Agreement - OM Roofing — Redondo Beach City Council, February 6, 2024

AGREEMENT FOR PROJECT SERVICES

BETWEEN THE CITY OF REDONDO BEACH
AND OM ROOFING INC.

THIS AGREEMENT FOR PROJECT SERVICES (this "Agreement”) is made between the City of Redondo Beach, a chartered municipal corporation ("City") and OM Roofing Inc., a California corporation (“Contractor" or “Consultant”).

The parties hereby agree as follows:

A. Description of Project or Scope of Services. The project description or scope of services to be provided by Contractor, and any corresponding responsibilities of City or services required to be performed by City are set forth in Exhibit "A”.

B. Term and Time of Completion. Contractor shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".

C. Compensation. City agrees to pay Contractor for work performed in accordance with Exhibit "C”.
* * * * *

GENERAL PROVISIONS

1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Contractor shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.

3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Contractor shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials 2 shall be specific for the project herein and shall not be used by the City for any other project without Contractor's consent. Notwithstanding the foregoing, Contractor shall not be obligated to assign any proprietary software or data developed by or at the direction of Contractor for Contractor's own use; provided, however, that Contractor shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.

4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.

Inspections by the City shall not relieve or minimize the responsibility of Contractor to conduct any inspections Contractor has agreed to perform pursuant to the terms of this Agreement. Contractor shall be solely liable for said inspections performed by Contractor. Contractor shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Contractor hereunder.

5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C”, the City in its sole discretion may, upon notice to Contractor, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. City shall furnish Contractor, to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Contractor's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Contractor.

6. Records. Contractor, including any of its subcontractors, shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Contractor, including any of its subcontractors, shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Contractor's completion of performance of this Agreement. Copies of all pertinent reports and correspondence shall be furnished to the City for its files.

7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be performed and paid for in accordance with the following:

Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may 3 authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the written authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Contractor shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Contractor and the City.

8. Additional Assistance. If this Agreement requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.

9. Professional Ability. Contractor acknowledges, represents and warrants that Contractor is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement.

Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession.

10. Business License. Contractor shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.

11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. In the event of any such termination, Contractor shall be compensated for: (1) all 4 authorized work satisfactorily performed prior to the effective date of termination; and (2) necessary materials or services of others ordered by Contractor for this Agreement prior to Contractor’s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by the City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.

12. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages, if any, sustained by the City by virtue of Contractor's breach of this Agreement.

13. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Contractor further acknowledges, represents and warrants that Contractor has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.

14. Indemnity. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively “Indemnitees”) from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Contractor’s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its 5 failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees’ active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782(b). Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.

15. Insurance. Contractor shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.

16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.

17. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws. a. Acknowledgement. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours 6 per day at not less than 11/2 times the basic rate of pay. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Labor Code Sections 1810, 1813 and 1815, and Contractor shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Contractor shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit “E”, which is attached hereto and incorporated by reference.

18. Limitations upon Subcontracting and Assignment. Contractor acknowledges that the services which Contractor shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Contractor, Contractor shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Contractor and subcontractor. Any attempt by Contractor to assign any or all of its rights under this Agreement without first obtaining the City’s prior written consent shall constitute a material default under this Agreement.

The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Contractor or twenty-five percent (25%) or more the voting control of Contractor (whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.

Further, the involvement of Contractor or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Contractor’s assets occurs, which reduces Contractor’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
7 19. Subcontractors. Contractor shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Contractor shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.

20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the exhibits to this Agreement.

21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.

22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Contractor.

23. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.

24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Contractor, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.

25. Time of Essence. Time is of the essence of this Agreement.

26. Confidentiality. To the extent permissible under law, Contractor shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.

27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."

28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
8 29. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs.

This provision shall survive the termination of this Agreement.

30. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.

31. Interpretation. Contractor acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.

32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

Contractor shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.

33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.

34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Contractor.

35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.

SIGNATURES FOLLOW ON NEXT PAGE
9 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 6th day of February, 2024.

CITY OF REDONDO BEACH, OM ROOFING INC.,
a chartered municipal corporation a California corporation

_____________________________ By: _______________________ William C. Brand, Mayor Name:_______________________
Title: _______________________
ATTEST: APPROVED:
_____________________________ _____________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
_____________________________
Michael W. Webb, City Attorney
Becky Brown
CEO/President
10 EXHIBIT "A"

SCOPE OF SERVICES
CONTRACTOR’S DUTIES
Contractor shall furnish all labor, equipment and materials to replace the roof at the Redondo Beach Police Substation as described herein.

A. ROOF REPLACEMENT AND ROOF RECOVER

1. Clean and remove all dirt and debris from the roof deck.

2. Remove all synthetic roof tiles and sheet metal on the steep-sloped roof section and parapet wall.

3. NOTE: Removal of all Heating Ventilation Air Condition (“HVAC”) equipment will be done by other parties.

4. Remove and replace all exposed plywood on the inside of the wall.

5. As required, remove and replace all damaged plywood sheathing on a time and material basis which is over and above the base contract price as a change order.

6. On the low-sloped roof area, mechanically attach a new GAF EverGuard Thermoplastic Olefin (“TPO”) Fleece-Back 115 roof membrane with fasteners and plates, heat-air welding the roof seams over the existing built-up roofing system.

7. Fully adhere a new GAF EverGuard TPO Fleece-Back 115 roof membrane using adhesive up and over the parapet wall.

8. Install new TPO clad metal on top of the parapet wall and roof in per GAF’s guidelines and specifications, which are attached to this Exhibit "A" as Attachment “A-1."

9. Ensure all pipe penetrations, roof drains, curbs, and other penetrations are roofed in accordance with GAF’s specifications.

10.Mechanically attach new GAF Tiger Paw roof underlayment over the steepsloped roof area.

11.Install new 22-gauge Kynar coated edge metal and base wall flashings.

12.Install new GAF starter shingles.

13.Install new GAF Timberline High Definition RS Shingles. Color to be determined.

