12-1225 (RER)P.O. BOX 1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
Application Number: ( 12-00001225
Property Address: 52055 EISENHOWER DR
APN: 773-225-014-3 _000000 -
Application description: REMODEL - RESIDENTIAL
Property Zoning: COVE RESIDENTIAL
Application valuation: 17917
Applicant:
T414t 4 4 Q"
Architect or Engineer:
PIP
BUILDING & SAFETY DEPARTMENT
BUILDING PERMIT
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm under penalty of peri y t at 1 am licensed under ovisions of Chapter 9 (commencing with
Section 7000) of Division 3 of the 8 i s and P fession lea d my License is in full force and effect.
License Class: B Li e N .: 9261/9/0
ntractor• I
OWNER -BUILDER DECLARATION
I hereby affirm under penalty of perjury that I am exempt from the Contractor's State License Law for the
following reason (Sec. 7031.5, Business and Professions Code: Any city or county that requires a permit to
construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for the
permit to file a signed statement that he or she is licensed pursuant to the provisions of the Contractor's State
License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code) or
that he or she is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by
any applicant for a permit subjects the applicant to a civil penalty of not more than five hundred dollars ($500)•:
(_ I I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and
the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The
Contractors' State License Law does not apply to an owner of property who builds or improves thereon,
and who does the work himself or herself through his or her own employees, provided that the
improvements are not intended or offered for sale. If, however, the building or improvement is sold within
one year of completion, the owner -builder will have the burden of proving that he or she did not build or
improve for the purpose of sale.).
(_ 1 I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec.
7044, Business and Professions Code: The Contractors' State License Law does not apply to an owner of
property who builds or improves thereon, and who contracts for the projects with a contractors) licensed
pursuant to the Contractors' State License Law.).
(_) I am exempt under Sec. , B.&P.C. for this reason
Date:
Owner:
CONSTRUCTION LENDING AGENCY
I hereby affirm under penalty of perjury that there is a construction lending agency for the performance of the
work for which this permit is issued (Sec. 3097, Civ. C.).
Lender's Name:
Lender's Address:
LQPERMIT
Owner:
RW REAL ESTATE
PO BOX 447
LA QUINTA, CA 92253
CSI
Contractor:
HUITRON CONSTRUCTION
50427 RIGO COURT
COACHELLA, CA 92236
(760)398-3227
Lic. No.: 926190
VOICE (760) 77 -
FAX (760) 777-7011
INSPECTIONS (760) 777-7153
Date: 10/12/12
OCT 12 ZO1Z
C01'ynrt
WORKER'S COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
_ I have and will maintain a certificate of consent to self -insure for workers' compensation, as provided
for by Section 3700 of the Labor Code, for the performance of the woik for which this permit is
issued.
I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor
Code, for the performance of the work for which this permit is issued: My workers' compensation
insurance carrier and policy number are:
Carrier STATE FUND Policy Number 0013718-2011
I certify that, in the perform - ce of the work for which th' permit is issued, I shall not employ any
person in any manna so to bacLhwith
t to the v orkers' Parise ion laws of California,
and agree that, if I s ul ecomethew rs' co ensation provisions of Section
3700 of the Labor C , I hall fply those ovisions.
Uat'e o — �2— licant: -
WARNING: FAILU E TO SECU?11MINAL
S' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL
SUBJECT AN EMPLOYER TOC PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND
DOLLARS (5100,0001. IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN
SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
APPLICANT ACKNOWLEDGEMENT
IMPORTANT Application is hereby made to the Director of Building and Safety for a permit subject to the
conditions and restrictions set forth on this application.
1. Each person upon whose behalf this application is made, each person at whose request and for
whose benefit work is performed under or pursuant to any permit issued as a result of this application,
the owner, and the applicant, each agrees to, and shall defend, indemnify and hold harmless the City
of La Quinta, its officers, agents and employees for any act or omission related to the work being
performed under or following issuance of this permit.
2. Any permit issued as a result of this applicati n bAcomes null and void if work is not c maned
a r
within 180 days from date of issuance of s h mit, or cessation of work for 180 ays will subject
permit to cancellation.
I certify that I have read this application and state that t a o e informton s correct. Icomply ith all
city and county ordinances and state laws relating to bu' di g c nstructid hereby autho i eprese atives
offtthis county to enter upon the above-mentioned prop y for sp ct'ooses.
Date: ature (Applicant or Ag t:
Application Number . . . . . 12-00001225
Permit . .
. BUILDING PERMIT
Additional desc .
Permit Fee . . .
. 189.00 Plan Check Fee
122.85
Issue Date . . .
. Valuation . . .
. 17917
Expiration Date .
. 4/10/13
Qty Unit Charge Per
Extension
BASE FEE•
45.00
16.00 9.0000 THOU BLDG 2,001-25,000
----------------------------------------------------------------------------
144.00
Permit . .
. WALL/FENCE PERMIT
Additional desc .
.
