Petronella Roof/Sports Complex 05
EROOFING
SPECIALISTS
Corporate Office:
2626 Newport Blvd.
Costa Mesa, CA 92627
949.548.1645 / Fax: 949.548-2617
License #460707
Desert Office:
68-314 Kieley Road
Cathedral City, CA 92234
760.324.5482/ Fax: 760.328.4612
PETRONELLA ROOFING hereinatkr called "Contractor" and/or "Seller"' agrees to pro\ ide the follo\\ing listed labor material,; and cOllstrlletioll:
NAME / OWNER:
CITY OF LA QUINT A
PHONE NO:
REROOF PROJECT ADDRESS: 49925 PARK AVENUE
CITY, STATE & ZIP CODE LA QUINT A, CA. 92253
BILLING ADDRESS:
P.O. BOX 1504 78-495 CALLE T AMPICO
CITY, STATE & ZIP CODE:
LA QUINT A, CA. 92247-1504
ADDITIONAL PHONE NUMBER:
FAX NUMBER:
( )
DESCRIPTION OF LABOR MATERIALS AND MISC.:
'j')
1. 1" RETRO-FIT EVERCOAT POL YTHANE SPRAY APPLIED POLYURETHANE FOAM
ROOFING SYSTEM.
2. SPRAY APPLIED ELASTOMERlC ACRYLIC COATING SYSTEM.
Cost.............................................................................................. $ 9,930.00
SPECIAL INSTRUCTIONS:
srHFnITT.F OF FXTRAS
I. Replace damaged plywood at $2.50 per S.F. as required by City
Inspector.
2. Any electrical or plumbing work will be billed at $75.00 per man per
hour.
CONTRACT TERMS:
10% Upon Award of Contract
40% Upon Tear Off
50% Upon Completion
ntv\! FOR ST.\RTIN(, AND C01\IPLFTIN(j PROJECT \\or" Shall commence \\ithin ten 110) da" trom the date of sale unless specitied othef\\ise
and be substantialh completed in appro"imateh ten ( 10 \\()r"ing days \\ ith additional time to be as detailed 111 Paragraph 9. of the
~nns.colldltiolï'; aJ~·:¡\Jotiœ to-O\\ller" on the back hereof Substantial C() nm~ncemçnt of \\ork shall be ddlned as the installation of an\ materials and or labor
Contractors failure to substantial" e,)mmelKe \lork. \lithout la\\ful e'\euse. \IIthll1 t\lellt\ I~O) daIs 1Ì"l)m the date specilled. abo,e is a \I(llation of the ContractlHs
l.iLèllSI.: La\\
NOTICE TO Stl'rTR' II) Do not sign this agreement bd()re \OU read it (21 You are entitled to a completeh tilled in COPy of this agreement (J) O\\Iler
J,utlwrized Responsible part\ aC"IIl'" ledges that he she has read and reèèl\cO a legible èOp\ of the this agreement signed 11\ Contractor. IIlcluding all Terms.
