Loading...
HomeMy WebLinkAboutC-4233 - Contract for M/RS for Police Facility RoofCONTRACT WITH COMMERICAL ROOF MANAGEMENT, INC. FOR MAINTENANCE/REPAIR SERVICES FOR POLICE FACILITY ROOF THIS CONTRACT is made and entered into as of this �30 day of June, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City ( "City"), and COMMERICAL ROOF MANAGEMENT, INC., a California Corporation, whose principal place of business is 23282 Peralta, Laguna Hills, California 92653 ( "Contractor"), 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 is planning to conduct preventative roof maintenance at the City's Police Facility located at 870 Santa Barbara. C. City desires to engage Contractor to perform the necessary preventative roof maintenance and repairs ( °Project "). Contractor has agreed to perform the Project, over a ten working days period, commencing on July 6r', 2009. 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: SCOPE OF WORK Contractor shall perform all the services described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first Gass work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and fumish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 2. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Contractor shall complete the Work within the time set forth in this Section. The failure by Contractor to meet this deadline may result in termination of this Agreement by City and assessment of damages as outlined in Section 2.1. DEADLINE FOR PROVISION OF SERVICES: JULY 20, 2009 2.1 The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should the Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the work called for in this Agreement on the date outlined above, Contractor agrees to the deduction of liquidated damages in the sum of Seventy -Five Dollars and 001100 ($75.00) for each calendar day beyond the date scheduled for completion provided in Section 2 of this Agreement assuming that the Contractor has access to the space on July 6, 2009 as described herein. Execution of this Agreement shall constitute agreement by the City and Contractor that Seventy Five Dollars and 00 /100 ($75.00) per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 3. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment the sum of Twenty -Five Thousand Six Hundred Thirty Dollars and 001100 ($25,630.00). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. The City shall make full payment to Contractor no later than thirty (30) days after completion and acceptance of the project. 4. ADMINISTRATION This Agreement will be administered by the Police Department. Lisa Newman shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 5.1 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 unless approved in advance by the City Administrator. 5.2 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. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 6. RESPONSIBILITY FOR DAMAGES OR INJURY 6.1 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 2 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 subconcontractors, or its workers, or anyone employed by either of them. 6.2 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. 6.3 Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against: (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damage, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement; (2) use of improper materials in performing this Project including, without limitation, defects in workmanship or materials and /or design defects; and/or (3) any and all claims asserted by Contractor's subconcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 6.4 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 6.5 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. 6.6 Nothing in this section shall be construed as authorizing any award of attomey's fees in any action to enforce the terns of this Agreement, except to the extent provided in Section 6.3 above. 6.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. 7. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees 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 terns of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 3 8. 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 the Contractor on the Project. p�1:691] 71.L«I� 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit or performance of any work. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Reguirements. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coveraoe. Contractor shall maintain automobile insurance 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 occurrence. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. G. Additional 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. 10. BONDING Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit B which is incorporated herein by this reference; and a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total 5 amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibits C which is incorporated herein by this reference. 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. The Contractor shall deliver, concurrently with execution of this Agreement, 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 Sate of California. 11. PREVAILING WAGES 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 at 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 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. 12. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 13. 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 Contract. 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. 14. CONFLICTS OF INTEREST 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 Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 15. NOTICES All notices, demands, requests or approvals 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: Lisa Newman Police Department City of Newport Beach 870 Santa Barbara Newport Beach, CA, 92660 Phone: 949 - 6443655 Fax: 949 - 644718 -1055 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Chad Beveridge Commercial Roof Management, Inc. 23282 Peralta Laguna Hills, CA 92653 Phone: (949) 859 -9009 Fax: (949) 859 -1130 16. TERMINATION 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, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement. 17. 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. 18. 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. 19. INTEGRATED AGREEMENT 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. 20. CONFLICTS OR In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govern. 21. 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. 22. 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. 23. 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. 24. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFI OF THE CITY ATTORNEY e Aaron C. Harp, Assistant City Attorney for the City of Newport Beach AT By City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Johnrein Chi of Police for he City of Newport Beach Commercialof na ment i' // By:y" Chad I Vice P By: Name: Title: Attachments: Exhibit A - Scope of Services Exhibit B - Labor and Materials Payment Bond Exhibit C - Faithful Performance Bond 9 EXHIBIT A April 10, 2009 Lisa McBroom Newport Beach Police Dept. 870 Santa Barbra Newport Beach CA Regarding: Roof repairs, and coating. Lisa: Commercial Roof Management proposes the following scope of work at the above referenced property: • Install new Trafbloc walk pad material at the existing damaged walk pad locations. • Wedge the existing conduit away from the parapet wall to allow the coating installation. • Coat the perimeter parapet wall after being cleaned with an algaecide. • Remove the deck drain clamp rings and sealant at the four drains located along the west wall. Install new modified Veral at these locations. Re- install the clamp rings and sealant. • Coat the deteriorated roof areas per our meeting with acrylic coating. The areas will be surfaced with grey colored coating to reduce glare. All areas that receive coating except the parapet wall will have silica sand added to the final coat to provide a non -skid surface. • Install one layer of polyester into acrylic coating at the four drain locations along the east wall. • Install Veral at the ponding locations at HVAC units #1, #27, and range duct. • Repair the damaged Veral at the Property Condenser near the roof access stairwell with acrylic mastic and webbing. • Install new Trafbloc walk pad material at the two hose bib locations. • Coat the stairwell penthouse slope section with acrylic coating and install Veral at the base of the penthouse where it is currently deteriorated and ponding. • Remove and replace the sealant and backer rod at the panel joints (24) around the building as needed. The areas of the panel joints that are deteriorated range from three to ten feet. Most are about five feet total per joint. EXHIBIT A Commercial Roof Management can provide all of the labor and materials needed to complete these repairs for the amount of 25,630. This cost includes a materials and labor bond. Please contact Commercial Roof Management at (949)859 -9009 with any questions. Respectfully, COMMERCIAL ROOF MANAGEMENT, INC. Chad Beveridge Vice President CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to COMMERICAL ROOF MANAGEMENT. INC. hereinafter designated as the "Principal;' a contract for the ROOF REPAIRS, COATING, located at 870 SANTA BARBARA in the City of NEWPORT BEACH, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of $25,630.00 lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 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 3181 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 3247 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of 2009. Name of Contractor (Principal) Authorized Signaturemtle Name of Surety Address of Surety Telephone Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 2 CITY OF NEWPORT BEACH BOND NO. The premium charges on this Bond is $ being at the rate of $ thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to COMMERICIAL ROOF MANAGEMENT. INC. hereinafter designated as the "Principal," a contract for the ROOF REPAIRS, COATING, located at 870 SANTA BARBARA in the City of NEWPORT BEACH, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and , 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 $25,630.00 lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, finely by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. e 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 2009. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED E Cmercialull of 1,111 ana�gem nt 23282 Peralla Drive Laguna Hills, CA 92653 RECEIVED 70 JUL -I PH 9� 45 OFFCE OF THE CfiY CLERK Date Invoice# 6/26/2009 5008069 Bill To I titAUi Ship To Newport Beach Police Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA #4233 Authorized by Sales Person Cust. Phone Terms LISA N. CB 949 -644 -3655 1 Net 30 P.O. Number Comp. Date Cust. Code Input By 6/26/2009 NBPD MP Description Amount Commercial Roof Management completed roof repairs at the above referenced job location. 25,630.00 Total $25,630.00 Payments /Credits $0.00 Balance Due $25,630.00 Phone # Fax # 949 - 859 -9009 1 949 -859 -1130 Melissa@crmi.us C ° ommerctal ° oof� ° aria ement in. g sa° e� ?Fe Industry Leader Since 1981 CONDMONAL RELEASE CRMI INVOICE # 5008069 Mechanic's Lien, Stop Notice And Labor & Material Bond Release Commercial Roof Management 23282 Peralta Drive Laguna Hills, CA 92653 PROJECT: Newport Beach Police Department (Contract # 4233) 870 Santa Barbara Drive Newport Beach, CA BILL TO: Newport Beach Police Department C/o City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 CONDITIONAL RELEASE The undersigned does hereby release all mechanics's lien, stop notice, equitable lien and labor & material bond rights against the above described project for all material, supplies, labor, service, etc. purchased, acquired, or furnished by or for us and used on above premises up to and including 6126109. This release is for the benefit of and may be relied upon by, the owner, the prime contractor, the construction lender and the principle and surety on any labor CONDITIONAL, and shall be $25,630.00 payment by check. This release is effective only when the bank upon which it is drawn pays the check. NOTE. Commercial Roof Management, Inc. will supply your Company with a FULL RELEASE within ten (10) days after We receive payment in full. CHECK THE APPROPRIATE BOX Material furnished from our paid stock. 4 Material furnished by another source. NAME: Commercial Roof Management, Inc. ADDRESS: 23282 Peralta Drive Laguna i Is, CA 92653 A By: . Date: 23282 Peralta Laguna Hills • CA 92653 • Phone 949.859.9009 • Fax 949.859.1130 • www.crmi.us ACORD CERTIFICATE OF LIABILITY INSURANCE OPID MS CONNE -2 06108109 PRODUCER Valley Insurance Service, Inc. License# 0566246 800 S. Barranca Ave, Suite 200 Covina CA 91723 Phone:626 -966 -3664 Sax:626- 966 -3895 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL INSURED Commercial Roof Management, Inc 23282 Peralt8 Laguna Hills, CA 92653 INSURERA: 41297 INSURER B: American Economy Ins Cc 19690 INSURERC RSUI Indemni an 22314 INSURER D: state teael»eentam Ina. J4nA --- - INSURER E! S1,000,000 ra .AN y:l4N 1.1 THE POLICIES OF INSURANCE LW`ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDAIOVE FOR THE POLICY PERIOD INDICATED. NOTWONSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OROTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOMONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. LTR TYPEOFINSURANCE POLICY NUMBER DATE AMID TB NMO LIMITS A GENERAL LIABMM R cOMMEiCIALGENERALLMBILRY CLAIMS MADE ]OCCUR BCS0019862 06/08/09 06/08/10 EACH OCCURRENCE S1,000,000 PRFJASES EAOCarRwe 6100,000 MEG D(P(AnY AAe PNm) sExcluded PERSONAL &ADV INJURY $1,000,000 