HomeMy WebLinkAboutC-8211-2 - M/RSA for Fire Station No. 4 Roofing ProjectN
QD, AMENDMENT NO. THREE TO
V MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH GARLAND/DBS, INC. FOR FIRE STATION NO. 4 ROOFING PROJECT
THIS AMENDMENT NO. THREE TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. Three") is made and entered into as of this 15th day of
May, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and GARLAND/DBS, INC., a
Delaware corporation ("contractor"), whose address is 3800 East 91st Street, Cleveland,
Ohio 44105, and is made with reference to the following:
RECITALS
A. On December 17, 2018, City and Consultant entered into a Professional Services
Agreement ("Agreement") for maintenance and/or repair services for City
('Project').
B. On February 12, 2019, City and Consultant entered into Amendment No. One to
reflect additional Services not included in the Agreement, to extend the term of the
Agreement to March 31, 2019 and to increase the total compensation.
C. On March 31, 2019, City and Consultant entered into Amendment No. Two to
extend the term of the Agreement to June 30, 2019.
D. The parties desire to enter into this Amendment No. Three to reflect additional
Services not included in the Agreement, as amended, and to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit C to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit C and incorporated herein by reference ("Services"
or "Work"). Exhibit C to the Agreement, Exhibit C to Amendment No. One, and Exhibit C
to this Amendment No. Three, shall collectively be known as "Exhibit C." The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services and the Proposal attached hereto
as Exhibit C and incorporated herein by reference. City shall pay to Contractor and
Contractor accepts as full payment the sum of Twenty Thousand Two Hundred Fifty
Seven Dollars and 00/100 ($20,257.00). Additionally, the City has allocated a
contingency amount of One Thousand Six Hundred Twenty Nine Dollars and 20/100
($1,629.20) for unexpected costs, for a total not to exceed amount of Twenty One
Thousand Eight Hundred Eighty Six Dollars and 20/100 ($21,886.20). No portion of
the contingency shall be expended without prior written approval of City's Project
Administrator."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed Two
Thousand One Hundred Sixty Seven Dollars and 00/100 ($2,167.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Garland/DBS, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp """'s I't
City Attorney
ATTEST:
Date: 5-,30.) q
By: A& %L//,
City Clerk
CITY OF NEWPORT BEACH,
a California munic pal corporation
Date: $
By: C 1�
Chip Duncan
Fire Chief
CONSULTANT: Garland/DBS, Inc.
Delaware corporation
Signed in Counterpart
By:
Scott Craft
Vice President and General Manager
Date:
Signed in Counterpart
By:
Charles Ripepi
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit C — Proposal
Rt
Garland/DBS, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: S/xf/14
By:
Aaron C. Harp "'"'s'('14
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Chip Duncan
Fire Chief
CONSULTANT: Garland/DBS, Inc., a
Delaware corporation
Date: —o -W. Zoi f
ttC
Vice President and General Unager
Date: .S• Z-1- Oct q
Bv: ,,411116„
SND/06 I��''.
S
CQQ' o�PORq�'•�2�'
- SEAL' =
��'• �ELAWPR �••
Charles Ripepi
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit C — Proposal
Garland/DBS, Inc. Page 3
EXHIBIT C
PROPOSAL
Garland/DBS, Inc. Page C-1
DATE: 04/17/2019
TO: City of Newport Beach
Garland/DBS, Inc.
3800 East 91St Street
Cleveland, OH 44105 D B S
Phone: (800) 762-8225 EMMMIMMMM
Fax: (216) 883-2055
CHANGE ORDER REQUEST #2
Project: Newport Beach Fire Station #4
Contract: C-8211-2
USC Project Number: 25 -CA -180276
DESCRIPTION: Unforeseen Conditions - Decking Replacement
We are requesting a change in the contract as stated below due to the following changes to the
work scope.
Additional Scope:
1. Remove and replace 160 sq. ft. of wood decking.
Total Cost For Wood Decking: ......................................................................................... $2,167.00
N AMENDMENT NO. TWO TO
00 MAINTENANCE/REPAIR SERVICES AGREEMENT
V WITH GARLAND/DBS, INC. FOR FIRE STATION NO. 4 ROOFING PROJECT
THIS AMENDMENT NO. TWO TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. Two") is made and entered into as of this 31st day of
March, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and GARLAND/DBS, INC., a
Delaware corporation ("Contractor"), whose address is 3800 East 91st Street, Cleveland,
Ohio 44105, and is made with reference to the following:
RECITALS
A. On December 17, 2018, City and Consultant entered into a Professional Services
Agreement ("Agreement') for maintenance and/or repair services for City
('Project').
B. On February 12, 2019, City and Consultant entered into Amendment No. One to
reflect additional Services not included in the Agreement, to extend the term of the
Agreement to March 31, 2019 and to increase the total compensation.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to June 30, 2019.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2019, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOgNEY'S OFFICE
Date: 4' / q1 2oIG
By:1".0 t
fir: Aaron C. Harp AW 4'9•l9
City Attorney
ATTEST:
Date: "'
By: bwl
Leilani I. Brown
City Clerk
PORI
SEAL; -
CITY OF NEWPORT BEACH,
a California municipal orporation
Date:
By: ( =F
Chip Duncan
Fire Chief
CONSULTANT: Garland/DBS, Inc., a
Delaware corporation
Date: IX. /o • Zo / 9
B
raft
Vice President, General Manager
Date: S� /o • Zo / 9
By:
Charles Ripepi
Chief Financial Officer
[END OF SIGNATURES]
GARLAND/DBS, INC. Page 2
N
r
N AMENDMENT NO. ONE TO
�i MAINTENANCE/REPAIR SERVICES AGREEMENT
V WITH GARLAND/DBS, INC. FOR FIRE STATION NO. 4 ROOFING PROJECT
THIS AMENDMENT NO. ONE TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 12th day of
February, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and GARLAND/DBS, INC., a
Delaware corporation ("Contractor"), whose address is 3800 East 91st Street, Cleveland,
Ohio 44105, and is made with reference to the following:
RECITALS
A. On December 17, 2018, City and Consultant entered into a Professional Services
Agreement ("Agreement") for maintenance and/or repair services for City
("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to extend the term of the Agreement to
March 31, 2019 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2019, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit C to the Agreement shall be supplemented to include the Change Order,
attached hereto as Exhibit C and incorporated herein by reference ("Services" or "Work").
Exhibit C to the Agreement, and Exhibit C to this Amendment No. One shall collectively
be known as "Exhibit C." The City may elect to delete certain Services within the Scope
of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services and the Proposal attached hereto
as Exhibit C and incorporated herein by reference. City shall pay to Contractor and
Contractor accepts as full payment the sum of Eighteen Thousand Ninety Dollars and
00/100 ($18,090.00). Additionally, the City has allocated a contingency amount of One
Thousand Six Hundred Twenty Nine Dollars and 20/100 ($1,629.20) for unexpected
costs, for a total not to exceed amount of Nineteen Thousand Seven Hundred Nineteen
Dollars and 20/100 ($19,719.20). No portion of the contingency shall be expended
without prior written approval of City's Project Administrator.
