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HomeMy WebLinkAbout2010-346 1 RESOLUTION NO. 2010-346 2 RESOLUTION OFTHE MAYOR AND COMMON COUNCIL OFTHE CITY OF SAN BERNARDINOAUTHORIZING THE EXECUTION OF A VENDOR SERVICE 3 AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $172,300 BETWEEN THE CITY OF SAN BERNARDINO AND RIVERSIDE 4 CONSTRUCTION COMPANY, INC. FOR REPLACEMENT OF IRRIGATION BOOSTER PUMPS AND CONTROL SYSTEMS AT SECCOMBE LAKE PARK PER CAPITAL 5 IMPROVEMENT PROGRAM PROJECT PR04-16. 6 7 WHEREAS, the Mayor and Common Council approved resolution 2010-305 accepting 8 a grant award letters from the State of California, Department of Parks and Recreation, Office of 9 Grants and Local Services in the amount of $674,614 for capital improvement projects from the 10 State of California for the 2002 Resources Bond Act (Proposition 40), and; 11 WHEREAS, Riverside Construction Company, Inc. is the lowest and best bidder for 12 irrigation improvements at Seccombe Lake Park per San Bernardino Municipal Code Section 13 3.04.070 (f) and RFQ F-II-08; and 14 WHEREAS, the term ofthe Agreement shall be from October 19,2010 through June 30, 15 2011. 16 BE IT RESOLVED BY THE MA YORAND COMMON COUNCIL OF THE CITY 17 OF SAN BERNARDINO AS FOLLOWS: 18 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to 19 execute on behalf of said City an Agreement between the City of San Bernardino and Riverside 20 Construction Company, Inc., a copy of which is attached hereto, marked as Exhibit "A", and 21 incorporated herein by this reference as fully as though set forth at length. 22 SECTION 2. That pursuant to this determination the Director of Finance or her designee 23 is hereby authorized to issue a purchase order to Riverside Construction Company, Inc. in the 24 amount of $172,300 for FY 10-11. 25 SECTION 3. The authorization to execute the above referenced Purchase Order and 26 Agreement is rescinded ifit is not executed by both parties within sixty (60) days of the passage of 27 this resolution. 28 III 2010-346 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICE 2 AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $172,300 BETWEEN THE CITY OF SAN BERNARDINO AND RIVERSIDE CONSTRUCTION 3 COMPANY, INC. FOR REPLACEMENT OF IRRIGATION BOOSTER PUMPS AND CONTROL SYSTEMS AT SECCOMBE LAKE PARK PER CAPITAL IMPROVEMENT 4 PROGRAM PROJECT PR04-16. 5 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint Common Council ofthe City of San Bernardino at a regularmeeting thereof, held on the ~ day 8 of October , 2010, by the following vote, to wit: (]~ b.~ ~el Clark, CIty Clerk -rJ:!... The foregoing Resolution is hereby approved thi~ day of October ,2010. JAMES F. PENMAN, City Attorney 2 B~~~'-ll _ ~ 9 COUNCIL MEMBERS: 10 MARQUEZ 11 DESJARDINS 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 20 21 22 23 24 Approved as to form: 25 26 27 28 AYES NAYS ABSTAIN ABSENT x x x x x x x ayor 2010-346 VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RIVERSIDE CONSTRUCTION COMPANY, INC. This Vendor Service Agreement is entered into this 19th day of October 2010, by and between Riverside Construction Company, Inc. ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for irrigation repairs and upgrades at Seccombe Lake Park; and WHEREAS, the City of San Bernardino did solicit and accept bids from available vendors for irrigation upgrade services per RFQ F-II-08; and, WHEREAS, Vendor is the lowest and best bidder to provide said services to City; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the serVIces of VENDOR to provide those products and services as set forth in Bid Specifications No. RFQ F- 11-08, for booster pump and control system upgrade services, dated August 30, 2010, attached hereto as Exhibit "B" and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR, pursuant to the bid summary sheet for vendor attached hereto as Attachment "1" and made a part hereof, an amount not to exceed amount of $172,300, for booster pump and control system upgrade services. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 1 EXHIBIT "A" 2010-346 3. TERM; TERMINATION. The term of this agreement shall be from October 19,2010 through June 30, 2011.This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before the date of expiration of the current term of the agreement. 1. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 2. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's 2 2010-346 compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 3. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law. 4. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 5. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 3 2010-346 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Parks Recreation and Community Services Director 1350 South "E" Street San Bernardino, CA 92408 Telephone: (909) 384-5233 TO THE VENDOR: Riverside Construction Company, Inc. 4225 Gamer Road Riverside, CA 92501 Telephone: (682) 8308 Contact: George J. Olivio 10. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of 4 2010-346 VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of Cali fomi a or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provIsIOns. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any 5 2010-346 VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RIVERSIDE CONSTRUCTION COMPANY, INC. other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated rJrrl/ I sf' , 2010 Riverside Construction Company, Inc. By:Qi.~dnl~ Its: 'Pc e-s u\e(\.-t Dated ~ c26 ,2010 Approved as to Form: James F. Penman, City Attorney ~~2(~ 6 2010-346 Exhibit B Attachment 1 en c rn > Q) () ~ ,g I- "C ill CI) "C ill ... I 0 u en CI) >- 0::: 0::: <( ~ ~ :::::> en 0 m 0) ....... 0 0 c <( ....... LO ('f) 0 ('f) 0) 0 0 () M ~ Q) .q- LO N N N .q- :J "'0 ....... ..... .... .~ z ~ - 3: en c Q) e 0 > () c:: .... 0 E.9- E ~ "'0 en - c J! E Q) c 0 .... 0 J- ~ c c. oes ,g CI) 0 E ~ - "C C'\S 0 0 Q) E CI) .J~e () c u Q) Z c C) ..c - CI) c. CI) rn en .... ::::I ,ge.... c () ~ 0 0 :;::; en e ::::I t/) en >- c 8 0. ~ 'x 0 c. c .... E ",. C'\S W - u ... C :J .... CI) s - en 0 c. 0 "C 0 'L: C () "'0 C en t/) ..c 0 .... .... c C'\S en 0 rn Q) :;::; Q) Q) ~ "C > - ~ 0 0 ~ - en 0 en CI) 0::: m E ~ CO rn 0 c <( - E 0 CI) Q) en ..c 0. 