HomeMy WebLinkAbout2018-1102
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RESOLUTION NO. 2018-110
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND PACIFIC BUILDERS AND ROOFING, INC., IN
THE AMOUNT OF $122,880, AUTHORIZING A CONSTRUCTION CONTIGENCY IN
THE AMOUNT OF $12,288, FOR A TOTAL AMOUNT NOT TO EXCEED $135,168,
AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXPEND THE
CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Pacific Builders & Roofing Inc., dba WSP Roofing, 8150 Sierra College
Blvd #290, Roseville, CA 95661, is the lowest responsible bidder for Roofing and Fascia
Replacement at Howard M. Rowe Branch Library per Plans and Specifications No. 13162.
SECTION 2. A contract is awarded accordingly to said bidder in a total amount of
$122,880.00 with a 10% contingency amount of $12,288.00, but such contract shall be effective
only upon being fully executed by both parties. All other bids, therefore, are hereby rejected.
The City Manager is hereby authorized and directed to execute said contract on behalf of the
City. A copy of the contract is on file in the office of the City Clerk and incorporated herein by
reference as though fully set forth at length.
SECTION 3. The Purchasing Manager is hereby authorized and directed to issue a
Purchase Order to said bidder in the amount indicated in SECTION 2 above.
SECTION 4. This contract and any amendment or modifications thereto shall not take
effect or become operative until fully signed and executed by the parties and no 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.
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SECTION 5. The authorization to execute this contract is rescinded if the parties to the
contract fail to execute and return said Contract to the office of the City Clerk within ninety (90)
days of passage of this Resolution.
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RESOLUTION NO. 2018-110
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND PACIFIC BUILDERS AND ROOFING, INC., IN
THE AMOUNT OF $122,880, AUTHORIZING A CONSTRUCTION CONTIGENCY IN
THE AMOUNT OF $12,288, FOR A TOTAL AMOUNT NOT TO EXCEED $135,168,
AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXPEND THE
CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 18'h
day of April 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
X
BARRIOS
x
VALDIVIA
X(M�
SHORETT
X
NICKEL X
RICHARD X
MULVIHILL�
Georgeann 44 anna, CM ,- City Clerk
The foregoing Resolution is hereby approved this 18a' day of April 2018.
(4�"
0""
R. Carey Davi , Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
'
B
AGREEMENT
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this 18th day of April , 20 Is
between the City of San Bernardino (owner and hereinafter "CITY"), and Pacific Builders and
Roofing, Inc. ( hereinafter "CONTRACTOR
1. For and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the CITY, and under the conditions expressed in the bond as deposited with
the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at
the CONTRACTOR's own proper cost and expense to furnish all the materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to
complete the said project in accordance with the conditions and prices stated in the Bid Documents,
the Special Provisions and Conditions and Provisions for Community Development Block Grant
federally -funded projects, in good workmanlike and substantial manner the
REROOF AND FASCIA REPLACEMENT
AT HOWARD M. ROWE BRANCH LIBRARY
IN THE CITY OF SAN BERNARDINO
( INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS)
in strict conformity with Plans and Special Provisions No.131b, Z_, and also in accordance with Standard
Specifications for Public WorWConstruction, latest edition in effect on the first day of the advertised "Notice
Inviting Sealed Bids" for this project, on file in the Office of the City Engineer, Public Works Department, City of
San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred
to and by such reference made a part hereof.
2. Contractor agrees to receive and accept the prices as set forth in the bid schedule as
full compensation for furnishing all materials and doing all the work contemplated and embraced in
this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any
unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the
work and for all risks of every description connected with the work; also for all expenses incurred by
or in consequence of the suspension or discontinuance of work, and for well and faithfully
completing the work and the whole thereof, in the manner and according to the Plans and Special
Provisions, and requirements of the Engineer under them.
3. The Contractor herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account of
race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this
contract, nor shall the Contractor or any person claiming under or through him or her, establish or
permit any such practice or practices of discrimination or segregation with reference to the selection
of subcontractors, vendees, or employees in the performance of this contract.
AGREEMENT: REROOF AND FASCIA REPLACEMENT AT
HOWARD n ROWE BRANCH LIBRARY
IN THE CITY OF SAN BERNARDINO
4. City hereby promises and agrees with the said Contractor to employ, and does hereby
employ the said Contractor to provide the materials and to do the work according to the terms and
conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the
same at the time, in the manner, and upon the conditions above set forth; and the same parties for
themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full
performance of the covenants herein contained.
5. It is further expressly agreed by and between the parties hereto that should there be
any conflict between the terms of this instrument and the bid of said Contractor, then this instrument
shall control and nothing herein shall be considered as an acceptance of said terms of said bid
conflicting herewith.
IN WITNESS WHEREOF, the patties of these present have hereunto set their hands the year
and date first above written.
CONTRACTOR
NAM�iEJ OF FIRM:
C,v s pp
B 1.
TITLE:�-� S
CITY OF SAN BERNARDINO
BY:
AJNtfkEA M. MILLER, City Manager
City of San Berardino
ATTEST:
MAILING ADDRESS:
?b C1 L 11 We 4'S �00� V1� , ��ia W �' y k U �� � "EORGEAy�---H'-A'NNA, ty Clerk
PHONE NO.: Il) � I- V[16 ,-
NOTIE: Secretary of the Owner should attest
If Contractor is a eorporation, Secretary should attest.
APPROVED AS TO FORM:
' D. SAENZ, City Attomey