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CITY OF BARSTOW
SHORT FORM CONSTRUCTION AGREEMENT
Use the following template for Public Works construction projects valued at $200,000 or less. Public contracts of $60,000 or less may be initiated by negotiated contract or purchase order; public projects more than $60,000 and less than $200,000 require an informal bid, as described and amended in the BMC Chapter 2.42.
Add paragraphs 29 for contracts with multiple phases, or contracts that relate to, or are prior to, subsequent phases of a larger project. Delete if this does not apply.
This template does not include special funding requirements, as might be required for state grants or federally funded projects. If state or federal funding requirements are needed, such requirements can be added by exhibit(s).
CAUTION:
• If the project includes construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations which are five feet or deeper, a separate bid item is required. (Labor Code § 6707). • The City must verify that the contractor was properly licensed at the time it submitted its proposal or bid, prior to awarding a contract. (Bus. & Prof. Code § 7028.15 subd. (e).
• A payment bond is required for projects estimated to cost more than $25,000 – see attached form. (Civ. Code § 9550).
• Where the Contractor discloses more than $500 in campaign contributions (in aggregate) to any City council member, commissioner, or officer, the attached Agreement should not be executed by the City without prior approval from the City Attorney.
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CITY OF BARSTOW
FIRE STATION 361 ROOF REPLACEMENT
CONSTRUCTION AGREEMENT
This Project Title, Agreement (“Agreement”), is entered as of this ____ day of _____________, 20____ (“Effective Date”), by and between the City of Barstow, located at 220 E. Mountain View St, Suite A, Barstow, CA 92311 (“City”) and KRGS Roofing, with offices located at 660 Weng Star Street, Beaumont, CA 92223 (“Contractor”). In consideration of the mutual promises and agreements made herein and intending to be legally bound, the parties agree as follows:
1. CONTRACT PRICE
A. “Maximum Amount”: The highest total compensation and costs payable to Contractor by City under this Agreement. The Maximum Amount under this Agreement is $226,500.00, plus contingency not to exceed 15% of bid amount.
B. The contract price is based on the unit prices in the proposal and, together with salvage materials (if any), constitutes the entire consideration for performance and completion of the work described herein and in the contract drawings and specifications which are incorporated herein by this reference.
C. City shall pay Contractor the contract price and Contractor shall furnish all supervision, technical personnel, labor, materials, equipment, tools, permits, and services needed to perform and complete the work to be performed under this Agreement.
D. Contractor will honor the contract price until_06/01/2026____-.
2. COMMENCEMENT OF WORK.
2.1 “Commencement Date”: [date].
2.2 “Termination Date”: [date]
3. CAMPAIGN CONTRIBUTIONS
This Agreement is subject to Government Code section 84308, as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024).
Consultant shall disclose any contribution to an elected or appointed City official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Consultant, its, her, or his agent, or another party affiliated with Consultant.
Consultant shall provide a signed copy of the attached Campaign Contribution Construction Agreement
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Disclosure Form to City prior to, or concurrent with, Consultant's execution of this Agreement and no later than the Commencement Date.
4. TERM.
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under the provisions below.
Contractor may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this agreement.
5. AGREEMENT ATTACHMENTS.
All items described in Paragraph 3 and 4 above of this Agreement are attached hereto, incorporated herein, and made a part hereof as though set forth in full herein. The complete agreement shall consist of this document and attachments, and no other documents or oral amendments shall be considered part of this agreement unless expressly and specifically incorporated herein.
6. COMPLIANCE WITH PROVISIONS OF AGREEMENT AND
ATTACHMENTS.
Contractor shall comply with all provisions of this Agreement and the Agreement attachments.
7. INDEPENDENT CONTRACTOR STATUS.
Under no circumstances shall Contractor or its employees look to the City as an employer. Contractor shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Contractor’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Contractor specifically assumes the responsibility for making such a determination. Contractor shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
8. INDEMNIFICATION OF CALPERS DETERMINATION.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor or its employees, Construction Agreement
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agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
9. INSURANCE PROVISIONS.
During the term of this Agreement, Contractor shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Contractor’s performance of this Agreement.
