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290 - roofing report 2000FRIM McClain Roofing Inc CC1ai\ Roof leg Ing. Lic. No. 625013 LL III -V VII FKK NO. : e976T 4 12812 valley view St. #33 Gartlan Grove California 82845 TEL (714) 897-1780 FAX (714) 897.8754 ucc 1e uu 1245 N0.007 P.02 Oct. 16 2000 12:OMPM P1 NAME OF CONTRACTOR; MCCLAIN NOOSING, INC _ ADDRESS: 12812. Valleyyicv et. 033, Garden Crnve THLMHCM& (714) 897-1780 STATE LICENSE NUMBER: 625013 NAME OF PRO.IECTi ADDRESS: 290 Pauiarino Avenue, Costa Mesa, Ca DATE OF SUBSTANTIAL COMPLETION AND COMMENCEMENT OF WARRANTY: October 111 2000 �,.. O)WE, THE ABOVE NAMED CONTRACTOR(S), WARRANTY TOME OWNER THAT ALL MATERIALS AND WORKMANSHIP INSTALLED UNDER THIS SECTION Of TFm WORK WERE INSTALLED IN ACCORDANCE WITH ME MANUFACTURERS. SPECIPICATIONS AND FURTHER DECLARE THAT OUR ROOFING WORK WARRANTY" AGAINST LEAKING SHALL REMAIN IN EFFECT FOR A PERIOD OF 2 YEAR(S) FROM ABOVE DATE OF COMPLETION. FURTHER, MCCLAIIv ROOFING WILL NOT HE RESPONSISLS FOR DAMAGE AS A RESULT OF MISUSE, NEGLECT, FIRE, EARTHQUAKE, OR OTHER ACTS OF GOD. BY xevia Meclain _ COMPANY McClain roocin Inc TPPrP Prem -rd -em I+nnul_n --V" I - - 11v 11..1 ULb 10 UV _. 40 INu.UU( 1 .UJ r H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S FELLY EXECUTED FILE COPY VOIT-CAL-RN-101MOR - AIA Do I,twn! A107 Abbreviated Form of Agreement Between Owner and Contractor For CONS7R1)CT/ON PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT NAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION W'/T/t AN ATTORNEY 1S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION This document Includes abhrevulttl 4eneral Conditions and should not be used with other general condition.. It has born approved and endorsed by The Associated General Commcors or NnteriCN. AGREEMENT made as of the Eleventh Clay of September in the year of two thousand. BETWEEN the Owner: Voit Cal Partnere 1 6 III Mame and Nddrcn) a California limited liability company 12791 western Avenue, Suite 7 Garden Grove, CA 92841 and the Contractor McClain Roofing, Inc. (Nome cM add.) 12812 Valley View Street Unit 33 Garden Grove, CA 92845 The Project is: 290 Paulariao Avenue 6vameaM lamlmp Costa Mesa, CA The Architect is No Architect to be used on this project. um tor dnd nddr'l rv` �^I'-'t:j T1,f T -ID The Owner and Contractor agree as set forth below, Coprriahl 1946. 1951-19501,1W,J IIMA971,191X,eI'IH'III The AMI.1ianImumu' u 1 A rcbllc�ll, 11151,111,1 1i — Avrnue, N. U'., It Ilhinpluq D LI%N%+. Ht'hq Id OKI,, ar III, Ipaleeia lsrCin pr [4M1SIa.... I you W lhln p( iH Ivo. Ninl . ..11unl a'(IILLrI pelmb,lan of lis AIA v U JIG ILr au. ..... hl b", lIf rh[ I I uw, v,1d ..'i1 14"bier w CNa pmk...... MAI)MMENTAM- AIIPVIATE00W1SH.CON'I NA1.TOA AGRUMEN1-VI^1'II CIn IUN. AIN fllMI(ANNpItlTI•21.1+ 4r ARCIIITECTL 1'15 Nku vtlHN AVWM. NIX u'As111crrrnN. uc 11 A107.1987 1 .0NIN@ V nllcmaeC OFVIO[tl WIM1O vinlalP LLL. eeWllnhl 1..,.d 1[ f V41ee110legnl nmo,u,lnn l,w\. uui 10 UU 12;40 110.UU/ i'.U4 ARTICLE 1 THE WORK OF THIS CONTRACT 1.1 The ConlrKter shall exmte the entlrc Wod<alcscdbed M thr Gontnet Documents, uttpe to the emmnt spetlficilllIndinlcd In the ContnIct Documents to be the rapunlbllip' of others, oras fegows: Contractor to provide all labor and materials necessary to complete the re—roof as described in detail on the attached proposal, Exhibit 11BI'. The Terms and Conditions of this Contract shall at all times supersede Exhibd.t 11BT1 ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2./ The date ofcommcnccment is the tate!nnn%%'Illeh dlcWwrict Tune of I's,28raph 2.2 is nhessured, and shall be the data of lhi• Agreement, as first wri u,n above, unless a different e --de for the date m be hacd in a n0licc lu pnr. coed geoed by the Owner. .. I/v J" 4WM1IIrnYmINY. %IIOIf/-1-11/A•rbh'r,/I/uf Altlamux u: Y""A","n"'I '/he Mle uW1I4/l" In el rinll[e to /rnx•K// September 27, 2000 Weather permitting 2.2 The CAnarsator shail achieve 5ubsurubt Completion of the entire Wank not bier than nny., e. lanes. am rn .,ernW[wYs ,ea.6/rs '��. rl�mnr.rpn „r..nr,.,n .a.,lru.. yr,./rr,..,r,.,.nP,•r.+nl.. s'Irbanrllmrcrm/rrnn rW0 ,ry ., /,r. IAw of /6[irhli. I/na ,albN b lr r4Y i/nll '1 fh'rnlr a.l xl October 15, 2000 Weather permitting . subject to adjustments of this Cnntnsel Thnc as provided in the Corona Ikxuments. !/xFxl llnx'IFlY,I3. % rlrll'. /Ilfl/QrrhlNlhl Mmr[gwn rNulinq Ir. /rllluY enbunY,N� w /Inp / N/A ARTICLE 3 CONTRACT SUM 3.1 The C) i,wr sjIsIf fnrf Ill,• Contn¢Inr In correnI fV ink fur the Conlructur, Ixrfnrmance or In, CUNrJCI IIIc' Cu,,, $Un1 Uf twenty eight thousand nine hundred forty-four dollars and no/100-----------I1111;ua 1s 28,944.00---------------------------f. Funrytil to addiu0n. and dell"I'll".1 ns pnlvlded In the• U,,Illms MhylntenlA. IJA 1XI MMENT AIatl Al111NF\ ✓rF.11 p4'NY.0.COMV.CTpN ALNY.F,M1:1T• NLV1 II F11"1(1#•AIA I •Y IIN ' lllC 44a.AIfA,41.Y\Tllllf Uf AHCIIITr:CT( I'a1 NP.6'Y(IDN AVCNVI NU'„ ViATNIN'IMN ue :INnN, A107.1907 2 rn•ranlwuv an u.c U�� ao vo it.uo ivu.uut r.uD 2.2 Thad by thectSum is bued upon the followingvhcmaees,Umy,whichue deacgbedin the Concoct0dewnenLS Ntlasc hcrcby anaM.piledma,am o-'aarldmlLnmllony Pre/.um.e,rr.l/ieniau vnmWmmulm...nbin+ne by rb Dw�erngtyuml ra µe meurruigreil.y.rt,nmr, • ardadul. q nrb ou.. r,mu,n a�unnt tde emaum/b. eeN end rau dere coli uSkJ µw e,nanl L Wftl� N/A 7.3 unit prices, If any, we as rouows! N/A ARTICLE 4 PROGRESS PAYMENTS 4.1 BaAcd upon Appllotlons for Payment submitted to W e ifChieeee by the Contractor fndifted! the Owner shall makepP9gRew paymeno oa io,a urit of the COntroct Sun, to die Contnctnr u provided below and cbe- where In me Contact Documents. The period covered by ach Appilcadon for Payment sha11 be one dcndar month ending on the lot day of the manth, or as fallOws: N/A 4.1 Paymems due and unpaid under dm Contract shall beatL tallun Gam dm date paymcn, B due 11 the rate soled below, or in the absence the,eof, at d,e legal nm preraWng from t4nc m time at the place wherc the Piulca Is located. (lmm corp gml.rm eHn+d upon tri v) N/A IILury4wuY rtq/mmmv urNw'I81 /YIaW lrpra In Lmelrr,WQArt. Ilm ad'IYVe mtl 4Yd RFrumnnepl/lelYlelNaMr(gra/miaY arlKbuLninnd CnnVGnal} Pe1rKi porn grbudruu, IMlea,fengµePryln'eerW dr—bew m%e(/M �4W/d/y t�15/rP1a+Ykw[ryWN,h.