HomeMy WebLinkAbout22-Facilities Management
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Sharer, Director
ORlGlNAl
Subject:
Resolution authorizing the execution of a contract with and
issuance of a purchase order to Cabral Roofing & Waterproofing
Corp in the amount of$106,017, and to SCR Group, Inc. dba
Southern California Roofing Company in the amount of $282,001
for the implementation of the City of San BernardinoRe-roof at
Various Sites Project per RFP F-05-011.
Dept: Facilities Management
Date: August 17,2004
MICC Meeting Date:
August 18,2004
Synopsis oCPrevious Council Action:
None
Recommended Motion:
Adopt Resolution, and authorize the Director of Finance to amend the FY04-05 budget and
include the loan proceeds of238,800 and expenditure of those proceeds in ccount # 001-325-
5706 (Alterations & Renovations) and 001-000-6453 (Loan Proceeds). ~
es W. Sharer
Director of Facilities Mana ement
Contact person: James Sharer Phone: 384-5244
Supporting data attached: Staff Report, Resolution
Ward(s):
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FUNDING REQUIREMENTS: Amount: $415,017.00
001-321-5706 - $238,820
Source:: 001-325-5507 - $ 28,197
243-363-5504 -$121,000
Barbara Pachon
Director of Finance
l2..esc -:;&:t~4 - 2..~S
Council Notes:
Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution authorizing the execution of a contract with and issuance of a purchase order to Cabral
Roofing & Waterproofing Corp in the amount of$106,017, and to SCR Group, Inc. dba Southern
California Roofing in the amount of $282,000 for the implementation of the City of San Bernardino
Re-roof at Various Sites Project per RFP F-05-011.
BACKGROUND
The 5th Street Senior Center, the Police Department Building "B" and Fire Station #221 have chronic
leaks which occur each rainy season. The 20+ year-old roofing systems at these facilities have aged well
beyond their designed life cycles. The asphalt and roofing ply have become dry and brittle. Continued
patching efforts are no longer effective. Staff recommends complete removal and replacement of these
roofing systems.
At the Boys and Girls Club, the existing roofing is approximately 10 years old. While leaks have
occurred during the last rainy seasons, the roofing system is still overall in good shape, it is an excellent
candidate for restoration. Again, a restoration at this point can extend the life cycle of the roofing
another 10-15 years. Not doing so will reduce the life cycle 5-10 years.
The Police Building "B" roof was bid for replacement but was over the budget. To resolve this, section
"B" and "C" were deleted from the scope. While Staff recommends 100% replacement per the
specifications, it is cost prohibitive.
Each of the proposed tear-off facilities' existing roofing systems was tested for asbestos entrained
materials. Fire Station #221 and the 5th Street Senior Center each came back with positive results.
Identified and included in the RFP scope of work is the asbestos remediation for these facilities.
Request for Quotations # RFQ F-05-0ll78 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 2 I, 2004. The bids were reviewed by Marsha Zeller, Purchasing Manager,
and David Taylor, Project Manager. The bid results are as follows:
Vendor
Address
Boys Club
5th St. Senior FS #221
Police "IS"
Cabral Roofing Montebello $28,197 $134,238 $187,316 $205,677*
SCR Group Downey $44,000 $121,000 $161,000 $239,000
Reycrest Roofing Los Angeles $34,900 $121,400 $179,900 $279,600
Best Roofing Gardena $48,900 172,800 $239,100 $360,000
* Cabral Roofing was the responsive low bidder for this facility. Staff requested they break out pricing
for each of the three sections of the facility. Section "A" -located above the 1.S. offices, which has
been most problematic for leaks, was broken out at $77, 820.
ENGINEERS ESTIMATE
Estimate Low Bid Contractor
Boys and Girls Club $43,000 $28,197 Cabral RoofIng
Fifth Street Senior Center $169,000 ($8/sq. ft.) $121,000 SCR Group
Fire Station #221 $135,000 ($8/sq. ft.) $161,000 SCR Group
Police Building "B" $112 000 (.JI8/sq. ft.) $77 820 Cabral RoofIng
Totals: $459,000 $388,017
FINANCIAL IMPACT
Facility Cost Account Number
$ 28,197
$121,000
$161,000
$ 77 820
$388,017
$ 27 000
Total: $415,017
The Boys & Girls Club roof restoration is a maintenance project and will be paid for using Facilities
Contract Services account # 001-325-5507. The Fifth Street Senior Center is identified in the City's
2004-2005 Capital Improvement Program as project number GB05-03. It will be funded using Park
Construction Funds.