A. Such insurance shall be of the types and in the amounts as set forth below:
i. Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent Contractors, personal injury, underground hazard, and explosion and collapse hazard where applicable. ii. Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.
iii. Worker’s Compensation insurance as required by the laws of the State of California.
iv. Employers Liability Insurance for bodily injury or disease with minimum limits of One Million Dollars ($1,000,000) per accident.
B. Contractor shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement.
C. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
D. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium thereon at Contractor’s expense.
E. At all times during the term of this Agreement, Contractor shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City and its officers, employees, agents and volunteers as Construction Agreement
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additional insureds. Contractor shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).
F. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
G. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Contractor agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
H. The insurance provided by Contractor shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
I. All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against the City.
J. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond in the amount of the deductible or self-insured retention to guarantee payment of losses and expenses.
K. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duties to indemnify, hold harmless and defend under this Agreement.
10. This Agreement is subject to 8-hour workday and wage and hour penalty law, including, but not limited to, California Labor Code Sections 1810 and 1813 as follows:
The Contractor shall strictly adhere to the provisions of the Labor Code regarding the 8-hour day and the 40-hour week, overtime, Saturday, Sunday and holiday work and nondiscrimination because of race, Construction Agreement
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religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or sexual orientation, except as provided in Section 12940 of the Government Code. Pursuant to the provisions of the Labor Code, eight hours’ labor shall constitute a legal day’s work. Work performed by the Contractor’s employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. The Contractor shall forfeit as a penalty to City $25.00 or any greater penalty set forth in the Labor Code for each worker employed in the execution of the work by the Contractor or by any Subcontractor of the Contractor, for each Calendar Day during which such worker is required or permitted to the work more than eight hours in one Calendar Day or more than 40 hours in any one calendar week in violation of the provisions of said Labor Code.
11. This Agreement shall comply with all California and federal statutes relating to nondiscrimination. These include but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin; b. Title IX of the Education Amendments of 1972, as amended (29 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age;
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse; f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § 290dd-2), as amended, relating to confidentiality of alcohol and drug abuse patient records;
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing;
i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E, and G; j. Title 28, Code of Federal Regulations, Part 35;
k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and l. The requirements on any other nondiscrimination statute(s) which may apply to the application.
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12. This Agreement is further subject to Workers’ Compensation obligations, including, but not limited to, California Labor Code §§ 1860 and 1861 as follows:
Contractor shall take out and maintain, during the life of this Agreement, Worker’s Compensation Insurance for all of Contractor’s employees employed at the site of improvement; and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by Contractor.
Contractor and any of Contractor’s subcontractors shall be required to provide City with a written statement acknowledging its obligation to secure payment of Worker’s Compensation Insurance as required by Labor Code § 1861.
13. This Agreement is subject to the provisions of California Public Contracts Code § 6109, and Contractor hereby offers and agrees to make any assignment necessary in the event that Contractor is ineligible to perform the work described herein. Further, the successful bidder shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to §§ 1777.1 or 1777.7 of the Labor Code.
14. This Agreement requires a skilled and trained workforce to complete the work.
Contractor and each of its subcontractors at every tier shall employ the minimum number (percent) of journeypersons for the work in accordance with Public Contracts Code §§ 2600 – 2602.
15. Pursuant to Labor Code § 1777.5, Contractor shall comply with the statutory requirements relating to the employment of apprentices, including payment of prevailing wages for required pre-employment training or testing.
16. This Agreement is further subject to the provisions of California Public Contract Code § 7103.5 as follows:
In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.
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17. This contract is further subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the contractor, for the response to such claims by the contracting public City, for a mandatory meet and confer conference upon the request of the contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This contract hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
18. This contract is further subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the California Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to the contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with this Article. This contract hereby incorporates the provisions of Article 1.7 as though fully set forth herein.
19. This contract is further subject to the claim resolution process of California Public Contract Code section 9204, the provisions of which are hereby incorporated as though fully set forth herein.
