Loading...
Staff Report PREPARED BY: MATT MORLEY Director of Parks and Public Works Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 12/20/2016 ITEM NO: 8 DATE: DECEMBER 9, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES WITH CINTAS CORPORATION NO. 2 TO PROVIDE ADDITIONAL COMPENSATION FOR UNANTICIPATED EMERGENCY REPAIR WORK IN AN AMOUNT OF $14,490, FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $61,203 RECOMMENDATION: Authorize the Town Manager to execute a First Amendment to the Agreement for Services (Attachment 1) with Cintas Corporation No. 2 to provide additional compensation for unanticipated emergency repair work in an amount of $14,490, for a total agreement amount not to exceed $61,203. BACKGROUND: The Town of Los Gatos utilizes contractual fire safety services for the ongoing maintenance of fire systems and fire extinguishers required at multiple Town locations. In June of 2016, staff solicited proposals which included inspection, maintenance, and service. On July 1, 2016, the Town entered into a two-year Agreement for Services (Attachment 2) with Cintas Corporation No. 2 for fire safety services in an amount not to exceed $46,713. This amount includes $5,000 per year for a total not to exceed $10,000 for unanticipated maintenance issues. PAGE 2 OF 2 SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES WITH CINTAS CORPORATION TO PROVIDE ADDITIONAL COMPENSATION FOR UNANTICIPATED EMERGENCY REPAIR WORK IN AN AMOUNT OF $15,000, FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $61,203 DECEMBER 9, 2016 C:\Users\slombardo\Downloads\Cintas_Corporation_No._2_First_Amendment_Staff_Report_V1.docx 12/15/2016 2:08 PM MM DISCUSSION: On December 7, 2016 during a regularly scheduled inspection, Cintas discovered that the fire sprinkler pipe located under the street and sidewalk along Pageant Way and serving the New Museum Los Gatos (NUMU) had a significant leak requiring repair, which involves digging up the street and sidewalk. The cost of the work is estimated at $14,490. The current agreement authorized an amount of $5,000 per year for unanticipated repairs, which is insufficient to pay for this repair work. This added work will increase the total contract amount above the Town Manager’s authority of $50,000 and therefore requires Town Council approval. CONCLUSION: Authorize the Town Manager to execute a First Amendment to the Agreement for Services (Attachment 1) with Cintas Corporation No. 2 to provide additional compensation for unanticipated emergency repair work in an amount of $14,490, for a total agreement amount not to exceed $61,203. FISCAL IMPACT: The annual allocation for Fire Suppression is $9,000 which is in the Facilities Maintenance Fund. Staff will request a Mid-Year adjustment for additional Fire Suppression funds from the undesignated fund balance. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. First Amendment Agreement for Services 2. Agreement for Services dated 7/1/16 ATTACHMENT 1 FIRST AMENDMENT TO AGREEMENT FOR SERVICES This FIRST AMENDMENT TO AGREEMENT FOR SERICES is dated for identification this 20th day of December, 2016 and amends that certain AGREEMENT FOR SERVICES dated July 1, 2016, made by and between the TOWN OF LOS GATOS, ("Town,") and CINTAS CORPORATION No. 2 (“Service Provider”). RECITALS A. Town and Service Provider entered into an Agreement for Services on July 1, 2016 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 2 to this Amendment. B. Town desires to amend the Agreement to provide additional compensation for unforeseen equipment repairs and replacements for fire safety services. AMENDMENT 1. Section 2.6 Compensation is amended to provide an additional amount not to exceed $14,490 in FY 2016/17 for unanticipated emergency repair work (see Exhibit A). The total compensation for the agreement shall not exceed $61,203. 2. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment. Town of Los Gatos by: Cintas Corporation No. 2, by: _______________________________ ______________________________ Laurel Prevetti Town Manager ______________________________ Name/Title Recommended by: Approved as to Form: __________________________________ ___________________________________ Matt Morley Robert Schultz Director of Parks and Public Works Town Attorney s Gatos, Calif AGR l 1HH AGREEMENT FOR SERVICES THIS AGREEMENT is dated for identification this I" of July, 2016 and is made by and between TOWN OF LOS GATOS, a California municipal corporation, ( "Town ") and CINTAS CORPORATION No. 2, ("Service Provider "), whose address is 2188 Del Franco Street, San Jose, CA 95131. This Agreement is made with reference to the following facts. I. RECITALS 1.1 The Town desires to engage Service Provider to provide fire safety services at multiple Town locations. 1.2 The Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement. 1.3 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider. II. AGREEMENT 2.1 Scope of Services. Service Provider shall provide inspection and maintenance services for wet sprinkler systems, suppression system, and portable fire extinguishers, and unforeseen repairs as described in the certain Proposals sent to the Town, which are hereby incorporated by reference and attached as Exhibit A and Exhibit B. 2.2 Term and Time of Performance. This contract will remain in effect from July 1, 2016 to June 30, 2018. 2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos. 2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 2.5 Information/Report Handline. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town's property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant CINTAS FIRE PROTECTION -FIRE SAFETY SERVICES AGREEMENT (FIRE SPRINKLERS, FIRE ALARMS, FIRE EXTINGUISHERS) Page 1 of 7 to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of the these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Service Provider in connection with other projects shall be solely at Town's risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider. 2.6 Compensation. Compensation for services: Inspection, Service and Maintenance shall not exceed $13,106.50 per year, for an amount not to exceed $26,213. Unanticipated Maintenance — Compensation for unanticipated maintenance and service calls will be calculated using the Non Prevailing wage services rates described in Exhibit A, page 4, in an amount not to exceed $5,000 per year, for an amount not to exceed $10,000. Payment shall be based upon Town approval of each task. 5 Year Sprinkler System Inspection — Compensation for the one -time service shall not exceed $10,500, as described Exhibit B. The total agreement amount shall not exceed $46,713. 2.7 Billine. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form. Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows: Invoices: Town of Los Gatos Attn: Accounts Payable P.O. Box 655 Los Gatos, CA 95031 -0655 2.8 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town. 2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. No portion of these services shall be assigned or subcontracted without the written consent of the Town. CINTAS FIRE PROTECTION -FIRE SAFETY SERVICES AGREEMENT (FIRE SPRINKLERS, FIRE ALARMS, FIRE EXTINGUISHERS) Page 2 of 7 2.10 Independent Contractor. It is understood that the Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he /she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Service Provider may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Service Provider or is based on allegations of Service Provider's negligent performance or wrongdoing. 2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Service Provider warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Service Provider shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship. 2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. I1I. INSURANCE AND INDEMNIFICATION 3.1 Minimum Scope of Insurance: i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. CINTAS FIRE PROTECTION- FIRE SAFETY SERVICES AGREEMENT (FIRE SPRINKLERS, FIRE ALARMS, FIRE EXTINGUISHERS) Page 3 of 7 ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences. General Liability: i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self - insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers. iv. The Service Provider's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk. 3.3 Workers' Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees. 3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because CINTAS FIRE PROTECTION -FIRE SAFETY SERVICES AGREEMENT (FIRE SPRINKLERS, FIRE ALARMS, FIRE EXTINGUISHERS) Page 4 of 7 of damages to property or personal injury received by reason of, or in the course of performing work which is occasioned by a willful or negligent act or omissions of the Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor. IV. GENERAL TERMS 4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara. 4.3 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider. In the event of such termination, Town shall pay Service Provider an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider. 4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal. 4.6 Prevailing Wages. In accordance with the provisions of Sections 1770 et sea., of the Labor Code, the Director of the Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done. Service Provider will be required to pay to all persons employed on the project by the Service Provider sums not less than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1." These documents may be obtained from the State of California. Pursuant to Labor Code section 1725.5, no contractor or subcontractor may be awarded a contract for public works on a public works project unless registered with the Department of Industrial Relations. CINTAS FIRE PROTECTION -FIRE SAFETY SERVICES AGREEMENT (FIRE SPRINKLERS, FIRE ALARMS, FIRE EXTINGUISHERS) Page 5 of 7 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and /or the Town of Los Gatos. The Contractor is required to post notices on Public Works requirements. 4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: Town of Los Gatos Attn: Town Clerk 110 E. Main Street Los Gatos, CA 95030 Cintas Corporation No. 2 Attn: Cynthia Manning 2188 Del Franco Street San Jose, CA 95131 or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town. 4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings. 4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. CINTAS FIRE PROTECTION -FIRE SAFETY SERVICES AGREEMENT (FIRE SPRINKLERS, FIRE ALARMS, FIRE EXTINGUISHERS) Page 6 of 7 IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement. Town of Los Gatos by: 4md& && ` Laurel Prevetti, Town Manager Recommended by: w -- Ma Orley Director of Parks and Public W s Approved as to Form: Service Provider, by: FEW C\TAS FIRE PROTECI'ION - FIRE SAFETY SERVICES AGREEMENT (FIRE SPRINKLERS, FIRE ALARMS, FIRE EXTINGUISHERS) Page 7 of 7 CIMAS. CA License *914328 (C -10, C -16), E -2351 Fire Alarm / Fire Sprinkler / Fire Extinguisher / Emergency Lighting / Restaurant & Industrial Systems / Training & Demonstrations 1 June 2016 Jeremiah George Town of Los Gatos Parks & Public Works Dept 41 Miles Ave Los Gatos, CA 95030 Tel: 408 - 761 -3428 Fax: 408 - 354 -8529 Em: jgeorge @losgatosca.gov Re: Fire & Life Safety Proposal — Fire Sprinklers -Fire Alarms -Fire Extinguishers 2016 -2017 Jeremiah, Thank you for meeting with us and the opportunity to submit a proposal for fire safety services at your property. We look forward to earning your trust while working with you. Cintas is one of the only fully integrated fire safety service companies in the Bay Area and offers a one - stop -shop approach to fire safety. Fire Sprinkler & Pre - Action Testing & inspections Fire Alarm Testing Fire Extinguishers (basic cost) Fire Suppression System (Paint Storage Shed) 6,871.00 per year (prevailing wage rates) 4,435.00 per year (prevailing wage rates) 1,200.50 per year 600.00 per year (prevailing wage rates Total per year for testing. $13,106.50 Note* the above pricing does not include repairs or parts if needed Please review the attached scope of work and pricing. If you have any questions or comments, please do not hesitate to contact me at your convenience. Regards, 6 ffa Cynthia Manning Cintas Fire Protection Email: manningc(iWntas.com Ph: (800) 710 -5710 Ph: (408) 834 -4393 (direct line) Fax: (855) 855- 405 -2158 Cintas Fire Protection Telephone 800.710.5710 Facsimile 408.834.4424 2188 Del Franco St, San Jose, CA 95131 EXHIBIT A Page 2 of 5 SERVICE SCOPE OF WORK AND PRICE Owner: Town of Los Gatos Parks & Public Works Dept 41 Miles Ave Los Gatos, CA 95030 Tel: 408 - 761 -3428 Contractor: Cintas Fire Protection 2188 Del Franco Street Suite A San Jose, CA 95131 Office Telephone: 800.710.5710 Project Location: {multi town locations} Tenn: The term of this Contract is 2 years, commencing on the commencement date. Notwithstanding the foregoing, either party hereto shall have the right, at its sole election, to terminate this Contract for any cause whatsoever, upon the delivery of written notice to the other with 60 days written notice. Contract may be extended in accordance with the renewal provision. Renewal Provision: Automatic renewal for successive annual contract periods. Contractor shall have the right to increase the charges provided for herein at any time after expiration of the initial period upon giving the Owner 30 days notice in writing prior to the expiration of the then- current annual term. All work performed will be according to NFPA, California State and Town of Los Gatos Fire Department requirements and is guaranteed, insured and done by licensed personnel. QUARTERLY INSPECTION OF WET SPRINKLER SYSTEM Inspection will be performed in accordance with the requirement of NFPA 25 2006 California Edition. Any exceptions will be noted. Perform three (3) Quarterly inspections wet system Underground parking Community Center Senior Center Police Communications building Library Perform one (1) yearly test Underground parking Community Center Senior Center Police Communications building Police Communications (pre- action) Library Library (Pre- action) Prices are quoted with Prevailing Wage Rates 185.00 per quarter 555.00 185.00 per quarter 555.00 185.00 per quarter 555.00 250.00 per quarter 750.00 290.00 per quarter 870.00 450.00 368.00 368.00 600.00 600.00 600.00 600.00 Total: = $6,871.00 Cintas Fire Protection Telephone 800.710.5710 Facsimile 408.834.4424 2188 Del Franco St, San Jose, CA 95131 Page 3 of 5 FIRE ALARM INSPECTION Scope of services will be (l): 1. Annual Inspection and Test: All devices connected to the fire alarm control panel 2. Semi -annual Inspection and Test: Battery load, water flow and tamper switches 1) Asper NFPA 71, Chapter 71999 Edition. Quote does not include the semi - annual visual inspection of all devices required by code. This service can be provided at additional cost. The per annum cost associated with this service will be: Library: $2,075.00 Underground Parking Structure: $860.00 Police Communication: $1,500.00 Prices are quoted with Prevailing Wage Rates Total = $4435.00 SEMI - ANNUAL INSPECTION OF SUPPRESSION SYSTEM (Paint Storage Shed) Inspection is to be performed per the requirement of California health and Safety Code, Title 19, Division 1, Chapter 5, "Automatic Fire Extinguishing Systems ". Pre- engineered and engineered fixed extinguishing systems shall be serviced semi -annual and immediately after a system activation. Service includes checking to see that the hazard has not changed. Examination of all detectors, expellant gas container(s), agent container(s) releasing devices, piping, hose assemblies, nozzles, signals, all auxiliary equipment, and the liquid level of all non - pressurized wet chemical containers. Verification that the agent distribution is not obstructed. Cost Service call Ansul Systems Primary bottle Fusible links Blow Off Caps (if needed) Prices are quoted with Prevailing Wage Rates hiitial to accept: 35.00 250.00 each 11.75 each 3.00 each Est $300.00 x 2 Total= $600.00 SERVICE & MAINTENANCE OF PORTABLE FIRE EXTINGUISHERS Service and maintenance will be performed according to California Health and Safety Code, Title 19, Division 1, Chapter 3, "Fire Extinguishers ". Cost per extinguisher includes nitrogen, tamper seals, verification of service collars and inspection tags. Service Call $35.00 x 9 sites = $315.00 Annual Service (approx. 