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HomeMy WebLinkAboutC-8211-1 - Police Headquarters and Fire Station No. 3 Roofing ProjectJuly 11, 2018 Garland/DBS, Inc- Attn: Steve Lampman 3800 East 91St Street Cleveland. OH 44105 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAX newportbeachca.gov Subject: Police Headquarters and Fire Station No. 3 Roofing Project — C-8211-1 Dear Mr. Lampman: On July 11, 2011, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 12, 2017 Reference No. 2017000287356. The Surety for the contract is Western Surety Company and the bond number is 929645002. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT E CITY OF NEWPORT BEACH BOND NO. 929645002 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,096.00 , being at the rate of $ 8.25/6.00 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 to provide roof repair and replacement services for City's Fire Station No. 3, located at 868 Santa Barbara Drive, and City's Police Department Headquarters, located at 870 Santa Barbara Drive, as more fully described in the contract documents, In the City of Newport Beach, In strict conformity with the Contract on file with the office 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 Nine Hundred Ninety Four Thousand Seven Hundred Three Dollars and 00/100 ($994,703.00) 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, fall 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 City, only in the event 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 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 nth day of November 12016 . Garland/DBS, Inc. �4 C>��� Name of Contractor (Principal) Authorized Signature/Title Frank A. Percaciante Controller Western Surety Company Name of Surety 333 S. Wabash Ave., Chicago, IL 60604 Address of Surety 216-937-1700 Telephone APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: By: Aaron C. Harp aM zhul� City Attorney Cathy L. Woodruff, Attorney -In -Fact 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, State of Emwomia uf/ic Countyof }ss. On _ Ll- /7 20 /& before me, ,J • .tidy :'1 lista , Notary Public, personally appeared +�° L .4. t 2e ae, a,i t 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/shelthey executed the same In Itis/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. 0///0 I certify under PENALTY OF PERJURY under the laws of the State of•AQ,atifowwo that the foregoing paragraph Is true and correct. WITNESS my hand and official seal, j"" { Had Jeanette Ocbson '�, 9taP6 of Chic �9 Notary Publlr, Sign re �,- (f9,migur�n ��iteg 11i5P<p3f 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 E6%i4ifi�a OHIO County of CUYAHOGA } SS. On November 17 , 20 16 before me, Notary Public, personally appeared Cathy L. Woodruff 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/shelthey 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. Alice V. Halter I certify under PENALTY OF PERJURY under the foregoing paragraph Is true and correct. A% WITNESS my hand and oofficial seal. /// 9d Signature Ohio the State of Wfi X?A that the ALICE V HALTER i iut,uj •a; stela; Df'n My commiss: n pv,ac' 131, 3(' .7 (seal) Garland/DBS, Inc. -'14191 f Page E-3 Western Surety Company 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 seat herein affixed hereby make, constitute and appoint Cathy L. woodruff , Individually of Cleveland, OH , its true and lawful Attorney(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 — Surety Bond Number: 929645002 Principal: Garland/DBS, Inc. Obligee: City of Newport Beach acrd 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 3rd day of June, 2015. - WESTERN SURETY COMPANY �e Ile- Q '+fA Btrryt,µ Paul T F3rufla[, Vice President State of South Dakota 1 J ss County of Minnehaha On this 3rd day of June, 2015, before me personally cane Paul T. Brutlat, to me known, who, being by me duly swum, 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 4w444444444..4µ44Y444444 ♦ S. ETCH February 12, 2021 I(:.�, �NCFARY PU[1410dit)i r11��JJSOUTH MI(l7fA y�'�Ji sww4444w44wwwwwwwwwwwwMw♦ S: Fick Notary Public CERTIFICATE 1, 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 77th day of November 1 2016 WESTERN SURETY COMPANY �Y�aua�5°t. 4 FZ L. Nelson, Assistant Secretary Fmn F4280-12012 September 15, 2017 Garland/ DBS, Inc. Attn: Steve Lampman 3800 East 91St Street Cleveland, OH 44105 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644.3039 Fax newportbeachca.gov Subject: Police Headquarters and Fire Station No. 3 Roofing Project C-8211-1 Dear Mr. Lampman: On July 11, 2017 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 12, 2017, Reference No. 2017000287356. The Surety for the bond is Western Surety Company and the bond number is 929645002. Enclosed is the Labor & Materials Payment Bond. Sincerely, L Leilani 1. Brown, MMC City Clerk Enclosure A CITY OF NEWPORT BEACH BOND NO. 929645002 WHEREAS, the City of Newport Beach, State of California, has awarded to Garland/DBS, Inc. hereinafter designated as the "Princlpal," a contract to provide roof repair and replacement services for City's Fire Station No. '3, located at 868 Santa Barbara Drive, and City's Police Department Headquarters, located at 870 Santa Barbara Drive, as more fully described in the contract documents, in the City of Newport Beach, in strict conformity with the Contract on file wlth the office 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, providing that if Principal or any of Principai'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 Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety" ) are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Ninety Four Thousand Seven Hundred Three Dollars and 00/100 ($994,703.00) 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 Garland/DBS, Inc. Page D-1 required by and In accordance with the provisions of Sections 9500 of seq: of the Civil Code of the State of California. 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 Contractor 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 17th day of November 2016 , Garland/DBS, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 333 S. Wabash Ave., Chicago, IL 60604 Address of Surety 216-937-1700 Telephone APPROVED A5 TO FORM: CITY ATTORNEY'S OFFICE Date:— 12,11.181 By: Aaron C. Harp u a �sWlu City Attorney Authorized Signature/Title Frank A. Percaciante Controller AUthoriked Agent Sigma Cathy L. Woodruff Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 90, 000000 a a a Bag G O - .......... ao`uv WAREa e as °asaaoaaas° Garland/D, t i i 1 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 cWaW - cs�slics County of Cv,o ss, / On -7 20before me, Notary Public, personally appeared AV.. A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(p) Ware 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�la-that the foregoing paragraph is true and corrects^�» ' SLlio laanetts Dobson WITNESS my hand and official seal,Y " y state of Ohio Notary Public No, 2016 -RE -613322 "ta.:m*19on FXPIMS 1415/2021 Sig re— - 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 truthfutness, accuracy, or validity of that document. State of (xMM6 OHIO County of CUYAHOGA } SS. On November 17 '20 16 before me, Alice V. Halter Notary Public, personally appeared Cathy L. Woodruff 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(les), 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 Ohio I certify under PENALTY OF PERJURY under the laws of the State of Q;&Vbym that the foregoing paragraph Is true and correct. ewaaA®, WITNESS my hand and official seal, ALICE VHALTER Notary Public La *_ State of Ohio Signature a i4o r MYQ QonEKPIM.!; K I;,:%()I Western Surety Company 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 Cathy L. Woodruff , Individually of Cleveland, ON , its true and lawful Atturney(s)-m-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— Surety Bond Number: 929645002 Principal: Garland/DBS, Inc. Obligee: City of Newport Beach 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 ofsaid 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 Viet President and its corporate seal to be hereto affixed on this 3rd day of June, 2015. WESTERN SURETY COMPANY sui T. E1Mt, Vice President State of South Dakota t ss County ofMinnehaha j On this 3rd day of June, 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 seat of said corporation; that the seat 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 taw.r+ar+4..yynrw+vr..,wraww t EIC" iS February l2, 2021 800TIY AI ottT1[ DJtK9it7s 7ill" 'it 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 havehereunto subscribed my name and affixed the seal of the said corporation this 17th day of November , 2016 WESTERN SURETY COMPANY SCA (._: �"yo �. '"1M�j[IN^'^^ L, Nelson, Assistant Secretary Fan. F4280-7.2012 Document -3 590274 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111!IIIIIIIIIIIIII11111IINIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE -$ R 0 0 0 9 4 0 8 8 1 7 S+ 2017000287356 3:19 pm 07112117 47 NCS N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Garland/DBS, Inc., Cleveland, Ohio, as Contractor, entered into a Contract on October 11, 2016. Said Contract set forth certain improvements, as follows: Police Headquarters and Fire Station No. 3 Roofing Project C-8211-1 Work on said Contract was completed, and was found to be acceptable on July 11. 2017 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. 2,QJ)BY—T, Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 0 at Newport Beach, California. aboutblank 07/12/2017 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Garland/DBS, Inc., Cleveland, Ohio, as Contractor, entered into a Contract on October 11, 2016. Said Contract set forth certain improvements, as follows: Police Headquarters and Fire Station No. 3 Roofing Project C-8211-1 Work on said Contract was completed, and was found to be acceptable on July 11, 2017 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. BY Ze)- Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. 'A Executed on �"�+( 1� , at Newport Beach, C � BY City Jerk �EWPp� 6:�IFORN/ California. CITY CLERK POLICE HEADQUARTERS AND FIRE STATION NO. 3 ROOFING PROJECT CONTRACT NO. 8211-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 11th day of October, 2016 ("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 for the following described public work: Contractor to provide roof repair and replacement services for City's Fire Station No. 3, located at 868 Santa Barbara Drive, and City's Police Department Headquarters, located at 870 Santa Barbara Drive, as more fully described in the contract documents (the "Project" or "Work"). C. 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 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. D. 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 "B" 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 attached hereto as Exhibit "C," and desires to retain Contractor to render such products and services under the terms and conditions set forth in this Contract. E. 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. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal (Exhibit "C"), Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit "D"), Faithful Performance Bond (Exhibit "E"), Warranty (Exhibit "F"), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 8211-1, 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"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. 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. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. 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. COMPENSATION 3.1 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 Nine Hundred Forty Four Thousand Seven Hundred Three Dollars and 00/100 ($944,703.00). Garland/DBS, Inc. Page 2 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 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. 4. 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. 5. 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 Work to be rendered pursuant to this Contract. 6. 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. The 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 (Government Code 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract 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. Garland/DBS, Inc. Page 3 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Steve Lampman Garland/DBS, Inc. 3800 East 91 st Street Cleveland, OH 44105 8. 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. 9. BONDING 9.1 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°/x) 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. 9.2 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 Garland/DBS, Inc. Page 4 Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 9.3 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. 10. COOPERATION Consultant 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 the Consultant on the Project. 11. PROGRESS Consultant 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. 12. 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 or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit "G," and incorporated herein by reference. 13. 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 Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. 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. 14. PREVAILING WAGES 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, Garland/DBS, Inc. Page 5 or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. 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 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services 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 and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 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 and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (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, Garland/DBS, Inc. Page 6 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). 16.4 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 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. 16.5 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. 16.6 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. 16.7 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. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 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. 17.3 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. Garland/DBS, Inc. Page 7 18. CONFLICTS OF INTEREST 18.1 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. 18.2 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. 19. TERMINATION 19.1 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. 19.2 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 previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 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. 20.3 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 Garland/DBS, Inc. Page 8 herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 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. 20.5 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. 20.6 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. 20.7 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. 20.8 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. 20.9 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. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 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 (1) and the same instrument. 