HomeMy WebLinkAbout14-Facilities Management
€ITY'OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Sharer, Director
Subject: Resolution authorizing the execution of
purchase orders with David Richards Electric and
Lon's'Electric to provide labor services in the
amount of $10,000 each; issuance ofa purchase
order with Shook Building Systems for $10,500;
issuance of a contract to Inland Acoustics, Inc. for
$27,215 for energy conservation projects on the
third and sixth floors of City Hall; and
authorization transferring $57,500 within the
Facilities Management Budget to complete energy
saving projects throughout the City Of San
Bernardino.
Dept: Facilities Management
Date: May 21, 2001 0 i1 / ~~ " i 'H~ L
Synopsis of Previous Council Action
None
Recommended Motion:
I. Adopt resolution and
2, Authorize the Director of Finance to amend the FY 2000-2001 Facilities Management Budget and transfer $30,500
from account 001-324-5011 (custodial maintenance salary savings) and $27,215 from account 001-325-5011 (building
maintenance salary savings) to 631-331-5507 (Facilities Services), in the amount of$57,715, to fund energy saving
upgrades to City Hall lighting systems, and to fund energy savings projects throughout the city, discussed in the
attached staff report.
James Sharer
James W. Sharer
Contact person:
Phone:
384-5244
Supporting data attached: Staff Report
Ward(s): All
FUNDING REQUIREMENTS:
Amount: $57,715
Source: 631-331-5507
Finance
Council Notes:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL
ACTION
STAFF REPORT
SUBJECT
Resolution authorizing the execution of purchase orders with David Richard's Electric
and Lon's Electric to provide labor services in the amount of $10,000 each; issuance
of a purchase order with Shook Building Sysytems for $10,500; issuance of a contract
to Inland Acoustics, Inc, for $27,215 for energy conservation projects on the Third
and Sixth Floors of City Hall; and authorization transferring $57,700 within the
Facilities Management Budget to complete energy saving projects throughout the City
of San Bernardino,
BACKGROUND
The Facilities Management Department maintains 142 buildings within the City Of
San Bernardino. With utility costs for these buildings expected to increase next year
by an estimated 46%, or $644,200, Staff has been exploring energy conservation
projects for next year, There are several measures that have been taken over the past
five years to reduce the city's utility costs, and all have been very successful. These
projects include new HV AC units at City Hall, Carousel Mall, Feldheym Library, and
ten other facilities. Lighting retrofits have been completed in City Hall, Carousel Mall,
Feldheym Library, the Five Level Parking Structure and 19 other sites. To date, the
City has lowered its electrical charges by over $750,000 per year, There is still more
that can be done,
Facilities Management is requesting funds to hire temporary electricians and electrical
contractors to do lighting reduction projects, This would include delamping and the
installation of motion sensor lighting controls at Police Department, Parks and
Recreation sites and City Yard sites, Southern California Edison is currently offering a
rebate of $20 for each motion sensor installed before June 30, 2001. Rebates are not
factored into the financial impact, because San Bernardino is one of many agencies
competing for the rebates, However, this revenue would further reduce the payback
period, Funding in the amount of $20,000 is requested to hire electrical contractors to
delamp fixtures and install motion sensors, Savings from delamping and installing
motion sensors at twenty sites is estimated to be $8,600 per year, based upon current
electric rates,
This would be a payback of 2,33 years, Since the General Fund is paying for these
projects up front, the first 2.33 years of savings will be a payback to the General Fund,
After 2.33 years the lower energy costs will be a savings to the General Fund, The
rebate, if approved by SCE, could be up to $1000 and would be used next year, The
payback to the General Fund will be at a faster rate, Staff's recommendation is to
award the purchase order under Municipal Code 3.04,OI0B(3) Adoption of
Purchasing System, purchases approved by the Mayor and Common Council, David
Richards and Lon's Electric were selected since they have satisfactorily completed
previous jobs for the City of San Bernardino. Staff recommends that this contract be
issued to David Richards Electric ($10,000) and Lon's Electric ($10,000), both located
in San Bernardino, Two vendors are recommended to get the projects done in a more
timely manner,
In 1995, the City Of San Bernardino, in cooperation with the California Energy
Commission, performed an energy efficiency study and subsequent lighting retrofit to
the Central Garage, Part of the recommendations called for skylights to supplement
the new lighting with day lighting, Due to a rash of break-ins to buildings at the City
Yards, the skylights were not a part of the 1995 project, Since then, alann systems
have been installed and the break-ins have stopped. The skylights would be used
instead of electric lighting during the daylight hours. A total of 98 skylight panels
would be installed, two per bay in the light vehicle shop and four per bay in the heavy
equipment shop. Staff contacted three erectors of corrugated steel buildings for
quotes to add the skylights, with Shook Building Systems of Mira Loma being the low
bidder at $10,500, The payback on this project would be three years, The quotes were
as follows:
VENDOR
Shook Building Systems
Pre-Fab Erectors, Inc.