001-325-5507
243-363-5504
001-321-5706
001-321-5706
Boys and Girls Club
Fifth Street Senior Center
Fire Station #221
Police Dept. Bldg "B" - Section "A"
Subtotal
Contingency
The Fire Station 221 and Police IS Building Roofs are also in the CIP and identified as projects
number GB05-01 and GB05-02. The project will be funded by means of a five-year lease-purchase
financing package in the amount of $238,800.00. Council has already approved for staffto seek
lease purchase financing for this project at their last MCC Meeting. Debt service on this portion of
the loan is estimated to be $53,400 per year at an interest rate of 4.11 %, with payments anticipated
to commence in April 2005. Including financing costs of approximately $28,200, the total cost
would be $267,000.00. The first payment of this loan was included in the FY 2004-05 budget, in
account # 001-325-5803 (lease payments).
A budget amendment is needed to appropriate the funds that will be received from the financing for
the Fire Station and Police Building roof projects. Funds for the debt service payment are included
in the Facilities Management budget, account # 001-325-5803 (lease payments).
RECOMMENDATION
Adopt Resolution, and authorize the Director of Finance to amend the FY04-05
budget and include the loan proceeds of238,800 and expenditure of those proceeds in
Account # 001-325-5706 (Alterations & Renovations) and 001-000-6453 (Loan
Proceeds) .
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RESOLUTION NO.
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 TIlE AMOUNT OF $106,017,
AND TO SCR GROUP, INC. DBA SOUTHERN CALIFORNIA ROOFING
COMPANY IN THE AMOUNT OF $282,000, FOR THE IMPLEMENTATION
OF THE CITY OF SAN BERNARDINO RE-ROOF AT VARIOUS SITES
PROJECT 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. and SCR Group, Inc.,
dba Southern California Roofing Company are the lowest responsive bidders for the
implementation of the Re-roofing at Various Sites Project per RFQ. F -05-0 I I. A
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17 all parties. The Mayor is hereby authorized and directed to execute said contracts on
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contract is awarded accordingly to Cabral Roofing & Waterproofing Corp. in a total
amount of $106,017 and to SCR Group, Inc., dba Southern California Roofing
Company in the amount of $282,000, with a total project contingency amount of
$27,000. Such award shall be effective only upon said contracts being fully executed by
behalf of the City; a copy of the contracts are attached hereto as Exhibit A and B,
respectively, incorporated herein. The Purchasing Manager is hereby authorized and
20 directed to issue purchase orders that reference this resolution to said Contractors in the
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total amount of$388,017.00, and to solicit lease-purchase rate quotes under the existing
Master Lease Agreements and to award a lease-purchase to the lowest responsible
leasing company.
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25 SECTION 2. Any amendment or modification thereto shall not take effect or become
26 operative until fully signed and executed by the parties and no party shall be obligated
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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 $106,017,
AND TO SCR GROUP, INC. DBA SOUTHERN CALIFORNIA ROOFING
COMPANY IN THE AMOUNT OF $282,000, FOR THE IMPLEMENTATION
OF THE CITY OF SAN BERNARDINO RE-ROOF AT VARIOUS SITES
PROJECT PER RFQ F-05-011.
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contracts fail to execute them within sixty (60) days of the passage of this resolution.
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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
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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
ROOFING & WATERPROOFING CORP. IN THE AMOUNT OF $106,017,
3 AND TO SCR GROUP, INC. DBA SOUTHERN CALIFORNIA ROOFING
4 COMPANY IN THE AMOUNT OF $282,000, FOR THE IMPLEMENTATION
OF THE CITY OF SAN BERNARDINO RE-ROOF AT VARIOUS SITES
5 PROJECT 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
ABSENT
NAYS
ABSTAIN
ESTRADA
I.ONGVILI.E
MCGINNIS
DERRY
KELLEY
JOIINSON
McCAMMACK
Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this
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day of
,2004.
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24 Approved as to form and legal content:
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Judith Valles, Mayor
City of San Bernardino
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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 the roof at Police
Building "B" and roof maintenance work at the Boys & Girls Club in the City of San Bernardino, California;
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:
l.
SCOPE OF SERVICES
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Contractor shall perform those services specified in the attached quotation, dated July 2 I, 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.
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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Exhibit "A"
5.
COMPENSA TION
A. Upon satisfactory completion of the work, the Contractor will be paid time and material
not to exceed $]06,0]7.00 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:
]. 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] 770.
6. PA YMENT 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.
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Exhibit "A"
8.
COMPLIANCE WITH CIVIL RIGHTS LA WS
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. TERMINA nON 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"
]1.
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.
ASS]GNMENT 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 $] 0,000 shall contain all provisions of this contract.
]3. 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 924] 8
14. RESPONSIB]LITlES 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 ]0] 15, et.
seq. and Title 2], California Code of Regulations, Chapter 2], 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.
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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.
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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.
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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
BY: k? l e-v.-..
