HomeMy WebLinkAboutDiamond Bar completed bid documentsEXPERIENCE STATEMENT
To be responsive, the bidder must list below a minimum of three public
agencies for which bidder has performed similar work within the past
five years. Only projects in excess of $200,000 each qualify as similar
for this project.
I . Proj ect Title Cuesta College 2020 Building Re -Roof
Contract Amount $522,392.00
Type of work Roofing
Client SanLuis Obisbo County CCD c/o Klassen Corporation
Agency Project Manager Jayson Bryan Phone661-912-2708
Date Completed August2021 o Subcontracted 7%
2. Project Title UCSB Classroom Building
Contract Amount 352,400.00 + c/o 8,675.00 = 361,075.00
Type of Work Roofing
Client C.W. Driver LLC
Agency Project Manager Jeff Bora
Date Completed04/27/2023
3. Project Title Sturgis
Contract Amount 1,015,526.78
Type of work Roofing
Client City of Oxnard
Agency Project Manager Tavlor Gambino
Date CompletedApril2023
Phone 626-351-8800
% Subcontracted n/a
Phone 805-393-4035
% Subcontracted
NOTE: If requested by the City, the bidder shall furnish a certified
financial statement, references, and other information sufficiently
comprehensive to permit an appraisal of his current financial condition.
Bidder's Signature
Each bidder shall possess a valid Contractor's License
issued by the Contractor's State License Board at the
time his/her bid is submitted. The class of license shall
be applicable to the work specified in the contract.
Each bidder shall also have no less than five (5) years
of experience in the magnitude and character of the work
bid.
Bidder Qualifications called for to be submitted at time
of bid include, but are not necessarily limited to:
1. The Contractor shall have been in business under the
same name and California Contractors License for a
minimum of five (5) continuous years prior to the bid
opening date for this Project. The license used to
satisfy this requirement shall be of same type required
by the contract.
2. License classification shall be as required by the
contract specifications.
3. The Contractor shall have five (5) years of experience
in the Application of fluid -applied roof membrane.
4. The Contractor shall perform at least 50% of
contract with its own forces.
EXECUTION OF CONTRACT: The bidder to whom award is made
shall execute a written contract with the City on the
agreement form provided, and shall secure all insurance
and bonds as herein provided within ten (10) days from
the date of written notice of the award. Failure or
refusal to enter into a contract as herein provided, or
to conform to any of the stipulated requirements in
connection therewith shall be just cause for the
annulment of the award and the forfeiture of the proposal
guarantee.
If the successful bidder refuses or fails to execute
the Contract, the City may award the Contract to the
next lowest responsible bidder or re -advertise. On
the failure or refusal of the lowest responsible
bidder or next lowest responsible bidder to execute
the Contract, such bidder's guarantees shall be
likewise forfeited to the City.
PERMITS FEES AND LICENSES: The Contractor shall
possess a valid business license prior to the issuance
of the first payment made under this Contract.
CLAIMS FILING AND PROCESSING: The City and Bidder agree
to attempt to orally resolve any disputes which may give
rise to a claim (hereafter, "Claim") that falls within
the definition of Public Contract Code section 9204
(hereafter, "Section 9204"). If these efforts are
unsuccessful, the City and Bidder shall process the
Claim in accordance with Section 9204. In summary, if
the Bidder decides to submit a Claim to the City, it
shall be sent by registered or certified mail, return
receipt requested, together with reasonable
documentation to support the Claim. A Claim may include
a Claim by a subcontractor or a lower tier subcontractor
meeting the requirements of Section 9204(d)(5). Within
45 days of receipt of the Claim, or any extension thereof
agreed upon by the City and the Bidder, the City will
conduct a reasonable review of the Claim and provide the
Bidder with a written statement identifying what portion
of the Claim is disputed and what portion is undisputed.
Payment of any undisputed portion of the Claim shall be
made within 60 days after the City issues its written
statement. If the City does not provide a written
statement within the time specified, the Claim shall be
deemed rejected.
If the Bidder disputes the City's written statement or
if the Claim is deemed rejected, the Bidder may demand
in writing by registered or certified mail to the City,
return receipt requested, an informal conference to meet
and confer in an effort to settle the disputed portion
of any Claim. Within 30 days of receipt of such written
demand, the City shall schedule a meet and confer
conference.
If any portion of the Claim remains in dispute
after the conference, the City shall, within 10 City
business days of the conclusion of the conference,
provide the Bidder with a written statement
identifying any portion that remains in dispute and
any portion that is undisputed. Payment of any
undisputed portion shall be made within 60 days after
the City issues its written statement. Any remaining
disputed portion shall be submitted to nonbinding
mediation in accordance with Section 9204(c)(2)(B),
unless the Bidder and City waive the mediation upon
mutual written agreement.
CONFLICT OF INTEREST: In the procurement of supplies,
equipment, construction and services by sub -
recipients, the conflict -of -interest provisions in
(State LCA-24 CFR 85.36 and Non -Profit Organizations -
24 CFR 84.4), OMB Circular A-110, and 24 CFR 570.611,
respectively, shall apply. No employee, officer or
agent of the sub -recipient shall participate in
selection or in award of administration of a contract
supported by Federal funds if a conflict of interest,
real or apparent, would be involved.
DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 61091
The undersigned, a duly authorized representative of the
contractor, certifies and declares that:
1. The contractor is aware of Sections 1777.1 and 1777.7 of the
California Labor Code, which prohibit a contractor or
subcontractor who has been found by the Labor Commissioner or
the Director of Industrial Relations to be in violation of
certain provisions of the Labor Code, from bidding on, being
awarded, or performing work as a subcontractor on a public
works project for specified periods of time.
2. The contractor is not ineligible to bid on, be awarded or
perform work as a subcontractor on a public works project by
virtue of the foregoing provisions of Sections 1777.1 or
1777.7 of the California Labor Code or another provision of
law.
