HomeMy WebLinkAbout1998-316
Res 98-316
RESOLUTION NO. 98-316
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AWARDING A CONTRACT TO ENERGY CONTROLS &
CONCEPTS FOR REPLACEMENT OF EXISTING LIGHTING WITH ENERGY-
EFFICIENT LIGHTING AT C.I.D., BUILDING MAINTENANCE SHOP, FIRE
MAINTENANCE SHOP, JOHNSON CENTER, LYTLE CREEK CENTER, MILL
CENTER, NICHOLSON CENTER, PARKS AND RECREATION ADMINISTRATION,
PERRIS HILL SENIOR CENTER, ROWE LIBRARY, RUBEN CAMPOS CENTER AND
VILLASENOR LIBRARY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. ENERGY CONTROLS & CONCEPTS is the lowest responsible bidder for:
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REPLACEMENT OF EXISTING LIGHTING WITH ENERGY-EFFICIENT LIGHTING AT
C.I.D.. BUILDING MAINTENANCE SHOP. FIRE MAINTENANCE SHOP. JOHNSON
CENTER. LYTLE CREEK CENTER. MILL CENTER. NICHOLSON CENTER. PARKS AND
RECREATION ADMINISTRATION. PERRlS HILL SENIOR CENTER. ROWE LIBRARY.
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RUBEN CAMPOS CENTER AND VILLASENOR LIBRARY. A contract is awarded
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accordingly to said bidder in a total amount of$56,737.00, but such award shall be effective only
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upon being fully executed by both parties. All other bids, therefore, are hereby rejected. The
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Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of
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the contract is attached as Exhibit "A" and incorporated herein by reference as fully as though se
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forth at length.
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SECTION 2. Capital funds for the project are required. The Purchasing Manager is hereby
authorized and directed to solicit, as needed, lease-purchase rate quotes under existing Master
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Lease Agreements and to award a lease-purchase to the lowest responsible leasing company.
SECTION 3. This contract and any amendment or modifications thereto shall not take effect
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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
See Also 98-315 & 98-317
Energy Controls & Concepts -Page 1 of 2
. . 98~316
RESOLUTION AUTHORIZING AN AGREEMENT FOR PROFESSIONAL SERVICES wlTn ENERGY CONTROLS &
,CONCEI'fS FOR REPLACEMENT OF EXISTING LIGHTING WITH ENERGY-EFFICIENT LIGHTING AT C.I.D., BUILDING
MAINTENANCE SHOP, FIRE MAINTENANCE SHOP, JOHNSON CENTER. LYTLE CREEK CENTER. MILL CENTER.
NICIIOLSON CENTER, PARKS AND RECREATION ADMINISTRATION, PERRIS HILL SENIOR CENTER, ROWE LIBRARY,
RUBEN CAMPOS CENTER AND VILLASENOR LIBRARY.
or waivers are intended or authorized and shall not be implied from any act or course of conduct
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of any party.
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SECTION 4. This resolution is rescinded if the parties to the contract filii to execute it
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within sixty (60) days of the passage of this resolution.
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1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
joint regular
Common Council of the City of San Bernardino at a meeting thereof, held on the
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2nd
, 1998, by the following vote, to wit:
day of November
8 COUNCIL MEMBERS
9 ESTRADA
10 LIEN
II (VACANT) - 3rd Ward
12 SCHNETZ
13 DEVLIN
14 ANDERSON
15 MILLER
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AYES
NAYS
ABSENT
ABSTAIN
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x
~_J'J..tJ .kl. C-~
c'i;iS~~
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,1998.
y of November
The foregoing resolution is hereby approved this
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Approved as to form
and legal content:
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JAMES F. PENMAN
City ttomey
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Energy Controls & Concepts -Page 2 of 2
10/28/98
98 316
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EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this ,.;'"u! day of;f;//.v;i"-<:1998, by and
between the CITY OF SAN BERNARDINO, California. a municipal corporation, hereinafter
referred to as the "City" and Energv Controls & Concepts, a California corporation, hereinafter
referred to as "Contractor".
WITNESSETH
WHEREAS, City desires to obtain professional services for replacement of existing lighting
with energy-efficient lighting at C.LD., Building Maintenance Shop, Fire Maintenance Shop,
Johnson Center, Lytle Creek Center, Mill Center, Nicholson Center, Parks and Recreation
Administration, Perris Hill Senior Center, Rowe Library, Ruben Campos Center and Villasenor
Library; and
WHEREAS, in order to provide for the design, preparation of plans, securing of permits and
approvals, drawings sufficient to allow plant review and construction and to provide accurate as
constructed drawings for record purposes and to provide the construction services necessary to
complete the designated aspects of the construction of the replacement chillers and accompanying
plant equipment it is necessary to engage the services of a design Contractor and construction firm;
and
WHEREAS, Contractor is qualified to provide said professional services as well as
construction services; and
WHEREAS, San Bernardino City Council has elected to engage the services of Contractor
upon the terms and conditions as hereinafter set forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Contractor shall perform those services specified in "Scope of Services" and as contained in
Specification #F99-009 and in the proposal dated Ju1v 6. 1998 , copies
of which are attached hereto as Exhibit "1" and Exhibit "2", respectively, hereinafter referred to as
"Work" and incorporated as though set forth in full. All services shall be performed in acceptance
with the timetable set forth in Exhibit "3".