154 fire extinguishers) $5.75 per extinguisher Basic service = $1200.50 Non Prevailing wage services Cintas Fire Protection Telephone 800.710.5710 Facsimile 408.834.4424 2188 Del Franco St, San Jose, CA 95131 Page 4 of 5 Non Prevailing wage services Internal Maintenance - if needed California Code of Regulations Title 19 requires that Stored Pressure Dry Chemical Fire Extinguishers have an Internal Maintenance every 6 years. Both the valve stem and O -ring will need to be replaced during the internal maintenance. Labor $5.00 ea Valve Stems $6.50 ea Pressure Seals ( "O- rings ") $1.00 ea Total cost for an extinguisher needing internal maintenance: Annual Service + $5.00 + $6.50 + $1.00) Hydrostatic Testing- if needed Hydrostatic (Pressure) testing is due every 12 years (5 years if the extinguisher is installed on a vehicle). Cintas Fire Protection is a DOT - approved re- qualification facility and performs these tests in- house. Costs are in addition to the service and maintenance for the extinguishers, which will be performed at the same time. A replacement extinguisher will be left in place of any extinguisher if removed from the premises. There is no additional charge for returning the original extinguisher. Cost for dry chemical extinguishers $15.00 ea Total cost for an extinguisher needing hydrostatic testing: Annual Service + $5.00 + $6.50 + $1.00 + $15.00) Please note: In order to minimize disruption to our customers' businesses, extinguishers in need of additional maintenance beyond annual service may be exchanged with units already serviced and/or tested, of equal or greater value. see Terms & Conditions- "Equipment Exchange.° The services listed are based on information gathered from site. The inspection survey is not meant to be an exhaustive review of the fire protection equipment status and as such may not have identified any or all pre- existing deficiencies. Performance of inspection services in no way guarantees that the system meets all applicable code standards and/or is working as designed. Furthermore, we are not responsible for the condition of the system or any of its components that may require repair or replacement due to age, fatigue, or wear which result from exercising during testing. All deficiencies will be noted and repair and /or correction will be separately quoted. T &M Service Labor Rates — Contract Clients Normal hours (8am -5pm weekdays)(') $185.00 /hr Overtime hours (2) $277.50/hr Double -time hours (Sundays and Holidays) (Z) $370.00 /hr 1) 2 -hour minimum will apply; 1 -hour minimum for service performed on -site at time ofpre - scheduled inspection 2) 4 -hour minimum will apply Cintas Fire Protection Telephone 800.710.5710 Facsimile 408.834.4424 2188 Del Franco St, San Jose, CA 95131 Page 5 of 5 Service Response Time Guidelines Please note that Cintas Fire Protection will make every effort to take corrective action in the most expeditious manner possible. The schedule below represents the guaranteed response times. Actual response has historically been significantly shorter. Normal hours (Sam -5pm weekdays) Telephone support to provide assistance and determine corrective action needed: Immediate Dispatch for critical system failures: 2 -4 hours Dispatch for non - critical system trouble: 24 -48 hours Weekend and After Hours Telephone support to provide assistance and determine corrective action needed: 30 minutes Dispatch for critical system failures: 2 -4 hours Dispatch for non - critical system trouble: 24 -48 hours Cintas Fire Protection Telephone 800.710.5710 Facsimile 408.834.4424 2188 Del Franco St, San Jose, CA 95131 SERVICE SCOPE OF WORK AND PRICE Owner: Town of Los Gatos 41 Miles Ave Los Gatos, Ca 95030 Contractor: Cintas Fire Protection Address: 2188 Del Franco Street Suite A San Jose, CA 95131 (0 GD Office Telephone: 800.710.5710 1650 2 5a Project Location: Town Of Los Gatos Library 7_,_7100VillaAve Los Gatos, Ca 95030 Commencement Date: Upon Acceptance Term: The tern of this Contract is a one time contract, commencing on the commencement date. Notwithstanding the foregoing, either party hereto shall have the right, at its sole election, to terminate this Contract for any cause whatsoever, upon the delivery of written notice to the other with 60 days written notice. Contract may be extended in accordance with the renewal provision. Renewal Provision: Automatic renewal for successive annual contract periods. Contractor shall have the right to increase the charges provided for herein at any time after expiration of the initial period upon giving the Owner 30 days notice in writing prior to the expiration of the then - current annual term. FIVE YEAR TESTING OF WET SPRINKLER SYSTEMS Inspection will be performed in accordance with the requirement of NFPA 25 2013 California Edition. Any exceptions will be noted. The cost associated with this service will be: $ 1,650.00 (One Thousand Six Hundred Fifty dollars) Initial to accept: FIVE YEAR TESTING OF PRE- ACTION SYSTEM Inspection will be performed in accordance with the requirement of NFPA 25 2013 California Edition. Any exceptions will be noted. The cost associated with this service will be: $ 850.00 (Eight Hundred Fifty dollars) Initial to accept: An advisory quote will follow inspection if repairs are necessary. Sticker will be provided only after correction of all deficiencies. Quote is based on the assumption that the check valve is above ground, is easily accessible, and can readily be reversed and restored as required for backflow per Cintas Fire Protection Telephone 800.710.5710 Facsimile 408.834.4424 2188 Del Franco St, San Jose 1450 Franguette Ave, Concord EXHIBIT B NFPA 25. ,Quote assumes that we will