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AGMT - Garland/DBS, Inc (City Yard Roofing Project BG2106)
Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder RECORDING REQUESTED BY IJ.JIl III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII IIIIII NO FEE S R 0 0 1 3 4 7 8 0 9 4 $ * AND WHEN RECORDED MAIL TO 2022000024722 12:52 pm 01/19/22 318 507A N12 1 CITY OF SEAL BEACH 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 Attn: City Clerk 21 - 8tStreet CEIVIED Seal Beach, CA 90740 Space of above this line for Recorder's use. FEB 0 2 2022 *** **** CITY CLERK No Recording Fee Pursuant to Government Code Section 6103, 2738 CITY OF SEAL BEACH !I ,- _ __ ,. NOTICE OF COMPLETION N'F Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740. '4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on November 17, 2021. The work was City Yard Roofing Project, CIP BG2106. 6. The name of the contractor(s), if any, for such improvement was: Garland/DBS, Inc. The date of the Contract Award was May 24, 2021. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, arid is described as follows: 1776 Adolfo Lopez Drive, Seal Beach, CA. Date: //// Ste&M er, Director of Public Works, P.E, City of Seal Beach Signature of owner or corporate officer`of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perj ry the foregoing is true and correct. Executed on Ii 2-Z , 2022, at Seal Beach, California. (D= - of ignature) Ste e / rte ;Director of Public Works, City Seal Beach PUBLIC WORKS AGREEMENT CITY YARD ROOFING PROJECT between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Garland/DBS, Inc. 3800 East 91St Street Cleveland, OH 44105 (216)641-7500 THIS. CONTRACT ("Contract") is made as of May 24, 2021, by and between the City of Seal Beach, a California charter city ("City"), and Garland/DBS, Inc., a Delaware corporation ("Contractor'). RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the City Yard Roofing Project ("Project") with respect to design criteria; and, B. WHEREAS, Contractor has submitted a Bid to City for the Project dated April 14, 2021 in the amount of $177,644 ("Bid" hereinafter). The Bid is attached hereto and contains, among other things, provisions defining the Project scope; and, C. WHEREAS, Contractor is a California licensed B Contractor, State Contractor's license number #949380, DIR registration number #1000000134. D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT 1. Contractor's Services. 1,.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work ("Work") required by this Contract and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Sealed Bids, Instructions to Bidders, Accepted Bid Proposal Form, Non -Collusion Declaration, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, this Contract, Exhibits attached to this Contract, including but not limited, to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation. Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor LawRequirements (Exhibit F), Indemnification and Hold Harmless Contract (Exhibit G), Standard Specifications and Reference Documents (Exhibit H), Non -Collusion Declaration Exhibit (Exhibit 1), Contractor's Industrial Safety Record (Exhibit J), Accepted Cost Proposal (Exhibit K), and any and all supplemental agreements executed amending or extending the Work contemplated and that may be 2 required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Contract. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials; equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail. 2. Effective Date. This Contract is effective as of May 24, 2021 (the "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract. 3. Contractor's Compensation. 3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not -to -exceed amount of $177,644.00 (One Hundred Seventy Seven Thousand Six Hundred Forty Four and 00/XX dollars), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council, subject to the not -to -exceed amount set forth in Section 3.1. Payment for additional work in excess of this amount requires prior City Council authorization. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, C] without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code, 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Contract: Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties; and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, actions, causes of action, proceedings, suits, losses, bid protests, stop notices, judgments, fines, penalties, liens, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims"), in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of the Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers,agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting the performance of the Contract, including without limitation, 4 the payment of all consequential damages and attorneys' fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Contract that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Contract. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor,shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any Bid protest. 5.3 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City's active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 5.5 Survival. The provisions of this Section 5 shall survive the termination of the Contract and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor 5 shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers' Compensation Insurance in the amount required by law. 6.4 Deductibles and Self -Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Contract, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the Project, 7 or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may; from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 -8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211 -8th Street Seal Beach, California 90740 If to Contractor: Garland/DBS, Inc. 3800 East 915t Street Cleveland, OH 44015 8 Telephone: (216) 641-7550 Attn:Steve Lampman 10. Non -Assignability: Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non -Waiver of Terms. Rights and.Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys' fees. 14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 15. Workers' Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract." 16. Prevailing Wages. The City and the Contractor acknowledge that the 0 Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto. 17. Claim Dispute Resolution. 