Loading...
HomeMy WebLinkAbout19-Facilities Management CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Sharer, Director Subject: Resolution authorizing the execution of a contract with and issuance of a purchase order to Industrial Air Innovations, Inc. for the replacement of two HV AC units at Fire Station 221. Dept: Facilities Management Date: July 27, 2004 ORlGlNAL MlCC Meetin2 Date: AU2ust 16, 2004 Synopsis of Previous Council Action: None Recommended Motion: I. Adopt Resolution; 2. Authorize the Director of Finance to amend the FY04-05 budget and include the loan proceeds and expenditure of those proceeds in Account # 001-321-5706 (Alterations and Renovations) and 001-000-6453 (Loan Proceeds); and 3. Authorize the Purchasing Manager to solicit, as needed, lease-purchase rate quotes for the Fire Station 221 HV AC Project, the Fire Station 221 roof replacement, the Police IS Building roof replacement, and the Cat Building renovation at the Animal Control Shelter for a total of $480,000 under the existing Master Lease Agreements, and award a lease-purchase contract to the lowest responsible lease company. Contact person: James Sharer ames W. Sharer Director of Facilities Mana ement Phone: 384-5244 Supporting data attached: Staff Report, Resolution Ward(s): I FUNDING REQUIREMENTS: Amount: $120,000.00 Source: : 001-321-5706 (Alterations & Renovations) 001-000-6453 (Loan Proceeds) Barbara Pachon Director of Finance 'RE:S.# 200\- 2~ No. J q eIJv/1JI CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution authorizing the execution of a contract with and issuance of a purchase order to Industrial Air Innovations, Inc. for the replacement of two HV AC units at Fire Station 221. BACKGROUND Fire Station #221, built in 1982, is located at 200 East Third Street. The facility has two original main HV AC units, which have reached the end of their productive life cycles. The boiler in one of the units has failed and must be replaced before the winter heating season. Replacement of both is recommended due to life and safety considerations. Request for Quotations # RFQ F -05-015 was mailed to thirteen vendors, the San Bernardino Chamber of Commerce, advertised in the Sun newspaper, and placed on the City Website. Three bids were received on July 21, 2003. The bids were reviewed by Marsha Zeller, Purchasing Manager, and David Taylor, Project Manager. The bid results are as follows: Contractor Location Total Bid 1. Industrial Air Innovations San Bernardino $109,876 2. Western Allied Sante Fe Springs $127,749 3. Dahl/Taylor Santa Ana $183,400 Staff recommends that the project be awarded to Industrial Air Renovations for $109,876 with a $10,126 contingency budget to be used in the event of an unforeseen condition. Total $109,876 $10.124 $120,000 HV AC Replacement Contingency (9%) FINANCIAL IMPACT This Project is identified in the City of San Bernardino 2003-2004 Capital Improvement Program as project number OB04-08. The project will be funded by means of a five-year lease-purchase financing package in the amount of $120,000.00. Debt service on this loan is estimated to be $27,080 per year at an interest rate of 4.11 %, with payments anticipated to commence in April 2005. Including financing costs of approximately $15,400, the total cost would be $135,400.00. The first payment of this loan was included in the FY 2004-05 budget, in account # 001-325-5803 (lease payments). Staff will be combining this project with three other CIP projects for a combined Lease purchase package. The Fire Station 221 roof replacement, Police IS building roof replacement, and the Cat Building renovation at the Animal Control Shelter are all CIP projects for this fiscal year, and combining these together will put the City a better position to secure better lease purchase rates. It is also requested that the Finance Director be authorized to combine these projects for financing, and be allowed to solicit bids for this package at this time. A budget amendment is needed to appropriate the funds that will be received from the financing for this project. The loan proceeds will be budgeted and paid out of Account # 001-321-5706 (Alterations & Renovations) and the corresponding debt service payment will be a General Fund obligation and will be included in the City's FY04-05 budget. RECOMMENDATION Adopt Resolution; authorize the Director of Finance to amend the FY04-05 budget and include the loan proceeds and expenditure of those proceeds in Account # 001- 325-5706 (Alterations & Renovations) and 001-000-6453 (Loan Proceeds); and authorize the Purchasing Manager to solicit, as needed, lease-purchase rate quotes for the Fire Station 221 HV AC Project, the Fire Station 221 roof replacement, the Police IS Building roof replacement, and the Cat Building renovation at the Animal Control Shelter for a total of $480,000 under the existing Master Lease Agreements, and award a lease-purchase contract to the lowest responsible lease company. o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 CC~~1f RESOLUTION NO. 