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c�<,FORN'P City Council Staff Report
October 22, 2024
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kyle Brodowski, Facilities and Equipment Superintendent - 949-
718-3464, kbrodowski@newportbeachca.gov
TITLE: Award of On -Call Roofing Maintenance and Repair Services
Agreements with Rainy Day Roofing, Inc., and Best Contracting
Services, Inc.
ABSTRACT:
Based on the results of a request for proposals (RFP), staff recommends awarding
separate five-year on -call roofing maintenance and repair services agreements to Rainy
Day Roofing, Inc., and Best Contracting Services, Inc. The City of Newport Beach's
current on -call roofing services agreement with Best Contracting Services, Inc. expires
May 1, 2026, and the original not -to -exceed limit (NTE) of $120,000 is nearly exhausted.
The NTE for the new agreements would be $200,000 for the primary agreement with
Rainy Day Roofing, Inc., and $100,000 for the secondary agreement with Best
Contracting Services, Inc. Awarding multiple on -call agreements for this service ensures
that the City can efficiently address both emergent and planned work in critical areas
without potentially being restricted by a single contractor's schedule and availability.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve an On -Call Roofing Maintenance and Repair Service Agreement with Rainy
Day Roofing Inc., for a five-year term and total amount not -to -exceed of $200,000,
and authorize the Mayor and City Clerk to execute the agreement; and
c) Approve an On -Call Roofing Maintenance and Repair Service Agreement with Best
Contracting, Inc., fora five-year term and total amount not -to -exceed of $100,000, and
authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
Staff recommends awarding separate, five-year, on -call roofing maintenance and repair
services agreements to Rainy Day Roofing, Inc. and Best Contracting Services, Inc. The
NTE would be $200,000 for the primary agreement with Rainy Day Roofing, Inc.
(Attachment A), and $100,000 for the secondary agreement with Best Contracting
Services, Inc. (Attachment B).
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Award of On -Call Roofing Maintenance and Repair Services Agreements
with Rainy Day Roofing, Inc., and Best Contracting Services, Inc.
October 22, 2024
Page 2
These contractors would provide services such as removing and repairing damaged roof
shingles, flashing, and vents; detecting and repairing water leaks; and clearing clogged
rain gutters, downspouts, and roof drains.
The City's current on -call roofing services agreement with Best Contracting, Inc., expires
May 1, 2026, and has a remaining balance of $9,000. The original NTE of $120,000 is
nearly exhausted due to high service demand and the impact of heavy rains over the past
two years, which necessitated emergency repairs at multiple locations.
Over the past three fiscal years, the Public Works Department has spent an average of
$37,000 annually for on -call roofing services. Moving forward, each agreement will be
managed by the Public Works Facilities Maintenance Section, but will also be available
for use by multiple departments upon request if needed. Staff anticipates spending
approximately $60,000 per year to maintain and repair various roof structures citywide.
Major roofing projects will continue to be addressed through Capital Improvement
Program projects, with these agreements focusing on emergency and minor on -call
repairs.
During the winter season, severe rainstorms often result in simultaneous roof repair
emergencies across various sites, making it difficult to secure immediate responses from
contractors. To address this challenge and ensure prompt service, staff recommends
establishing agreements with two on -call roofing contractors. Awarding multiple on -call
agreements for building trades, such as roofing, ensures that the City can efficiently
address both emergent and planned work in critical areas without being restricted by a
single contractor's schedule and availability. It also ensures responsiveness, competitive
pricing, and quality service, while reducing the risks associated with relying on single
providers and contractor failure or underperformance. When services are needed, staff
will request letter proposals from each contractor to secure the best pricing for each
project.
RFP No. 25-06 was published on August 16, 2024, and two proposals were received. The
evaluation panel first scored the proposals based on the contractors' qualifications and
recent experience in conducting work for contracts of similar scope, complexity and
magnitude, particularly for government agencies. Both proposals surpassed the minimum
70% Technical Score component necessary to advance in the selection process to the
cost review step. Hourly rates are primarily based on prevailing wage rates and were in
line with expectations and past work efforts. Overall evaluation results are shown in the
table below.
RFP No. 25-06 Evaluation Results
Technical
Cost Ratio
Total Score
Overall
Proposer
Score
Score
(100)
Rank
60
40
Rainy Day Roofing, Inc.
54.33
39.82
94.15
1
Best Contracting Services, Inc.
43.67
35.46
79.13
2
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Award of On -Call Roofing Maintenance and Repair Services Agreements
with Rainy Day Roofing, Inc., and Best Contracting Services, Inc.
October 22, 2024
Page 3
FISCAL IMPACT:
The Fiscal Year 2024-25 adopted budget includes sufficient funding for this contract. It
will be expensed to the Facility Maintenance and Repair Building account, 0108041-
851016 and the Back Bay Science Center Building Maintenance and Repair account,
0108041-851031. Additional funding for this contract will be expensed to the
department(s) requesting maintenance and repairs.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — On -Call Services Agreement with Rainy Day Roofing, Inc.
Attachment B — On -Call Services Agreement with Best Contracting, Inc.
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ATTACHMENT A
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH RAINY DAY ROOFING, INC. FOR
ON -CALL ROOFING SERVICES
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 22nd day of October, 2024 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and Rainy Day Roofing, Inc., a California corporation
("Contractor'), whose address is 8930 Center Avenue, Rancho Cucamonga, CA 91730,
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on -call roofing replacement,
maintenance and/or repair services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on October 21, 2029, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
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2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Two Hundred Thousand Dollars and 00/100
($200,000.00), without prior written amendment to the Agreement.
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4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Jeffrey Fanning to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
Rainy Day Roofing, Inc. Page 3
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personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public
Works or designee shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
Rainy Day Roofing, Inc. Page 4
12-7
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
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9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
Rainy Day Roofing, Inc. Page 6 12.9
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Contract shall be paid to all workmen employed on the
Work to be done according to the Contract by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774 and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
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subcontractor under him/her to comply with all State of California labor laws, rules and
regulations, and the parties agree that the City shall not be liable for any violation thereof.
16.2 If both the Davis -Bacon Act and State of California prevailing wage laws
apply and the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per
diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive,
Newport Beach, California 92660, and are available to any interested party on request.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
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20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seg., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
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indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Jeffrey Fanning
Rainy Day Roofing, Inc.
8930 Center Avenue
Rancho Cucamonga, CA 91730
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
Rainy Day Roofing, Inc. Page 10
12-13
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
Rainy Day Roofing, Inc. Page 11
12-14
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms 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 the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
Rainy Day Roofing, Inc. Page 12
12-15
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Rainy Day Roofing, Inc. Page 13
12-16
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:��c9"
By:
A r n C. Harp
Ci Attorney/yY
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Will O'Neill
Mayor
CONTRACTOR: RAINY DAY
ROOFING, INC., a California corporation
Date:
By: By:
Leilani I. Brown Jeffrey Fanning
City Clerk Chief Executive Officer, Chief Financial
Officer, Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Insurance Requirements
Exhibit D
— Labor and Materials Payment Bond
Exhibit E
— Faithful Performance Bond
Rainy Day Roofing, Inc. Page 14 12-17
EXHIBIT
SCOPE OF SERVICES
Rainy Day Roofing, Inc. Page A-1
12-18
ExhibitA —Scope of Service
Page 1
Services to be Provided
1. Removal and Replacement:
• Remove and replace damaged roofs, awnings, and appurtenances.