�bwldYµl�lm/olio rrrOrtr In eMe�iwv or 111W ImliMe aM daO MlardiN rAu,iM1nnll/rWLa u.rllm lWWu,I MUMm.) AlA TN[ MIRICtKNl IMSTI yAVeTee Roeuf ldMeC0I0RIEUS. 1135 Hit v YORKRpRvRIFHUL N.A. WAI11.0TOraHp, D.C. .a. piedoe6) AI07-0997 3 wnnnMn;unllennneA nhnlMemLm+lvI adn VS. vom,ldw 1.w rand le 1.1411rl,.. 1 ... ,.m+.—Ii— rn'i, un RUGly ortuvo I[:L •>uo-Ul1JU UI.L 10 VU 1L;4! INO.UU( 1 .lib ARTICLE 6 FINAL PAYMENT 6.1 FUul payment, continuing theendre onmdd balance, of the Conoact Sum, shall be made by the Ownar to the Contractor when the Work has been eomplemd, the Contract fully performed, ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS . 6.1 The Convect Documents are listed in Anicic 7 and, except fur 'kidif"ll' nu 65ued alter execution Of this Agrecincnl, are enumerated as follows 6.1.1 The Agreement is this exec.led Abbreaiated Foran of Agreement Between Owner and Coniractor. AIA Document At07, 1987 Edition. 6.13 Thr Supplementary and other Conditions of the Contract are those eonrained in the FrOjecl Manua) dated ------------------------------ , and arc as follows. Document Title Pages N/A 6.1.3. The Specifications are those contalned In the Project Manual NmJ as in Subparagraph 6.1.3, and arc as follows rbu�+ lul rlr 5/Nrr/Imrbra Mn u. mJe, ro an ex4Nu m4mhN m Mn ggrawrtnn.l Section Title Pages N/A AIAIIOCUMENTA107- A1111ak1IAt COumyEN Cllr' nr:l0k AlikN.CMlNT•NINI'll fllll'1111, 00 •I.Pun It Afltall:AN INsI III Ta tatAuc11111:0 , II, Nl:v 1'n.A Avwq:' A'.ut, uN411.,,1n?. rat', I.xXk. AW -1967 4 .A.M.;Unna.—dnnmucnmmn vmlmea LLS.—flnml I.—ern 1.—N—m1-1, .n..e.,„ rl vl onwLw "'u ' ILI_ Jw-UwV 8.1.4 The Dnw`Ulga are. follows, and me dated (pvee,-Im mr o-Xw'ny Me a.yn ro.n atlas o1weW w tw .lpmrlv,rJ Number lltle 8.1.8 The Addenda, ifany, arc a follows: Number Exhibit "A" Date 09/11/00 ULL 10 UV 1L.4( INU.UU( Y U( unless a dfffemm date b shown below: Dace Pages 04 MM[Dns of Addenda relating to bidding requlremena art not part of Ne Contract Documents unless the bidding mqutreplenu are abo enumerated N this t,nick G, 8.1.8 Other documauE, if any, forming part of the Coninct Doainlenu uc as follows: 0.m agr.ro/;r,,..w eavMnur .n,rn a.r ao-�raq w/ .,. yr a/2r cwv.xr [�nu.l N/A TI(CAMDMENT AIDI•MIIIXIYIAI'11111'X, 113 Nit UXM)X(YESM•NI.W1 SIIINIMIq' •fij1YN TIIE A.NCYIUn' INFI'ITl'TE Dr nF1111TiC fn I+IS NF.1' YItNX Avf.NUG N W. WAg11N<{1nn' DI[aXX• A107•1987 .S WgnNINC. V nllmngM OOnwnminn rinlnnc U, F, cemMhl IwM nnn i. srdlnn rl rr onNLLi VNUVL ICL-hUO—UwV GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Convect W I menu consist of thio Agniturcm with COndlfOna of the COluracl (General. Supplcmenrary and other Cnndultur q), Drawings, Spccificvinrs, aodenda issued prior nl the execution of this Agreement, other documents hsmd in this Agreement and Modifications imucd after execution of this Agreement. The Intent of the Contras Dsxummnls is to include all hemsnecessary for the proper execution and completion of the Work by the Contractor. The Contract Ducumenrs arc complementary, and what is required by one shall be as bind kng as if required by alb, performance by the Cont racaor shall be required only10 the extort COniuvortl with enc Contract Dona menu and reasonably inferable from them m being necessary to produce the Intended results. 7.2 The Contract Documents shall or be construed to create, contractual relatlonship of arty kind (1)k--- --sera mar, (2) between the Owner and IT Subcontractor or Sub-eubcoomaor or (3) between any pch,,n5 or entities other than the owner and Contractor 7.3 Execution of rhe Contract by the Contractor is a represen radon that the Cmmotirmr has jetred rhe sem and beconhe band. far with the local conditions under wMic Ir rhe Work is to be performed. 7.4 Tic term -Work" means the consrmnlon and services required by the Contract Dlxumcnts. whether completed or partially completed, and includes all Other labor, mord ls, equipment and services provided nr to be provided by the ComraHor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Protea, ARTICLE 8 OWNER 9.1 The Owner shall furnish sunc,, fid a legal description Of the site. 9,2 Except for permits and tech which arc the magwnsibllily of the Contractor antler the Contract Doc'umenty, dm Owner shall secure and pay for nocessar,' approvals, casements, assessmence and charges raiuved (or rhe const ruction. use or occupancy of p"Triaricne strucmres n, permanent changes in existing facilhies. 