HomeMy WebLinkAboutC-6226 - Contract for the Improvement of Public Work Multiple Buildings RoofingCONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK
MULTIPLE BUILDINGS ROOFING WITH GARLAND/DBS, INC.
THIS CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK ("Contract") is
made and entered into as of this 16th day of December, 2015 ("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
principal place of business 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 provide roof repair and replacement
services for Fire Station No. 2, located at 475 32nd Street, as more fully
described in the Contract Documents ("Project").
C. In August 2015, City first issued a "Notice Inviting Bids" for the Project as
a formal Capital Improvement Project with an Engineer's Estimate of
$250,000.00. One bid was received on August 27, 2015 with a bid amount
of $456,200.00. At the September 8, 2015 City Council meeting, this bid,
which represented all bids received, was rejected. On September 10,
2015, a second "Notice Inviting Bids" was issued by City for the Project
with a revised scope of work and an Engineer's Estimate of $65,000.00-
$85,000.00. The City received no bids by the Bid Opening Date of
September 24, 2015.
D. 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
(the "Cobb County RFP"). Contractor responded to the Cobb County RFP
and executed the Lead Public Agency Master Agreement 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 and executes a Master Intergovernmental Cooperative
Purchasing Agreement ("MICPA"). The MICPA also mandates that Public
Participating Agencies procure products and services governed by such
master agreements according to the laws of the state of the particular
Participating Public Agency as well as its ordinances, rules, regulations,
and procurement practices.
E. City is registered with U.S. Communities, is a Participating Public Agency,
and has executed the MICPA. A copy of the MICPA is attached hereto as
Exhibit F and incorporated herein by this reference. Consistent with such
registration with U.S. Communities, the MICPA, 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, and
desires to retain Contractor to render such products and services under
the terms and conditions set forth in this Contract.
F. Contractor has examined the location of all proposed work, carefully
reviewed and evaluated the specifications set forth by City for the Project,
and is familiar with all conditions relevant to the performance of services
and has committed to perform all work required for the price specified in
this Contract over a period of 20 calendar days commencing upon
issuance of the "Notice to Proceed".
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Contract shall commence on the Effective Date and shall terminate
on June 30, 2016, unless terminated earlier as provided for herein.
2. SCOPE OF WORK
2.1. Contract Documents. The complete Contract for the Project includes all of
the following documents: Request for Proposals/Bids, attached hereto as Exhibit A;
Proposal, attached hereto as Exhibit B; Insurance Requirements, attached hereto as
Exhibit C; Labor and Materials Payment Bond attached hereto as Exhibit D; Faithful
Performance Bond, attached hereto as Exhibit E; all Project Permits; the Standard
Special Provisions and Standard Drawings; Plans and Special Provisions for Contract
No. 6226; Standard Specifications for Public Works Construction (current adopted
edition and all supplements); and this Contract, and all modifications and amendments
thereto (collectively the "Contract Documents"). Exhibits A, B, C, D and E, and all other
named Contract Documents, are incorporated herein by reference. The Contract
Documents comprise the sole agreement between the parties as to the subject matter
therein and supersede any contradictory terms and conditions. Any representations or
agreements not specifically contained in the Contract Documents are null and void. Any
amendments must be made in writing, and signed by both parties in the manner
specified in the Contract Documents.
2.2. Scope of Work. Contractor shall perform everything required to be
performed, and shall provide and furnish all the labor, materials, necessary tools,
Garland/DBS, Inc. Page 2
expendable equipment and all utility and transportation services required for the Project
as identified in the Contract Documents ("Work" or "Services").
2.3. All of the Work to be performed and materials to be furnished shall be in
strict accordance with the provisions of the Contract Documents. Contractor is required
to perform all activities, at no extra cost to City, which are reasonably inferable from the
Contract Documents as being necessary to produce the intended results.
3. TIME OF PERFORMANCE
3.1. Time is of the essence in the performance of Work under this Contract
and Contractor shall complete the Work within 20 calendar days from the date of
issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted
may result in termination of the Contract by City and assessment of damages as
outlined in Section 3.2.
