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