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HomeMy WebLinkAboutC-5112 - Agreement for Repair Services for Carrol Beek Roof ReplacementAGREEMENT FOR REPAIR SERVICES WITH MIDWEST ROOFING AND SOLAR CORPORATION FOR CARROL BEEK ROOF REPLACEMENT 1 THIS AGREEMENT FOR R PAIR SERVICES ( "Agreement ") is made and ventered into as of this 23r day of "AV , 2012 ( "Commencement Date ") by and between the CITY OF NEWPORT 'BEACH, a California municipal corporation and charter city ( "City "), and MIDWEST ROOFING AND SOLAR CORPORATION, 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 requires roof replacement at the Carroll Beek Center. C. City desires to engage Contractor to replace the roof at the Carroll Beek Center ('Project "). D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Commencement Date, and shall terminate on June 30, 2012, unless terminated earlier as set forth herein. 2. SCOPE OF SERVICES 2.1. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Contractor shall perform all the work described in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference ( "Services" or "Work "). As a material inducement to the 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 professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 2.2. Contractor shall perform everything 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. 3. TIME OF PERFORMANCE 3.1. Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to 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 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 soon as reasonably possible, but no event later than ten (10) 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 telephone, fax, hand - delivery or mail. 4. COMPENSATION 4.1. As full compensation for the performance and completion of the Project as required by the Scope of Services and Fee Schedule attached hereto as Exhibit A, City shall pay to Contractor and Contractor accepts as full payment the sum Seven Thousand, Eight Hundred Seventy Dollars and 00/100 ($7,870.00). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. The City shall make progress payments as the Work proceeds based on the percentage of Work completed. City shall pay Contractor no later than thirty (30) days after approval of the progress invoices by City staff. 4.2. Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the maximum amount provided for in this Agreement, no further payments shall be made until City has accepted the final Work under this Agreement. 5. ADMINISTRATION This Agreement will be administered by the Public Works Department. Tom Sandefur, Associate Civil Engineer, or his designee shall be the Project Administrator and shall MIDWEST ROOFING AND SOLAR CORPORATION Page 2 have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 6. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 6.1. Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the Project Administrator. 6.2. 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 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. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1. 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. 7.2. 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. 7.3. 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 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). MIDWEST ROOFING AND SOLAR CORPORATION Page 3 7.4. 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 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 the Consultant. 7.5. Contractor shall perform all Project Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 7.6. 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. 7.7. The rights and obligations set forth in this Section shall survive the termination of this Agreement. 8. 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 Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 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 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. 9. 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. 10. INSURANCE 10.1. 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 MIDWEST ROOFING AND SOLAR CORPORATION Page 4 amounts described below and in a form satisfactory to City. The cost of such insurance shall be included in Contractor's bid. 10.2. Coverage and Limit Requirements. 10.2.1. 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. 