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HomeMy WebLinkAboutC-7052-1 - On-Call M/RSA for As-Needed Roof Repair ServicesON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH COMMERCIAL WATERPROOFING, INC. DBA ERC ROOFING AND WATERPROOFING FOR AS -NEEDED ROOF REPAIR SERVICES THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement') is made and entered into as of this 31 st day of January, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), AND COMMERCIAL WATERPROOFING, INC. DBA ERC ROOFING AND WATERPROOFING, a California corporation ("Contractor"), whose address is 216 Avenida Fabricante, Suite 111, San Clemente, California 92672- 7559, 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 maintenance and/or repair services for City (`Project'). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on January 31, 2018, 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: C'C; o 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; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page 2 all reimbursable items, shall not exceed One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00), 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 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 Steve Guilfoile 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. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Municipal Operations Department. City's Fleet/Facilities 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. Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page 3 r7 li11Mfi:I*&i197.6113191111*? To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with 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 Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page 4 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 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 Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page 5 Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. 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 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page 6 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. 16. 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. 17. 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. 18. 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. 19. 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. Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page 7 20. 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. 21. 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. 22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 23. CONFLICTS OF INTEREST 23.1 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 performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 23.2 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. 24. NOTICES 24.1 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 Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page 8 business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 24.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Fleet/Facilities Manager Municipal Operations Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 24.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Garrett Clark Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing 216 Avenida Fabricante, Suite 111 San Clemente CA 92672-7559 25. 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.). 26. TERMINATION 26.1 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. Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page 9 26.2 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. 27. LABOR 27.1 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.). 27.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 27.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 28. STANDARD PROVISIONS 28.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 28.2 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. 28.3 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. Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page 10 28.4 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. 28.5 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. 28.6 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. 28.7 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. 28.8 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. 28.9 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. 28.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 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. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RNEY'S OFFICE Date:1 7- I By: O Aaron C. Harp cAM o% I a1 tt� City Attorney ATTEST- Date: TTESTDate: By: 0& Leilani I. Brown City Clerk I FOIR CITY OF NEWPORT BEACH, a California municipal corporation Date: 3) i1k4 By: Dave i City Manager CONTRACTOR: Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing, a California corporation Date: in ident / Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page 12 EXHIBIT A SCOPE OF SERVICES Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page A-1 SCOPE OF SERVICES • INTENT o The intent of these specifications is to provide roof repair services at City facilities, including office buildings, community centers, fire stations and public restrooms. • DESCRIPTION OF PROJECT o Furnish all labor, equipment, materials, and supervision to perform repair as described herein including, but not limited to, the following: • Remove and replace of damaged roofs, awnings, and appurtenances. • Repair of minor leaks. • Clean and inspect roofs, roof drains and rain gutters, including recovery and disposal of all debris and/or water from City facilities. o A map of all City facilities will be provided to the Contractor after the award of the contract. The Contractor will work with the Project Administrator to schedule site meetings and repair requests. • WORKING HOURS o Normal working hours shall be between the hours of 7:00 a.m. and 4:30 p.m., Monday through Thursday; and 7:00 a.m. to 3:30 p.m., Friday. • LEVEL OF MAINTENANCE o All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. o If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week, or month. Payment will be retained for work not performed until such time as the work is performed to City standard. o The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. • SUPERVISION OF CONTRACT o All work shall meet with the approval of the Project Administrator. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. • RESPONSIBILITY FOR DAMAGES OR INJURY o 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. o Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. o To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). • CORRESPONDENCE o All correspondence shall be addressed to Fleet/Facilities Manager, Municipal Operations Department, City of Newport Beach, P.O. Box 1768, Newport Beach, California 92658- 8915. • WORKMANSHIP AND SUPERVISION o Unless otherwise stated, Contractor shall be responsible to provide all labor and materials to allow for successful Project completion. • The City may choose to reimburse the Contractor for materials that need to be procured. These instances shall be analyzed on a case -by -case basis and reimbursement for materials will need to be agreed upon in the Contractor's letter proposal prior to the commencement of work. o Contractor shall maintain a C-39 roofing license at all time for the duration of the agreement. o Maintain all work sites free of hazards to persons and/or property resulting from the Contractor's operations. Any hazardous condition noted by the Contractor, which is not a result of the Contractor's operations, shall be immediately reported to the City. Contractor shall be responsible for removing and cleaning any and all debris that occurs as a result of its operations under this Agreement. o Contractor shall be responsible for removing and cleaning any and all debris that occurs as a result of its operations as a result of services requested in this scope of work. • PROJECT ADMINISTRATION o For these service requests, Contractor shall follow the protocol established in this Agreement in regards to service deployment, including issuing Letter Proposals for each request and not commencing work until authorized by the Fleet Facilities Manager, or his designee. Any and all services performed for the City shall be charged at the rates indicated in the Executed Agreement. o Based on the results of this solicitation process, the City will enter into a two-year on- call contract with the highest -qualified contractor(s). On-call contracts do not guarantee or imply any specific quantity of work over the proposed two-year contract period. When the need for services arises, the City shall request in writing, the necessary maintenance repair services required in adequate detail. Contractor shall then provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: • A detailed description of the Services to be provided; • The estimated number of hours and cost to complete the Services; and • The time needed to finish the specific Project. City will assess the Letter Proposal to ensure that services and costs proposed are commensurate with those provided in the Contractor's RFP response. No Services shall be provided until the City has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. o Contractor shall diligently perform all the services described in the Scope of Services As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest industry standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. o Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. • WARRANTY o One year workmanship warranty, no guaranty against leaks. EXHIBIT B SCHEDULE OF BILLING RATES Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page B-1 �P xC,,� FOM1 COST FILE One of the mandatory attachments that the PlanetBids portal will prompt you for is called a "Cost File." Please upload this document to satisfy the requirement: Please attach company rate sheets for items not listed below. UNIT PRICES A. The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs. B. Contractor is advised that the unit prices will enter into the determination of the contract award. Unreasonable prices may result in rejection of the entire bid proposal. C. The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor be provided regardless of the total number units and/or amount of labor required for added or deleted items of work. D. All work shall be performed in accordance with specifications described in the RFP. RFP No. 16-13 Cost File After-Hours/Emergency Hourly Hourly rate Rate Supervisor $105.00 $159.50 Journeyman $105.00 $159.50 Laborer $105.00 $159.50 Hourly Minimum (if applicable) 4 • After Hours Rate and Emergency Hourly Rate shall be any time outside of the normal business hours of Monday through Thursday, 7:00 a.m. to 4:30 p.m., and Friday 7:00 a.m. to 3:30 p.m. "Maximum 5% overhead cap for all materials purchased. Project Administrator reserves the right to request that all original receipts of materials be turned in with invoices before Contractor is paid. RFP No. 16-13 Cost File �FWPpRT Esq iP' a,� FON COST FILE The undersigned certifies that submission of this Proposal is made without prior understanding, arrangement, agreement, or connection with any corporation, firm or person submitting a Proposal for the same services, and is in all respects fair and without collusion of fraud. The undersigned certifies that they have not entered into any arrangement or agreement with any City of Newport Beach public officer. The undersigned understands collusive practices are a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. R. Digitally signed by Garrett R. Clark l Il Garret} DN: cn=Garrett R. Clark D=ERC Clark Roofing and Wareusanat,c"US 11/16/2015 email=gd c=US Date: ]015.11.1611:5600 -08'00' .11.1611:56M, Proposer Signature Garrett Clark President Printed Name and Title Date ERC Roofing & Waterproofing Company RFP No. 16-13 Cost File EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its 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). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page C-1 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, products and completed operations, 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 Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing 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. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 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. Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page C-3 H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this 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. I. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Commercial Waterproofing, Inc. dba ERC Roofing and Waterproofing Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: Date Completed: 2/11/16 Dept./Contact Received From: 2/22/16 Sent to: Joan By: Chris/Alicia Commercial Waterproofing Systems Inc. DBA ERC Roofing & Company/Person required to have certificate: Waterproofing Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/5/15-10/5/16 A. INSURANCE COMPANY: Associated Industries Insurance B. AM BEST RATING (A-: VII or greater): A: XIII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No 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? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 11/21/15-11/21/16 A. INSURANCE COMPANY: Liberty Mutual Fire Insurance Co. 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 $1 M 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): ® N/A ❑ 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: 1/1/16-1/1/17 A. INSURANCE COMPANY: Midwest Employers Casualty Co B. AM BEST RATING (A-: VII or greater): A+: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M 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 V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 2/22/16 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ NIA ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management Approval needed due to General Liability carrier being non -admitted 2/12/16 RM approves Approved: Risk Management * Subject to the terms of the contract. Date 1® AC Ro CERTIFICATE OF