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REQUEST FOR QUOTES:
DESCRIPTION OF RFQ:
BIDDER'S NAME/ADDRESS:
F05-011 Re-roof at Various Sites
EXHIBIT 1
PRICE FORM
CO~y
RFQ F-05-011
Re-Roof at Various Sites
CABRAL ROOFING & WATERPROOFING CORP
815 W OLYMPIC BLVD
HONTEBELLO CA 90640
NAMEfTELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE DECIDERIO CABRAL, VICE PRESIDENT
(323) 832-9100
j6-Z;-:::~ ::il
Fr:~-~.:1 Jr :an :ern.rdino Fin.~c!\P~rc~.sll +90;3845043
HOO P. 0071009 Hi!
FQ5-011 Re-roor at 6 Sites
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page 5 of S
~E"/iS=:, =~JC:= SHE=T--Si23/04
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5c,!s u.nd Girls C:UD
1120 West 9'" Street
~. - ;::.:rnish ana instail specified rooiing and related components to City of San Bernardino
':, ~::of repairs lis.ed in the Scope or Work and Specifications to the Boy's and Giris' Club -
L:.:rr.o Sum:
s
28,197.00
. in words' TWENTY EIGHT THOUSAND ONE HUNDRED NINETY-SEVEN JlQLLAllS01' Al'lD
, . . 100
2}
Carousel Mail
225 Carousel Mall
COMBINED 910: 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 AL TERNA TE #1: Furnish and install specified roofing and related components to the City
Of San Bemardino for performing a complete replacement of only the Carousel Mall
Penthouse Roof #4. LUMP SUM.
S 140,897.00
; in words: ONE HUNDRED FORTY THOUSAND EIGHT IIl!NDRED NINETY-SEVEN DOLLA
AND 0/100
Includes asbestos remediation of flashing (roof) perimeter Base
BID ALTERNATE 1t2: 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.
S 58,169.00
; in words: FIFTY EIGHT THOUSAND ONE HUNDRED SI.XTY-NlNE DOLLARS AND 011
BID ALTERNATE #3: Fumish 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 . 89 7 . 00
; in words: ONE HUNDRED FORTY THOUSAND EIGHT HlINDRED NINETY-SEVEN DOLL
AND 0/100
Includes asbestos remediation at flashing (roof) perimeter Base
BiD .t..L TERNA TE #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
flasning up and over the existing metal coping under the new coping. LUMP SUM.
S 14,246.00
: in words: FOURTEEN THOUSAND TWO HUNDRED FORTY-SIX DOLLARS AND 0/100
06-~~-,004 15:A4
From-City Qf San :ernardlnc F;nan'!\?~rt~a;ii .eOS::45C43
T-"O P OOS/OJE '-,i,
Addendum #1
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F05-011 Re-rcof at '3 Sites
page 7 of 3
UNIT ?RICE BID ITEiVl: Lightweight Concrete i Gypsum deci-; till .epalr - S
per sq.ft.
14.00
3)
CIO
8088 Palm Lane
Furnish and install related components to City of San Bernardino for roof repairs listed in
the Scope or Work and Specifications to the cm Facility - Lump Sum:
$ 15,744.00
; in words: FIFTEEN THOUSAND SEVEN HUNDRED FORT.Y~FOUR DOLLARS AND 0/100
4)
501 Street Senior Center
600 West Fifth Street
81D ALTERNATE #1: Furnish and install specified roofing and related components to City of
San Bernardino for re-roofing all of the ,oofs of the :=ifth Street Senior Canter. LUMP SUM:
$ 134,238.00
. in words:ONE HUNDRED THIRTY FOUR THOUSAND TWO HUNDRED THIRTY-EIGHT
. DOLLARS AND 0/100
14.00
UNIT PRICE BID ITEM: Lightweight Concrete! Gypsum deck fill repair - $
per sq.fl
Includes asbestos remediation
5)
Fires Station #221
200 East Third Street
Re-roofing Alternative
BID ALTERNATE #1: Furnish and instail specified rooting 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 U1REE HUNDRED SIXTEEN
DOLLARS AND 01100
14.00
UNIT PRICE BID ITEM: Lightweight Concrete! Gypsum deck fill repair - $
per sq.ft.
Includes asbestos remediation
Restoration Alternative
BID ALTERNATE #2: Furnish and install roofing labor, materials and supervision to The City oj
San Bernardino for roof repair and restoration wori< on all roofs at Fire Station #1. LUMP SUM:
$
77.153.00
: in words: SEVENTY SEVEN THOUSAND ONE HUNDRED FIFTY THREE DOLLARS AND
01100
os-z~-:~c: '~:4d
. , .
