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HomeMy WebLinkAboutContract 1846 AGREEMENT THIS CONTRACT,by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City,"and CASTRO ROOFING, herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants,the parties hereto agree as follows: 1. Contractor agrees to shall furnish all necessary labor, material, equipment, transportation and services to remove the existing roof materials, make necessary repairs to the integrity of the existing roof structure, and install/retile the roof. 2. Contractor shall comply with all Federal, State, County, and Cathedral City Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the execution of this agreement and purchase order and agrees to have all work completed within the specified 50 working days. 5. In consideration of said work,City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's proposal,attached hereto, in the amount of One Hundred Sixty-One Thousand Seven Hundred Forty-Six Dollars and 00/100 ($161,746.00). All payments shall be subject to approval by the City Engineer. 6. The Contractor shall not knowingly pay less than the higher of the Federal minimum wage rate or the general prevailing rate for per diem wages,as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract;and the Contractor shall forfeit as a penalty to the City the sum of Twenty- Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision(Sections 1770-1777,Labor Code of California). 7. Contractor agrees to indemnify, hold harmless, release and defend(even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council, and each member thereof, and its officers, employees,commission members and representatives, from any and all liability, loss, suits, claims, damages, costs,judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of,or, any injury caused by,any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property(including, but without limitation, contract or tort or patent, copyright,trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies,or corporations,Contractor and its employees or agents, and members of the general public). 8. Except as otherwise required, Contractor shall concurrently with the execution of this contract,furnish the City satisfactory evidence of insurance of the kinds and in the amounts on Attachment B. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days' unconditional written notice to the City and shall name the City and the County of Riverside as additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance,in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 9. Contractor shall forfeit as a penalty to City$25.00 for each laborer,workman,or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 10. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act(Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 11. This Contract shall not be assignable by Contractor without the written consent of City. 12. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 13. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 14. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 15. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 16. The Contractor shall maintain and preserve all such records for a period of at least four years after termination of the contract. 17. The Contractor shall maintain all such records in the City of Cathedral City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to,such additional(out of the City)expenses for personnel,salaries,private auditors,travel, lodging,meals and overhead. 18. The further terms, conditions, and covenants of the Contract are set forth in Attachments A thru H,each of which is by this reference made a part hereof. IN WITNESS,WHEREOF,the parties have executed this Agreement as of the dates stated below. "CITY" CITY OF CATHEDRAL CITY, a California municipal corporation � _ By: r • / / Dated: I ' 1 1 Char es P.McClendon,City Manager ATTEST: A Al Dated: I I• ( J 2061 Tracey R. 14t, inez, ity Clerk APPROVED AS TO I RM: Dated: //" /3 o/7 Eric S.Vail, City Attorney "CONTRACTOR" Dated: I I /&/ Zo t`\ By: Name: Cr (c C.