HomeMy WebLinkAbout20-Facilities Management
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL
ACTION
OR\G\NAL
Subject:
Resolution authorizing the execution of a contract with and
issuance of a purchase order to Cabral Roofing &
Waterproofing Corp. in the amount of$281,794,00 for the
replacement of two roof sections at the Carousel Mall per
RFP F-05-011.
From: James Sharer, Director
Dept: Facilities Management
Date: September 14, 2004
MlCC Meetin2 Date:
October 4, 2004
Synopsis of Previous Council Action:
9/07/04 2004-285 Resolution authorizing the execution of a contract to Southern California Roofing
and Cabral Roofing to Re-roofFire Station #221, 5th Street Senior Center, Section "A" of
Police Building "B" and restoration work at the Boys and Girls Club.
Recommended Motion:
Adopt Resolution
Contact person: James Sharer
d
ames W. Sharer
Director of Facilities Mana ement
Phone: 384-5244
Supporting data attached: Staff Report, Resolution
Ward(s):
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FUNDING REQUIREMENTS: Amount: $300,000.00
Source::
Central City Bond Proceeds.
..J2e':O~~- c31 \
Council Notes:
lJ(~&(u6- ~j~ ';f(
Barbara Lindseth
Director of Finance
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL
ACTION
STAFF REPORT
SUBJECT
Resolution of the Mayor and Common Council of San Bernardino to authorize the
execution of a contract with and issuance of a purchase order to Cabral Roofing &
Waterproofing Corp. in the amount of $281,794,00 for the replacement of two roof
sections at the Carousel Mall per RFP F-05-011.
BACKGROUND
The Economic Development Agency of the City of San Bernardino is the owner of the
common areas of the Carousel Mall, located at Second Street and F Street. As part of the
Reciprocal Easement Agreement (REA), dated December 24, 1970, the City as lease is
responsible for maintenance and repair of the building systems that operate this area. The
area has approximately 150,000 square feet of roof space that is now thirty four years old
and not able to function at its original design levels. The roof has been broken down into
fourteen areas and has been inspected. To date, one roof section has been replaced and
numerous repairs have been made to all other sections.
The two largest sections are located over the two mall courtyards, where the Carousel ride
and the former train ride were located. These roofs have exceeded their useful life's and
require replacement to protect the structural integrity of the facility.
Request for Quotations #RFQ F-05-011 was mailed to thirteen vendors, the San
Bernardino Chamber of Commerce, advertised in the Sun newspaper, and placed on the
City Website. Four bids were received on July 21,2004. Marsha Zeller, Purchasing
Manager, and David Taylor, Project Manager reviewed the bids.
The request to award the Carousel Mall scope was deferred pending funding. Subsequently,
a $300,000 budget has been funded through the EDA to allow for two roof sections at the
Carousel Mall to be replaced.
Four roofing contractors submitted bids to perform the work:
Contractor
Carousel Mall Bid
Qerestory #4 & #14
$281,794.00
$297,600.00
$317,000.00
$330,000.00
1.
2.
3.
4.
Cabral Roofing
Reycrest Roofing
Southern Califomia Roofing
Best Roofing
The lowest single total bid for the desired Carousel mall alternatives is $281,794.00 from
Cabral Construction. Staff also requests a contingency budget of $18,206 (5%) making the
total budget $300,000.
FINANCIAL IMPACT
The Economic Development Agency (EDA) is the owner of the common areas of the
Carousel Mall. Funds for this work will come from the unencumbered balance of the
Central City Bond Proceeds. There are no funds from the City used on this project.
RECOMMENDATION
Adopt Resolution
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RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
3 CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO CABRAL
4 ROOFING & WATERPROOFING CORP. IN THE AMOUNT OF $281,794 FOR
THE REPLACEMENT OF TWO ROOF SECTIONS AT CAROUSEL MALL
5 PER RFQ F-05-01I.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. 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
contract is awarded accordingly to Cabral Roofing & Waterproofing Corp. in a total
amount of $281,794 with a total project contingency amount of $18,206. Such award
shall 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
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become operative until fully signed and executed by the parties and no party shall be
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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.