0::: c c. 0 2010-346 Exhibit B ()~~ RFQ F-II-OB Booster Pump and Control System "l. . . . PRICE FORM REQUEST FOR QUOTES: RFQ F-11-08 DESCRIPTION OF RFQ: PRINT NAME OF AUTHORIZED REPRESENTATIVE Booster Pump and Control System George J. Olivo Provide pricing that is a Firm Fixed Fee # DESCRIPTION FEE a 1 Materials I~y.olq.~ 2 Removal of Existin 3 Installation (Master Control Cabinet and Booster Pump S stem 4 TOTAL .11~ 3co~ Are there any other additional or incidental costs, which will be required by your I order to meet the requirements of the Technical Specifications? Yes N . (circle one). If you answered "Yes", please provide detail of said liona' costs: 29 Exhibit B RFQ F-I 1-08 Booster Pump and Control System 2010-346 PRICE FORM (continued) Please indicate any elements of the Technical Specifications that cannot be met by your firm. NONE Clarification: The Hunter Irrigation controller, it's softw~re, central control hardware, communication cable, front end devices and mast anttena/cable shall be installed in lake office. This equipment will be furnished and installed by Marina Landscape. Subcontractor to provide software support, training and one year warranty. No field lahor provic'lp for l'lif"p valvp or 7.nnp mnc'lificat-ions. ve you included in your bid all informational items and forms as requested? Ye / No (circle one). If you answered "No", please explain: N/A 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 % N/ A 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: 1 Addenda No: Addenda No: Received on: 9/28/10 Received on: Received on: ~~cab /George J. Olivo AUTHORIZED SIGNATURE: 30 Exhibit B RFQF-II-08 Booster Pump and Control System 2010-346 PRINT SIGNER'S NAME AND TITLE: PRICE FORM (continued) GOQ'll" J. Olivo /d-r. R ~ Secretary I DATE SIGNED: October 1st, 2010 Riverside Construction Company, Inc. 4??~ Garner Road. Riverside Ca 92501 COMPANY NAME & ADDRESS: PHONE: 951-682-8308 FAX: 951-682-5872 EMAIL: icarter@rivconstruct.com "IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: 31 Exhibit B 2010-346 RFQ F-] 1-08 Booster Pump and Control System 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-11-08. Business Name Riverside Construction Company, Inc. Business Address 4225 Garner Road, Riverside Ca 92501 Signature of Bidder X A~ 9-..,... \~ "George J. 61ivo 4225 Garner Road. Riverside Ca 92501 Place of Residence Subscribed and sworn before me this 1st day of October ,20.!Q.. Notary Public in and for the County of Riverside California. , State of My commission expires February 12 ,20--!L. 32 Exhibit B 2010-346 CALIFORNIA JURAT WITH AFFIANT STATEMENT o See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this / kt day of &~ ,fr;/3I:dL Date Month (1) k~&~meq(:erl) proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) ~ proved to me on th s 0 satisf to ev "" to be the perso 0 appear be.) State of California County of 1j}t11-~/ /JG . . PHYlLIS l. ESPOSITO Commission II 1877046 Notary Public - California San Bernardino County Comm. Ex Ir_flb 12.2014 (2) Place Notary Seal Above OPT/DNA Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. \: Further Description of Any Title or Type of Document: Document Date: , 20 /0 . by Year RIGHT THUMBPRINT OF SIGNER #2 Top of thumb here @2007 National Notary Association' 9350 De Soto Ave., P.O. Box 2402' Chatsworth, CA 91313-2402' www.NationaINotary.org Item #5910 Reorder: Call Toll-Free 1-800-876-6827 l@gJ ~ 2010-346 Exhibit B Fidelity and Deposit Company bfMaryland Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY TIIESE PRESENTS: 'That we, Riverside Construction Company, Inc. 4225 Garner Road, R~ver~ide, CA 92501 , as Principal, (hereinafter called the "Principal"), and Fidelity and Deposit Company of Maryland , P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto C i tv 0 f San B ern a r din 0 300 N "D" Street, San Bernardino, CA 92418 as Obligee, (hereinafter called the "Obligee"), in the sum of ten percent of the total bid amount Dollars ($ 10% ), for the payment of which sum well and buly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Pro j e c t No. F - 11 - 0 8 Secco~be Lake Park Booster Pump and Control System NOW, 11IEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed thjs 30th A.D.,~9 l).v ~\. ~)I,.J(.. (~EAL) . COfl:o&~,,~ Witness -1~' { 5f.l~ ltle FIDELITY AND DEPOSIT COMPANY OF MARYLAND By Cristin Nolette (SEAL) , Attorney-in-Fact Witness Printed in cooperation with the American Institute of Architccts (AlA) by Fidelity and Deposit Company of MlIIyland . Fid~lity and Deposit Company of Maryland vouches that the language in the document conforms exactly 10 the language used in AlA Dor.u:~.1ent A-J 10, February 1970 Edition. BID70000ZZ0701 f Exhibit B 2010-346 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND f40f<I1~ tt iftJ' ! By: Gregory E, Murray Assistant Secretary William J. Mills Vice President St~te ofM~land }ss: City of Baltunore On this 24th day of June, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affIXed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,\\\\:1'~:"11'~ ~'. t'....:...:.:<t; ?", t >:/i.WI ..~~~ : I ( ~/'\~:: ::t:{... (,; r ~~\..,~ . . .'. ~t:... lItlC. /1>,$' "'~+("'''~~'~ ""ir~::\I\\\\' ~D~ Maria D. Adamski Notary Public My Commission Expires: July 8, 20 II POA-F 012-00930 Exhibit B 2010-346 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 3 0 t h day of September 2010 M~.~ Assistant Secretary Exhibit B 2010-346 State of County of California Orange On September 30, 2010 before me, Suzan M. Martinez, Notary Public NAME personally appeared _ Cristin Nolette NAME OF SIGNER 1~-----~:=~=~1 i~Nokuy-.- I . Orange County ~ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document an) could prevent fraudulent reattachment of this form. ,,/ TITLE(S) DESCRIPTION OF ATTACHED DOCUMENT // /' J:rfLE OR TYPE OF DOCUMENT /' / ------------------------------- CAPACITY CLAIMED BY SIGNER D D INDIVIDUAL CORPORATE OFFICER D PARTNER(S) D D LIMITED GENERAL NUMBER OF PAGES D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSE D OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER OTHER THAN NAMED ABOVE Exhibit B 2010-346 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . State of California } County of I?, /Je;u I DG' On /0/1 liD I f Date before me, ? 