17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will' be characterized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. 18. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 19. Prohibited Interests, Conflict of Interest 1.9.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 10 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non -contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any y such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 20. Entire Contract, This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 23. Authority. 'Any person executing this Contract on behalf of Contractor warrants .and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 11 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed,this Contract as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: Garland/DBS, Inc., a Delaware corporation By: Attest: By: Glora Approved Title: C%_o (Please note, Iwo signatures, required for Attorney corporations pursuant to Callfomla Corporatlons Code Section'313. 12 x CV ' �41WAR Corporate Resolution to Ratify Act WHEREAS, David M. Sokol, as President of Garland Industries, Inc. and acting on behalf of Design -Build Solutions, Inc. (DBS), a subsidiary of Garland Industries, Inc., and be it; RESOLVED, that Garland Industries, Inc. authorizes Frank Percaciante, Controller, to sign bonds and bind the companies of Design -Build Solutions, Inc. (DBS), Garland/DBS, Inc. and The Garland Company, DBA: Design -Build Solutions, Inc. and Garland Industries, Inc. The undersigned hereby certifies that he is the duly elected President of Garland Industries, Inc., a company duly formed pursuant to the laws of the State of Ohio, and that the foregoing is a true record of a resolution adapted on December 10, 2008 in accordance with the bylaws of Garland Industries, Inc. and that said resolution is now in full force and effect without modification or recission. IN WITH NESS. EREOF, I have executed my name as President and have hereunto affixed the Corporate Seal ofAe al y -namedc"oration on this If �5 day of Xa44f jK , 2020. D S Davi t okol,Presiden//���UrpC+s0`.uaPoOC��i ' SQQ,, 2ftti. _ U) C F o O' Witness '''�����rrrtliiirrrx"`�`,`` D''•.....••' F<A�ilARE Sworn to and subscribed before me this day of %>,q %.%S 2020. sa_r� ZL::� IG. &J e Notary Public My Commission Expires: Al, �� 20 2/ WHeidi Jeanette Dobson State of Ohio Notary Public No, 2016 -RE -613322 My Commission Expires !1/5)2021 EXHIBIT A FAITHFUL PERFORMANCE BOND Bond No, 30092598 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: has awarded to Garland/DBS. Inc. ("Principal") (Name and address of contractor) a contract (the "Contract") for the Work described as follows: CITY YARD ROOFING PROJECT (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. we, the undersigned Principal, and Western Surety Company iicago, It. 60606 ("Surety") a duty admitted surety insurer under the laws of the State of California, as Surely, are held and firmly bound unto the'>City In the penal sum of One Hundred Seventy Seven Thousand_ Siz Hundred rorty Four and 001100's ----------------------- —--- —------------------------------ —------------------------- ----- Dollars ($177,644.00 -------- ------- ), this amount being not less than the total Contract Price, In lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors.or assigns, shall in all things stand t&and abide by,. and "well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed=at the time and in the manner therein specified, and in all respects according to their true Intent and meaning, and shall Indemnify and save harmless the City, Its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part,of theobligation secured hereby and in addition to the face amount specified therefor, there shall be Included costs and reasonable expenses and fees,;including reasonable attorneys' tees, Incurred by City I,Wsuccessfully enforcing such obligation, all to be taxed as costs and included In any judgment rendered. Surety hereby waives any statute oflimitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications.accompanying the same shall, in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all r'ightsofa party hereto.. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: April 26, 2021 "Principal" Garland/DBS, Inc. By: V00 ' CORdPp�lTF yn '• O (Seal) •.FI4WARE .` '''''�rrrt rmn�A��````• "Surety" Western Surety Company By: L6U�UA, Its Carolo E. Wheeler, Attorney -In -Fact By: NIA (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as,attorney-In-factmust be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to 'transact business In the State where the project is located. STATE OF _ COUNTY OF Tennessee SURETY ACKNOWLEDGMENT On this 26th. day of April in year 2621 Before me personally come(s) Carolyn E. Wheeler to meknown, who, being by me duly sworn, deposes and says that same resides in Tennessee that same is the Attorney -in -f=act of the Western Surety Company the corporation described in and whichexecuted the foregoing instrument; that same knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixedby the order of the Board of Directorsof said corporation, and that same signed nthe nname thereto by like order. xsxtEll. tTE HF'r��i t\�1 Cha SIX f act gli�P �-1r- (Signature of Notary taking acknowledgment) Michelle Lute -Heatherly My Commission Expires: 07/26/2023 TENNESSEE NOTARY PUBLIC CORPORATE ACKNOWLEDGMENT ----_ �r'rdnnn xxssa STATE OF OW/0 COUNTY OF v On this .?E:W day of d 10Sx ie In the year fo 21 before me,personally come(s) C40o'd to me known, who, being by me duly sworn, deposes: and saysthat same resides in Z/4 +.:w 0 fa that. same is the vP /Gin of the L the corporation described in and which executed the foregoing instrument; that same, knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so aff"Isibb, the order of the Board of Directors of said corporation, and that same signed the name thereto bjej�bi (Signamu &of Notary taking acknowledgment) LIMITED LIABILITY COMPANY ACKNOWLEDGMENT i4a; State of County of On this _ day of in the year before me personally come(s) to me known, who, being by me duly sworn, deposes and says that same resides in that same is the of the the Limited Liability Company described in and which.executed:the foregoing instrument; that same knows the seal of.the.saidcorporation; .that the seal affixed to thesaid-instrument; and that same authorized under the Articles of Organization and the Operating Agreement