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C-4834 - Contract for the Improvement of a Public Building for Roof Replacement at Carroll Beek Community Center
CITY CLERK CONTRACT FOR THE IMPROVEMENT OF A PUBLIC BUILDING WITH MIDWEST ROOFING COMPANY, INC. FOR ROOF REPLACEMENT AT CARROLL BEEK COMMUNITY CENTER THIS CONTRACT FOR IMPROVEMENT 0 PUBLIC BUILDING ( "Contract') is made and entered into as of this Z2 day of 2011, by and between the CITY OF NEWPORT BEACH, a California Municip tio al C ran ( "City "), and Midwest Roofing Company, Inc., a California corporation ( "Contractor ") whose principal place of business is 1305 W. 132nd Street, Gardena, CA, 90247, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to replace the Carroll Beek Community Center roof. C. City desires to engage Contractor to carefully remove all old roofing and install 30 -year dimensional shingles on pitched sections and A.P.P. Modifed rubber on flat section of roof at 115 Agate Avenue, Balboa Island (`Project'). D. City has solicited and received a proposal from Contractor and desires to retain Contractor to render services under the terms and conditions set forth in this Contract. E. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of 10 business days commencing on May 10, 2011 or upon issuance of the "Notice to Proceed." NOW, THEREFORE, City and Contractor agree as follows: TERM The term of this Contract shall commence on the above written date and shall terminate on May 27, 2411, unless terminated earlier as provided for herein. 2. SCOPE OF WORK 2.1 City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. As such, Contractor shall perform all the work as described in the Request for Proposals dated March 2, 2011, ( "RFP "), including all necessary permits to remove the existing roof and replace with 30 -year roofing materials on pitched and flat surfaces on the Carroll Beek Community Center on Balboa Island, all attached hereto as Exhibits "A" and °B" and incorporated herein by this reference (the "Work" or "Services "). As a material inducement to the City entering into this Contract, 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 professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Contract, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 2.2 Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Contract and Contractor shall complete the Work within 10 business days from the date of issuance of the "Notice to Proceed." Failure to complete the work in the time allotted may result in termination of the Contract by City. 4. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope'of Work, in accordance with the provisions of this Section and the Proposal, attached hereto as Exhibit "B ", City shall pay to Contractor and Contractor accepts as full payment the sum of Seven Thousand Eight Hundred Seventy and 001100 Dollars ($7,870.00). Contractor shall not receive any additional compensation unless approved in advance by the City's Project Administrator (as defined below in Section 5) in writing. The City shall make full payment to Contractor no later than thirty (30) days after acceptance of Work by City. 5. PROJECT MANAGER 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 term of the Contract. Contractor has designated Robert Poxon to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. ADMINISTRATION This Contract shall be administered by the Public Works Department. Tom Sandefur, P.E., or his designee shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Contract. Midwest Roofing Company, Inc. Page 2 of 21 7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 7.1 Contractor shall use only the standard materials and equipment as described in Exhibits "A" and "B" in performing Services under this Contract. Any deviation from the materials or equipment described in Exhibit "A" and "B" shall not be utilized unless approved in advance by the Project Administrator. 7.2 Contractor shall comply with the terms and conditions of the RFP including all necessary permits to remove the existing roof and replace with 30 -year roofing materials on pitched and flat surfaces at the Carroll Beek Community Center located at 115 Agate Avenue, Balboa Island. 7.3 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 Contract, and that it will perform all Services in a manner commensurate with Highest Professional Standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to 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. 8.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract 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, Midwest Roofing Company, Inc. Page 3 of 21 subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 8.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. 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 the Consultant. 8.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 8.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract 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. 8.