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BRER2017-01071 f- aw . VOICE (760) 777-7125 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7011 DESIGN & DEVELOPMENT DEPARTMENT INSPECTIONS (760) 777-7153 BUILDING PERMIT Date: 11/9/2017 Permit Type/Subtype: RE -ROOF/ Owner: Application Number: BRER2017-0107 LQR GOLF Property Address: 54984 SHOAL CREEK 1 BUSH ST STE 1=.00 APN: 775141059 SAN FRANCISCO,:CA Application Description: PGA WEST / REROOF 54-984, 996, 008, 020 Property Zoning: ��) Application Valuation: $2,310.00. Applicant: Contractor: B R S ROOFING INC NOV ® 9 2017 B R S ROOFING INC 777 SOUTN LUGO AVE D, 777 SOUTH LUGO AVE SAN BERNARDINO, CA 92408 SAN BERNARDINO, CA 92408 CITY OF LA QUINTA DESIGN AND DEVELOPMENT DEPARTMENT (909)884-8505 Llc. No.: 907600 LICENSED CONTRACTOR'S DECLARATION I hereby affirm under penalty of perjury that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and my License is in full force and effect. - License Class: C39 License No.:,907600 r Date: Contractor: OWNER-BUI DE DECLA TION 1 hereby affirm under penalty of perjury t at I am exempt from the Contractor's State License Law for the following reason (Sec. 7031.5, Business and Professions Code: Any city or county that requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for the permit to file a signed statement that he or she is licensed pursuant to the provisions of the Contractor's State Licen§e Law (Chapter 9 (commencing with Section 7000) of Division 3 ofthe Business and Professions Code) or that he or she is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a !, .permit subjects the applicant to a civil penalty of not more than five hundred dollars ($500).: (_J I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale. (Sec. 7044, Business and Professions Code: The Contractors' State License Law does not apply to an owner of property who builds or improves thereon, and who does the work himself or herself through his or her own employees, provided that the improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he, or she did not build or improve for the purpose of sale.). ( ) I, as owner of the property, am exclusively contracting with licensed contractors to construct the project. (Sec. 7044, Business and Professions Code: The Contractors' State License Law does not apply to an owner of property who builds or improves thereon, and who contracts for the projects with a contractor(s) licensed pursuant to the Contractors' State License Law.). (_J I am exempt under Sec. . B.&P.C. for this reason Date Owner: CONSTRUCTION LENDING AGENCY I hereby affirm under penalty of perjury that there is a construction lending agency for the performance of the work for which this permit is issued (Sec. 3097, Civ. C.). Lender's Name: Lender's WORKER'S COMPENSATION DECLARATION I hereby affirm under penalty of perjury one of the following declarations: I have and will maintain a certificate of consent to self -insure for workers' compensation, as provided for by Section 370L• of the Labor Code, for the performance of the work for which this permit is issued. I have and will maintain workers' compensation insurance, as required by SXL93�00ofthe Labor Code, for the performance of the work for which this permit is issued. My workers' compensation insurance carrier and policy number are: Carrier: STATE COMPENSATION INSURANCE FUND Policy Number: 9141962 I certify that in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that, if I should become subject -to the workers' compensation provisions of Section 3700 of the a e, I shall forthwith comply with case 6 pr visions. Date: Applicant: WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR. -IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. APPLICANT ACKNOWLEDGEMENT IMPORTANT: Application is hereby made to the Building Official for a permit subject to the conditions and restrictions set forth on this application. 1. Each person upon whose behalf this application is made, each person at whose request and for whose benefit work is performed under or pursuant to any permit issued as a result of this application , the owner, and the applicant, each agrees to, and shall defend, indemnify and hold harmless the City of La Quinta, its officers, agents, and employees for any act or omission related to the work being performed under or following issuance of this permit. 2. Any permit issued as a result of this application becomes null and void if work is not commenced within 180 days from date of issuance of such permit, or cessation of work for 180 days will subject permit to cancellotion. I certify that I have read this application and sta:e that the above information ' correct. I agree to'comply with all city and county ordinances and state laws re irtg to building construction, and hereby authorize representaYves of this city toe he above -men ione property for inspection purposes. Date: Signature (Applicant Q Agent): Date: 11/9/2017 Application Number: BRER2017-0107 Owner: Property Address: 54984 SHOAL CREEK LQR GOLF APN: 775141059 1 BUSH ST STE 12.00 Application Description: PGA WEST / REROOF 54-984, 996, 008, 020 SAN FRANCISCO,JCA Property Zoning: Application Valuation: $2,310.00 Applicant: Contractor: B R S ROOFING INC B R S ROOFING IR C 777 SOUTH LUGO AVE 777 SOUTH LUGC^ AVE SAN BERNARDINO, CA 92408 SAN BERNARDINO, CA 92408 (909)884-8505 Llc. No.: 907600 Detail: REROOF WITH FOAM AT FLAT AREAS ONLY [CRRC: 0770-0002] 2016 CALIFORNIA ENERGY CODE. i FINANCIAL INFORMATION DESCRIPTION ACCOUNT QTY AMOUNT BSAS SB1473 FEE 101-0000-20306 0 $1.00 Total Paid for BUILDING STANDARDS ADMINISTRATION BSA: $1.00 DESCRIPTION ACCOUNT QTY AMOUNT RE -ROOF - FIRST 2,000 SF 101-0000-42404 0 $53.05 DESCRIPTION ACCOUNT QTY AMOUNT RE -ROOF -. FIRST 2,000 SF PC 101-0000-42600 0 $106.11 Total Paid for RE- ROOF: $159.16 DESCRIPTION ACCOUNT QTY AMOUNT TECHNOLOGY ENHANCEMENT FEE 502-0000-43611 0 $5.00 'total Paid for TECHNOLOGY ENAANCEMEMT FEE: $5.60 STATE OF CALIFORNIA r� Prescriptive Residential Alterations That Do Not Require HERS Field Verification 'EC-CFIR-ALT-05-E (Revised 04/16) CALIFORNIA ENERGY COMMISSION CERTIFICATE OF COMPLIANCE CFIR-ALT-05-E Prescriptive Residential Alterations That Do Not Require HERS Field Verification Page 1 of 3 Project Name: PGA WEST RE -ROOF _ Date Prepared: 11/9/2017 . This compliance document is only applicable to simple alterations that do not require HERS verification for compliance. When HERS verification is required, a CFIR-ALT- 01 shall first be registered with a HERS Provider Data Registry. Alterations to Space Conditioning Systems that are exempt from HERS verification requirements may use the CFIR-ALT-05 and CFIR- ALT -05 Compliance Documents. Possible exemptions from duct leakage testing include: less than 40 ft of ducts were added or replaced; or the existing duct system was insulated with asbestos; or the existing duct system was previously tested and passed by a <. HERS Rater. If space conditioning systems are altered and are not exempt from HERS verification, then a CFIR-ALT-01 must be completed.ond registered with a HERS Provider Data Registry. Alterations that utilize close Cell Spray Polyurethane Foam (ccSPF). with o.density of 1.5 to less than 1.5 pounds per cubic foot having an R -value other than 5.8 per inch, or Open Cell Spray Polyurethane Foam (ocSPF) with a density of 0.4 to less than 1.5 pounds per cubic foot having on R -value of 3.6 per inch, shall complete and register a CFIR-ALT-01 with a HERS Provider Data Registry. If more than one person has responsibility for installation of the items on this certificate, each person shall prepare and sign a certificate applicable to the portion of construction for which they are. responsible. Alternatively, the person with chief responsibility for construction shall prepare and sign this certificate for the entire construction. All applicable Mandatory Measures shall be met. Temporary labels shall not be removed before verification by the building inspector. A. General Information 01 Project Name: PGA WEST RE -ROOF 02 Date Prepared: 11/9/2017 03 Project Location: SEE ATTACHED FOR PROJECT LOCATION 04 Building Front Orientation (deg or cardinal): OS CA City: LA QUINTA - PGA WEST 06 Number of Altered Dwelling Units: 07 Zip Code: 92253 08 Fuel Type: 09 Climate Zone: 15 10 Total Conditioned Floor Area (ft): 11 Building Type: Single Family 12 Slab Area (ft2) 13 Project Scope (Select all that apply): ❑ B. Insulation ❑ D. & E. Fenestration/Glazing - ADD ❑ G. Space Conditioning System (Heating, Cooling, Duct system) ❑ Lighting ❑✓ C. Roof Replacement ❑ D. & F. Fenestration/Glazing - REPLACE ❑ H. Water'Heating System ❑ Include Mandatory Measures? ' r CA Building Energy Efficiency Standards - 2016 Residential Compliance April 2016 NUMBERS/ STREET/ PHASE/ UNITS/ BLDG TYPE 1.. 