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BRES2017-0093 Geotechnical ReviewTerSraiPaTcific Legacy Villas at La Quinta HOA c/o Mr. Bill Clifford, CMCA, AMS General Manager 48-800 Legacy Drive La Quinta, CA 92253 ?Fr1:1VED July 6 2017 JUL 14 20+ J File No. 29106.3 CI►Y Ur_ LAQUfNTA COMMON F• - �_UPNIFN Subject: Geotechnical Review of Subgrade Densification and Slab Re -Leveling Plan Legacy Villas at La Quinta HOA 48-785 (Unit 194) and 48-789 (Unit 193) La Quinta, California r4 nces: Q� A�0 �LUgC��> 0 44 �0ac C16 0:Z ❑,CLQ 24:� q a. 0 VmLL 4 "Residential Plan Check Correction List," prepared by City of La Quinta Ppsign & Development Department, dated May 22, 2017. =gacy Villas HOA Sub -Grade Densification 48-785 & 48-789 Legacy Dr., Quinta, CA (Sheets S-1 and S-2)," prepared by Dunn Savoie Inc., date ued March 3, 2017. "Limited Geotechnical Evaluation of Earth Fissure, Legacy Villas at La Quinta HOA, Retention Basin No. 5 and 48-785 through 48-809 Legacy Drive, La Quinta, California," prepared by TerraPacific Consultants, Inc., dated October 24, 2014. "Unit 193 and Unit 194 Comparative Manometer Survey," prepared by TerraPacific Consultants, Inc., dated January 2016. Dear Mr. Clifford: Per request, TerraPacific Consultants, Inc. (TCI) has reviewed the above referenced plan for subgrade densification and slab re -leveling at the subject building within the Legacy Villas at La Quinta Homeowners Association (HOA) and prepared this response to address additional comments (number 4 and 6) on the City of La Quinta Design & Development Department correction list from the geotechnical perspective. TCI performed a limited geotechnical evaluation at the site at the request of the HOA, including the two condominium units in the subject building, which had been impacted by an apparent earth fissure after a flash flood event that occurred on September 8, 2014. Our evaluation was limited to visual reviews and comparative manometer (floor -level) surveys performed on two occasions in October 2014 and January 2016. No subsurface exploration was conducted at the subject building by TCI to expose the as -built foundation and underlying supporting soil conditions. 4010 Morena Boulevard, Suite 108 • San Diego, CA 92117 • (858) 521-1 190 • (858) 521-1 199 fax • ferrapoc.net at4k sG�1<. URETEK ICR To Whom it May Concern: Thanks you for considering using URETEK ICR to repair and restore your concrete and soil concerns. We have the best polymers available for concrete lifting and soil stabilization and veteran operations teams to ensure a quality completion of your project. In addition to these factors for consideration, we understand and value your request for environmental factors in regard to our materials and processes. We trust that the explanations in this document, although not 3rd parry certified, assists you and your firm to make an informed concrete and soil repair decision with a better understanding of URETEK ICR and the environmental lengths we have taken to make sure that every element of our operations meet and highly exceed environmental concerns. Sincerely, Ty Taylor URETEK ICR- Corporate REC:EIVED JUL 14 Z017 CM QUINT COMMUNm DIEVELOPMENT URETEK ICR 13900 Humble Rd. Tomball, Texas 77377 T 800.240.7868 F 281.290.6202 Work Email info®uretekipr.com �5 e- icr.com [DUNN S AV O] E I N G. 9UB S cLES, E�� ,au I: OCEANSID . CA STPUCTI.IRA.L ENGIN--ERING iL-G.966,o355 Pry. "EO.966.0361D FX usr._"1.SURFLEt.rm�1•i EI.1AIL July 11, 2017 Re: Legacy Villas Foundation Repair- 48785 Legacy Drive Plan Check Response City of La Quinta Plan Check No: BRES2017-0093 (1st Check) item Kesponse _ A.3 please see note added to sheet S1 A.4 please see note added to sheet S1 1.5 please see code references added to sheet S1 3.1 please see structural observation added to sheet S1 Additional comments 1 My signed and dated stamp on sheet S1 and S2 identifies myself as Engineer of Record 2 The helical piers are solely sacrificial jacks to assist in the lifting of the edges of the low portions of the foundation, they are not being depended on for permanent support, therefore calculations will not be provided. The listed lifting load is a conservative estimate based on rough calculations. 3 Please see item 1 above 4 Please find Soils Review letter dated July 6, 2017 5 No, please find the attached Uretek info attached addressing this concern. 6 No, please see soils letter, Uretek will fill existing voids to uniformly support the building as well as raise low portions to level 7 Ok, Please note: Helical anchors have been changed from Chance to Ideal, plans updated accordingly for name, address, part numbers, ESR report, etc at details 1 & 2 & Helical Pier notes on Sheet S1, as well as notes on sheet S2. Sincerely, DUNN V fE INC. Lam_ N� r r Rhe vole, P (*C46423) ice e nur as registered with the Board of Professional Engineers d Land Survev rs. a 0 Q E S 5 p... 14 SENT REC�E�VED JUL 14 2011 URETEK ICR CITY 0,r- LA4 ulwl:"' COMMUNITY DEVELOPMENT Env�ronmentd Consderafions URETEK Polymer: Environmentally Inert "URETEK's patented polymer is a two component polyurethane and when the material is fully reacted, it is inert and non -hazardous." "To the best of our knowledge, ridid polyurethane foams do not have any detrimental effect on the environment due to decomposition or degradation of the polymer." - Bayer Material Science (URETEK's exclusive polymer provider) URETEK Solutions: A Better Fit for the Environment URETEK Environmental Advantages to Traditional Repair Methods • Minimal to no I ndfill us: URETEK processes use small, 5/8" drilled holes to inject structural polymer through the concrete foundation into the weak soil strata. URETEK polymers are specifically formulated to cure to 90% strength within 15 minutes or less of injection, URETEK operators have surgical control on the volume of material being installed. There is little to no wasted polymer that goes into our landfill system. • Smaller, Effuceent, Operation: With over 20 years in the structural polymer business, URETEK methods and processes have been advanced and modified to meet extreme efficiency, both for our business and the client. Modifications include utilizing higher efficiency pumping equipment, low emission generators and gas powered tools, and an overall experience factor that allows us to complete the project faster, avoiding additional transit costs, burning less fuels, minimizing drains on natural resources. • Restore. Preserve. and Extend the Useful Lifg of Concrete: Avoiding a complete break out and replacement of the concrete, preserves, restores, and extends the useful life of the concrete that would have been broken out and place in a landfill. Typically, URETEK can realign and stabilize most concrete foundations and structures experiencing settlement. Additionally, URETEK's soil stabilization avoids large excavation and any potential hazards to the local environment. • • URETEK material is specifically formulated not to mix with outside liquids during and after injection/curing. Injecting URETEK polymers is safe to use around residential subdivisions, buildings, and virtually any populated area where water is present in the soil. URETEK ICR 13900 Humble Rd. Tomball, Texas 77377 T 800.240.7868 F 281.290.6202 Work Email info®uretekicr.com www i iretekicr com �r� RC7 D�I\/ ;D JUL 14 200 1.0 Background CI f1OF LA COMMUNITY DEVELOPMENT In general, TCI is of the opinion that the fissure impacting the subject building is a large- scale subsidence feature that extends well beyond the limits of the HOA. The feature is likely due to groundwater withdrawal from the Coachella Valley, which is a phenomenon that has been monitored since 1996 and is discussed in much greater detail within published United States Geological Survey Scientific Investigations Report 2014-5075, which was prepared in cooperation with the Coachella Valley Water District. The fissure appears to project beneath the subject building and has created voids in the supporting subgrade soils, likely contributing to the approximate 2 inches of floor differential inside the building (2.8 inches including garage stem walls). TCI performed comparative manometer (water level) surveys on the slab -on -grade floor in both units of the building since the fissure initially developed and found essentially no change in the overall floor differential, i.e. measurements were within the repeatability of the manometer instrument in October 2014 and January 2016. 2.0 Geotechnical Opinion Based on our limited evaluation, TCI recommended the voids created by the fissure be filled and the HOA consider various options for dealing with the measured floor differential, ranging from underpinning the structure to bedrock (estimated to be 50 feet and deeper), to localized grade beam/foundation augmentation, to performing cosmetic repairs and monitoring. It is our opinion the proposed subgrade densification by Eaglelift with the proprietary foam, Uretek, is a reasonable approach to filling the subgrade voids and re - leveling the structure. We understand that helical piers being installed are to assist in the re -leveling process and allow Eaglelift to provide an extended warranty for the re -leveling procedure that cannot be offered with the use of Uretek alone. 3.0 Limitations It should be understood that the proposed subgrade densification and re -leveling approach proposed does not address the root cause of the subsidence because it is a large-scale phenomenon affecting the earth beyond the limits of the HOA and cannot be addressed from just the subject building. Regardless of the approach taken, some risk will remain and as such, the site conditions should be periodically monitored and reassessed to determine if additional measures are required. Geotechnical Review of Subgrade Densification • Legacy Villas • FN. 29106.3 • July 6, 2017 -2 WE 4.0 Drainage Proper site drainage is an integral part to any repair approach. Ponded surface water should be avoided in the vicinity of the subject building. This can be accomplished by installing roof gutters with downspouts, sloping the ground surface away from the perimeter of the building, and directing surface drainage to the yard drain system. Additionally, adequate clearance between the bottom of the stucco weep screed and adjacent grades should be checked to provide a minimum of 2 or 4 inches between impervious or earthen areas, respectively. Irrigation should be monitored in the vicinity of the building to verify that the duration and cycling is limited to only what is required to sustain the landscaping. Drip irrigation is recommended instead of spray heads. 