Frcm-ci t, at San Sornardino Financo\Purchasll +90939(50(3
1-500 P.009/009 HTl
~.aae;;at.:r:o ::;~
F05-011 Re-roof at 6 Sites
page 8 of 8
RQquired for bom Re-roofing and Restoration Alternative:
10
6iu':.L TE;:\NA Ie: #3: Per Addendum #1 Provide an additive bid price for installing an extra
pie::::ure treated wood nailer of up to 4"X 4" by 10' long at the north end of the existing curbs to
,,:10'''' for the termination of the new base flashings at the height required for warranty
ac:::emance by ihe roofing system manufacturer. LUMP SUM:
s
1,800.00
; in words; ONE THOUSAND EIGHT HUNDRED DOLLARS. 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. "B" -
roofs. LUMP SUM:
S 205.677 .00
. in words: TWO HUNDRED FIVE THOUSAND SIX HUNDRED SEVENTY SEVEN DOLLARS
, AND 0/100
BIO 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 f .. d d ck $ 4,00
UNIT PRICE 810 ITEM; Localized replacement 0 eXisting woo e -
per sq.ft.
o
IOTEMENT OF ROOFING MANUFACTURER'S QUALIFICATIONS
Each bidder for the work included in the specifications and dra\\lngs and the contract docwnems shall subnut wIth theu bid the data
requested in the follOWing schedule of information. This data must be included in and made pan of each bid docwnem and contained
in the sealed envelope. FaIlure to comply with this Insnuction may be regarded as justification for rejecting the Contractor's Proposal.
Subnut one ( I ) copy of this statement.
L:-.Iame of bidder CABRAL ROOFING & WATERPROOFING COPR.
2.:-.Iame of Material Supplier TREMCO
3.Number of years manufacturing this roof system 15 YEARS
4.Location of wholly owned and operated manufacturing facilities.
Facility TRF.Mr.n J.Tn
Product ~hpP~; ng Rnncl
Street 220 Wicks teed Ave
City Toronto
Facility UliONnN' Pf AN.,.
Product Rurrn!!lC!"'';,. li"T c::
.
Street 3060 E. 44th St.
City
Vernon
State On~:n-; n, C-:an:u":a State C:lIl; fnrn;:II Qonc;a
M4HIG7
% of product used 100 % of product used 100
o
mfg auhis plam 100
Facility FELT PLANT
Product Roofin2 Fel ts
Strcet3361 E 80th St
City Cleveland
State nhi 0 44104
% of product used 100
mfg at this plant 1 00
Facility TRF.IJHAFT PLANT
Product Misc. Caulks
Street Treuhaft Blvd
City Barbourvi 11 e
State Kentuckv 40906
% of product used 100
mfg at this plam 1 nn mfg at this plant 1 nn
5.Submit Material Safety Data Sheets on products to be used.
6.Submit cunent 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 safery. health, fife and building code requirements.
MANUFACTURER'S REP NAME: Jeff Jeffers
PHiFAX: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
The following nems are to be checked and initialed by superintendent/foreman and the list the faxed to manufacturer's representative
O Re-rooCRestoration Project
lilies Ylanagemem
General NOles
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FOS-Oll Re-roof at Various Sites
Contractor Acknowledaement
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.
S;gifJ~
. Dated ., - Z.I-O~
10
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FOS-OII 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.
8IS W. OLYMPIC BLVD
MONTEBELLO. CA 90640
F~: 323-832-9300
IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW:
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F05-011 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 / 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
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: .J 0
&l~
AUTHORIZED SIGNATURE:
FOS-Oll 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 OLYHI!.lC. BLVD, MONTEBELLO CA 90640
5;9001'''' of b;d~-/ __/{ -e,~ r-
_// (
MONTEBELLO, CALIFORNIA
Place of Residence
Subscribed and sworn before me this
,200'1'
Notary Public in and for the County of
7 7/1 day of ,7"" 7
Ccs //'"/'o<:. (....f , State of California.
7 ,20~.
My commission expires /--1 d v'
I
#-tk~ /;
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l@M,.,M,:':';";'1
Commission' 1410185
- -. Notary Public . California ~
. Los Angeles County
MyComm EXlliresMav 7. 2007
~ SAFECO
SAFECO Insurance Company
PO Box 34526
Seattle. WA 98124.1525
FIRST NATIONAL SURETY
~o BOND
~ forms ','11th The American Institute of
hitects. >..I.A. Document No. A-3l0
K:'OIl \1. ij", 1I1CSE PRESENTS. That we. Cabral Roofino & Waterproofinq Corporation
as Principal. hereinafter called the Principal.
and Ih.' Fi=<ST NATIONAL INSURANCE COMPANY OF AMERICA
of 2677 N Main Street. Suite 600. Santa Ana, CA
, a corporation duly organized under
the 11.1\\'; lIt" ",ill: Stall.' of Washington
. as Surety. hereinafter called the Surety, are held and lirmly bound unto
City of San Bernardino
as Obligee, hereinalier called the Obligee.
in the ,UIll "I Ten Percent of the Total Amount Bid - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - ---
Dollar, IS 10%------------ ) . for the payment of which sum well and truly to be made, the said Principal and the said
Suret). bind "urselves. our heirs. executors. administrators. successors and assigns. jointly and severally, linnly by these presents.