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 DesignlBuild HV AC 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 21 hereunder until the time of such full execution. No oral agreements, amendments, 22 23 24 25 26 27 28 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. //1// //1// o o o RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO TO AUTHORIZE THE EXECUTION OF A 2 CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO INDUSTRIAL AIR INNOVATIONS FOR THE REPLACEMENT OF TWO 3 HV AC UNITS AT FIRE STATION #221. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of following vote, to wit: , 2004, by the Council Members: ABSENT AYES NAYS ABSTAIN ESTR..A.DA LONGVILLE MCGINNIS DERRY KELL Y JOHNSON MeC AMJ\,lACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2004. Judith Valles, Mayor City of San Bernardino 23 24 Approved as to form and legal content: 25 26 I 27 J 28 - i. PI' James F. Penman, City Attorney Exhibit "A" o AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this of 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 HV AC 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 o 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 "I", 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. o 5. COMPENSATION o o o 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: I. 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 "I" 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. 2 08. Exhibit ~'A" COMPLIANCE WITH CIVIL RIGHTS LAWS Contractor hereby certifies that it will not discriminate against any employee or applicant for employment because ofrace, 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 o c 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 "I". 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 oftermination 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. II. INDEPENDENT CONTRACTOR 3 o o o Exhibit "A" 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. 12. 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. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Contractor and City: CONTRACTOR CITY Jim Carter Industrial Air Innovations, Inc. 323 South Sierra Way San Bernardino, CA 92412 Jim Sharer Director of Facilities Management 300 N. "0" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES 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 4 o 016. o 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. 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 IINSURANCE 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 o o o Exhibit "A" A. ComDrehensive 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 ComDensation 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. III III 6 Exhibit uA" OEMENT 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: CITY OF SAN BERNARDINO BY: Rachel Clark, City Clerk City of San Bernardino BY: Judith Valles, Mayor City of San Bernardino Industrial Air Innovations, Inc. BY: Signature o NAME: TITLE: Approved as to form and legal content: JAMES F. PENMAN City Attorney .~ o 7 EXHIBIT 1 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, 4th Floor San Bernardino, Ca. 92418 Attn: Ms. Marsha Zeller, CPM Subj: RFQ-F-05-015 Ref: HV AC System Design/Build Retrofit at Fire Station #221 Dear Ms. Zeller: I am pleased to provide you with a designlbuild proposal for the above referenced project. My Company will provide engineering, labor, equipment and materials as follows: AC-I Replace with new (1) one nominal15-ton packed Carrier Rooftop unit AC-2 Replace with new (I) 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 V A V intent. Each unit shall have one (I) smoke detector for each supply and return plenum. The controlled shutdown will be stand-alone with supply fan shutdown. New air conditioning unit No. I and 2 shall have new roof curbs to compliment the owner's new roof membrane. Structural modifications for AC-l, 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-Iayment integrity. The units will be provided with new fused disconnects and AC-2 shall be interlocked with EF -I. The gas and condensate utilities shall be extended at the roof s point of connections. 