• Replacement of aging or damaged roofing systems with new materials that meet requirements.
• Removal and disposal of old roofing materials in compliance with local environmental regulations
and recycling guidelines.
• Upgrading roofing systems to meet current building code standards.
• Replacement of deteriorated or ineffective roof insulation to improve thermal performance and
comply with CBC requirements.
2. Repairs:
• Repair minor leaks on any type of roofing system.
• Patching or sealing of leaks and damaged areas using approved materials and techniques.
• Replacement or repair of damaged or missing shingles, tiles, or other roofing materials to
maintain weather resistance and structural integrity.
3. Structural Repairs:
• Address issues with sagging or uneven roof surfaces through reinforcement or structural repairs
as necessary.
• Repair any structure or support system related to the roofing system.
4. Gutter System Maintenance:
• Repair and replacement of roof gutter systems.
• Cleaning of gutters, downspouts, and roof surfaces to remove debris and prevent water backup.
5. Cleaning and Inspection:
• Clean and inspect roofs, roof drains, and rain gutters, including recovery and disposal of all debris
and/or water from City facilities.
• Application of roof coatings, sealants, or treatments to enhance water resistance and protect
against UV damage.
• Inspection and maintenance of roof -mounted equipment, vents and skylights to ensure proper
function and prevent leaks.
• Routine roofing inspections to ensure compliance with safety code and regulations.
12-19
Exhibit A— Scope of Service
Page 2
• Evaluation of roof materials, flashing, drainage systems, and structural components to identify
signs of damage, deterioration, or leaks.
• Assessment of attic ventilation and insulation to ensure proper airflow and energy efficiency in
accordance with CBC standards.
6. Installations:
• Installation of new roofing systems in compliance with CBC specifications, including proper
underlayment, flashing, and fastening methods.
• Roofing materials selection and installation based on climate considerations, local building
codes, and manufacturer guidelines.
• Integration of roof drainage systems, gutters, and downspouts to ensure proper water
management and compliance.
Service Requirements
Service calls will be initiated by City staff, with no guarantee or implication of any specific quantity
of service call work during the contract term.
When the need for service arises, the Contractor shall provide a written proposal, including:
• A detailed description of the services to be provided.
• The position of each person assigned to perform the services.
• The estimated number of hours and cost (including parts and material) to complete the services.
• The time needed to complete the specific project.
No services shall commence until the project manager has provided written acceptance of the
proposal. Once authorized, the Contractor shall diligently perform the repair services in
compliance with the contract terms. Should the proposal terms vary, the agreement terms will
supersede.
Facilities Covered
City -owned buildings and properties.
Contractor Supplied Equipment
The Contractor shall supply all transportation, tools and equipment necessary for completing all
work related to roofing services, covered within the hourly labor cost (e.g., vehicles, fuel surcharge,
delivery, compressors, asphalt kettles, propane torches, tools of the trade, etc.). Rental equipment
needed for on -call repairs must be approved prior to use and substantiated with rental receipts for
invoicing (e.g., scissor lifts, boom lifts, cranes, etc).
12-20
Exhibit A — Scope of Service
Page 3
Replacement Equipment, Parts, Materials, and Equipment Rentals
All replacement equipment, parts, materials, and equipment rentals will be supplied by the
Contractor at a contracted markup as shown in the Cost File. Receipts will be required at the time
of invoicing to substantiate the percentage markup, with all charges at cost plus no more than a
15% markup. Labor rates for installation shall be charged at the standard labor rate specified in the
Cost File.
Invoicing
All invoices for on -call services must include:
• Brief description of the work performed
• Date the services were performed
• Number of hours spent on all work billed on an hourly basis
• Description of any reimbursable expenditures (materials, rental equipment, etc.)
• Contracted labor rate
• Shall include the name and the classification of the employee who performed the work
• Material percentage markup
Invoices shall be submitted monthly. Receipts will be required at the time of invoicing to
substantiate percentage markup. All shall be charged at cost plus no more than a 15% markup.
Labor rates shall include supplies (e.g. nails, tar, caulking, roofing cement, personal protective
equipment, and sundries). Labor rates shall be charged at the standard labor rate specified in the
Cost File.
Response Requirements
• Call backwithin ninety (90) minutes afterthe initial request from the City for on -call services.
• Availability for same -day response, including after hours, weekends, and holidays.
• 24/7 availability.
• Arrival within four (4) hours after initial call back.
Warranty
The Contractor's work shall carry a one (1) year workmanship warranty.
12-21
Exhibit A — Scope of Service
Page 4
Workmanship & Materials
• The Contractor shall provide all labor and materials required for the successful completion of a
project or work.
• Labor rates shall include supplies (e.g. nails, tar, caulking, roofing cement, personal protective
equipment, and sundries).
• The City may reimburse the Contractor for materials procured, analyzed case -by -case, and
agreed upon in the Contractor's proposal before work commences. Markup for materials is limited
to cost plus a maximum of 15%.
• Receipts are required for reimbursement for materials purchased for projects.
• The City reserves the right to specify the type of material and/or equipment purchased per project.
All equipment and material purchases must be preapproved by the Facilities Maintenance
Supervisor or designee.
• The City reserves the right to purchase materials directly and provide them to the Contractor. In
such cases, the following conditions apply:
• The Contractor shall conform to all City practices and procedures.
• All City purchases are for the sole expressed use of and for the City.
• The Contractor shall secure, store, inventory, distribute, and control all materials entrusted to the
Contractor's representatives.
• All materials and inventories shall be made available to the City upon request. The Contractor will
reduce the unit cost for each maintenance task by the City's actual cost for the materials provided
and used.
12-22
Qualifications and Experience of the Firm
Our company has been in business since 2011. The owner, Jeffrey Fanning, has been
a roofer for more than 30 years. The company started up to fill the need of an ever
growing On -Call service roofing maintenance provider. Since 2011, Rainy Day Roofing
has become responsible for the care and maintenance of more than 1000 roofs
throughout the state of California. Our customers include Pharmacies, retail,
municipalities, and commercial tenant properties. We understand the importance of a
swift response time, working safe, and most importantly excellent communication.
Below is a list of key personnel that would be responsible for managing your account.
Staffing and Project Organization
Jeff Fanning - Owner/President jeff@rainydayroofing.com 909-578-5960
Jeff Kao - Office Manager jeffk@rainydayroofing.com 951-741-5296
Sam Echeveste - Accounting samantha@rainydayroofing.com 909-752-7825
Richard Collins - Business Dev. rchard@rainydayroofing.com 949-394-1833
Nancy Torassa - Dispatch nancy@rainydayroofing.com 951-542-2462
Brandon Flores - Super brandon@rainydayroofing.com 909-257-5216
After hours/emergency 951-542-2260 Toll free 877-RDR-CALL
12-23
Explanation of Methodology
Rainy Day Roofing is a leading provider of roofing repairs and
construction in our community. We are keenly interested in
offering our services to the City of Newport Beach and would like
to express our strong commitment to ensuring your complete
satisfaction with our work.
At Rainy Day Roofing, we believe that the foundation of any
successful partnership lies in mutual respect, clear communication,
and a relentless pursuit of excellence. Here are a few key reasons
why we are confident that we can meet and exceed the City's
expectations:
1. Proven Track Record: With over 30 years of experience in
the industry, we have consistently delivered high -quality
services to numerous municipalities, ensuring compliance
with all regulations and standards.
