. L).+I I.'7DVVM:1VJLrC and signed by all parties to this Contract. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 26. CUMULATIVE REMEDIES: No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. NO THIRD PARTY BENEFICIARIES: The rights, interests, duties and obligations defined within this Contract are intended for the specific parties hereto as identified in the preamble of this Contract. Notwithstanding anything stated to the contrary in this Contract, it is not intended that any rights or interests in this Contract benefit or flow to the interest of any third parties. 28. EXTENT OF AGREEMENT: Each party acknowledges that they have read and fully understand the contents of this Contract. This Contract represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Contract may be modified only by written instrument duly authorized and executed by both City and Contractor. 29. HEADINGS: The section headings in this Contract are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Contract. 30. LABOR REQUIREMENTS: The following non -Federal Labor -Standards Provisions, including the following provisions concerning maximum hours of work, minimum rates of pay, and overtime compensation, with respect to the categories and classifications of employees hereinafter mentioned are included in this contract pursuant to the requirements of applicable State or Local laws, but the inclusion of such provisions shall not be construed to relieve the Contractor or any subcontractor from the pertinent requirements of any corresponding Federal Labor -Standards provisions of this contract. In case the minimum rates of pay set forth below shall be higher than the minimum rates of pay required by or set forth in the Federal Labor -Standards Provisions of this contract for corresponding classifications, the minimum rates of pay set forth below shall be deemed, for the purpose of this contract, to be the applicable minimum rates of pay for such classifications. The limitations, if any, in these non -Federal Labor Standards Provisions upon the hours per day, per week or per month which employees engaged on the work covered by this contract may be required or permitted to work thereon shall not be exceeded. This project is subject to the payment of prevailing wages. Schedule of Prevailing Rate of Wages and Salaries is established pursuant to Sections 1770 to 1780, inclusive, of the Labor Code of the State of California and/or Section 1(b) of the United States Labor Code. Copies of the wage rates may be obtained at the Office of Construction Management, 1721 Van Ness, Fresno, CA 93721, at (559) 621-5600. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 This contract is subject to all terms and conditions of the OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970, the California Occupational Safety and Health Act, and their present and future amendments. Contractor expressly assumes responsibility for compliance therewith and warrants that all materials, supplies and equipment provided or installed pursuant to this contract, whether provided by the Contractor, subcontractor, or a supplier, fully satisfy the requirements of said Acts. Contractor shall, upon insertion in each contract with a subcontractor or supplier of a clause by which the subcontractor or supplier warrants such compliance, be relieved of responsibility for compliance by the subcontractor or supplier. 3492250 LJUUUbl II CIIVCIUPU ILl. L/'*/I UDUVMJUJGrC Immi ration Reform and Control Act of 1986 As a material part of any Contract for a City of Fresno project, every Contractor who has employees who will work on a City of Fresno project, is required to comply with all of the provisions of the Federal Immigration Reform and Control Act of 1986 (8 U.S.C.S Section 12550 (LexusNexus 2006)). This requirement includes compliance with all of the employee documentation provisions. Furthermore, the Contractor will make any employee documentation required to comply with the Act immediately available to the City upon its request for each individual employee working on a City of Fresno project. Penalties for Under -Payment of Wages, Penalties for Violation of Eight Hour Day, Employment of Apprentices, and Payroll and Basic Records shall be governed by the Labor Code of the State of California. 