323 S. SIERRA WAY. P.O. BOX 5302. SAN BERNARDINO. CA 92412-5302 (909) 884-6276 . FAX (909) 889-6936 L1C.#405281 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 moming. 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 (I) 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, /_ (~t.~_. ) (~t James'S. Carter Vice President ~ . o o o RFP F-OS-OlS PRICE FORM (.\0 ~J-. 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 NAMEfTELEPHONE 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 reqU~bY your firm in order to meet the requirements of the Technical Specifications? Yes I 0 . (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 ~ ' o o 10 RFP F-OS-015 Have you included in your bid all informational items and forms as requested~ I 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 1i1 % I 0 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: Addenda No: Addenda No: Received on: Received on: Receiv. o n o AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: ident DATE SIGNED: 7/20/04 COMPANY NAME & ADDRESS: Industrial Air Innovations 323 S. Sierra Way San Bernardino, Ca. 92408 PHONE: 909-884-6276 909-889-6936 FAX: IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: . . RFP F-05-elS o o o o o o . , RFP F-OS-OlS 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 Signature of bidder San Bernardino Place of Residence Subscribed and swom before me this day of July . 20 04. 20th Notary Public in and for the County of San Bernardino . State of Califomia. My commission exp.' U .20~. Februar 3 .ClAUDETTE D.ASTRY COMM. #1487808 NllTARY P\BIC.CM.lFClIIIM 8AN~ClUIIY MyComrorlllln~ ._ , o o o RFP F-OS-4l1 S Bond U 8560401-556 BID BOND (in lieu of cash, cashier's check or certified check) KNOW ALL PEOPLE BY THESE PRESENT: Industrial Air Innovations (Div. Inland Acoustics, Inc.) ,as CONTRACTOR, . a1'idelity anll,Deposit Company of Maryland ,as Surety, are held and firmly bound 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 *** Dollars and *** 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 sull!ty company, having a rating In Besrs most recent insurance gUide of "A" or better. work SIGNED AND SEALED, thIs 25th Industrial Air Innovations Div. Inland Acoustics, Inc. day of June ,2004 Fidelity and Deposit (SEAL) Company of Maryland (SEAL) RElY CONTRACTOR -c. uL Note: All bids or quotes shaff 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. / o o o 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 ofMlIIYland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant SecretaIy, in pursuance of authority granted by Article .VI, Section 2, of the By-Laws of said Co~~: forth on. the reverse side hereof and are hereby certIfied to be m full force and effect on the date hereof. d s Sf te, constttute and appoint Randy SPOHN, 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 0 ngs and the execution of such bonds or undertakings in pursuance of these " mpany, as fully and amply, to all intents and purposes, as if they had b~(<IPlY regularly elected officers of the Company at its office in Bal~~ s power of attorney revokes that issued on hehalf of Randy SPOHN, dat ~,)dO?' The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- " , and is now in force. IN WITNESS OF, the said Vice-President and Assistant SecretaIy 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 ~v~ ~ By: Assistant Secretary Paul C. Rogers Vice President T. E. Smith State ofMlIIYland } sS' City of Baltimore . On this 6th day of April, A.D. 2004, before the subscriber, a Notary Public of the State of MlIIYland, duly commissioned and qualified, carne PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant SecretaIy of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individnals 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 Mitten. fYp~J- Dennis R. Hayden Notary Public My Commission Expires: FebrullIY 1,2005 Dt"\^ en...., ':U''I.I:.I: o o o 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 anyone of the Assistant Secretaries. to appoint Resident Vice-Presidents. Assistant Vice-Presidents and Attorneys-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 ofmortgages....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 Attorney-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 10th 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 day of June . 