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HomeMy WebLinkAbout2019-113 20190091 2018 Fire Hose Testing J Addendum to 2018 FIRE HOSE TESTING AGREEMENT (the "Agreement") between NATIONAL HOSE TESTING SPECIALTIES, INC. ("NATIONAL") and THE CITY OF ASHLAND, OREGON ("CITY") To the extent this Addendum and the Terms and Conditions of the Agreement conflict, this Addendum shall control. This Addendum amends the Terms and Conditions of the Agreement as follows: 1. Add the following new Section 8 to the Agreement as follows: 8. The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, ORS 279B.230, and ORS 27913.235. 2. Add the following new Section 9 to the Agreement as follows: 9. This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3. Add the following new Section 10 to the Agreement as follows: 10. This Agreement shall be effective from the date of execution on behalf of the CITY as set forth below (the "Effective Date"), and shall continue in full force and effect until December 31, 2018. 4. Add the following new Section 11 to the Agreement as follows: 11. Oregon Tax Law. NATIONAL'S compliance with tax law: (1) NATIONAL represents and warrants to the CITY that: NATIONAL shall, throughout the term of this Agreement, including any extensions hereof comply with: Page I of 2: Addendum to Testing Agreement between National Hose Testing Specialties and City of Ashland (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to NATIONAL; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. NATIONAL, for a period of no fewer than six (6) calendar years preceding the Effective Date, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to NATIONAL; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. (2) NATIONAL'S failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Except as specifically modified by this Addendum, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties have caused this Addendum to be signed in their respective names by their duly authorized representative as of the dates set forth below. TIII;~C TY OF ASHLAND, OREGON NATIONAL HOSE TESTING SP I , By: By: ~ C De ent Tad (must be an off cer of the company) Printed Name: l Pert Printed Name: '1-110 Title: 6` CIS; Title: Date: l Date: Page 2 of 2: Addendum to Testing Agreement between National Hose Testing Specialties and City of Ashland National Hose Testing Specialties, Inc. 2018 FIRE HOSE TESTING AGREEMENT WWW.NHTS.COM Date issued: January 11th, 2018 Dept. ID # OR104 This agreement is entered into by and between National Hose Testing Specialties, Inc., a corporation (hereinafter known as, National) and "Ashland Fire Department", a municipal corporation, district or political subdivision of the State of Oregon (hereinafter known as, Department). THIS DOCUMENT MUST BE SIGNED AND RETURNED PRIOR TO YOUR SERVICE TEST DATE. 1. Department hereby engages National and National agrees to unload, pressure test, re-load, conduct physical inspections and to provide test documentation on the fire hoses of Department per Department's Special Instructions, if any, and according to the National Fire Protection Association 1962 Standard for the Care, Use, Inspection, Service Testing and Replacement of Fire Hose, Couplings and Nozzles and Fire Hose Appliances, utilizing the 2013 Edition, or current edition, (hereinafter known as, NFPA Standard). a. National shall conduct a physical inspection, prior to pressure testing, as specified in the NFPA Standard. All hoses failing physical inspection shall be identified and tagged for removal from service, without being pressure tested. Department shall be responsible to store or discard any hose tagged by National. If Department elects to place back into service any hose tagged by National, Department shall be responsible for service testing the hose prior to placing it back into service. b. National shall conduct service pressure test in accordance with Chapter 4 of NFPA Standard, 2013 Edition. c. National shall service test all attack fire hose to a minimum of 300 psi and all supply fire hose to a minimum of 200 psi regardless of manufactured date unless specified differently by Department. See "Department's Special Instructions" for requested test pressure changes. National shall not test any hoses higher than 400 psi, this being agreed with the Department, by the signing of this agreement. d. National shall inspect all apparatus after completion of testing and reloading for accuracy as found or requested by department prior to releasing to Department, e. Department shall inspect all hose loads and connections on all apparatus prior to placing back into service. f. National, within thirty (30) days of completed service, shall deliver to Department final test documentation. Documentation provided on CD, to include date of test, service test pressure, diameter, length, hose identification number, test results as to each length of hose and a hard copy of summary reports for all hoses tested and in inventory. g. National shall provide hydrostatic equipment required to perform Departments hose test. h. Department shall provide National a suitable location for performance of the service test. The location shall include an adequate water source for National's hydrostatic equipment, which water shall be provided by Department. I. Department shall make available to National all hoses to be tested at the time and place established for the conduct of the service testing and shall disclose to National any known defects or dangerous conditions therein. j. Department will assemble any specialty hose packs (i.e. gnass packs, forestry packs) following testing by National. 2. The service test date(s) will be established by agreement between the parties. 3. Based on the footage estimate provided, Department agrees to pay National 26 cents per foot, times 9, 659 feet; with actual hose tested per documentation being used for billing which may increase or decrease final invoice. 4. Fire hoses handled by National that are to be removed from apparatus or service at the Department's request due to age or other factors and not pressure tested will be subject to 14 cents per foot handling fee. Full payment is due upon delivery by National of its final test documentation. 