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RESOLUTION NO. 2004-258
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO TO AUTHORIZE THE EXECUTION OF A
CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO
INDUSTRIAL AIR INNOVATIONS FOR THE REPLACEMENT OF TWO
HVAC UNITS AT FIRE STATION #221.
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Industrial Air Innovations is the lowest responsive bidder for the
implementation of the Fire Station #221 Design/Build HVAC Project in the City of San
Bernardino. A contract is awarded accordingly to said Contractor in a total amount of
$109,876.00, with a contingency amount of $10,124.00. Such award shall be effective
only upon said contract being fully executed by both parties. The Mayor is hereby
authorized and directed to execute said contract on behalf of the City; a copy of the
contract is attached hereto as Exhibit A and incorporated herein. The Purchasing
Manager is hereby authorized and directed to issue a purchase order which references
this resolution to said Contractor in the amount of $109,876.00.
SECTION 2. Any amendment or modification thereto shall not take effect or become
operative until fully signed and executed by the parties and no party shall be obligated
hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any
act or course of conduct of any party. This resolution is rescinded if the parties to the
contract fail to execute it within sixty (60) days of the passage of this resolution.
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2004-258
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO TO AUTHORIZE THE EXECUTION OF A
CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO
INDUSTRIAL AIR INNOVATIONS FOR THE REPLACEMENT OF TWO
HVAC UNITS AT FIRE STATION #221.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 16th day of August 2004, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
KFLLY x
JOIJNSON x
McCAMMACK x
R �
ac el G. Clark, City Clerk
The foregoing resolution is hereby approved this /ki#- day of August
2004.
Approved as to form and legal content:
James F. Penman, City Attorney
h Valles, Mayor
of San Bernardino
Exhibit "A"
2004-258
AGREEMENT FOR SERVICES
This AGREEMENT is made and entered into this 16th of August 2004, by and
between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the
"CITY" and Industrial Air Innovations, Inc., hereinafter referred to as "CONTRACTOR".
WITNESSETH
WHEREAS, City desires to engage a mechanical contractor for the replacement of two HVAC units at
Fire Station 221 in the City of San Bernardino, California; and
WHEREAS, Contractor is a licensed mechanical contractor qualified to provide said services; and
WHEREAS, San Bernardino City Council has elected to engage the services of Contractor upon the
terms and conditions as hereinafter set forth; and
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Contractor shall perform those services specified in the attached quotation, dated July 21, 2004,
and proposed costs, a copy of which is attached hereto as Exhibit "1", and all of which are
incorporated herein as though set forth in full.
2. TERM OF AGREEMENT
Contractor shall commence within five (5) days after the City has authorized work to start by
issuance of a Notice to Proceed.
3. STANDARD OF PERFORMANCE
Contractor shall complete all work in conformance with Federal, State, and local regulations and
industry standards.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the attached quotation are made an obligation of Contractor
under this Agreement, subject to any changes made subsequently upon mutual agreement of the
parties. All such changes shall be considered as additional tasks and shall be incorporated by
written amendments to this Agreement and include any increase or decrease in the amount of
compensation due Contractor for the change in scope. Any change, which has not been so
incorporated, shall not be binding on either party.
B. Contractor shall render no extra services under this Agreement unless City authorizes such extra
services in writing prior to performance of such work. Authorized extra services shall be
invoiced based on the authorized additional task amounts.
5. COMPENSATION
2004-258 Exhibit "A"
A. Upon satisfactory completion of the work, the Contractor will be paid time and material
not to exceed $109,876.00 in arrears, for all work and services performed under this
contract and upon receipt of itemized invoices, submitted in triplicate to the contract
manager. The invoice amount will be based on the actual work performed by task.
Contractor will submit an invoice to the City upon completion of the project.
B. Said compensation shall not be altered unless there is significant alteration in the scope,
complexity or character of the work to be performed. City and Contractor shall agree
upon any such significant alteration in writing before commencement of performance of
such significant alteration by Contractor.