10.2.2. General Liability. 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. 10.2.3. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 10.2.4. Builders Risk. For Agreements or 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. 10.3. Other Insurance Provisions or Requirements. 10.3.1. 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 MIDWEST ROOFING AND SOLAR CORPORATION Page 5 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 Agreement. All of the executed documents referenced in this Agreement 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. 10.3.2. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 103.2.1. 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. 10.3.2.2. 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. 10.3.2.3. 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. 10.4. 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. 10.5. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 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 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which 10 days notice is required. MIDWEST ROOFING AND SOLAR CORPORATION Page 6 10.6. 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. 10.7. 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 agreement. 10.8. Waiver. 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 and insurance clauses from each of its subcontractors. 10.9. Enforcement of Agreement 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. 10.10. 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. 10.11..City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement 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 and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. 10.12. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the city or its operations limits the application of such insurance coverage. 10.13. 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 or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that MIDWEST ROOFING AND SOLAR CORPORATION Page 7 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 days of the expiration of the coverages. 11. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 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 to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him /her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 12. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the Work outlined in the Scope of Work 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 Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 13. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this 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. MIDWEST ROOFING AND SOLAR CORPORATION Page 8 14. CONFLICTS OF INTEREST 14.1. 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 Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 14.2. 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. 15. NOTICES 15.1. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Thomas Sandefur, Associate Civil Engineer City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Email: tandefur@newportbeachca.gov Phone: 949 - 644 -3312 Fax: 949 - 644 -3318 15.2. All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Robert Poxon, Senior Project Manager MIDWEST ROOFING AND SOLAR CORPORATION 1305 W. 132nd Street, Gardena, CA 90247 Email: rp.midwestroofingandsolar @gmail.com Phone: 310 -213 -7663 Fax: 310- 515 -1403 16. NOTICE OF CLAIMS 16.1. Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under the 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 MIDWEST ROOFING AND SOLAR CORPORATION Page 9 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Agreement, 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.). 17. TERMINATION 17.1. 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, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 17.2. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement. 18. STANDARD PROVISIONS 18.1. 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. 18.2. Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 18.3. 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 Contract or implied covenant shall be held to vary the provisions herein. 18.4. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shall govern. MIDWEST ROOFING AND SOLAR CORPORATION Page 10 18.5. 