COlllil(ions and '"Notice to (hmer" on (he reverse side. bdi.m: anI \I or" II<IS done and that he she has read and receil cd a legible eop\ of e\ en d,'cument that ( hmer
AuthllriZed Responsible part\ has signed during the negotiations (-II '1'011. TilL I3lIYER. 1\L\ 'I' C.\NCEI TillS TRANSACTION AT ANY TII\H: PRIOR TO
MIDNIGIIT OF THE TIIIRD StlSINESS DAY .\HER THE DATE OFntlS lR\NSACTION BY NOTIFYING THE SELLER. IN \\RITING. AT TIfE ABI ¡VI
M)\)RESS IN TIfE FVENT YO! I THE Stl'rTR FAILS T() EXERCISE TillS RIGHT AND S\ IBSH)IIENTL 'I' ATTEMPTS T() CANCEl TIllS CONTRACI
.\FTlR TIlE ErECTI\T: D\TF IF RECISION THE ("ONTR.\CTI ¡R SHALL BE ENTITLED TO RECOVER ALL COSTS AND LOST PROf· ITS ,\SSOCL\TID
\\TIIITIIIS CONTRACT ()ì YOli. .\S OWNER OR TEN\NT. II.\\'!: TlIl RI(iIfI Ie) RH)l1IRI IIIL CONTR.\CTOR TO IL\VE.\ I'FlU01\L\NCT .\ND
1'.\ Y1\ILNT BOND I)\{ r\ INDIN( i c< ¡NTR()
O. ~ RESPONSIBLlE P"..RTY
, ofvt45 /? G6-.NC)\..~"'-
0.". ner / Responsihle Part~: prin~'\allle
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Owner / Respnnsihle Part~: Si1!nature
CONTRACTOR (SELLER)
CONTRACT PRICE
Orren Burns
Petronella Roofin1! Authorized Representatiw: Print '\ame
$ 9,930.00
$ 993.00 ,
Petronella Roofin1! Authorized Representatiw: Si1!nature
.July 20, 2005
()a te of Sa Ie
rJate of Sale
I. LICENSING:
Contractor is duly licensed wIder the laws and statutes of the State of California.
"CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED
BY THE CONTRACTORS STATE LICENSE BOARD."
ANY QUESTIONS CONCERNING A CONTRACTOR MAYBE REFERRED TO THE
REGIStRAR, WHOSE ADDRESS IS: CONTRACTORS STATE LICENSE BOARD, 1020
'N' STREET, SACRAMENTO, CALIFORNIA, 95814.
2. SPECIFICATIONS AND PERMITS:
The project will be installed according to specifications that have been examined by O\\'Iler
and that have been or may be signed by the parties to this contract. Unless otherwise
specifically provided in the specifications, Contractor will obtain and pay tor all required
building permits.
3. R"EQUIREMENTS OF PUBLIC BODIES:
Unless specifically included, work does not include and changes or alterations from the
spe. cifications, which may be required by any public, body utility or inspector. Contractor, at
Contractor's option, may alter specifications only so as to comply with requirements of
Governmental Agencies having jurisdiction over same. Any alteration undertaken to further
this end shall be treated as Extra.
4. FINANCING:
Owner is responsible for obtaining any tinancing he / she deems necessary. Owner
represents that he / she has arranged sufficient financing to comply with this agreement.
Contractor may, at his/her option, assist or provide such financing as requested and approved
by owner. If Contractor provides financing for Owner, Contractor shall have the right to sell,
assign or transfer the security note, trust deed and / or lien contract to any other party, entity
or institution of his / her choice. Contractor may, at his / her option, terminate this contract
without liability if any institutional lender of Contractor disapproves of Owner's credit and
O\\'Iler is so notitied in writing within 15 days fÌ"om date thereof.
5. WORK ALLOWANCE, CONFLKT, ABNORMAL CONDITIONS:
A reasonable allowance on all dimensions shall be allowed. All sizes are outside
approximate sizes. In the event of any conflict between sketches, renderings, views, pictures,
plans, blueprints, etc. and this Agreement, then this Agreement shall be controlling.
Contractor tS not responsible for any existing illegal conditions and mav, but is not obligated
to, correct same, and any and all such work if required by public bodíes shall constitute an
Extra and shall be paid for the same as any other Extra.
6. EXTRA WORK CHANGES:
If Owner or responsible pany, Construction Lender, or any public body or inspector directs
any modification or addition to the work covered by this contract, the amount for such extra
work shall be determined in advance, and the cost shall be added to the contract price, plus
contractors usual fee for overhead and profit. Payments for extra work will be made as the
extra work progresses, concurrentlv with payments made under payments scheduled.
Contractor shall do no extra work without the prior written authorization of the owner or
responsible party. Any such authorization shall show the agreed terms and shall be approved
by both parties.
7. CHANGE ORDERS, AMENDMENTS AND MODIFICATIONS:
Any subsequent amendment, modification or agreement, which operates to alter this contract
and which is signed or initialed by Contractor and Owner or Responsible Party, shall be
deemed a part of this contract and shall be controlling in case of conflict to the extent that it
al ters this contract.
