HomeMy WebLinkAbout2004-3111
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RESOLUTION NO. 2004-311
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO CABRAL
ROOFING & WATERPROOFING CORP. IN THE AMOUNT OF $281,794 FOR
THE REPLACEMENT OF TWO ROOF SECTIONS AT CAROUSEL MALL
PER RFQ F-05-011.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Cabral Roofing & Waterproofing Corp. is the lowest responsive
bidder for the replacement of two roof sections at Carousel Mall per RFQ F-05-011. A
1 contract is awarded accordingly to Cabral Roofing & Waterproofing Corp. in a total
I amount of $281,794 with a total project contingency amount of $18,206. Such award
Ishall be effective only upon said contracts being fully executed by all parties. The
Mayor is hereby authorized and directed to execute said contracts on behalf of the City;
a copy of the contract is attached hereto as Exhibit A, and incorporated herein. The
Purchasing Manager is hereby authorized and directed to issue a purchase order that
references this resolution to said Contractor in the total amount of $281,794.00.
SECTION 2. Any amendment or modification thereto shall not take effect or
become operative until fully signed and executed by the parties and no party shall be
obligated hereunder until the time of such full execution. No oral agreements,
amendments, modifications or waivers are intended or authorized and shall not be
implied from any act or course of conduct of any party. This resolution is rescinded if
the parties to the contract fail to execute it within sixty (60) days of the passage of this
resolution.
2004-311
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO CABRAL
ROOFING & WATERPROOFING CORP. IN THE AMOUNT OF $281,794 FOR
THE REPLACEMENT OF TWO ROOF SECTIONS AT CAROUSEL MALL
PER RFQ F-05-011.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 4th day of October 2004, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ISTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
KELLEY x
JOIINSON x—
McCAMMACK x
/J C&'*k
RacheJ G. Clark, City Clerk
The foregoing resolution is hereby approved this -o, day of
Approved as to form and legal content:
.s T , V (%�
F. Penman, City Attorney
r _, 2004.
San Bernardino
Exhibit "A"
2004-311
AGREEMENT FOR SERVICES
This AGREEMENT is made and entered into this 4th of October 2004, by and
between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the
"CITY" and Cabral Roofing & Waterproofing Corp., hereinafter referred to as "CONTRACTOR".
WITNESSETH
WHEREAS, City desires to engage a roofing contractor for the replacement of two roof sections at the
Carousel Mall in the City of San Bernardino; and
WHEREAS, Contractor is a licensed roofing contractor qualified to provide said services; and
WHEREAS, San Bernardino City Council has elected to engage the services of Contractor upon the
terms and conditions as hereinafter set forth; and
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Contractor shall perform those services specified in RFQ F-05-011, Reroof at Various Sites,
dated June 14, 2004, on file in the City's Facilities Management Department, and in the attached
quotation, dated July 21, 2004, and proposed costs, a copy of which is attached hereto as Exhibit
"1", and all of which are incorporated herein as though set forth in full.
2. TERM OF AGREEMENT
Contractor shall commence within five (5) days after the City has authorized work to start by
issuance of a Notice to Proceed.
3. STANDARD OF PERFORMANCE
Contractor shall complete all work in conformance with Federal, State, and local regulations and
industry standards.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the attached quotation are made an obligation of Contractor
under this Agreement, subject to any changes made subsequently upon mutual agreement of the
parties. All such changes shall be considered as additional tasks and shall be incorporated by
written amendments to this Agreement and include any increase or decrease in the amount of
compensation due Contractor for the change in scope. Any change, which has not been so
incorporated, shall not be binding on either party.
B. Contractor shall render no extra services under this Agreement unless City authorizes such extra
services in writing prior to performance of such work. Authorized extra services shall be
invoiced based on the authorized additional task amounts.
2004-311 Exhibit "A"
5. COMPENSATION
A. Upon satisfactory completion of the work, the Contractor will be paid time and material
not to exceed $281,794.00 in arrears, for all work and services performed under this
contract and upon receipt of itemized invoices, submitted in triplicate to the contract
manager. The invoice amount will be based on the actual work performed by task.
Contractor will submit an invoice to the City upon completion of the project.
B. Said compensation shall not be altered unless there is significant alteration in the scope,
complexity or character of the work to be performed. City and Contractor shall agree
upon any such significant alteration in writing before commencement of performance of
such significant alteration by Contractor.