2. TERM OF AGREEMENT
The services of Contractor are to commence immediately after the City has authorized work
to start by issuance of a Notice to Proceed. The scheduled completion dates are shown in the
98 316
AGREEMENT FOR PROFESSIONAL SERVICES WITH ENERGV CONTROLS & CONCEYfS FOR REPLACEMENT OF EXISTING
LIGHTING WITH ENERGY-EFFICIENT LIGHTING AT C.I.D., BUILDING MAINTENANCE SHOP, FIRE MAINTENANCE SHOP,
JOHNSON CENTER, LYTLE CREEK CENTER, MILL CENTER, NICHOLSON CENTER, PARKS AND RECREATION
ADMINISTRATION, PERRIS HILL SENIOR CENTER, ROWE LIBRARY, RUBEN CAMPOS CENTER AND VILLASENOR
LIBRARY.
proposal and shall be modified to reflect the actual date of the Notice to Proceed and may be adjusted by
the City as determined by progress ofthe work. This Agreement shall expire upon completion of
the project or as directed by the City unless extended by written agreement of the parties.
3. STANDARD OF PERFORMANCE
Contractor will, at its sole cost and expense:
(a) Complete all work product, construction and design in conformance with Standard
Specifications for Public Works Construction (Greenbook) current edition, standards
established by the South Coast Air Quality Management District, County of San Bernardino,
Controlling State Standards, Uniform Building Codes, Electrical and Mechanical Codes, the
City of San Bernardino's Standard Drawings and the project specifications.
(b) Conduct and carry out the Work in accordance with the terms and conditions of this
Agreement and diligently pursue completion of the Work in accordance with the timetable
set forth on Exhibit 3.
(c) Supervise and direct the Work, using Contractor's best skill and attention. Contractor
will be solely responsible for and have control over the construction, means, methods,
techniques, sequences, procedures and for coordinating all portions of the Work.
(d) Unless otherwise provided in this Agreement, provide and pay for all labor, materials,
equipment and tools necessary for the proper execution and completion of the Work.
(e) Enforce strict discipline and good order among the employees, subcontractors and
agents carrying out the Work and employ and permit the employment of only qualified
persons skilled in tasks assigned to them in performing the Work.
(1) Secure all governmental licenses and inspections necessary for the performance and
completion of the Work in accordance with all laws, statutes, ordinances, building codes and
regulations applicable to performing the Work (the "Applicable Laws") other than those to
be obtained by City pursuant to Section 3 (1).
(g) Comply with and give all notices required by all Applicable Laws. However,
Contractor's does not assume the obligation to determine whether the Work or this
Agreement is in accordance with all laws and regulations applicable to the City.
(h) Keep the facilities and the surrounding area free from the accumulation of waste
materials and rubbish resulting from Contractor's performance of its obligations under this
Agreement and on or before completion ofthe Work, remove from and about the Facilities,
all such waste materials and rubbish, and all of Contractor's tools, equipment, machinery
10/28/98
Energy Controls & Concepts - Page 2 of 10
98'3lG
AGREEMENT FOR PROFESSIONAL SERVICES WITH ENERGY CONTROLS & CONCEPTS FOR REPLACEMENT OF EXISTING
UGHTlNG WITH ENERGY-EFFICIENT UGHTING AT C.I.D., BUILDING MAINTENANCE SHOP, FIRE MAINTENANCE SHOP,
JOHNSON CENTER. LYTLE CREEK CENTER, MILL CENTER, NICHOLSON CENTER, PARKS AND RECREATION
ADMINISTRATION, PERRIS HILL SENIOR CENTER, ROWE UBRARY, RlIBEN CAMPOS CENTER AND VILLASENOR
UBRARY.
and surplus materials, except that, as provided in Section 10, the City will remove and
dispose of all toxic or hazardous material removed from the facilities.
(i) Take reasonable precautions for the safety of, and provide reasonable protection to
prevent damage, injury or loss as a result of the Work, including without limitation
coordinating the Work with the City's on-site safety program.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Services" is 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 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. No extra services shall be rendered by Contractor under this Agreement unless such
extra services are authorized, in writing, by City prior to performance of such work. Authorized
extra services shall be invoiced based on Contractor's proposed rates, a copy of which is included in
the proposal and incorporated herein as though set forth in full.
5. COMPENSATION
A. The City shall reimburse the Contractor for actual costs (including labor costs,
employee benefits, overhead, profit, other direct and indirect costs) incurred by the Contractor in
performance of the work, at the rates listed in the proposal and for the tasks completed and partially
completed in accordance with monthly billings in an amount not to exceed $56,737.00.
B. Said compensation shall not be altered unless there is significant alteration in the
scope, complexity, or character of the work to be performed. Any such significant alteration shall
be agreed upon in writing by City and Contractor before commencement of performance of such
significant alteration by Contractor.
Any adjustment of the 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;
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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.
10/28/98
Energy Controls & Concepts - Page 3 of 10
.98 31 G
AGREEMENT FOR PROFESSIONAL SERVICES WITH ENERGY CONTROLS & CONCEPTS FOR REPLACEMENT OF EXISTING
LIGHTING WITH ENERGY-EFFICIENT LIGHTING AT C.I.D. BUILDING MAINTENANCE SHOP, FIRE MAINTENANCE SHOP,
JOHNSON CENTER, LYTLE CREEK CENTER, MILL CENTER, NICHOLSON CENTER, PARKS AND RECREATION
ADMINISTRATION, PERRIS HILL SENIOR CENTER, ROWE LIBRARY, RUBEN CAMPOS CENTER AND VILLASENOR
LIBRARY.
C. The Contractor is required to comply with all FederaL State and Local laws and
ordinances applicable to the work and which are in effect as of the date ofthe notice to proceed.
The Contractor is required to comply with prevailing wage rates in accordance with California
Labor Code Section 170.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted
monthly 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 ten (10) days of notice of such
dispute. Interest of I Yz percent per month (but not exceeding the maximum rate allowable by law)
will be payable on any amounts not in dispute and not paid within thirty (30) days of the billing
date, payment thereafter to be applied first to accrued interest and then to the principal unpaid
amount. On disputed amounts, interest shall accrue from thirty (30) days of the invoice date if the
amount in dispute is resolved rnvor of the Contractor.