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. 9. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with the 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. Midwest Roofing Company, Inc. Page 4 of 21 12. INSURANCE 12.1 Without limiting Contractor's indemnification of City, and na for to commencement of Work. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 12.2 Coverage and Limit Requirements. 12.2.1 Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's Employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. 12.2.2 General Liabilitv. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. 12.2.3 Automobile Liabilitv. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 12.2.4 Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of Contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. Midwest Inc. 12.3 Other Insurance Provisions. 12.3.1 Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this Contract. All of the executed documents referenced in this Contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 12.3.2 General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 12.3.2.1 City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 12.3.2.2 Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 12.3.2.2 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 12.33 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. Midwest Roofing Company, Inc. 12.3.4 Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for thirty (30) days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. 12.3.5 Self- Insured Retentions. Contractor agrees not to self - insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 123.6 Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. 12.3.7 Waiver. All insurance coverage maintained or procured pursuant to this Contract 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 and insurance clauses from each of its subcontractors. 12.3.8 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 12.3.9 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. 12.3.10 City's Remedies. City shall have the right to order the Contractor to stop work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage Midwest Roofing Company, Inc. Page 7 of 21 and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. 12.3.11 Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. 12.3.12 Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of the coverages. 13. BONDING 13.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Contract and in the form attached hereto as Exhibit "C" which is incorporated herein by this reference; and a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Contract in the form attached hereto as Exhibit "Y which is incorporated herein by this reference. 13.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. 13.3 The Contractor shall deliver, concurrently with execution of this Contract, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 14. 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 Midwest Roofing Company, Inc. Paae 8 of 21 overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract 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 Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 7034774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 15. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the Work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any Work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 16. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 17. CONFLICTS OF INTEREST 17.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 17.2 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 Midwest Roofing Company, Inc. Page 9 of 21 termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractors violation of this Section. 18. NOTICES 18.1 All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Tom Sandefur, P.E., Project Administrator Public Works Department City of Newport Beach PO Box 1768 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Phone: (949) 644 -3312 Fax: (949) 644 -3318 E -mail: tandefur@newportbeachca.gov 18.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Robert Poxon Midwest Roofing Company, Inc. 1305 W. 132nd Street Gardena, CA 90247 Phone: 310 - 515 -1464 Fax: 310- 515 -1403 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Midwest Roofing Company, Inc. Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. RECORDS Contractor shall keep records and invoices in connection with the Work to be performed under this Contract. 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 Contract. 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, documents, proceedings and activities related to the Contract for a period of three (3) years from the date of final payment to Contractor under this Contract. 21. STANDARD PROVISIONS 21.1 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 21.2 Waiver. A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 21.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 21.