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. 18.6. Effect of Contractor's Execution. Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. 18.7. 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. 18.8. 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. 18.9. 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. 18.10. 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. 18.11. No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 18.12. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] MIDWEST ROOFING AND SOLAR CORPORATION Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: z- LI 1 i By: f Aaron C. Ha p City Attorney ATTEST: �f z31 Date: / By. Leilani I. Brown City Clerk Attachment: CITY OF NEWPORT BEACH, A Califorr}ra mp• nicipal corporation Date: :n G. Badum Works Director CONSULTANT: MIDWEST ROOFING AND SOLAR CORPORATION, a California Corporation Date: V By: I/ Darren Ta'ngen Owner Date: ByQ Delcia Banner Executive Secretary [END OF SIGNATURES] Exhibit A - Scope of Services and Fee Schedule MIDWEST ROOFING AND SOLAR CORPORATION Page 12 EXHIBIT A SCOPE OF SERVICES AND FEE SCHEDULE MIDWEST ROOFING AND SOLAR 1305 W. 132nd Street, Gardena, CA 90247 (310) 515 -1464, Far (310) 515 -1403, Lic. 9769615 Bringing Midwest Values & Integrity to Southern California for Over 30Fears Date: March, 22. 2011 Customer: City of Newport Job Address: 115 Agate Ave. C /O: Tom Sanderfur Newport Beach Ca. 92663 Phone: 949 - 644 -3312 Fax: 949 - 644 -3318 From: Robert Poxon Phone #310 -213 -7663 CAREFULLY REMOVE ALL OLD ROOFING AND INSTALL 30 YEAR (DIMENSIONAL SHINGLE ON PITCHED SECTION. INSTALL A.P.P. MODIFIED RUBBER ON FLAT SECTION. Preparation: L Carefully remove all old roofing and haul away 2. Inspect deck and replace rotted wood AS PER CITY CODE. Roofing: 1. Install Non - Perforated 1516. 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. Intee 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 1/4" 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. City of Newport Beach Page 2 of 2 Final Details: 1. Seal all pipes and vents with plastic roof mastic and cotton webbing. 2. Paint all pipes and vents with aluminum fibrous paint, protect from UN rays. 3. All roof related debris will be cleaned up and hauled away. PRICEs $7870.00 PLUS PERMIT CERTIFICATE OF INSURANCE CHECKLIST (City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 4/11/2012 Dept. /Contact Received From: Date Completed: 4/11/2012 Sent to: Company /Person required to have certificate: Type of contract: Tania Joel Griffin By: Tea Xia Haupt Industries dba Nlidwest Roofing & Solar All Other I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 9/15/2011- 9/15/2012 A. INSURANCE COMPANY: First Mercury Insurance Co B. AM BEST RATING (A-: VII or greater): A, XIII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No $1,000,000/$2,000,000 D. LIMITS (Must be $1 M or greater): What is limit provided? for Occurrence /Aggregate E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? N 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 N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 5/24/2011 -5/24 -2012 A. INSURANCE COMPANY: American States Insurance Co B. AM BEST RATING (A-: VII or greater) A, XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N 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 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 N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No 111. WORKERS' COMPENSATION EFFECTIVE /EXPIRATION DATE: 12/31/2011- 12/31/2012 A. INSURANCE COMPANY: American Zurich Insurance Company 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 $1M or greater) $ $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 4 -13 -12 Date RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval /exception /waiver: Approved: Risk Management " Subject to the terms of the contract. Date ACC- ,?•'n'i" CERTIFICATE OF LIABILITY INSURANCE YI O('jLl('G CERTIFICATE 91.AY BE ISSUED OR MAY PERT!-.'K THE INSURANCE AFFORDED BY THE POLICIES IZ(112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS .A CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY MEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES 140T CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cuRilicate holder is an ADDITIONAL INSURED, the policy(ies) must he endorsed. If SUBROGATION IS WAIVED, subject to the torms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate bolder in lieu of such endoi soment(51. PRODUCER CONTACT Hark van :4Bfi UD 4:4:1:5 Of Florida, inc. Pea:c °N`O Fa17: (80337 293 -3ti00 Ext. 62 IA,c.:1o): (8821 225 -4045 E -LV n. -- ffpReNs: 3000 Bayport Dive: Suile 300 Tampa FL 331107 rvsUP.E.4151_.FFORDWG COVERAGE NAICs _ —.