Permit Fee . . .
. 39.00 Plan Check Fee
00
Issue Date . . .
. Valuation . . .
. 1679
Expiration Date .
. 4/10/13
Qty Unit Charge Per
Extension
BASE FEE
15.00
12.00 2.0000 HND BLDG 501-2,000
24.00
----------------------------------------------------------------------------
Special Notes and
Comments
66. L.F. 5' GARDEN
WALL, 10 L.F. 6'
GARDEN WALL, CITY
STANDARD. CHANGE -OUT 6
WINDOWS, 2 PATIO DOORS TO FRENCH DOORS.
2010 CODES.
----------------------------------------------------------------------------
Other Fees . . .
. . . . •• BLDG STDS ADMIN (SB1473)
1.00
ENERGY REVIEW FEE
12.29
STRONG MOTION (SMI) - RES
1.79
Fee summary
-----------------
Charged Paid Credited
----------
Due
Permit Fee Total
------------------------------
228.00 .00 .00
228.00
Plan Check Total
122.85 .00 .00
122.85
Other Fee Total
15.08 .00 .00
15.08
Grand Total
365.93 .00 .00
365.93
LQPERMIT
1�
Tq�,r 5 e -A Wl-J
1,2
CITY OF LA QUINTA
BUILDING & SAFETY DEPT.
APPROVED
FOR CONSTRUCTION
DATE/J�y_�/a
----------------------
Prescriptive Certificate of Compliance: Residential CF -IR -ALT
Residential Alterations Pae 1 of 5
Project Name:--�` ',A
� � Climate Zone # # of Stories
oW�
General Information
Site Address:
Enforcement Agency:
Date:
Building Type Single Family ❑ Multi Family
Circle the Front Orientation: N, E, S, W, or degrees
Conditioned Floor Area (CFA):
Project Type: ❑ Alterations ❑ Envelope ❑ Fenestration ❑ Roof ❑ HVAC
ID' or Type' and Size or Other factor' Numbers R-value6 R -Value?
Replacement or Change Out ❑ Duct Replacement ❑ Water Heater
NOTE: This form is not to be used for Newly Constructed Buildings or Additions
Insulation Values For Opaque Surfaces (for Furring use the Mass and Furring Strips Construction table below)
Assembly Alteration
❑ Opening of framed cavity alone— Alterations that involve the opening of the framed cavity of a wall, ceiling, or floor must install the
mandatory minimum insulation value per §150 for the altered assembly. Fill in Columns A —C and enter mandatory insulation value in Column H.
❑ Replacement of entire assembly— Replacement of an entire wall, ceiling, or floor assembly requires the installation of Component
Package- D insulation values in Table 151-C. Fill in Columns A — J.
Opaque Surface Details For the furred portioned of Mass Walls see Furring Strips Construction Table below.
A B I C D E F G H I I J
Proposed ' °te Standard Values From JA4
Table
Framing Thickness, Framed Continuous
JA4 Proposed
Tag/ Assembly Name Material Spacing, U- JA4 Table Cavity Insulation
Assembly Assembly
ID' or Type' and Size or Other factor' Numbers R-value6 R -Value?
Cell Value U-factor9
Assembly
Name or
T
U
R
j
JA4 Table ? H
Number3 ¢ 0
N _
0
c g 2 F_o
v a E E o t
c E E 'U. W
e >>
¢
Note: For furred assemblies, accounting for Continuous Insulation R -value, see Page JA4-3 and Equation 4-1. For calculating furred walls use the Mass and
Furring Construction table below.
1. For Tag/ID indicate the identification name that matches the building plans.
2. Indicate the Assembly Name or type: Roof/Ceiling, Walls, Floors, Slabs, Crawl Space, Doors and etc ... Indicate the Frame type and Size: For
Wood. Metal, Metal Buildings, Mass, enter 2x4, 2x6, or etc... see JA4 for other possible frame type assemblies.
3. Enter the thickness for mass in inches or Spacing between framing members enter; 16 "or 14 "OC; or Other for all other assembly description .
such as Concrete Sandwich Panel, Spandrel Panel, Logs, Straw Bale Panel and etc....
4. Based on the Climate Zone; enter the Standard U factor from Table 151-B, C or D for each different assembly Name or type.