Any adjustment of the total cost of services will only be permitted when the Contractor
establishes and City has agreed in writing that there has been, or is to be, a significant
change in:
1. Scope, complexity, or character of the services to be performed;
2. Conditions under which the work is required to be performed; and
3. Duration of work if the change from the time period specified in the Agreement
for completion of the work warrants such adjustment.
C. The Contractor is required to comply with all Federal, State and local laws and
ordinances applicable to the work. The Contractor is required to comply with prevailing
wage rates in accordance with California Labor Code Section 1770.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted by
Contractor to City and shall be paid by City within twenty (20) days after receipt of same,
excepting any amounts disputed by City. Dispute over any invoiced amount shall be
noticed to the Contractor within ten (10) days of billing and a meet and confer meeting
for purposes of resolution of such dispute shall be initiated by the City within (10) days
of notice of such dispute. All tasks as specified in Exhibit "1" shall be completed prior to
final payment.
B. No payment will be made for any work performed prior to approval of this contract by
City and Notification to Proceed.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Facilities Management of City, or his designee, shall have the right of
general supervision over all work performed by Contractor and shall be City's agent with
respect to obtaining Contractor's compliance hereunder. No payment for any services
rendered under this Agreement shall be made without prior approval of the Director of
Facilities Management or his designee.
2
2004-311 Exhibit "A"
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Contractor hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status, age, handicap or national origin.
Contractor shall comply with all State and Federal Civil Rights Laws in its hiring practices and
employee policies. Such action shall include, but not be limited to, the following: recruitment
and recruitment advertising, employment, upgrading, and promotion.
9. TERMINATION OF AGREEMENT
A. This Agreement may be terminated by either party upon thirty (30) days' written notice
in the event of substantial failure of the other party to perform in accordance with the
terms of this Agreement. Each party shall have twenty (20) days following the date of
such notice within which to correct the substantial failure, giving rise to such notice. In
the event of termination of this Agreement, City shall within thirty (30) days pay
Contractor for all the fees, charges and services performed to City's satisfaction by
Contractor, which finding of satisfaction shall not be unreasonably withheld. Contractor
hereby covenants and agrees that upon termination of this Agreement for any reason,
Contractor will preserve and make immediately available to the City, or its designated
representatives, maps, notes, correspondence, or records related to work paid for by the
City and required for its timely completion, and to fully cooperate with City so that the
work to be accomplished under this Agreement may continue within forty-five (45) days
of termination. Any subsequent use of such incomplete documents, other than their
originally intended use, shall be at the sole risk of the City, and the City agrees to hold
harmless and indemnify Contractor from any claims, losses, costs, including attorney's
fees and liability arising out of such use. Contractor shall be compensated for such
services in accordance with Exhibit "1".
B. This Agreement may be terminated for the convenience of the City upon thirty (30) days
written notice to Contractor. Upon such notice, Contractor shall provide work product to
City, and City shall compensate Contractor in the manner set forth above.
C. Following the effective date of termination of this Agreement pursuant to this section, the
Agreement shall continue until all obligations arising from such termination are satisfied.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and without the fault or negligence of
Contractor, Contractor fails to meet any of its obligations under this Agreement, and such failure
shall not constitute a default in performance, the City may grant to Contractor such extensions of
time and make other arrangements or additions, excepting any increase in payment, as may be
reasonable under the circumstances. Increases in payment shall be made only under the
"changes" provision of this Agreement. Contractor shall notify City within three (3) days in
writing when it becomes aware of any event or circumstances for which it claims or may claim
an extension.
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2004-311
Exhibit "A"
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12.
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14.
INDEPENDENT CONTRACTOR
Contractor shall act as an independent contractor and shall not be considered an employee of the
City in the performance of the services provided for under this Agreement. Contractor shall
furnish such services in its own manner. This Agreement is not intended and shall not be
construed to create the relationship of agent, servant, employee, partnership, joint venture, or
association between Contractor and the City.
ASSIGNMENT OR SUBCONTRACTING
Contractor shall not assign this Agreement, or any portion thereof without the written consent of
City. Any attempt by Contractor to assign or subcontract any performance of this Agreement
without the written consent of the City shall be null and void and shall constitute a breach of this
Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract.
NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the following
representatives of Contractor and City:
CONTRACTOR
Tim Cabral
Cabral Roofing & Waterproofing Corp.
815 W. Olympic Blvd
Montebello, CA 90640
RESPONSIBILITIES OF PARTIES
CITY
Jim Sharer
Director of Facilities Management
300 N. "D" Street
San Bernardino, CA 92418
A. The Contractor may reasonably rely upon the accuracy of data provided by the City or its
agents.
B. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will
automatically be vested in the City and no further agreement will be necessary to transfer
ownership to the City.
C. For the purpose of determining compliance with Public Contract Code Section 10115, et.
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq.,
when applicable, and other matters connected with the performance of the contract
pursuant to Government Code Section 8546.7, the Contractor, subconsultant, and the City
shall maintain all the books, documents, papers, accounting records, and other evidence
pertaining to the performance of the contract, including but not limited to, the costs of
administering the contract.
All parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of final
payment under the contract. The State, the State Auditor, or any duly authorized
4
2004-311 Exhibit "A"
representative of the Federal government having jurisdiction under Federal laws or
regulations (including the basis of Federal funding in whole or in part) shall have
access to any books, records, and documents of the Contractor that are pertinent to
the contract for audits, examinations, excerpts, and transactions, and copies thereof
shall be furnished if requested.
15. HOLD HARMLESS CLAUSE
A. Contractor shall indemnify, defend and hold free and harmless the City, its officers, and
its employees from all claims, damages, costs, expenses, and liability, including, but not
limited to attorney's fees, imposed upon them for any alleged infringement of patent
rights or copyrights of any person or persons in consequence of the use by City, its
officers, employees, agents, and other duly authorized representatives, of programs or
processes supplied to City by Contractor under this Agreement.
B. The prevailing party in any legal action to enforce or interpret any provision of this
Agreement will be entitled to recover from the losing party all reasonable attorneys' fees,
court costs, and necessary disbursements in connection with that action. The costs,
salary, and expense of the City Attorney and members of his office, in connection with
that action shall be considered as attorneys' fees for the purposes of this Agreement.
16. INDEMNITY
Contractor shall indemnify, defend and hold harmless City from and against any and all claims,
demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs,
expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third
parties, which arise from Contractor's negligent performance of services under this Agreement.
Contractor shall not be responsible for, and City shall indemnify, defend, and hold harmless
Contractor from and against, any and all claims, demands, suits, actions, proceedings, judgments,
losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and
liabilities of, by or with respect to third parties, which arise from the City's negligent
performance under this Agreement. With respect to any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including
reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from
the joint or concurrent negligence of Contractor and City, each party shall assume responsibility
in proportion to the degree of its respective fault.
17. LIABILITY/INSURANCE
Contractor shall maintain insurance policies meeting the minimum requirements set forth herein. All
insurance maintained by the Contractor shall be provided by insurers satisfactory to the City.
Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to
the Contractor performing any of the services under this Agreement. All insurance certificates
required herein shall name the City as an additional insured and provide for thirty-(30) days written
notice from the insurer to the City prior to any change or cancellation of any insurance policy of the
Contractor.
E
2004-311 Exhibit "A"
A. Comprehensive General Liability and Automobile Insurance. The Contractor shall
maintain comprehensive general liability and automobile liability insurance with a combined
single limit of not less than One Million Dollars ($1,000,000.00) per occurrence.
B. Worker's Compensation Insurance. The Contractor shall maintain worker's
compensation insurance in accordance with the laws of the State of California for all
workers employed by the Contractor.
18. VALIDITY
Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as
not containing such provision, and all other provisions which are otherwise lawful shall remain in
full force and affect, and to this end the provisions of this Agreement are declared to be severable.
19 ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties hereto and
supersedes all prior and contemporaneous negotiations, representations, understandings, and
agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may
be amended only by written instrument signed by both parties.
1H
HI
C
2004-311 Exhibit "A"
AGREEMENT FOR Services with Cabral Roofing & Waterproofing Corp.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date
written above by their duly authorized officers on their behalf.
ATTEST:
Rachel bark, City Clerk
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY: 6
CITY OF SAN BERNARDINO
MN
h Valles, Mayor
of San Bernardino
Cabral Roofing roofing Corp.
BY-.
Signature
NAME: .' Jr's.