IIIII
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No, :J tJ
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
2 CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO CABRAL
3 ROOFING & WATERPROOFING CORP. IN THE AMOUNT OF $281,794 FOR
THE REPLACEMENT OF TWO ROOF SECTIONS AT CAROUSEL MALL
4 PER RFQ F-OS-Oll.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the day of
following vote, to wit:
,2004, by the
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MCGIl','NIS
DERRY
14 KELLEY
15 JOHNSON
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McCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2004.
Judith Valles, Mayor
City of San Bernardino
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23 Approved as to form and legal content:
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,p~
es F. Penman, City Attorney
Exhibit "A"
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AGREEMENT FOR SERVICES
This AGREEMENT is made and entered into this of 2004, by and
between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the
"CITY" and 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
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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
"I", and all of which are incorporated herein as though set forth in full.
2.
TERM OF AGREEMENT
Contractor shall commence within five (5) days after the City has authorized work to start by
issuance of a Notice to Proceed.
3. STANDARD OF PERFORMANCE
Contractor shall complete all work in conformance with Federal, State, and local regulations and
industry standards.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the attached quotation are made an obligation of Contractor
under this Agreement, subject to any changes made subsequently upon mutual agreement of the
parties. All such changes shall be considered as additional tasks and shall be incorporated by
written amendments to this Agreement and include any increase or decrease in the amount of
compensation due Contractor for the change in scope. Any change, which has not been so
incorporated, shall not be binding on either party.
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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.
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Exhibil"A"
5.
COMPENSA nON
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:
I. Scope, complexity, or character of the services to be performed;
2. Conditions under which the work is required to be performed; and
3. Duration of work if the change from the time period specified in the Agreement
for completion of the work warrants such adjustment.
C.
The Contractor is required to comply with all Federal, State and local laws and
ordinances applicable to the work. The Contractor is required to comply with prevailing
wage rates in accordance with California Labor Code Section 1770.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted by
Contractor to City and shall be paid by City within twenty (20) days after receipt of same,
excepting any amounts disputed by City. Dispute over any invoiced amount shall be
noticed to the Contractor within ten (10) days of billing and a meet and confer meeting
for purposes of resolution of such dispute shall be initiated by the City within (10) days
of notice of such dispute. All tasks as specified in Exhibit "I" shall be completed prior to
final payment.
B. No payment will be made for any work performed prior to approval of this contract by
City and Notification to Proceed.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A.
The Director of Facilities Management of City, or his designee, shall have the right of
general supervision over all work performed by Contractor and shall be City's agent with
respect to obtaining Contractor's compliance hereunder. No payment for any services
rendered under this Agreement shall be made without prior approval of the Director of
Facilities Management or his designee.
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Exhibit "A"
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Contractor hereby certifies that it will not discriminate against any employee or applicant for
employment because ofrace, color, religion, sex, marital status, age, handicap or national origin.
Contractor shall comply with all State and Federal Civil Rights Laws in its hiring practices and
employee policies. Such action shall include, but not be limited to, the following: recruitment
and recruitment advertising, employment, upgrading, and promotion.
9. TERMINATION OF AGREEMENT
A.
This Agreement may be terminated by either party upon thirty (30) days' written notice
in the event of substantial failure of the other party to perform in accordance with the
terms of this Agreement. Each party shall have twenty (20) days following the date of
such notice within which to correct the substantial failure, giving rise to such notice. In
the event of termination of this Agreement, City shall within thirty (30) days pay
Contractor for all the fees, charges and services performed to City's satisfaction by
Contractor, which finding of satisfaction shall not be unreasonably withheld. Contractor
hereby covenants and agrees that upon termination of this Agreement for any reason,
Contractor will preserve and make immediately available to the City, or its designated
representatives, maps, notes, correspondence, or records related to work paid for by the
City and required for its timely completion, and to fully cooperate with City so that the
work to be accomplished under this Agreement may continue within forty-five (45) days
of termination. Any subsequent use of such incomplete documents, other than their
originally intended use, shall be at the sole risk of the City, and the City agrees to hold
harmless and indemnify Contractor from any claims, losses, costs, including attorney's
fees and liability arising out of such use. Contractor shall be compensated for such
services in accordance with Exhibit" I ".