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Thousand Seven Hundred Ninety Eight Dollars and 00/100 ($1,798.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
(SIGNATURES ON NEXT PAGE]
GARLAND/DBS, INC. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: r
Aaron C. Harp
City Attorney
ATTEST:
Date:
Low,
By:
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a Californiauni ipal corporation
Date: 2_7�
By: C—
Chip Duncan
Fire Chief
CONSULTANT: Garland/DBS, Inc., a
Delaware corporation
Date:
Signed in Counterpart
By:
Scott Craft
Vice President, General Manager
Date:
Signed in Counterpart
la
Charles Ripepi
Chief Financial Officer
[END OF SIGNATURES]
Exhibit C - Proposal
GARLAND/DBS, INC. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: 44
Aaron C. Harp MWz11'`q
City Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Chip Duncan
Fire Chief
CONSULTANT: Garland/DBS, Inc., a
Delaware corporation
Date: Z -/S' - Zoi
B Scott C ft
ice resident, General Manacjer :�Cy-,
Date: Z • ♦ -s - Zo / Q ��
AWARE' �•`
Charles Ripepi
Chief Financial Officer
[END OF SIGNATURES]
Exhibit C - Proposal
GARLAND/DBS, INC. Page 3
EXHIBIT C
PROPOSAL
GARLAND/DBS, INC. Page C-1
DATE: 02/07/2019
TO: City of Newport Beach
Garland/DBS, Inc.
3800 East 91St Street
Cleveland, OH 44105 D B S
Phone: (800) 762-8225
Fax: (216) 883-2055
CHANGE ORDER REQUEST #1
Project: Newport Beach Fire Station #4
Contract: C-8211-2
USC Project Number: 25 -CA -180276
DESCRIPTION: Additional Work — Full Tear Off Required
We are requesting a change in the contract as stated below due to the following changes to the
work scope.
Updated Scope of Work: (Total Area: 1000 Sqft)
1. Mechanically remove the existing coating system completely and dispose offsite.
2. Replace plywood decking as needed at extra cost once qty is determined.
3. Install new polyurethane sealant with fiberglass mesh to all plywood seams.
4. Apply/Install new Primer to the entire area per the manufacturer's specifications.
5. Apply/Install new basecoat per the manufacturer's specifications.
6. Apply/Install new Intermediate Coat & broadcast the approved Kiln Dried Silica Sand to
achieve the proper non-skid texture per the manufacturer's specifications.
7. Apply/Install new Topcoat with the approved color per the manufacturer's specifications.
Garland/DBS, Inc.
3800 East 91St Street
Cleveland, OH 44105
Phone: (800) 762-8225
Fax: (216) 883-2055
Breakdown of Labor Cost Chanee:
Original Labor Cost: $7,000.00
Revised Labor Cost: $8,635.00
Difference in Cost: $1,635.00
OH&P (10%): $ 163.00
Total: $1,798.00
Total Additional Cost For Revised Scope: .................................................... $1,798.00
Sincerely,
67e,# /razal
Project Manager
Accepted By:
Name:
Title:
By:
Date:
00
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH GARLAND/DBS, INC. FOR
V FIRE STATION NO. 4 ROOFING PROJECT
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made
and entered into as of this 17th day of December, 2018 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and Garland/DBS, Inc., a Delaware corporation ("Contractor"), whose address is
3800 East 91st Street, Cleveland, Ohio 44105, and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform maintenance and/or repair services
for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
E. With the assistance of the U.S. Communities Government Purchasing Alliance
("U.S. Communities"), Cobb County, Georgia ("Lead Public Agency") on behalf of
itself and all local government agencies ("Participating Public Agencies") solicited
proposals from qualified suppliers to enter into a master agreement ("Lead Public
Agency Master Agreement") for the provision of roofing supplies and services,
waterproofing supplies and services, and related products and services ("Cobb
County RFP"). Contractor responded to the Cobb County RFP and executed the
Lead Public Agency Master Agreement, attached hereto and incorporated herein
as Exhibit 'A," wherein Contractor agreed that Participating Public Agencies may
purchase the products and services covered by the Cobb County RFP consistent
with the prices indicated in the Lead Public Agency Master Agreement provided
that each such Participating Public Agency first registers with U.S. Communities.
F. City is registered with U.S. Communities and is a Participating Public Agency. A
copy of the Proof of Membership ("Proof of Membership") is attached hereto as
Exhibit "B" and incorporated herein by this reference. Consistent with such
registration with U.S. Communities, and the City's procurement practices, City has
solicited and received a proposal from Contractor to provide roofing, waterproofing,
and related products and services akin to those in the Lead Public Agency Master
Agreement attached hereto as Exhibit "A," and desires to retain Contractor to
render such products and services under the terms and conditions set forth in this
Contract.
G. Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications, it is mutually agreed by and between the undersigned parties as
follows:
The term of this Agreement shall commence on the Effective Date, and shall
terminate on February 28, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Proposal
attached hereto as Exhibit C and incorporated herein by reference ("Services" or "Work").
As a material inducement to City entering into this Agreement, Contractor represents and
warrants that Contractor is a provider of first class work and Contractor is experienced in
performing the Work contemplated herein and, in light of such status and experience,
Contractor covenants that it shall follow community professional standards with the
ordinary degree of skill and care that would be used by other reasonably competent
practitioners of the same discipline under similar circumstances, in performing the Work
required hereunder, and that all materials will be of good quality.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit C. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Contractor to strictly adhere to
the schedule set forth in Exhibit C, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
Garland/DBS, Inc. Page 2
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Proposal attached
hereto as Exhibit C and incorporated herein by reference. City shall pay to Contractor
and Contractor accepts as full payment the sum of Sixteen Thousand Two Hundred
Ninety Two Dollars and 00/100 ($16,292.00). Additionally, the City has allocated a
contingency amount of One Thousand Six Hundred Twenty Nine Dollars and 20/100
($1,629.20) for unexpected costs, for a total not to exceed amount of Seventeen
Thousand Nine Hundred Twenty One Dollars and 20/100 ($17,921.20). No portion of
the contingency shall be expended without prior written approval of City's Project
Administrator.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit C to this Agreement, or specifically approved in writing in advance by
City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit C.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Steve Lampman to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit C or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
Garland/DBS, Inc. Page 3
6. ADMINISTRATION
This Agreement will be administered by the Fire Department. City's Administrative
Manager or designee shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit C in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit C shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
Garland/DBS, Inc. Page 4
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
Garland/DBS, Inc. Page 5
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit E, and incorporated herein by reference.
15. PREVAILING WAGES
15.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
Garland/DBS, Inc. Page 6
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
15.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit C. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
Garland/DBS, Inc. Page 7
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period 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 records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
23.2 If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Contractor shall indemnify and hold harmless City for any and
all claims for damages resulting from Contractor's violation of this Section.
Garland/DBS, Inc. Page 8
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Administrative Manager
Fire Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Steve Lampman
Garland/DBS, Inc.
3800 East 91 s1 Street
Cleveland, OH 44105
25. CLAIMS
25.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
25.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
Garland/DBS, Inc. Page 9
26. TERMINATION
26.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
27.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
28.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
Garland/DBS, Inc. Page 10
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Garland/DBS, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: l7,/2ol( 8
By:
Aaron C. Harp XW 11.4 -it
City Attorney
ATTEST: I ��
Date:
d.0 4
BrownLeilani 1.
