Preview
1 JEFFREY S. GOODFRIED (BAR NO. 253804)
jeffrey.goodfried@saul.com
2 SAUL EWING LLP
1888 Century Park East, Suite 1500
3 Los Angeles, California 90067
Telephone: (310) 255-6100
4 Facsimile: (310) 255-6200
5 Attorneys for Plaintiff
ROSE PAVING, LLC
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF LOS ANGELES, CENTRAL DISTRICT
10
11 ROSE PAVING, LLC, a Delaware limited Case No.
1888 CENTURY PARK EAST, SUITE 1900
liability company,
LOS ANGELES, CALIFORNIA 90067
12 COMPLAINT FOR BREACH OF
Plaintiff, CONTRACT
LLP
13
(310) 255-6100
vs.
SAUL EWING
14
INDIAN HILL TOWNHOMES
15 ASSOCIATION, a California nonprofit
corporation; and DOES 1-10, inclusive,
16
Defendants.
17
18 Plaintiff ROSE PAVING, LLC, a Delaware limited liability company (“Rose Paving” or
19 “Plaintiff”), alleges against defendant INDIAN HILL TOWNHOMES ASSOCIATION, a
20 California nonprofit corporation (the “Association” or “Defendant”) as follows:
21 PARTIES
22 1. Plaintiff is a Delaware limited liability company duly authorized to do business in
23 the State of California.
24 2. Plaintiff is informed and believes, and thereupon alleges, Defendant is a California
25 nonprofit corporation, with its principal place of business in Aliso Viejo, California.
26 3. The true names and capacities, whether individual, corporate, associate or
27 otherwise, of those defendants named herein as Does 1 through 10, inclusive, are presently
28 unknown to Plaintiff, who therefore sues said defendants by such fictitious names. Plaintiff is
51214957.1 377011-00011
COMPLAINT FOR BREACH OF CONTRACT
1 informed and believes, and based thereon alleges, that each such defendant participated in the acts
2 complained of herein or otherwise is liable and that Plaintiff’s damages as alleged herein were
3 directly and proximately caused by the acts of each such defendants. When the true names and
4 capacities of said defendants are ascertained, Plaintiff will seek leave of Court to amend this
5 complaint accordingly.
6 4. Plaintiff is informed and believes, and based thereon alleges, that at all times
7 mentioned herein, each defendant was the agent, servant, employee, alter ego and/or associate of
8 each of the other defendants, and was at all times acting within the course and scope of such
9 relationship.
10 VENUE AND JURISDICTION
11 5. The amount in controversy exceeds the jurisdictional minimum of this Court.
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
12 6. Venue is appropriate in this Court because the allegations herein arise from breach
LLP
13 of a contract, and the contract at issue has a forum selection clause whereby any action arising
(310) 255-6100
SAUL EWING
14 from the contract shall be litigated in either Superior Court of California, County of Los Angeles,
15 or the United States District Court Central District of California. See, e.g., Battaglia Enterprises,
16 Inc. v. Sup. Ct., 215 Cal. App. 4th 309, 318 (2013) (where parties agree to litigate an action in one
17 permissible venue, they should be held to their agreement and the venue selection clause is valid
18 and enforceable).
19 BACKGROUND
20 7. On or about August 2, 2022, Rose Paving entered into a written agreement (the
21 “Agreement”) with the Association to provide asphalt removal and replacement for about 46,645
22 square feet of space, lot marking layouts, manhole and water valve removal and replacement, and
23 laying sealcoat guard-top, in connection with the Association’s property located at 7 Robin Hill,
24 Laguna Hills, California 92653 (the “Property”). Per the Agreement, the Association agreed to
25 pay Rose Paving the total sum of $216,524.06. And per the Agreement, the parties agreed that
26 this price is contingent on the existing subsoil or base being adequate to support the pavement
27 work, and that “Rose Paving shall not be held liable for failure due to poor subgrade, moisture or
28 other unforeseen circumstances such as underground water springs, contaminated soil, etc.” A
51214957.1 377011-00011 2
COMPLAINT FOR BREACH OF CONTRACT
1 true and correct copy of the Agreement is attached as Exhibit A, and incorporated herein by this
2 reference.
3 8. On or about October 10, 2022, the Association agreed to a change order for
4 additional mobilization, tack and overlay, as well as wheel stop replacement, for the total sum of
5 $23,740 (the “Change Order”). A true and correct copy of the Change Order is attached hereto as
6 Exhibit B, and incorporated herein by this reference.
7 9. On October 27 and 28, 2022, the new asphalt was installed at the Property. The lot
8 marking was completed on November 21, 2022. Rose Paving has furnished all of the work and
9 materials due under the Agreement and Change Order. The Association has been using the asphalt
10 and lot markings since November 2022.
11 10. On January 3, 2023, Rose Paving delivered an invoice to the Association (the
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
12 “Invoice”) for all the work performed at the Property. The balance due under the Invoice was
LLP
13 $240,264.06. A true and correct copy of the Invoice is attached hereto as Exhibit C, and
(310) 255-6100
SAUL EWING
14 incorporated herein by this reference.
15 11. Despite receipt of the Invoice (and despite using the asphalt since November 2022),
16 the Association has failed to pay any sum due and owing to Rose Paving, leaving an outstanding
17 balance of $240,264.06.
18 12. Moreover, under Section 4 of the Agreement, the Association is liable for a late fee
19 of 1% per month until all amounts are paid in full.
20 13. Also, under Section 14 of the Agreement, Rose Paving is entitled to reimbursement
21 of attorney’s fees and costs incurred due to filing and prosecution this action. Rose Paving has
22 hired Saul Ewing LLP to enforce its rights under the Agreement and Change Order, and will seek
23 reimbursement of such fees as part of its damages in this lawsuit.
24 14. Rose Paving made numerous demands to the Association for payment of the
25 outstanding balance, but the Association has remitted no payment. Rose Paving anticipates that its
26 damages from late fees and other amounts will continue to increase and accrue until judgment is
27 entered in this action and seeks an award of such damages in an amount according to proof.
28
51214957.1 377011-00011 3
COMPLAINT FOR BREACH OF CONTRACT
1 FIRST CAUSE OF ACTION
2 (Breach of Contract against the Association)
3 15. Plaintiff hereby restates and re-alleges the preceding paragraphs, as though set forth
4 in full here.
5 16. Rose Paving and the Association entered into the Agreement and the Change
6 Order.
7 17. Rose Paving has performed all of its obligations under the Agreement and Change
8 Order.
9 18. The Association has breached the Agreement and Change Order by refusing to
10 compensate Rose Paving for the services and work provided, namely by failing to pay the Invoice
11 attached hereto.
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
12 19. As a direct and proximate result of this breach, Rose Paving has been damaged in
LLP
13 an amount to be proven at trial, but in excess of $240,264.06, plus $9,610.56 per month from
(310) 255-6100
SAUL EWING
14 February 1, 2023 to the present.
15 PRAYER FOR RELIEF
16 WHEREFORE, Plaintiff prays for judgment as follows:
17 On the First Cause of Action:
18 1. For damages according to proof, but in the total amount of at least $240,264.06, plus
19 interest from February 1, 2023 to the present.