5. Enter the Table number that closely resembles the proposed assembly.
6. Enter the R -value that is being installed in the wall cavity or between the framing; otherwise, enter " 0 ".
7. Enter the Continuous Insulation R -value for the proposed assembly; otherwise, enter "0 ".
8. Enter the row and column of the U factor value based on Column F Table Number and enter the Assembly U factor in Column J
9. The Proposed Assembly U factor, Column J, must be equal to or less than the Standard U factor in Column E to comply.
Furring Strips Construction Table for Mass Walls Onl
A I B I C I D I E
F G I H 1 J 1 K
L
M
Proposed Properties of Masonry and Concrete
Walls From Reference
Joint Appendix Table 4.3.5 4.3.6, 4.3.7
Added Interior or Exterior Insulation
in Furring Space from Reference
Joint Appendix Table 4.3.13
Final
Assembly
U-factor67
Comment
Mass
Thickness'
Assembly
Name or
T
U
R
j
JA4 Table ? H
Number3 ¢ 0
N _
0
c g 2 F_o
v a E E o t
c E E 'U. W
e >>
¢
Registration Number: Registration Date/Time: HERS Provider:
2008 Residential Compliance Forms August 2009
Prescriptive Certificate of Compliance: Residential CF -IR -ALT
Residential Alterations age 2 of 5
Project Name: Climate Zone # # of Stories
ass and Furring Strips Construction(footnotes)
1. Indicate the type ofassembly to include; Hollow Unit Masonry Walls, Solid Unit Masonry, Solid Concrete Walls, Etc. Additional assemblies can
befound Reference Joint Appendix JA4.
2. This is the U -Factor based on the thickness of the assembly in inches.
3. The R -value of the insulation to be added on the interior or exterior of the assembly.
. The Calculated R- Value is the R -value of the furred out section of the assembly.
-6. The Final Assembly is calculated using Equation 4-2 or Equation 4-4of the Reference Joint Appendix JA4. The equation is the inverse of Column
added to Column 1. Column K is the inverse from column J.
7. Insert the calculated U- actor value on to the Opaque Sur ace Details in Column J
FENESTRATION PROPOSED AREAS
❑ Replacing window alone — Replacement windows shall meet the U -Factor and SHGC Value requirements of Component Package D in
Table 151-C. The Total Fenestration and West facing Area requirements are not applicable.
❑ Adding 50ftz or less Of window area — Newly installed windows shall meet the U -Factor and SHGC Value requirements of Component
Package D in Table 151-C.
❑ Adding more than 50fe of window area — Newly installed windows shall meet the U -Factor and SHGC Value and the Fenestration
Area requirements of Component Package D in Table 151-C. Complete the Altered Fenestration Allowed Area Table on Page 2 of the CF -IR -ALT
d„» V X -�-- Orientation {-(� O I
Fenestration Type and Frame (North, East, PropsedAreaMaximum Maximum NFRC or Default
(Window, Glass Door or Skylight) South, West) (ftz U-factorz' ' SHGC""' Values
Yc�
1. Fenestration area is the area of total glazed product (i.e. glass plus frame). Exception: When a door is less than 50% glass, the fenestration
area may be the glass area plus a "2 inch frame " around the glass.
2. Enter value from Component Package D Requirements in Table 151-C.
3. Actual fenestration products installed and as indicated in CF -6R -ENV Form shall be equivalent to or have a lower U factor and/or a lower
SHGC value than that specified on the CF -I R ALT Form.
4. Submit a completed WS -3R Form if a reduced SHGC is calculated with exterior shading.
5. If applicable at this stage enter "NFRC" or NFRC Certified windows or are CEC "Default " valuesfound in Table 116-A or B.
ALTERED FENESTRATION ALLOWED AREAS (Complete if more than 50ft2
of fenestration is added)
A
B
. C
D
E
F
G
Allowed
Existing
Fenestration
Total Area
CFA of Entire
% of
Fenestration
Area
Fenestration
Allowed
Proposed Area
Dwelling
CFA
Area
Removed
Area Added
A x B)
(E -D) + C
Total Fenestration Area
>
(ft)
.20
West Fenestration Area
(Required In
.05
CZ's 2,4&7-15)
1. West Fenestration Area includes west -sloping skylights and any skylights with a pitch less than 1:12.
2. West facing glazing area removed cannot be "counted " twice. " In order to distribute the west glazing area removed to the other orientations,
input the west glazing area removed in the Total Fenestration Area row, column D.
3. Include the Proposed Area of the West facing fenestration in both Area columns below.
4. To meet compliance, the Proposed Area must be less than orequal to the Total Allowed Area or BOTH the Total and West Fenestration Areas.
Registration Number: Registration Date/Time:
2008 Residential Compliance Forms
HERS Provider:
August 2009
Prescriptive Certificate of Compliance: Residential CF -IR -ALT
Residential Alterations Page 5 of 5
Project Name: Climate Zone # # of Stories
HERS VERIFICATION SUMMARY The enforcement agency should pay special attention to the HERS Measures specified in this
checklist below. A completed and signed CF -41? Form for all the measures specified shall be submitted to the building inspector before final
inspection.
Duct Sealing & Testing HERS verification is required for this measure.
❑ YES ❑ NO YES: In Climate Zones 2 and 9-16, if more than 40 linear feet of new or replacement ducts are installed in unconditioned
space, the ducts are to be sealed per § 152(b) l Dii and the newly installed ducts are to be insulated per § 151(f)10.
❑ EXCEPTION: Existing duct systems that are extended, which are constructed, insulated or sealed with asbestos.