4j)J L ~ H~e:~:"(::d TlIJe of the Officer ~~~e _7- oliVo . Name(s) of Signer(s) personally appeared ~i- - - - -'-;;' ..,;.. '~';.;:' - - -1 Ig . PHYlJ.IS l. ESPOSITO Cammlslion # 1877046 NotIfy Public. California ! San Bernardino County .. CoaIIt. fib 12. 2014 who proved to me on the basis of satisfactory evidence to be the personM whose nam~ is/~ subscribed to the within instrument and acknowledged to me that he/~~ executed the same in hi~Nr authorized capacity~ and that by hi~/tR€II- signatur~ on the instrument the perso~ or the entity upon behalf of which the person;sracted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may proVo valuable to persons relying on the document and could prevent fraudulent removal and reattachm nt of this form to another document. Description of Attached Document Title or Type of Document: Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: @2 National Notary Association. 9350 De Soto Ave.. PO. Box 2402 . Chatsworth. CA 91313-2402. www.NationaINolary.org Ilem #5907 Reorder: Call Toll-Free 1.800-876.6827 Exhibit B 'I L' . ., 2010-346 RFQ F-I1-08 Booster Pump and Control System City of San Bernardino TECHNICAL SPECIFICATIONS RPQ F-11-08 SUPPLY AND INSTALL NEW CONTROL SYSTEM AND BOOSTER PUMP SYSTEM FOR THE SECCOMBE LAKE FACILITY NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID DESCRIPTION ACCEPTABLE/AS SPECIFIED 1. SCOPE Marked "Acceptible" with the understanding that the TP-1pump shall remain existing with new electrical control. It is the intent of these Technical Specifications that the supply and installation of the new master control cabinet and booster pump system shall be adequate to maintain Seccombe Lake in a healthy, attractive condition, in a fully operational manner. All services shall be provided in a good workman like manner, consistent with the standards of the industry as determined by the Director of Parks, Recreation and Community Services or his designee. ' The work to be performed consists, in general, of the following: A. Complete installation of new control and booster pump system to include debris removal; existing 10 , Exhibit B .1 2010-346 ... . ( .. component removal; and all other maintenance required to maintain the contract area in a safe, attractive and useable condition. 2. TERM OF CONTRACT: The supply and installation contract is estimated for the period of November 1,2010 through January 1, 2011. Any additional services contingent upon agreement by the contractor, and the Director of Parks, Recreation and Community Services. 3. TIME OF COMPLETION: The contractor shall diligently prosecute the work for the term of the contract, except as otherwise specifically provided. Time is of the essence of each provision of this agreement, which specifies a time within which performance is to occur. In the absence of any specified time for performance, performance shall be made within a reasonable time. 4. SOUND CONTROL EQUIPMENT The contractor shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code regulating and prohibiting loud, unnecessary and excessive noises. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without a muffler. Noise level requirements shall apply to all equipment on the job or related to the job, including, but not limited to trucks, jack hammers, and blowers. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of 11 RFQ F-II-08 Booster Pump and Control System New equipment deliveries could affect 90 day work contract. An additional 60 days of work will be requested after delivery of equipment to site. The new pumps are approx. 9 week fabrication and 1 week shipping, shall require a time extention. Acceptible; as marked . II Exhibit B RFQ F-Il-08 Booster Pump and Control System " . . ., . 2010-346 personnel. 5. PAYMENT OF WAGE RATE: The contractor will be required to adhere to the Acceptible; as marked State of California Department of Industrial Relations for payment of per diem wages for each workmen needed in execution of this contract. The minimum wage shall be that which is determined by the State Department of Industrial Relations. The City shall have the right to interview any workman on, the project site in order to verify payment of wages. Contractor shall provide documentation of correct wage payment. See Exhibit B. Contractor will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for Worker's Compensation or undertake self-insurance before commencing any of the work. 6. PAYMENTS: Contractor shall submit all invoices to the Parks, Acceptible; as marked Recreation and Community Services Department. Payment will be made to the contractor in arrears on a net 3D-day basis. The first payment may be pro-rated in accordance with the actual portion of work completed. Invoices shall be hand delivered to the Park Projects Supervisor at the last weekly evaluation meeting of the month. Contractor shall submit all approved invoices for the current month to be paid. Any invoices submitted after the current billing cycle (late payment) will not be honored or paid by the City. Any required maintenance, which is not performed at its required interval, shall result in a reduction in that month's compensation. 7. PROJECT APPEARANCE: Acceptible; as marked 12 Exhibit B .', . 2010-346 . I.. t! iA.'.. Contractor shall maintain a neat appearance to the work. All employees shall be properly uniformed to identify landscape company. This uniform shall be approved by the City. In any area visible to the public, the following shall apply: Debris developed during regular maintenance operations shall be disposed of to an approved disposal site. If stockpiling is necessary, the material shall be removed or disposed of daily. Full compensation for conforming to these requirements shall be considered as included in the prices paid for the various contract items and no additional compensation shall be allowed. It shall be the contractor's responsibility to inspect, identify and correct any condition(s) that render any area unsafe or hazardous, as well as any unsafe practices occurring thereon. The Director shall be notified immediately of any unsafe condition that requires correction. 