20. At any time during the term of the Contract the Contractor may, at its own expense, substitute securities for funds otherwise withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.
21. Pursuant to Labor Code Section 1776, each contractor and subcontractor shall keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of the Labor Code Sections 1771, 1811 and 1815 for any work performed by his or her employees on the public works project.
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The payroll records enumerated under supervision (a) shall be verified and shall be available for inspection at all reasonable hours as required by the Labor Code Section 1771.
22. This contract is subject to the prevailing wage law, including, but not limited to California Labor Code Sections 1773.2 and 1771 as follows:
The contractor shall pay the prevailing wage rates for all work performed under this contract. When any craft or classification is omitted from the general prevailing wage determinations, the Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. The Contractor shall forfeit as a penalty to the City $200.00 or any greater penalty provided in the Labor Code for each calendar day or portion thereof, for each worked paid less than the prevailing wage rates for any work done under the Contract employed in the execution of the work by the Contractor or by any Subcontract under the Contractor in violation of the provisions of the Labor Code. In addition, the difference between such prevailing wages rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor.
23. Pursuant to Labor Code § 1725.5, Contractor and any subcontractor must be registered with the California Department of Industrial Relations for any bid proposal submitted on or after March 1, 2015, and for any contract for public work entered into on or after April 1, 2015. Further, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
24. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, fully defend, indemnify and hold harmless City, its authorized representatives and their respective subsidiaries, affiliates, members, directors, officers, employees and agents (collectively, the “indemnitees”) from and against any and all claims, actions, demands, costs, judgments, liens, penalties, liabilities, damages, losses, and expenses, including but not limited to any fees of accountants, attorneys or other professionals (collectively “liabilities”), arising out of, in connection with, resulting from or related to, any alleged act, omission, fault or negligence of Contractor, Contractor’s representative, or any of its officers, agents, employees, subcontractors or suppliers, or any person or organization directly or indirectly employed by any of them (collectively, the “indemnitors”), in connection with or relating to or claimed to be in connection with or relating to the work performed under this agreement. Contractor shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
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Contractor shall not be required to defend or indemnify City for liabilities caused by the sole active negligence or willful misconduct of the City.
If Contractor is a joint venture or partnership, each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Contractor that are assumed under or arise out of this agreement. Each of such ventures or partners waives notice of the breach or non-performance of any undertaking or obligation of Contractor contained in, resulting from or assumed under this agreement, and the failure to give any such notice shall not affect or impair such venture’s or partner’s joint and several liability hereunder.
25. Notwithstanding any other provision of this agreement to the contrary, the following provisions apply:
The Contractor shall complete all or any designated portion of the Work called for under the Contract within the time set forth in KRGS proposal dated 10/29/2025.
In accordance with Government Code 53069.85, and all other applicable law, the Contractor agrees to forfeit and pay the City the amount of Two Hundred Dollars ($200.00) per day for each and every day of unauthorized delay beyond the completion date, which shall be deducted from any monies due the Contractor. This payment shall be considered liquidated damages. Contractor agrees that such liquidated damages are reasonable under the circumstances existing at the time of execution of the contract, that such liquidated damages are to compensate City for losses that are difficult to measure and that such damages are not a penalty.
Failure of the Contractor to perform any covenant or condition contained in the Contract Documents within the time period specified shall constitute a material breach of this Contract entitling the City to terminate the Contract unless the Contractor applies for, and receives, a written extension of time.
Failure of the City to insist upon the performance of any covenant or conditions within the time period specified in the Contract Documents shall not constitute a waiver of the Contractor’s duty to complete performance within the designated periods unless the City has executed a waiver in writing.
The City’s agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provision contained in the Contract Documents.
Failure of the Contractor to complete performance promptly within the additional time authorized in a waiver or extension of time agreement shall constitute a material breach of this Contract entitling the City to terminate this agreement.
