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HomeMy WebLinkAbout20-Facilities Management , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION OR\G\NAL Subject: Resolution authorizing the execution of a contract with and issuance of a purchase order to Cabral Roofing & Waterproofing Corp. in the amount of$281,794,00 for the replacement of two roof sections at the Carousel Mall per RFP F-05-011. From: James Sharer, Director Dept: Facilities Management Date: September 14, 2004 MlCC Meetin2 Date: October 4, 2004 Synopsis of Previous Council Action: 9/07/04 2004-285 Resolution authorizing the execution of a contract to Southern California Roofing and Cabral Roofing to Re-roofFire Station #221, 5th Street Senior Center, Section "A" of Police Building "B" and restoration work at the Boys and Girls Club. Recommended Motion: Adopt Resolution Contact person: James Sharer d ames W. Sharer Director of Facilities Mana ement Phone: 384-5244 Supporting data attached: Staff Report, Resolution Ward(s): 1 FUNDING REQUIREMENTS: Amount: $300,000.00 Source:: Central City Bond Proceeds. ..J2e':O~~- c31 \ Council Notes: lJ(~&(u6- ~j~ ';f( Barbara Lindseth Director of Finance Agenda Item No. :)0 I () ILI/ Otj CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution of the Mayor and Common Council of San Bernardino to authorize the execution of a contract with and issuance of a purchase order to Cabral Roofing & Waterproofing Corp. in the amount of $281,794,00 for the replacement of two roof sections at the Carousel Mall per RFP F-05-011. BACKGROUND The Economic Development Agency of the City of San Bernardino is the owner of the common areas of the Carousel Mall, located at Second Street and F Street. As part of the Reciprocal Easement Agreement (REA), dated December 24, 1970, the City as lease is responsible for maintenance and repair of the building systems that operate this area. The area has approximately 150,000 square feet of roof space that is now thirty four years old and not able to function at its original design levels. The roof has been broken down into fourteen areas and has been inspected. To date, one roof section has been replaced and numerous repairs have been made to all other sections. The two largest sections are located over the two mall courtyards, where the Carousel ride and the former train ride were located. These roofs have exceeded their useful life's and require replacement to protect the structural integrity of the facility. Request for Quotations #RFQ F-05-011 was mailed to thirteen vendors, the San Bernardino Chamber of Commerce, advertised in the Sun newspaper, and placed on the City Website. Four bids were received on July 21,2004. Marsha Zeller, Purchasing Manager, and David Taylor, Project Manager reviewed the bids. The request to award the Carousel Mall scope was deferred pending funding. Subsequently, a $300,000 budget has been funded through the EDA to allow for two roof sections at the Carousel Mall to be replaced. Four roofing contractors submitted bids to perform the work: Contractor Carousel Mall Bid Qerestory #4 & #14 $281,794.00 $297,600.00 $317,000.00 $330,000.00 1. 2. 3. 4. Cabral Roofing Reycrest Roofing Southern Califomia Roofing Best Roofing The lowest single total bid for the desired Carousel mall alternatives is $281,794.00 from Cabral Construction. Staff also requests a contingency budget of $18,206 (5%) making the total budget $300,000. FINANCIAL IMPACT The Economic Development Agency (EDA) is the owner of the common areas of the Carousel Mall. Funds for this work will come from the unencumbered balance of the Central City Bond Proceeds. There are no funds from the City used on this project. RECOMMENDATION Adopt Resolution lO o o 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A 3 CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO CABRAL 4 ROOFING & WATERPROOFING CORP. IN THE AMOUNT OF $281,794 FOR THE REPLACEMENT OF TWO ROOF SECTIONS AT CAROUSEL MALL 5 PER RFQ F-05-01I. 6 7 8 9 10 11 12 13 14 15 16 17 18 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. Cabral Roofing & Waterproofing Corp. is the lowest responsive bidder for the replacement of two roof sections at Carousel Mall per RFQ F-05-011. A contract is awarded