8. CONTRACTOR NON-COMPLIANCE: The Director of Parks, Recreation and Community Services shall have complete control of the supervision and performance elements of the supply and installation contract. The Park Projects Supervisor or designee shall be responsible for inspecting contractor's performance. The contractor shall be notified of any non- conformance contract item and shall have 24-hours to respond to bring any discrepancy up to contract standards. If after 24 hours the problem has not been rectified, the Director or designee may exercise the following measures (Not withstanding the immediate first two sentences of this paragraph, I3 Acceptible; as marked Acceptible; as marked RFQ F-II-08 Booster Pump and Control System .> Exhibit B 2010-346 RFQ F-II-08 Booster Pump and Control System ... J:I .. 4; " if the non-conformance contract item involves a weekly task, notification to contractor may be dispensed with by the Park Projects Supervisor or designee and the following measures may immediately be pursued): 1. Deduct from the contractor's payment the amount necessary to correct the deficiency. Acceptible; as marked 2. Withhold the entire or partial payment. .# 3. Utilize City forces, or an alternate source, to correct the deficiency and deduct from the contractor's payment the total cost, including City overhead. 4. Deduct liquidated damages. A. Since it is extremely difficult to set a price on the extent of actual damages which result from failure to correct a deficiency within a stated time frame; a reasonable estimate of such damages shall be set at $100 per day, or portion thereof, for each deficiency which exceeds the stated time frame. B. This amount shall be deducted from the contractor's payment. The action above shall not be construed as a penalty, but as an adjustment of payment to the contractor to recover City of San Bernardino costs due to failure of contractor to complete or comply with the provisions of this agreement. The Director shall decide all questions which arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. 14 Exhibit B .' 2010-346 RFQ F-ll-08 Booster Pump and Control System ~, I'l . , , .. Contractor to be notified via certified mail. This money is non-refundable and the contractor cannot bill for this work. Acceptible; as marked The City may withhold payment to such extent as may be necessary to protect the City from loss due to: . Work required in the specifications, which is defective, incomplete or not performed. . Claims filed or reasonable evidence indicating probable filing of claims. . Failure of the contractor to make payments properly to sub-contractors or for materials or labor. If non-contract compliance persists and monies are withheld on four (4) separate occasions, the Park Projects. Supervisor or designee shall notify the Director who shall have the option of withholding additional monies, or terminating the contract. If determined by the Director of Parks, Recreation and Community Services that the previous contractor performed below standard work, the contractor is prohibited from bidding the contract for two (2) fiscal years. Contractor to be notified by Certified Mail. 9. WORK SCHEDULE REPORTS & STAFFING LEVEL: The contractor shall have one (1) English speaking responsible supervisor on the job all day, each workday. The supervisor shall be equipped with a pager or radio so that the City's representative will be able to contact them during normal working hours. In addition, contractor to provide the City a "toll-free" telephone number for day-to-day contact to contractor's main office. Should a contractor be Acceptible; as marked 15 .' . . Exhibit B RFQ F-1I-08 Booster Pump and Control System 2010-346 'j . " . . ,. awarded more than one contract from the City, this supervisor may not work on any other contract or site other than those listed in this contract. Each contract is to have its own supervisor. Prior to the issuance of the "Notice to Proceed", the successful bidder shall provide in writing the staffing level that is to be utilized in the maintenance of the project area. This shall be submitted to the Park Projects Supervisor within seven (7) working days after receipt in order to demonstrate how the bidder proposed to provide an adequate level of maintenance service to comply with contract requirements. The contractor, as part of this contract, will submit reports and schedules on a monthly basis. Failure to submit reports and schedules in a timely manner will result in a delay of monthly payment. Such reports must be typed, detailed and thorough and may include, but not be limited to, the following: . Suggestions for improving problem areas and hazardous conditions. All forms and schedules shall be of a format approved by the City as submitted by the contractor. This information shall include the number of personnel used, total number of man-hours per week, and equipment to be used. Acceptible; as marked 10. HOURS OF LABOR: The contractor shall conduct his operations during the hours of 6:00 a.m. to 5:00 p.m., and only Monday through Friday, unless otherwise specified by the Director of Parks, Recreation and Community Services. The contractor may work Saturdays with prior Department approval. Acceptible; as marked 16 Exhibit B RFQ F-II-OB Booster Pump and Control System ., . . 2010-346 't . . I .. 11. VANDALlSMITHEFT AND ANTIQUATED IRRIGATION EQUIPMENT: Contractor shall be responsible for performing maintenance; repairs and replacement to existing pump areas which are maintained under this contract and damaged or altered in any way as a result of theft, vandalism or antiquated equipment that do not result from the performance of the contractor. A. Compensation will be provided only for the cost of parts which are directly related to the theft and/or antiquated equipment; labor shall be provided by the contractor at no additional cost to the City. B. The following conditions shall be met prior to the contractor being reimbursed for the replacement materials: . Submit a written proposal for the replacement material(s) costs. . Receive written authorization for the purchase of the replacement material by the Park Projects Supervisor or designee. Acceptible; as marked . Submit a photocopy of the original invoice(s) for the replacement materials. 