TITLE: Area, Qff"siL"�=
2004-311
EXHIBIT 1
F05-011 Re -roof at Various Sites
REQUEST FOR QUOTES:
DESCRIPTION OF RFQ:
PRICE FORM
RFQ F-05-011
Re -Roof at Various Sites
BIDDER'S NAME/ADDRESS: CABRAL ROOFING 5 WATERPROOFING CORP
815 W OLYMPIC BLVD
MONTEBELLO CA 90640
NAME/TELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE DECIDERIO CABRAL, VICE PRESIDENT
(323) 832-9100
2004-311
0P-.3-:SOa .:±a Fr=a ::!i of San Bernardino Finance\Porchasia +9093845043
T-500 P.007/009 F-Bil
�aae: rc_.- F65-011 Re -roof at 6 Sites
1)
2)
5cys and Girls C:ub
1180 West 9ei Street
pace 6 of 8
Furnish and instail specified roofing and related components to City of San Bernardino
for eof repairs listed in the Scope or Work and Specifications to the Boy's and Girls' Club -
Lumo Sum:
S 28,197.00 ;in Words:TWENTY EIGHT THOUSAND ONE HUNDRED NINETY-SEVEN RQLLAR0]j00
Carousel Mail 225 Carousel Mail
COMBINED BID: Furnish and install specified roofing and related components to the City Of
San Bernardino for performing a complete replacement of the Carousel Mall Penthouse Roofs
#4. #9 and :14. LUMP SUM:
S 339,963.00 ;In Words: THREE HUNDRED THIRTY NINE THOUSAND NINE HUNDRED SIXTY-THREE
DOLLARS AND 0/100
BID ALTERNATE i#1: Furnish and install specified roofing and related components to the City
Of San Bernardino for performing a complete replacement of only the Carousel Mail
Penthouse Roof #4. LUMP SUM.
140,897.00 ;in words: ONE HUNDRED FORTY THOUSAND EIGHT HUNDRED NINETY-SEVEN DOLLA
AND 0/100
Includes asbestos remediation of flashing (roof) perimeter Base
BID ALTERNATE 42: Furnish and install specified roofing and related components to the City
Of San Bernardino for performing a complete replacement of only the Carousel Mall
Penthouse Roof #9. LUMP SUM.
$ 58,169.00 ;in words: FIFTY EIGHT THOUSAND ONE HUNDRED SIXTY-NINE DOLLARS AND 0/1
BID ALTERNATE #3: Furnish and install specified roofing and related components to the City
Of San Bernardino for performing a complete replacement of only the Carousel Mall
Penthouse Roof#14. LUMP SUM.
S 140.897.00 ;In words: ONE HUNDRED FORTY THOUSAND EIGHT HUNDRED NINETY-SEVEN DOLL
AND 0/100
Includes asbestos remediation of flashing (roof) perimeter Base
BID ALTERNATE #4: Per Addendum 1 - Provide an additive bid price for installing a new
sheet metal coping side fastened into the existing metal coping. Wrap the Hypalon base
flashing up and over the existing metal coping under the new coping. LUMP SUM.
S 14,246.00 ;In Words: FOURTEEN THOUSAND TWO HUNDRED FORTY -SIR DOLLARS AND 0/100
2004-311
06-?3-2004 15:44 From -City of San 9ernardino Financa\Furchasia +9093945043
T-500 P 003/009 F-M
Addendum #1 F05-011 Re -roof at 6 mites
pace 7 of $
UNIT PRICE BID ITEM: Lightweight Concrete i Gypsum deck fill repair - S 14,00
per sq.ft.
3) CID
4)
3038 Palm Lane
Furnish and install related components to City of San Bernardino for roof repairs listed in
the Scope or Work and Specifications to :he CID Facility - Lump Sum:
$ 15)144.00 ;in Words: FIFTEEN THOUSAND SEVEN HUNDRED FORTY-FOUR DOLLARS AND 0/100
60 Street Senior Center
600 West Fifth Street
BID ALTERNATE #1: Furnish and install specified roofing and related components to City of
San Bernardino for re -roofing all of the roofs of the Fifth Street Senior Center. LUMP SUM:
134,238.00 ;in words: ONE HUNDRED THIRTY FOUR THOUSAND TWO HUNDRED THIRTY—EIGHT
DOLLARS AND 0/100
UNIT PRICE BID ITEM: Lightweight Concrete ! Gypsum deck fill repair - $ 14.00
per sq-fL
Includes asbestos remediation
5) Fires Station #221 200 East Third Street
Re -roofing Alternative
BID ALTERNATE #1: Furnish and install specified roofing and re!ated components to City of
San Bernardino for re -roofing ail of the roofs of the Fire Station #1. LUMP SUM:
$ 187,316.00 ;in Words: ONE HUNDRED EIGHTY SEVEN THOUSAND THREE HUNDRED SIXTEEN
DOLLARS AND 0/100
UNIT PRICE BID ITEM: Lightweight Concrete / Gypsum deck fill repair - $ 14.00
per sq.ft.