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:�(�-
Chip Duncan
Fire Chief
CONTRACTOR: Garland/DBS, Inc., a
Delaware corporation
Date:
Signed in Counterpart
Scott Craft
Vice President, General Manager
Date:
0
Signed in Counterpart
Charles Ripepi
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Lead Public Agency Master Agreement
Exhibit B — U.S. Communities Proof of Membership
Exhibit C — Proposal
Exhibit D —Warranty
Exhibit E — Insurance Requirements
Garland/DBS, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: (2,/2o/l 8
By:
aron C. Harp Iwo 11 -4 -Ib
City Attorney
ATTEST:
Date:
0
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
Chip Duncan
Fire Chief
CONTRACTOR: Garland/DBS, Inc., a
Delaware corporation
Date:_ /- $- Zo/9
Vice -President, General Manager
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A — Lead Public Agency Master Agreement
Exhibit B — U.S. Communities Proof of Membership
Exhibit C — Proposal
Exhibit D — Warranty
Exhibit E — Insurance Requirements
• GORP0R
:Cy 9•'.2
SAL
gWARE""let seat .••••
Garland/DBS, Inc. Page 12
EXHIBIT
LEAD PUBLIC AGENCY MASTER
AGREEMENT
Garland/DBS, Inc. Page A-1
MASTER AGREEMENT
(CON]RAC 7)
I PAGE I OF I DATE:
MASTER AGREEMENT
OWNER: COBB COUNTY BOARD OF COMMISSIONERS
100 CHEROKEE STREET
MARIE'FI'A, CdA 30060
CONTRACTOR: GARLAND/DBS,INC.
3800 BAST 9151 SJREET, CLEVELAND
rer:Cp No.
qeanoed (sate:
0111044105
WORK: ROOFING SUPPLIES AND SERVICES, WATERPROOFING AND RELATED PRODUCES AND SERVICES:
The undersigned parties understand and agree to comply with and be bound by the entire contents of Scalcd Did h 14-5903
:ROOFING SUPPLIES AND SERVICES, WATERPROOFING AND RELATED PRODUC'T'S AND SERVICES
PROJECT MANUAL (aka, the Contractor's Did PropesRI submitted March 27,2014) which is incorporated here in by
refe once. Contractor understands and agrees that the bonds end insurance required by the Project Manual are to be kept
current at all times through the length of each term and for 90 Days following completion of each lerm. Bonds and
insurance nru51 he renewed and presented to the owne at the lime ol'each renewal lcnn if Owner chooses to renew. Bonds
and insurance shall be written by a firm acceptable to the Owner as specified in the Project Manual.
TERM: January 12015 to December 3I 2017, with full renewal options per the Project Martin]. Owner shall exercise renewal
options by issuance and delivery to Contractor of a written notice to renew this Agreement.
PROJECT: ROOFING SUPPLIES AND SERVICES, WATERPROOFING AND RELATED PRODUCTS AND SERVICES in
accordance with the Project Manual.
PRICE: Price as stated for all schedules included in the Project Manual.
BILLING: All original invoices shall be submitted directly to the Cobb County Finance Department. Invoices shall bill only for Work
completed during the period covered by the invoice and shall clearly identify such work in accordance with invoicing
guidelines in the Project Manual.
IN WITNESS WHEREOF, this Agreement has been executed by Owner and accepted by ConUactor to be elbactive as of the date first above
written.
Cobb County Board Of COmnriSS1011CIS
100 Cherokee Street
Marietta, GA 30060
Tim Lce, Chairman
APPRPOR
aU- TO
COUNTY ATTORNEY'S OFFICE
T l
cx
c
� xr. ,x�
C.
Cohh Coertrv... F tpecr the Resr.!
APPROVED
ROARS OF (➢ref b.,==€SSfQ3N rHS
Garland /DBS, Inc.
East 91" Street
CI land, Ohio 4195
✓FD G,1 PREs1 i
vat« 08 dS/aolq
FEDFRAI. TAX ID NUMBER: 27-0288466
CONTRACT AMENDMENT
Sealed Bid N 14-5903
Date of Amendment: April 24, 2018
Owner: Cobb County Board of Commissioners. Cobb County, Georgia
Contractor: Garland/DBS, Inc.
Project: Roofing Supplies and Services, Waterproofing and Related Products and Services
Current Contract Term: January 1, 2018 to December 31, 2018
This action amends the current contract dated September 22, 2014, for Sealed Bid ff 14.5903. It Is valid
when signed by both the Owner and Contractor. The signature of the Contractor indicates his
agreement herewith, Including any adjustments in the contract>pricing, contract term, or contract scope.
This price and payment constitutes full compensation for all costs in connection with and incidental to
items and services specified in the Contract,
Item N 1: Approval of Price Increase
This amendment serves as confirmation that Cobb County Government has approved an average price
Increase of 3.10% on the total product line for materials listed under Garland/DBS, Inc.'s current
Manufacturer's Price Lists, This increase will be retroactive to March 15, 2018.
Prices for roofing supplies and services, waterproofing, and related products and services (Attachment
B) currently posted on the LIS Communities website will remain unchanged, Barring any unforeseen
changes in market conditions, all prices will remain firm through December 31, 2018.
Item M 2 - Contract Extension
The County will exercise Its option to extend the current contact for an additional one year period. The
effective date of the contract extension will commence on January 1, 2019 and end on December 31,
2019.
ACCEPTED - The above listed terns and conditions of this Amendment are satisfactory and are hereby
accepted.
OWNER
Cobb County Board of Commissioners
100 Cherokee Street
Marietta; Georgia 30090
Signe
Title:
Date:
CONTRACTOR
Garland/DBS, Inc,
3800 East 91th Street
Cleveland, Ohio 44105
Signed:-4�
fanotre ok- PepcAr-mAqv7d
Title: C yPr9ottE,( 4 (.CW7Ax7o4
Date: QT /a7 Z 2012.
CONTRACT AMENDMENT
Date of Amendment: May 18, 2017
Sealed Bid # 14-5903
Owner: Cobb County Board of Commissioners. Cobb County, Georgia
Contractor: Garland/DBS, Inc.
Project: Roofing Supplies and Services, Waterproofing and Related Products and Services
Current Contract Term: January 1, 2017 to December 31, 2017
This action amends the current contract dated September 22, 2014, for Sealed Bid # 14-5903. It is valid
when signed by both the Owner and Contractor. The signature of the Contractor indicates his
agreement herewith, including any adjustments in the contract pricing, contract term, or contract scope.
This price and payment constitutes full compensation for all costs in connection with and incidental to
items and services specified in the Contract.
Item # 1: Approval of Price Increase
This amendment serves as confirmation that Cobb County Government has approved an average price
increase of 3.78% on the total product line for materials listed under Garland/DBS, Inc.'s current
Manufacturer's Price Lists. This increase will be retroactive to February 2, 2017.
Prices for roofing supplies and services, waterproofing, and related products and services (Attachment
B) currently posted on the US Communities website will remain unchanged. Barring any unforeseen
changes in market conditions, all prices will remain firm through December 31, 2017.