�S Title: 2+v Dated: By: Name: Title: "CONTRACTOR" (If corporation,affix seal) ATTACHMENT A WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861,prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers'compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature Title bl Zot Date ATTACHMENT B LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION The Contractor shall indemnify, hold harmless and assume the defense of the City of Cathedral City (City), its elected officials, officers, agents, employees, commission members and representatives, from all damages, costs, or expenses in law or equity that may at any time arise to cause damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the Contractor, any of the Contractor's employees, or any of its subcontractors arising out of work under this Contract. The City does not, and shall not, waive any rights that it may have against Contractor, any of the Contractor's employees, or any of its subcontractors under this Section because of the acceptance by the City, or the deposit with the City,of any insurance policy or certificate required pursuant to this Contract. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described herein. The City shall not be liable for any accident, loss,or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General The Contractor shall provide evidence of all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract. The Contractor shall not commence work,until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. 2.2 Commercial General Liability Policy The Contractor shall maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than Two Million Dollars ($2,000,000)combined single limit for bodily injury and property damage for any one occurrence and a Four Million Dollar($4,000,000)annual project aggregate, for all of the following: a. Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage. b. Completed Operations/Products, including X, C,and U Coverage. c. Independent Contractors. d. Blanket Contractual. e. Deductible shall not exceed One Thousand Dollars($1,000). 2.3 Commercial Business Auto Policy The Contractor shall maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis,with a minimum amount of not less than Two Million Dollars($2,000,000) combined single limit for bodily injury and property damage,providing at least all of the following coverage: a. Coverage shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in pursuit of any of the activities associated with this Contract. b. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy. c. Deductible shall not exceed One Thousand Dollars($1,000). 2.4 Workers' Compensation Insurance The Contractor shall maintain during the life of the Contract, Worker's Compensation and Employers'Liability insurance providing coverage for any and all employees of Contractor: a. The required policy shall provide coverage for Workers'Compensation(Coverage A). b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability(Coverage B). 2.5 Endorsements All of the following endorsements are required to be made a part of the policies described in this Section hereof: a. "The City, City employees and officers, the City Engineer, its consultants, elected officials, agents are hereby added as additional insured insofar as Work done under this Contract is concerned." b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self-insured retention, the City may possess, and any other insurance the City does possess shall be considered excess insurance only." c. "This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company. d. "Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to: John A. Corella, P.E.,City Engineer City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 2.6 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the