3.2. The parties agree that it is extremely difficult and impractical to determine
and fix the actual damages that City will sustain should Contractor fail to complete the
Project within the time allowed. Should Contractor fail to complete the Work called for
in this Contract within 20 calendar days from the date of issuance of the Notice to
Proceed, Contractor agrees to the deduction of liquidated damages in the sum of Two
Hundred Fifty Dollars ($250.00) for each calendar day beyond the date scheduled for
completion.
4. COMPENSATION
4.1. As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor
accepts as full payment the sum of One Hundred Four Thousand Nine Hundred
Forty One Dollars and 00/100 ($104,941.00), less any money deducted pursuant to
Section 3.2. Contractor shall not receive any additional compensation unless approved
in writing in advance by City's Project Administrator as defined herein. City shall make
full payment to Contractor no later than thirty (30) calendar days after acceptance of the
Work by City.
4.2. This compensation includes
4.2.1. Any loss or damage arising from the nature of the Work;
4.2.2. Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
4.2.3. Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis,
and which loss or expense occurs prior to acceptance of the Work by City.
Garland/DBS, Inc. Page 3
5. PROJECT MANAGER
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 term of the Contract. Contractor has designated Steve Lampman to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
6. ADMINISTRATION
This Contract shall be administered by the Public Works Department City's Public
Works Director, or designee, shall be the Project Administrator and shall have the authority
to act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Contract.
7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
7.1. Contractor shall use only the standard materials and equipment as
described in the Contract Documents in performing Work under this Contract. Any
deviation from the materials or equipment described in the Contract Documents shall
not be utilized unless approved in advance by the Project Administrator.
7.2. Contractor shall comply with the terms and conditions of the Contract
Documents.
7.3. All of the Work 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 Contract, and that it will perform all Work in a manner
commensurate with the highest professional standards.
7.4. All Services shall be performed by qualified and experienced personnel
who are not employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Contractor certifies that the Work conforms to the
requirements of this Contract, all applicable federal, state and local laws, and the
highest professional standard.
7.5. 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 Contract.
7.6. 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.
Garland/DBS, Inc. Page 4
8. CHANGE ORDERS
8.1. This Contract may be amended or modified only by mutual written
agreement of the parties.
8.2. The Contractor shall only commence work covered by a change order
after the change order is executed and notification to proceed has been provided by the
City.
8.3. There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1. City and its elected or appointed officers, agents, officials, employees and
volunteers 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 Work required
hereunder; or for damage to 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 elected or appointed officers, agents, officials, employees
and volunteers (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 Contract,
any Work performed or Services provided under this Contract including, without
limitation, defects in workmanship or materials or Contractor's presence or activities
conducted on the Project (including the negligent, reckless, and/or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them, or for whose acts they may be liable for 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 Contract. This indemnity shall apply to all claims and
Garland/DBS, Inc. Page 5
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 Project Work.
9.6. To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract 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. Nothing in this Section or any other portion of the Contract Documents
shall be construed as authorizing any award of attorneys' fees in any action to enforce
the terms of this Contract, except to the extent provided for above.
9.8. The rights and obligations set forth in this Section shall survive the
termination of this Contract.
10. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
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 Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance 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 Work.
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.
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13. PROGRESS
Contractor is responsible for keeping the Project Administrator and/or designee
informed on a regular basis regarding the status and progress of the Project, activities
performed and planned, and any meetings have been scheduled or are desired.
14. BONDING
14.1. Contractor shall obtain, provide and maintain at its own expense during
the term of this Contract both of the following: (1) a Faithful Performance Bond in the
amount of one hundred percent (100%) of the total amount to be paid Contractor as set
forth in this Contract in the form attached as Exhibit E and incorporated herein by
reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred
percent (100%) of the total amount to be paid Contractor as set forth in this Contract
and in the form attached as Exhibit D and incorporated herein by reference.
14.2. The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category
Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide:
Property -Casualty.
14.3. Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority' of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in
the State of California.
15. INSURANCE
Without limiting Contractors indemnification of City, and prior to commencement of
Work, Contractor shall obtain, provide and maintain at its own expense during the term of
this Contract or for other periods as specified in this Contract, policies of insurance of the
type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit C and incorporated herein by reference.