Item # 2: Product Line Addition
This amendment serves as confirmation that Cobb County Government has approved the addition of a
line of water proofing products supplied by Urethane Polymers International, a Garland Industries
subsidiary. UPI products listed on the revised price proposal sheet will be available under this Master
Agreement and prices shall remain firm through December 31, 2017.
ACCEPTED -The above listed terms and conditions of this Amendment are satisfactory and are hereby
accepted.
OWNER
Cobb County Board of Commissioners
100 Cherokee Street
Marietta, Georgia 30090 V
Signed:
Title:
Date: r�
CONTRACTOR
Garland/DBS, Inc.
3800 East 91th Street
Cleveland, Ohio 44105
Signed: Q
Title: �f&^I TrRotLEl2 -4' SzuJ6112
Date:
May 3, 2017
Mr. Frank Pereaciante
Garland/DBS
3800 East 91" Street
Cleveland, Ohio 44105
Dear Frank:
COBB COUNTY
PURCHASING DEPARTMENT
100 Cherokee Street, Suite 260
Marietta, Georgia 30090
phone: (770) 528-8400 • fax: (770) 528-8428
William J. Tommie Jr., CPPO
Purchasing Director
Please accept this letter as confirmation of Cobb County Government's intent to extend the current US
Communities contract for Roofing Supplies and Services, Waterproofing, and Related Products and
Services for an additional one year period. The effective date of the contract extension will commence
on January 1, 2018 and end on December 31, 2018.
All products and services provided under the contract will continue to be in accordance with pricing, and
terms and conditions set forth in Bid # 14-5903 and any subsequent contract amendments.
Sincerely,
ammie Jr., CPPO
Purchasing Director
Equal Opportunity Employer
Cobb County—Expect the Best!
www.cobbcounty.org
CONTRACT AMENDMENT
Date of Amendment: August 4, 2015
Sealed Bid # 14-5903
Owner: Cobb County Board of Commissioners. Cobb County, Georgia
Contractor: Garland/DBS, Inc,
Project: Roofing Supplies and Services, Waterproofing, and Related Products and Services
Current Contract Term: January 1, 2014 to December 31, 2017
]'his action amends the current contract dated September 22, 2014, for Sealed Bid # 14-5903. It is valid
when signed by both the Owner and Contractor. The signature of the Contractor indicates his
agreement herewith, including any adjustments in the contract pricing, contract term, or contract scope.
This price and payment constitutes full compensation for all costs in connection with and incidental to
items and services specified in the Contract.
Item # 1: Approval of Price Increase
This amendment serves as confirmation that Cobb County Government has approved an average price
increase of 1.3% on the total product line for materials listed under Garland/DBS, Inc.'s Manufacturer's
Price Lists. This increase will be retroactive to May 1, 2015.
Prices for roofing supplies and services, waterproofing, and related products and services (Attachment
B) currently posted on the U.S. Communities website will remain unchanged. Barring any unforeseen
changes in market conditions, all prices will remain firm through December 31, 2016.
ACCEPTED -The above listed terms and conditions of this Amendment are satisfactory and are hereby
accepted.
OWNER
Cobb County Board of Commissioners
100 Cherokee Street
Marietta, Georgia 30090
Signed:
Title• /
Date: / zl�
CONTRACTOR
Garland/DBS, Inc.
3800 East 91th Street
Cleveland, Ohio 44105 /
.r``✓
Signed: --V,._._. _.�.._...
!}v�ftj2X3,r'i)
Title: &14/ f�r�c/Ac �N7F Gsr+rtz�cir R t- [ys tfF1L
Date:V/r7'r/l,,,1r
CONTRACT AMENDMENT Date of Amendment: April 6, 2015
Sealed Bid # 14-5903
Owner: Cobb County Board of Commissioners. Cobb County, Georgia
Contractor: Garland/DBS, Inc.
Project: Roofing Supplies and Services, Waterproofing and Related Products and Services
Current Contract Term: January 1, 2014 to December 31, 2017
This action.amends the current contract dated September 22, 2014, for Sealed Bid # 14-5903. It is valid
when signed by both the Owner and Contractor. The signature of the Contractor Indicates his
agreement herewith, Including any adjustments in the contract pricing, contract term, or Contract scope.
This price and payment constitutes full compensation for all costs in connection with and incidental to
items and services specified in the Contract.
Item # 1: Verification of Contract Scope — Waterproofing and Related Products and Services
This amendment serves as confirmation that Waterproofing and Related Products and Services were
solicited under the original contract scope for Bid It 14-5903. Materials related to waterproofing and
related services were listed in the Pricing section (Attachment B) of the solicitation document and
Garland/DBS, Inc. provided unit prices for these Items in their bid response. It was the intent of Bid # 14-
5903 to include these items so that Cobb County, GA and other governmental entitles could utilize the
contract for roofing related waterproofing projects, as well as, Interior and exterior building stand-alone
waterproofing projects.
ACCEPTED -The above listed terms and conditions of this Amendment are satisfactory, and are hereby
accepted.
OWNER
CONTRACTOR
Cobb County Board of Commissioners Garland/DBS, Inc.
100 Cherokee Street 3800 East 91th Street
Marietta, Georgia 30090 Cleveland, Ohio 44105 ��
Signed: d Signed: /'-+.� /"�
g C�u-r2a.e,e~R�-
Title: Title: ifKdAW R/TcRu9C7Aa✓YE Ao7#oklxcb SuAlr'kQ_
Date: __/,��� Date:
EXHIBIT B
U.S. COMMUNITIES PROOF OF
MEMBERSHIP
Garland/DBS, Inc. Page B-1
Exported by: Pobi¢User . 06/20/2019 13 EST
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108 C, of CaIRKdral G1,
l09 CITY OF CERES
110 CItt OF CERROOS
111 CITYOFCHICO
112 Cm OF CHINO
113 CITY OF CHINO HILLS
114 CITY OF CHOWCHIILA
115 CITY OF CHOU VISTA
116 CITY OF CITRUS HEIGHTS
117 CITY OF CLAREMONT
118 CITY OF CLAYTON, CALIFORNIA
119 CITY OF CIEARAKE
120 CITY OF CLOVIS
121 CITY OF COACHELLA
122 CITY OF COALINGA
123 olY of CORaa
124 CITY OF COLTON
125 CLAY OF COLUSA
126 C IW OF C OM ME RCE 15TJ
122 CITY OF COMPTON
128 CITY OF CONCORD
129 CITY OF CORCORAN
130 CITY OF CORNING
131 CITY OF CORONA
132 CITY OF CORD NA00
133 CITY OF COSTA MESA
134 COY OF COTAT
135 COY OF COVINA
136 CITY OF CRFSCFNT CITY
132 CITY OF CUDAHY
13B CITY OF C ULVEP CITY
139 CITY OF CUPERTINO
140 CITY OF CYPRESS
141 CITY OF DAL' CI TY
142 CITY OF DANA POINT
143 1. OF )XII
144 Cry of Don, Too ..,I
145 CITY OF DEL MAO
146 Cm OF 0ENN0
142 CITY OF DESERT HOT SPRINGS
148 CITY OF DIAMOND BAR
149 CITY OF DINUBA
I50 CITY OF DIXON
151 CITY OF DOWNEY
152 CITY OF L.A.
153 CITY pF UBUN
1S4 CITY OF OUNSMUIR
155 CITY OF EAST PALO ALTO POUCE DEPARTMENT
156 "Us OF FI CAION
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158 CITY OF FL CERRITO
159 CITY OF FL MONTE
160 CITY OF EL SEGUNW
161 CITYOF ELK GROVE
162 CITY OF EMERYVILLE
163 CITY OF ENCINITAS
164 CT'OFWALON
165 CITY OF ESCON0IDO
166 DAY Of Eureka
167 CITY OF EXETER
168 CITY OF FAIRFIEID
169 CT OF FARMERSAULE
170 CT OF FERNDALE
171 CT OF FILLMORE
171 Ill I.F.P.
123 CITY OF FONTANA
174 CITY OF FORT BRAGG
175 or, of FOHuna
I76 CITY OF POSTER CITY
177 CITY OF FOUNTAIN VALLEY
178 CITY OF FOWLER
179 CITY OF FREMONT
180 CItt OFFRESNO
181 CIry of I.- PARI
182 CITY OF FULLERTON
183 CITY OF GALT
184 CITY Of GARDEN GROVE
185 CITY OF GARDENA
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107 CITY OF GLENDALE
188 CITY OF GLENDORA
189 CITY OF GOLETA
190 CITY OF G R4N 0 TE BRACE
191 CITY OF G REENF BAD
192 CITY OF GWIDLEY
193 CITY OF GRIIILY FLATS
194 CT OF GROVFR BEACH
195 CITY OF GUADALUPE
196 olY of Gust,,,
197 CITY OF HANFORD
198 CITY OF HAWAIIAN GARDENS
199 CITY OF HAWMDPNE
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201 CITY OF HEAU350URG
202 CITY OF HEMET
203 CITY OF HERCULES
204 CITY OF HERMOSA$EACH
205 CITY OF HESPERIA
206 my of HILL—HIS
207 Cm OF MAINLAND
206 OTYOF HOwSTER
209 CITY OF HOLTVILLE
210 CITY OF HUNTINGTON BEACH
211 City of Huntington Park
212 CITY OF IMPERIAL
213 CUP OF IMPERIAL EACH
Z14 CITY of INDIAN WELLS
225 CITY of INDUSTRY
216 CITY OF INGLEWOOD
217 CITY OF ZONE
218 CITY OF I RVINE
219 City of bilee SSNP
220 CITY OF IRWINDALE
221 CITY, OF FEB..
222 CITY OF KING CIY
223 CT OF K INGSBURG
224 CITY OF KNOWLEDGE
225 City Of to Canatla
226 CITY OF LA HABRA
222 CITY OF Le MESA
238 CITY OF CA AR MDA
229 CITY OF IA PA LMA
230 CT OF IA AGENTS
231 CT OF IA OUINTA
232 CT OF IA VERNE
233 CRE of Lafayette
234 CITY OF LAGUNA BEACH
235 CITY OF LAGUNA HILLS
236 CITY OF LAGUNA NIGUEL
232 CITY OF LAGUNA WOODS
238 CT OF LAKE ELSINORE
239 CT OF TAKE FOREST
240 CitYOFLake ForeR- Public SENLYDivision
341 CT OF LAKEPORT
242 CITY OF WKEWOOD
243 CITY OF IAMSPOR
244 CITY OF LA NNOALf
245 CITY OF LEMON GROVE
246 city of LemooLe
243 CITY OF LINCOLN
248 CITY OF LINDSAY
249 CITY OF LIVE OAK
250 CITY OF LIVERMORE
251 CITY OF LIVINGETON
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253 CAYof La El FLMMcUPIHY
254 CITY OF LOMA UNDA
255 CITYCFLOMITA
256 CITY OF LOMPOC
252 COY OF LONG BEACH
258 CT' OF LOS AIAMITOS
259 Cm OF LOS ALTOS
260 CITY OF LOS ANGELES
261 CITY OF LOS ANGELES DEPARTMENT OF WATER
262 City of UP Angeloo os A1611 i Wary AimaRi
263 City ofLos Ran -
264 CITY OFLOYALTON
265 CITYCFLYNWOOD
266 CITY OF MAGMA
267 CT OF MAUBU
268 CT OF MANHATTAN BEACH
269 CT OF MANI
220 CT OF MARINA
271 CT OF MARTINEZ
222 CITY OF MARYSVILLE
213 CITY OF MAYWOOD
234 CITY OF MCFARUNO
235 CITY OF MENDOTA
236 City of Menifee
233 CITY OF MENLO PARK
238 CT OF MERCED
239 City Of KILL Valley
260 CT OF ISHIS AE
281 CITY OF MILEMS
282 CITY OF MISS I0N VIEH3
283 CITY OF MODESTO
284 oty of movovia
285 CITY OF MONTMIR
286 tit, OT Monte Selena
283 City of Montebello
280 City of montebellO TiansponaUan
289 CT OF MONTEREY
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291 CT OF MONTEREY PARK
292 CITY OF MOCROMP
293 CITY OF M0RENO VALLEY
294 CITY OF MORGAN HILL
295 CITY OF MOM. BAY
296 City of Morto Bay Fire Dept
293 CITY OF MOUNTAIN NEW
298 GIy o1 MI 5Raita
299 CITY OF MURSETA
3DO CITY OF NAPA
301 CITY OF NATIONAL CITY
302 City M National City-NUNoon tenter
303 ot, of news.
304 CT OF NEWPORT BEACH
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306 CIN OF OAKDALE
307 CIN OF OA ALAN
308 CIN OF OAK IEY
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310 ON OF AlN
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312 CIN OF ORANGE
313 CIN OF ORINOA
314 OFF of Orland
315 CT OF OROVILLE
316 CINOFOKNARD
312 CITY OF PACIFIC GROVE
318 CIN OF PACIFICA
319 GTO OF PALM DESERT
320 CUT OF PALM SPRINGS
321 CIP OF PALMDALE
322 CIN OF PALO ALTO
323 CITY OF PALOS VERDES ESTATES
324 CITY OF PAPAMOUNT
325 CO OF PAAUDENA
326 CITY OF PAID ROBIES
322 CITY OF PATTERSON
328 CIN OF PETALUMA
329 Gry of PGA
330 CITY OF PICO RNERA
331 Ory Of P 1 Gen. Debt of Parka & 0.eoea tion
332 CITY OF PROVOKE
333 CITY OF BUMO BEACH
334 CITY OF PI EURG
335 CITY OF PIACENTIA
336 CITY OF PLACERVILLE
332 CITY OF PLEASANTON
338 CITY OF POMONA
339 CITY OF PORT HUENEME
340 CITY OF PORTERNLLE
341 CEO OF POWAY
342 CEO OF RANCHO CORDOVA
343 CM OF RANCHO CUCAMONGA
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345 CIN OF RANCHO PALOS VERDES