, WHERL\~. Ihe Principal has submitted a bid for Reroof at Various Sites
: OF-aS-all
,
NO\\. TIIFI(EFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee
in aCCl)rd~IIH.:.:: with Ihe terms of such bid. and give such bond or bonds as may be specified in the bidding or Contract Documents with
good ;lIld su!ticienl surety for the faithful perfonnance of such Contract and for the prompt payment of labor and material furnished in
the pn'secullon thereof. or in the event of the failure of the Principal to enter such Contract and give such bond or bonds. if the
Principal .h;1I1 pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said hid and such
larger ;lIl111,n,t for which the Obligee may in good faith contract with another party to perfonn the Work covered by ,,;id bid, th~n this
obligation shall be null and void. otherwise to remain in full force and effect.
Signl:d :lI1d "~D.led (his
25th
day of
June
:;:004
\Vitness
(Seal)
t Principal
~\:>m\ ~iu Oml.L,~
Title
Witness
FIRST NATIONAL INSURANCE COMPANY OF
AMERICA
{ By . j;p~~ G.:~;?L.ttt.L
Rosa E. Rivas Attorney-in-Fact
o
:;.,:::-'54 F~E;; '~'I';'
~ A registered traaemark of SAFECO Corporatlor
FR'
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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 01
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.
A~ this time there is no premium change resulting from this Act.
S..a248/GEEF 2103
FRP
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
o
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S:ate 'Jf _-alifornia
C"::Ur.:l :.: ()r<lng:~
No S9'J':"
01
JUlle 25 2004
DATE
before me. Lourdes Landa. Notary Public
NAME. TITLE OF OFFICER. E.G. "JANE DOE. NOTARY PUBLIC"
pe:s.:na: .I appeared "'* '" ******** ."'.*.*....*..*.* Rosa E. Rivas......-.- ....******....*. *... ... .*.***
NAME(S) OF SIGNER(S)
~ oers:nally known to me - OR - D
,r---~L()l;RDES LAN';;;-I~
1111 @ ~.._. COMM. # 1458295 ~
~ . NOTARY PUBLIC CAuFORNIA 0
~ .. '. ORANGE COUNTY ~
1L::' ;4'V ~~~XPlres o~. ~3: 2~O~ 1:
~.-...
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 authori d capacitY{ies), and that by his/her/their
signature{s) on tpe instrume[.ll'the person(s), or the entity upon
behalf 07the pers (s) acted, executed the instrument.
WI NESS and and 0
,/ //
/,/
1/
OPTIONAL
SIGNATURE OF NOTARY
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
[J INDIVIDUAL
o CORPORATE OFFICER
TITlE(S)
o
~
o
o
o
B
LIMITED
GENERAL
PARTNER{S)
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IESJ
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S..W6i;GEEF : 98
e 1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave.. P.O_ Box 7184. Canoga Park. CA 91309-7184
~SAFECO.
~~
POWER
OF ATTORNEY
FIRST NATIONAL INSURANCE COMPANY OF AMERiC;'
PO BOX 34526
SEATTLE. 'NA 98124.1526
l'1RST NATIONAL SURETY
PO BOX J~5:!h
OEATTlEoWA 9XI1-l-1;111
KNOW ALL BY THESE PRESENTS;
No. 81)63
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA. a Washington corporation. does hereby appOtnt
.....uu.....rOIl~ ~[01\ROF.: WILLIAM R. CLRTIS: JLDY A. GRAI\iDLSK Y: LOLRDES L\f'\DA; ROS,\ E. RI\',\S. ECGE:\E T. ZO~DLO: rr\'lllc.l-;Ihli)m'a~""''''''''..
its true and lawful attorney(sHn-fact. with full authonty'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 WH~REOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 20th
day of February
. 200J
~k fA'-~\ck-
CHRISTINE MEAD. SECRETARY
MIKE MCGAVICK. PRESIDENT
CERTIFICATE
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 operations. shall each haye authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to
Oecute on behalf of the camp_any fidelity and surety bondS and other documents of Similar.character issued by the company in the course of its business... On any
trument 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 1M 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
(ii} A copy of the power-of-attomeyappointment, executed pursuant thereto. and
(iii) 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.M
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 therelo. are true and correct. and that both the By-Laws. lhe
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 seat of said corporation
this
25th
day of
June
2004
o
CHRISTINE MEAD. SECRETARY
S-104g'FNEF 7,'98
@A registered trademark of SAFECO Corporal1on
0212012003 PDF
Exhibit "8"
AGREEMENT FOR SERVICES
o
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 SCR Group, Inc., dba Southern California Roofing Company, hereinafter referred to as
"CONTRACTOR".
