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HomeMy WebLinkAboutC-5298 - M/RSA for Balboa Yacht Basin Restroom Tile RestorationMAINTENANCE AND REPAIR SERVICES AGREEMENT WITH CBM SERVICES, INC. FOR BALBOA YACHT BASIN RESTROOM TILE RESTORATION THIS MAINTENANCE AND REPAIR SE$ S GREEMENT ( "Agreement") is made and entered into as of this jD� day of 012 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and CBM SERVICES,INC., a California corporation ( "Contractor "), whose principal place of business is 1342 Bell Avenue, Suite 3N, Tustin, CA 92780, 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 repair services for the Balboa Yacht Basin Men's and Women's Restrooms ( "Project"). C. Pursuant to the authority conferred to City as a charter city under California Constitution, Article XI, Section 5, the City hereby exempts this Project from the payment of prevailing wages because the funds used to finance this Project are local funds and this Project is a matter of local concern. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1a TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on February 13, 2013, unless terminated earlier as set forth herein. 2. SCOPE OF WORK 2.1 City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Contractor shall perform all the work described in the Scope of Work & Rates, attached hereto as Exhibit A and incorporated herein by this reference ( "Services' or "Work "). As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest industry standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest industry standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 31 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. The failure by Contractor to strictly adhere to the schedule 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 Contractors 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 to the other party within two (2) calendar days of the occurrence of the delay 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 in Section 6 below) 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 Contractors 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 41 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 Exhibit A. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractors total compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Five Thousand. Nine Hundred Thirty -Six Dollars and 00/100 ($5,936.00) without written amendment to the Agreement. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name of the person and /or classification of employee who performed the Work, a brief description 'of the Services performed and /or the specific task from the Scope of Work attached hereto 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) days after approval of the monthly invoice by City staff. CBM SERVICES, INC. Page 2 4.3 City shall reimburse Contractor only for those costs or expenses specifically approved in the Scope of Work and Schedule of Rates attached hereto. Unless otherwise approved, such costs shall be limited and include nothing more than the actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.4 Contractor shall not receive any compensation for Extra Work without the prior written authorization of. City. As used herein, "Extra Work" means any work that is determined by the Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Scope of Work and which the City and Contractor did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the rates set forth in Exhibit A. 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 John Wellington to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any key 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 this 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 Harbor Resources Division. Shannon Levin, Harbor Resources Supervisor, or her designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 7.1 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. 7.2 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 highest industry standards. 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 and all applicable federal, state and local laws and the industry standard. CBM SERVICES, INC. Page 3 7.3 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. 7.4 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, lockouts, accidents, or 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. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 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 properly 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. 8.2 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 the Contractor. 8.3 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, attorney's 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). 8.4 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 attorney's 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 CBM SERVICES, INC. Page 4 limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8.5 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. 8.6 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. 3.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR It is understood that City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees or agents of the City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this 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 the 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. 