20 2. For pre-judgment and post-judgment interest as allowed by law.
21 3. For attorney’s fees as allowed by law.
22 4. For costs as allowed by law.
23 5. For such other and further relief as the Court may deem just and proper.
24 DATED: May 13, 2024 SAUL EWING LLP
25
26
By:
27 JEFFREY S. GOODFRIED
Attorneys for Plaintiff ROSE PAVING, LLC
28
51214957.1 377011-00011 4
COMPLAINT FOR BREACH OF CONTRACT
EXHIBIT A
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PAVING LLC.
BEYOND EXPECTATIONS.'"
PROPOSAL
OPP-22-007308
Aug 2, 2022
Account Name: .Contact-Name: Account Executive:
Indian Hill Eric Fordyce · Jaclyn Weishar
Street Address: Contact Email: Email:
7 robin hill efordyce@pmg-oc.com jaclyn.weishar@rosepaving.com
City State Zip: Contact. J>hone: Cell:.
Laguna H illsCA92653-6013 562-3iS-6698
Asphalt - R&R 46,645 sqft@ 4" $191,665.66
AFTER REPAIRS: Lot Marking Layout $2,108.40
Manhole and water valve can remove and replace $22,750.00
Sealcoat GuardTop - Two Coat Application
AFTER SEALCOAT: Lot Marking Restripe- Double Bays
$216,524.06
Subtotal $216,524.06
Tax $0.00
Total $216,524.06
www.rosepavlng.com 10200 Matern Place Santa Fe Springs CA 90670I888-773-ROSE toll free I909-620-4300te/ I 909-620-4400fox
·--·-··· --·-·---- . -•----•·- __ .. _............. .
PROPOSAL
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BEYOND EXPECTATIONS.'M
PAVING LLC.
CUSTOMER APPROVAL
Total Dollars Approved: $216,524.06
Name:
Authorized Signature:
BILLING INSTRUCTIONS:
www.rosepavlng.com 10200 Matern Place Santa Fe Springs CA 90670( 888-773-AOSE toll free (909·620•4300re/ ( 909-620-4400fox
BellarJdAIVfng.
PAVING LLC.
BEYOND EXPECTATIONS.••
PROPOSAL
Asphalt - R&R 46,645 sqft@4" ONSITE ASPHALT PAVING (1) MOVE IN(s)
1. Remove and haul offsite approx. 46,645 Sf to a depth of 4" of
existing asphalt material.
2. Pave approx. 46,645 Sf with 4" of hot asphalt material.
3. Remove and replace approx. (2) 3' wide 24' L x 3" speed bumps
4. Roll and compact to a maximum density and a smooth finish.
Additional installed concrete wheel stops $55/unit
**Notes and Exclusions:
-If asphalt depth is more than estimated, additional charges may
apply.
-If undercut is required because of unsuitable base, additional
charges may apply.
-If new covers or valves are needed, additional charges may apply.
-If Petromat is found, additional charges may apply.
-These repairs will not fix drainage issues.
-See Terms and Conditions for warranty details.
-Wheel Stops are intended to be reused. If wheel stops are broken
during removal, additional charges may apply.
AFTER REPAIRS: Lot Marking Restripe Asphalt After Repairs
Layout 2 mobilizations
-Re-pin (4) existing wheel stops
-(6) Blue hydrant markers
-Double-lined stalls
-Yellow lines
-"Slow" stencils
-"Stop" Bars
-Supply and install commercial-grade marking paint per
manufacturer's specifications.
**Notes and Exclusions:
-Layout to be provided by customer-crew will stripe parking lot as
indicated on map.
-Striping does not ensure ADA compliance.
-This is a preventative maintenance repair and should be budgeted
on a recurring basis.
-Paint will fade over time - longevity depends on traffic, weather and
condition of asphalt.
-Warranty claims will be reviewed by the manufacturer, Rose Paving
and the customer.
www.rosepavlng.com 10200 Matern Place Santa Fe Springs CA 90670l 888·773·AOSE toll free l909-620-4300te/ I 909·620•4400fax
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8-yo,JdAwfn9,
PAVING LLC.
BEYOND EXPECTATIONS.••
PROPOSAL
Manhole and water valve can Re-set (8) existing manholes, (20) water valve cans, set in concrete
remove and replace and capped with 2" of asphalt material.
Sealcoat GuardTop-Two Apply (2) Co.-:its of Guardtop to 75,406 square feet
Coat Application 2 mol:Jilizc1t1ons
-Cle-an surface:: \.vith mEichanical blovv<:>rs and broorns.
-l'~C'nV.lVC debris to .:in c1pprov0:d facility.
•-Supply c:Jnd install cornrnercial-gracle soalco:.:1L p(?r manufacturer's
specifications.
-Application methods and mobiHz3tions are job-specific - please
discuss vvith your AE.
··Notes ,md Exclusions
-A.II vehicles must be moved prior to crews arriving.
-Tov..:ing of vehicles is the responsibility of the customer.
-Rose Paving PM's will help coordinate phasing and communication.
-Barricades will b€· provided, but if moved by others, .varranty is void.
-Sprinklers must be turned off 24 hours prior to vvork
cornrncmcc·rnc,nt.
-Sprinklers must be kept off ror at least /t/3 hours afler final
applicc:ition.
-S1:'<1lcoat requires proper weath,?r conditions for application - please
discuss with your /\E.
-Wod< are;:.1 should stay closed to foot and vehicle traffic for at least 24
hours atter final applicotion.
-Trxkinq rnay occur and doormats should be av,irlable to minimize
thi~..
-This is cJ preventative maintenance rcp~1ir and should be budgeted
on a recurring basis.
-Scalcoat will fade over time - longevity depends on traffic, weather
anci condition of asphalt.
-Scalcoat will not fill cracks or adhere to oil spots.
-Warranty claims will be reviewed by the manufacturer, Rose Paving
and the customer.
www.rosepavlng.com 10200 Matern Place Sa~~a..~!.5-~r~"-SI! ~-~ 906701 888-773-AOSE toll free l909·620-4300tel I 90_9_·_62_0_•4_4_0_0_fa_x_ _ _ _ __
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PAVING LLC.
BEYOND EXPECTATIONS.'"
PROPOSAL
AFTER SEALCOAT: Lot R0c.;tripe E\1St1ng Lciyout lifter Sealr:oat
Marking Restripe- Double 2 mobilizations
Bays
-Doublc?-liniJd stalls
-VcJIIOvV linf~S
-"Slow" stencils
-"Stop" Bars
-Supply and install commcrcic1l-grc'ld0 marking paint per
rnanubcturer's specifications.
··•Notes and Exclusions:
-Unless other 1,vise noted. crew will re-stripe parking lot per the
e·,isting layout.
-Striping does not ensure /..DA compli.:ince.
-This 1s a preventative maintenance repair and should be budgeted
on c1 recurring basis.
-Paint INIII fade over tirrn=:- lonfJt?vity d,::-po:~nds on traffic, weatll(c>r and
condition ol asphalt.