2. Customized Solutions: We understand that every city has
unique needs. Our team is dedicated to working closely
with you to develop and implement tailored solutions that
address your specific challenges and goals.
3. Commitment to Quality: Quality is at the heart of
everything we do. We employ best practices and the latest
technologies to ensure that our services are efficient,
effective, and sustainable.
4. Responsive Customer Service: Your satisfaction is our top
priority. We are always available to address any concerns,
provide updates, and make adjustments as needed to ensure
that you are completely satisfied with our services.
5. Community Focus: As members of the community, we are
invested in the well-being of the City of Newport Beach.
We take pride in contributing to the enhancement of our
local environment and infrastructure.
Over the years we have found a few items to be extremely helpful
in ensuring that the customers' needs are met.
1. Have direct contact with the person who is aware of the
area needing repaired or replaced.
2. Keep a robust database of pertinent information to assist
with future repairs and replacements.
3. Exchange after-hours contact information in the event that
an emergency should arise.
12-24
In summary, we propose to extend our expertise in the field of
roof maintenance and construction. We are certified in most low
and steep slope roofing products. We understand the importance
of safety and timeliness. We continue to offer the latest
technology to work closely with our customers. Some examples
include real time dispatching information, live video stream
images from job sites, and shared documentation boards.
We have weekly meetings with our vendors to discuss the latest
pricing and product roll outs. We share any of this pertinent
information with our customers. An important part of these
conversations is making sure that everyone is updated with the
latest code and safety information. For example, we are currently
working with a new roof coating supplier. The product promises
to show huge cost -saving benefits. Testing is proving to show
increased R value and fire resistance over the products currently in
use.
12-25
EXHIBIT B
SCHEDULE OF BILLING RATES
Rainy Day Roofing, Inc. Page B-1
12-26
COST FILE
Rates are inclusive of all cost including, but not limited to labor, travel, supplies
(e.g. nails, tar, caulking, roofing cement, personal protective equipment, and
sundries, equipment, delivery and disposal in the performance of the prescribed
tasks.
LABOR TYPE:
REGULAR
OVERTIME HOURLY
HOURLY RATE
RATE
Supervisor — Regular Rate
$ 140.00 Per Hour
$ 210.00 Per Hour
Journeyman — Regular Rate
$ 140.00 Per Hour
$ 210.00 Per Hour
Laborer — Regular Rate
$ 140.00 Per Hour
$ 210.00 Per Hour
Roofer — Regular Rate
$ 140.00 Per Hour
$ 210.00 Per Hour
Other Services:
Description
Rate
Includes photos,
Roof Assessment Report
current roof conditions
$ 560.00 Per Report
and recommendations
Receipts are required
Total % Markup:
o
/o Parts and Material Markup
for reimbursement of
(Maximum 15%)
materials purchased
12 %
for projects
• "Overtime Rate" means Monday - Friday 5:00 pm - 7:00 am, Weekends and Holidays.
• All rates subject to comply with Prevailing Wage requirements and subject to
Department of Industrial Relations (DIR) certified payroll submission.
• Rates are inclusive of materials. Any reimbursements for unanticipated and pre -
approved costs will require a receipt with a maximum 15% markup allowable. City shall
not consider reimbursement for materials charged to City without otherwise providing
proof of material cost.
• Contractor invoices for on -call services shall detail cost broken down by laborer hours
and title, equipment hours, and material quantities. City shall reserve the right to
validate quality, quantities, and effort of work performed prior to approval and payment
of invoices.
• All unowned specialty tools and rental equipment needed for on -call repairs shall be
approved prior to the work, substantiated with rental company receipts for invoicing
(example: scissor lifts, boom lifts, cranes, etc.), and shall be charged at cost.
12-27
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Rainy Day Roofing, Inc. Page C-1
12-28
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance
or an installation floater as directed by City, covering damages to the Work
for "all risk" or special causes of loss form with limits equal to 100% of the
completed value of the Agreement, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement
for such coverage may include additional protection for Earthquake and/or
Flood. City shall be included as an insured on such policy, and Contractor
shall provide City with a copy of the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance., Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
Rainy Day Roofing, Inc. Page C-2 12.29
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
Rainy Day Roofing, Inc. Page C-3
12-30
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Rainy Day Roofing, Inc. Page C-4
12-31
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. _
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Rainy
Day Roofing, Inc. hereinafter designated as the "Principal," an agreement for roofing
replacement, maintenance and/or repair services, in the City of Newport Beach, in strict
conformity with the Agreement on file with the office of the City Clerk of the City of Newport
Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and, _
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
Rainy Day Roofing, Inc. Page D-1
12-32
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of _ _ , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Rainy Day Roofing, Inc. Page D-2
12-33
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 I ss.
On , 20 before me, ,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On _ _, 20 before me, ,
Notary Public, personally appeared ,
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Rainy Day Roofing, Inc. Page D-3
12-34
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO. _
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Rainy
Day Roofing, Inc. hereinafter designated as the "Principal," an agreement for roofing
replacement, maintenance and/or repair services in the City of Newport Beach, in strict
conformity with the Agreement on file with the office of the City Clerk of the City of Newport
Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Rainy Day Roofing, Inc. Page E-1
12-35
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
A
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
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12-36
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 _ l ss.
On _ , 20__ before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of _ 1 ss.
On 20before me,
Notary Public, personally appeared ,
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Rainy Day Roofing, Inc. Page E-3
12-37
ATTACHMENT B
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH BEST CONTRACTING SERVICES, INC. FOR
ON -CALL ROOFING SERVICES
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 22nd day of October, 2024 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and BEST CONTRACTING SERVICES, INC., a
California corporation ("Contractor"), whose address is 19027 South Hamilton Avenue,
Gardena, CA 90248, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on -call roofing maintenance and/or
repair services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on October 21, 2029, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
12-38
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed One Hundred Thousand Dollars and 00/100
($100,000.00), without prior written amendment to the Agreement.
Best Contracting Services, Inc. Page 2 12-39
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only forthose costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Sean Tabazadeh to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
Best Contracting Services, Inc. Page 3 12-40
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public
Works or designee shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care thatwould be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
Best Contracting Services, Inc. Page 4 12-41
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve ordisapprove Contractor's Work promptly, ordelay orfaulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
Best Contracting Services, Inc. Page 5 12-42
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
Best Contracting Services, Inc. Page 6 12-43
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
Best Contracting Services, Inc. Page 7 12-44
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
Best Contracting Services, Inc. Page 8 12-45
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
sea., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
Best Contracting Services, Inc. Page 9 12-46
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Sean Tabazadeh
Best Contracting Services, Inc.
19027 S. Hamilton Ave.
Gardena, CA 90248
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
Best Contracting Services, Inc. Page 10 12-47
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
Best Contracting Services, Inc. Page 11 12-48
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms 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 the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
Best Contracting Services, Inc. Page 12 12-49
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts, This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Best Contracting Services, Inc. Page 13 12-50
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1 D/,-�q -,4
By: Llv ,� <1�
Aorbn C. Harp
C4 Attorney �j y
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Will O'Neill
Mayor
CONTRACTOR: BEST CONTRACTING
SERVICES, INC., a California
corporation
Date:
By:
Sean Tabazadeh
Chief Executive Officer, Secretary,
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Insurance Requirements
Exhibit D
— Labor and Materials Payment Bond
Exhibit E —
Faithful Performance Bond
Best Contracting Services, Inc. Page 14 12-51
EXHIBIT
SCOPE OF SERVICES
Best Contracting Services, Inc. Page A-1 12-52
ExhibitA —Scope of Services
Page 11
Services to be Provided
1. Removal and Replacement:
• Remove and replace damaged roofs, awnings, and appurtenances.