B. Should litigation be necessary to enforce any term or provision of this Agreement, or to
collect any portion of the amount payable WIder this Agreement. then all reasonable litigation and collection
expenses, witness fees, and court costs, and attorney's fees shall be paid to the prevailing party. The
costs, salary and expenses 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.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Facilities Manager 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 Facilities Manager or his designee.
B. Contractor shall perform the Work as an independent contractor and shall not be
considered an employee of the City. This Agreement is by and between Contractor and the City,
and is not intended, and shall not be construed. to create the relationship of agent, servant,
employee, partnership, joint venture, or association, between the City and Contractor.
C. When Contractor believes that all or any phase of the Work has been completed in
accordance with the terms of this Agreement, Contractor will submit a Certificate of Substantial
Completion to the City. The Certificate of Substantial Completion will describe the Work
substantially completed and include a commitment by Contractor to complete any remaining
portion of the Work or the completed phase. The parties intend that work will be accepted as it is
substantially completed.
10/28/98
Energy Controls & Concepts - Page 4 of 10
98 3-16
AGREEMENT nlR PROFESSIONAL SERVICES WITH ENERGY CONTROLS & CONCEPTS FOR REPLACEMENT OF EXISTING
LIGHTING WITII ENERGY-EFFICIENT LIGHTING AT C.I.D., BUILDING MAINTENANCE SHOP, FIRE MAINTENANCE SHOP,
JOHNSON CENTER, LYTLE CREEK CENTER, MILL CENTER, NICHOLSON CENTER, PARKS AND RECREATION
ADMINISTRATION, PERRIS HILL SENIOR CENTER, ROWE LIBRARY, RUBEN CAMPOS CENTER AND VILLASENOR
LIBRARY.
D. The City will, within five (5) business days after receiving the Certificate of
Substantial Completion, inspect the Work that is described as completed in the Certificate of
Substantial Completion.
E. If the City does not accept that Work, the City will deliver written notice to
Contractor describing in detail the material respects in which that Work tails to conform to the
description of that Work set forth on Exhibit 2. In that case, Contractor will take such actions as it
deems appropriate to cause that Work to conform to the description set forth on Exhibit 2 in all
material respects. Contractor will then issue another Certificate of Substantial Completion pursuant to
paragraph (a).
F. If that Work substantially conforms to the description of that Work set forth on
Exhibit 2, the City will accept that Work by signing the Certificate of Substantial Completion and
returning it to Contractor. If the City does not deliver any written notice to Contractor within ten
(10) business days of receiving the Certificate of Substantial Completion, the City will be deemed
to have signed and returned the Certificate of Substantial Completion.
G. The date on which the City accepts Work or a phase of said Work is referred to
herein as the "Acceptance Date" of such Work or phase.
8. REPRESENTATIONS
Each party represents that:
(a) It has all requisite corporate power and authority to execute and deliver this
Agreement and to perform its obligations hereunder, and it is in good standing under the
laws of the slate of its organization or incorporation.
(b) The execution, delivery and performance of this Agreement have been duly
authorized by its board of directors or governing body, as the case may be, and in
accordance with its organizational documents.
(c) This Agreement has been duly executed and delivered on its behalfby signatories so
authorized and constitutes its legal, valid and binding obligation.
(d) The execution, delivery and performance of this Agreement will not result in a
breach or violation of nor constitute a default under any agreement, lease or instrument to
which it is a party.
(e ) To the best of its knowledge there is no pending or threatened judicial or
administrative proceeding that could have an adverse effect on the validity or enforceability
of this Agreement or such party's ability to perform its obligations under this Agreement.
10/28/98
Energy Controls & Concepts - Page 5 of] 0
AGREEMENT FOR PROFESSIONAL SERVICES WITH ENERGY CONTROLS & CONCEPTS FOR REPLACEMENT OF EXISTING
LIGHTING WITH ENERGY-EFFICIENT LIGHTING AT C.I.D., BUILDING MAINTENANCE SHOP, FIRE MAINTENANCE SHOP,
JOIINSON CENTER, LYTLE CREEK CENTER, MILL CENTER, NICHOLSON CENTER, PARKS AND RECREATION
ADMINISTRA nON, PERRIS HILL SENIOR CENTER, ROWE LIBRARY, RUBEN CAMPOS CENTER AND VILLASENOR
LIBRARY.
9. DISCOVERY AND DISPOSAL OF HAZARDOUS SUBSTANCES
(a) Ifany Hazardous Substances are discovered at the facilities during the Work, such
discovery shall constitute a cause beyond Contractor's reasonable control and Contractor
shall have the right to cease the Work until the City, at its expense, as appropriate, tests,
ahates, encapsulates, cleans up, removes and disposes of such Hazardous Substances.
(b) If the City so requests, Contractor shall assist the City by providing the City a list of
qualified disposal companies, arranging contracts between the City and a qualified disposal
company and coordinating the Work with the activities of a qualified disposal company.
Although budget costs for such services may be included in program proposals and cash
flow analyses, the City will be directly responsible for contracts and payment to disposal
companies.
10. INSURANCE
Contractor shall, at its expense, maintain commercial genera11iability coverage and
employer's liability coverage of at least $1,000,000 each occurrence, $5,000,000 aggregate, and
workers' compensation coverage, to protect such party and its officers, directors, agents and
employees from any claims under workers' compensation and other employee benefit acts and from
any and all other claims for bodily injury, including death and personal injury and from claims for
property damage which may arise with respect to this Agreement. Contractor shall submit to the
City completed Certificates ofInsurance evidencing such coverage. Contractor will name the City
of San Bernardino as an additional insured on the policy.