Includes asbestos remediation
Restoration Alternative
BID ALTERNATE #2: Furnish and install roofing labor, materials and supervision to The City of
San Bernardino for roof repair and restoration work on all roofs at Fire Station #1. LUMP SUM:
$ 77.153.00 in words: 0/100
SEVEN THOUSAND ONE HUNDRED FIFTY THREE DOLLARS AND
0/100
0B-:3-;11.^-4 'E:44 From -City of San Bernardino Financa\PurcnasiQ +9023845043 T-500 P.009/009 F-571
2004-311
'Addendum #^
F05-011 Re -roof at 6 Sites
page 8 of 8
R_quired for Born Re -roofing and Restoration Alternative:
BID A-LTERNATE #1 Per Addendum #1 Provide an additive bid price for installing an extra
pressure treated wood nailer of up to 4"X 4" by 10' long at the north end of the existing curbs to
a love for the termination of the new base flashings at the height required for warranty
acceptance by the roofing system manufacturer. LUMP SUM:
c 1,800.00 •jn words: ONE THOUSAND EIGHT HUNDRED DOLLARS AND 0/100
W ,
6) Police Department - Bldg. "B" 710 North "D" Street
A) - Furnish and install specified roofing and related components to the City Of San
Bernardino for performing a complete replacement of the Police Department - Bldg. "B" -
roofs. LUMP SUM:
$ 205,677,00 in words:TWO HUNDRED FIVE THOUSAND SIR HUNDRED SEVENTY SA ENODOLLL RS
BID ALTERNATE.41: Per Addendum #1 Provide a deductive Alternate bid to re -use the
existing foam coated HVAC ductworks. LUMP SUM:
$ 23y750.00 ;ln WordS TWENTY THREE THOUSAND SEVEN HUNDRED_FIFTY DOLLARS AND 0/100
UNIT PRICE BID ITEM: Localized replacement of existing wood deck - $ 4,00
per sq.ft.
2004-311
STATEMENT OF ROOFING MANUFACTURER'S QUALIFICATIONS
Each bidder for the work included in the specifications and drawings and the contract documents shall submit with their bid the data
requested in the following schedule of information. This data must be included in and trade part of each bid document and contained
in the sealed envelope. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's Proposal.
Submit one (1) copy of this statement.
l.Name of bidder CABRAL ROOFING S WATERPROOFING COPR.
2.Name of Material Supplier
TREMCO
lNumber of years manufacturing this roof system 15 YEARS
4.Location of wholly owned and operated manufacturing facilities.
Facility TREMCO LTD
Product Sheeting Bond
Street 220 Wicksteed Ave
City Toronto
Facility VFFNnm ]!i ANT
Product R.,r..,a,tic, EIS
Strut 3060 E. 44th St.
City Vernon
State Ontario, anada State California NO
% of product used 100 M4N1G7 % of product used 100
mfg at this plant 100 mfe at this plant 100
Facilitv FELT PLANT FacilityTREIIHaF PLANT
Product Roofing Felts Product Misc. Caulks
Street3361 E 80th St
City Cleveland
State Ohio 44104
% of product used 100
mfg at this plant 1 On
gmrpt Treuhaft Blvd
Citv Barbourville
State Kentucky 40906
% of product used 100
rnfg at this plant 100
5.Submit Material Safety Data Sheets on products to be used.
6.Submit current independent laboratory results on roofing system that is proposed, prior to award of contract.
7.The proposed roof system to be installed shall meet all local and state safety, health, fire and building code requirements.
MANUFACTURER'S REP NAME: Jeff Jeffers
PROJECT: CITY OF SAN BERNARDINO — VARIOUS SITES
CONTRACTOR:
PIIFAX:909-640-1375 DATE: 7-21-04
CABRAL ROOFING S WATERPROOFING CORP
RE -ROOFING PROJECT PRE -FINAL INSPECTION CHECKLIST
The following items are to be checked and initialed by superintendent/foreman and the list the faxed to manufacturer's representative
2004 Re-roo6Restoration Project
Facilities Management
General Notes
2004-311
F05-011 Re -roof at Various Sites
Contractor Acknowledgement
I Deciderio Cabral, Vice President ,have read, understand and
agreed to comply with all the requirements listed in the technical specifications. I
also certify that my company does meet the qualifications listed in the technical
specifications. I am authorized to sign this document as a legal representative of my
company,
Dated
2004-311
F05-011 Re -roof at Various Sites
PRINT SIGNER'S NAME AND TITLE
DATE SIGNED:
COMPANY NAME & ADDRESS:
DESIDERIO CABRAL. VICE-PRESIDENT
07/21/04
CABRAL ROOFING & WATERPROOFING CORP.