3. The contractor is aware of California Public Contract Code
Section 6109, which states:
(a) A public entity, as defined in Section 1100 [of the
Public Contract Code], may not permit a contractor or
subcontractor who is ineligible to bid or work on, or be
awarded, a public works project pursuant to Section
1777.1 or 1777.7 of the Labor Code to bid on, be awarded,
or perform work as a subcontractor on, a public works
project. Every public works project shall contain a
provision prohibiting a contractor from performing work
on a public works project with a subcontractor who is
ineligible to perform work on the public works project
pursuant to Section 1777.1 or 1777.7 of the Labor Code.
(b) Any contract on a public works project entered into
between a contractor and a debarred subcontractor is
void as a matter of law. A debarred subcontractor may
not receive any public money for performing work as a
subcontractor on a public works contract, and any public
money that may have been paid to a debarred subcontractor
by a contractor on the project shall be returned to the
awarding body. The contractor shall be responsible for
the payment of wages to workers of a debarred
subcontractor who has been allowed to work on the
project.
4. The contractor has investigated the eligibility of each and
every subcontractor the contractor intends to use on this
public works project, and determined that none of them is
ineligible to perform work as a subcontractor on a public
works project by virtue of the foregoing provisions of the
Public Contract Code Sections 1777.1 or 1777.7 of the Labor
Code, or any other provision of law.
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct. Executed this
day of January 25 2024 201_, at Roseville, CA (place of
execution).
I � q na, - M. A . � =I
r
• f
Name: Deni Trowbridge
Title: Accounting Supervisor / Bid Agent
Name of Contractor:
Pacific Builders & Roofing Inc., dba: WSP Roofing
BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5 and in
conformance with Public Contract Code Section 10162, the Bidder
shall complete, under penalty of perjury, the following
questionnaire:
QUESTIONNAIRE
Has the Bidder, any officer, principal or employee of the Bidder
who has a proprietary interest in the business of the Bidder, ever
been disqualified, removed, or otherwise prevented from bidding on
or completing a federal, state or local government project because
of violation of law or a safety regulation?
YES
NO X
If the answer is yes, explain the circumstances in the following
space:
STATEMENT
In conformance with Public Contract Code Section 10232, the
Contractor, hereby states under penalty of perjury, that no more
than on final unappealable finding of contempt of court by a
federal court has been issued against the Contractor within the
immediately preceding two-year period because of the Contractor's
failure to comply with an order of a federal court which orders
the Contractor to comply with an order of the National Labor
Relations Board.
NOTE: The above Statement and Questionnaire are part of the
Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this
Statement and Questionnaire.
Bidders are cautioned that making a false certification
may sub'ect the certifier to criminal prosecution.
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identificatio
City Hall Re-Roof/Rehabilitiation Project
Bid Date January 25, 2024
This information must include all construction work undertaken in the
State of California by the bidder and any partnership, joint venture or
corporation that any principal of the bidder participated in as a
principal or owner for the last five calendar years and the current
calendar year prior to the date of bid submittal. Separate information
shall be submitted for each particular partnership, joint venture,
corporation or individual bidder. The bidder may attach any additional
information or explanation of data, which he would like, taken into
consideration in evaluating the safety record. An explanation must be
attached of the circumstances surrounding any and all fatalities.
ITEM
5 CALENDAR YEARS
CURRENT
YEAR
PRIOR TO CURRENT YEAR
2018
2019
2020
2021
2022
TOTAL
2023
No. of Contracts
15
12
12
13
74
22
Total dollar amount of
431,794.
8,184,071.00
contracts (in 1,000's)
3,674,697,00
7,834,198.00
2,051,502.00
3,515,420.00
0,507,881.0
No. of lost workday cases
0
0
0
0
0
0
0
No. of lost work day
0
0
0
0
0
0
0
cases
involving permanent
transfer to
another job or
termination of
employment
No. of lost workdays
0
0
0
0
0
0
0
*The information required for this item is the same as required for
columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational
Injuries and Illnesses, OSHA No. 102.
The above information was compiled from the records that are available
to me at this time and I declare under penalty of perjury that the
information is true and accurate within the limitations of these records.
Pacific Builders & Roofing Inc., dba: WSP Roofing
Name of Bidder (Print
8150 Sierra College Blvd #130
Address
Class
Roseville,
95661
Signature
832752 C39
State Contractor's Lic. No. &
916-784-6655
City Zip Code Telephone
CONTRACTOR:
(''\wine, legal stator and address)
Pacsfic Builders & Roofing, Inc. dba:
1NSP Roofing
8150 Sierra Cotlege Blvd.
Ste. 290
Roseville CA 95661
OWNER:
(Name, legal status and address)
City of Diamond Bar, California
21810 Copley Drive
Diamond Bar, CA 91765
SURETY:
(Name, legal status and primapal place of business)
Harco National Insurance Company
4200 Six Forks Road, Suite 1400
Raleigh, NC 27609
BOND AMOLTW:Ten Percent of the Total Amount Bid (10% at Total Amount Bid)
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
PROJECT:
(Name, locahon or address, and Project number, of any)
City Hall Re-Roof/Rehabilitation Project Project Number, if any:
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and
Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such
bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted
in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the
difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount
for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of
an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver
of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for
acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for
an extension beyond sixty (60) days.
If this Bond is issued in connection with a subcontractors bid to a Contractor, the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,
any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requitement shall be deemed incorporated herein. When so -
furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond,
Signed and sealed this 3rd day of January, 2024
- Pacific Builders & Roofing, Inc. dba: WSP Roofing
�! (Przncipal) (Sean -
(WAnets) ..