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and the Exhibits attached hereto, the terms of this Contract shall govern. 21.5 Amendments. This Contract 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. 21.6 Effect of Contractor's Execution. Execution of this Contract by Contractor is a representation that Contractor has visited the 115 Agate Avenue, Balboa island, has become familiar with the local conditions under which the Work is to be performed, Midwest Roofing Company, Inc. Page 11 of 21 and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. 21.7 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange. 21.8 Notice of Claims. Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Govt. Code §§ 900 et seq. ). 21.9 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 or age. 21.10 Interpretation. The terms of this Contract 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 Contract or any other rule of construction which might otherwise apply. 21.11 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. Midwest Roofing Company, Inc. IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: DateICE Qf Tyl /CITY ATTORNEY B: i== Leonie Mulvihill Assistant City Attorney �1\ ATTEST: Date: By: G` L ' ila ' I. rown City Clerk � T `.0 T e� CITY OF NEWPORT BEACH, A California .mnicipal corporation Date: /,/" 3/// in ; Works adum bli Works Director MIDWEST ROOFING COMPANY. INC. i. a California Corporation Date"` By: C Darren Tangen Pres'dent Date- By-. V, U Darren Tangen Secretary Attachments: Exhibit A — Scope of Work Exhibit B — Proposal Exhibit C — Labor and Materials Payment Bond Exhibit D — Faithful Performance Bond f.•luserslpbwlsharedlcontractslinformal contracts1201 I 1carroll beek roof - midwest roofinglmidwest roofing informal contract.dotx Midwest Roofing & Solar Corporation Page 13 of 33 m A c m cn i m -n = O � o0 � D O M O CO) D r EXHIBIT A CITY OF NEWPORT ]BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director March 2, 2011 SUBJECT: CARROLL BEEK ROOF REPLACEMENT To Whom It May Concern: The City of Newport Beach wishes to replace the roof on the Carroll Beek Center on Balboa Island. Your quote should include the cost for removal of the existing roof and replacement with 30- year roofing materials. In addition, include the cost for replacing the roofing material on the flat portions of the roof. Should you have any questions, please contact me at (949) 644 -3312. Sincerely, Tom Sandefur,. Associate Civil Engineer CA o umenu and mr &e\ rwraw 3300 Newport Boulevard Post Office Box 1765 - Newport Beach. California 92658 -8915 Tc]cphonc: (949) 644 -3311 Fax: (949) 644 -3318 www.newportbeachca.gov EXHIBIT B PROPOSAL THIS PAGE LEFT BLANK INTENTIONALLY MIDWEST ROOFING AND SOLAR 1305 W 132nd Street, Gardena, CA 90247 (310) 515 -1464, Fax (310) 515 -1403, Lic. 9769615 Bringing Midwest Values & Integrity to Southern California for Over 30Years Date: March, 22. 2011 Customer: City of Newport C /O: Tom Sanderfur Phone: 949 - 644 -3312 Fax: 949 -644 -3318 From: Robert Poxon Job Address: 115 Agate Ave. Phone 9310 -213 -7663 Newport Beach Ca. 92663 CAREFULLY REMOVE ALL OLD ROOFING AND INSTALL 30 YEAR DIMENSIONAL SHINGLE ON PITCHED SECTION. INSTALL A.P.P. MODIFIED RUBBER ON FLAT SECTION. Preaaration: 1. Carefully remove all old roofing and haul away 2. Inspect deck and replace rotted wood AS PER CITY CODE. Roofine: I. Install Non - Perforated 151b. Felt Base to all surfaces -Two inch lap towards eaves. 2. Install new drip edge perimeter metal; COLOR - WHITE, BROWN OR CHARCOAL. 3. Install Starter Course at Eaves and Rakes. 4. Install new pipe and vent flashings. 5. Install Class A -Fire Retardant Fiberglass Shingle using 4 nails per shingle allowing for manufacturer Specifications Exposure. 6. Install new "High Profile" matching hip and ridge. Flat Section: 1. Install cant strip at all 90 degree angles. 2. Supply and install 28 lb. U.S. intec Ultra base, or equivalent, fiberglass base sheet. A) Side laps to be 3" minimum. B) End laps to be 6" minimum. C) Nails along side laps to be 9" on centered intervals, all hand nailed. D) Two rows of nails down center at 18" staggered intervals. 3. Install starter layer of smooth modified rubber under perimeter metal. (If applicable.) 4. Install flashing metal at all pipes (28 gauge), all metal to be primed using an asphalt primer. A) Coat with aluminum sealant to protect from ultraviolet degradation. 5. Target sheets- Installation of smooth rubber around all pipe penetrations. ( If applicable. ) 6. Install Zincalume Steel Perimeter Metal with 114" Lip. Metal nailed and sealed at all laps. 7. Install Smooth Surface Modified Rubber Base flashing at all curbs. 8. Install APP Modified Torch -Down Rubber. A) Side laps to be 4" minimum. B) End laps to be 6" minimum. EXHIBIT B City of Newport Beach Page 2 of 2 Final Details: I. Seal all pipes and vents with plastic roof mastic and cotton webbing. 