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The Contractor shall not be deemed in breach of this Contract and no forfeiture due to delay shall be made because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor provided the Contractor requests from the Public Works Director an extension of time in writing. Unforeseeable causes of delay beyond the control of the Contractor shall include acts of God, acts of a public enemy, acts of the government, acts of the City, or acts of another contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather, or delays of subcontractors due to such causes, or delays caused by failure of the owner of a utility to provide for removal or relocation of existing utility facilities. Delays caused by actions or neglect of Contractor or his/her agents, servants, employees, officers, subcontractors, directors, or of any party contracting to perform part of all of the Work or to supply any equipment or materials shall not be excusable delays. Excusable delays (those beyond the Contractor’s control) shall not entitle the Contractor to any additional compensation. The sole recourse of the Contractor shall be to seek an extension of time.
26. Should the BFPD request a change order, such change orders may only be authorized in writing by Battalion Chief, Vincent Capelle.
27. DEFECTIVE WORK.
All work which is defective in its construction or deficient in any of the requirements set by City Standard Specifications shall be remedied or replaced by the Contractor in an acceptable manner at their own expense.
28. COMMUNICATIONS.
All written communications between the Contractor and the City must carry the proper contract number. Such communications shall be effective upon receipt at the following address:
CITY CONTRACTOR
Barstow Fire Protection District KRGS Roofing Inc.
861 Barstow Rd. 660 Weng Star Street
Barstow, CA 92311 Beaumont, CA 92223
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29. CHANGES IN WORK TO BE PERFORMED.
The City reserves the right to withdraw or delete any portion of the work to be performed, pursuant to the change order procedure, or the provisions of the General Conditions, Special Provisions and Technical Specifications, for any reason deemed to be in the best interests of the City of Barstow.
30. INSPECTION AND AUDIT OF RECORDS.
Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.
(Signature Page Follows)
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City: Contractor:
By:___________________________ By:_______________________________ City of Barstow Its:
Title:
Date: By:_______________________________
Its:
Date:
Approved as to Form:
_______________________________
City Attorney
2024 A-1
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EXHIBIT A
SPECIAL PROVISIONS
Scope of Work
2024
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NON-COLLUSION AFFIDAVIT
The undersigned declares:
I am the _____________________ of _________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________[date], at ____________________________[city], _________[state].”
________________________________
Signature
2024
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WORKER’S COMPENSATION INSURANCE ACKNOWLEDGEMENT
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.’ If any class of employees engaged in work under this contract at the site of the Project is not protected under any Worker’s Compensation law, Contractor shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify and hold harmless City for any damage resulting from failure of either Contractor or any subcontractor to take out or maintain such insurance.
______________________________
[Name and Title]
[Date]
2024
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PAYMENT BOND
FIRE STATION 361 ROOF REPLACEMENT
IN THE CITY OF BARSTOW, CALIFORNIA
WHEREAS, the City of Barstow, as AGENCY has awarded to KRGS Roofing, as CONTRACTOR, a contract for the abovestated project; AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract, to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law; NOW THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound unto AGENCY in the sum of [DESCRIBE VERBALLY; 100% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR] Dollars ($___________) which is one hundred percent (100%) of the total contract amount for the above-stated project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION IS SUCH that if CONTRACTOR, its heirs, executors, administrators, successors, assigns or subcontractors, shall fail to pay any of the persons named in Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor withheld, and to pay over to the Employment Development Department from the wages of employees of the CONTRACTOR and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety or sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the plaintiffs and AGENCY in an amount to be fixed by the court.
This bond shall inure to the benefit to any of the persons named in Civil Code Section 9100 as to give a right of action to such persons or their assigns in any suit brought upon this bond.
The SURETY hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or the specifications accompanying it shall in any manner affect SURETY’s obligations on this bond. The SURETY hereby waives notice of any such change, extension, alteration, or addition and hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any remedies AGENCY may have.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ____day of ___________________, 20__.
CONTRACTOR:*Signer’s Name, Title_________________________________________ Business Name_____________________________________________ Mailing Street Address_______________________________________ City, State, Zip Code_________________________________________ Telephone #________________________________________________ Surety:* Signer’s Name, Title_________________________________________ Business Name______________________________________________ Mailing Street Address________________________________________ City, State, Zip Code_________________________________________ Telephone #________________________________________________ *Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for the respective authorized representatives. Power of Attorney must be attached. Signatures must be notarized. (EXECUTE IN DUPLICATE)
CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.