❑ YES ❑ NO YES: In Climate Zones 2 and 9-16, if the existing space -conditioning system (HVAC equipment and ducting) is replaced, the
ducts are to be sealed per § 152(b)I Di.
❑ YES ❑ NO YES: In Climate Zones 2 and 9-16, if the existing HVAC equipment is replaced (including the replacement of the air handler,
outdoor condensing unit of a split system, cooling or heating coil, or the furnace heat exchanger) the ducts are to be
sealed per §152(b)IE.
❑ EXCEPTION: Duct systems that are documented to have been previously sealed confirmed through HERS
verification in accordance with procedures in the Reference Residential Appendix RA3.
❑ EXCEPTION: Duct systems with less than 40 linear feet in unconditioned space.
❑ EXCEPTION: Existing ducts stems constructed, insulated or sealed with asbestos.
Refrigerant Charge - Split System HERS verification is required for this measure.
❑ YES ❑ NO YES: In Climate Zones 2 and 8-15, when the existing HVAC equipment is replaced (including the replacement of the air
handler, outdoor condensing unit of a split system A/C or heat pump, cooling or heating coil, or the furnace heat
exchanger) a refrigerant charge measurement shall be verified per § 152(b)I F.
Central Fan Integrated (CFI) Ventilation System and Fan Watt Draw
The ventilation requirements of § 150(o) do not apply to existing residential homes.
Ducted Split Systems - Air Conditioners and Heat Pumps: Airflow HERS verification is required for this measure.
❑ YES ❑ NO YES: In Climate Zones 10 through 15, when the existing space -conditioning system (HVAC equipment and ducting) is
replaced, the airflow and fan watt draw shall be verified per 152(b)ICi to meet the requirements of §151(07B.
Documentation Author's Declaration Statement
• I certi that this Certificate of Compliance documentation is accurate and om lete.
Name: � � � S Ivlc� \ 1
Signatur
Company:
�0
Date:
Address:
P�
If Applicable ❑ CEA or ❑ CEPE
(Certification #):
City/State/Zip: -
Phone:
�
`
Responsible Building Designer's Declaration Statement
• I am eligible under Division 3 of the California Business and Professions Code to accept responsibility for the building design identified on
this Certificate of Compliance.
• I certify that the energy features and performance specifications for the building design identified on this Certificate of Compliance conform
to the requirements of Title 24, Parts 1 and 6 of the California Code of Regulations.
• The building design features identified on this Certificate of Compliance are consistent with the information provided to document this
building design on the other applicable compliance forms, worksheets, calculations, plans and specifications submitted to the enforcement
agencyageiicy for approval with this building permit application.
Name:
Signature:
Company:.
Date:
Address:
License:
City/State/Zip:
Phone:
For assistance or questions regarding the Energy Standards, contact the Energy Hotline at: 1-800-772-3300.
Registration Number:
2008 Residential Compliance Forms
Registration Date/Time: HERS Provider:
August 2009
GENERAL CONTRACTOR AGREEMENT
This General Contractor Agreement (the "Agreement') is made and effective as of October 12, 2012 ("Effective Date") by
and between HUITRON CONSTRUCTION, an individual (the "Contractor") and RW REAL ESTATE, INC., a corporation
(the "Owner"). The Contractor and the Owner may be referred to individually as a "Party" or collectively as the "Parties."
RECITALS
WHEREAS, the Owner is the owner of the Property (as defined below); and
WHEREAS, the Owner wishes to engage the Contractor as a general contractor to perform certain Work (as defined
below) on the Property for the Owner in accordance with the drawings and specifications attached as Exhibit A hereto and on the
terms and conditions set forth below; and
WHEREAS, the Contractor is registered with the state as a contractor, and has a registration number of 926190, expiring
on December 31, 2012.
WHEREAS, the Contractor wishes to perform the Work on the Property in accordance with the drawings and
specifications attached as Exhibit A hereto and with the terms of this Agreement; and
WHEREAS, each Party is duly authorized and capable of entering into this Agreement.
NOW THEREFORE, in consideration of the above recitals and the mutual promises and benefits contained herein, the
Parties hereby agree as follows: 4
SCOPE OF WORK.
The Contractor shall furnish all of the necessary materials, tools, machinery, supervision, relocation and, site security and
perform all of the work described in Exhibit B hereto (the "Work"), all in accordance with the terms of this Agreement. The
Work shall be performed on that certain property located at 52055 Eisenhower, La Quinta, Ca 92253 (the "Property"), and
as more specifically described in Exhibit B. The Contractor agrees that it will perform the services and provide the materials
for which it is responsible, will accomplish this Work in the manner and in the time stated herein and in accordance with the
drawings and specifications attached as Exhibit A hereto, and will provide the deliverable items as required.
TIME OF COMPLETION.
The Parties agree that time is of the essence and that the Work to be performed under this Agreement shall therefore start on (or
before) October 12, 2012 and shall be [substantially] completed on (or before) November 24, 2012.
