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11/02/2021 - AGENDA ITEM 6 - FIRE STATION ROOFING IMPROVEMENTSAGENDA ITEM NO. 6 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: November 2, 2021 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: FIRE STATION ROOFING IMPROVEMENTS RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Authorize the City Manager to negotiate and execute a Construction Services Agreement with San Marino Roof Co., Inc. for $126,832.00, in substantially the form as attached and in such final form as approved by the City Attorney; 2. Authorize 20% of the awarded contract amount, totaling $25,366, as contingency allowance to be used, if necessary, at the City Manager's discretion, for unforeseen conditions; and 3. Authorize the City Manager to execute any amendments to the agreement. In January 2021, the City Council approved a budget amendment for various capital improvements at Fire Stations. As part of this budget amendment, one of the capital improvement projects is roofing repairs/replacement at Fire Stations 2 & 4. Earlier this year, the City retained National Roofing Consultants of Pomona, CA to inspect the roofs at Fire Stations 2 & 4 and to develop plans and specifications to repair/replace the roofs as needed. It was determined the best long-term strategy is to overlay the existing flat roof at Station 2 and to remove and replace the existing flat roof at Station 4. The existing tile roofs at both stations were deemed to not need any work except for minor repairs at Station 4. National Roofing Consultants also is providing construction inspection services. DISCUSSION: On September 9, 2021, staff advertised the construction bid package. The following six (6) bids were received by the City at the bid opening held on August 19, 2021, at 11:00 a.m. Contractor Name Total Bid Amount San Marino Roof Co., Inc. $126,832.00 ERC Roofing $136,050.00 Letner Roofing $139,000.00 AME Builders, Inc. $139,410.00 Contractor Name Total Bid Amount 4 Seasons Roofing, Inc. $139,855.00 Adco Roofing Inc. $156,173.00 Lowest Responsive Bid The lowest responsive bid was submitted by San Marino Roof Co., Inc. in the amount of $126,832.00. Staff conducted a bid analysis including checking references, California Contractor Licensing, Department of Industrial Relations registration, and State and Federal debarment list review for the apparent low bidder, San Marino Roof Co., Inc. The draft agreement to be executed with San Marino Roof Co., Inc. is included as Attachment No. 1. San Marino Roof Co., Inc.'s bid is included as Attachment No. 2. Budget The following is the breakdown of the project budget: Construction Contract $126,832.00 Contingency Budget 20% $25,366.00 TOTAL CONSTRUCTION BUDGET Project Design and Inspection - National Roofing Consultants $152,198.00 $21,950.00 TOTAL PROJECT BUDGET $174,148.00 LEGAL REVIEW: The City Attorney's Office will review and approve the agreement as to form prior to execution. ENVIRONMENTAL REVIEW: The proposed project is a project subject to CEQA. Staff has reviewed the proposed project and has determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Sections(s)l5302: Replacement or reconstruction; (c) Replacement or reconstruction of existing utility and/or facilities involving negligible or no expansion of capacity. Prepared by: Sherri Yuasa, Sr. Administrative Assistant Fiscal Impact FISCAL IMPACT: There is no new General Fund burden as funds for Fire Station Improvements were allocated in Fiscal Year 20-21 budget. The funds available for this project are as follows: Project No.I Funds I Account No. Amount 22010 11 Fire Station Repairs 179.80.7003.7900 $174,148.00 Attachments Attachment No. 1 - Agreement with San Marino Roof Co., Inc. Attachment No. 2 - San Marino Roof Bid CITY Maintain and Enhance City Facilities and Infrastructure COUNCIL Protect Public Safety GOALS & OBJECTIVES: ATTACHMENT NO.1 CITY OF WEST COVINA CONSTRUCTION SERVICES AGREEMENT FOR PROJECT NO. 22010 FIRE BUILDING IMPROVEMENTS — STATIONS 2 & 4 ROOFING THIS CONSTRUCTION SERVICES AGREEMENT (herein "Agreement'), is made and entered into this 2nd day of November, 2021("Effective Date') by and between the CITY OF WEST COVINA, a municipal corporation (herein "Ciy), and SAN MARINO ROOF COMPANY, INC., a California corporation (herein "Contractor'). RECITALS A. City requires construction services for the Fire Building Improvernents — Stations 2 & 4 Roofing Project, Project No. 22010 ("Project'), that meet the requirements as shown in the project specifications and this Agreement. B. Contractor has submitted a bid to perform the construction services for the Project and has represented to City that Contractor is qualified to perform said services. C. City and Contractor desire to enter into this Agreement for the Project on the term and conditions set forth herein. NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. Incompliance with all terms and conditions of this Agreement, the Contractor shall provide all work described in the Contract Documents, as farther described herein, which services may be referred to herein as the "services" or"work". work". As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality and fit for the purpose intended. 1.2 Documents Included in Contract. The complete Agreement consists of (a) This Agreement; (b) Notice to Contractors and Instructions to Bidders, Bid Documents and Contract Documents for the Project, advertised as ProjectNo. 21034 (collectively, `Bid Documents'), incorporated by this reference as if fully set forth herein; (c) Contractor's Proposal, attached hereto as Exhibit A and incorporated herein; (d) Certificates of Insurance, attached hereto as Exhibit B and incorporated herein; (e) Bonds, attached hereto as Exhibit C and incorporated herein; (fl The Standard Specifications and Standard Specifications for Public Works Project No. 22010 Construction, as detailed in Section 19-1 of the West Covina Municipal Code, incorporated by this reference as if fully set forth herein; and (g) All exhibits and attachments to the foregoing documents. The documents comprising the complete Agreement may be referred to in this Agreement as the "Contract Documents." In the event of an inconsistency between any ofthe terms in this Agreement and any of the documents referenced above, this Agreement shall govern 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time the work is performed. 1.4 Licenses, Permits, Fees, and Assessments. Contractorshall obtain at its sole costand expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including a business license from the City. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all subcontractors' compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of this Agreement to fiunish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own active negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Contractor shall require all subcontractors to comply with the provisions of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra 2 Rev.10-2021 Project No. 22010 work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (1) the Contract Sum, and/or (n) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. All change orders are subject to the requirements of West Covina Municipal Code Section 19-302. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. 1.9 Prevailing Wage Requirements. (a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations ("Prevailing Wage Laws'), which require the payment of prevailing wage rates and the performance of other requirements on `public works" and "maintenance" projects. This Project is a `public works" project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any famlrre or alleged failure to comply with the Prevailing Wage Laws. (b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s). (c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall con -ply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor's or any subcontractor's employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate ofpay. Contractor shall forfeit as a penalty to City Twenty -Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code. (d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5. (e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security 3 Rev.10-2021 Project No. 22010 number, work classification straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this Project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. (i) ReWstration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of One Hundred Twenty -Six Thousand Eight Hundred Thirty -Two Dollars ($126,832.00)(herein "Contract Sum'), except as provided in Section 1.8 (Additional Services). The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the Contract Sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made within thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the work under the Agreement during the month covered by said statement. The remaining five percent (5%) of the Contract Sum shall be retained as perfortrance security as detailed in Section 2.3 (Retention of Funds). 2.3 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 2.2 (Progress Payments) of this Agreement. In accordance with said section, City will retain five percent (5%) of the Contract Sum apportionment from each progress payment as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor furnishes City with a release of all undisputed contract amounts if required by City. If there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds as authorized by Public Contract Code Section 7107 of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder. To the extent consistent with Public Contract Code Section 22300, Contractor may request and City shall make payment of retentions earned directly to an escrow agent at the expense of Contractor, and may direct the investment of the payments into securities and Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code Section 22300 for securities deposited by Contractor. Upon satisfactory completion of this Agreement, Contractor shall receive from the 4 Rev.10-2021 Project No. 22010 escrow agent all securities, interest, and payments received by the escrow agent from the City. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall complete all services within ten (10) working days for the work at Fire Station 2, and within fifteen (15) working days for the work at Fire Station 4. Contractor shall submit for the Contract Officer's approval its proposed Construction Schedule. Contractor shall perform the services in accordance with the approved Construction Schedule. When requested by the Contractor, extensions to the time period(s) specified in the Construction Schedule may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period(s) specified in the Construction Schedule for performance of the services rendered pursuant to this Agreement shall be extended to the extent caused by delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency other than the City, if the Contractor within ten (10) days of the commencement of such delay notifies the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Contractor shall not be entitled to any damages or increase in compensation due to force majeure. 3.4 Term Unless earlier terminated as set forth herein, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the City. CAI=K�Z� ' t I `EN 0 WOLO 1113-aN 4.1 Representative of Contractor. The following principals) of Contractor are hereby designated as being the principal(s) and representative(s) of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Gregory A. Banks, President It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal(s) were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal(s) shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principal(s) may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager or City Engineer of City. The Contractor shall keep the Contract Officer informed 5 Rev.10-2021 Project No. 22010 of Contractor's progress on the services. The Contractor shall refer any decisions which mast be made by City to the Contract Officer. Unless otherwise specified herein or in the City's Municipal Code, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required by this Agreement, to the extent permitted by the City's Municipal Code. 4.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shad release the Contractor or any surety of Contractor of any liability hereunder without the City's express consent. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation orhours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor. 4.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 Utility Relocation. City, and not Contractor, is responsible for removal, relocation, or protection of existing main or trunkfine utilities but only to the extent such utilities were not identified in the invitation for bids or specifications. Where the specifications call for the Contractor to remove, relocate, reconstruct or protect such lines, all such work shall be deemed included in the Contract Sum Contractor having been presented with a reasonable basis to suspect that any previously unidentified main or tnankline may need to be removed, relocated or protected in place, Contractor shall immediately notify City and the affected utility company in writing of such belief and the basis therefor, and Contractor shall thereafter work with the City and the utility company to coordinate such removal, relocation or protection. City shall reimburse Contractor for its reasonable costs incurred in locating and repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed 6 Rev.10-2021 Project No. 22010 liquidated damages for delays which meet both of the following requirements: (1) the delays occurred after Contractor gave City the written notice required by this Section; and (n) the delays were caused by the removal, protection, or relocation of such unidentified utility facilities. Nothing herein shall be deemed to prevent the City from seeking reimbursement of any such costs from the affected utility company. 