B. This Agreement may be terminated for the convenience of the City upon thirty (30) days
written notice to Contractor. Upon such notice, Contractor shall provide work product to
City, and City shall compensate Contractor in the manner set forth above.
C. Following the effective date 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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Exhibit "A"
11.
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.
12. ASSIGNMENT OR SUBCONTRACTING
Contractor shall not assign this Agreement, or any portion thereof without the written consent of
City. Any attempt by Contractor to assign or subcontract any performance of this Agreement
without the written consent of the City shall be null and void and shall constitute a breach of this
Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract.
13. NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the following
representatives of Contractor and City:
CONTRACTOR
CITY
Tim Cabral
Cabral Roofing & Waterproofing Corp.
815 W. Olympic Blvd
Montebello, CA 90640
Jim Sharer
Director of Facilities Management
300 N. "0" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Contractor may reasonably rely upon the accuracy of data provided by the City or its
agents.
B. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will
automatically be vested in the City and no further agreement will be necessary to transfer
ownership to the City.
C.
For the purpose of determining compliance with Public Contract Code Section 10115, et.
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq.,
when applicable, and other matters connected with the performance of the contract
pursuant to Government Code Section 8546.7, the Contractor, subconsultant, and the City
shall maintain all the books, documents, papers, accounting records, and other evidence
pertaining to the performance of the contract, including but not limited to, the costs of
administering the contract.
All parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of final
payment under the contract. The State, the State Auditor, or any duly authorized
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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 ~d all claims, demands, suits, actions, proceedings, judgments,
losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and
liabilities of, by or with respect to third parties, which arise from the City's negligent
performance under this Agreement. With respect to any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including
reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from
the joint or concurrent negligence of Contractor and City, each party shall assume responsibility
in proportion to the degree of its respective fault.
17.
LIABILITY IINSURANCE
Contractor shall maintain insurance policies meeting the minimum requirements set forth herein. All
insurance maintained by the Contractor shall be provided by insurers satisfactory to the City.
Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to
the Contractor performing any of the services under this Agreement. All insurance certificates
required herein shall name the City as an additional insured and provide for thirty-(30) days written
notice from the insurer to the City prior to any change or cancellation of any insurance policy of the
Contractor.
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Exhibit "A"
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A. Comprehensive General Liabilitv 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 sigI'ed by both parties.
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Exhibit "A"
OREEMENT 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:
CITY OF SAN BERNARDINO
BY:
Rachel Clark, City Clerk
City of San Bernardino
BY:
Judith Valles, Mayor
City of San Bernardino
Cabral Roofing & Waterproofing Corp.
BY:
Signature
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NAME:
TITLE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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EXHIBIT 1
F05-011 Re-roof at Various Sites
PRICE FORM
COj:)y
REQUEST FOR QUOTES: RFQ F-05-011
DESCRIPTION OF RFQ: Re-Roof at Various Sites
BIDDER'S NAME/ADDRESS: CABRAL ROOFING & WATERPROOFING CORP
815 W OLYMPIC BLVD
KONTEBELLO CA 90640
NAMElTELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE DECIDERIO CABRAL, VICE PRESIDENT
(323) 832-9100
. j~-Z!-Z::~ :::A
Fr;:-"t, ,f ;an Sornardino Financo\P"rc~asIC .8083845043
T-500 P.DOi/DD9 F-;71
Aaoenc"-:7: ~~
F05-011 Re-roof at 6 Sites
page 6 of 8
--".:IC::::"'1 ~=lr~ ~H==- f'!>.2~/04
10' ~-_. . ~- ~ .__1-'31 .)
1)
:O'fS and Girts C:ub
1180 West 9'" Street
-'.. - Furnish anti Instail specified roofing and related components to City of San Bernardino
::r rcof repairs listed in the Scope or Work and Specifications to the Boy's and Girls' Club -
L~rr.o Sum:
S 28,197.00: inwords:TWENTY EIGHT THOUSAND ONE HUNDRED N~NETY-SEVEN 1lm.4/t88
2)
Carousel Mall
295 Carousel Mall
COMBINED 81D: 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 . inwards: THREE HUNDRED THIRTY NINE THOUSAND,NlNE HUNDRED SIXTY-THREE
. DOLLARS AND 01100
81 D ALTERNATE #1: 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 #4. LUMP SUM.
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$ 140,897.00
: in words: ONE HUNDRED FORTY THOUSAND EIGHT Hl!NDRED NUlETY-SEVEN DOLLA
AND 0/100
Inc!udes asbestos remediation of flashing (roof) perimeter Base
BID ALTERNATE ff2: 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 SI.XTY-NlNE DOLLARS AND 011
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.