accordingly to Cabral Roofing & Waterproofing Corp. in a total amount of $281,794 with a total project contingency amount of $18,206. Such award shall be effective only upon said contracts being fully executed by all parties. The Mayor is hereby authorized and directed to execute said contracts on behalf of the City; a copy of the contract is attached hereto as Exhibit A, and incorporated herein. The Purchasing Manager is hereby authorized and directed to issue a purchase order that references this resolution to said Contractor in the total amount of$281,794.00. SECTION 2. Any amendment or modification thereto shall not take effect or 19 become operative until fully signed and executed by the parties and no party shall be 20 21 22 23 24 25 26 27 28 obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of this resolution. IIIII IIIII No, :J tJ /D/ljoy o o o 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A 2 CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO CABRAL 3 ROOFING & WATERPROOFING CORP. IN THE AMOUNT OF $281,794 FOR THE REPLACEMENT OF TWO ROOF SECTIONS AT CAROUSEL MALL 4 PER RFQ F-OS-Oll. 5 6 7 8 9 10 11 12 13 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of following vote, to wit: ,2004, by the Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGIl','NIS DERRY 14 KELLEY 15 JOHNSON 16 17 18 19 20 21 McCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of ,2004. Judith Valles, Mayor City of San Bernardino 22 23 Approved as to form and legal content: 24 25 26 27 28 ,p~ es F. Penman, City Attorney Exhibit "A" o AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this of 2004, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and Cabral Roofing & Waterproofing Corp., hereinafter referred to as "CONTRACTOR". WITNESSETH WHEREAS, City desires to engage a roofing contractor for the replacement of two roof sections at the Carousel Mall in the City of San Bernardino; and WHEREAS, Contractor is a licensed roofing contractor qualified to provide said services; and WHEREAS, San Bernardino City Council has elected to engage the services of Contractor upon the terms and conditions as hereinafter set forth; and NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES o Contractor shall perform those services specified in RFQ F-05-011, Reroof at Various Sites, dated June 14,2004, on file in the City's Facilities Management Department, and in the attached quotation, dated July 21, 2004, and proposed costs, a copy of which is attached hereto as Exhibit "I", and all of which are incorporated herein as though set forth in full. 2. TERM OF AGREEMENT Contractor shall commence within five (5) days after the City has authorized work to start by issuance of a Notice to Proceed. 3. STANDARD OF PERFORMANCE Contractor shall complete all work in conformance with Federal, State, and local regulations and industry standards. 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the attached quotation are made an obligation of Contractor under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be considered as additional tasks and shall be incorporated by written amendments to this Agreement and include any increase or decrease in the amount of compensation due Contractor for the change in scope. Any change, which has not been so incorporated, shall not be binding on either party. 10 I 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. o o c Exhibil"A" 5. COMPENSA nON A. Upon satisfactory completion of the work, the Contractor will be paid time and material not to exceed $281,794.00 in arrears, for all work and services performed under this contract and upon receipt of itemized invoices, submitted in triplicate to the contract manager. The invoice amount will be based on the actual work performed by task. Contractor will submit an invoice to the City upon completion of the project. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. City and Contractor shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Contractor. Any adjustment of the total cost of services will only be permitted when the Contractor establishes and City has agreed in writing that there has been, or is to be, a significant change in: I. Scope, complexity, or character of the services to be performed; 2. Conditions under which the work is required to be performed; and 3. Duration of work if the change from the time period specified in the Agreement for completion of the work warrants such adjustment. C. The Contractor is required to comply with all Federal, State and local laws and ordinances applicable to the work. The Contractor is required to comply with prevailing wage rates in accordance with California Labor Code Section 1770. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted by Contractor to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Contractor within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within (10) days of notice of such dispute. All tasks as specified in Exhibit "I" shall be completed prior to final payment. B. No payment will be made for any work performed prior to approval of this contract by City and Notification to Proceed. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Facilities Management of City, or his designee, shall have the right of general supervision over all work performed by Contractor and shall be City's agent with respect to obtaining Contractor's compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Facilities Management or his designee. 2 10 o o Exhibit "A" 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Contractor hereby certifies that it will not discriminate against any employee or applicant for employment because ofrace, color, religion, sex, marital status, age, handicap or national origin. Contractor shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. 9. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following the date of such notice within which to correct the substantial failure, giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Contractor for all the fees, charges and services performed to City's satisfaction by Contractor, which finding of satisfaction shall not be unreasonably withheld. Contractor hereby covenants and agrees that upon termination of this Agreement for any reason, Contractor will preserve and make immediately available to the City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents, other than their originally intended use, shall be at the sole risk of the City, and the City agrees to hold harmless and indemnify Contractor from any claims, losses, costs, including attorney's fees and liability arising out of such use. Contractor shall be compensated for such services in accordance with Exhibit" I ". B. This Agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Contractor. Upon such notice, Contractor shall provide work product to City, and City shall compensate Contractor in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. 10. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Contractor, Contractor fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Contractor such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Contractor shall notify City within three (3) days in writing when it becomes aware of any event or circumstances for which it claims or may claim an extension. 3 o o o Exhibit "A" 11. INDEPENDENT CONTRACTOR Contractor shall act as an independent contractor and shall not be considered an employee of the City in the performance of the services provided for under this Agreement. Contractor shall furnish such services in its own manner. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between Contractor and the City. 12. ASSIGNMENT OR SUBCONTRACTING Contractor shall not assign this Agreement, or any portion thereof without the written consent of City. Any attempt by Contractor to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Contractor and City: CONTRACTOR CITY Tim Cabral Cabral Roofing & Waterproofing Corp. 815 W. Olympic Blvd Montebello, CA 90640 Jim Sharer Director of Facilities Management 300 N. "0" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Contractor may reasonably rely upon the accuracy of data provided by the City or its agents. B. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in the City and no further agreement will be necessary to transfer ownership to the City. C. For the purpose of determining compliance with Public Contract Code Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the Contractor, subconsultant, and the City shall maintain all the books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The State, the State Auditor, or any duly authorized 4 o o o Exhibit "A" representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Contractor that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 15. HOLD HARMLESS CLAUSE A. Contractor shall indemnify, defend and hold free and harmless the City, its officers, and its employees from all claims, damages, costs, expenses, and liability, including, but not limited to attorney's fees, imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by City, its officers, employees, agents, and other duly authorized representatives, of programs or processes supplied to City by Contractor under this Agreement. B. The prevailing party in any legal action to enforce or interpret any provision of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expense of the City Attorney and members of his office, in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. 16. INDEMNITY Contractor shall indemnify, defend and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third parties, which arise from Contractor's negligent performance of services under this Agreement. Contractor shall not be responsible for, and City shall indemnify, defend, and hold harmless Contractor from and against, any ~d all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from the City's negligent performance under this Agreement. With respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Contractor and City, each party shall assume responsibility in proportion to the degree of its respective fault. 17. LIABILITY IINSURANCE Contractor shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Contractor shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Contractor performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty-(30) days written notice from the insurer to the City prior to any change or cancellation of any insurance policy of the Contractor. 5 Exhibit "A" (0 A. Comprehensive General Liabilitv and Automobile Insurance. The Contractor shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Worker's Compensation Insurance. The Contractor shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Contractor. 18. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and affect, and to this end the provisions of this Agreement are declared to be severable. 19 ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, . understandings, and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument sigI'ed by both parties. o III III o 6 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 o NAME: TITLE: Approved as to form and legal content: JAMES F. PENMAN City Attorney .f. III III o 7 o o '0 EXHIBIT 1 F05-011 Re-roof at Various Sites PRICE FORM COj:)y REQUEST FOR QUOTES: RFQ F-05-011 DESCRIPTION OF RFQ: Re-Roof at Various Sites BIDDER'S NAME/ADDRESS: CABRAL ROOFING & WATERPROOFING CORP 815 W OLYMPIC BLVD KONTEBELLO CA 90640 NAMElTELEPHONE NO. OF AUTHORIZED REPRESENTATIVE DECIDERIO CABRAL, VICE PRESIDENT (323) 832-9100 . j~-Z!-Z::~ :::A Fr;:-"t, ,f ;an Sornardino Financo\P"rc~asIC .8083845043 T-500 P.DOi/DD9 F-;71 Aaoenc"-:7: ~~ F05-011 Re-roof at 6 Sites page 6 of 8 --".:IC::::"'1 ~=lr~ ~H==- f'!>.2~/04 10' ~-_. . ~- ~ .__1-'31 .) 1) :O'fS and Girts C:ub 1180 West 9'" Street -'.. - Furnish anti Instail specified roofing and related components to City of San Bernardino ::r rcof repairs listed in the Scope or Work and Specifications to the Boy's and Girls' Club - L~rr.o Sum: S 28,197.00: inwords:TWENTY EIGHT THOUSAND ONE HUNDRED N~NETY-SEVEN 1lm.4/t88 2) Carousel Mall 295 Carousel Mall COMBINED 81D: Furnish and install specified roofing and related components to the City Of San Bernardino for performing a complete replacement of the Carousel Mall Penthouse Roofs #4, #9 and #14. LUMP SUM: S 339,963.00 . inwards: THREE HUNDRED THIRTY NINE THOUSAND,NlNE HUNDRED SIXTY-THREE . DOLLARS AND 01100 81 D ALTERNATE #1: Furnish and install specified roofing and related components to the City Of San Bernardino for performing a complete replacement of only the Carousel Mall Penthouse Roof #4. LUMP SUM. o $ 140,897.00 : in words: ONE HUNDRED FORTY THOUSAND EIGHT Hl!NDRED