4.7 Trenches or Excavations. Pursuant to Public Contract Code Section 7104, if the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contractor shall promptly, and before the fallowing conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal she in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the she different from those indicated; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of or the time required for, performauce of any part of the work, shall issue a change order per Section 1.8 (Additional Services) of this Agreement. (c) If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 4.8 Best Management Practices. Contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non- stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. Contractor shall certify it has received all applicable training to implement the requirements in Municipal NPDES Pennit No. CAS004004 and shall provide documentation to that effect. 5.0 INSURANCE 5.1 Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, with a current A.M. Best's rating of no less than A:VII, and approved by City: 7 Rev.10-2021 Project No. 22010 (a) Broad -forth commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per accident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do Likewise under their workers' compensation assurance policies. By execution of this Agreement, the Contractor certifies as follows: I am aware of and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self- insurance before commencing any of the work. The Contractor shall also cornp y with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall fitmish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section. (d) Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions. The Builder's Risk coverage shall name the City as a loss payee. If the Project does not involve new or major construction, City may, in its discretion, permit an Installation Floater. If authorized, a Property Installation Floater shall be obtained that provides for the improvement, rermdel, modification, alteration, conversion, or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken or destroyed during the performance of the work, including during transit, installation, and testing at the project site. If the Contractor maintains higher ]units or has broader coverage than the minimums shown 8 Rev.10-2021 Project No. 22010 above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum knots of insurance and coverage shall be available to the City. 5.2 Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Contractor's insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy. (d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractormay acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: The 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. 5.3 Deductible or Self Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 5.4 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content 9 Rev.10-2021 Project No. 22010 approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 5.5 Non -limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement or the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of the work covered under this Agreement. 5.6 Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that the City is listed as an additional insured on insurance required of subcontractors. 5.7 Sufficiency of Insurers. Insurance required by this Agreement shall be satisfactory only if issued by companies authorized to do business in California, rated with a current A.M. Best's rating of no less than A:VII unless such requirements are waived by the City's Risk Manager in writing due to unique circumstances. If the City's Risk Manager determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Risk Manager may increase the minimum limits of the insurance policies required by this Section by providing written notice to Contractor; provided that the Contractor may appeal such determination to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. 6.0 BONDS 6.1 Labor and Materials, Performance and Warranty Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City: (1) a labor and materials bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the payment of all persons finrishing labor or materials in connection with the work, (2) aperformance bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the faithful performance of this Agreement and (3) a warranty bond in an amount equal to fifty percent (50%) of the Contract Sum to guarantee the work for a period of one (1) year following completion of the work, on the forms provided by the City. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be released or exonerated only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 6.2 Sufficiency of Sureties. Sureties must be authorized to issue bonds in California. In addition, sureties must possess a minimum rating from A. M. Best Company of A:VII and must be listed as an acceptable surety on federal bonds by the United States Department of the Treasury, httpJ/www.fins.treas.gov/c570/c570.litml, subject to the maximum amount shown in the listing. If co - sureties are used, their bonds mast be on a joint and several basis. 6.3 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the Agreement for the work to be performed will be permitted at the request and expense of Contractor. 10 Rev.10-2021 Project No. 22010 7.0 INDEMNIFICATION Contractor agrees to defend (with legal counsel of City's choosing), indernr*, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained in any other document, which shall be of no force and effect. (a) Contractor will defend any action or actions Sled in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors', or invitees') negligent performance of or Suture to perform such work, operations or activities hereunder, and Contractor agrees to save and hold the City, its officers, agents, and employees hamiless therefrom. (c) If the City, its officers, agents or employees is/are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claim arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City. (d) Contractor's duty to defend and indemnify as set forth herein shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA'), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA'), Resource Conservation and Recovery Act of 1976 ("RCRA'), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air 11 Rev.10-2021 Project No. 22010 Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time. Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification in favor of City from all subcontractors. 8.0 RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer may require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto. 8.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as may be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during nominal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its fill rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom 9.0 ENFORCEMENT OF AGREEMENT; TERMINATION 9.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Corot of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 12 Rev.10-2021 Project No. 22010 9.2 Notice of Default and Cure Period. If either party fails to perform its obligations hereunder, the nondefiulting party may provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, provided the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided farther that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefauking party may have at law or in equity, to terminate this Agreement, and/or to call upon any completion or payment bond or other security for perfomiance thereof Compliance with the provisions of this Section shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any parry's right to take legal action in the event that the dispute is not cured. 