14.Install new GAF ridge shingles.

15.Keep the jobsite clean on a daily basis.

16.Dispose of all debris resulting from the roofing work.

B. CUSTOM CAP COVERS

1. Install new 22-gauge galvanized custom cap covers and the ends on all beam overhangs.

2. Keep the jobsite clean on a daily basis.

3. Dispose of all debris resulting from the work described herein. 11 C. SCAFFOLDING

1. Install scaffolding as detailed in the photo marked in red, appended to this Exhibit “A” as Attachment “A-2”.

2. Keep the jobsite clean on a daily basis.

3. Dispose of all debris resulting from the work described herein.

D. WARRANTIES
Upon 100% completion of the work described herein, issue the warranties listed below in substantial conformance with those outlined in Attachment “A-3”.

1. A five year Contractor warranty for labor and materials covering Single-Ply, Shingles, and Cap Covers.

2. A GAF 20-year manufacturer warranty for the EverGuard TPO Fleece-Back 115 material.

3. A GAF Roofing System Limited Warranty for Shingles.

E. BONDS
Execute and notarize a Performance Bond and a Payment Bond in substantially the same form as Attachments “A-4” and “A-5”.

F. OTHER CONDITIONS

1. Notice: Provide a minimum of 3 days' notice to the City before commencing work and daily updates on any schedule changes.

2. Permits: Obtain building permits for the performance of the work described in this Exhibit “A”.

3. Safety: Ensure all crew members shall comply with all fire and safety regulations recommended by OSHA, NRCA, and other industry standards, and local governmental groups.

4. Contractor’s License Number
Maintain a valid contractor’s license in California. Currently, Contractor’s license number is 843668.

G. EXCLUSIONS
Except as described above, the following are excluded:

1. Carpentry

2. Decking, Deck Replacement and Crickets

3. Sheet Metal, Gutters and Downspouts

4. Plumbing

5. HVAC/mechanical

6. Painting

7. Structural Calculations

8. ACM, asbestos removal, demolition and tear-off

9. Temporary roofing

10.All other work not specified in the above scope of work. 12 ATTACHMENT “A-1”

GAF GUIDELINES AND SPECIFICATIONS
See the attached guidelines and specifications.

Redondo Beach Police Pier Sub-Station
100 W Torrance Blvd
Redondo Beach, CA 90277
GAF Design Services Project # PD-00029211

TABLE OF CONTENTS
Who is GAF Letter
Contractor/System Certification Letter
Section I
Technical Data Sheets
EverGuard® TPO Fleece-Back Membrane 115 mil
EverGuard® TPO 60 mil Membrane
EverGuard® TPO Accessories
EverGuard® TPO Adhesives, Primers and Sealants
EverGuard® TPO Quick Spray Adhesive LV50
Drill-Tec™ #14 Fasteners
Drill-Tec™ Plates
Section II
Safety Data Sheets
EverGuard® TPO and Accessories
EverGuard® TPO Adhesives, Primers and Sealants
EverGuard® TPO Quick Spray Adhesive LV50
Drill-Tec™ Fasteners
Drill-Tec™ Plates
Section III
Warranty Sample
EverGuard® Diamond Pledge™ NDL Roof Guarantee
Section IV
Design Services
About Us
As a Standard Industry Company, GAF is part of the largest roofing and waterproofing business in the world. Standard Industries is a global organization focused on building materials with businesses that range from roofing and waterproofing to industry changing solar solutions, business real estate and investment platforms. Other Standard brands include GAF Energy, BMI, Schiedel, SGI, Siplast, 40 North and Winter Properties.

We Protect What Matters Most
GAF manufactures and sells roofing materials for residential and commercial roofing applications. We began as The Standard Paint Company in 1886 and innovation is deeply rooted in our history:
 In 1892, we introduced the first asphaltic roll roofing product.  In 1967, we created the first laminated shingle, the Timberline® Shingle which went on to become North America’s best-selling shingle.
 In 2010, we developed the first solar grade TPO membrane to drive performance, as roofing membranes became expected to do more than just shed water.  In 2011, we were the first roofing manufacturer to offer a Lifetime Limited Warranty on all of its laminated shingles.

These are just a few examples of the innovation GAF has contributed to the roofing industry. The GAF culture is driven through innovation and commitment to our customers.

A Leader in the Roofing Industry
GAF’s annual revenues exceed $3 billion dollars. The company employs over 3,700 people and has 34 plants domestically. Corporate headquarters is located in Parsippany, NJ, with numerous regional sales offices across the county. GAF Canada is headquartered in Toronto.

In Choosing GAF
 Know that 1 in 4 homes in the US are protected by a GAF roof.  With a deep, broad range of product offerings we have technology options that assure the best choice for your application. Whether it’s low slope, steep slope, new construction, tear off, recover or restoration, talk to GAF first.
 We are committed partners in the communities where we live and work. o We leverage our people, products and funds in three key social impact priorities.  Disaster Resiliency, Helping Neighbors and Building Communities Thank You!
The entire team is dedicated to supporting your needs, with Territory Managers and Field Services Inspectors based locally and centralized Technical and Submittal Support teams in place. Questions? Design Services
877-423-7663 option 4, option 3
[email protected]
Design Services
Design Services | 1 Campus Drive, Parsippany, NJ 07054 | Toll Free 877.423.7663 | gaf.com January 19, 2024
OM Roofing Inc
18000 Studebaker Rd Ste 700
Cerritos, California 90703
Subject: System Certification
Project: Redondo Beach Police Pier Sub-Station
100 W Torrance Blvd
Redondo Beach, CA 90277
Project Identifier: PD-00029210
Quote Number: QUO-61702-8ASAM1 – 1
To Whom It May Concern:

Please allow this letter to confirm that the contractor listed above is a GAF Master Roofing Contractor for Asphaltic and Single-ply Roofing Systems and is eligible to obtain the guarantee listed below.