as amended and in effect this date to execute the forgoing instrument and so bind the Limited Liability Company. (Signature of Notary taking acknowledgment) 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 imthe 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 Carolyn E. Wheeler Individually of. Knoxville TN its true and lawful Auorney(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: 30092598 Principal: Garland/DBS, Inc. Obligee: City of Seal 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 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 2nd day of February, 2021. WE�/S/T///�J'�j SURETY COMPANY Paul T. Bmflat, Vice President State of South Dakota f 4 jj � NIII1111111\1M1 County of Minnehaha On this 2nd day of February, 2021, beforeme 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 (he 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. F44h44444h444444h44444444� My commission expires ; M. BENT + NOTARY PUBLIC ^ March 2, 2026 r sEnL SFAL SOUTH DAKOTAc i �h444444h44444h444444444 M. bent, 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 1 have hereunto subscribed my name and affixed the seal of the said corporation this 26th day of April 2021 oWl �Zz :. •.� eater•= +ununnllna. Forth F4280-2-2021 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed.pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize: The President, any: Vice Presidents Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Factor agentswho shall have authority to issue' bonds, policies, or undertakings in the name of the Company. The corporate. seal is not necessary for the validity of any bonds,. policies, :undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Bond No. 30092598 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seal Beach ("City"), State of California, has awarded to Garland/DBS, Inc., 3800 East 91st Street, Cleveland, OH 44105 ("Principal") (Name and address or Contractor) a contract (the "Contract") for the Work described as follows: CITY YARD ROOFING PROJECT (Project name) WHEREAS,. under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a.good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and Western Surety Company 151 N Franklin Street Chicago IL 60606 (Name and address or Surety) ("Surety") a duly admitted surety insurer under the laws of the Slate of California, as Surely, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed In the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of One Hundred Seventy Seven Thousand Six Hundred Forty Four and 00/100's ------------------------------- Dollars ($177 644.00 ------- ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit Is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed.that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as -to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of Its subcontractors, or both the principal and Its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Band be fully performed, then this obligation shall become null and void; otherwise, It shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and It does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body, Dated: April 26 2021 "Principal" Garland/DBS, Inc. By: Its By: .Sc 6-.44 Its cORP%' ., '• ops' r (Seas '••!%W,IRE "Surety" Western Surety Company By: Its Caroly . Wheeler, Attorney -In -Fact LA N/A Its (Seal) Note: This Bond must be executed In duplicate and dated, ,all signatures must be notarized, and evidence of the authority of anyperson signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing. Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project Is located. SURETY ACKNOWLEDGMENT STATE OF Tennessee. COUNTY OF Knox On this 26th day of April. in year 2021 Before me personally come(s) .Carolyn E. Wheeler to me. known,. who, being by me duly sworn, deposes and says that same resides in Tennessee .that same'is the Attorney -In -Fact of the Western Surety Company the corporation described in and which executed the foregoing instrument; thatsame knows the seal of the said corporation; that the seal affixed .toathe said instrument is such corporate. seal; that it was so affixed by the order of the Board of Directors of said corporation, and that same signed the name thereto by like order. acknowledgment) Micheile.Lute-Heatherly My Commission Expires: 07/26/2023 CORPORATE ACKNOWLEDGMENT STATE.OF 0j//6 COUNTY OF C.a ✓�.✓o� On this O*Z C. day of AP4. i In the year_14 21 before me personally come(s) F.,y fAly� 77- Pl< 1,e35v' 'rrrri a ii�``� to me known, who, being by me duly sworn, deposes and says�ltat same resides in .6 that same is the QIP G(, M of the O S the corporation described in and which executed the foregoing instrument; that same knows the seal of the saidcorporation; that the seal affixed to the said Instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that same signed the name thereto by lik : 1 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT State of _ County of Iv- of F On this _ day of in the year before me personally come(s) to me known, who, being by me duly sworn, deposes and: says that same residesin that same is the of the the Limited LiabilityCompany described in and which executed the foregoing instrument; that same knows the seal of the said corporation; that thesealaffixed to the said instrument; and that same authorized under the Articles of Organization and the Operating Agreement: asamended and in effect this date to execute the forgoing instrument and so bind the. Limited Liability Company. of Notary taking acknowledgment) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETYCOMPANY, 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 Carolyn E. Wheeler Individually of Knoxville TN its :true -and lawful Atiorney(s)-in-Factwith 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: 30092598 Principal: Garland/DBS,.Inc. Obligee: City of Seal 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 corpoiation 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 theshareholders 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 2nd day of 2021. WEST .SURETY COMPANY 1111111111,/I/. _kQ/oQ,QORq�;.'ia "< Paul T. Bruflat, Vicc Presldcnt State. of South Dakota 1 J ss �° TH DPµ NI/11111111\1\ County of Minnehahe On this 2nd day of February, 2021,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 inand which executed the:abovcl instrument; that he knows the seal of said corporation; that the seal affixed to the saidinstrument 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. X444444444544444444444445+ My commission expires s M. BENT J $ ^Q� NOTARYHDA OTA ^ i y V 1 March 2, 2026 rr SEAL, SERC s i`�O DAKOTA(Rf b444444444444444444'n4444 t M.