(Title) `-
Harco National Insurance Company
(Title)Eliz th Collodi, Attorney -In -Fact
By arrangement with the American Institute of A the National Association of Surety Bond }
Prod �,
uceis (NASBP) (www. nasbp.orgi makes this form document available to its members, affiliates, and
t associates in Miaoso8 Word format for use in the regular course of surety business. NASBP vouches that
the original teat of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond.
Subsequent modifications may be made to the original text of this document by users, so careful review of its
wording and consultation with an attorney are encouraged before its completion, execution or acceptance.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Butte )
On January 3 2024 . _ before me, Sara Walliser, Notary Public
(insert name and title of the officer)
personally appeared Elizabeth Collodi
who proved to me on the basis of satisfactory evidence to be the person(s} whose name(64 is/afe
subscribed to the within instrument and acknowledged to me that 4e/shelt#ey executed the same in
4Wherlthc4 authorized capacity(ies} and that by 4ie/her/##e4 signature(&) on the instrument the
person( or the entity upon behalf of which the person(&} acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
------------
WITNESS my hand and official seal. SARAt'll,LL;SER
$3 COMP,. # 2449544
NOTARY PUBLIC - CALIFORNIA 0
`,.. COUNTY OF BUTTE w
]]� Comm. Expires JUL 5, 2027
Signature (Seal)
POWER OF ATTORNEY Bond # NIA
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
ELIZABETH COLLODI, JOSEPH H. WEBER, JASON MARCH, SARA WALLISER, BREANNA BOATRIGHT, DEANNA QUINTERO, SAMANTHA
WATKINS, KATHLEEN LE, RENEE RAMSEY, TONY CLARK, BILL RAPP, JOHN HOPKINS, JENNIFER LAKMANN, CLAUDINE GORDON, KRISTIE
PHILLIPS, MINDY WHITEHOUSE, JOHN J_ WEBER, PHIL WATKINS, STEVEN L. WILLIAMS, MICHAEL FEENEY, MATT FOSTER, SHARON SMITH
Chico, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings. contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation. contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
'RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation, and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31 st day of December, 2022
\�Fiitr IAff4V STATE OF NEW JERSEY STATE OF ILLINOIS ' p +" �x0lv
arqCount of Essex `�=,r
} O t f Y County of Cook 1 S _
c 4 SEAS '� T
r 1404 %khp
`
JE
Kenneth Chapman '•,,?!r : * f
'=I
Executive Vice Prosident, Harco National Insurance Company 7
and International Fidelity Insurance Company ` v
On this 31st day of December, 2022 . before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies,
•'`µy CI"•, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
••• G��Ssio' RG� New Jersey the day and year first above written.
-� 411 N1 It �.•�� l� Cr�it•- C�9/J/ ei kP9� •.9lR-jp1A••'
Nth �•• Cathy Cruz a Notary Public of New Jersey
„,•, t„ ` CERTIFICATION My Commission Expires April 16, 2024
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the Foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, January 3, 2024
A00447
VER2 212019 e_POA
Irene Martins, Assistant Secretary
TREMCO
Roofing & Building Maintenance
May 12, 2023
Western Single Ply — NV
Kelly Baird
3442 Neeham Road
North Las Vegas, NV 89030
Dear Kelly Baird,
We want to welcome you and extend our sincere congratulations on meeting the criteria necessary to
become a Tremco Approved Contractor. Enclosed is a copy of your updated fully executed Approved
Contractor Agreement.
Our contractors play an important role in helping us as partners to achieve our Mission Statement of
providing our customers with "Roofing and Weatherproofing Peace of end. " By working closely
together, we can provide our customers with outstanding, long-term roofing performance. And, in doing
so, we will insure our mutual growth and prosperity.
Welcome to the Tremco team, and we look forward to a long and mutually rewarding relationship.
Sincerely,
Gretchen Mack
Contractor Program
Enclosure: Approved Contractor Agreement
Safety Addendum
Contractor Number: 6113946
+i TRFMGQ
RoaMg 8 Building MoOtenance
PBrl of Tremco Conslruetlon PraCu= Gaup
APPROVED CONTRACTOR AGREEMENT
This Agreement, made and entered into thist?ei day of Aprti • 2023 (the "Effective _bate_ ] _ at
Beachwood, Ohio, by and between Tremco CPG, Inc., 3735 Green Road, Beachwood, Ohio 44122,
hereinafter called "Tremco" and
Western Single Ply - NV
(Roofing Company Name)
3442 Neeham Road, North Las Vegas NV 89030
(Physical Address) (City) (State) (Zip)
Same as above
(Mailing Address) (City) (State) (Zip)
hereinafter called the "Roofing Contractor'.
WITNESSETH: THAT
In consideration of the obligations contained in this Agreement, it is mutually agreed as follows:
1. This Agreement sets forth the terms and conditions governing the sale by Tremco and the purchase
by Roofing Contractor of Tremco Quality Assurance Roofing Systems ('TQARS") and is not a
contract of employment or agency, Roofing Contractor agrees not to represent himself, or to allow
any of his employees or agents to represent themselves, as an agent or employee of Tremco.
2. The Roofing Contractor's Obligations
a. The Roofing Contractor shall apply the TQARS strictly in accordance with the current
written specifications, application guidelines and recommendations of Tremco.
b. The Roofing Contractor shall participate in a joint inspection with Tremco upon completion
of the installation, at which time Tremco may request the Roofing Contractor, and the
Roofing Contractor hereby agrees, to make such changes as may be necessary to conform
the Roofing Contractor's work to plans, specifications and Tremeds written instructions in
effect at the time of bid (subject to mutually agreed upon change orders) and good roofing
practices at the Roofing Contractors sole expense.
At the request of Tremco, in its sole discretion, Roofing Contractor shall make and repair
core cuts to show construction and compliance to specifications.