21. 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, 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. Garland/DBS, Inc. Page 9 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Garland/DBS, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTO N Y'S OFFICE Date: 1% jl/ 0 Aaron C. Harp City Attorney ATTEST: f n l �r Date: oC �1 (AM kL1*111V By: I / V�— Leilani I. Brown City Clerk..,,,._ CITY OF NEWPORT BEACH, a California municipal corporatio Date: 1 z -I 3 , 2 Mayor CONTRACTOR: Garland/DBS, Inc., a Delaware corporation Date: Signed in Counterpart By: Frank Percaciante Controller [END OF SIGNATURES] Attachments: Exhibit A -- Lead Public Agency Master Agreement Exhibit B — Master Intergovernmental Cooperative Purchasing Agreement ("MICPA") Exhibit C — Proposal Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Exhibit F — Warranty Exhibit G — Insurance Requirements Garland/DBS, Inc. Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney ATTEST:�'� Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Diane B. Dixon Mayor CONTRACTOR: Garland/DBS, Inc., a Delaware corporation Date: /%-.-7- 6 By: Frank Percaciante "010af,,, Controller [END OF SIGNATURES] a` ��AND O" ., •GORPpR� �si �S q ,",/'WARE Attachments: Exhibit A -- Lead Public Agency Master Agreement Exhibit B — Master Intergovernmental Cooperative Purchasing Agreement ("MICPA") Exhibit C — Proposal Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Exhibit F — Warranty Exhibit G — Insurance Requirements --arl-------------- -- - -- -- ---- ---- ----- ---- Gand/DBS, Inc. Page 11 EXHIBIT A LEAD PUBLIC AGENCY MASTER AGREEMENT Garland/DBS, Inc. Page A-1 MASTER AGREEMENT (CONTRACI) PAGE 101' ] 1 DATE: MASTER AGREEMENT OWNER: COBB COUNTY BOARD OF -COMMISSIONERS 100 C14BROKEE STREET MARILT-1'A, GA 30060 CONTRACTOR: GARLAND/DBS, INC. 3800 EAST 91sT STREET, CLEVELAND 01-11044105 Reference Na. Scanned Date: _ WORK: ROOFING SUPPLIES AND SERVICES, WATERPROOFING AND RELATED PRODUCTS AND SERVICES: The undersigned parties nndeatand and agree to comply with and be bound by the entire contents o1'Scaled Bid It 14-5903 : ROOFING SUPPLIES AND SERVICES, WATERPROOFING AND RELATED PRODUCTS AND SERVICES PROJECT MANUAL (aka, the Contractor's Bid Proposal submitted March 27,2014) which is incorporated here in by reference. Contractor understands and agrees that the bonds and 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 teen. Bonds and insurance must be renewed and presented to the owner at the time of each renewal tern if Owner chooses to renew. Bonds and insurance shall be written by a turn acceptable to the Owner as specified in the Project Manual. TERM: January 1. 2015 to December 31. 2017, with fill renewal options per the Project Manual. Owner shall exercise renewal Options by issuance and delivery to Contractor of a written notice to renew this Agreement. PROJECT: ROOPINC SUPPLIES AND SERVICES, WATERPROOFING AND RELATED PRODUCTS AND SERVICES in accordance with the Project Manual. PRICE: Price as siatod 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 accorlance with invoicing guidelines in the Project Manual. IN WITNESS WHEREOF, this Agrxanent has been executed by Owner and accepted by Contractor to be effective as of the date It ret above writton. Cobb County Boartl of Commissioners 100 Cherokee Street Marietta, GA 30060 Tim Lee, Chairman sr. Y r ' ti Cobb Cam1q —Figwa the (Jest! APPROVED 1%RMINUTES OF COBB C(NJ NTY FJ£)ARIi 471: Oiri`61ISSIONIGd$S 2 Garland /DBS, Inc. East 9 1 a Street Cl eland, Ohio 4195 Ile V1D k G.I RESZD T` Date: oa%as/aory 171'iDBRAL TAX ID NUMBER' 27-0298466 EXHIBIT B MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT ("MICPA") Garland/DBS, Inc. Page B-1 U.S. COMMUNITIES`" GOVERNMENT PURCHASING ALLIAfNCCE, xuc ws 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 fellows: 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 1 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. Cl�o? ^1a.�+�pd+ �J'S Authorized Signature, Lead Government Agency Date EXHIBIT C PROPOSAL Garland/DBS, Inc. Page C-1 Garland/DBS, Inc._ 3800 East 91st Street Cleveland, OH 44105 Phone: (800) 762-8225 r+,� Fax: (216) 883-2055 :11111100 — ROOFING MATERIAL AND SERVICES PROPOSAL City of Newport Beach Fire Station #3 & Police Headquarters Date Submitted: 09/02/2016 Proposal #: 25 -CA -160707 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. This 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. FIRE STATION #3 Scope of Work: Roof Replacement 1 All drains must be tested before reroofing begins. If any drains are clogged, please notify the owner immediately. Do not proceed until drains are in working order. Roofing contractor will be responsible for all drains to be in working condition once roof is complete. 2 Tear off existing roof system and any insulation down to the deck on all roof sections. City to inspect decking before it is covered back up by the new roofing system. 3 Clean deck thoroughly. 4 Prime all concrete surfaces with 1 gallon per square of Garla Prime asphalt primer. This includes but is not limited to the entire deck and any walls and curbs. 5 Replace all scuppers with new to match existing. 6 Raise all pipe penetrations, hatches, and curbs to 8" above final finished roof height if less than this currently. Existing HVAC curbs are acceptable unless tapered insulation option is used. 7 Install one layer of wood fiberboard in hot asphalt directly to the concrete deck. 8 Install two layers of Type IV felts in Type IV hot asphalt. 9 Install Stressply Plus smooth sheet over the entire roof surface in hot asphalt. 10 Install a layer of Stressply EUV smooth sheet in hot asphalt in all base flashings to top of curbs or outside of parapet walls, drains, and as a target sheet on all penetrations. PAGE 1 of 6 11 Install Stressply IV Plus UV Mineral torch sheet on all vertical walls and base flashings using roofer's torch to adhere. 12 New soft zinc ZinkJak flashings must be used in all drains and pipe penetrations, clamp and caulk per specification. 13 Replace all surface mounted counterflashing with .040 aluminum kynar finished counterflashing to match existing style. Install butyl tape behind surface mounted counterflashing, attach to wall every 12" O.C.. Caulk top of counterflashing using Tuff Stuff urethane caulking. 14 Install new 2x nailer at the top of all walls that currently have roofing installed over them. Nailer to be shaped on sides to line up with vertical angles to ensure a smooth transition of the waterproofing. Attach nailer with countersunk Hilti KB3 expansion anchors spaced 3' O.C. 15 Install new .040 aluminum Kynar coated coping (standard color to be chosen by City) using continuous clip on outside perimeter and fastening inside edge every 24" O.C. with #14 wood screws with rubber grommets. Coping to have a minimum 3" face on inside and 4" face on the outside edge. Roofing to be installed under new coping on top of wood nailer to outside edge of building. Install self -adhering underlayment under coping on any areas where roofing does not contact coping. Add soldered 22 ga galvanized saddles where all coping and edge metal terminates. Edge metal acceptable at top of parapet walls is parapet wall height is less than 7". Match same exterior look as specified coping. 16 Replace all drain covers with new cast iron drain covers. 17 Install new Dura -Block recycled rubber pipe supports on all conduits and pipes and to replace all existing wood blocking after gravel is installed. Blocking to free float on top of roof surface. Secure Dura -Block to conduit or pipe with manufacture's hardware. 18 Replace all curb pans. Roof over all curbs under all new pans. New metal pans to be fully soldered 22 ga galvanized. Lift units and equipment as needed. Resecure units and equipment to curb to match existing attachment method. 