3492250 UUUUwylI CI Ivulupu IU. U'+I I uotjum:)UJLrC EXHIBIT B Insurance Requirements 349225v1 LIUUUJIIy.II GIIVCIUpt, ILl. U�4lMJ.7'4J-�GU�-4�GU-MOUI.-I��VUMJL/JGrC INSURANCE REQUIREMENTS (a) Throughout the life of this Agreement, CONTRACTOR shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, CONTRACTOR or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONTRACTOR shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONTRACTOR of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by CONTRACTOR shall not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY 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. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONTRACTOR, vendors, suppliers, invitees, contractors, sub -contractors, subcontractors, or anyone employed directly or indirectly by any of them. Coverage shall be at least as broad as: The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non -owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance." 3492250 L/VVUJIIJ.II CIIVCIUPU IL/. I �DULVAJUJGrC 1. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non - owned automobiles or other licensed vehicles (Code 1- Any Auto). 2. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. MINIMUM LIMITS OF INSURANCE CONTRACTOR shall procure and maintain for the duration of the contract insurance with limits of liability not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation Insurance as required by the State of California with statutory limits and EMPLOYER'S LIABILITY with limits of liability not less than: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. UMBRELLA OR EXCESS INSURANCE In the event CONTRACTOR purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF -INSURED RETENTIONS 349225vl LJUUUJIIJ.II CIIVCIUpC ILJ. U'4/I U 0UU/1JUJLrC CONTRACTOR shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONTRACTOR shall also be responsible for payment of any self -insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS (i) All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non -renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice has been given to CITY, except ten (10) days for nonpayment of premium. CONTRACTOR is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non -renewal, or reduction in coverage or in limits, CONTRACTOR shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONTRACTOR shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than seven (7) calendar days following to the expiration date of the expiring policy. (ii) The Commercial General and Automobile Liability insurance policies shall be written on an occurrence form. (iii) The Commercial General and Automobile Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees and volunteers as an additional insured for all ongoing and completed operations. The Commercial General endorsements must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. (iv) The Commercial General and Automobile Liability insurance shall contain, or be endorsed to contain, that the CONTRACTORS' insurance shall be primary to and require no contribution from the City. These coverages shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. (v) If CONTRACTOR maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by CONTRACTOR. (vi) Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. (vii) All policies of insurance shall contain, or be endorsed to contain, a waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers. 349225v1 L)UL;UWY II CI IVCIUptC ILI. U'4I M-3Z"L)-0CU.'7-HD4U-M0LA­ IV0VUM:)L/JLrC PROVIDING OF DOCUMENTS CONTRACTOR shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required herein All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non -ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONTRACTOR shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of CONTRACTOR shall also be required to provide all documents noted herein. SUBCONTRACTORS If CONTRACTOR subcontracts any or all of the services to be performed under this Agreement, CONTRACTOR shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, CONTRACTOR will be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. 