12. WEEKLY EVALUATIONS: The City will submit a weekly inspection report to . Acceptible; as marked the contractor relative to the project area. Contractor or designee shall also meet once each week in the Park Office with the Park Projects Supervisor or designee to discuss and sign report. 17 Exhibit B ~ 2010-346 II; C, " 13. SUPPLIES: RFQ F-II-OS Booster Pump and Control System All supplies required to accomplish the items of work specified herein and to maintain the master control cabinet and booster pump areas in a healthy and attractive condition. Acceptible; as marked 14. LICENSING AND CERTIFICATION: The Contractor shall possess and provide a copy of their Class C-27 license at the time the contract is awarded and shall be required to maintain said license in good standing throughout the period of contract performance. Contractor shall maintain in good standing all other licenses and certifications necessary to complete the entire contract period. 18 Per addenda, Riverside Construction Company, Inc. Shall maintain an A,B and C-20 license clasaifications that are acceptible to the owner and state. f - .. Exhibit B I?P IOltL~ 2010-346 8M September 28,2010 ADDENDUM #1 TO Request for Quotation (RFQ) F-11-Ga Booster Pump & Control System Notice is hereby given that the following changes, additions, deletions, or clarifications are incorporated as an Addendum to the Request for Quotation (RFQ) F-11-08 QUESTIONS: 1. Chris Evans stated at the job walk that they were waving the C-27 license requirement and supplemental acceptance was an A or 8, is that correct? ANSWER: "B" license is acceptable 2. Is there a possibility of having the RFQ revised to include A licensed contractors as well? ANSWER: Yes, an A license is also acceptable 3. The GC8L cable is to be provided. Since this is radio, what is the cable for and where is the cable intended to go and how much is to be provided or run to where from this location? ANSWER: In park office located on site. See revised'spec for Length . 4. There is no mention or supporting paperwork for a bid bond. Is this a requirement to bid or required after the award? ANSWER: Yes, Bid Bond required 5. Do you have an engineering estimate? ANSWER: 300,000 6. Are there any plans for this job? ANSWER: No 7. How many surface acres is the lake? ANSWER: seven (7) acres 8. Who currently maintains the lake and park grounds? ANSWER: One (1) City employee, and a Contractor 9. How many diffusers are there and how many will be replaced? ANSWER: seven (7) ,. 2010-346 Exhibit B 10. Do you want a separate quote for discussers? ANSWER: Yes 11. Is everything going inside of the pump house? ANSWER: Yes 12. What is the depth of the lake? ANSWER: 15' at the deepest point 13. What type of chemicals are used in the lake and how often? ANSWER: Copper Sulfate, 14. If the irrigation tie in is on 7th Street, where is the backflow device? ANSWER: On 7th Street. 15. Is there any other source of water for the lake and how is it diverted? ANSWER: Yes, a well system under control by the Water Dept 16. How many quick couplers are on the ball field and where are they located? ANSWER: a total of four (4), two (2) on each field behind home plate and pitchers mound 17. What does "separation of ball field irrigation system" mean? ANSWER: Please see new scope 18. Page 20; New Master Control Cabinet with NEMA 3R Rating _ Watertronics Cabinet would be NEMA4 OK? ANSWER: Yes 19. Page 20; Supply a 200amp service disconnect..... _ one 60 HP drive for both pumps? ANSWER: Yes 20. Page 20; What turns on the blower for the Tuthill 3003-21 R2 Vacuum & Slower systems? ANSWER: The new Master Control Cabinet (MCC) 21. Page 20; What turns on the pump for the 3rd 10hp 3 phase 460V pumping system? ANSWER: The new MCC 22. Page 20; Can the transformer and the 60A lighting panel for the irrigation time clock controls be inside our cabinet? ANSWER: No 23. Supply two (2) transducers for each Variable Speed Pump Controller, one for pressure to operate and control the speed of the pump, and the second as a wet well safety switch that will shut down the pumping system in the event the water supply can not meet the pump system demand - This seems to infer that there are more than one pump controller. Please clarify: are there 2 transducers for each variable speed controller? ANSWER: Yes, two (2) transducers for each controller 2 . ,~J Exhibit B 2010-346 24. Page 21; "Supply two (2) discharge assembly units with packing construction." Do you want 2 discharge heads? ANSWER: Yes two (2) heads as well 25. What is the discharge pressure for the 275 HP pump and what model is it? ANSWER: This should be a 30 Hp pump with an output of 275 GPM 26. Page 22; Modify the New MCC to Operate the new 60 HP motor through the Variable Speed Pump Controller and disabling the deluxe duplex configuration. This is opposite of what the MCC specs say on page 20, which calls for the duplex configuration. ANSWER: This was a typo please follow MCC specs 27. Who will supply the equipment under Booster Pump System on pages 22 & 23 If it is Watertronics we will need a drawing showing the configuration. ANSWER: There is no specified supplier and can be any supplier as long as it matches the spec below. Each item does say a MFG or approved equal so this allows for the contractors to use the supplier of his choice. 