above stated location,identified in Section 2.5,Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified here. ATTACHMENT C CERTIFICATE OF LIABILITY INSURANCE �..41 CASTROO.02 VRAMIREZ ACX) v CERTIFICATE OF LIABILITY INSURANCE °ATE(EUDDONYTY) 100292019 10�I29R019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer fights to the certificate holder M lieu of such endoreemm�s. PRODUCER License 0 0757776 ow Virginia Ramirez HUB International Insurance Services Inc PNONE,pip;(760)36057004252 FAX (AIG,Not(760)200-5841 77584 County Club Drive,Suite 401 Palm Desert,CA 92211 rg ri inia.ramre� l hublntemUatIonal.com INSURERMI AFFORDING COVERAGE NAM C INSURER A:Told()Marine Specialty Insurance Company 23850 INSURED INSURER a:National Mutual Insurance Company 20184 Castro Roofing,Inc. assume c:State Compensation Insurance Fund of California 35076 73802 Dinah Shore Dr. D1suRat I): Palm Desert,CA 92211 INSURER 6: , INSURER F: COVERAGES CERTIFICATE NUMBER; REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BYPNCLAIMS. IMS. IV TYPE INSURANCE ADDL SUER GODVI POLICY NUR ER a�MYh�nPOUCnMAOIYWYILIMITS IDIP A X c01 ERCIAL GENERAL UABILTTY EACH OCCURRENCE 8 1,000,000 CAIMSMADE n OCCUR X PPK1928328 111012019 111012020 °p yo , $ 50,000 MED EXP(Any one persona $ 1,000 PERSONAL&ADV INJURY $ 1,000,000 GEH L AGO TE LIMIT APPLIES PER Gk IBiAL AGGREGATE 3 2,000,000 POUCY I I Z4 LOC JIRODUCTS-COMPIOP AGO $ 2,000,000 OTHR $ B AUTOMOBILE uASUUTr LCwiliatmEnstiroLE Lear : 1,000,000 X AAK(►�AEuro — ACP3009130641 12/2312018 12/23/2019 vowR,r�rpenoni $ AUTOS Drat AUTOS DULED BUottY a wnY AUTOS tPer eaddenD t X ONLY X A�Y4=e1AAGE ; - 3 A X UMBRELLA UAB �X OCCUR 2,001,M EXCESS If CLAIMS—MADE PUB8713972 813/2019 1/10/2020AGGREGATE 3 2,000,000 RETENTION C BTX STATUTE I ER ANDUP�UABLITY 9154244-2016 12/1/2018 12/1/2019 1,000,000 align/A&nN�YYPROPRIETOR/P YIN N!A EJ..EACH ACCIDENT $ Eren l n E.L.DISEASE-EA EMPLOYEE$ 1,000,000 ryet�lm�rrwmnN undernFJ7PEBAT1o�19.0a1Glr ELL DISEASE-POLICY LIMIT $ 1,000,000 r*F�IP DESCRIPTION OF ryDa� , � e..n.d+sa N mom mem a r.yun.d ProCathedral CL ,33520 tePalm DrCathedralCity, A92234 i The City of Cathedral City,City employees and officers,the City Engineer,its consultants,elected officials,agents are Included as additional insureds with regard to the General Liability policy,per the attached endorsement,as being required by written contract with the Insured. Primary and non-contributory wording applies per the attached General Liability policy endorsement 30 days written notice will be given should any of the above policies be cancelled before the expiration date. 10 days'notice applies for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORF THE EXPIRATION DATE City of Cathedral City ACCORDANCE WITH THE POLICYPROVISIONS. WILL BE DELIVERED IN 68700 Avenida Laic)Guerrero Cathedral City,CA 92234 - AUTNOREED REPREsENTATNE I 404p`rsc' 4IL ACORD 25(2016103) ®1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER:PPK1928326 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations) Locations)Of Covered Operations AS REQUIRED BY WRITTEN ALL COVERED LOCATIONS. CONTRACT PRIOR TO LOSS. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: wih respect to liability for'bodily injury", "property This insurance does not apply to 'bodily injury'or damage" "personal and advertising injury" "property damage"occurrin caused,in whole or in part,by: gafter: 1. Your acts or omissions;or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2. That portion of your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and engaged in performing operations for a 2. If coverage provided to the additional insured principal as a part of the same project. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. CG 2010 0413 ®Insurance Services Office, Inc.,2012 Page 1 of 2 C. WIth respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following Is added to Insurance shown in the Declarations; Section III—Units Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement s hall not increase the required by a contract or agreement, the most we applicable limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations amount of insurance: 1. Required by the contractor agreement;or Page 2 of 2 ©Insurance Services Office, Inc.,2012 CG 2010 0413 PIC-GLN-036(08/14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization(Additional Insured): AS REQUIRED BY WRITTEN CONTRACT PRIOR TO LOSS. Effective Date: 01/10/2019 SECTION II—WHO IS AN INSURED is amended to include as an additional insured the person(s)or organizations)shown in the endorsement Schedule,but only with respect to liability for'bodily injury,'"property damage'or"personal and advertising Injury'arising out of or relating to your negligence in the performance of 'your work'for such person(s)or organization(s)that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization(Additional Insured),except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible Insurance is available to the Additional Insured for a loss or'occurrence'we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance,as described in SECTION III— UMITS OF INSURANCE. All other terms,conditions,and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. ATTACHMENT D COST ESTIMATE/SCOPE OF WORK TR.C1t, 73802 Dinah Shore Dr.Palm Desert,CA 92211 Office: 760-202-0042 i Fax: 760-992-5204 Rc O C I NI www.CastroRoofinglnc.com License#828478 October 1,2019 City of Cathedral City 68-700 Ave. Lab Guerrero Cathedral City,CA 92234-7031 Re: Cathedral City Library 33520 Date Palm Dr. Cathedral City,CA 92234 Thank you for the opportunity to submit a proposal for your roofing needs at the above referenced property. Castro Roofing, Inc. is a full service roofing company. We have over 30 years of experience. We are a family owned and operated company that delivers in honesty, integrity and quality. We value the opportunity to earn your business. Work Description: - Remove existing roof tiles and set aside for later use. - Inspect for dry-rot,any found will be replaced at a rate of$64.00 per(4x8x%)sheet upon owner's approval. The sheathing cost is not included in this contract and will be an extra cost as we cannot foresee the condition of the sheathing.Once the roofing system is removed,we can then determine how many sheets will need to be replaced, if any. - Clean roof surface and remove all debris or any other foreign matter that may deplete the new roof system. - Substrate to be inspected for loose or non-flush nails,any found will be complete pulled out and re- nailed using a new nail. - At valley install two(2) layers of underlayment with new valley metal fastened to secure. - Over entire slope roof install two(2) layers of#40Ibs. underlayment with new saddle, bird stop,tile Pan, roof to wall,and primary pipe and vent flashing. - Install hip and ridge nail board and wrap with one layer of#40 felt. - Over waterproof roof re-install roof tiles with secondary pipe and vent flashing(all broken tiles to be replaced with new). - Install tile tie wind lock nose clips. - Mortar all hip and ridge and install tile trim. - Paint all pipe and vent flashings to match tile. - Clean all job-related debris and haul away. Contract Price Owner shall pay contractor the fixed sum for the work to be performed under this contract, subject to additions and deductions, pursuant to change orders agreed upon in writing by the parties, and subject to "allowance" as provided in this paragraph. Amount for Leak area only (non-prevailing wage): Four Thousand, Seven Hundred, Ninety-Six Dollars ($4,796.00) initials Amount for whole roof(prevailing wage): One Hundred, Sixty-One Thousand,Seven Hundred,Forty-Six Dollars ($161,746.00) initials TERM: 100%OF CONTRACT IS DUE UPON COMPLETION OF WORK, PAYMENT PLAN IS NOT PART OF THIS AGREEMENT. FINANCE FEES WILL APPLY TO ANY OUTSTANDING BALANCE. INITIALS City of