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Home My WebLink About2008-126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2008-126 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $58,578.00 TO MORRISON HOPE ROOFING, INC. FOR THE PURCHASE AND INSTALLATION OF METAL ROOFS ON THREE PICNIC SHELTERS LOCATED AT WILDWOOD, HUDSON AND LYTLE CREEK PARKS, AND FIVE RESTROOMS LOCATED AT BLAIR, PERRIS HILL, LITTLEFIELD, ENCANTO AND HORINE PARKS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Morrison Hope Roofing, Inc. is the lowest and best responsible bidder for the purchase and installation of metal roofs on three picnic shelters located at Wildwood, Hudson and Lytle Creek Parks, and five restrooms located at Blair, Perris Hill, Littlefield, Encanto and Horine Parks. A Vendor Service Agreement is awarded accordingly to said bidder in a total amount of $58,578, with a contingency amount of $8,922, but such award shall be effective only upon being fully executed by both parties. All other bids, therefore, are hereby rejected. The City Manager is hereby authorized to execute a Vendor Service Agreement (attached hereto and marked Exhibit "A") and the Director of Finance, or her designee, is hereby authorized to issue a purchase order to Morrison Hope Roofing, Inc. in the amount of $58,578. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the Agreement is not executed by both parties and returned to the Office of the City Clerk within 120 days following effective date of the Resolution. III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $58,578.00 TO MORRISON HOPE ROOFING, INC. FOR THE PURCHASE AND INSTALLATION OF METAL ROOFS ON THREE PICNIC SHEL TERS LOCATED AT WILDWOOD, HUDSON AND LYTLE CREEK PARKS, AND FIVE RESTROOMS LOCATED AT BLAIR, PERRIS HILL, LITTLEFIELD, ENCANTO AND HORINE PARKS. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j 0 in t reg1l1:-l r meeting thereof, held on the 21st day of April , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X BAXTER ~ BRINKER x DERRY ~ KELLEY X - JOHNSON -X- MCCAMMACK X IJ(),-,-4- ,j. Ii UA,A~_ Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this c93-:1~ay of April 2008. Approved as to form: James F. Penman, City Attorney By:dJ+!I~ 2008-126 EXHIBIT" A" VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 2..L day of April 2008, by and between Morrison Hope Roofing, 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 purchase and install metal roofs on three picnic shelters located at Wildwood, Hudson and Lytle Creek Parks, and five restrooms located at Blair, Perris Hill, Littlefield, Encanto and Horine Parks; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for the purchase and installation of metal roofs at eight park locations; and WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and authorized by the City of San Bernardino to provide such purchase and installation of metal roofs at City park locations. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, the CITY hereby engages the services of VENDOR to provide those products and services as set forth in Attachment "A," Technical Specifications RFP F-08-11 "Metal Roofs at: Wildwood Park, Blair Park, Hudson Park, Lytle Creek Park, Perris Hill Park, Littlefield Park, Encanto Park and Horine Park", attached hereto and incorporated herein by this reference. III III 1 2008-126 2. COMPENSATION AND EXPENSES. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR the amount of $58,578.00, for purchase and installation of metal roofs at t"c )l3<c0 eight City parks. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. 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 actual 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 services under this Agreement, unless the bodily injury or property damage was 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. 11/ 2 2008-126 5. 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 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. 6. 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 condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. 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. 3 2008-126 8. 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. 9. ~OTICES. 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: Director of Parks, Recreation and Community Services 201-A North "E" Street, Suite #103 San Bernardino, CA 92401 Telephone: (909)384-5233 TO THE VENDOR: Morrison Hope Roofing, Inc. P. O. Box 5028 San Bernardino, CA 92412 Telephone: (909) 881-5771 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 4 2008-126 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 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 California 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 2008-126 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 supersedes 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 s: W /0 ~008 ~:m~mc. Its:_ Dated ~ 02 tj, 2008 By: Approved as to Form: James F. Penman, City Attorney JU ./} I' ~-- l " I'.. 