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9/7/2016 - STAFF REPORTS - 1.F.
Q pALM$,6 iy P Y N f �Offaan^ � CITY COUNCIL STAFF REPORT DATE: SEPTEMBER 7, 2016 CONSENT CALENDAR SUBJECT: RATIFICATION AND AUTHORIZATION OF PURCHASES FOR THE 2016 AIRPORT MECHANICAL ROOM FIRE. FROM: David H. Ready, City Manager BY: Chief of Staff/City Clerk SUMMARY The City Council will consider ratification and authorization of urgent action taken by the City Manager for emergency response to the 2016 Palm Springs International Airport Equipment Room fire. RECOMMENDATION: 1. Ratify the actions taken by the City Manager, for the public health and safety, and agreements for emergency response and restoration with Daniel's DKI Restoration Services and Titan Power in response to the 2016 Airport Equipment Room fire. 2. Authorize the City Manager to take other such actions as deemed appropriate and necessary for the response and restoration of the incident. STAFF ANALYSIS: On Sunday, August 7, 2016, at approximately 2:45 AM a small fire occurred in the equipment room in the main terminal at the Airport. Fire sprinklers activated and controlled the fire until the Palm Springs Fire Department arrived and completed extinguishment. The apparent cause of the fire was the uninterruptable power supply unit (UPS). At the time the Terminal was closed, and the only Staff on-site was the 24-hour Airport Operations Staff. The Terminal opened on-time on Sunday morning, some operations were impacted, while Staff was rerouting and restoring computer operations and electrical power. No flights were delayed or other customer impacts have been noted or received by City Staff. ITEM NO.�_ City Council Staff Report September 7, 2016 -- Page 2 Rules of Procedure The insurance carrier was put on notice of the incident on Monday, and an insurance adjuster and other inspectors continue to assess the damage and interior environmental conditions. Affiliated FM Insurance Company is the City's carrier for this policy, this is the same carrier which was completely responsive and timely when they covered the 2012 City Hall Annex fire loss. The insurance carrier has assigned the same adjuster as in the 2012 incident and is familiar with the City operations and has been responsive to the incident and City Staff. The City retained the services of Daniel's DKI Emergency Response and Restoration for the restoration, this is the same provider as approved by the City's insurance carrier for the 2012 incident. The City's insurance adjuster has again approved Daniel's DKI and continues to direct their restoration work. Phase 1 of the restoration was estimated at approximately $13,200. The City's insurance carrier and adjuster are now directing the scope of work and costs for continued work by Daniel's DKI. The City has also issued a purchase order for the replacement of the UPS equipment in the amount of$24,435.52 from Titan Power. Staff and the insurance adjuster continue to assess all equipment for direct damage or potential future damage or failure as follows: Radc Equipment Cost to replace Soot Exposur Water Exposur PA Ampl ifierx3,Remote PC,Network Switch,Power $70,000-100,000 X X Distribution,Rack,w/labor Common Use Rack 1 Fiber Patch Panel 4x24 $2,000-4,000 X X Common Use Rack 1 Media Converters 8with cabinet $4,000-6,000 X X Common Use Rack 1 Network Switch W/SFP $3,000-5,000 X X Common Use Rack 1 labor $6,000-9,000 Acess Control Systen 3 Panels Serving Main Terminal with Power $17,500-30,000 X Distribution w/labor Common Use Rack 2 Fiber Patch Panel 424 $2,0D34,000 X X Common Use Rack 2 Network Switch W/SFP $3,000-5,0D0 X X Common Use Rack 2 Labor $6,0D0-9,0D0 WiFi Network WiFi Gateway/Controller $9,000-12,0D0 X X WiFi Network WiFi Gateway/Controller $2,000-4,000 X X WiFi Network Poe Switch $1,0D0-2,000 X X WiFi Network Poe Switch $1,000-2,000 X X WiFi Network Power Distribution $50D-1,000 X X WiFi Network Labor $6,000-9,000 TOTAL: $133,000-202,W0 02 City Council Staff Report September 7, 2016 -- Page 3 Rules of Procedure FISCAL IMPACT: The total estimated cost for emergency response, restoration and equipment is still being assessed by City Staff and the insurance carrier. The City is insured for such a loss, and City Staff estimates the entire loss will be the responsibility of the insurance carrier, less $10,000 from the City's self-insured retention. Account No. 540-5904-43101 has been set-up in the Risk Fund to properly document and account for all costs associated with the loss. All restoration and equipment costs will be charged to the Risk Fund account, for off-set by insurance settlement. Sufficient funds are in the Risk Fund for the City's retention. MES THOMPSON DAVID H READY Chief of Staff/City Clerk City Manager Attachments: Daniel's DKI Work Authorization Purchase Order Titan Power Insurance Adjustment Letter 03 Daniel's Dki DANIEWS 73950 Dinah Shore Drive,Suite 302 Job #: Palm Desert,CA 92211 Tel:760-320.2128 License#581149 AM Date- WORK 1 AUTHORIZATION -COMMERCIAL ChiW� �p1f*vL5" IniC.f Yt r`�le,nc� -1./ On( � Customer(s): ! t Date of Loss: Property I Address: 3 i0� E. �h�v �Z �C.rrv)0/1 I�.Lj City/SlatOzip; po ' S2f-xrcr] (A Customer hereby engages anieI's KI ("Contmctor") to per he work set forth below: to addressdamage caused by ❑Wiad; XAFire/Smoke;(Water;❑Mold;❑Accident;❑Other: which occurred on the date of loss stated above('the Event")or;❑Remodel/Renovation; 1. Contract Documents: The list of documents attached and hereby incorporated into the contract is: ©Terms and Conditions; []Estimate; ®National Rate Schedule; and Customer acknowledges receipt of the following disclosures: ❑Notice to Owner of Mechanics Lien Rights; ❑Mold Notice; ❑EPA Renovate Right Lead Notice; and Other. 