Cathedral City-33520 Date Palm Dr. (Tile Reset)-Page 1 of 5 October I,2019 A SERVICE CHARGE OF ONE AND ONE-HALF PERCENT(1.5%)PER MONTH WILL BE ADDED TO ALL BALANCES OVER 30-DAYS. FOR ALL CREDIT/DEBIT CARD PAYMENT THERE IS AN ADDITIONAL 3%FOR EACH PROCESSED AMOUNT. FIVE (5) YEAR GUARANTEE ON WORKMANSHIP OVER AREAS COMPLETED BY CASTRO ROOFING, INC. ONLY GUARANTEE EXPIRES FIVE(5)YEARS FROM THE DATE OF THE INVOICE AND COMPLETION DATE. GUARANTEE DOES NOT EXTEND TO THE REMAINDER OF THE ROOF. GUARANTEE IS NULL AND VOID IF CONTRACT IS NOT PAID[N FULL AND GUARANTEE DOES NOT BEGIN UNTIL THE FULL PAYMENT IS RECEIVED. CONTRACTOR SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS GUARANTEE SHALL BE NULL AND VOID IF ANY TYPE OF WORK IS PERFORMED ON THE ROOF BY OTHERS,SUCH AS BUT NOT LIMITED TO;MAINTENANCE OR REPAIRS ON THE ROOF,SEALING OF HOLES,A/C DUCTING,PLUMBING,SOLAR PENETRATIONS, WALKING ON THE ROOF AND IF CASTRO ROOFING INC. IS NOT(A FEE MAY APPLY)IMMEDIATELY NOTIFIED TO INSPECT THE ROOF AT THE TIME THE WORK IS PERFORMED. IF CASTRO ROOFING,INC.IS CALLED OUT FOR A LEAK AND IT IS DETERMINED THAT IT DOES NOT PERTAIN TO OUR ROOF OR IS CAUSED BY OTHERS A SERVICE FEE OF$175 WILL APPLY. IF A PROPOSAL IS SUBMITTED TO REPAIR AREA THE SERVICE FEE CAN BE APPLIED TOWARDS WORK. THIS PROPOSAL DOES NOT INCLUDE ANY WATER TESTING AFTER WORK IS COMPLETED,IF WATER TESTIS REQUESTED THERE IS AN ADDITIONAL FEE THAT WILL APPLY. DEPENDING ON THICKNESS OF EXISTING SHEATHING NAILS MAY PENETRATE THROUGH THE PLYWOOD ON OUTSIDE OVERHANG. MAINTAINING THE ROOFS IS ESSENTIAL IN ORDER TO ACHIEVE NORMAL LIFE EXPECTANCY CASTRO ROOFING, INC HIGHLY RECOMMENDS SETTING UP A PROPER MAINTENANCE PROGRAM FOR AN ADDITIONAL FEE. THIS PROPOSAL WILL BE NULL AND VOID AFTER 15-DAYS FROM CONTRACT DATE. OWNER HAS THE RIGHT TO CANCEL THIS CONTRACT AFTER ACCEPTANCE UP TO THREE(3)DAYS OF ACCEPTED CONTRACT AND MUST FILL OUT AND SEND IN NOTICE OF CANCELLATION. ALL DEBRIS CAUSED FROM THE ABOVE WORK WILL BE DISPOSED AND DISCARDED. JOB TO BE STARTED IN A TIMELY MANNER ACCORDING TO CURRENT WORK SCHEDULE AND WEATHER PERMITTING. ESTIMATE DOES NOT INCLUDE DISCONNECTING AND RECONNECTING ANY ELECTRICAL, PLUMBING, GAS LINES AND MECHANICAL EQUIPMENT UNLESS OTHERWISE SPECIFIED. WE PURPOSE TO FURNISH AND APPLY LABOR,MATERIALS,PERMITS(IF APPLICABLE)TRANSPORTATION AND TOOLS NECESSARY FOR COMPLETION OF ACCEPTED ROOFING CONTRACT WORK. CONTRACTOR'S SCOPE OF WORK SHALL NOT INCLUDE THE IDENTIFICATION, DETECTION, ABATEMENT, ENCAPSULATION OR REMOVAL OF ASBESTOS OR SIMILAR HAZARDOUS SUBSTANCES INCLUDING MOLD,MILDEW AND INFESTATION OF RODENTS.IF CONTRACTOR ENCOUNTERS ANY SUCH PRODUCTS,MATERIALS OR CONDITIONS IN THE COURSE OF PERFORMING ITS WORK,OR IF SUCH HAZARDOUS MATERIALS ARE ENCOUNTERED BY ANY OTHER FIRM PERFORMING WORK AT THE JOBSITE AND CONTRACTOR DETERMINES THAT SUCH MATERIALS PRESENT A HAZARD TO ITS EMPLOYEES,CONTRACTOR SHALL HAVE THE RIGHT TO DISCONTINUE ITS WORK AND REMOVE ITS EMPLOYEES FROM THE JOBSITE UNTIL SUCH PRODUCTS OR MATERIALS, AND ANY HAZARDS CONNECTED THEREWITH, ARE LOCATED AND ABATED, ENCAPSULATED OR REMOVED, OR IT IS DETERMINED THAT NO HAZARD EXISTS(AS THE CASE MAY REQUIRE),AND CONTRACTOR SHALL RECEIVE AN EXTENSION OF TIME TO COMPLETE ITS WORK HEREUNDER AND COMPENSATION FOR DELAYS ENCOUNTERED AS A RESULT OF SUCH SITUATION AND CORRECTION.DUE TO THE POSSIBILITY OF MOLD,MILDEW AND RODENTS BEING PRESENT BEFORE,DURING OR AFTER OUR WORK,CONTRACTOR'S SCOPE OF WORK SHALL NOT INCLUDE THE IDENTIFICATION, DETECTION OR THE REMOVAL OF MOLD, MILDEW AND RODENTS.OWNER AGREES TO HOLD CONTRACTOR HARMLESS,AND SHALL INDEMNIFY CONTRACTOR HARMLESS FOR ANY MOLD OR RODENT RELATED CLAIMS IN THE FUTURE ANY CHANGES TO ORIGINAL CONTRACT WILL BE ADJUSTED AND MUTUALLY AGREED BEFORE CONTRACTOR PERFORMS WORK AND SUBMITTED[N A WRITTEN FORM OF A CHANGE ORDER DURING THE ROOFING PROJECT CONTRACTOR WILL MAKE ALL ATTEMPTS TO MINIMIZE,BUT WILL NOT BE RESPONSIBLE FOR DIRT,ROCK,MATERIAL,OR