9.3 If the Conuueur tails ,, correct Vloik which i, nut in accotdMce with the ITxloue,ntms of Ile Contract accumenta nr persiAenlly fails to carr, out Iha Work nn accordance wish the Contract DocWnfnts. III, 01c,r by a written Order, InYy order the Cnntmtn)r til slop Iia \\"ark, ur any notion nccnnf, ungl The cause fur wch Tinter taY been eliminated', however, the right of Thc owner In a141 the Work .shall not gi•e rise to;, Jury on it,, pan til the I)wner las vt,,rc'isc in, right for ria hencru of Thc (bnrraanr or any IIIrr ..anon it entuy. Uct Ib UU i2:48 N0.00( P.08 ARTICLE 9 CONTRACTOR 9.1 The Contractor shall superviu and dimcl the Work, ming the Contractor's best skill and attention, The Contractor shall be solely responsible for and have ro ro,l over constru"On me hs, methous, techniques, sequences and proccdure_s an<I for coordinating all portions of The Work under the Cgntes , unless Contract Documents give other spec10c insmedons concerning These matters. 9.2 Unless othem ise provided in the Conni rx cumenrs, the Contractor shall provide and pay for labor, materials, equip. meet tools, construction equipment anti machinery, water, hen, uWides, transliOna,ion, and Other facilities and services necessary for The proper execution and completion of the Work, whether temporary or permanent and whether or not Incorponmd or io be Incorporated In the Work. 9.3 The Comractor shall enforce strict discipline and good order among the Commnor's employees and other persons carrying out the Contract. The Contractor shall not permh cmploymeut Of unfit persons or persons nes stoked In tuts assigned to Mem. 9.4 The Convertor warners To the Owner asd Thal materials and equipment flrnishcd antler the Contract will be or good quality and nen' unicss otherwise required or permit, led by the CO-1—Cl Documcnts, that The Work will be her, from defects not inherent In he qualhy required or permfued, and That the Work will conform with the requirements of the Contract Docun ls. Work not confomnng to these require- ments, including substitutions not properly approved and authorized, may' be considered defective The Contractor's warranty excludes remedy for damage or defect arced by abuse, modifications not executed by the Contractor, Improper or insufficient maintenance, improper operation, or nomral war and tar under normal usage. ;--�'—a'-`ex •v�..e,.ra::,• ::, Our Contractor shall furnish saldfaCIOry evidence as to the kind and quality or materials and equipment. 9.5 Unless Ulhert,ki: provided in the Contract Documents, the Contractor shall pap sales, consumer, use, and other similar rues which arc legally enacted when bids are received or ncgo dations concluded. whether or not yet effective or merely scheduled to gra ism effer'I, and steelss and pay (Or the building permit and other permits andgovernments] fees, Ikenses and inspections necessary (or proper execution and completion of the Work, 9.6 Thc Cnntrar.nr shall comply with and give nntices requirm by laws. nr6hourct, , roles, regulations, and lawful orders of public authorities hearing nn )xrfrrmance or the Work. 'Ngw Gait', u r-Ngxaywq at .t ik�eracan 9.7 l'he Cunuaeor shall Ix rcxiwnitilul, m tic Owner for dee acu and omissions of dee Commie Ors employees, Sohnmtrao Tors and their ,gems ,mel employees. and other persons per forming poniom til' tilt Work under a contract with the Contraclltr. AIa BOdUKhc. A, lln, IIFHl,IAl.ct',SLN,Nlir V0k4NRhn'l T.-IINT11CU1TION•AIAI JUNK, A107.1967 6 1'IIF. /,MLNIfwN IN♦l'I'1'1'lY nl ANI:IIIIH'I t. I N M¢' 1'ONx A\'I:NI'E. ] V', 1vAVIIFl11'bF, U6 Nvay. WAXNINO: Unliertn5e,l OheternMr�a •bless LLS GorryrnM1l leve antl b mM1ine, ,n tram nmFru, m.. 94 The Contractor shag review, approve ­ .. has,� A ,M Octal 1 ea Shop Drawings, Product Gua, Samples and dation submlttals required by the Contract Documents w(dr rason• able Promptness, The Work shag be In accordance with vppmvcd submittals, Wizen professional ceAVkgmon of per. fnnnanm cdfeta of matelots, systems or equipment if required by the Contract Documents, the 0lei .keet shill be entitled to rely upon ate accuracy and compietumu nfauch mnl0eadom. 9.2 The Contractor shall keep die piaWso mud sutrdtnding arra flee from accumuladon of waste matedWa or rubbal caused by operations under die Conhact, At compicaon of the Work die Contractor shall remove from and about the pmic,, waste materials, rubbish, the Contractor's mots, consuuoUen equipment, nuehmcry and surpku nelimS. 9.10 The Contactor shall provide She Owner see melttdccr aqua to the Wods W prcparaUon -,it progress wherever located. 9.11 The Contractor alull pay alt rayaldes and Utemc fees; shag defmd stars or Wgns forinfringemeat ofp,tent fwtu and 51129 hold the Owner hadNas from lass on account there,f, but shag not be ruponsiblc for Such defetse or ton -lien a pudeu[ar design, process of product of a puuhWar manu(ac. tuner or mendaetmmtS b required by the CanW n Documerus unless me Contractor has reason to behave a. there Is an lnfdngmRm or pafcnt. 9.12 To die fullest extent Permitted by 12w, die Oontnnor shag Indemnity and hold tornager are Owner, yeeMhect, rash, .,.... consultants, andagents and cmployca of gay of them Froin mid against claim, duung., loss. and expenses, Includ- Ing but not limited to anomcya' Ica, uulng out ofor resuldrig from performanm of die Work, provided that such claim, dam. age, loss or expense Is attributable to bodily Injury, slcknM disease or dam, or to Injury to or destruction Of uAlObie prop- - my rop-airy (ether don the Work ["it) InCIuV9 loss of use resulting dmdrenn, bus oNyho die exient caused In whole or In part by negggmt secs of omissions of the Contractor, a Subcontractor, anyone dheety or Indisenly employed by them or anyone for whose acts they may be [able, tcgaidb•= of whether or not such dahn, damage, loss or expense b caused L% part by%parry lndnnNgad heieunder. Such obligation shall not be construed to rtgple. abridge, of redum otter rights or obhgatlom of IdemNry which "Wd otherwise exist a to a parry or person described in this Pangnph 9.12. 