-\1\/arranty claims ·Nill be reviewed by the manufacturer, Rose Paving
.:md the cu~;tomm
www.rosepaving.com 10200 Matern Place Santa Fe Springs CA 906701888-773-ROSE toll free l909·620-4300te/ I 909-620-4400fox
-- . -- -- --· ....... ·~------•··•-··--•----•--·------··. -·· . ·-· .,.,. _____ _
4il?ole ~Awing.
BEYOND EXPECTATIONS.••
PROPOSAL
PAVING LLC.
Rose Paving Contract Terms & Conditions
1. ESCALATION: This proposal is based on material costs at current market rates. Due to the current volatile market conditions for
liquid asphalt that are beyond Rose Paving's control and in the event of future material price increases the responsible party agrees
to pay for the escalation of material costs without a change order. This paragraph applies only to materials.
2. TIMINO: Due to fluctuation in the cost of raw materials, including but not limited to liquid asphalt, if the current date is past 15
days from the proposal date, customer should clarify that pricing is still valid.
J, CONTRACT DOCUMENTS: Specification sheets, drawings and other documentation presented in this proposal shall be part of
the contract. It is the responsibility of the customer's authorized representative to be aware of the terms and conditions stated
herein and of the other contract documentation.
4. PAYMENT TERMS: NET BALANCE DUE 30 DAYS AFTER COMPLETION OF WORK. Unpaid balances will accrue a late fee of 1%
per month until paid in full. In the event of your failure to conform to the terms and conditions of this agreement, you hereby agree
to pay Rose Paving LLC. all sums earned to date. Price renects a 4% (four percent) discount for payments by cash or check.
5. DEPOSIT: If contracted amount exceeds $15,000.00, a deposit of 1/3 of the project price is required to schedule work unless
noted otherwise in this agreement.
6. PERMITS AND FEES: Owner is responsible for obtaining and paying for any required PERMITS, BONDS, and LICENSES, or
plans required to obtain the aforementioned.
7. UNMARKED/ UNDOCUMENTED UTILITIES: The client shall be responsible for repairing any private utility lines damaged by
Rose Paving during the course of this project which were unmarked, undocumented or non-conforming to prevailing codes. While
Rose Paving shall be responsible for repairing utilities in situations where Rose Paving damaged marked, conforming private utility
lines, Rose Paving shall not be held liable for additional costs associated with utility interruption regardless of whether the lines
were marked and/ or documented properly or not. The customer is responsible to call the utility company.
8. WORK ACCESSIBILITY: The price(s) quoted herein is contingent upon the work area being free of any obstructions (vehicles,
dumpsters, etc.) at the scheduled project start date and time. Rose Paving, reserves the right to adjust the agreed upon project
price if the job conditions prevent Rose Paving work crews from starting on time and proceeding without interruption
9. SOIL CONDITIONS: The proposed price is contingent on the existing subsoil or base being adequate to support the pavement
work. Rose Paving shall not be held liable for failure due to poor subgrade, moisture or other unforeseen circumstances such as
underground water springs, contaminated soil, etc. If failure does occur, Rose Paving will notify agent or owner for inspection.
10. WATER DRAINAOE: On projects where the natural fall of the land is less than 2%, Rose Paving cannot guarantee that there will
be total water drainage on pavements. After repair and Rose Paving shall not be held liable for ponding or retention in surrounding
areas. On projects where the scope of work includes an overlay, the overlay will follow the contour of the existing base surface and
Rose Paving cannot guarantee and will not be liable for drainage issues in the work area or surrounding areas.
11. CLEANINO EXPENSES: The owner understands that the work called for in this agreement is a messy process. The parties
agree that Rose Paving is not responsible for cleaning, repairing, or replacing any concrete, carpet, floor, passageway, etc., that is
soiled or stained by anyone other than Rose Paving employees.
www.rosepavlng.com 10200 Matern Place Santa Fe Springs CA 90670I888-773-ROSE toll free l909-620•4300te/ I 909·620•4400fax
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BeyorxfAn,fng.
PAVING LLC.
BEYOND EXPECTATIONS.'"
PROPOSAL
12. INDEMNITY: Rose Paving agrees to complete its work in a safe and workmanlike manner, and to take appropriate safety
precautions. However, once installation is complete and customer takes possession of the work area, Owner/Customer
understands and agrees that Aose Paving cannot be responsible for materials, area maintenance and safety, and therefore
Owner/Customer assumes all responsibility in this regard, including but not limited to any and all personal injuries, deaths, property
damage, losses, or expenses related to or in any way connected with the materials or services provided. To the fullest extent
allowed by law, Owner/Customer agrees to indemnify, defend and hold Aose Paving and its agents harmless from any and all loss,
expense, liability, or attorneys' fees in connection with any such damages or injuries occurring thereafter. Nothing contained within
this paragraph means, or should be construed to mean that Aose Paving or others shall be indemnified for their own negligence.
13. CHOICE OF LAW & VENUE: To the fullest extent permitted by law, each provision of this contract shall be interpreted in such
manner as to be effective and valid under the laws of the State of Project and corresponding Choice of Law indicated below
without regard to that state's conflict of laws principles, and venue and jurisdiction for any dispute under this agreement shall rest
in the Venue and Jurisdiction identified:
State of Project Choice of Law Venue and Jurisdiction
A. Arizona Arizona Superior Court of Maricopa County or the United States District Court District of
Arizona-Phoenix
B. California California Superior Court of California County of Los Angeles or the United States District
Court Central District of California
c. Florida Florida Circuit Court of Hillsborough County Florida or the United States District Court
Middle District of Florida
D. Illinois Illinois Circuit Court of Cook County or Northern District of Illinois
E. Tennessee Tennessee Davidson County Circuit Court or the U.S. District Court Middle District of
Tennessee Nashville Division
F. All other states Illinois Circuit Court of Cook County or Northern District of Illinois
14. ATTORNEY FEES & COSTS: In the event Aose Paving places any amounts owed under this proposal for collection with either a
collection firm or attorney, Rose Paving shall be entitled to reasonable collection fees, attorneys fees and costs.
15, TAXES: All taxes are included in proposal price unless otherwise specified.
16. MATERIAL & WORKMANSHIP: All material is guaranteed to be as specified. Unless otherwise specified within this Proposal,
Rose Paving warranties workmanship and materials for a period of l year from the date of completion. All work shall be completed
in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra
cost will be executed only upon written orders, and will become an extra charge over and above the amount set forth above. We
shall not be responsible for delays caused by strikes. accidents, weather or other contingencies beyond our control. Our workers are
fully insured.
www.rosepaving.com 10200 Matern Place Santa Fe Springs CA 90670I888-773-AOSE toll free l909-620•4300tel I 909·620-4400fax
PROPOSAL
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BEYOND EXPEcrATIONS.'"
PAVING LLC.
17. CONSENT TO USE OF PHOTOGRAPHS, IMAOES AND VIDEOS: Customer consents to Rose Paving using images and videos of
jobsite as a described in proposal or any work order, for use in Rose Paving promotional, marketing and training materials. Rose
Paving shall have right to use the name, logos, trademarks, trade names, service marks or other marks of customer to the extent
any of the foregoing appear in photographs, images and videos of the jobsite.