Any adjustment of the total cost of services will only be permitted when the Contractor
establishes and City has agreed in writing that there has been, or is to be, a significant
change in:
1. Scope, complexity, or character of the services to be performed;
2. Conditions under which the work is required to be performed; and
3. Duration of work if the change from the time period specified in the Agreement
for completion of the work warrants such adjustment.
C. The Contractor is required to comply with all Federal, State and local laws and
ordinances applicable to the work. The Contractor is required to comply with prevailing
wage rates in accordance with California Labor Code Section 1770.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted by
Contractor to City and shall be paid by City within twenty (20) days after receipt of same,
excepting any amounts disputed by City. Dispute over any invoiced amount shall be
noticed to the Contractor within ten (10) days of billing and a meet and confer meeting
for purposes of resolution of such dispute shall be initiated by the City within (10) days
of notice of such dispute. All tasks as specified in Exhibit " 1 " shall be completed prior to
final payment.
B. No payment will be made for any work performed prior to approval of this contract by
City and Notification to Proceed.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Facilities Management of City, or his designee, shall have the right of
general supervision over all work performed by Contractor and shall be City's agent with
respect to obtaining Contractor's compliance hereunder. No payment for any services
rendered under this Agreement shall be made without prior approval of the Director of
Facilities Management or his designee.
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2004-258 Exhibit "A"
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Contractor hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status, age, handicap or national origin.
Contractor shall comply with all State and Federal Civil Rights Laws in its hiring practices and
employee policies. Such action shall include, but not be limited to, the following: recruitment
and recruitment advertising, employment, upgrading, and promotion.
9. TERMINATION OF AGREEMENT
A. This Agreement may be terminated by either party upon thirty (30) days' written notice
in the event of substantial failure of the other party to perform in accordance with the
terms of this Agreement. Each party shall have twenty (20) days following the date of
such notice within which to correct the substantial failure, giving rise to such notice. In
the event of termination of this Agreement, City shall within thirty (30) days pay
Contractor for all the fees, charges and services performed to City's satisfaction by
Contractor, which finding of satisfaction shall not be unreasonably withheld. Contractor
hereby covenants and agrees that upon termination of this Agreement for any reason,
Contractor will preserve and make immediately available to the City, or its designated
representatives, maps, notes, correspondence, or records related to work paid for by the
City and required for its timely completion, and to fully cooperate with City so that the
work to be accomplished under this Agreement may continue within forty-five (45) days
of termination. Any subsequent use of such incomplete documents, other than their
originally intended use, shall be at the sole risk of the City, and the City agrees to hold
harmless and indemnify Contractor from any claims, losses, costs, including attorney's
fees and liability arising out of such use. Contractor shall be compensated for such
services in accordance with Exhibit "1".
B. This Agreement may be terminated for the convenience of the City upon thirty (30) days
written notice to Contractor. Upon such notice, Contractor shall provide work product to
City, and City shall compensate Contractor in the manner set forth above.
C. Following the effective date of termination of this Agreement pursuant to this section, the
Agreement shall continue until all obligations arising from such termination are satisfied.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and without the fault or negligence of
Contractor, Contractor fails to meet any of its obligations under this Agreement, and such failure
shall not constitute a default in performance, the City may grant to Contractor such extensions of
time and make other arrangements or additions, excepting any increase in payment, as may be
reasonable under the circumstances. Increases in payment shall be made only under the
"changes" provision of this Agreement. Contractor shall notify City within three (3) days in
writing when it becomes aware of any event or circumstances for which it claims or may claim
an extension.
11. INDEPENDENT CONTRACTOR
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2004-258 Exhibit "A"
12.
13.
14.
Contractor shall act as an independent contractor and shall not be considered an employee of the
City in the performance of the services provided for under this Agreement. Contractor shall
furnish such services in its own manner. This Agreement is not intended and shall not be
construed to create the relationship of agent, servant, employee, partnership, joint venture, or
association between Contractor and the City.