S. ELECfRIAL SERVICE:
Unless specifically included herein. no change is contemplated in the existing electrical
service panel or writing. Further, the existing wiring system is assumed to be, and
represented by Owner as being adequate to carry load imposed by specified work. Any work
necessary to correct such existing conditions shall be an Extra and shall be dealt with under
the provisions of "Paragraph 6" as above.
9. EXTRA TIME:
Contractor agrees to start and diligently pursue work through to completion, but shall not be
responsible for delavs for any of the following reasons: failure of the issuance of all
necessary building pè"rmits within a reasonabte length of time, funding ofloans, disbursement
of tùnds into funding control or escrow, acts of neglect or omission of Owners or Owner's
employees or Owner's Agent, acts of God, stormy or inclement weather, strikes, lockouts.
boycotts, or other labor union activities, extra work ordered by Owner, acts of imposition of
Government priority or allocation of materials, failure of Owner to make payments when due,
or delays caused by inspection or changes ordered by inspectors of authorized governmental
bodies, or for acts of independent contractors, or holidays, or other causes beyond
Contractor's control.
10. INSURANCE:
Contractor will carry Worker's Compensation insurance to protect Contractor's employees
during the progress of the work. Owner shall obtain and pay for insurance against injury to
his own employees and persons under Owner's direction and persons on the job site at
Owner's invitation.
]], GUARANTn: OF WORKMANSHIP:
Contractor guarantees that all materials furnished by him / her will be standard quality fÌ"ee
from defects and will be installed or applied in a good and workmanlike manner. Such labor
and materials guaranteed for a period per specitications when subject to normal use and care
and provided Owner has complied in full with terms and pa}ments and other conditions of
this contract. The liability of the Contractor for defective material or installation under this
guarantee is hereby limited to the replacement or correction of said defective material and/or
mstallation, and no other claims, or demands whatsoever shall be made upon or required to
be allowed by the contractor.
However, equipment, assemblies, or unit~ purchased by Contractor included in this contract
are sold and installed subject to the manufacturer's or processor's guarantee or warranties and
not Contractor's.
12. COMPLETION:
Owner agrees to sign and record a Notice of Completion within five (5) days after the project
is completed. Owner understands and acknowledges that the last regular building inspection
for which Contractor is obligated shall determine completion and acceptance of said work. If
O\\'Iler fails to so record the Notice of Completion, then Owner hereby appoints Contractor as
O\\'Iler's agent to sign and record a Notice of Completion on Owner's behalf This agency is
irrevocable and is an agency coupled with an interest.
If a funding control service is utilized then Contractor and Owner hereby agree that the
funding control service shall be appointed as Owner's agent to sign and record a Notice of
Completion on O",ner's behalf
13. NOTICE:
Any notice required or permitted under this contract may be given by ordinary mail at the
address contained in this contract but such address may be changed by written notice from
one party to the other from time to time. Notice shall be considered received one (I) day
after depositing in the mail, postage prepaid.
]4. INTEGRATION CLAUSE:
This agreement including all its terms and conditions shall become binding only upon the
execution of the same by the Owner and an officer or principal of the Contractor, and this
contract including documents incorporated herein by reference, constitutes the entire
agreement of the parties. No other agreements, oral or wTitten, pertaining to the work to be
performed under this contract exists between the parties. OWner(s) acKnowledge that in
accepting the above, they have entered into a Contract only with the Contractor herein named
and whose address is herein stated, and that the said Contractor is acting on his own behalf as
principal and not as the express, implied, actual or osten~ible agent of any other Company or
Contractor bearing the same or similar name as that of the Contractor.
]5. GOVERNING LAW:
This agreement shall be construed in accordance with, and governed hy the laws of the State
of Cahfornia.
16. TERMS OF SALE:
I Acceptance of this contract by the Buyer constitutes agreement to the terms as set
forth below.
Payment in full shall be due upon completion of job ("Completion" the last day of
actual labor performed on the job).