3492250 L/UI:UDl1�f.lI CIIVCIVFJC IU. U'i/MJ.7'F:J-OCV.7�iDLV-MOVli-1.7 DUU/YUUJGrC EXHIBIT C Scope of Work 349225VI UVUUJIyll CIIVCIUFIC IV. UYl MJ�Y:J—O CU.7—Y�G V—MOUI�—I��VVM:lVJGrG WSW ••• Fire Protection i 11 :' SF; ., _ I Iv c_. !� 1 'll ti if, . .'�i�', .•is.. ,. September 19, 2024 REFERENCE: City of Fresno — Tower Theater SUBJECT: Fire alarm system installation Cosco Fire Protection is pleased to submit this proposal to install the fire alarm system per the scope of work listed below. The proposal is based off the following drawings and specifications. Drawings: Design build system Specs: N/A Design work: $15,200.00 Installation: $154,000.00 Total: $169,200.00 Scope of Work: Fire alarm system design work o Provide schematic design drawings o Provide 100% construction drawings o Provide fire alarm product submittals and specifications to CD set o Provide fire alarm operation and maintenance manuals o Provide fire alarm zone maps o Provide fire alarm as -build drawings o Provide fire alarm record of completion and inspection reports Provided by Cosco Fire: o Provide and install listed items in bill of material o Provide and install conduit system to box office area, outside of building o Provide and install conduit system to restaurant area, outside of building o Provide and install conduit system in electrical and mechanical rooms as needed o Provide monitoring points for the following systems: • Automatic fire sprinkler system • Hood suppression system o Provide control points for the following systems, final connections by others: • Fire/smoke dampers, one circuit to control • Fire roll down door release, two existing at stage • Lighting and audio emergency shunt, provided at operators control station o Provide labor to build out fire alarm control panels o Labor to program installed fire alarm system o Labor for pre -testing of installed fire alarm system o Labor for final acceptance testing o One year warranty on installation and material Provided by others: o Installation of required 120vac circuits, one circuit required at fire alarm control panel o Site and building abatement, if needed o Repair and/or replacement of fire door roll downs at stage o Repair and/or replacement of fire/smoke dampers in building o Repair and/or replacement of hood suppression systems UUUUJII.4II CIIv GIUFJC IU. U'il Z7DUUf L)UJGrC Bill of Material: N16e PRE -CONFIGURED FIRE ALARM CONTROL PANEL N16 FIRE ALARM CONTROL PANEL, ENCLOSURE INTELLIGENT FIRE ALARM CONTROL PANEL; INCLUDES ONE SIGNALING 1 (ea.) N16E LOOP MODULE (318 DEVICES), 10" TOUCHSCEEN DISPLAY, 4 NAC'S, UNIVERSAL AC INPUT POWER SUPPLY AND ENCLOSURE. 1 (ea.) SLM-318 SIGNALING LOOP MODULE SUPPORTS 318 DEVICES PER LOOP MODULE. 1 (ea.) RLD REMOTE ANNUNCIATOR DISPLAY; 5" COLOR TOUCHSCREEN DISPLAY BATTERIES AND BATTERY CABINETS 2 (ea.) BAT-12260 BATTERY, 12VOLT, 26AH PS-12260 HONEYWELL CLSS COMMUNICATORS: MONITORING EXCLUDED (SEE FEES IN NET TAB) 1 (ea.) HON-CGW- CLSS GATEWAY, WITH ENCLOSURE (NOTIFIER LOCK AND CABLE KIT, MBB 50160636-001 SOLD SEPARATELY) 1 (ea.) 50160636- CLSS GATEWAY KIT. INCLUDES 30" NU CABLE AND NOTIFIER LOCK AND 001 KEY SET 1 (ea.) CCM-ATT- CLSS CELLULAR COMMUNICATION MODULE FOR ATT HON SYSTEM RECORDS DOCUMENT BOX (SRD) 1 (ea.) NF-FAD FIRE ALARM DOCUMENT CABINET WITH NOTIFIER LOCK WIRELESS: A site survey is REQUIRED on all new projects. NOTIFIER SWIFT GATEWAY WIRELESS SYSTEM GATEWAY FOR SWIFT WIRELESS SYSTEMS, WITH 3 (ea.) FWSG FLASHSCAN NOTIFIER SWIFT DEVICES, MODULES, NOTIFICATION 15 (ea.) NBG-12WL WIRELESS PULL STATION WIRELESS DETECTOR, PHOTO, WITH FLASHSCAN. REQUIRES B21OW BASE, 2 (ea.) FWD-200P ORDERED SEPARATELY. 