Except for City's negligence or misconduct, Contractor shall indemnify, defend and hold City and
City officers and employees harmless from all damages, cost and expenses because of damages to
property or personal injury suffered by reason of, or in the course of performing the Work and
caused by any willful or negligent act or omission committed by Contractor or any of Contractor's
employees, subcontractors, or agents. The parties expressly agree that any payment, attorney fee, cost
or expense City incurs or makes to or on behalf of an injured employee under its self-administered
workers compensation program is included as a loss, expense or cost for the purpose of this section.
The provisions of this section will survive the expiration or early termination ofthis Agreement.
11. DEFAULT AND TERMINATION
(a) If Contractor or the City:
(I) Fails to make any payment as it becomes due in accordance with the tenus of
this Agreement,
(2) Fails to perform or observe any other covenant, condition, or obligation to be
performed or observed by it hereunder, or
10/28/98
Energy Controls & Concepts - Page 6 of 10
98 31G
AGREEMENT FOR PROFESSIONAL SERVICES WITH ENERGY CONTROLS & CONCEPTS FOR REPLACEMENT OF EXISTING
LIGHTING WITH ENERGY-EFFICIENT LIGHTING AT C.I.D., BUILDING MAINTENANCE SHOP, FIRE MAINTENANCE SHOP,
JOHNSON CENTER, LYTLE CREEK CENTER, MILL CENTER, NICHOLSON CENTER, PARKS AND RECREATION
ADMINISTRATION, PERRlS HILL SENIOR CENTER, ROWE LIBRARY, RUBEN CAMPOS CENTER AND VILLASENOR
LmRARY.
(3) Made in this Agreement any materially false, misleading or erroneous
representation to the other party, then the other party shall have the right to send a
notice of termination of this Agreement.
During the thirty-(30) day period beginning on the date of such notice,
Contractor and the City will negotiate in good faith toward an amicable resolution of
the default. If no such resolution is agreed upon in writing within such period, this
Agreement shall terminate.
(b) Ifproceedings under any bankruptcy, insolvency, reorganization or similar
legislation are instituted against or by a party, or a receiver or similar officer is appointed for
a party or any of its property, and such proceedings or appointments are not vacated, or fully
stayed, within thirty (30) days after the institution or occurrence thereof, the other party shall
have the right to terminate this Agreement by written notice, such notice to be effective
upon delivery.
(c) The non-defaulting party may, at its discretion, exercise all remedies available at law
or equity or other appropriate proceedings, including bringing any action or actions from
time to time for the recovery of damages as a result of such default, and all costs and expenses
reasonably incurred in the exercise of its remedies hereunder (including attorneys' fees).
12. ASSIGNMENT
(a) Except as provided in this Section, neither party will assign any of its rights or
obligations hereunder without the prior written consent of the other party. This Agreement
will bind and inure to the benefit of the successors and permitted assigns of the parties.
(b) The City may transfer or assign its rights and obligations under this Agreement to a
successor purchaser of the facilities if such assignee or transferee explicitly assumes in
writing the obligations ofthe City under this Agreement.
13, EXCUSED DELAYS
If either party will be delayed in or prevented, in whole or in part, from performing any
obligation or condition hereunder with the exception of the payment of money, or from
exercising its rights by reason or as a result of any "force majeure" or due to the failure of the
other party to perform its obligations hereunder, such party will be excused from performing
such obligations or conditions while such party is so delayed or prevented. The term "force
majeure" as used herein means acts of God, acts of government, strikes, lockouts. or other
industrial disturbances, acts of public enemy, blockades, wars, insurrections or riots,
epidemics, landslides, fires, storms, floods, earthquakes. explosions, water damage, lightning,
freeze-ups, theft, malicious mischief, electrolytic or chemical ijction, unusual delays in
transportation, or other similar causes beyond the control of such party.
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Energy Controls & Concepts - Page 7 of 10
98 316
AGREEMENT FOR PROFESSIONAL SERVICES WITH ENERGY CONTROLS & CONCEPTS FOR REPLACEMENT OF EXISTING
LIGHTING WITH ENERGY-EFFICIENT LIGHTING AT C.I.D., BUILDING MAINTENANCE SHOP, FIRE MAINTENANCE SHOP,
JOHNSON CENTER, LYTLE CREEK CENTER, MILL CENTER, NICHOLSON CENTER, PARKS AND RECREATION
ADMINISTRATION, PERRIS HILL SENIOR CENTER, ROWE LIBRARY, RUBEN CAMPOS CENTER AND VILLASENOR
LIBRARY.
14. NOTICES
Any and all notices between the City and Contractor provided for or permitted under this
Agreement or by law will be in writing and will be deemed duly served when personally
delivered to the party, or in lieu of such personal service when deposited in the United States
mai~ certified, postage prepaid, addressed to such party at the address of such party listed on
the signature page to this Agreement or at such other address as is given to the other party
by like notice. A copy of any notice to Contractor shall be sent to Energv Controls &
Concepts 1758 Orange Tree Lane, Red1ands. CA 92374 (Attention: Stephen Guthrie
15. MISCELLANEOUS
(a) Term. This Agreement will take effect when signed by both parties and, unless
sooner terminated, will continue until the parties have satisfied their obligations under this
Agreement.
(b) Forum and Law. This Agreement is considered to have been made at City of San
Bernardino, County of San Bernardino. Contractor and the City agree that any and all
disputes arising out of or in connection with this Agreement will be brought only in the
jurisdiction of the County of San Bernardino, California Contractor and the City each
consent to the jurisdiction of the County of San Bernardino, CA and each agree to the
service of process in accordance with the law of the State of California.
(c) Entire Agreement. This Agreement, including its Exhibits, which Exhibits are
incorporated into this Agreement in their entirety, contains the entire agreement between the
parties with respect to its subject matter and supersedes all prior proposals, letters, brochures
and other material relating to its subject matter. No amendment, waiver or discharge of any
provision of this Agreement will be valid unless in writing and signed by any authorized
representative of the party against which such amendment, waiver or discharge is sought to
be enforced.