DEBRIS THAT MAY FALL INTO LIVING AREAS. IF OWNER SHOULD CAUSE DELAY TO THE CONTRACT WORK, OWNER SHALL BE LIABLE FOR ALL LOSSES, COST, EXPENSES, LIABILITIES AND DAMAGES,INCLUDING CONSEQUENTIAL DAMAGES AND LIQUIDATED DAMAGES,SUSTAIN BY CONTRACTOR, OR FOR WHICH CONTRACTOR MAYBE LIABLE TO ANY OTHER PARTY BECAUSE OF OWNER DEFAULT. CONTRACTOR DOES NOT ASSUME ANY RESPONSIBILITY FOR CORRECTION OF EXISTING CODE VIOLATION OR FOR REPAIRS OF ANY EXISTING STRUCTURAL DEFECT UNLESS SPECIFIED IN THE PROPOSAL. CONTRACTOR DOES NOT INCLUDE ARCHITECTURAL,ENGINEERING OR EXTRA WORK IF REQUIRED BY THE CITY. PROPOSAL DOES NOT INCLUDE ANY BEFORE OR AFTER PHOTOS. IF REQUIRED THEY MUST BE REQUESTED PRIOR TO WORK COMMENCEMENT FOR AN ADDITIONAL FEE. INITIALS City of Cathedral City-33520 Date Palm Dr. (Tile Reset)-Page 2 of 5 October 1,2019 IN THE EVENT A LAWSUIT IS BROUGHT TO ENFORCE THE TERMS OF THE CONTRACT,THE PREVAILING PARTY SHALL RECOVER ALL COSTS EXPENDED,INCLUDING ANY ATTORNEY FEES AS AN ELEMENT OF COST. IF A COLLECTION AGENCY OR ATTORNEY IS USED TO RECOVER FUNDS OWNER/AGENT WILL BE RESPONSIBLE FOR ALL ADDITIONAL FEES INCURRED. INFORMATION ABOUT THE CONTRACTS STATE LICENSE BOARD(CSLB).CSLB IS THE STATE CONSUMER PROTECTION THAT LICENSES AND REGULATES CONSTRUCTION CONTRACTORS. CONTACT CSLB FOR INFORMATION ABOUT THE L AGY CEN ED CONTRACTOR YOU ARE CONSIDERING,INCLUDING INFORMATION ABOUT DISCLOSABLE COMPLAINTS,DISCIPLINARY ACTIONS AND CIVIL JUDGMENTS THAT ARE REPORTED TO CSLB. USE ONLY LICENSED CONTRACTORS. IF YOU FILE A COMPLAINT AGAINST A LICENSED CONTRACTOR WITHIN THE LEGAL DEADLINE (USUALLY FOUR YEARS), CSLB HAS AUTHORITY TO INVESTIGATE THE COMPLAINT.IF YOU USE AN UNLICENSED CONTRACTOR.,CSLB MAY NOT BE ABLE TO HELP YOU RESOLVE YOUR COMPLAINT.YOUR ONLY REMEDY MAY BE IN CIVIL COURT,AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE UNLICENSED CONTRACTOR OR THE UNLICENSED CONTRACTOR'S EMPLOYEES.FOR MORE INFORMATION: VISIT CSLB'S WEBSITE AT W W W.CSLB.CA.GOV CALL:CSLB AT 1-800-321-CSLB(2752)WRITE CSLB AT P.O.BOX 2600,SACRAMENTO, 4 CA 95826 IF THIS CONTRACT MEETS WITH YOUR APPROVAL,PLEASE INDICATE YOUR ACCEPTANCE BY INITIALING ALL PAGES(BOTTOM RIGHT) AND SIGNING (BOTTOM RIGHT) LAST PAGE AND RETURNING TO OUR OFFICE BY EMAIL, MAIL, OR FAX. WE LOOK FORWARD TO WORKING WITH YOU. YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS AGREEMENT,SIGNED BY BOTH YOU AND THE CONTRACTOR, BEFORE ANY WORK MAY BE STARTED ( INITIALS City of Cathedral City-33520 Date Palm Dr. (Tile Reset}Page 3 of 5 October 1,2019 THREE (3) DAY NOTICE OF CANCELLATION You may cancel this transaction,without any penalty or obligation, within three(3) business days from the above date. If you cancel, the seller of your cancellation notice will return any down payment made by you under the contract within 10 days following receipt,of this cancellation notice. If you cancel, you must make available to the seller at your residence any material, in substantially as good condition as when received, and in a timely manner, any goods delivered to you under this contract. Any restocking fees will be non-refundable. If you do make the goods available to the seller and the seller does not pick them up within 20-days of the date of your notice of cancellation,you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so,then you remain liable for performance of all obligations under the contract. To cancel this transaction,e-mail,fax,or mail a signed and dated copy of this cancellation notice,or any other written notice. Reason for Cancellation: I hereby cancel this contract on: For the property located at: (DATE) (ADDRESS) (ADDRESS) (NAME OF OWNER) (SIGNATURE) INITIALS City of Cathedral City-33520 Date Palm Dr. (Tile Reset)-Page 4 of 5 October 1,2019 NOTICE TO OWNER PROVIDED IN ACCORDANCE WITH SECTION 7018.5 OF THE BUSINESS AND PROFESSIONS CODE Under the California Mechanics' Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property,but is not paid for his or her work or supplies,has a right to place a lien on your home,land,or property where the work was performed and to sue you in court to obtain payment. This means that after a court a court officer could sell hearing your home, land, and property and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor's subcontractors, laborers,or suppliers remain unpaid. To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a"Preliminary Notice."Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights,a contractor,subcontractor, supplier, or laborer must file a mechanics' lien with the county recorder, which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project. TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY,YOU MAY WISH TO TAKE ONEOR MORE OF THE FOLLOWING STEPS: (1)Require that your contractor supply you with a payment and performance bond(not a license bond),which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for your further protection. The payment and performance bond will usually cost from 1 to 5 percent of the contract amount depending on the contractor's bonding ability. If a contractor cannot obtain such bonding,it may indicate his or her financial incapacity. (2) Require that payments be made directly to subcontractors and material suppliers through a joint control. Funding services may be available, for a fee, in your area, which will establish voucher or other means of payment to your contractor. These services may also provide you with lien waivers and other forms of protection. Any joint control agreement should include the addendum approved by the registrar. (3) Issue joint checks for payment, made out to both your contractor and subcontractors or material suppliers involved in the project. The joint checks should be made payable to the persons or entities which send preliminary notices to you. Those persons or entities have indicated that they may have lien rights on your property, therefore you need to protect yourself. This will help to insure that all persons due payment are actually paid. (4) Upon making payment on any completed phase of the project, and before making any further payments, require your contractor to provide you with unconditional "Waiver and Release" forms signed by each material supplier, subcontractor, and laborer involved in that portion of the work for which payment was made. The statutory lien releases are set forth in exact language in Section 3262 of the Civil Code. Most stationery stores will sell the "Waiver and Release" forms if your contractor does not have them. The material suppliers,subcontractors,and laborers that you obtain releases from are those persons or entities who have filed preliminary notices with you. If you are not certain of the material suppliers, subcontractors, and laborers working on your project,you may obtain a list from your contractor. On projects involving improvements to a single-family residence or a duplex owned by individuals, the persons signing these releases lose the right to file a Mechanic's lien claim against your property. In other types of construction, this protection may still be important,but may not be as complete. To protect yourself under this option,you must be certain that all material suppliers, subcontractors, and laborers have signed the "Waiver and Release" form. If a mechanics' lien has been filed against your property, it can only be voluntarily released by a recorded "Release of Mechanics' Lien " signed by the person or entity that filed the mechanics' lien against your property unless the lawsuit to enforce the lien was not timely filed. You should not make any final payments until any and all such liens are removed. You should consult an attorney if a lien is filed against your property. Submitted by: 'ow• Accepted By: Eric Castro- Estimator Print Name- Title Accepted Date: Acceptance: Signature City of Cathedral City-33520 Date Palm Dr. (Tile Reset)-Page 5 of 5 October I,2019