NUlETY-SEVEN DOLLA AND 0/100 Inc!udes asbestos remediation of flashing (roof) perimeter Base BID ALTERNATE ff2: Furnish and install specified rOofing and related components to the City Of San Bernardino for performing a complete replacement of only the Carousel Mall Penthouse Roof#9. LUMP SUM. $ 58,169.00 : in words: FIFTY EIGHT THOUSAND ONE HUNDRED SI.XTY-NlNE DOLLARS AND 011 BID ALTERNATE #3: Furnish and install specified roofing and related components to the City Of San Bernardino for performing a complete replacement of only the Carousel Mall Penthouse Roof #14. LUMP SUM. $ 140.897.00 ; in words: ONE HUNDRED FORTY THOUSAND EIGHT lI1JNDRED NINETY-SEVER DOLL AND 0/100 Includes asbestos remediation of flashing (roof) perimeter Base o BID ALTERNATE #4: Per Addendum 1 - Provide an additive bid price for installing a new sheet metal coping side fastened into the existing metal coping. Wrap the Hypalon base flashing up anti over the e.:'Cisting metal coping under the new coping. LUMP SUM. : in words: FOURTEEN THOUSAND TWO HUNDRED FORTY-SIX DOLLARS AND 0/100 S 14,246.00 .~6-l3.~ZDD4 15:.4 Frcm-Cily of San Sornard.n. Finan.o\F,r.ha.li +909,,4,043 T-SOD P JDS/DD, F-;;; Addendum #1 F05-011 Re-roof at 5 Sites page 7 of 8 Ie 3) 4) o 5) 1 I Ie I I I , UNIT ?RICE BID ITEM: Lightweight C,Jncrete i Gypsum decK fill .epair - S per sq.ft. 14.00 CID aoaB Palm Lane Furnish and install related components to City of San 8ernardino for roof repairs listed in the Scope or Work and Specifications to lhe CiD Facility. Lump Sum: $ 15,744.00 ; in words: FIFTEEN THOUSAND SEVEN HUNDRED FORrY-FOUR DOLLARS AIll? 0/100 5'" Street Senior Canter 600 West Fifth Street BID ALTERNATE #1: Furnish and instail specified roofing and related components to City of San Bernardino for re-roofing all of the roofs of1he Fifth Street Senior Center. LUMP SUM: . in words:ONE HUNDRED THIRTY FOUR THOUSAND TW~ HUNDRED THIRTY-EIGHT . DOLLARS AND 0/100 UNIT PRICE BID ITEM: Lightweight Concrete I Gypsum deck fill repair _ $ 14.00 per sq. ft. Includes asbestos remediation $ 134,238.00 Fires Station #221 200 East Third Street Re-roofing Alternative BID ALTERNATE #1: Furnish and install specified roofing and related components to City of San Bernardino for re-roofing all of the roofs of the Fire Station #1. LUMP SUM: $ 187,316.00 ; in words: ONE HUNDRED EIGHTY SEVEN THOUSAND THREE HUNDRED SIXTEEN DOLLARS AND 0/100 14.00 UNIT PRICE BID ITEM: Lightweight Concrete / Gypsum deck fill repair - $ per sq.fl:. Includes asbestos remediation Restoration Alternative BID ALTERNATE #2: Furnish and install roofing labor, materials and supelVision to The City of San Bernardino for roof repair and restoration work on all roofs at Fire Station #1. LUMP SUM: $ 17.153.00 : in words: SEVENTY SEVEN THOUSAND ONE HUNDRED FIFTY THREE DOLLARS AND 0/100 06-!:~~~O! :::t4 .' I ", From-City of San Sernardino Finance\Purchasl( +1013845043 T-500 P.OOI/OOI F-i11 ..A.dde!10LiTi :;:i F05-011 Re-roof at 6 Sites page 8 of 8 o RGquired for both Re-roofing and Restoration Alternative: BID':',LTEP-NATE #3: Per Addendum #1 Provide an additive bid price for installing an extra p~e5sure treated wood nailer of up to 4"X 4" by 10' long at the north end of the existing curts to ,,:Ie',', for the termination of the new base flashings at the height required for warranty ac::eptance by ihe roofing system manufacturer. LUMP SUM: s 1,800.00 ; in words: ONE THOUSAND EIGHT HUNDRED DOLLAR~ AND 0/100 6) Police Department - Bldg. liB" 710 North "0" Street A) - Furnish and install specified roofing and related components to the City Of San Bernardino for performing a complete replacement of the Police Department - Bldg. "S" - roofs. LUMP SUM: S 205,677 .00 ; in words: TWO HUNDRED FIVE THOUSAND SIX HUNDRED SEVENTY SEVEN QOLLARS AND 01100 BID ALTERNATE #1: Per Addendum #1 Provide a deductive Alternate bid to re-use the existing foam coated HVAC ductWorks. LUMP SUM: $ 23)750.00 ; in words:TWENTY THREE THOUSAND SEVEN HUNDRED. FIFTY DOLLARS AND 0/100 o UNIT PRICE BID ITEM: Localized replacement of existing wood deck _ $ 4,00 per sq.ft. o OEMENT OF ROOFING MANUFACTURER'S QUALIFICATIONS Each bidder for the work included in the specificanons and dra"ings and the contracl documents shall