54-984,-996,0081020 /SHOAL CREEK/ 16A/4/ 10M 2. 54792, 804, 816, 828 / SHOAL CREEK / 16A / 4 / 10M ` 3. 55-540,460,470 /RIVIERA./ 36A / 3 / 28M. 4. 55-240, 250, 260 / RIVIERA / 36A / 3 / 28M 5. 55-030, 040, 050 / RIVIERA / 37A / 3 / 28M 6. 80-435, 441, 447, 453 / OAK TREE / 9A / 4 % 11 7. 54-624, 620, 616, 612 / INVERNESS / 25B / 4 / 5M 8. 55498, 504, 510, 516, 522, 528, 534, 540 / FIRESTONE / 8GA'/ 8 / A 9. 54-400 / RIVIERA / 2E / 1 / G3BR •� STATE OF CALIFORNIA �� Drn�nrin+ivn Dncirinn+i-ml Al+nr-ftfinnc Thal• MP% AIA+ Dwnidww LJCD@ Giwld �IwrlFiws�i..r� CEC-CFIR-ALT=05-E (Revised 04/16) CALIFORNIA ENERGYCOMMISSION CERTIFICATE OF COMPLIANCE CF1R-ALT-05-E Prescriptive Residential Alterations That Do Not Require HERS Field Verification Page 2 of -3 Project Name: PGA WEST RE -ROOF Date Prepared: 11/9/2017 C. Roof Replacement (Prescriptive Alteration, Section 150.2(b)1H) 01 02 03 04 05 06 07' 08 09 10 11 12 13 PrnpnsPd Minimiim P.equirod R -value Method of CRRC Product Product Deck Initial Solar Aged Solar Thermal SRI Aged Solar Thermal 5RI Compliance Roof Pitch Exception ID Number Type Insulation Reflectance Reflectance Emittance (Optional) Reflectance Emittance (0 Tonal) SRI 5 2:12 N/A 0770-0002 FOAM .86 .71 91 88 ..20 .75 16 k'O" lete'�ROGv, NOTES: • Roof area covered by building.integrated photovoltaic panels and solar thermal panels are exempt from the above Cool Roof requirements. • Liquid field applied coatings must comply with installation criteria from Section 110.8(i)4. CA Building Energy Efficiency Standards - 2016 Residential Compliance April 2016 STATE OF CALIFORNIA Prescriptive -Residential Alterations That Do Not Require HERS Field Verification CEC-CFIR-ALT-65-E Revised 04116 CERTIFICATE OF CO.MPLIANCE Prescriptive Residential Alterations That Do Not Require HERS Field Verification ProlectName: PGA WEST RE -ROOF CF1R-ALT-05-E Page 3 of 3. 11/9/2017 DOCUMENTATION AUTHOR'S DECLARATION STATEMENT 1. . 1 certify that this Certificate of Compliance documentation is accurate and complete. Documentation Author Narr - Documentation Author Signature: Company: BRS ROOFING INC Signature Date: Address:zz 777 SOUTH LUGO AVE CEA/ HERS Certification Id nt cation (f pp icable): City/State/Zip: SAN BERNARDINO / CA / 92408 Phone: 909-997-2572 _ RESPONSIBLE PERSON'S DECLARATION STATEMENT I certify the following under penalty of perjury, under the laws of the State of California: 1. The information provided on this Certificate of Compliance is true and correct. 2. 1 am eligible under Division.3 of the -Business and Professions Code to accept responsibility for the building design or system design identified on this Certificate of Compliance (responsible designer). 3. That the energy features and performance specifications, materials, components, and manufactured devices for the building design or system design identified on this Certificate of Compliance conform to the requirements of Title 24, Part 1 and Part 6 of the California Code of Regulations. 4. The building design features or system.design features identified on this Certificate of Compliance are consistent with the Information provided on other applicable compliance documents, worksheets, calculations, plans an'd specifications submitted to the enforcement agency for approval with this building permit application. 5. 1 will ensure that a.registered copy of this Certificate of Compliance shall be made available with the building permit(s) issued for the building, and made available to the enforcement agency for all applicable inspections. I understand that a registered copy of this Certificate of Compliance is required to be included with the documentation the builder provides to the building owner at occupancy. Responsible Designer Name: SAME AS ABOVE. Responsible Designer Signature: IQ C Company: BRS ROOFING INC Date Signed: // Mol Address: License: 777 SOUTH LUGO AVE . 907600 City/State/Zip: Phone: SAN BERNARDINO / CA / 92408 9098848505 For assistance or questions regarding the Energy Standards, contact the Energy Hotline at: 1-800-772-3300. CA Building Energy Efficiency Standards - 2016 Residential Compliance April 2016 Buiiding # 1 CHAMPION ROOF PLAN f , Buildinq Type -10 M ** OUR- All Shaded Areas 1 54.-9.84, 54-996. 55+0.08. 55-020 shoal Creek ZIP PS _(Z� {-�3� D l _ 1'o PS 4,�� e . � j J Building # 2, CHAMPION ROOF PLAN Building Type -'10M , � � pot-, up" 4 ** BUR- All Shaded Areas 54-79.2, 54-804, 54-816, 54-828. Shoal Creek N) t Air Li T- s (>AA � J � a ti Building.# 3 CHAMPION ROOF PLAN Building Type— 28M «« BUR= All Shaded Areas 1 j oP S - 3 M ate. - (3) I o .r-+- 55-45.0, 55-460, 55-470 _ Riviera I .S U Buiidinal 4 CHAMPION -ROOF- PLAN. L Ruildinai Tyae�-_28M ; y O y o .........t / .._. • ' r � � Y.s'Y� i. • t BUR- All Shaded Areas t r 5.5-240, 55-25.0, 55-260 Riviera `fDr- h ---"--(3A4- J)' . 42 17 1/ l/le.4,I)rP T Building # 5 - , CHAMPION ROOF.PLAIN Builditica Type— 28M i-.._ ............. ! ._.._...... -----____ v t y a , a. 1 g ' l.... -....a _ • - ' III ! .. � i \ . _ ♦ ........... _- . r : - � ! � - •moi 'BUR- A11'5haded Areas - _ '55=030, 55-040.•.55,05.0 Riviera s 2 A Z - Z - " Building -k6 CHAMPION ROOF PLAN Building Twe-11 :g }-a` .... ** BUR - All Shaded Areas ONLY "!` .........._....... 3T 80435,10-441.'80--447.-80-453 OAK TREE t Buildinq # 7 LEGEND ROOF PLAN Buifding Type -5M , 1, *" :8Ult- All Shaded Areas 1, 1 ' 5.4-624, 54-620,- 54-616, 65-61.2, Inverness Ll I Building 8 GREENS ROOF PLAN BuNdina Type- A ** BUR- All Shaded Areas ** BUR- All Shaded Area: 54--.4.00 Riviera ` 2017 AGREEMENT for INSTALLATION of. POLYURETHANE FOAM ROOF SYSTEM PGA WEST. RESIDENTIAL ASSOCIATION, INC. This Agreement is made this — _ 7 by and between PGA WEST Residential Association, Inc., a California Non -Profit Mutual Benefit Corporation ("ASSOCIATION"), and BRS Roofing, Inc., a California Corporation, CONTRACTOR License number 907600 ("CONTRACTOR"). RECITALS A. Pursuant to the ASSOCIATION'S Declaration of Covenants, Conditions and Restrr,ctions ("Declaration"), the ASSOCIATION is responsible for, among other things, the maintenance, repe.ir and operation of all . common areas and common facilities within the ASSOCIATION. In addition, certain other incidental obligations are imposed upon the ASSOCIATION pursuant to the Declaration. B. The Board of Directors of the ASSOCIATION has been granted the power and au=hority, pursuant to the Declaration, Articles of Incorporation and Bylaws of the ASSOCIATION, to.c.ontract for all services and maintenance functions imposed upon the ASSOCIATION, pursuant to the Declaration, with such CONTRACTOR or other personnel as the Board of Directors of the ASSOCIATION shall, in its discretion, determine. NOW THEREFORE; in consideration of the mutual covenants and agreements contained 1L,rein, ASSOCIATION and CONTRACTOR agree as follows: Section 1. PURPOSE OF AGREEMENT. . The purpose of this Agreement is to state the terms and conditions under which CONTRACTOR will provide the materials and labor necessary to perform the foam roofing and related work to: Phase Units_ Building Tyne 16A Numbers Street 1. 54-984, 996, 008, 020 Shoal Creek 2. 54-792, 804, 816, 828 Shoal Creek 3. 55-450, 460; 470 • Riviera 4. 55-240, 250, 260 Riviera 5. 55-030, 040, 050 Riviera 6. 80-435, 441, 447, 453 Oak Tree 7. 54-624, 620, 616, 612 Inverness 8. 55-498 thru 55-540 Firestone 9. 