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 the Contractor on the Project. 11. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with the 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. i U.F Contractor is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress CBM SERVICES, INC. Page 5 of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 13. 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 of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference. 14. 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. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. 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.. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the 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. 16. OWNERSHIP OF DOCUMENTS Each and every report, draft, 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. CBM SERVICES, INC. Page 6 17. CONFIDENTIALITY All Documents, including drafts, 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. i !' 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. 19. 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. 20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 21. CONFLICTS OF INTEREST 21.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 21.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. CBM SERVICES, INC. Page 7 22. NOTICES 22.1 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, to City by Contractor 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. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Shannon Levin, Harbor Resources Supervisor Harbor Resources City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Phone: 949- 644 -3041 Fax: 949 - 723 -0589 22.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: John Wellington CBM Services, Inc. 1342 Bell Avenue, Suite 3N Tustin, CA 92780 Phone: 714- 258 -8680 Fax: 714 - 258 -8690 23. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under the 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Agreement, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Government Claims Act (Govt. Code §§ 900 et seq.). 24. TERMINATION 24.1 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 CBM SERVICES, INC. Page 8 notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 24.2 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 thirty (30) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased and Documents created in performance of this Agreement. 25. LABOR 25.1 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, of seq.). 25.2 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. 25.3 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, 25.4 To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorney's 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. 26. STANDARD PROVISIONS 26.1 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. 26.2 Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 26.3 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 Contract or implied covenant shall be held to vary the provisions herein. CBM SERVICES, INC. Page 9 26.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shall govern. 26.5 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. 26.6 Effect of Contractor's Execution. Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Work. 26.7 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. 26.8 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, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 26.9 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. 26.10 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. 26.11 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 26.12 Counterparts. This Agreement may be executed in two 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] CBM SERVICES, INC. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S O FICE Date: 111 L/17- Aaron "arp b lI-Z City Attorney ATTEST: h Date: �- U By: "i , Ont:= Leilani I. Brown City Clerk Attachments: A 12-00361 CITY OF NEWPORT BEACH, a California municipal corporation Date: By: David A. Webb Public Works Director CONTRACTOR: CBM SERVICES, INC., a Califor is corporation Date: �l�(�iilZ By: v�Vl. 4 Alan Plotkin Chief Executive Officer Dal By: [END OF SIGNATURES] Exhibit A — Scope of Work & Rates Exhibit B —Insurance Requirements CBM SERVICES, INC. Page 11 EXHIBIT A SCOPE OF WORK & RATES The Balboa Yacht Basin men's and women's restroom and shower tiled areas will be repaired and resurfaced. The tile and grout lines will be steam cleaned then sealed using the Saniglaze treatment. Service: SaniGLAZE Men's Restroom Labor: SaniGLAZE Men's Restroom Balboa Yacht Basin Total: $ 2,968.00 Women's Restroom Balboa Yacht Basin Total: $ 2,968.00 • it .