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Home My WebLink About12/4/2013 - STAFF REPORTS - 2.L. �OQ F A LM SA4 iy c V N arn°` c44 fit 00%P CITY COUNCIL STAFF REPORT DATE: December 4, 2013 CONSENT AGENDA SUBJECT: APPROVE CONTRACT AWARD FOR CLEAN AGENT FIRE SUPPRESSION SYSTEM FOR AIRPORT FROM: David H. Ready, City Manager BY: AIRPORT SUMMARY This action is to consider awarding a contract to install a new fire suppression system for the main computer server room at Palm Springs International Airport. RECOMMENDATION: 1. Approve the agreement with EMF Fire Solutions for Clean Agent Fire Suppression equipment and its installation at the Airport's Information Technology (IT) server room, as specified in Invitation for Bid #14-03, in the amount of $25,512.00. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The Airport's computer systems and security hardware system network are currently housed in a 3200 cubic foot interior room with a water-based fire suppression system. If the current system's water were to discharge, it would destroy this electrical and computer control systems equipment resulting in a major shutdown of critical systems that are necessary for essential Airport operations. It has been recommended by a risk assessment auditor and other technology experts that the water fire suppression system be replaced by a non-water-based clean agent system. The system will be integrated into the Airport's current fire monitoring system as coordinated with the City Fire Marshall and in compliance with the California and NFPA Fire Codes. ITEM NO. City Council Staff Report December 4, 2013- Page 2 Approve Contract Award for Clean Agent Fire Suppression System for Airport The Procurement and Contracting Division conducted a formal solicitation through IFB # 14-03 which was publicly advertised, posted to the City's website, and notices distributed directly to a number of qualified firms. Three (3) providers responded and the results of the bid are tabulated as follows: Vendor Price Quote JAM Fire Protection $48,100 Simplex Grinnell $39,560 EMF Fire Solutions $25,512 Bids were reviewed, and staff recommends the award of the contract to the qualified low bid submitted by EMF Fire Solutions at the cost of$25,512. FISCAL IMPACT: This project was budgeted and funds are available in account 416 6501 56139, Thomas Nolan, Executive Director, Airport David H. Ready, anager 02 AGREEMENT THIS AGREEMENT made this day of in the year 2013, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and EMF Fire Solutions hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 --THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: NEW FIRE SUPPRESSION HALON SYSTEM FOR SERVER ROOM AT PALM SPRINGS INTERNATIONAL AIRPORT The Work is generally described as follows: Furnish all labor, equipment, and materials, to install new clean agent fire suppression system in the server room at the Palm Springs International 9 PP Y Airport located at 3400 E. Tahquitz Canyon Way in Palm Springs. ARTICLE 2 -- COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of$ 0.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3 -- CONTRACT PRICE ($25,512.00) The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). 03 ARTICLE 4 -- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions (Exhibit "A"), the Drawings, Addenda numbers 0 to 2 inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5-- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Contract Administrator or the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. 04 ATTEST: CITY OF PALM SPRINGS CALIFORNIA By City Clerk APPROVED AS TO FORM: By City Attorney Date By City Manager Date APPROVED BY THE CITY COUNCIL: Date Agreement No. 05 Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR: Name: Check one: _Individual _Partnership_Corporation Address: By: By: Signature (notarized) Signature(notarized) Name: Name: Title: Title: (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of State of County of County of On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf behalf of which the person(s) acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under I certify under PENALTY OF PERJURY under the the laws of the State of California that the laws of the State of California that the foregoing foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: 06 The bid documents are on file in the Procurement Division Office . 07