Dunagan Construction
LOCATION
Mira Lorna, CA
Anaheim, CA.
Adelanto, CA
BID
$10,500.00
$15,974,00
$17,150.00
Currendy, City Hall corridor lighting has light levels that measure at 110 foot candles,
Staff from Facilities Management has gone through the building and removed lamps
in the corridors, reducing the light levels to fifty foot candles. The recommended light
level for a corridor is 20 - 30 foot candles, Staff is proposing that two projects be
done at this time, First, remove and replace the ceilings and lights in the third and
sixth floor corridors, These two levels have the largest corridorllobby areas, and
could result in significant savings. The savings for this project have been calculated to
be $12,168 per year, giving the project a 2,24 year payback to the General Fund at
current rates, The cost of this project from Inland Acoustics Inc, of San Bernardino is
$27,215. Inland Acoustics, Inc. is a ceiling, HV AC, and electrical contractor who has
done a good job for the City during the past five years, Inland Acoustic, Inc, Is the
only acoustic ceiling contractor located in San Bernardino, according to the 2001 Blue
Book for Building and Construction, Staff's recommendation is to award the contract
at proposed competitive prices for this ceiling work to Inland Acoustics, Inc, under
Municipal Code 3.04.010B (3) Adoption of Purchasing System, purchases approved
by the Mayor and Common Council, Inland Acoustics, Inc, is unionized, pay their
employees at prevailing wages and have competitive prices,
The grand total of these three projects is $57,715,
FINANCIAL IMPACT
Sufficient funding is available in salary savings in the Building Maintenance (001-325-
5011) and Custodial Services (001-324-5011) salary accounts. These salary savings are
a result of unfilled, budgeted positions during the fiscal year, This project was not
factored into the mid-year budget report since it came up after the mid-year budget
was presented, Therefore, the recommended salary savings to be used to fund this
project will reduce the City's reported expenditure savings for Facilities Management
for FYOO-Ol. Facilities Management will make every effort to have additional savings
in other areas, but there is no guarantee,
The budget amendment needed to pay for this project would break down as follows:
From General Fund:
001-324-5011
001-325-5011
Total transfer out
Custodial Salaries
Building Maintenance Salaries
$30,500
27,200
$57,700
To Utility Fund:
631-331-5507
F aci1ities Services
$57,700
RECOMMENDATION
Adopt resolution and motion,
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Resolution No.