2. Scope of Work: A description of the project and description of the significant materials to be used and equipment to be Installed is as follows: Customer hereby authorizes and directs Contractor to fumish all labor,equipment and material to perform work at the Property as generally described below(the"Work"),or in the attached Estimate dated:_/__ EEmergeney Services IN Reconstruction'❑Restoration and Cleaning ofContents❑packing and Storage of Contents ❑Remodel/Renovation and❑Other Affectedareas Ym Y Main G L 1 { I rnth�, kwwv Rvr� c �nz Contract Price: Customer hereby agrees to pay Contractor the cost of the Work(the "Contract Price")yt_ on a time and materials basis, according to the attached National Rate Schedule; ❑Insurance Replacement Cost Value or [:]At the price presently estimated at Dollars (S. ).The price stated is an approximation made in good faith based on currently available information and an initial visual observation,and is subject to change.Reasonable value will be based on XactimatcO pricing for the date of loss and zone of the property address. / q 3. Approximate Start Date: 15 / / ;Approximate Completion Date: / / 7/ r' 4. Substantial Commencement of Work Shall Consist of: Move on of personnel.equipment or material S. Personal Liability: Customer understands that Contractor is hired by Customer and NOT Customers insurance company. Customer Initials: I Z44 . 6. NOTICE TO INSURANCE COMPANY—ASSIGNMENT OF CLAIM—DIRECTION TO PAY: Customer hereby transfers and assigns to ontractor all legal right and title tote proceeds of all insurance policies which cover the damage to the property that Contractor is to repair pursuant to this contract. Customer hereby authorizes and instructs all insurance carriers who may be liable to Customer for this loss in whole or in part to pay directly to Contractor the amounts due or to become due in connection with the Work hereby authorized or, in the alternative, to include the name of Contractor as an additional payee on all drafts issued in payment of this loss. Customer Signature: / JJ "Customer(s]^(1 have read this contract and understand it) Contractor �cv !L�^' \ / Signature. Check 966: UCustomer, Customer's Agent Signature /� ( � /r 1[i rtltl'rre ACJ4 Aif71C,) Dif�c{ar ��1771t'� mil/ 7 "Ar Print Name grid Title ' Print Name,Title and Registration 4 04 Daniel's DKI DAN 1 E L'S 73950 Dinah Shore Drive,Suite 302 Job#: Palm Desert,CA 92211AD19 Te1:760-320-2128 Date:t q- ; License N 581 149 TERMS AND CONDITIONS 1 Customer(s): � Property Address: 1 1. Release for Third Party Professionals: Indemnity If the property has sustained significant water damage,Customer is advised to retain the services of independent environmental consultant to inspect, and if appropriate, prepare remedial protocols. Customer shall indemnify and hold Contractor harmless for injury or damage arising from or related to:(a)Customer's failure to hire environmental consultants or design professionals;or(b)the errors or omissions of any such third party professional. 2. Personal Liability: Payment to Contractor is not contingent upon Contractor's invoice being fully or partially approved by Customer's insurance company. All charges shall be invoiced directly to Customer. Contractor will submit a copy of the invoice to Customer's insurance carrier(s) as a courtesy only. Customer has been informed of, and agrees: a) Customer is personally responsible for any and all deductible(s), depreciation,and charges not paid by insurance; and b) Invoices not paid by insurance are due within fifteen(15)days of the invoice date. 3. Down Payment and Schedule of Progress Payments: The schedule of progress payments must specifically describe each phase of work, including the type and amount of work or services scheduled to be supplied in each phase,along with the amount of each proposed progress payment Description of Phase Amount Description of Phase Amount Payable Payable $ $ $ $ $ / $ 4. Payment: Contractor will invoice Customer, describing the work performed and the charges. Payment is due fifteen (15) days of the invoice date, unless the'table of Progress Payments above is completed, in which case payment will be due as set forth in the table. Contractor has the right, in Contractor's sole discretion, to suspend Work until past due invoices are paid. In addition to the Finance Charges set forth below,Customer agrees to pay Administration Fees of one and one-half percent(1.5%)per month on any unpaid balance after thirty(30)days of the invoice dale,plus all actual collection costs,collection agency commissions, actual attorneys' fees,expert fees,and court costs. 5. Finance Charges:Customer will pay interest at the rate of ten percent(10%)per year on any unpaid balance after thirty (30)days of the date of invoice(interest is separate from,and in addition to the Administration Fees set forth above). 6. Partial Lien Releases: Upon satisfactory payment being made for any portion of the work performed,Contractor shall, prior to any further payment being made, furnish to Customer a full and unconditional release from any claim or mechanic's lien for that portion of the work for which payment has been made. 7. Extra Work and Chanee Orders: Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to commencement of work covered by the new Change Order. A Change Order is not enforceable against the Customer unless.it describes the scope of the extra work or change,the cost to be added or subtracted from the contract,and the effect the order will have on the schedule of progress payments and completion date. However, by California law,the contractor's failure to comply with these requirements does not prevent the contractor from the recovery of compensation for the reasonable value of change order work in the absence of a written change order. Customer agrees to execute Change Orders to increase the price to address conditions not reasonably anticipated by Contractor, 8. Limit or Liability and Indemnity: Contractor is not liable for claims arising from acts of Customer or Customer's agents. Contractor's liability is limited to an amount equal to two times the Contract Price. All claims in excess of this amount are waived. Customer shall pay for the defense and indemnify Contractor for all third party claims against Contractor that are not the result of the sole negligence of Contractor. Contractor will select counsel of its choice and control the litigation. Commercial General Liability Insurance (CGL): Contractor carries commercial general liability insurance written by Westchester Surplus Lines Insurance Company. Tel. 760-360-4700. You may call to check the contractor's insurance coverage. 