► r • ►. • • ' + + Preparation of the Job Site City shall clear the areas where Work is to be performed from any furniture, rugs, vases, plants, etc. Should some moving by Contractor be necessary, Contractor shall not be responsible for damage occurring to any of City's property. Further additional charges may be added to the compensation for such services. Should City decide to leave belongings in any of the areas where Work is being performed, Contractor shall not be responsible for resulting damage. Contractor shall mask off areas that could be damaged by Work or splatters resulting from grouting, grinding, honing, and polishing; however, Contractor shall not be responsible for any damage caused by water going through cracks in wall, floor, or into any room underneath the room where the Work is being performed. Natural Stone Maintenance Procedures RESTORATION, Simple restoration (refinishing) of stone involves the process of honing its surface by using abrasive means of a different nature. The very top of the stone surface will be filed away thus eliminating all etchings and almost all scratches that make the stone look dull. The process, however, doesn't go very deep; therefore deep scratches and nicks will not be eliminated. Further, due to circumstances beyond any possible control, a few scratches may be generated during the honing itself, and won't show until the job is finished. All of this will not detract in any way from the overall quality and look of the finished job. CBM SERVICES, INC. Page A -1 POLISHING, This process is meant to produce a gloss as high as possible on the stone surface. Polishing already installed stone whether on a floor, wall, shower enclosure, vanity or kitchen countertop involves the use of equipment and techniques quite different from the ones used in the stone processing plant. Consequently, the original finish cannot be exactly duplicated. GRINDING, The grinding of a stone floor will be followed by honing and possibly polishing. The grinding step is a procedure designed to level all components of the floor (stone tiles, or cut -to -size slabs) so as to be flush with one another. All lippage, nicks and deep scratches will be eliminated. Because of the considerable amount and strength of the vibrations typical of a grinding machine, some of the components of the floor (tile or cut -to -size slabs) may become loose and / or crack. This is solely due to poor installation of said components, therefore Contractor cannot be held responsible for the damage, and the extra cost to replace or re -set such components shall be worn by the Client. Such an event, however, is to be considered an extremely rare occurrence. GENERAL LIMITATIONS, All grinding, honing and polishing machines used by Contractor work on a rotary mode, therefore corners can not be ground, honed or polished. The machine will also miss 2 or 3 inches along the intersection of walls and floors as well. The scope of a restoration job, however, is to restore the damaged part of the stone installation to a finish as close as possible to the original one produced by the factory, not to "restore" areas where the factory finish is still unscathed. In the vast majority of instances — especially in the case of a polished stone floor — the edges along the wails and the comers of a room hardly require any restoration, since they were never subject to the actions (mostly foot traffic) that generate wear and tear. By the same principle, stone baseboards will not be a part of the restoration contract. In the case of a counter top the same limitations will apply and are to be extended to any possible existing obstacles (faucets, etc.). Contractor's employees are trained not to grind, hone or polish the very end of a stone surface, when this end is adjacent to a material of a different nature from the one object of this Agreement (wood, ceramic, metal, carpet, stone of a different geological classification, etc.). The procedure of grinding, honing and polishing are used to process the surface of the stone, and are not meant to affect the grout. during the polishing phase, however, in many instances the grout will become clean, but Contractor does not offer any guarantee, written or implied on this subject. Under some circumstances, due solely to poor quality installation, some grout will become loose during the process of grinding and / or honing. Contractor shall not be responsible for such an occurrence, nor shall it be obligated to replace the missing grout. Further, should the grout be missing or become loose, the water necessary to perform the job may find its way under the pieces of stone. In the case of Serpentine based stone (green marble), and /or certain other types of marble, the consequent migration of moisture from underneath the stone through its core, may produce any alien by- product (an inorganic salt) known as efflorescence. Contractor shall not be responsible for such an occurrence, nor shall it be obligated to clean the efflorescence off. CBM SERVICES, INC. Page A -2 At the end of a floor - refinishing job some darker areas may show due to the non- uniform degree of absorption of water by the stone. This is a normal occurrence, it is not damaged, and such darker spots will disappear within a period of time spanning from a few hours to a few weeks. If the Agreement includes the restoration of a marble shower - stall, the ceiling of the stall will not be part of the Agreement. Also, soap -dish and corner - shelves will not be restored. Contractor agrees to undertake all work diligently in accordance with high quality standards and practices, and in compliance with any applicable Building Code and all other authorities having jurisdiction. City accepts that there may be inconveniences from time to time, and Contractor agrees to keep such inconveniences to a reasonable minimum. It is the responsibility of the City to take reasonable steps to provide a work area free of obstructions, and to remove or protect items in areas where it may be reasonably anticipated by the City that they may be subject to dust, damage or