19 Leave metal pan that has pelican hood soldered to it in place. Clean, prime with rust inhibitor primer, coat all seams on pan and pelican hood with 2 gallons of White Knight Plus WC Base and embed polyester into coating while still wet, allow to dry. Coat entire pan and pelican hood with 2 additional gallons of White Knight Plus WC Base; ensure all polyester is fully encapsulated. 20 Replace flashings for hot vent pipes with new. 21 Replace all roof hatches with new Babcock -Davis Personal II roof hatch, 11 -gauge aluminum, mill finish roof hatch. 22 Install new heavy-duty 22 ga T -Top vents to replace existing T -top vents. Sides of T -Top vents must be enclosed to limit wind blown rain. Opening of T -Top vents must be a minimum of 8" from finished roof height. Coat installed T -Top vents with White Star when the roof is coated. 23 Remove all pitch pans, flash in all round penetrations with new ZincJak flashings. HVAC lines that cannot be properly flashed in using ZincJak flashings are to get a new pelican hood installed that is sealed internally with expanding foam to prevent any drips of water and/or wind driven rain to enter the building. Pitch pans are not allowed on this project. PAGE 2 of 6 24 Reseal any ductwork joints that have visible issues or rust with Glencoat duct sealant. 25 Once roofs are complete and inspected by City and Manufacturer, clean roofs thoroughly with blowers and brooms. Coat all roof sections with 2 gallons per square of White Star polyurea and embed 400 lbs of 5/8" minimum sized grey gravel into field coating while wet. 26 Replace skylights with new double dome aluminum framed units to match existing size. Upper dome to be a opaque white. 27 Contractor to install large polyisocyanurate roof cricket on lower roof in between the drains. Cricket to be installed in hot asphalt. Total surface area of cricket to be 1400 sq ft and a maximum thickness of 6" at the peak. Contractor to adhere 1/2" wood fiberboard on top of cricket prior to installation of roofing system. 28 Roof comes with a 30 year, no dollar limit, non pro -rated, manufacturers warranty that includes both labor and materials. Contractor to provide 5 year warranty. Proposal Price Based Upon Market Experience: Total Working Days: 20 Days Expected Competitive Bid Results: Commercial Roofing Systems, Inc. $ 294,705 Best Contracting Services, Inc. $ 343,254 Tecta America $ 405,397 Bid Breakdown ($294,705): Labor & Non Garland Materials: $ 178,400 Garland Materials: $ 67,721 Freight: $ 5,000 Material Tax: $ 5,418 General Conditions: $ *General Conditions include: Bonds, Insurance, Permits, Overhead and Profit 38,166 POLICE HEADQUARTERS Scope of Work: Torched Modified Bitumen Roof 1 All drains must be tested before reroofing begins. If any drains are clogged, please notify the owner immediately. Do not proceed until drains are in working order. Roofing contractor will be responsible for all drains to be in working condition once roof is complete. 2 Clean entire roof surface using brooms and blowers. Remove roofing at drains and scuppers. Cut all existing pipe flashings at roof level and remove. Remove and dispose of all walkpads. 3 Mechanically fasten Type II base sheet over existing roof using Olylok Locking Impact Nail spaced per ASCE 710 wind uplift code requirements. 4 Prime all vertical surfaces with 1 gallon per square of Garla Prime asphalt primer. PAGE 3 of 6 5 Install new heavy-duty 22 ga T -Top vents to replace existing T -top vents. Sides of TTop vents must be enclosed to limit wind blown rain. Opening of T -Top vents must be a minimum of 8" from finished roof height. 6 Remove all pitch pans, flash in all round penetrations with new lead flashings. HVAC split lines that cannot be properly flashed per NRCA guidelines using lead flashings are to get a new fully soldered 22 ga pelican hood installed that is sealed internally with expanding foam to prevent any drips of water and/or wind driven rain to enter the building. Pitch pans are not allowed on this project. 7 Seal all non-round duct support legs, site screen legs, and any other non-round penetrations (including items above that are attached to top of metal pans) using Tuff Flash liquid applied flashings and HPR Polyester Firm. Penetrations must be cleaned thoroughly (to bare metal) with a wire brush attached to a drill and entire area to be primed before liquid flashing is installed. Surface must be clean and free of oils before flashing is installed. Embed minerals into liquid flashing immediately. Take care to extend liquid flashing a min of 2" past Polyester Firm in all directions and taper off materials at all edges. 8 Replace all scuppers with new to match existing. Seal exterior for a clean finished look with caulking color that matches exterior of building. 9 Raise all pipe penetrations to 8" above final finished roof height if less than this currently. 10 Install one layer of torch applied HPR Torchbase over entire roof surface. 11 Install an additional layer of torch applied HPR Torchbase smooth sheet in all drains, transitions, and as a target sheet on all penetrations. 12 Install one layer of torch applied Stressply IV Plus Mineral over the entire field of roof. 13 Install HPR Torchbase smooth torch sheet and Stressply IV Plus Mineral torch sheet on all vertical walls and base flashings using roofer's torch. 14 New soft lead flashings must be used in all drains and pipe penetrations, clamp and caulk per specification. 15 Replace all counterflashing with new 4" minimum 22 ga kynar finished counterflashing. Contractor to break metal out of flat stock supplied by membrane manufacturer. 16 Replace all edge metal with new 22 ga kynar finished edge metal to match existing size. Edge metal to have a 22 ga continuous cleat on the outside edge. Contractor to break metal out of flat stock supplied by membrane manufacturer. 17 Add 22 ga kynar finished surface mounted counterflashing to the top of any base flashings that currently do not have a counterflashing in place. Caulk top of surface mounted counterflashing. Contractor to break metal out of flat stock supplied by membrane manufacturer. 18 Install new slip counterflashing around all HVAC units using 22ga kynar finished metal per SMACNA and NRCA. Contractor to break metal out of flat stock supplied by membrane manufacture. 19 Remove metal pans on site screen support leg curbs. Roof up and over site screen support curbs, reinstall existing pans. Fill existing bolt holes with Tuff Stuff caulking prior to reinstalling bolts. Remove site screen and reattach as needed to accomplish this. Replace wood framing underneath site screen as needed. 20 Replace all plastic, broken, or missing drain covers with new cast iron drain covers. Page 4 of 6 21 Once roofs are complete and inspected by City and Manufacturer, clean roofs thoroughly with blowers and brooms. Coat all roof sections with 3 gallons of Title 24 Pyramic coating. 22 Install new pressure treated wood blocking on all conduits and pipes to replace all existing blocking. Blocking to adhered to new''/:" walkpad with mastic. Blocking to free float on top of roof surface. Secure blocks to conduit or pipe with existing galvanized pipe strap/clamp hardware or new hardware to match others if missing. 23 Replace all metal pans. Install new Carlisle WIP300HT self -adhering membrane. New metal pans to be fully soldered 22ga galvanized metal. Roofing to encapsulate curb underneath new pan. 24 Recaulk the top of all existing reglets using Tuff Stuff caulking. 