9.Workers Compensation Insurance: Contractor carries workers'compensation insurance for all employees. CONTRACTOR INITIALS:_" ;116STOMER INITIALS: C ADKF 66,,,RIMM ,O CODE RED Exhibit A • COMMERCIAL SOLUTIONS = PRICE LIST r 0TERIVIS C*4 & CONDITIONS 010 Commercial Solutions, LLC 25 Northwest Point Blvd,, Suite 1000 Elk Grove Wage, IL 60007 86&277-2977 This nab sci eduh remains the properly of OKI Corraaer®I Selenium It array be kg*prMleged and Is caiideted ardManmd frdornt goa.It is blended to he Asset by The dka aadfar the dams Instance company and insurance adpader c*-This rats WWWa ma/nor he uprodaced,copied or di*umlad wilhoun plow*Mar eoaseen of CTa Canmaedal Salubans.Fursharmaa,M Cnmmerdal Sa]Ukfls daeed/do=*Ilan This sob aehedab or any pad a{this document aimetu conlideaual. 06 s co Dso'urn��oes CODE RED 2.Standard Hours-NI labor rates above are for'Standard Hours".For the purpose of this Rate Schedule."Standard Hours' shall be defined as all hours worked from 7;00am and 5t00pm,Monday through Friday,exclusive of the following Contractor holidays:New Years Day,Easter,Memorial Day,July 0,Labor Day,Thanksgiving,Christmas Eve,and Christmas Day. 2.Non-standard Hours-For purposes of this Rate Schedule'Non-Standard Hours'are defined as all hours worked before 7:00am and after S:OOpm,Monday through Friday,and all hours worked on Saturday and Sunday.tabor performed during Non-Standard Hours will be billed at one and one-half(1.5)times the rate schedule above.In the event Contractor is required to pay double time for any work performed by all classifications,pursuant to state or federal law or the terms of any collective bargaining agreement,the rates for such labor hours shall be 2.0 times the rates schedule above.Holidays are charged at two times(2.0)the rate schedule amounts. 3.Blo•Hazard Damage—Restoration from bia-hazard damage will be charged at two(2.0)times the standard rate schedule (detailed above)for all services performed.Pre-restoration mobilization of personnel and equipment and post-restoration decontamination and demobilization will be at normal standard or non-standard rates. 0.Stand By Charges:When circumstances beyond our control require DKICS franchise to stand-by,a minimum charge of six (6)hours,at applicable rate charges shall be charged.Per them and lodging shall be charged under the same circumstance. S.Resource Management Fees:A resource management fee will be charged by DKICS franchise for the management of client's labor force or temporary labor force at a rate of three dollars($3.00)per hour per man. G.Mobilization&De-Mobilltation Time:Mobillzatlon/De-Moblllzation Time is defined as large sale Mobilization/De- Mobilization operations where many activitles transpire to move resources to a location or event area. 7.Legal Rates—These rates and provisions-are predicated upon Contractor standard wage rates and overtime compensation practices.To the extent the work under:a particular contract Is subject to Federal and State minimum wage and hour laws or collective bargaining agreements which modify Contractor standard rates and practices,adjustments shall be made to the hourly rates and other labor provisions stated above. Initial LlAi DKICS-01.06.15REV3 0 2015 DKI Commercial5olutlons,LLC 07 ��I Akk t�RRR�actuu soulrlotusp CODE RED • • Oven,Vacuum Drying DAY $ 623.00 Portable Flood Extractor DAY $ 125.00 Power Washer-2500-3000 PSI-Hot water(portable) DAY $ 155,00 Power Washer-2600-3000 PSI(portable) DAY $ 75.00 Power Washer-4500PSItrallermounted DAY $ 540.00 Pump 1'Electrical DAY $ 66.00 Pump 2"Electrical DAY $ 85.00 Pump 2'-4'Gas DAY $ 145.00 Pump 3'Electrical DAY $ 95.00 Pump 5"4r Gas DAY $ 185.00 Pump 7'-6"Gas DAY $ 295.00 Pump 80+Gas DAY $ 375.00 2'Discharge Hose-50' DAY $ 15,00 Additional Hose 25' DAY $ 25.00 Thermal Imaging Camera DAY $ 180.00 Truck-Mounted Extraction Unit DAY $ 525.00 Wall Drying Unit-Ducted(Direct4n) DAY $ 85.00 Water Diversion System-Tiger Dam,per 50'section EACH $ 275.00 Zipwell®Barrier System,per bag(polyethylene chaged separately) DAY $ 33.00 Gno rator-<1Dkw DAY $ 132.00 rator-25kw DAY $ 408.00 enerator DAY $ 612.00 rator-60kw-75kw DAY $ 792.00 Generator-80kw-100kw DAY $ 972.00 rator-125kw-175kw DAY $ 1,224.00 Generator-200kw-225kw DAY $ 1,296.00 Generator-250kw DAY $ 1.350.00 Generator-300kw-375kw DAY $1.440.00 _ Generator-400kw-475kw DAY $1,968.00 Generator-5Wkw DAY $2.496.00 Generator-750kw DAY $3.840.00 Generator-1000kw DAY $4,512.00 240 HR Generator Service Fee EACH $ 500.00 r . 