vibrations. Contractor agrees to keep the site orderly and reasonably free of debris. It is necessary for Contractor to keep tools, equipment and product on -side, until completion of the Project. At the completion of the Project, Contractor shall clean the appropriate work area and leave it fit for use. All equipment, materials, rubbish and similar material incidental to the project shall be removed by Contractor. Contractor cannot install, move, repair, or reinstall plumbing fixtures, stoves, kitchen equipment, or other fixtures. Contractor shall not be responsible for any consequences resulting from excessive minerals in on -site water or for any leaks or any other water related problems. The responsibility for the provision of water, electricity, and lighting to meet work and worker requirements will rest with City. Work will generally be performed whenever occupant levels are lowest. Contractor must be allowed access to work area. Work area must be made inaccessible to occupants while Contractor is working and for at least four (4) hours after Work has been completed. Floors must not be cleaned during treatments and for four to five (4 -5) days after work has been completed. Cleaning guidelines will be provided to City by Contractor. Guidelines must be adhered to in order to maintain the Integrity of the treatment. Any labor or materials not specified on this Exhibit A are subject to additional charges, including but not limited to installing tile or borders, re- stretching carpet or installing tack strips. Rates are subject to change if the size and/or scope of the work changes and CBM SERVICES, INC. Page A -3 additional fees may be charged to City if Contractor cannot access work areas during approved pre - scheduled dates with less than 24 hours notice. Clean and Seat Tile Addendum (Clean and Seal Only) A Clean and Seal Tile treatment may or may not provide uniform results with respect to the grout lines. The goal of a Clean and Seal is to thoroughly clean and sanitize the entire floor surface. However, it may not be possible to remove stains, discoloration, or difficult set in stains from porous /sanded grout. Grout lines are very porous and highly susceptible to staining from liquids, cleaning methods, or foot traffic in general. Grout discoloration can also occur for several other reasons including: poor installation techniques, efflorescence, and improperly cured setting beds. Lastly, cleaning can also expose cracking or chipping of the grout lines and other related issues that may or may not be visible prior to the treatment. CBM SERVICES, INC. Page A -4 I., INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR 1.1 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. 1.2 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. 1.3 Coverage Requirements. 1.3.1 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. 1.3.1.1 Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 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 the 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 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: CBM SERVICES,INC. Page B -1 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers 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. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability (if required), shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 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. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 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 kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Right to Review Subcontracts. Contractor agrees that upon request, all contracts 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 contracts will not impose any liability on City, or its employees. 1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.5 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, CBM SERVICES,INC. Page B -2 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. 1.5.6 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. 1.5.7 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. 1.5.8 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. 1.5.9 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. OEM CBM SERVICES,INC. Page B -3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 11/21/12 DeptdContact Received From: Tania Date Completed: 12/3/12 Sent to: Tama By: , Remo Company /Person required to have certificate: CBM Services Inc. Type of contract: All Other GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7123/12 to 7/27/13 A. INSURANCE COMPANY: Great American Assurance Co B. AM BEST RATING (A-: VIl or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? E. ADDITIONAL INSURED ENDORSEMENT— please attach F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? J. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? K ELECTED SCMAF COVERAGE (RECREATION ONLY): L. NOTICE OF CANCELLATION: 11, AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 7/27/12 to 7127/13 E Yes ❑ No $1,000,OOU / $2,000,000 E Yes ❑ No 101 ■ E Yes ❑ No E Yes 0 No E Yes ❑ No ❑ Yes E No E N/A © Yes © No ❑ N/A E Yes ❑ No A. INSURANCE COMPANY: Peerless Insurance Company B. AM BEST RATING (A-: VII or greater) A; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) {What is limits provided ?