28. Who is responsible for supplying the Irrigation Controller System? ANSWER: Awarded Contractor CLARIFICATIONS: REVISED (09/15/10) -Irrigation Controller System · Hunter IMMS3-CD Central Control Software · Hunter IMMS-CCC Central Control Hardwire · Hunter GCBL Cable Communication Cable 100 ft · Hunter ACC-1200 12 Base Station Irrigation Controller 42 Station Capacity (5) · Hunter ACC-COM-HWR Communication Module (5) · Hunter ACC-HWIM Hardwire Interface Module · Hunter RAD3 UHF Radio 450-470mHZ (5) · Hunter RA5M Omnidirectional Mast Antenna · Hunter RG850NFNF 50' UHF Antenna Cable · Hunter 516090 Cable Connectors · Hunter Rain-CLlK Quick Response Rain Shut Off (4) 3 Exhibit B 2010-346 JAMES S. CARTER 2493 Marsha Court Riverside, CA 92506 Cell: 951-836-0698 Homo: 951-780-4264 carter92506@yahoo.com ~RESIlMEmSTORY PROFESsIONAL OUALlFICATIONS I OR~TIONS · SMACNA - Orange County Empire Chapter · ASHRAE Engineers National Member · Tri-County Chapter- ASHRAE Member · Post-Secondary Teaching Credential, Electrical Technology · CanierControls Certification, CCN, I-View, VAV-VVT, P-Link · Contractors License: B General · Indentured Apprenticeship School · California State University, San Bernardino (Psychology & Liberal Arts) · San Bernardino Valley CoDege (Business Administration) 2002 - 2009 2000 1998 1992 1991,2009 1990 1977 - 1983 1971 - 1913 1970 PROFESSIONAl. S'l'RRNGTH, · Over 32 ye8rs of SUCCess1bI supervision of heating construction projects for civic, commercial, educational, healthcare, institutional, industrial, military and residential markets. · Generating and developing new projects and maintaining & expanding existing projects. · Project estimating, engineering, purchasing, vendor relations, Calculations and equipment selections · Desigo/BuiJd project development · System engineering and layout · Extensive experience with: o Indoor air qualitylDemand Control Ventilation o Energy Management o CFCa o DDC controls o Pneumatic controls · Broad nianagement experience includes: o Supervision of Shop and Field operations & staff o Coordinating Sub-contractors for various projects o 0veraD HV AC project supervision and problem solving o Experience with seeming linet of credit and bonding issues for projects o Engineering and supervision of nuyor contracts including budgetary 1'e8pOnsibilitiet in excess 01' $10 million. PROFESSIONAL EXPEllmNQ4 Sr. Project Manager for MeeJaaafeaJ ConstraeUon ADfson Meda....eaI, IDe. Redlanell, CA 09/08-11/09 · Performed ettimatin& project management, CPM logistics and Desigo/Build engineering projects. · RME for corporate license as qualifier for classifications: B-1 building, C-38 refrigeration and C-43 sheet metal contrJlcting. V.P. OperaUon. & Enafneerinl ACH Meehan.feal Cootraeton, IDe. Redlanell, CA · Acting Manager for the Controls Department and Services Department · Performed estimating, project management and mechanical engineering. · Provided peer review for hospital and educational facilities operable systems. V.P. Operations & Project Management 08/06-09/08 1 Exhibit 8 2010-346 JAMES S. CARTER 2493 Marsha Court Cell: 951-836-0698 Riverside, CA 92506 Home: 951-780-4264 carter92506@yahoo.com Inland Acoustfes, IDe. (parent Co.) San Bernardfno, CA 08/98-08/06 · Supervised and managed overa1l operation and duties required to monitor specialty bid projects. · Performed Desigo/Build construction serving the commercial and industrial markets. · Consulting mechanical job captain to support the engineering division. · Monitored service and light commercial activities. · Pioneered Inland Acoustics specialties division: Inland Building Companies, 1998-2005 o Performs marketing and administrative duties for Inland Building Companies · Founded Inland Acoustics HV AC contractor division: Industrial Air Innovations, 1998-2006 o Performs estimating and project management for Industrial Air Innovations o Evaluate leasing and financing o Meet and strategize with banking officials V.P. OperatioDl & Project Engfneer TMCI, IDcJKunert Eleetrfe San Bel'lW'dfno, CA 08/90-08/98 · Maintained and supervised installation department &: electrical division · Paformed engineering calculations, including mechanical design ind HV AC engineering · Initiated Title 24 Energy Analysis and pay-back formula scenarios · Monitored and managed 70% of yearly projects · Estimated 50% of all yearly projects · Formulated budget proposals for developed Design/Build projects · Certified Cmier Corp. VVT Controls · Certified AsbestorlInfotox Program Project Manager Refrlgeratfna Equipment Co. (RECO) San Bemardfno, CA 08/84-08/90 · Developed Commercial and industrial client base. · Qualified prospective projects including all aspects of estimating, bidding and equipment procurement. · Assembled and evaluated submittals and catalog date. · Monitored in-progress receivables, invoices and billing. · Designed systems for HV AC and dust collectors. · Assumed overall SUpervision of all major project completions. General Manager, Shop & Field Operation. Bird RefrlpraUon Co, In. San Bernardino, CA 06/68-08/84 · Supervised new and existing HV AC contracts including kitchen hood installations, walk-in boxes, residential, commercial and industrial applications. · Designed systems and calculated energy requirement to meet codes and standards. · Fabrication Shop Supervisor o Estimated project costs and secured contracts. o Purchased all material and equipment. o Supervised staff of20 and coordinated all HV AC shop and field operations. o Maintained shop and design drawings. · Journeyman / Apprentice Sheet Metal Worker o Performed required field work for certification 2 Exhibit B .2010-346 JAMES S. CARTER 2493 Maisha Court Riverside, CA 92506 Cell: 951-836-0698 Home: 951-780-4264 carteI92506@yahoo,com PROFESSIONAL ACCOMPLISBMENTS · Performed General Construction modification, specialties and HV AC for the following construction managers: o Dan Carlone Construction - Lama Linda University Medical Center o Tilden-Coil Constructors - Rialta U.SD. - Site Modernizations o Pro-West- UC Riverside and UC Santa Barbara-Project Procurements o Neff Construction - Various sites o San Gorgonio High School- HV AC Retrofit, V ANIR CM o Universal Studios - Chiller for Simpsons Ride, Central Plant, Hydraulics o Glendale Water & Power, Grayson Power Plant _ HV AC o Salvation Army, 40 Bed Rehab Center San Bernardino - Design Build, Kitchen Applications · Constructed different phases of computer room facilities such as: Environmental Liebert units, UPS Systems, FM-2000 halon & fire suppression, smoke evacuation and electrical & shunt for Hewlett Packard, Wal-Mart Distribution Center and the lNSlGSA Group. · Extensive experience in school site specialties categories specifically elevators, wheel chair lifts, gymnasium equipment/playgrounds, bleachers, generators, pads & tanks, steel building structures, louvers, ADA ramps and truncated domes. · Provided DesignlBuild projects for mechanical services serving sites at military installations including March AFB and Norton AFB. As well as, various projects within the City of San Bernardino. · Managed Kunert Electric (Lama Linda, CA) as acquired