1'..... / / ' By: (~jJfC I 'A' ~ 6 2008-126 If If ItrTA{] 1/ f11 cAJr ;r City of San Bernardino Technical Specifications RFQ F-08-11 Metal Roofs at: Wildwood Park, Blair Park, Hudson Park, Lytle Creek Park, Perris Hill Park, ' Littlefield Park, Encanto Park and Horine Park. ITEM DESCRIPTION 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 on left-hand column. , Equipment: Bidder shall complete right hand column indicating specific size and/or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID GENERAL REQUIREMENTS This project consists of removal and disposal of existing composite roof shingles, preparation, purchase and installation of metal roofs on three (3) picnic shelters located at Wildwood Park, Hudson Park and Lytle Creek Park and five (5) restrooms located at Blair Park, Perris Hill Park, Littlefield, Encanto and Horine Park. ACCEPTABLE/ASSPECIFIED jDrc&VTlM1\C:- Remove extension beams six (6) on Blair Park restrooms. Colors will be standard brown or green. Contractor shall posses a Class "A" License or appropriate specialty licensees) and City of San Bernardino Business License at time the contract is 8 2008-126 awarded. f-tce-eQ'\~L L Steel Roof: 1. Roof to be steel (roof) with standing seam 9" to ~~'9le- 12" O.c., 24-gauge powder coated. Color to be green or brown. frG.c, Materials: \l~t-' 1. Metal 'Panels - profile: ' standing seam ribs at 9" ~'\~~ oc to 12" oc. 2. Base metals - Zincalume, Galvanume, ASTM A- ~ 798-83 or approved equal. 3. Finish - Kynar 500 or approved equal. Products: 1. The exposed roof panels shall be 25 Ga. 2. Deflection of the roof panels shall not exceed L/24 0 . 3. Secure roofpanels to structure with 18 Ga. concealed clips. 4. Flashing shall match the roof panels and be formed from same manufacturer's material. 5. Clips shall be positive internal locking steel clips, 19 Ga., G-90 galvanized or Zincalume. 6. Fastenings for metal purlins shall be two #10 Teks ~\~ self-drilling wafer head screws. 7. Sealant approved by manufacturer. 0'C~~ Forming: 1. Form stops ends on roof panels at top of roof slopes. 2. Form downturns on all panels over eaves, valleys and gutters. 3. All installation shall conform to approved shop drawings and the manufacturer's recommendations. Note: Installation of metal roof system by company specializing in metal roof installations with five- (5) year's experience. Underlayment: 1. ASTM D226 No. 30 ().sphalt saturated roofing felt. U:srWo\~ 2. Wind uplift rated at UL90 classification. 3. Air infiltration-panel without insulation to meet rprC following standard when tested in accordance with 9 2008-126 ASTM E 283-73. 4. Sidelap sealant, 010 CF sq. ft. at 20 PSF. Water Penetration: 1. Panel to meet following water penetration standard ~ when tested in accordance with SA TM E0331-70 (75). Shop Drawings: 1. Detailed manufacture drawing and specifications must be submitted with two (2) weeks after notice to proceed. Drawings and specifications shall indicate all data necessary to clearly describe \\fl'v '?- gauges, fastener types, accessories required, flashiness and profiles. \fFCe<? General: a. No work shall be performed when rain is eminent. b. All work shall be inspected by a City inspectorlRepresentati ve. c. Once work begins contractor must work continuously on the project until it is completed. d. Contractor must demonstrate a minimum of five (5) years of successful experience in metal roof installation. e. Installer to provide City with 20 - year warranty coverage for metal finish from all defects. f 2-year warranty coverage for degradation of water tightness and integrity of seals. 10 2008-126 PRICE FORM REQUEST FOR QUOTES: RFQ F-08-11 DESCRIPTION OF RFQ: Metal Roofs for (8) Eight Parks BIDDER'S NAME/ADDRESS: 'fV\Q'('~\bo\'\.- \\oQe.. {ka<ri~,.. =-r:~C ~$:) W. 4o~ ~T $~V"\ ~~c1\~o/ C'Pr- 9.d-Llo 7 NAME/TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE SCoT c.'il-~ K ~ ~ D~- <O~\- Sll \. RESTROOMS 1. Blair Park Roof 2. Perris Hill 3. Littlefield/S h u Itis 4. Horine 5. II., 0 ~ \~v..<X.)D Sub-Total: PICNIC SHELTERS 1. Wildwood 2. Hudson 3. Lytle Creek Sub-Total: $ III roo. uC) . $ CrOb'OQ $ ro't 7)t. C) (:) $ LfL; 00 . 00 $ ~ l.{OD . <:)0 $ 3c-o, \ 11r"OD . $ G""6DC' 60 $ 9?oo '00 $ ~ ~OD . D 0 $ ;t~. ~DD' uo 80/0 Sales Tax (Where applicable) $ ~~clv..&eJ.., 15 2008-126 PRICE FORM (Conti.) GRAND TOTAL: $ S~(S-78"' OD Are there any other additional or incidental costs, which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / ~'e one). If you answered "Ves", please provide detail of said additional Please indicate any elements of the Technical Specifications that cannot be met by your firm. ($ I (A- r Have you included in your bid all informational items and forms as requested?W- / 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~ic> \ b 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. 16 2008-126 Verification of Addenda Received Addenda No: t Addenda No: d-- Addenda No: Received on: \ - t c) -o~ Received on: \ - \ Ca - 0 g--- . Received on: AUTHORIZED SIGNATURE: ~ PRINT SIGNER'S NAME AND TITLE: ~~ ~N.e- (L~.G. DATE SIGNED: \ -L-'1--0V COMPANY NAME & ADDRESS: ~r-\!>O\-\.-\~e ~~Y\~ :::C~'- 'Ct) r.v -1::: ~h PHONE1o'''' ~B"I- S-77 \ FAX: crdi- F~I eo ~~9r IF SUBMITTING A "NO BIO", PLEASE STATE REASON(S) BELOW: 17