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342 CIN OF RED BLUFF
348 CITY OF REDDING
349 GUY OF REDLANDS
350 COY OF REDONDO BEACH
351 CIN OF RIALTO
352 CIN OF RICHMOND
353 Ci[, of AIII nd Oarka Dlylsionl
354 City of Birbeelesr
355 CIN OF RIO VISTA
356 CIN OF RIPON
352 CIN OF RNERBANK
358 CIN OF RNERSDE
359 At, of Riverside RIA Deo,.
360 ClO&Rl.G.ide, Pa M s,0.e[rearlOn Communlry Services De bi rim enr
361 CIN OF ROCKLIN
362 CIN OF TORBERT PARK
363 FLY AT Fall, THIN, Estates
364 CIN OF ROSEMEAD
365 CIN OF ROSEVILLE
366 CIN OF SACRAMENTO
367 CEO OF SAMNA$
368 CEO OF SIN BERNARDINO
369 CIN OF SAN BERNARDIN0 MUNICIPAL WATER DEPARTMENT
320 CITY OF SAN BRUNO
321 CITY OF SAN BUENAVENTURA
322 Cm OF SAN CARLOS
323 CITY OF SAN CLEMENTE
324 DO OF SAN DIEGO
325 are DI San Dlnn P,rma,,,g,,d Conact,
376 CITY OF SAN DIMAS
322 CITY OF SAN FERNANDO
328 CITY OF SAN GABRIEL
379 CITY OF SAN JACINTO
380 CITY OF SAN JOSE
381 CO OF SAN JUAN CAPISTRANO
3B2 CIN OF SAN LEANORC
383 CIN OF SAN LUIS CRISTO
304 CIN OF SAN MARINO
385 CIN OF SAN MATEO
306 CITY OF SAN MATEO LIBRARY DEPARTMENT
382 Ciry of San Mateo On Yard
380 CITY OF SAN PABLO
389 CM OF SAN RAFAEL
S. Cit, of San Rafael Fire DeoaFmen,
391 CPOOFSANBAMON
392 CITY OF SANGER
393 CITY OF SANTA ANA
394 City of Anra Barbara
395 CITY OF SANTA BARBARA
396 CIN OF SANTA CUBA
397 CITY OF SANTA CNRITA
398 CIN OF SANTA CRUZ
399 CIN OF SANTA FE SPRINGS
ADD CIO OF SANTA NAORIA
JOT CIN OF SANTA PIANO,
402 CIN OF SANTA ROSA
403 CIN OF SANTEE
404 CIN OF SARATOGA
405 City of Y a" Valley
406 CITY OF SEAT BEACH
402 111 OF SEASIDE
400 CITY OF SEBASTOPOL
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410 Cm of SHASTA URE
411 CITY OF SIERRA MADRE
412 CTL' OF SIGNAL HILL
413 CITY OF SIMI VALLEY
414 Ciry of Slmi Valley Transit
415 CIN OF SOUNA RGCH
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41] CITY OF SOLVAING
41' CRY OF SONOMA
419 cry of so non I re Dep a n anent
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424 CITY OF SO UTH SAN FRANCISCO
425 CITYOFST. HELENA
4z6 CRY OF STAMON
427 CITY OF STOCKTON
42B CITYOFI PUT R
429 CITY OF TAFT
430 cl Volrre Chapl
431 City of Tehama
432 CITY OF TEMECLU
433 City of Temple City
434 CITYOF TH W SAND OAKS
435 CITY OF TORRANCE
436 CITY OF TMCY
43] CITY OF TU URE
43R CI TY OF TO BLOCK
439 CITY OF TUSTIN
440 CITYOF UKIAH
441 cnv OF uxmN Cllr
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449 cIW OF VISTA
450 OW OF WALNUT CREEK
451 CIW OF WAWUI.0
453 City OrkWeCo
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454 CIWOPWEED
a55 CIW OF WF ST COVINA
456 CIW OF CY: THOLLYWOOD
45] CIW OF WEST SACRAMENTO
45B CITY OF W ESTURE VILLAGE
459 CITY OF WESTMINSTER
460o1y of Westmorlanda61 City Of wxeatlan'
463 CITYOF WNIR
463 tit, 01 Willits
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465 CT'OF WIMERS
46B CRy OF WOODUKE
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472 Cly of DI kewootl
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490 FL TORO WATER DISTRICT
491 Everest, Kansas Community Park
493 Falr OkiA Orel& Park District
493 FAIROAKSWATEROINFRICT
494 FAIgFIfLD POUCE ACTrvRIES LF
495 FAIBFIfLD- SUISUN SEWER 015TRICT
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49] F000m Police Dtpartmnt
49R Fori Bragg Poli" Department
499 =M'Qm PpBce Department
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501 Ga Nene Police Department
S03 GlenmmrGaNens
503 GLENN COLOU IRRIGATION DISTRICT
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500 HEBFR PUBLIC UTILITY DISTRICT
509 Hermosa Beach Poen rept.
510 HIDDEN VALLEY UKE COMMUNITY SERVICES DISTRICT
511 HILLSBOROUGH Pi Department
512 Further-Park Irl', Department
513 INFORMATION Ell NOLOGY/CITY OF BEVERLY HILLS
514 INTERUCE COMMUNITY
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517 Isla Urta formal &Park Oist er
510 JAMESTOWN SANITARY DoLINCT
519 krone Area RentaLlon and Pate Giants
520 IURUPA COMMUNITY SERVICES DIST
521 XHSO
522 CAME PILLSBURY WATER COMPANY
523 LANCASTER CITY
52A Les Gillian, Valley Sanitary OUtn[t
525 LAS NRGENES MUNICIPAL WATER DISTRICT
526 LEAGUE OF CA CITIES
527 CMbeBb Parking Inc
52e Lone Fire Fire Prolmmn conflict
529 Long Beach Airport
530 Lend Bea[F Fire CAdNmdent
531 Eong G WA Transit
532 EongObart-Ross Consulting list.
533 Los Angeles Dept of Transportation
534 Los Angeles Fire Department
535 LOS ANGELES PUBLIC UBMRY
536 MARIN CITY COMMUNITY DEVELOPMENTCORPORATION
537 MARIN CITY COMMUNITY SERVICES DISTRICT
538 Marma Coast Water Darnt
539 Al"" s Villageandancren
540 MenIOPaAFee ndecannOistrict
541 Midway City Sanitary Distnct
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543 MODESTO VISITOR& CONVENTION BUREAU
544via Fire &Rescue
545 MONTE VLSTA WATER DEPARTMENT
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547 Moulton Niguel Water District