by TMCr Inc. Three years assisted in estimating electrical, energy management and site hook-ups for various portable classrooms in San Bernardino and Riverside counties. · General sheet metal & louvers for the Mission Inn and various Air Force bases in Southern California. · Designed and installed dust collection system for Moreno Valley U.S.D. and HV AC tenant improvements for hotels and 4-story buildings for J.D. Diffenbaugh, Maveric Construction and Vern Miller Company. · Built high-end auto canopies, sheet metal ribbed roofs, lunch shelters and structural columns & beams. · Versed in kitchen equipment, hoods, make-up air and refrigeration construction and built on-site walk-in boxes for Norton AFB, Baskin Robbins, Marie Calendars and various commercial kitchens/food establishments. · Installed sheet metal decking, provided HV AC for D.C. Voltage on overhead cranes for Kaiser Engineers and various projects for Senk/ Anderson at Kaiser Fontana Mill. PROFESSIONAL REFERENCES · Bob Leon San Bernardino City U.S.D. _ Facilities · Glen Follett Associate for GMID Architects · Bob Stmsbaugh Carrier Cmp. - Tenitory Manager · David Nack Nack & Associates PERSONAL BUERENCES · Larry McGrath · Steven Paul Murray · Ralph Affaitati · Mike Anton · Dan Carlone · Vincent Miranda UC Riverside - Computing Department Architect, AlA Developer / Contractor Stater Bros. - Architect General Contractor ADE Consulting 909-388-6100 909-335-7400 951-6974340 760-407-2700 951-780-2080 909-884-7660 909-889-0131 909424-5301 909-386-1828 909-884-9484 3 2010-346 GENERAL ENGINEERING CONTRACTORS 111 NO. MAIN STREET - P.O. BOX 1146 RIVERSIDE, CALIFORNIA 92502-1146 CREDIT APPLICATION INFORMATION Firm Name: Riverside Construction Company, Inc. 4225 Garner Road P.O. Box 1146 Riverside, CA 92502-1146 951-682-8308 Fax: 951-682-8350 Federal Tax ID: 95-2662331 Business Type: General Engineering Contractor Incorporated 09/18170, A California Corporation Officers: Donald (Matt) Pim - President George 1. Olivo - Secretary Julie L. Greenhaw - Treasurer Richard Lounsbury - Executive Vice President Gregory G. Camp, Jr. - Vice President Jason A. Moore - Vice President RME: Responsible Managing Employee - James S. Carter References: Johnson Tractor Company P.O. Box 320 Riverside, CA 92502 951-686-4560 Fax: 951-276-2572 Squires Lumber Co., Inc. PO Box 431 Colton, CA 92324 Attn: Stan Paxson 909-825-1882 Fax: 909-825-3063 Hub Construction Specialties PO Box 1269 San Bernardino, CA 92402 909-379-2100 Fax: 909-885-0983 Bank Reference: Community Bank 255 E. Rincon St., Suite 312 Corona, CA 92879 Attn: Linda Lujan Acct. No. 2804000192 951-808-8947 Fax: 951-808-8949 . . 2010-346 . GENERAL ENGINEERING CONTRACTORS 111 NO. MAIN STREET - P.O. BOX 1146 RIVERSIDE, CALIFORNIA 92502-1146 Mechanical Division J. Carter Mechanical Contractor Partial List of Current Proiects on Hand 1. Mabel Paine Elementary School HVAC Modernization and Multi-zone replacement: Placentia-Yorba Linda Unified School District - $610,000.00 2. Group 11 Retro-Fit for (4) Elementary Schools: HVAC & Plumbing Modernization: San Bernardino Unified School District - $511,000.00 3. Loma Linda University Medical Center ETO Sterilizer Retro-Fit T.1. Lorna Linda University Medical Center - $14,000.00 4. ((Smart Building" for LT. Department: Chiller Retro-Fit, Pending Financial, Design Phase Complete, Submittal Phase Complete. Pending Owner's Swing Loan TBA - $1,380,000.00 2010-346 . GENERAL ENGINEERING CONTRACTORS 111 NO. MAIN STREET - P.O. BOX 1146 RIVERSIDE, CALIFORNIA 92502-1146 Mechanical Division J. Carter Mechanical Contractor Partial List of ComDleted Proiects 1. Simpson Elementary School Provide (10) unit emergency (vandalism) change-out for: Rialto Unified School District - $79,686.00 8-29-2010 2. Feldheym Library Weekend retro-fit to 250 ton cooling tower for: City of San Bernardino - $44,637.00 9-3-2010 3. Thompson Elementary School Emergency change out for: San Bernardino City Unified School District - $10,920.00 3-10-2010 951) 682-8308 AN EMPLOYEE OWNED COMPANY CALIF. STATE 951 682-8350 FAX www.rivconstruct.com 2010-346 Exhibit B " State Of California' ~ I' n=... CONTR,ACTORS STATE L1CENS~ BOAill:>." I ;c~"':':"7. ACTIVE LICENSE , ~f' 'OD5Um~r . 1 ... . Affairs' . . ~.l . "'!"'~'''.'... 266~22 " t..., GORP ..'....,~_ RIVERSIDE CONSTRUCTION COMPANYING . , ,,; """'''''--.(') A C20 So, " .,,,,.~o.. '02/~8/~01 t QOIO-346 GENERAL ENGINEERING CONTRACTORS 111 NO. MAIN STREET - P.O. BOX 1146 RIVERSIDE, CALIFORNIA 92502-1146 City of San Bernardino 300 N. "0" Street 4th Floor San Bernardino, Ca 92418 October 5, 2010 Re: Seccombe Lake Park Project # RFQ F-ll-08 Subject: 90 day, Bid Validity Statement To whom it may concern, We at Riverside Construction Company, Inc. state that the enclosed bid is valid for 90 days. If you have any questions please feel free to contact us. Sincerely RIVERSIDE CONSTRUCTION COMPANY. INC. ~~ Jamr.t::::= RME, Mechanical Division (951) 682-8308 AN EMPLOYEE OWNED COMPANY CALIF. STATE (951) 682-8350 (FAX) www.rivconstrllct.com LICENSE NO. 266222 . 2010-346 GENERAL ENGINEERING CONTRACTORS 111 NO. MAIN STREET - P.O. BOX 1146 RIVERSIDE, CALIFORNIA 92502-1146 City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 October 5, 2010 Re: Letter of Introduction To whom it may concern: We would like to take this opportunity to thank you for considering our firm to provide a price quote for your upcoming projects in the Inland Empire Area. Riverside Construction Company is a full service, union, general engineering contractor serving all of Southern California. The firm has been in business for over forty (40) years servicing both the public and private sectors of the construction industry. Projects include earthwork, roads, dams, bridges, storm drains, flood control channels and underground utilities. We currently have surety support from an "A" rated bonding company on selected single projects of value in excess of $100,000,000.00. Excellent customer and vendor references are available upon request. For more information please visit www.rivconstruct.com Sincerely, RI~RSIDE CONSTRUCTION COMPANY. ~)..6ik. James Carter RME, Mechanical Division (951) 682-8308 AN EMPLOYEE OWNED COMPANY CALIF. STATE _ www.rivconstrllct.com · 2010-346 GENERAL ENGINEERING CONTRACTORS 111 NO. MAIN STREET - P.O. BOX 1146 RIVERSIDE, CALIFORNIA 92502-1146 Vendor List *MCC Control Panel & Components Manufacturer: Sauare D Vendor Representative: George T. Hall Company 1605 Gene Autrv Way Anaheim, Ca 92805 Variable Speed Drive: Danfoss Inc. Manufacturer: Danfoss Inc. w/AC unit Representative for Start-Up: George T. Hall Danfoss Inc. Sauare D *Hunter Products Vendor Representative: Marina Landscape 1900 S. Lewis Street Anaheim, Ca 92805 *Vertical Turbine Pumps & Motors Manufacturers: Goulds Pump, 4 week Deliverv Vendor Representative: Tri-Countv Pump Company 241 S. Arrowhead Ave San Bernardino, Ca 92408 (951) 682-8308 AN EMPLOYEE OWNED COMPANY CALIF. STATE 2010-3.'