ASSIGNMENT OR SUBCONTRACTING
Contractor shall not assign this Agreement, or any portion thereof without the written consent of
City. Any attempt by Contractor to assign or subcontract any performance of this Agreement
without the written consent of the City shall be null and void and shall constitute a breach of this
Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract.
NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the following
representatives of Contractor and City:
CONTRACTOR
Jim Carter
Industrial Air Innovations, Inc.
323 South Sierra Way
San Bernardino, CA 92412
RESPONSIBILITIES OF PARTIES
CITY
Jim Sharer
Director of Facilities Management
300 N. "D" Street
San Bernardino, CA 92418
A. The Contractor may reasonably rely upon the accuracy of data provided by the City or its
agents.
B. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will
automatically be vested in the City and no further agreement will be necessary to transfer
ownership to the City.
C. For the purpose of determining compliance with Public Contract Code Section 10115, et.
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq.,
when applicable, and other matters connected with the performance of the contract
pursuant to Government Code Section 8546.7, the Contractor, subconsultant, and the City
shall maintain all the books, documents, papers, accounting records, and other evidence
pertaining to the performance of the contract, including but not limited to, the costs of
administering the contract.
All parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of final
payment under the contract. The State, the State Auditor, or any duly authorized
representative of the Federal government having jurisdiction under Federal laws or
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` 2004-258 Exhibit "A"
regulations (including the basis of Federal funding in whole or in part) shall have
access to any books, records, and documents of the Contractor that are pertinent to
the contract for audits, examinations, excerpts, and transactions, and copies thereof
shall be furnished if requested.
15. HOLD HARMLESS CLAUSE
A. Contractor shall indemnify, defend and hold free and harmless the City, its officers, and
its employees from all claims, damages, costs, expenses, and liability, including, but not
limited to attorney's fees, imposed upon them for any alleged infringement of patent
rights or copyrights of any person or persons in consequence of the use by City, its
officers, employees, agents, and other duly authorized representatives, of programs or
processes supplied to City by Contractor under this Agreement.
B. The prevailing party in any legal action to enforce or interpret any provision of this
Agreement will be entitled to recover from the losing party all reasonable attorneys' fees,
court costs, and necessary disbursements in connection with that action. The costs,
salary, and expense of the City Attorney and members of his office, in connection with
that action shall be considered as attorneys' fees for the purposes of this Agreement.
16. INDEMNITY
Contractor shall indemnify, defend and hold harmless City from and against any and all claims,
demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs,
expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third
parties, which arise from Contractor's negligent performance of services under this Agreement.
Contractor shall not be responsible for, and City shall indemnify, defend, and hold harmless
Contractor from and against, any and all claims, demands, suits, actions, proceedings, judgments,
losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and
liabilities of, by or with respect to third parties, which arise from the City's negligent
performance under this Agreement. With respect to any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including
reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from
the joint or concurrent negligence of Contractor and City, each party shall assume responsibility
in proportion to the degree of its respective fault.
17. LIABILITY/INSURANCE
Contractor shall maintain insurance policies meeting the minimum requirements set forth herein. All
insurance maintained by the Contractor shall be provided by insurers satisfactory to the City.
Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to
the Contractor performing any of the services under this Agreement. All insurance certificates
required herein shall name the City as an additional insured and provide for thirty-(30) days written
notice from the insurer to the City prior to any change or cancellation of any insurance policy of the
Contractor.
5
2004-258 Exhibit "A"
A. Comprehensive General Liability and Automobile Insurance. The Contractor shall
maintain comprehensive general liability and automobile liability insurance with a combined
single limit of not less than One Million Dollars ($1,000,000.00) per occurrence.
B. Worker's Compensation Insurance. The Contractor shall maintain worker's
compensation insurance in accordance with the laws of the State of California for all
workers employed by the Contractor.