} N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): E N/A © Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A 0 Yes E No K NOTICE OF CANCELLATION: ❑ N/A E Yes © No III. VV0RKERS'C0MPFNGATON EFFECT|VE}EXP|RAJ'|ON[B\T£: 10/16/12 to 10/16/13 A. COMPANY.i Republic Underwriters Ins. Co 8� AN> BEST RATING (8-:m|cxgreator): C. ADMITTED Company (Must bm California Adnitted): 23 Yes FlNo D. VV0RKERS`CVWYPENSAT|DN LIMIT: Statutory 0 Yes FlNu E. EMPLOYERS' LIABILITY LIMIT (Must be$1N1urgreater) $1,000,000 F. WAIVER 0F SUBROGATION (To indude): |aitincluded? 0Yoo []No G� SIGNED VVORKER8'CDMPENSAT|8N EXEMPTION FORM: RNV\FlYeoF7Nu M� NOTICE OFCANCELLATION: El N/A M Yes F1Nu ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V BUILDERS RISK 0NIA El Yes FlNo EQ N/A El Yes F1 No 12/3nl Agent of/UUant Insurance Services Date Broker uf record for the City uf Newport Beach --- ---^~^'~-`-` ----------------- ---- ^—~------------------ ^—^^^ ------------------ ~~^'~-- ------ — --- -~`~~---^^~^^~^^^^^^^~-- RISK MANAGEMENT APPROVAL REQUIRED Non-admitted carrier rated less thmn ; Self Insured Retention ur Deductible greater than > F1 NIA El Yes [lNu Reason for Risk Management Risk Management * Subject to the terms of the contract. Date OP ID: EM CERTIFICATE OF LIABILITY INSURANCE DAT 12 /03 12!031112 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 949- 419 -2100 ISU IDS Svcs of Irvine LLC 18022 Cowan Suite 225 949 -955 -1478 Irvine CA 926114 Greg Locy CONTACT NAME: Sue Martino PHONE E 849.419 -2126 Fac, No): 949- 955 -1476 LAIQ. E{I1AIL __- artln0 ISUINIn e.COm PRODUCERSm Cu$TOMERIO #: CBM_SE -1 INSURERIS AFFORDING COVERAGE NAIL# INSURED CBM Services, Inc. 1342 Bell Avenue #3N Tustin, CA 92780 INSURERA: GreatAmerican Assurance Cc 26344 INSURERS: Peerless Insurance Com party INSURER c: Torus National Ins. Com pany EACH OCCURRENCE INsuRERD: Republic Underwriters Ins. Co. PREMISes Ea occurrence INSURER E A INSURER F : X COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR R TYPE OF INSURANCE O B POLICY NUMBER MMIDD E MIAMO YEYYY LIMITS GENERAL-LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISes Ea occurrence $ 300,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR X X GLP2101414 07127112 07127/13 RED EXP(Anyone person) $ Excluded PERSONAL &Arm H,JURY $ 1,000,000 X $5,000 Ded GENERA-AGGREGATE $ 2,000,00 GEN'L AGG REGATELIMIT APRIL IES PER. PRODUCTS - COMFROP AGG $ 2,000,000 PDLICY X PRO- .LOG $ B AUTOMOBILE X LIABILITY ANY AUTO BA8917879 07/27!12 07127/13 COMBINED SINGLE LIMIT (Ea acddont) $ 1,000,000 BODILY IN.URY(Perperson) $ ALL OWNEDAUTOS BODILY INXRY(Par accident) $ SCHEDULED AUTOS HAZED AUTOS PROPE AGE (Parapaitlenident) n $ $ NON- OWNEDAUTOS UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 6,000,000 C X EXCESS UAB CLAIM -MADE 85094D120AL1 07127/12 07127113 IDEDUCTIBLE $ $ X RETENTION $ 10000 D WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY ANY PROPWETORPARTNERIEXECUTIV'e YIN OFRCERNEMBER EXCLUDED? ❑Y (Mya�ndatory in NH) NIA X TWO0146700 10/16112 10116113 X I TWO STATU- OTH- TORY LIMITS R E. L. EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 CRh'TI IDESON OF OPERATIONS below E.L.DISEA8E-POLICYLIMn $ 1,000,00 1DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Ramarks Schedule, if more space is required) *30 days notice of cancellation except 10 days notice for non - payment of premium. City of Newport Beach and Its officers, officials, employees, and agents are named as additional insured as respects to General Liability pper form CG20330704 and CG20370704. General Llbility, Wavier of Subroggation per form CG24040509. Insurance is Primary perform GAC3649CG1106. CITYNEW City of Newport Beach 3300 Newport Beach Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. a ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD OP 10: EM A R °' CERTIFICATE OF LIABILITY INSURANCE DATE 10118Dxiryr) 1Dn6n2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 949.419 -2100 ISU ins Svcs of Irvine LLC 18022 Cowan, Suite 225 949-955 -1478 Irvine oc 82814 Greg y conrncr - NAME. Sue Martino Ar fy 949.419 -2126 _ LAIC No): 949 -955 -1478 ADDRESS: Smartino @isuirvine.com PRODUCk'ii USTOME CBMSE -1 _ ..„, ..._ INSURERE) AFFORDING COVERAGE NAICA INSURED CBM Services, Inc. 1342 Bell Avenue #3N Tustin, CA 92780 _ INSURERA:GreatAmerican Assurance Cc 26344 INSURERS Peerless Insurance Corn PAY vsuRERc:Torus National Ins, Comlpan INSURER D: Republic Underwriters Ins. Co. EACH OCCURRENCE_ _INSURERS A INSURER F; __...., ...rv_ X COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILT TYPE OF INSURANCE POLICY NUMBER MM/DDM'YY MMAONVXYY LIMITS GENERAL LIABILITY EACH OCCURRENCE_ $ 1,000,000 A x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1K OCCUR X X GLP2101414 07727/12 07/27/13 pREMISEB Ea oawrsnra $ 3_00,00 MED EkP(Any one oorsan) $ Exclude X 85,000 Ded PERSONAL a AOV lu VRY $ 1,000,00 GENERAL AGGREGATE $ 2,000,0 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPX)RAGG $ 2,000,000 POLICY X PRO- LOC $ B AUTOMOBILE x -- UABILITY ANY AUTO BA8917879 07127/12 07/27/13 COMBINED SINGLE LIMIT (Ea academy $ 1,000,00 BODILY INJURY (Per porson) $ ALL OANEDAtTOS SODII-Y NXRY G. m CMo,,N $ SCHEDULED AUTOS HIREDAUTOS PROPERTYOAMAGE (PeraccidenU $ $ NON- OWNEDAUTOS $ UMBRELLA LAB x OCCUR EACH OCCURRENCE $ 5,000,00 X AGGREGATE $ 5,000,00 C EXCESS LAB CLAIMS -MADE 5094D120ALI 07/27112 07127113 DEDUCTiaLE $ X $ RETENTION $ 10000 D WORKEft3 COMPENSATON ANOEMPLOYERS'LIABILITY ANY PROPRIETORIPARTNEREXECUTIVE YIN OFTICERNEMBER EXCLVOF. DR Y� NIA TWO0146700 10/16/12 10/16113 x WC STATV- DTH- TORY LIMIT R _ EL. EACH ACCIDENT g 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 (MancIlo NH) Il yyass, desaibo uWer DESCRPTIONOF OPERATIONS be. 