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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 Who us s U. S. Commuddles Age..Name State Total IA Gross Cities, Towns, Villages art Boroughs 671 1 A SMILEY LIBRARY U l Adminstm Uve Services U 3 Air Force Village West U 4 ALAMEDA POWER AND TELECOM U 5 ALL ABOUT US U 6 APPLE VALLEY RANCHOS WATER COMPANY U Arcadia Fire Costly men I Ce B Arvin rammunity y— iiortt U 9 AN.—dem Camber of Commerce U 10 AVIA BEACH COM MUNITY SERVICES DISTRICT U 11 BAY APER COMMUNITY SERVICES U 1] Bear VAR, Com ty Irryto, District CA 13 BEAR VALLEY POLICE DEPARTMENT C" 10 Belmont Fire Department CA Is BERKELEY CORPORATION YARD U Ifi Bob Hope Airport U 1] Bodega Oay Fol Uti l ity restrict U IB RUmNo 111m,Fire Protection Coors, CA 19 Bmokl halt Township i me Department CA se BUCKINGHAM PARK WATER DIST CA ]I BHENA PARK LIBRARY DISTRICT CA Il BurOank Ai Bial CA l3 B...bit Fire CA l4 Burhnk Glendale parade na Airport Authority U I5 BURNEY DISPOSAL. INC. U M Calevi[o Water ire alme nl Plan[ U ]] Calibmia Cenlerlm the Ads U zB CALIFORNIA CITY POLICE DEPT. U E9 ULLEGUAS MUNICIPAL U 30 Cambria IIa re Oer ent U 31 UPITCW POLICE DEPARTMENT U 3z Cmmel Area Wast mater D ismn CA 33 UPPINTEPIA SANITARY DISTRICT U 34 Cast,,,, lake Water Pgency U 3S CASTRO VALLY SANRARY DISTRICT U 36 ICMA CA 3] Cedar Army,hodwl Water Co U 38 CENTRAL MAKIN SANRATION U 39 CMno Hills U 40 C AND COUNTY OF SAN FRANCISCO U 41 Try council of los Angeles U 42 Cityol Alturzs U 43 CITY OF BELLFLOWER U es Clty or Adelanto U 45 CITYOF AGO R4 HILLS U 46 Ott OF ALAMEDA U 47 OIy If Alameda Fire Npaoment CA 4B Cr 1y of Alameda Pudic Warks U 49 CITY OF ALBANY U s0 aty Ch Lha Try u sl an OF A Cal CANYON U 51 111 OF AxA. EIM U S3 CIO ANDERSON U S4 CItt OF ANGELS UMP FIRE DEPARTMENT U Ss Cil, Ol A -Lb lr U 56 C:ttOF APUDIA U s] CIN OF APUTA U SB COY OF ARROYO GRANDE CA 59 CITY OF All U NO Ci11 Arvin U fit CIIYOFATASU0EP0 U 6E CIIYDF ATNATER U 63 CITY DF AUBURN U 64CI101 AVALON U 65 OIY of Avenal U % CITY OF AZUSA U 6] City ol8akerlield Fire p spadb enl Co, At CITY OF BAKERSFIELD CA 69 CRYOF BALOWIN PARK CA ]0 CIN OF BANNING U ]1 Ott OF BARSTOW U ]l CIN OF BEAUMONT U ]3 CITYOf BfLL U )4 CITY OF BELL GAPOf NS CA 75 CITY OF BELMONI CA ]fi CITY OE MINION, CA JJ CITY OF BE PKELFY U ]8 City of Berseley Environmental Health U ]9 CITY OF BEVERLY MILLS U BO CITY OF BIG BAR LIKE CA 1 01 Cityol Big Bear Lake .1 CA Bz or elGGs U 83 C:2 a CIE CA B4 Cry of harbor, CA Bs CIn 010MwLE1 CA B6 CITYOF BPFA [A B] CITYOF BPENTW000 U BB CITY OF BRISBANE CA B9 City of Bnsbne CA 9D CIO F SUE MN U 91 CIIY OF BUENA PARK U 9l CItt OF BURBANK U 93 CIy OI ii.str ame CA 94 CITY DF CALABASAS U Bs Cm OF CALEXICO 96 Cm OF CALIFORNIA CITY R, CIN OF ULIMESA 98 CIN OF CALIPATAM 99 CITY OF CALISTOGA SO] CITY OF CAMARILLO .I On, of Cama[olo lamanRO Sa,oar, D "n't mz Cm OF CAMPBELL 103 OFF of CaW[ola 104 Cm OF CARLSBAD 105 CITY OF CARMEL -BYTHE -SEA 06 CITY OF CARPINTERIA lm CRY of Carson 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 IST CPU OF FL CENTRO 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 I06 CITY OF GILROY 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 CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA U U CA CA u CA CA CA CA CA U U LA LA U CA CA CA CA CA CA CA CA U LA LA LA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA U CA U CA U CA CA CA CA CA CA CA CA CA U U CA U U U CA CA CA CA CA CA CA CA CA CA CA CA CA CA U CA CA CA CA CA 20C CItt OF HAYWARD 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 SIT OTY OF mDI 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 290 City of Monarey Fire Department 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 CA CA CA CA U U EA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA C4 CA CA CA CA CA CA CA CA CA CA C4 CA CA CA CA CA CA CA G CA CA U CA CA G G CA CA CA CA Ce CA CA CA CA CA CA C4 C4 CA C4 CA CA CA CA CA CA CA CA CA CA G CA CA CA CA C4 CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA U 305 CIN OF NORWALK 306 CIN OF OAKDALE 307 CIN OF OA ALAN 308 CIN OF OAK IEY 309 CFO OF OC EA NO DE 310 ON OF AlN ME CIN OF ONTARIO 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 MA CITY OF RANCHO MIRAGE 345 CIN OF RANCHO PALOS VERDES US CITY OF RANCHO SANTA MARGARITA 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 ADA CITY OF SHATTER CA CA CA CA CA CA CA CA CA CA CA CL Ci CA CA CA CA CA CA CJe CA CA CA CA CA CA G CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA EA CA EA CA CA CA CA CA CA CA CA CA CA CIT CA CA G CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA 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 41. CITY of SOLEDAO 41] CITY OF SOLVAING 41' CRY OF SONOMA 419 cry of so non I re Dep a n anent 4]0 City Of,-,E E1 Mantt 4]1 CINOF 5013TH GATE 4]] CITYOF :OUT UK F TAHOE 4]3 CItt oF50UTHPASADENA 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 az ca, m uplam 443 CITY OF VAGVILLE 444 OW OF wuFJa ails City or ve more 446Cil, or Vempn 44] CIW OF VICTORVILLf UK CIW OF VISALIA 449 cIW OF VISTA 450 OW OF WALNUT CREEK 451 CIW OF WAWUI.0 453 City OrkWeCo a53 CIWOF WATSONFLLE 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 se, CRY OF WILLOWS 465 CT'OF WIMERS 46B CRy OF WOODUKE Say Cm OF WODDuxD 46R CIN OF YORBA LINDA 969 CItt OF YflFRA 4 C CITr OF rUBACRY a]1 CITY OF YUCAIPA 472 Cly of DI kewootl 4]3 CLAREMONT REDEVELOPMENT AGENCY 471 Opvemee ICarre nmem 475 Coalinga Police Department 4]6 CONCORD POLICE DEPARTMENT 4n COnGIp6almamoes 4]0 Cavi euce Talion 4]9 — Cold" ", Par, Oistnc .0 Courtly MCJi al SeniCes Program 401 Court Of Appeal 4az crescent Cry Harbor Distinct callCn Nr Poore Demean. m call DE ER SPRINGS FIRE PROTECTIOND RES Detrainment of Park, &get .A..a elle Fire Protection Oobiut la] East Bay Discharges Authority BB EBNIT 4B9 El Cerrito Police Department 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 .1 flue Clt ser fire Autbonty 49] F000m Police Dtpartmnt 49R Fori Bragg Poli" Department 499 =M'Qm PpBce Department SW GALT FIRE PROTECTION DISTRICT 501 Ga Nene Police Department S03 GlenmmrGaNens 503 GLENN COLOU IRRIGATION DISTRICT U COU TA GOTA SANITAR 'DISTRICT se5 Gralonro-e fire deet sCE Haw,im Bar Volunteer Fro oepanmem SO HavwaN Area Rvorki& Park Da Nn 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 U