5.0 Closure It is difficult, in a single report, to address all of the items associated with the varying conditions. As such, we expect questions may arise that are not covered herein. We consider it part of our assignment to address any unresolved issues. Our investigation was performed using the skill and degree of care ordinarily exercised, under similar circumstances, by reputable soils engineers and engineering geologists practicing in this or similar localities. Since geotechnical engineering is based in part on experience and judgment, other consultants could arrive at different conclusions. Since TCI was not involved in the original design or construction of the project, no warranty either expressed or implied is provided for the site. , Respectfully submitted, TerraPacific Consultants, Inc. Matthew H. Marqu z, PE 70072 Senior Engineer QROFH. fS�s/�0�� 70072�' — w m Fires 09/30/JZ �r Civil — OF CAL1��F`� . R IV ED JUL 14 Z017 C11-Y OF i A QUINTA COMMUNITY DEVELOPMENT 2400 Principal Engineer �QRpF E S SIO�q� k A. 'ry.�'r�ry. 2400 m rn s Expires 613011$ s� 0 r£ Of NO Geotechnical Review of Subgrade Densification Legacy Villas • FN. 29106.3 • July 6, 2017 0 NSF International OFFICIAL LISTING NSF International Certifies that the products appearing on this Listing conform to the requirements of NSF/ANSI Standard 61 - Drinking Water System Components - Health Effects This is the Official Listing recorded on April 20, 2010. Bayer MaterialScience LLC - BaySystems Spray Insulation & Roofing Materials 2400 Spring Stuebner Road Spring, TX 77389 800-221-3626 281-350-9000 Facility: Spring, TX Joining and Sealing Materials Water Water Contact Contact Trade Designation Size Temp Material Grouts BaySystems 486Star (N-61) / �17 CLD 23 PUR Mondur MR Light (N-61) BaySystems 486Star-4 (N-61) / (1] CLD 23 PUR Mondur MR Light (N-61) BaySystems 486Star-6 (N-61) / [1] CLD 23 PUR Mondur MR Light (N-61) BaySystems 486Star-8 (N-61) / [17 CLD 23 PUR Mondur MR Light (N-61) (11 Certified for a maximum of 0.08 sq. in./L in pipes or tanks. RE EIVED JUL 14 Z017 CITY OF LA QUINTA COMMUNITY DEVELOPMENT Note: Additions shall not be made to this document without prior evaluation and acceptance by NSF International. 1 of 1 C0028336 789 N. Dixboro Road, Ann Arbor, Michigan 48105-9723 USA 1-800-NSF-MARK / 734-769-8010 au o W y o 5 v) a' V cc, o O cG C w Q V) r C Q, C r O iG f--+ O +-+ �•.+ � O y O U O bD + - L cu E, 0 Q" C c U v 'rt G m [c 7 A' O bA y C r �' . �. U r I O Cc L- N y e W O � U v Q U to N CJ 00 co cu O = y sz '� C6 p r }+ 00 s , c a° � _ .Fe a cz V r-n o 0 o V)� u� u m. W w0 C '. I r-=+ U_ cn iC1S Q r, > CO'4'� cv c6 y C6 ,� w O fib y p O dJ •�^ C L.LI 0 i-.-. In 6 C6 N p J m v) In O i U C¢ u b.0 O C CC' C O LLJ Ste. 4.7 'U r� -- R. � U Q O N Y o z o v; _� o o p- 4-1 -- LL a. o o 3 a o rCU u cu Q `� I 41 CO °' v � '� � a� � °' � � � � r- x U � 7o o° c� �_ A H rn CU vi f6 N � L fU cG v aJ ME- O O U 2 0! a° 2 ro En a) �, o bjO r� "O O O C Q O {� O C O N i. a.1 a y i c6 I ►� L� O w w U 1: cG Y 1 K 41 ■ t V/ y Q) }I C N O N y^, cG p E� w AV`CD •_ O A' • EnO � CS y J �./ � [n rr- .r. v C o 0 O p ca f r b-0 = U N W '� U S r cn a� "C M s u V s co �, 4 o i, �..r w i� p O U) }I U cd U O v ,r {A 4J M C3 uO. N O N 41 41 V '3` 4-d ^� O > r Q > It 11 L �." bA N L/) U �, aI O F-. c > CL C) sco /ED 6� O N O N d d d d 0 0 y N N N N N N d O O O y X X X >X X X X X d d CD LU W Lu W W LU Cll LU Y a 1 0 o :2 o o t 5 a Q com O o U c� m O Q V p N _o v Gfj m F- O t_7 Q a)O O %J co •C y m Q t 7C 5 C 2 I JUL. 4 2 W I ,� QUINTA COMMUNITY DEVELOPMENT C O `aC m ,N •Q \ •N •Q ,N •Q •I 'Q c o O —1 Q CDo O_ O Q ca. \ a7 CD LO O n V Lo p 07 C N N D7 p N n C O S C m O a a m o a S C CND co N CND (ND n ^ O) Q) W N N � CV -V H O U U 0 O Q F- y g Q o a c i coi j o J m cn ca to O b C 'a a cn VJ cn N O w' O a > > Cc G1 C O p V O -b C C r N m d tocn to a CL a — — E 8__ d cc m d d cc Ox 'G., o 0 2 J�� r t a, Terra Pacific Legacy Villas at La Quinta HOA c/o Ms. Jamie Saldivar 48-800 Legacy Drive La Quinta, CA 92253 Subject: Limited Geotechnical Evaluation of Earth Fissure October 24, 2014 File No. 29106.3 Legacy Villas at La Quinta HOA Retention Basin No. 5 and 48-785 through 48-809 Legacy Drive La Quinta, California Dear Ms. Saldivar: Per the request of the HOA, TerraPacific Consultants, Inc. (TCI) has completed a limited geotechnical evaluation of the earth fissure at the Legacy Villas project. The feature was clearly visible across the west side of Basin No. 5 and caused separations and cracks in adjacent HOA common area surface improvements. The earth fissure and related distress was reported after a thunderstorm/flash flood that occurred at the site on September 8, 2014. Understanding surface manifestations of the fissure also developed more than 900 feet to the south within and adjacent Eisenhower Drive, it is our opinion the feature was likely a result of large-scale subsidence. The most likely causes are due to groundwater withdrawal or consolidation within the alluvial or lake deposits at depth. With this in mind, we have completed this preliminary evaluation in order to map the approximate extent of the surface manifestation of the fissure on -site, determine if adjacent private residential foundations have been adversely impacted, and to provide preliminary recommendations and concepts for repairs. 1.0 EARTH FISSURE OBSERVATIONS Surface manifestations of the earth fissure were observed by our office during site visits between September 11, 2014 and October 1, 2014. The approximate locations of the observed manifestations are presented on the Geotechnical Plan, Plate 1 in Appendix A. The following paragraphs provide descriptions of the observed features. The largest surface expression transected the west side of Basin No. 5, generally in a north -south direction, in the form of a depression/opening a maximum of approximately 3 to 8 feet wide near the surface, before bridging with soil typically by a depth of 5 feet. The contractor working on basin drainage improvements at the time of the flood, Maco Equipment Rentals, Inc. (Maco), began a temporary repair of the depression/opening on September 17, 2014 due to a weather forecast indicating the potential for additional flash flooding. TCI did not observe the operation firsthand, but did provide Maco with temporary repair recommendations, which included cleaning and roughly squaring out a trench along the sides and bottom of the fissure, lining the sides and bottom with filter fabric, and then backfilling with an imported clay layer and on -site soil. Figures 1 and 2 in Appendix A depict photographs of the location of the fissure across the west side of Basin No. 5 prior to and after backfilling. 4010 Morena Boulevard, Suite 108 • San Diego, CA 92117 • (858) 521-1 190 - (858) 521-1 199 fax • terrapac.net Roughly in line with the depression/opening within the basin, three smaller surface voids off the southeast corner of 48-805 Legacy Drive (Unit 189) were noted. The two features closest to the residence were noted during our initial review on September 11, 2014 and measured less than 3 feet in length and approximately 4 to 6 inches wide at the surface, with depths of approximately 10 to more than 22 feet (limit of tape measure). The third feature was reported to have opened up sometime during the weekend after the temporary basin repair, and was measured less than 5 feet in length and up to approximately 2 feet wide and 8 feet deep. Figures 3 and 4 in Appendix A include photographs of the surface voids south of the residence. Further north, the fissure appears to project between 48-805 and 48-809 Legacy Drive, as numerous separations and displacement of hardscape and separations of the soil and footings in planter areas between the residences were observed. On the north side of 48- 809 Legacy Drive, the fissure appears to jog northeast underneath the corner of the building across the driveway and then under the southeast corner and along the east side of 48-785 Legacy Drive before apparent surface manifestations could no longer be detected. Figures 5 and 6 show example photographs of the features observed in these areas. 2.0 VISUAL INSPECTIONS AND MANOMETER SURVEYS OF PRIVATE RESIDENCES On October 1, 2014 a total of seven of the eight residences within the four buildings adjacent the west side of Basin No. 5 were visually inspected for evidence of foundation level movement due to their proximity to the fissure. In addition, manometer (floor -level) surveys were conducted on the concrete slab -on -grade floors and stem walls of the residences to measure overall floor differential/tilt in the buildings. The floor -level survey uses a manometer, which is a simple water -level device used to measure points of relative elevation on the slab. The survey points are corrected for thickness of floor coverings and then graphically contoured to illustrate the shape of the slab surface. Most new floor slabs are built to within approximately '/2 to 3A inches of level. Levels of unevenness due to construction practices may be even higher. However, for most practical purposes, floor tilt in excess of 1-inch usually indicates post -construction foundation movement. An important aspect used when analyzing floor deformation is the tilt ratio. The tilt ratio is typically defined as the greatest vertical elevation differential taken over a 20-foot horizontal distance. Most Geotechnical Engineers agree that damages will often begin to manifest when tilt ratios exceed 1-inch of vertical differential over a 20-foot horizontal distance, which represents a 1:240 tilt ratio. Results of the manometer surveys and significant distress features observed that appeared newer and possibly related to the earth fissure are described in the following sections. Limited Geotechnical Evaluation of Earth Fissure • Legacy Villas • File No. 29106.3 • October 24, 2014 -2- AN 2.1 48-785 and 48-789 Legacy Drive The building containing these residences (Units 193 and 194) exhibited a maximum floor differential of 1.9 inches (2.8 inches including garage stem walls). The high points are located along the west side of the building in Unit 193 and low points are in the hall bathroom, along the east wall of the middle bedroom and southwest garage stem wall in