16. PREVAILING WAGES
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
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available by calling the prevailing wage hotline number (415) 703-4774, and requesting
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.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the Work to be perforated
under this Contract 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 co -tenant if Contractor is a partnership or joint -venture or
syndicate or co -tenancy, 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.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Proposal attached as Exhibit B. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractors. Nothing in this Contract shall create
any contractual relationship between City and 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 Work to be performed under this Contract shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
19.1. 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 Contract, 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.
19.2. Documents, including drawings and specifications, prepared by Contractor
pursuant to this Contract, are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Contractor will be at City's sole risk and without liability to Contractor. Further, any and
all liability arising out of changes made to Contractor's deliverables under this Contract
by City or persons other than Contractor is waived against Contractor and City assumes
Garland/DBS, Inc. Page 8
full responsibility for such changes unless City has given Contractor prior notice and has
received from Contractor written consent for such changes.
20. RECORDS
Contractor shall keep records and invoices in connection with the Work to be
performed under this Contract. Contractor shall maintain complete and accurate records
with respect to the costs incurred under this Contract 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 Contract.
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,
documents, proceedings and activities related to the Contract for a period of three (3)
years from the date of final payment to Contractor under this Contract.
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 Contract. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate right
to appeal to the City Manager or 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. CONFLICTS OF INTEREST
22.1. 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 Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
22.2. 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 Contract by City. Contractor shall indemnify and hold harmless City
for any and all claims for damages resulting from Contractor's violation of this Section.
23. NOTICES
23.1. All notices, demands, requests or approvals to be given under the terms of
this Contract shall be given in writing, to City by Contractor 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.
Garland/DBS, Inc. Page 9
23.2. All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
23.3. All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Frank Percaciante
Garland/DBS, Inc.
3800 East 91 st Street
Cleveland, OH, 44105
24. NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Contract, before making its final
request for payment under the Contract Documents, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Contract. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Contract, 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 all claims filing requirements set forth in the
Contract and Contract Documents, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Govt. Code §§ 900 et seq.).
25. TERMINATION
25.1. In the event that either party fails or refuses to perform any of the
provisions of this Contract at the time and in the manner required, that party shall be
deemed in default in the performance of this Contract. 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, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting
party written notice thereof.
25.2. Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving 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
Garland/DBS, Inc. Page 10
previously paid. On the effective date of termination, Contractor shall deliver to City all
materials purchased in performance of this Contract.
26. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project Site as defined by the Contract
Documents, has become familiar with the local conditions under which the Work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
27. STANDARD PROVISIONS
27.1. Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Contract.
27.2. 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
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.
27.3. 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.
27.4. Integrated Contract. This Contract 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.
27.5. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
27.6. Interpretation. The terms of this Contract 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 Contract or any other rule of
construction which might otherwise apply.
27.7. Amendments. This Contract 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.
Garland/DBS, Inc. Page 11
27.8. Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
27.9. Controlling Law and Venue. The laws of the State of California shall
govern this Contract and all matters relating to it and any action brought relating to this
Contract shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
27.10. 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.
27.11. No Attorney's Fees. In the event of any dispute or legal action arising
under this Contractor, the prevailing party shall not be entitled to attorneys' fees.
27.12. Counterparts. This Contract 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 and the same instrument.
[SIGNATURES ON NEXT PAGE]
Garland/DBS, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1 a�3�IS
B:
y
Aaron C. Harp (AM ►� ►o31i
City Attorney
ATTEST-
Date:
� /
Date: - 6
4a. �i ►
BrownLeilani 1.
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave
City Manager
CONTRACTOR: Garland/DBS, Inc. a
Delaware corporation
Date:
By: Signed in Cc-anterpart
Frank Percaciante
Controller
[END OF SIGNATURES]
Attachments: Exhibit A — Request for Proposals/Bids
Exhibit B —
Proposal
Exhibit C
— Insurance Requirements
Exhibit D
— Labor and Materials Payment Bond
Exhibit E —
Faithful Performance Bond
Exhibit F —
MICPA
Garland/DBS, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Z3 1S
By:
Aaron C. Harp CAM Qtl0911 c
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONTRACTOR: Garland/DBS, Inc. a
Delaware orp ration
Dater
By:i
Frank Percaciante
Controller
[END OF SIGNATURES]
Attachments: Exhibit A — Request for Proposals/Bids
Exhibit B — Proposal
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
Exhibit F — MICPA
Garland/DBS, Inc. Page 13
EXHIBIT A
REQUEST FOR PROPOSALS/BIDS
Garland/DBS, Inc. Page A-1
Mullinax, Carrera
Subject:. RE: A15-00946 Garland/DBS, Inc- Informal Contract for Multiple Buildings Roofing
From: Tse, Fong
Sent: Monday, September 14, 2015 6:57 AM
To: 'slampman@garlandind.com'
Cc: Crespi, Angela; Gerardo, Ralph
Subject: Newport Beach Fire Station No. 2 - Roofing Project
Good morning Mr. Lampman,
I was forwarded your contact information from Mr. Anthony Nguyen of our City's Purchasing
Department.