(d) Non-Waiver. The failure of either party to insist in any instance upon strict
performance of any of the provisions of this Agreement will not be construed as a waiver of
any such provision nor affect any present or future rights hereunder.
(e) Interpretation. The headings and the table of contents are for reference and convenience
only and will not be considered in the interpretation of this Agreement. The language used
in this Agreement will be deemed to have been chosen by the parties to express their mutual
intent and no rule of construction will be used to construe language against either party.
(f) Severability. If any provision of this Agreement is held to be unenforceable, then
both parties will be relieved of all obligations arising under such provision. but only to the
extent that such provision is unenforceable, and this Agreement will be deemed amended by
modifYing such provision to the extent necessary to make it enforceable while preserving its
10/28/98
Energy Controls & Concepts - Page 8 of ] 0
98 '3lt)"
AGREEMENT FOR PROFESSIONAL SERVICES WITH ENERGY CONTROLS & CONCEPTS FOR REPLACEMENT OF EXISTING
LIGHTING WITH ENERGY-EFFICIENT LIGHTING AT C.I.D., BUILDING MAINTENANCE SHOP, FIRE MAINTENANCE SHOP,
JOHNSON CENTER, LYTLE CREEK CENTER, MILL CENTER, NICHOLSON CENTER, PARKS AND RECREATION
ADMINISTRATION, PERRIS HILL SENIOR CENTER, ROWE LIBRARY, RUBEN CAMPOS CENTER AND VILLASENOR
LIBRARY.
intent or, if that is not possible, by substituting another provision that is enforceable and
achieves the same objective and economic result. If such unenforceable provision does not
relate to the payments to be made to Contractor, and if the remainder of this Agreement is
capable of substantial performance, then the remainder of this Agreement will be enforced
to the extent permitted by law.
(g) Independent Parties. Nothing contained in this Agreement will be deemed or
construed for any purpose, to establish, between the parties, a partnership or joint venture, a
principal-agent relationship, or any relationship other than City and independent contractor..
(h) Non-Discrimination. During the performance of this Agreement, Contractor agrees
that Contractor shall not discriminate on the grounds of race, religious creed, color, national
origin, ancestry, age, physical disability, mental disability, medical condition including the
medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition
related thereto, marital status, sex or sexual orientation in the selection and retention of
employees and subcontractors and the procurement of materials and equipment. Further,
Contractor agrees to conform to the requirements of the Americans with Disabilities Act in
the performance of this Agreement.
16. COMPLIANCE WITH CIVIL RIGHTS LAWS
Contractor hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, age, handicap, religion, sex, marital status or national origin, in
accordance with Federal, State and Local laws. Such action shall include, but not be limited to, the
following: recruitment and recruitment advertising, employment, upgrading, and promotion. In
addition, Contractor shall not exclude from participation under this Agreement any employee or
applicant for employment on the basis of race, color, age, handicap, religion, sex, marital status or
national origin in compliance with State and Federal laws.
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Energy Controls & Concepts - Page 9 of I 0
98 '31G'
AGREEMENT FOR PROFESSIONAL SERVICES WITH ENERGY CONTROLS & CONCEPTS FOR REPLACEMENT OF EXISTING
LIGHTING WITH ENERGY-EFFICIENT LIGHTING AT C.I.D., BUILDING MAINTENANCE SHOP, FIRE MAINTENANCE SHOP,
JOHNSON CENTER, LYTLE CREEK CENTER, MILL CENTER, NICHOLSON CENTER, PARKS AND RECREATION
ADMINISTRATION, PERRlS IIILL SENIOR CENTER, ROWE LIBRARY, RUBEN CAMPOS CENTER AND VILLASENOR
LIBRARY.
CITY OF SAN BERNARDINO
By:
By:
PTS
ItS:
Mayor
Its:
Date:
//- '(~ 9 R'
Date:
/1-9-fJ
Address for notices:
Address for notices:
City of San Bernardino
300 North D Street
San Bernardino. CA 924 18
Energv Controls & Concepts
1758 Orange Tree Lane
Redlands. CA 92374
Attention: Jim Sharer
Attention: Attn: Stephen Guthrie
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
,
10/28/98
Energy Controls & Concepts - Page 10 of 10
98 316
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CITY OF SAN BERNARDINO
FACILITIES MANAGEMENT
R E QUE S T FOR PRO PO S A L
ENERGY EFFICIENCY PROJECTS AT NINETEEN BUILDINGS
SECTION 1
Part 1. Introduction - Scope Of Work
The City Of San Bernardino is currently in need of performing energy efficiency projects
at nineteen buildings. The City is also interested in securing funding for these projects
through the municipal lease method, and is soliciting bids on the financing of this
project as well. The City shall have the option to provfde third party funding by a lender
of its choice if it is determined to be in the best interest of the City_ The City shall not be
liable for any costs whatsoever incurred by any person, ESCO,
consultant/subcontractor, or firm responding to the request for proposaJ The project
shall consist of seven mechanical projects and twelve lighting projects. The locations
are as follows:
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5 Street Semor Center
Animal Control
Building Mainl Shop
Carousel Mall
CID
Delmann Heights
Feldheym Library
Fire Maint. Shop
Johnson Hall Comm. Ctr.
Lytle Creek Comm ctr
Mill Community Center
Nicholson Comm. Ctr.
Parks & Rec Admin
Parks & Rec Admin
Perris Hill Sr. Center
Rowe Library
Ruben Campos Ctr.
Rudy Hernandez ctr.