$ent, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth instill in force, and further certify that the By -Law of the corporation printed on: the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the'seal of the said corporation this 26th day of April 2021 """"�o' WESTERN SURETY COMPANY L. Nelson, Assistant secretary //,nuu4;mu Form F4280 �-2021 ` ' Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney„ or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board. of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint. Attorneys in Factor agents,whq shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporateseal isnot.. necessary for the validity .of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and thecorporate sea[ may be printed by facsimile. EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE EXHIBIT D-9 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY (INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY) EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY (INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY) ACEI R h® .`SVCERTIFICATE OF LIABILITY INSURANCE DATE /2021 YV) 04115/2021 THIS, CERTIFICATE IS ISSUED AS.A MATTER OF INFORMATION ONLY AND,CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES .BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE;OR PRODUCER,. AND THE CERTIFICATE. HOLDER. IMPORTANT: If the certificate'. holder Is an ADDITIONAL, INSURED, the, policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 15: WAIVED,. subject to the terms and conditions of the, policy, -certain policies may require an endorsement. A statement on this certificate doesnotconfer rights to the certificate holdedln lieu of such endorsement(s). PRODUCER Mersh USA, Inc 4400 Comerica Bank Tower CONTACT NAME:- PHONE FA% AIC Na &MAII ADDRESS: AeX,POder@merSh.COm 1717 Main Street Dallas, TX 75201-7357 Attn: dallas,cens®marsh.com INSURERS AFFORDING COVERAGE NAICM - INSURER A:. Liberty Surplus Insurance Corp 10725 CN102137489-G/DBS-GAWX+-20- INSURED GarlandlDBS, Inc. 3800East 9lstStreet INSURER B: The Phoenix Insurance Company 25623 - INSURER C: Liberty Insurance Underwriters Inc, 19917 wsuRER D,.Travelera Indemnity Co 25658 Cleveland, OH 44105 INSURER E: Aspen American Insurance Company 43460 'INSURER Fi Endurance American SpeclaJtv Insurance Company, 41718 A AGET RENTED PREMISES Ea occurrence $ COVERAGES CERTIFICATE',NUMBER: HOU-003777064-01 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE: LISTED BELOW. HAVE. BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERMOR CONDITION'OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE:MAY BE.ISSUED OR MAY, PERTAIN, THE .INSURANCE -AFFORDED BY THE ".POLICIES -DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS "OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INTRR TYPE OF INSURANCE INSD ADDLISUBP WVD POLICYNUMBER MMIDDYEFF 'MMID�Yl1'EYYY LIMITS A :X COMMERCIAL GENERAL LI ABILITY 1000353805-02 12/05,12020' 12/0512021 EACHOCCURRENCEI $ 1,000,000 CLAIMS -MADE Fx7OCCUR A AGET RENTED PREMISES Ea occurrence $ MED EXPAny oneperson) $ 10,000 X SIR -$100,000 PERSONAL a ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE Is 2,000,000 X PRO - POLICY , F—]. LOC PRODUCTS - COMPIOP AGO' $ 2,000,000 $ OTHER: 1 1 B AUTOMOBILELIABILITY 810-21-222566 12/0512020 12105/2021 COMBINED SINGLE LIMIT $ 1,000,000 Ee eccideru BODILY INJURY (Per person) $ X .ANY AUTO X X OWNED SCHED08ULED AUTOS ONLY AUT- HIRED NON -OWNED AUTOS ONLY 'A1170S ONLY BODILY INJURY tPer accident) $ PROPERTY DAMAGE $ Per accident 8 X UMBRELLA LIAe kXq OCCUR 1000021686-11 1210512020 12/0512021 EACH OCCURRENCE. $ 5,000.000 AGGREGATE 5 5,000,000 EXCESS LIAR ICLAIMS-MAGE DED I I.RETENTIONS$ D. WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORMARTNERIEXECUTIVE YIN OFFICERIMEMBERE%CLUDE09 � (Mandatory In NH1 NIA UB-4R0181o4-20-51-K' 12105/2021 X PER ERH- STATUTE •ER E, L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ If yes, describe under11000,000 DESCRIPTION OF OPERATIONS helow E Inland Marine IM2325420 1210512020 1210512021 Installation Floater 1,000,000 F Inland Marine ARL30000500803 (0, d: $25,000) 12105/2020 12/0512021 Leased/Rented Equip 100,000 'DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) 'City, Its officers, officials, employees, designated volunteers and agents serving as Independent contractors In the role of Clty officials are Included as additional Insured where required by written contract with respect to General Liability and Auto Liabillly.. This Insurance Is primary. and non-conububry over any existing Insurance and limited to liability arising out of the operations of the named Insured subject to policy terms and conditions. Waiver of subrogation is where required by written contract and subject to policy terms and conditions, GUIUal- 1 City of Seal Beach 211 -8th Street Seal Beach,'CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Mmin USA Inc. Manashl Mukherjeet.auaol.c .Jd+a,a�nAt- All rohtsreserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102137489 LOC #: Dallas ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Marsh USA, Inc. NAMED INSURED GarlantllDBS, Inc 3800 East 91st street Cleveland, OH 44105 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE GATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS ASCHEDULE TO. ACORD FORM', FORM NUMBER: 28 FORM TITLE: Certificate.ofLiabilityInsurance Other property deductibles may apply as per policy terms end conditions, ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �a Liberty %//� \ Qo>tY�St erci$n General Lkbillty Mutual. IRONSHORE. INSURANCE ei.ibnrnwwn cmp.n LIBERTY SURPLUS -INSURANCE CORPORATION (A 14m FlAmpdvm Smcklaevrana Compury, Lere(oifAs die' C*Mpdny' ENDORSEMENT NO, I Effective Date: 12/05/2020 PolicyNumber. 