18. NON-DISCLOSURE: Customer acknowledges that information in this Proposal, including but not limited to pricing,
determination of scope of work, method for evaluating parking lots, and methods of repair, constitute and include Rose Paving's
Confidential Information. This Proposal shall not be shared, distributed or disseminated to any other contractor and Customer
acknowledges that should it violate this provision monetary damages will not be an adequate remedy and Rose Paving shall be
entitled to injunctive relief in addition to any other remedy available in law or equity.
19. ALTERATIONS TO THIS PROPOSAL: Alterations or notations on or to this Proposal will not be valid unless accepted in writing
by an authorized representative of Rose Paving.
20. SEVERABILITV OF TERMS: Should any part of this agreement be deemed unenforceable, the remaining terms shall be
severable and separately enforceable and shall remain in full force
As a duly authorized representative of lndlan Hill, I agree to
these Terms & Conditions
www.rosepaving.com 10200 Matern Place S �"!� �� Springs CA 906��1 8��-�3-�
Sent: Monday, October 10, 2022 4:08 PM
To: Jaclyn Hernandez
Cc: Aaron Pearson; Eric Fordyce; ehealey@pmg-oc.com; mednscrubs@gmail.com; Daniel Espinoza
Subject: Re: Indian Hill asphalt removal
Attachments: image001.png; image002.png; image003.png; image004.png; image005.png; image006.png
Jacklyn, it’s approved.
Thanks,
Eric
Sent from my iPad
On Oct 10, 2022, at 3:33 PM, Jaclyn Hernandez wrote:
Hello All,
Thank you so much for your flexibility as we are working on our paving project with you. Per your
conversations with Aaron today, the costs for additional work needed is below:
1. Additional mobilization, tack and overlay at 1.25”
1. Cost: $21,375.00
2. Wheel stop replacement – 43 total
1. Cost: $2,365.00
3. Total change order amount: $23,740.00
Please let us know as soon as possible if this is approved, as we will need approval before commencing
work tomorrow. Please do not hesitate to reach out to us with any questions.
Thank you again!
Jaclyn Hernandez
Account Executive
phone: 909-620-4300 PAVING LLC
mobile: 562-325-6698
10200 Matern Place
00 0 Santa Fe Springs, CA 90670
www.rosepaving.com
Watch Rose Paving's Video!
1
From: Aaron Pearson
Sent: Monday, October 10, 2022 1:08 PM
To: Eric Fordyce ; ericmbray@cox.net
Cc: Jaclyn Hernandez ; ehealey@pmg‐oc.com;
mednscrubs@gmail.com
Subject: Indian Hill asphalt removal
Hello everyone,
I wanted to inform you that during the removal of AC we’ve encountered an average depth of 5 to 5‐1/2
inches.
Per our conversation Eric, we will continue removing at 4 inches and pave back tomorrow at 4” per the
scope of work. Please let me know if you have any questions.
Thank you,
Aaron Pearson
Project Manager
PAVING LLC
phone: 909-620-4300
mobile: 562-204-8821 10200 Matern Place
aaron.pearson@rosepaving.com Santa Fe Springs, CA 90670
www.rosepaving.com
00 Watch Rose Paving's Video!
Read the latest on Rose Paving’s blog!
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2
EXHIBIT C
INVOICE PS-INV128725
Invoice Date 01/03/2023
Customer Information Job Information Rose Paving Information
Indian Hill Townhomes Association C/O Job #: JOB-22-006164
Account Executive: Jaclyn Hernandez
Platinum Man Job Site: Indian Hill
65 Enterprise 7 robin hill Cell: 562-325-6698
Aliso Viejo, CA 92656 Laguna Hills, CA 92653-6013
USA USA Email: jaclyn.hernandez@rosepaving.com
Customer Purchase Order #:
FEIN number: 47-5270739
Payment Terms: Net 30 days
Email:
Phone: Date Complete: 12/10/2022
STATEMENT OF WORK
Description Unit Price Quantity Total Price
AFTER REPAIRS: Lot Marking Layout Restripe Asphalt After Repairs 2 $23.43 90 Bays $2,108.40
mobilizations -Re-pin (4) existing wheel stops -(6) Blue hydra
Asphalt - Remove and Replace Asphalt - Remove and Replace. Additional $21,375.00 1 SF $21,375.00
mobilization, tack and overlay at 1.25".
Asphalt - Remove and Replace Remove and replace (43) wheel stops. $2,365.00 1 SF $2,365.00
Asphalt - R&R 46,645 sqft @ 4" ONSITE ASPHALT PAVING (1) MOVE IN(s) 1. $4.11 46,645.33 SF $191,665.66
Remove and haul offsite approx. 46,645 Sf to a depth of 4"
Asphalt - Remove and Replace Asphalt - Remove and Replace $(21,375.00) 1 SF $(21,375.00)
Asphalt - Remove and Replace Asphalt - Remove and Replace $(2,365.00) 1 SF $(2,365.00)
Asphalt - Remove and Replace Additional mobilization, tack and overlay at $21,375.00 1 SF $21,375.00
1.25"
Asphalt - Remove and Replace Remove and Replace (43) wheel stops. $2,365.00 1 SF $2,365.00
Manhole and water valve can remove and replace Re-set (8) existing manholes, $22,750.00 1 SF $22,750.00
(20) water valve cans, set in concrete and capped with 2" of asphalt m
RETAINAGE HELD $0.00
SUBTOTAL $240,264.06
SALES TAX $0.00
TOTAL $240,264.06
APPLIED PAYMENTS/CREDITS $0.00
AMOUNT DUE $240,264.06
ADDITIONAL INFORMATION
Thank you for choosing Rose Paving LLC. Your satisfaction is important to us. We want you to think of us as a friendly business, always
ready to give you the best service we can.
We prefer payment by ACH; if you would rather pay by check, please make checks payable to Rose Paving LLC and mail to
P.O. Box 303, Bedford Park, IL 60499-0303
Accounts Receivable email address: RoseAR@rosepaving.com
Invoice balance due reflects a four percent discount for payments by ACH or check.
www.rosepaving.com 7300 W. 100th Place, Bridgeview, IL 60455 | 888-773-ROSE toll free | 708-430-1100 tel | 708-430-9100 fax
Page 1 of 1
INVOICE PS-INV128725
ADDITIONAL INFORMATION
Thank you for choosing Rose Paving LLC. Your satisfaction is important to us. We want you to think of us as a friendly business, always
ready to give you the best service we can.