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10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF PURCHASE
ORDERS WITH DAVID RICHARDS ELECTRIC AND LON'S ELECTRIC TO
PROVIDE LABOR SERVICES IN THE AMOUNT OF $10,000 EACH;
ISSUANCE OF A PURCHASE ORDER WITH SHOOK BUILDING SYSTEMS
FOR $10,500; ISSUANCE OF A CONTRACT WITH INLAND ACOUSTICS,
INC" FOR ENERGY SAVING PROJECTS ON THE THIRD AND SIXTH
FLOOR OF CITY HALL, 300 NORTH D STREET, IN SAN BERNARDINO;
AND AUTHORIZATION TRANSFERRING $57,700 WITHIN THE
FACIUTIES MANAGEMENT BUDGET TO COMPLETE ENERGY SAVING
PROJECTS THROUGHOUT THE CITY OF SAN BERNARDINO.
SECTION 1. DA vrD RICHARDS ELECTRIC and LON'S ELECTRIC are the
selected source vendors for lighting reduction projects at sites other than City Hall. This
would include delamping and the installation of motion sensor lighting controls at Police
Department, Parks and Recreation sites and City Yard sites. Purchase orders are awarded
accordingly to said vendors in the total amounts of $10,000 each, SHOOK BUILDING
SYSTEMS is the lowest responsible bidder for installing skyligh ts at the Central Garage. A
purchase order is awarded accordingly to said vendor in the amount 0[$10,500. INLAND
third and sixth floors of City Hall, 300 North D Street, San Bernardino. A contract is
awarded accordingly to said vendor in a total amount of $27,215,00. Such awards shall be
effective only upon being fully executed by both parties. The Mayor is hereby authorized
25 and directed to execute said contract on behalf of the City; a copy of the contract is
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attached as Exhibit A and incorporated herein.
SECTION 2, This contract and any amendment or modifications thereto shall
not take effect or become operative until fully signed and executed by the parties and no
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1 party shall be obligated hereunder until the time of such full execution. No oral
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\. 2 agreements, amendments, modifications or waivers are intended or authorized and shall not
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4 be implied from any act or course of conduct of any party.
5 SECTION 3. This resolution is rescinded if the parties to the contract fail to
6 execute it within sixty (60) days of the passage of this resolution.
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RESOLUTION .., AUTHORIZING THE EXECUTION OF PURCHASE
ORDERS WITH DAVID RICHARDS ELECTRIC AND LON'S ELECTRIC TO
PROVIDE LABOR SERVICES IN THE AMOUNT OF $10,000 EACH;
ISSUANCE OF A PURCHASE ORDER WITH SHOOK BUILDING SYSTEMS
FOR $10,000; ISSUANCE OF A CONTRACT WITH INLAND ACOUSTICS,
INC., FOR $27,215 FOR ENERGY SAVING PROJECTS ON THE THIRD AND
SIXTH FLOOR OF CIlY HALL ... AND AUTHORIZATION TRANSFERRING
$57,700 WITHIN THE FACIUTIES MANAGEMENT BUDGET ....
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8 Mayor and
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Common
Council
of the
City
of San
Bernardino
at a
meeting thereof, held on the
day of
. 2001, by the follo\\w.g vote, to wit:
Council Members:
Ayes
Nays
Abstain
Absent
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
fu"lDERSON
MCC~"v~L"'CK
City Clerk
The foregoing resolution is hereby approved this
. 2001.
day of
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26 Approved as to form and
Legal content;
27 James F. Penman, City Attorney
28 BY: L 1: p~
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Judith Valles, Mayor
City of San Bernardino
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EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this 21st day of Mav. 2001 .
by and between the CITY OF SAN BERNARDINO, California, a municipal corporation,
hereinafter referred to as the "City" and INLAND ACCOUSncs, INC. , a
California corporation, hereinafter referred to as "Contractor".
WITNESSETH
WHEREAS, City desires to obtain professional services for demolishing and
retrofitting of the ceilings and lighting fixtures and AlC grills on the 3'd and 6th floor
corridors of City Hall, 300 North D Street, San Bernardino, CA, to be a turnkey
installation.
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 demolition of
the existing ceilings/lights/grills and construction of the modernized ceilingsllightslgrills
(~ 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 the proposal dated March 29, 2001 ,copies of which are attached hereto as
Exhibit" 1 ", hereinafter referred to as "Work" and incorporated as though set forth in full.