In the event the punch list items are not completed within ten (io) days, (weather
permitting) Roofing Contractor hereby authorizes Tremco, at Tremco's option to (1)
complete punch list items at Tremco's cost and bill Roofing Contractor for all work or (2)
Rev 9.7•22 Page i of 9
-� TREMCO
Roo6pq & 901ding Maintenance
Part of Tremco Conalructon Pmduc% Gmup
complete punch list items at Tremco's cost and bill building owner for all work.
Notwithstanding any contractual provision to the contrary, Roofing Contractor hereby
authorizes building owner to pay Tremco for such workout of any available contract funds.
C. Roofing Contractor shall purchase and maintain in force during the continuance of this
Agreement, insurance as required in Paragraph 7 of this Agreement. Promptly after
execution of this Agreement, once per year upon the anniversary of the Effective Date of this
Agreement, and any time at the request of Tremco, the Roofing Contractor shall furnish
Tremco with certificates of insurance evidencing the aforesaid coverage and copies of the
required endorsements to its policies.
d. Roofing Contractor certifies that neither Roofing Contractor nor any of its owners,
principals, or affiliates is currently debarred, suspended, proposed for debarment or
declared ineligible for award of contracts by any federal, state or local agency or entity or
debarred on the System for Award Management (www.sam.gov). Roofing Contractor shall
be deemed to have reaffirmed this certification each time that Roofing Contractor places an
order for any TQARS products, performs any work in connection with a TQARS or takes any
other action governed by this Agreement. In the event that this certification becomes
untrue or Roofing Contractor has any reason to believe that it may become untrue Roofing
Contractor shall notify Tremco within three (3) business days. Roofing Contractor agrees
and understands that Tremco is expressly relying on the truth of this certification in
entering into this Agreement and that in the event that this certification becomes untrue
Tremco may terminate this Agreement effective immediately upon written notice to Roofing
Contractor,
e. Roofing Contractor shall furnish Tremco with a two (2) year warranty with respect to the
workmanship of any installation of the TQARS and to pay all warranty charges due for the
issuance of any Tremco warranty. Such warranties shall commence with the date of the
installation approval by Tremco and shall be provided on the form annexed to this
Agreement as Schedule A, Final Inspection, and incorporated herein by reference or in such
other fo rm as may be required by Tremco in its sole discretion.
f. Roofing Contractor shall provide bonds, at Roofing Contractor's own expense, when bonds
are required by the owner within specifications or conditions of any other contract
documents applicable to the installation of the TQARS.
In the event a payment and performance bond is not required under the specifications, then
Tremco (at its sole option) may require the execution of a joint check agreement in a form
acceptable to Tremco providing for issuance of payments owed to Roofing Contractor for
installation of a TQARS by checks jointly payable to Roofing Contractor and Tremco.
When a joint check is used to secure a job, Tremco will waive finance charges assessed
(billed) at 6o days provided that the Roofing Contractor agrees to allow Tremco to withhold
7o% of the cost of all Tremco materials, services, and warranties applicable to that job from
the first payment draw, with the balance paid from the second draw. (If the job is "payment
in full upon completion", Tremco must be paid x00% of the cost of materials, services and
warranties from that sole payment.) Finance charges that assess (bill) at go days or after are
the responsibility of the Roofing Contractor and will be withheld from the second draw.
Rev 9.7s2 Page 2 of 9
ri TREMCO
Roormg & avildit Mvintenonce
Pan of Trorco Gon3Uu0on Pmd403 Group
g. If during the term of this Agreement, the Roofing Contractor does any repair work on a
TQARS, then with regard to any such work, Roofing Contractor warrants that all such work
shall. (i) be performed pursuant to Tremco's specifications and written instructions in effect
at the time the work is performed, (2) be done in a workmanlike manner and in accordance
with good roofing practices, and (g) be guaranteed against leakage for a period of twelve (12)
months from the date of repair.
h. The Roofing Contractor shall submit to Tremco all specifications and secure Tremco's
commitment to warrant each installation prior to the commencement of the application of
any TQARS materials on any warranted project. In no event shall the Roofing Contractor
obligate Tremco to any warranty without the written prior consent of Tremco. In the event
that Roofing Contractor violates this provision, Roofing Contractor shall pay Tremco, as
liquidated damages, a sum equal to two (2) times the then -current price of the warranty.
Such liquidated damages shall be in addition to and not in lieu of all other rights and
remedies to which Tremco is entitled under applicable law, at equity, and pursuant to this
Agreement.
In order to obtain Tremco warranty coverage, Roofing Contractor must complete an appli-
cation for Approved Roofing Contractor Status and that application must be approved by
Tremco. Approval of the Roofing Contractor's application may be granted or withheld at
Tremco's sole discretion. Notwithstanding anything to the contrary in this Agreement, this
Agreement shall not become effective unless and until Roofing Contractor's application for
Approved Roofing Contractor status is approved by Tremco.
j. Roofing Contractor shall pay for a specified number of days per week of Tremco Technical
Service (at Tremco's applicable rates at the time of the installation) during installation of any
TQARS that will be covered by a Tremco warranty. The total number of days required will
be included in the particular project specifications.
k. All information provided by Tremco relating to the TQARS and the installation of the
TQARS is for the exclusive use of Roofing Contractor. Roofing Contractor shall not make
such information available to any party other than Roofing Contractor's direct
employees, and shall immediately return all such information to Tremco upon termination
of this Agreement by either party.
Roofing Contractor shall take all steps necessary to ensure that all of its employees that are
involved in the installation and/or repair of TQARS are fully trained in the proper
application and repair of the TQARS and in good roofing practices and familiar with
Tremco's specifications and installation instructions, including but not limited to
participation in training on the TQARS from time to time, including both on -site and off -
site training, as reasonably requested by Tremco.