815 W. OLYMPIC BLVD
MONTEBELLO, CA 90640
PHONE:323-832-9100 FAX: 323-832-9300
IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW:
2004-311
F05-011 Re -roof at Various Sites
Are there any other additional or incidental costs that will be required by your firm in
order to meet the requirements of the Technical Specifications? Yes / No x .
(circle one). If you answered "Yes", please provide detail of said additional costs: _
Please indicate any elements of the Technical Specifications that cannot be met by
your firm. NONE
Have you included in your bid all informational items and forms as requested? Yesx /
No . (circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid
Cash discount allowable 0 % days; unless otherwise stated, payment terms
are: Net thirty (30) days.
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFQ. Below, please
indicate all Addenda to this RFQ received by your firm, and the date said Addenda
was/were received.
Verification of Addenda Received
Addenda No: i Received on: 6-23-04
Addenda No: Received on:
Addenda No: Received on:
AUTHORIZED SIGNATURE:
2004-311
F05-011 Re -roof at Various Sites
NON - COLLUSION AFFIDAVIT
TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO
In accordance with Title 23, United States Code, Section 112, the undersigned hereby
states, under penalty of perjury:
That he/she has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken action in restraint of free competitive
bidding in connection with RFQ F-05-011.
Business Name CABRAL ROOFING 6 WATERPROOFING CORP
Business Address 815 W OLYMPIC BLVD, MONTEBELLO CA 90640
Signature of biddei
MONTEBELLO, CALIFORNIA
Place of Residence
Subscribed and sworn before me this
Notary Public in and for the County of
-7 7l� day of _, 2001
Ccs �ti ��1 State of California.
My commission expires 14 j'4— , ,�7
20�-
1 1
QSHIGERU I�NNEiH HAVAKAWA
Commisslon # 1410185 z
Notary Public - California q_
Los Angeles County
My Comm. Expires Mav 7.2007
$ A F E C O 2004-311
FIRST NATIONAL SURETY
BID BOND
Conforms with The American Institute of
Architects. A.I.A. Document No. A-310
KNO\\ \1 . W; I I IESE PRESENTS. That we. Cabral Roofing & Waterproofing Corporation
and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA
SAFECO Insurance Company
PO Box 34526
Seattle. WA 98124-1526
as Principal, hereinafter called the Principal.
of 2677 N Main Street. Suite 600, Santa Ana, CA a corporation duly organized under
the laws otthe State of Washington . as Surety, hereinafter called the Surety, are held and firmly bound unto
of San Bernardino as Obligee, hereinafter called the Obligee.
in the sum(+t Ten Percent of the Total Amount Bid -----------------------------------------------------
Dollars (S 10% ---------------- ) , for the payment of which sum well and truly 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 Reroof at Various Sites
Nn F-n5-011
NOW. 1TIEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the ubugee
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 sutticient 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 such Contract and give such bond or bonds, if the
Principal simll paw to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger aniount for which the Obligee may in good faith contract with another parry to perform the Work covered by s£dci bid, then this
oblieation shall be null and void, otherwise to remain in full force and effect.
Signed and scaled this
day of
Witness
Witness
June 2004
Cabral fr W ter roofs g Corporation
(Seal)
Principal
.i�L/S�e�tT\a l-6V�1'�ICG �VYII�e N+`�
Title
FIRST NATIONAL INSURANCE COMPANY OF
AMERICA
l Y
Rosa E. Rivas Attorney -in -Fact
3-0154 FNEF 2'40, ® A registered trademark of SAFECO corporator
FRF
2004-311
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of
America, General Insurance Company of America, First National Insurance Company of America, American
States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the
Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain
circumstances we may be eligible for reimbursement of certain surety bond losses by the United States
government under a formula established by this Act.
Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that
exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act
also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of
terrorism. Losses on some or all of your bonds may be subject to this cap.
This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement
guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law.
At this time there is no premium change resulting from this Act.