If the Work is completed on or before November 24,2012, the Contractor will receive a bonus payment in the amount of $1000
(ONE THOUSAND). Bonus is subject to items 1 through 4. Failure to follow items 1 through 4 will result in contractor forfeiting
bonus even if work is completed on or before November 24, 2012.
1. House must be clean at all times. Owner decides what classifies as clean.
2. Garbage containers must be set out for pick up every week.
3. House secured and locked at all times unless someone is working at property
4. Air conditioning on ONLY if all doors and windows are closed. AC not to be lower than 84 degrees and MUST be
turned off at the end of every day.
CONTRACT PRICE.
The Owner shall pay to the Contractor, as full payment for the Work and materials to be provided under this Agreement, the sum
of $17,917 (the "Contract Price"). The Contract Price shall be subject to certain additions and deductions that may be made
pursuant to change orders authorized under this Agreement.
PROGRESS PAYMENTS.
Payments. The Contract Price shall be paid as follows: '
$5,000 to begin work
$5,000 when work is quarter complete
$5,000 when work is three quarter complete
$2,917 when work is complete
Affidavit of Contractor. Prior to each payment by the Owner, the Contractor shall affirm in writing that there are no liens or
claims filed against the Contractor or the Owner related to materials, labor, or services supplied on this or any other project
in which the Contractor was or is currently involved. No payment shall be made to the Contractor if a lien has been filed with
respect to the Work that is the subject of this Agreement.
Withholding of Payments. Payment of the Contract Price may be withheld because of:
defective Work not remedied;
continuing failure to perform the Work in accordance with this Agreement or these general conditions;
liens or claims filed; or
failure of the Contractor to make proper payments to subcontractors, workers, or suppliers for labor, materials, or
equipment.
Final Payment. Final payment shall be made within three ( 3 ) days after the request for payment by the Contractor, provided
that the Work has been satisfactorily performed, and further subject to receipt by the Owner of the same affirmation relative to
existing liens or claims against the Contractor as set forth in Section 4(b) above. On such final payment, the Contractor shall
provide to the Owner a final release of lien stating that the Contractor has no further claims or liens against the Owner for
materials or labor supplied under this Agreement.
Waiver of Owner's Claims. The making of final payment shall constitute a waiver of all claims by the Owner except those arising
from:
unsettled liens;
faulty or defective work appearing after substantial completion;
failure of the Work to comply with the requirements of Exhibit A.
Waiver of Contractor's Claims. The acceptance of the final payment shall constitute a waiver of all claims by the Contractor
except those previously made in writing and identified by the Contractor as unsettled at the time of the final payment.
PUment Failure. If the Owner shall fail to make any payment due, except for conditions identified in Section 4(c) above, the
Contractor may cease Work; provided. however. the Contractor shall resume performance of the Work and other obligations after
payment or other resolution of the dispute.
[If the Contractor is not paid, it may have a claim against the Owner's property under state and local lien laws.]
LICENSES AND PERMITS.
The Contractor shall comply with all state and local licensing and registration requirements for the type of work performed.
The Contractor shall obtain and, at its expense, pay for any and all licenses or permits required by law to accomplish any
Work required in connection with this Agreement, agrees to hold the Owner harmless for any violations, and shall accordingly
indemnify the Owner.
REPRESENTATIONS AND WARRANTIES.
The Parties each hereby represent and warrant as follows:
Each Party has full power, authority, and right to perform its obligations under the Agreement.
This Agreement is a legal, valid, and binding obligation of each Party, enforceable against it in accordance with its
terms (except as may be limited by bankruptcy, insolvency, moratorium, or similar laws affecting creditors' rights
generally and equitable remedies).
Entering into this Agreement will not violate the charter or bylaws of either Party or any material contract to which that
Party is also a party.
The drawings and specifications attached to this Agreement as Exhibit A are the final drawings and specifications of the
Work, and form an integral part of this Agreement. Neither Party may add or otherwise vary additions said drawings
and specifications without the prior written consent of the other Party.
The Contractor may, in its discretion, engage licensed subcontractors to perform the Work; provided, however, that the
Contractor must fully pay any such subcontractor and, in all instances, will remain responsible for the completion of
this Agreement and the Work.
The Contractor hereby represents and warrants as follows:
The Work shall be performed in a workman -like manner, according to standard industry practices and in compliance with
all building codes and other applicable laws; provided. however, that if other standards or requirements are set forth
in any attached plans and specifications, those other standards or requirements shall control.
The Work shall be performed by individuals duly licensed and authorized by law to perform said work, to the extent
required by law.
The Contractor shall provide the Owner with appropriate releases or waivers of liens at the time of payment for any Work
performed.
The Contractor shall remove any debris or other garbage from the Property, and leave the Property in broom clean
condition after the Work has been completed.
The Contractor is responsible for paying all ordinary and necessary expenses of its staff.