2004 25th Gfd~ Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT of CALD'ORNJA On ORANGE , I~" (."i (, ,.......:1 v, J I before me. T. Cox. NOTARY PUBLIC County of personally appeared RANDY SPOHN 181 personally known to me -OR- T. COX33&91 COMM...143 f()llNI~ -l NO"l/J\YPUB~ Ul O~~NGE wu'" . ; lIy To'" exp. Allgulll, lOll o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument IDd acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), IDd that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. ~.~ Sipature of Notary ougll the data below Is not required by law, It may prove valuable to persons relying on the document IDd coald prevent frandulent reattacbment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT o PARTNER(S) 0 LIMITED 181 ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(1ES) o '\ c) State 01 Calnornia n:.:.. CONTRACTORS STATE LICENSE BOARD e ~. ACTIVE LICENSE ........ . ...w_ 405281 _ CORP __ INLAND ACOUSTICS INC """".""'" C43 C38 C20 C-2 B C10 HIC ~ "W_o.. 05/31/2005 o Nft ~ of_ ___ mllltl>o r-"<l..... RogI".- "cloys. 1bIo .--1.noI__-.... 1>0_10'" ~ upon dIIMnd wMn....spended. rwwollltd. Of' I.. 11 ...t..d lor..,........ Thi. pocIIoI_l. valid 1hrGugll1ho........ _ only. It foood, drop In an( maibox Poo._ontMdllV: Contctorl Statt UcenH Board P.O. &ox 28000 ~-~~~.~..... ~,,~ ~~Iau. \. o e:J. I. S". 3 .1,;up.TORICONTROLLER-RECORDER 'V COUNTY OF SAN BERNARDINO Q2 West Hospitality Lane, 1st Floor an Bernardino, CA 92415-0022 (909) 386-8970 . FICTITIOUS BUSINESS NAME STATEMENT FIRST FILING - PUBLICATION NEEDED WITHIN 30 DAYS FBN Number : 1998-07440 Filed: Bernardino County Clerk Date : 08/13/1998 By: CvL.t c( Began Transacting Business : Not Applicable eputy Expires On : 08/13/2003 First Filing Fee: $36.00 Business Is Conducted By : A Corporation ... AI#: 1016481 State: CA Fictitious Business Name(s) : INLAND INTERIOR CONTRACTING : INDUSTRIAL AIR INNOVATIONS Business Address Phone Mailing Address : 323 S. SIERRA WAY SAN BERNARDINO, CA 92408 : (909) 884-6276 : PO BOX 5302 SAN BERNARDINO, CA 92412 Registrant Address o 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 SEa., Business and Professions Code). : INLAND ACOUSTICS INC. : 323 S. SIERRA WAY SAN BERNARDINO, CA 92408 Registrant Signature Signature Print Name Title Print Officer's Name J Of r r l/ J:. . I ~y~~ - I HEREBY CERTIFY THAT THIS COPY IS A ~ CORRECT COPY OF THE ORIGINAL STATEMENT ON FILE IN MY OFFICE. By c...: ERNARDINO C~ CLERK ~ C!tA..LCI" / / ~ epu c Page 1 Distribution: BANK '. AI JAMES S. CARTER PROJECT ENGINEER ~ l. ~1 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 cfes · DOC 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 ENGINEERNICE PRESIDENTIMANAGER INLAND ACOUSTICS, INC. DBA Inland Building Companies INDUSTRIAL AIR INNOVATIONS Div. PROSOURCE ENGINEERING Div. Clements Heating & Air Conditioning San Bernardino, Ca. 8/98 to Present Specialties Division HVAC contractor Mechanical Engineering Service/Light Commercial Supervise and manage overall operations and duties to monitor specialty bid projects. Perform designlbuild mechanical construction serving the commercial and industrial markets. Consulting mechanical job captain to support the engineering division. Monitor service and light commercial activities. , - , . o o DON CLEMENTS SUPERINTENDENT SERVICE MANAGER Don has in excess of thirty-years of accumulated senior level HV AC experience; having acquired his C-20 contractors license in 1982, preceded by nearly twenty-years of experience working with his father's HV AC 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 HV AC service contract administration. 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: HV AC 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 o 323 S.SIERRA WAY. P.O. BOX 5302. SAN BERNARDINO. CA 92412-5302 (909) 884-6276 . FAX (909) 889-6936 L1C.#405281 o o o m ~ ~- ...:lE-< :J< 0> ~o o~ m~ E-<- z< ~...:l ~< e=;: :JE-< Om ~:J o ~ C o ''5. .;: u ~ " o ooe: ~ i o ~ o e UQ. c.E o 0 ~ d::UiIl c _._ 0- E =: e 0 " u C ooell 0 os "0 u ~laUJ CC--", ... 8. e >>0- g U 5 .!:! -; U u ,,- EOc UJoE '" " -::.. I.~ .:::-,C";'~ :1:0" c""'" ot:!> ,...oex tA~r- ~ " .0 E " ;z 1:: os ... < < < .,., ,l o o - :I: oe .... .~ E os " 0' .; " ~ os """ ~ ... ... .!! ~ u .;: II E e os co " c o N OJ c ~ " :s -5 '[< " c ~ ':: :; ~ r! ~ " ,Ec. >>E :c~ E ~ g ~ <~ .0 co 5~ U os o o < o :5 UJ '" '" < co '" U ... ell , co '" U ... o < .; " ~e: :.: 0 g ~ U e Q.c. o E d::O~ o U ill e =.- lI) e e OlluO os ell C ~-c8 oscUJ c.os . >.0 - (,) c.. e CO- .2 U 5 E~~ t.L1c;i foO ~ ._ \0 co ::I:M;.E (1)03 C""~ ~t:!