__- wsunail: Amadcan Zurich Insurance l.Ompdny 140142_ RSURED I�.•SI URER B: i V :4rkAfLT.'OUsinv'ss Se: vices. Inc. Labor C.b:ilmotor, for leased viorkers 10' — r :cd:•fesl Roofing_: and Solm. Inc. IN5uR SAC: j — — '1401 V'lesl Ste 600 I INSURER U B:EdenlDO. FL 34205 -07CS I nsursER e_ i _ _ :,ia X;.•i. ?D II:SUP.EP. P: COVERAGES CERTIFICATE NUMBER: 11F1.0 79 8 1 5004 REVISION NUMRPR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREU NAMED ABOVE FOR THE. POLICY PERICD INDICATED, r• M', %11TFISTANLIII.'G ANY REQUIREMENT, TEFW. OR CONDITION OF ANY CONTRACT OR OTHER DOCUP:lENT VVITH RESPECT TO WH:CH THIS CERTIFICATE 91.AY BE ISSUED OR MAY PERT!-.'K THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 1'0 ALL THE EXCLUSION'S AND CONDITIONS CF SUCH POLICIES. U1d17S SFO'AV.AAY RAVE BEEN REDUCED BY PAID CLAIMS- man —PULL GiaR; POLICY EFF LID: TYPE Of LVSN'.ASCE IIrcRR'C /Yal POLICY :iUN9ER Id11JrDD'YYYYI ,IMMVDDIW1 PPOLIC'! EXP — —� ) LIMITS CENCRALLIAGILfY PaCHOCruersi -I.G= Is CCWV.Ei.. _s._R+L.aY: i PEFISA&i.l a+.DY IGJUnY 7s 1 GEHEiW.L AWREur_i,E. a . I+L P :C.=. °_i= Ir.B: :.'Ol_Ci P °_2 - I 'Ph' : :CGCfS.::�ar✓'OP �'� i_.__ -RC- P .I AUTOI.IOGILE LIAGGJIT COV.E;HE-3r:. :GcC _INIT �uur_mli _ I _ _ +CO.LY :VIURYIPU; :rso :,t -- eULEO dGT : :Y INJURY G :r acuExa;IS — Au,05'Da -- : :,ia X;.•i. ?D Pk::F <Tf DA:JnC° _- -T— Mavm� -Lre., ._— UMBRELLA LIAR F. I - �— EXCESS LITD— :..IL4 ?d1A_�E • M.C. iRE1- r.r0':: WCRRERSCOMPENSATmn I X ; _STATU- jOTi � 1 AHD E &IPLOYEnS' LIAOILFY Y: is 3Y : ofr= a ?PhiF,iClc:".F.cLER.p :[CJTIva= I,,; I H =ICEFl; =s9E'r nIA 9PW666 -01 :12131,1201.1 I=t-ci C'-.: CIDE:T _ 1.0'-10!000 1,.131 ?2072 • ` ' ' ' - - : aP s.;ca :� ,C ` Pr :�naalop In rlHl j E.L_Cl E -gB c} _11PLGi' -r.. 5 1.0101J00 I D °Rfa :i +T'C`L� {= EBAI G•:S tecv I I I EL fY<E^jE- FCL4.'.1 LllAlr { 5 1.]']0,00L' I i Location Coverage Period: 12!31;2011 I 12131f20121 Client,,' 0536:5 I DESCRIPTION OF OPERATIMS r LOCA-RONS I VEARCLE5 IA:Inall ACORO 101, AdJWQ,1a1 Ren—'- 5cll Wule, II mora aP+ce b t,Vu,,d) Midwest P.00fsc and Soiar.:nc, I It Agate: ,e Co•:enae c. crA.lde:l Ix 1305 Y`t i3211d SU <EI Ne : :aort Beach, CA IP[dC enxuyee; <- Gardena, c= I leaz1ea! ec n.a: nc1 .92n. u;con;:ac;cr c', C]1y at raempon BRecF, :i3C0 P:ev:poa .Iva Newpol: Eeach. CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 2E CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE V:RH THE POLICY PROVISIONS. AVT::ORRED REPRESENTATIVE / r V G 1980 -2010 ACORD CORPORATION. All rights reserved. ACORO 25 (2010!05) The ACORD name and logo are registered marks of ACORD WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA WC 04 0306 ,Ed. 4-34, VVe have the right to recover our payments Irom anyone liable for anJnjury covered by this policy. We will not enforce our right against the person or organ¢ation narned in the schedule (This agreement applies only to the extent that you per- form work under a written contract that regaires you to obtain this agreement from us.; You must mainlain payroll records accurately Segregating the remuneration oiyour employees while engaged in the work descrhed in the Schedule. The additional premium for this endorsement shall be 50 of the California workers' compensation premium otherwise due on such remuneration. Person or Organization IN FAVOR OF: Ciiv of Newport Beach S160 Ne,,pon Bo- ;d .Abmpaa 3each. CA W563 SCHEDULE Job Description 115.4,, ate Ave Hev,pcn Beach. CA This endorsement changes the policy to which it is attached and is efiective on the date issued unless other;•;ise slated. (The information below i� required only when this ondorseniont is issued subsequent to preparation of the policy.) Encors=_ :1enl Effective: 5 _:31;201 ; Pok- y Pa: v: c r:7 -ou- 356-01 Endorsement No: Insured: s,y,,.10 : ��: n,,ires5 Services. Inc. La.h *r Cor;nztor. ur leasedvorkers to Mid':ve;t Roofing aril Snlat, ICO. I'!SUrFnCc COITtpam': 5jaar:car. Zurich I.nsur ncs Ccmpan,• Coumersigred by WC 04 03 06 Copyright 1933 National Council on Compensation Insurance �j"��.