54B Mountain House Community 5ervifes Cents,
549 MRW s.
550 AD Yew Sanitary District
551 NEVADA IRRIGATION DISTRICT
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553 Novato Sanitary OilRd[t
59 oak Park Senior Citizens Center
555 OAIRLAND MUSEUM OF CALIFORNIA
556 Onklied Polite Department
557 Oakland Public UE2ry-Cityol Oak la ki
558 Olan[ba Fire DEPartment
559 OLNENHAIN MUNICIPAL WATER DISTRICT
560 Oro Soma sanitary District
561 Oanard Harbor Disuse!
562 Padre Cam Municipal Water District
563 Baer polmny Mesa Community 5en'i[e Distnct
564 Palm Springs Aerial Tramway,
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566 PARADISE IRRIGATION DISTRICT
561 Pasane ria Wap—of power
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369 PEBBLE BEACH COMMUNITIES SERVICES DISTRICT
S10 Perianal All services CDunnl
571 Petaluma Department of PU LeI C Works& Utilities
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513 Pleasanton Garbage Service In[
574 POMONA VALLEY TRANSPORTATION AUTFOWTY
515 Partenille Fire Oepanmenr
576 OVARR HILL WATER DtSTRIR
577 RAMONA MUNICIPAL WATER DISRTI CT
578 MNCH051MIREMEMION AND PARXDISTRICT
579 Red Bluff Polite Department
580 REDEVELOPMENT AGENCY OF THE CITY AND COUNTY OF SAN FRANCISCO
501 REDEVELOPMENT AGENCY OF THE CITY OF FRESNO
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504 Redwood Ciry Police Containment
585 Richmond Fire
506 Richmond Public Library
507 bancon Del Diablo Municipal Water Grand
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509 Roseville Public Ce me[eryDUtria
590 RUDDOUX COMMUNITY SERVICES DISTRICT
591 Sanamenm Convention and Visitors Bureau
592 SACRAMENTO MUNICIPAL UTIUN DISTRICT
193 "not nos Public Library
194 In Rentartlino 1.1 1Airport Amnonty71.A
195 Ln Diego try -Revue
196 SAN DIEGO UNIFIED PORT DISTRICT
597 San Francism- CD, of Contact Atlmirvstration
598 SAN FRANCISCO CONVENTION & ASITOR5 BUREAU
599 Saa Francisco Sym phony
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601 s vis delta Mendota war erautnority
602 SIN key
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604 Santa Ma Police Department
605 Santa Barbee, Metropolitan Transit District
06 SANTA CIA RA VALLEY WATER DISTRICT
601 SANTA CRUZ METRO TRANSIT
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614 Sili[an Valley Clean Water
615 SOLEDAD POLICE DEPARTMENT
616 siduch placer monsmal utility dist[
617 SDutb Santa Clara Valley Mem rral Diss!n[t
61B Stanislaus <onrolitla [ed Fire Prod,con
619 Stockish Police 0eoartment
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633 TamAls Ccmmot", SA"'k O'Bea, CA
624 TEHACHAPI POLICE DEPARTMENT CA
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626 Tester CA
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639 Lim Oo mberg CA
630 TOWN OF APPLE VALLEY CA
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633 TOWN OF DANVILLE CA
fi33 Town of Fall Pallce Depart menl CA
634 TOWN OF NILLSBOROUGN CA
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630 Lown of Mammoth lakes CA
639 TOWN OF MORAGA CA
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643 Tawn of Pri nceton CA
613 TOWN Of SAN ANSEIMO CA
644 Town of "1... I/P.Ah, Wm E, CA
645 TOWN OF TRUCKfE CA
646 TOWN OF WIN OSOR CA
647 TOWN OF YOUNTALLE CA
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649 To CHy Nealmcare Dnmet CA
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653 TWENTY N INE PALMS CITY CA
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fi56 Val lep Nousing&Common", Os, CA
fi5] Ventura Wale, CA
fi5B Usslia Police Depart m¢nl CA
659 NSTAIRRIGATION D6fRIR CA
YAWASCO RECREATION AND PARK DIMPOT CA
EG1 WGVERVILLE COMMUNITY SERVICES DISTRICT CA
662 West fro Emem"A"0.esppn se Comml en CA
663 W ksl She Recreation 8 Palk Ois[nc CA
664 WE57AN CONTRA COSTA TRANSIT AUTNORUY CA
665 Wheeler Fall M riwpa Water Storage DisVic[ CA
666 WhF. Nen Fall, CA
66] William Gra nl S[lli p"S Centel CA
660 Willow Creek Mulual Water Company CA
669 Wlndw, Sire Proetetion District CA
6]0 Wpo4ptle F ire Poles ion Detnct CA
6]1 YOREA LINDA WATER DISTRICT CA
Total -6]1
EXHIBIT C
PROPOSAL
Garland/DBS, Inc. Page C-1
Garland/DBS, Inc.
3800 East 9181 Street
Cleveland, OH 44105
Phone: (800) 762-8225
Fax: (216) 883-2055
ROOFING MATERIAL AND SERVICES PROPOSAL
City of Newport Beach
Fire Station #4
124 Marine Avenue
Newport Beach, CA 92662
Date Submitted: 11/27/2018
Proposal #: 25 -CA -180276
MICPA # 14-5903
California General Contractor License #: 949380
Purchase orders to be made out to: Garland/DBS, Inc
Desigo9uiltl Solutions, Inc.
1
A Su65idiary o(Garlar#Induslnes
Please Note: The following budget/estimate is being provided according to the pricing
established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA)
with Cobb County, GA and U.S. Communities. This budget/estimate should be viewed as the
maximum price an agency will be charged under the agreement. Garland/DBS, Inc.
administered a competitive bid process for the project with the hopes of providing a lower
market adjusted price whenever possible.
Scope of Work: Pedestrian Plaza Deck System
1. Clean all surfaces to receive coating.
a) Power Wash and dry.
2. Nail down all cracks exceeding 26" (66cm) in length with ring shank nails and caulk
with Garland single -component Tuff -Stuff Sealant.
3. At all projections such as rails, pipes, etc., apply a bead of Tuff -Stuff polyurethane
caulk.
4. Prime all surfaces with Dura -Walk Primer at the rate of 0.5 gal. /100 sq. ft., mix only as
much as can be used in a 1-1 1/2 hour period and allow to dry.
5. Apply over primed concrete a uniform coating of Dura -Walk Base Coat at the rate of
1.5 gal./100 sq. ft. Avoid all pinholes and repair them as they occur. Allow coat to cure
overnight for at least 8 hours.
6. Apply a second coat of Dura -Walk Base Coat at the rate of 1.5 gal./100 sq. ft. Use a
heavy-duty roller for even application.
7. Immediately broadcast 25 to 30 lbs. per 100 square feet of aggregate uniformly into
wet coating. Then, coat and broadcast small areas at a time for even distribution
making sure not to overlap aggregate and coating. Allow the wear course to cure for at
least 16 hours, but no more than 72 hours before applying the finish coat. Once the
wear course is dry sweep up any loose granules before applying Dura -Walk Top Coat.
8. Apply Dura -Walk Top Coat (in the desired color) by roller, brush or spray at the rate of
1 gal./sq.; allow to fully cure for 24 hours before light foot traffic and 48 hours before
heavy use.
Line Item Pricing
Item #
Item Description
Unit Price
Quantity
Unit
Extended Price
Labor & Material - Empire Waterproofing, Inc.
$ 14,291.00
1
EA
$ 14,291
Sub Total Prior to Multipliers
$ 14,291
23.171
Additional repair options: Option 1 - Estimating
repairs can be done on a labor and material cost
plus basis
14%
%
$ 2,001
Sub -Totals After Multipliers
1
1
$ 16,292
Pedestrian Plaza Deck System:
;Proposal Price Based Upon Market Experience:
$ 16,292
ADD 10% Contingency: $ 1,629.20
Proposal Price Based Upon Market Experience (including Contingency): $ 17,921.20
Garland/DBS Price Based Upon Local Market Competition:
Empire Waterproofing, Inc. $ 16,292
Gunner Caulking & Sealants $ 21,215
Adco Roofing & Waterproofing $ 31,857
Potential issues that could arise during the construction phase of the project will be addressed
via unit pricing for additional work beyond the scope of the specifications. This could range
anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing
valid through 12/31/2018.