LIABILITY INSURANCE DATE(MMATDfrYYY) 02/09'2016 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 Professional Contractors Insurance Agency P. O. Box 6626 NAME CT David Wardlaw PHONE FAx .805-925-6949 AX No,805-347-2727 EMAIL ADDRESS: procontractorsia hotmail.com Santa Maria, CA 93456 INSURERS AFFORDING COVERAGE NAIC N INSURERA:Associated Industries Insurance 23140 INSURED Commercial Waterproofing Systems Inc DBA: ERC Roofing & Waterproofing 216 Avenida Fabricante # 111 INSURERS: Liberty Mutual Insurance 23035 INSURERC: National Union Fire Co of PA 19445 1INSURERD, Midwest Employers Casualty Co 23612 INSURER E: San Clemente, CA 92672 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1.000'000 ✓ COMMERCIAL GENERAL LIABILITY PREMISES Ea occuon $ 50'000 MED EXP (Any one person) $ 5.000 A CLAIMS -MADE [z] OCCUR ✓ $5,000 deductible X X AES1031861 0/05/15 10/05/16 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2.000.000 $ POLICY ✓ PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident BODILY INJURY (Per person) $ ANYAUTO BODILY INJURY (Per eccidem) $ B ALL OWNED✓ SCHEDULED AUTOS AUTOS NON OWNED ✓ HIREDAUTOS ✓ AUTOS X X BAWS6383946 1/21/15 11/21/16 PROPERTY DAMAGE $ Per accident ✓ UMBRELLA LIM✓ OCCUR EACH OCCURRENCE $ 2.000.000 AGGREGATE $ 2.000.000 C EXCESS LIMB CLAIMS -MADE X X BE084784708 2/01/15 10/05/16 DED RETENTION$ I $ WORK ERS COMPENSATION ✓ WCSTATU- OTH- D AND EMPLOYERS' LIABILITY ANY PROPRIETOPJPARTNEWEXECUTNE YIN OFFICER/MEMBER EXCLUDED? El (Mandatory in NH) NIA X BNUWC0134579 1/01/16 01/01/17 E.L. EACH ACCIDENT $ 1,000.000 E.L. DISEASE - EA EMPLOYE $ 1,000.000 E.L. DISEASE- POLICY LIMIT $ 1,000,000 If yea, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, R more space Is required) RE: Service Contract The City of Newport Beach, its officers, officials, employees and volunteers are hereby named as additional insured on the general liability per the enclosed CG2037 07/04 & CG2033 07/04 forms and on the commercial auto per the enclosed GECA701 01/07 form. This insurance is primary/non-contdbutory per the enclosed NXGL009 08/09 form. A waiver of subrogation is attached on the general liabilityper the enclosed CG2404 05/09 form, on the auto per the enclosed GECA701 01/07 form and on the workers compensation per the enclosed WC040306 4/84 form. ** 30 day notice of cancellation except for a 10 day notice for non-payment of premium** CERTIFICATE HOLDER CANCELLATION City of Newport Beach 100 Civic Center Drive SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Newport Beach, CA 92660. AUTHORIZED REP © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AES1031861 COMMERCIAL GENERAL LIABILITY CG 20 77 07 04 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS I his ertdorsernert MC fies sura ,re nr vide" _noes inM :�'.hs 3 fl COMMERCIAL �`FNIHRAL Ll"3,!LIT`e r�-IVERAGt` PART SCHEDULE Name Of Additional Insured Personts) Or Organiaatlontsi All Parsons or organizations where written with the Named Insured requires comt platod Operacontrac tions coverage This form does not apPly to your work on "residential Property'• KE Section 11 Who Is An Insuren ainl�de 85 afti additic"I'l IZa:iGiti(8} RG..d Yl th $ :k:g(rpj LUi t;fily `Axtt� Agp" act n flah41 in :+r,�}laa or !' location li_s[gnatgC iL if !hr5 d-" xse. lkE':! i w f r R'., r."';3" 'IDred Bno Hl�j J�F.'3t7Qrs'?-.acc„-i' CG 2037V 04 Page 1 of 1 0 POLICY NUMBER: AES1031861 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU T,htS andOrs 1T`r�ct R?u 'S .a inSY!r"+r� C1 .,;±urr tt Co "s+a ,tf3'dr[liJ. C0f1 11ORCIAt. 3E "?ALR T A. SectEon It - Wno tr As trrs c. rad s a.rle i`t,-' : intfudr: as an IK-4di >at al garniZahon fir .-loom ypu a+e Fov �rrr; irrjj a,.�rat�unS when YOU ar-d 30,,, person or orgcini2a:!oe; t:a9e agread in wrong _n a c+?mead 0, agree'n orx! ;hat such person or Oryl!liZ3.'.iC'S be aducc a5 a" add;. ;innal , re`on, yavr potk:y Svch person or r-- ganlLatior F an T6, 1O IN hsince. Vast to iiabzht, lboviy dc^ -mag., ,� .erc nnr and ,.ie.,m.r� rr taut"(' n v1,010 n_r in pa`t. by t- Yct=r acs c7' ~Jrn�s.,Can. 0' 2. hCh It. :.t [na f• Orr-.aPG:: f tC".Jr r =e addd r y",sure. noian %i ed t: r ht5 a ac r r5r tperaS• s ,u- ti,a+ ail y , sr .... s,d ire ed B. b45th respect .o ,ho insurance afforded to these adai„ oral inS'J'edS. the fcrhjv, n� additional 8t£iu- 5ions 3;piv. '(hi5 insurance does not aDP,j t 1, "Bochty inju"y", "prop"t2y damage" or "Pers-na; arrc d ,e»isi:^.g -njury" arisinru aut Of the render - Df, or the faSUre t: ren dor, any proiessfonal arcr tI, e'+grt;eer.<ng or surJgyIng ser- a�eai a- a ;rejiarn u a -I-rorg, Cr tailing to pre t nr2 ar 8PPrtwre maps, Shap drawings. P r r rt _ Su< eys, field orders, a y ,•^rdr a;+ -gs and spe hc,- ropsny riamaje` o Ct^ang a. At: nckrd<xg materials- parts or egary:CrsFnF tar;vsheU i^ connection :viti he prOject (Other than Ser, unci;; main:enance or spars} to be per- .