Rev 9.7.22 Page 3 of 9
TREMCQ
RoarIng S Building Mainfenance
Pan o! Teernon Conslnicftr Pmdals Gmup
3. Tremeo's Obligations
a. Tremco shall develop and promote the sale and use of TQARS and provide opportunities to
Roofing Contractor to bid on installations of TQARS as such opportunities arise.
b. Tremco shall provide for the use and instruction of Roofing Contractor current application
and technical manuals and specification data relating to the TQARS.
C. Tremco shall provide to Roofing Contractor products which comply with specifications as
published in Tremco's data sheets covering such products, and warrants that its TQARS
products will conform with specifications as published in Tremco's data sheet covering such
products.
d. Tremco may, at its sole option, make available to the Roofing Contractor training, including
on-the-job training, for each of the TQARS products. The training may include, but not be
limited to, material handling and storage, application rates, and application techniques.
4. Repair Responsibilities
a. For a period of two (2) years after the Tremco warranty is issued, the Roofing Contractor
agrees to promptly service all calls from the owner regarding leaks in the installation covered
by the Tremco warranty, and to perform repairs in the most prompt and expedient manner
commensurate with the provisions of this Agreement, and in a manner that will maintain the
goodwill and confidence of the owner. The cost of materials, equipment, labor, etc. incurred
in repairing any leaks which result from improper surface preparation, use of non -approved
materials, faulty workmanship or because of non -approved deviations from Tremco's current
specifications, good roofing practices and/or the written recommendations of Tremco shall be
borne entirely by the Roofing Contractor.
b. If the cause of the leaks is within the scope of the Roofing Contractor's responsibility, as
defined in this Agreement, repairs shall be made by the Roofing, Contractor, per Tremco's
specification, with notification to Tremco within thirty (go) days of repair. Roofing
Contractorshall send notice of any repairs performed on a TQARS to Tremoo at the address
identified on page one of this Agreement and shall direct such notice to the attention of
"Roofing Division - Technical Services Department".
C. If Roofing Contractor believes in good faith that evidence indicates that the leaks are not
within the scope of Roofing Contractor's responsibility pursuant to this Agreement, the
Roofing Contractor shall notify Tremco immediately and shall not proceed with permanent
repairs until and unless specifically authorized by Tremco to do so. However, regardless of
responsibility, the Roofing Contractor shall make temporary repairs, so as to maintain the
goodwill of the owner. In the event that Tremco determines that the leaks are due to a defect
in the TQARS materials, Tremco will provide, at no charge to the Roofing Contractor,
materials necessary to complete the repairs. The Roofing Contractor shall be reimbursed by
Tremco for only the direct cost of labor and equipment expended in making the repairs. In
the event that Roofing Contractor makes temporary repairs and Tremco ultimately
Rev 9.7.22 Paga 4 of 9
rp TREMCO
Roofing & Building Maintenance
Pan at Tmmoo Gonstn,cdon Pmducts GfOu0
determines that the leaks were the responsibility of Roofing Contractor, all costs of all repairs,
including both temporary repairs and such further repair work as maybe required by Tremco,
shall be borne solely by Roofing Contractor.
d. If leaks result from unknown causes which cannot be directly attributed to responsibilities
defined for either party in this Agreement and are within the scope of the warranty issued by
Tremco to the owner, Tremco shall reimburse the Roofing Contractor for one half (1/2) of the
direct cost of equipment and labor actually expended by Roofing Contractor in making the
repairs. Materials manufactured by Tremco and supplied for making such repairs shall be
sold to Roofing Contractor at a discount of twenty-five percent (25%) off of Tremco's then -
applicable published list price for such materials.
5. Liability of Parties to Each Other
Tremco shall be responsible for furnishing TQARS products with properties in compliance
with its published standards and free from defects when manufactured. Tremco shall be
liable to the Roofing Contractor for any loss or damages, excluding consequential damages,
incurred by the Roofing Contractor because of Tremeo's failure to provide such defect free
product. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TREMCO MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, TO CONTRACTOR WITH RESPECT TO THE
TQARS OR ANY COMPONENTS THEREOF AND HERESY EXPRESSLY DISCLAIMS ANY
AND ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR
A PARTICULAR PURPOSE.
b. The Roofing Contractor shall be responsible for proper and leak free installation of TQARS
product in accordance with Tremco specifications for such installations and good roofing
practices, and shall be liable to Tremco for any loss or damages incurred by Tremco because
of Roofing Contractor's failure to provide such proper and leak free installations.
b. Product Changes
Tremco reserves the right, at any time, with notice to the Roofing Contractor, to change, improve
or discontinue the manufacture and sale of the TQARS material and to change and revise the
TQARS installation instructions and procedures without incurring any obligation to the Roofing
Contractor or others, however, the Roofing Contractor shall be held only to the most current
written instructions and procedure it has received from Tremco, and no such change shall affect
work in progress without consent of the Roofing Contractor.
Rev 9.7.22 Page 5 of 9
FREMCO
Roofing d Building Maintenance
Par? of Tmmco Constn:ctlon Prodws Gip
Insurance & Indemnity Requirements
Roofing Contractor shall carry the following insurance coverages on a continuous basis:
Coverage
1. Worker's Compensation
2. General Liability
Coverage must include:
Minimum Limits
Statutory
$l,000,000 per occurrence/
$2,000,000 general aggregate
Maximum deductible g,000
(a) Premises and Operations
(b) Products and Completed Operations
(c) Broad Form Contractual (including coverage for the indemnity clause
provided in this Agreement)
(d) Independent Contractor and Subcontractor
3. Automobile Liability
Coverage must include:
(a) Owned vehicles
(b) Hired vehicles
(c) Non -owned vehicles
$x,000,000 Combined
single limit for BI and
PD per occurrence
4. Employer's Liability Insurance $1,000,000 for each employee and
bodily injury by accident and for each
employee for bodily injury by disease,
b. The liability insurance required by this Agreement shall: (i) be written on an occurrence
basis/form and not on a claims made basis/form; (ii) be primary and non-contributory to
any other insurance that Tremco CPG, Inc. may have; (iii) contain waivers ofsubrogation
against Tremco, its parents, subsidiaries and affiliates; and (iv) provide that the insurer(s)
has/have a duty to defend against potentially -covered claims and that the payment of
defense costs by the insurer(s) shall not reduce or deplete the limits of liability under the
policy(ies). No exclusions shall apply to the general liability coverage required by this
Agreement for damages to property in the care, custody and control of the insured except
the basic exclusions contained in the standard I.S.O. Comprehensive General Liability
policy.