If you have any questions regarding this proposal, please do not hesitate to call me at my
number listed below.
Respectfully Submitted,
a& `i9"
Matt Egan
Garland/DBS, Inc.
(216)430-3662
EXHIBIT D
WARRANTY
Garland/DBS, Inc. Page D-1
Warranty No: Effective Date:
The Garland Company, Inc
Ten (10) Year Material Warranty
Owner Name: City of Newport Beach Contractor Name: Garland/DBS, Inc.
Address: 100 Civic Center Drive Address: 3800 EAST 91ST STREET
City. Newport Beach StatefZip: CA/9266O City; CLEVELAND State2ip: CH/441O5
Building Name: Fire Station No. 4 - 124 Marine Avenue Products: Dura-Walk
Deck ID: Square Footage: Approx 1,500 sq. ft.
MANUFACTURER RESPONSIBILITIES
The Garland Company, Inc, (hereinafter referred to as "Garland"), a Corporation of the State of Ohio, warrants to the above named owner that our product will be free from defect and meet
the minimum published specifications for the material for a period of ten (10) years from the dale of manufacture.
Any materials found to be defective or below the minimum published specifications during the warranty period will be replaced by Garland in fresh, unopened containers. Garland will not
be responsible for any damages to the building or its contents or any other consequential damages and its responsibility is limited to replacing any defective materials.
This warranty cannot be altered or amended nor may any other warranties or representations be made by any agent or employee of Garland unless such alteration, amendment or other
representation is issued in writing by a duty authorized officer of Garland and sealed with Garland's Corporate Seal. This warranty does not cover cosmetic deficiencies. In order to qualify
for this warranty, the plaza deck system must have been installed in strict accordance with Garland's published literature.
APPLICABILITY OF WARRANTY
This warranty is valid only when applied by a Garland approved waterproofing contractor for approved plaza deck system specifications. All repairs, changes, alterations, modifications and
additions to the plaza deck system must be authorized in advance in writing by Garland. This warranty is not assignable, directly or indirectly as a result of the sale of the premises or
otherwise. This warranty shall not be applicable if, in the sole judgment of Garland any of the following shall occur:
A. The plaza deck system is damaged by natural disasters including, but not limited to, fire, floods, lightning, hail, earthquakes, wind damage, etc..
B. The plaza deck system is damaged by structural movement or failure or movement of any material underlying the plaza deck system or base flashing.
C. The plaza deck system is damaged by acts of negligence, misuse or accidents including, but not limited to, use of the deck for other than waterproofing the building, vandalism, civil
disobedience or acts of war.
D. Discoloration, cosmetic deterioration or change in the visual appearance of the plaza deck system or Garland's top coating.
E. Damage to the plaza deck system resulting from:
1. Infiltration or condensation of moisture in, through, or around walls, copings, building structure or underlying or surrounding areas.
2. Lack of positive drainage.
3. Movement or deterioration of metal adjacent or built into the plaza deck system or base flashing.
4. Chemical contaminate attacks on the plaza deck system which have not been approved or accepted by Garland.
5. Building design or construction,
6. Traffic or storage of materials on the deck coating system.
7. Defects in, failure or improper application of the underlying material used as a base upon which the plaza deck mating system is applied.
8. Acts of parties other than manufacturer or authorized waterproofing contractor.
F. Failure of owner to property notify Garland in writing and receive written approval of.
1. Changes in the usage of the building.
2. Modifications or additions to the plaza deck system.
G. Failure of owner to properly maintain the plaza deck.
H. Failure of owner to comply with each and every term or condition stated herein.
Garland assumes no responsibility for damage that occurs to the structure or interior of the structure, including the contents therein, from any type of leaks or any other consequential
damages. Garland's sole responsibility is limited to replacing any defective materials.
OWNER RESPONSIBILITIES
Garland recommends owner participation in the Garland Waterproof Maintenance and Inspection Program.
This warranty becomes effective only upon full payment of all bills for supplies and installation of the Garland waterproofing system.
This warranty shall be construed under and in accordance with the laws of the State of Ohio. This warranty constitutes the sole and only warranty of the parties hereto and supersedes any
prior understandings or written or oral warranties between the parties respecting the subject matter within.
ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE ARE EXCLUDED FROM THE SALE OF PRODUCTS
COVERED BY THIS WARRANTY.
In the event that any one or more of the provisions contained in this warranty shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof, and this warranty shall be construed as if the invalid, illegal or unenforceable provision had never been contained therein.
WARRANTY ACCEPTANCE. Owner hereby accepts and agrees to the terms and conditions set forth in this Warranty.
The Garland Company, Inc. 13800 East 91" Street ) Cleveland, Ohio 44105
EXHIBIT E
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Garland/DBS, Inc. Page E-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
Garland/DBS, Inc. Page E-2
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
Garland/DBS, Inc. Page E-3
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Garland/DBS, Inc. Page E-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 9/21/18 Dept./Contact Received From: Angela
Date Completed: 9/27/18 Sent to: Angela By: Jan
Company/Person required to have certificate: Garland / DBS, Inc.
Type of contract:
Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 12/5/17— 12/5/18
A.
INSURANCE COMPANY: Ironshore Specialty Insurance Company
B.
AM BEST RATING (A-: VII or greater): A / XV
INSURANCE COMPANY: Travelers Indemnity Company
C.
ADMITTED Company (Must be California Admitted):
B.
Is Company admitted in California?
❑ Yes E No
D.
LIMITS (Must be $1M or greater): What is limit provided?
$1M/$2M
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
E Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
Is Company admitted in California?
include): Is it included? (completed Operations status does
❑ No
D.
not apply to Waste Haulers or Recreation)
E Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
UM, $2M min for Waste Haulers): What is limits provided?
COMPLETED OPERATIONS ENDORSEMENT (completed
E.
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
(What is limits provided?)
N/A
its officers, officials, employees and volunteers): Is it
F.
included?
E Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
included): Is it included?
E Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
HIRED AND NON -OWNED AUTO ONLY:
E N/A
is not limited solely by their negligence) Does endorsement
❑ No
I.
include "solely by negligence" wording?
❑ Yes E No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
E N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 12/5/17 — 12/5/18
A.
INSURANCE COMPANY: Travelers Indemnity Company
B.
AM BEST RATING (A-: VII or greater) A++ / XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
E Yes
❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E.
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A
E Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
E Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
E N/A
❑ Yes
❑ No
I.
NOTICE OF CANCELLATION:
❑ N/A
E Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 12/5/17-12/5/18
A.
INSURANCE COMPANY: Travelers Property Casualty Company
of America
B.
AM BEST RATING (A-: VII or greater): A++/ XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
® N/A ❑ Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
VI BUILDERS RISK
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Broker of record for the City of Newport Beach
9/27/18
Date
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval required for non -admitted General Liability carrier. 9/24/18 Risk Management
approved use of non -admitted carrier.
Approved:
Risk Management Date
* Subject to the terms of the contract.