$ 140.897.00
; in words: ONE HUNDRED FORTY THOUSAND EIGHT lI1JNDRED NINETY-SEVER DOLL
AND 0/100
Includes asbestos remediation of flashing (roof) perimeter Base
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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 anti over the e.:'Cisting metal coping under the new coping. LUMP SUM.
: in words: FOURTEEN THOUSAND TWO HUNDRED FORTY-SIX DOLLARS AND 0/100
S 14,246.00
.~6-l3.~ZDD4 15:.4
Frcm-Cily of San Sornard.n. Finan.o\F,r.ha.li +909,,4,043
T-SOD P JDS/DD, F-;;;
Addendum #1
F05-011 Re-roof at 5 Sites
page 7 of 8
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UNIT ?RICE BID ITEM: Lightweight C,Jncrete i Gypsum decK fill .epair - S
per sq.ft.
14.00
CID
aoaB Palm Lane
Furnish and install related components to City of San 8ernardino for roof repairs listed in
the Scope or Work and Specifications to lhe CiD Facility. Lump Sum:
$ 15,744.00
; in words: FIFTEEN THOUSAND SEVEN HUNDRED FORrY-FOUR DOLLARS AIll? 0/100
5'" Street Senior Canter
600 West Fifth Street
BID ALTERNATE #1: Furnish and instail specified roofing and related components to City of
San Bernardino for re-roofing all of the roofs of1he Fifth Street Senior Center. LUMP SUM:
. in words:ONE HUNDRED THIRTY FOUR THOUSAND TW~ HUNDRED THIRTY-EIGHT
. DOLLARS AND 0/100
UNIT PRICE BID ITEM: Lightweight Concrete I Gypsum deck fill repair _ $ 14.00
per sq. ft.
Includes asbestos remediation
$ 134,238.00
Fires Station #221
200 East Third Street
Re-roofing Alternative
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 Fire Station #1. LUMP SUM:
$ 187,316.00
; in words: ONE HUNDRED EIGHTY SEVEN THOUSAND THREE HUNDRED SIXTEEN
DOLLARS AND 0/100
14.00
UNIT PRICE BID ITEM: Lightweight Concrete / Gypsum deck fill repair - $
per sq.fl:.
Includes asbestos remediation
Restoration Alternative
BID ALTERNATE #2: Furnish and install roofing labor, materials and supelVision to The City of
San Bernardino for roof repair and restoration work on all roofs at Fire Station #1. LUMP SUM:
$ 17.153.00 : in words: SEVENTY SEVEN THOUSAND ONE HUNDRED FIFTY THREE DOLLARS AND
0/100
06-!:~~~O! :::t4
.' I ",
From-City of San Sernardino Finance\Purchasl( +1013845043
T-500 P.OOI/OOI F-i11
..A.dde!10LiTi :;:i
F05-011 Re-roof at 6 Sites
page 8 of 8
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RGquired for both Re-roofing and Restoration Alternative:
BID':',LTEP-NATE #3: Per Addendum #1 Provide an additive bid price for installing an extra
p~e5sure treated wood nailer of up to 4"X 4" by 10' long at the north end of the existing curts to
,,:Ie',', for the termination of the new base flashings at the height required for warranty
ac::eptance by ihe roofing system manufacturer. LUMP SUM:
s
1,800.00
; in words: ONE THOUSAND EIGHT HUNDRED DOLLAR~ AND 0/100
6)
Police Department - Bldg. liB"
710 North "0" 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. "S" -
roofs. LUMP SUM:
S 205,677 .00
; in words: TWO HUNDRED FIVE THOUSAND SIX HUNDRED SEVENTY SEVEN QOLLARS
AND 01100
BID ALTERNATE #1: Per Addendum #1 Provide a deductive Alternate bid to re-use the
existing foam coated HVAC ductWorks. LUMP SUM:
$ 23)750.00
; in words:TWENTY THREE THOUSAND SEVEN HUNDRED. FIFTY DOLLARS AND 0/100
o UNIT PRICE BID ITEM: Localized replacement of existing wood deck _ $ 4,00
per sq.ft.