Past due accounts are those unpaid after job is completed.
Buyer agrees to pay a service charge of 1.5% per month (18% per annum) on all past
due balances.
Buyer agrees to pay to Seller a sum for actuat attomey fees and cost~ incurred in
e orcing any of the terms herein or in collection sums which may become due
in. Iflitigation b necessary and Seller is the prevailing party therein.
ER / RE N BL PARTY
TERM, CONDITIONS AND "NOTICE TO OWNER"
17. LEGAL FEES:
In any legal action on this contract, the prevailing party shall be entitled to reasonable
attornev's fees and costs.
18. "NOTICE TO OWNER":
THE LAW REQUIRES TRA T, BEFORE A LICENSED CONTRACTOR CAN ENTER
INTO A CONTRACT WITH YOU FOR A WORK OF IMPROVEMENT ON YOUR
PROPERTY, HE MUST GIVE YOU A COPY OF THIS NOTICE.
Under the Mechanics' Lien Laws of the State of California. persons who help to improve
your property and are not paid have a right to enforce their claim against your property.
This claim is known as a Mechanics' Lien. Basically, when somebody files a Mechanics'
Lien, they are making a claim on your property as security against payment of a just debt.
In other words. this law allows contractorS, subcontractors¡ laborers, matenalmen, or
certain others who may have provided goods or services to p ace a lien on your home or
the structure they built or improved tor you for any unpaid portion of the goods and
services thev furnish. For example. if you fail to pay vour contractor, or ifvour contractor
fails to pay'his subcontractor or laborers, or neglect~' to make required coñtributions to a
trust and/or other funds (where applicable), then those people can look to your property
tor payment EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL.
There are a number of ways to protect yourself and your property at the onset of
contracting and throughout the construction project. You might, for instance request that
the contractor furnish you with a pa}ment and performance bond. (This is a different
bond than the one currently required by Contractors License law.) The additional cost is
usually minimal and is a certain guarantee that the project will be completed and the bills
paid. You may also wish to record this payment and performance bond and file the
contract with the County Recorder to further protect yourself from anyone liening your
property. If you do have a contractor provide a special bond on your project and the
bonding company does not honor your claim promptly in the event the contractor defaults,
you may wish to contact the California Insurance Commission to see if the bonding
company is engaging in an unfair claims practice.
Another avenue available to you is to use a tùnding control company. The control
company acts as a third party, disbursing all tùnds for payment and usually securing all the
necessary releases of a lien. A funding control company is a speciahzed construction
escrow which makes payment directly to subcontractors and suppliers. By doing this, it
affords additional protection against valid liens.
Should you choose not to use the above, the following are some of the important time
requirements you should be aware of regarding the Mechanics Lien Laws:
A PRELIMINARY NOTICE
A claiman~ contractor, subcontractor, or materialman is entitled to enforce a
lien only ir he gives the preliminary twenty (20) days notice, if applicable.
All cIaimant~, other than the original contractor (the person you contracted
with), or a laborer perfonning actual labor for wages must give this notice.
Therefore people. who you may not even know, such as a contractor or a
material supplier, must notifY you that they are providing supplies or
services to your property which may later create a hen. This Preliminary
Notice must be given no later than twenty (20) days after the claimant ha~
tirst furnished labor, services, equipment or material to the job site.
B. NOTICE OF MECHANICS LIEN
Usually claimants must record a Notice and Claim of Lien within ninety
(90) days of the completion or the work, if a Notice of Completion, or a
Notice of Cessation of Labor ha~ been recorded, then the Mechanics' Lien
must be recorded within sixty (60) days by the original contractor and
within thirty (30) days by all other claimants such as subcontractors,
materialmen, etc. The claimants must indicate on the notice what is owed to
them. This lien will now bind your property like a mortgage or trust deed.