The GAF roofing specification as listed below is eligible to obtain a 20 year EverGuard® Diamond Pledge™ NDL Roof Guarantee provided all current GAF application requirements are followed and guarantee procedures are met.

TMARN115FB - 1/2" Plywood Deck (Aged) Granulated Asphaltic  A moisture survey is strongly recommended, and in some circumstances, required to identify all wet areas. Take test cuts to verify existing roof construction and condition.  Remove any loose gravel, dirt and debris from the existing surface.  Inspect existing insulation and remove and replace any materials that are damaged or contain moisture. Remove all existing flashing materials.
 Existing materials and any unforeseen issues are excluded from the GAF Guarantee.  Where insulation or roof membrane is to be adhered directly to the existing roof, an adhesion test is required to ensure substrate and adhesion quality.

The above listed roofing system is based on GAF guarantee requirements and is not intended to modify, negate, or alter any requirements specified by the design professional, local building codes, or others.

If you have any further questions, please contact us at 877-423-7663 (Option 4, Option 3). Thank you for choosing GAF.

Sincerely,
Melissa Vaughan
Melissa Vaughan
Senior Design Service Specialist
EverGuard® TPO Fleece-Back Membrane: Install EverGuard® TPO Fleece-Back Membrane 115 mil using Drill-Tec™ #14 Fastener fastened with Drill-Tec™ 2 3/8 in. Barbed XHD Plate, fastened 12” o.c. within the 6” wide laps, spaced 114" o.c., and sealed with a 1.5” heat weld. Half sheets are required at the perimeter, please refer to the table in the current specification manual or applicable version of ASCE for proper half sheet calculations and requirements. *For decks less than 3/4", fastener spacing is based on a minimum 400 lbf fastener pull out value. Max building height is 40' Exposure B or 30' Exposure C. Building must be enclosed in a non-special/high wind region. For buildings exceeding these specifics, contact GAF Design Services. 13 ATTACHMENT “A-2”

SCAFFOLDING PHOTO
The scaffolding photo is attached.

14 ATTACHMENT “A-3”

WARRANTIES
See the attached warranties.

GAF
1 CAMPUS DRIVE
PARSIPPANY, NJ 07054
Visit gaf.com We protect what matters most
™
Limited Warranty
on GAF Single-Ply Roofing Materials
©2023 GAF • COMTS715-0323

1. Improper workmanship in applying the Products or any other roof component.

2. Lack of roof maintenance.

3. Unusual weather conditions or natural disasters, including, but not limited to, wind in excess of 55 miles per hour, hail, floods, hurricanes, lightning, tornadoes, and earthquakes.

4. Damage due to (a) movement or cracking or other failure of the roof deck or building; (b) improper installation or failure of any materials used in any roof base or insulation or materials other than the Products; (c) infiltration or condensation of moisture through the walls, copings, building structure, or surrounding materials; (d) expansion or contraction of any counterflashing or metal work; (e) chemical attack on the Products including, but not limited to, exposure to grease and oil; (f) exposure to sustained high-temperature conditions as defined in the applicable GAF Overview & General Requirements Manual; (g) use of materials that are incompatible with the Products; or (h) architectural, engineering, or design defects or flaws.

5. Changes in the use of the building unless approved in writing in advance by GAF.

6. Installation of the Products over cold storage or freezer buildings or buildings with high humidity conditions, unless installed in strict accordance with GAF Cold Storage Roofing Requirements for TPO and PVC.

7. Any change in the color of the Products, including, but not limited to, fading.

8. For any Products without heat-welded seams, conditions that prevent positive drainage or areas of roof that pond water.

9. Any condition that is not in strict accordance with GAF published application instructions.

THE WARRANTY
GAF warrants to you that the GAF roof membrane and base flashing material (the “Products”) will not leak as a result of a manufacturing defect for the period noted below so long as the Products are installed in accordance with the applicable published application instructions.

WHO IS COVERED BY THIS LIMITED WARRANTY; NON-ASSIGNABILITY You are covered by this limited warranty if (a) you are the installer of the Products and the installation is ongoing or (b) you are the original owner of the property on which the Products are installed and the installation is complete.

This limited warranty is NOT TRANSFERABLE OR ASSIGNABLE by contract or by operation of law, either directly or indirectly.

EXCLUSIVE REMEDY
In the event of a leak caused by a manufacturing defect during the warranty term stated below, the sole responsibility of GAF is to provide replacement Products for that portion of the Products that leak as a result of a manufacturing defect or, at the sole option of GAF, the cash value of said Products. Decisions as to the extent of replacement Products required will be made solely by GAF. The remedy under this limited warranty is available only for that portion of the Products actually exhibiting manufacturing defects at the time of settlement. The replacement Products, as well as any remaining Products, will be warranted only for the remainder of the original warranty period. Repair or replacement of the roof deck or materials other than the Products is NOT included. GAF MAXIMUM LIABILITY during the first year of this limited warranty is the original cost of the Products only. After the first year, GAF maximum liability is the original cost of the Products used on the roof reduced to reflect the amount of use you have received from your roof less any costs previously paid by GAF under this limited warranty. The amount of use will be calculated by dividing the number of months which have elapsed since installation by the number of months in the warranty term.

NOTIFICATION OF CLAIM
In order to report a claim you MUST notify GAF in writing — either online at gaf.com/contact, by email at [email protected], or by postal mail to GAF Warranty Claims Department, 1 Campus Drive, Parsippany, NJ 07054 — and provide proof of purchase and proof of application date (and for original owners, proof that you own the subject property) within 30 days after your discovery of the leak. NOTE: Notice to your contractor or distributor is NOT notice to GAF. Within a reasonable time after proper notification, GAF will evaluate your claim and resolve it in accordance with the terms of this limited warranty. GAF may require you to submit, at your expense, photographs of the reported problem and samples of your Products for testing. You should retain this document as well as the proof of purchase for your records in the event that you need to file a claim.

EXCLUSIONS FROM COVERAGE
This limited warranty does NOT cover conditions other than leaks or leaks caused by any of the following:

No representative, employee, or agent of GAF, or any other person, has the authority to assume any additional or other liability or responsibility for GAF unless it is in writing and signed by an authorized GAF Field Services Manager or Director.