Please carefully read the following information to determine if the provisions apply to you. If you determine that the
provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.
1. No City councilmember or commissioner shall accept,
solicit, or direct a contribution of more than $500 from any party,1 financially interested participant,2 or agent3 while a proceeding is pending or for 12 months subsequent to the date a final decision isrendered by the City. This prohibition commences when your application has been filed, or the
proceeding is otherwise initiated.
2. A party to a City proceeding shall disclose on the record of the proceeding any contribution of more than $500 made to any councilmember or commissioner by the party, or agent, during the preceding 12 months. No party to or participant in a City proceeding shall make a contribution of more than $500 to a councilmember or commissioner during the proceeding and for 12 monthsfollowing the date a final decision is rendered by the City. No agent to a party or participant shall make a contribution in any amount to a councilmember of
commissioner during the proceeding and for 12 months
following the date a final decision is rendered by the City.
3. Prior to rendering a decision on a City proceeding, any councilmember or commissioner who received
contribution of more than $500 within the preceding 12
months from any party, or agent, to a proceeding shall
disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any councilmember or commissioner receives a
contribution that otherwise would require disqualification, and returns the contribution within 30 days of making the decision, or knowing about the contribution and the
relevant proceeding, whichever comes last, that
councilmember or commissioner shall be permitted to
participate in the proceeding.
1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.2 “Participant” is defined as any person who actively supports or opposes a particular decision in a proceeding.
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2. ____________________________________
3. ____________________________________
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contribution was made:
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To be completed by City:
Document No: ______________________________
BARSTOW FIRE PROTECTION DISTRICT
REQUEST FOR PROPOSALS
Fire Station 361 Roof Replacement
BID FORM – KRGS Roofing
4.1 GENERAL
KRGS Roofing, Inc. is a California-based commercial and residential roofing contractor specializing in high-performance roofing systems, including single-ply membranes, shingles, coatings, and solar-integrated roofing solutions. With over two decades of experience in managing both public and private sector projects, our company brings a proven record of excellence, safety, and accountability to every job.
Our management team and field crews are fully trained and certified by leading manufacturers, ensuring compliance with all technical and quality standards. KRGS Roofing upholds strict adherence to public works requirements, including submittal procedures, certified payroll, prevailing wage compliance, and documentation standards consistent with the expectations of the Barstow Fire Protection District.
We understand that this project involves a partial roof removal, followed by the removal and replacement of the existing coping cap and installation of a 60-mil TPO roofing system. The system will be mechanically attached on the main roof field and fully adhered on the vertical walls, providing enhanced wind-uplift protection. The completed installation will include an 85-mph wind warranty and a comprehensive manufacturer-backed NDL waterproofing warranty, ensuring longterm performance, watertight integrity, and energy efficiency.
Our approach prioritizes safety, coordination, and efficiency — minimizing disruption to Fire Station operations while delivering a durable and code-compliant roofing system built to perform for decades.
4.2 CONTENTS
4.2.1 Executive Summary
Legal Name: KRGS Roofing, Inc.
Business Address: 660 Weng Star Street Beaumont, CA 92223 Principal Place of Business: Beaumont, CA
4.2.2 Legal Status: S-Corporation
Authorized Representative: Robert Flores, President
Phone: (951) 663-6259 | Email: [email protected]
CA Contractor’s License No.: 1081419 (C-39 Roofing Contractor) | Expiration: 08/31/2026 DIR Registration No.: 1001132779
If wholly owned subsidiary of a parent company: N/A
Local Office in San Bernardino County: 660 Weng Star Street Beaumont, CA 92223 Number of years maintaining an office in SB County: 4+ years Number of employees in SB County: 8
Person of Contact: Robert Flores, President
Phone: (951) 663-6259 | Email: [email protected]
Address: 660 Weng Star Street Beaumont, CA 92223
4.2.3 Project Team
Contractor: KRGS Roofing, Inc.