25 After roof is coated with Title 24 coating, install new 3'x4' TrafGard Roof Walkway Pads to match existing locations and paths; adhere with Tuff Stuff caulking adhesive at each corner and in the center of each walkpad with a 5" pinwheel pattern. Leave a 6" space between each walkpad for water flow. 26 Roof comes with a 30 year, no dollar limit, non pro -rated, manufacturers warranty that includes both labor and materials. Contractor to provide 5 year warranty. Proposal Price Based Upon Market Experience: $ 649,998 Total Working Days: 60 Days Expected -- Bid Breakdown ($649,998): Labor & Non Garland Materials: Garland Materials: Freight: California Sales Tax (8%) General Conditions: 'General Conditions include: Bonds, Insurance, US Communities Fee, Overhead and Profit Total Combined Price Based Upon Market Experience: Clarifications/Exclusions: 1. Sales and use taxes are included. 2. Bonds are included. 3. Plumbing, Mechanical, Electrical work is excluded. $ 349,961 $ 208,880 $ 6,200 $ 16,710 $ 68,247 _.& 944,703 4. Masonry work is excluded. 5. Any work not exclusively described in the above proposal scope of work is excluded. PAGE 5 of 6 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 corrugated decking replacement to the replacement of deteriorated wood nailers. Proposal pricing valid through 12/31/2016. 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@gariandind.com PAGE 6 of 6 [*411111117> CITY OF NEWPORT BEACH BOND NO. 929645002 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 to provide roof repair and replacement services for City's Fire Station No. 3, located at 868 Santa Barbara Drive, and City's Police Department Headquarters, located at 870 Santa Barbara Drive, as more fully described in the contract documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office 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, 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 Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Ninety Four Thousand Seven Hundred Three Dollars and 00/100 ($994,703.00) 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 Garland/DBS, Inc. Page D-1 required by and In accordance with the provisions of Sections 5500 et seq, of the Civil Code of the State of California. 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 17th day of November -12016 . Garland/DBS, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 333 S. Wabash Ave., Chicago, IL 60604 Address of Surety 216-937-1700 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:Ui(7.(/(/ By: 2 M lA I L_ - Aaron C. Harp vM xro n V City Attorney Authorized Signature/Title Frank A. Percaciante Controller INA • . 16 : Cathy L. Woodruff Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED R�AND�O GP pRP0� eS _ • ,l� tl qm • C� I_ AL. '•°,,'qWARE ��•�,,•`• Garland/DBS, Inc. Page D-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. State o` ^he� aWlc� County of Cv�a�� q ) ss. On //- n20beforeme, Notary Public, personally appeared _ -r ,0—' Z -e ,•,a.,t� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware 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 ofZatifernla-that the foregoing paragraph is true and correct, io Heldi Jeanette Dobson WITNESS my hand and official seal/.�Y _ _ ® state of Ohio Notary SG�Public No.2016-2016-RE-613322 9 Si ure seati} My commission Expires 11/5/2021 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 OAAit?5i4 6 OHIO County of CUYAHOGA } Ss, On November 17 , Qp 16 before me, Alice V. Halter Notary Public, personally appeared Cathy L. Woodruff 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($) acted, executed the Instrument. Oho I certify under PENALTY OF PERJURY under the laws of the State of eAK%" that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature ALICE V HALTER, Notary Public State of Ohio Inc. w yew, �;�` Page D-3 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WIiS'TF:RN 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 Cathy I. Woodruff , Individually of Cleveland, OH , its true and lawtul Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on it; behalf "bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts— Surety Bond Number: 929645002 Principal: Garland/DBS, Inc. Obligee: City of Newport Beach and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly autborized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, arc hereby ratified and confirmed. This Pourer 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 3rd day of June, 2015. WESTERN SURETY COMPANY 01t ,aryl: timflat, Vice President State of South Dakota 1 j ss County of Minnehaha On this 3rd day of June, 2015, before me personally cram Paul T. Brullat, to me known, who, being by we duly swom, did depose and say: that he insides in the City of Sioux Falls,. State of South Dakota; that he is the Vice President of WESI I::RN 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 seA; that it was so affixed pursur nt to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuwt! to Hke authority, and acknowledges same to be the act and deed of said corporation. My canmission expire, lyy+r.s+whkaw'.wa+.e+w+.w�,w.. S. EIC February 12. 2021 NOTARY IUKCGr':��1 �✓'^„""' 1 � SOUTN EkIMOfA J �Mw�1\401h�hhhFMw9f�q\w\a S. Eirh. Notary PnWrl 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 17th day of November , 2016 rp WESTERN SURETY COMPANY r�4a`1 ties `S[ Pt'• i Nelson, ASnstani Sceretary Form r428e-7-2012 EXHIBIT E CITY OF NEWPORT BEACH BOND NO. 929645002 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,093.00 , being at the rate of $ 8.25/6.00 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 to provide roof repair and replacement services for City's Fire Station No. 3, located at 868 Santa Barbara Drive, and City's Police Department Headquarters, located at 870 Santa Barbara Drive, as more fully described in the contract documents, in the City of Newport Beach, In strict conformity with the Contract on file with the office 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 _westem 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 Nine Hundred Ninety Four Thousand Seven Hundred Three Dollars and 00/100 ($994,703.00) 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 City, only in the event 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 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 17th day of November 12016 . Garland/DBS, Inc. Name of Contractor (Principal) Authorized SignatureiTitie Frank A. Percaeiante Controller Western Surety Company Name of Surety 333 S. Wabash Ave. Chicago IL 60604 Address of Surety 216-937-1700 Telephone APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: '1 By: t--� Aaron C. Harp w.q.101Iit/ City Attorney Cathy L. Woodruff Attorney -In -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED �p N D/pe G T� • 0 SEAL: '�'• FCAWARE �,. Garland/DBS, Inc. PageE-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, State of•eefiforrtta v///a County ofC, /... 0g A }ss. On & - / 7 - 20 /G before me Notary Public, personally appeared +AZA-�2cge a 4 who proved to me on the basis of satisfactory evidence to be the persons) whose names) Is/are subscribed to the within Instrument and acknowledged to me that he/shelthey 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. p,r/i0 I certify under PENALTY OF PERJURY under the laws of the State of-GaUtoWa that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Is NY, ACKNOWLEDGMENT 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. Heidi Jeanette Dobson State of Ohio Notary public No, 2010•RE-813322 (mlpion E*hm 11/641021 State of 06%MKa OHIO County of CUYAHOGA } ss. On November 17 '20 16 before me, Alice V. Halter Notary Public, personally appeared Cathy L. woodruff 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 foregoing paragraph is true and correct. a%' WITNESS my hand and official seal, _Ac c_ !1 f' Signature Garland/DBS, Inc. Ohio the State of MfHf?