2. Paint all pipes and vents with aluminum fibrous paint, protect from UIV rays. 3. All roof related debris will be cleaned up and hauled away. Notes: I. Terms: 10% upon signing, 50% at start, balance upon completion. City inspections cannot hold up final payment to Midwest Roofing unless directly related to roofing issues. 2. Damaged wood in roof deck will be replaced at: $3.25/ sq. Ft. (li2" decking), $3.251ft. (1 x), $6.75/ft. (2x), $5.25/ft. (T &G), $75.00 per rafter tail, Unusable scuppers to be replaced with new galvanized metal scuppers @ $110.00 each. 3. Warranty does not extend to skylights lens, A/C ducts, conduits, gutters, drains or other similar equipment. 4. Warranty not valid until contract paid in full. 5. Material and Labor release issued with final payment 6. Contractor shall not be liable for any internal damages caused by rain or for delays resulting from storms, floods, earthquakes, or other acts of the elements, or from strikes, fires, acts of other contractors, governmental controls, or acts of God, or from any other accidental or natural causes beyond its control. 7. Under no circumstance will Midwest Roofing, be held responsible for water standing or ponding on roofing surface. 8. Extra Work and Changes. If owner, Construction Lender, or any public body or inspector directs any modification or addition to the work covered by this contract, the charge for the extra work shall be determined in advance and the costs shall be added to the contract price in addition to contractor's usual fee for overhead and profit. Owner shall make payments for all extra work as the work progresses, concurrently with regularly scheduled payments. 9. Antenna(s) A /C, solar panels, pipes, internal accessories, or roof top equipment that is broken or damaged by normal re- roofing processes will be the owner's responsibility to replace / repair. 10. Cancellation Policy 20% of Contract Amount if Customer Cancels unless Agreed by both Parties. 11. Midwest Roofing is not responsible for disconnecting or reconnecting any electrical, gas, plumbing, HVAC or satellite dish modifications needed to complete newly installed roof systems. $7870.00 PLUS PERMIT ' 3 30 year material/7 year labor Please visit our website Cir, www.midwestroofingandsolar.com The undersigned, have read and agreed to all the terms and conditions on both sides of this contract. I agree to pay the amount set forth above and according to the terms therof. I acknowledge receipt of this contract. This agreement is valid for 30 days. Agreed to by: Date: Contractor: Date: Executed in Original Only Premium: Included in Performance Bond EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 2616934 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Midwest Roofing Company, Inc., a California corporation, hereinafter designated as the "Principal," a contract for the ROOF REPLACEMENT OF THE CARROLL BEEK COMMUNITY CENTER located at 115 AGATE AVENUE, BALBOA ISLAND, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Great American Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Seven Thousand, Eight Hundred Seventy and 00/100 Dollars ($7,870.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. EXHIBIT C The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 E?t. seq. of the Civil Code of the State of California_ And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any wise affect its obligations on this Bond: and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF: this instrument has been duly executed by the above named Principal and Surety, on the 19th day r 1 2011. Midwest Roofing Company, Inc. Authorizecl�jSignatur /Titl (Principal) _�/�/ GREAT AMERICAN INSURANCE COMPANY Name of Surety 950 Tower Lane, Ste 340 Foster City, CA 94404-2127 Address of Surety 650-570-6155 Telephone Auth ized Agent igi M .tha J..Chas ; At Priril Name and Tit e NOTARY ACKNOWLEDGMLNTS OF CONTRACTOF' AND SURETY MUST BE ATTACHED ture nney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On April 19, 2011 before me, Lilia Castillo, Notary Public Insert name and title of officer here personally appeared Martha J. Chase who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r.4-LILIA CASTILLO Commission # 1767073 WITNESS my hand and official seal. Notary Public • California QWQwnm= Los Angeles CountyS901.2011 (Notary Seal) Signature of Notary Public INFORMATION BELOW IS RECOMMENDED BUT NOT REQUIRED TITLE/DESCRIPTION OF THE ATTACHED DOCUMENT DOCUMENT DATE NUMBER OF PAGES Additional Information CAPACITY CLAIMED BY SIGNER ❑ Individual(s) ❑Partner(s) 0Attorney- in-Fact ❑ Trustee(s) ❑Corporate Officer ❑Other zoo8 CA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / Countyof LOS 4NaL (E 5 CIVIL CODE § 1189 On 3 — r l before merhPgl p m._Rflms&i AYam" du b 11'e. Date Here In rt Name and Title of theofficer personally appearedR1-� ('_� t,) Name(s) of Signer(s) e who proved to me on the basis of satisfactory evidence to be the person(s) whose name s�aFe- subscribed to the within instrument and acknowledged to me thatel�ie�tl�ey executed the same in authorized capacity(ies}, and that by gh= signature(,5)' on the instrument