WITNESSETH
WHEREAS, City desires to engage a roofing contractor for the replacement of the roofs at Fire Station
22 I and Fifth Street Senior Center in the City of San Bernardino, California; 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
o
Contractor shall perform those services specified in the attached quotation, dated July 20, 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. CHANGESIEXTRA 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.
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Exhibit "B"
5. COMPENSATION
A.
Upon satisfactory completion of the work, the Contractor will be paid time and material
not to exceed $282,000.00 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 ofthe 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 (\ 0) 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.
2
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Exhibit "8"
8.
COMPLIANCE WITH CIVIL RIGHTS LA WS
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 "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
v,Titing when it becomes aware of any event or circumstances for which it claims or may claim
an extension.
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Exhibit "8"
II.
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
Bruce Khouri
Southern California Roofing Company
9623 Imperial Highway
Downey, CA 90242
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 lOllS, 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, subconsuItant, 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
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Exhibit "8"
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 shaiI 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 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.
5
o
o
o
Exhibit "8"
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 viritten or oral, with respect to the subject matter thereof. This Agreement may
be amended only by written instrument signed by both parties.
III
III
6
Exhibit "B"
OREEMENT FOR Services with SCR Group, Inc., dba Southern California Roofing Company
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
SCR Group, Inc., dba
Southern California Roofing Company
BY:
Signature
o
NAME:
TITLE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
IJh_.~
. r ~ -p
III
III
o
7
NAMErfELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE Bruce M. Khouri
o
REQUEST FOR QUOTES:
DESCRIPTION OF RFQ:
BIDDER'S NAME/ADDRESS:
o
o
F05-011 Re-roofat Various Sites
EXHIBIT 1
(C~tPY
PRICE FORM
RFQ F_05-011
Re-Roof at Various Sites
SCR GrouP, Inc.dba southern california Roofing company
9623 Imperial Highway
~
(562) 803-5583
CO~y
.06-,3-2004 15:33
Fro.-Ct\Y of San Barnardtno Ftnanca\PurchaStl +9093945043
;-491 p OOl/DOi ,-,. .
page 6 of 8
~",,",, ., F05.o11 "..mol ,16 S""
~VISED PRICE SHEET-O/23/04
1}
BoyS and Girls Club
A) _ Fo""" .,d ,",tall _'" "",flo, "" """" ",,,,,,,,ems to e;tv of S., Be,,''''''''
fo' mol ...,1", ,;sled '0 the S",pe m WO~ ",d Spea"""o", to the Boy', ,od Girl,' elld>'
lump sum:
1180 West 9th Street
$ 44,000.00
_; in words: Forty Four Thousand & 00/100 Dol~ars
2}
Carousel Mall
COMB'NED B'D. Fo""" sod .,ta' "..;fed """'" ,," le~led ",,,,,,,,,,,,,, to the e;tv Of
S'" _a"""" ,,, ,ert""".' a """"tete ...~~meof 01 the Gal00"" Mall p,"moo'" Ro""
#4. #9 and #14. LUMP SUM:
295 carousel Mall
$ 372,000.00
B'D ALTERNATE ". Fom"" aod ,_" apecifed rnofmg "'" ,e1,led ",,,pooe"" to me e;tv
Of San Be,,'''''''o 101 pert"""'" a --'... _mem 01 00" the earno"" M,lI
Penthouse Roof #4. LUMP SUM.
; in words: Three Hundred seventy TwO Thousand & 00/100 Dollars
$158,500.00
Includes asbestos remediation of flashing (roof) perimeter Base
BfD ALTERNATE #2. Fo""" and ""tall ...cilled """'" aod ,dol" ",,",,0,",," to the e;tv
Of S'" _a"""" toe ,"'"""'og , """,\el' ",I""""" 01 ooly m' e""",,,1 Mall
Penthouse Roof #9. LUMP SUM.
,in words: one Hundred Fifty Eight Thousand .Five Hundred & 00/100
Dollars
o
$ 62,500.00
BID ALTERNATE .:" Fomi'" aod ",tall_" """''' aod "",led ",,,,,,,,""0" to the e'ly
Of S'" Be"''''''''' to, ,"""""'0' ' """,lete ",,_f 01 ooly me e"oo",f Mall
Penthouse Roof #14. LUMP SUM.
; in words: sixty TWO Thousand Five Hundred & 00/100 DollarS
$ 158,500.00
Includes asbestos remediation of flashing (roof) perimeter Base
; in words: one Hundred Fifty Eight Thousand .Five Hundred & 00/100
Dollars
o
BfD ALTERNATE #4. Pe. ",,,,ndO" 1 ' P.~Id' ., odd"" 'Id ,ri<e '" -- , 0'"
,he" _, "'"'" ,Id' _" "" the ....."" meta' <<<"og, WIS' the H'peton '''''
flashing up and over the existing metal coping under the new coping. LUMP SUM.