54-400 Riviera Phase Units_ Building Tyne 16A 4 10M 16A 4 10M 36A 3 28M 36A 3 28M. 37A 3 28M 9A 4 11 25B 4 5M 8GA 8 A 2E .1 G3BR These units are .located within ASSOCIATION as set forth in Exhibit "A" attached hereto and incorporated by this reference. Exhibit "A" is comprised of ASSOCIATION'S Request for Proposal to Install Polyurethane Foam Roof System and BRS Roofing, Inc., Bid Proposal dated October 11, 2017 (collectively, "Contrict Documents"). It is specifically understood and agreed that the work is to include all specified items as detailed in Exhibit "A" Contract Documents. Section 2. STANDARD OF PERFORMANCE. CONTRACTOR shall use due care, skill, and diligence in the performance of its obligations under this Agreement. 'All work and services to be performed under .this Agreement shall be done in a - professional manner. The work under this Agreement is to be performed by experienced individuals who exercise good judgment, according to established roofing industry practices and in accordance with the City of La Quinta requirements. = PGA WEST Residential Association, Inc. 1 Of l9 Initials Thal 2017 Foam Roofing Contract All work will be performed by experienced professionals, at a minimum of inconvenience to the residents. All employees will wear company identification clothing and conduct them'selves in a professionz.l manner at all times. Employees of CONTRACTOR shall be satisfactory to ASSOCIATION. The question is one which . is to be ' determined solely by the ASSOCIATION, with or without just cause. CONTRACTOR shall staff the job with a crew of diligent journeyman roofers. Section 3. CONTRACTOR'S PROPOSAL. CONTRACTOR presented Association with a proposal dated October 11, 2017 attached as Exhibit "A," which further describes CONTRACTOR'S standard of performance. This proposal is expressly included in this Agreement as an affirmative representation of CONT-RACTOR'S minimum, agreed-upon performance standards. Nothing in the proposal shall be construed to reduce or limit any other performance standards or liability described in this Agreement. Section 4-. . SERVICES TO BE PERFORMED. CONTRACTOR agrees to provide sufficient manpower to fulfill its contractual obligations to complete the repairs and installations reflected in Exhibit "A." CONTRACTOR agrees to furnish all labor, materials, equipment and services, including, but not limited to, the following major items: Polyurethane foam roofing with acrylic and granules; polyurethane foam per specifications; elastomeric. acrylic coating system; metal edging foam stop per specifications; plywood replacement; install new 24 -gauge sheet metal at air conditioning platforms; removal and replacement of eighteen (18) drains with new copper drains. Section 5. . COMMENCEMENUPERFORMANCE. The commencement date is Nov--mber 13, 2017. The work shall be completed on or before December 11, 2017. The work shall be performed according to the Schedule of Work attached hereto as Exhibit `B." The performance by CONTRACTOR is subject to, and contingent upon, strikes, accidents, acts of God, fire, weather, government restrictions, or other delays beyond CONTRACTOR'S control. CONTRACTOR shall be given an additional day for every day CONTRACTOR is delz.yed due to inclement weather. Section 6. TIME OF COMPLETION. Time is of the essence to this Agreemer_t and all obligations hereunder. CONTRACTOR shall complete the work under this Agreement in a timely fashior and perform the work diligently to completion, and in all events will complete the work within the time set forth above in Section 5 ("Contract Time") and as otherwise specified in the Contract Documents. By executing this Agreement, CONTRACTOR acknowledges that the Contract Time is a reasonable period for performing the work and that if CONTRACTOR fails to achieve final completion of any portion of the work within the Contract Time, Association will sustain extensive damages and serious loss as a result of auch failure. The exact amount of such damages will be extremely difficult to ascertain. Therefore, ASSOCIATION and CONTRACTOR agree that ASSOCIATION shall be entitled to retain or recover from CONTRACTOR, as liquidated damages and not as a penalty, five hundred dollars ($500.00) per day commencing on the day after the expiration of the Contract Time if CONTRACTOR has not substantially completed all work commenced during that period. For purposes of this section, "substantially completed" shall be defined as completing all work, including all punch list items, removal of all equipment, except for minor pick up work involving painting touch up, -service calls and residual clean-up. Such liquidated damages are hereby agreed to be a reasonable pre -estimate of damages ASSOCIATION will incur as a result of delayed completion of the work. Section 7. WARRANTY. CONTRACTOR warrants to the ASSOCIATION that all materials and equipment incorporated into the work performed under this Agreement will be new, unless otherwise agreed to in writing by the ASSOCIATION'S Board of Directors or ASSOCIATION'S Representative. CONTRACTOR warrants that all work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these standards shall be considered defective. CONTRACTOR gives ASSOCIATION a warranty for ten (10) years from the date of acceptance of the entire scope of work by ASSOCIATION, for CONTRACTOR'S own workmanship, labor and materials performed under this Agreement. CONTRACTOR'S warranty excludes remedy for damage or defect caused by a -use, modifications not performed by CONTRACTOR, improper or insufficient maintenance, improper operation anc normal wear and tear under normal usage. Nothing contained herein shall be construed to limit any other warranties ASSOCIA, IO ay j PGA WEST Residential Association, Inc. 2 of 19 Initials A � 2017 Foam Roofing Contract receive from the manufacturer of any materials used in the Work, but the warranty contained in this section shall be . the exclusive warranty of CONTRACTOR. CONTRACTOR shall honor the warranties of all original manufacturers (if applicable) of equipment and materials supplied, for a period of ten (10) years after completion of the entire scope of work performed under this Agreement. CONTRACTOR acknowledges it or its agents have inspected the buildings and site conditions as part of the bid proposal process and that all work performed by CONTRACTOR takes into account pre-existing conditions. In the event warranty service becomes necessary, CONTRACTOR shall not deny or otherwise refuse to honor the warranties contained herein on the basis of pre-existing conditions, unless: (1) CONTRACTOR has. specifically excluded a pre-existing condition from the scope of work; or (2) ASSOCIATION does not otherwise authorize CONTRACTOR to perform repairs/replacement of such pre-existing condition as part of the scope of work, and such pre-existing condition is conclusively determined to be the sole cause of any failure resulting in further repairs after the installation of the work under this Agreement. CONTRACTOR will perform all warranty work not provided for under the manufacturer's warranty free of charge during said warranty period. All warranty service performed by CONTRACTOR shall be performed during ASSOCIATION'S normal business hours. ASSOCIATION has the obligation to notify CONTRACTOR, in writing, within a reasonable: time, of any failures. CONTRACTOR shall promptly commence and thereafter diligently pursue any warranty services required hereunder at CONTRACTOR'S sole cost and expense. If CONTRACTOR fails to timely perform such services, ASSOCIATION may perform such services and CONTRACTOR shall reimburse ASSOCIATION for the reasonable cost thereof within thirty (30) days after delivery of ASSOCIATION'S written reimbursement request. CONTRACTOR will perform all warranty work free of charge during said warranty period. Section 8. ASSIGNMENT OF WARRANTIES. CONTRACTOR agrees to assign to the ASSOCIATION at ' the time of final completion of the work, any and all manufacturer warranties relating to materials and labor used in the Work, and further agrees to perform the Work in such manner so as to preserve any and all such manufacturer warranties. Section 9. COMPENSATION/ PAYMENT. ASSOCIATION agrees to pay CONTRACTOR the total sum of $78,565.00 for the work performed under this Agreement. Payment shall be made. in progress payments upon completion of each building