Villasenor Library
Mechanical
Mechanical
Lighting
Mechanical
Lighting
Mechanical
Mechanical
Lighting
Lighting
Lighting
Lighting
Lighting
Lighting
Mechanical
Lighting
Lighting
Lighting
Mechanical
Lighting
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The scope of work at each location Is detailed below.
Mechanical
1. 5th Street Senior Center
600 W. 5th Street
This location currently has a 21 year old fifty-ton Nesbitt multi-zone rooftop package unit It has
seven zones, one of which Is the kitchen which calls for air constantly. The City Is looking for a
solution that wiD replace the fifty-ton mulll-zone unit and install a $ITlan rooftop unit for the kitchen.
This is to be a tumkey installation and include aD design, structural, mechanical, electrical and
roof repair work.
2.
Animal Control _
333 Chandler Place
This location has two sixteen year old rooftop package units and ten evaporative coolers. The
City is looking for a solution that will replace the two package units with high eflicjency units, units
that have an SEER of 12.0 or higher. The units must have an avallabilily of parts within 15 m/Ies
of the City of San Bernardino. The coolers are to be replaced with new evaporative coolers. The
new coolers and package units are to be the same size or tonage as the ones removed. ThIs is
to be a tumkey installation and include all design, structural, mechanical, electrical and roof repair
work.
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3.
Carousel Mall
295 Carousel MaD
This location has four reciprocal chillers, one hundred 8!id twenty-five tons each, that are twenty-
eight years old and wiD be the first units to be replaced of aU the projects noted. Currently, only
one chiller operates. The solution the City Is seeking is to replace the four chiBers with two
Carrier 30 HXA screw chillers. This Is to be a turnkey project and all design, engineering,
struclural, mechanical, electrical, and roof repair wort are to be included.
4. Delmann Heights Center
2969 N. Flores
This location has two twenty year old package units, a fifteen and a seven and a half ton. that sit
down in an equipment well on the roof. The solution for this location is to replace the package
units with new package units with an SEER of twelve or higher. The solution wiD also include
raising one unit up out of the well so that it is servicable. This is to be a turnkey project with all
design, engineering, structural, mechanical, electrical and roof work included.
5. Feldheym Library
555 W. 6th Street
This location has two McQuay sixty ton air cooled chillers that are thirteen years old. The solution
the City would like to see implemented is to remove and replace these chiDers with one Carrier 30
HXA screw chiller and install a cooling tower and related pumps. This is to be a turnkey project
City o( San Bernardino-Animal Control Lighting Retrofit
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and all design, engineering, structural, mechanical, electrical and roof work are to be prov1cled by
the vendor.
e. Parks and Recreation
547 N. Sierra Way
This location has two package units on the roof that are over seventeen ye8IS old. The solution
here is to replace the package units with high efficiency units that have an SEER 01 twelve or
higher. This is to be a turnkey project and wiD indude al design, engineering, mechanical,
electrical and roof wort.
7. Rudy Hernandez Center
222 N Lugo
This location has four rooftop package units, two of which are over twenty ye8IS old and need to
be replaced. The solution for this location is to replace the two twenty year old unIs with new
package units that have an SEER oItwelve or higher. This Is to be a turnkey project and wi.
include aD design, engineering, structural, mechanical, electrical and roof wort.
Lighting
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There are twelve lighting ~ at the following locations:
Building Maintenance Shop
247 S. Pershing
CIO
8088 Palm Lane
Fire Maintenance Shop
1208 North H St
Johnson Center
906 WIlson
Lytle Creek Center
380 SOuth K St
Mill Center
503 E. Central
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Parks &. Recreation
547 N Sierra Way
Rowe Ubrary
108 East Marshall
Nicholson Center
2750 West ~ Street
Perris HiD Senior Center
780 East 21 It Street
Ruben Campos Center
1717 West 5'" Street
Villasenor Ubrary
525 N. Ml Vernon
The scope ot worlt tor aD the lighting retrofits is as follows: Vendor is to retrofit aD existing T -12 ftourescent
lamps and magnetic baDasts with new T -8 flourescent lamps and electronic banasts. All incadescent
fixtures are to be replaced or retrofit with new compact ftourescent fixtures. Replace or retrofit all exit
signs with new LED exit sign fixtures. AD fixtures are to be deaned thoroughly on the interior and lens are
to be deaned on both sides. MotIon sensor wall switches are to be instaHed in all private rooms and
offices ot less than 300 s.t. Vendor is to field verify all fixture counts and provide a lamp, ballast, compact
flourescent, exit sign and sensor count tor each location.
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2. PART 2 - General Work Conditions
2.1 ComDletlon of Work:
The wo~ described In this project shall corrmence 10 days from the date a notice to
proceed is issued. The project shall be completed within 180 days from said notice.
2.2 Pavment of Prevallloo Waae:
The contractor and al subcontractos shall pay each craft or WOf1anan employed on this
project not less than the prevailing wage rates specified In Resolution 180-358 of the
Mayor and Common Council of the City of San Bemardino.
2.3 Sound Control Reaulrements:
Sound control shall comply with Chapter 8.54 of the City of San Bernardino Municipal
Code.
2.4 Business Ucense:
The contractor shall obtain a City Business Registration, prfor to the execution c:A the
contract.
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Pavments:
All payments shall be made as per the terms of the munlcipallease and upon signed
Notice Of Completion of the entire project by the City.
2.8 ProJect ADaearance:
The contractors shall maintain a neat appearance of the worlcsile. When practicable,
light tubes, ballasts, fixtures, lamps and switches shall be disposed of concurrently with
their removal.
2.5
2.7 Hazardous MatlBrialslL.amD DIsDOSaI:
Any hazardous materials encountered In the course of pedonning this work must be
identified to the City. The City will be responsible for disposal of hazardous matellals. All
lamps are to be disposed of by the contractor in accordance wIIh all applcable laws.