> .oeX ~~r- < < .,., I .,., N o o ~ ,... oe .... .; " .; " " C o N OJ E .!l .5 -5 '[< " C ~ :fa " ~ e: ~ " ,Ec. >>E :c~ E ~ g ~ ~ ~ <co .0 ~"O ala ... CIl , co '" U ... o < .; " ~ os """ u 8!. ... .!! 0; '" u .;: II E e os co ~ :l "" g ~ ] :I: ... :i " C ~ ~ :c -cS U ~!S M ~u ~ -0 ~ ~ la~ o ;,; ~ '" "'0 " .,.,. N~= ~ M~ ~g5~e- 5< ~uo-= ~f:::,.;z.. C)u_g.. caUU) E U =.... u::s" ::::.- ~c 0 8.>> C 0"0 ,... uEc.-!sell (1)_ OcaL.- e=Nll>tU c.--'" .; OM gcuoo,+-.ctS; go::;::;- N .5 u o.~ t ",~uE:l~c::::l:c -- .s:uc::_ut: ....-y-o::so....'ec ~ g lU 5 0 N ~ ClJ~ e ~.5 B-6 u1 6 C E 1:C".d:::-g~e~oE- oC::t_u....uO\u u........lUcaOrn.... CI.Ioo~c..jguo< ;.~.-= i;J >,U::I 1U> Q..5611l..!2Cf.)o.3"=t >>..., ..., e " " " UN co""""...'" 5-<< t-f-f-f-E-~~E-> >>>>>e,,>o >>>>>..."'>.... ~ o a: ell ... ell U "" "" o o < o o ...l UJ '" '" < co '" U '" UJ ~ '" o 0"- N \0 0'10\00 o~~-oNVJSlZ o ~"''''oo~< U~;ZU"'eIl"'U'" CO>>NN"'_O,... r/)OOr/)r/)oocncnoot.LJ UUUUUUUU... MMMC""'lC""'lMMMM MMMMMMMMM .; " '" -= ~ . = ~ = ~ = = = ~ ~ ti OCUCUCUlUOlUMMM UN--o-.NN--- tJ.../.S:l PROGRESS CHART Friday, Day 1 4:00 p.m. Disconnect utilities to AC-l, 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. 8:15a.m. Remove existing units marked Ac-l and AC-2. lO: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 prelilJ1inary 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 Begin control installation. Friday, Day 8 Provide start-up and commissioning on Carrier Controls Provide classroom instruction This Day Job Complete 6, OFHCE m'THE CITY CLERK RACHEL G. CLARK, CM.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.cLsan-bernardino.ca.us '" August 20, 2004 Jim Carter Industrial Air Innovations, Inc. 323 South Sierra Way San Bernardino, CA 92412 Dear Mr. Carter, At the Mayor and Common Council meeting of August 16, 2004, the City of San Bernardino adopted Resolution 2004-258 - Resolution authorizing 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. Enclosed is one (I) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by October 15, 2004. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, .IJ ;If;,:{;:.f ('<.. :-f-C;-) (L"-_. Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ~ INDUSTRIAL AIR INNOVATIONS Ucense #405281 323 S. Sierra Way P.O. Box 5302 SAN BERNARDINO, CALIFORNIA 92412 [1rn'iJ'iJrnw @[? 'iJW&[}!]~~D'iJ'iJ&[1 (909) 884-6276 FAX (909) 889-6936 8'/24/04 ATTENTION JOB NO. City of San Bernardino k' RE: Fire Station TO o Shop drawings o Copy of letter o Prints o Change order o Plans o Samples the following items: o Specifications WE ARE SENDING YOU > ~ Attached D Under separate cover via o COPIES DATE NO. DESCRIPTION 1 Aareement Insurance certificate to follow under ser...rate cover. ed J;'rn,;" no1' r1"h, ,.~J- ~~ 1n/A/nA THESE ARE TRANSMITTED as checked below: o For approval o For your use o As requested o Approved as submitted o Approved as noted o Resubmit copies for approval copies for distribution o Submit o Returned for corrections o Return corrected prints > o For review and comment o o FOR BIDS DUE o PRINTS RETURNED AFTER LOAN TO US REMARKS SIGNED: ~ / COPY TO CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: August 25, 2004 TO: James Sharer, Director of Facilities Management FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-258 - Industrial Air Innovations, Inc. CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with Industrial Air Innovations, Inc, for the replacement of two HV AC units at Fire Station #221. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. , ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): <;<-1 b -aLl Item # 1'1 Resolution # Vote: Ayes \-'1 Nays -6 Abstain h Change to motion to amend original documents 0 Companion Resolutions L.af\- - '2-$ ~ Absent .e- NulVVoid After: <On days / la-, $- a4 Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: Date of Mayor's Signature: Date of Clerk/CDC Signature: 'ls-n-oLl X'-\f<-01 1(-1'11--(') "'( Reso. Log Updated: g- Seal Impressed: .g- Date Memo/Letter Sent for Signature: I st Reminder Letter Sent: <f. z.c-04 Date Returned: '(.;) 5-<>"'1 Not Returned: 0 2nd Reminder Letter Sent: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): YesL Yes Yes Yes Yes No By No ~ By No L By No /' By No? Copies Distributed to: Animal Control 0 EDA 0 Information Services 0 City Administrator 0 Facilities 0' Parks & Recreation 0 City Attorney 0' Finance 0'" Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: .3 Notes: Ready to File:_ Date: Revised 12/18/03