Project Manager: Robert Sr. Flores – 20+ years experience managing public roofing projects including schools, fire stations, airports, state hospitals, and other public projects.
Key Team Roles
• President – Robert Flores: Oversees all aspects of the proposal, contracting, and project execution. Serves as the primary point of contact for the Barstow Fire Protection District regarding this bid, including scope clarification, documentation, scheduling, insurance, and field coordination. Ensures all work meets specification and warranty standards.
• Office Administrator – Lauren Jordan: Manages all administrative and compliance functions, including submittal preparation, certified payroll, prevailing wage documentation, and warranty processing. Coordinates communication between the field and office to ensure timely reporting, accurate documentation, and adherence to public works requirements.
• General Manager – Robert Sr. Flores: Directs daily field operations, oversees crew performance, and manages on-site logistics and installation sequencing. Ensures strict adherence to safety protocols, quality control standards, and manufacturer specifications throughout the duration of the project.
Subcontractors (if applicable): N/A
Attach organizational chart and resumes of key personnel.
4.2.4 Experience
KRGS Roofing has successfully completed numerous commercial and government roofing projects across California, including school districts, state hospitals, and other city facilities. Our proven track record demonstrates a deep understanding of public works requirements — from certified payroll and safety compliance to documentation and manufacturer coordination.
Our company proudly holds GAF Gold Elite Certification and has extensive manufacturer training and partnership experience with industry leaders such as Versico, Duro-Last, Tremco, and other major roofing system providers. This allows us to deliver a wide range of code-compliant systems including TPO, PVC, coatings, and built-up roofing — each installed to meet or exceed the performance expectations of California’s public agencies.
KRGS Roofing continues to support public works facilities throughout the entire state of California, providing long-term, warrantied roofing systems that enhance energy efficiency, safety, and reliability for government institutions.
All references in the next section are governmental entities, with the exception of Trench Shorline. We also have current standing projects that are prevailing wage, including:
• Department State Hospital of Atascadero – $520,000
• Town of Apple Valley Gymnasium – $64,500
• Harada Neighborhood Park Center – $97,515
• City of Palm Springs (Maintenance) – $300,000
• Rosa Parks Elementary School – $39,500
• Roth Sodexo – U.S. Post Offices (Statewide Annual Maintenance & Repairs) – $400,000
• Pending Notice to Proceed:
o Santa Barbara Lighthouse Project – $314,500
o San Diego Water Treatment Plant – $74,500
4.2.5 References
Provide a minimum of three comparable commercial references:
Reference 1
Role Performed: Lead Contractor, Material Supplier, Consulting Lead Contractor: Robert Flores
Material Supplier: QXO
Location: Atascadero, CA
Project Description: On-call roof maintenance and repair services covering over 800 squares of liquid-applied coating on various roofing systems, including modified bitumen, emulsion, aluminum coating, and ballast.
Customer Name & Contact: Department State Hospital of Atascadero • Contact: Kevin Giovanni
• Phone: (805) 468-2204 (Office)
• Email: [email protected]
Date Installed / Operational: January 2025 – Current
Project Cost: $520,000.00
Reference 2
Role Performed: Lead Contractor, Material Supplier, Consulting Lead Contractor: Robert Flores
Material Supplier: QXO
Location: Eastvale, California
Project Description: Roof replacement — remove existing roofing system and install ¼" coverboard along with 60 mil TPO mechanically attached for a 20-year NDL.
Customer Name & Contact: Painting & Décor Inc.
o Contact: John Buchner
o Phone: (949) 888-2565
o Email: [email protected]
Date Installed / Operational: October 22nd – October 27th Project Cost: $97,515.00
Reference 3
Role Performed: Lead Contractor, Material Supplier, Consulting Lead Contractor: Robert Flores
Material Supplier: SRS
Location: Apple Valley, CA
Project Description: Install acrylic roof coating over existing foam roof with walkway system for a 20-year NDL.