1000353805-02 Issued Tw. Garland Industries; Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rr CAREFULLY. ADDITIONAL INSURED—DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART «tet Name Of Additional Insured Person(s)Or Organization(s) As: requited by written contract signed by both parties prior to any "occurrence" in which coverage is sought undr this policy. (Information requited to complete this Schedule, if not shown above, will be shown in the Declarations) Section II - Who Is An Insured is amended: to include as an additional Insured the parson(s) of otgatdzation(s) shown in the Schedule; but only with respect to liability fax "bodilymjury{', "Property damge„aor "personal sued adverustug injpty"caused, in whole or in part, by your acts or;omissions.or the acts or omissions of those acting on your behalf. A. In the perfonitattce of your ongoing operations; or B. In connection with your premises owned by or rested to you. NOR -Li CG 2026 07 04 Copyright; Ltsurance Services Office, Inc., 2004 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury„ damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to therCoverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM. NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire; or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during thepolicyperiod, to be, named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in.Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 @ 2015 The Travelers,indemnity Company: All rights reserved. Page 1 of 4 Includes copyrighted material of. Insurance Services Office, Inc, with Its permission. COMMERCIALAUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D, EMPLOYEES AS INSURED The following is added to Paragraph A.1.,,Who Is An Insured, of SECTION II — COVERED•AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us - Ing a covered "auto" you don't own,, hire or borrow in your business or your personal affairs. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS —INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A:2.a:(2); "suit". of SECTION II —COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in - we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para - 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION 11 — COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS LIABILITY COVERAGE. ITY COVERAGE: (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, 'including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- tion of such claims and your defense cause of time off from work.. of the "insured" against any such F. HIRED AUTO — ,LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B'.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit; Our duty to make such payments ends when we (5) Anywhere in the world, except any country or have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to.and, pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such Country or jurisdiction, for Cov- and collectible other insurance available ered AutosLiability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. withouta,driver for a period of 30,days or less (c) This insurance is not a substitute for re - and thatis not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United ;States, its ter - partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 0 2015 The Travelers Indemnity Company. All tights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance. services office, Inc. with Its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law,, Your failure to comply with compulsory insurance requirementswill not invalidate the coverage afforded by this policy, but we will only be, liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not,an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of'insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble; of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto' will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence;of Para- graph A4:b., Loss Of Use Expenses, of SEC- TION 1[I — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT' The following replaces the first sentence: in Para- graph A.4.a., Transportation Expenses; of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered' "auto' of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for 'loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion.3.a. does not apply to 'loss" to one or more.airbags in a covered "auto' you own that in- flate.due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto' is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or 'loss" ap- plies only when the "accident' or ".loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS : S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident' or "loss", provided that the "accident' or "loss" arises out of operations contemplated by CA T3 53 02 15 O 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How - N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The ,following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 .© 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance services Office, Inc. with Its permission. M ' � T.RON//is�H�NORE, Conmercial GeneralLiability INSURANCE u "a'a" LIBERTY SURPLUS 1INSURANCE -CORPORATION (A NewrUmpddm &cklmuranw6impany, hatkailtr the"Compmy'1 ENDORSEMENT NO. 14 Effective Date: 12/05/2620 Policy Number. 1000353805-02 Issued'To. Garland Indust THIS END611SEMENTCHANGES TIM POLICY, PLEASE,READ IT CAREFULLY. CANCELLATION 1. The fLtstNamed lnmt6dsbownintliiD6d2mdons=y_cancel ffitspoUcyl3yhlAingordCUVCii%towadvance written notice of 2. We may coned this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel f6r non-payment of premium, or b. 0 days before the effective date of cancellation If we cancelfor anry other reason. 3. Wi will mail or deliver our notice to the first Named Insu ed's lastraii1ing address known w us, 4. Nbtice,ofcancellation will state .the ,cffcctivedate ofcancellation The policy padodwill end on that date. 5. If this policy is cancelled welwill sendviii flr st Named Inoured any premium, rcfimd due, If we Coned, the refund will be pro ram. If the first Named Insured Cancels, the zefimd may be less than pro rots. The cancellation will be effective even ifve have not made or'o_&a irfixod. 6. Ifnotice lsmailed, proof .ofmatRiigwill besufHdentptc)pfofnotice. CGL 10'07 0103 Liberty �%��1 RE Conuneaciml Genexal Liability Mutual. IRONSHO"" INSURANCE AL�me ynmml (a.npvpa LTBERTY SURPLUS' INSURANCE -CORPORATION (A Nem YIampetune 5mrk Ineurana Compmy; )terrrinaCter dw "C°mP4°7� RNDORSPIAR ' NO. 48 Effective Date- 12)05/2020 Policy. Number. 