2013/11/22 Sherman Plumbing and Construction Minor Home Rehabilitation Grant ProgramCITY OF MENIFEE
Minor Home Rehabilitation Grant Program
HOME IMPROVEMENT CONTRACT
CONTRACTOR AGREEMENT
THIS CONTRACTOR AGREEMENT (the "Agreement') is made this V-- day of (T ,
2013, by and between Sherman Plumbing and Construction ("Contractor"), and the City of
Menifee, a body corporate and politic, (the "City").
WITNESSETH, that the parties, for the considerations stated herein, mutually agree as follows:
A. The Contractor shall furnish all supervision, technical personnel, labor, materials,
machinery, tools, equipment, fixtures, and services, including transportation services,
and perform and complete all work required for the home repair and improvement in
an efficient and workmanlike manner, in strict accordance with this Agreement.
B. Funding for payment by the City of the Agreement price shall be derived in part or in
whole from the City's CDBG Fund. Contractor shall be paid for satisfactory performance
of this Agreement in the sum of Ten Thousand Dollars ($10,000.00), payable as set forth
in the General Conditions. Satisfactory performance shall be defined as rehabilitation
work, identified in the signed and accepted copy of the Scope of Work and Bid Proposal
Form (Attachment "A"), which has been completed by Contractor, inspected by
appropriate City representatives, and accepted in accordance with the Agreement terms
and provisions.
C. This Contract includes the following attachments:
1. Signed and accepted copy of the Scope of Work (Attachment "A").
2. General Conditions (Attachment "B")
3. Schedule of Progress Payments (Attachment "C")
4. Notice of the Three Day Right to Cancel
5. Mechanics Lien Warning
Page 2
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed in an
original and two (2) copies on the day and year first -h-va wri++on
Contractor Signature
#673354 (B, C36)
License No. and Classification
The Homeowners is entitled to a completely filled in copy of this agreement, signed by both
the City and the contractor, before any work may be started.
The City and/or Homeowner have the right to require the Contractor to have a performance
and payment bond.
The law requires that the Contractor give a notice explaining the three (3) day
right to cancel. Initial the checkbox if the Contractor has given the City and/or the
Homeowner two copies of a "Notice of the Three Day Right to Cancel."
In the event that the City or Homeowner chooses to exercise their Right to Cancel,
the Notice of Cancellation may be forwarded to the Contractor at the address
listed on Page 1 of this Contract.
Information about the Contractors' State License Board (CSLB):
CSLB is the state consumer protection agency that licenses and regulates construction
contractors. Contact CSLB for information about the licensed 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 Web site at www.cslb.ca.gov
Call CSLB at 800-321-CSLB (2752)
Write CSLB at P.O. Box 26000, Sacramento, CA 95826
007
ENIFE .�
CITY OF MENIFEE
MINOR HOME REHABILITATION GRANT PROGRAM - SCOPE OF WORK
ATTACHMENT "A"
Homeowner: Ms. Eda-Rae Snyder
26260 Germantown Drive, Menifee, CA 92586
Menifee Minor Home Rehabilitation Grant Program - MHRGP #9
ALL MEASUREMENTS PROVIDED THROUGHOUT THIS SCOPE OF WORK ARE APPROXIMATE
SIZE ONLY. THE CONTRACTOR IS RESPONSIBLE FOR TAKING ACTUAL FIELD MEASUREMENTS
OF EACH ITEM AS APPROPRIATE.
Home Exterior/Interior:
1. Roof Repair/Antenna Removal (1 Year Warranty) - $1,200
Work Description: Address/Repair five (5) different locations/spots (shingles) near living room
and near bedroom which appear to be loose. Damaged shingles primarily located along front of
home. Also removal of antenna from roof as this is causing roof damage. Work will include,
antenna removal and roof repair afterwards.
2. Fascia Painting (1 Year Warranty)—$750
Work Description: Address/repair fascia above garage door rotted out, needs to be cut back
and repainted. PLEASE NOTE HOME WAS CONSTRUCTED IN 1972, AND ALL WORK IS
REQUIRED TO BE COMPLETED USING LEAD -SAFE WORK PRACTICES. Work will include, repair
fascia above garage door rotted out, cut back fascia and replace worn section with lead-free
paint.
3. Garage (Man Door) (1 Year Warranty) — $250
Work Description: Replace garage door (man door) entrance/exit door. PLEASE NOTE HOME
WAS CONSTRUCTED IN 1972, AND ALL WORK IS REQUIRED TO BE COMPLETED USING LEAD -
SAFE WORK PRACTICES. Work will include, replacement of man door for garage (lead-free)
Home Interior:
4. Smoke Detectors (1 Year Warranty) - $150
Work Description: Installation of three (3) smoke/CO2:
1. One in hallway
2. One in each bedroom fora total of two (2)
Work will include work as stated above.