the personm, or the entity upon behalf of which the person Xacted, executed the instrument. MARLEA M. RAMSEY I certify under PENALTY OF PERJURY under the Commission # 1770304 Notary Publlc - California= laws of the State of California that the foregoing '< -r " Los Angeles County 1! paragraph is true and correct. My Comm. Expires Oct 23, 2011 WITNESS my hand and official seal. Signature: , Place Notary Seal Above Signal o of r OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Loql3nlp, A Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing zutu National Notary Association • NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item 85907 CITY OF NEWPORT BEACH BOND NO. 2616934 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ 25 -OC price. 197.00 Executed in Original Only thousand of the Contract WHEREAS, the City of Newport Beach, State of California, has awarded to Midwest Roofing & Solar Corporation hereinafter designated as the "Principal," a contract for the ROOF REPLACEMENT OF THE CARROLL BEEK COMMUNITY CENTER located at 115 AGATE AVENUE, BALBOA ISLAND in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Great American Insurance Company, duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Seven Thousand, Eight Hundred Seventy and 00/100 Dollars ($7,870.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the EXHIBIT D event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications_ This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 9t da ri 1 2011. .. � • pwn — Midwest Roofing Company, Inc. Authorized Si ature/�/jTitle (Principal)�; 17 GREAT AMERICAN INSURANCE COMPANY Name of Surety 950 Tower Lane, Ste 340 Foster City, CA 94404-2127 Address of Surety 650-570-6155 Telephone AuthofizA `Aclent Sidhiatu Marfha J. Chase,�Atto Print -Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHEF) -in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On April 19, 2011 beforeme, Lilia Castillo, Notary Public Insert name and title of officer here personally appeared Martha J. Chase who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r.4, LILIA CASTILLO Commission # 1767073 Notary PublIC - California WITNESS my hand and official seal. los Angeles County Com-► 112011 (Notary Seal) Signature of Notary Public INFORMATION BELOW IS RECOMMENDED BUT NOT REQUIRED TITLE/DESCRIPTION OF THE ATTACHED DOCUMENT DOCUMENT DATE NUMBER OF PAGES Additional Information CAPACITY CLAIMED BY SIGNER ❑ Individual(s) ❑Partner(s) MAttorney-in -Fact ❑ Trustee(s) El Corporate Officer ❑Other zoo8 CA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Lo s A C 5 CIVIL CODE § 1189 On L -3 - z o ► I before me, M A P M r-+kini ms c y /U 07 -A -1Z V /9y Date Here Insert Naryfe i6nd Title of the Officer personally appeared e �1e(s) of Signer(s) e who proved to me on the basis of satisfactory evidence to be the person(pl whose name(o subscribed to th within instrument and acknowledged to me that slieA+rey executed the same in r authorized capacity06), and that by Ais=-r signature(on the instrument the person(or the entity upon behalf of which the person(Xacted, executed the instrument. MARLEA M. RAMSEY Commission # 1770304 1 certify under PENALTY OF PERJURY under the _ Notary Pub11C - California : Los Angeles county laws of the State of California that the foregoing MyC0mm.B0es0ct23,2011 paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above OPTIONAL Signature of NoYary.PGbli ?// ( 1 ( � 1 � C /\( i/' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document / Title or Type of Document:l�r �) 1I( �� ►�,/7 F} ►� C ��L� /�� _ Document Date: 5 - 3 - 1 I I Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT %O,FSIGNERTop of thumb here Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing w lu rvurary rssuaaoon • Nauonamiorary.org • 1-SUU-UJ NUTAHY (1-SUU-tl7U-6827) Item #5907 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than ONE No. 014194 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power MARTHA J. CHASE LOS ANGELES, $75,000,000.00 CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attomey(s}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereurto affixed this 10'h day of, AUGUST , 2009. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-412-4602) On this I& day of AUGUST , 2009, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2068 have not been revoked and are now in full force and effect. Signed and sealed this 19th day of , ,yp r i l 2011. S1029Y(10/08) NY 8587 SPATS OF CALWQRW DEPARTMENT OF INSURANCE RAN FRAl4CMM �Ra>ca Certificate Of Authority Tea L'tcr Ckm", That, puromm m the rmn wAm Code of the State of Odomb, ORSAT aR ncm IRnORaACS'COrmAn -of GIRCIRIiATI, 0920 , oeptnittd wtdlrtlro wit 0970 , eabAnt to W At*&& of iaoarrx m*n.or other *4mnmw OW AtaMW docmritnk, to hwra v "&,f wl ar *WNW wuhht ahtt Stator atilrfant to alt lrroo0dont o/ ersla C,trlgPtme, the fa>rattynR alataee of Ruaranem PIRR 9a m, 4U1my, .013"ILITY, PLAT% 0LU3, X.AMILM, WORIM, CORpn aTIOR. COAM Oiat'spa "LI"==T,, ROiLRR Awn lCiC9 aky, mat-mm'. CmDIT. SPRIRKUM, ftW AND AHMS, WfbWHILT, #,MCRM aril JUSCnZWOUS asavCJi cleave as noruor maY Irra/tsr be dt�ard M list Imwroncs Lww el fi+e 9mtr o/ Cad(anL% Tact i oauauts to aW&* wndA mad Wft the Adder Aaw4 now Mel keroa/trr belm ht f a MWOUmee V*h dt, ad me to ddown df wW of the w m sh famed detohd rfow ameau rode wd fv &A*" of At law Q/ 60 Stave of Calgonga at free a "A lm w or taytdremmnk we to *lad and apttLLoal>lt. woo ao aatk lwaa and tmp* awrda ww ere, or may hnru ffer he or amerdad Ie Wala" Waatc ". 