work. CONTRACTOR shall prepare and present to the ASSOCIATION'S Representative invoices supported by reasonable data substantiating CONTRACTOR'S right to payment. Each request for payraendinvoice shall be accompanied with lien releases for all subcontractors, material suppliers and others who have performed work on or furnished equipment . or materials to the roofing work performed under this Agreement euring the applicable progress payment period. Payment requests/invoices shall be approved on completion of work finished, as determined by the ASSOCIATION'S Representative. No payments shall be made on any phase/area until CONTRACTOR supplies ASSOCIAITON with applicable lien releases and CONTRACTOR'S written confirmations lLat all materials have been. applied in accordance. with manufacturer's specifications in order to secure the respec=ive guarantees from CONTRACTOR and manufacturers. The ASSOCIATION, with a ten percent (10%) retention held back from the invoice, will make payment within fifteen (15) days of receipt.of invoice. ASSOCIATION'S representative and/or independent rpofing consultant (at ASSOCIATION'S cost) will inspect the work upon 100% completion and prepare a punch list of any outstanding and/or defective items. If any such problems exist, they shall be resolved with CONTRACTOR before the retention is paid. CONTRACTOR agrees that in the event ASSOCIATION engages the services of an independent roofing consultant, the roofing consultant will have the authority to reject work, which does not conform to this Agreement. Upon final inspection, and when all work has been deemed acceptable, the ten percent (10%) retention will be paid to the CONTRACTOR within fifteen (15) days of final acceptance. PGA WEST Residential Association, Inc. 1 2017 Foam Roofing Contract 3 Of 19 Initials41nia , Section 10. ADDITIONAL SERVICES/ALL INCLUSIVE. This Agreement is intended to be all inclusive. CONTRACTOR warrants and represents that he as CONTRACTOR has thoroughly. reviewed the scope of the work. Any additional services not specified in this Agreement will only be compensated if CONTRACTOR provides a written estimate/bid of proposed extra services, accompanied by a complete description of the proposed work and certified drawings, if applicable, and the ASSOCIATION or its Representative authorizes such work in writing. Such additional work shall be considered a change order. CONTRACTOR understands and agrees that if work is performed without.a written change order, CONTRACTOR shall not be entitled to payment. Section .1 1. EQUIPMENT AND MATERIALS. CONTRACTOR agrees to furnish all equipment necessary to perform its work in accordance with this Agreement. ASSOCIATION shall not be responsible for damage or theft of CONTRACTOR'S equipment. All materials used by CONTRACTOR shall conform to bid specifications. All.materials shall be new and purchased specifically for this Agreement. Materials are to be delivered to job site in original containers with unbroken seals, manufacturer's label and product identification on each package. CONTRACTOR'S preparation of materials shall be limited to a designated area, and such space shall be kept clean and orderly at all times. CONTRACTOR shall clear the entire project and all ground occupied by CONTRACTOR'S employees of rubbish, excess material and any other debris caused by CONTRACTOR'S operation on a daily basis. CONTRACTOR shall employ all necessary and required safety measures during operation for the prevention of fire and/or hazardous conditions. CONTRACTOR will coordinate with ASSOCIATION'S representative for suitable material and storage area. All materials are to be stored under cover and protected from the elements. No materials may be left overnight on the streets of the ASSOCIATION. No material storage containers are to be placed so as to leave indentations or marks in pavement. Section 12. WORKMANSHIP. CONTRACTOR shall execute the work in substantial conformance with this Agreement and Exhibits thereto, in a sound and workmanlike manner. CONTRACTOR shall be responsible for all construction means, methods, techniques, sequences and procedures and for supervising and coordinating the Work, as approved by the ASSOCIATION'S Board of Directors and/or the ASSOCIATION'S Representative, using CONTRACTOR'S expertise, skill and attention. Upon completion by CONTRACTOR of the foam roofing system installations, ASSOCIATION may verify that the work completed meets contract specifications and acceptable industry standards. Section 13. SITE INVESTIGATIONBID SPECIFICATIONS. CONTRACTOR warrants CONTRACTOR has taken reasonable and customary actions -to verify field conditions before submitting CONTRACTOR'S Bid Proposal and before commencing the work. CONTRACTOR is solely responsible for the adequacy of the bid specifications. Section 14. TERMINATION. ASSOCATION reserves the right to terminate this Agreement at any time. In the event ASSOCIATION terminates this Agreement with CONTRACTOR for•reasons other than a material breach by CONTRACTOR, ASSOCIATION shall be obligated to pay CONTRACTOR for all materials and labor supplied to the date of termination. It is agreed that either party may terminate this Agreement for cause, upon forty-eight (48) hours written notice. Notice shall be made by registered mail or personal service. Section 15. INSURANCE. CONTRACTOR will procure and maintain commercial general liability insurance for the benefit of its customers or co-insured's, in the amount not less than $1,000,000 for injury or death of any one person with an aggregate amount of not less than $2,000,000 for an entire accident, with Homeowners' ASSOCIATION Coverage. CONTRACTOR shall carry $500,000 in property damage liability. CONTRACTOR shall also procure automobile liability insurance in an amount not less than $300,000. ASSOCIATION shall be named as an additional insured on all insurance policies, with certificates of insurance provided directly from the insurance carrier to ASSOCIATION. Section 16. WORKER'S COMPENSATION INSURANCE. CONTRACTOR will maintain workers' compensation insurance in an amount not less than $1,000,000 or as required by statute, whichever is greater, for each and every employee that performs work on behalf of CONTRACTOR for ASSOCIATION, and will submit certification/proof of same to ASSOCIATION as a condition of the obligations under this Agre4mnASSOCIATION shall be named as additional insured.jPGA WEST Residential Association, Inc.�N&2017 Foam Roofing Contract 4 of 19 Initials As a condition precedent to ASSOCIATION'S obligation to perform under this Agreement, CONTRACTOR, prior to the commencement of work, shall provide certificates of insurance, which provide that, sand certificates couldn't be canceled except upon ten (10) days prior written notice to the ASSOCIATION. Section 17. INDEMNIFICATION. CONTRACTOR .agrees to indemnify' ASSOCIATION and hold ASSOCIATION harmless from all claims against ASSOCIATION that are due to CONTRACTOR or CONTRACTOR'S employees' negligent, willful or unauthorized conduct. Such indemnification shall include, but is not limited to, special, general and consequential damages, court costs, and all other reasonable attorney's fees associated with the settlement of a. claim. CONTRACTOR'agrees, pursuant to the aforementioned conditions, to likewise indemnify ASSOCIATION for all acts of CONTRACTOR'S subcontractors. CONTRACTOR further agrees to indemnify ASSOCIATION and hold it harmless frcm all claims against ASSOCIATION or liens or mechanics' liens, which arise due .to the conduct of CONTRACTOR, and from and . against any claims brought against ASSOCIATION by CONTRACTOR'S employees due to injury or damage suffered in connection with the work being done by CONTRACTOR. Section 18. REPRESENTATIVES. ASSOCIATION'S representatives shall. be W-111iam Aceves, Kelly . McGalliard and Michael Walker, unless otherwise indicated by the Board of Directors. The CONTRACTOR'S on-site supervisor shall be n eg Section 19. CONFLICTS. In case of a conflict or inconsistency between or among the Contract Documents the following shall.control in descending order: (a) This Agreement (b) ASSOCIATION'S Request for Proposal