Unit 194. The corresponding maximum overall tilt ratio is approximately 1:171, with locally higher ratios of approximately 1:147 measured across shorter horizontal distances. The contoured results of the manometer survey are presented on Figure 7 in Appendix A. In general, distress features observed in the building that may be attributable to the recent earth fissure were fairly limited. Features included a few minor drywall cracks inside Unit 194 and some stucco cracking along the garage walls at both units. In addition, the owner of Unit 194 reported a new slab crack up to approximately 1/32-inch wide at the southeast corner of the garage. The approximate locations of these features are also presented on Figure 7 in Appendix A. 2.2 48-793 and 48-797 Legacy Drive The building containing these residences (Units 191 and 192) exhibited a maximum floor differential of 0.9-inch (including garage stem walls). The high points are located inside the half and full bathrooms of Unit 192 and the low point is located in the hallway of Unit 191. The corresponding maximum overall tilt ratio is approximately 1:533, with locally higher ratios of approximately 1:300 measured across shorter horizontal distances. The contoured results of the manometer survey are presented on Figure 8 in Appendix A. In general, no distress features were observed in the building that appear to be related to the recent earth fissure. Some fine drywall and stucco cracks were observed at the units; however, the features were considered minor and likely due to material shrinkage and/or normal foundation adjustments. 2.3 48-801 and 48-805 Legacy Drive The building containing these residences (Units 189 and 190) exhibited a maximum floor differential of 1.2 inches (1.3 inches including garage stem walls). The high point is located on the west wall of the master bedroom of Unit 189 and the low points are along the east side of Unit 189. The corresponding maximum overall tilt ratio is approximately 1:398, with locally higher ratios of approximately 1:228 measured across shorter horizontal distances. The contoured results of the manometer survey are presented on Figure 9 in Appendix A. Limited Geotechnical Evaluation of Earth Fissure a Legacy Villas • File No. 29106.3 • October 24, 2014 -3- In general, no distress features were observed in the building that appear to be related to the recent earth fissure. Some fine drywall and stucco cracks were observed at the units; however, the features were considered minor and likely due to material shrinkage and/or normal foundation adjustments. It should be noted, there were the exterior features (i.e. separations and displacement of hardscape and soil) along the east side of Unit 189 described in Section 1.0 above. 2.4 48-809 Legacy Drive TCI was only able to survey Unit 188 of the building, as access to Unit 187 was not obtained during our site visit on October 1, 2014. Unit 188 exhibited a maximum floor differential of 1.9 inches (including garage stem walls). The high point is located at the northwest corner of the residence and the low points are located at the southern portion of the residence in the master bedroom. The corresponding maximum overall tilt ratio is approximately 1:590, with locally higher ratios of approximately 1:175 measured across shorter horizontal distances. The contoured results of the manometer survey are presented on Figure 9 in Appendix A. In general, distress features observed in Unit 188 that appear to be related to the recent earth fissure were fairly limited. Features included a few fine drywall cracks inside the unit near the northwest corner and some stucco cracking at the west side of the garage. In addition, there was a relatively wide crack (3/32-inch or greater) in the tile flooring, concrete slab in the hallway and middle bedroom with some vertical displacement. However, there were no drywall cracks in the hall and bedroom area adjacent the slab crack and it is unknown if the slab crack was present prior to the earth fissure developing. The approximate locations of these features are also presented on Figure 10 in Appendix A. It should be noted, there were the exterior features (i.e. separations and displacement of hardscape and soil) along the west side and driveway in front of the unit described in Section 1.0 above. 3.0 DISCUSSION The earth fissure that was discovered after the flash flood event of September 8, 2014 is most likely caused by large-scale subsidence due to groundwater withdrawal and/or consolidation of alluvial soils or lake deposits at depth. The United States Geological Survey (USGS) has been monitoring large scale subsidence associated with groundwater level declines in the Coachella Valley since 1996. USGS Scientific Investigations Report 2014-5075, prepared in cooperation with the Coachella Valley Water District (CVWD), presents the results of subsidence monitoring in three areas of the Coachella Valley between 1995 and 2010. The Legacy Villas project is situated along the northern flank of an area identified as the La Quinta area, which experienced approximately 2 feet of land subsidence over the measured time period. Limited Geotechnical Evaluation of Earth Fissure Legacy Villas • File No. 29106.3 October 24, 2014 4- 4' Given the earth fissure is likely related to large-scale subsidence beyond the control of the HOA, we have prepared the following recommendations to help mitigate adverse effects of the fissure. The following recommendations are considered practical methods for addressing the geologic phenomenon affecting the site. However, regardless of the approach taken, some risk will remain and as such, the site conditions should be periodically monitored and reassessed to determine if additional measures are required. 3.1 Fissure Repair Regardless of which repair option presented below is selected, it should be understood that the repair will not prevent additional subsidence and development of additional surface manifestations of the fissure. The following options are intended to fill in the openings/voids in order to minimize infiltration of surface run-off into the fissure. Prior to enacting repairs, it is recommended that the displaced driveway panels between Units 188 and 193 be removed in order to better observe the subgrade soils for presence of fissure openings/voids and provide additional access for grouting options presented below. Replacement panels should match the existing driveway concrete thickness and reinforcement size and spacing. Also, Unit 187 should be inspected and surveyed to complete the building review. All surface area drain lines around the buildings should be checked to see they are in working order. The approximate location of driveway panels and drain lines are presented on the Geotechnical Plan, Plate 1 in Appendix A. 3.1.1 Option 1 — Comprehensive Grouting This approach would involve grouting of the fissure zone at depth so that it can be effectively treated from "the bottom up." In order to accomplish this goal, it is recommended that an experience grouting contractor be contacted to determine an effective means and method for filling the voids. It is our understanding, that a representative from a contractor specializing in geotechnical repairs, Hayward Baker, has already been contacted and visited the site. The information provided on Plate 1 in Appendix A, may be used as a guide to determine the approximate limits of treatment. TCI can provide additional geotechnical information, i.e. grading plans, soils reports, boring logs, etc., that may be requested by the grouting contractor, if ultimately contracted by the HOA. 3.1.2 Option 2 — Limited Grouting Another option to minimize surface infiltration and fill voids is to grout "from the top down" using a 2-sack sand -cement slurry. Essentially, where voids/separations exist at the soil surface, i.e. south of Unit 189 and along the sides of Units 188, 189, and 194, they should be cleaned of loose soil and roughly squared out to facilitate filling with slurry. Limited Geotechnical Evaluation of Earth Fissure • Legacy Villas • File No. 29106.3 October 24, 2014 -5- The slurry should be applied directly into the excavation/ground crack via gravity flow. A similar option could be employed at other locations within the Legacy Villas HOA where sinkholes or voids have locally formed since the flash flood, i.e. adjacent manhole near southwestern most pool, in Legacy Drive near clubhouse, and adjacent the garage at 48- 660 Classic Drive. Additionally, where separations between hardscape panels exist which are not elected for replacement, they should be filled with an elastomeric sealant. Sealant should also be applied along separations at the interface between planter walls and hardscape panels. 4.0 RESIDENTIAL REPAIRS Based on the results of our manometer surveys, we measured elevation differentials in Units 188, 189, 193, and 194 that indicate foundation slab movement potentially related to the recent fissure development. However, resultant damages to the finishes in the superstructure were mainly noted in Units 188 and 194 and appear to be relatively low- level in magnitude at this time. In any case, there are multiple options to consider, which ultimately will need to be based on the HOA's risk tolerance for future problems and cost to implement. Given the relatively limited distress at the residential buildings, it is our opinion a prudent repair approach would be to enact the cosmetic repairs and monitoring as described in Section 4.1 below. The following options are presented in order from the least expensive and higher risk for future problems to the most expensive and lower risk for future problems. Regardless of the repair approach, some level of risk will remain. This is always the case. 4.1 Cosmetic Repairs and Monitoring With this approach, finishes in the superstructure should be cosmetically repaired. Simple cosmetic patching and painting should be avoided where more rigorous fixes are appropriate, such as recurring cracks at re-entrant drywall corners. Slab cracks may be treated with epoxy injection (i.e. Sikadur or similar) or localized saw cut strip replacement (see Figure 11 in Appendix A). For example, cracked drywall could be removed to the nearest stud or blocking (or blocking added) and replaced with a new panel section. Prior to panel replacement, a metal tie could be mortised and screwed (not nailed) across the framing joint at the crack location. Drywall panel joints should be taped with adhesive - backed fiberglass (or similar) and joint compound applied in the normal manner before repainting. Other details within the overall repair may include metal connectors, special trim, elastic paint, or other items that will help resist or otherwise accommodate minor movements. Ultimately, all cosmetic repairs should be detailed and implemented by an experienced repair contractor. Limited Geotechnical Evaluation of Earth Fissure • Legacy Villas • File No. 29106.3 a October 24, 2014 -6- Monitoring of the residences is also recommended via comparative manometer surveys and visual reviews. It is recommended to perform surveys on affected units after any grouting repairs to establish a baseline and at approximate 18 to 24-month intervals. If additional movement is detected, one of the following options may need to be adopted. 