5. To the extent permitted by law, including without limitation to the Oregon Tort Claims Act (or its counterpart statute in any other state), Department agrees to release and to defend, indemnify and hold National harmless from any claims, liabilities, demands, damages or actions for property damage, personal injury or death, and any claims incident thereto, including attorney fees and costs incurred in defense thereof, arising out of or relating to the failure for any reason of any hose tested and certified by National unless it can be established by clear and convincing evidence that National breached its obligation to test said hose and accurately report the result thereof in accordance with the terms of this contract and that said hose was not, as of the date tested, in fact capable of withstanding the standard test pressure established by the said NFPA Standard when tested according to the procedures therein. 6. In the event of suit or litigation arising out of or relating to this agreement, the prevailing party in such action shall be entitled to recover judgment for its reasonable attorney fees as may be awarded by the Court in which such suit or action is tried, heard or decided, and any appeal there from. DEPARTMENT'S SPECIAL INSTRUCTIONS: 7. National will not be bound by any of Department's Special Instructions unless it has agreed to be bound and signed or initialed the Special Instructions prior to testing. If agreed, National shall return an initialed copy to Department. Dated this 11th day of January 2018 Dated this day of 20 N L HOSE TIN PECIALTIES, INC. AUTHORIZED DEPARTMENT REPRESENTATIVE Signature Signature Bob Evans, President Title: Return to: National Hose Testing Specialties, Inc., P.O. Box 1024, Dallas, OR 97338 or fax to (503) 623-7424 oremail to ann3(0),nhts.com Note: The terms of this agreement are void if not signed and returned within three months of date of issue (white copy/office, yellow copy/ customer). A Convenience Fee of 2.5% will be assessed on the total payment amount for credit & debit transactions. NHTS FORM - 505 - Revised 12/1/17 ~CO„®® CERTIFICATE OF LIABILITY INSURANCE DATE (M /201 YYY) 6/19/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cynthia L World Insurance Associates, LLC PHONE Dudek FAX 656 Shrewsbury Ave, Suite 200 A/c e E t : 732-380-0900 Arc No): 732-380-0909 Tinton Falls NJ 07701 ADDRESS: certificates@worldins.net INSURER(S AFFORDING COVERAGE NAIC # INSURER A : MID CONTINENT INS CO INSURED NATIO-1 INSURER B National Hose Testing Specialties Inc. Robert L Evans & Mona L Evans INSURER C P.O. Box 1024 INSURER D : Dallas OR 97338 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1142258950 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSD SUWVD ER POLICY NUMBER MM/DIDYIYEYYY MM/DDS LIMITS A X COMMERCIAL GENERAL LIABILITY 09-SL-0000011968 811/2017 811/2018 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE Fk] OCCUR DAMAGES(RENTED PREMISES Ea occurrence $100,000 X $1,500 Ded for MED EXP (Any one person) $ exa BI Wor PD PERSONAL & ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY F PRO- ❑ LOC PRODUCTS -COMP/OPAGG $1,000,000 X JECT OTHER: $ AUTOMOBILE LIABILITY Eaa COMcciBINED dentSINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED "RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ashland Fire & Rescue 455 Siskiyou Blvd AUTHORIZED REPRESENTATIVE Ashland OR 97520 / ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD David Shepherd From: Katrina Brown Sent: Monday, June 11, 2018 3:59 PM To: David Shepherd Cc: Kris Bechtold Subject: National Hose Testing Addendum to Agreement. 06.07.18 Attachments: National Hose Testing Addendum to Agreement. 06.07.18.docx Attached is the addendum to the 2018 Fire Hose Testing Agreement. The ladder testing addendum is identical except for the title. I have attached hard copies of each to signed yellow sheet which is being sent back to you for your use in getting the agreements executed. Let me know if you have any questions or concerns. Katrina Xatrina L. Brown Assistant City Attorney City of Ashland 20 E. Main Street Ashland, Oregon 97520 (541) 488-5350 This electronic transmission contains PR7VILEGED AND CONFIDENTIAL information and is intended only for the use of the addressee(s) named above. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient(s), please note that any dissemination, use, distribution or copying of this communication is strictly prohibited. i Purchase Order Fiscal Year 2019 Page: 1 of: 1 PF~ 1LiL 0-N1JN] 1 1VIEi ZAP=_P AF-ONT = B City of Ashland ~u~~p~NGouMEs I ATTN: Accounts Payable Purchase L 20 E. Main 20190091 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Fire and Rescue Department N NATIONAL HOSE TESTING SPECIALTIES, INC 1 455 Siskiyou Blvd D PO BOX 1024 p Ashland, OR 97520 O DALLAS, OR 97338 Phone: 541/482-2770 R T Fax: 541/488-5318 O Merr il _ _ = - nm ° ME to t~er° - ~t [sue [gym _ us] i r € - ere David She herd 07/11/2018 2170 FOB ASHLAND OR/NET30 City Accounts Pa able =ffin-M - _ - - -xz Hose and Ladder Testing 1 Annual hose and ladder testing required by NFPA and OSHA 1 $3,200.0000 $3,200.00 National Hose Testing Specialties, Inc. 2018 Fire Hose Testing Agreement and City's Addendum to the Agreement Project Account: GL SUMMARY 071200 - 604100 $3,200.00 By - , Date: ` ' lice, Authorized=Signature $3,200.00 FORM #3velo CITY OF ASHLAND REQU' ' 1 D to 1f request: 07/06/2018 Required date for delivery: Vendor Name -National Hose Testing S ..ialti . , Inc Address, City, State, Zip P.O. Box 1024 Dallas, OR 97338 Contact Name & Telephone Number Bob Evans 503-623-7424 Email address anna(a_)nfil corn SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written note or proposal attached _(Attach co of council communication -(If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Les than $5,000 ❑ Request for Proposal (Copies on file) State of Oregon Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) [l State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form A, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost Yearly required hose and ladder testing required by NFPA and OSHA 3,200 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost SK-Per attached quote/proposal $ TOTAL COST Project Number- _ _ _ _ _ _ Account Number Account Number- _ _ _ _ _ _ _ _ _ _ _ Account Number - - - - - - - - - - - - "Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form, l certify that the City's public contracting requirements have been satisfied. IT Director Date Support -Yes/No Employee: Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO Finance Director- (Equal to or greater than $$5,000) Date Comments: Form #3 - Requisition