be able to get access to all rooms, offices and all spaces that are covered by sprinklers during the time of the initial inspection. If we need to come back at a later date, an additional cost will apply based on our regular $140 Time & Material rate. Quote is based on the number of risers stipulated above only. Bid assumes there is not a fire pump or pressure reducing valves. Those items will be bid separately after the initial inspection. The services listed are based on information gathered from site. The inspection survey is not meant to be an exhaustive review of the fire protection equipment status and as such may not have identified any or all pre - existing deficiencies. Performance of inspection services in no way guarantees that the system meets all applicable code standards and/or is working as designed. Furthermore, we are not responsible for the condition of the system or any of its components that may require repair or replacement due to age, fatigue, or wear which result from exercising during testing. All deficiencies will be noted and repair and/or correction will be separately quoted. Contractor agrees to perform for Owner the services (the "Services ") at the Project Location set forth in this Contract. Contractor acknowledges that the Services may be provided in connection with an existing tenant - occupied building, that Owner shall continue the normal operation and occupancy of the Project, and that such operation and occupancy during the hours Contractor performs the Services is of critical importance. Contractor shall use its best efforts to minimize any interference with the operation of the Project by Owner, or the use and occupancy of the Project by Owner's tenants and guests. Contractor shall conduct the Services in accordance with a schedule mutually agreed upon between Contractor and Owner and consistent with the requirements of this Contract. Contractor shall desist immediately from performing the Services in the event that Contractor's activities constitute an unreasonable nuisance or interruption in the activities of the Project's occupants. Upon so directing to desist with the Services, Owner shall contact Contractor to re- schedule the Services for a mutually agreeable time. Rescheduled Services may be subject to additional fees. Before commencing the Services, Contractor shall secure and pay for all applicable permits, approvals, governmental fees, certificates, licenses and inspections, if any, necessary for the proper performance of the Services. Copies of all such permits, approvals, licenses and certificates specific to Project shall be delivered to Owner upon request or as necessary by law. Owner agrees to pay Contractor for all Owner - authorized labor and parts necessary to correct any deficiencies discovered. If Owner refuses such service to correct a deficiency, Contractor denies any liability if refusal of service results in an ongoing NFPA code violation status. If the failure of Owner to address and correct any defect in the life safety system results in the repetitive addressing of said deficiency by Contractor personnel, any additional cost beyond the normal scope of work, will be charged to Owner as an additional amount to this agreement. Owner hereby authorizes repairs up to $ 250.00 to correct deficiencies found during the system inspection. Initial to accept: Owner agrees to provide access to premises and to permit only authorized Contractor agents to inspect, alter, remove, adjust, service, repair, and add devices, equipment, or wiring. Contractor denies any and all responsibility for work performed by any other vendor. Owner agrees to be directly responsible for redecorating and other cosmetic repairs to premises necessary due to installation, maintenance, or removal of all or any part of the system. T &M Service Labor Rates — Contract Clients Cintas Fire Protection Telephone 800.710.5710 Facsimile 408.834.4424 2188 Del Franco St, San Jose 1450 Franquette Ave, Concord SERVICE SCOPE OF WORK AND PRICE Owner. Town ofLos Gatos 41 Miles Ave Los Gatos, Ca 95030 Q Contractor: Cintas Fire Protection Address: 2188 Del Franco Street Suite A ( b San Jose, CA 95131 Office Telephone: 800.710.5710 Project Location: Town Of Los Gatos Senior Center 208 E Main Los Gatos, Ca 95030 Commencement Date: Upon Acceptance Term: The tern of this Contract is a one time contract, commencing on the commencement date. Notwithstanding the foregoing, either party hereto shall have the right, at its sole election, to terminate this Contract for any cause whatsoever, upon the delivery of written notice to the other with 60 days written notice. Contract may be extended in accordance with the renewal provision. Renewal Provision: Automatic renewal for successive annual contract periods. Contractor shall have the right to increase the charges provided for herein at any time after expiration of the initial period upon giving the Owner 30 days notice in writing prior to the expiration of the then- current annual term. FIVE YEAR TESTING OF WET SPRINKLER SYSTEMS Inspection will be performed in accordance with the requirement of NFPA 25 2013 California Edition. Any exceptions will be noted. The cost associated with this service will be: $ 1,550.00 (One Thousand Five Hundred Fifty dollars) Initial to accept: An advisory quote will follow inspection if repairs are necessary. Sticker will be provided only after correction of all deficiencies. Quote is based on the assumption that the check valve is above ground, is easily accessible, and