1000353805x02 IsauedTo: Garland Industries, Inc. THIS END6115EMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modified insurance :provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Person Or Organization: Asrequired by written contract signed by both. parties prior to any "occurrence" In which coverage is sought under this policy. Information required to complete this Schedule, iEnot shown above, will be shown in the Declarations The following is added to ParagxiphS. Ttansfar Of Rights Of Recddczy'Against Others To Us of Section IV — Conditions:' We waive any tight of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of.your, ongoing operations or. `-your work" done under a contract with thatperson or organization and included in the "products -completed operations hazard". This waivet applies only to the person or organization shown in the Schedule above. ON—T-I CG 24'04 05 09 0 Insurance Services Office, Inc., 2008 Liberty �l�l�` om merci'al GeneraLimbillty Mutual. IRONSHORE, G INSUPANCE eimwynuma«."mm' LIBERTY SURPLUS INSURANCE CORPORATION (A Nem Hampshim Snick Ims=nm Company, hemima the"CompnaP) ENDORSEMENT NO. 43 Effective Date: 12/05/2020 PolicyNumber. 1000353805-02 Issued To: Garland Industries, Inc. THIS ENDORSEMENT'CHAi4GES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT To the extent that this insurance is afforded to any, additional insured under the policy, -such insurance shall apply as primary and not contributing with any insurance embed by such additional insured, as required by written contract. Nothing herein contained shall be held to waive; vary, alter or eatend any condition or provision of the policy other thea as above stated. l CGI, 10`3104 03' TRAVELERS J� WORKERS COMPENSATION AND ONE .TOWER :SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13 - 001 POLICY NUMBER: DS-4Ro18104-20-51-R WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have theright to recover our payments from anyone liable for: an injury covered by this policy. We will not enforce our right against the person or organization named, in the Schedule. (This agreement applies only to the extent that you performwork under a written contract that requires you to obtain this agreement from us:) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DES IG NATED, ORGANI ZATI ON: ANY PERSON OR ORGANIZATION.POR WELCH TEE INSURED HAS AGREED By WRITTEN CONTRACT MESCUTED PRIOR TO LOSS TO FGRNISS THIS WAIVER. Any person or: organization for which the employer has agreed by written contract, executed prior to. loss, .may executea waiver. of subrogation. However, for purposes of work performed'by the employer in Niseouri, this waiver of subrogation does not apply toany construction group of claseigications as designated by the waiver of right to recover from others (subrogation) rule in ourmanual. DATE OF ISSUE: 11-13-20 STASSIGN: PAGE 1 OF1 1 �11 onunercial General Liability NSUnA IRONSHORE. Q INS UaANCE ♦�.mmvA�SuaI OR 1A ENDORSEMENT NO.5 Effective Date: 12/05/2420 Policy Number: 1000353805-02 Ieaned To; Garland Industries, Inc, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—OWNERS,. LESSEES ORCONTRACTORS— COM PLETE) OPERATIONS This endorsement modifies Insurance ptovided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART Name,Of Additioual'Insured Peison(e) Or`Organizatirm(s) Location and Description Of Covered Operations As,requited by written contract signed by both All Locations and Deacdption of Covered pardes prior to any "occurrence' in which coverage Operations is Bought Nadir this Policy. (Information required to complete this Schedule if not shown above, will be shown in the Declarations) Section 11— Who'ls Ark Insured is amended to include as. an additional insured the pexson(s) or orgn°izadpn(s) shown in'.the Schedulr but only.with aspect to liability. Fox'bodiiy 1nJW''ot "p?opettp damagd' caused, In whole of In pact, by "your worV' at the location deaignated'and described In the schedule of this endorsement performed for that additional insured and included iu the "ptoductssrnup',leted operations hazard". NW -T-1 CG 20 37 07 04 0 ISO Properties, Inc:, 2004 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifiesinsurance provided.under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1:c., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and. that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy 'period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.S., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a, and paragraph d. of this part S. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that `is,in'effect during the policy period, requires this insurance to be primary and non-contributory. CA T4 74 02 16 © 2016 The Travelers Indemnity. Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS - STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS' [Business & Professions Code § 7028.151 [Public Contract Code § 20103.5] I, the undersigned, certify that 1,am aware of the following provisions of California law and that I, or the entity on,whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business &.Professions Code § 7028:15: (a) Itis a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacityiof a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted.from this chapter. (2) The bid is submitted on a state projectgoverned by Section 10164 of the Public Contract Code or on any local agency projectgoverned by Section 20104 [now § 20103,5] of the Public Contract Code, (b) If a person has been previously convicted of the offense described in this section, the court shall Impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500); whichever Is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials andtab"or furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a,bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his ocher individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a .contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, .unless one of the,,foregoing exceptions applies, the registrar may issue a citation to any public officer or employee: of a public entity who knowingly awards,a contract or Issues a purchase order to a contractor who is not licensedpursuant to this chapter. The amount of civil, penalties, appeal, and finality:of such citations shall be ,subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or, noncompliance with subdivision (e).ofthis section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee,, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed inaccordance with,the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed,in accordance with the laws of this state. The first payment for work or material under any contract shall not be.made unless and until the Registrar of Contractors verifies to the agency