HomeMy WebLinkAboutC-5574 - On-Call MSA for Saniglaze Tile and Grout RestorationT ON -CALL MAINTENANCE SERVICES AGREEMENT
WITH CBM SERVICES, INC. FOR
SANIGLAZE TILE AND GROUT RESTORATION
' THIS ON -CALL MAINTENANCE SERVICES AGREEMENT ( "Agreement') is
t J made and entered into as of this 14th day of August, 2013 ( "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 address 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 on -call SaniGLAZE the and grout
restoration services for City restroom facilities ( "Project').
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance services described in this Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 31, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ( "Services"
or "Work'). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure
by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter
Proposal, if any, or perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made
during the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including
all reimbursable items, shall not exceed Fifteen Thousand Dollars ($15,004.40),
without prior 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 and /or
classification of employee who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it relates, the date
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the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement and the Letter Proposal, or
specifically approved in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated John Wellington to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
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.
52 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Harbor Resources Division. City's
Harbor Resources Manager or designee shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
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in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with 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.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder, or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractors Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and/or willful acts, errors
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and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
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12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. 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.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it
create any obligation on the part of City to pay or to see to the payment of any monies
due to any such subcontractor other than as otherwise required by law. City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and City. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior
written approval of City.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
20. 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.
21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
22. CONFLICTS OF INTEREST
22.1 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
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performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
22.2 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.
23. NOTICES
23.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
23.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Harbor Resources Supervisor
Harbor Resources
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
23.3 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
24. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
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25. TERMINATION
25.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
25.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
26. LABOR
26.1 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 ( "FLSK) (29 USCA § 201, et seq.).
26.2 Contractor shall comply with all applicable provisions of the California
Labor Code.
26.3 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.
26.4 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.
26.5 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and /or regulations. This
obligation shall survive the expiration and/or termination of the Agreement.
27. STANDARD PROVISIONS
27.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
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27.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
27.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
27.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
27.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
27.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
27.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
27.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
27.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
27.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
27.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
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27.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: B U Z/1
la
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: u
David A. Webb
Public Works Director
CONTRACTOR: CBM Services, Inc., a
California Corporation
Date:
By: �k,�.1
Alan Plotkin
Chief Executive Officer
gel
rations Officer
[END OF SI
TURES
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide on -call SaniGLAZE tile and grout restoration services for
City restroom facilities.
A lead time of 2 -7 days may be required to allow for production and shipping of
specialized materials. Materials will not be ordered until deposit is received in house.
Contractor will be responsible for masking off areas that could be damaged by
work or splatters because of the necessity of using water when grouting, grinding,
honing, and polishing. Contractor shall not be held responsible for any damage caused
by water going through cracks in wall, floor, or into a room underneath the one where
the job 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.
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 t or crack. This is solely due to
poor installation of said components, therefore the Contractor shall not be held
responsible for the damage, and the extra cost to replace or re -set such components
shall be worn by the City. Such an event, however, is to be considered an extremely
rare occurrence.
GENERAL LIMITATIONS, All grinding, honing and polishing machines used by
CBM Services 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
CBM Services, Inc. Page A -1
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 walls and the corners 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.). CBM Services 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 Contract (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 effect the grout. During the polishing phase, however,
in many instances the grout will become clean, but CBM Services 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. CBM Services cannot be held 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. CBM Services cannot be held responsible for such an occurrence, nor
shall it be obligated to clean the efflorescence off.
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 Letter Proposal includes the restoration of a marble shower - stall, the ceiling
of the stall will not be part of the Scope of Work. Also, soap -dish and corner - shelves will
not be restored.
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-2
EXHIBIT B
SCHEDULE OF BILLING RATES
Lead technician and technician rates are between $14.70 and $20.00 per hour
dependent on the complexity of the Scope of Work.
CBM Services, Inc. Page B -1
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE /REPAIR
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. if
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements,
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract) with no endorsement or modification
limiting the scope of coverage for liability assumed under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
CBM Services, Inc. Page C -1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its 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 subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile 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.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
CBM Services, Inc. Page C -2
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
F. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non - Compliance If Contractor or any sub -
consultant 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.
N. 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 Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
CBM Services, Inc. Page C-3
judgment may be necessary for its proper protection and prosecution of
the Work.
CBM Services, Inc. Page C -4
CBMSE -0 OP ID: W4
AC< >M"°
ki CERTIFICATE OF LIABILITY INSURANCE
DATE IMMIDIVYYYY)
0811912013
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 Phone: 831 -636 -4919
InterWest Insurance Services Fax: 831-635-9237
License kOB01094
330 Tres Pinas Road Suite A -1
Hollister, CA 95023
NONE:
NAME:
FAX
A1C IN xt: (AIC No): _,,,
E-MAIL
ADORESs:
David J. Dias
INSURERS) AFFORDING COVERAGE
NAIC#
_
INSURER A: Great American Insurance Co.