The Contractor warrants that it is adequately insured for injury to its employees and others incurring loss or injury as
a result of the acts of the Contractor or its employees or subcontractors and shall provide the Owner with proper
certificates of insurance. The Contractor acknowledges that it is solely responsible for providing insurance coverage
for itself and its staff.
The Contractor shall obtain all necessary approvals from local authorities or other statutory bodies concerned for the
Work and shall hold the Owner harmless for any violations and accordingly indemnify the Owner.
The Contractor shall obtain insurance to protect itself against claims for property damage, bodily injury, or death due to
its performance under this Agreement.
The Owner hereby represents and warrants as follows:
The Owner is the registered owner of the Property.
The Owner will make timely payments of amounts earned by the Contractor under this Agreement.
The Owner shall notify the Contractor of any changes to its procedures affecting the Contractor's obligations under this
Agreement at least three days prior to implementing such changes.
The Owner shall provide such other assistance to the Contractor as it deems reasonable and appropriate.
WAIVER OF LIABILITY.
If the Contractor is injured while performing the work specified under this Agreement, the Owner shall be exempt from liability
for those injuries to the fullest extent allowed by law. '
SURETY BOND.
Before starting the Work under this Agreement, the Contractor shall be required to obtain a surety bond in the amount of $12,500
which will cover its obligations under this Agreement.
INDEMNIFICATION.
The Contractor shall indemnify and hold harmless the Owner from and against any and all damages, liabilities, costs, expenses,
claims, and/or judgments, including, without limitation, reasonable attorneys' fees and disbursements that any of them may suffer
from or incur and that arise or result primarily from (i) any gross negligence or willful misconduct of the Contractor arising
from or connected with Contractor's carrying out of its duties under this Agreement, or (ii) the Contractor's breach of any of its
obligations, agreements, or duties under this Agreement.
WARRANTY.
Correction of Defective Work. The Contractor shall promptly correct any Work rejected as defective or as failing to
conform to Exhibit A" whether observed before or after substantial completion and whether or not fabricated, installed,
or completed, and shall correct any Work found to be defective or nonconforming within a period of 2 year[s] from the
date of substantial completion of the Agreement or within such longer period of time as may be prescribed by law. The
Contractor shall correct these mistakes within a reasonable time after receiving the Owner's written instructions and
at its own cost (unless otherwise agreed by the Parties); provided. however, that the Contractor shall not be required to
correct at its own cost any damage that occurred after completion of the Work, unless the Parties agree that such damage
is because of an injury that took place before the Work was completed.
Normal Wear and Tear Only. The Contractor shall only be responsible for damages sustained by the Owner under
conditions of normal wear and tear, and shall under no circumstances be responsible for damages or losses caused by
wear and tear, misuse, neglect, negligence, abuse, or accident, or because of or arising from any risk insured against in
terms of the homeowner's insurance policies normally issued by a reputable insurance company for residential properties.
The Contractor shall under no circumstances be liable for any consequential loss or damage.
TERMINATION.
This Agreement may be terminated:
By either Party on provision of three ( 3 ) days' written notice to the other Party, with or without cause.
By either Party for a material breach of any provision of this Agreement by the other Party, if the other Party's material
breach is not cured within three ( 3 ) days of receipt of written notice thereof.
By the Owner, if the Contractor defaults or persistently fails or neglects to carry out the Work or fails to perform any
provision of the Agreement after three ( 3 ) days' written notice to the Contractor. Without prejudice to any other remedy
the Owner may have, the Owner may make good such deficiencies and may deduct the cost thereof from the payment due
the Contractor or, at the Owner's option, may terminate the Agreement and take possession of the site and of all materials
and equipment.
By the Owner at any time and without prior notice, if the Contractor is convicted of any crime or offense, fails or refuses
to comply with the written policies or reasonable directives of the Owner, or is guilty of serious misconduct in connection
with performance under this Agreement.
In the event of termination not the fault of the Contractor, the Company shall promptly pay the Contractor according to the terms
of Exhibit A for services rendered before the effective date of the termination. The Contractor acknowledges and agrees that no
other compensation, of any nature or type, shall be payable hereunder following the termination of this Agreement.
ACCESS TO WORK.
The Owner, the Owner's representatives, and public authorities shall at all times have access to the Work.
NOTICE OF RIGHT TO CANCEL.
THE OWNER HAS AN UNCONDITIONAL RIGHT TO CANCEL THE CONTRACT UNTIL MIDNIGHT OF THE
THIRD BUSINESS DAY AFTER THE AGREEMENT IS SIGNED. CANCELLATION MUST BE DONE IN WRITING.
ADDITIONAL AGREEMENT TERMS.
The Owner and the Contractor hereby agree to the following additional terms:
ASSIGNMENT.
The rights and the duties of the Contractor under this Agreement are personal, and may not be assigned or delegated without
the prior written consent of the Owner. The Owner may assign its rights and duties under this Agreement with the prior written
consent of the Contractor.
SUCCESSORS AND ASSIGNS.