`Cir^@.d Cv 3' on bahalf of the addit onal in- sured(s) ai the tutabon cf the covered rrperat;,,"a t'ae teen completed, Or b- i nat p+orti-crf of "ypur Werk" Out of which the o, cam,.ago arses has beer, put ;o ii% uerda;' use ;)y an, person cr organization =)Ener thd- archer ccntradlor Or SU�,CCnb^d0 ta; engaged in Oerfomnitrg Cperations for a orr".r-,pan .t!S a part 0`. the &arae protect. CG 20 33 07 OC '�Q Page 1 of 1 ❑ POLICY NUMBER: AES1O31861 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD -PARTY) Tnis endr3_Sement .•^.,rufrs ^rs,r�r .,^r,;j�e� ^4er ;t; �,{p4t;ng: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE r _r,tf a r wt h the NarreC Insured tAh-r'acg i s sr �tiGati n s z T ca,lt a .. _ r0p.ured by r tt,n ,:entr'aS.4o- 2 Noris r o ,£& Dr3 �g �? a.e 4r ;hr< n f+or5viG'-vy a . f apPrs -_ ParagraPh 4- ni SECTION IV_ COrr~MERCIAL GENERAL LIABILITY CONDITIO17S ,y repsacC, by tf:a Collowfna: 4, Other Insurance. N,F'S 'vspoc o'te Other t'aird arra 4cGNa�(g a �ses,l �. 5 -.atd ars rrrim,� r ant Any and all n711ten Contracdual a0jreernenZsv F d 4,la e Par`,,+n rBtiPe£t Cr' ll;,;k Clerforrred by you under J'tsidr.,t�;l aS I>r'ftiNr J '� 5 a i -v U£s „pure' by t .is pofic shall ry ❑p 10518nCE be consiuerac excess ever a c a;bc c re% sura fcvizf'e�l by s aoji r a„y,sucnyeihpr rr,s:uarrce shaft be cv NX GL 009 48 09 rf,C`IU'urLS OCJy Cr 4@C� `--?13 k" i_ ,..r= tee+ �s 0Iz'rrn _ ,vah its permissio;r Page 4 o of t POLICY NUMBER: AES1031861 COMMERCIAL GENERAL.. LSABSLSTY CG 24 04 SFS 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies in5uram'e w rovic" u'rdar the foilowing: COMMERCIAL. GENERAL UASILITY'COb'_RAGE PART PRODUCT S'COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE va —iyao¢Tilcq; All parsons or Grreri2-+��»Ss w¢; e= r+ -Mitred ti �. '• �cn - t n':;t; ;Ire �3iTi�,, tnsurad The rollowlrg is adGeti to Para;,Crap-; 8. Transfer of Rights p[ Recovery Ardainst Others 7o Ws o` Section IV- Conditions: wa waive any right of ranovery we ns tp; av5 a�,n'rtst the Pe«son or organi2antOn showr, in the Sclas€Jule Move because of pa}i'+anSs Vie n.rne for fniury cC damage arishng auf pf y ar onso� uU gperatCcns ., "your 'wprrt" done �errdx 3 ro'llta v rh'hai ;aero`en or organ,Zahar u c h rt d ccrapleied o ru � r" C-' ^pro^ t an.�. hazarn . crfi to tno remon cr a l �-_al t Jr, ,;SYi jw hH Scn. dule E1v, orr CG 24 04 OS 09 Ifkt =, Inc ...;^?3 Page 1 of 1 0 POUCY NUMBER: BAWS6383M COINMERCIAL AUTO GOLQ ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION fl - LIABILITY COVERAGE A. COVERAGE I. WHOISANINSURED The folburing Is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majorty lntareston the affedivs data of this Coverage Form, it there is no sinwar insurance available to that organization. e. Any organization you newly acquire or torr other than a partnership or joint venture, and over does whichumaintain ownership of a majority interest However, coverage under Ws provision (1) If there is sirnilar insurance or a self-insured retention plan available to that organizatbn; or (2) To "bodify injury' or 'property damage' that occurred before you acgtered or termed the organization. n f Any your b sines oror employee of Yours while using a covered 'auto" you do not own, hive or borrow Your personal affairs. Insurance provided by this endorsement is erfees6 over any other insurance available to arty. volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with reaped to tlta operation, maintenance or use of a;"red "surto' by an insured. if: (1) You are obligated to add that person, organization. trustee, estate or governmental arltity as an additional Insured to this poky by: (e) 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 *prop" 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, cIcnlot{ et 'e77 leriudrl capyrichim m wwortn r"t# strvlrrr orro m ler. with lh arr.rinloe Peer [ of 4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subpsnegraphs (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 tate "Insured" at our request, including actual lass of eamup up to $500 a day because of time off from work. SECTION gl - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: S. Hired Auto Physical Damage a. Any "auto" you (ease. hire, rent or borrow from someone other than your employees or partners or merrrbers of their household is a covered *auto" for each of your physical damage coverages. b. The most we will Pay fox "lass" in any one "accident" is the smallest of: (1) $50.00} (2) The actual cash value of the damaged or stolen property as of the time of the "lcee' ; or (3) The cost of repairing or replacing the damaged