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2.8 Hours of Work:
Hours of work shall be approved by the Facilities Management director. Typical hours of
operation are from 7:30 a.m. to 8:00 p.m.
The contractor shall plan his work so that an lighting fixtures worked on shall be
completed and be oparational before 7:30 a.m., Monday through Friday.
The contractor is to plan his work so that the facilities have ventilatlon systems in
operation at aJllimes, per the UMC. If prolonged ventilation system outages are
expected, temporary chillers or air conditioners are to be brought in as part of this
contract.
Many facilities are alarmed buildings. Work times and dates must be scheduled in
advance and approved by the Facilities Management director or designee.
Section 2
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Elec1rIcal
2. GENERAL
1. PART1-SUMMARY
1.1 This division of the SpecilIcations outlines the provisions of the contrad work to be
performed under this division.
1.2 In addition, work in this division is governed by the provisions of the bidding
requirements, contract forms, general conditions and all sections under general
requirements.
...
1.3 These Specifications contain statements which may be more definitive or more restridlve
that those contained in the General COndlions. Where these statements occur, they
shall take precedence overthe General COnditions.
1.4 Where the word 'provide' or 'provision' is used, it shan be definitely interpreted as
"furnishing and instalDng complete in operating condition'. Where the words 'as
indicated' or 'as shown' are used, it shall mean lis shown on the contrad drawings.
1.5 Where items are specified in the singular, this diYision shaH provide the quantity as
shown on drawings plus any spares or extras mentioned on drawings or Specifications.
All specified and supplied equipment shall be new.
2. PART 2 - CODES. PERMITS AND FEES
2.1 COmply with all applicable laws, ordinances, rules, regulations, codes or rulings of
governmental units having jurisdiction as well as standards of NFPA. and serving utility
requirements.
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2.2 Installation procedures, methods and colKlitionS shall comply with the latest requirements
of the Federal Occupational Safety and Health Ad (OSHA).
2.3 A City Building Permit will be required.
3. PART 3 - EXAMINATION OF PREMISES
3.1 Examine the construcllon drawings and premises prior to bidding. No allowances will be
made for not being knowledgeable of existing colKlilions. All bidders are expected to
field-verify material counts, building voltage alKl other conditions prior to bidding. No job
walk will be conducted.
4. PART 4 - STANDARDS
4.1 The following standard publications of the latest editions enforced and supplements
thereto shall form a part of these Specifications. All electrical work must, as a minimum,
be in accordance with these standards.
4.1.1 Califomia Electrical Code, Part 3, TlUe24C.C.R 1987
w/Califomia Amendments
4.1.2 National Fire Protection Association
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4.1.3
4.1.4
4.1.5
4.1.8
4.1.7
4.1.8
4.1.9
4.1.10
4.1.11
4.1.12
4.1.13
4.1.14
4.1.15
4.1.18
Underwriters' laboratories, Inc. (UL)
Certified Balast Manufacturers' AssocIalIon (CSM)
National Electrical Manufaclurers' Association (NEMA)
Institute of E1eclrical & EIeclronIcs ElIglneers (IEEE)
American Soclety for Testing & Materlals (ASTM)
National Board of Fire Underwriters (NBFU)
National Board of Standards (NBS)
American National Standards Institute (ANSI)
Insulated Power Cable Engineers Association (IPECS)
Electrical Testing laboratories (ETL)
National Electrical Safety Code (NESC)
California Electrlcal Code, rltle 24, Part 3
Unifonn Building Code
National Electrical Code
5. PART 5 - DEFINITIONS
5.1 Concealed: Hidden from sight, as in trenches, chases, hollow construction, or above
furred spaces, hung ceilings - acoustical or plastic type, or exposed to view only In
tunnels, attics, shafts, crawl spaces, unfinished spaces, or other areas solely for
maintenance and repair.
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5.2
Exposed, Non-Concealed, Unfinished Space: A room or space that is ordinarily
accessible only to building maintenance personnel, a room noted on the "finish schedule"
with exposed and unpainted construction for walls, floors, or cei6ngs or specilicaDy
mentioned as 'unfinished'.
5.3 Finish Space: Any space ordinarily visible, including exterior areas.
6. PART 8 - WORK AND MATERIALS
8.1 Unless otherwise specified, all materials must be new and of the best quality. Perfonn all
labor in a thorough and worlunanlike manner.
6.2 All materials provided under the contract must bear the UL label where normally
available. Note that this requirement may be repeated under equipment specifications.
In general. such devices as will void the label should be provided in separate enclosures
and wired to the labeled unit in proper manner.
7. PART 7 - SHOP DRAWINGS AND SUBMITTALS
7.1 Sub shop drawings and all data for all equipment provided under this division.
7.2 Shop drawings submittals demonstrate to the City that the Contractor understands the
design concept. The Contractor demonstrates his understanding by indicating which
equipment and material he intends to fumish and install and by detailing the fabrication
and installation methods of material and equipment he intends to use. If deviations,
discrepancies, or conflicts between submittals and Specifications are discovered, either
prior to or after submittals are processed, notify Facilities Management immediately.
7.3 Manufacturer's data and dimension sheets shall be submitted giving an pertinent physical
and engineering data including weights, cross sections and maintenance instructions.
Standard items of equipment such as receptacles, switches, plates, etc.. which are
catalogued items, shall be listed by manufacturer.
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7.4 Index aU submittals and reference to these Spec:iIIcaUons. AI submittal items shaD be
assembled and submitted in a single complete blnder. Partial submittals wi. not be
reviewed.
8. PART 8 - COOPERATIVE WORK
8.1 Correct without charge any work requiring alteration due to lack of proper supervision or
failure to make proper provision in time. Correct without charge any damage to adjacent
work caused by the alteration.