16691
S 50,
INSURED CBM Services, Inc.
CBM Services of Nevada, LLC
Tustin, Bell Ave., Ste 3N
1342 Tustin, CA 927? 80
T
INSURER B: Peerless Indemnity Ins. Co. �
18333
INSURER e: Torus SpeDiaity insurance Co
44778
INSURER D: Republic Underwriters Ins Co
MED EXP;Any one Perron)
$ Excluclet
PERSONAL &ADV INJURY
$ 1,000,
INSURER E
INSURER F'.
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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. LIMrrSSHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS.
ILT R
TYPE OF INSURANCE
— .— .
POLICY NUMBER
.......
POLICY F
MNN0D
hur OrYY1
icY
LIMITS
AUTHORIZ ®REPRESENTATIVE
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,
PREMISES Eaoccurrencat
S 50,
A
X COMNERCIALGENERALLIABLITY
CLAIM &MADE FX70CCUR
X X
GLP4648038
0712712013
0712712014
MED EXP;Any one Perron)
$ Excluclet
PERSONAL &ADV INJURY
$ 1,000,
GENERAL AGGREGATE
$ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP /OP AGG
$ 2,000,00
POLICY FX7 PR LOC
$..........
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Ea accidmi
1 000 00
$ 1,
BODILY INJURY (Per persco)
$
B
X ANY AUTO
X
BA8917879
07127/2013
07/27/2014
ALL OWNED SCHEDULED
AUTO$ A UTOS
BODILY INJURY (Per accident)
$
PROPERTYCAM AGE
Per accident
$
X HIREC AUTO: X NON -OWNED
AUTOS
$
X UMBRELLA LIAS X OCCUR
EACH OCCURRENCE
$ 4,001
AGGREGATE
$ 4,000,0
C
EXCESSLIAB_ CLAIMSMADE
872920130ALI
0712712013
07/2712014
$
RED X RETENTION $ 10,00
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEeSCU7VE VIN
OFFICERIMEMOER EXCLUDED?
(Mandatory In NH)
X
NIA
TW00146700
1011612012
1011612013
X WC STATU- OT .
E. _. EACH ACCIDENT
$ 1,000,00
E_. DISEASE - EA EMPLOYEE
$ 1,000,00
If yes, dembe under
DESCRIPTION OF OPERATIONS below
E _.DISEASE - POLICY LIMIT'
$ 1,000,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addibonal Remarks Schedule, If more space is required)
The City of Newport Beach, its officers, officials, employeres and agents are
named as Additional Insured per CG2033 07/04 form attached.
*This certificate supersedes previously issued certificate issued on
8112/13.
CERTIFICATE HOLDER CANCELLATION
NEW0829
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Newport Beach
100 Civic Center Dr.
AUTHORIZ ®REPRESENTATIVE
Newport Beach, CA 92660
®1988 -2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
CBMSE -0 PAGE 2
(NOTEPAD
INSUREDS NAME CBM Services, Inc. OP ID: W4 DATE 08119113
t is agreed that Maguire Properties -555 W. Fifth, LLC, a Delaware limited
iability company, Maguire Properties -555 W. Fifth Mezzanine, LLC, a
elaware limited liability company, Wells Fargo Bank, N.A., as successor
y merger to Wachovia Bank, N.A., as Master Servicer on behalf of Hank of
merica, N.A., successor by merger to LaSalle Bank National Association,
s Trustee for the benefit of the Certificate Holders of Commercial
ortgage Pass - Through Certificates Series Wachovia 2004 -C14 and its
uccessors and /or assigns, MPG Office, LP, a Maryland limited partnership,
PG Office Trust, Inc., a Maryland corporation, MPG Office Trust
ervices, Inc., a Maryland corporation and their respective members,
angers, partners, affiliates, officers, directors, lenders and /or
ervicers, agents, employees, counsel, attorneys-in-fact, successors and
ssigns are additions insureds. The coverage under this policy is
rimary insurance with regard to work performed by or at the direction of
SM Services, Inc.
WC 04 03 06 (Ed. 4 -84)
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE
WAIVER OF OUR RIGHTS TO RECOVER FROM OTHERS ENDORSEMENT
CALIFORNIA
We have the right to recover our payments from anyone liable for an inj ury covered by this policy. We will
not enforce right against the person or organization named in the Schedule. (This agreement applies only to
the extent that you perform work under a written contract that requires you to obtain this agreement from
us.)
You must maintain payroll records accurately segregating the remuneration of your employees while
engaged in the Work described in the Schedule.