Attached is a PDF of our project's Notice Inviting Bids, with the pertinent information listed. We look
forward to your bid.
Thank you,
Fong Tse, P.E.
Public Works Department
949-644-3321
From: Nguyen, Anthony
Sent: Friday, August 28, 2015 1:48 PM
To: Crespi, Angela; Tse, Fong
Subject: FW: Roofing - Garland/US Communities
Angela and Fong
Please contact Steve (per below) for pricing on your roofing project. Garland has a US Communities cooperative contract
so this will be an easy one if all the pieces fall in place.
Anthony Nguyen I Purchasing Agent
City of Newport Beach j Finance Department I Office of Management & Budget I Purchasing
100 Civic Center Drive I Newport Beach, CA 92660
9949.644.3080 1 A949.723.3580 1 anguyen@newportbeachca.gov
From: Steve Lampman fmailto:slamoman(&ciarlandind.com]
Sent: Friday, August 28, 2015 1:35 PM
To: Nguyen, Anthony
Subject: Roofing - Garland/US Communities
Anthony,
Good afternoon. I received your information from Rob Fiorilli from US Communities regarding possibly
helping you out with a roofing project at one of your Fire Stations.
I would be more than happy to help you with this. I have been working with all of the cities surrounding
Newport Beach for many years and would be excited to have a chance to work with you.
Have a wonderful day. I should be available the rest of the day
Sincerely,
Steve Lampman
The Garland Company
949-322-1770
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
Until 10:00 AM on the 24th day of September, 2015,
at which time such bids shall be opened and read for
FIRE STATION NO. 2 ROOFING REPLACEMENT PROJECT
Contract No. 6226
$65,000 - $85,000
Engineer's Estimate
A nnrov d by
M rk lVukojevic
City Engineer
JOB WALK
All interested parties shall contact Mr. Ralph Gerardo, Fire Facilities Coordinator,
at (949) 610-5460 to arrange for a job walk atop Fire Station No. 2.
Prospective bidders may obtain Bid Documents, Project Specifications from
Mouse Graphics at (949) 548-5571
Located at 659 W. 19th Street, Costa Mesa, CA 92627
Contractor License Classification(s) required for this project. "8" or "C-39"
For further information, call Fong Tse, Project Manager at (949) 644-3321
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http //vnvw/ New�rt8eachCA oovoov
CLICK: Online Services / Bidding 8 Bid Results
CITY OF NEWPORT BEACH - r
PUBLIC WORKS DEPARTMENT
�?I;
BID SUMMARY
TITLE: Multiple Buildings Roofing
LOCATION: City Clerk's Office
TIME: 10:00 AM
CONTRACT NO.: 6226
CITY CONTACT: Fong Tse (949) 6443321
CONTRACTOR
(Re -Bid)
DATE: September 24, 2015
ENGINEER'S ESTIMATE: $65,000-85,000
BID AMOUNT
Bidders List Available Online:
http://www. n ewpo rtbea chca. aov
Click: Online Services / Bidding & Bid Results
EXHIBIT B
PROPOSAL
Garland/DBS, Inc. Page B-1
Garland/DBS, Inc.
3800 East 91s` Street T
Cleveland, OH 44105 B S
Phone: (800) 762-8225
Fax: (216) 883-2055
ROOFING MATERIAL AND SERVICES PROPOSAL
City of Newport Beach
Lido Fire Station #2
Date Submitted: 10/30/2015
Proposal #: 25 -CA -150651
MICPA # 14-5903
LIC: 949380
Please Note: The following 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. Garland/DBS, Inc. administered a competitive bid process for the
project with the hopes of providing a lower market adjusted price.