Rev 9.7.22 Page 6 of 9
—� TREMCo
Raafrng 6 Building Mainrenonre
PAIR of ?rnmtu Constmetlon Pimducis Group
C. All of the policies required by this Agreement shall be endorsed to provide that Tremco CPG,
Inc. shall be given at least twenty (20) days written notice of cancellation or other material
change in any coverages required by this Agreement.
d. Tremco CPG, Inc. shall be added as an additional insured on the general liability coverage,
automotive liability and employer's liability coverage. Such additional insured coverage shall
include, without limitation, coverage under the general liability policy for ongoing
operations and for 'bodily injury' or 'property damage' included within the `products -
completed operations hazard' at all locations where Roofing Contractor installs and/or
repairs or maintains any TQARS pursuant to this Agreement and shall apply to all
operations of Roofing Contractor in connection with the installation and/or repair or
maintenance of a TQARS pursuant to this Agreement. Such additional insurance coverage
shall be primary and non-contributory with respect to any insurance policy on which
Tremco is a named insured. In addition, the insurance policies and applicable
endorsements shall obligate Roofing Contractor to pay any deductible or self -insured
retention associated with any claim that is made under the policies, including any claim
made by Tremco as an additional insured.
The products/completed operations coverage shall remain in effect for at least two (s) years
following Roofing Contractor's completion of services.
f. Roofing Contractor shall not commence any work or supply any materials on any job until it
has obtained all insurance required by this Agreement. Roofing Contractor shall submit to
Tremco CPG, Inc. for approval certificates of insurance evidencing such insurance coverage
and a copy of the additional insured endorsement(s) naming Tremco CPG, Inc. as an
additional insured no later than ten (io) days prior to Roofing Contractors beginning work
on any job.
The Roofing Contractor agrees to defend, indemnify and hold Tremco CPG, Inc., its officers and
employees, harmless from any and all losses, costs, expenses (including court costs, attorney's fees,
interest and profits), claims, demands and suits for any bodily injury, illness or death of any
person, or for any loss or damage to the property of any person, partnership, proprietorship,
corporation or condominium association, and from any and all claims or suits of employees of the
Roofing Contractor caused in whole or in part by any negligent act or omission on the part of the
Roofing Contractor or any of its employees, whether such claims may be based upon the Roofing
Contractor's alleged passive or active negligence or participation in the wrong or upon any alleged
breach of any statutory duty or obligation on the part of the Roofing Contractor. Roofing
Contractor's obligations under this Paragraph 8 will survive any termination or expiration of this
Agreement.
9. Prices and Payment Terms
Tremeo will sell TQARS products to the Roofing Contractor at Tremco's approved contractor prices
in effect at the time of the hoofing Contractor's bid or proposal to the owner on the following
terms: net 30, with finance charges of 1.5% per month (18% per year) (or the highest rate
permissible under applicable law, if lower) accrued from 3o days on all balances which are
Rev 9.7.22 Page 7 of 9
i TRFMCO
Raoring a Building Mainrenance
Pan of Tremco consuuchon Products Group
past due. Finance charges will be billed 6o days from the invoice date. Prices and terms shall be
published by Tremco and shall be subject to change by Tremco at any time at its sole discretion
with reasonable notice to the Roofing Contractor. Contractor agrees to remain current with
receivables that are due and to provide a current financial statement to Tremoo on an annual basis.
Roofing Contractor shall reimburse Tremco for any court costs and attorney's fees incurred by
Tremco in collecting Roofing Contractor's account.
10. Life of the Agreement
This Agreement shall continue in effect for the initial term of one (i) year from the date thereof and
thereafter shall automatically be renewed for successive one (1) year terms, provided, however, that
at any time either party may terminate this Agreement upon thirty (30) days written notice prior to
the intended termination date.
Notwithstanding any other provision contained herein, Tremco may terminate this Agreement
upon fourteen (14) days written notice for any of the following reasons: (a) the Roofing Contractor
shall go or be put into liquidation or become subject to the bankruptcy laws of the United States, or
(b) the Roofing Contractor shall sell or undergoes a substantial change in ownership/control, or (c)
the Roofing Contractor breaches any of the terms and conditions set forth in this Agreement, or (d)
the Roofing Contractor fails to perform services in a prompt, workmanlike fashion in accordance
with good roofing practice.
In the event of termination by either party of this Agreement, for any reason, warranty
responsibility for all installations shall remain in effect for the duration of the warranty periods.
On those projects under warranty, repair responsibility will remain as defined in Paragraph 4 of
this .Agreement.
11. Governing Law
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Ohio, without regard to conflicts of law principles.
12. Waiver
Failure of either party to insist upon strict performance of any of the terms and conditions hereof,
or failure or delay to exercise any rights or remedies provided herein or by law, shall not prevent
such party from subsequently insisting upon strict performance or exercising any such right or
remedy. No waiver of any provision of this Agreement or any parry's rights under this Agreement
or applicable law shall be effective unless set forth in a writing signed by the party against whom
the waiver is to be enforced. The waiver by either party of any term of this Agreement under any
circumstances shall not be deemed a waiver of any other term of this Agreement or a waiver of the
same or any other term of this Agreement at any other time or under any other circumstances.