to Install Polyurethane Foem Roof System (c) BRS Roofing, Inc., Bid Proposal dated October 11, 2017. Section 20.. GENERAL PROVISIONS. (A) RESTORATION OF PROPERTY. In .the event CONTRACTOR causes damage during the course of the work performed under this' Agreement, to property of the AS 30CIATION or to its members, or to other work on the site, CONTRACTOR shall promptly remedy such damage and' repair such damage or pay for the costs of repairing such damage. All work of this kind shall be•performed by CONTRACTOR at no cost to ASSOCIATION and shall be accomplished as directed. by ASSOCIATION. Repairs to fac_lities shall be made immediately after damage or alteration occurs, unless otherwise'directed. r In the event that CONTRACTOR fails to make repairs or make arrangernents to have repairs made, ASSOCIATION may proceed to effect repairs at the expense of CONTRACTOR, and may withhold an amount equal to the cost of repair or restoration from any payments due CONTRACTOR under the terms of this Agreement. (B) ; INDEPENDENT CONTRACTOR STATUS. CONTRACTOR has enterer into this Agreement and is to perform the terms of this Agreement solely as an independent contractor and is not in any way to be deemed a partner, joint venture, agent, associate or employee of'the ASSOCIATION. CONTRACTOR warrants that it has a valid CONTRACTOR'S license issued by the State of. California to perform the work set forth in. this Agreement, License number 907600, and is currently in good standing. (C) DISPUTES. (i) Mediation. The parties agree to first try in good faith to settle any claims, disputes and other matters in question arising out of, or relating to this Contract or the breach thereof, by mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association ("AAA") or Judicial Arbitration and Mediation Services, Inc. ("JAMS"), at the election of Association. If arry party commences arbitration or litigation of a dispute subject to mediation under this Contract without first attempting to resolve the matter through mediation, or if.anyC;party refuses �op in PGA WEST Residential Association, Inc. S Of 19 Initials itials 2017 Foam Roofing Contract the schedulingor conduct of mediation proceedings, then in the discretion of the arbitrator(s) or . judge, that party shall not be entitled to recover attorneys' .fees even if they would otherwise be available to that party in any such arbitration or litigation. (ii), Arbitration of Disputes. Any dispute or claim in`.law or equity arising out of this Contract or relating to the Work that is not settled through mediation shall be determined by neutral, binding arbitration and not by court action, except as provided by California law for judicial review of arbitration proceedings. The arbitration shall be conducted in accordance with the rules of either AAA or JAMS. The selection between AAA and JAMS rules shall be made by the claimant first filing for the arbitration. The parties to the arbitration may agree in writing to use different rules and/or arbitrator(s). In all, other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of the California .Code of Civil Procedure. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having the jurisdiction of a probate or small claims court is excluded from arbitration under this agreement. The filing of judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction or other provisional remedy, shall not constitute a waiver of the right to arbitrate under this provision. (iii) Venue. Venue for any mediation, arbitration or litigation relating to this contract shall be in Riverside County, California. (D) PREVAILING PARTY. In the event that an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable -attorney's fees and costs, in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to this entire Agreement. (E) NO WAIVER CLAUSE. Failure of ASSOCIATION' to demand any of the aforementioned insurance certificates or any other condition under this Agreement does not constitute a waiver of any portion of this condition of Agreement. (F) GOVERNING LAW, ENTIRETY OF GOVERNING LAW, ENTIRETY OF AGREEMENT AND PARTIAL INVALIDITY. The laws of the State of California shall govern this Agreement. It constitutes the entire agreement between the parties regarding the subject matter. Any prior agreements,' promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. If any provision in this Agreement is held by any court to be invalid, void or unenforceable, the remaining- provisions shall nevertheless continue in full force. CONTRACTOR shall comply with all applicable federal, . state, county and city statutes, regulations and ordinances including, but not Limited to, the Immigration Reform and. Control Act of 1986. (G) ASSOCIATION'S RIGHT TO CONTRACT WITH OTHER ENTITIES. ASSOCIATION has the right to enter into agreements with other entities for any services not covered within this Agreement. (H) LIABILITY FOR DAMAGE AND DESTRUCTION. CONTRACTOR assumes liability for. fire, theft, accident or any other damage or loss to the CONTRACTOR'S supplies, materials, and equipment or of any personal property or belongings of its employees. CONTRACTOR shall not be liable for damage due to acts of God or acts over which it has no control. Such acts include, but are not limited to, the following: wind, storm, hail, fire, flood, earthquake, freezing, vandalism, and theft. CONTRACTOR shall notify ASSOCIATION within twenty-four (24) hours, of any damage caused by accident, vandalism, theft, acts of God or mysterious causes, and shall follow up notification within four (4) working days with a written description of the problem and steps taken, if any, to rectify the problem. PGA WEST Residential Association, Inca Initials 2017 Foam. Roofing Contract 6 Of I9 (I) ASSIGNMENT RESTRICTIONS. CONTRACTOR may not assign'this Agreement to another company without prior written approval of ASSOCIATION'S Board of Directors. Such approval shall not be unreasonably withheld. (J) BUSINESS LICENSES. As a condition precedent to ASSOCIATION'S obligation to perform under this Agreement, CONTRACTOR shall obtain and produce a copy of its current City of La Quinta business license and its current state CONTRACTOR'S License Number 907600. CONTRACTOR certifies that such licenses are currently in good standing. (K) DEBRIS REMOVAL FROM WORK AREA. CONTRACTOR shall maintain all work areas in a clean and safe condition. CONTRACTOR shall promptly remove from the work area all debris generated by his performance under this Agreement on a daily basis. CONTRACTOR shall clean, with suitable equipment, public and/or private streets, walks, driveways and paved areas immediately after working in the areas and at such other times as may be required by ASSOCIATION. All areas. in the work site shall be kept free of, but not limited, to, the following items: bottles, glass, ponding water, cans, paper, cardboard, metallic items and other debris. CONTRACTOR shall mark off all work areas with safety cones and construction tape. (L) INTERPRETATION. This Agreement shall be construed according to its fair meaning and as if .prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this .Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. (M) AUTHORITY TO BIND. Each party signing this Agreement represents that it has full legal power, authority and right to execute, deliver and perform its obligations under this Agreement and each party's performance hereunder and the transaction contemplated hereby have been duly authorized by all requisite actions on the part of such party and no remaining action is required t6 make this Agreement binding. 0 ' PGA WEST Residential Association, Inc. 7 Of 19 Initials4.als\ 2017'Foam Roofing Contract IN WITNESS WHEREOF, the undersigned have subscribed their names on the day and year Below. PGA WEST Residential Association, Inc. Date: -� 2017 By: -' Richard J. Moore, President Board of Directors BRS Roofing, Inc. Print: °T0 K, �j k Signature: Gi Date: 1 !1. 