18. VALIDITY
Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as
not containing such provision, and all other provisions which are otherwise lawful shall remain in
full force and affect, and to this end the provisions of this Agreement are declared to be severable.
19 ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties hereto and
supersedes all prior and contemporaneous negotiations, representations, understandings, and
agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may
be amended only by written instrument signed by both parties.
2004-258 Exhibit "A"
AGREEMENT FOR Services with Industrial Air Innovations, Inc.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date
written above by their duly authorized officers on their behalf.
ATTEST:
BY: RtC' h. ��
Rach 1 Clark, City Clerk
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
CITY OF SAN BERNARDINO
INN
It Valles, Mayor
of San Bernardino
Air Innovations, Inc.
BY:
Signature r
NAME:i�
TITLE: � ), Z (' C:�wA '��
7
2004-258 EXHIBIT 1
IAI Industrial Air Innovations
Mechanical Contractors
HVAC • Retrofit • Central Plant • Chillers • Boilers • Energy Controls • Design Build • Refrigeration
July 21, 2004
City of San Bernardino
300 North D Street, 4`" Floor
San Bernardino, Ca. 92418
Attn: Ms. Marsha Zeller, CPM
Subj: RFQ-F-05-015
Ref: HVAC System Design/Build Retrofit at Fire Station #221
Dear Ms. Zeller:
I am pleased to provide you with a design/build proposal for the above referenced
project.
My Company will provide engineering, labor, equipment and materials as follows:
AC-1 Replace with new (1) one nominal 15-ton packed Carrier Rooftop unit
AC-2 Replace with new (1) one nominal 25-ton packaged Carrier Rooftop unit.
These units will be controlled by Carrier stand alone controls providing bypass capability
and VVT throttling for VAV intent.
Each unit shall have one (1) smoke detector for each supply and return plenum. The
controlled shutdown will be stand-alone with supply fan shutdown.
New air conditioning unit No. 1 and 2 shall have new roof curbs to compliment the
owner's new roof membrane.
Structural modifications for AC-1, 2 shall be minor. As you may realize these new unit
chassis footprints are about five (5) feet shorter and the operable weights are considerably
less. When the existing curbs are removed they will require an additional w8 x 18 wide
flange beam added to the North end of touchdown and welded to roof diaphragm,
requiring only to be 7' 8" in length and roof end fill shall match the under-layment
integrity.
The units will be provided with new fused disconnects and AC-2 shall be interlocked
with EF-1. The gas and condensate utilities shall be extended at the roofs point of
connections.
323 S. SIERRA WAY • P. O. BOX 5302 • SAN BERNARDINO, CA 92412-5302
(909) 884-6276 • FAX (909) 889-6936
LIC. # 405281
2004-258
The existing systems shall be disconnected on a given Friday and our Company labor
crews shall work 24 hours around the clock to have air conditioning secure and running
by 8:00 a.m. on the following Monday morning. The controls shall be commission
progressively through out the remaining weeks end.
QUOTED VALUE FOR THE ABOVE IS $109,876.00
Includes applicable taxes, one (1) year warranty guarantee, bonds, insurance and permits.
Notation: Equipment lead time is four (4) weeks.
Exclusions; at this time,
a. Duct cleaning
b. Modifications to existing omni-sub zones in office space.
C. Powered exhaust purge to interior space.
Respectfully Submitted,
James S. Carter
Vice President
a
2004-258
RFP F-05-015
PRICE FORM C®
REQUEST FOR QUOTES: RFQ F-05-015
DESCRIPTION OF RFQ: HVAC System Design/Build Retrofit at Fire Station # 221
BIDDER'S NAME/ADDRESS: Industrial Air Innovations
323 S. Sierra Way
San Bernardino, Ca. 92408
NAME/TELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE James Carter 909-884-6276
Please provide detailed Firm Fixed Price cost information in the spaces provided below, and
any other incidental or additional costs required to complete the Technical Specification
requirements.
