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HomeMy WebLinkAboutResolution - 2001-R0543 - RFP #157-01/RS - Furnish & Install Deluge Sprinkler System (Water Treatment) - 12/13/2001Resolution No. 2001-RO543 December 13, 2001 Item No. 54 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to furnish and install a deluge sprinkler system, by and between the City of Lubbock and SimplexGrinnell LP of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of ATTEST: �A Rebecca Garza, City Secretary APPROVED AS TO CONTENT: V� Victor Kilman, itrchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs:/ccdocs/Contract-SimplexGrinneii LP.res Dec. 3, 2001 December ,2001. WINDY SIttOj< MAYOR Resolution No. 2001-RO543 December 13, 2001 Agree ent Item No. 54 Vecew4e,d 3, AGREEMENT dated S, 2001, between GRINNELL FIRE PROTECTION SYSTEMS COMPANY, a Division of Grinnell Corporation, referred to herein as the "Seller," and The City of Lubbock, referred to herein as the "Purchaser." A. Seller agrees to furnish and install in premises located at 6001 N. Guava Lubbock, Tx. and Bailey County Pump Station Hwy. 84, a fire protection system and auxiliary equipment in accordance with the attached "Specifications" consisting of 3 sheets, all of which are made a part hereof, subject to the following provisions and subject to the General Terms and Conditions set out on the reverse side hereof. B. The price for said installation is ONE HUNDRED FOUR THOUSAND FIVE and NO/100 Dollars ($104,500.00) to be paid by Purchaser as follows: The price for said Installation is to be paid in monthly installments on the fifth (5th) day of each month based on invoices presented on or before the twenty-fifth (25th) day of the proceeding month. The invoices will be based on the value of materials delivered and work performed during the month. Taxes have 13 have not 1A been included in the above price. The above price is based on the installation of .......... sprinklers. If more or less than this number are required, the difference will be charged at $ NA each or credit at $ NA each. The unit price is not applicable for additional sprinklers or work required by reason of any construction changes, including but not limited to, changes in the specifications in the building, type of occupancy, additional sprinkler valves, other devices, or underground piping required. C. Unless accepted in writing by the Purchaser within 30 days from the date first above -written, this proposal will be considered null and void. D. Title to said system and equipment (whether or not attached to the realty) shall remain in Seller until payment in full has been received by Seller. E. Water requirements are the responsibility of the Purchaser. In the event there is inadequate water pressure or volume for purposes of obtaining approvals of the sprinkler system by the authorized approving authority or obtaining a certificate of occupancy, Purchaser shall be responsible for all additional costs to correct said inadequacy. F. In the event the requirements of the approving authorities differ from the work proposed in the scope of work and specifications, Purchaser shall be responsible for the additional costs incurred by Seller to meet such requirement. G. This agreement is subject to written acceptance by an Executive Officer of Seiler. 41 _ NAME BY: Rick Sosebee TITLE: District General Manager ADDRESS: P. O. Box 1361 Lubbock. Texas 79408 DATE ACCEPTED BY EXECUTIVE OFFICER BY _ TITLE ACCEPTED BY: TITLE ADDRESS DATE SIGNED = 1 WITNESS RFP #157-01/RS Deluge Systems City of Lubbock and SimplexGrinnell Page 1 of 5 'GENERAL TERMS AND CONDITIONS ENTIRE CONTRACT The provisions herein contained constitute all of the terms and conditions of this contract. No changes or additions shall be binding upon Seller unless in writing and signed by an authorized representative of Seller. Any terns or conditions of Purchaser's order Inconsistent herewith or In addition hereto shall be of no force and effect and are hereby expressly rejected and Purchaser's order shall be governed only by the terms and conditions appearing herein. This contract is not subject to cancellation, suspension or reduction in amourd, exceptwith Setter's written consent and upon terms which reimburse Seller for work performed, reasonable overhead and lost profit PAYMENT Terns of payment have been set out in Paragraph B hereof. Final payment shag be due and payable within thirty (30) days after substantial completion of the installation, or, If approved prior thereto, then upon approval. A service charge will be made and added to the prices on all payments past due and owed by the Purchaser under ti8s contract, at a rate of 12% per annum, or if such rate is prohibited under applicable law, then at such maximum rate as is permitted under applicable law. Purchaser shall pay any reasonable aftomey s fees incurred In the collection of past due accounts. DELAYS Seiler shall not be liable for any damage or penalty for delays in work due to arts of God, ads or omissions of the Purchaser, ads of civil or military authorities, Government regulations