4.2 Structural foundation Repairs Another approach would be to structurally enhance the foundations of the affected units (i.e. in the vicinity of the fissure zone). This would entail adding stiffening grade beams at the building perimeters or full or partial replacement of the existing slabs with a thicker, heavily reinforced mat slab. This would allow the residential foundations to essentially span the fissure zone or otherwise minimize associated bending stresses caused by additional subsidence. It is also possible the existing foundations may be underpinned into the bedrock below the fill and alluvial soils at depth; however, the bedrock may be too deep to make this repair cost effective. In any case, additional investigation to check as - built foundation and underlying soil conditions in the area of repair would be required. In addition, a Structural Engineer would need to be engaged to ultimately develop plans for submittal to the local building jurisdiction. If the HOA elects to explore this option, a proposal could be provided upon request. 4.3 Drainage Regardless of the adopted repair scheme, the potential for future movement can be reduced if excessive moisture is not allowed to infiltrate the ground. Basically, ponded surface water should be avoided in the vicinity of the subject residences. This can be accomplished by sloping the ground surface away from the perimeter of the building and directing surface drainage to the yard drain system. Additionally, adequate clearance between the bottom of the stucco weep screed and adjacent grades should be checked to provide a minimum of 2 or 4 inches between impervious and earthen areas, respectively. The project civil engineer should be consulted for drainage repair details. 5.0 CLOSURE It is difficult, in a single report, to address all of the items associated with the varying conditions. As such, we expect questions to arise that may not be covered herein. We consider it part of our assignment to address any unresolved issues. Our investigation was performed using the skill and degree of care ordinarily exercised, under similar circumstances, by reputable soils engineers and engineering geologists practicing in this or similar localities. Since geotechnical engineering is based in part on experience and judgment, other consultants could arrive at different conclusions. Since TCI was not involved in the original design or construction of the project, no warranty either expressed or implied in provided for the site. Limited Geotechnical Evaluation of Earth Fissure • Legacy Villas • File No. 29106.3 • October 24, 2014 -7- all This report is prepared for the sole use of our client and may not be assigned to others without the expressed written consent of the client and TerraPacific Consultants, Inc. The findings of this report are valid as of this present date. It should be recognized that conditions can change with the passage of time, whether by natural processes or the works of man. In addition, changes in applicable standards may occur due to legislation or the broadening of knowledge. Accordingly, the findings of this report may be invalidated wholly or partially by changes outside of our control. We greatly appreciate this opportunity to provide consulting services. Please do not hesitate to contact us if you require further information. Respectfully submitted, TerraPacific Consultants, Inc. ':!C- Matthew H. Marquez, PE 70072 Scott A. Thoeny, GE 2400 Senior Engineer Principal Engineer Appendix A: Figures rSSi , 70072 Expires 09/30/ 1 u 2400 -Ores 6i30/ iq OF Limited Geotechnical Evaluation of Earth Fissure - Legacy Villas • File No. 29106.3 - October 24, 2014 -8- APPENDIX A Figures e!wo i e�'e �::zsye�«a+es jl 17DdDJJ21::,`� �1.1 lulnO el �s OHH sell" Fae6al y ajnss13 41e340 uoljenlen3 leoluyoa;oaO paV.wlj � � 3 U � 3 e cf 9 c'o 3' R� N � t i o m L. ZAe P.o r• r ��• • . r 4 . • . •r;.r. "a Y ""`- AL NL Overview of fissure across bottom and south side of Basin No. 5 Overview across north side of Basin No. 5 4010 Moro' Boulevartl Legacy Villas Post Terra Pacific SanDiego CA92117 Example Photos Flood Evaluation Figure 1 aseszlalso File No. 29106.3 October 2014 Overview of fissure backfilled by Maco. Overview of fissure backfilled by Maco. 4010 Mauna IIWOv d Legacy Villas Post sU 1ge Flood Evaluation �' Terra aci is san0iegoCA92117 Example Photos File No,29106.3 Figure 2 . 959-621-1190 � October 2014 0 Surface void off southeast comer or 48-805 Legacy Drive. Surface void off southeast comer or 48-805 Legacy Drive. ansv x ea,lnre a Legacy Villas Post Tgrra acific '072 go CA92117 Example Photos Flood Evaluation a 106.n Figure 3 ase-sz1-11so File No. 29106.3 October 2014 f of filter fabric used temporary repair Surface void reportedly opened weekend of September 20-21, 2014 A. t- t X ti Ap k; End of filter fabric used for temporary repair Surface void reportedly opened weekend of September 20-21, 2014 .1010 M— FI-1 --wnd Legacy Villas Post Rood SUR. 108 d Evaluation TerraPaci is San Diego CA92117 Example Photos Figure 4 . 8SB-521-1190 File No. 29106.3 October 2014 u f I . 1Yf •� t Soil settlement/voids along west side of 48-809 Legacy Drive. n •ry� h.. Displacement/separation of driveway in front of 48-809 Legacy Drive. 4010 M.— Ci-I—d Legacy Villas Post Soi1e 10B Example Photos Flood Evaluation Figure 5 Terrc�l�sci�� SanLlicgoCA92117 ' ' ' ase-521 ;1so File No. 29106.3 October 2014 Te r r ci Pcic1 1c Jllfiiltilliiili�li1 � __- Hardscape separation near entry to 48-785 Legacy Drive. • _ t a - -t; • Ili r " •'r�- •, ' is • l � - .. l�:`� :',�P, �': i _.ate 1 :'? ` ' -• =� r ' �•5p�^,jc^"y.r +� r• frr r�r:[: _ !d •T Soil settlement/voids along east side of 48-785 Legacy Drive. aoln Mor H-04"b Legacy Villas Post SWO toe Flood Evaluation TerraPaci is 4"FllogoCA92117 Example Photos File No.29106.3 Figure 6 85e321.1198 October 2014 EXffiBIT "C" Manometer Survey dated January 22, 2016 (confirmed by EagleLift on February 9,_2017) -14- Z 'I� i h � f �^✓ � iIL co °co N o CC m o O O O ?a E E pEl ro o 18. 2 E9 u� CY - v J e.m 02. O W O } 1(( w N O } J o Co N �_ rn LL 0 r 0 z w 0 J `# O e m DO m m co _ Z S Cq y 0 qgg� E E. f 7 i Q 0 0 L) \ O i m Z I 9-J S O f A' 4 1 o w Do = y DO ~ O C 00 co •� h 1 � y °p � _ o N jm m O m m m m m Z a � m E E3 i Ka m a a! m e E 1 s�.4 $ ( $t \� m)�f» 3,§!| g] ®f E ! \| \k \®� &§§!, &;2l. - - .§! ka o��§§ 2! ! 0-6 21 ) )� 24 �,°■ «; g! o,:�� § �q » of ,2 !k ■! a-k §`! - >■(ff -` >!�/!, $} }f }\f �n \ft�\\ } j}!� }� ; \ ( ) @ S : /( � EXHIBIT "D" Ea leLift Construction Contract Rev. 5 dated March 21 2017 -15- EAGLELIFT REV. 5 Date: 3/21/17 Name: Legacy Villas at La Quinta HOA Address:48-800 Legacy Drive, La Quinta, CA 92253 Phone: 710-610-7695 Email: bclifford@drminternet.com EagIeLIFT, Inc. Representative: Roberto Najera Phone: 619-433-8031 PROPOSAL AND CONSTRUCTION CONTRACT (Home Improvement/Commercial/Industrial): You are entitled to a fully executed copy of this agreement, signed by both you and the Contractor, before any work is started. 1. DESCRIPTION OF PROJECT: EagIeLIFT (also referred herein as "Contractor") will furnish all labor, materials, equipment, supervision, and contract administration to complete in a good and workmanlike manner the following: Alterations to structures under the jurisdiction of Legacy Villas HOA (also referred herein as "Customer") located at address 193 and 194 Legacy Drive, La Quinta, CA 92253 (hereinafter the "Project" or "Work"), as described more fully in the scope of work and drawings, pages S1 and S2, prepared by Dunn Savoie, Inc. dated March 3, 2017. By this reference, equipment listed and those drawings are incorporated in and made a part of this Contract. Contractor's scope of work under this Contract does not include any of the following items: Repair or replacement of any flooring, hardscape or softscape, or any finish work that may be required when the lifting and leveling is completed. All utilities that may be affected by the install or lift are the responsibility of the customer. Any existing breaks in plumbing lines may result in polymer infiltration to which EagIeLIFT is not responsible. Water and Sewer line inspection work starts is recommended. 