9.12.1 In 'claims spiral any pcnou or enUry Irldcmnrflcd under this Paragraph 9.12 by an employee critic Conuaaroq a Submntnnop anyone directly or bsdlreody employed by them or anyone for whoa, acts they may be 11261c, die Indentrana- don obUgm1on under ddr Paragraph 9.12 $lull not be talked by a ilnllution on amount or type of damages, compensadon or benems payable by or for tae Contractor or a Subcontractor under wmkcrs' or workrneni compensation acus• tambiilry, benefit acts orother employee bane it acts. 9.12.2 The obggadaru of me COn rsi xor under this Paragnph 9.12 shall not cxmnd no the liability of the Archlreer, the Arad• Rat's comulWlts, mid agent9 acid employees of any of tem adsmg our of(I) the pmpaatlon osapproval ormsps. dawings. oplNons, repom. survey,, Clmige Orden, Con,tmcdan Change Directives, designs or specifications, or (2) the givbrg of or Vic failure r0 give duecdom or InsuuNom by dse Ardumct, rhe Architect's consucau s, mid agcns mid mnp[oyccs of any of diem pmvldcd ..Ch giving or failure to give Is the primary nose of the Injury or damage. IL to Vu 1Z-46 NU. VUf r.Vy Ai1TIC1.E 10 ADMINISTRATION OF THE CONTRACT 10.1 The Ardtltecc wW ptovldc atm alitndon of the Contract and will be the Owner's repmsentsuve (1) dining cow,.,odon (2) until but payment Is due and (3) with the Owner's concur- rence, from tame to dice during the coneNOn pellet!descnbed In raragriph 19.1 . 10,2 The Architect will visit dig she err Inrcrvgls 2pl"Opnnhc to the smile of construction to become generally rmYflu with the progress and quant' of dse completed Work and to determine Ls general if die Work is being performed in a misuser bud,m- Ing dist the Work, whm Completed, wig be In accordance wWn Ole Contract Documents. However, the Acchi cct wW not be required to nuke exhm Sa,g or continuous on-site mspecdons m check qua0ry or quantity of the Work. On tie basis or on. Site observations ss an uehlmcq the AaJdtea wW keep the Owner Informed of progress ,f the Work and will endo,,, it, guard rhp Owner agahut ucrccu and deacimrie, in me Work. 10.9 The Acclaim wig not have control evefor Charge o(ald will not be responsible for construction mamas, methods. Rm- nlques, aequtncn or procedums, or for safety preouuom and Progfusls'I In mrmecdon with the Work, since mese are solely the Conrnnor'a r.PtnW6Wry u provided In Pmagaphs 9.1 and 16.1. The Archimer wW nor be resposulbie tot rhe Conum, tar's failure to tory out die Work In accordance with din Con. trier Doeumem. 10.4 Based on me ArchRect'a ObsemOons and evaluadow of Ole C,maetof'G Applicadots, for Payment. the Archheor will review and certify die amounts due me Connor and will Issue Catilicates for Payment In such smouns. 10.5 The Architect wW Interpret and decide matters Conccm- Ingperfomranqunder-and mcf Lvemenua(aicCoram,,Docu- mans an wdnen bequest of either the Owner or ctun. tor. The Arehieece wW make Initial deelslom on all china, dhpmes or other Matzen In question between die Owner and Contrac- rot. bur will not be gable for results of any Interpretations or deelslom tendered In good folds, The Archheces dMsiom In manera relining ro aesmeile, ellen Will be flit If conjanwr with the Lmene exprused In die Contract Doeuments. All other deco Signs of the Ards(rect, except those which have been wdvcd by making at aC„pranCe Of Mal payment, Shall be sublet to addlMdon upon the written demand of either pony. 10.9 The MclUrM Ila !rave aUrhod(y to reject Work which does not coruorm cc the Contract Documena. 10.7 The Mddtea w01 review and eppmvc or take other ARProprlme action upon the Conmeror'a submittals such u Shop Drawings, Product Data and S,unpla, but only for the limited purpose of checking (of eonromance alas hlromntien Slven and the design concept expressed In the Contract Documents. 10.9 All dualma or daputes between die Conhracmt and the Owner adsing out or relating to me Com.ce or dm brodu thereof, shall be decided by arbitration In scordance with me Construction Indastry Arbitration gales or me Anmticmi Anal tntlon Association currently in effect unlash me paNes mum. aIIy agree otherwise aid a W icix to an nidal proenrslon or the Clain or dispute to the Architect u required under Paragraph 10,5. Notice of dsc dermad for "Itaiadon aha0 be Ned In writ - Ing with the other party 10 this Agrcanenr and with me Amen cin Mblraadon Association and Shall be made walin a cesson• able time after die dispute flas aracn. The award retridemd by A197-887 T44 AIWmlr•tartt ,Of AAxlalUM, 11 13 N5 lNMECmTaYeOA2,n aA{yeCMHrttime •nM.wM, IeI uJIJN GT ,NN, O .C•.01561 latq,$ li hVLIV VhV VI iLL JVJ-VVJV tine arbitrator or arblratoa'had be NW, and Judgment may lie entered upon It in accordance with appgablc law In any court having Jurisdiction thereol. ExCgx by written consent of he person Or entity sought w be Joined, no arblumaon wising tui Of or relating m die COnrtact Doaunens shall Include, by am- r011datien, Joinder or N any Other manner, any person or endry flat a party to the Agree mtur under which such mutilation agnea, unless It a shown at the Wine die demand for arbitration b Ned chat (1) such person or codify is suberwitally Involved In a common question offaer or law, (2) die prescnw of