1
09
5. Door/Window Locks (1 Year Warranty) —$250
Work Description: Address/Install five (5) locks located throughout the house: Three (3) door
locks needed (preferably matching locks) with two (2) doors inside house, and one (1) door
garage door. Also, replace storm/screen door lock which does currently does not work at all
(have to use pliers to open). WINDOW LOCKS: Would like four (4) window locks/rods (sliding
locks) installed at base of windows to prevent from opening. Work will include work as stated
above.
6. Carpet/Flooring (1 Year Warranty) — $6,500
Work Description: CARPET (padding included): Replace existing carpet flooring with new carpet
living room, two bedrooms and den. Total home square footage is 1,538 square feet.
TILE: Replace existing bathroom flooring in two (2) bathrooms with tile flooring. Estimated
square footage of bathrooms is: 77" x 60" each. Work will include work as stated above.
7. Kitchen Faucet (1 Year Warranty) — $150
Work Description: Replace existing kitchen faucet hardware. Work will include, replace faucet
with a builder's standard.
Project Contingency: $750
All improvements should include a minimum of a one-year warranty on all work performed
and shall include all fees required by any permitting agency with jurisdiction over the project.
All work shall be completed in conformance with HUD, UBC, and with the City of Menifee
Building Code.
$10,000 Grand Total —
Project Cost Estimate Date: 11/6/2013
By: Margarita Corneio
Administrative Analyst
Date Construction Bid Submitted: 10/29/2013
By: Richard Sherman
Title:
Contractor's License: 673354
I have reviewed the above construction and repair bids with the Administrative Analyst and
agree to:
0 Complete all of the items as listed
0 Delete items # N/A
2
0 Adjusted Contract Amount $ N/A
Signature of the Homeowner: , �¢ &7(/' IV
Date: A lyjzoe
Clearance of the Construction Area
It is the Homeowner's responsibility to provide an open and clear working area for the
contractor to be able to safely construct those improvements as listed above. On occasion, the
contractor may require that certain items including, but not limited to clothing and or other
household furnishings, such as beds, tables, sofas, be removed from certain rooms or areas
during the rehabilitation work of the project improvements.
The Contractor shall provide at least 12 hours oral notice stating which items need to be
relocated from a particular area. The homeowner is fully responsible for removing all such
items and for providing all security measures for the same against the conditions of the
weather, theft and or other vandalism that may occur.
3
CITY OF MENIFEE
MINOR HOME REHABILITATION GRANT PROGRAM — SCOPE OF WORK
It is the Contractor's responsibility to ensure that such actions be kept to a reasonable
minimum and that those phases of the rehabilitation work that affect the removal of the items
be implemented as quickly as is reasonably possible.
Homeowner Contractcd
Date: k1I?iJZol9-�
Date:
4
09
ATTACHMENT "B"
CITY OF MENIFEE
Minor Home Rehabilitation Grant Program
GENERAL CONDITIONS FOR CONTRACTOR AGREEMENT
(Hereinafter Referred to as "General Conditions")
.�iecti Gii 1 - CGmnnenCenient Gf vvGrk
The Contractor shall not commence work until he/she has received a written Notice to Proceed
order from the City of Menifee (the "City'). Any work commenced by the Contractor prior to
the issuance by the City of a Notice to Proceed shall not be paid through the City Minor Home
Rehabilitation Grant Program (the "Program").
The City will issue a written proceed order within 30 days from the date of contract execution,
provided the Contractor has complied with the provisions of Sections 3, 9 and 10.
A. The Contractor must commence work within ten (10) days after the issuance of the
Notice to Proceed, or within a reasonable period of time as mutually agreed upon by the
Owner and the Contractor.
B. The Contractor must satisfactorily complete the work within thirty (30) working days
after the issuance of the Notice to Proceed, or within a reasonable period of time as
mutually agreed upon by the Owner and the Contractor.
Section 2 - Payment for Work
A. The Contractor may submit up to seven (7) progress payment requests and one (1) final
payment request. A five percent (5%) retention will be withheld from all invoices, to be
paid at project completion. Final payment (5 percent of total contract amount) may be
paid 35 days after a Notice of Completion is issued for the work.
B. The Contractor shall submit payment request packages to the Owner for approval. Said
payment request packages shall include all pertinent invoices, material and lien
releases, certifications, a list of subcontractors and materialmen, copies of applicable
permits, and the payment request form, which is to be signed by the Owner.
Contractor's submission to Owner for final payment must also include the Owner's
Certification of Acceptance, a copy of the Building & Safety sign off card, and the Notice
of Completion. Once approved by Owner, payment requests shall be submitted to the
City for payment.