2. DESCRIPTION OF SCOPE OF WORK, MATERIALS USED AND EQUIPMENT TO BE INSTALLED: Install 20 Helical Piers in locations as indicated on design plans from DSI. Inject Uretek geopolymer in locations indicated on DSI design plans to densify soils at depths of -5' and -10' below grade. DEEP INJECTION: Based off of the provided reports and/or inspection, Deep Injection Method should be used in attempt to stabilize the structure. Deep Injections will be placed as noted on drawing to mitigate further settlement. The injection locations will be placed on 5 foot centers per DSI design plans. The urethanes will be installed at depths of -5' and -10' per DSI design plans, where the allowable soil bearing pressure is usually greater than 1000 pounds per square foot. The yield compressive strength,of the URETEK polyurethane 486 is about 60 psi (8600psf), according to test results obtained using ASTM D 1621. The grout is much lighter than soil, and generally weighs between about 3 and 5 Ibs per cubic feet. Therefore, settlement of compressible soils below the grout generally does not occur. Typical allowable foundation bearing 10410 Trademark Street Rancho Cucamonga, CA 91730 877.752.2522 Toil -Free eaglelifting.com CA 778157 A7 ROC 179618 NVSS910 Eaglei.JT, Inc is a participant of the Economic Recovery Fund in AZ and NV, Statutory Limit of $500,000 - 1 - pressures of soil range from about 1000 psf to 2000 psf, which is less than 33% of the compressive strength of the grout. The expansion of resins will consolidate base soils and underpin the immediate surrounding area to fill voids and improve soil bearing capacity. Helical Piers Helical piles will be installed specifically based upon engineering and design. Engineering and geologist reports can only determine an estimation of the final depth and torque. Actual depth can only be determined after a pull test is completed by the installer. Therefore, all anchors may have a tendency to be driven farther than the depth estimated. Prior to signing this proposal, please verify the estimated depths with us. Please note, any additional footage after the estimated scope per contract will be an additional charge of 550.00 / foot. Design: install (20) helical pier anchors to 15 ft. PRODUCT: • 20 Ideal Group 1-1/2" RCS hot rolled -square Lead, 60" w 3/8" x 6"-8" helix, galv. • 40 Ideal Group 1-1/2" x 60" RCS Extension, galy. • 20 Ideal Group foundation brackets INSTALLATION: • Size & number of helical blades shall be determined by the Engineer of Record in order to achieve the required torque and tensile/bearing capacity. • Helical will be installed using Torque motor using a Drive tool. • Constant axial force (crowd) shall be applied while rotating Helical anchors into the ground. ■ The Manufacturer's tensional strength rating of the Helical Anchor shall not be exceeded during installation. • Bolt hole elongation due to torsion of the shaft of the Helical Anchor at the drive tool shall be limited to Y•". Helical anchors with bolt hole damage exceeding this criterion shall be uninstalled, removed, and discarded. ■ When the Termination Criteria of a helical anchor is obtained, the Contractor shall adjust the elevation of the top end of the shaft to the elevation shown on the drawings • All helical anchor components including the shaft shall be isolated from making a direct electrical contact with any concrete reinforcing bars or other non -galvanized metal objects since these may alter corrosion rates. ADDITIONAL NOTES: • No Compression / Pull Test Included (Add $5,000.00 if necessary) • Helical pile anchors are total of 15 LF in depth and will be installed at approximate 2 degrees off vertical. • Install vertical helical piles as specified. • Install pile shaft extensions to reach design depth and couple with manufacturer supplied hardware. • Monitor and document installation torque for each pile. Installation torque is then used to estimate ultimate soil capacity. • Provide installation data for each pile, including correlation of torque to capacity, to the client. • install all necessary threaded bar adaptors. • No open trenches are allowed to be left open after close of work. • If pile locations must be adjusted in the field, the new locations will be approved by the client prior to pile installation. 10410 Trademark Street Rancho Cucamonga, CA 91730 877.752.2522 Toil -Free eaglelifiing.com CA 7781S7 A7 ROC 179G18 NVSS910 aglel.IFT, Inc is a participant of the Economic Recovery Fund in A7 and NV, Statutory Limit of $S00,000 �2 • An additional charge of 50 foot will be added if piles must be installed to a depth more than that specified in order to achieve the specified capacity/torque. • If any piles are needed beyond what is stated in this proposal or shown on the drawings, and additional charge will be added per pier. Additional piers will only be installed following client approval. • Install helical piles with a hydraulic -powered, rotary -torque drive unit to a torque of at least 2,000 ft-lbs. • EagleLIFT reserves the right to revise the pile configuration and negotiate in good faith with the client for any change in associated costs based upon the results of the load test. Termination Criteria. 1. Axial capacity is verified by achieving the final installation torque as shown on the Drawings or as provided by the Anchor Design Professional. 2. Minimum depth is obtained. The minimum depth shall be as shown on the drawings, that which corresponds to the planned bearing stratum, or the depth at which the final installations torque is measured, whichever is greater. In addition, Helical anchors shall be advanced until the average torque over the last three (3) feet equals or exceeds the required final installation torque. What if: If the tensional strength rating of the Helical Anchor and/or the maximum torque of the installation equipment has been reached or "Augering" occurs prior to achieving the minimum depth required, the Contractor shall have the following options: 1. Terminate the installation at the depth obtained subject to the review and acceptance of the Engineer and State's Representative. 2. Remove the Helical Anchor and install a new one with fewer and/or smaller diameter helical plates or with dual cutting edge helical bearing plates. The new helical configuration shall be subject to review and acceptance of the Engineer and acceptance of the Engineer and State's Representative. 3. Remove the Helical Anchor and pre -drill a 4-inch diameter pilot hole in the same location and reinstall the anchor. This is an additional charge at $95.00 per work hour. 4. If obstruction is shallow, remove the Helical Anchor and remove the obstruction by surface excavation. Backfill and compact the resulting excavation and reinstall the anchor. 5. Remove the Helical anchor and relocate 1-foot to either side of the installation location subject to the review and acceptance of Engineer and State's Representative. 6. Reverse the direction of torque, back -out the Helical anchor distance of 1 to 2 feet and attempt to reinstall by decreasing crowd and augering through the obstruction. 7. Remove the Helical anchor and sever the uppermost helical bearing plate from the lead section if more than one helical bearing plate is in use, or reshape the helical bearing plate to create a special tapered edge by cutting with a band saw. Reinstall the anchor with revised helical bearing plate configuration. 10410 Trademark Street Rancho Cucamonga, CA 91/30 877.752.2522 Toil -Free eaglelifting.com CA 778157 AZ ROC 1796.1,8 NVSS910 "aglel.IFT, Inc is a participant of the Economic Recovery Fund in AZ and NV, Statutory Limit of $500,000 -3- Quality Assurance: if the minimum installation torque as shown on the working drawing is not achieved at the minimum overall length, and there is no maximum length constraint, the Client shall/can elect the following options: 1. Install the Helical Anchor deeper using additional extension sections. This will be an additional charge of $50.00 per foot. 2. Remove the existing Helical Anchor and install a new one with additional and/or larger diameter helix plates. The new helix configuration shall be subject to review and acceptance of the State's Representative. If re -installing the same location, the top -most helix of the new Helical Anchor shall be terminated at least (3) three feet beyond the terminating depth of the original helical Anchor. This will be at an attritional charge of the materials -cost plus overhead and profit. The material invoice will be provided upon request. 3. De -rate the load capacity of the Helical anchor(s). The de -rated capacity and additional Helical Anchor location shall be subject to the review and acceptance of the State's Representative. *Contract may change based upon on the actual conditions noted when work is started. Assumptions are normal footings with no additions to footings that require additional work. This includes caissons, additional concrete, deep footings etc. Any additional labor outside of the original SCOPE OF WORK will be charged at a rate of $95 per hour per man. 3. CONTRACT PRICE: Owner shall pay Contractor the sum of $ 95,160.00 (the Contract Price) for the Project/work to be performed under this Contract, subject to additions and deductions pursuant to change orders agreed upon in writing by the parties, and subject to 'allowances' as provided below. The Contract Price can include specific dollar amounts that are set aside for certain materials, finishes, fixtures, and other items that have not been selected or decided upon by the Owner. These allowances from the Contractor include all overhead and profit, plus all applicable sales taxes. Any contract changes/adjustments will be handled with change order(s). PRICE PRODUCT & SERVICE 20 Helical Piers - manufactured by Ideal Group $43,000.00 Geopolymer Soil Stabilization — Deep Injection — (04000) $50,000.00 GPR Scan — Interior utility / PT cable locating $1,000.00 Mobilization $1,160.00 TOTAL $95,160.00 10410 Trademark Street Rancho Cucamonga, CA 91730 877,752,252.2 Toil -Free eagleliffing.com CA 778157 AZ ROC 17961.8 NV55910 "agleLIFT, Inc is a participant of the Economic Recovery Fund in A7 and NV, Statutory Limit of $500,000 ^'4"' 4. DOWNPAYMENT: IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWN PAYMENT. THE DOWN PAYMENT MAY NOT EXCEED $1000 OR 10% OF THE CONTRACT PRICE, WHICHEVER IS LESS. Payment schedule may be negotiated between Customer and EagleLIFT Initial Down Payment $1,000.00 Payment for Materials Delivered (Due upon material delivery) $42,320.00 Progressive Payment - Due upon installation of 20' helical pier $28,220.00 Progressive Payment — Due upon completion of DI soil stabilization $14,100.00 Final Payment for Completed Work (Due in full upon completion of work) $9,520.00 CONTRACT TOTAL $95,160.00 5. WORK TIME FRAME The work to be performed under this Contract shall be commenced on approximately 5/8/17, as long as any required building permits are received and any agreed upon funds are paid to the Contractor. The Project shall be completed by approximately 5/19/17, subject to permissible delays as defined in this contract. 