Schedule
Person or Organization: Where required by written contract
This endorsement changes the policy to which it is attached and is affective on the data issued unless
otherwise stated. (This information below is required only when this endorsement is issued subsequent to
preparation to preparation of the policy.' )
Endorsement Effective: 10/16/12 PolicyNo.: ATW00146700
Insured: CBM Services, Inc., CBM Services of Nevada, LLC
WC 04 03 06 (Ed. 4 -84)
POLICY NUMBER: GLP4648038
COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
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
Or Organization: Blanket when required by written contract
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 for injury or
damage arising 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.
CG 24 04 05 D9 O Insurance Services Office, Inc., 2008 Page 1 of 1 [Type to
Policy No. GLP4648038 GAC 3649CG
Named Insured: CBM Services, Inc., CBM Services of Nevada, LLC (Ed. 1106)
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. 1106) XS
COMMERCIAL AUTO GOLD ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided underthefollowing:
BUSINESS AUTO COVERAGE FORM
SECTION 11— LIABILITY COVERAGE
A. COVERAGE
1. WHO ISAN INSURED
The following is added:
d. Any organization, other than a partnership or joint venture, over which you maintain ownership or
a majority interest on the effective date of this Coverage Form, if there is no similar insurance
available to that organization.
e. Any organization you newly acquire or form other than a partnership or joint venture, and over
which you maintain ownership of a majority interest. However, coverage under this provision does
not apply:
(1) If there is similar insurance or a self- insured retention plan available to that organization; or
(2) To "bodily injury" or "property damage" that occurred before you acquired or formed the
organization.
f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in
your business or your personal affairs. Insurance provided by this endorsement is excess over
any other insurance available to any volunteer or employee.
g. Any person, organization, trustee, estate or governmental entity with respect to the operation,
maintenance or use of a covered "auto" by an insured, if:
(1) You are obligated to add that person, organization, trustee, estate or governmental entity as
an additional insured to this policy by:
(a) an expressed provision of an "insured contract ", or written agreement; or
(b) an expressed condition of a written permit issued to you by a governmental or public
authority.
(2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after.
(a) You executed the "insured contract' or written agreement; or
(b) the permit has been issued to you.
2. COVERAGE EXTENSIONS
a. Supplementary Payments.
Subparagraphs (2) and (4) are amended as follows:
(2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required
because of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the 'Insured" at our request, including actual loss of
earning up to S500 a day because of time off from work.
Includes ca pyrighted material of Insurance Services Offices, Inc. with its permission
GECA 701 (01107) Page 1 of 3
07/2712013 8950252 NEUSXEEC1607 AGENT COPY PGDM060D J06314 GEONLYST 00010582 Page 17
SECTION III — PHYSICAL DAMAGE COVERAGE
A. COVERAGE
The following is added:
5. Hired Auto Physical Damage
a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or
members of their household is a covered "auto" for each of your physical damage coverages.
b. The most we will pay for "loss" in anyone "accident" is the smallest of:
(1) $50,000
(2) The actual cash value of the damaged or stolen property as of the time of the "loss "; or
(3) The cost of repairing or replacing the damaged or stolen property with other property of like
kind and quality.
If you are liable for the "accident ", we will also pay up to $500 per "accident" for the actual loss of
use to the owner of the covered "auto ".
c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by
an amount that is equal to the amount of the largest deductible shown for any owned "auto" for
that coverage. However, any Comprehensive Coverage deductible shown in the Declarations
does not apply to "loss" caused by fire or lightning.
d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a
driver and excess over any other collectible insurance for any covered "auto" that you hire with a
driver.
6. Rental Reimbursement Coverage
We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you
for the rental of an "auto" because of "loss" to a covered "auto ". Rental Reimbursement will be based
on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per
day, and will only be allowed for a period of time it should take to repair or replace the vehicle with
reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for
reasonable and necessary expenses incurred by you to remove and replace your materials and
equipment from the covered "auto ".
If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under
this coverage only that amount of your rental reimbursement expenses which is not already provided
under paragraph 4. Coverage Extension.
7. Lease Gap Coverage
If a long -term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured —
Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any
difference between the actual cash value of the "auto" at the time of the loss and the "outstanding
balance" of the lease.
"Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts
representing taxes; overdue payments; penalties, interest or charges resulting from overdue
payments; additional mileage charges; excess wear and tear charges; and lease termination fees.
The following is added to Paragraph 3
The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not
apply to the accidental discharge of an airbag.