C. Each payment request will be paid by the City within 30 days after the request for
payment has been received by the City and an inspection by a City Building Department
Inspector and/or Program Representative confirms that the work is satisfactory. A
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deduction in the amount listed on the schedule of prices in the Work Description And
Bid Proposal Form will be made for any portion of the work listed in the payment
request that does not pass inspection.
D. Owner and Contractor authorize the City to control disbursement of funds for payment
of the contract price to Contractor, pursuant to the above -stated payment arrangement.
E. Upon satisfactory payment being made for any portion of the work performed, the
contractor shall, prior to any further payment being made, furnish to the person
contracting for the home improvement work a full and unconditional release from any
claim or mechanic's lien pursuant to Section 3114 of the Civil Code for that portion of
the work for which payment has been made.
E. Owner and Contractor agree to hold harmless, defend, and indemnify City from any
claim for failure to pay pursuant to the above -stated payment arrangement. City shall
bear no responsibility to Owner for any lien(s) placed upon the subject residence.
Contractor agrees to hold harmless, defend, and indemnify Owner from any claim for
unpaid work, labor, or materials with respect to Contractor's performance.
Section 3 - Contractor's Liability Insurance
Contractor and all subcontractors shall procure and maintain at their expense, during the term
of this contract, the following insurance:
A. Workman's Compensation Insurance, providing coverage as required by the California
State Workman's Compensation Law, naming the City as an additional insured.
B. Comprehensive general liability insurance with coverage of not less than One Million
Dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal
injury, and property damage, naming the City as an additional insured.
Contractor shall provide written proof of the existence of the above insurance in the form of a
Certificate of Insurance attached hereto as Exhibit 1. Contractor is responsible for assuring that
the insurance carrier will notify the City in writing 10 days before the cancellation of such
insurance.
Section 4 - Contractor Indemnification
Contractor shall indemnify, defend, and hold harmless the Owner, City, and any and all of City's
respective officers, employees and agents from any and all actions, suits, claims, damages to
persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities,
including attorney fees and costs that may be asserted or claimed by any person, firm or entity
arising out of or in connection with the work, operations or activities of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the acts or
omissions of Contractor hereunder, or arising from Contractor's performance of or failure to
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perform any term, provision, covenant or condition of this contract, excluding only willful
misconduct of the Owner or City and its officers, agents or employees.
Section 5 - Independent Contractor
Neither the City nor any of its representatives nor the Owner shall have any control over the
manner, mode or means by which Contractor, its agents or employees, perform the services
required herein, except as otherwise set forth. Contractor shall perform all services required
herein as an independent Contractor and shall remain at all times as to City a wholly
independent Contractor with sucii obligations as are consistent with that role. Contractor shall
not at any time or in any manner represent that it or any of its agents or employees are agents
or employees of City or Owner.
Section 6 - Not Agent of Citv
Contractor shall have no authority, expressed or implied, to act on behalf of the City in any
capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied,
pursuant to the Program, to bind the City to any obligation whatsoever.
Section 7 - Liabilities
Contractor shall assume all responsibility for damages to property or injuries to persons,
including accidental death, which may be caused by Contractor's negligent performance of any
and all work conducted under the Program, whether such performance be by Contractor, its
subcontractors or agents, or whether such damage shall accrue or be discovered before or after
termination of Contractor's Agreement to perform the repairs authorized under the Program.
Contractor shall not assert a claim against the City, its officers, agents, or employees arising out
of any act or omission of the aforementioned, in the execution or performance of any
agreement pursuant to the Program.
Contractor shall require each subcontractor to agree in his/ her contract for services not to
make any claim against the City, its officers, agents or employees.
Nothing in any Agreement executed pursuant to the Program in which the Owner and
Contractor are parties shall be construed to give any person other than Owner and Contractor
any legal or equitable rights, remedies, or claims.
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Section 8 - Inspection by Department
City shall be permitted to inspect work performed by Contractor to ensure that the work is
performed in accordance with the provisions of this Contract and applicable general and local
law and codes. City shall be permitted at all reasonable times to inspect and review all relevant
data and records of Contractor. Contractor agrees to retain and provide to City, access to any
books, documents, papers, and records for audit or examination for a minimum of three (3)
years after final payment and all other pending matters relative to the performance of this
contract are closed.
Section 9 - Permits and Codes
Contractor agrees to secure and pay for all permits and licenses required, and to adhere to
applicable codes and requirements, whether or not covered by the specifications and drawings
for the work, including State of California Contractor registration requirements.