6. LIST OF DOCUMENTS TO BE INCORPORATED INTO THE CONTRACT A. Proof of Commercial General Liability and Workers Compensation is attached to this document. B. Drawings consisting of 2 pages, showing scope of work. C. Warranty for Products Customer acknowledges and warrants that he/she has provided or disclosed to EagIeLIFT, Inc. any and all known prior work associated with the above mentioned repair. This includes any geotechnical and/or geological reports, engineering reports, soils stabilization or work that has been done similar to the work subject to this proposal, plans, or drawings relating to foundations, soils or structural components, that pertain to, or would affect or be affected by the work proposed to be done by EagIeLIFT, Inc. INITIAL Engineering and Permits City permits, engineering plans, geotechnical reports and special inspections are the responsibility of the customer and the customer shall pay all costs associated with these items upon the signing of the contract. EagIeLIFT can assist you in obtaining these items. Engineering and permitting costs are non-refundable as upon their completion, all documents are delivered to the client. INITIAL Items EagIeLIFT not responsible for and 100% Lateral Movement Exclusion This is a construction project and although EagIeLIFT will take appropriate precautions and work in a good and workmanlike manner, customer is responsible for any finish carpentry, painting, paneling, drywall, etc. that may be required after our operations are completed. As this repair is a structured lift of settled property, it may cause some interior/exterior cracks to appear/reappear, windows to crack, doors to misalign or utility lines to break. These are to be expected and are not the responsibility of EagIeLIFT to repair. EagIeLIFT is not responsible for any pipes the become damaged or broken through the installation process, the cleaning out of polyurethane, due to product's intrusion into any broken or damaged pipes, any concrete replacement or finish work unless specified in the project description. 10410 Trademark Street Rancho Cucamonga, CA 91730 877.752.2522 Toll -Free eaglelifting,com CA 7781.S7 AZ ROC 179618 NVSS910 F.agieLIFT, Inc. is a participant of the Economic Recovery Fund in A7. and NV, Statutory Limit of $500,000 .,. 5 ,�, EagIeLIFT is not responsible for any lateral movement on any of our completed scopes of work on any structure(s)- The client has been informed and completely understands our 100% lateral movement exclusion and by initialing, affirms and agrees. The technology used by EagIeLIFT deals only with the vertical movement of the structure required to bring it back to or near original grade. INITIAL There remains a potential for future movement of the foundation after EagIeLIFT, Inc. has finished the work. EagIeLIFT, Inc. is in no way responsible for such future movement and does not warrant the completed work against such movement. a) Areas of Structure Not Treated — Areas of the structure that have not been treated by EagIeLIFT may experience movement in the future. These areas will be considered outside the scope of work and will be considered a new scope of work. b) Foundation Constructed on Dry Soils —All dry expansive clay soils are subject to uplift as the underlying support soils take on moisture. This type of movement is usually caused by slow moisture migration and often continues for 5-years, but may continue for as long as 10-years after new construction. A Soils test is strongly recommended for any foundation less than 5-years old. c) Foundations Repaired on Dry Soils — Foundations repaired on dry soils are subject to additional uplift as the underlying soils take on moisture. d) Foundations Constructed on Wet Soils — Foundations constructed on wet expansive clay soils will settle when the soil begins to lose moisture through natural capillary and evaporative processes. This type of movement may last several years. e) Foundations Located on Seasonally Wet Soils — Foundations located on expansive clay soils are subject to sub -surface moisture migration from uphill gradient, underground springs, water traps, fluctuating water tables or improper grading and have a high potential for movement during seasonal moisture cycles. These conditions may influence isolated areas or the entire foundation/slab structure. f) Plants — Trees and large shrubbery, located near the foundation, often desiccate the soils under the slab/foundation during periods of dry weather and may cause the interior floor slab or exterior foundation to settle. g) Plumbing Leaks — Plumbing leaks in expansive clay soils may cause the soils to swell and heave or lift the slab/foundation. Wet expansive clay soils, caused by previous plumbing leaks, will often shrink after the plumbing has been repaired and cause the slab/foundation to settle. Such shrinkage may occur over long periods of time. h) Improperly Compacted Fill Soils — Soils used as fill in order to provide a level building site should be compacted in layers under the supervision of a Geotechnical Engineer and according to the procedure's arrived at by laboratory tests. If these procedures are not followed, the foundation may be supported by improperly compacted fill, and may allow the foundation to experience additional settlement. i) Sandy, Silty Soils — Sandy, silty soils that overlay expansive clay may provide an avenue for rapid moisture migration. Seasonal movement of the interior slab or seasonal uplift of the perimeter foundation beam may occur. j) The project work does not provide a remedy for the items a-h above. Additional work in the future may be required and is not covered by any further warranty, express or implied, under the terms of this contract. INITIAL I have reviewed this Proposal of Services, accept the proposed price, specifications, all terms & conditions, including all additional wording on the reverse of the forms, and find it to be satisfactory. I am aware that this Proposal of Services expires 30 days from the date received and can be withdrawn any time after the expiration date. 10,110 Trademark Street Rancho Cucamonga, CA 9-1730 877.752.2522 Toil -Free eaglelifting.com CA 778157 AZ ROC.179618 NV559.10 EagIeLIFT, Inc is a participant of the Economic Recovery Fund in AZ and NV, Statutory limit of $500,000 -6- INITIAL 7. CONSUMER NOTICES AND DISCLOSURE STATEMENTS A. Performance of Extra or Change Order Work Notice 1. Any additional material or work required beyond the original Scope of Work guidelines will result in a change order, presented to customer for signed approval and payable upon completion of job. 2. A change order is not enforceable against a buyer unless the change order also identifies all of the following in writing prior to any work covered by the new change order; I. The scope of work encompassed by the order II. The amount to be added or subtracted from the contract. III. The effect the order will make in the progress payments or the completion date. IV. Signatures of customer and contractor. 3. Contractor's failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment. B. Mechanics' Lien Warning Anyone who helps improve your property, but who is not paid, may record what is called a mechanic's lien on your property. A mechanic's lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit. To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a "20 day Preliminary Notice." This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she has not paid. BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notice. You will not get Preliminary Notices from your Prime Contractor or from laborers who work on your project. The law assumes that you already know they are improving your property. PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive. PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier. For other ways to prevent liens, visit CSLB's website at www.csib.ca.gov or call CSLB at 1-800-321-2752 Remember, if you do nothing, you risk having a lien placed on your home. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe. C. Contractors Board Notice "Information about the Contractors State License Board (CSLB)" CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions, and civil judgments that are reported to the CSLB. Use only licensed contractors. 10410 Trademark Street Rancho Cucamonga, CA 917.30 877.752.2522 Toll -Free eaglelifting.com CA 7781.57 AZ ROC 179618 NVSS910 Fagiet.IFT, Inc. is a participant of the Fconomic Recovery Fund in A7. and NV, Statutoiy Limit of $.500,000 - 7 - If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has the authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in Civil Court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor's employees. For more information: Visit CSLB website at www.cslb.ca.gov Call CSLB at 1-800-321-2752 Write CSLB at P.O. Box 26000, Sacramento, CA 95826 D. Three Day Right to Cancel You, the buyer, have the right to cancel this contract within three business days. You may cancel by emailing, mailing, faxing, or delivering a written notice to the contractor at the contractor's place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice. If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor's instructions on how the return the goods at the contractor's expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract. E. Attorney's Fees If any amount of the contract remains unpaid and collections made by EagIeLIFT, Inc. and/or its hired attorneys, lead to demand in collection, original prices, based on pre -approved terms will be forfeited. A twenty percent (20%) charge on the entire unpaid amount will be incurred as liquidated damages for labor, materials, and additional administrative efforts to collect delayed payment. Said liquidated damages are in addition to interest and attorney fees further provide for hereunder. Customer understands and agrees to pay 1.5% finance charges per month for any and all past due amounts. If for any reason EagIeLIFT, Inc. must begin mediation, arbitration, collections or actions in law whether based in contract or tort, to enforce this agreement or any other between EagIeLIFT, Inc. and customer, the prevailing party in such mediation, arbitration, collections or actions in law shall recover reasonable actual attorney fees in addition to other legal and related costs, or other remedies. 8. AGREEMENT TERMS & CONDITIONS ITEMS WHICH CUSTOMER IS RESPONSIBLE When trenching and excavation is required, Contractor will backfill and tamp dirt to the best of its ability. However, Customer may need to add more top soil at a later date if the area excavated settles. Customer is also responsible for any landscaping, reseeding and re -sodding as EagIeLIFT is not responsible for replacing affected landscaping unless specified in the project description. Proper drainage must be installed and/or maintained in order for the EagIeLIFT warranty to be enacted or remain in effect. Once proper drainage is install/maintained, such warranty is immediately effective once full payment is received and all funds cleared bank. EagIeLIFT does not provide drainage solutions. EagleLIFT's only responsibility is for foundation lifting/leveling and/or soil densification and/or stabilization as stated in the designated scope of work described in Section 2. Any work outside of what is specifically listed in Section 2 is outside our scope of work and not included in that scope of work even if there are additional requirements made by City Approved Plans and/or Engineering. 