• Replacement of aging or damaged roofing systems with new materials that meet requirements.
• Removal and disposal of old roofing materials in compliance with local environmental regulations
and recyclingguidelines.
• Upgrading roofing systems to meet current building code standards.
• Replacement of deteriorated or ineffective roof insulation to improve thermal performance and
comply with CBC requirements.
2. Repairs:
• Repair minor leaks on any type of roofing system.
• Patching or sealing of leaks and damaged areas using approved materials and techniques.
• Replacement or repair of damaged or missing shingles, tiles, or other roofing materials to
maintain weather resistance and structural integrity.
3. Structural Repairs:
• Address issues with sagging or uneven roof surfaces through reinforcement or structural repairs
as necessary.
• Repair any structure or support system related to the roofing system.
4. Gutter System Maintenance:
• Repair and replacement of roof gutter systems.
• Cleaning of gutters, downspouts, and roof surfaces to remove debris and prevent water backup.
5. Cleaning and Inspection:
• Clean and inspect roofs, roof drains, and rain gutters, including recovery and disposal of all debris
and/or water from City facilities.
• Application of roof coatings, sealants, ortreatments to enhance water resistance and protect
against UV damage.
• Inspection and maintenance of roof -mounted equipment, vents and skylights to ensure proper
function and prevent leaks.
• Routine roofing inspections to ensure compliance with safety code and regulations.
• Evaluation of roof materials, flashing, drainage systems, and structural components to identify
signs of damage, deterioration, or leaks.
• Assessment of attic ventilation and insulation to ensure proper airflow and energy efficiency in
accordance with CBC standards.
12-53
Exhibit A — Scope of Services
Page 12
6. Installations:
• Installation of new roofing systems in compliance with CBC specifications, including proper
underlayment, flashing, and fastening methods.
• Roofing materials selection and installation based on climate considerations, local building
codes, and manufacturer guidelines.
• Integration of roof drainage systems, gutters, and downspouts to ensure proper water
management and compliance.
Service Requirements
Service calls will be initiated by City staff, with no guarantee or implication of any specific quantity
of service call work during the contract term. When the need for service arises, the Contractor shall
provide a written proposal, including:
• A detailed description of the services to be provided.
• The position of each person assigned to perform the services.
• The estimated number of hours and cost (including parts and material) to complete the services.
• The time needed to complete the specific project.
No services shall commence until the project manager has provided written acceptance of the
proposal. Once authorized, the Contractor shall diligently perform the repair services in
compliance with the contract terms. Should the proposal terms vary, the agreement terms will
supersede.
Facilities Covered
City -owned buildings and properties.
Contractor Supplied Equipment
The Contractor shall supply all transportation, tools and equipment necessary for completing all
work related to roofing services, covered within the hourly labor cost (e.g., vehicles, fuel surcharge,
delivery, compressors, asphalt kettles, propane torches, tools of the trade, etc.). Rental equipment
needed for on -call repairs must be approved prior to use and substantiated with rental receipts for
invoicing (e.g., scissor lifts, boom lifts, cranes, etc).
Replacement Equipment, Parts, Materials, and Equipment Rentals
All replacement equipment, parts, materials, and equipment rentals will be supplied by the
Contractor at a contracted markup as shown in the Cost File. Receipts will be required at the time
of invoicing to substantiate the percentage markup, with all charges at cost plus no more than a
15% markup. Labor rates for installation shall be charged at the standard labor rate specified in the
Cost File.
12-54
Exhibit A —Scope of Services
Page 13
Invoicing
All invoices for on -call services must include:
• Brief description of the work performed
• Date the services were performed
• Number of hours spent on all work billed on an hourly basis
• Description of any reimbursable expenditures (materials, rental equipment, etc.)
• Contracted labor rate
• Shall include the name and the classification of the employee who performed the work
• Material percentage markup
Invoices shall be submitted monthly. Receipts will be required at the time of invoicing to
substantiate percentage markup. All shall be charged at cost plus no more than a 15% markup.
Labor rates shall include supplies (e.g. nails, tar, caulking, roofing cement, personal protective
equipment, and sundries). Labor rates shall be charged at the standard labor rate specified in the
Cost File.
Response Requirements
• Call back within ninety (90) minutes after the initial request from the City for on -call services.
• Availabilityfor same -day response, including after hours, weekends, and holidays.
• 24/7 availability.
• Arrival within four (4) hours after initial call back.
Warranty
The Contractor's work shall carry a one (1) yearworkmanship warranty.
Workmanship & Materials
• The Contractor shall provide all labor and materials required for the successful completion of a
project or work.
• Labor rates shall include supplies (e.g. nails, tar, caulking, roofing cement, personal protective
equipment, and sundries).
• The City may reimburse the Contractor for materials procured, analyzed case -by -case, and
agreed upon in the Contractor's proposal before work commences. Markup for materials is limited
to cost plus a maximum of 15%.
• Receipts are required for reimbursement for materials purchased for projects.
• The City reserves the right to specify the type of material and/or equipment purchased per project.
All equipment and material purchases must be preapproved by the Facilities Maintenance
Supervisor or designee.
12-55
Exhibit A —Scope of Services
Page 14
• The City reserves the right to purchase materials directly and provide them to the Contractor. In
such cases, the following conditions apply:
• The Contractor shall conform to all City practices and procedures.
• All City purchases are for the sole expressed use of and for the City.
• The Contractor shall secure, store, inventory, distribute, and control all materials entrusted to the
Contractor's representatives.
• All materials and inventories shall be made available to the City upon request. The Contractor will
reduce the unit cost for each maintenance task by the City's actual cost for the materials provided
and used.
12-56
QUALIFICATIONS AND EXPERIENCE OF THE FIRM
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Company Background
OUR MISSION
Most companies have a formal mission statement and so do we. However, in practical
terms, our mission is to see your problems through your eyes and provide sound economical
solutions with your best interests in mind which not only solve the problem but make you feel
good about the result. Our approach is based on life -cycle analysis rather than a quick,
thoughtless low estimate simply to acquire business. We will listen to your problem and
arrange to send the most appropriate staff member to meet with you.
HISTORY
BEST was incorporated in California September 17, 1982 and provides specialty
construction services to the commercial/industrial/institutional property market for both new
construction and existing structures. Headquartered in Gardena, in Los Angeles County, with
other facilities in the San Francisco Bay Area and Sacramento, BEST Contracting Services, Inc. is
an individual private corporation licensed to provide construction services throughout
California, Nevada, Arizona and Washington. We have been in business for 41 Years and under
our present name for 16 years. Name changed from "Best Roofing & Waterproofing, Inc."
3/23/2007 to better reflect scope of work. License # has remained the same.
ABOUT BEST
Since our inception in 1982, the scope of our services has steadily increased and
diversified to encompass systems installations for the entire Building Envelope. Our size allows
us to offer our clients significant insurance and bonding capacities. Our safety record remains
impressive with an industry low EMR in, what is a dangerous occupational environment.
Companywide, BEST has approximately 450 employees in both field and office positions.