We prefer payment by ACH; if you would rather pay by check, please make checks payable to Rose Paving LLC and mail to
P.O. Box 303, Bedford Park, IL 60499-0303
Accounts Receivable email address: RoseAR@rosepaving.com
Invoice balance due reflects a four percent discount for payments by ACH or check.
www.rosepaving.com 7300 W. 100th Place, Bridgeview, IL 60455 | 888-773-ROSE toll free | 708-430-1100 tel | 708-430-9100 fax
Page 1 of 1
Customer Information
Name: Indian Hill Townhomes Association C/O Platinum Man
Billing Address: Indian Hill Townhomes Association C/O Platinum Man
65 Enterprise
Aliso Viejo, CA 92656
USA
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1 JEFFREY S. GOODFRIED (BAR NO. 253804) jeffrey.goodfried@saul.com 2 SAUL EWING LLP 1888 Century Park East, Suite 1500 3 Los Angeles, California 90067 Telephone: (310) 255-6100 4 Facsimile: (310) 255-6200 5 Attorneys for Plaintiff ROSE PAVING, LLC 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 10 11 ROSE PAVING, LLC, a Delaware limited Case No. 1888 CENTURY PARK EAST, SUITE 1900 liability company, LOS ANGELES, CALIFORNIA 90067 12 COMPLAINT FOR BREACH OF Plaintiff, CONTRACT LLP 13 (310) 255-6100 vs. SAUL EWING 14 INDIAN HILL TOWNHOMES 15 ASSOCIATION, a California nonprofit corporation; and DOES 1-10, inclusive, 16 Defendants. 17 18 Plaintiff ROSE PAVING, LLC, a Delaware limited liability company (“Rose Paving” or 19 “Plaintiff”), alleges against defendant INDIAN HILL TOWNHOMES ASSOCIATION, a 20 California nonprofit corporation (the “Association” or “Defendant”) as follows: 21 PARTIES 22 1. Plaintiff is a Delaware limited liability company duly authorized to do business in 23 the State of California. 24 2. Plaintiff is informed and believes, and thereupon alleges, Defendant is a California 25 nonprofit corporation, with its principal place of business in Aliso Viejo, California. 26 3. The true names and capacities, whether individual, corporate, associate or 27 otherwise, of those defendants named herein as Does 1 through 10, inclusive, are presently 28 unknown to Plaintiff, who therefore sues said defendants by such fictitious names. Plaintiff is 51214957.1 377011-00011 COMPLAINT FOR BREACH OF CONTRACT 1 informed and believes, and based thereon alleges, that each such defendant participated in the acts 2 complained of herein or otherwise is liable and that Plaintiff’s damages as alleged herein were 3 directly and proximately caused by the acts of each such defendants. When the true names and 4 capacities of said defendants are ascertained, Plaintiff will seek leave of Court to amend this 5 complaint accordingly. 6 4. Plaintiff is informed and believes, and based thereon alleges, that at all times 7 mentioned herein, each defendant was the agent, servant, employee, alter ego and/or associate of 8 each of the other defendants, and was at all times acting within the course and scope of such 9 relationship. 10 VENUE AND JURISDICTION 11 5. The amount in controversy exceeds the jurisdictional minimum of this Court. 1888 CENTURY PARK EAST, SUITE 1900 LOS ANGELES, CALIFORNIA 90067 12 6. Venue is appropriate in this Court because the allegations herein arise from breach LLP 13 of a contract, and the contract at issue has a forum selection clause whereby any action arising (310) 255-6100 SAUL EWING 14 from the contract shall be litigated in either Superior Court of California, County of Los Angeles, 15 or the United States District Court Central District of California. See, e.g., Battaglia Enterprises, 16 Inc. v. Sup. Ct., 215 Cal. App. 4th 309, 318 (2013) (where parties agree to litigate an action in one 17 permissible venue, they should be held to their agreement and the venue selection clause is valid 18 and enforceable). 19 BACKGROUND 20 7. On or about August 2, 2022, Rose Paving entered into a written agreement (the 21 “Agreement”) with the Association to provide asphalt removal and replacement for about 46,645 22 square feet of space, lot marking layouts, manhole and water valve removal and replacement, and 23 laying sealcoat guard-top, in connection with the Association’s property located at 7 Robin Hill, 24 Laguna Hills, California 92653 (the “Property”). Per the Agreement, the Association agreed to 25 pay Rose Paving the total sum of $216,524.06. And per the Agreement, the parties agreed that 26 this price is contingent on the existing subsoil or base being adequate to support the pavement 27 work, and that “Rose Paving shall not be held liable for failure due to poor subgrade, moisture or 28 other unforeseen circumstances such as underground water springs, contaminated soil, etc.” A 51214957.1 377011-00011 2 COMPLAINT FOR BREACH OF CONTRACT 1 true and correct copy of the Agreement is attached as Exhibit A, and incorporated herein by this 2 reference. 3 8. On or about October 10, 2022, the Association agreed to a change order for 4 additional mobilization, tack and overlay, as well as wheel stop replacement, for the total sum of 5 $23,740 (the “Change Order”). A true and correct copy of the Change Order is attached hereto as 6 Exhibit B, and incorporated herein by this reference. 7 9. On October 27 and 28, 2022, the new asphalt was installed at the Property. The lot 8 marking was completed on November 21, 2022. Rose Paving has furnished all of the work and 9 materials due under the Agreement and Change Order. The Association has been using the asphalt 10 and lot markings since November 2022. 11 10. On January 3, 2023, Rose Paving delivered an invoice to the Association (the 1888 CENTURY PARK EAST, SUITE 1900 LOS ANGELES, CALIFORNIA 90067 12 “Invoice”) for all the work performed at the Property. The balance due under the Invoice was LLP 13 $240,264.06. A true and correct copy of the Invoice is attached hereto as Exhibit C, and (310) 255-6100 SAUL EWING 14 incorporated herein by this reference. 15 11. Despite receipt of the Invoice (and despite using the asphalt since November 2022), 16 the Association has failed to pay any sum due and owing to Rose Paving, leaving an outstanding 17 balance of $240,264.06. 18 12. Moreover, under Section 4 of the Agreement, the Association is liable for a late fee 19 of 1% per month until all amounts are paid in full. 20 13. Also, under Section 14 of the Agreement, Rose Paving is entitled to reimbursement 21 of attorney’s fees and costs incurred due to filing and prosecution this action. Rose Paving has 22 hired Saul Ewing LLP to enforce its rights under the Agreement and Change Order, and will seek 23 reimbursement of such fees as part of its damages in this lawsuit. 24 14. Rose Paving made numerous demands to the Association for payment of the 25 outstanding balance, but the Association has remitted no payment. Rose Paving anticipates that its 26 damages from late fees and other amounts will continue to increase and accrue until judgment is 27 entered in this action and seeks an award of such damages in an amount according to proof. 