10410 Trademark Street Rancho Cucamonga, CA 9.1730 877,752.2522 Toil -Free eaglelifting,com CA 778157 AZ ROC 179618 NVS5910 EagIeLIFT, Inc is a participant of the Economic Recovery Fund in A7 and NV, Statutory Limit of $500,000 - 8 - Contractor calls "Diggers Hotline" to have all public underground utilities located. If Customer lives at a rural address, public lines will only be located to the pole or Customer's property line. Customer is responsible for marking any private lines such as satellite dish cables, propane lines, sprinkler system lines, etc. Customer assumes all responsibility and will hold EagIeLIFT, Inc. harmless for damages due to breakage of any hidden or unmarked fuel/utility/service/private lines, though Contractor will do its best to avoid such damage. CUSTOMER Any and all discrepancies must be in writing to EagIeLIFT, Inc. within five (5) days of completion. Failure to notify EagIeLIFT, Inc. constitutes approval of all work completed. TERMINATION OF THE AGREEMENT Termination by the General Contractor. If the Work/Project is stopped for a period of thirty (30) days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of Contractor, or if the Work/Project should be stopped for a period of fourteen (14) days by Contractor for the Owner's failure to make payment under this agreement, then Contractor may, at Contractor's sole discretion, upon seven (7) days' written notice to Owner, terminate this Agreement and recover from Owner payment for all work executed, Contractor's Fee earned to date, and for the cost of any proven loss sustained on any materials, equipment, tools, construction equipment, and machinery. Termination by Owner without Cause. If Owner terminates this Agreement for any reason other than Contractor's failure to perform its obligations under this Agreement, it shall reimburse Contractor for any unpaid Cost of the Work/Project that may have been due, if any, plus reasonable costs in connection with products, services, and labor furnished or rendered to the date of termination. Owner also shall pay Contractor fair compensation, either by purchase or rental at the election of Owner, for any materials or equipment retained. Contractor shall, as a condition of receiving the payment referred to in this provision, execute and deliver all such papers and take all such steps, including the legal assignment of these contractual rights, as Owner may require for the purpose of fully vesting in Owner the rights and benefits of Contractor under such obligations or commitments. MEDIATION Any dispute arising out of, relating to, or in connection with this Agreement, including without limitation, the meaning or application of any provision of this Agreement, or the performance of any obligation under this Agreement, shall first be submitted to mediation in an informal attempt to resolve such dispute. The mediation shall be conducted by IVAMS, or similar Alternative Dispute Resolution Service mutually selected by the parties, with a mediator experienced in the area of construction and construction contracts. Any party who first files any claim, including a complaint, without first seeking in good faith to participate in mediation, shall not be entitled to recover its attorney's fees pursuant to of this Agreement, regardless of whether such party is the "prevailing party" in any such action. ARBITRATION OF DISPUTES In the event that parties are unable to resolve their respective disputes at Mediation, all claims, disputes, and other matters in question arising out of, relating to, or in connection with this Agreement, including without limitation, the meaning or application of any provision of this Agreement, or the performance of any obligation under this Agreement, excepting claims that have been waived by the making or acceptance of final payment, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, or pursuant to an alternate Alternative Dispute Resolution Service mutually selected by the parties. 10410 Trademark Street Rancho Cucamonga, CA 91'730 877.752.2522 ToH-Free eaglelifiing.com CA 7781 S7 A7 ROC 179618 NV55910 F.agleUFT, Inc is a participant of the Economic Recovery Fund in A7 and NV, Statutory Limit of $S00,000 -9- The award rendered by the arbitrators shall be final, and judgment may be entered on it in accordance with applicable law in any court having jurisdiction thereof. Unless otherwise agreed in writing, General Contractor shall carry on the Work and maintain the Contract Completion Date during any arbitration proceedings, and Owner shall continue to make payments in accordance with this Agreement. All claims that are related to or dependent on each other, shall be heard by the same arbitrator or arbitrators, even though the parties are not the same, unless a specific contract prohibits such consolidation. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION. INITIAL LIMITATION OF LIABILITY Except as expressly stated in the accompanying Limited Warranty Agreement, no warranties or representations have been made by Contractor concerning the Project and/or the material and services furnished, including without limitation any implied warranties of merchantability or fitness for a specific purpose. To the fullest extent permitted by law, Customer acknowledges and agrees that upon completion of the Project, Customer's sole and exclusive remedies for breach of any and all warranties and for contractor's liability of any kind under this Agreement shall be limited to the remedies expressly set forth in the Limited Warranty Agreement. Customer further agrees that the total liability, in the aggregate, of the Contractor for any and all claims, losses, costs or damages, of any nature whatsoever arising from, or in any way related to, the Project and/or the this Agreement shall not exceed the total compensation received by the Contractor under this Agreement. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Customer further agrees that in no event shall Contractor be responsible for special, indirect, incidental, or consequential damages of any kind, even if Contractor has been advised of the possibility of such potential losses and/or damages. INITIAL MODIFICATIONS This Agreement cannot be changed nor can any provision of this Agreement, or any right or remedy of any party, be waived orally. Changes and waivers can only be made in writing and the change or waiver must be signed by the party against whom the change or waiver is sought to be enforced. Any waiver of any provision of this Agreement, or any right or remedy, given on any one or more occasions shall not be deemed a waiver with respect to any other occasion. 10410 Trademark Street Rancho Cucamonga, CA 91/30 877.752.2522 Toil -Free eagielifl-ing.com CA 778157 AZ ROC 179618 NVSS9:10 EagieLIFT, Inc. is a participant of the Economic Recovery Fund in AZ and NV, Statutory Limit of $SOQ,000 It I EXTENT OF AGREEMENT This Agreement is signed by the parties as a final expression of all of the terms, covenants, and conditions of their agreement and as a complete and exclusive statement of its terms, covenants, and conditions and is intended to supersede all prior agreements and understandings concerning the subject matter of this Agreement. As drawings and specifications are completed, they shall be identified by amendment to this Agreement. This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by written instructions signed by both Owner and Contractor. SEVERABILITY In the event that any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity and enforceability of the remaining parts, terms or provisions shall not be effected thereby and said illegal, unenforceable, or invalid term, part or provision shall be deemed not to be a part of this Agreement. GOVERNING LAW This Agreement was prepared, negotiated, and delivered in the State of California. In the event of any dispute concerning or arising out of this Agreement, the laws of the State of California shall govern and control the construction and enforcement of this Agreement. In the event of such dispute, the parties agree and acknowledge that San Bernardino County in the State of California is the lawful jurisdiction. SPECIALIST I have discussed and reviewed with the customer regarding the proposed services for this repair, proposed price, specifications, terms & conditions. REP INITIALS CUSTOMER Customer Signature Customer Name & Title Date CA 778157 A7 ROC 179618 NVSS910 EAGLELIFT, INC. EagIeLIFT, Inc. Authorized Signature EagIeLIFT, Inc. Authorized Name Date 10410 Trademark Street Rancho Cucamonga, CA 9V30 877,752.2522 Toll -Free eaglelifting.com FagieLIFT, Inc is a participant of the Economic Recovery Fund in A7 and NV, Statutory Limit of $500,000 -11- v 4 , i ESL iiBIT "E" Limited Warranty -16- EAGLELIFT LIMITED WARRANTY CERTIFICATE This Limited Warranty is made in lieu of all other warranties, express or implied, and of all other obligations on the part of EagIeLIFT, Inc. (the "Contractor") the customer (the Customer") and any subsequent purchaser(s) upon completion of the attached warranty transfer agreement, as this is a transferable warranty. There are no other verbal or written warranties. There are no warranties which extend beyond the description on the face hereof, including no warranties of express or implied merchantability and no warranties of express or implied fitness for a particular purpose, including foundation repair. This Warranty is in effect if the job has been completed, paid in full and proper drainage has been installed and maintained. Alternatively, this Warranty is null and void if job is not completed, full payment is not received, nor proper drainage installed or maintained. Contractor does not warrant products not mentioned below, but some of such products maybe covered by a manufacturer's warranty. All material used is warranted as specified on the proposal. Foundation Piers -Contractor warrants that the foundation piers will stabilize the affected area(s) against further appreciable vertical settlement