such pa. son Of entry b required If complete rcgef Is co be seconded In die arbluauon, (3) die huerat or ropo,vsibl try of such penton or Cndry In the matter is not Ivsubsrambl, and (4) suds pert." or endry is not the Axigiect of any of Ole Ardd¢d' tmployea or consultants, The agreement hereln among die Pardee to die Agreement and any other written agreement to arbitrate referred to herein tines be specifically enforceable under applicable law In my court having Judsdlction thereof, L' ARTICLE 11 ,SUBCONTRACTS 11,1 A Subcondac(Or is a perion or emiry who has s dbcct eonfracr with the Conmctor To perform A potion of the Work It the site, fl.2 .Ness othc w se to etl n he Gon net Do omens or he bidding requbenreim, the Contractor, as soon ss practicable after award of the Contra, shall hrmlsh In wridug to the Owner tluetlgh-ora shdtkeesrne mores of the Subcontractors for each of the principal ponlem of the Work. The Contractor $hag not Cansoa with my Subcontractor to whom the Owner or MaiWap has :made aesamble and timely objection. The Contractor shall nor be required to Contact with anyone to whom die Contactor las made reasonable objection. Con. trial between the Contactor and Ssthmntnerors than (1) require each Subcontractor, TO'he extent of die Work to be performed by die 5u1,6onnaaor, to be bound res the Comae• Cor by the firms of the Contact Documents, and to ataume toward die Contractor all die obligations; and respomlbuhlm which die Contractor, by the Comism r Discontents, assurna towatl the Owner m4 AtekkOer, and (2) allow to the Subcom tactor the benegr df all lights, remedies and redress afforded rO the Contactor by these Contact Do,,reac s. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12.1 The Owner reserves the iglu m pnr.rrn Cm,.t cuon of opemtlom rdPmd m the Prosect wldi die Ownci a own lore., and res award sepaatd contracts m mnnectoo with Other per'• Wow of the project or ower comanction or openuom on.the site under Conditions of dm cnutraa Identical or subsantady slmllm to Uwe, InCluding those portions r O2,d ro.insurance and waiver of subrogation. If die Contractor claims that delay or additional cost Ir Involved because or such action by the Owner, Ole Contractor shat nuke suds cbhn as provided else. where In the Contract Documents. 12.2 The Contractor shall afford the Owner and separate Con- mctera resemble appenuntty for the InuoduNon and stor. age of their materials mid equipment, and perfomunce of their hctivma, and :hag comic¢ and COord4m, die COntaC[tf a construction and operadom wiih dicks u regtilred by the Com Inn Docutncnrs. ULT lb UV 1Lmay NO.UUI Y.iu 12.3 Costs Caused by delays, Improperly ❑,ed seuvldes or defectsvc ccm"edo. shall be Dome by die parry r Imuslble therefor. ARTICLE 13 CHANGES IN THE WORK 13.1 Ti¢Dwner, without Invalidating the COodracq may order changes N die Work cemlctng of odvhuum, d,14OOm or modb nations, the Conma sum and ConlnaTlme being adjmred accotdkhgly. Such dhanges In the Work :lull be authodacd by written Change Oldel signed by Ne owns, Contariot and. ,kehkeei, Or by wdtfen C010M000n Clangs D'vmdvc signed by the Owner and Arehlren. 13.2 The Contract Sum and r matt Tuno sbal be Changed only by Change Order, 13.3 Tile cost or credit to die owner front a dhmec ki WC Work shad] be determined If nmmal ayfcemmt. ARTICLE 14 TIME 14.1 Tkte llmhs sated In the Contact Documents arc of the eumea of die Contract. BY execuWg the Agreement We Com tractor confirms that the Contact Tkne Is a reasonable period for performing the ?pork. 14.2 The da¢ of Substantial Complcllon b'the date tallied by the mchltect in aeeoedance with paragraph 13.5. 14.3 if clic Contneror is dday<d at any dmcln progress of We Work by changes Ordered In the'Work. by labor disputes, rue, unusual delay in deliveries, abnormal adverse weather mndtl• lions not fcssooably anticiparable, unavoidable casualties or any Causes beyond the Cantr icter' s Control, or by color ousts which die mehkIll determines may Justify delay, then the Contact Time shad be -==Idea by Change Once, for subs lea. stumble Were as rhe+feekleees may deietmine. ARTICLE IS PAYMENTS AND COMPLETION 1&1 paymen¢shall 6c madess provided In Nrida4anE5 o! this Agreement. 15.2 payments tray be withheld on accouid of (I) defective Work not remedied, (2) Claims fled by third ponies. (3) rail= of die Conmctor res make payments Property to Subconmc- (Om or (or label, matedah or equipmenq (4) reasonable evb dente dial the Work cannot be COmplCmd for die unpaid tab Price of the COnmCr Sum, (5) damage to Ne Owner or mother, Contractor, (6) reasonable evidence dial the Work wW nor be completed within the Contract Tbne and that the unpald brh Into would not be adequate res cover actual or uqudW Cd darn ages (or the anticipated delay, of (7) perdsient faguse to carry out Ilse Wptk In accordance with rhe CO -Inc, Documenu. 15.3 When die mddreCr agrcn Thai the Work Is subsnndauy complete, die erehireet tool Issue a Candlkae or SVb,,,Obl Completion. 19.4 Final payment rhes) not become due until die Conmctor has delivered to die Owner a complete rclemc trail gens arising out of this Contact or receipts In Rill coveting Pit abet m C- dals and cquipmcm for which a ben Could be Nee, or P bond satisfactory to die Owner to Indemnify die Owner.8"I "I AU ptaruetllaim'•itil OfLtimowe S, list NEW sat Aidan E. MfrlHmiltdn•Na••61aa1 thle NAepl'AN INSTTVrt Of MWIITLRr, hUr NEV' YOnrt hvralUE N.v., mnadINOTON, nG 30006 A107-1967 8 FPM-GRRDEN GROVE TEL:903-0030 pletan of the Contract or by Terms of =% applicable specbl wu• may, required by dw Contract Doarmenos. The provisions bf dib Article 1112 pply to Work done by SubcOnoaaora as vett u to Work done y direct employ. of me Contractor. 