4mawt not 110 6th „dav of. Imo'' bdr I8_Z4; r Awe haw w at wp Ad ftd mod *WO& t anal to h d'amd Ak._.�f*h_._ by tt sRS14flRi9EL lY 74. mwn M s mmplabeA a TOTAFM br tba cd a....:. 00� Ows of Amkwoy. thtB.ro b do w win be a vb40on of Lt. CO& S46 %1 ii&wU d AWitodtr pofbut to dw wvammft made in tht WWRO WD do M ate IY.W"„rMaw CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 5 -06-11 Date Completed: 5 -06 -11 Dept./Contact Received From: Sent to: Shari Shari By: Joel CompanylPerson required to have certificate: Midwest Roofing and Solar 1. GENERAL LIABILITY A. INSURANCE COMPANY: Valiant Insurance Co. B. AM BEST RATING (A-: VII or greater): A: IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M Occ /$2M Aggregate E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. 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 I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Endeavor Wording. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: General 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 (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 CSL E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Endeavor Wording 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: American Zurich Insurance Company B. AM BEST RATING (A-: VII or greater): A +: XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO. WHICH ITEMS NEED TO BE COMPLETED? Approved May 6, 2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ❑ Requires approval /exception /waiver by Risk Management B&B initials Comments Approved: Risk Management Date From: FAXmaker To: City of Newport Beach Page: 2/3 Date: 5/6/2011 4:51:23 AM CERTIFICATE OF LIABILITY INSURANCE ATEWL20 iYY) 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, ANDTHE CERTIFICATE HOLDER IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 Mark van Wert Go Willis of Florida, Inc. 3000 Bayport Drive: Suite 300 CONTACT NAME: [O Na d : (800) 353 -5304 ext. 239 FAX 66 271 -1891 WC, No: (S ) 6uAIL. ADDRESS, a1SUREHIS) AFFORDING COVERAGE NAICi Tampa, FL 33607 INSURER A: American Zurich Insurance Company 40142 INSURED Employee Leasing Solutions, Inc. Labor Contractor, for leased workers to: Midwest Roofing Company, Inc INSURER B INSURER c: $ COMMERCIAL GENERAL LIABLLRY CLAIMS MADE OCCUR 1401 Manatee Avenue West Suite 600 INSURER D INSURER E Bradenton, FL 34205 -6708 NSURER F MED EXP(Any are Persm) S COVERAGES CERTIFICATE NUMBER: I iFLO79815007 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 ryPE OF INSURANCE WVD - -- POLICY NUMBER POIJCY MMIDD/YYY POLR:Y IXP MM - LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABLLRY CLAIMS MADE OCCUR G D PREMSES(Ea owvrrwn S MED EXP(Any are Persm) S PERSONAL &AOV INARY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMD APPLIES PER: PRODUCTS - COMP OF AGG $ POLK:Y PflO- LOC $ AUTOMOBILE LIABILITY INGL r R Ea acatlenl BODILY INIURV f Per PeSOn) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODLY INJURV {Per accdertl $ HIRED AUTOS NOfTN-O ED PROP DA AGE $ $ UMBRELLA LIAB OCCUR EACHOCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS-MADE DEO I I RETENTION$ $ {i WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / It ANY PROPRIETOR PARTNER EY,EWTIVE OFFICER:MEMBER EXCLUDED? N r A WC 90.00 -65600 04/1812011 12(31/2011 X S ATU Y LMT R E.L.EACNACCIDENT $ 1,000,000 E.L.DEEASE- EAEMPLOYFE $ 1,000,000 (Mandatory in NM) Y yyex descrbe under DESCRIPTION OF OPERATIONS below E.L.DSEASF POLICY LIMn $ 1,000,000 i Location Coverage Period: 04118/2011 12!3112011 ClienIN: 053672 DESCRIPTION OF OPERATIONS /LOCATIONS, VEHICLES (Allach ACORD 101, Additional RemarPa Schedule, it mare space I5 required) Coverage Is provided for Midwest Roofing Company, Inc 115 Agate Ave only P 1305 W 132nd Street Nmporl Beach, CA leased to but not employees Gardena, CA 90247 leased to subcontractors of: Endorsements: Waiver of Subrogation City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1908.2010 ACORD CORPORATION. All rights reserved. I his fax was sent with GFI FAXmaker fax server. For more information, visit, http: / /wvvw.gfl com 04/12/2011 13:15 FAX Q002/006 01/27/2011 17:01 FAX f�003 /006 ivalirit THIS ENDOA$EMENT CHANGES THE POLICY. PLEASE RPAD IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Peron or Organization: Any Owner, Lessee or Contractor you have agreed to add as an additional Insured by written contract prior to an 'occurrence" or offense. Locatfon And Description of Ccmpleted Operations: Premium: (If no entry appears above, information