LIMITATIONS OF DAMAGES; MEDIATION; JURISDICTION

THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, and of any other obligations or liability of GAF, whether any claim against it is based upon negligence, breach of warranty, or any other theory. In NO event shall GAF be liable for any CONSEQUENTIAL OR INCIDENTAL DAMAGES of any kind, including, but not limited to, interior or exterior damages and/or mold growth.

The parties agree that, as a condition precedent to litigation, any controversy or claim relating to this warranty shall be first submitted to mediation before a mutually acceptable mediator unless GAF, at its sole option, elects to waive said requirement. In the event that mediation is unsuccessful or is waived by GAF, the parties agree that neither one will commence or prosecute any lawsuit or proceeding other than before the appropriate state or federal court in the State of New Jersey. Each party irrevocably consents to the jurisdiction of the above identified courts.

NOTE: Some states do not allow limitations on or the exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights and you may also have other rights which vary from state to state.

EFFECTIVE DATE
This limited warranty is effective for Products installed within the United States, Canada, and Mexico after March 1, 2023.

WARRANTY TERM
The following products qualify for the warranty term noted:

TPO PRODUCT NAME TERM
EverGuard® TPO 45 mil Membrane 15 Years
EverGuard® TPO 60 mil Membrane* 20 Years
EverGuard® TPO 80 mil Membrane* 25 Years
EverGuard Extreme® TPO 50 mil Membrane 20 Years
EverGuard Extreme® TPO 60 mil Membrane* 25 Years
EverGuard Extreme® TPO 70 mil Membrane* 30 Years
EverGuard Extreme® TPO 80 mil Membrane* 35 Years
EverGuard® TPO Fleece-Back Membrane 100 15 Years
EverGuard® TPO Fleece-Back Membrane 115 20 Years
EverGuard® TPO Fleece-Back Membrane 135 25 Years
EverGuard SA TPO 60 mil Membrane 20 Years
*If these materials are installed on a single-family detached residence owned by individuals, you may be eligible for coverage under the Lifetime Residential Single-Ply Limited Material Warranty. See gaf.com for complete coverage and restrictions.

PVC PRODUCT NAME TERM
EverGuard® PVC 50 mil Fleeceback Membrane 15 Years
EverGuard® PVC 60 mil Fleeceback Membrane 20 Years
EverGuard® PVC 80 mil Fleeceback Membrane 25 Years
EverGuard® PVC 50 mil Membrane 15 Years
EverGuard® PVC 60 mil Membrane 20 Years
EverGuard® PVC 80 mil Membrane 25 Years
EverGuard® PVC XK 50 mil Membrane 20 Years
EverGuard® PVC XK 60 mil Membrane 25 Years
EverGuard® PVC XK 80 mil Membrane 30 Years

Congratulations! Thank you for purchasing asphaltic shingles and accessories (the “GAF Roofing System”) from GAF, North America’s largest roofing manufacturer — your best choice.

While many factors can affect how long your GAF Roofing System will last, this GAF Roofing System Limited Warranty covers your asphaltic shingles and accessories, including GAF Ridge Cap Shingles, GAF Starter Strip Shingles, GAF Leak Barrier Products, GAF Roof Deck Protection Products, and GAF Cobra® Attic Ventilation Products (the “GAF Products”), in the unlikely event that they contain a manufacturing defect. It provides great coverage that is “non-prorated” during the crucial up-front period of your ownership (the “Smart Choice® Protection Period”) with continued coverage for extended periods of time afterwards. Note: This limited warranty does not cover low-slope membranes or Master Flow® Ventilation Products. Please go to gaf.com for a copy of the limited warranties covering these products.

Eligibility Requirements for This Limited Warranty
In order to qualify for this limited warranty, you must meet the following eligibility requirements:

1. Install Required Products: You must install GAF Asphaltic Roofing Shingles which carry a Lifetime† limited warranty term and at least three (3) qualifying GAF Accessory Products (GAF Roof Deck Protection, GAF Starter Strip Shingles, GAF Ridge Cap Shingles, GAF Leak Barrier, and GAF Cobra® Attic Ventilation Products). In order to qualify for WindProven™ Limited Wind Warranty coverage, you must install GAF LayerLock®-labeled Asphaltic Roofing Shingles and at least four (4) qualifying GAF Accessory Products, including GAF Ridge Cap Shingles, GAF Starter Strip Shingles, and a GAF Roof Deck Protection Product, plus your choice of either a GAF Leak Barrier Product or GAF Attic Ventilation Product. Visit gaf.com/LRS for a complete list of qualifying GAF Shingles and Accessory Products.

2. Documentation: You must retain proof of purchase which shows the date the GAF Asphaltic Roofing Shingles and qualifying GAF Accessory Products were installed.

If you do not qualify for this limited warranty, your GAF asphaltic shingles and accessories are covered by the GAF Shingle & Accessory Limited Warranty in effect at the time of installation.

Please go to gaf.com for a copy of that limited warranty.

How Long Your Warranty Lasts
™GAF Shingles
Manufacturing Defect Coverage Wind Warranty Coverage Algae Warranty Coverage Limited
Warranty Term
Smart Choice®
Protection Period**
Limited
Warranty Term
Wind Speed Coverage
(mph / km/h)
Limited
Warranty Term
Smart Choice®
Protection Period**
LayerLock®-labeled
Timberline® Shingles
Lifetime† 10 Years 15 Years WindProven™ Limited
Wind Warranty***:

No maximum wind speed
For all other installations:

With Special Installation****:
130 / 209
Without Special Installation****:
110 / 175
StainGuard
Plus PRO™:
30 Years
StainGuard
Plus™:
25 Years
StainGuard®:
10 Years
StainGuard Plus
PRO™ and
StainGuard Plus™:
10 Years
StainGuard®:
1 Year
All Other GAF Lifetime†
Shingles
Lifetime† 10 Years 15 Years With Special Installation****:
130 / 209
Without Special Installation****:
110 / 175
StainGuard
Plus™:
25 Years
StainGuard®:
10 Years
StainGuard
Plus™:
10 Years
StainGuard®:
1 Year
GAF Ridge Cap Shingles
Manufacturing Defect Coverage Wind Warranty Coverage Algae Warranty Coverage Limited
Warranty Term
Smart Choice®
Protection Period**
Limited
Warranty Term
Wind Speed Coverage
(mph / km/h)
Limited
Warranty Term
Smart Choice®
Protection Period**
TimberTex®, Ridglass®,
TimberCrest®
Lifetime† 10 Years 15 Years With Special Installation****:
130 / 209
Without Special Installation****:
110 / 175
StainGuard
Plus™:
25 Years
StainGuard
Plus™:
10 Years
Seal-A-Ridge® ,
Seal-A-Ridge® AS
Lifetime† 10 Years 5 Years 90 / 144 StainGuard
Plus™:
25 Years
StainGuard
Plus™:
10 Years
Z® Ridge
Lifetime† 10 Years 5 Years With Special Installation****:
90 / 144
Without Special Installation****:
70 / 112
StainGuard
Plus™:
25 Years
StainGuard
Plus™:
10 Years
GAF Starter Strip Shingles
Manufacturing Defect Coverage Wind Warranty Coverage Algae Warranty Coverage Limited
Warranty Term
Smart Choice®
Protection Period**
Limited
Warranty Term
Wind Speed Coverage
(mph / km/h)
Limited
Warranty Term
Smart Choice®
Protection Period**
StarterMatch®
Lifetime† 10 Years No coverage No coverage StainGuard
Plus™:
25 Years
StainGuard
Plus™:
10 Years
Other GAF Accessories Manufacturing Defect Coverage Wind Warranty Coverage Algae Warranty Coverage All Other GAF Accessory
Products*
Lifetime† 10 Years No coverage No coverage
†Definition of Lifetime: The word “Lifetime” means as long as you, the original owner(s) [or the second owner(s) if coverage was properly transferred during the Smart Choice® Protection Period], own the property where the GAF Roofing System is installed. The Lifetime warranty is applicable only to GAF Roofing Systems installed on single-family detached residences owned by individuals. For any other type of owner or building, such as a corporation, governmental entity, religious entity, condominium or homeowner association, school, apartment building, office building, or multi-use structure, the length of the warranty is 40 years. *GAF Accessories Covered under This Limited Warranty Include: GAF Ridge Cap Shingles, GAF Starter Strip Shingles, GAF Leak Barrier Products, GAF Roof Deck Protection Products, and GAF Cobra® Attic Ventilation Products.
**Smart Choice® Protection Period: refers to the crucial period of time following installation of the GAF Roofing System during which the coverage provided for in this limited warranty is non-prorated. After the Smart Choice® Protection Period specified above, the remedy provided for in this warranty may be different than that provided for during the Smart Choice® Protection Period, and any remedy will be reduced to reflect the use you have received from your GAF Roofing System. ***WindProven™ Limited Wind Warranty requires installation of LayerLock®-labeled shingles using 4 nails per shingle, and at least four (4) qualifying accessories. See details above. ****Special Installation: Your GAF LayerLock®-labeled shingles will be covered up to the maximum wind speed above ONLY if installed using 4 nails per shingle and you have GAF Starter Strip Products installed at the eaves and rakes. Special Installation for all other GAF Shingles requires use of 6 nails per shingle and GAF Starter Strip Products installed at the eaves and rakes. Your GAF Ridge Cap Shingles will be covered up to the maximum wind speed above ONLY if your ridge cap shingles are installed in strict accordance with the “Maximum Wind Speed Coverage Under Limited Warranty” section of the applicable ridge cap shingle application instructions.

Who Is Covered by This Limited Warranty; Transferability You are covered by this limited warranty if you live in the United States or Canada and are the original property owner (i.e., not a builder or installer) or the first subsequent owner if this warranty was properly transferred.

This limited warranty may be transferred only once. The second owner must notify GAF in writing within one year after the property transfer for warranty coverage to be transferred. (Other than this one transfer, this warranty may not be transferred or assigned, directly or indirectly.) If the transfer takes place within the Smart Choice® Protection Period, the second owner is entitled to the same coverage as the original owner. If the transfer takes place afterwards, the length of this warranty shall be reduced to the two-year period after the ownership changes.

If there is a defect during this two-year period, GAF’s reimbursement to the second owner will be based only on the reasonable cost of replacement shingles or applicable accessories, reduced by the amount of use that has been received from the shingles or applicable accessories from the date of installation through the date of claim.

Manufacturing Defects: What Is Covered/Sole and Exclusive Remedy GAF Warranty Company, LLC, a subsidiary of GAF, warrants that your GAF Roofing Shingles will remain free from manufacturing defects that adversely affect their performance during the applicable Smart Choice® Protection Period or that cause leaks for the remainder of the applicable warranty term and that your GAF Accessory Products will remain free from manufacturing defects that adversely affect their performance during the applicable warranty term. Note: Wind Warranty and Algae Warranty are covered separately below. (1) During the Smart Choice® Protection Period: GAF will pay you the full reasonable cost of labor to repair or re-cover any defective GAF Products (excluding non-GAF accessories, metalwork, or flashing) and will provide replacement GAF Products or the reasonable cost of obtaining replacement GAF Products, at GAF’s option. GAF will not pay to tear off your GAF Products, or to dispose of them.
continued on next page
GAF Roofing System
Limited Warranty
We protect what matters most
™
Visit gaf.com
(2) After the Smart Choice® Protection Period: Labor will no longer be covered. GAF’s contribution to you will be based on either providing you with replacement GAF Products, or, at GAF’s choice, reimbursing you for the reasonable cost of replacement GAF Products. The amount of replacement GAF Products or reimbursement provided to you will be reduced to reflect the use you have received from your GAF Products. The amount of use will be calculated by dividing the number of months which have elapsed since installation to the date of claim by the number of months in the warranty term. For a Lifetime†
warranty, the number of months in the warranty term is deemed to be 600 for years 11–40 of the warranty term. For years 41 and beyond of a Lifetime†
warranty, GAF’s contribution is 20%. For example, if you make a claim for Lifetime† Shingles installed on a single-family home after your shingles have been installed for 25 years (300 months), GAF’s contribution will be reduced by 300/600 or 50%.