2017 Title: 11-7-1 -7 - G a e i ,��PGA WEST Residential Association, Inc. 2017 Foam Roofing Contract 8 Of 19 Initials lalsVX EXHIBIT "A" SCOPE OF WORK Furnish all labor, materials, equipment and services necessary for completion of all roofing and related work as specified in this document. POLYURETHANE FOAM ROOFING WITH ACRYLIC AND GRANULES 2.) Grind all loose paint from Z -bar metal, solvent wipe and prime with metal primer before application of foam roofing. 3.) Remove two (2) courses of tile and cut 3" water blocks where slope meets flat roof areas. 4.) All surfaces shall be primed with neoprene primer at the rate of not less rthan th.gallon per 100 square feet prior to foam application. 5.) Urethane foam shall be sprayed — applied to a minimum thickness of 1.5". Additional foam shall be applied in ponding areas to help disperse the standing water. Contractor to perform water test to verify positive drainage. 6.) Coating shall be applied in a minimum of two (2) separate coats. Acrylic coating to be 55% solids. a) The base coat shall be applied at the rate of 2.0 gallons per 100 square feet. b) The topcoat shall be applied at the rate of 2.0 gallons per 1017 square feet, with a combined thickness of 32 total dry mils. c) Roofing granules shall be broadcasted into the final coat while tf.e coating is in a fluid condition. No foot traffic shall be permitted on the finished coated surface for 72 hours after application. �j PGA WEST Residential Association, Inc. 2017 Foam Roofing Contract 9 of 19 Initials 41ni 1A;5 . VZ00. REQUEST FOR PROPOSAL INSTALL POLYURETHANE FOAM ROOF SYSTEM 9 BUILDINGS (34 UNITS) LOCATIONS: Numbers Street Phase Units Bldg. Type 1 54-984, 996, 008,.020 i0* 11 d Shoal Creek 16A 4 10M 2 54-792, 804, 816, 828 't 1 i 1 Shoal Creek 16A 4 10M 3 55-450,460, 470 11S Riviera 36A 3 28M 4 55-240,250,2600— V10 Riviera 36A' 3 28M 5 55-030, 040, 050 al — -I "-*'I Riviera 37A 3 28M 6 80-435, 441, 447, 453 j x,.1'1— Oak Tree 9A 4 11 7 54-624, 620, 616, 612 Inverness 25B 4 5M 8 55-498 thru 55-5401;}— III Firestone 8GA 8 A 9 54-400 .1y� Riviera 2E 1 G3BR SCOPE OF WORK Furnish all labor, materials, equipment and services necessary for completion of all roofing and related work as specified in this document. POLYURETHANE FOAM ROOFING WITH ACRYLIC AND GRANULES 2.) Grind all loose paint from Z -bar metal, solvent wipe and prime with metal primer before application of foam roofing. 3.) Remove two (2) courses of tile and cut 3" water blocks where slope meets flat roof areas. 4.) All surfaces shall be primed with neoprene primer at the rate of not less rthan th.gallon per 100 square feet prior to foam application. 5.) Urethane foam shall be sprayed — applied to a minimum thickness of 1.5". Additional foam shall be applied in ponding areas to help disperse the standing water. Contractor to perform water test to verify positive drainage. 6.) Coating shall be applied in a minimum of two (2) separate coats. Acrylic coating to be 55% solids. a) The base coat shall be applied at the rate of 2.0 gallons per 100 square feet. b) The topcoat shall be applied at the rate of 2.0 gallons per 1017 square feet, with a combined thickness of 32 total dry mils. c) Roofing granules shall be broadcasted into the final coat while tf.e coating is in a fluid condition. No foot traffic shall be permitted on the finished coated surface for 72 hours after application. �j PGA WEST Residential Association, Inc. 2017 Foam Roofing Contract 9 of 19 Initials 41ni 1A;5 . VZ00. 7.) General items'that apply to ALL units: a) A/C wells over garages to be included (Champion units only)_ b) A/C wells - add metal skirt at z -bar at stucco walls (Champion units only): c) A/C units to be moved and reinstalled by a licensed HVAC contractor.. d) A/C condensation lines will be removed and reinstalled by a licer.sed HVAC contractor (Legend units only). e) A/C units - install new gas lines and shut-off valves where indicated: , f) A/C units- install new electrical whips where indicated. g) CONTRACTOR is to perform pre -testing and post -testing of all _VC units prior to and after new roof application. Pre/Post-inspection sheets to be filled out and retained by Management. . h) Clear a path in the the roofs for access to upper and rear lower roof;. i) Remove and replace all existing ABS roof drains and over flows and replace with Copper drains and overflows. i. NOTE: All new drains are to be reconnected to existing plumbing with no -hub couplings — NO RUBBER BOOTS. ii. Roof drains to be water tested by roofing contractor_ j) Skylights are to be foamed under frame so skylights can be removed at any time without disturbing the foam roofs. k) Install all new T -tops. New T -tops should be rodent proof. i_ NOTE: Do not rodent proof the dryer vent.T-tops_ l) Any T -tops under any of the A/C- ducts (plenums) will be relocates before applying foam roof. m) Remove A/C unit plenums at stucco wall and reseal properly on all. four sides. n) Coping metal to be replaced (use a continuous cleat). All metal to be cleaned, primed and painted (stucco color). Use sealant and pop rivets at all seams, o) Waterproof membrane to be installed underneath new coping metal p) Remove existing scuppers where indicated and install new (4" x 6') scuppers. q) Install foam stop metal to all transitions (applied as to counter flash the foam on the lower roof) r) Remove and reinstall tiles at transition to properly tie in the foam roof. s) CONTRACTOR will replace all tides they have broken during the roofing project. t) Foam is to be applied for positive drainage off of roof. u) Do not foam -in tile pans. They must be foamed under and lay on top of the new foam roof material. 8) Unit Specific Instructions: a) 80-435 thru 80-453 Oak Hill (existing foam roof) i. DO NOT INCLUDE EXISTING FOAM ROOF AREAS Gsee roof plan for details) PGA WEST Residential' Association, Inc. 2017 Foam Roofing Contract 10 of 19 ltialstiar:"' I METAL EDGING FOAM STOP SPECIFICATION Install new custom 24 gauge bonderized foam stopmetal at all flat roof areas. All metal to be cleaned, primed and painted (stucco color). PLYWOOD REPLACEMENT Plywood shall be replaced as needed. Supply a square foot cost for replacement. A/C UNITS Install new 24 -gauge sheet metal at air conditioning platforms. POLYURETHANE FOAM APPLICATION 1) Application shall be by a contractor approved by the manufacturer. 2) Substrate shall have "sufficient slope to eliminate excessive ponding waver. Ponding water is defined as an area of 100 square feet or more, which holds in excess of one (1) inch of water as measured seventy-two (72) hours after a rainfall. If the substrate does nor have sufficient slope, then ponding water must be eliminated by building in. slope by the applii_-ation of polyurethane foam, channeling and or by the proper placement of drains. 3) Weather Conditions: The foam application shall not proceed during periods of inclement weather. The applicator shall apply foam within the temperature, humidity and wirdlimitations specified by Foam Systems Inc. Wind; barriers shall be used if wind conditions could affect the quality of installation. 4) Spray polyurethane foam thickness shall be a minimum of 1.50". The polyurethane foam shall be applied uniformly over the entire surface and the edges shall be feathered to produce smooth transitions. 5) The spray polyurethane foam must be applied in a minimal pass thickness o: t/2". 6) The spray polyurethane foam shall be terminated neatly a minimum of fou- inches (4") above the, roofline at all penetrations (except drains, parapet walls or building junctions. POLYURETHANE FOAM SPECIFICATION I) The foam shall be RTC or equal. 2) Physical properties of cured foam: a) Minimum in place -density is 3.0 pounds/cubic feet b) Closed cell content is minimum 95% c) Compressive strength parallel rise is minimum 47 pounds per squafe inch. d) The foam shall have a flame spread rating of less than 41 when rested according to the procedures outlined in ASTM E-84. ELASTOMERIC ACRYLIC COATING SPECIFICATION 1) The coating shall -be the spray applied elastomeric acrylic coating system, manufactured by RTC incorporated or equal ICBO ER -5513 ASTM E96. 