thatthe records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all, legal penalties imposed by law, 'including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of'pre-qua lification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall "result in the forfeiture of the security of the Bidder. License No.: 7'V7.380 Class: GC Expiration Date: G -so "Zo ZZ Date: 7. /-S ro z/ EXHIBIT LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§,1720, 1773:8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California; law: 1. Contractor acknowledges lhatdhis Contract is subject to the provisions of Division 2, Part 7,,Chapter 1 (commencing. with Section 1720) of the California Labor Code relating to public works and the awarding public agency''("Agency') and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply .with the provisions of California Labor Code Section 1773:8 which requires the'payment of travel and subsistence payments to each worker needed to execute the Work to the extent' required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, ;as a penalty to the Agency, forfeit not more than fifty dollars ($50) for`eachycalendar day, or portion thereof, for each worker paid less than the prevailing rates as determinedby the Director of Industrial Relations forthe-work or craft in which the worker is employed for any pub lic work done under the Contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (,1);keep accurate,payroll records, (2) certify and make such payroll records available for' inspection as provided'by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is 'responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply withtthe provisions of California Labor Code Section 1777.5 concerning the employment obapprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 177.5 by itself_and all of itssubconiractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-'five'dollars ($25) for each workertemployed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permittedito work more than 8 hours in any one calendar day and 40.h0urs in any one calendar week in violation of the provisions"of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code "Section '1861, Contractor hereby certifies as follows: "I am aware of the provisions of Sectiom3700 of the Labor Code which require every employer to be Insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of4hat code, and I will comply with such provisions before commencing the performance of the Work of.this Contract." Date (3 y 6 /old 4I Signature EXHIBIT G INDEMNIFICATION AND HOLD HARMLESS AGREEMENT INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER,OF SUBROGATION AND CONTRIBUTION OFFICIAL TITLE OF PROJECT: City Yard Roofing Project Indemnitor(s) (list all names); To the fullest:extentpermitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seat Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands; causes of action, proceedings, expenses; judgments, penalties, liens, and, losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly orindirectly, out of, in -connection with, resulting from, or related to any act, failure :to:act, error, or omission of"Indemnitor or any of its officers, agents, servants, employees, subcontractors„ materialmen, suppliers on their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out'of, in connection with, resulting from, or related to the above -referenced contract agreement, license, or permit (the "Contract") or,the performance or failure to perform any term, provision, "covenant, or condition of the Contract, including this indemnity provision. This indemnity provision is effective regardless of'any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity+provision shall survive.the termination of the Contract and is in addition to any other rights or remedies which Indemnitees may'have'under the law. Payment is not required as a condition precedent to an Indemnitee's,right to recover under 'this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to; recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole, negligence or willful' misconduct to the limited extent that the underlying Contract''is subject to Civil Code §2782(a)ror,(b) thecontracting public agency's active negligence to the limited extent that the underlying Contract Is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence, or applicability of any insurance coverage which may have been required under the Contract or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities, arising out of or'incident to activities -or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent„ or subsequent active or passive negligence by the Indemnitees. In the event there is more; than one.,person or entity named in the Contract as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall' be joint and several. "Indemnitor"D Name k 4/ Name:By: AAr4K lei Penin«a,17;( By: cm2exss Its • SEAQ, EXHIBIT H STANDARD SPECIFICATIONS AND REFERENCE DOCUMENTS Standard Specifications for Public Works Construction ('Greenbook") Construction Specifications Institute ("CSI") EXHIBIT I NONCOLLUSION DECLARATION FORM The undersigned declares: I am, the /o 1C '. %mf he party making the foregoing Bid. a4(ahs• e ei The Bid Is not made in the interest.of, or on behalf of any undisclosed person, partnership, company, association, organization, or corporation„ The Bid is genuine and not collusive or sham: The Blddernas not directly or indirectly induced or solicited any other Bidder to put in a false.or sham:Bid. The Bidder has not=directly+or Indirectly colluded, conspired, connived, or agreed with any.Bidder or anyone else to put in a'sham Bid, or to refrain from bidding: The Bidder has not in any manner, directly or indirectly, soughtby agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element ofthe Bid price, or of than of any other Bidder. All statements contalned in the Bid are true, The Bidder has not, directly, or indirectly,submitted his or tier Bid price orany breakdown thereof„or'the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company; association, organization, Bid depository, or to any member oragent thereof, fo effectuate a co)lus(ve or sham Bid, and has not paid', and will notpay, any'P.erson or entityforsuch purpose, Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, I oint venture, limited liability company, limile6,11ability partnership, or any other entity, hereby represents -that he or she has full power to execute, and does execute, this declaration on behalf of the, Bidder., I declare under penalty of perjury. Linder the laws of the State of Califor la that the foregoing is true and correct apd ,that' this declaration is executed on /G Zoe [date], at C'/w . 