28 51214957.1 377011-00011 3 COMPLAINT FOR BREACH OF CONTRACT 1 FIRST CAUSE OF ACTION 2 (Breach of Contract against the Association) 3 15. Plaintiff hereby restates and re-alleges the preceding paragraphs, as though set forth 4 in full here. 5 16. Rose Paving and the Association entered into the Agreement and the Change 6 Order. 7 17. Rose Paving has performed all of its obligations under the Agreement and Change 8 Order. 9 18. The Association has breached the Agreement and Change Order by refusing to 10 compensate Rose Paving for the services and work provided, namely by failing to pay the Invoice 11 attached hereto. 1888 CENTURY PARK EAST, SUITE 1900 LOS ANGELES, CALIFORNIA 90067 12 19. As a direct and proximate result of this breach, Rose Paving has been damaged in LLP 13 an amount to be proven at trial, but in excess of $240,264.06, plus $9,610.56 per month from (310) 255-6100 SAUL EWING 14 February 1, 2023 to the present. 15 PRAYER FOR RELIEF 16 WHEREFORE, Plaintiff prays for judgment as follows: 17 On the First Cause of Action: 18 1. For damages according to proof, but in the total amount of at least $240,264.06, plus 19 interest from February 1, 2023 to the present. 20 2. For pre-judgment and post-judgment interest as allowed by law. 21 3. For attorney’s fees as allowed by law. 22 4. For costs as allowed by law. 23 5. For such other and further relief as the Court may deem just and proper. 24 DATED: May 13, 2024 SAUL EWING LLP 25 26 By: 27 JEFFREY S. GOODFRIED Attorneys for Plaintiff ROSE PAVING, LLC 28 51214957.1 377011-00011 4 COMPLAINT FOR BREACH OF CONTRACT EXHIBIT A ~An,fng. PAVING LLC. BEYOND EXPECTATIONS.'" PROPOSAL OPP-22-007308 Aug 2, 2022 Account Name: .Contact-Name: Account Executive: Indian Hill Eric Fordyce · Jaclyn Weishar Street Address: Contact Email: Email: 7 robin hill efordyce@pmg-oc.com jaclyn.weishar@rosepaving.com City State Zip: Contact. J>hone: Cell:. Laguna H illsCA92653-6013 562-3iS-6698 Asphalt - R&R 46,645 sqft@ 4" $191,665.66 AFTER REPAIRS: Lot Marking Layout $2,108.40 Manhole and water valve can remove and replace $22,750.00 Sealcoat GuardTop - Two Coat Application AFTER SEALCOAT: Lot Marking Restripe- Double Bays $216,524.06 Subtotal $216,524.06 Tax $0.00 Total $216,524.06 www.rosepavlng.com 10200 Matern Place Santa Fe Springs CA 90670I888-773-ROSE toll free I909-620-4300te/ I 909-620-4400fox ·--·-··· --·-·---- . -•----•·- __ .. _............. . PROPOSAL s.va,,dAlllfng. BEYOND EXPECTATIONS.'M PAVING LLC. CUSTOMER APPROVAL Total Dollars Approved: $216,524.06 Name: Authorized Signature: BILLING INSTRUCTIONS: www.rosepavlng.com 10200 Matern Place Santa Fe Springs CA 90670( 888-773-AOSE toll free (909·620•4300re/ ( 909-620-4400fox BellarJdAIVfng. PAVING LLC. BEYOND EXPECTATIONS.•• PROPOSAL Asphalt - R&R 46,645 sqft@4" ONSITE ASPHALT PAVING (1) MOVE IN(s) 1. Remove and haul offsite approx. 46,645 Sf to a depth of 4" of existing asphalt material. 2. Pave approx. 46,645 Sf with 4" of hot asphalt material. 3. Remove and replace approx. (2) 3' wide 24' L x 3" speed bumps 4. Roll and compact to a maximum density and a smooth finish. Additional installed concrete wheel stops $55/unit **Notes and Exclusions: -If asphalt depth is more than estimated, additional charges may apply. -If undercut is required because of unsuitable base, additional charges may apply. -If new covers or valves are needed, additional charges may apply. -If Petromat is found, additional charges may apply. -These repairs will not fix drainage issues. -See Terms and Conditions for warranty details. -Wheel Stops are intended to be reused. If wheel stops are broken during removal, additional charges may apply. AFTER REPAIRS: Lot Marking Restripe Asphalt After Repairs Layout 2 mobilizations -Re-pin (4) existing wheel stops -(6) Blue hydrant markers -Double-lined stalls -Yellow lines -"Slow" stencils -"Stop" Bars -Supply and install commercial-grade marking paint per manufacturer's specifications. **Notes and Exclusions: -Layout to be provided by customer-crew will stripe parking lot as indicated on map. -Striping does not ensure ADA compliance. -This is a preventative maintenance repair and should be budgeted on a recurring basis. -Paint will fade over time - longevity depends on traffic, weather and condition of asphalt. -Warranty claims will be reviewed by the manufacturer, Rose Paving and the customer. www.rosepavlng.com 10200 Matern Place Santa Fe Springs CA 90670l 888·773·AOSE toll free l909-620-4300te/ I 909·620•4400fax ----- - 8-yo,JdAwfn9, PAVING LLC. BEYOND EXPECTATIONS.•• PROPOSAL Manhole and water valve can Re-set (8) existing manholes, (20) water valve cans, set in concrete remove and replace and capped with 2" of asphalt material. Sealcoat GuardTop-Two Apply (2) Co.-:its of Guardtop to 75,406 square feet Coat Application 2 mol:Jilizc1t1ons -Cle-an surface:: \.vith mEichanical blovv<:>rs and broorns. -l'~C'nV.lVC debris to .:in c1pprov0:d facility. •-Supply c:Jnd install cornrnercial-gracle soalco:.:1L p(?r manufacturer's specifications. -Application methods and mobiHz3tions are job-specific - please discuss vvith your AE. ··Notes ,md Exclusions -A.II vehicles must be moved prior to crews arriving. -Tov..:ing of vehicles is the responsibility of the customer. -Rose Paving PM's will help coordinate phasing and communication. -Barricades will b€· provided, but if moved by others, .varranty is void. -Sprinklers must be turned off 24 hours prior to vvork cornrncmcc·rnc,nt. -Sprinklers must be kept off ror at least /t/3 hours afler final applicc:ition. -S1:'<1lcoat requires proper weath,?r conditions for application - please discuss with your /\E. -Wod< are;:.1 should stay closed to foot and vehicle traffic for at least 24 hours atter final applicotion. -Trxkinq rnay occur and doormats should be av,irlable to minimize thi~.. -This is cJ preventative maintenance rcp~1ir and should be budgeted on a recurring basis. -Scalcoat will fade over time - longevity depends on traffic, weather anci condition of asphalt. -Scalcoat will not fill cracks or adhere to oil spots. -Warranty claims will be reviewed by the manufacturer, Rose Paving and the customer. www.rosepavlng.com 10200 Matern Place Sa~~a..~!.5-~r~"-SI! ~-~ 906701 888-773-AOSE toll free l909·620-4300tel I 90_9_·_62_0_•4_4_0_0_fa_x_ _ _ _ __ Bc,,atdftn,fng. PAVING LLC. BEYOND EXPECTATIONS.'" PROPOSAL AFTER SEALCOAT: Lot R0c.;tripe E\1St1ng Lciyout lifter Sealr:oat Marking Restripe- Double 2 mobilizations Bays -Doublc?-liniJd stalls -VcJIIOvV linf~S -"Slow" stencils -"Stop" Bars -Supply and install commcrcic1l-grc'ld0 marking paint per rnanubcturer's specifications. ··•Notes and Exclusions: -Unless other 1,vise noted. crew will re-stripe parking lot per the e·,isting layout. -Striping does not ensure /..DA compli.:ince. -This 1s a preventative maintenance repair and should be budgeted on c1 recurring basis. -Paint INIII fade over tirrn=:- lonfJt?vity d,::-po:~nds on traffic, weatll(c>r and condition ol asphalt. -\1\/arranty claims ·Nill be reviewed by the manufacturer, Rose Paving .:md the cu~;tomm www.rosepaving.com 10200 Matern Place Santa Fe Springs CA 906701888-773-ROSE toll free l909·620-4300te/ I 909-620-4400fox -- . -- -- --· ....... ·~------•··•-··--•----•--·------··. -·· . ·-· .,.,. _____ _ 4il?ole ~Awing. BEYOND EXPECTATIONS.