submit with their bid the data requested in the following schedule of information. This data must be included in and made part of each bid document and contained in the sealed envelope. Failure to comply \\;th this instrUction may be regarded as justification for rejecting the ConlI'actor's Proposal. Submit one (I) copy of this statement. l.Name of bidder CABRAL ROOFING & WATERPROOFING COPR. 2.Name of Material Supplier TREMCO 3.Number of years manufacTUring this roof system 15 YEARS 4.Location of wholly owned and operated manufacTUring facilities. Facilit). TRF.Mr.O T.T1l Product ~h,:l~t';ng Rnntl Street 220 Wicks teed Ave City Toronto Facilit)" U'IO"1UJnU Df.A UT Product Rn_!IQt-;,.. V1 c:: . Street 3060 E. 44th St. City Vernon State Ont'::Ir;nr C~n::lil::l State r.:alif'nrn;::I Qnnli8 K4H1G7 % of product used 100 % of product used 100 mfg at this plant 100 Facility FELT PLANT o Product Roofin2 Felts Street3361 E 80th St mfg at this plant 1 00 Facility TRF.lffiAFT PI.ANT Product Misc. Caulks Street Treuhaft Blvd City Cleveland State Ohi n 44104 % of product used 100 Ci~ Barbourville State Kentuckv 40906 % of product used 100 mfg attbis plant 100 mfg at this plant Ion . 5.Submit Material Safety Data Sheets on products to be used. 6.Submit current independent laboratory results on roofing system that is proposed, prior to award of contract. 7.The proposed roof system to be installed shall meet all local and state safety. health. fire and building code requirem.nts. MANUFACTURER'S REP NAME: Jeff Jeffers PRFAX:909-640-1375 DATE: 7-21-04 PROJECT: CITY OF SAN BERNARDINO - VARIOUS SITES CABRAL ROOFING & WATERPROOFING CORP CONTRACTOR: RE-ROOFING PROJECT PRE-FINAL INSPECTION CHECKLIST tlollo,,;ng items are to be checked and initialed by superintendent/foreman and the list the faxed to manufaCTUrers representative e-roofiRestoration Project Ities ~lanagement General NOles o o o FOS-Oll Re-roofat Various Sites Contractor Acknowledaement I Oeciderio Cabral, Vice President , have read, understand and agreed to comply with all the requirements listed in the technical specifications. I also certify that my company does meet the qualifications listed in the technical specifications. I am authorized to sign this document as a legal representative of my company, S19v~--<2~ ,Dated (- !.I..:....~ o o o F05-011,Re-roof at Various Sites PRINT SIGNER'S NAME AND TITLE: DESIDERlO CABRAL, VICE-PRESIDENT DATE SIGNED: COMPANY NAME & ADDRESS: PHONE: 323-832-9100 07/21/04 CABRAL ROOFING & WATERPROOFING CORP. 815 W. OLYMPIC BLVD MONTEBELLO. CA 90640 FPC(: 323-832-9300 IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: o o o FOS-Oll Re-roofat Various Sites Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Technical Specifications? Yes I No x . (circle one). If you answered "Yes", please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. NONE Have you included in your bid all informational items and forms as requested? YeSlr I No , (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable are: Net thirty (30) days. o % days;' unless otherwise stated, payment terms In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From'time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: 1 Addenda No: Addenda No: Received on: 6-23-04 Received on: Received on: ;; cY~~ AUTHORIZED SIGNATURE: FOS-O II Re-roof at Various Sites o NON - COLLUSION AFFIDAVIT o o TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23. United States Code, Section 112. the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-05-011. Business Name CABRAL ROOFING & WATERPROOFING CORP Business Address 815 W OLYlfi!.IC BLVD, MONTEBELLO CA 90640 s;g"a."eOfb~~/ .)c:- fl.--e ,r-- - ( KONTEBELLO, CALIFORNIA Place of Residence Subscribed and sworn before me this ,20!2Y Notary Public in and for the County of 7 711 day of ....""/&( 7 Los 4,'7-<:' (....f , State of California. 7 , 20-=:2. My commission expires ;1--1 d-)/ Jfj::~_t 4 ( "'" ) - - - ~KE~~~Y~~~ @ CommlSS/On, 1410185 . Notary Public . CallfOmiO ~ . Los Angeles County MyComm. ElCpires Mov7. 