WindProven™ Limited Wind Warranty: What Is Covered/Sole and Exclusive Remedy This limited warranty is specifically conditioned on your meeting all eligibility requirements, including installation of LayerLock®-labeled shingles, GAF Ridge Cap Shingles, GAF Starter Strip Shingles, and a GAF Roof Deck Protection Product, plus your choice of either a GAF Leak Barrier Product or GAF Attic Ventilation Product, and your LayerLock®-labeled Shingles being fastened and installed strictly in accordance with GAF’s application instructions. For installations which do not meet these eligibility requirements, see Wind Warranty section below. The limited warranty applies only to your LayerLock®-labeled shingles and does not apply to any GAF Accessory Products. GAF warrants to you that your LayerLock®-labeled shingles will not fail to seal, blow off, or sustain damage from winds (including gusts) after they should have sealed but did not due to a manufacturing defect. If your LayerLock®-labeled shingles do fail to seal, blow off, or suffer wind damage, GAF will reimburse you for the reasonable costs of replacing the blown-off or damaged shingles and hand-sealing any unsealed shingles. Costs related to underlayment, metal work, and flashings are not included. GAF’s maximum liability under this paragraph is to reimburse you for the cost of hand-sealing all of the LayerLock®- labeled shingles on your roof.

Wind Warranty: What Is Covered/Sole and Exclusive Remedy This limited warranty is specifically conditioned on your shingles or ridge cap shingles being fastened and installed strictly in accordance with GAF’s application instructions. This limited warranty does not apply to starter strip shingles. GAF warrants to you that your GAF shingles or ridge cap shingles will not fail to seal, blow off, or sustain damage from winds (including gusts) up to the applicable wind speed listed above after they should have sealed but did not due to a manufacturing defect. If your shingles or ridge cap shingles do fail to seal, blow off, or suffer wind damage, GAF will reimburse you for the reasonable costs of replacing the blown-off or damaged shingles or ridge cap shingles and hand-sealing any unsealed shingles or ridge cap shingles. Costs related to underlayment, metal work, and flashings are not included. GAF’s maximum liability under this paragraph is to reimburse you for the cost of hand-sealing all of the shingles and ridge cap shingles on your roof.

Note: All self-sealing shingles and ridge cap shingles, including GAF’s, must be exposed to warm, sunny conditions for several days before they completely seal. Before sealing occurs, shingles and ridge cap shingles are vulnerable to blow-offs and wind damage. Shingles and ridge cap shingles installed in fall or winter may not seal until the following spring. Shingles or ridge cap shingles that are not exposed to direct sunlight or adequate surface temperatures or that are not fastened or installed properly may never seal. Failures to seal, blow-offs, and wind damage under these circumstances result from the nature of self-sealing shingles and ridge cap shingles, not a manufacturing defect, and are not covered under this limited warranty.

Algae Warranty: What Is Covered/Sole and Exclusive Remedy This limited warranty applies only to shingles, ridge cap shingles, and starter strip shingles sold in packages bearing the StainGuard Plus PRO™, StainGuard Plus™ or StainGuard® logos.

GAF warrants to you that blue-green algae (also known as cyanobacteria) will not cause a pronounced discoloration of your StainGuard Plus PRO™-, StainGuard Plus™- or StainGuard®-labeled shingles, ridge cap shingles, or starter strip shingles for the warranty term listed above. If your StainGuard Plus PRO™-, StainGuard Plus™- or StainGuard® Shingles, ridge cap shingles, or starter strip shingles exhibit a pronounced discoloration caused by blue-green algae during the Smart Choice® Protection Period listed above, GAF’s contribution will be either the reasonable cost of commercially cleaning your shingles, ridge cap shingles, or starter strip shingles, or, at GAF’s sole option, replacing discolored shingles, ridge cap shingles, or starter strip shingles. The maximum cost to GAF shall be the lesser of the original cost of the affected shingles, ridge cap shingles, or starter strip shingles or the cost to clean the affected shingles, ridge cap shingles, or starter strip shingles. During the remainder of the limited warranty period, GAF’s contribution to you will be reduced to reflect the amount of use you have received from your shingles, ridge cap shingles, or starter strip shingles since they were installed. The amount of use will be calculated by dividing the number of months which have elapsed since installation to the date of claim by the number of months in the Algae Warranty term.

Note: Preventing pronounced algae-related discoloration of your shingles, ridge cap shingles, and starter strip shingles is achieved through formulations or through unique blends of granules.

What Is Not Covered
Even if your GAF Products were not properly installed according to GAF’s application instructions or to standard good roofing practices, this limited warranty remains in effect. However, GAF will NOT be liable for and this warranty does NOT apply to:
(1) Damage resulting from anything other than an inherent manufacturing defect in the GAF Products, such as:
(a) improper fastening of your shingles or accessories or application not in strict accordance with GAF’s printed application instructions, if the improper installation was the cause of the damage.
(b) settlement, movement, structural damage, or defects in the building, walls, foundation, or the roof base over which the GAF Products were applied. (c) inadequate ventilation.
(2) Damage resulting from causes beyond normal wear and tear, such as:
(a) acts of nature, such as hail, fire, or winds (including gusts) over the applicable wind speed listed above except there is no maximum wind speed restriction for shingles covered by the WindProven™ Limited Wind Warranty.
(b) impact of traffic on the roof or foreign objects, including damage caused by objects blown onto the roof by wind. (c) improper storage or handling of the GAF Products.
(3) Ice damming, except for leaks in the area of your roof deck covered by a GAF Leak Barrier which are caused by a manufacturing defect in your GAF Leak Barrier. (4) Shading or variations in the color of your GAF Products or discoloration or contamination caused by fungus, mold, lichen, algae (except for blue-green algae if your shingles, ridge cap shingles, or starter strip shingles were labeled with the StainGuard Plus PRO™, StainGuard Plus™ or StainGuard® logos), or other contaminants, including that caused by organic materials on the roof.
(5) Labor costs, except as specifically provided for above, disposal costs, tear-off costs, and costs related to underlayments (unless your claim involves a manufacturing defect in a GAF Underlayment), metal work, and flashings.
(6) Damage to the interior or exterior of the building, including, but not limited to, mold growth.