100 Amp Panel/Service Box DAY $ 100.00 200Amp Panel/Service Box DAY $ 200.00 40DAmp Panel/Service Box DAY $ 400.00 600 Amp Panel/Servica Box DAY $ 600.00 Cable,Cam Lac-100' DAY $ 54.00 Cable,Cam Loa-50' DAY $ 30.00 Cable,Spider Box 50amp Twist Lock< Cable-50' DAY $ 36.00 Cord Ramp DAY $ 12.00 Downline Extension Cable 100' DAY $ 50.00 DKICS41-WISREV3 0 2015 DKI Commercial Solutions,LLC 08 �s coNla D wT,oN CODE RED r . Gas Meter DAY $ 132.00 Hand Waehl Station DAY $ 90.00 HVAC Video Camara DAY $ 150.00 HVAC Vidso Camera Tape DAY $ 90.00 KETI'Saw DAY $ 75.00 Ladder-Ste /Mdenslon-each,per day u to 317) DAY $ 15.00 Mechanical Gang Box(Heavy tools) DAY $ 37.00 Mop Bucket with Wringer DAY S 6.00 Moving Blanket EACH $ 3.84 Outdoor Canopy Tent DAY $ 60.00 Pallet Jack DAY $ 42.00 Pump-up sp r-each,per day DAY S 12.00 Remote MGnitaring Sensors DAY $ 55.00 Rotary Floor Scrubber DAY $ 75.00 Scaffolding-Large set,per section DAY $ 56.00 Scaffolding-Smell set,per section DAY S 28.00 Scaffolding,Baker DAY $ 35.00 Scissor Lift-20'+ DAY $ 330.00 Scissor Lift-up to 20' DAY $ 270.00 SkyTrak DAY $ 540.00 SkyTrsk Bucket DAY $ 114.00 SkyTrek Forks DAY S 150.00 SkyTrak Men Basket DAY $ 168.00 Sprayer-Industrial aldess-each,per day+AS3 DAY $ 120.00 Steam Cleaner DAY $ 243.00 Trash Containers-30-45 gallon-each,per day DAY $ 6.00 Tod set-Demolition(Standard electrical tools for crew leader DAY $ 40.00 Ultrasonic Bath,Portable DAY $ 324.50 Vacuum.HEPA -5-25Gallon DAY $ 48.00 Vacuum.HEPA-55 gallon-each,perday DAY $ 225.00 Vacuum,HEPA.-back pack-each,per day DAY $ 65.00 Vacuum,Shop-each,per day DAY S 25.00 Vacuum,Upright -each,per day DAY S 15.00 Initial DKICS-01.06-15REV3 0 2015 DKI Commercial Solutions,LLC 09 4& la. COERcD U nONS CODE RED NitVI 7CRadlo2 ellite Phone—(Airtime will be charged separately) DAY $ 50.00 lons-Radio Device Fee,Per Crew DAY $ 25.00 tions-Satellite System Fee DAY $ 175.00 y-Jab She Communications(minimum qty-2) DAY S 12.00 EQUIPMENT5. SAFETY Fire Extinguisher DAY 1S 18.00 First Aid Flit/Safety Station EACH $ 135.00 Gloves—Cotton PAIR $ 2.00 Gloves—Latex BOX $ 38.00 Gloves—Leather PAIR $ 6.50 Gloves—Rubber PAIR $ 4.50 Hand Sanitizar—Spray Bottle EACH $ 7.00 Herd Hal EACH S 7.50 PFP—Personal Fell Protection(Harness,Villa line) EACH $ 42.00 PPE—Personal Protection Equipment(Herd hat,Gaggles,Gloves,Uni rrns) EACH $ 30.00 Protective Suites(PolyPro-Tyvak) EACH $ 12.00 Protective Suits(Saranex Chemical) EACH S 31.00 PRP—Personal Respiratory Equipment(no filters) &CH S 35,00 Respirator—N95—each(20 per box) EACH S 37.50 Safety Glasses EACH $ 5.00 Shoe Covering/Booties BOX $ 25.00 Initial f /L9Y DKICS-01-WlSREV3 0 2015 DKI Commercial Solutions,LLC 10 eaLmlloecD umt,ws CODE RED Deodorizer(5 Gallons) EA $ 68.00 DlslnfeclanlWlpes CONTAINER $ 12.48 Door Stops EACH $ 4.00 D-RIng EACH $ 8.50 Drum Liners EACH $ 20.00 Duct,Lay Flat(5D0')with hog,dos ROLL $ 467.60 Ec 12 Electronics Cleaner GALLON $ 30.00 Encapsulate.Antifungicidal GALLON $ 82.00 Extra Duty Cleaner Degreaser GALLON $ 17.00 Fabric Protector GALLON $ 40.00 Fasteners, Msdl-ock 8 Hasp - EACH $ 40.00 Fiberboard Flooring ROLL $ 86.40 Filter-8x10xl Pleated EACH $ 8.50 Filter-12x12x1 Pleated EACH S 8.75 Filter-12x20xl Pleated EACH $ 11.75 Filter-18x20x2 Pleated EACH $ 12.75 Filter-20x20x2 Pleated EACH $ 13.75 Filter-24x24x2 Pleated EACH $ 14.75 Filter-Charcoal.Air Scrubber - EACH $ 32.50 Filter-HEPA Scrubber/Vacuum)- - EACH $ 290.00 Filter-HEPA Charcoal(Scrubber) EACH $ 116.40 Filler-HEPA Scrubber NAM Primary EACH S 12.30 Filter-HEPA Scrubber NAM Secondary EACH $ 12.30 Filter-Refrigerant DH Primary EACH $ 8.00 Filter-Refrigerant DH Secondary EACH $ 17.70 Floor Buffer Pad EACH $ 12.50 Floor D (40#) BAG $ 15.60 Floor Sweep BOX $ 95.00 Foam Scrubbing Pads PACK $ 51.50 Fogging Solution GALLON S 75.00 Fragile Stickers ROLL $ 38.40 Fumiture Blocks BOX $ 86.00 Fumiture Pads 4'X4"(1000/Box) BOX $ 17.95 Furniture Polish CAN $ 10.2D Furniture Sliders Set of 4 $ 23.98 Furring Strips EACH $ 0.77 Grinder Wheel-Wire EACH $ 28.50 Hops I Small Particulate Coliectlon Bags EACH $ 18.00 Hip Waders DAY $ 34.80 Liquid Laundry Detergent GALLON $ 17.50 Lock Box EACH $ 45.50 Lumber-1x4x8 EACH S 625 Lumber-2x4x8 EACH $ 9.09 Lumber-Plywood EACH $ 32.50 Mop And Handle EACH S 16.25 Mop Heads EACH $ 6.00 Mop Heads-Rayon EACH $ 8.50 OKIC5-01-06G15REV3 C 2015 DKI Commercial solutions,LLC 11 ADIN36 CODE RED Ta e—Duct ROLL $ 11.50 Tape—Packing ROLL $ 7.75 Ta a—Painters ROLL $ 9.50 To a,Clean Room ROLL $ 2450 Ta 9, Dr.Shdnk^ Preservation,Up To 6" ROLL $ 32.00 Taping-Blue RemediaUon ROLL $ 7.95 Japping Tees!Reversers(setup to 5) DAY $ 21.00 Tarps SF $ 0.45 Thinner,PaintUneral Spirits GALLON $ 22.50 Through Bolts EACH $ 6.00 Towels,Disposable Heavy Duty CASE $ 35.00 Twlne BOX $ 44.50 Walk Off Mats Per Pad Of 30 Sheets PAD $ 55,00 Wood Restoration Cleaner(32oz) EACH $ 29.64 Initial-UA DXIC541-0r-ISREV3 0 2015 DKI Commercial Solutions,LLC 12 0 A n J319 coMMBiCL4LSOLU7tONs CODE RED ADDITIONAL NOTES DKICS-01-06•SSREV3 0 201S DKI Commercial Solutions,LLC 13 BuySpeed Qnline http://wwwl.palmsprings-ca.gov/bso/share/report.sdo?poNbr-17-03... w ~ Purchase Order PO Printed Date: 08109/2016 CITY OF PALM SPRINGS Procurement&Contracting Division Logo 3200 East Tahquitz Canyon Way Palm Springs,CA 92262 Us v 11717 00000316 PO Date: 08/09/2016 Purchase Order Number E Titan Power,Inc. Buyer: Leigh Gileno 17-0377 : 0 N John Klems Phone#: (760)322-8374 D '.. 7031 W.Oakland St FOB: F.O.B.,Destination ALL PACKING SLIPS, O Chandler,AZ 85226.2400 Terms: Net 30 R INVOICES AND Email:admin@titanpowercom : CORRESPONDENCE Phone:(800)509-6170 Ext.113 MUST REFERENCE THIS Id: 323 NUMBER. S B H 62000-AVIATION DEPARTMENT I Accounts Payable AVTN-Mark Jucht L 3400 E.Tahquitr Canyon Way P 3400 E.Tahquitr Canyon Way L Suite OFC '.. Suite OFC Palm Springs,CA 92262 ',. T Palm Springs,CA 92262 f T US O Us 0 Deparhnent Bid Number Requisition Delivery Date Number 62000-AVIATION DEPARTMENT 62000-17-08822 0Days ARO Item Class-Item Bid Req Line Quantity Unit Unit Total Item# Item# Price 1 (936 - 73)Eaton-Three Phase 9355 Series Three 2000-17-08822-1 1.0 EA-Each $16,463.40 $16,463.4 Phase Tower UPS KB3013100000010 2 (936 - 73)Eaton 9355-20/30KVA Maintenance 2000-17-08822-2 1.0 EA-Each $2,769.20 $2,769.2 Bypass Panel 3 (936 - 73)UPS Gateway card for UPS remote 2000-17-08822-3 