ATTACH PRICE SHEET HERE
Are there any other additional or incidental costs, which will be required by your firm in order to
meet the requirements of the Technical Specifications? Yes / Go-�) . (circle one). If you
answered "Yes", please provide detail of said additional costs:
Please indicate any elements of the Technical Specifications, which cannot be met by your
firm. N/A
2004-258
RFP F-05-015
Have you included in your bid all informational items and forms as requested. Ye / No
(circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable % / o days; unless otherwise stated, payment terms are: Net
thirty (30) days.
In signing this bid, Bidder warrants that all certifications and documents requested herein are
attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all
Addenda to this RFQ received by your firm, and the date said Addenda was/were received.
Verification of Addenda Received
Addenda No: 0 Received on: 0
Addenda No: 0 Received on: 0
Addenda No: 0
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND Tl"
DATE SIGNED:
COMPANY NAME & ADDRESS:
7/20/04
Industrial Air Innovations
323 S. Sierra Way
San Bernardino, Ca. 92408
PHONE: 909-884-6276 FAX: 909-889-6936
IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW:
2004-258
RFP F4)5-015
2004-258
RFP F-05-015
NON - COLLUSION AFFIDAVIT
TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO
In accordance with Title 23, United States Code, Section 112, the undersigned hereby
states, under penalty of perjury:
That he/she has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken action in restraint of free competitive
bidding in connection with RFQ F-05-015.
Business Name Industrial Air Innovations
Business Address 323-S Sierra Way, San Bernardino
Signature of bidder
San Bernardino
Place of Residence
Subscribed and sworn before me this 20th day of July , 2004.
Notary Public in and for the County of San Bernardino State of California.
My commission expjrr s . February 3, 20 08
®Y►, ,nor MPfl'��
CLAUDETTE D. ASTkY
1COMM. #1487WO
NOTARY - I,►
J
2004-258
RFP F-05-015
BID BOND
Bond # 8560401-556
(in lieu of cash, cashier's check or certified check)
KNOW ALL PEOPLE BY THESE PRESENT: Industrial Air Innovations
Div. Inland Acoustics, Inc.i
as CONTRACTOR,
and Fidelity and,peposit Company of Maryland
bound , as Surety, are held and firmly
unto THE CITY OF SAN BERNARDINO, hereinafter called OWNER, in the sum of ten
(10) percent of the total bid price for the BID purposes. We bind ourselves, our
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by
these present.
WHEREAS, CONTRACTOR shall forfeit the bid bond in the amount of *** and *** Dollars
Cents (ten percent of total bid price), and such security shall be applied
to or be remitted to the City of San Bernardino, as liquidated damages, should the
bidder to whom the contract is awarded fail to enter into the contract. All bonds
furnished pursuant to this notice must be underwritten by a surety Company, having a
rating in Best's most recent insurance guide of "A" or better. work
SIGNED AND SEALED, this _
Industrial Air Innovations
Inland Acoustics, Inc.
CONTRACTOR
BY:
Larry J.
(SEAL AND
25 th day of June 2004
Fidelity and Deposit
(SEAL) Company of Maryland
(SEAL)
BY:
Randy Sbohn, L�ttorney in fact
UT OF SUREM
Note: All bids or quotes shall be accompanied by a bidder's bond, certified or
cashier's check, or cash in the amount of ten (10) percent of the total bid.
2004-258
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d s 4 mate, constitute and
appoint Randy SPORN, of Santa Ana, California, its true and lawful in- make, execute, seal
and deliver, for, and on its behalf as surety, and as its act and o ngs and the execution
of such bonds or undertakings in pursuance of these o as ompany, as fully and amply, to
all intents and purposes, as if they had b�eq y a regularly elected officers of the
Company at its office in Baltim@� �wil prypp� s power of attorney revokes that issued on behalf of
Randy SPORN, dat
The said Assistant c t the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By- any, and is now in force.