LICENSES
BEST holds California Contractor License number 456263 in categories A (Engineering), B
(General Contracting), C-17 (Glazing, C-39 (Roofing/Waterproofing) and C-43 (Sheet Metal). In
Nevada, our license numbers are 71894 (General Contracting); 71985 (General Sheet Metal and
Metal Wall Panels); 71986 (Roofing and Siding); 71987 (Glass and Glazing). BEST also maintains
licenses in Arizona and Washington.
BEST CONTRACTING SERVICES, INC. (CLSB#456263)
19027 S Hamilton Ave Gardena, CA 90248 Tel: (310) 328-6969 Fax: (310) 328-9176
E-bfuil:info@bcstconLracting.com Website: www.bestcontracting.com Art Equal Opportunity Employer
12-57
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SERVICES
BEST provides Building Envelope Services to its clientele in the commercial, industrial,
institutional and local, State, and Federal public works sectors with factory trained Union
craftsmen and women using the highest quality materials and products.
ROOFING - BEST can repair, maintain and install every type of roof system including
built-up, single ply, modified bitumen, polyurethane foam, metal and coating systems. We also
install green (vegetated) roofs and roof -mounted solar power systems.
WATERPROOFING -We apply and install waterproofing below grade, between slab, on
walls, decks, caulk windows and cold joints. We waterproof parking structures, parking and
plaza decks, and subterranean garages. The installation of expansion joints of all types falls
under our waterproofing division.
WALL PANELS - Systems installed include composite, insulated, standing seam and
corrugated panels in several choices of metals and finishes such as aluminum and zinc.
GLAZING - Systems installed include commercial operable and fixed windows,
storefronts, spider systems, ribbon walls, curtain walls, atriums and skylights.
SHEET METAL - General, roof related and architectural sheet metal items and detail
components for various metal systems are fabricated in our sheet metal shop.
DAYLIGHTING - BEST provides and installs various roof -mounted daylighting systems.
SUSTAINABLE/ENERGY SAVING SYSTEMS - This group of services includes cool roofs,
green (vegetated) roof systems, daylighting and solar power generating installations.
Dedicated Roof Service and Maintenance Department
BEST is unique in that we maintain a dedicated Roof Service Department. This group of
versatile technician's service emergency leak calls, perform roof repairs and small roofing
projects. They also execute the work required for clients who are members of our
comprehensive roof asset management program.
BEST CONTRACTING SERVICES, INC. (CLSB#456263)
19027 S Hamilton Ave Gardcna, CA 90248 Tel: (310) 328-6969 Fax: (310) 328-9176
E-Mail: info@bestcontracting.com Website: www.bcstcontracting.com An Equal Opportunity Employer
12-58
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SPECIALIZED EQUIPMENT
In addition to regular equipment necessary for any construction business, BEST owns
many pieces of specialized equipment. Included in this list are double jacketed kettles for hot
rubber, special pumps for liquid applied waterproofing, pumps to spray low-rise foam, CNC
Router, large sheet metal shears which can cut up to 5/16" metal, a 175 ton break press,
welders, etc. Our fleet of specialized vehicles includes crane trucks, hot and cold asphalt and
gravel tankers. Owning this equipment gives us control and enables us to more easily meet
project deadlines.
WARRANTIES
Every new installation project is warranted by BEST for a minimum of one year. In
partnership with the material suppliers, extended warranties can be offered for multiple years.
The length of the warranty depends upon the specification for the installed system and requires
application by BEST.
ADDED VALUE
BEST brings added value to every project. We are approved by material manufactures to
install their products and our crews are specialists in that particular product. In construction,
size does matter and we are able to perform many large projects simultaneously. Our financial
stability provides purchasing power, insurance and bonding capacities well above industry
norms. These and other factors combine to offer you a high degree of comfort that your
selection of BEST Contracting Services as your contractor is a sound decision.
FINANCIAL CONDITION
BEST is considered a "best in class" contractor and can consider single jobs in excess of
$50,000,000 with a total aggregate capacity in excess of $200,000,000. This is not an indication
of our maximum support. Should Best Contracting Services, Inc. require higher capacity, we
can.
BEST CONTRACTING SERVICES, INC. (CLSB#456263)
19027 S Hamilton Ave Gardena, CA 90248 Tel: (310) 328-6969 Fax: (310) 328-9176
E-Mail: info@bestcontracting.com Website: www.bestcontracting.com An Equal Opportunity Employer
12-59
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BEST CONTRACTING SERVICES, INC.
Proposed Project Team
1) Project Team
Alona Bowman — Project Executive
Project Manager: Randy Ayala
Superintendent: Shiloh Davies
Safety Director: Mac Afras
2) Preconstruction:
- The preconstruction and Phase l (pre -construction & design) and Phase 2
(construction) will be lead primarily by the Project Executive (Alona Bowman), the
Project Manager (Randy Ayala) with support from the Assistant PM and project
Engineers. This team will attend all preconstruction design meetings and collaborate
directly with Clark and the AOR to work through all the constructability and design
challenges.
Execution (WIP)
- Once the project transitions out of the preconstruction phase and ready to be executed
in the field, the Project Manager (Randy Ayala) will assume the day-to-day
operational role to coordinate with the BEST and Clark field teams as it relates to
construction schedule. The Preconstruction team will continue to remain engaged on
the project and support Charlie and the field team
Closeouts
- Once the project is complete, the project engineers will work to ensure all closeout
documents and applicable warranties are submitted.
3) To ensure that communication will be maintained between the preconstruction and
execution phases, the Project Manager will remain fully engaged throughout all phases of
construction and work directly with the Project Manager (Randy Ayala), field teams and
project engineers.
19027 S. Hamilton Ave., Gardena, CA 90248
Tel: (310) 328-6969 Fax: (310) 328-9176
www.bestcontracting.com info@bestcontracting,com GSA Approved Contractor
An Equal Opportunity Employer
12-60
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To be an integral component of a progressive company and increase
compan-s productivity bn effectively contributing my knowledge
trairung and expenence.
WORK HISTORY
Januan- 2024 - Current
VP of Operations Bast Contracting Services. Gardena
• Managed large-scale projects. ensuring timely completion within
budget constraints
• Evaluated existing u-orkflow s to identify inefficiencies and propose
innovative solutions that enhance productivity across the
organization
• Delivered exceptional results in market expansion efforts bi-
identifying new territories, analyzing potential opportunities, and
establishing a strong local presence.
• Led orgaruzational restructuring initiatives to improve overall
efficiency, streamline reporting lines, and eliminate redundancies
while maintaining high employee morale and engagement levels.
• Fostered a culture of continuous improvement within the organization
by implementing best practices in operations management and
providing ongoing training for staff members.
• Instituted risk management protocols to proactively address potential
issues before they escalated into major problems affecting business
operations or customer satisfaction levels.
• Cultivated strong vendor relationships, enabling effective negotiation
on pricing and terms for better cost control.
• Oversaw inventory management, optimizing stock levels for
maxim= turnover without compromising availability- or customer
satisfaction.
• Identified opportunities for automation, leading to a significant
reduction in manual labor costs and increased efficiency.
• Developed cross -functional teams to foster collaboration, resulting in
increased productivity and performance.
• implemented data -driven strategies to identify- areas of improvement
and drive continuous process optimization.
• Mentored team members on best practices in operations management,
fostering a culture of continuous learning and growth within the
orgaruzation.
12-61
• Collaborated with sales and marketing teams to develop strategic
plans that align with company objectives, driving revenue growth
while minimizing operational complexities.