•• PROPOSAL PAVING LLC. Rose Paving Contract Terms & Conditions 1. ESCALATION: This proposal is based on material costs at current market rates. Due to the current volatile market conditions for liquid asphalt that are beyond Rose Paving's control and in the event of future material price increases the responsible party agrees to pay for the escalation of material costs without a change order. This paragraph applies only to materials. 2. TIMINO: Due to fluctuation in the cost of raw materials, including but not limited to liquid asphalt, if the current date is past 15 days from the proposal date, customer should clarify that pricing is still valid. J, CONTRACT DOCUMENTS: Specification sheets, drawings and other documentation presented in this proposal shall be part of the contract. It is the responsibility of the customer's authorized representative to be aware of the terms and conditions stated herein and of the other contract documentation. 4. PAYMENT TERMS: NET BALANCE DUE 30 DAYS AFTER COMPLETION OF WORK. Unpaid balances will accrue a late fee of 1% per month until paid in full. In the event of your failure to conform to the terms and conditions of this agreement, you hereby agree to pay Rose Paving LLC. all sums earned to date. Price renects a 4% (four percent) discount for payments by cash or check. 5. DEPOSIT: If contracted amount exceeds $15,000.00, a deposit of 1/3 of the project price is required to schedule work unless noted otherwise in this agreement. 6. PERMITS AND FEES: Owner is responsible for obtaining and paying for any required PERMITS, BONDS, and LICENSES, or plans required to obtain the aforementioned. 7. UNMARKED/ UNDOCUMENTED UTILITIES: The client shall be responsible for repairing any private utility lines damaged by Rose Paving during the course of this project which were unmarked, undocumented or non-conforming to prevailing codes. While Rose Paving shall be responsible for repairing utilities in situations where Rose Paving damaged marked, conforming private utility lines, Rose Paving shall not be held liable for additional costs associated with utility interruption regardless of whether the lines were marked and/ or documented properly or not. The customer is responsible to call the utility company. 8. WORK ACCESSIBILITY: The price(s) quoted herein is contingent upon the work area being free of any obstructions (vehicles, dumpsters, etc.) at the scheduled project start date and time. Rose Paving, reserves the right to adjust the agreed upon project price if the job conditions prevent Rose Paving work crews from starting on time and proceeding without interruption 9. SOIL CONDITIONS: The proposed price is contingent on the existing subsoil or base being adequate to support the pavement work. Rose Paving shall not be held liable for failure due to poor subgrade, moisture or other unforeseen circumstances such as underground water springs, contaminated soil, etc. If failure does occur, Rose Paving will notify agent or owner for inspection. 10. WATER DRAINAOE: On projects where the natural fall of the land is less than 2%, Rose Paving cannot guarantee that there will be total water drainage on pavements. After repair and Rose Paving shall not be held liable for ponding or retention in surrounding areas. On projects where the scope of work includes an overlay, the overlay will follow the contour of the existing base surface and Rose Paving cannot guarantee and will not be liable for drainage issues in the work area or surrounding areas. 11. CLEANINO EXPENSES: The owner understands that the work called for in this agreement is a messy process. The parties agree that Rose Paving is not responsible for cleaning, repairing, or replacing any concrete, carpet, floor, passageway, etc., that is soiled or stained by anyone other than Rose Paving employees. www.rosepavlng.com 10200 Matern Place Santa Fe Springs CA 90670I888-773-ROSE toll free l909-620•4300te/ I 909·620•4400fax . ·-"··········~- --- ---·~-·····-·····---·········•··--· BeyorxfAn,fng. PAVING LLC. BEYOND EXPECTATIONS.'" PROPOSAL 12. INDEMNITY: Rose Paving agrees to complete its work in a safe and workmanlike manner, and to take appropriate safety precautions. However, once installation is complete and customer takes possession of the work area, Owner/Customer understands and agrees that Aose Paving cannot be responsible for materials, area maintenance and safety, and therefore Owner/Customer assumes all responsibility in this regard, including but not limited to any and all personal injuries, deaths, property damage, losses, or expenses related to or in any way connected with the materials or services provided. To the fullest extent allowed by law, Owner/Customer agrees to indemnify, defend and hold Aose Paving and its agents harmless from any and all loss, expense, liability, or attorneys' fees in connection with any such damages or injuries occurring thereafter. Nothing contained within this paragraph means, or should be construed to mean that Aose Paving or others shall be indemnified for their own negligence. 13. CHOICE OF LAW & VENUE: To the fullest extent permitted by law, each provision of this contract shall be interpreted in such manner as to be effective and valid under the laws of the State of Project and corresponding Choice of Law indicated below without regard to that state's conflict of laws principles, and venue and jurisdiction for any dispute under this agreement shall rest in the Venue and Jurisdiction identified: State of Project Choice of Law Venue and Jurisdiction A. Arizona Arizona Superior Court of Maricopa County or the United States District Court District of Arizona-Phoenix B. California California Superior Court of California County of Los Angeles or the United States District Court Central District of California c. Florida Florida Circuit Court of Hillsborough County Florida or the United States District Court Middle District of Florida D. Illinois Illinois Circuit Court of Cook County or Northern District of Illinois E. Tennessee Tennessee Davidson County Circuit Court or the U.S. District Court Middle District of Tennessee Nashville Division F. All other states Illinois Circuit Court of Cook County or Northern District of Illinois 14. ATTORNEY FEES & COSTS: In the event Aose Paving places any amounts owed under this proposal for collection with either a collection firm or attorney, Rose Paving shall be entitled to reasonable collection fees, attorneys fees and costs. 15, TAXES: All taxes are included in proposal price unless otherwise specified. 