Other Limitations Concerning Coverage
Decisions as to the extent of repair, re-cover, or cleaning required, and the reasonable cost of such work, will be made solely by GAF. GAF reserves the right to arrange directly for your GAF Products to be repaired, re-covered, or cleaned instead of reimbursing you for such work. The remedy under this warranty is available only for that portion of your GAF Products actually exhibiting manufacturing defects or algae discoloration at the time your claim is settled. Any replacement GAF Products will be warranted only for the remainder of the original warranty period. GAF reserves the right to discontinue or modify its shingles or accessories, including the colors available, so any replacement GAF Products may not be an exact match for the GAF Products on your roof. Even if GAF does not modify a color, replacement GAF Products may not match your original GAF Products due to normal weathering, manufacturing variations, or other factors. In the event that GAF is unable to provide replacement products, GAF reserves the right to provide the cash value of those replacement products.

Claims: What You Must Do
You must notify GAF about any claim within 30 days after you notice a problem. You may report a claim online at gaf.com/contact, by calling GAF at 1-800-458-1860, sending an email to [email protected], or by sending a notice in writing to: GAF, Warranty Claims Department, 1 Campus Drive, Parsippany, NJ 07054, USA. You will then be provided with complete details about submitting your claim. You will be required to provide proof of the date your GAF Roofing System was installed and that you were the owner of the property at that time (or that the warranty was properly transferred to you). In order to receive Lifetime† warranty coverage on your GAF Accessory Products or the WindProven™ Limited Wind Warranty, you must also provide proof of purchase of your GAF Accessory Products. You may be required to send to GAF, at your expense, photographs and sample products for testing. Within a reasonable time after proper notification, GAF will evaluate your claim and resolve it in accordance with the terms of this limited warranty. If you repair or replace your GAF Products before you notify GAF about your claim or before GAF has completed its evaluation of your claim, your claim may be denied. If you need to repair or replace your GAF Products before your claim is resolved, you MUST provide GAF with reasonable notice. NOTE: Notice to your contractor, dealer, or home builder is NOT notice to GAF. You should retain this document for your records in the unlikely event that you need to file a claim.

Sole and Exclusive Warranty

THIS LIMITED WARRANTY IS EXCLUSIVE AND REPLACES ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, AT LAW, OR IN EQUITY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This limited warranty is your exclusive warranty from GAF and represents the SOLE REMEDY available to any owner of GAF Shingles or Accessories. GAF makes NO OTHER REPRESENTATIONS, CONDITIONS, GUARANTEES, OR WARRANTIES of any kind other than that stated herein. GAF WILL NOT BE LIABLE IN ANY EVENT FOR CONSEQUENTIAL, PUNITIVE, SPECIAL, INCIDENTAL, OR OTHER SIMILAR DAMAGES OF ANY KIND, including DAMAGE TO THE INTERIOR OR EXTERIOR OF ANY BUILDING, whether any claim against it is based upon breach of this warranty, negligence, strict liability in tort, or for any other cause. This limited warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow limitations on or the exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply to you. New Jersey state residents are encouraged to review their rights under the agreement, as provided under the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”).

The United Nations Convention on the International Sale of Goods shall NOT apply either to the sale of the GAF Products or to this limited warranty.

Modification of Warranty
This limited warranty may not be changed or modified except in writing, signed by an officer of GAF. No one (other than an officer of GAF) has the authority to assume any additional or other liability or responsibility for GAF in connection with your GAF Products except as described in this limited warranty. (Note: Warranty subject to change. The warranty in effect at the time your GAF Products are installed is the version of the warranty that will govern your claim. For current information, visit gaf.com or write to GAF at 1 Campus Drive, Parsippany, NJ 07054, USA, Attn: Warranty Claims Department.)
Effective Date
This limited warranty is effective for GAF Products installed after March 1, 2023. ©2023 GAF • RESWT163L-0323 421568-0623
continued from previous page
GAF Roofing System
Limited Warranty
License No. 843668
5 YEAR CONTRACTOR WARRANTY
Contract #
Owner Name:

Project Address:

Project Phone:

Job Completion Date:

This warranty applies to:

Warranty, Terms, Conditions, and Limitations;
OM Roofing Inc. warrants the work against roof leaks caused by defective workmanship or material for a period of five (5) years from the above-stated job completion date. If a defect covered by this warranty occurs resulting in a roof leak OM Roofing Inc. will repair the roof leak at no charge to the Owner. To obtain services under this warranty, the Owner must give written notice .and/or email, fax within 30 days of the discovery of any water leak to OM Roofing Inc. identifying the original work performed, the date of job completion, and nature of the problem. Such written notice shall be given to OM Roofing Inc. at 18000 Studebaker Road, Suite 700, Cerritos, CA 90703, and/or [email protected], Fax No. 800-392-1730.

This warranty covers roof leaks caused by defective workmanship and material and does not include roof leaks caused by;

1. Obstruction of proper drainage of the roof by debris, buildup, ice etc that results in leaks caused by standing water or ponding.

2. Excessive walking on the roof and/or walking on the roof by persons who do so improperly.

3. Improper flashing or sealing of any roof penetration made after the work done by OM Roofing Inc. has been completed (such as heating and air conditioning systems and ducts installed after OM Roofing Inc.’s work has been completed.