IN WITNESS W OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of April, A.D.
2004.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
F�,u of°os,`
o to
r
4'i+n�
T. E. Smith Assistant Secretary
State of Maryland 1 ss:
City of Baltimore J
By: z4��_
Paul C. Rogers Vice President
On this 6th day of April, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
O
Dennis R. Hayden Notary Public
My Commission Expires: February 1, 2005
POA-F 012-3955
PODIMM-1
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attomeys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,... and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized
by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 1Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 25th day of June , 2004
ob%44
Assistant Secretary
2004-258
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of ORANGE
On (, /1.- f -%y before me T. Cox.. NOTARY PUBLIC ,
r
personally appeared RANDY SPOHN I
® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that be/she/they executed the same in his/her/their
T COX m authorized capacity(ies), and that by his/her/their signature(s) on the
COM3359 (7 instrument the person(s), or the entity upon behalf of which the
F NOTARY PUBUC.CALIFORNIA person(s) acted, executed the instrument
OR y
(p my TOM E FEAugUSA 2, 2007
WITNESS my hand and official seal.
_ j.
Signature of Notary
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
2004-258
C:2. / , S. 3
State Of California
CONTRACTORS STATE LICENSE BOARD
�• ACTIVE LICENSE
cwwrrr
Aeirx
�ww 405281 CORP
INLAND ACOUSTICS INC
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Any Charge of business addrocv/name must be reported b fM f 44star wilhn 90 days.
This Berme is not lmmtanebte, end shell be retuned to M Mpiskw
upon donrand whsu an sparded, mokx d. or invalidated toe env/ weson.
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P.O. Box 26W
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2004-258
AUDITOR/CONTROLLER-RECORDER
COUNTY OF SAN BERNARDINO
222 West Hospitality Lane, 1 st Floor
San Bernardino, CA 92415-0022
(909)386-8970
FICTITIOUS BUSINESS NAME STATEMENT
FIRST FILING - PUBLICATION NEEDED WITHIN 30 DAYS
FBN Number 1998-07440 Filed: San Bernardino County Clerk
Date : 08/13/1998 By:
Began Transacting Business :Not Applicable Deputy
Expires On
Business Is Conducted By
08/13/2003 First Filing Fee: $36.00
A Corporation ... AI#: 1016481 State: CA
Fictitious Business Name(s)
INLAND INTERIOR CONTRACTING
INDUSTRIAL AIR INNOVATIONS
Business Address
323 S. SIERRA WAY
SAN BERNARDINO, CA 92408
Phone
(909) 884.6276
Mailing Address
PO BOX 5302
SAN BERNARDINO, CA 92412
Registrant
INLAND ACOUSTICS INC.
Address
323 S. SIERRA WAY
SAN BERNARDINO, CA 92408
NOTICE: This fictitious name statement expires five years from the date it was filed in the office of the County
Clerk. A new fictitious business name statement must be filed before that time. The filing of this statement does
not of itself authorize the use in this state of a fictitious business name in violation of the rights of another under
federal, state, or common law (See Section 14400, ET SEQ., Business and Professions Code).
Signature
Print Name
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I HEREBY CERTIFY THAT THIS COPY IS A
CORRECT COPY OF THE ORIGINAL
STATEMENT ON FILE IN MY OFFICE.
G:
SAN ERNARDINO COU CLERK
By %r!i Cl a
Deputy
Page 1 Distribution: BANK
2004-258
X.1. 57
WSA VI
JAMES S. CARTER
PROJECT ENGINEER
With over 30 highly successful years of heating, ventilating, air conditioning, (HVAC)
experience engineering and supervising project development from concept to completion.
A highly impressive record of securing and negotiating air conditioning projects for public
utilities, school districts, military installations, law enforcement agencies and hospitals.
Personally engineered and supervised all facets of these major contracts including budgetary
responsibilities in excess of $10,000,000.