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OEMENT OF ROOFING MANUFACTURER'S QUALIFICATIONS
Each bidder for the work included in the specificanons and dra"ings and the contracl documents shall submit with their bid the data
requested in the following schedule of information. This data must be included in and made part of each bid document and contained
in the sealed envelope. Failure to comply \\;th this instrUction may be regarded as justification for rejecting the ConlI'actor's Proposal.
Submit one (I) copy of this statement.
l.Name of bidder CABRAL ROOFING & WATERPROOFING COPR.
2.Name of Material Supplier TREMCO
3.Number of years manufacTUring this roof system 15 YEARS
4.Location of wholly owned and operated manufacTUring facilities.
Facilit). TRF.Mr.O T.T1l
Product ~h,:l~t';ng Rnntl
Street 220 Wicks teed Ave
City Toronto
Facilit)" U'IO"1UJnU Df.A UT
Product Rn_!IQt-;,.. V1 c::
.
Street 3060 E. 44th St.
City
Vernon
State Ont'::Ir;nr C~n::lil::l State r.:alif'nrn;::I Qnnli8
K4H1G7
% of product used 100 % of product used 100
mfg at this plant 100
Facility FELT PLANT
o Product Roofin2 Felts
Street3361 E 80th St
mfg at this plant 1 00
Facility TRF.lffiAFT PI.ANT
Product Misc. Caulks
Street Treuhaft Blvd
City Cleveland
State Ohi n 44104
% of product used 100
Ci~ Barbourville
State Kentuckv 40906
% of product used 100
mfg attbis plant 100 mfg at this plant Ion
. 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 requirem.nts.
MANUFACTURER'S REP NAME: Jeff Jeffers
PRFAX:909-640-1375 DATE: 7-21-04
PROJECT: CITY OF SAN BERNARDINO - VARIOUS SITES
CABRAL ROOFING & WATERPROOFING CORP
CONTRACTOR:
RE-ROOFING PROJECT PRE-FINAL INSPECTION CHECKLIST
tlollo,,;ng items are to be checked and initialed by superintendent/foreman and the list the faxed to manufaCTUrers representative
e-roofiRestoration Project
Ities ~lanagement
General NOles
o
o
o
FOS-Oll Re-roofat Various Sites
Contractor Acknowledaement
I Oeciderio 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,
S19v~--<2~
,Dated (- !.I..:....~
o
o
o
F05-011,Re-roof at Various Sites
PRINT SIGNER'S NAME AND TITLE: DESIDERlO CABRAL, VICE-PRESIDENT
DATE SIGNED:
COMPANY NAME & ADDRESS:
PHONE: 323-832-9100
07/21/04
CABRAL ROOFING & WATERPROOFING CORP.
815 W. OLYMPIC BLVD
MONTEBELLO. CA 90640
FPC(: 323-832-9300
IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW:
o
o
o
FOS-Oll Re-roofat 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 I 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? YeSlr I
No , (circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable
are: Net thirty (30) days.
o %
days;' unless otherwise stated, payment terms
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: 6-23-04
Received on:
Received on: ;;
cY~~
AUTHORIZED SIGNATURE:
FOS-O II Re-roof at Various Sites
o NON - COLLUSION AFFIDAVIT
o
o
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 & WATERPROOFING CORP
Business Address 815 W OLYlfi!.IC BLVD, MONTEBELLO CA 90640
s;g"a."eOfb~~/ .)c:- fl.--e ,r--
- (
KONTEBELLO, CALIFORNIA
Place of Residence
Subscribed and sworn before me this
,20!2Y
Notary Public in and for the County of
7 711 day of ....""/&( 7
Los 4,'7-<:' (....f , State of California.
7 , 20-=:2.