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 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 of the
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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 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 1.
(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.
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(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.
(f) 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.
(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.
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(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 of the Work,
remove from and about the facilities, all such waste materials and rubbish, and all
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of Contractor's tools, equipment, machinery and surplus materials, except that, as
provided in Section 9, 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. CHANGESIEXTRA 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.
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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 $27,215.00.
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:
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.
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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 of the
notice to proceed. The Contractor is required to comply with prevailing wage rates in
accordance with California Labor Code Section I 170.
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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 resolution of such dispute shall be initiated by the
city within (10) days of notice of such dispute. Interest of I Y, 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 ifthe amount in
dispute is resolved in favor of the Contractor.
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B. Should litigation be necessary to enforce any term or provision of this
Agreement, or to collect any portion of the amount payable under 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 the 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 and 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.
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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
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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.
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.
K 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 fails to
conform to the description of that Work set forth on Exhibit 1. 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 1 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 I, 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.
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G. The date on which the City accepts Work or a phase of said Work 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 state 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 behalf by
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 a
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Administrative proceeding that could have an adverse effect on the validity of
enforceability of this Agreement or such party's ability to perform its obligations
under this Agreement.
9.
DISCOVERY AND DISPOSAL OF HAZARDOUS SUBSTANCES
(a) If any 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, abates, 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
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Contractor shall, at its expense, maintain commercial general liability coverage
and employer's liability coverage of at least $1,000,000 each occurrence, $2,000,000
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, including but not limited to damages to property or personal injury, suffered by
reason of, or in the course of Contractor's performance under this agreement. The
provisions of this section shall survive the expiration or early termination of this
Agreement.
11. DEFAULT AND TERMINATION
(a) If Contractor or the City:
(1) Fails to make any payment as it becomes due in accordance with
the terms of the Agreement,
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(2) Fails to perform or observe any other covenant, condition, or
obligation to be performed or observed by it hereunder, or
(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 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) If proceedings 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.
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(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 of the 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"
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as used herein means acts of God, acts of govemment, strikes, lockouts, or other
industrial disturbances, acts of public enemy, blockades, warts, insurrections or
riots, epidemics, landslides, fires, storms, floods, earthquakes, explosions, water
damage, lightening, freeze-ups, theft, malicious mischief, electrolytic or chemical
action, unusual delays in transportation, or other similar causes beyond the control
of such party.
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 mail, 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 Inland Acoustics. Inc.. 323 S. Sierra Wav.
P.O. Box 5302. San Bernardino. CA 92412 (Attn: Larrv 1. Hvder)
15. MISCELLANEOUS
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(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, 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 right
hereunder.
(e) Interoretation. The headings and the table of contents are for reference
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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) Severabilitv. 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 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) Indeoendent 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.
,..
,"'0
(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 ofrace, 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 ofrace, color, age, handicap, religion, sex, marital status or
national origin in compliance with State and Federal laws.
'",=<
Page 9 of 10
"
\.
I""
,-,
CITY OF SAN BERNARDINO
INLAND ACOUSTICS, INC.
By:
By:
Its:
Mayor
Its: Owner
Date:
Date:
Address for notices:
Address for notices:
City of San Bernardino
300 North D Street
San Bernardino. CA 92418
INLAND ACOUSTICS. INC.
323 S. SIERRA WAY. P.O. BOX 5302
San Bernardino. CA 92412
Attention:
Jim Sharer
Attention:
LARRY HYDER
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
1.
~
Page 10 of 10
EXHIBIT "I"
INLAND ACOUSTICS, INC.
323 S. Sierra Way, P.O. Box 5302, San Bernardino, CA 92412
(909) 884-6276 Fax(909) 889.6936 .LICl#405281
-
'-'
Quotation
DATE: 3-29-01
"
TO: City of San Bernardfino
Facilities Management Dept.
