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
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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.
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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
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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
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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
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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
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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