X Per Project AGG GBNERALAGGREGATE s2,000,000 (EML AGGREGATE LIMIT APPLES PER: POLICY R J Loc PRODUCE- COMPOPAGG $2,000 000 Sea: 1,000,000 B AUTOMOHNE X LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDIILEDAUTOS HIRED AUTOS NON OWNED AUTOS 02CE19518120 06108109 06108110 COMIMED SINGLE LIMIT (E'Ao*ent) $1,000,000 BODILY IUURY lPN'p1 ) $ BODILY INJURY RFTaaddMl) $ PROPERTY DAMAGE (Per WAMM) b GARAGE LIABRJTY AHYAUTO AUTO ONLY- EAACCIDBNT $ OTHERTHAN EA ACC AUTO ONLY: AGG $ S C M)CESSIUMBRELLA LIABILITY R OCCUR �c1AIMsMADE DEDUCTIBLE X RETENTION s0 NRA223977 06108109 06108110 EACH OCCURRENCE 55 000,000 AGGREGATE $5,000,000 $ $ $ D WORIQRSCOLIPUI6ATIDNAND EYPLOYERB'LIABIUTY OFFIdEM�BERF](f1VF(EGJTNE VyyEeSS'� eaeamA u�Mr SFECLAL PROVLSIONSS Oefw Ie90CD YASRi sun TDtN 07/01/08 07/01/09 X TDRYLIMTTS ER EL EACH ACCIDENT $1,000,000 EL. DISEASE- EA EMPLOYEE S1,000,000 EL. DISEASE - POLICY LIMIT, $ 1 000,000 OTHER UeSCUPTIONOF OPERATIONS !LOCATIONS! VEHICLES /EXCLUSKMADDEO BYENDOR &BMEWT /SPECIAL PROVISIONS *10 days notice of cancellation in the event of non - payment of premium. Project: Newport Beach Police Department - 870 Santa Barbara Drive, Newport Beach, CA. NBNP003 SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* OAYSYAUTIEN NOTICE TO THE CERTIFICATE HUBER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Newport Beach Police IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE INSURER. ITS AGENTS OR Department Lisa KoBLOOm REPRESENTATIVES. 870 Santa Barham Drive AUTII$R7oR A /17A Newport Beach CA 92660 �'ALR.//J /��C r^ cowAMALMiPAUWM MUSSON •ty1 woRSEMSMONANUSTHEMICY. MMERMITCAIMFULLY. •ttla mtdms FwA;rodMw tmmttame plod wNWihb re wbG A. COMAWA GW RAL L1MMIAM Md R M PART are Is- at abd to m 1. Yrnamtemanbstanrot 2 tba ade a enfaofoaa of Noes adte9 ea yoar 6abeT, 9�ia�ad� �tad,Y�rennda9tor A at ftat�6m IWI wderUdendatetawt a&vMM yam .oparetgna for that eddiloaet ftured am CSIDUCte4 YOU IL Wm eot to tae brmeartoa atorded to tuna emits A, thetdtew g& ti wotda. l tsyuamAaadeasnotappVtm 4. 'BOdtyI daetrgA' orvot wd readrabtg Nr ma ie4are in 9i am! AnIft SWA16r, Nablow Al- Tw ptepaftk apowift amhatap�aB m pro p� dt stavayt. tdd�ardac% qmp mdere or dmop ettd Iftwor b & >Ame, edtartr adilatRat of 2 %0* b wy` of 'fu4P�l d i attr. �p p . & t tW�ptsht nd roN eonnaCOM dA aadr weft on Na go saw rAdfltanaata et .fo b M=od by m onbd W- oars o*ftad k- it"* al [be bca m at Uro wMe tree bear aawptttad; m b. �ieetyyparitonotyourwadt ' oatotsAdtre Gderalor d Ypk Wfimal0�atlmi Goff Nan anatiar watiew at mtbme• Uadot m N p2dani g aptata far ap epatlotlfxamrmptaQecF. Ot8OPtopettas.tra. Wl4 L 7.T -tea tsolatl 0 +�+a•' +'�`I@k'wY`•': •'SI]%'�.• ;••?etiaN+ <iaa:YsE'• •,+•°;•'..'in." • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement an this certificate does not confer rights to the certificate holder in lieu of such endarsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 251200101al 06/09/09 01: 16PH HP LASERJET FAX p.01 CERTHOLDER COPY s6 STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-09-2008 GROUP. 000499 POLICY NUMBER: 0002709 -2008 CERTIFICATE 10: 1114 CERTIFICATE EXPIRES: 07 -01 -2008 07 -01- 2008/07 -01 -2009 NEWPORT REACH POLICE DEPARTMENT so 870 SANTA BARBARA OR NEWPORT BEACH CA 92990 -6303 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to an the terms, exclusions, and conditions, of such policy. HORIZEO REPRESF$W4TI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - DAN KING P,S,T - EXCLUDED. ENDORSEMENT #2066 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07 -01 -2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER COMMERCIAL ROOF MANAGEMENT INC s9 23282 PERALTA DR LAGUNA HILLS CA 82653 (MPR,CNI mEV.2.051 PRINTED : 07 -09 -2008 06/09/09 01:16PH HP LASERJET FAX CERTHOLDER COPY p.02 SO STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07 -08 -2008 GROUP: 000488, POLICY NUMBER: 0002708 -2008 CERTIFICATE 10: ills CERTIFICATE EXPIRES: 07 -01 -2008 07 -01- 2008/07 -01 -2008 NEWPORT BEACH POLICE DEPARTMENT SO 870 SANTA BARBARA DR 870 SANTA BARBARA DR NEWPORT BEACH NEWPORT BEACH CA 92880 -8303 CA This is to certify that we have issued a valid Workers' Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which It may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. 0RRIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1800 - DAN KING P,S,T - EXCLUDED. ENDORSEMENT #2088 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07 -01 -2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER COMMERCIAL ROOF MANAGEMENT INC 23282 PERALTA DR LAMM HILLS CA 92553 IMPR,CNI Irray.2 -05l PRINTED : 07 -08 -2008