or priorities, fires, floods, epidemics, quarantine restrictions, war, riots, strikes, differences with workmen, accidents to machine, car shortages, inabgityto obtain necessary labor, materials or manufacturing facilities, delay In transportation, defaults of Settees subcontractors, failure of or delay in furnishing correct or complete information by Purchaserw th respect to location or other details of work to be performed hereunder, impossibility or impracticability of performance or any other cause or causes beyond the control of Seger, whether or not similar to the foregoing. In the event of any delay caused as aforesaid, the completion shag be extended for a period equal to any such delay, and this contact shall not be void or voidable as a result of any such delay. In case work is temporarily discontinued by reason of any of the foregoing, all unpaid Installments of the contract price less an amount equal to the value of material and labor not furnished shag be due and payable upon receipt of invoice by Purchaser. EXCAVATION in the event the work herein Includes excavation, the Purchaser shall pay as an extra to the contact price the cost for any additional warty performed by the Seger due to water, quicksand, rock, or other unforeseen obstruction encountered or shoring if required. SITE FACILITIES Purchaser shag furnish all necessary facilities for performance of its work by Seller, adequate space for storage and handling of material, IlgK water, heat, local telephone, watchman and crane and elevator service, If available, and necessary permits. Where wet pipe system is installed, Purchaser shag supply and maintain sufficient heat to prevenifreezing d the system. STRUCTURE AND SITE CONDITIONS While employees of Seller will exercise reasonable care in this respect, Seller shall be under no responsibility for loss or damage due to the character, condition or use offoundaffons, wags or other structures not erected by it or resulting from excavation in proximity thereto, or for damage resulting from concealed piping, wiring, fixtures or other equipment or condition of water pressure. All shoring or protection of foundations, walls or other structures subject to be disturbed by any excavation required hereunder shag be the responsibility of the Purchaser unless otherwise specified. Purchaser warrants the sufficiency of the structure to support the sprinkler system and its related equipment (including tanks). The Purchaser shall have all things in readiness for installation, including, but not limited to, other materials, floor or suitable working base, connections and facilities for erection at the time the materials are delivered. in the event the Purchasershall felt to have all things in readinessforerectionsithe time of receipt of the materials at the place of erection the Purchaser shall reimburse Seller for arty and all expenses caused by such failure to have such rings in readiness. Failure to make areas available to Seller during performance In accordance with schedules which are the basis of Seflef';s proposal, shag be considered a failure to have things in readiness for erection in accordance with the terms or this contrail. INTERFERENCES Purchaser shag be responsible to coordinatetheworkolothertrades (ducting, piping,electrical, etc.) and Purchaser shag be responsible for additional costs incurred by Seller arising out of interferences to Sefler's work caused by such other frade(s)l LIMITATIONS OF LIABILITY In no event shall Seger be gable for special or consequential damages. Seller's liability on any claim whether or not based In contract or in tort or occasioned by Seller's active or passive negligence for loss or liability arising out of or connected with this contact, or any obligation resulting therefrom, or from the manufacture, fabrication, sale, delivery, installation, or use of any materials covered by tits contract, shall be limited to that set forth in the paragraph entitled 'Warranty." WARRANTY Seller agrees that for a period of one (1) year atter completion of said Installation it will, at its expense, repair or replace any defective materials or workmanship supplied or performed by Seiler. Upon completion of the installation, the system will be turned over to the Purchaser fully Inspected, tested and in operative condition. As it is thereafter the responsibility of the Purchaser to maintain It in operative condition, It is understood that the Seller does not guarantee the operation of the system. Seiler further warrants the products of other manufacturers supplied hereunder, to the extent or the warranty tithe respective manufacturer. ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WARRANTIES OF MERCHANTABILITY OR FITNESS, WHICH EXCEED THE AFORESTATED OBLIGATION ARE HEREBY EXCLUDED. MODIFICATIONS AND SUBSTITUTIONS Seller reserves the right to modify material of Seller's design sold hereunder and for the drawings and specifications relating thereto, or to substitute material of later design to fulfill this contract providing that the modifications or substitutions will not materially affect the performance of the material, or lessen in any way the utility of the material to the Purchaser. SEVERABILITY Should any part, term orprovision ofthis agreement befound bythe courts to be illegal orinaxrtiictwgh any law or the state where made, the validity of the remaining provisions hereof shall not be affected thereby. ASSIGNMENT Any assignment of this contract by Purchaser without the written consent of Seller shag be void. Seller may assign this contract to its subsidiaries and affiliates. CHANGES, ALTERATIONS, ADDITIONS Changes, alterations and additions to the plans, speclficatlons, or construction schedule for this contract shall be invalid unless approved in writing by Seller. Changes approved by Seger which Increase or decrease the cost ofwork to Seller, shag cons6Urte a corresponding increase or decrease in the contract price as herein provided. The value of additional work shall be agreed upon In writing prior to the performance of said work. However, if no agreement is reached prior to the performance of additional work approved In ft mmmerherein described, and Seller elects to continue performance so as to avoid delays, than, the estimate of Seller's Estimating Department as to the value of the work shall be deemed accepted by the Purchaser. PRICES in addition to the prices specified herein, Purchaser shall pay for all extra work requested by Purchaser or made necessary because of incompleteness of or inaccuracy in plans or other information submitted by Purchase with respect to location, type of occupancy, or other details of work to be performed hereunder. in the event the layout of Purchaser's facilities has been altered, or is altered by Purchaser prior to completion of this contract, Purchaser shall advise Seller, and prices, delivery and completion dates quoted herein shall be changed by Seger as may be required. LEGAL NOTICE For the purpose of any notice permitted or required to be given hereunder, such notice or notices shag be deemed given when received. CLAIMS Any claim against Seller arising hereunder shall be deemed waived urdess received by Seller in writing with particulars, within ten (10) days after it shag arise. TERMS AND CONDiTIONSITECHNICAL SPECIFICATIONS The terms and conditions specified herein shall be in addition to those set out in Seller's technical specifications and any inconsistencies shag be resolved by Seller's authorized representative. ARBITRATION At the option of the Seller, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration In accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators) may be entered in arty court having jurisdiction thereof. Any arbitration proceeding shall be held in Exeter, N.H. OVERTIME Unless otherwise specified by Purchaser, all installation work will be performed during regular hours. If Purchaser shall require any overtime labor, Purchaser agrees to reimburse Seiler for the overtime premium costincluding all related payroll costs, plus Seller's overhead and profit, payable monthly, one (1) month after overtime expense was incurred. - INCIDENTAL LOSSES All loss or damage from any cause (not the fault of the Seiler) to the materials, tools, equipment, work orwodmhen of the Seller or its agents or subcontractors while in or about the premises of the Purchaser shall be bome and paid for by the Purchaser. DEFAULT In case of any default by Purchaser, Seiler shall be entitled to payment for ail work performed, all termination costs incurred, and any other costs Incurred by Seller, including overhead and profit Seger shall also be entitled to shut off the waterfrom said system and remove all or a portion of the same. All such remedies of Seller are cumulative and not exclusive. Default by purchaser shall consist of: Failure to pay any installmentof pricewhen due, no demand being necessary, or any ad or omission on the part of PurehaserwherebySeller is prevented from completing sold installation, or receivership, bankruptcy, assignment for the benefit of creditors, or any other form of insolvency proceedings by or against Purchaser or in case said premises or said system shall be attached, fiend or seized by process of law and such attachment or lien shag riot be vacated or seizure terminnated within ten (10) days after Its occurrence. BACKCHARGE, ;'//i No charges shall be levie tby the Purchaser against the Seller urdess forty-eight (48) hour prior written notice is given to Seller to correct any alleged work deficiencies or clean-up which necessitates such charges and unless said work deficiencies are the direct fault of Seller. OSHA Purchaser will indemnffy and hold harmless the Seller from and against any claims, demands or damages resulting from the enforcement of the Occupational Safety Health Act (Public Law 91-596), unless said claims, demands or damages are a direct result of causes within the exclusive control of Seller. City of Lubbock 1625 13th Street Lubbock, TX 79401 Attn: Honorable Mayor and City Council Re: RFP #157-01/RS, Deluge Sprinkler System September 12, 2001 We are pleased to quote our price for the Automatic Fire Sprinkler