Scope of Work: All Roof Sections
1 Seal top of base flashings underneath existing counterflashings with white mastic.
2 Three course all penetrations using white mastic and fiberglass webbing.
3 Three course termination points of edge metal to walls using white mastic
and fiberglass webbing.
4 Cut roofing 8° back from all drip edges, remove roofing down to the deck and
existing edge metal. Torch one layer of HPR Glasbase smooth to deck, butt up
against existing roofing. Install new primed 3" 24 ga kynar finished edge metal, set in
mastic, and nail into place.Prime existing roofing 10" back onto field. Torch one layer of
Stressply IV Mineral capsheet 18" wide over new edge metal and extend 10" onto
existing roof.
5 Replace two T -Top vents with new 22ga T -Tops with enclosed sides. Torch
into existing roof system with Stressply IV Mineral.
6 Install new pelican hood where HVAC line sets enter through existing T -Top.
Seal inside of pelican hood with expanding foam.
7 Flash in existing vent hood over kitchen with Stressply IV Mineral.
8 Replace two flat lense skylights with new double dome skylights.
9 Include 600 square feet of White Knight Plus WC (2 coats at 2 gallons per square per
coat, total of 4 gallons per square) and polyester repairs throughout site.
10 Powerwash roof and allow to dry overnight.
11 Coat all seams of the roof and seams on the base flashings with 2 gallons per
square of White Knight Plus WC Base (grey), 4" wide. Allow first coat to cure
overnight and then install an additional 2 gallons per square of White Knight
Plus WC Base (grey) over the entire roof surface including the field and base
flashings.
Scope of Work: Hose Tower
1 Remove all rock off of existing roof and dispose.
2 Repair any deficiencies to roof.
3 Flood roof with 8 gallons per square of Weather Screen liquid restoration
and embed 400 lbs per square of Title 24 gravel in to it while it is still wet.
Scope of Work: Eyebrow Roofs
1 Tear off front eye brow roofs down to the deck (highlighted in Blue on attached map).
2 Screw down existing counterflashing to wall studs every 16" O.C.
3 Install''/<:12 tapered polyisocyanu rate insulation covered by 1/4" Dens Deck
Prime and attached with plates and screws to the deck.
4 Install new 24 ga kynar coated edge metal .
5 Torch apply one ply of HPR Glasbase over the entire surface up 2" onto the
stucco wall.
6 Torch apply one extra ply of HPR Glasbase in base flashings 8" onto stucco,
extend 6" onto field of roof.
7 Torch apply one ply of Stressply IV Mineral over field surface and extend 2"
up vertical surface.
8 Torch apply one ply of Stressply IV Mineral on base flashings and extend up
stucco 8" and onto field 8".
9 Secure top of base flashing with a 24 ga Kynar coated surface mounted
counterflashing, set in butyl tape and attached to studs every 16" O.C. with
wood screws. Caulk top of counterflashing.
Scope of Work: Gutters and Downspouts
1 Replace approximately 175 feet of gutters and downspouts with new.
Gutters to be 24 ga kynar 5"x 5" box gutters. Downspouts to be fabricated
out of 24 ga kynar metal. Downspouts are as follows: 20' with one bend, 16'
with three bends, three 16' with no bends, and one 6' partial replacement of
damaged existing downspout.
Warranties:
1 Roofing contractor to include a two year warranty.
2 Roofing contractor to include an additional three call backs for any leaks that
occur for an additional two years after the contractor warranty is expired.
3 Manufacturer to provide 30 year warranty on "Eyebrow" portion of roof and a 5
year warranty of rest of the roof.
Bid Breakdown ($87,451):
Labor & Non Garland Materials: $ 44,586
Garland Materials: $ 29,376
Freight: $ 3,000
General Conditions: $ 10,489
"General Conditions include: Bonds, Insurance, Permits, overhead and Profit
Competitive Bid Results:
Best Contracting Services, Inc. $ 87,451
Tecta America $ 104,194
Commercial Roofing Systems $ 113,797
Unforeseen Site Conditions:
Decking Replacement $
5.70 PER SQ FT
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 damaged wood decking replacement on the eyebrowns to the replacement of
deteriorated wood nailers. Proposal pricing valid through 12/31/2015. Material tax cost is
included in proposal pricing. Permit costs are not included in proposal pricing.