% that the ALICE VHALTER "r:ct^rj:'U MyCnmre' ,;on_yfe .i, (seal) Page E-3 Western Surety Company 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 Cathy L. Woodruff , Individually of Cleveland, OH , its true and lawful Ahorney(s)-in-1 act with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory it �;ruments of similar nature In Unlimited Amounts — Surety Bond Number: 929645002 Principal: Gadand/DBS, Inc. Obligee: City of Newport Beach and to bind it thereby as filly 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 aflixcd on this 3rd day ofJune, 2015. WESTERN SURETY COMPANY u' ogq�to furti pax- ':ince Pres.dent Slate of South Dakota 2 County of Minnehaha f On this 3rd day of lune, 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 '�ilows 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 acknowledge, same to be the act and deed of said corporation. My commission expires �+^"'^**'•'+4+�**r'wxM�*abaabw t S. ETCH February 12.2021i NOTARY PUNX {^ ZZsouTH RAKDTA 4 r r IFI 4}}}44Y}}babh}a}w4w4w444� C..A�1.71' � S titch. Nottuy Pubis CERTIFICATE I, L. Nelson, Assistan' Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and .`tither 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 s:al of the said corporation this 17th day of November , 2016 0?t'—e-rrc WESTERN SURETY COMPANY (yep+R,� L Nclum, Assistant Secretary Form 1`1:180-7-2^i2 1:M:114119 a WARRANTY Garland/DBS, Inc. Page F-1 Warranty No: Effective The Garland Company, Inc Thirty (30) Year High -Performance Built -Up Roofing System No Dollar Limit (NDL) Warranty Owner Name: City of Newport Beach Address: 870 Santa Barbara Dr City: Newport Beach State/Zip: Ca Building Name: Police Headquarters Roof ID: Contractor Name: Commercial Roofing Systems Address: 11735 Goldring Road City: Arcadia State/Zip: Ca Products: Simssoly Plus Square Footage: 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 the Garland roof system will not leak due to manufacturing defects or defective workmanship by the above mentioned installation contractor. Subject to receipt of proper notice as set forth below and the terms of this Warranty, Garland will pay all authorized costs of repairs to the roofing system necessary to stop any leaks caused by defective materials or workmanship that occ ' ' hirty (30) years from the final completion date. In the event repairs to correct leaks caused by defective materials or workmanship require removal and replacement of the ecover applications, Owner will be responsible for costs associated with the removal and replacement of the original roof system. APPLICABILITY OF WARRANTY In order for this Warranty to remain in effect, all repairs, changes, alterations, modifications and/or additions to the roofingSMnds' This Warranty is transferable, subject to Garland's approval of the payment of the transfer fee and applicable maintenan r the sole Judgment of Garland, any of the following shall occur: A. The roofing system is damaged by natural disasters including, but not limited to, fire, Floods, lightning, hail, earlhq lak S. The roofing system is damaged by structural movement or failure or movement of any material underlying the roofing system or C. The roofing system is damaged by acts of negligence, misuse or accidents Including, but not limited to, use of roof for other that civil disobedience or acts of war. D. Damage to the roofing system resulting from: 1. Infiltration or condensation of moisture in, through, or around walls, copings, building structure or undedyi rsurrou 2. Ponding water, defined as standing water 48 hours after rainfall. 3. Chemical contaminate attacks on the roofing system which have not been approved or accepted 4. Defects in engineering or building design or construction. 5. Traffic or storage of materials on roof. 5. Defects in, failure or improper application of the underlying structural material used as a base upon which a E. Failure of Owner to propedy notify Garland in writing and receive written approval of: 1. Changes In the usage of the building. 2. Modifications oradditions to the roofing system. F. Failure of Owner to properly maintain the roof according to the High -Performa fCam &Mai Gu' a. G. Failure of Owner to provide Garland with timely written notice of a claim p terms of this LIMITATIONS/EXCLUSIONS Garland shall not be responsible for damages that occur to real or person responsibility pursuant to this Warranty is for costs essodated with r! discoloration, cosmetic deterioration or change in the visual appearance systems to perform any repairs. Furthermore, Garland shall not be respon limited to, loss of use or profits. _ EXCEPT AS SET FORTH HER FITNESS FOR A PARTICULAR To the fullest extent allowed 117111111 Wena brought in the State of Ohio. This Warranty a warranties between the parties respecting the invalid, illegal or unenforceable in any ret roeable illegal or unenfoprovision had neo the building, vandalism, ig damage to the structure itself or contents therein. Instead, Garland's sole erials or workmanship set forth above. Garland shall not be liable for any top coaling, or the removal or replacement of any roof top equipment or Bal damages caused by leaks in the original roof system, including, but not OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR (1) days of discovery of the leak and before any repairs are undertaken. The written notice shall be sent to fives shall then provide Garland with adequate access to allow Garland to inspect the leak and roofing tis or workmanship, Garland will perform the repairs required to correct the roof leaks at no cost to Owner. emergency temporary repairs performed by others will not void this Warranty, as long as those repairs are onstrued under and in accordance with the laws of the State of Ohio and any actions or suits to enforce this Warranty shall be sole and exclusive Warranty of the parties hereto and supersedes any prior understandings or written or oral agreements or :r within. In the event that any one or mom of the provisions contained in this Warranty shall, for any reason, be held to be 1, Illegality or unenforceability shall not affect any other provision thereof, and this Warranty shall be construed as if the invalid, WARRANTY CONTINUATION In the twentieth (20) year of the Warranty period, Owner must request an inspection of the roof system any time between the sixth and tenth months of the year to determine the appropriate maintenance and surface treatment required for continuation of the Warranty. Upon receipt of such request, Garland will perform an inspection of the roofing system to determine whether any repairs or surface coatings are required to make the roof system eligible for continuation of this Warranty. After such inspection, Garland will submit a detailed inspection report to Owner that identifies the nature and extent of any such repairs and/or surface coatings over the field of the mot required to maintain this Warranty. After the Owner has coated the roof and/or caused any required repairs to be made (at its sole expense and by a contractor approved by Garland) and notifies Garland of the same in writing, this Warranty will remain effective for the remaining 10 yeam. WARRANTY ACCEPTANCE: Owner hereby accepts and agrees to the terms and conditions set forth in this Warranty. Owner: By: _ Signed By: Ttie: Date: Date: The Garland Company, Inc. 13800 East 91- Street I Cleveland, Ohio 44105 Warranty No: Effective Date: The Garland Company, Inc Thirty (30) Year High -Performance Built -Up Roofing System No Dollar Limit (NDL) Warrant Owner Name: City of Newport Beach Contractor Name: Commercial Roofing Systems Address: 868 Santa Barbara Drive Address: 11735 Goldring