or s kind and quality, tolen property with outer property of eke R You are liable for the "accident", we will also pay up to $500 per "accidenr for the actual loss of use to the owner of the covered "arlto". C. Our obligation to pay for, repair, return or replace damaged or stolen property will las reduced by an amount that is equal to the amount of the largest deductible shown for any owned 'auto" for that coverage, However, arty Comprehensive Coverage deductible shown in the Declarations does not apply to "bas" Caused by fie 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" the( you hire, with a driver, S. Rental Reimbursement Coverage We will Pay up 10 $75 per day for up to 30 days, for rental reimbursement expenses incurred by you based for the rental of an "auto" because of "loss" to a covered "auto". Rental Resruwrsament will be 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 replaceicle the veh with reasonable speed and similar quality, up to a maximum of 30 da We will also pay up 10 $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment frau the covered "auto". GEGq "91 (BINr! loeladee co iaw ted Mkrial or talwa Semina oraee> Inc. sial" m Ikrmissiee Yate 2oTJ If °tos" 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 rmmbursarrent experitsss which is not already provided under paragraph 4. Coverage Extension. I, lease Gap coverage If a IOng4WM teased "auto" is a caurerad "akfW and the lessor is named as an Additional Insured - LasilW, In the event Of a total loss, we will pay your additional legal obligation to the W&W for my difference between the actual cash value of the "auW" at the time of the loss and the "oustanding balances" of the lease. "Outstanding balance" means the amount you owe on the lease at the time ofjoss less any amounts taxes: overdue payments, Penalties, interest or charges resulting from ovenfue paymania, additional mileage charges -,excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added W Paragraph 3 The exclusion for "toss^ caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the fOfjowing: 4. We wiu not pay for joss" W 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 riot apply to: (t) Electronic equipment that receives Or transmits audio, visual or data signals, whether ar nee de"n*d soWy for the reproduction of sound if the equipment is permanently instaued in the use "auto" at the time of the "joss" and such aquipmrent is designed W 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 fix installation of a radio. D. DEDUCTIBLE �iced, a added. No deductible applies to glass damage if the glass is repaired rather than sEta+roltstm7r torr.dsc .R>ril4teit n.rrritt or rn.n..�r knim nn6rtq Inc. uit6iq perMstioa Rg• 3 0! 4 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.8. 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 tale accident Claim, su t'. or loss. Knowledge of an ar rit, claim, "suit", w loss. b other imply you also have such knowledge - b. emWoyee(s) dose not b. TO the extent possible, notice to us Should include: (1) How, when and where the aorident or loss took place; (2) The names and addresses of any itqured persons and witnesses; and (3) The nature and location of any rnj q or damage ads' art of the r^9 accident or loss, The following is added to S. We waive any right of recovery we may he" 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 stsured Contract', written agreement, or pemiL B. GENERAL CONDITIONS 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZp,Ros Your unintentional failure to disclose any hazards existing at the effective date of your policy -,rill not Prejudice the coverage afforded. However, we have the right fo colloid 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 eny other reason. GEC,♦:41 181417j tarladn to FYrit►erd auieriif ortaf�raate serrkee Offtkft Ix. with Iue per"A"Joe Page 4 or 4 POLICY NUMBER: BNUWC0134579 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-54) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments fromanyone liable for an injury covered by this policy. We will not enforce our 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 pavroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional. premium for his endorsement shall be 2.0000 -% Of the California workers' compensation premium otherwise due on such remuneration. Schedule State Description CA Any party with whom the insured agrees to waive subrogation in a written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of this policy.) Endorsement Effective Date: 01/01/2016 Policy No. BNUYWC0134579 Endorsement No. Insured Name: Commercial Waterproofing Systems Inc. Insurance Company: Midwest Employers Casually DBA: ERC Roofing & Waterproofing Company Countersigned by