7!:1Jl ~ SAFECO IRST NATIONAL SURETY COND rms wIth The American Institute of A itects. A.LA. Document No. A-310 SAFECO Insurance Company PO Box 34526 Seattle. WA 98124.1526 /(,,()\\ \L: iI", TIIESE PRESENTS. That we. Cabral Roofina & Waterproofina Corporation as Principal. hereinafter called the Principal. .lI1d Ih,' FI?ST NATIONAL INSURANCE COMPANY OF AMERICA of 2677 N Main Street. Suite 600, Santa Ana, CA . a corporation duly organized under the la":,, ~lr ~ih.' SW.t!: of Washington . as Surety. hereinafter called the Surety. are held and firmly bound unto City of San Bernardino as Obligee. hereinafter called the Obligee. in the SU111 ,,' Ten Percent of the Total Amount Bid - - - - - -- - -- - - - - - - - - - - - - - -- - - - - - -- -- - -- -- -- - - - - - -- - -- -- Dollars ($ 10%---------- ) . for the payment of which sum well and truly to be made. the said Principal and the said Surety. bind ourselves. our heirs. executors, administrators, successors and assigns, jointly and severally. firmly by these presents, WHEREAS. Ihe Principal has submitted a bid for Reroof at Various Sites 005.011 NOW. TIIEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in aCCllrdance with Ihe terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sullicient surety for the faithful performance of such Contract and for the prompt payment oflabor and material furnished in the proseculion thereof. or in the event of the failure of the Principal to enter such Contract and give such bond or bonds. if the Principal shall pay to the Obligee the difference nOlto exceed the penally hereof between the amount specified in said hid and such . larger a1110'"ll for which the Obligee may in good faith contract with another parry to perform the Work covered by <aid bid. th.:n this obligation shall be null and void. otherwise to remain in full force and effect. Signed ~l1d scaled this 25th day of June ,004 9 Corporation Wimess (Seal) . t Principal ~,,\~n~ ~~ "'iu t>MI~~ Title Witness FIRST NATIONAL INSURANCE COMPANY OF AMERICA { By , -RP~~ &.'I?ci.ltlL Rosa E. Rivas Attorney-in-Fact o .'J2I54FNE!= i ~'f1,<" . A registered trademark of SAFECO CorpofBtior' FRF o o o IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company of America, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States govemment under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism'that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 S:atE ')i '~Jlilomia C,:)ur::j ~~ Ornngt: o~ June 25 2004 DATE before me, Lourdes Landa. Notary Public NAME. TITlE OF OFFICER. E.G.. "JANE DOE. NOTARY PUBLIC" perscna::j appeared '" '" '" '" ..***.* '" ... '" '" '" '" ... .... '" Rosa E. Rivas"'.. '" ........ ............. '" .... ..... _.. NAMEIS) OF SIGNERIS) ~ cers::;nally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me t he/they executed the same in his/her/their author" capaci (ies), and that by his/her/their signature(s) on t instrumept'the person(s), or the entity upon behalf of whi the pers (5) acted. executed the instrument. '1' , - .,' '~OU'RDE~ LA~DA I~ , ~ COMM.' 1458295 ~ ~ . NOTARY PUBLIC CAUFORNIA 0 i .' ORANGE COUNTY '" 11 My com~:,,"res Dec.~: ~II1Jt .. .... - SIGNATURE OF NOTARY // OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITlEIS) 8 LIMITED GENERAL o t8I o o o ATTORNEY-iN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON!S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S";O.6iIGEEF ::98 C '993 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAve.. P.O. Box 7184. Canoga Park. CA 91309-7184 '. ~ 5 A FEe O' POWER OF ATTORNEY FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX 34526 SEATTLE. WA 98124.1526 FIRST NATIONAL SURETY OBOX J4526 lTLE. \VA 9KIH-152b KNOW ALL BY THESE PRESENTS: No. 81163 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA. a Washington corporalion. does hereby appoint ...............JOIIN MO/'oOROE: WILLIAM R. CliRTIS: JLDY .-\. tiRAfliDCSKY: LOLJRDI::S L\l\DA: ROSA E. RIVAS; EL:GE!\E T. lOI\DLO: t"'lIle. CabIUm.............'.... its tnJe and lawful attomey(s)--in4fact. with Juft authority to execute on behalf of the ccmpany fidelity and SUrety bonds or undertakings and other documents of a similar character ISSUed by the company in lhe course of its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fuly as jf such instruments had been dUty executed by its regularly elected officers at its home office. IN WITNESS WHEREOF. FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 10th day of February . 