Customer Name & Contact: Town of Apple Valley
o Contact: Rich Berger
o Phone: (760) 240-7000 ext. 7530
o Email: [email protected]
Date Installed / Operational: August 18th – September 4th Project Cost: $64,500.00
Reference 4
Role Performed: Lead Contractor, Material Supplier, Consulting Lead Contractor: Robert Flores
Material Supplier: QXO
Location: Palm Springs, CA
Project Description: Repairs and on-call maintenance for all public work facilities across the entire City of Palm Springs, covering various roofing systems such as singleply, coating, tile, wood shake, and shingles.
Customer Name & Contact: City of Palm Springs
o Contact: Aaron Bergeron
o Phone: (760) 567-9520
o Email: [email protected]
Date Installed / Operational: October 23RD - Current
Contract Amount: $300,000.00
Reference 5
Role Performed: Lead Contractor, Material Supplier, Consulting Lead Contractor: Robert Flores
Material Supplier: QXO
Location: Eastvale, CA
Project Description: Roof replacement — remove existing roof and install ¼" coverboard and 60 mil TPO mechanically attached for a 20-year NDL.
Customer Name & Contact: Jurupa Community Services District o Contact: Stacy Macbeth
o Phone: (951) 727-3524 ext. 120
o Email: [email protected]
Date Installed / Operational: June 30th – July 6th
Project Cost: $39,500.00
Reference 6
Role Performed: Lead Contractor, Material Supplier, Consulting Lead Contractor: Robert Flores
Material Supplier: QXO
Location: Banning, CA
Project Description: Remove existing roof system and install 80 mil TPO and 2" insulation mechanically attached for a 30-year NDL.
Customer Name & Contact: Trench Shorline
o Contact: Rob Lang
o Phone: (323) 473-9558
o Email: [email protected]
Date Installed / Operational: November 10th – November 15th Project Cost: $125,000.00
Additional Required Disclosures: Lawsuits, contract terminations, suspensions, or liquidated damages – [Attach explanations or write 'None']. • Has the Contractor or any executive officers of Contractor been party to a lawsuit, arbitration, or other legal or insurance claim, (each a “Claim”) involving Contractor’s work or the performance of any equipment installed by Contractor? If so, provide a summary of the issues and the status of the matter, including, but not limited to, the names of the parties, date of the claim, applicable case number, court, and resolution. • NO
• Has the Contractor had any contracts terminated for cause or convenience? If so, explain the reason(s) for the termination.
• NO
• Has the Contractor or organization ever been dismissed or suspended from doing business with any governmental entity? If so, provide a summary of the issue(s). • NO
• Has the Contractor or organization ever been subject to liquidated damages? If so, provide an explanation.
• NO
4.2.6 Technical Approach & Product/Technology Description Proposed roof system will comply with all RFP requirements. Roofing materials will be supplied by Duro-Last or equivalent manufacturer meeting or exceeding ASTM and Title 24 requirements.
Attach manufacturer submittals, product data sheets, parts list, and warranty information.
Roofing Material: Duro-TECH™ 60-Mil TPO (Thermoplastic Polyolefin) Single-Ply Roofing Membrane
Manufacturer: Duro-Last, Inc. – Saginaw, Michigan
Product Line: Duro-TECH™ TPO 60-Mil (“TPO60”)
Installation Method: Mechanically attached over the main roof field; fully adhered on vertical walls and flashings (per Duro-TECH™ TPO 60-Mil Product Data Sheet).
Color Options: White (recommended for high reflectivity and Title 24 compliance), Tan, Gray
Thickness: 60 mil (1.52 mm nominal overall thickness)
Material Composition: Heat-weldable TPO membrane reinforced with a weft-inserted polyester scrim for superior puncture, tear, and tensile strength (TPO film above scrim:
30 mil)
Standards Compliance: Meets or exceeds ASTM D6878 for TPO roofing membranes Reflectivity / Emissivity (White TPO60): Solar Reflectance ≈ 0.79 (initial) / 0.69 (aged 3 yrs); Thermal Emittance ≈ 0.85; Solar Reflective Index (SRI) ≈ 98 (initial) — per CRRC testing
Wind / Performance Ratings: Duro-Last systems are tested and approved under FM and UL standards and qualify for warranty coverage in high-wind applications (up to FM 1- 90 when installed per manufacturer requirements)
Warranty Options: 15-, 20-, 25-, and 30-year full system manufacturer warranties available for TPO60 installations (labor and material coverage) Warranty Coverage Includes: Material and labor defects; seam integrity; flashings; and, under Supreme tier, consequential damage coverage
Manufacturer Guarantee Statement:
“Duro-Last, Inc. guarantees this roofing system when installed by an authorized DuroLast contractor. A full system warranty covering materials and labor for the specified term (e.g., 20-Year NDL) is issued directly by the manufacturer, providing complete protection against material defects and watertight performance for the roof system.”