Rev 9.7.22 Page 8 of 9
1 TREAWO
Roofxfg a Building Maintenance
Part of Tnmoo CWorucDon Prodvdb Gmup
13. Invalidity
In case any one or more of the provisions contained in this Agreement shall, for any reason, be held
to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect the validity of any other provision of this Agreement, and any such provision shall
be deemed modified to the extent necessary to make it enforceable.
14. Scope of Agreement and Modification
This Agreement contains the entire understanding between the parties hereto with respect to the
subject matter hereof, and there are no representations or promises by either party relating to the
subject matter hereof other than as set forth herein. This Agreement may be altered, modified or
amended only by a written instrument signed by both parties that refers to this Agreement. It is
understood by the parties that such "written instrument", for alteration, modification or
amendment purposes, shall not include e-mail or other similar forms of electronic communication.
15. Assignment/Binding Effect
Any assignment of or attempt to assign this Agreement or any rights or obligations hereunder by
Roofing Contractor without the prior written consent of Tremor shall be null and void. Subject to
the limitations on assignment set forth in this Paragraph 14, this Agreement will apply to, be
binding in all respects upon, and inure to the benefit of, the successors and permitted assigns of the
parties.
16. Execution
This Agreement may be executed in one or more counterparts, each of which will be deemed to be
an original copy of this Agreement and all of which, when taken together, will be deemed to
constitute one and the same agreement. A facsimile or electronic copy of a signature shall have the
same force and effect as an original.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be duly executed in duplication
this Agreement as of the Effective Date set forth above.
TREMCO CPG, Inc.
Name. 7K Milliken
Western Single Ply - NV
(Roofing Company Name)
Name: Kelly Baird
Title: Vice President
Sign atu e�(Carr eOfricer)
Rev 9.7.22 Page q of q
TREMCO
Roofing & Building Main(enonce
Pen of Tremco Consnocn FI;NuU9 Group
SAFETY SYSTEMS ADDENDUM TO [APPROVED] [CERTIFIED) CONTRACTOR AGREEMENT
This Addendum to the [Approved] [Certified] Contractor Agreement ("Addendum") entered Into by and
between Western Single Ply - NV ("Roofing Contractor") and
Tremco CPG, Inc, ("Tremco"), is effective as of 4/1 112023 ("Effective Date"). WHEREAS,
on or about 4111Q023 Tremco and Roofing Contractor entered into an [Approved] [Certified]
Contractor Agreement (the "Agreement") for the purchase and sale of Tremco's products andthe
performance of services by Roofing Contractor; and
WHEREAS, Roofing Contractor and Tremco desire to create this Addendum to supplement the Agreement to
include the purchase, sale and Installation of Safety Systems (as defined below) to Roofing Contractor, as
set forth below.
THEREFORE, subject to the covenants and mutual agreements contained herein and intending to be legally
bound, the parties agree as follows:
Roofing Contractor and Tremco reaffirm their commitment to the Agreement. The terms and
conditions of the Agreement shall remain in full force and effect and shall be applicable to the
purchase, sale and Installation of Safety Systems. Specifically, except to the extent expressly
modified herein, this Addendum Incorporates the Roofing Contractor's obligations set forth in the
Agreement regarding Installation final inspection, insurance and indemnity requirements,
payment terms, 2 year workmanship warranty and bonding. All commitments and obligations of
the parties with respect to the TOARS (as defined in the Agreement) shall apply, to the extent
applicable, equally to Safety Systems as defined herein. If there is a conflict between the terms
of this Addendum and the Agreement, the terms of this Addendum shall prevail as to the
purchase, sale and installation of the Safety Systems only.
2. Upon execution of this Addendum by Tremco and completion of the required Safety Systems
Training as described below, Tremco designates the Roofing Contractor as an Approved Tremco
Safety Systems Contractor with the semi -exclusive, non -assignable right to install the Tremco
Safety Systems, subject to the terms and conditions of the Agreement and this Addendum.
3_ "Safety Systems" as used in this Addendum means: any systems, equipment, structures or
devices, as specified or approved and sold to Roofing Contractor by Tremco, that are designed to
comply with OSHA or other applicable safety requirements, and/or otherwise to protect the safety
of personnel accessing the roof or other parts of the building requiring fall protection, Including but
not limited to fall protection systems such as safety railing systems, safety lines, anchors, and
screens or guarding for skylight domes and hatches.
4. Roofing Contractor agrees
a. To comply with all terms, conditions and obligations of the Agreement and this Addendum
when purchasing and installing the Safety Systems.
Rv 9.7.22
i TREMCQ
Roofing & Building Moinfermnce
Part of Tmmoo Coftrucdor Pmducls Group
b. To participate in all training required by Tremco regarding the proper installation of Safety
Systems, which may include, at Tremco's sole discretion, in -person classroom andlor field
training and/or on-line training (the "Safety System Training"). Roofing Contractor shall not
install any Safety System unless and until all Roofing Contractor personnel performingsuch
installation have received the training required by Tremco for installation of such Safety
System.
C. To comply with all specifications and Instructions of Tremco when installing a Safety
System on a TQARS in order to ensure the continued Integrity of the TOARS and maintain
coverage, If any, under the Tremco warranty issued to the owner.
d. For a period of two (2) years after final completion of Installation of any Safety System, to
promptly service all calls from the owner regarding defects in the Safety System and to
expedite repairs in the most prompt and expedient manner in accordance with Tremco's
specifications and instructions and in a manner that will maintain the goodwill and
confidence of the owner. The cost of materials, equipment, labor, etc, incurred in repairing
any defects in the Safety Systems that result from faulty workmanship, failure to comply
with Tremco's specifications and recommendations, use of materials or components not
approved by Tremco or non -approved deviations from Tremco's specifications and/or
written recommendations of Tremco shall be borne entirely by the Roofing Contractor.