for a period of twenty-five (25) years from the date of installation, or else Contractor will correct the problem at Contractor's expense. Contractor DOES NOT WARRANT, to close cracks, to render doors and windows operational or to move walls back to their original position, but will do its best to achieve positive results in this regard. Some of the reasons Contractor cannot warrant to lift the area(s) in question are as follows: 1) Skin Friction: The soil's tendency to cling to your foundation in its new settled position; 2) Obstructions; Items such as mortar, concrete or soil failing between the cracks or behind the veneer which will physically prevent the wall or chimney from moving back to its original position; and 3) Brick or Stone Veneer: The veneer of the home or other building is not part of the "structure" Contractor is attempting to affect, rather, it is merely a cosmetic covering similar to siding. Thus, a lifting operation on Customer's foundation mayor may not affect the veneer of the structure. Customer should also know that the possibility of further damages exist during a lifting operation. Contractor IS NOT RESPONSIBLE for damages caused by the lifting. All of the Contractor's efforts will be concentrated on obtaining the optimum results with a minimum of damage. Subsidence caused by extreme weather conditions like severe drought and/or extreme rainfall, are not covered by the warranty. Slab Piers -Contractor warrants that the slab piers will stabilize the affected area against further appreciable vertical settlement for a period often (10) years from the date of installation, or the Contractor will correct the problem at Contractor's expense. Contractor DOES NOT WARRANT TO LIFT the slab back to its original position, but will do its best to achieve positive results in the regard. Subsidence caused by extreme weather conditions like severe drought and/or extreme rainfall, are not covered by the warranty. Crawlspace Stabilizers -contractor warrants that Stabilizers will, under normal use and service is free from defects in material and workmanship for ten (10) years from the date of installation. Contractor cannot warranty any interior pier/post movement due to soils conditions out of Contractor's control, however Contractor can adjust interior piers/posts as needed for $125 per adjustment with a minimum charge of $1,500.00. Subsidence caused by extreme weather conditions like severe drought and/or extreme rainfall, are not covered by the warranty. Wall Anchors - Contractor hereby warrants that the wall anchors will stop further appreciable inward horizontal movement of the wall(s) repaired for five (5) yea rs from the date of installation, or else Contractor will provide the labor and materials, at no cost to Customer, to correct the problem with the wall anchors. Walls that are not anchored entirely from corner to corner, by Contractor, are not warranted. Anchors are warranted only to stabilize the affected wall(s) and not straighten them. If Customer desires further movement in the wall(s) repaired, Customer may tighten the installed anchors every 3-4 weeks during the dryer months of the year, which are typically July, August and September. Do not tighten the anchors in the winter, when the ground is wet, or when the repaired wall is straight. When tightening anchors, settingfor a torque wrench should be BO lbs., for a block wall and 90lbs. for a poured wa ll. Contractor recommends that Customer maintain the wall anchors annually as annual maintenance can prevent most foundation problems. The cost of maintenance is not included in the proposal or Warranty, but maintenance is available from Contractor at an additional charge. When anchors are installed behind garage walls, saw cuts and expansion joints are sometimes necessary to relieve pressure on the affected wall(s). Saw cuts and expansion joints are not warranted and may need to be repeated in the future if the joint compresses. Subsidence caused by extreme weather conditions like severe drought and/or extreme rainfall, are not covered by the warranty. Uretek Method/Deep Injection - The Contractor warrants that the injected URETEK materials will not shrink or deteriorate for a period of ten (10) years from the date of completion. The Contractor will replentish, during the warranty period, by re -injection, any materials, which fail to perform as warranted. This limited warranty supersedes any other warranties, expressed or implied. The Contractor guarantees, adjustments necessary due to the loss of the size stability or failure of the mechanical resistance of the injected material, in the injected areas during two (2) years from the date of completion of the work. The Contractor will adjust the settled area, by re -injection, at no cost to the owner. Should the treated area settle a second time, the Contractor will recommend that geotechnical testing be conducted as the problem is at a deeper depth in the sub grade. Further adjustments will not be at the Contractor's cost should Client refuse the geotechnical testing. This guarantee does not include external causes not dependent on our material, for example, ground subsidence or settlement of deeper soils, structural problems, dynamic or static load much higher than the design load at the time of URETEK intervention, damages caused by excavations, product tampering, natural catastrophes such as storms, floods, drought, tides, earthquakes, explosions orfire. Subsidence caused by extreme weather conditions like severe drought and/or extreme rainfall, are not covered by the warranty. Proper drainage must be installed and/or maintained in order for the EagIeLIFT warranty to be enacted or remain in effect. Such warranty is immediately effective once full payment is received and all funds cleared bank and proper drainage has been installed. EagIeLIFT does not provide drainage services. Customer agrees to maintain positive drainage away from the wall(s), slab(s) repaired by foundation push piers or the Uretek process. If proper drainage is not installed within the first 60 day period from the completion date, the warranty will be voided and unenforceable for any future dates. If proper drainage is installed within the first 60 day period from the date of completion, proof of installation supplied to EagIeLIFT, the warranty will be considered as in force from the EagIeLIFT date of completion for the initial project. Especially when trenching or excavation is done during structural repair, Contractor recommends a waterproofing membrane to be applied to exposed wall(s) to reduce the chance of water seepage into the basement if basement is present. Water seepage into any area of the basement or foundation is NOT covered by this Warranty and may require a waterproofing system at an additional cost to Customer. EagIeLIFT's only responsibility is for foundation lifting/leveling and/or soil densification and/or stabilization as stated in the designated scope of work described in Section 2 of our proposal/contract. Any work outside of what is specifically listed in Section 2 is outside our scope of work, is not included in our scope of work and is excluded from our scope of work and warranty. Any additional requirements called for by City Approved Plans and/or Engineering but are not specifically listed in Section 2, are outside our scope of work, are not included in our scope of work and are excluded from our scope of work. UnSupported Warranty Call Back - Should EagIeLIFT, Inc. be contacted to re -inspect for an alleged warranty service, company representative completes the call back service and inspection reveals there has been,1. No change(s) to work area, 2. Change(s) caused by improper drainage, 3. Change(s) caused by a ny condition which is not covered under this warranty, customer will be charged a $350 fee for our inspection services. 10410 Trademark Street, Rancho Cucamonga, CA. 91730 (877) 752-2522 www.eagielifting.com CA LIC# 778157 AZROC LIC#179618 NV LIC# 0055910 - EXHIBIT " F" Contractor's Code of Conduct 1. Contractors working or providing services on Association property shall not expose residents to injury or cause property damage from unsafe practices. 2. All Contractor personnel will keep tools, equipment and work areas clean and orderly. During the course of construction, alteration or repairs, form and scrap lumber with protruding nails and all debris shall be kept reasonably cleared from work areas, walkways, and in and around buildings or other structures. 3. Combustible debris accumulated within the job site shall be removed promptly during the course of work. All debris, rubbish, and wastes shall be removed from the property and properly disposed of at authorized waste disposal areas. 4. All Contractor personnel will drive vehicles and equipment with caution on Association property. MAXIMUM SPEED on Association streets is 25 mph. Where streets are congested or vision is limited, proceed with caution at a safe rate of speed and be watchful for people, slow moving golf carts, vehicles or equipment. Contractor agrees that if Contractor, Contractor's personnel, subcontractors, agents, invitees, etc., are determined (in the sole discretion of the Association) to be in violation of California Vehicle Codes and/or the Association's Rules and Regulations, Contractor's fees shall be reduced by $100.00 per instance. Contractor further agrees that for repeated infractions the Association may permanently bar any individual violator from driving on the Association properties. 5. Contractor and personnel vehicles parked on the street shall be parked in the direction of traffic. Parked vehicles shall not block access to mailboxes, fire hydrants, golf cart paths or driveways. 6. All Contractor's personnel, agents and sub -contractors must register with the gate guard on a daily basis and display the appropriate vendor pass on vehicle dashboards or equivalent means of access control as established by the Association. 7. All Contractor and subcontractor personnel shall perform in compliance with all applicable laws, rules, regulations and standards, including those issued under the Occupational Safety and Health Act of 1970 (OSHA), including any additions or amendments. I acknowledge that I have read the above, understand and agree to comply with the Association's contractor requirements. Name of Contractor Company State License No. Contractor Authorized Representative Date -17-