12.1 Nothing contained In this Article 18 shall be construed to crublun a period of limitation with respect to odtu obligations which the Contractor might have under the Contract Docu- Tnenu. Psubllshment of me true period of one year as described In Paragraph 18.1 relates only to the specific obhga- hon of the Contractor to correct the Work, and Itss no relation• ship to rite Wile within which the obllgulou to comply wlim rile Contract Docwnfilu may be sought to be enforced, nor to the time within which proceedings may be commenced to esiab WIT the Contractor's liability with respect to the Contractor's obligations; odicr than spec10caliy to correct the Work, ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 Tile Contract dull be governed by the law Of he place whew he project is tinted_ , 19.2 As between me Owner and the Contractor, any appll. cable r Anne: or Limitations Shall commence to run and my alleged cruse of action shall be deemed m have accrued - .1 not later man the data of Sub$t=tW Completion for acu or Callures to act occurring prior to the relcm; data of Substandul Completion; .2 not later than die dale of Isswilee of me'Mal Cerdll. ale for Payment for acu or fallums to act occurring subsequent to die relevant dare of Substantial Com, pterion and prior to Issuanceorme Mal CC10C efor Payment; and .3 not later than the date or the mievmt act ur failure to act by the COnmttOr for eCt$ or failures to let Occur, ring after cho due of the Onal.Ccrdeate for Payment. Jct 16'UU 12 31 NO.UU( l'.Le ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 If the Architect Latta to recommend payment for a period of 30 days through no fault of The Contractor, or it the Owner falls to make payment mer;on for a period o0f) days, me Con. tractor may, upon seven additional day$' wilaan nodce to the Owner and the Architect, icrminme the Contraer and recover from du Owner paymrnt for Work exccutad uW for proven loss with respect to materials, equlpnmnt. twu. mad mnsuuc. trail equipment and machinery, Including reasonable overhead, profir and damages appllable To the Prolcct. 20.2 If die Conrn4wr defaults or persbtendy (tris or neglecu to carry Out me Work in aeeordence with the Contract Deco- menu or Cab to perform a provision of me Concoct, the Owner, after seven days' written notice to die Conmctor and without prejudice many ocher remedy the Owner may have, may make good such dcncersdcs and may deduct me cost timnsof, b¢ludmg mmpeasadOn for Olt AldTltaet'a suvlaa and expenses made necessary thereby, from the payment then or ihucrher due the Contactor. A mmadvely, at The Owners option, and upon ardlla0a m o , by the Arehlteat sufficient cause ealss to justify such aedon, the Owner may rerminaw the Contra And take possession of the, site and of all ntaterbls, equipment, tools, and eonsuualon equipment and maahrury thereon owned by the Contactor and may (rush me Work by whatever method me Owner may deem eEpedient. It the unpaid balance of die Conran Sum exceeds error of Mlsiling rite Work, including compensation for the Architect's services and expcnsn made necessary thereby, such excess shad be pold to the Conme(on but If such costs exceed such unpaid balance, the Contractor'bah pry The difference a dirt owner. THE AMMRIeVASTIT= Ot Al DOwaaea•Cla)5NOT ORApaaaMOL V.. Wt0nm TTA.. •tAtan TITa AMbaltap 1HSTITVTE Of ARCItrt[Rs, nsf NE•x YDmx nvsrrV6 MK, wA51bNOtoN. D.C. a000$ A107-1967 10 FPR, -GARDEN GROVE TEL:903-0030 Oct 18'00 12:52 No.007 P.13 ARTICLE 21 OTHER CONDITIONS OR PROVISIONS - Subject to fulfillment of Insurance Requirements as outlined in Exhibit "A" attached. This Agreement entered into as of die day and year Arst written above. . Volt Cal Partners I 6 III OWNER CONTRACTOR MCC1aih Roufing, Int. Its TAuthorsiern Property anger Hast, LLC Its: Authorized Property aen¢gez dba T[ansvestern Ir IlA\/V4nN.\ p _ Co rvlces ,. (1lgwl .) (1'l8nmun) J straws VP, PC Ae ions]. Manager Ke. (PdnIN rwme aM tldv (PRfnbd ramr end ddq M CAUTION! You should sign an erlglnel AIA document which has this caution printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. 44 AMERICANINK TUTP 9 �TE00mNCRSONTM%'YOXX CEMWT• NINTIV HINT• N. •019!'/ 11 A1gT'196T THE AMERICAN INrniV@ OF APLIIITFCTS, O31 NEV' YOKK MMus N`a.. a'AEI IINOTON, 0.C. 761406 FPM-GHK110 bKUVt « •��� --- ADDENDUM TO CONTRACT NO.: VOrr CAL-RN-101MCR DATED EFFECTIVE AS OF SEPTEMBER 11, 2000 BY AND BETWEEN MC CLAIN ROOFING INC., AS CONTRACTOR AND VOLT CAL PARTNERS I & III, LLC PROPERTY: 290 PAULARINO AVENUE, COSTA MESA, CALIFORNIA REFERENCE IS MADE to that certain contract for service (the "Contract") captioned above, to which this addendum (this "Addendum') is attached and hereby made a part for all purposes. The parties to the Contract and this Addendum hereby acknowledge, agree to and adopt the following provisions, to be effective as of the effective date of the Contract, to the same extent as if the provisions hereof were specifically set forth in the Contract Defaod j,§• (A) Contractor. The party cited above as "Contractor," who is also a parry to the Contract. (B) Manager: Transwestem Property Company, the property manager engaged by the Owner or Asset Manager to manage the Property. (C) Asset Manager: The asset management company, if any, engaged by