2 (ea.) B21OW DETECTOR BASE FOR ALL WIRELESS SMOKE & HEAT DETECTORS 8 (ea.) FW-MM WIRELESS MONITOR MODULE, WITH FLASHSCAN 4 (ea.) FW-RM WIRELESS RELAY MODULE, WITH FLASHSCAN 42 (ea.) WAV-CRL SWIFT AV BASE CEILING, RED 11 (ea.) WAV-RL SWIFT AV BASE WALL, RED Strobes, FOR SWIFT WIRELESS 20 (ea.) SCRLED STROBE LED RED CEIL 4X4 4 (ea.) SRLED STROBE LED RED WALL 4X4 Horn/Strobes, FOR SWIFT WIRELESS 22 (ea.) PC2RLED HORN/STRB LED 2W RED CEIL 4X4 7 (ea.) P2RLED HORN/STRB LED 2W RED WALL 4X4 85 (hr.) SWIFTAdded Programming and Set-up INSPIRE REMOTE ANNUNCIATORS 1 (ea.) RLD REMOTE ANNUNCIATOR DISPLAY; 5" COLOR TOUCHSCREEN DISPLAY PERIPHERALS: INITIATING Intelligent Manual Pull Stations 3 (ea.) NBG-12LX ADDRESSABLE NBG-12L PULL STATION; WITH FLASHSCAN. Intelligent Detector Heads 951 Series: WHITE. "-IV" for IVORY FSP-951- SELF TEST INTELLIGENT ADDRESSABLE PHOTO DETECTOR; FLASHSCAN 1 (ea.) SELFT ONLY; WHITE; COMPATIBLE ONLY WITH THE NEW N16 PANEL Intelligent Bases: 951 Series White 1 (ea.) B300-6 INTELLIGENT FLANGED MOUNTING BASE; 6" INCH; WHITE Intelligent Duct Smoke Detectors W/O RELAY INNOVAIRFLEX INTELLIGENT DUCT DETECTOR, NON -RELAY, DOES NOT 1 (ea.) DNR L/uuuU lly.lI GI IVCIuptC IL/. I vouumu LlJLrG 1 (ea.) FSP-951R 1 (ea.) DST5 1 (ea.) FRM-1 1 (ea.) PR-1 1 (ea.) Sys Interface 1 (ea.) FDM-1 (1K 2 FT) 761360 2 (1K FT) 728110VNQ 2 (1K FT) 762380 REMOTE TEST CAPABLE INTELLIGENT PHOTO DETECTOR WITH FLASHSCAN; FOR USE WITH DNR(W) DUCT DETECTOR HOUSING; WHITE INNOVAIRFLEX SAMPLING TUBE, STEEL, S'WITH HOLES Duct Smoke Detector RELAY MODULE ADDRESSABLE RELAY MODULE WITH FLASHSCAN; PROVIDESTWO FOR M-C DRY CONTACTS THAT SWITCH TOGETHER. RELAY, SPDT, MULTIVOLT, 24VDC, 24/115VAC SPECIAL INITIATING AUXILIARY INTERFACE FUNCTIONS MONITORING (Auxiliary Systems/Equipment/Switches are FBO) Flow & Tamper Switch Dual Interface AUXILIARY INTERFACE TOTALS: INPUT MODULES ADDRESSABLE DUAL MONITOR MODULE; WITH FLASHSCAN, TWO CLASS B CIRCUITS. WIREAND CABLE SLC 16/2 SOLID FPLP UTP 16/2 SOLID OUTDOOR ANN 18/4 SOLID FPLP (4 WIRE BUS) L/UUUJIyjI CI IVUluyC ILl. L1`'F//'1J.`7�FJ-OCU.�7-4�LV-MOVl�- I Z;DVUMJL/JGI-G Exclusions: • Over stamping and review from electrical engineer and/or architect, if required • Provision and installation of required 120vac circuits • Provision and installation of automatic fire sprinkler system switches • Provision and installation of automatic fire sprinkler bell • Central station monitoring • Fire patching of rated walls • Patching and painting of existing building features • Work outside of Cosco Fire Protection normal working hours(6:00am — 6:00pm) Project schedule/durations: Design Phase: • Schematic Design Drawings 60% - 20 working days from Notice to Proceed • Construction Documents 1000/o - 20 working days from Notice to Proceed Installation Phase: • Project Duration — 50 working days from Notice to Proceed • Liquidated Damages - $500.00 per day Clarifications: Wire and conduits will need to be installed to connect wireless gateways to the fire alarm control panel. Conduits will be ran on the exterior of the building and interior conduits will be limited. • Should Cosco Fire Protection be awarded the project, AutoCAD files shall be release at no additional cost. • The above outlined scope of work is Cosco Fire Protection's understanding of the work you would like performed. If there are additional items, which you would like us to include or exclude in our proposal please let me know and I will be glad to do so. • This proposal does not include any amounts for impacts such as interference, disruptions, rescheduling or change in the sequence of work, delays and/or associated acceleration. We expressly reserve the right to submit our request for any of these items should we be faced with performing work under any of these conditions.