All references in this Agreement to the Parties shall be deemed to include, as applicable, a reference to their respective successors
and assigns. The provisions of this Agreement shall be binding on and shall inure to the benefit of the successors and'assigns of
the Parties.
NO IMPLIED WAIVER.
The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the
length of time for which such failure continues, shall not be deemed a waiver of such Party's right to demand strict compliance
in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under
this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any
other obligation.
NATURE OF RELATIONSHIP.
The Contractor is not an employee of the Owner; the Contractor is working in its capacity as an independent contractor. The
Contractor agrees to hold the Owner harmless and indemnify the Owner for any claims, including (but not limited to) liability
insurance, workers' compensation, and tax withholding for the Contractor's employees.
NOTICE.
Any notice or other communication provided for herein or given hereunder to a party hereto shall be in writing and shall be
given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return receipt requested) to the,
respective party as follows:
If to the Owner:
RW Real Estate, Inc. '
PO Box 447
La Quinta, Ca 92247
If to the Contractor:
Huitron Construction
50427 Rigo Ct
Coachella, Ca 92236
CHANGE ORDERS.
All changes and/or deviations in the Work ordered by the Owner must be in writing as a change order, a form of which is
attached as Exhibit C hereto and made part hereof. The Contract Price and time of completion, if applicable, will be increased or
decreased accordingly by the Parties' agreement. Any claims that the Contract Price or time of completion should be increased
based on changes and/or deviations in the Work must be presented to the Owner by the Contractor in writing. The Owner's
written approval of such Contract Price or time of completion increase must be obtained by the Contractor before any change
and/or deviation in the Work is started. The valuation of the Contract Price change will be assessed on the basis of the valuation
of similar work included in this Agreement.
OWNERSHIP OF DRAWINGS AND OTHER ITEMS.
All drawings, reports, designs, sketches, working drawings, shop drawings, documents, certificates, plans, specifications,
estimates, memoranda, analyses, calculations, models and other tangible evidence of the Contractor's work product prepared
in connection with the Work shall become and remain the sole property of the Owner. The Contractor may retain copies of its
work product for its records; provided, however, that any use thereof (other than with respect to the Work) without the written
consent of the Owner is prohibited. Any devices (other than equipment or devices which constitute part of the Work) or methods
now being used in the marketplace, and incorporated into the project, are not considered to be property of the Owner. Innovative
construction methods or mechanical devices developed by the Contractor or its subcontractors and used in connection with the
Work are not considered the property of the Owner unless such methods or devices were developed by the Owner or the Owner's
separate contractors.
TYPES OF MATERIALS.
All materials used by the Contractor in performing the work shall be new, in compliance with all applicable laws and codes, and
covered by a manufacturer's warranty. .
OWNERSHIP OF MATERIALS.
Any materials that are unfixed and required to perform the Work and that are delivered to the Property under this Agreement
shall remain the property of the Contractor until they have been paid for by the Owner.
MATERIALS IN SHORT SUPPLY.
If any of the materials set out in Exhibit A hereto are in short supply or are unavailable for an unreasonable amount of time,
the Owner shall select alternative material of similar quality from alternative (and readily available) materials proposed by the
Contractor. The responsibility for paying any difference in price between the original materials and the alternative materials shall
lie with the Owner.
MODIFICATION.
No amendment, addendum, change, or modification of this Agreement shall be valid unless in writing and signed by both Parties.
GOVERNING LAW.
This Agreement shall be governed by the laws of the state of CALIFORNIA. In the event that litigation results from or arises
out of this Agreement or the performance thereof, the Parties agree to reimburse the prevailing party's reasonable attorneys'
fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the
prevailing party may be entitled.
COUNTERPARTS/ELECTRONIC SIGNATURES.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall
constitute one and the same instrument. For purposes of this Agreement, use of a facsimile, e-mail, or other electronic medium
shall have the same force and effect as an original signature.
SEVERABILITY.
Whenever possible, each provision of this Agreement, will be interpreted in such manner as to be effective and valid under
applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any
applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any
other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or
unenforceable provisions had never been contained herein.
ENTIRE AGREEMENT.
This Agreement, constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the
subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written
and oral, between the Parties.
HEADINGS.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
DIGGING.
Contractor responsible to call to locate gas and water lines before digging. Contractor responsible to repair
and damage done to gas or water lines and or pay any fees involved.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the Parties/a,, ex uted this Agreement as of the date first above written.
OWNER
RW AL ES TE, 1NC.
By:
Name. osephr
Title: President
CONTRACTOR
Huitron Cnst ction
By:
Name: avo Hw on Zj
Title: _� J
EXHIBIT A
DRAWINGS AND SPECIFICATIONS
(attach to Agreement)
CONTRACTOR TO PROVIDE DRAWINGS NEEDED BY CITY OF LA QUINTA FOR ROOM ADDITION. IF CITY
REQUESTS DRAWINGS THAT OUT OUT OF CONTRACTOR'S SCOPE OR ABILITY TO CREATE OWNER
WILL HIRE 3rd PARTY TO PREPARE DRAWINGS.