the Owner to act as asset manager for the Property. (D) Owner: The person or entity which owns and holds legal title to the Property. (E) Property: no property, or collectively the properties, cited above, to which Contractor's services under the Contract relate. (f) Other defined terns: All other terms capitalized but not defined in this Addendum shall have the meanings assigned to them in the Contract. IL Contractor's Indemijl . (A) Notwithstanding any provision of the Contract to the contrary, Contractorhereby agrees to defend, Indemnify, and hold Manager, Asset Manager and Owner, their respective offeers, directors, shareholders, agents, affiliates, employees and Independent contractors (collectively the "Indemnitees"), harmless from all suits, liabilities, claims, demands, or causes of action, of any kind, including Investigation costs, court costs, litigation expenses, and reasonable attorney's fees arising from or incidental to the services contemplated under the Contract or this Addendum, Including but not limited to: v:wuanowawrwemvrna.smsenr_noo.oa w.. w,em FVC!—GRRDEN GROVE TE2908-0050 L1c4 18'00 1252 No.007 P.Is (1) any claim for worker's compensation benefits, salaries, employment tazes, benefits, pensions, or assessments by or Injury to or death of any employee of Contractor and any subcontractor and/or Independent contractor of Contractor (and any employee of any such subcontractor and/or independent contractor), whether caused by the negligence of Contractor, subcontractor and/or independent contractor of Contractor, or the unngence of any Indemnitee, Including any claim or action by the representatives or beneficiaries of such employee who is deceased, or by the Worker's Compensation Carrier of the Contractor, subcontractor or independent contractor; (2) all claims In favor of any persons) or entity (I") (including any Indemnitee) on account of damage to property, personal injuries, bodily hij arias or denth, by reason, in whole or in part, of any: (a) act or alleged act of; (b) omission of; (c) negligence of; (d) willful misconduct of; (e) breach of any or all of the terms of the Contract or this Addendum by; or (1) action which is not permitted by or pursuant to the provisions of the Contract or this Addendum, taken by or on behalf of Contractor, Its subcontractors and/or Independent contractors, or anyone directly or indirectly employed by Contractor or under the control of Contractor, Including when p) the basis of such claim is alleged to be caused by the negligence of any Iudomaitee, or is alleged or is actually caused by the concurrent negligence of any Indemaitee and Contractor, or when the basis of Iademuitees negligence fi alleged or determined to result from the act of hiring the Contractor and/or (ii) such claim arises from concurrent claims against Contractor, its subcontractors, independent contractors, or anyone directly or indirectly employed by or under the control of Contractor; (3) Contractor's failure to adequately effect and maimmin the types and levels of insurance required of Contractor under this Addendum or failure to require and assure that Contractor's subcontractors and/or independent contractors effect and maintain the types and levels of insurance required of subcontractor under this Addendum; (4) Contractor's failure to obtain all necessary waivers of subrogation as set out under this Addendum. (B) Contractor will be responsible for its own work and all work of every description done or used In connection with the Contract, and hereby specifically and distinctly assumes all risks of damage or injury from whatever cause to property or persons used or employed in connection with such worn, and all damages or injury to property or persons wherever located resulting from any action or operation under the Contract or in connection with such work (C) This Indemnification Khali not be limited to damages, compensation or benefits payable under insurance policies, workers' compeosadoo act, disability benefit acts or other employees' benefit acts. p �SWAPRCONIaACNmlVle6.alDVVBR nnn,oOC w+. 4116q] FPM, CAP,IIEN GROVE TEL:903-0030 Oct 18'00 12:53 No.007 P.16 (D) To the extent that the Contract attached hereto contains Indemnification of either party by the other, or any such party, such Indemnification provisions are void ..it the indemnity provisions herein supersede all other Indemnity provisions. The Indemnification provisions of this section will survive the termination or expiration of the Cantract, with respect to hay claim arising as the result of events occurring during the effective term of the Contract. (E) Subject to and under the indemnlfication provisions herein, Contractor will defend Iudemulteve until the dispute or claim is settled or a Judgement rendered. At that time the Indemnitees shall reimburse Contractor, based upon their respective portion of the comparative negligence of all damages, losses, expenses and dcfenae costs, unless such negligence is determined to have been directly and proximately caused to be the negligence of Iademaitem to hiring Contractor to provide services under this Agreement Indemnitees portion of comparative negligence shall be decided by the Trier of Fact or an independent arbitrator agreed upon by Contractor and Indemnitees. III. Contractor's Insurance. Notwithstanding any provision of the Contract to the contrary, Contractor, at its sole cost and expense, shall at all times during the term of the Contract Carry and maintain the following