Includes copyrighted material of Insurance Services offices, Inc, with its permission
GECA 701 (01107) Page 2 of 3
07:7712013 6&50252 NEUSXEEC1607 AGENT COPY PGDMO60D .106314 GEONLYST 0001tk"iti3 Page 1s
Paragraph 4 is replaced with the following:
4. We will not pay for "loss" to any of the following:
a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use
with audio, visual or data electronic equipment.
b. Equipment designed or used for the detection or location of radar.
c. Any electronic equipment that receives or transmits audio, visual or data signals.
Exclusion 4.c does not apply to:
(1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not
designed solely for the reproduction of sound, if the equipment is permanently installed in the
covered "auto" at the time of the "loss" and such equipment is designed to be solely operated
by use of the power from the "auto's" electrical system, in or upon the covered "auto "; or
(2) Any other electronic equipment that is:
(a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered
"auto's "operating system; or
(b) An integral part of the same unit housing any sound reproducing equipment described in (1)
above and permanently installed in the opening of the dash or console of the covered "auto"
normally used by the manufacturer for installation of a radio.
D. DEDUCTIBLE
SECTION IV. BUSINESS AUTO CONDITIONS
A. LOSSCONDITIONS
Item 2.a. and b. are replaced with:
2. Duties In The Event of Accident, Claim, Suit, or Loss
a. You must promptly notify us. Your duty to promptly notify us is effective when any of your
executive officers, partners, members, or legal representatives is aware of the accident, claim,
"suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not
imply you also have such knowledge_
b. To the extent possible, notice to us should include:
(1) How, when and where the accident or loss took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the accident or loss.
The following is added to 5.
We waive any right of recovery we may have against any additional insured under Coverage A. 1.
Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a
covered "auto" pursuant to the provisions of the 'insured contract ", written agreement, or permit.
B. GENERAL CONDITIONS
9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Your unintentional failure to disclose any hazards existing at the effective date of your policy will
not prejudice the coverage afforded. However, we have the right to collect additional premium for
any such hazard.
COMMON POLICY CONDITIONS
2.b. is replaced by the following:
b. 60 days before the effective date of cancellation if we cancel for any other reason.
Includes copyrighted material of Insurance services Offices, Inc. with its permission
GECA 701 (01107) Page 3 of 3
0712712013 8950252 NEUSXEEC1607 AGENT COPY PGDM060D .106314 GEONLYST 00010584 Page
it
Policy No: GLP4648038 Great American Insurance Co.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY.
ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS —
AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION
AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A.Seetion II —Who Is An Insured is amended
to include as an additional insured any
person or organization for whom you are
performing operations when you and such
person or organization have agreed in
writi ng in a contract or agreement that
such person or organization be added as
an additional insured on your policy.
Such person or organization is an
additional insured only with respect to
liability for "bodily injury,' property
damage" or "personal and advertising
injury' caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those
acting on your behalf;
in the performance of your ongoing
operations for the additional insured.
A person's or organizations status as an
additional insured under this endorsement
ends when your operations for that
additional insured are completed
B. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
1. "Bodily injury," "property damage" or "personal
and advertising injury' arising out of the rendering
of, or 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,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
b. Supervisory, inspection, architectural or
engineering activities.
2. "Bodily injury" or "property damage" occurring
after:
a. All work, including materials, parts or
equipment furnished in connection with
such work on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the
additional insured(s) at the location of
the covered operations has been
completed-, or
b. That portion of "your work" out of which the
injury or damage arises has been put to
its intended use by any person or
organization other than another
contractor or subcontractor engaged in
performing operations for a principal as
a part of the same project.
CG 20 33 07 04 O ISO Properties, Inc„ 2004 P 1 of 1
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 8/15/13 Dept. /Contact Received From:
Vladimir
Date Completed: 8/19/13 Sent to: Vladimir By: Chris/Renee
Company /Person required to have certificate: CBM Services, Inc.
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 7/27/13-7127114
A. INSURANCE COMPANY: Great American Insurance Co.
B. AM BEST RATING (A-: VII or greater): A:XIV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $11M 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. CAUTION! (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:
II. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE: 7/27113-7/27114
A. INSURANCE COMPANY: Peerless Indemnity Insurance Co
® Yes ❑ No
1,000,000/2,000,000
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
❑ Yes
® No
® N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
B.
AM BEST RATING (A-: VII or greater) A:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® 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):
® NIA
❑ Yes
❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A
❑ Yes
® No
H.
NOTICE OF CANCELLATION:
❑ N/A
0 Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE /EXPIRATION DATE: 10/16/12 - 10/16/13
A.
INSURANCE COMPANY: Republic Underwriters Insurance Co
B.
AM BEST RATING (A-: VII or greater): A -:VIII
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
® N/A ❑ Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
V BUILDERS RISK
® N/A ❑ Yes ❑ No
® Yes ❑ No
Approved:
8/19/13
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval /exception /waiver:
Approved:
Risk Management
* Subject to the terms of the contract.