8.2 Cooperative work includes: General supervision and responsibility fOr proper location and
size of work related to this division, but provided under the other sections of these
Specifications, and installation of sleeves, inserts, and anchor bolts fOr work under each
section in this division.
9. PART 9 - VERIFICATION OF DIMENSIONS
...
9.1 Scaled a.nd figured dimensions are approximate only. Before proceeding with work,
carefuUy check and verify dimensions, ete., and be responsible for properly fitting
equipment and materials together and to the structure in properly fitting equipment and
materials together and to the structure in spacesu provided.
9.2 Drawings are essentially diagrammatic, and many offsets, bends, pun boxes, special
fittings, and exact locations are not indicated. Carefully study drawings and premises in
order to detennine best methods, exact locations, routes, building obstructions, etc. and
install apparatus and equipment in manner and locations to avoid obstructions, preserve
headroom, keep openings and pallSageways clean, and maintain proper clearances.
10. PART 10 - CONSTRUCTION FACILmES
10.1 Furnish and maintain from the beginning to the completion all lawful and necessary
guards, railings, fences, canopies, lights, warning signs, ate. Take a. necessary
precautions required by City, State Laws, and OSHA to avoid injury or damage to any
persons and properly.
10.2 Provide temporary power and lighting for construction purposes as necessary.
11. PART 11 - GUARANTEE
11.1 Guarantee all material, equipment and workmanship for all sections under this division in
writing to be free from detect or material and workmanship for one year from date of final
acceptance. as outlined in the General Conditions. Replace without charge any material
or equipment proving defective during this period. The guarantee shall include
perfonnance of equipment under all site conartions, conditions of load, instaning any
additonal items of control and/or protective devices, as required.
11.2 All lamps installed under this contract shall be guaranteed against any and all defects,
inadequate or inferior material and/or workmanship for a period of one (1) years.
11.3 All ballasts installed under this contract shall be guaranteed for a period of three (3)
years.
11.4 The guarantee period shall commence upon final acceptance by the City.
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11.5 Durtng the guarantee pertod, any equipment found 10 be defec:tJye. whether or not due to
the faul of the eo. ,II ....hn'. shan be replaced by the Contrac:tor wIlNn ten (10) days of
wrIllen nolillcatlon. The City Inspector shall be the sole judge as to the condIIon of the
matertal.
12. PART 12 - EQUIPMENT
12.1 Lamps for this project shall be manufactured by GE and shaD meet the foIowIng
specilk;atIons (See Appendix for addllIonal specifications and cut sheets) or be approved
as an equal.
12.1.1 Manufacturer
12.2.2 Color temperature
12.2.3 Color Rendering Index
12.2.4 Warranty
GE
4100K
70-75
As applicable from lamp manufac:lurer
12.2 Ballasls for the City Hal RatrofIt shaI be manufactured by GE (Nannal Light Output)
Rapid Stilrt T8 baDasls per attached speciftcallon sheet and shall meet the following:
"
12.2.1 Sound Rating
12.2.2 Certified
12.2.3 Type
12.2.4 Description
12.2.5 Hannonic Distortion
12.2.6 Voltage
12.2.7 Manufacturing location
12.2.8 Warranty
12.2.9 BaRast factor
12.2.10 Power Factor
."A-
UL (Class P) and CBM
Electronic (Rapid start)
ANSI C82.11-1993
<18 Tolal
Match luminaire
USA
Minimum 3 years
Not less than .875
>.92
12.3 Occupancy sensors for this project shaI be ma!lufactured by The Wall Stopper,Inc..
Sensor model numbers and locations are listed' below. All sensors instaRed shall be
model W500A or equal and meet specifications on manufacturers cut sheets.
12.3.1 All sensors shall be Iocaled and installed per the manufacturer's
requirements. The Contractor shall detennine and provide all
equipment, including control units, necessary to provide a complete and
funclioning occupancy sensor.
13. PART 13. EQUIPMENT FINAL CONNECTIONS
13.1 Provide all final connections for the following:
13.1.1 All equipment furnished under this division.
13.1.2 Electrical equipment furnished under other sections of the Specifications.
14. PART 14 - GENERAL WIRING
14.1 Complete rough-in requirements of aU equipment to be wired under the contract are
indicated. Coordinate with respective trades fumishing equipment or with the City as the
Cly of San 8emarrJ"ITIO-AnimaJ Control U{1lting Retrofit
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CII8 may lie for complete and accurate requlremenls to ~ In a neat, workmanlike
Installation.
14.2 ProvIde proper size and type of feeds from proper sources for .. such Items Indicated,
checking drawings of aI trades to ensure inclusion of all Items.
15. PART15-CLEANUP
15.1 In addlllon to cleanup specIIIed under otf:ter seclIons. thoroughly clean a. parts of the
equipment
15.2 During the progress of the work, keep ~. premlsss clean and free of debris. Desktops
and floor surfaces under each luminalre ~ to be cleaned after each retrofit. .
18. PART 18 - DEMOLITION
18.1 Alighting fbclures, wiring devices and ~neous signal devices illdic8led to be
removed underthis Contract shall be ~ tllsposed of. The eo"bodor shaH be
responsil!/8 for breakage or damage to the ~pment willie In his pc ss ssslon.
PART 17 - DIFFERING SITE CONDITIONS
17.
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17.1 During the progrs ss of the WOfk, If physical COf\dIlIonS at the sIe differ from what is
shown on the plans, the party discovering _ condllions shaH promplly notify the other
party in writing of the specific difl'ering condllion before the all'ected work is performed.
Upon written notiIicalion, FaciRties Ma~ wi. lnvestlg8te the condition to
determine If there is an Increase ordecrepss Intl\fworkto be ~
Management will notify the Contractor of ~is ~elTnination whether ~~ ~ - J,. 'ment
of the contract is warranted.
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