insurance coverage with insurance companies authorized to do business within the State of California, with a minimum A.M. Best rating of "A" Before wmmoncing work, Contractor shall furnish Manager with certificate(s) of said insurance policy or policies and stall assume responsibility for placement and renewal of all such policies. (A) Commercial general liability insurance, on an occurrence form, adequate to protect the interest of the parties berate; shall name Manager, Asset Manager and Owner as additional insureds; and shall be the primary liability insurance for all claims or liabilities arising from, or incidents! to this Contract. General liability risks end key exposures to be covered shall include, but not be limited to, the promises and Contractor's operations in connection with the Property, blanket contractual, personal injury, and completed operations. The limits of each policy shall be not less than One Million Dollan ($19000,0(10.00) and Two Militia ($2,000,000.00) per occurrence for bodily injury, personal injury and property damage; (B) Automobile liability insurance, including bodily injury and property damage combined; in an amount not less than One Million Dollars ($4000,000.00) each occurrence; which shall time the Owner, Asset Manager and Manager as additional insureds as to the liabilities arising from the actions of the Contractor, or its agents, employees or subcontractors; and shall be primary and not excess over any liability policy carried by Owner, Asset Manager or Manager; (C) Worker's Compensation insurance in full compliance with all applicable state and federal laws and regulations covering all employees of Contractor. Coverage shall include employer's liability insurance in an amount of not less than $500,000. Such policy shall contain a waiver of subrogation as to the Owner, Asset Manager and Manager; (D) Umbrella liability insurance written on an occurrence form; providing coverage in an amount of not less than Two Million Dollars ($2,000,000.00). Such insurance shall be in ovxuenmarn„c�urnr,a,emauas,wa.00c r.... onw, FPM-bHKgEN blKLJVE IEL:903-0030 Oct 18'00 12:54 No.007 P.17 excess of all liability coverages required herein and shall name the Owner, Asset Manager and Manager as additional insureds. To the extent that the Contractor employs, utilizes or contracts with subcontractors and/or independent contractors for some or all of the services to be provided hereunder and pursuant to the Contract, the Contractor shall require such subcontractors and/or independent contractors to comply with the same insurance roquirements as set forth in Section III of this Addendum. N, Coriflict. In the event of a conflict between the terms of the Contract olid of this Addendum, the provisions of this Addendum shall prevail. V. Separability. The invalidity or unenforceability of any provision of this Addendum shall not affect the validity or enforceability of any other provision hereof. IMC= on the dates set forth below, to be effective contemporaneously with the Contract. Date: By;(! -fin Date: P::�9a19aeK01Ir9�1CNaAYl�.9TM8tnK,AonDOL Rw.9l�bV1 By: Transwestem Property Company West, L.L.C. , dba Transwestem Commercial Services, as authorized property manager for VOIT CAL PARTNERS I: &.III LLC Name: James Estrada Title: VP, OC Regional Manager CONTRACTOR: MC CLAW ROOFING, INC Name: Kevin McClain Title: Pmsident Manager Approval 21— P FPM-GRRr)FN GROIiE IEL:Kz3-0030 FILE No.170 09A8 '00 16:58 ID:VDIT DEVELOPrLNT ,r ;PIA-GARDEN GROVE 1hL:7llruu Ja CIA CJI 12812 Vnllay View 6t. #33 Gerdan Grove A 0 0 �' A S TELC211L `iia) 92846 .1 U - Ina. PAX (714) 087.8764 Wo. No, 03601a f6(-Ll10\--�57.1I 6'2- July 2 July 11, ;000 W. "7nshurtc Volt Davelopmant Co. 15 Corponto Placa, suite 260 Newport Beach, Ca 92660 Ra: I.W.C. Bnvlrcnmdeml 290 P4444no Avenue Can Masa, Ce We propose: 2 ar iiAcatror - GM SpooiBoarion #N.B4Nf Oct 18'00 1254 N0.007 F.18 FRX:9496448696 PAGE 4, 5 VOIT CAL-ISN-1Clncx Exhibit "B" Page 1 of 1 1) Remove wxl8ting roar svatam down to dock, hauling debris to a Placa of refuse. 1) Broom otoan deck, impeot for damago/ dryrot. I£fuund replan, as nodded, Wtln new 12" plywood @ added oost of 550,00 per 4'x 8t Shoot, 3) Over lnsperxed dedr in6[ell one layer o�rosin sheathing papa. Raquirwd'oy city building codes of city inspoctors. 4) Ininall one l oyer of base shwr, mechanically attaohed 5) land = plias of 114 Giu4vintbrcad ply felr. Hach ply set into a full mopping or hot asphalt at the rate of 25# - 30# pdr 100 sq. $. 6) L454111 one layer of eapsheet, white granulated, Each roll sot into a full mopping of hot aePbalt with a mirdtnum of 2" side and 6" std laps. 7)13arapm walla/ oulee: Install new cent Strip at bar., install protective layer of felt over cent sMp, inaall capahaer to aovar walld curb¢ Set into hot eaphalt. Y.iainforcc tap of parapot Wells with mechanical fasteners for added scoumment. 8) Pumish and install new metal drip edge at perimeter, AS needed. 9) Furl ah and install new metal pipe flashings, V.T.R. 60 I� /jet FPM -GARDEN GROVE TEL:903-0030 FILE N0.170 09/08 '00 1553 ID:VOIT DEVELCVpW ..FRM-GARDEN GROVE TEL;903-00SV Oct 18'00 12:55 No.007 P.19 FAX:9496448695 PAGE 6� E cep w .. ..,.... ... .--. . .., VOIT CAL—RN-101MCR EXHIBIT "B" PAGE 2 OF 2 r 14av¢ prendnu in a unt =d orderly vmdidon, ' Provide oorti5wtw &Jnsarunna, Work=Camp, and liability, Our eetuuate for We work Sa an We think you far thio opportunity, end ad)I ho evaHaMe to wmw e y quo Dow You may have. /��/baa O'Hailay b Moo