work for the above -referenced project. Our proposal includes furnishing and/or installing the following: Fire sprinkler drawings and submittal. Removing the existing sprinkler pipe, valves and devices at the Lubbock Water Treatment Plant. Connection to a 6" flange inside the building located in the existing building at the Lubbock Water Treatment Plant. Connecting to an existing 6" underground water line at the Bailey County Pump Station. Installing a new 4" underground line to a heated valve house at the Bailey County Pump Station. (Valve house to be furnished by the owner.) Installing a new deluge fire sprinkler system at the Lubbock Water Treatment Plant to cover a 40,000 -gallon ammonia tank. Installing a new deluge fire sprinkler system at the Bailey County Pump Station to cover a 4,000 -gallon ammonia tank. Installing a new releasing panel and connecting to an existing ammonia sensor. (The releasing panel operates by transferring a signal from the ammonia sensor to an electric solenoid valve, which in turn trips the deluge valve.) Flow switch and tamper switch. Corrosion proof pilot sprinkler heads and nozzles. Using stainless steel pipe, fittings and hangers. Pipe stands will be stainless steel. RFP #157-01/RS Deluge Systems City of Lubbock and SimplexGrinnell Page 2 of 5 specifications Our price for this work is as follows: Lubbock Water Treatment Plant: FIFTY-FOUR THOUSAND FIVE HUNDRED EIGHTY-FOUR and N0/100 DOLLARS ($54,584.00) Bailey County Pump Station: FORTY-NINE THOUSAND FOUR HUNDRED TWENTY-ONE and N0/100 DOLLARS ($49,421.00) We acknowledge no addenda. The above pricing is based on having an adequate water supply. Design, materials, fabrication, and installation will be in accordance with requirements of the National Fire Protection Association and the City of Lubbock, Texas. All interior piping for the deluge system will be either schedule 40 black steel pipe or schedule 40 galvanized pipe. All exterior piping for the deluge system will be schedule 40 stainless steel. Grinnell will provide necessary approved hangers in place for supporting the sprinkler piping, but will not be required to furnish or install any material or device to improve the structural strength of the building to enable it to bear the load of the fire protection system. Grinnell will not be held responsible for any failure of said structure or building to support the sprinkler piping. Should we be favored with receiving an order for this work, we ask that you please acknowledge acceptance of the below mentioned exclusions: Sales tax. Heated valve house at the Bailey County Pump Station. Rock excavation requiring wheel machine or demolition. Guard posts (pipe bollards.) Concrete valve pit with manhole and cover. Painting. Fire Pumps. Covering or protecting sprinklers from painting or paint damage. Pipe identification. 120 vac wiring to the deluge valve control panel. (Owner will need to.6thish 120 vac to the releasing panel.) RFP #157-01/RS Deluge Systems City of Lubbock and SimplexGrinnell Page 3 of 5 spe-drivati oils Interconnection between the fire sprinkler system and the fire alarm system. Fire alarm systems. Protection from freezing in the building where the control valves will be located. Overtime work. Asbestos removal. The price for said installation is to be paid in monthly installments on the fifth day of each month based on invoices presented on or before the twenty-fifth of the preceding month. The invoices will be based on the value of materials delivered and work performed during the month. Buyer will provide sufficient heat throughout the room that will house the deluge valve, to prevent any freezing of water in the pipes. Upon completion, this installation will be subject to the inspection and approval of The City of Lubbock Fire Marshal's Office. Seller agrees to start work upon issuance and acceptance of the contract with buyer and to have the work specified completed within one hundred -twenty (120) days from the contract date. The Seller under this proposal does not assume any responsibility for testing old underground piping and will only do so as an extra to the contract price to cover labor and materials required to make the system tight at high pressure. The Buyer assumes full responsibility for the condition of existing equipment and water or other damage resulting directly or indirectly from such condition or the application of tests or flushing pressures. If you have any questions regarding this proposal, please contact me at 806-744-8333 or 800-743-8333. We are looking forward to providing our services to you. Sincerely, /_ , -,/, I � Rick Sosebee District General Manager RFP #157-01/RS Deluge Systems City of Lubbock and SimplexGrinnell Page 4 of 5 ATTEST: CITY OF LUBBOCK Windy Sitton Mayor ATTEST: C04 Re cca Garza. City Secretary APPROVED AS TO CONTENT: r Tefiy Ellerbrook Director of Public Works APPROVED AS TO FORM: William de Haas Contract Manager/Attorney SIMPLEXGRINNELL LP Printed Name:Rick Sosebee Title:District General Manager RFP #157-01/RS Deluge Systems City of Lubbock and SimplexGrinnell LP Page 5 of 5