2) Physical properties of cured coating system. a) The coating shall have good resistance to ponding water. b) The coating system shall contain no plasticizers. c) The coating system shall contain no migrating fire retardants. d) The coating system shall have a class `B" fire rating over foam on a combustible deck when tested according to the products procedures outlined in ASTM E-108. e). The coating shall remain flexible in temperatures down to below 3C° Fahrenheit. f) Elongation, ASTM D-412 is minimum 380% +/- 50' g) Tensile strength, ASTM D-412 is minimum 62 h) Shore hardness, ASTM C-661 is minimum 62 i) Reflectivity, ASTM E-97 is minimum 90% 91& � PGA WEST ResidentialAssociation, Inc.. 11 Of 19 �2017 Foam Roofing Contract /�. Initialst. s SPECIAL INSTRUCTIONS: • CONTRACTOR shall provide supervisory and working personnel :capable of promptly accomplishing all work required in accordance with this agreement. • ' ASSOCIATION has the right to object to any employee of the CONTRACTOR. Upon written objection by'the ASSOCIATION, CONTRACTOR shall replace said emplc-yee. • CONTRACTOR'S employees shall be- readily identified as to whom they .vork for, i.e.: (Shirt or Hat revealing CONTRACTOR Company Name). • CONTRACTOR'S employees shall abide by the ASSOCIATION'S rules and if cited, CONTRACTOR is responsible for any fines that may be imposed. • Any damage to ASSOCIATION or Homeowner property caused by CONTRACTOR or its employees shall be solely the responsibility of CONTRACTOR and must be reported to ASSOCIATION Management immediately. If CONTRACTOR fails to perform repairs in a time frame and to a standard of quality that is acceptable to the ASSOCIATIOR ASSOCIATION may perform the repair and withhold reimbursement from CONTRACTOR payment. • CONTRACTOR. shall provide all materials' to complete the work as outlined in this agreement. Materials may be stored on ASSOCIATION property, but at a locat_on as determined by ASSOCIATION Management. • CONTRACTOR may not assign the contract to another company without. the written consent of the Board of Directors. • Grounds to be kept clean and washed down daily. All trucks and/or equipment to be removed from job site daily. • No materials are to be stored on grounds. • All debris shall be hauled away from jobsite daily. • All areas under construction to be marked off with safety cones and construction tape. • Hours of operation: 7:00 AM — 4:30 PM, Monday through Friday; excluding holidays (No Work on Legal Holidays) • Job shall be staffed with a diligent crew of journeyman roofers. • CONTRACTOR shall obtain all necessary permits. • CONTRACTOR shall possess current, valid CONTRACTOR'S License, Business License and Construction Bond. • CONTRACTOR shall be responsible to attend all City of La Quinta inspections and perform the work in accordance with City of La Quinta requirements. • CONTRACTOR to provide ASSOCIATION with a copy of City permBs, pre -inspection and post -inspection sheets of all HVAC units and the 10 -year manufacturer and CONTRACTOR warranty certificates for all nine (9) buildings, thirty-four (34) units being foamed. • CONTRACTOR shall be responsible for causing insurance certificates to be provided directly from the insurance carrier to the ASSOCIATION; further, that PGA WEST Residential ASSOCIATION, Inc. shall be named as additionally insured on Contrac:or's General Liability Policy in an amount not less than $1,000,000 per occurrence and not: less than $2,000,000 'aggregate, PGA WEST Residential Association, Inc. shall be named as additionally insured on CONTRACTOR'S Automobile Liability Policy in an amount not less than 6300,000, PGA WEST Residential Association, Inc. shall be named as'additionally insured :)n CONTRACTOR'S Workers' Compensation and Employers' Liability Policy in an amount norr, less than $1,000,000, or as required by statute, whichever is greater, Homeowner's Association coverage required- no exclusions. • No work outside the scope of the contract shall be performed or billed for NNdthout the prior written consent of the ASSOCIATION. • CONTRACTOR agrees to indemnify the ASSOCIATION and hold the ASSOCIATION harmless . from any and all claims against the ASSOCIATION, which are due to CONTRACTOR'S negligence, neglect or unauthorized conduct. Such indemnification shEll include, but is not limited to special; general -and consequential damages, court costs, and all other reasonable attorney's fees associated with the settlement of a claim. �j PGA WEST Residential Association, Inc. 12 of 19 ��. 2017 Foam Roofing Contract \Y InitialsW1, • CONTRACTOR and ASSOCIATION agree that any question arising out of the terms of the agreement, . which parties cannot resolve between themselves, _shall .be referred to Binding Arbitration under the rules of the American Arbitration Association. The arbitrator shall be entitled to award the prevailing party reasonable attorney's fees and costs, in addition to any other relief to which that party may be entitled. This provision shall be construDd as applicable to the entire agreement. • ASSOCIATION reserves the right not to accept low bid. • ASSOCIATION reserves the right to hire an independent roofing inspector to approve CONTRACTOR work product prior to issuing payment. PAYMENT Based- upon Requests for Payment submitted to William Aceves; Maintenance Manager, ASSOCIATION shall. make progress payments in accordance with the value of the percentage of work complete9 as of the date of the invoice. The total contract sum shall be allocated in such a manner and supported by data to substantiate its / accuracy. 10% retention shall be withheld on every payment. Requests.for payment shall be accompanied by appropriate material and lien releases. ASSOCIATION, providing there is no dispute regarding work completed, shall process requests for payment within thirty days of receipt.. WARRANTY 10 -Year Roof Warranty is to be provided by the Contractor and Manufacturer. i J j PGA WEST Residential Association, Inc. 13 of 19 Initials itials ✓� 2017 Foam Roofing Contract PROPOSAL/AGREEMENT 10%11/1:7 ALL2YOUR ROOFING NEEDS PROPOSAILIFOR; PROJECT CONTACT: PGA West Residential PGA West William Ac&vE-s Association I.nci Various Bulidingis La Quinta CA ROOF SCOPE OF 'WORK TOBE'lPERF0RM'EQ 1. Perform work per the specifications of (he 2017 Roof Packets provided by the PGA West Residentiol Association. This proposal and"' Q has been ectreft)lly considered. C pricing Each building has been inspected and evaluated for specioloetoffs 'and requirements. Investment BrddkdoWn SR984, 54996, 55066, 651126 SHOAL CREEK -$11,235.00__A.1ft.. I.Iiial $4792,54.8.041,164816, 5028:SRQAL'd(tkK - $111,840.00 Acceptant. IMM 5545q,55460, 55470 RIVIERA -$6,955:00 mmal. 55240.,55250.-55260 RIVIERA - $6,95540 Accept=, :e WSW 55040, 55040,'55050 RIVIERA - $6,955.00 mled 8 .40441, 80447, 80453 OAK TREE - $3,000.0 OL Acceph mice h -Mal 54624, 5462.0,-5461.6,54612 INVERNESS o. $24J075.60_Ac.P,..taft, 5508 =55540 FIRESTONE - -$5,350.00L-Acceplance IMM 544010 RIVIERA -$111266.010LAcceptance trtl)ml TOTA L1,NVESTM ENT -$78,565.00 Acceptanceinw.w .APPROVED BY: -DATE BRS ROOFING: 1 -7 WE WOULD LIKE TO THANK YOU FOR GIVING BRS ROOFING INC. THE OPPORTUNITY TO 610 ON YOUR ROOFING PROJECIT; IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THIS PROPOSAL PLEASE DON'T HESITATE TO CALL COLON PASCALE (9! 1) 323-9252 8RS ROOFING, INC. 1 777 S. LUGO AVE. 1 SAN BERNARD146. CA 92408 1 T: 855:500.1277 F: 909.884.4845 1 6RSRO-:*ING:COM MR&PGA WEST Residential Association, Inc. 2017 Foam Roofing Contract 14'of 19 Initials BID PROPOSAL FORM Name. of. Bidden B RS RnOEtq _ h G' Date PGA West Residential Associ'ation, Inc. d 54=320 Southern Hills La Quinta, CA, 92253-5665 Identify the project name on the front of the •sealed bid envelope. The undersigned, in cornpliarice with your -in +ttation bids for the: Re-RooSng.Project —201,7..: Provide all labor, materials and equipment to.instali polyaiethaie roofing system .over existing built-up roofs of certain locations for9 buil3ings / 34 units.(see specifications for details). Having examined the Specifications and related documents and the site of the proposed! work and being familiar with all of the conditions surrounding the construction of the proposed project, inet u3ing the'availability of labor, her proposeto furnish all labor, material and supplies as required for the work in.accordance with the Contract Documents as specified and within the time set forth and . 