If you have any questions regarding this proposal, please do not hesitate to call me at my number
listed below.
Respectfully Submitted,
Jeff Kozak
Garland/DBS, Inc.
(216) 430-3518
ikozak@earland i nd.com
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
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 Contract, 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 VI I (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by City's Risk
Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000) each
employee 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. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employers Liability Insurance in accordance with California law for all of the
subcontractors employees. The insurer issuing the Workers' Compensation
insurance shall amend its policy by endorsement to waive all rights of
subrogation against City, its elected or appointed officers, agents, officials,
employees and volunteers. Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of
City, its elected or appointed officers, agents, officials, employees and
volunteers.
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 and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
Garland/DBS, Inc. Page C-1
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
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for 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 Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials employees and
volunteers 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 and insurance
clauses 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 elected or appointed officers, agents, officials employees and
volunteers shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to City,
its elected or appointed officers, agents, officials, employees and volunteers.
Any insurance or self-insurance maintained by City shall be excess of
Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
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
Garland/DBS, Inc. Page C-2
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements 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
Contract. City reserves the right to require complete, certified copies of all
required insurance policies, at anytime.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days advance
written notice of such change. If such change results in substantial 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 all
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 Contract 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 Exhibit C 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 proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self-insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
Garland/DBS, Inc. Page C-3
obligations to City. If Contractor's existing coverage includes a self-insured
retention, the self-insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination of
the self-insured retention, substitution of other coverage, or other solutions.
Contractor agrees to be responsible for payment of any deductibles on their
policies.
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
Contract, 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
performance under this Contract, 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.
I. Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insur4ance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
Garland/DBS, Inc. Page C-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: 12/14/15
Date Completed
1/6/15
Dept./Contact Received From: Raymund
Sent to: Raymund By: Chris/Alicia
Company/Person required to have certificate:
Type of contract:
Garland DBS, Inc.
Public Works
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 12/05/15-12/05/16
A.
INSURANCE COMPANY: Ironshore Specialty Ins Co.
B.
AM BEST RATING (A-: VII or greater): A: XIV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes ® No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
H. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 12/05/15-12/05/16
A.
INSURANCE COMPANY: Travelers Indemnity Co.
B.
AM BEST RATING (A-: VII or greater) A++: XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
❑ Yes ® No
D.
LIMITS - If Employees (Must be $1 M 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.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes 0 No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 12/05/15-12/05/16
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 $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved: a;
1/6/16
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
1,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® NIA ❑ Yes ❑ No
® NIA ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
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 needed due to GL carrier being non -admitted Approved by Sheri on 12/14/15
Approved:
Risk Management Date
* Subject to the terms of the contract.
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 929622821
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Garland/DBS, Inc. hereinafter designated as the "Principal," a contract for the
Improvement of Multiple Buildings Roofing located at Fire Station No. 2, located at 475
32nd Street, in the City of Newport Beach, in strict conformity with the Contract on file
with the office of the City Cleric of the City of Newport Beach, which is incorporated
herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
Western Surety Compnay duly authorized to
transact business under the laws of the State of Califomia, as Surety, (referred to herein
as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of One
Hundred Four Thousand Nine Hundred Forty One Dollars and 00/100 ($104,941.00)
lawful money of the United States of America, said sum being equal to 100% of the
estimated amount payable by the City of Newport Beach under the terms of the Contract;
for which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit Is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as to
give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq, of the Civil
Code of the State of California.
Garland/DBS, Inc.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to be
performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it
is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 7th day of December 2015
Garland/DBS, Inc.