can readily be reversed and restored as required for backflow per NFPA 25. Quote assumes that we will be able to get access to all rooms, offices and all spaces that are covered by sprinklers during the time of the initial inspection. If we need to come back at a later date, an additional cost will apply based on our regular $140 Time & Material rate. Quote is based on the number of risers stipulated above only. Bid assumes there is not a fire pump or pressure reducing valves. Those items will be bid separately after the initial inspection. Cintas Fire Protection Telephone 800.710.5710 Facsimile 408.834.4424 2188 Del Franco St, San Jose 1450 Franquette Ave, Concord The services listed are based on information gathered from site. The inspection survey is not meant to be an exhaustive review of the fire protection equipment status and as such may not have identified any or all pre - existing deficiencies. Performance of inspection services in no way guarantees that the system meets all applicable code standards and/or is working as designed. Furthermore, we are not responsible for the condition of the system or any of its components that may require repair or replacement due to age, fatigue, or wear which result from exercising during testing. All deficiencies will be noted and repair and/or correction will be separately quoted. Contractor agrees to perform for Owner the services (the "Services ") of the Project Location set forth in this Contract. Contractor acknowledges that the Services may be provided in connection with an existing tenant - occupied building, that Owner shall continue the normal operation and occupancy of the Project, and that such operation and occupancy during the hours Contractor performs the Services is of critical importance. Contractor shall use its best efforts to minimize any interference with the operation of the Project by Owner, or the use and occupancy of the Project by Owner's tenants and guests. Contractor shall conduct the Services in accordance with a schedule mutually agreed upon between Contractor and Owner and consistent with the requirements of this Contract. Contractor shall desist immediately from performing the Services in the event that Contractor's activities constitute an unreasonable nuisance or interruption in the activities of the Project's occupants. Upon so directing to desist with the Services, Owner shall contact Contractor to re- schedule the Services for a mutually agreeable time. Rescheduled Services may be subject to additional fees. Before commencing the Services, Contractor shall secure and pay for all applicable permits, approvals, governmental fees, certificates, licenses and inspections, if any, necessary for the proper performance of the Services. Copies of all such permits, approvals, licenses and certificates specific to Project shall be delivered to Owner upon request or as necessary by law. Owner agrees to pay Contractor for all Owner - authorized labor and parts necessary to correct any deficiencies discovered. If Owner refuses such service to correct a deficiency, Contractor denies any liability if refusal of service results in an ongoing NFPA code violation status. If the failure of Owner to address and correct any defect in the life safety system results in the repetitive addressing of said deficiency by Contractor personnel, any additional cost beyond the normal scope of work, will be charged to Owner as an additional amount to this agreement. Owner hereby authorizes repairs up to $ 250.00 to correct deficiencies found during thesysteminspection. Initial to accept: Owner agrees to provide access to premises and to permit only authorized Contractor agents to inspect, alter, remove, adjust, service, repair, and add devices, equipment, or wiring. Contractor denies any and all responsibility for work performed by any other vendor. Owner agrees to be directly responsible for redecorating and other cosmetic repairs to premises necessary due to installation, maintenance, or removal of all or any part of the system. T &M Service Labor Rates — Contract Clients Normal hours (8am -5pm weekdays) $140.00/hour Overtime hours (2) $ 210.00/hour Double -rime hours (Sundays and Holidays) (2) $ 280.00/hour 1) 2 -hour minimum will apply; 1 -hour minimum for service performed on -site at time ofpre- scheduled inspection 2) 4 -hour minimum will apply Cintas Fire Protection Telephone 800.710.5710 Facsimile 408.834.4424 2188 Del Franca St, San Jose 1450 Franguette Ave, Concord SERVICE SCOPE OF WORK AND PRICE Owner: Town ofLos Gatos 41 Miles Ave Los Gatos, Ca 95030 r5 Contractor: Cintas Fire Protection 2 Address: 2188 Del Franco Street Suite A — San Jose, CA 95131 (J d0 Office Telephone: 800.710.5710 Project Location: Town Of Los Gatos Community Bldg. 110 E Main Los Gatos, Ca 95030 Commencement Date: Upon Acceptance Term: The tern of this Contract is a one time contract, commencing on the commencement date. Notwithstanding the foregoing, either party hereto shall have the right, at its sole election, to terminate this Contract for any cause whatsoever, upon the delivery of written notice to the other with 60' days written notice. Contract may be extended in accordance with the renewal provision. Renewal Provision: Automatic renewal for successive annual periods. Contractor shall have the right to increase the charges provided for herein at any time after expiration of the initial period upon giving the Owner 30 days notice in writing prior to the expiration of the then - current annual term. FIVE