CA CA CA CA CA CA CA CA CA Go CA CA U U CA CA CA U CA Ce CA CA CA U U U U U EA EA Ca CA U CA CA U U U U U U U U U U U U U U Co CA Co U CA CA U U U U C4 U U U Co CA U CA U U U EA CA CA cA CA CA CA U U co, U U U U U CA CA CA CA CA CA CA CA CA u u U Co U U U U U sly porde re samltmy Grew, 516 Inure PD 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 SC2 Mission oaks recreation and parks antrin 543 MODESTO VISITOR& CONVENTION BUREAU 544via Fire &Rescue 545 MONTE VLSTA WATER DEPARTMENT WG MONTEREY SAUNAS TRANSIT 547 Moulton Niguel Water District 54B Mountain House Community 5ervifes Cents, 549 MRW s. 550 AD Yew Sanitary District 551 NEVADA IRRIGATION DISTRICT Si NORTHSTAR COMMUNITY SERVICES DISTRICT 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, let Prim Vertler, Estates Polite Ordainment 566 PARADISE IRRIGATION DISTRICT 561 Pasane ria Wap—of power 56& pc6muture 369 PEBBLE BEACH COMMUNITIES SERVICES DISTRICT S10 Perianal All services CDunnl 571 Petaluma Department of PU LeI C Works& Utilities 5]2 Flarenille Polite Department 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 Sara order do Beall Fire DepaRmenr SBA Red.cocce, 504 Redwood Ciry Police Containment 585 Richmond Fire 506 Richmond Public Library 507 bancon Del Diablo Municipal Water Grand SBS Rodeo Hercules Fire Protection Darm, 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 Mal SAN JOSE DOWNTOWN ASSOCIATION 601 s vis delta Mendota war erautnority 602 SIN key OBISPO POLICE DEPARTMENT EOG SAN MIGUEL COMMUNITY SERVICES 604 Santa Ma Police Department 605 Santa Barbee, Metropolitan Transit District 06 SANTA CIA RA VALLEY WATER DISTRICT 601 SANTA CRUZ METRO TRANSIT E08 ork, les rings fire rescue JOB Santa Mala Cliy .10 14USAUT. CT'OF fill Selma Police Department fila SHASCOM 911 613 Sierra Bonita Village Association Inc. 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 CA CA, CA CA CA CA CA CA CA Co CA CA CG CA CA CA CA CA CA CA CG CA CA CA CA CA U CA CA CA CA CA CA C4 CA CA CA CA G CA G U CA G CA CA G CA CA CA U CA CA CA CA CA CA CA CA CA G CA CA G G G CA CA CA CA CA CA CA CA CA U CA CA CA CA CA CA CA CA CA G CLA CA CA Ct CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA 620 5unun Clty CA fi31 So,, Go, ACInt, Too Imme,em, CA 622 TFNOF CITY PUBLIC UTILIN CA 633 TamAls Ccmmot", SA"'k O'Bea, CA 624 TEHACHAPI POLICE DEPARTMENT CA fi25 Test alam, 4O]1 CA 626 Tester CA fit] THE UTY OF NOVATO CA fi30 ""I" Rural Fire Note" CA 639 Lim Oo mberg CA 630 TOWN OF APPLE VALLEY CA 63l Townol Colma CA 633 TOWN OF DANVILLE CA fi33 Town of Fall Pallce Depart menl CA 634 TOWN OF NILLSBOROUGN CA 6BR Tawe of Loomis CA 63' Tawn of Los Alla, Nllls CA 63] TOWN OF LOS GATOS CA 630 Lown of Mammoth lakes CA 639 TOWN OF MORAGA CA Mm TOWNOF PARADISE CA But TOWN OF PORTOI l VALLEY Ce 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 WB TOWN Of YUCCAVALIEY CA 649 To CHy Nealmcare Dnmet CA fis0 TRUCE E DONNfR CA fist TRUCKEE OONN fR PUOLIC Ml1fY 015iRIR CA fi53 Till SANITARY DISTRICT CA 653 TWENTY N INE PALMS CITY CA 654 UAm an comon, 9ueensway LLC CA MS W ITEIOCONVENTION AND shSTMAS BUREAU CA 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.