$ 11,000.00
; in words: Eleven Thousand & 00/100 Dollars
0/-,3-/004 15:34
From-City of San Bernardino f,nan,e'"r,na". .,U';i4,U4;
j-4111 t' \,11.111 Ui,I" r-ol I
Addendum #1
F05-011 Re-roof at 6 Sites
page 8 of 8
Required for both Re-roofing and Restoration Alternative:
o BID ALTERNATE #3: Per Addendum #1 Provide an additive bid price for installing an extra
pressure treated wood nailer of up to 4"X 4" by 1 O' long at the north end of the existing curbs to
allow for the termination of the new base flashings at the height required for warranty
acceptance by the roofing system manufacturer. LUMP SUM:
$ 1,000.00
; in words; One Thousand & 00/100 Dollars
6)
police Department - Bldg. "8"
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:
$ 239,000.00
; in words: Two Hundred Thirty Nine Thousand & 00/100 Dollars
SID ALTERNATE #1: Per Addendum #1 Provide a deductive Alternate bid to re-use the
existing foam coated HVAC ductworks. LUMP SUM:
$ 6,000.00
; In words: Six Thousand & 00/100 Dollars .
o
UNIT PRICE BID ITEM: Localized replacement of existing wood deck - $ 3.00
per sq.ft.
o
o
o
o
FOS-Oll Re-roof at Various Sites
Contractor AcknowledQement
Bruce M. Khouri , 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,
Signed~.
, Dated July 20,.2004
Khouri, President
o
o
o
FOS-Oll Re-roof at Various Sites
Are there any other additional or incidental costs that will be required by your m in
order to meet the requirements of the Technical Specifications? Yes / No'
(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~
No . (circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFO close date.
Terms and conditions as set forth in this RFO apply to this bid.
Cash discount allowable 1 % 10 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 RFO, Below, please
indicate all Addenda to this RFO 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:
Roc~'" o~~
AUTHORIZED SIGNATURE:
o
o
o
FOS-O II Re-roof at Various Sites
PRINT SIGNER'S NAME AND TITLE:
Bruce M. Khouri
President
DATE SIGNED:
July 20, 2004
COMPANY NAME & ADDRESS:
SCR Group, Inc. dba Southern California Roofing
Company
9623 Imperial Highway
Downey, CA 90242
PHONE: (562) 803-5583
FAX: (562) 803-3934
IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW:
o
o
o
F05-01 I 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 SCR Group, Inc. dba Southern California Roofing
Company
Business Address
1m erial Highway, Downey, CA 90242
Signature of bidder X
B . Khouri, President
9623 Imperial Highway, Downey, CA 90242
Place of Residence
Subscribed and sworn before me this 20th
day of
July
,20~.
Notary Public in and for the County of Los Angeles
, State of California.
My commission expires
August 28
,20~.
J~-~~::-J
j~-'_-_ I
_ _ _ ~~-;;~~ t
o
o
o
,.._w...
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 made 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 III copy of this statement.
1. Name of bidder SCR Group, Inc. dba Southern California Roofing Company
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.
Facility Tremco Ltd
Product Sheetinq Bond.
Tremprime WB, Tremlastic
Street 220 Wicksteed Av
Ci ty Toronto
State Ontario. Canada M4H1G7
Facility Vernon Plant
Product Burmastic. ELS.
Polyroof, Premium III; IV
Street 3060 E. 44th st.
Ci ty Vernon
State Califonia 90058
% of product used manufact-
ured at this plant 100
% of product used manufactured
at this plant 100
Facility
Product
Street
City
State
Felt Plant
Roofina Felts
3361 E. 80th st.
Cleveland
Ohio 44104
Facility Treuhaft Plant
Product Misc. Caulks.
Street Treuhaft BId
City Barbourville
State Kentuckv 40906
% of product used manufact-
ured at this plant 100
% of product used manufactured
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 will meet all local
and state safety, health, fire and building code requirements.
c
S'ale Of California @
n,.. CONTRACTORS STATE lICENSE BOARD "-.
"^-=-. ACTIVE lICENSE
c_
.\1JWn '.
678741 ,." CORP
l.'........_
~_..... SCR GROUP INC DBA SOUTHERN
CALIFORNIA ROOFING COMPANY
,.............',
B C39 C46 HIC
-......
te'
- ,--,.. 10/31/2005
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Ant changlt of~s lIddressIMrM ~Ibefeportlld b", R<lgistar witin to.s,
This ICMM is.... __11ft.... Mid..... .. r.twMd.. ... A.gis..
upoft OIoMMd....n............ ......... 01 inwalidli....... My Mason.