Road City: Newport Beach State/Gp: Ca Cgy: Arcadia Statelzip: Ca Building Name: Fire Station g3 Products: Stressnly plus I; Mi. Square Footage: MANUFACTURER RESPONSIBILITIES The Garland Company, Inc. (hereinafter referred to as °Gadand"), a Corporation of the State of Ohio, warrants to the above named Owner that the Garland roof system will not leak due to manufacturing defects or defective workmanship by the above mentioned installation contractor. Subject to receipt of proper notice as set forth below and the terms of this Warranty, Garland will pay all authorized costs of repairs to the roofing system necessary to stop any leaks caused by defective materials "workmanship that occ hirty (30) years from the final completion date. In the event repairs to correct leaks caused by defective materials or workmanship require removal and replacement of the ecover applications, Owner will be responsible for costs associated with the removal and replacement of the original roof system. APPLICABILITY OF WARRANTY In order for this Warranty to remain in effect, all repairs, changes, alterations, modifications and/or additions to the roc This Warranty is transferable, subject to Garland's approval of the payment of the transfer fee and applicable mainten the sole judgment of Garland, any of the following shall o=r., A. The roofing system is damaged by natural disasters including, but not limited to, fire, goods, lightning, hail, ear B. The roofing system is damaged by slroctural movement or failure or movement of any material underlying the C. The roofing system is damaged by acts of negligence, misuse or accidents including, but not limited to, use of civil disobedience or acts of war. D. Damage to the roofing system resulting from: 1. Initiation or condensation of moisture in, through, or around walls, copings, building structure or undedyt 2. Ponding water, defined as standing water 48 hours ager rainfall. 3. Chemical contaminate attacks on the roofing system which have not been approved or accepted 4. Defects in engineering or building design or construction. 5. Traffic or storage of materials on roof. 6. Defects in, failure or improper application of the underlying structural material used as a base upon which E. Failure of Owner to properly nobly Garland in writing and receive written approval of: 1. Changes in the usage of the building. 2. Modifications or additions to the roofing system. F. Failure of Owner to property maintain the roof according to the rma High-Perfof Care & Mai G G. Failure of Owner to provide Garland with timely written notice of a claim p terms of this LIMITATIONSIEXCLUSIONS Garland shall not be responsible for damages that occur to real or pars' responsibility pursuant to this Warranty is for costs associated with r discoloration, cosmetic deterioration or change In the visual appearance o systems to perform any repairs. Furthemrom, Garland shall not be responsible limited to, loss of use or profits. _ EXCEPT AS SET FORTH HER FITNESS FORA PARTICULAR OWNER RESPONSIB In the event of a leak, 3800 East 91- Street, system. If it Is determh If Garland fails to have approved by Garland. rad, OH 44105. Owner, or its the roof leak is the direct resu To the fullest extent allowed3?V1II is•Warm brought in the State of Ohio. This Warranty a warranties between the parties respecting the invalid, illegal or unenforceable in any re illegal or unenforceable provision had neam be authorize L Warranty excess system or Ing. other than walqlkg the building, vandalism, damage to the structure itself or contents therein. Instead, Garland's sole als or workmanship set forth above. Garland shall not be liable for any coating, or the removal or replacement of any roof top equipment or damages caused by leaks in the original roof system, including, but not OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR 17) days of discovery of the leak and before any repairs are undertaken. The written notice shall be sent to hives shall then provide Garland with adequate access to allow Garland to inspect the leak and roofing als or workmanship, Garland will perform the repairs required to correct the roof leaks at no cost to Owner. emergency temporary repairs performed by others will not void this Warranty, as long as those repairs are onstmed under and in accordance with the laws of the State of Ohio and any actions or suits to enforce this Warranty shall be sole and exclusive Warranty of the parties hereto and supersedes any prior understandings or written or oral agreements or :r within. In the event that any one or more of the provisions contained in this Warranty shall, for any reason, be held to be V, illegality or unenforoeabilily shall not affect any other provision thereof, and this Warranty shall be construed as if the invalid, WARRANTY CONTINUATION In the twentieth (20) year of the Warranty pared, Owner must request an inspection of the roof system any time between the sixth and tenth months of the year to determine the appropriate maintenance and surface treatment required for continuation of the Warranty. Upon receipt of such request, Garland will perform an inspection of the roofing system to determine whether any repairs or surface coatings are required to make the roof system eligible for continuation of this Warranty. After such inspection, Garland will submit a detailed inspection report to Owner that identifies the nature and extent of any such repairs and/or surface coatings over the field of the roof required to maintain this Warranty. Ager the Owner has coated the roof and/or caused any required repairs to be made (al its sole expense and by a contractor approved by Garland) and notifies Garland of the same in writing, this Warranty will remain effective for the remaining 10 years. WARRANTY ACCEPTANCE: Owner hereby accepts and agrees to the terms and conditions set forth in this Warranty. Signed Date: By: _ Title: Date: The Garland Company, Inc. 13800 East 91, Street I Cleveland, Ohio 44105 IM, 51MA A Name of Project: Address of Project: Type of System Applied: With respect to the items referenced above: Police Headquarters - City of Newport Beach 870 Santa Barbara Dr. Newport Beach, CA Stressply Plus 30,313 sq. ft. Commercial Roofing Systems, Inc. guarantees under the conditions hereinafter set forth that during a period of Five (5) years from the date of completion, said entity will at its own expense make any repairs that may become necessary to maintain a watertight condition. THIS GUARANTEE EXPRESSLY DOES NOT APPLY TO ANY OF THE FOLLOWING CONDITION, AND THE FOLLOWING CONDITIONS VOID THIS GUARANTEE: The guarantee will not apply to injury from any cause other than ordinary wear and tear by the elements. This guarantee is not applicable to any damages caused by and other parties, damages caused by virtue of the general building design and construction of the project, damages caused by metal work or drainage problems of any type, and Commercial Roofing &stems, Inc. does not assume responsibility by this document for injury to any internal buiIding contents or for injury to any other portion of the project except that expressly referred to herein. Specifically, this guarantee is void if persons other than Commercial Roofing Systems, Inc. make any changes, alterations, or repairs to any of the roofing surfaces. In order for this guarantee to apply, written notification of any claimed deficiency or request for compliance with this guarantee must be made in writing to Commercial Roofing Systems, Inc. promptly and immediately after location of any claimed defect or negligence, and this guarantee shall not apply to any portion or part of the project or units not specifically and particularly manufactured, installed or applied