• Drove supplier performance improvements through regular
evaluations, feedback sessions, and the establishment of mutually
beneficial partnerships.
• Optimized supply chain management for improved product
availability, and reduced lead times.
• Championed lean manufacturing principles, reducing waste and
increasing overall output.
• Spearheaded quality assurance initiatives to ensure consistent deliver% -
of high -quality• products while minimizing production defects.
• Implemented an effective workforce planning strategy, balancing
staffing needs with budgetan- constraints while maintaining optimal
employee engagement levels.
• Enhanced operational efficiency by streamlining processes and
implementing cost -saving measures.
• Fostered new business through participation in trade shows and
initiating communications with prospective clients via phone and
email .
• Streamlined operations to maximize business efficiency and profits.
• Aligned organizational objectives with company mission to increase
business growth and integrate work strategies.
• Developed program to promote new managers from within, building
and maintaining cohesive leadership structure.
• Directed market expansions to propel business forward, meet
changing customer needs.
• Developed and implemented new strategies and policies in
collaboration with executive partners to establish and achieve long-
term business objectives, providing company- with strong and
sustainable organizational leadership,
• Shaped solutions and approaches by leveraging trends in customer
marketplaces and industries.
October 2021 - January 2024
Project Executive Best Contracting Services, Gardena, CA
• Facilitated communication berween departments and protect
stakeholders
• Coordinated meetings with clients, vendors, and internal teams to
facilitate smooth project progressions.
• Maintained a strong focus on quality assurance through regular
monitoring of deliverables against established benchmarks.
• Delivered projects on time and within budget by effectively managing
timelines and resources.
• Spearheaded process improvements that led to increased producti,,•iry
and reduced costs across multiple projects.
January 2015 . October 2021
Project Manager Best Contracting Services, Gardena, CA
• Responsible for Project Coordination and scheduling
• Developed project objectives b%- reviewing project proposals and plans
• Determined responsibilities by identifying project phases and
elements
• Determined project specifications by studying product design,
customer requirements and performance standards, completing
technical studies, preparing cost estimates
• Determined project schedule by studying project plan and
specifications
• Responsible for project schedule by monitoring day to day work and
project progress, coordinating activities and resolving problems.
• Successfully managed multiple projects simultaneously by prioritizing
tasks according to urgency. resource availability•. and alignment with
organizational goals.
• Planned, designed, and scheduled phases for large projects.
12-62
lanuar• 2010 - December 2014
Project Engineer Best Contracting Services, Gardena, CA
• Provided technical expertise throughout all phases of the project,
ensuring accurate execution of designs and specifications.
• Maintained records for each project and engineering discipline.
• Monitored installation of materials and equipment for compliance
with drawings and specifications.
• Developed detailed project plans to ensure timely completion and
deliverables were met.
• Identified technical risks within managed projects.
• Recommended improvements for design construction means and
materials based on field or changing conditions.
• Reviewed progress controls for project quality assurance.
January 2007 - December 2009
Assistant Superintendent Best Contracting Services. Gardena. CA
• Developed strong relationships with subcontractors, fostering
collaboration and smooth coordination of work efforts.
• Reviewed plans and inspected ongoing construction to keep work in
line «tith project goals.
• Improved project efficiency by streamlining processes and effectively
delegating tasks to team members.
• Assisted in scheduling inspections for job sites and projects.
• Facilitated conflict resolution between team members by mediating
disputes and fostering open communication channels among the
warkforce.
• Communicated and documented expectations to subcontractors
during weekly meetings.
• Reduced project delays by proactively identifying potential issues and
devising effective solutions in a timely- manner.
• Managed budgets. schedules, and resources for multiple construction
projects simultaneously, ensuring timely completion within budget
constraints.
Januan• 2003 - January 2006
Design Project Coordinator HSG 6- Partners And City `°eon
Pltilippines
• Co -Leads in designing marketable Retail and Commercial spaces from
drawing the ideas to creating visual presentations through the use
various computer software
• Heading the Iviaster planning of Anchor and Retail stores for
presentation and approval of the Brand Owners
• Project Coordination
• Performs few site visits and coordination during the whole project
implementation process
• Coordinates the design with the Client and the contractor to make
sure that the construction will not deviate, or at least would have the
least discrepancy from the approved design
• Design Detailing
• Supervises the Detailing Design team to ensure the delivery of
comprehensive Detailed Design drawing
• Supervised Set-up and Dismantling of Exhibtion Stands for events in
Exhibition Centers
• Responsibilities also indude Project Coordination with Project
Supervisors. Contractors. Subcontractors, Clients as well as Event
Organizers
• Interior Designer and Exhibition Stand Designerpackage to be
submitted to the Clients
12-63
• Responsible for all kinds of exhibit designs, presented proposals to
clients, who are interested in advertising their compam through the
use of interior and exterior design
• Setting up booths for permanent display Responsible for preparing
architectural drawings. In charge of octilar inspection 8_ canvassing of
materials
• Monitors and supervises on -going protects
• Prepares technical drawings and specifications for submittals
• Identified opportunities for continuous improvement in the design
process, incorporating best practices to optimize results.
• Facilitated open lines of communication between all parties involved
in a project, promoting a collaborative working environment
conducive to creativity and innovation.
EDUCATION
Tanuary 200
Bachelor of Science in Architecture
University of Santo Tomas, Philippines
• t8 Years of experience in Commercial and Private Projects.
• Bachelor s Degree in Architecture
• 15 Years of experience in Planning, Conceptualizing and Detailing.
• 15 Years of experience in Project Management and Administration
12-64
Education
Randy began his career in construction more than
High School
35 years ago in a family -run roofing business and
has since accumulated significant knowledge in
College
estimating and project management. Randy joined
BEST in 1997 as a foreman/superintendent in the
Licenses & Certifications
Single -Ply Division later becoming Project Manager.
His skill in simultaneously managing multiple crews
loumeyman Roofer Level Local 36 Roofers Union
installing various types of single ply systems (PVC,
Certification: NAVFAC Quality Control
TPO, EPDM) for federal, public and private sectors
Management, 10 Houv30 Hour OSHA Occupational
has been key in the successful completion of many
Safety & health Administration, Forklift, CPR\First
projects he has overseen for BEST.