+'<' 09 %113: "ill2 1.ii :US FAN e 001; OIIG ACORD CERTIFICATE F I I j NSURANICE DATE(I:IDD'(YYTI s 4A1 o41o3no1z j PRODUCE(: 310 -798 -0232 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION GARY KELLEY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE KELLEY INSURANCE SERVICES HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I 1C01 HERMOSA AVE STE 201 I HERMOSA BEA.0 H, CA 90259 I INSURERS AFFORDING COVERAGE N All C : _- liisuaeo HA.DPT INDUSTRIES OBA E11DWEST ROOFING & 1 WSU :RERA: FIRST MERCURY INSURANCE GO SOLAR. INC, MIDWEST ROOFING CO INC ININND: AMERICAN STATES INSURANCE CO I 6 7365 W1EST 132ND STREET : D:suaERc FIRST MERCURY INSURANCE GO 1 C GARDENA CA 90247 ID 629192 — _ BeSUSER> . COVERAGES THE POLICIES OF II ".SURA'ICE JSTE7 UE! OW HAVE SEEN ISSUED TO THE INSURED NAMEC ABOVE. FOR THE POLICY PERi001NDICP.TED. r4DTJilTHS'TANDING ANY REOUIREhIENT, rERNI OR CCAOITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH RESPECT TO VWCH THIS CERTIFICATE !.1AY BE ISSUED OR MAY PERTAIU, THE INSURA.ICE AFFORDED BY TF.E POLICIES DESCRIBED HEREIN IS SUSJHCT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIGIES.AGGUEGATC LIMITS SHOW`! 14AY FAVE SEEN REOUCCO BY PAIL CLAIMS. WSR AAG i .�_.. _._- __- ..._..__.. LTR IL%flD POLICY NUMBER I POp �T I+uFFCCi14C Ppt.l(:A V�IQFP�ATIOV LIMITS LIABILJfliU9CRS I G[T :GR.0 UADn.IiY I ) EACHOCCURR::NCE i 3 1000000 A X r CONIVERCIALCENEIU! UA2MITY I FCGL042771-0 01'15/11 9i'1512012 EAI_E wm t s 50009 JCLRAfRIAnCE C {,CURT I IeEV [:(P(Any DIltl PSrPP1 '$ SGDD ' BLANKET CONTRACTUAL ' I XI`NP.IVER OP I � � PERSONAL LhDVItiJURY is 1000600 XjOLAN_KEl' I i GENERAL AGGREGATE ;S 2000000 I GEE: ?A3GREvhiF. ;IS'AT AFYUES FER :; I PROLUCTS, LOM AOP ACG IS 2600000 PR0 • I ,wlomcnELr unumirY I. -_ B X X1ANY AUTO D1 C'1353876 -2 5/2412011, 512412012 COHRF£OSII:GLE L!1.'li 1000000 E. a..anl) I5 BCCIL."fA RY i I I A'J_GN'Y.EDAUTO'a I I �' a::FEULT.eOiYJTGS i ° — ryerpe ,tnj ! _ I j X I f!IREO:J1'CL I -' ^OD!LY G =URY I_PnrncitlnRD i � . Idi4.JtYKE =ALTG9 i E -- FRO ?!Rl'Cn!.1hG'_ ' I I I IPMdfY.OEII: 1 - I224 AGE Lllll J Y i I !A`3NLY. EFACCIDEVL 1S ANTI AUTO 1 _ OTHERTF: FJI EAACC. I IAUTO:IVLY: I AGG £ I 1 EXCESSRIAIDRELA LIABILITY I EICIIOCcuRnEIICE S 2000000 C ' ii G:. -J R ' I CLAVC. LURE FCEX042655 I 9T'2612011 912012012 FrG s C- DUCT. IKE "p- I -- WOP,IIERS COMPENSATION AND I '�CRiATW' CTW ;i -JRx L.lE1TSi ER EMPLOTERS'LVUULITy - i A : " RROFRc7O R:P.0.Rl N ?R :EX CIJ :f :E A_HArCIDENT 5 ..__ ' CERLIHAJLR E :tCLb OE01 'e.l. DISEASE +EA E6EPLCYEEI 5 r•IInp, JCPa :N matt ' CCCCIf L °F.3d i101A:ol:':. _ I " E.L. 01 &6 \SES rPOLI : :Y LI511T ' S OTHER I I 1 1 DESCRIP7014 OF OPERATIONS I LOC,V IONS l VSIIICLESIEXCLUSIUNS ADDED BYEUDOR50,1ENTISPECIAL PROVISIONS CITY OF NEWPORT BEACH IS :NAI.,lED ADDITIONAL INSUREDS ON THE GENERAL LIABILITY POLICY AND EXCESS LIABILITY POLICY I PER ATTACHED PER AI TACHED C1320371001, CG20331001, CG24041093 AND FIAIC GL -2031 (1012010) INSURANCE IS PRIMARY NON CONTRIBUTORY. JOB 115 AGATE AVE NEWPORT BEACH CA TE CITY OF NE!VPORT BEACH 3300 NEiNPORT BLVD NEWPORT BEACH CA 92663 ATT TOIA SHCVLO ANY OF THE ABOVE DESCRIDED POLICIES BE CANCELLED DEFORE THE EXPIRATION OkW. THEREOF, T.IE MUMS (SURER YHa {.?JEyFAygg40 IAAIL 30 DAYS V.- Mr,,'ER NOTICE TO DIE CERTIFICATE IIOLDLR NAMEO TO THE LEFT, FfUTYMLVRG- AY°690-0MLL PcPess ^ ^wn- u.p�l —to -uPQI- Ga Ts:.n^� 04:43:2012 L0: 09 FAX Q 003%006 COMMERCIAL GENERAL LIABILITY THH3 ENDQRUc €u9EA1T CHANGES THE POLICY. PLE!A5E READ r�� j I++T CAREFUL Y. �fl� f�i1�.�rryy���is��� n�,k"���`n� 6�!) f ��[raaa �C��'����g2:I3atl� �[�n ;� y,�gg�y� �rP�� g J Z 0.".',, !S.� EeJJ ".I: 6I�., 4 h i "� 7 L'� cry} . $ ,'~„� z., a � 4'U a �ftS a �{, i ? i! Y P'S 1 2r 5 H �$ `k6 Nd This endorsement modifies insurance provided under the follow: ing: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Suction 11 — Who Is An Insured is amended to b. "Bodily irijuy" or "property damage" Include as an Insured any person or organization occurring after: for whom you are performing operations when you (1) All wor'r„ including materials, parts or and such porsen or organization have agreed in equipment furnished in connection with writing In a contract or agreement that such person such work, on the project (other than or organization be added as an additional Insured service, maintenance