4.2.7 Site-Specific Roof Replacement Proposal
Performance Guarantee: KRGS Roofing provides a full workmanship warranty in conjunction with the manufacturer’s NDL warranty.
4.2.8 Qualifications
KRGS Roofing demonstrates extensive experience in commercial roofing, public works compliance, and manufacturer-certified installations. Our project manager and local field team will ensure continuous site supervision and communication. Extensive Experience expressed in the 20+ years of experience managing public works projects and list of references.
4.2.9 Financial Capacity
KRGS Roofing maintains financial stability with bonding capacity for public works projects.
4.2.10 Contractual Compliance with Warranty Requirements KRGS Roofing, Inc. hereby provides this written statement confirming full commitment to the warranty requirements outlined in the Scope of Work for the Barstow Fire Protection District – Fire Station 361 Roof Replacement Project.
KRGS Roofing shall install the specified Duro-Last 60-mil TPO roofing system in accordance with all manufacturer standards to ensure eligibility for a minimum 20-Year No Dollar Limit (NDL) manufacturer warranty covering materials and labor.
Upon project completion, KRGS Roofing will coordinate directly with Duro-Last, Inc. for warranty registration and issuance of the official manufacturer-backed certificate.
This warranty will include coverage for membrane performance, seam integrity, flashing adhesion, and watertightness of the roof system.
KRGS Roofing further warrants its own workmanship for the duration of the manufacturer warranty term and guarantees that all installation procedures, documentation, and inspections will meet or exceed Duro-Last’s published warranty criteria.
4.2.11 Construction Contract
Acknowledgement: KRGS Roofing agrees to execute the District’s standard Construction Contract and adhere to all terms regarding start, completion, and liquidated damages.
4.2.12 Price Proposal
Total Proposal Amount: $226,500.00
Install a multi-ply 60 mil TPO roofing system that is energy-efficient and Title 24 compliant.
• Remove any high ripples, tear off roofing at wall intersections, and remove all existing coping metal.
• Install 1⁄2-inch ISO board to provide leveling and prevent bleed-through of old asphalt onto the new roofing system.
• Install a TPO roofing system in accordance with manufacturer specifications on all roof surfaces and walls.
• Apply adhesive where required to walls, clean out all roof drains, and ensure proper sealing.
• Install new pipe boots for all roof penetrations.
• Seal all pipes and install new pipe clamps to secure pipe boots. • To weatherproof Fire Station #361 preventing any water from entering the station from the roof.
• Clean and remove all debris generated by roofing activities from the site. • Provide a roofing product that will not deteriorate under ponding water and is compliant with all Title 24 requirements.
Debris Removal and Disposal
The Contractor shall be responsible for the removal and lawful disposal of all roofing debris, construction materials, and waste generated during the course of work. All debris shall be removed from the site on a daily basis or as directed by the District to maintain a clean, safe, and orderly work area. Materials shall be disposed of or recycled in compliance with all applicable federal, state, and local regulations. Proof of disposal and/or recycling receipts shall be provided to the District upon request.
4.2.13 Addenda to this RFP
I acknowledge receipt of all addenda issued to this RFP:
[ ] Addendum 1
[ ] Addendum 2 N/A
[ ] Addendum 3
(Attach additional confirmation if required.)
Authorized Signature
Name: Robert Flores
Title: President
Company: KRGS Roofing, Inc.
Date: _10-29-2025