This podIel Ql'd rs .. ltWeugh .. ..~lion dltte ontr
U bn:J. drop In .. m.1:lo1
Pos~ lJIIa'anfMd br
Con"ztots StMt Uc.ns. SoMa
po. 90. 26000
Sacram....fo. CA !SIZ6
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 9 -f)-04 Item # 'Z.2.. Resolution # 'ltcA - Z ~
Vote: Ayes 1- 5 I 'l Nays ld- Abstain (., Absent &
Change to motion to amend original documents 0 Companion Resolutions
NulVVoidAfter: <co days/ ll-%,~Lj
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: <1 -<1 -() 'I
Date of Mayor's Signature:
Date ofClerk/CDC Signature:
Reso. Log Updated:
Seal Impressed:
g-
O
Date Memo/Letter Sent for Signature:
1st Reminder Letter Sent:
~-\O-()~
~
~-3J-<Yt~ ~
Date Returned: --.3- \ 1-04 Not Returned: 0
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes~ No By
Updated Prior Resolutions (Other Than Below): Yes No / By
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No-L By
Updated CDC Personnel Folders (5557): Yes NO+ By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No y-
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities er Parks & Recreation 0
City Attorney g- Finance 0" Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others: 3
Notes:
Date:
0)
Ready to Fil :
Revised 12/18/03
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. . CITY CLERK
300 NorUI "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.cLsan-bernardino.ca.us
'"
September 10, 2004
Mr. Tim Cabral
Cabral Roofing & Waterproofing Corp.
815 W. Olympic Boulevard
Montebello, CA 90640
Dear Mr. Cabral,
At the Mayor and Common Council meeting of September 7, 2004, the City of San Bernardino
adopted Resolution 2004-285 - Resolution authorizing the execution of a contract with and
issuance of a purchase order to Cabral Roofing & Waterproofing Corp. in the amount of
$106,017 for the implementation of the City of San Bernardino Re-roof at Various Sites Project
per RFQ F-05-011.
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 November 8, 2004.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
<jJz vie ;~(c Jr-
Michelle Taylor j
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
,
OFFICE OF THE CITY CLERK
R<cHEL G. CLARK, C.M.C. . CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.cLsan-bernardino.ca.us
SM
September 10, 2004
Mr. Bruce Khouri
Southern California Roofing Company
9623 Imperial Highway
Downey, CA 90242
Dear Mr. Khouri,
At the Mayor and Common Council meeting of September 7, 2004, the City of San Bernardino
adopted Resolution 2004-285 - Resolution authorizing the execution of a contract with and
issuance of a purchase order to SCR Group, Inc., dba Southern California Roofing Company in
the amount of $282,000 for the implementation of the City of San Bernardino Re-roof at Various
Sites Project per RFQ F-05-011.
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 November 8, 2004.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely, . ../
II,' ',., f .. di
" (f..... / ~ ( ,t " j, /1 /--
It /'. .,,'/J '"' (-, ',___'"
Michelle Taylor'
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
,
.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 20, 2004
TO:
James Sharer, Director of Facilities Management
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-285 - Cabral Roofmg & Waterproofmg Corp.
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the agreement with Cabral Roofing & Waterproofing Corp.,
for the implementation of the City's Re-roof at Various Sites Project per RFQ F-05-011. The
original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
Saa..... l:aIiIamia
Haaling Campa,
"When A Quality Roof Really Counts"
September 27,2004
City Clerk's Office
Attn: Ms. Michelle Taylor
P.O. Box 1318
San Bernardino, CA 92402
Re: Agreement for Services - RFQ F-05-011
Fire Station 221 and Fifth Street Senior Center
San Bernardino, CA
Dear Ms. Taylor:
Enclosed please find the above referenced fully executed agreement. Certificates of
insurance have been sent under separate cover.
We appreciate this opportunity to do business with the City of San Bernardino, and are
confident you will be pleased with the quality workmanship and overall professionalism
of Southern California Roofing Company.
Should you have any questions, please direct them to the following personnel:
1. Mike Wolfe, Project Superintendent @ 562/803-5583
2. Melissa Carey, Construction Administration @ 562/803-5583
Again, thank you for the opportunity you have afforded Southern California Roofing
Company.
Sincerely,
~A""~
Dallys darkson
Contract Coordinator
Southern California Roofing Company
Ide
Ene.
9623 Imperial Highway, Downey, CA 90242 . 562/803-5583 800/537-1402 Fax 562/803-3934 . SCR Group, Inc. SLf 678741
,
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 30, 2004
TO:
James Sharer, Director of Facilities Management
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-285 - SCR Group, Inc.
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the agreement with SCR Group, Inc., for the implementation
of the City's Re-roof at Various Sites Project per RFQ F-05-011. The original agreement is on
file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.