9.3 Termination for Default of Contractor. If termination is due to the failure of the Contractor to Ufill its obligations under this Agreement, Contractor shall vacate arry City owned property which Contractor is permitted to occupy hereunder and City may, upon termination, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City aspreviously stated. 9.4 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving Contractor thirty (30) days prior written notice of termination of the Agreement. Upon receipt of the notice of termination, the Contractor shall cease all farther work pursuant to the Agreement. Upon such termination by the City, the Contractor shall not be entitled to any other remedies, clams, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination, Contractor shall be entitled to the following compensation: (a) The contract value of the work completed through and including the date of receipt of the notice of termination, less the amount of progress payments received by Contractor. (b) Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on -site construction office for supervising the move -off (c) The cost of materials custom-made for this Agreement which the Contractor cannot use in its normal course of business, and for which the City has not already paid. (d) Any costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement. 13 Rev.10-2021 Project No. 22010 The provisions of this Section shall supersede any inconsistent provisions of the Agreement or the Bid Documents. City and Contractor agree that the provisions of this Section are a substantive part of this Agreement's consideration. 9.5 "Claims" by Contractor under Section 9204. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall be subject to all requirements of Public Contract Code Section 9204 ("Section 9204') as it may be amended from time to time. The parties acknowledge that Section 9204 applies to certain requests by Contractor, such as certain requests for time extensions, certain requests for payments not covered by contract, and certain requests for payments of amounts disputed by City. The parties further acknowledge that Section 9204 establishes all of the following: (i) Contractor may submit a "claim" to the City, as that term is defined in Section 9204; (n) City has an initial 45 days to review and respond to the claim to state "Svhat portion of the claim is disputed and what portion is undisputed". If the City does not issue a written statement, the claim is deemed rejected in its entirety; (1) Contractor must furnish reasonable documentation to support the claim; (iv) City has 60 days from its written determination to pay any undisputed amount; and (v) specified procedures apply to resolve any amounts in dispute. 9.6 Waiver. No delay or omission in the exercise of any right or remedy by a nondefauking party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be considered a waiver of any other default concerning the same or any other provision of this Agreement. 9.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.8 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief or to obtain any other remedy consistent with the purposes of this Agreement. 9.9 Liquidated Damages. Contractor agrees that failure to complete work within the time allowed herein will result in damages being sustained by the City. Contractor Ruther agrees that the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement. Therefore, Contractor agrees that it and its sureties shall be liable for and shall pay to the City liquidated damages in the amount of Five Hundred Dollars ($500.00) for each calendar day of delay in the perfomuance of any service required hereunder. Contractor further agrees that liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the Scope of Services. The City may withhold from any amounts payable on account of services performed by the Contractor any accrued liquidated damages. Contractor, on behalf of itself and its sureties, and City agree that the liquidated damages constitute a reasonable estimate of actual damages, and are not punitive. 14 Rev.10-2021 Project No. 22010 10.0 CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION 10.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. The Contractor warrants that i has not paid or given and w171 not pay or give any third party any money or other consideration for obtaining this Agreement. 10.3 Covenant Against Discrimination. Contractor covenants that, by and for itself its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, gender, gender expression, marital status, national origin, disability, pregnancy, sexual orientation or ancestry in the performance of this Agreement. To the extent required by law, Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, gender expression, marital status, national origin, disability, pregnancy, sexual orientation or ancestry. 11.0 MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows: To City: City of West Covina 1444 West Garvey Avenue South West Covina, California 91790 Attn: City Engineer To Contractor: San Marino Roof Company, Incorporated 2187 N. Batavia Street Orange CA 92865 Attn: Gregory A. Banks, President 11.2 Interpretation. The terns of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which night otherwise apply. 11.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 15 Rev.10-2021 Project No. 22010 11.4 Severability. If one or more of the words, phrases, sentences, clauses, paragraphs, or sections in this Agreement is declared unenforceable by a court of competent jurisdiction, such unenforceabllity shall not affect any of the remaining words, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are severable. Remaining enforceable provisions shall be interpreted to carry out the intent of the parties unless an invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 11.5 Hiring of Undocumented Aliens Prohibited. Contractor shall not hire, employ, or allow any person to work under this Agreement unless such person is properly documented and may legally work within the United States. 11.6 Unfair Business Practices Claims. Consistent with Public Contract Code Section 7103.5, Contractor, on behalf of itself and all subcontractors, offers and agrees to assign to the City all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) and under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to this Agreement. This assignment becomes effective when the City renders final payment to the Contractor without further acknowledgment by the parties. 11.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that () such party is duly organized and existing, (it) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 11.8 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any mariner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, assigns nor employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this Section. 