1.0 EA-Each $351.90 $351.9 montoring 4 (936 - 73)Rigging the new UPS into place 2000-17-08822-4 1.0 EA-Each $500.00 $500.0 (936 - 73)Project Management 2000-17-08822-5 1.0 EA-Each $850.00 $850.0 Notes: Pricing as per Equipment/Labor 5 Proposal#14401 dated 818/16. Replacement unit due to fire on /7/16.Emergency purchase approved by City Manager 819/16. INSURANCE:THE CONTRACTOR MUST HAVE AND KEEP N FORCE FOR THE ENTIRE TERM OF THIS AGREEMENT GENERAL LIABILITY, AUTOMOBILE LIABLITYAND WORKERS' COMPENSATION INSURANCE IN AMOUNTS SATISFACTORY TO THE CITY GENERAL AND 6 AUTOMOBLE LIABILITY INSURANCE SHALL NAME THE CITY OF PALM SPRINGS AS 1 ADDITIONAL INSURED AND COVERAGE MUST BE PRIMARYAND NON-CONTRIBUTORY OVER ANY INSURANCE THE CTTYMAYMAINTAN.THE WORKERS COMPENSATION POLICYSHALL CONTAIN THE INSURERS WAIVER OF 1 of 3 8/9/2016 11:22 AM BuySpeed Online http://wwwl.palrrLsprings-ca.gov/bso/share/report.sdo?poNbr=17-03... H SUBROGATION IN FAVOR OF CITY,ITS ELECTED OFFICIALS,OFFICERS,EMPLOYEES,AGENTS AND VOLUNTEERS.THE TERMS OF THE INSURANCE POLICIES SHALL PROVIDE THAT SAID INSURANCE MAY NOT BE AMENDED OR CANCELLED BY THE CARRIER WrIHOUT 30 DAYS PRIOR WRITTEN NOTICE TO THE CITY FY Account Code Dollar Amount 17 540-5904-43101 $23,197.11 Subtotal $20,934.5 _ Tax $1,762.61 Frei h $500.0 Discoun $o.o rota $23.197.11 i .,. .... Authorized C' _.. I re.._.. FIN APPROVED A ENCUMBERED PURCHASE ORDER TERMS AND CONDITIONS 1. Please Submit invoices in duplicate 4. Notify at Once if Order cannot be filled 2. Please submit separate invoices for each other 5. The city is not exempt from Califomia sales tax. '.. 3. Show POR on each carton label 6. The city is exempt from Federal excise tax. 1. Acceptance:City reserves the right to refuse any goods and to cancel all or any part of the goods not conforming to applicable specifications d rewings,samples or descriptions Acceptance of any part of the order shall not bind City to accept future shipments,nor deprive it of the right to return goods already accepted. 2. Late Deliveries:If delivery of the commodity or service cannot be made as speicified or sooner and at the price shown,notify the City Purchasing Manager immediately.And correspondence,other than invoices,relating to this Order must be sent to the Purchasing Manager, The City reserves the right to cancel order if delivery is riot made by the time specified. 3. Risk of Loss:Delivery shall not be deemed to be complete until the goods have been actually received and accepted by the City. 4. Defects:By accepting this order Seller acknowledges that the goods covered by this order are satisfactory for the purposes intended by City. 5. Prices:Unless otherwise provided,goods shall be furnished at the prices indicated on this order only.Invoices will be horored for purchase order prices only.Price on the order include delivery to the Department within building unless otherwise specified on the order. 6. Patent Infringement:Seller agrees to indemnify City and hold it harmless from and against all liability,loss,damage,and expense,including reasonable counsel fees resulting from any actual or claimed trademark patent or copyright infringement,or any litigation based thereon with respect to any part of the goods covered by the order,and such obligation shall survive acceptance of the goods and payment therefore by the city. 7. Packing:All goods,wrappers and containers must bear markings and labels required by applicable federal,state,and municipal laws and regulations for the protection and safety of persons and property and Seller warrants that prices include all charges to packing,crating,and transportation to f.o.b.point. _ 15 2 of 3 8/9/2016 11:22 AM BuySS eedQnline http://wwwI.palmsprings-ca.gov/bso/share/report.sdo?poNbt=17-03.,. 8. Nonassignment:This order must not be assigned or transferred to anyone without the written approval of the Purchasing Manager. 9. Labor Disputes:Whenever any actual or potential labor dispute delays or threatens to delay the timely performance of the order,Seller shall immediately give notice thereof to City. 10. HAZARDOUS MATERIAL:SELLER SHALL PROVIDE MATERIAL SAFTTY DATA SHEETS FOR EACH PRODUCT CONTAINING HAZARDOUS SUBSTANCES AS LISTED BY CALIF.DR.IND.REL.N CALIF.ADM.CODE,TITLE 8,SEC 5194 AND LABOR COSTS. Seller agrees to furish Material Safety Data Sheet(Form OSHA-20)as applicable for hazardous or potentially hazardous products. 11. Discounts:Discount period will be computed from date of receipt of invoice,or goods or services whichever is the later date. 12. Hold harmless:seller agrees to indemnify,defend and save City and its agents and employees harmless from any and all liability,claims, damages or injuries to any person,including injury to Sellers employees and all claims which arse from or are connected with the negligent performance of or failure to perform the work or other obligations of this agreement,or are caused or claim to be caused by the negligent acts of Seller,its agents or employees,and all emenses of investigating and defending against same;provided,however,that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City,its agents or employees, 13. In the event of any conflict between the provisions of this Purchase Order Terms and Conditions and the terms of any proposal or related documents submitted by a vendor or a consukant,including without limitation a scope of work or atemate contract terms and conditions,the provisions of this Purchase Order Terms and Conditions shall control. 14. Labor Compliance Requirements(Prevailing Wage,SB854 Etc).Iapplicable,ContractorAtendor must comply with all labor compliance requirements including but not limited to prevailing wage requirements,SB 854,Labor Code sections 1771.1(a)&1725.5,Public Works Contractor Registration Program,Electronic Certified Payroll Records to Labor Commissioner,and other requirements described on the direct links provided in the document'Labor Compliance Requirements(Prevailing Wages,SB 854 Etc.',posted on the City Purchasing's website. 