+6 .,. GENERAL ENGINEERING CONTRACTORS 111 NO. MAIN STREET - P.O. BOX 1146 RIVERSIDE, CALIFORNIA 92502-1146 Subcontractor List *Piping Trade & Welding: Benel Mechanical, Inc. 25003 E. 5th Street. San Bernardino. Ca 92410 C-36. Lic# 479123 *Electrical Line and Low Voltage: Inland Pacific Electrical 9155 Archibald Ave, #905 Rancho Cucamonga. Ca 91730 C-10. Lic# 830315 *Irrigation Controls: Marina Landscape 1900 S. Lewis Street. Anaheim Ca 92805 714-939-6600 C-27. Lic # 492862 *Rigging, Pump Alignment & Start-Up: Tri-Countv Pump Company 241 S. Arrowhead Ave San Bernardino. Ca 92408 C-57. 0-21. Lic# 744742 (951) 682-8308 AN EMPLOYEE OWNED COMPANY CALIF. STATE ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 11/02/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Edgewood Partners Ins. Center ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic#OB29370 877- 674-3742 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 19000 MacArthur Blvd. Penthse FI. Irvine, CA 92612 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Zurich American Insurance Co 16535 Riverside Construction Company, Inc. INSURER B: P. O. Box 1146 INSURER C: Riverside, CA 92502 INSURER D: INSURER E: Client#. 6622 RIVECONS COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER PDO..t~~~:~~68~\E Pg~fJI~~~~N LIMITS A ~NERAL LIABILITY GLA926721700 07/01/10 07/01/11 EACH OCCURRENCE $1 000000 1L eJMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100000 - CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $5 000 1L Contractual Liab. PERSONAL & ADV INJURY $1 000000 1L OCP,XCU,BFPO GENERAL AGGREGATE $2 000 000 ~'L AGGREffi LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 000.000 X PRO- n BIJPO Oed 3000 POLICY JECT LOC A ~TOMOBILE LIABILITY GLA926721700 07/01/10 07/01/11 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accident) $1,000,000 ~ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) ~ ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) ~ Comp Oed. $1,000 PROPERTY DAMAGE X Coli Oed. $1,000 (Per accident) $ RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ [JESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WC926724500 07/01/10 07/01/11 X I T~Jl~~s I IOJ~- EMPLOYERS' LIABILITY $1,000.000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below A OTHER PropertyJlM MCP926722100 07/01/10 07/01/11 $500,000 Per Occurrence Leased/Rented $2,500.00 Oed. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Bid Specifications #RFQ F-11-08. The City of San Bernardino is included as an additional insured on the General Liability and Automobile Liability policies per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION The City of San Bernardino Oept. of Facilities Management 300 N. "0" Street, Basement Floor San Bernardino, CA 92418-0001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ~.IUI:tl: MAIL --30.-. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT''')(JtIttf~k JMeOAItJellXlJUllJlJlJlRkJlItXDlUDClQI:*lXXHlltlU)(l(KJ(JaMllat(DUIlllOeilOA(XX JlIllJfDJtaO(Il(DX)( AU1.HORIZED ~EPRESENTATIV ACORD 25 (2001/08) 1 of 2 #S85412/M58977 IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 2 #S85412/M58977 COMMERCIAL GENERAL LIABILITY GLA926721700 CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Location s Of Covered 0 erations Re: Bid Specifications #RFQ F-11-08. Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 @ ISO Properties, Inc., 2004 COMMERCIAL GENERAL LIABILITY GLA926721700 CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Location And Description Of Completed o erations Re: Bid Specifications #RFQ F-11-08. Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. Section 11- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 @ ISO Properties, Inc., 2004 POLICY NUMBER: GLA926721700 COMMERCIAL AUTO CA 20 01 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 07-01-10 Countersigned By: Named Insured: Riverside Construction Company, Inc. (Authorized Reoresentative) SCHEDULE Insurance Company Zurich American Ins. Co. Policy Number GLA926721700 Effective Date 07-01-10 Expiration Date07 -01/11 Named Insured Riverside Construction Company, Inc. Address 111 N. Main St., Riverside, CA 92501 Additional Insured (Lessor) Sunnymead Mutual Water Company, Inc., its Address subsidiaries, officials and employees Designation or Description of "Leased Autos" The City of San Bernardino Re: Bid Specifications #RFQ F-11-08. Coverages Limit Of Insurance Liability $1,000,000 Each "Accident" CSL Personal Injury Protection (or equivalent no-fault coverage) $ Comprehensive ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS; MINUS: $1,000 For Each Covered "Leased Auto" Collision ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS; CA 20 01 10 01 @ ISO Properties, Inc., 2000 Page 1 of 2 MINUS: $1,000 For Each Covered "Leased Auto" ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS; MINUS: $ For Each Covered "Leased Auto" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Specified Causes of Loss A. Coverage 1. Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. For a covered "auto" that is a "leased auto" Who Is An Insured is changed to include as an "insured" the lessor named in the Schedule. 2. The coverages provided under this endorse- ment apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto". 2. The insurance covers the interest of the les- sor unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your pre- miums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. Page 2 of 2 @ ISO Properties, Inc., 2000 CA 20 01 10 01