1.., r l [cityl, 12 ✓. o [state]. Signature: Printed Name: Fk A, &CNCLV9/hrinted Signature: Name: , Date: _ 242,1 r Date: �f / '- 16 This forrn must be notarized. W ' --�I � 2� illi •:?�':. BRA°ones at Law —� No ry uhlic, stale of ohlo Olr1Ct 11�5� w� a*Ni, JQA a: E ^ts�`IcoEPoa@ni4TO ration Q�11--A, I,� ” ' �c_j�7""' Section A7.0 or-,44'lrj ��Dt a VF jAgt/ (�G02i( f✓l/�' � v t��Go�f�l. PC1CGnCiQt,1� a, -,j n lA/��>— 111 �er, • t �xdr��' EXHIBIT J CONTRACTOR'S INDUSTRIAL SAFETY RECORD @ a U 0 @ E E _ m m C O 0,r. m V V III M 0 0 10 066 O h O � N U .p� Q 0 DO � —s co oA 0 N O 0 � N 4. •�� J i C O N V V ` O C G 0 E v @ @ [ v m @ c m 0 n m `00 O .: E 3: w O N '- (0 3 O pt O'. C' G O o o o N a U y Ul N 'N C..O E roam E. Ey EN,�� z F°c°ua z zu 28" @ a U 0 @ E E _ m m C O 0,r. m V V III O 3 m J NN N a) c N mO N y y O O ] O ' a) to O � O m3.u'`�.vWo c o =O "-w N.0 Ua' O O(Dca Ca a E 2 wj 0Evm c a) o w � U N m > 3 >.,.....�. a) a 2 0 a -o a) m m E:� Z` c w�N�•�E'ro -.c E U o aW mGcnLO O C al w U.L. •moo_; E > E•`� m N >N GO U Q..0 N' O. C m - L: w •-. m I vn' G .O:N'(1 a);� Z.. o. ❑� d C 1 0 O Ems^ �i0oE f0 'U O a) o 'a 0.;(a o,.c'a C o c,.N a N 0- 2 C.LO N m N ELQ)U L O N a N C N E. N b _ 0) a c ai `o.o 0 0 ❑L O'7 00) >io- oL o c N If C 0 [D C a) N r- U a'c O 2 o E- N :� .o a. a g m 0• •. 'c'•0 m E N Y. ELc�0 w '0 E E c 0 o .o F NN N a) c N mO N y y O O ] O ' a) to O � O m3.u'`�.vWo c o =O "-w N.0 Ua' O O(Dca Ca a E 2 wj 0Evm c a) o w � U N m > 3 >.,.....�. a) a 2 0 a -o a) m m E:� Z` c w�N�•�E'ro -.c E U o aW mGcnLO O C al w U.L. •moo_; E > E•`� m N >N GO U Q..0 N' O. C m - L: w •-. m I vn' G .O:N'(1 a);� Z.. o. ❑� d C 1 0 O Ems^ �i0oE f0 'U O a) o 'a 0.;(a o,.c'a C o c,.N a N 0- 2 C.LO N m N ELQ)U L O N a N C N E. N b _ 0) a c ai `o.o 0 0 ❑L O'7 00) >io- oL o c N If C 0 [D C a) N r- U a'c O 2 o E- N :� .o a. a g m 0• •. 'c'•0 m E N Y. ELc�0 w EXHIBIT K COSTPROPOSAL Garland/DBS, Inc. 3800 East 916 1 Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING.MATERIAL AND SERVICES PROPOSAL Public Works Yard West Garage City of Seal Beach 1776 Adolfo Lopez Dr Seal Beach, CA 90740 Date Submitted: 04114/2021 Proposal #:'25 -CA -210343 MICPA # PW1925 California General Contractor License #:949380 Purchase orders to be made out to: Garland/DBS, Inc. r7�esgn�Bu;ld Salullons; InaP. � 'A Sub5a9ary*Madand Wusl tes'. Please Note:: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, Wl and OMNIA.Partners,'Public Sector (U.S. Communities). The pricing breakdown should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered -an.informal competitive process for obtaining quotes for the project with the hopes of providing a lower market -adjusted price whenever possible. Scope of Work: 1. Remove roof down to the deck. 2. Remove existing reglet'from concrete wall or cut or grind off completely flush. 3. Prime all concrete surfaces with 1 gallon per square of Garla Prime VOC asphalt primer. 4. Install crickets to properly direct water to scuppers to limit ponding water. 5. Loose Jay red rosin paper and then nail a layer of'HPR Glasbase type II base sheet over the prepared substrate. 6. Install two layers of HPR Glasfelt type IV felts in Type IV hot asphalt over the entire roof surface. 7. An extra layer of Stressply EUV modified smooth surfaced membrane will also be installed in all flashings, base flashings, wall flashings, target sheets at penetrations, and all transitions. 8. Install Stressply Plus FIR Mineral over entire field in hot asphalt. 9. Install Stressply Plus FR.Mineral on all vertical -flashings including up and over parapet walls. 10. Follow all procedures in the back of this specification for counterflashings, copings, drains, and all other related rooftop equipment. Pagel of 3 11. The use,of pitch pans is not approved on this project. Flash penetrations using 41b split lead flashings. Farrow out top of lead jack, clamp, and caulk with Tuff Stuff urethane caulking. 12. Remove existing vents. Build. new 8" tall wood curbs and install new fully welded 22 ga passive vents to match existing opening size and overhang on top of curb per NRCA guidelines. Prep, prime, and paint all surfaces prior to.installation to prevent rust. Secure to.curb with two #12 stainless steel grommet screws on each side. 13. Replace;all scuppers with new.22 ga. fully soldered units. Caulk outside edge and paint outside edge to match building. 14. Instal[new2x pressure treated wood nailer at the top of.all exterior parapets. Attach nailer with countersunk Hilt! KB3 expansion anchors,spaced 3' O.C.. 15. Install new coping on aifparapet walls using new .040 aluminum with a factory Kynar finish (standardcolor to be chosen by City) and attach using a .040 aluminum continuous clip on outside perimeter and fastening inside edge every 24" O.C.. Roofing to be installed up wall and completely under new copirrg. Coping to have 4" outside face and 3" inside face. 16. Paint all exposed pipe stacks and mastic using Pyramic, elastomeric white Title 24 coating after 30 day cure period. 17. All coping cap, edge metal, counterflashings, and metal trim to be replaced with new .040 aluminum with a factory Kynar finish. 18. Once roofs are complete; cured,,for 30 days, and inspected, power wash roof and allow to dry. Coat entire roof and base flashings with 3 gallons per square of Title 24 Pyramic coating. 2 coats at 1.5 gallons per square per coat, back roll each coat, total of 3 gallons per square. 19. Install new Dura-Biock,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 manufacturer's hardware. Letner Roofing Co. $ 189,163 Commercial, Roofing Systems, Inc., $ 209,323 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. Proposal pricing valid 60 days from proposal date listed above. Page 2 of C larifications/Excl us ions: 1. Use taxes are included. 2. Permits are included. 3. Bonds are included. 4. Plumbing, Mechanical, Electrical work is excluded. 5. Masonry work is excluded. 6. Interior Temporary protection is excluded. 7. Prevailing Wages are included. 8. Any work not exclusively described in the above proposal scope of work is excluded. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, .Steve Ro)¢ Steve Rojek Garland/DBS, Inc. (216)430-3613 Page 3 of 3