4 the price stated below. This prrce'is to cover alj•expenses.iricurred. in performing the wgik required. under .the contract documents. of which this proposal is a,parL Also, it includes all cost. rel. -ted to city permits. l7We acknowledge the receipt of the following addenda: # . Dated: Received: # Dated:. Received: Base Bid: Undei. the heading of base bid as described in this specification, the Undersigned proposes to fiunisb all labor and materials and. assume all costs incurred to. do the work of the contract inchtding reroofing and all related work and subcontracts as located on the Owner's site; fof the amounts listed below'. Estimated squares of (BUR) roof arca:.. Total bid to install polyurethane roofing system over, existing built-up roofs as specified: - $ -$;5`5.a' — 5e1evx4y ElJh4 Theyggnd . F� v.c. Nv n,d r:t d S I V �t ye! I DOLLAR t PGA WFSTResidauialAssocW6.I .. , 2017 Bid Proposal Form PGA WEST Residential Association, Inc. 15 Of 19 Initialsbw 2017 Foam Roofing Contract 0 Unit Prices:• Cost per square foot for.IT plywood decking at Low Slope roofs v - 7L Dollars per square "foot Tune for Startink and.Combletion: The Work shall comhn c* e. on. or before _1_2017. Cogtracfor shaft prosecute the work dil' ently to completion and in all 'e enfs:shall reach'Final. Completion of the wcrk no later than_O GVI 2017. If'is understood and agreed that if the Work does_ not reach Final Completion within. the Coni act Time, damages Will be. sustained by the,Assbeiation and that it is impracticable or'extremely :difficult to detemune the actual damages which the Association will sustain in the event of, and:by i'easbn of such, delay, and.it is, therefore; stipulated that Contractor Will become liable too Association for :he sum of Five Hundred Dollars ($500.00) per day for each day and every. day's delay beyond the time specified or as extended Any riioney.dot,or to Become due to -the Contractor may be retained to cover such damages-, Associatioishall have the right to recoyer balance -from Contractor. IlWe,agree.m complete the work within . 30 working days. should' VWe be the successful bidder.. - This bid shzii idder_Thisbid;shtih be good for 60'days:afieropening CSLB LICENSE' The undeisigned has,.orwill, have, all licenses required bylaw authorizing him to bid upon amd to perform the Contract if awarded him: PGA. WEST ncidffdW A.isociadon,.Inc., 20.17 aid P.p Fbrtrt - �j PGA WEST Residential Association, Inc. =� 2017 Foam Roofing Contract l 1] 16 Of 19 Initials. Aals GOVERNING.T19RMS & CONDITIONS OF BIDDER'S'OUOTATIUN I. Verification of Existing Conditions A:: Before- submitting his ...d,' the Contractor ;shall visit the project site 2hd verify conditions, locatidns and dimensions of all existing equipment; the'structure End the site conditions that pertain to this installation. R. The details .shown and the information,provided,are not represented or guaranteed by Owner or Consultant as being at as the:actual "as built"and present corditiotis. C: Bidders visiting the building for estimating purposes while building'is oecipied shall abide by Owner's rules and regulations. D. Failuie: to examine the project building and the site and to become familia ,with the existing conditions shall not constitute cause. for complaint `or; claim for' 1 payment.. Contractor agrees to. aceptproject site, as it exists. 2. Bidder's •quotation. shall be submitted subject to the attachments, terms and zonditions identified on Association's Request for Proposal. 3. The following definitions.shall'apply:. 'The. term "Contractor' refers to the "Successful Bidder'. 4. Your Quotation stroll conform in allxespects with -specifications and conditions refcrredto in. the. Request for.Proposal :and Scope of Work. You may'NOT offer an alternate quotaiion. Your standard Tenns. and Conditiods of Sale Will not be considered. Terms, conditions :and exceptions.in your Bid which, depart from the terms referred toxin the Request are to be deemed: rejected by Owner except to the extent they may be ,expressly set forth in atforrnal written contract executed with Contractor. 5.:Any questionsrelative to the bid specifications, technical or otherwise; must'.be adtiressed to PGA Wesi.Resident al Association, Inc. Management. 6. All Quotations must be received on or before Friday, October I3,211I7 (if .you do not wish to bid, please advise us "promptly.) ** FAX, Wire or Telephone Quotations will not be accepted ** NOTE: Seated Bids must. be submitted to the Association. Customer Service Center located at 432 ' 50 Southern :Hills, La Quints,. CA, 92253. Submittal :to others will serve. as cause for disqualification. : PGA WEST PUsidentisl.Associalion, Inc. . 1 2017 Bid.Pmposal Form f'j PGA WEST Residential Association, Inc. �� 2017 Foam Roofing Contract 17 of 19 Initials 7. Owner reserves the right to accept other than the lowest Bid and to acceptor t or reject,any Bid in Whole or in VaA.6r to reject all Bids with or without notice or reasons, and if . no Bid is accepted, to abandon the work or. to have the work performed in such .other manner as Owincr'rnay clddt. 8. Own&r reserves- the right to hire an independent consultant to inspectMp'or.&vd wo--k prior to payment in full. 5, All quotations are considered privileged information. All bids will be opened in the presence of Association Management and at least one Ass;o-c - latibri Board Member. All bidddrsvc invited to be present for the opening of the . sealed bids. STATEMENT OF'BIDDER. The Undersigned acknowledges that, in the process of preparing bid for the . referenced work; he/she has vA'R*ed the materials provided; 1) Request quve t for Proposal and Scope of Work, 2) Bid Proposal Form,. 3) Roof Plans, 4) Association Map and -understands the Oroj--et- and,-jt!9 requirements and conditions. The Undersigned a&nowled geq his obligation to identify below anefro , omissions_. conflicts, 'Y rs code violations, and improper use of materials discovered in the Contract Documents -that could interfere with the timely completion, or increase the cost, of the work for which the Undersigned . i . s responsible. Except as noted below, the Undeesigned. has 'no objection to,' or reservation , bitit ab , the materiats,to be.furnished or the conditions under which they will be installed, and i:; satisfied that Ifelshe can complete hisIhee,cohtrActual responsibilities in 'a wdirkman-like manner without extensive modificitions or additional expenses. EXCEPTIONS: - Respectfully 'Submitted, Contractor Seal Signatu (Ifa.Corporati6n) Print Name le, s SVpe rV 1.f6r Tide -7'7 7 0 Addr City 4 State PGANEST Residential &&ocimiok Inc. 2017 Did Proposal Forth PGA WEST Residential Association, Inc. 2017 Foam Roofing Contract 18 of 19 Initialst. S\. PGA WEST - RESIDENTIAL ASSOCIATION, EST_RESIDENTIALASSOCIATION, INC. EXHIBIT `B" PGA WEST Residential Association ppC BRS Roofing, Inc. R00FIn Inc_. 2017 FOAM ROOFING SCHEDULE A!-LYOURROOFING NEEDS ** Please note that this schedule is tentative and subject to change based on weather or other unforeseen conditions. ** In case of emergency, contact Tony Brasil of BRS Roofing, Inc., at 909-496-3113 PGA WEST Residential Association, Inc. 19 Of 19 Initials Ini Is �� 2017 Foam Roofing Contract BLDG # =; ROOF FOAM ROOF VACUUM START ' COMPLETION = 54'994 436, 608, Q20 - - - - 2' Shad EreeFc 11/I3C17 11/I4/17 1121/17 =. �1 2 54-792; 804, 816, 828• -11/13/17 11/14/17 11/2.1/17 Shoal Creek 3 .`: 1$55 450,=460, 470 Riviera ., . -- - 11/13/17: 11/2Q/17 _: -' 11/30/17 57240;250. 260 4 11/13/17'° 11/20/1.7. -,11/30/17 Riviera . •` - S3,4:11/14/17 55-030,4Q, 0 ` 11/2Q/7 1 11/30/ 17 Riviera• 6 80-435, 441, 447, 453 N/A 1127/17 .Oak= Tree T 54 624, 620, 615, 612 tx Inverness 11%14/17 11/27/17,: 12/4/17 :: • 55=:498 thru 55 �540C � :8 11/14/17.: 12/4/17 ;12/11/17 Firestone :- 400 Ri a N/A 12/4/17.:`f 12/11,%17 a ** Please note that this schedule is tentative and subject to change based on weather or other unforeseen conditions. ** In case of emergency, contact Tony Brasil of BRS Roofing, Inc., at 909-496-3113 PGA WEST Residential Association, Inc. 19 Of 19 Initials Ini Is �� 2017 Foam Roofing Contract