2003 CHRISTINE MEAD. SECRETARY ~k /Ac-~\cA- MIKE MCGAVlCK. PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Mide V. Secbon 13. - FIDELITY AND SURETY BONDS ... the President. any VIce President. the Seaetary. and any Assistant VIce President appoinIod for Ih8t ae by the officer in charge of surety operations. shaB each have authority to appoint individuaJs as attorneys-in-fact or under other appropriate UtIes with authority to e on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any , ment making or evidencing such appointment. the signatures may be affixed by facsimile. On any insb1Jment conferring such authority or on any bond or undertaking of the company. the seal. or a facsimHe thereof. may be impressed or atrbced or in any other manner reproduced; prcMded. however. that the seal shaH not be necessary to the validity of any such instrument or undertaking.. Extract from a Resaution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the SectoIary or an assistant secretary of the Company setting out. (i) The provisions of ArIide V. SectiOn 13 of the By-i.aws. and (ii) A oopy of the power.of-attomoy appointment. executed pursuantlherelO. and (ili) Certifying that said power.of-attomey appointment is in full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." I. Christine Mead. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the By-Laws and of a Resoaution of the Board of Directors of this corporation. and of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By..Laws. the Resotution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation 25th day of June 2004 this c CHRISTINE MEAD, SECRETARY 5-1049/FNEF 7198 ill A registered trademarK of SAFECO CorporabOn 02/2012003 POF OFFICE OF THE CITY CLERK RAcHEL G. CLARK, C.M.C. - CITY CLERK 300 Norlh "D" Street. S.n Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.c..us SI.! October 8, 2004 Tim Cabral Cabral Roofing & Waterproofing Corp. 815 W. Olympic Boulevard Montebello, CA 90640 Dear Mr. Cabral, At the Mayor and Common Council meeting of October 4, 2004, the City of San Bernardino adopted Resolution 2004-311 - Resolution authorizing the execution of a contract with and issuance of a purchase order to Cabral Roofing & Waterproofing Corp. in the amount of $281,794 for the replacement of two roofsections at Carousel Mall per RFQ F-05-0ll. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreements will be null and void if not executed within 60 days, or by December 3, 2004. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, . . j (. 11 ,,!' 1 . {J' I k I ' ;1_ -, ',' <'-I...- ii.. ~... t...-t(:, '0 , ichelle Taylor r Senior Secretary Enclosure CITY OF SAN BERNARDINO A.noPTlin s'lI.A.llJ(U VALtW.S! Tntp'(1ritv. Ar_r_mmt~h11itv. 'Rpo;:npf't f,,1' Ullm'..ln n;(Jnitu. U"npdu ., CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: November 2, 2004 TO: James Sharer, Director of Facilities Management FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-311 - Cabral Roofing & Waterproofing Corp. CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with Cabral Roofing & Waterproofing Corp. for the replacement of two roof sections at Carousel Mall per RFQ F-05-0l1. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): IO-4-(Y\- Item # Vote: Ayes \-'1 Nays..e Change to motion to amend original documents 0 '20 Resolution # Abstain A/!r Companion Resolutions 2(:l:Jh3 \ \ Absent ..e- Nul1/VoidAfter: ~ days/ \2.-'3rO"\- Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: l~-G::,-Q,L\ Date of Mayor's Signature: .0- '-c ~ Date ofClerklCDC Signature: \0-' -0''\ Reso. Log Updated: g--- Seal Impressed: 0 Date Memo/Letter Sent for Signature: I" Reminder Letter Sent: \ Cr '\r-0,C\ Date Returned: i 1- \ -04- 2nd Reminder Letter Sent: Not Returned: 0 Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (64\3, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes ,,/" Yes Yes Yes Yes No By No L- By No V By NO~ By No_ B Copies Distributed to: Animal Control 0 EDA 0 Information Services 0 City Administrator 0 Facilities IiY Parks & Recreation 0 City Attorney e:( Finance ff Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: 3 Notes: Ready to File:_ Date: Revised 12/18/03