Name of Contractor (Principal)
Western Surety Company
Name of Surety
333 S Wabash, Chicago IL 60604
Address of Surety
614/516-2014
Telephone
APPROVED AS TO FORM:
CITY ATTOR�V Y'S OFFICE
Date: i �i
By: ��►�
Aaron C. Harp NM Ml►kI�s-
City Attorney
o
Authorized Signature/Title
Authorized Agent Signature
Pam L. Kennedy, Attorney -In -Fact
Print Name and Title
NOTARYACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Garland/DBS, Inc.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Oafifornia Ci6i
County of SS,
On Vpeo t t, X14 20 /5 before me,
Notary Public, personally appeared — 122/ /V SfLy 1, 1
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. iirRIEDARODRIGE=
NOTARY PUBLIC • STATE OF OMO
Raoonded In CUyaihope County
"y oarxni:slon expkw 1%& 21, 2=
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Califomi Ohio
County of aCuyahoga } SS
9
On December , 2015 before me,
Notary Public, personally appeared _ _ Pam L. Kennedy
proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
LAURA K S 1 A"1"i"cN
Ncuiy PubW, c latq
r C,
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(seal)
Garland/DBS, Inc.
� Vestern Surety Con pany
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Pam L Kennedy, John Bertin, Robert W Edgerton, Anthony J Schepis, Laura K Staten,
Individually
of Independence, OH, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 21st day of September, 2015.
u&ET'•" WESTERN SURETY COMPANY
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-11 oW Aaul T. Bruflat, Vice President
State of South Dakota I
ss
County of Minnehaha
On this 21st day of September, 2015, before me personally came Paul T. Bru flat, tome known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
S. EIGH
February 12, 2021 i STHAOUOA i
f`titi+.4tik41b4\k4ti4titihtitititii
S. Eich, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 71+i.—_ day of b �_ L , ;�« j- .
WESTERN SURETY COMPANY
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L. Nelson, Assistant Secretary
Form F4280-7-2012
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.929622821
FAITHFUL PERFORMANCE BOND
The pre mi m ch es on this Bond is $ 1,076 , being
at the rate of $ $.25 and Zfior 2nd year maintenance thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Garland/DBS, Inc. hereinafter designated as the "Principal," a contract for the
Improvement of Multiple Buildings Roofing located at Fire Station No. 2, located at 475
32nd Street, in the City of Newport Beach, in strict conformity with the Contract on file with
the once of the City Clerk of the City of Newport Beach, which is incorporated herein by
this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and Western Surety Company
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"),
are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred
Four Thousand Nine Hundred Forty One Dollars and 00/100 ($104,941.00) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount of the Contract, to be paid to the City of Newport Beach, its successors, and
assigns; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by the City, only in the
event the City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Garland/DBS, Inc. Page E-1
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or to
the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 7th day of December , 201
Garland/DBS, Inc.
Name of Contractor (Principal) Authorized Signature/Title
Western Surety Company � . 4w'
Name of Surety uthorized Agent Signature
333 S Wabash, Chicago IL 60604 Pam L. Kennedy, Attorney -In -Fact
Address of Surety
614-516-2014
Telephone
APPROVED AS TO FORM:
CITY ATTOity EY' OFFICE
Date: 0�%/ 7 /5' —
By:
Aaron C. Harp (AM 0-I+lic-
City Attorney
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Garland/DBS, Inc. Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Cfl�fn of r'n1ifr rn:- 0171
County of _ l_x,�llV�A )3s.
On __ f 11 20 �- bef re rrie,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. iFiftlEDA RODltil'GUiF,,Z
NOTARY
�•
PUBLIC • STATE OF OFHO
Remded M Cuyahop Cm*My
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COM"Olim 1110 ftb. 24, 2020
Signature (seal)
a
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California Ohio
County of Cuyahoga }ss.
On December 7 , 2015 before me, 1-0-o-ni
Notary Public, personally appeared Pam L. Kennedy '
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that helshe/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNE $ my hand awn. d
official seal. LAI.lriA K: ATi`,4
y
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P ,� C. A-r1mIssIan IFx� (u,,- ,,i, .io
Signature (seal)
Garland/DBS, Inc.
� Vestern Surety Con pany
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Pam L Kennedy, John Bertin, Robert W Edgerton, Anthony J Schepis, Laura K Staten,
Individually
of Independence, OH, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 21st day of September, 2015.