Aid, Competent Person Fall Protection, Competent
Person Scaffold, and Aerial Work Platform
Core Strengths
Professional Experience Team management Independent
BEST Contracting, Inc. 1997-present Problem Solving Equipment and supply procurement
Project Manager, Foreman, Design inception Consulting architects
Superintendent Blueprint analysis Client relations
Anticipating problems Site surveys
Project Experience
Corona Norco USD Various Sites, Corona Norco USD,
Corona, CA
PM, Reroof located at 2065 Temescal Ave., Norco,
CA 92860 & 300 Buena Vista Ave., Corona, CA
92882 Start date: 11/18/2019 End date: 6/1/2020
$1,978,000.00
Chaffey Joint UHSD Districtwide, Chaffey Joint UHSD,
Ontario, CA
PM, Reroof Chaffey HS - 1245 N Euclid Ave, Ontario,
CA 91762 Alta Loma HS - 8880 Baseline Rd, Alta
Loma, CA 91701 Etiwanda HS - 13500 Victoria St,
Etiwanda, CA 91739 Los Osos HS - 6001 Milliken
Resumes
12-65
Ave, Rancho Cucamonga, CA 91737 Montclair HS -
4725 Benito St, Montclair, CA 91763
Colony HS - 3850 E Riverside Dr, Ontario, CA 91761
Start date: 5/21/2019 End date: 10/15/2019
$2,513,158.00
USPS Oakland P&DC, USPS, Oakland, CA
PM, Reroof located at 1675 7th St., Oakland, CA
94615 Start date: 7/1/2019 End date: 2/5/2020
$1,370,000.00
Inland Empire Headquarter Building, Inland Empire
Utilities Agency, Chino, CA
PM, Reroof at Reroof with PVC Roofing at Inland
Empire Headquarter Building. Completed 2/06/2018
$1,015,307.00
Nora Sterry ES, LAUSD, Los Angeles, CA
PM, Reroof at Reroof with Single Plyfor Nora Sterry
ES for $905,695.00 completed 10/8/2019
Resumes
12-66
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F�5�? INCORPORATED etc
~ttaSGfclalty coag
SHILOH DAVIES RESUME OF EXPERIENCE
SUPERINTENDENT ROOFING DIVISION
Shiloh began his career in construction more than 20 years ago, gaining experience in the
commercial, industrial and military/government sectors. Joining BEST in 2010, Shiloh is a team
leader with hands-on expertise installing various roofing systems and is noted for his detail -
oriented and advanced problem solving capabilities ensuring that each project is completed on
time and on budget. Additionally, Shiloh has certifications in NAVFAC Quality Control
Management, 10 Hour/30 Hour OSHA Occupations Safety & Health Administration.
Some of the projects Shiloh has worked on are:
Hearst San Simeon State Historic Monument North High School and South High School
Casa Grande Roof Replacement Auditoriums — Roof Repairs, Maintenance
Client: California Dept. of Parks & Recreation Client: Torrance Unified School District
Project Value: $2,027,904.00 Project Value: $1,117,206.00
NAVFAC Southwest —Point Mugu
Various Roof Repairs
Client: NAVFAC Southwest
Project Value: $1,890,070.00
Will Rogers Middle School
Measure L —Roofing Project
Client: Lawndale Elementary School Dist.
Project Value: $1,437,000.00
12-67
Siamak (Mac) Afrasiabi
32 Cherokee St. Trabuco Canyon, Ca. 92679
(310) 415-3073
siamakafrasiabi(a),msn. com
QUALIFICATIONS:
• ICC/UBC Certified Building Inspector
• CQC/ ARMY CORE OF ENGINEERS
• EM 385-I-1 Certificate CORPS 44
• EM 385-1-1 Certificate30 HR
• OSHA 500 CERTIFICATE
• OSHA 510 CERTIFICATE
• CALOSHA INSTRUCTOR CERTIFICATE
• CA Licensed General Contractor
• OSHPOD experience
• OSHA 30 HR Certificate
• Confined Space —Competent Person Certificate
• First Aid/CPR certification
• Management of Safe Work Environment
• Documentation Control; Submittals, Contracts and Specifications
EDUCATION:
• B.S. Civil Engineering: Houston, Texas, 1985
NAVFAC STAR AWARD CAMP PENDLETON, CA (2014)
PROFESSIONAL EXPERIENCE:
BEST CONTRACTING INC., DIRECTOR OF SAFETY
SAFECON CONSULTING GROUP, San Diego, CA
SSHO/CQC
MIRAMAR AIR STATION, SAN DIEGO, CA
Replace Roof, BLDG # 8671
CQC (ALTERNATE)/SSHO
May 2015- Present
October, 2012 - May 2015
Dec, 2014 — Jan 2015
CAMP PENDLETON, CA EMCOR/MESA ENERGY SYSTEMS February, 2014 — December, 2014
SSHO
Energy Investment Project. Area 23, Replace AC units and replace lighting with LED on six Hangars.
GRANITE/CALTRAIN, SAN FRANCISCO RAILROAD February, 2013 - December, 2014
EXPANSION PROJECT/SSHO
HIGH SPEED RAIL EXPANSION, NEW TRAIN STATION and improvement of the surrounding streets and
intersections.
AMEC/ VICTOR PHELAN SOLAR PROJECT
2013
12-68
SSHO
SOLAR FARMNICTORVILLE, CA
PRATT AND WHITNEY ROCKET DYNE/ C.W. DRIVER
CANOGA PARK, CA. SSHO
New multi structures construction and improvement to existing structures.
SAN DIEGO NAVAL BASE
SSHO
New casting and inject concrete into the Quay Wall between piers 3&4 below water line.
SAN DIEGO NAVAL HOSPITAL
SSHO
Building # 92: Renovation and Upgrade of electrical transformers.
2013
2013
2013
BARSTOW NAVAL BASE: September November, 2012
SSHO
Remove and replace with new 12000Sgf slab around building 573..
NEI ENGINEERING AND CONSTRUCTION, San Diego, CA April, 2012 — September, 2012
PORT HUENEME NAVAL BASE: OXNARD, CA
SSHO
Upgrade the base power supply and distribution from 4000volts up to 15000 volts and replace wiring and cables of the
base underground and over the ground transformers
OC SERVICE SYSTEMS, Newport Beach, Ca.
SUPERINTENDENT/SSHO
November, 2009 -- March, 2012
• Managed construction of FISKER automotive research and development building and three-story parking
structure, Anaheim hills, Ca. two months ahead of schedule
• Construction of two MRI suites, two control room/training rooms, conference room and changing rooms for
TOSHIBA OF AMERICA in Irvine, Ca
RIOPELLE DEVELOPMENT CO., Oceanside, CA
SUPERINTENDENT/SSHO
February, 2007 October, 2009
Efficiently managed reconstruction of MRI suite from start to finish following OSHPOD regulations for
TOSHIBA in Irvine, Ca.
Constructed a new MRI suite for UCI MEDICAL CENTER Orange, Ca
K-1 CONSTRUCTION, Trabuco Canyon, CA September, 2000 — December, 2006
Project Manager
• Commercial, Industrial And Residential
LIST OF PROJECTS, K-1:
Private practice medical building, OSHPOD standards in Newport Beach California.
Internet service provider facility in Irvine, CA
General contractor for Professional Community Management (PCM) in Orange County California, in charge
of making necessary repairs (road resurfacing, drainage, gutters, roof repairs, periodic inspections of the A/C
units, stair wells, entry doors and windows, separation walls, repair of interior and exterior of flood damaged
units) in Mission Viejo, CA
12-69
• General Contractor for Holiday inn hotel in San Clemente CA. performed renovations, repairs, and upgrades.
• Construction of residential elevator before the due date, within the estimated budget Laguna Niguel, CA
• Computer component manufacturing plant in Irvine, CA
12-70
CONTRACTORS
dca STATE LICENSE BOARD
�.. ,,..,.�.- ACTIVE LICENSE
ra.0- 4 56 . V Y CORP
�. BEST CONTRACTING SERVICES
NC
chand—v C39 B A C43 C17'
u
FV.t,D.. 05/31/2026 www cslb ca gov Z
12-71
James Miller
Board Chair
111::4 IREv. 12.07) %�OSv 07105460
STATE OF CALIFORNIA
Pursuant to Chapter 9 of Division 3 of the Business and Professions Code
and the Rules and Regulations of the Contractors State License Board,
the Registrar of Contractors does hereby issue this license to:
BEST CONTRACTING SERVICES INC
License Number 456263
to engage in the business or act in the capacity of a contractor
in the following classificationtst:
C39 - ROOFING
B - GENERAL BUILDING CONTRACTOR
A - GENERAL ENGINEERING CONTRACTOR
C43 - SHEET METAL
Witness my hand and seal this day,
August 20, 2010
Issued May 7, 1984
This license 1s the property of the Registrar of Contractors,
is not transferrable, and shall be returned to the Registrar
upon demand when suspended. revoked, or invalidated
for any reason. It becomes .raid if not renewed.