'e. L. DISEASE - POLICY LIMIT -'- $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCAnONS I VEHICLES (Attach ACORD 101 Additional Remarks Schedule, If more space is required) 30 days notice of cancellation except 1.0 days notice for non - payment of premium, City of Newport Beach and Its officers, officials, employees, and agents are named as additional Insured as res ects to General Liability or form r orm CG24040509 Csurance Is PGimarat er form Wavier gatlon City of Newport Beach 3300 Newport Beach Newport Beach, CA 92663 ACORD 25 (2009/09) CITYNEW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1988 -2009 ACOR'. the ACORD name and logo are registered marks of ACORD reserved. NOTEPAD OBMSE -1 PAGE 2 3NSUREUS NAME C+BM Services, Inc. aQ ID: EM DATE 10118142 NAMED INSURED; CBM Services, Inc. CG 20 33 PDLICY NUMBER: CLP2101414 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLCY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEEo OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTIRUVION AGREEMENT WITH YOU Thh andorsement modfias insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION It - WHO IS AN INSURED is amended to include as an Additional Insured any person or organization for wfiom you are performing operations when you and such person or organzatlon have agreed in writing In a contract or agreement that such person or organization be added as an Additional in- sured on your policy. Such person or or- ganization is an Additional Insured only with respect to liability for 'bodily Injury," "prop- erty damage" or "personal and advertising in- jury" caused, in whole or in part, by: t, your acts or omissions; or 2. the arts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the Additional Insured. A person's or organizatlon's status as an Ad- ditional Insured under this endorsement ends vrtien your operations for that Addi anal In- sured are completed, B. With respect to the insurance afforded to these Additional insureds, the following addi- tional exclusions apply: This insurance does not apply to: 1. "Bodily injury," "property damage" or "per- sonal and advertising injury° arising out w the rendering of, o• the failure to render, any professional architectural, engineering or surveying services, including: a, the preparing, approving, or failing to prepare or approve, maps, shop drawings, op'nions, reports, surveys, fold orders, oLwge orders cr draw- ings and specifications; or b. supervisory, inspection, architectural or engineering activities, 2. "Bod'ly injury," or "property damage" oc- curring after. e. all work, including materials, parts o• equipment furnished in connection with such wcrk, on th.e project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional nsured(s) at the location of the covered operations has been completed; or that portion of "your work' out of which the injury or damage areas has teen out to its intended use by any person or organization other than an- other cordractcr or subcontractor en- gaged in performing operations for a principal as a part of the same project Copyright, ISO Prooertlas, Inc., 2004 CG 20 33 Ed 07104) XS CG 20 37 NAVIED INSURED; CBMSendces, Inc. {Ed. 07 04j POLICY NUMBER: GLP2101414 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OVIRERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endo-san:ant modifies Insuranea prov,ded under the blpwing: COMMERCIAL GENERAL LIABILITY COVERAGE PART" Schadde Name of Additional Insured Parson(s) or Orgenlzationisl: Locatia® and Description of Completed Operations: Any person or organization for whom or on whose behalf "you" are performing operations when "you" and such person or organization ha\e agreed in writing in a contract or agreement Informdien required to complete :his Schedule, if not shown wove, will be shown In the Declarattons S8TIC N It - WHO IS AN WUREO Is amended to incinds is an Additional Insured the parsonlsi or organizaBonlsj shoe rr n to Schedule, but only with respect to Ilabl /ty for "toddy Injury' or 'property demags' caned, In whole or In part, by "your work° at the location designated aid dewrbed in the whedcla of this endorsement performed for that Additional Insured and Included In the "products --oonp §tad operations hazard" Copyright, ISO Propirfes, Inc, 2004 CC 20 37 IEd, 071041 PRO (Page I of tl CG 24 04 (Ed 05 09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule Name of Person or Organization: Any person or organization for whom or on whose behalf "you" are performing operations when "you" and such person or organization have agreed in writing in a contract to waive any right of recovery "we" may have against such person or organization. I information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV - CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make fo, injury or damage rising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products — completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. Copyright, ISO Properties, Inc., 2008 CG 24 04 (Ed 05(09) PRO (Page 1 of 1) GAC 364SCG (Ed. 11 06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON - CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non — contributory. GAC 3649CG (Ed. 11/06) XS