S-6248/GEEF 2J03 FRP
2004-311
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No 5907
Sate of '_alitornla
CounT/ Oranee
On June 225 2004 before me, Lourdes Landa. Notary Public
DATE NAME. TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC"
perscna.j appeared >*:,...+«+:+:+.+.+..:..>..+Rosa E. Rivas••>•=_•:_...<+ .............:....:.>.>.
NAME(S) OF SIGNER(S)
g Personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to met he/they executed the same in
his/her/their authori d capaci (ies), and that by his/her/their
signature(s) on t instrume the person(s), or the entity upon
�t behalf of whiCK the persm(s) acted, executed the instrument.
LOURDESLANDA
COMM. # 1458295
NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY
it, comm. expires Dec.,3, 2101
OPTIONAL
and
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
17 CORPORATE OFFICER
❑ PARTNER(S) B LIMITED
GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
8236
' 2004-311
5 A F E C POWER
f� OF ATTORNEY
FIRST NATIONAL SURETY
PO BOX 34i(,
SEATTLE. WA 98124-1526
KNOW ALL BY THESE PRESENTS:
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
PO BOX 34526
SEATTLE. WA 98124-1526
No. 8063
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint
-••""°"•••••IOIIN NIONROF.: WILLIAM R. CURTIS: JUDY A. GRANDL'SK), LOURDES LANDA: ROSA E. RIVAS. ECCE\E T. /_O\DLO: Irvm, l'alitamia°•""•""""••"
its true and lawful attorney(s)-in-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar
character issued by the company in the course of its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such
instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 20th
CHRISTINE MEAD. SECRETARY
CERTIFICATE
day of February 2003
l�� PG�tCY4.
MIKE MCGAVICK, PRESIDENT
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety opemlions, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(it) A copy of the powerof-attorney appointment, executed pursuant thereto, and
(!if) Certifying that said powerof-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto. are true and correct, and that loth the By -Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
-SEAL
;192e
this 25th day of June 2004
CHRISTINE MEAD, SECRETARY
S-1049/FNEF 7198 91 A registered trademark of SAFECO Corporation
02r202003 PDF
rnnn . 7090
rARRARn[1
ACZOR . CERTIFICATE OF LIABILITY
INSURANCE
DATE
91161041oom)
PRODUCER
Certificate Desk (626) 792.5522
SullivanCurtisMonroe #0721187
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
135 N. Los Robles, Suite 275
Pasadena, CA 91101
INSURERS AFFORDING COVERAGE
INSURED
INSURER A: Westchester_ Surplus
Cabral Roofing and Waterproofing Corp.
815 West Olympic Blvd.
INSURER B: Peerless Insurance Company
w uRER c: American Guarantee 8 Liability Ins
Montebello, CA 90640
INSURER D',
INSURER E'
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.
INSR
TYPE OF INSURANCE
POLICY NUMBER
POUCYUFECTNE
POUCYEXPIRATIONjJ&
LIMR9
A
GENERALLIABILITY IIGLW779377
07/01/04
07/01/05
EACH OCCURRENCE
$1000000
FIRE DAMAGE(AYaneflre)
150000
X COMM ERCMGENERALLIMILITY
MEO EXP(Any one person)
$5000
CLAIMS MADE FX7OCCUR
PERSONAL BADVINJURY
E1000000
X BI1PDDed:2.500
GENERAL AGGREGATE
s2 000,000
GEN'L AGGREGATE LIM ITAPPLIES PER:
PRODUCTS-COMPIOPAGG
s2000000
PRO -
POLICY X JEC LOG
B
AUTOMOBILELIABILRY
X
ANY AUTO
CBP9838023
iO4/01104
04/01/05
COMBINED SINGLE LIMIT
IEa accident)
$1,000,000
BODILY INJURY
(Per Person)
:S
ALL OWNED AUTOS
SCHEDULED AUTOS
—_
BODILY INJURY
(Per accident)
$
X
X
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Perecddent)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
$
ANY AUTO
S
AUTO ONLY: AGG
C
EXCESS LIABILITY
AUC937551001
07/01/04
07/01/05
$4000000
4 000,000
OCCUR CLAIMS MADE
=ACCIDENTS
' DEDUCTIBLE
RETENTION b
WORKERBCOMPENSATION AND
EMPLOYERS'LIABILITY
E. L. DISEASE - EA EMPLOYEE
b
E.L. DISEASE -POLICY LIMIT
1 5
OTHER
W.C. Certificate Issued
By CA -State Fund
DESCRIPTION OF OPERATIONS!LOCATIONSNEHICLENEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Re: Boys 8 Girls Club, Police Station -Building B-Area A, San Bernardino,
CA 92418
Certificate Holder is named as additional insured as shown on the
attached endorsement.