11.9 Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures. [SIGNATURE PAGE FOLLOWS.] 16 Rev.10-2021 Project No. 22010 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above. CITY OF WEST COVINA, A municipal corporation Date David Cannany City Manager CONTRACTOR Date Gregory A. Banks President ATTEST: Lisa Sherrick Assistant City Clerk APPROVED AS TO FORM: Date: Thomas P. Duarte City Attorney APPROVED AS TO INSURANCE: Date: Helen Tran Risk Management IMI . CONTRACTOR'S PROPOSAL CERTIFICATES OF INSURANCE EXHIBIT C BONDS ATTACHMENT NO.2 Project No.: 21034' III. BID DOCUMENTS Document Contfol Page 16 of 160 BID DOCUMENTS 111-1 Document Control Page 17 of 160 Project No.: 21034' III. BID DOCUMENTS PROPOSAL PROJECT NO.: 21034 Fire Building Improvements - Stations 2 & 4 Roofing TO: City Clerk City of West Covina Califomia Dear Madam: We have carefully examined the sites, local conditions affecting the same, the Instructions to Bidders and Notice to Contractors, the agreement, the detailed plans and specifications and all bid and contract documents for the work set forth in the official publications, and submit herewith the following schedule of prices. If awarded the contract, we agree to begin work within ten (10) working days after receiving notice to proceed and to complete proposed work within the time period as stated in the Section I. Notice to Contractors, 7.Schedule of Work" We further agree to sign and return the contract to the City within ten (10) working days after receiving notice that the contract is ready for signature and to furnish bonds, insurance endorsements and certificates, and any other required documents in the form prescribed by the City at the same time. The undersigned furthermore agrees that in case of default in executing such contract with necessary bonds within the specified time, the cash, check or bond accompanying this bid and the money payable thereon shall be forfeited hereby to and remain the property of the City of West Covina, except as provided in Public Contract Code Section 20174. The undersigned has carefully checked all of the figures and understands that the City of West Covina will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Contractor shall use City supplied bond forms only. BID DOCUMENTS III-2 PROPOSALSCHEDULE PROJECT NO.: 21034 Fire Building Improvements - Stations 2 & 4 Bid Description Qty Unit Unit Cost Total Cost Item 1 Fire Station 2 Roofing 1 L.S. $39,295.00 $ 39,295.00 2 Station 2 - Plywood Underlayment Removal & 100 S.F. $ 3.75 $ 375.00 Replacement 3 Station 2 - polyiso cricket installation 100 S.F. $ 0.60 $ 60.00 4 Fire Station 4 Demolition and Roofing 1 L.S. $ 86,667.00 $ 86,667.00 5 Station 4 - Plywood Underlayment Removal & 100 S.F. $ 3.75 $ 375.00 Replacement 6 Station 4 - polyiso cricket installation 100 S.F. $ 0.60 $ 60.00 TOTAL BID AMOUNT IN NUMBERS $ 126,832.00 TOTAL BID AMOUNT IN WORDS: One Hundred Twenty Six Thousand Eight Hundred Two Dollars Document Control Page 19 of 160 Project No.: 21034' The award of Contract shall be based on the TOTAL BID AMOUNT. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures. Full compensation for the items listed to the right A. Mobilization / Demobilization as Items A, B, C, D and E are considered as B. Traffic Control C. NPDES, WWECP, and Best Management inclusive in each Bid Item listed above in the Base Bid Schedule as applicable, and additional Practices BMPs), Public Convenience and Safety and/or separate compensation will be allowed. Construction Staking b Land Surveyor E. E. Clearing and Grubbing The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. BID DOCUMENTS I114 Document Control Page 20 of 160 Project No.: 21034' EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that he/she has carefully read and examined the project plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project. Name of Person who inspected the site: Date of Inspection: ADDENDA ACKNOWLEDGMENT Andy Tovey, Project Manager September 21, 2021 The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. 1 Dated 9/30/2021 Addendum Addendum Addendum No. Dated BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" BID DOCUMENTS III-5 Document Control Page 21 of 160 Project No.: 21034' SUB -CONTRACTOR LIST We propose to use the following listed sub -contractors as per Public Contract Code Section 4100 et seq.: Sub -Contractors Name: Address: ALLIANCE CONTRACTING SERVICES INC 29334 PACIFIC ST., HAYWARD, CA 94544 Description of Work: ROOF DEMO Phone No. Contractor's License # DIR # Dollar Amount 510-264-9900 948348 1000002516 $11,800.00 Sub -Contractors Name: Address: P G C CONSTRUCTION INC 27475 YNEZ RD #111, TEMECULA, CA 925 Description of Work: SHEET METAL Phone No. Contractor's License # DIR # Dollar Amount (951) 545-1234 829086 1000036314 $10,000.00 Sub -Contractors Name: Address: Description of Work: Phone No. Contractor's License # DIR # Dollar Amount Sub -Contractors Name: Address: Description of Work: Phone No. Contractor's License # DIR # Dollar Amount Percent of work to be performed by sub -contractors: 17 (Note: 50% of work required to be performed by general contractor) For additional Sub -Contractors, add separate sheets BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "Ill. BID DOCUMENTS" BID DOCUMENTS III-6 Document Control Page 22 of 160 Project No.: 21034' BIDDERS GUARANTEE Enclosed is Cash ( ), Cashier's Check ( ), Certified Check ( ), or Bid Bond (X), in the sum of $ TEN PERCENT is at least 10% of the amount bid. Contractor: San Marino Roof Co., Inc. Address: 2187 N. Batavia Street Orange, CA 92865 Fax Number: 714-282-1137 Telephone Number: 714-974-3070 Email Address: atovey@sanmarinoroof.com By: Signature of ontractor Gregory A. Banks, President Title State of California Contractor's License: Classification: C39 License No: 249559 Expiration:07/31/2022 DIR Registration No: 1000001914 BID DOCUMENTS III-7 Document Control Page 23 of 160 Project No.: 21034' REFERENCES FOR WORK PER BID SCHEDULE Fire Building Improvements - Stations 2 & 4 Roofing Date: October 5, 2021 The following are the names, addresses and phone numbers/ email addresses for three public agencies for which Bidder has performed similar work within the past two years 2. 