YEAR TESTING OF WET SPRINKLER SYSTEMS Inspection will be performed in accordance with the requirement of NFPA 25 2013 California Edition. Any exceptions will be noted. The cost associated with this service will be: $ 1,550.00 (One Thousand Five Hundred Fifty dollars) Initial to accept: An advisory quote will follow inspection if repairs are necessary. Sticker will be provided only after correction of all deficiencies. Quote is based on the assumption that the check valve is above ground, is easily accessible, and can readily be reversed and restored as required for backflow per NFPA 25. Quote assumes that we will be able to get access to all rooms, offices and all spaces that are covered by sprinklers during the time of the initial inspection. If we need to come back at a later date, an additional cost will apply based on our regular $140 Time & Material rate. Quote is based on the number of risers stipulated above only. Bid assumes there is not a fire pump or pressure reducing valves. Those items will be bid separately after the initial inspection. Cintas Fire Protection Telephone 800.710.5710 Facsimile 408.834.4424 2188 Del Franco St, San Jose 1450 Franguette Ave, Concord The services listed are based on information gathered from site. The inspection survey is not meant to be an exhaustive review of the fire protection equipment status and as such may not have identified any or all pre - existing deficiencies. Performance of inspection services in no way guarantees that the system meets all applicable code standards and/or is working as designed. Furthermore, we are not responsible for the condition of the system or any of its components that may require repair or replacement due to age, fatigue, or wear which result from exercising during testing. All deficiencies will be noted and repair and/or correction will be separately quoted. Contractor agrees to perform for Owner the services (the "Services ") at the Project Location set forth in this Contract. Contractor acknowledges that the Services may be provided in connection with an existing tenant - occupied building, that Owner shall continue the normal operation and occupancy of the Project, and that such operation and occupancy during the hours Contractor performs the Services is of critical importance. Contractor shall use its best efforts to minimize any interference with the operation of the Project by Owner, or the use and occupancy of the Project by Owner's tenants and guests. Contractor shall conduct the Services in accordance with a schedule mutually agreed upon between Contractor and Owner and consistent with the requirements of this Contract. Contractor shall desist immediately from performing the Services in the event that Contractor's activities constitute an unreasonable nuisance or interruption in the activities of the Project's occupants. Upon so directing to desist with the Services, Owner shall contact Contractor to re- schedule the Services for a mutually agreeable time. Rescheduled Services may be subject to additional fees. Before commencing the Services, Contractor shall secure and pay for all applicable permits, approvals, governmental fees, certificates, licenses and inspections, if any, necessary for the proper performance of the Services. Copies of all such permits, approvals, licenses and certificates specific to Project shall be delivered to Owner upon request or as necessary by law. Owner agrees to pay Contractor for all Owner - authorized labor and parts necessary to correct any deficiencies discovered. If Owner refuses such service to correct a deficiency, Contractor denies any liability if refusal of service results in an ongoing NFPA code violation status. If the failure of Owner to address and correct any defect in the life safety system results in the repetitive addressing of said deficiency by Contractor personnel, any additional cost beyond the normal scope of work, will be charged to Owner as an additional amount to this agreement. Owner hereby authorizes repairs up to $ 250.00 to correct deficiencies found during the system inspection. Initial to accept: Owner agrees to provide access to premises and to permit only authorized Contractor agents to inspect, alter, remove, adjust, service, repair, and add devices, equipment, or wiring. Contractor denies any and all responsibility for work performed by any other vendor. Owner agrees to be directly responsible for redecorating and other cosmetic repairs to premises necessary due to installation, maintenance, or removal of all or any part of the system. T &M Service Labor Rates — Contract Clients Normal hours (8am -5pm weekdays) $140.00/hour Overtime hours (Z) $210.00/hour Double -time hours (Sundays and Holidays) (2) $280.00/hour 1) 2 -hour minimum will apply, 1 -hour minimum for service performed on -site at time ofpre - scheduled inspection 2) 4 -hour minimum will apply Cintas Fire Protection Telephone 800.710.5710 Facsimile 408.834.4424 2188 Del Franco St, San Jose 1450 Franguette Ave, Concord Owner: Contractor: Address Project Location: SERVICE SCOPE OF WORK AND PRICE Town of Los Gatos 41 Miles Ave Los Gatos, Ca 95030 Cintas Fire Protection 2188 Del Franco Street Suite A San Jose, CA 95131 Office Telephone: 800.710.5710 Town Of Los Gatos Parking lot # 4 Elm St @ Station Way Los Gatos, Ca 95030 i X4,2 as Commencement Date: Upon Acceptance Term: The term of this Contract is a one time contract, commencing on the commencement date. Notwithstanding the foregoing, either party hereto shall have the right, at its