City of San Bernardino
300 North "D" St.
San Bernardino, CA 92418
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TOMAIL3g—DAYS WRITTEN
NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHELEFT, BUTFALURE TODOSOSHALL
IMPOSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON THE INSURER,ITS AGENTS OR
Tr,.vnv cav I"a I -I OT L IFM1u. r 1
, .a re ArnRn CORPORATION 195E
IMPORTANT
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.
ACORD25-5(7197)2 Ot 2 #M6311
POLICY NUMBER: GLW779377 COMMERCIAL GENERAL LIABILITY
Cabral Roofing & Waterproofing Corp.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - (FORM B)
This endorsement mod f!as insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
AS REQUIRED BY CONTRACT, PROVIDED THE CONTRACT IS EXECUTED PRIOR TO LOSS.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
CG 20 10 11 85./ Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 13
POLICYHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 09-16-2004
CITY OF SAN BERNARDINO
300 NORTH I'Da STREET
SAN BERNARDINO CA 92418
GROUP: 000285
POLICY NUMBER: 2401-2004
CERTIFICATE ID: 127
CERTIFICATE EXPIRES: 04-01-2005
04-01-2004/04-01-2005
JOB: JOB: BOYS & GIRLS CLUB
POLICE STATION -BUILDING B-AREA A
SAN BERNARDINO, CA 92418
This is to certify that we have issued a valid Worker's Compensation insurance Policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with
respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy
described herein is subject to all the terms, exclusions, and conditions, of such policy.
AUTHORIZED REPRESENTATIVE
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - ANDREW H CABRAL, PRESIDENT - EXCLUDED.
ENDORSEMENT #1600 - AUGUSTIN CABRAL, AVP - EXCLUDED.
ENDORSEMENT #1600 - FILOMENA CABRAL, CFO - EXCLUDED.
ENDORSEMENT #1600 - TERESA CABRAL, VPOPERAT - EXCLUDED.
ENDORSEMENT #1600 - ISAIAS CABRAL, SECRETARY - EXCLUDED.
ENDORSEMENT #1600 - ELONIA AGUILAR, AVP - EXCLUDED.
ENDORSEMENT #1600 - JUAN CABRAL, ASSTTREA - EXCLUDED.
ENDORSEMENT #1600 - FRANCISCO CABRAL, ASSTSEC - EXCLUDED.
ENDORSEMENT #1600 - RODRIGO CABRAL, ASSTVP - EXCLUDED.
ENDORSEMENT #1600 - RAUL CABRAL, ASSTVP - EXCLUDED.
ENDORSEMENT #1600 - DECIECRIO CABRAL, VICE PRESIDENT MKTG. - EXCLUDED.
EMPLOYER
CABRAL ROOFING AND WATERPROOFING, INC
815 W OLYMPIC BLVD
MONTEBELLO CA 90640
ASS
ID; D: 09-15-2009
SCIF 10262E Ar pl this if ale mly if you see a faint walannark Nat reads'OFFICIAL STATE FUND DOCUMENT' PAGE 1 OF
POLICYHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 09-16-2004 GROUP: 000285
POLICY NUMBER: 2401-2004
CERTIFICATE ID: 127
CERTIFICATE EXPIRES: 04-01-2005
04-01-2004/04-01-2005
CITY OF SAN BERNARDINO
300 NORTH I'D' STREET
SAN BERNARDINO CA 92418
JOB: JOB: BOYS & GIRLS CLUB
POLICE STATION -BUILDING B-AREA A
SAN BERNARDINO, CA 92418
This is to certify that we have issued a valid Worker's Compensation insurance Policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with
respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy
described herein is subject to all the terms, exclusions, and conditions, of such policy.
AUTHORIZED REPRESENTATIVE
PRESIDENT
ENDORSEMENT #1600
- REGINO HERNANDEZ, ASSTVP - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-01-2004 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
VA:111 1
CABRAL ROOFING AND WATERPROOFING, INC
815 W OLYMPIC BLVD
MONTEBELLO CA 90640
W1C+
RIN ED'. 0&1620041
SCIF 10262E Accept this osdi0ple only if you see a faint welarmadt that mads'OFFICIAL STATE FUND DOCUMENT' PAGE 2 OF 2