or repairs) to be on your policy, Such person or organizeiior, is an performed by or on behalf of the addldonal insured only with respect to liability additional insured(s) at the situ of the arising out of your ongoing operations performed covered operations has been completed; for that Insured. A porson's or organization's status' or as an insured under -thin endorsement ends when (2) That portion of "your work" out of which your operations for that insured are completed. the injury or damage arlses has been put E. With respect 'to the Insurance afforded to these to is Intended use by any person or additional insureds, the following additional organization other than another exclusions apply: contractor or subcontractor engaged in ^., Ex lusions performing operations for a principal as a This insurance does not apply to: part of the same project. a. "bodily injury ", "property damage" cr "personal and advartlsing Injury" arising out of the rendering a,, or the failure to render, anyprofessionat architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field order:, change orders or drawings and specifications; and (;Zr Supervisory, inspection, architectural or engineering acuvlges. CG 20 S3 10 01 O !SO Properties, )nc., 2000 Pape h of t O 04/03/201.� L6:09 FAX t . NN'l T ft. f AC T 0 R S - C 0 M PLIE M OPERA IO.M..8 V" 004 %0116 This endorement modl8as insurance provided under the folla,nng: COMMERCIAL GENEPAL LIABILI I ( COVERAGE P(IRT i SCHEDULE oi OCC„�+'- �tCaStiri): - :. -. -.. _ .•. _ __ . IAny U'Wner, Lessee of Contractor you ma me agreed fo_a(:d aS an ao'eniormi Insurvo f By Wittori Contract Prlor To An "occurrence' Or Offense. Lome& -'l rl(i Pe o iptiaii of Gomplelod G?aoratlons: I , Premit;m: j k (if no entry apl�a s above, Iniomnatlon required to compute this endo sement'NII be shown in the Owc!aratlons <s anplIcz fo to this andarament) secg,o;, it— 1414`ho I-) bin insured Is amended to include as an insure', the person or organization shp +m in the Sr hedulo, but only whh.r �spsst to !iabid)ly arising rut of °),our vrork- at-the tocatlon designated and dpseribed in tho scinedule of this ends scY ent pe lamed for that Insured and Ineluded in the 'productsoomplotedaopertlons t rzarc�'. Pzge 4 of 1 CP 1-0 3; 1ti Ol C ISO Properties. ;r:., 2x00 f Od: 03: COL Ill: 10 F:13 0003100a TrHISENGORSEMEi f CHANGES THE POLICY. PLEASE READ ITC.AREFULLY. This endowment modilos insurance prodded under the foliming: COMMERCIAL GENERAL LIABILITY COVERAGE PART To the e ientihat this irsuranco is sgo;ded to any ad40onal Insured under this poll y, such InSUldnce shall eppl{y as primary and nctconhibutingviM any ina Wane carted by =ucb additional insured, as required by r.•ilten contract. Nothing heroin conlaned chall bo hold to valve, vary, sltor or ornend any conditionror provision of the policy other loan as above stated. This endOT OMOutfanns a part-ofL4c Policy to which attached, effective on Ihg Inceptlondateof the Pdicy untess Aervaise stated hefola ri hs {ollmirp infomingon is reyui rd only crh n lha endorsamerd is Issued subsequent to praparotion of the Policy.0 Endorsem an, cfNciva Policy No. FCGL042771 -0 Endorsement No. Named Insured W.UPT INDUSTRIES DBA ,MIDVIEST ROO FING Countersigned by SOLAR INC, ivIIDWEST ROOFING CO INC ' FM IC-GL-2031(1012010) ir- �u1 %•en iz its:to VAN PdlicyW.=Ler: FGGL042771 -0 �ooa;oor COMMERCIAL 0ENERAF LIABILITY Wi24 041.093 TH41S.EINUORSEMENT CHAMGES THE POLICY, PLEASE READ ITCAREFlit,_LY. OF � iGH S OF RISC VER he %G A U -S O T I-iIE RS" ` OC US This endorsement mod Mee insurance provid,i under thefdla.:ing: COb9YERCOL GENERAL LIABILITY COVERAGE PART It is hereby agreed that SECTION IV— COMMERCLAL GENERAL LIABILITY CONDITIONS, item 8. Transfer Of P.igltiz Of Recovery Against Others To Us, is mcdlfied as follows; schedui=: Name of person or Orcganiza ?ion: Any person or organization you have a9feed to waive any right of rgcovery by Written Contract, Prior To An "occurrence' Or Offense We waive any right of rgcovery we may have against the pr -xson or orgenizatim shown in the Schgdule. above be,mms of paUnants vie maka for Injury or damago artsrE out of your:oncgaing operations or "your wor(" dons undo a contact vrili) that Ipemcn cr organization. This waiver applies or hj to the person or organization shom in the Schsduleabove. GGZ4M 10 R3