16 3 of 3 8/9/2016 11:22 AM BuySpeed Online http://www l.palmsprings-ca.gov/bso/share/reportsdo?report=&revN... PO Change Order PO Printed Date: 08/09/2016 City of Palm Springs ' p Procurement&Contracting Division 3200 East Tahquitz Canyon Way " Palm Springs,CA 92262 H�4 tip US OR�tir. V Vendor Number:00000316 Change Order Date: 08/18/2016 Change Order Number E Original PO Date: 08/09/2016 N Titan Power,Inc. Buyer: Leigh Gileno D 7031 W.Oakland St Phone#: (760)322A374 Purchase Order Number O Chandler,AZ 85226-2400 FOB: F.O.B.,Destination 17-0377 : U R US Terms: Net 30 "- .--- ALL PACKING SLIPS,INVOICES AND CORRESPONDENCE MUST REFERENCE THIS NUMBER. H j 62000-AVIATION DEPARTMENT N Accounts Payable I AVTN-Mark Jucht = V 3400 E.Tahquitz Canyon Way P 3400 E.Tahquitz Canyon Way O : Suite OFC j Suite OFC _ I ! Palm Springs,CA 92262 T Palm Springs,CA 92262 C us O us E Change Order Note: Item changes have been made Department Bid Number Requisition Delivery Date Number 62000-AVIATION DEPARTMENT 62000-17-08822 0 Days ARO JKVA Class-Item Bid Req Line quantity Unit Unit Total Item# Item# Change Price Change 936 - 73)Change Order#1 to increase PO for the 1.0 LOT-Lot $1,238.41 $1,238.41 urchase of an UPS unit upgrade from a 20KVA to a OKVA.Odginal UPS 30KVA was not available and a 20 was used to replace it with an upgrade to a 30KVA meet specifications.As approved by City Manager on 17. hange Description:Item 7 added FY Account Code DollarAmount 17 540-5904-43101 $1,23841 Sub-Total ChV 1 Tax Ch Frei ht Ch Discount Ch Change Order Previous 1 1 of2 8/18/201610:36 AM BuySpeed Online http://www I.palmsprings-ca.gov/bso/share/report.sdo?report=&revN... Revised Total $24 435.51� INVOICES:Direct invoices in DUPLICATE to the address shown above.TERMS AND CONDTIONS set forth in our Bid or Quotation,on the reverse side hereof or incorporated herein by reference become apart of this order. DAECTOR OF PURCHASERBUYER FINANCE APPI _D� ENCUMBERED _.. VP 18 2 of 2 8/18/2016 10:36 AM VV PURCHASE ORDER CHANGE REQUEST Date: 08/17/16 P.O. Number: 17-0377 Vendor No.: 1 1 71 7/0000031 6 P.O. Date: 08/29/16 Vendor Name: TITAN POWER, INC Change No.: 1 Originating Dept.: Aviation PLEASE CHANGE OUR ORIGINAL PURCHASE ORDER AS FOLLOWS: ❑ Change quantity to: ❑ Change description of work or scope to read: ❑ Change unit prices to: ❑✓ Change total purchase order price to: $ 24,435.52 For a change o 1,238.41 ❑✓ increase ❑decrease Account to ch rease: 540-5 04-43101 Account to which decrease applies: Title of Account being used: Explanation/Justification of reasons for Change Order Request: Titan Power was not able to locate a 30 KVA UPS anywhere in the USA. Due to the urgency and importance of the UPS, PSP management agreed with Titan Power's recommendation to purchase a 20 KVA UPS and have it upgraded to a 30 KVA. Authorized By: i 4 Department Dir ctor Procurement & 6eilacting 19 Proposal Number: 14447 ZITAPOWE—""R Corporate Office OMCo rs'ersmN.B aD.mmmN 7031 W.Oakland St, I Chandler,Arizona 85226 (800)509-6170 Office:(480)9683191 1 Fax:(480)968-3111 I infbOdannower com Attn:Steve Bowser Palm Springs,City of Palm Springs,City of 3400 E.Tahquitz Canyon Way 3400 E.Tahquitz Canyon Way Palm Springs,CA 92262 Palm Springs,CA 92262 1 1.00 Eaton-Three Phase $13,886.95 $13,886.9 Eaton 9355 Series Three Phase Tower UPS KB3013100000010 20kVAIl BkW 20aY/120V HW in and out 11 minutes internal runtime at full load contains Rotary We MBS (1)7X248tartup SeNoe included (Domestic US Only-Eaton CSE to perform the Startup to Validate the Warranty) - Dims:66"H x 20"W x 34.1"D each Weight:1160 lbs each WARRANTY:1-Year Parts 9355 20KVA can be ungraded in the field to 30KVA Lead Time:Two Days 2 1.00 1 Eaton 9355-20/30kVA Maintenance Bypass Panel $2,769.20 $2,769.2 208V/208V,Wall Mount,3 Breaker,Make Before Break (225A Bus,225A Neutral,8 110A MBP, 125A MIS, 110A MIS), Dims:48"H x 20"W x 5.8"D each Weight:120 Lead Time:Two Days - 3 1.00 9355 201(VA Upgrade in the field to 30kVA $3,712.61 $3,712.61 4 1.00 UPS Gateway card for UPS remote montoring - $351.90 $351.9 5 1.00 Freight $500.00 $500.0 A with a left gale truck will be required for delivery 6 1.00 Rigging the new UPS into place $500.00 $500.0 7 1.00 Project Management $850.00 $850.0 All Titan Power travel,expenses,incidentals,overhead,administration and labor associated in managing the project in a timely and efficient manner. By signing customer block below andlor by submitting payment,customer agrees to all the terms and $22,570.66 conditions as specified in Titan Power's Terns and Conditions. $1,864.86 'Sales Tax,If applicable,is not included in the proposal unless specifically indicated in the above pricing. $24,435.52 Ship Via: IDelivery Time: ARO Type of Service:Equipment Only Sales Equipment only.Electrical,Rigging,Mechanical,Engineering estimates not included unless speclfically stated in quotation scope of work.