PROJECT: 3rd & 6th Floor Corridors
City Hall '
Sen Bernardino, Ca.
ATTN JIM SHARER
ACOUSTICAL CEILING REMODEL
,.
\""
We propose to demo and remove from the primises the existing acoustical ceilings. surface mounted
light fixtures and AC grills. Then replace the ceilings with a new suspended acoustical ceiling using
Armstrong 2 x 2 Tegular edge Cortega ceiling tile. On the 3rd floor we are to also demo the existing
soffit over the counter and remove from site. We are 10 instaUnew 2 x 4 recessed light fixtures with
electronic ballast and 2 tubes. The 3rd floor to recieve 19 fixtures and the 6th floor to recleve 34
fixtures. We are also to Install new AC grills ( 6 on the 3rd floor & 5 on the 6th floor)
Furnished, Installed and Tax Included $ 27,215.00
Alternate Pricing: In lieu of the grid and tile specified above use Chicago Melalic 9116" Tempra grid and
2 x 2 Eurostone tile chosen from the Naturaled Textured Patterns
ADO $ 3,595.00
.'-...
CITY CLERK'S OFFICE
RACHEL G. CLARK, CM.C. - CITY CLERK
'"
P.O. Box 1318. San Bernardino. CA 92402
300 North "D" Street. San Bernardino. CA92418-0001
909.384.5002. Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.ci.san-bernardino.ca.us
May 29, 2001
Larry Hyder
Inland Acoustics, Inc.
323 S. Sierra Way
P.O. Box 5302
San Bernardino, CA 92412
Dear Mr. Hyder,
At the Mayor and Common Council meeting of May 21, 2001, the City of San Bernardino
adopted Resolution 2001-117 - Resolution authorizing the issuance of a contract with Inland
Acoustics, Inc., for energy saving projects on the third and sixth floors of City Hall.
Enclosed is one (1) original agreement. Please sign 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 retain a copy of the agreementfor your files.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by July 20, 2001.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
'//(At"!JQll.c ,~_~
Michelle Taylo~ .'
Senior Secretary
Enclosure
cc: James Sharer, Facilities Management
CITY OF SAN BERNARDINO
AooPfED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 2,2001
TO:
James Sharer, Director
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-117 - Agreement with Inland Acoustics, Inc,
cc:
Finance
Attached is a copy of the executed agreement for energy saving projects on the third and sixth
floors of City Hall between the City of San Bernardino and Inland Acoustics, Inc. 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):
6-'Z..I-O\
Item #
1'1-
Resolution #
Vote:
Ayes 1-,
Nays
..G
Abstain
-n'
'Lc.o\ - \ "
Absent .e-
Change to motion to amend original documents:
-
Reso. # On Attachments: ~ Contract tenn: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoid After: ft,o OAfS, / 'I-GO "0 ,
,
By:
Date Sent to Mayor: 5- 23-0)
Date of Mayor's Signature: S-';;>$'C,
Date ofClerklCDC Signature: 6',;JG-O\
Reso. Log Updated:
Seal 1 mpressed:
./
,/
Date Memo/Letter Sent for Signature: -5-,;r:f-o \
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:.......... Date Returned: ')-,;).-0\
See Attached:
See Attached:
Request for Council Action & Staff Report Attached: Yes ./ No By
-
Updated Prior Resolutions (Other Than Below): Yes No / By
Updated CITY Personnel Folders (6413, 6429, 6433, \0584, 10585, 12634): Yes No -L By
Updated CDC Personnel Folders (5557): Yes NO-+ By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By
Copies Distributed to:
City Attorney /
Parks & Rec.
Police
Public Services
Water
Others:
Finance /'"
f1\~1 U'17C5.
MIS
Code Compliance
Dev. Services
EDA
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: 0'\'\
Date: '\ -z.-I;) I
Revised 01/12/0 I