Extensive experience in:
• Engineering, calculations and equipment selection
• Indoor air quality, energy management and cfcs
• DDC and pneumatic controls
• Sales/Account development
• Project estimating
• Design/Build project development
• System engineering and layout
• Managing shop and field operations and staff
• Overall HVAC project supervision and problem solver
PROJECT ENGINEERIVICE PRESIDENT/MANAGER 8/98 to Present
INLAND ACOUSTICS, INC. DBA Inland Building Companies - Specialties Division
INDUSTRIAL AIR INNOVATIONS Div. - HVAC contractor
PROSOURCE ENGINEERING Div. - Mechanical Engineering
Clements Heating & Air Conditioning - Service/Light Commercial
San Bernardino, Ca.
Supervise and manage overall operations and duties to monitor specialty bid projects.
Perform design/build mechanical construction serving the commercial and industrial markets.
Consulting mechanical job captain to support the engineering division. Monitor service and
light commercial activities.
2004-258
IAI
DON CLEMENTS
SUPERINTENDENT
SERVICE MANAGER
Don has in excess of thirty -years of accumulated senior level HVAC
experience; having acquired his C-20 contractors license in 1982, preceded
by nearly twenty -years of experience working with his father's HVAC
business, "Clements Heating and Air Conditioning." Clements Heating and
Air now operates as a unit within the IAI Industrial Air Innovations
Division, primarily serving the residential and commercial sectors in
maintenance and service.
Experience: Perform project specification readings
Estimating and job costs
Prepare/submit bids for contract projects
Orchestrate post -contract award acquisition of material
Co-ordinate job scheduling
Logistical support & disbursement of field personnel
Undertake new market identification and expansion
Management of residential and commercial HVAC service
contract administration.
2004-258
IAI
Industrial Air Innovations
Mechanical Contractors
HVAC • Retrofit • Central Plant • Chillers • Boilers • Energy Controls • Design Build • Refrigeration
July 21, 2004
Quote: RFQ F-05-015
Description: HVAC System Design/Build Retrofit at Fire Station #221
Sub List
Task
Location
License #
Mr. Crane
Rigging
Orange, Ca.
349880
Quiel Brothers
Boon Lift
San Bernardino
217345
L.A. Air Balance
Air Certification
Rancho Cucamonga
625772
Stat Industries/Carrier
VVT Controls
Riverside
660289
Southwest Welding
Welding
Cypress
747142
Consultants
Mark Farmer
T-24 Energy Analysis
Hemet
Johnson -Nielson
Structural
Riverside
In -House
Mechanical Engr.
San Bernardino
323 S. SIERRA WAY • P. O. BOX 5302 • SAN BERNARDINO, CA 92412-5302
(909) 884-6276 • FAX (909) 889-6936
LIC. # 405281
2004-258
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PROGRESS CHART
Friday, Day 1 4:00 p.m.
Disconnect utilities to ACA, AC-2. Disconnect existing time -clocks and controls.
Remove roof hold down attachments at existing curbs.
Saturday, Day 2,
7:00 a.m. Crane setup for rigging.
8:00 a.m. Salvage trucks in place in parking lot.
8:15 a.m. Remove existing units marked Ac-1 and AC-2.
10:30 a.m. Remove two (2) existing curbs from roof.
• Set new wide flange beams and weld in place.
• Secure new roof curbs and provide access for bypass dampers.
• Fasten down access panels to new curbs.
• Set new units.
Sunday, Day 3
Extend gas and condensate lines.
Modify and hook-up electrical and conduits.
Make safety inspection for preliminary startup.
Install jumpers on low voltage wiring harness.
Start-up units for cooling.
Manually pre-set zone dampers at roof.
Monday, Day 4 thru Thursday Day 7
Friday, Day 8
This Day
Begin control installation.
Provide start-up and commissioning on Carrier Controls
Provide classroom instruction
Job Complete