3. City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 Name and address of Public Agency Name and Telephone No. of Project Manager Kathryne Cho, Project Manager / 949-644-3014 $535,000.00 City Yard Re -Roofing Project. July 10, 2020 Contract Amount Type of Work Date Completed City of San Bernardino 201 North "E" Street, San Bernardino, CA 92401 Name and address of Public Agency Name and Telephone No. of Project Manager Karen Castro, Engineering / 909-384-5174 $292,683.00 California Theater Roofing May 8, 2020 Contract Amount Type of Work Date Completed of Ontario 303 East B Street, Ontario, CA 91764 Name and address of Public Agency Name and Telephone No. of Project Manager John Herrera, Dir. Of Public Works / 909-395-2684 $348,380.00 City Facility Roof Replacements June 25, 2020 Contract Amount Type of Work Date Completed If additional space is needed, please duplicate this sheet; do not write on the back. BID DOCUMENTS III-8 Document Control Page 24 of 160 Project No.: 21034 KNOW ALL MEN BY THESE PRESENTS: Bond No. CSBA-18842 Bid Bond Page 1 of 2 (Use of City bond form is required) WHEREAS, San Marino Roof Co., Inc. , (hereinafter referred to as "Contractor") intends to submit a bid to the City of West Covina, California, a Municipal Corporation, for the performance of certain work as required in the City of West Covina Project No. 21034 said work being: Fire Building Improvements - Stations 2 & 4 Roofing as shown in this specification on the Plan No. 21034 , and in compliance with the specifications therefore under an invitation of said City contained in a notice or advertisement for bids or proposals. NOW, THEREFORE, we, the Contractor, as Principal, and The Ohio Casualty Insurance Company a corporation organized and existing under the laws of the State of New Hampshire , duly authorized to transact business under the laws of the State of California as Surety, are held and firmly bound unto the City of West Covina, as Obligee, in the sum of Ten Percent of the Amount Bid Dollars ($10% ) lawful money of the United States of America, said sum being not less than ten percent (10%) of the bid amount for the payment of which sum well and truly to be made, the said Principal, and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: If the bid of the said Principal is rejected by the said Obligee; or if the said Obligee shall accept the bid of the said Principal and said Principal shall enter into an Agreement with said Obligee in accordance with the terms of the bid, and shall give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Agreement and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of said Principal to enter such Agreement and give such bond or bonds, if said Principal shall pay to said Obligee the difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which said Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. In case suit is brought upon this bond, the court shall fix and award and the surety shall pay, in addition to the face amount hereof, costs and reasonable attorney's fees incurred by the City of West Covina in successfully enforcing said obligation. IN WITNESS THEREOF, we have hereunto, set our hands and seals this 1 st day of October , 2021 Principal San Marino Roof Co., Inc. By Title Gregory A. Banks, President BID DOCUMENTS 111-9 Document Control Page 25 of 160 Project No.: 21034 Bid Bond Page 2 of 2 (Use of City bond form is required) Surety The Ohio Casualty Insurance Company By �� --- Title Attorney -in -Fact Dwight Reilly I declare under penalty of perjury under the laws of the State of California that the contents of the above Bid Bond are true and correct, and that I have been duly authorized to sign this Bid Bond on behalf of Surety. This Declaration is signed on 20, in the City of , State of California. I' mm STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this day of , 20, before me, a Notary Public, personally appeared , personally known to me (or proved to me) on the basis of satisfactory evidence to be the person(s) whose names is/are subscribed to this instrument, and acknowledge to me that he/she/they executed the same in his/her/their authorized capacities, and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State -- AND — (Proof of signature authorization or power of attorney must be attached) APPROVED AS TO FORM: /s/Thomas P. Duarte City Attorney BID DOCUMENTS 111-10 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On N UH 1202-1 before me, A. Santiago, Notary Public (insert name and title of the officer) personally appeared Gregory A. Banks who proved to me on the basis of satisfactory evidence to be the person(,$) whose name(,) is/aft subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his4terftheir authorized capacity0c7u), and that by his/4e4th& signature() on the instrument the person($), or the entity upon behalf of which the person(,$) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) A. SANTIAGO COMM. #2345585 z � y� Notary Public. California o z ''b Orange County M Comm. Expires Feb. 7, 2025 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 10/01/2021 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herttheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. >� mEussaAnNh •.� I( WITNESS my hand and official seal. ��r„ comm.azzai M j ,. ���Nii.ry Public C��do ,ua ,�� \k, �h wmm. Fq s M ] .2, 2022 xm.Fi�-�'�.: Signatu�� CV',O (Seal) Melissa Ann Vaccaro oLiberty Mutual, SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein staled. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Bond No. CSBA-18842 Certificate No: 8205094-969561 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectivelycalled the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, .Arturo all of the city of Orange state of CA each individually if there be more (han one named, its true and lawful attorney -in -lad to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its ad and deed, any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th dayol March , 2021 . 0(80 Y INSOd 1NSUqJ�o"vweq�eR4,f0a y3�owoa^relrM1l mP1919 s 1991 � s� ro� S adore +LrYS !�wrxP via ^'NJ a F� a`M • t•� of PENNSYLVANIA rofMONTGOMERY ss Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company On this 25th day of March , 2021 before me personally appeared David M. Carey, who acknowledged himself to be he Assistant Secretary of Liberty Mutual Insurance Company, fhe hio Casuall�pany, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes' therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. 9P PAgT Cpm.nwea6nIXPeilii lwna-Nmc S. F p �i C9 T¢fE%Pfl51e1d. NCD t' K is : e mCou+ty /Ltd-7LUa� My Commission exyres At2o25 112604gy; e CemmsB,on namoer 12uWd Niels y �n_.w,: IVPd�� I�enYr°. POfnBi�dn,1T18M,iPM Ot NmdrR9 Tenc �4NY Px� This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer a other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or he President may prescribe, shall appoint such allomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such a0orneys-in-fad, subject to the limitations set forth in their respective powers of aflomery, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any fime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in welting by the chairman a the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneysin- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recugnizances and other surety obligations. Authorization —By unanimous consent of the Coral Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of(he Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies (his 1st day of October , 2021 0(se Y IN3vqP 1NSUrp4Pcpv`eoryx ZL4P `OMon�rBYOa "on�,: eOm1919 �s 1991 �" y�l.�r� f P4 Od ;BY: h*^*°'FNdfia Ys� °�"*ids Renee Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi CD 02/21 Document Control Page 26 of 160 Project No.: 2I034 STATEMENT OF NON -COLLUSION BY CONTRACTOR Page 1 of 2 The undersigned who submits herewith to the City of West Covina a bid or proposal does hereby certify: 1. That all statements of fact in such bid or proposal are true; 2. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; 3. That such bid or proposal is genuine and not collusive or sham; 4. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of West Covina or of any other bidder or anyone else interested in the proposed procurement; 5. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal; 6. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of West Covina, or to any person or persons who have a partnership or their financial interest with said bidder in his business. 8. Did not provide, directly or indirectly to any officer or employee of the City of West Covina any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. 9. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of West Covina either currently or within the last two (2) years. BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" BID DOCUMENTS 111-11 Document Control Page 27 of 160 Project No.: 21034 Page 2 of 2 10. That no officer or principal of the undersigned firm nor any sub -contractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years. I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed: 2187 N. Batavia St., Orange, October 1, 2021 at California. Firm San Marino Roof Co.. Inc. Street 2187 N. Batavia Street City Orange State CA Zip 92865 APPROVED AS TO FORM: /s/Thomas P. Duarte City Attorney Signature Gregory A. Banks Name President Title BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" BID DOCUMENTS 111-12 Document Control Page 28 of 160 Project No.: 21034 CERTIFICATION OF PRINCIPAL Page 1 of 1 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. (Section 1861, Labor Code.) DATED: October 1, 2021 6r- Qom/ Signature of Principal Gregory A. Banks, President San Marino Roof Co., Inc. APPROVED AS TO FORM: /s/Thomas P. Duarte City Attorney BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" BID DOCUMENTS III-13 Document Control Page 29 of 160 Project No.: 21034 AGREEMENT FOR INDEMNIFICATION BY CONTRACTOR/VENDOR The City of West Covina requires contractors and suppliers of service to the City to indemnify and hold the City of West Covina harmless for claims or losses arising from or in connection with the contracting party's work for the City of West Covina before a purchase order is issued. To eliminate misunderstandings between contracting parties and the City in case of a claim or lawsuit, the City of West Covina requires that contracting parties who perform services for the City sign this Agreement. This Agreement will act as and become a part of each contract/purchase order between the City of West Covina and the contracting parties signing the Agreement. In consideration of the opportunity of doing work for the City of West Covina and benefits to be received thereby, the contracting party agrees as follows: That where a contract, purchase order or confirming order is issued by the City of West Covina awarding a contract, this Agreement is to be considered part of that contract. 2. Contractor agrees to indemnify the City of West Covina and any officer, employee or agent, and hold the City of West Covina and any officer, employee or agent thereof harmless from any and all claims, liabilities, obligations and causes of action of whatsoever kind or nature for injury to, or death of, any person (including officers, employees and agents of the City of West Covina), resulting from any and all actions or omissions of contractor or contractor's employees, agents or invitees, or any subcontractor of contractor or any of such subcontractor's employees, agents or invitees. That the contracting party specifically waives the benefits and protection of Labor Code Section 3864 which provides, "If an action as provided in this chapter is prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person or settlement by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in the absence of a written agreement so to be executed prior to the injury." This waiver will occur as to any contracts awarded by the City of West Covina to the contracting party to this Agreement while this Agreement is in force. 4. That this Agreement has been signed by an authorized representative of the contracting party, and such representative has the authority to bind the contractor/vendor to all terms and conditions of this Agreement. 5. That this Agreement shall be binding upon the successors and assignees of the contracting party to any contract with the City of West Covina. As a condition precedent to acceptance, and contracts from the City of West Covina and contracting party agree to advise its successors or assignees of this Agreement and to obtain their consent to its writing before the work of the representative successor or assignees begin; such assignment shall be effective with the written consent of the City of West Covina. BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "Ill. BID DOCUMENTS" BID DOCUMENTS III-14 Document Control Page 30 of 160 Project No.: 21034 6. To promptly notify the City of West Covina of any change in ownership of the contracting party while this Agreement is in force. In the event that this Agreement, contract, or purchase order is entered into with the West Covina Community Development Commission, wherever the term "City of West Covina" is indicated, it shall also be applicable to the West Covina Community Development Commission. This Agreement cannot be modified or changed without the express written consent of the City Attorney of the City of West Covina. On behalf of San Marino Roof Co.. Inc. (Name of ContractorNendor) 2187 N. Batavia Street, Orange, CA 92865 (Address) I agree to the terms of this Agreement. Signature Gl-tea ),-. • V/f� Tide Gregory A. Banks, President BID DOCUMENTS 111-15 A Division of Sika Corp World Class Roofing and Waterproofing SAN MARINO ROOF CO. 2187 N. Batavia St. Orange, CA 92865 Attn: Mr. Andy Tovey Re: Submittals Project(s): West Covina Fire Stations #2 & #4 2441 Cortez St. & 1815 S. Azusa Ave. Mr. Tovey: Thank you for your support on this project. We have received Section 075419 of the specification for the project. This letter is not intended to be a formal specification review; it serves to meet the submittal requirements of the specification. As I understand it, the roofing assembly for each location is: Fire Station #2 Existing cap sheet built up roof system Cover Board: 1/4" x 4-Ft. x 8-Ft. Boards (Mechanically attached) Sarnafil 60 Mil S327 Feltback Membrane (Mechanically attached) Fire Station #4 Tear off existing roof down to plywood deck Cover Board: ''/:" x 4-Ft. x 8-Ft. Boards (Mechanically attached) Sarnafil 60 Mil S327 Membrane ( Mechanically attached) If you have any questions, or need additional information, please feel free to contact me at any time. Respectfully, Jeffrey Jones SIKA SARNAFIL Sika Sarnafil, i %%Fuclid Avenue, Chino, CA 91730 Tel.: 1-B00421-1662, wnuw.sikacorp.com Sarnafil Samafil BUILDING TRUST Date: September 29, 2021 Subject: San Marino Roof Company, Inc. 2187 North Batavia Orange, CA 92865 Re: Approved Applicator Status - 2021 Project: West Covina Fire Stations #2 & #4 Dear Sir/Madam: This letter serves as certification that the above -listed company has been an approved applicator of Sarnafil roofing systems in good standing since 2008 and qualifies for available roofing warranties