by Commercial Roofing System, Inc. If any repairs, maintenance, or alterations to any portion of the roofing surface as identified above are necessary for any reason, Commercial Roofing Systems, Inc. must be provided the opportunity to perform said alterations, repairs, or maintenance, and must be reimbursed at their normal charge for services not covered under this guarantee. The use by any other firm, person or entity to perform any services relating to the roof, or to a portion thereof, negates and voids this guarantee. To the fullest extent permitted by applicable law, Commercial Roofing Systems, Inc. disclaims any implied warranty, including the warranty of merchantability and the warranty of fitness for a particular purpose, or limits such warranty to the duration and to the extent of the express warranty represented by this guarantee. Commercial Roofing Systems, Inc. exclusive responsibility and liability under this guarantee is to make repairs that may be necessary to maintain the roofing system in the watertight condition in accordance with the obligation which are Commercial Roofing System, Inc. responsibility under this guarantee. Commercial Roofing Systems, Inc. and its affiliates will not be liable for any incidental or consequential damages to the structure (upon which the roofing system is affixed) or its contents, loss of time or profits or any inconvenience. Commercial Roofing Systems, Inc. and its affiliates shall not be liable for any damages which are based upon negligence, breach of warranty, strict liability or any other theory of liability other than the consequential damages shall not be recoverable even if the remedies or the actions provided for herein fail of their purpose. P This guarantee shall not apply to acts of God. Executed this day of 20—by on behalf of Commercial Roofing Systems, Inc. Signed By: Warranty Number: 5 YEAR ROOF WARRANTY Name of Project: Address of Project: Type of System Applied: With respect to the items referenced above: Fire Station #3 - City of Newport Beach Santa Barbara Dr. Newport Beach, CA Stressply Plus 10,750 sq. ft. Commercial Roofing Systems, Inc. guarantees under the conditions hereinafter set forth that during a period of Five (5) years from the date of completion, said entity will at its own expense make any repairs that may become necessary to maintain a watertight condition. THIS GUARANTEE EXPRESSLY DOES NOT APPLY TO ANY OF THE FOLLOWING CONDITION, AND THE, FOLLOWING CONDITIONS VOID THIS GUARANTEE: The guarantee will not apply to injury from any cause other than ordinary wear and tear by the elements. This guarantee is not applicable to any damages caused by and other parties, damages caused by virtue of the general building design and construction of the project, damages caused by metal work or drainage problems of any type, and Commercial Roofing�Systems, Inc. does not assume responsibility by this document for injury to any internal but*1'ding contents or for injury to any other portion of the project except that expressly referred to herein. Specifically, this guarantee is void if persons other than Commercial Roofing Systems, Inc. make any changes, alterations, or repairs to any of the roofing surfaces. In order for this guarantee to apply, written notification of any claimed deficiency or request for compliance with this guarantee must be made in writing to Commercial Roofing Systems, Inc. promptly and immediately after location of any claimed defect or negligence, and this guarantee shall not apply to any portion or part of the project or units not specifically and particularly manufactured, installed or applied by Commercial Roofing System, Inc. If any repairs, maintenance, or alterations to any portion of the roofing surface as identified above are necessary for any reason, Commercial Roofing Systems, Inc. must be provided the opportunity to perform said alterations, repairs, or maintenance, and must be reimbursed at their normal charge for services not covered under this guarantee. The use by any other firm, person or entity to perform any services relating to the roof, or to a portion thereof, negates and voids this guarantee. To the fullest extent permitted by applicable law, Commercial Roofing Systems, Inc. disclaims any implied warranty, including the warranty of merchantability and the warranty of fitness for a particular purpose, or limits such warranty to the duration and to the extent of the express warranty represented by this guarantee. Commercial Roofing Systems, Inc. exclusive responsibility and liability under this guarantee is to make repairs that may be necessary to maintain the roofing system in the watertight condition in accordance with the obligation which are Commercial Roofing System, Inc. responsibility under this guarantee. Commercial Roofing Systems, Inc. and its affiliates will not be liable for any incidental or consequential damages to the structure (upon which the roofing system is affixed) or its contents, loss of time or profits or any inconvenience. Commercial Roofing Systems, Inc. and its affiliates shall not be liable for any damages which are based upon negligence, breach of warranty, strict liability or any other theory of liability other than the consequential damages shall not be recoverable even if the remedies or the actions provided for herein fail of their purpose. This guarantee shall not apply to acts of God. .,.,.A, nple Executed this day of -20-by-on behalf of Commercial Roofing Systems, Inc. Signed By: Title: Warranty Number: EXHIBIT G 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 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 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 Employer's Liability Insurance in accordance with California law for all of the subcontractor's 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. 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 Garland/DBS, Inc. Page G-1 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 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. Garland/DBS, Inc. Page G-2 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 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 any time. B. City's Right to Revise Requirements. The 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 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 A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage Garland/DBS, Inc. Page G-3 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 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. 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 Garland/DBS, Inc. Page G-4 shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance 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 G-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 11/9/16 Dept./Contact Received From: Raymund Date Completed: 11/9/16 Sent to: Raymund By: Alicia Company/Person required to have certificate: Garland DBS, Inc. — Police Headquarters & Fire Station 3 Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 12/05/15-12/06/16 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? 1M/2M/2M Comp Ops 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 II. 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 $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. 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): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. 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: ( - Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 11/9/16 Date Yes ❑ No ® Yes ❑ No 1,000,000 ® Yes [--]No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ❑ Yes ❑ No ❑ N/A ❑ Yes ❑ No ® 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 * Subject to the terms of the contract. ate