(These costs can be proWed upon request).. I � _ Equipment Start up must be coordinated directly with the Manufacturer. [Q . TITAW POWER DATA CENTER•DESIGN•BUILD•MAINTAIN 8/8/2016 - Steve Bowser Palm Springs,Cityof 3400 E.Tahquitz Canyon Way Palm Springs,CA 92262 Subject:Equipment and/or Labor Services Proposal Titan Power Proposal k:14447 Customer Solicitation k(if applicable): Dear Steve Bowser, Titan Power is pleased to have the opportunity to submit this proposal for your review and consideration.Enclosed please find Titan Power's proposal, along with supporting information and documentation for your reference.We have taken great care to be as thorough as possible in our submittal of this proposal. As an industry leading service provider for critical power and air environments,Titan Power pledges to provide a superior level of service and reliability through several key differentiating factors: • Experience-Complete over 50 turnkey critical power and air equipment installations on average every year • Support-24 x 7 x 365 Support and Emergency Service • Brand Neutral,Single-Source Solution-Provide,install and service all major brands of equipment from over 3S different manufacturers • Competitive Pricing-History of high sales volume with suppliers,passing top-tier level pricing and discounts to the customer • Culture of Responsiveness-Organization built on providing prompt and efficient response to both customer requests and emergencies • Audited Safety Program-Ensures strictsafety procedures are followed by all Thank you for your interest in Titan Power as your service provider.We look forward to working with you and Palm Springs,City of on your critical power and air requirements.Should you have any questions or require any additional information please feel free to contact me. Sincerely, 0fM&ttJ" �CILIRC�. Andrew Berney President&Director of Operations 0:480-968-3191,x101 I M:480-861-4620 1 P:480-968-3111 aberney@titanpower.com www.titanoowercom 7031 West Oakland Street I Chandler,Arizona 85226 toll free:800.509.6170 I office:480.968.31911 fax:480.968,3111 www.titanoowercom I ioforatitanooweccom Contractor Lic.:AZ 228490 1 AZ 216136 1 CA 8846611 NV 77127 21 Payment Terms Net 30.Equipment orders are subject to down payment when placing order and payments made when shipped and delivered. Purchase Order:Send Purchase Authorization to orders@titanpower.com or(480)968-3111 by fax. Payments Accepted:check,all major credit or P cards,ACH CUSTOMER TITAN POWER Signature: Signature: a0rdJ..�—• ?^� Print Name: Print Name: Andrew Berney Title: Title President&Director of Operations Date: Data: 8/8/2016 Phone: Phone 480-968-3191 Ext.101 Email: Email abemey@btanpower.com 2 Titan Power,Inc. I Terms&Conditions I Equipment and/or Labor 1. DEFINITIONS:As used In this Service Agreement("Agreement"):(A)"TPI"shall mean Titan Power,Inc.;(B)"Customer"shall mean the party requesting Titan Power's services;(C)"The Parties"or"a Party"shall mean either Customer,TPI or both. These terms and conditions,in conjunction with any specific terms set out on the attached Proposal or order,or in any other document Issued by TPI and specified In the attached Proposal,or order,shall constitute the entire contract between TPI and the Customer.No variation of these Terms and Conditions shall be effective or binding upon TPI unless in writing and signed by an authorized employee of TPI. 2. PROPOSAL AND PRICES:(A)Written Proposals for batteries are valid for 10 days from the date they are Issued.All other written Proposals are valid for 30 days from the date they are issued.Prices are firm far goods that are on order unless the shipping date is beyond 6 months from the date the order was placed.All clerical errors are subject to correction;(B)All Proposals,delivery dates and other agreements are contingent upon strikes,accidents,fire,availability of_materials and all other causes beyond our control and dependent upon our prompt receipt of all details necessary for the execution of customer's order;(C) All sales are subject to appropriate sales taxes.Sales Tax,if applicable,may not be Included in the proposal unless specifically indicated in the above pricing 3. ACCEPTANCE OF ORDER:Orders based on wild Proposals are subject to acceptance by an authorized employee of TPI.TPI is not obliged to execute any order received other than in writing. 4. PAYMENT TERMS:Payment terms are set forth In the proposal.Standard payment terms are net thirty(30)unless otherwise stated in the proposal.Equipment Orders are subject to down payment when placing the order and payments made when shipped and delivered.New Customers are subject to credit approval.International orders must be shipped to a USA address 5. DELIVERY AND SHIPMENT POLICY:Delivery of the equipment to a common carrier at any TPI location shall constitute delivery to the purchaser and,regardless of freight payment,title and all risk shall pass to purchaser at that time.TPI cannot be held responsible for damaged goods that were delivered,In good condition to the carrier.TPI shall assist customer in making a claim and shall expedite replacement materials to satisfy the claim.Claims for shortages or other errors must be made within ten(10)days from the date of shipment.TPI will communicate the anticipated ship date when acknowledging the status of an order.This is an estimated date, and shall not constitute a term of any contract.TPI reserves the right to invoice and the customer shall pay for the value of the goads and/or storage fees in the event shipment Is delayed at the Customer's request beyond this date.Title shall pass to the Customer on the date of Invoice,and as such shall be responsible for any insurance coverage. 6. EQUIPMENT WARRANTY:TPI is a reseller of manufactured equipment.Equipment sold by TPI will have a manufacturer warranty.In the event of a claim of defective equipment,notice of claim must be submitted to manufacturer as outlined in the manufacturer's warranty policy. 7. LIMITATION OF DAMAGES:TPI shall not be liable for any claim arising from special,indirect or consequential damages nor from any loss of production or other losses resulting from the failure of equipment.The company shall not be responsible or liable for delays or failures to deliver due to causes beyond our control such as strikes,fire,failure of machinery,unavailability of materials or transportation or acts of God. 8. CANCELLATION:An order accepted by TPI may be canceled only with TPI's approval and upon terms safeguarding TPI from loss.A restocking fee may be incurred by Customer for canceled orders. 