sole election, to terminate this Contract for any cause whatsoever, upon the delivery of written notice to the other with 60 days written notice. Contract may be extended in accordance with the renewal provision. Renewal Provision: Automatic renewal for successive annual contract periods. Contractor shall have the right to increase the charges provided for herein at any time after expiration of the initial period upon giving the Owner 30 days notice in writing prior to the expiration of the then - current annual term. FIVE YEAR TESTING OF WET SPRINKLER SYSTEMS Inspection will be performed in accordance with the requirement of NFPA 25 2013 California Edition. Any exceptions will be noted. The cost associated with this service will be: $ 3,950.00 (Three Thousand Nine Hundred Fifty dollars) Initial to accept: An advisory quote will follow inspection if repairs are necessary. Sticker will be provided only after correction of all deficiencies. Quote is based on the assumption that the check valve is above ground, is easily accessible, and can readily be reversed and restored as required for backflow per NFPA 25. Quote assumes that we will be able to get access to all rooms, offices and all spaces that are covered by sprinklers during the time of the initial inspection. If we need to come back at a later date, an additional cost will apply based on our regular $140 Time & Material rate. Quote is based on the number of risers stipulated above only. Bid assumes there is not a fire pump or pressure reducing valves. Those items will be bid separately after the initial inspection. Cintas Fire Protection Telephone 800.710.5710 Facsimile 408.834.4424 2188 Del Franco St, San Jose 1450 Franguette Ave, Concord The services listed are based on information gathered from site. The inspection survey is not meant to be an exhaustive review of the fire protection equipment status and as such may not have identified any or all pre - existing deficiencies. Performance of inspection services in no way guarantees that the system meets all applicable code standards and/or is working as designed. Furthermore, we are not responsible for the condition of the system or any of its components that may require repair or replacement due to age, fatigue, or wear which result from exercising during testing. All deficiencies will be noted and repair and/or correction will be separately quoted. Contractor agrees to perform for Owner the services (the "Services ") at the Project Location set forth in this Contract. Contractor acknowledges that the Services may be provided in connection with an existing tenant- occupied building, that Owner shall continue the normal operation and occupancy of the Project, and that such operation and occupancy during the hours Contractor performs the Services is of critical importance. Contractor shall use its best efforts to minimize any interference with the operation of the Project by Owner, or the use and occupancy of the Project by Owner's tenants and guests. Contractor shall conduct the Services in accordance with a schedule mutually agreed upon between Contractor and Owner and consistent with the requirements of this Contract. Contractor shall desist immediately from performing the Services in the event that Contractor's activities constitute an unreasonable nuisance or interruption in the activities of the Project's occupants. Upon so directing to desist with the Services, Owner shall contact Contractor to re- schedule the Services for a mutually agreeable time. Rescheduled Services may be subject to additional fees. Before commencing the Services, Contractor shall secure and pay for all applicable permits, approvals, governmental fees, certificates, licenses and inspections, if any, necessary for the proper performance of the Services. Copies of all such permits, approvals, licenses and certificates specific to Project shall be delivered to Owner upon request or as necessary by law. Owner agrees to pay Contractor for all Owner - authorized labor and parts necessary to correct any deficiencies discovered. If Owner refuses such service to correct a deficiency, Contractor denies any liability if refusal of service results in an ongoing NFPA code violation status. If the failure of Owner to address and correct any defect in the life safety system results in the repetitive addressing of said deficiency by Contractor personnel, any additional cost beyond the normal scope of work, will be charged to Owner as an additional amount to this agreement. Owner hereby authorizes repairs up to $ 250.00 to correct deficiencies found during the system inspection. Initial to accept: Owner agrees to provide access to premises and to permit only authorized Contractor agents to inspect, alter, remove, adjust, service, repair, and add devices, equipment, or wiring. Contractor denies any and all responsibility for work performed by any other vendor. Owner agrees to be directly responsible for redecorating and other cosmetic repairs to premises necessary due to installation, maintenance, or removal of all or any part of the system. T &M Service Labor Rates — Contract Clients Normal hours (8am -5pm weekdays) $140.00/hour Overtime hours (2) $210.00/hour Double -time hours (Sundays and Holidays) (2) $280.00/hour I) 2 -hour minimum will apply; 1- hourminimumforserviceperformedon ite at time ofpre- scheduled inspection 2) 4 -hour minimum will apply Cintas Fire Protection Telephone 800.710.5710 Facsimile 408.834.4424 2188 Del Franco St, San Jose 1450 Franquette Ave, Concord