C. COMPLAINT TO FORECLOSE A MECHANICS' LIEN
If the claimants' demands are not satisfied, then they must usually file suit
within ninety (90) days after the recordation of a Notice of Mechanics'
Lien. The complaint to foreclose the lien is filed in a regular court
proceeding and follows in a similar manner. YOU SHOULD BE AWARE
THAT YOUR PROPERTY COULD BE SOLD AND THE PROCEEDS
FROM THE SALE USED TO SA 11SFY THE CLA 1M.
D. NOTICE OF NON-RESPONSIBILITY
You can protect yourself and your property from a valid claim of a
contractor, or subcontractor who is doing work on your property but not at
your request (for example, if you have a tenant who has contracted for work
to be done). You can do this by posting and recording a Notice of Non-
Responsibility. The notice must be posted in a conspicuous place within ten
(10) days after you have obtained knowledge of the work. You must then
record the notice at the County Recorder's office. You can usually purchase
this form from various sources.
E. UNCONDITIONAL LIEN REIÆASE
You may also require that the original contractor provide you with
unconditIOnal lien releases signed by each and every person who has
perfonned any work or labor as well as every person who has delivered any
materials to your job. Be sure to get releases fÌ"om each person who gave
you a Prelimmary Notice.
F. NOTICE OF COMPLETION
The owner of the property or his agent (sometimes the general contractor)
can record a Notice of Completion within ten (10) days following the actual
completion of the work or improvement. the effect of the Notice of
Completion is to shorten the time period within which the contractors or
subcontractors may file their Mechanics' Lien.
The above is not meant to be an exhaustive review of Mechanics' Liens. It
is intended that you understand that you are entering into a contract which
may bind your property and it is intended that you understand how to act to
protect your property and it is intended that you understand how to act to
protect your property.
]9. TAXES AND/OR CREDITS
Owner(s) understand that application for State and/or Federal tax incentives (credits),
and/or utility grants or credits which mayor may not apply to this transaction are their sole
responsibility. Contractor cannot advise owner regarding his qualifications for tax
incentives (credits) that mav pertain to this transaction, but has recommended that specific
applications or current tax (aws or regulations should only be done under the direction of a
competent tax advisor. In addition, Owner acknowledges that any interest, rebates and/or
refunds of system costs, or grants or credits provided by a public or private utility or entity
should be deducted trom the price shown on this agreement to determine the cost of this
transaction.
20. SIGNS
O\\'Iler hereby grant~ Petronella Roofing the right to display his signs at the site.
2]. PHOTOS
Owner hereby grants Petronella Roofing without further written authorization, the right to
use aerial or surface photos of the job to be used in advertising. Owner grants contractor
the right to publish the project street address on a "retèrence" list or other advertising
which may be given to prospective customers.
22. NO ROOFING IS S{JJTABLE FOR USE ON A WALK DECK:
RoofinZ applied in these are.as is applied in accordance with owner's specìtications.
Petronella Rooting assumes no liabihty or responsibility for leaks or damages in these
areas.
23. WARRANTY EXCLUSIONS:
Warranty extends to applied roofing only, and does not extend to skylights, satellite dishes
air conditioning units, conduits, gutter, drains or other similar eqUIpment. Owner (s) or
responsible party assumes all liability and responsibility for leaks / damage in these area~.
DISCLAIMER
Petronella Roofing will not assume or accept responsibility for any damage to the structure which
may occur duòng demolition or construction resulting from a change in weather, including.. but
not limited to. rain, sleet, snow, haiJ or wind_
PetroneUa Roofing shall not be responsible for any damages resulting trom leakage but shaH
repair said leakage as guaranleed by tbe terms of the contract.
Petronella Roofing will not assume or accept any responsibility for the effects of any preexisting
asbestos condition on the suhject property, which may be erupted by roof demolition
Any condition or damage referenced in the three (3) preceding paragraphs of this disclaimer shall not be
the responsibility ofPetroneJla Roofing but $hall be the sole responsibility of the owner of the struL1ure
2.
3.
4.
5.
ne / esponsible Party: Signature
??-i(, -t) S-
Date of Sale
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1.
3.
CONTRACTOR (SELLER)
Petronella Roofing Authorized Representative: Sigpature
Date of Sale