My commission expires ;1--1 d-)/
Jfj::~_t 4 (
"'"
) - - - ~KE~~~Y~~~
@ CommlSS/On, 1410185
. Notary Public . CallfOmiO ~
. Los Angeles County
MyComm. ElCpires Mov7. 7!:1Jl
~ SAFECO
IRST NATIONAL SURETY
COND
rms wIth The American Institute of
A itects. A.LA. Document No. A-310
SAFECO Insurance Company
PO Box 34526
Seattle. WA 98124.1526
/(,,()\\ \L: iI", TIIESE PRESENTS. That we. Cabral Roofina & Waterproofina Corporation
as Principal. hereinafter called the Principal.
.lI1d Ih,' FI?ST NATIONAL INSURANCE COMPANY OF AMERICA
of 2677 N Main Street. Suite 600, Santa Ana, CA
. a corporation duly organized under
the la":,, ~lr ~ih.' SW.t!: of Washington
. as Surety. hereinafter called the Surety. are held and firmly bound unto
City of San Bernardino
as Obligee. hereinafter called the Obligee.
in the SU111 ,,' Ten Percent of the Total Amount Bid - - - - - -- - -- - - - - - - - - - - - - - -- - - - - - -- -- - -- -- -- - - - - - -- - -- --
Dollars ($ 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. Ihe Principal has submitted a bid for Reroof at Various Sites
005.011
NOW. TIIEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee
in aCCllrdance with Ihe terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sullicient surety for the faithful performance of such Contract and for the prompt payment oflabor and material furnished in
the proseculion thereof. or in the event of the failure of the Principal to enter such Contract and give such bond or bonds. if the
Principal shall pay to the Obligee the difference nOlto exceed the penally hereof between the amount specified in said hid and such
. larger a1110'"ll for which the Obligee may in good faith contract with another parry to perform the Work covered by <aid bid. th.:n this
obligation shall be null and void. otherwise to remain in full force and effect.
Signed ~l1d scaled this
25th
day of
June
,004
9 Corporation
Wimess
(Seal)
. t Principal
~,,\~n~ ~~ "'iu t>MI~~
Title
Witness
FIRST NATIONAL INSURANCE COMPANY OF
AMERICA
{ By , -RP~~ &.'I?ci.ltlL
Rosa E. Rivas Attorney-in-Fact
o
.'J2I54FNE!= i ~'f1,<"
. A registered trademark of SAFECO CorpofBtior'
FRF
o
o
o
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
govemment 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.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No 5907
S:atE ')i '~Jlilomia
C,:)ur::j ~~ Ornngt:
o~
June 25 2004
DATE
before me, Lourdes Landa. Notary Public
NAME. TITlE OF OFFICER. E.G.. "JANE DOE. NOTARY PUBLIC"
perscna::j appeared '" '" '" '" ..***.* '" ... '" '" '" '" ... .... '" Rosa E. Rivas"'.. '" ........ ............. '" .... ..... _..
NAMEIS) OF SIGNERIS)
~ cers::;nally known to me - OR - 0 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 me t he/they executed the same in
his/her/their author" capaci (ies), and that by his/her/their
signature(s) on t instrumept'the person(s), or the entity upon
behalf of whi the pers (5) acted. executed the instrument.
'1' , - .,' '~OU'RDE~ LA~DA I~
, ~ COMM.' 1458295 ~
~ . NOTARY PUBLIC CAUFORNIA 0
i .' ORANGE COUNTY '"
11 My com~:,,"res Dec.~: ~II1Jt
.. .... -
SIGNATURE OF NOTARY
//
OPTIONAL
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
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
PARTNER(S)
TITlEIS)
8 LIMITED
GENERAL
o
t8I
o
o
o
ATTORNEY-iN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON!S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S";O.6iIGEEF ::98
C '993 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAve.. P.O. Box 7184. Canoga Park. CA 91309-7184
'.