16. MATERIAL & WORKMANSHIP: All material is guaranteed to be as specified. Unless otherwise specified within this Proposal, Rose Paving warranties workmanship and materials for a period of l year from the date of completion. All work shall be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra cost will be executed only upon written orders, and will become an extra charge over and above the amount set forth above. We shall not be responsible for delays caused by strikes. accidents, weather or other contingencies beyond our control. Our workers are fully insured. www.rosepaving.com 10200 Matern Place Santa Fe Springs CA 90670I888-773-AOSE toll free l909-620•4300tel I 909·620-4400fax PROPOSAL �Awfng. BEYOND EXPEcrATIONS.'" PAVING LLC. 17. CONSENT TO USE OF PHOTOGRAPHS, IMAOES AND VIDEOS: Customer consents to Rose Paving using images and videos of jobsite as a described in proposal or any work order, for use in Rose Paving promotional, marketing and training materials. Rose Paving shall have right to use the name, logos, trademarks, trade names, service marks or other marks of customer to the extent any of the foregoing appear in photographs, images and videos of the jobsite. 18. NON-DISCLOSURE: Customer acknowledges that information in this Proposal, including but not limited to pricing, determination of scope of work, method for evaluating parking lots, and methods of repair, constitute and include Rose Paving's Confidential Information. This Proposal shall not be shared, distributed or disseminated to any other contractor and Customer acknowledges that should it violate this provision monetary damages will not be an adequate remedy and Rose Paving shall be entitled to injunctive relief in addition to any other remedy available in law or equity. 19. ALTERATIONS TO THIS PROPOSAL: Alterations or notations on or to this Proposal will not be valid unless accepted in writing by an authorized representative of Rose Paving. 20. SEVERABILITV OF TERMS: Should any part of this agreement be deemed unenforceable, the remaining terms shall be severable and separately enforceable and shall remain in full force As a duly authorized representative of lndlan Hill, I agree to these Terms & Conditions www.rosepaving.com 10200 Matern Place S �"!� �� Springs CA 906��1 8��-�3-� Sent: Monday, October 10, 2022 4:08 PM To: Jaclyn Hernandez Cc: Aaron Pearson; Eric Fordyce; ehealey@pmg-oc.com; mednscrubs@gmail.com; Daniel Espinoza Subject: Re: Indian Hill asphalt removal Attachments: image001.png; image002.png; image003.png; image004.png; image005.png; image006.png Jacklyn, it’s approved. Thanks, Eric Sent from my iPad On Oct 10, 2022, at 3:33 PM, Jaclyn Hernandez wrote: Hello All, Thank you so much for your flexibility as we are working on our paving project with you. Per your conversations with Aaron today, the costs for additional work needed is below: 1. Additional mobilization, tack and overlay at 1.25” 1. Cost: $21,375.00 2. Wheel stop replacement – 43 total 1. Cost: $2,365.00 3. Total change order amount: $23,740.00 Please let us know as soon as possible if this is approved, as we will need approval before commencing work tomorrow. Please do not hesitate to reach out to us with any questions. Thank you again! Jaclyn Hernandez Account Executive phone: 909-620-4300 PAVING LLC mobile: 562-325-6698 10200 Matern Place 00 0 Santa Fe Springs, CA 90670 www.rosepaving.com Watch Rose Paving's Video! 1 From: Aaron Pearson Sent: Monday, October 10, 2022 1:08 PM To: Eric Fordyce ; ericmbray@cox.net Cc: Jaclyn Hernandez ; ehealey@pmg‐oc.com; mednscrubs@gmail.com Subject: Indian Hill asphalt removal Hello everyone, I wanted to inform you that during the removal of AC we’ve encountered an average depth of 5 to 5‐1/2 inches. Per our conversation Eric, we will continue removing at 4 inches and pave back tomorrow at 4” per the scope of work. Please let me know if you have any questions. Thank you, Aaron Pearson Project Manager PAVING LLC phone: 909-620-4300 mobile: 562-204-8821 10200 Matern Place aaron.pearson@rosepaving.com Santa Fe Springs, CA 90670 www.rosepaving.com 00 Watch Rose Paving's Video! Read the latest on Rose Paving’s blog! CAUTION: This e-mail originated outside of Rose Paving LLC. DO NOT click links or open attachments unless you confirm the incoming address of the sender and know the content is safe. 2 EXHIBIT C INVOICE PS-INV128725 Invoice Date 01/03/2023 Customer Information Job Information Rose Paving Information Indian Hill Townhomes Association C/O Job #: JOB-22-006164 Account Executive: Jaclyn Hernandez Platinum Man Job Site: Indian Hill 65 Enterprise 7 robin hill Cell: 562-325-6698 Aliso Viejo, CA 92656 Laguna Hills, CA 92653-6013 USA USA Email: jaclyn.hernandez@rosepaving.com Customer Purchase Order #: FEIN number: 47-5270739 Payment Terms: Net 30 days Email: Phone: Date Complete: 12/10/2022 STATEMENT OF WORK Description Unit Price Quantity Total Price AFTER REPAIRS: Lot Marking Layout Restripe Asphalt After Repairs 2 $23.43 90 Bays $2,108.40 mobilizations -Re-pin (4) existing wheel stops -(6) Blue hydra Asphalt - Remove and Replace Asphalt - Remove and Replace. Additional $21,375.00 1 SF $21,375.00 mobilization, tack and overlay at 1.25". Asphalt - Remove and Replace Remove and replace (43) wheel stops. $2,365.00 1 SF $2,365.00 Asphalt - R&R 46,645 sqft @ 4" ONSITE ASPHALT PAVING (1) MOVE IN(s) 1. $4.11 46,645.33 SF $191,665.66 Remove and haul offsite approx. 46,645 Sf to a depth of 4" Asphalt - Remove and Replace Asphalt - Remove and Replace $(21,375.00) 1 SF $(21,375.00) Asphalt - Remove and Replace Asphalt - Remove and Replace $(2,365.00) 1 SF $(2,365.00) Asphalt - Remove and Replace Additional mobilization, tack and overlay at $21,375.00 1 SF $21,375.00 1.25" Asphalt - Remove and Replace Remove and Replace (43) wheel stops. $2,365.00 1 SF $2,365.00 Manhole and water valve can remove and replace Re-set (8) existing manholes, $22,750.00 1 SF $22,750.00 (20) water valve cans, set in concrete and capped with 2" of asphalt m RETAINAGE HELD $0.00 SUBTOTAL $240,264.06 SALES TAX $0.00 TOTAL $240,264.06 APPLIED PAYMENTS/CREDITS $0.00 AMOUNT DUE $240,264.06 ADDITIONAL INFORMATION Thank you for choosing Rose Paving LLC. Your satisfaction is important to us. We want you to think of us as a friendly business, always ready to give you the best service we can. We prefer payment by ACH; if you would rather pay by check, please make checks payable to Rose Paving LLC and mail to P.O. Box 303, Bedford Park, IL 60499-0303 Accounts Receivable email address: RoseAR@rosepaving.com Invoice balance due reflects a four percent discount for payments by ACH or check. www.rosepaving.com 7300 W. 100th Place, Bridgeview, IL 60455 | 888-773-ROSE toll free | 708-430-1100 tel | 708-430-9100 fax Page 1 of 1 INVOICE PS-INV128725 ADDITIONAL INFORMATION Thank you for choosing Rose Paving LLC. Your satisfaction is important to us. We want you to think of us as a friendly business, always ready to give you the best service we can. We prefer payment by ACH; if you would rather pay by check, please make checks payable to Rose Paving LLC and mail to P.O. Box 303, Bedford Park, IL 60499-0303 Accounts Receivable email address: RoseAR@rosepaving.com Invoice balance due reflects a four percent discount for payments by ACH or check. www.rosepaving.com 7300 W. 100th Place, Bridgeview, IL 60455 | 888-773-ROSE toll free | 708-430-1100 tel | 708-430-9100 fax Page 1 of 1 Customer Information Name: Indian Hill Townhomes Association C/O Platinum Man Billing Address: Indian Hill Townhomes Association C/O Platinum Man 65 Enterprise Aliso Viejo, CA 92656 USA