Stephen P. Sands
Registrar of Contractors
AUDIT NO 501462
12-72
ContracUnq S•Mces
e.mvown
�4tPJnO In the BuRdIng
BEST CONTRACTING SERVICES, INC.
METHOD OF APPROACH / PROJECT APPROACH
PROJECT APPROACH:
We confirm that we can perform all services requested in the Scope of Services for RFP NO. 25-06.
BEST's multidisciplinary approach to construction gives us expertise in a wide range of services and
the ability to dovetail them together. Our expertise in both roofing and waterproofing installation
enables us to deliver a superior product for a price that would be more competitive than completing
the projects separately. The success of these projects boils down to a collective effort in order to
define a scope of work which both fulfills the owners needs and satisfies all parties involved.
(Management Team) An expeditious close out process is reliant on a successful and a professional
system in place. The following would be an example of the team of professionals involved in the
project execution/close-out process as needed:
1. Administrative Team
• Contract Administrator — processes contract, changes orders and RFIs
• Warranty Administrator — processes close-out documents
• Payroll/Labor Compliance — ensures labor compliance
• Purchasing — processes purchase orders and receivers
• Accounting — processes billings, receivables and payables
2. Project Management
• Senior Operations Executive — oversees overall project performance
• Project Manager — main point of contact for construction and coordination with other trades,
procure materials, schedule manpower, materials and equipment, implements quality control
on -site
• Assistant Project Manager — similar duties to Project Manager
• Project Engineer — coordinate submittals, RFIs and other correspondence. Main point of
contact before construction.
• QC Manager — implements in-house Quality Control
• Safety Director — enforce company's IIPP and Code of Safc Practice
3. Preconstruction and Engineering Department
• Drafter — generates in-house shop drawings (as needed)
• Project Scheduler — generates project schedule
• Project Estimator — main point of contact until contract has been executed and transitioned
over to Project Management Team but will continue to be of support in an as -needed basis
throughout construction.
9027 S. Hamilton Ave., Gardena, CA 90248
1'el: (310) 328-6969 Fax: (310) 328-9176
vww.bestcontracting.com info@bestcontract ing,com GSA Approved Contractor
in Equal Opportunity Employer
12-73
S
Cont miling seryllm
�m
September, 9, 2024
City of Newport Beach
Public Works
100 Civic Center Drive
Newport Beach, CA 92660
Re: METHOD APPROACH/ PROJECT APPROACH
To Whom it May Concern,
Having carefully examined the bid instructions for City of Newport Beach On -Call Roofing Services 25-06, BEST
Contracting Services confines that we can perform all services requested in the Scope of Services.
We will not be utilizing any Contractor/Subcontracts on this contract.
We are familiar with the City of Newport Beach and have previously held the On -Call Roofing Contract
successfully since 2018. We are confident we can meet and exceed all expectations of the City of Newport Beach
over the next 5 years and beyond.
Thank you for this opportunity
Executed on September 9, 2024
BEST Contracting Services, Inc
Contractor Name Micheal Jimet :. , ervice Department Project Manager
BEST CONTRACTING SERVICES. INC
I W27 S Hamilton Ave Gardena, CA 90248 Tel (310) 328.6969 Far (310) 328-9176 E-Marl mfo@ja bestcontractmg com Kebsue
wiviv bestcontroctrng.com An Equot Opportunity Employer Contractors License 0 456263
12-74
EXHIBIT B
SCHEDULE OF BILLING RATES
Best Contracting Services, Inc. Page B-1 12-75
COST FILE
Rates are inclusive of all cost including, but not limited to labor, travel, supplies
(e.g. nails, tar, caulking, roofing cement, personal protective equipment, and
sundries), equipment, delivery and disposal in the performance of the prescribed
tasks.
LABOR TYPE:
REGULAR HOURLY
OVERTIME HOURLY
RATE
RATE
Supervisor — Regular Rate
$ 165.00 Per Hour
$ 220.00 Per Hour
Journeyman — Regular Rate
$ 150.00 Per Hour
$ 205.00 Per Hour
Laborer — Regular Rate
$ 140.00 Per Hour
$ 195.00 Per Hour
Roofer — Regular Rate
$ 150.00 Per Hour
$ 205.00 Per Hour
Other Services:
Description
Rate
Includes photos,
Roof Assessment Report
current roof conditions
$ 950.00 Per Report
and recommendations
Receipts are required
o
Total /o Markup:
Parts and Material Markup %
for reimbursement of
(Maximum 15%)
materials purchased
15 %
for projects
- "Overtime Rate" means Monday - Friday 5:00 pm - 7:00 am, Weekends and Holidays.
- All rates subject to comply with Prevailing Wage requirements and subject to
Department of Industrial Relations (DIR) certified payroll submission.
- Rates are inclusive of materials. Any reimbursements for unanticipated and pre -
approved costs will require a receipt with a maximum 15% markup allowable. City shall
not consider reimbursement for materials charged to City without otherwise providing
proof of material cost.
- Contractor invoices for on -call services shall detail cost broken down by laborer hours
and title, equipment hours, and material quantities. City shall reserve the right to
validate quality, quantities, and effort of work performed prior to approval and payment
of invoices.
- All unowned specialty tools and rental equipment needed for on -call repairs shall be
approved prior to the work, substantiated with rental company receipts for invoicing
(example: scissor lifts, boom lifts, cranes, etc.), and shall be charged at cost.
12-76
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
Best Contracting Services, Inc. Page C-1 12-77
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance
or an installation floater as directed by City, covering damages to the Work
for "all risk" or special causes of loss form with limits equal to 100% of the
completed value of the Agreement, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement
for such coverage may include additional protection for Earthquake and/or
Flood. City shall be included as an insured on such policy, and Contractor
shall provide City with a copy of the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance., Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
Best Contracting Services, Inc. Page C-2 12-78
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
Best Contracting Services, Inc. Page C-3 12-79
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Best Contracting Services, Inc. Page C-4 12-80
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Best
Contracting Services, Inc. hereinafter designated as the "Principal," an agreement for
roofing maintenance and/or repair services, in the City of Newport Beach, in strict
conformity with the Agreement on file with the office of the City Clerk of the City of Newport
Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and, _____
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
Best Contracting Services, Inc. Page D-1 12-81
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
0
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Best Contracting Services, Inc. Page D-2 12.82
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 _ } ss.
On , 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of 3 ss.
On _ , 20 before me, ,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Best Contracting Services, Inc. Page D-3 12-83
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Best
Contracting Services, Inc. hereinafter designated as the "Principal," an agreement for
roofing maintenance and/or repair services in the City of Newport Beach, in strict
conformity with the Agreement on file with the office of the City Clerk of the City of Newport
Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Best Contracting Services, Inc. Page E-1
12-84
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
0
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Best Contracting Services, Inc.
Page E-2
12-85
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 -------- } ss.
On , 20 before me, ,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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.
(seal)
State of California
County of ---- ) ss.
On ------- , 20__ before me, ,
Notary Public, personally appeared ,
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Best Contracting Services, Inc. Page E-3 12-86