required to complete this endorsernant will be shown in the ecfaratlons as appiicable to this endorsement.) Section ll — Who is An insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work° at the location designated and described in the schedule of this endorsement performed for that insured and included in the °producis- completed operations hazard ". CG 20 37 10 01 *ISO Properties, Inc., 2000 Page? of 17 O 50 04/12/2011 13:15 FAX 01003/006 Valiant Insurance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT 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. Section 11— Who Is An Insured is amended (1) The preparing, approving, or failing to include as an insured any person or to prepare or approve, maps, shop organization for whom you are performing drawings, opinions, reports, operations when you and such person or surveys, field orders, change organization have agreed in writing in a orders or drawings and contract or agreement that such person or specifications; and organization be added as an additional (2) Supervisory, Inspection, insured on your policy. Such person or architectural or engineering organization is an additional insured only activities. with respect to liability arising out of your ongoing operations performed for that b. "Bodily injury" or "property damage" insured. A person's or organization's status occurring after: as an insured under this endorsement ends (1) All work, including materials, parts when your operations for that insured are or equipment furnished In completed. connection with such work, on the B. With respect to the insurance afforded to project (other than service, maintenance or repairs) to be these additional insureds, the following performed by or on behalf of the additional exclusions apply: additional insured(s) at the site of 2. Exclusions the covered operations has been This insurance does not apply to: completed; or a. "Bodily injury", "property damage" or (2) That portion of "your work" out of "personal and advertising injury" which the injury or damage arises arising out of the rendering of, or the has been put to its intended use by failure to render, any professional any person or organization other architectural, engineering or surveying than another contractor or services, including: subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 33 10 01 © ISO Properties, Inc., 2000 Page 6 of 17 13 04/12/2011 13:15 FAX IM004 /006 t W�gt `. Insurance THIS ENDORSEMENT CHANGES THE POLICY, PLEASE MEAD IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTSPF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It Is hereby agreed that SECTION IV — COMMERCIAL GENERAL LIABfIL17Y CONDITIONS, item 8. Transfer Of Rights Of Recovery Against Others To Us, is modified as follows: Schedule: Name of person or Organization: Any person or organization you have agreed to waive any right of recovery by written contract, prior to an "occurrence" or offense. 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. This waiver applies only to the person or organization shown in the Schedule above.exclusion — cross suits This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is hereby agreed that this insurance does not apply to: Any claim for damages by any named insured covered under this policy against any other named insured covered under this policy. This endorsement does not change any other provision of the policy. CG 24 04 10 93 Page IS of 17 Li 04/12/2011 13:15 FAX 1/005 /006 01/27/2011 17:01 FAX %005 /005 Mant 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART To the extent that this insurance is afforded to any additional insured under this policy, such insurance shall apply as primary and not contributing with any insurance carried by such additional insured, as required by written contract. Nothing herein contained shall be held to waive, vary, alter or extend any condition or provision of the policy other than as above stated. V — CGL 1014 115 08 Page 12 of 17 13 From: FAXmaker To: City of Newport Beach Page: 313 Date: 5/6/20114:51:24 AM WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone 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 per- form 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. The additional premium for this endorsement shall be $o of the California workers' compensation premium otherwise due on such remuneration. Person or Organization IN FAVOR OF: City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 SCHEDULE Job Description 115 Agate Ave Newport Beach, CA 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 the policy.) Endorsement Effective: 04/18/2011 Policy No: WC90-OP856 -00 Endorsement No: Insured: Employee Leasing Solutions, Inc. Labor Contractor, for leased workers to Midwest Roofing Company, Inc Insurance Company American Zurich Insurance Company Countersigned by WC 03 06 Co Copyyrr ight 1963 National Council on Compensation Insurance This fax was sent with GFI FAXmaker fax server For more information, visit: http: / /www.gfi.com