~ 5 A FEe O'
POWER
OF ATTORNEY
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
PO BOX 34526
SEATTLE. WA 98124.1526
FIRST NATIONAL SURETY
OBOX J4526
lTLE. \VA 9KIH-152b
KNOW ALL BY THESE PRESENTS:
No. 81163
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA. a Washington corporalion. does hereby appoint
...............JOIIN MO/'oOROE: WILLIAM R. CliRTIS: JLDY .-\. tiRAfliDCSKY: LOLJRDI::S L\l\DA: ROSA E. RIVAS; EL:GE!\E T. lOI\DLO: t"'lIle. CabIUm.............'....
its tnJe and lawful attomey(s)--in4fact. with Juft authority to execute on behalf of the ccmpany fidelity and SUrety bonds or undertakings and other documents of a similar
character ISSUed by the company in lhe course of its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fuly as jf such
instruments had been dUty 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 10th
day of February
. 2003
CHRISTINE MEAD. SECRETARY
~k /Ac-~\cA-
MIKE MCGAVlCK. PRESIDENT
CERTIFICATE
Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Mide V. Secbon 13. - FIDELITY AND SURETY BONDS ... the President. any VIce President. the Seaetary. and any Assistant VIce President appoinIod for Ih8t
ae by the officer in charge of surety operations. shaB each have authority to appoint individuaJs as attorneys-in-fact or under other appropriate UtIes with authority to
e 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
, ment making or evidencing such appointment. the signatures may be affixed by facsimile. On any insb1Jment conferring such authority or on any bond or
undertaking of the company. the seal. or a facsimHe thereof. may be impressed or atrbced or in any other manner reproduced; prcMded. however. that the seal shaH not
be necessary to the validity of any such instrument or undertaking..
Extract from a Resaution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970.
"On any certificate executed by the SectoIary or an assistant secretary of the Company setting out.
(i) The provisions of ArIide V. SectiOn 13 of the By-i.aws. and
(ii) A oopy of the power.of-attomoy appointment. executed pursuantlherelO. and
(ili) Certifying that said power.of-attomey 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
Resoaution of the Board of Directors of this corporation. and of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By..Laws. the
Resotution 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
25th
day of
June
2004
this
c
CHRISTINE MEAD, SECRETARY
5-1049/FNEF 7198
ill A registered trademarK of SAFECO CorporabOn
02/2012003 POF
OFFICE OF THE CITY CLERK
RAcHEL G. CLARK, C.M.C. - CITY CLERK
300 Norlh "D" Street. S.n Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.ci.san-bernardino.c..us
SI.!
October 8, 2004
Tim Cabral
Cabral Roofing & Waterproofing Corp.
815 W. Olympic Boulevard
Montebello, CA 90640
Dear Mr. Cabral,
At the Mayor and Common Council meeting of October 4, 2004, the City of San Bernardino
adopted Resolution 2004-311 - Resolution 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 roofsections at Carousel Mall per RFQ F-05-0ll.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreements will be null and void if not executed
within 60 days, or by December 3, 2004.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely, .
. j (.
11 ,,!' 1
. {J' I k I ' ;1_ -, ',' <'-I...-
ii.. ~... t...-t(:, '0 ,
ichelle Taylor r
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
A.noPTlin s'lI.A.llJ(U VALtW.S! Tntp'(1ritv. Ar_r_mmt~h11itv. 'Rpo;:npf't f,,1' Ullm'..ln n;(Jnitu. U"npdu
.,
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
November 2, 2004
TO:
James Sharer, Director of Facilities Management
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-311 - Cabral Roofing & Waterproofing Corp.
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the agreement with Cabral Roofing & Waterproofing Corp.
for the replacement of two roof sections at Carousel Mall per RFQ F-05-0l1. The original
agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): IO-4-(Y\- Item #
Vote: Ayes \-'1 Nays..e
Change to motion to amend original documents 0
'20 Resolution #
Abstain A/!r
Companion Resolutions
2(:l:Jh3 \ \
Absent ..e-
Nul1/VoidAfter: ~ days/ \2.-'3rO"\-
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: l~-G::,-Q,L\
Date of Mayor's Signature: .0- '-c ~
Date ofClerklCDC Signature: \0-' -0''\
Reso. Log Updated: g---
Seal Impressed: 0
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
\ Cr '\r-0,C\ Date Returned: i 1- \ -04-
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (64\3, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ,,/"
Yes
Yes
Yes
Yes
No By
No L- By
No V By
NO~ By
No_ B
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities IiY Parks & Recreation 0
City Attorney e:( Finance ff Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others: 3
Notes:
Ready to File:_
Date:
Revised 12/18/03