Roofing Contractor shall perform all repairs to Safety Systems In accordance with Tremco's
specifications and recommendations and in accordance with the highest and standard of
workmanship applicable to contractors performing similar work.
e. If the cause of the defects is within the scope of the Roofing Contractor's responsibility, as
defined in this Addendum, repairs are to be made by the Roofing Contractor, per Tremco's
specification, with notification to Tremco within thirty (30) days of repair. Notification will be
sent to Tremco at the address Identified on page one of the Agreement and will be mailed
to the attention of "Roofing Division - Technical Services Department". If evidenceindicates
the defects to be within the scope of Tremco's responsibility, the Roofing Contractor shalt
notify Tremco Immediately and shall not proceed with permanent repairs until and unless
specifically authorized by Tremco to do so. However, regardless of responsibility, the
Roofing Contractor shall make temporary repairs, so as to maintain the goodwill of the
owner Responsibility for the cost of temporary repairs will be as defined under this section.
Where the repairs fall within the responsibility of Tremco, Tremco will provide, at no charge
to the Roofing Contractor, materials necessary complete the repairs. The Roofing Contractor
shall be reimbursed by Tremco for only the direct cost of labor and equipment expended in
making the repairs.
f. If defects In the Safety Systems result from unknown causes which cannot be directly
attribuled to responsibilities defined for either party In this Addendum and are within
2 Rv 9.7,22
TREMCO
Rooh'ng d Budding,if WeAcme
Pan of Tremoo Cons"Oon Products GrouO
the scope of the guarantee issued; the cost of repairs will be borne equally by both
parties. In such events, the Roofing Contractor shall apply only the direct cost of
equipment, materials and labor actually expended in making the repairs, Materials
manufactured by Tremco and supplied for making such repairs shall have their cost
based upon Tremco's current published price list, less a repair discount of 25%. For the
purposes of this paragraph, owner abuse and acts of God shall not be considered
"unknown causes".
5. This Addendum shall continue In effect for the same period as the Agreement. Any termination
of the Agreement by Tremco pursuant to the terms of the Agreement shall automatically effect a
termination of this Addendum. Notwithstanding the foregoing, or anything in the Agreement or
this Addendum to the contrary, Tremco may terminate this Addendum at any time, without
terminating the Agreement, effective immediately upon written notice to Roofing Contractor, In
the event that Roofing Contractor breaches any term or condition of this Addendum and/or the
Agreement. All obligations of Roofing Contractor under the Agreement and this Addendum
with respect to Installations completed prior to the date of termination of this Addendum,
including but not limited to Roofing Contractor's obligation to pay Tremco for Safety Systems, to
repair defects in Safety Systems and Roofing Contractor's obligations to defend and indemnify
Tremco, shall survive any termination of this Addendum and/or the Agreement.
6. This Addendum shall be governed by, and construed in accordance with, the laws of the State of Ohio,
without regard to conflicts of law principles. In case any one or more of the provisions contained
in this Addendum shall, for any reason, be held to be invalid, Illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect the validity of any other
provision of this Addendum and any such provision shall be deemed modified to the extent
necessary to make it enforceable.
7. The waiver of the breach of any term or provision of this Addendum shall not operate or be
construed to be a waiver of any other or subsequent breach of this Addendum. Any modification
of this Addendum must be made in writing and signed by an authorized representative of both
parties, expressly referring to this Addendum.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be duly executed in duplicate this
Addendum the 11th dayof April 2023
TREMCO CPG, Inc. Western Single Ply - NV
Roofing Contractor
Name. JK Milliken
Name: Kelly Baird
Title
Vice President
t`
Signa re o ate Officer)
3 Rv 9.7.22
Pacific Builders & Roofing dba: WSP Roofing
A California Corporation
BOARD OF DIRECTORS RESOLUTION
The annual meeting of the Board of Directors of Pacific Builders & Roofing dba: WSP
Roofing a corporation organized under the laws of the State of Nevada was held at the
principal office of the Corporation in the city and state of Roseville, CA on the 181h day of
October 2023
In attendance at this annual meeting are as follows:
John D. Tanner Deni Trowbridge
James Kelly Baird Kim Heuser
David Tanner Ryan Heaton
Scott Tanner
It was announced that James Kelly Baird would be moving to a consultant position
effective November 1, 2023. Approved that John Tanner, Scott Tanner, David Tanner &
Ryan Heaten are to be the only officers to execute contract documents. Ron Hunt is
authorized to sign & certify all financial documents; including but not limited to financial
statements, Bid Bonds, Performance & Payment Bonds. Deni Trowbridge & Ryan Heaton
are authorized to sign bid documents as Bid Agents, Bid bonds, Performance & Payment
bonds and all pre -qualification documentation.
It was approved that, John Tanner, Scott Tanner & David Tanner are the only authorized
signers on Pacific Builders & Roofing dba: WSP Roofing general bank account.
It was approved that John Tanner is the only officer authorized to purchase vehicles and
equipment for Pacific Builders & Roofing dba: WSP Roofing.
Pacific Builders & Roofing, dba: WSP Roofing's payroll will continue to be processed
through Western Single Ply — NV.
The board agreed Ascensus/FuturePlan would continue to administer Pacific Builders &
Roofing dba: WSP Roofing 401k plan thru Pacific Builders & Roofing dba: WSP Roofing -
NV, Principal Financial will administer the Contribution investments. The 401k plan is for
prevailing wage projects. Individual employees are allowed to self -contribute on a
voluntary basis. There is not any employer matching.
There being no further business to come before the meeting, the same was adjourned.
Dated: October 18, 2023
Suhft - Tir,n`ciw
Scott Tanner
Secretary/Treasurer