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State of South Dakota l
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County of Minnehaha ss
WESTERN SURETY COMPANY
,7��7,70,
aul T. Bmflat, Vice President
On this 21st day of September, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires }y►gytia44441hbMrhb. ti4�titi• }
S. ETCH
February 12, 2021 '(RNOTARY PU81C(bi
t SOUTH DAKOMA i
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CERTIFICATE
I. &�A
S. Eich, Notary Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this '14!- k_ day of D 6— C ,
a..sua'ET"..j �.,,, WESTERN SURETY COMPANY
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27, 1, .el
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L. Nelson, Assistant Secretary
Form F4280-7-2012
EXHIBIT F
U.S. COMMUNITIES & CITY OF NEWPORT BEACH MICPA
Garland/DBS, Inc. Page F-1
U.S. COMMUNITIES'
GOVERNMENT PURCHASING ALLIANCE
f NRI.;1,1AEI
s �
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement ("Agreement") is made between certain government
agencies that execute a Lead Public Agency Certificate (collectively, "Lead Public Agencies") to be appended and made a
part hereof and other government agencies ("Participating Public Agencies") that agree to the terms and conditions hereof
through the U.S. Communities registration process and made a part hereof.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Lead Public Agencies, in compliance with their own
policies, procedures, rules and regulations, a number of suppliers (each, a "Contract Supplier") have entered into Master
Agreements with Lead Public Agencies to provide a variety of goods, products and services based on national and
international volumes (herein "Products and Services");
WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S. Communities and provide that
Participating Public Agencies may purchase Products and Services on the same terms, conditions and pricing as the Lead
Public Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase;
WHEREAS, the parties desire to comply with the requirements and formalities of any intergovernmental cooperative act, if
applicable, to the laws of the State of purchase;
WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;
WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the procurement of necessary
Products and Services;
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result,
the parties agree as follows:
1. That each party will facilitate the cooperative procurement of Products and Services.
2. That the procurement of Products and Services subject to this Agreement shall be conducted in accordance with and subject
to the relevant statutes, ordinances, rules and regulations that govern each party's procurement practices.
3. That the cooperative use of solicitations obtained by a party to this Agreement shall be in accordance with the terms and
conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by
applicable law.
4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience, information which
may assist in improving the effectiveness, efficiency and economy of Participating Public Agencies' procurement of
Products and Services
5. That the Participating Public Agency will make timely payments to the Contract Supplier for Products and Services received
in accordance with the terms and conditions of the procurement. Payment, inspections and acceptance of Products and
Services ordered by the Participating Public Agency shall be the exclusive obligation of such Participating Public Agency.
Disputes between the Participating Public Agency and Contract Supplier are to be resolved in accord with the law and
venue rules of the State of purchase.
6. The Participating Public Agency shall not use this Agreement as a method for obtaining additional concessions or reduced
prices for similar products or services.
7. The Participating Public Agency shall be responsible for the ordering of Products and Services under this Agreement. A
Lead Public Agency shall not be liable in any fashion for any violation by a Participating Public Agency, and the
Participating Public Agency shall hold the Lead Public Agency harmless from any liability that may arise from action or
inaction of the Participating Public Agency.
8. The exercise of any rights or remedies by the Participating Public Agency shall be the exclusive obligation of such
Participating Public Agency.
9. This Agreement shall remain in effect until termination by a party giving thirty (30) days prior written notice to U.S.
Communities at 2999 Oak Road, Suite 710, Walnut Creek, CA 94597.
10. This Agreement shall become effective after execution of the Lead Public Agency Certificate or
Participating Public Agency registration, as applicable.
Lead Public Agency Certificate
LEAD PUBLIC AGENCY CERTIFICATE
I hereby acknowledge, on behalf of City of Newport Beach (the "Lead Public Agency') that I have
read and agree to the general terms and conditions set forth in the enclosed Master
Intergovernmental Cooperative Purchasing Agreement (MICPA) regulating the use of the Master
Agreements and purchase of Products and Services that from time to time are made available by
Lead Public Agency to Participating Public Agencies nationwide through U.S. Communities.
Copies of Master Agreements and any amendments thereto made available by Lead Public
Agency will be provided to Suppliers and U.S. Communities to facilitate use by Participating
Public Agencies.
I understand that the purchase of one or more Products or Services under the provisions of the
MICPA is at the sole and complete discretion of the Participating Public Agency.
Authorized Signature, Lead Government Agency
(--,-II-,y
Date