9. PRODUCTRETURNS:Any customer requested changes or cancellations will result In additional charges and restocking fees.TPI will not accept non-warranty product returns.Claims must be made within thirty(30)days of receipt of order directly to the manufacturer OF the equipment.All returns will be subject to inspection.All returns must be shipped pre-paid and customer maybe responsible for shipping fees. 10. DEFAULT:In the event either parry shall breach any of the material terms and conditions of this agreement,the aggrieved party shall notify the other party.The offending party shall have ten(10)days to correct the identified breach.In the event such breach Is not rectifled to the satisfaction of the aggrieved party,then the aggrieved party shall be entitled to declare the agreement null,void and of no further force and effect.In the event of termination hereof,the Customer shall be obligated to pay TPI for all Parts and Service already provided and shall continue to observe the limitations set forth in this agreement.These terms and conditions and any disputes arising thereof shall be governed by the State of Arizona,Maricopa County. 11. MODIFICATIONS/WAIVERS:Reference to Customer's request for proposal or other documents Is made part of this Agreement only to the extent such items or terms are consistent with this Agreement.No agent or employee of TPI shall have authority to waive any clause of this Agreement unless approval is obtained from TPI In writing and signed by an authorized representative of TPI. 12. ASSIGNMENT/DELEGATION:Neither Customer nor TPI may assign this Agreement or any of Its rights hereunder without prior written consent of the other.Such consent shall not be unreasonably withheld.This Agreement shall be binding on the parties hereto,their heirs,successors and assigns. 13. SEVERABILITY:If any section or part of these Terms and Conditions Is or becomes illegal,unenforceable or Invalid,then such part or section shall be struck from these Terms and Conditions and the remainder of this Agreement shall remain in full force and effect. 23 GMA INSURANCE ADJUSTERS, INC t 101 S.Kraemer Blvd, Ste.212 Placentia,CA 92870 t � (714) 572-1600 j) FAX(714) 572-1699 August 12, 2016 Via Email(uhses.aenirreApalmsprinEs-Via Email( cagov) Mr. Ulises Aguirre Assistant Airport Director. City of Palm Springs 3400 E. Tahquitz Canyon Way Suite OFC Palm Springs, CA 92262-6966 RE: Insured City of Palm Springs Location of Loss 3400 E. Tahquitz Canyon Way, Palm Springs, CA Date of Loss August 7,2016 Type of Loss Fire GMA File No. 265194 AFM Policy No. . SX260 AFM Loss ID 364979 AFM Claim ID 456574 Dear Mr.Aguirre: We have been retained by Affiliated FM Insurance Company (AFM) with regard to the above captioned matter. This letter will acknowledge receipt of the assignment and my subsequent inspection of the damage with you and Michael DeCastro, network administrator for the department of aviation, on August 10,2016. Briefly, it is our understanding that sometime between 2 and 2:30 a.m. on August 7, 2016, there was a fire originating in the room indentified as "The Pit", which appears to have started in the Power Ware model 9355 30KVA UPS system. What caused the fire is currently under investigation. As a result of the fire, the fire suppression system activated with one fire sprinkler head discharging for an undetermined period of time to control the fire until the fire department arrived on scene to fully extinguish the fire. The physical fire damage is limited to The Pit with smoke damage in the ventilation system, offices near The Pit and the terminal ticketing area accessible to travelers. 24 Mr.Ulises Aguirre August 12, 2016 Page 2 This letter will confirm that AFM has retained Rimkus Consulting to assist in the investigation as to the origin and cause of the fire. We understand that Dave Lowe of Rimkus has completed his visit and initial assessment of the area of origin located in The Pit. Mr. Joe Nowikowski, an electrical engineer also with Rimkus Consulting, will further inspect the UPS system on Monday,August 15, 2016, Werlinger & Associates have been retained by AFM to assist in the evaluation of the damage to electronic equipment located in within The Pit, which is owned by and the responsibility of the City of Palm Springs to insure and repair. Their inspection will also take place on Monday,August 15,2016. Hygiene Technologies will be assisting in evaluating the scope of the smoke damage with the collection of air and surface samples from walls, ceiling tiles, ventilation ducting and carpeting in the impacted areas. They will provide the test results to assist Daniel's DKI, the restoration contractor retained by the City of Pahn Springs to assist with the clean up, to establish the scope of the clean up. I will be in further contact with you as soon as I receive reports from Hygiene Technologies and Werlinger & Associates. In the meantime, the City of Palm Springs may proceed with the removal of the UPS and other equipment identified by Mr. Lowe to be set aside in a secured area and protected from the environment for further evaluation by Mr. Nowikowski. DKI may also proceed with the removal of the damaged drywall and initiate cleaning within The Pit so that it is ready for the installation of the new UPS system when it is received early next week. DKI may also perform the initial cleaning of the carpet in the ticketing area to help control the spread of soot caused by the pedestrian foot traffic. Should you have any questions in the interim,please contact me at your convenience. SK4�dcrsA ely, �`�G General Adjuster RH/dmk/11 cc: Jay Thompson(ja .tthhorripson(cr7,palmsprings-ca.gov) Adolfo Hernandez(ahernandezlakeenan.com) Affiliated FM (thanh.tien@,fmslobal.coml 25