offered by Sika Corporation - Roofing. If you have any questions, please contact our office. Respectfully, J��i-e� Jaen Jeffrey Jones RRI — Sika Corporation - Roofing (818) 585-0098 Jeffrey. J(a)rrius.com SIKA CORPORATION • ROOFING 6590 Darin Way - Cypress, CA 90630 Tel:714-898-9355 Fax:714-898-9357 usa.sarnafil.sika.com SANMARI-01 BCAMPBELL ,acoRO' CERTIFICATE OF LIABILITY INSURANCE DATDIYYVYI 61291229/2021 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER License # OM70471 CONTACT NAME: jnlcONE Eall: (949) 263.8850 FAX No1:(949) 263-8860 Orion Risk Management Insurance Services, An Alera Group Insurance Agency, LLC 1800 Quail Street Suite 110 Newport Beach, N 92660 E+eplL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A: National Fire Insurance Company of Hartford 20478 INSURED INSURER B: The Continental Insurance Company 35289 INSURER c: Redwood Fire and Casualty Insurance Company 11673 San Marino Roof Co., Inc. INSURER D: 2187 N. Batavia Street Orange, CA 92865 INSURER E NSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. INSR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER POLICY EFF POLICY EXP YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 7015077872 7/1/2021 7/1/2022 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED c el PREMISES .MED 5 50,000 EXP(Any one presan) 5 PERSONAL B ADV INJU RV 5 1,000,000 GEN'L AGGft E LIMIT APPLIES PER'. POLICY JPEeT LOC OTHER GENERAL AGO RELATE S 2,000,000 PRODUCTS - COMPIOP ADD S 2,000,000 POLICY AGGREGAT s 10,000,000 B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS p AURTOS ONLY AUTOS ONO 7015086314 7/1/2021 7/1/2022 COMBINaDSINGLE LIMIT (Pa accumers 5 1,000,000 X BODILY INJURY(Perpersonj S BODILY INJURY Per aboden( BODILY 5 Fa0PEidenlDAMAGE S S BUMBRELLA UPS EXCESS LIAB X OCCUR CLAIMS -MADE 7015086328 7/1/2021 7/1/2022 EACH OCCURRENCE S 5,000,000 dX AGGREGATE s 5,000,000 DELI RETENTIONS S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE N EManUatory IM NHICLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below NIA SAWC247479 7/1/2021 711/2022 X PTR TE ERH E.L. EACH ACCIDENT s 1,000,006 E.L. DISEASE -EA EMPLOYE 1,BBB,BB6 $ E.L. DISEASE -POLICY LIMIT 1,000,000 S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may his attached if more apace is required) Proof of Insurance 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 ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD -" 7_=C7vR5 (=CM STATE LICENSE BGARD ACTIVE LICENSE011 249559 CORP _,.. s -, SAN MARINO ROOF CO INC C39 tdom 07/31/2022 www.cslb.ca.gov vZ Ary cnange of ous;ness aodressmame most be reported to the Registrar within 90 days This license is not transferrable, and shall be returned to the Registrar upon demand when suspended. revoked, or invalidated for any reason. This pocket card is valid through the expiration date only. If found drop in any mailbox Postage guaranteed by Contractors State License Board P O Box 26000 Sacramento CA 95826 Licensee Signature t; JUL 1 0 2020 BY........................ d rn m r to in N N 0 o 0 0 0 0 0 0 T 0 'a o 0 0 0 0 0 0 +, m nm m m m m m n w go o to �o Lo 0 �o I d O oo r m ti O ON > o 0 0 o 0 N 0 + u 0 0 m ti • Cx0 0 ; v m u E a 0 d m a d E a U to 00 m N w w Z a 0 O u u N Y Z a E E m a Q w H 0 0 d s O �Z m m 41 N N O Z 00 v w U 0 7 N C C a a U U LO L O co N O C o u m � Y % N O _ A C a O O v O O O a ti c U LL d d > O d E d O •u '~^ v~i '� n m E z f a N? a m y >, % ui Z ui ui L Z K N E a + o E P E E u u O Z O FT d d a Q Q Z O O o N L 0 C 0 E z j z z ui m Q m V E m m VI VI (V6 c a c m o% N a00 z Z WCN NT LJJ w T A o: Z f° Z Q `ol 2 w N:" m 0 0 }' m m n N >.^ o:^ 0 G °' " c m m bo Z bo ,�, d] O d) .-I dl m r c T r- co d D O d J J f6 a s E F y m u 0 w W aai UJ Val J U N a C C r C l0 N 1 N F J U U QJ U LL Z o. �! F` V1 U Q Q Z J Q O v V) Q LL O U w Elf O 00 00 Z Of p O N H N N N H N N O pio _ Z 0 U z a w vai � v< c L" C rco o N v Y a0 N c O , c m �' w I- (O Y to O c Q N o L o i O >> u C 0 N m c c 3 o a m O U Eo (D E ° G! C N m O a` Z N Y vi M a m CN a oa ma oE E`6 Uv m° u EO o m 0O oL u5 O o w O m > ? a m p 0 O w y E °u a o � �n y u •Q S o a` a � a .�.a°Sa°Sw Previously Completed Projects sANMARINOROOF CO. INC. Contractors State License Board # 249559 Project Name: Carver Middle School Project Name: Roofing at Valencia HS, El Dorado Project Address: 4410 McKinley Avenue HS, Esperanza HS & Kraemer MS Las Angeles, CA 90011 Project Address: Various School Sites Project Value: $93,417.00 Project Value: $643,300.00 Description: Remove and Replace Deteriorated Description: Re -Roofing at Various Sites Roof on Building #002CCH Project Owner: Placentia Yorba Linda Unified Project Owner: Las Angeles Unified School District School District Owner Address: 333 S Beaudry Ave., Owner Address: 1301 E. Orangethorpe Ave. Los Angeles, CA 90017. Placentia, CA 92870 Contact: Josh Rodriguez, Senior Roofer OAR Contact: Bradd Runge, M&O Phone: 213-745-1632 Phone: 714-986-7000 Email: iosue.rodrieuezl @lausd.net Email: brume@pylusd.or2 Project Name: City of Ontario Facility Roof Project Name: El Monte Union HS District Roofing Replacements atAHS, EMHS, RHS and SEMHS Project Address: Various Sites - Ontario, CA Project Address: Various Sites Project Value: $348,380.00 Project Value: $1,127,446.00 Description: Remove and Replace Roofing Description: Sika Sarnafil Roofing Project Project Owner: City of Ontario Project Owner: El Monte Union High School Owner Address: 303 East B Street, District Ontario, CA 91764 Owner Address: 3537 Johnson Avenue, Contact: John Herrera, Dir. Of Public Works El Monte, CA 91731 Phone: 909-395-2684 Contact: Norma Macias, Dir. of F.M.O.T. Email: JHerrera@ontarioca.gov Phone: 626-444-9005 x9864 Email: norma.macias@emuhsd.orR Project Name: City Yard Re -Roofing Project Project Address: 592 Superior Avenue, Project Name: Newport -Mesa USD Roof Repair & Newport Beach, CA 92663 Replacement Project Value: $535,000.00 Project Address: Various Sites Description: Garland Re -roofing Project Project Value: $188,105.00 Project Owner: City of Newport Beach Description: Roof Repair and Replacement Owner Address: 100 Civic Center Drive, Project Owner: Newport Mesa Unified School Dist. Newport Beach, CA 92660 Owner Address: 2985 Bear Street, Contact: Kathryne Cho, Project Manager Costa Mesa, CA 92626 Phone: 949-644-3014 Contact: Norm Chapman, Facilities Email: kcho newportbeachca.gov Phone: 714-424-7539 Email: nchapman@nmusd.us Project Name: San Marcos Middle School Project Address: 650 W. Mission Road, Project Name: California Theater Roof San Marcos, CA 92069 Project Address: 562 West 4th Street, Project Value: $126,885.00 San Bernardino, CA 92401 Description: Re -Roofing Project Project Value: $292,683.00 Project Owner: San Marcos Unified School District Description: Sarnafil Roofing Replacement Owner Address: 255 Pico Ave., Suite 250, Project Owner: City of San Bernardino San Marcos, CA 92069 Owner Address: 201 North "E" Street, San Contact: Jim Pod Bernardino, CA 92401 Phone: 760-752-1218 Contact: Karen Castro, Engineering Email: jim.poltl@smusd.org Phone: 909-384-5174 Email: castro ka@sbcitev.orR 2187 N. Batavia St., Orange, CA 92865 1 T: (714)974-3070 1 F: (714)282-1137 1 DIR # 1000001914 1 www.sanmarinoroof.com