4. Any physical damage of whatever nature to the roofing material.

5. Damage or leaking caused by failure of building components, including but not limited to roof substrate, building structure, or condensation of airborne water vapor.

6. Damage from chemicals including, but not limited to chemicals spilled/discharged onto the roof by equipment or personnel, or chemicals discharged onto the roof by the atmosphere.

7. Work done on the roof by persons other than OM Roofing Inc.

Notice to Owner
THIS WARRANTY IS NOT AN INSURANCE POLICY GUARANTEEING THAT THE ROOF WILL NOT LEAK. OM ROOFING INC. SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR IT’S CONTENTS UNDER ANY THEORY OF LAW.

ROOF MAINTENANCE IS THE OWNER’S RESPONSIBILITY. ROOF LEAKS CAUSED BY MAINTENANCE ITEMS ARE NOT

COVERED UNDER THIS WARRANTY AND FAILURE TO MAINTAIN THE ROOF WILL RENDER THIS WARRANTY NULL AND VOID.

ARBITRATION: Any dispute arising out of the installation or Warranty of the subject roofing system will be settled by arbitration.

The decision of the Arbitrator shall be final and binding on the parties both as to law and fact and shall not be appealable to any court in any jurisdiction. The parties shall share expenses of the arbitration equally unless the Arbitrator determines that the expenses be otherwise assessed.

Notification:

Contractor-OM Roofing Inc.
______________________________________________
Date Becky Brown, CEO/President
OM Roofing Inc.

OM Roofing Inc, 18000 Studebaker Road, Suite 700, Cerritos, CA 90703 Tel: 310-295-9586 Fax: 800-392-1730

15 ATTACHMENT “A-4”

PERFORMANCE BOND
Performance Bond is attached.
16 Performance Bond
Bond No.: _______________________
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS, the City of Redondo Beach, California ("City"), has awarded to OM Roofing Inc., a California corporation
18000 Studebaker Road, Suite 700
Cerritos, CA 90703
("Principal"), a contract ("Contract") for the work described as follows:

Police Pier Substation Roof Repairs
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and
___________________________________________________________________________ ________________________________________________________________________ (Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of eighty-two thousand, four hundred and ninety-four Dollars ($82,494.00), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and will and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the City, its officials, officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the City in the suit and reasonable attorneys' fees in an amount fixed by the court. 17 FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Date:____________________________
"Principal" "Surety"
______________________________ ________________________________ ______________________________ ________________________________ `
By: _____________________________ By:_______________________________ Name: __________________________ Name:_____________________________ Its: _____________________________ Its:________________________________ By: _____________________________ By:_______________________________ Name: __________________________ Name:_____________________________ Its: _____________________________ Its:________________________________ (Seal) (Seal)

CITY OF REDONDO BEACH CITY OF REDONDO BEACH

APPROVED AS TO SURETY APPROVED AS TO FORM

AND PRINCIPAL AMOUNT
By: _____________________________ By: _____________________________ Risk Manager City Attorney
Note: This bond must be executed in duplicate and dated. All signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 18 ATTACHMENT “A-5”

PAYMENT BOND
Payment Bond is attached.
19 Payment Bond
(Labor and Material)
Bond No.: _______________________
KNOW ALL PERSONS BY THESE PRESENTS that:

Police Pier Substation Roof Repairs
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code secure the payment of claims of laborer, mechanics, materialmen, and other persons as provided by law NOW, THEREFORE, we, the undersigned Principal, and
__________________________________________________________ ___________________________________________________________________________ (Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of eighty-two thousand, four hundred and ninety-four Dollars ($82,494.00), , this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Principal, its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13030 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond.

In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the City in the suit and reasonable attorneys' fees in an amount fixed by the court.

FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it 20 does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder.

CITY OF REDONDO BEACH CITY OF REDONDO BEACH

APPROVED AS TO SURETY APPROVED AS TO FORM

TERM AND TIME OF COMPLETION
TERM: The term of this Agreement shall commence February 6, 2024 and expire February 5, 2025 (“Term”), unless otherwise terminated as herein provided. 22 EXHIBIT “C”

COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.

A. AMOUNT. The Contractor shall be paid the amounts set forth in the table below.

Description Amount
Roof Replacement and Recover $ 55,831
Custom Cap Covers $ 19,097
Scaffolding $ 7,566
Bonds $5,893
Total $88,387
B. METHOD OF PAYMENT. Contractor shall provide an invoice after completion of services. Invoices must include the following information.

1. Date of service.

2. Description of the work performed.

3. Description of the materials and parts.

4. Total cost.

Invoices must be adequately detailed, based on accurate records, and in a form reasonably satisfactory to City, and include the prior written authorization of the City and copies of receipts to substantiate expense requests. Contractor may be required to provide back-up material upon request. If no work is performed in a given month, no invoice is required.

C. SCHEDULE FOR PAYMENT. City agrees to pay Contractor within thirty days of City’s receipt of Contractor’s invoice; provided that services are completed to the City’s reasonable satisfaction and there is no dispute over the amount.

D. NOTICE. Written notices to City and Contractor shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.

Contractor: OM Roofing Inc.
18000 Studebaker Road, Suite 700
Cerritos, CA 90703
Attention: Becky Brown
City: City of Redondo Beach
Public Works Department
531 N Gertruda Ave
23 Redondo Beach, CA 90277
Attention: Rob Osborne
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party. 24 EXHIBIT “D”

INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor’s indemnification obligations under this Agreement, Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

Workers’ Compensation insurance as required by the State of California.

Employer’s Liability Insurance.

Minimum Limits of Insurance
Contractor shall maintain limits no less than:

General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.

Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
25 Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Endorsement:

General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor.

For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.

Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.

The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Contractor’s part.

Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
26 Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Risk Management
Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
27 EXHIBIT "E"

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Pursuant to Labor Code Section 1771.4, Contractor shall post job site notices, as prescribed by regulation.

4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records.

7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 28 8. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.

Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/2 times the basic rate of pay.

9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement.

Redondo Beach City CouncilFebruary 6, 2024

Redondo Beach City Council
February 6, 2024