EXHIBIT B
SCOPE OF WORK
L/O = Contractor to supply Labor, Owner to provide materials
L/M = Contractor to supply Labor & Materials
Install 5 windows @ $150/window................................................................................................................................$750 L/O
Install 2 french doors @350/door................................................................................................................................
$700L/O
Install Tile Flooring 732sf@$2/sf. ................................................................................................................................
$1,464 L/O
Install mosaic tile backsplash in kitchen.........................................................................................................................
$250 L/O
Paint interior walls, ceiling, baseboards & casing, doors................................................................................................$1,500
L/O
paintexterior & fascia....................................................................................................:..............................................
$1,500 L/O
Texture complete interior of home.................................................................................................................................
$1,500 L/O
Remove pocket door and frame and install new door in master bathroom......................................................................
$100 L/O
Baseboard (298ft) & Casing (244ft) @ $.70/ft.............................................................................................................
$580 L/O
Install one slab door in bedroom.....................................................................................................................................
$25 L/O
Repair/Install boards in back fence area to create privacy................................................................................................
$100 L/O
Repairfix side gates........................................................................................................................................................
$250 L/O
Install block wall in front yard 66ft long @$40/linear ft................................................................................................
$2648 L/M
Installstucco on block wall..........................................................................................................................................
$600 L/M
Landscaping per drawing in exhibit A............................................................................................................................
$3,000 L/O
Install 2 Exterior garage doors........................................................................................................................................
$100 L/O
Repair water heater stand, repair drywall in garage, paint drywall white........................................................................
$350 L/O
Fill in two front windows w/ stucco (by front door) and patch minor holes on exterior of house ..................................
$200 LIM
Demo& Rough Plumbing..............................................................................................................................................
$1500 L/O
FinishPlumbing.............................................................................................................................................................
$500 L/O
FinalCleaning & Finish Work.......................................................................................................................................
$300 L/O
Total............................................................................................................................................................................. $17,917
NOTE: OWNER TO PAY FOR COST OF ANY PERMITS
EXHIBIT C
FORM OF CHANGE ORDER
Change Order No:
Date:
Contractor's Name anAddress:
74 r's Name and Address:
THE CONTRACTOR AGR EMENT IS HEREBY CHANG
AS FOLLOWS
Additional Contract Days: (if none, st to " ONE"): [This
isn't a defined term — consider chaning to "Additional days
needed to complete Work"]
ALL OTHER TERMS AND CONDITIONS OF HE
CONTRACTOR AGREEMENT THAT ARE NT CHANGED
BY THIS CHANGE ORDER/REMAIN IN FULL ORCE AND
EFFECT.
PREVIOUS CONTRA T PRICE: $
REVISED CONTRA T PRICE: $
ACCEPTANCE
The above prices, specifications, and conditions are
satisfactory, and are hereby accepted. The Contractor is
authorized to do the work as specified, and the Owner shall
make payments as outlined above.
Bl>r.#
City ofta Quinta
BLdkr lg 8r Safety Division
"
Permit #
P.O. Box 1504,'78-495 Calle Tampico
La Quinta, CA 92253 -:(760) 777 7012
Building Permit Application" and Tracking Sheet
ProjectAdd;ess: '�O�, S �`� Owner's Name:. �. �.�Jc
A P. Number.
,
Address:
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i
Legal Description:
City. ST. Zip: (!�
Contractor.
r v\J\ Telephone: Q k
'7
Address: �.
Project Description: n Y, qV)city.
n zip:
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Telephone
Telephone
01115
j
State Lic. #:
A(Cfi, • Designer.
1
i
Address:
}��w
City. ST. Zip:
Telephone:Construction
"'type: 4owpancy:
i
State Lia #:
Project type (circle one): New Add'n Alter Repair Demo
i
Name of Contact Person:
Sq- FL: # Stories: # Utdt
Telephone # of Contact Person:
Estimated Value of Project:
APPLICANT: DO NOT WRITE BELOW THIS LINE
Al Submittal ReWd Ree'd TRACMG PERM[[' FEES"
Plan Sets
Plan Check submitted' " heat Amount
Structural Ca[¢v
Reviewed, ready for corrections Pian Check Deposit. .
'
Tross Cities.
Called Contact Person Pian Check Balance.
TItit 24 Cake.
Pians picked up Construction
Flood
bmittcd a.. - _
--
--
Giadtng plan
2' Roview, ready for correttioasrissue
Electrical
Subcontactor last- - -'
Called Contact Person
Plumbing "
Grant Deed
Plans picked up
S3LL
H.O.A. Appreval
Plans resabmitted
Grading
IN HOUSE:-
'"' lteview� ready for correetions/Lssae
Developer Impact Fee
Planning Approval.
Called Contact Person
A.U.P.
Pub- Wks. Appr "
Date of permit issue
School Fees
LL
Total Permit Fees