Contractor shall perform all work under the contract in conformance with applicable laws,
ordinances, regulations, and orders, whether or not such applicable laws, ordinances,
regulations, and orders are set forth in this contract or the attachments thereto.
Section 10 - Materials and Workmanship
Except as otherwise noted, Contractor shall provide and pay for all materials, labor, tools, and
other items necessary to complete the work. Contractor warrants that all services will be
performed in a competent, professional, and satisfactory manner in accordance with the
standards prevalent in the industry. Unless otherwise specified, all materials used in
connection with the work to be performed shall be new, fit for the purpose intended, and both
workmanship and materials shall be of good quality.
Unless otherwise stated all colors, textures, styles and materials shall be of the Owner's
choosing.
All workmen and subcontractors shall be skilled in their trades.
Contractor shall provide Owner and City with the names and business addresses of all
subcontractors to be utilized for the work prior to the start of construction.
Section 11-Amendments
Owner and Contractor expressly agree that any amendment of, or supplement to, this contract
including but not limited to material changes or alterations in the work or price as provided
above, must be made in writing, mutually agreed upon by both parties and approved by the
City.
Section 12 - Note about Extra Work and Change Orders
Owner may not require a contractor to perform extra or Change Order work without providing
written authorization prior to the commencement of any work covered by the new Change
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Order. Extra work or a Change Order is not enforceable against an Owner unless the Change
Order also identifies all of the following in writing prior to the commencement of any work
covered by the new Change Order:
A. The scope of work encompassed by the order.
B. The amount to be added or subtracted from the contract.
L. T Ile effect t-e order will make in the progress payments or the completion date.
Contractor's failure to comply with the requirements of this paragraph does not preclude the
recovery of compensation for work performed based upon legal or equitable remedies
designed to prevent unjust enrichment.
Extra Work and Change Orders become part of the contract once the order is prepared in
writing and signed by the parties prior to the commencement of any work covered by the new
change order. The order must describe the scope of the extra work or change, the cost to be
added or subtracted from the contract, and the effect the order will have on the schedule of
progress payments.
Section 13 - Extension of Time of Completion
The time of completion of the contract shall be extended by the number of calendar days which
Contractor or subcontractor are prevented from performing work as a result of:
A. Inclement weather;
B. Acts of Owner not contemplated by this contract;
C. The unavailability of workers or materials because of labor disputes;
D. Circumstances which could not reasonably have been foreseen at the time of signing
this contract; and
E. Delay of any subcontractor for any of the above causes.
If completion is delayed for reasons beyond Contractor's control, Contractor shall provide
timely notice to Owner of the reasons for the delay and shall be obligated to substantiate its
claim by adequate documentation.
If Contractor fails to complete the work within the time period set for performance, Owner may
declare Contractor in default by providing written notice to Contractor by certified mail under
the procedure described in Sections 18 and 19 herein.
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Section 14 - Assignment and Delegation
Contractor shall not assign any right under this contract except upon prior written authorization
of the Owner and City. Any request for assignment must be addressed to the Owner and City
for their approval before consent is given. Contractor shall not make any delegation of
authority or responsibility which would in any way purport to relieve him/her of any obligation
imposed by this contract.
Section 15 - Warranty of Title
Contractor shall guarantee good title to all materials, supplies, and equipment installed or
incorporated in the work. Upon completion of all work, Contractor shall deliver such work,
together with all improvements and appurtenances constructed or placed pursuant to this
contract, to owner free from any claims, liens, or charges.
Section 16 - Guarantee of Work
No provision of this contract (including the final payment) nor the use of the improvements
constructed hereunder, shall relieve Contractor of responsibility from faulty materials or
workmanship. For good and valuable consideration, Contractor hereby agrees to provide a full
one-year warranty to the Owner, which shall extend to subsequent owners of the property to
be improved. The warranty shall provide that improvements, hardware and fixtures of
whatever kind or nature installed or constructed on said property by Contractor are good
quality, and free from defects in materials and workmanship; provided, however, that the
warranty set forth in this Section shall apply only to such deficiencies and defects as to which
Owner or subsequent Owner shall have given written notice to Contractor, at its principal place
of business, within one (1) year from the date of Contractor's request for final payment. Upon
notice from the Owner, Contractor shall repair or remedy any defect in materials or
workmanship, and pay for any damage from such defects subject to the warranty contained in
this Section.
Contractor shall furnish to Owner all manufacturer's and supplier's written guarantees and
warranties covering materials and equipment furnished under this contract.
Contractor agrees that all the warranties contained herein shall apply to all work performed
pursuant to this contract, including work performed by any subcontractor.
Section 17 - Equal Opportunity Provisions
A. During the performance of this contract, the Contractor agrees to comply with the
following provisions:
(1) Contractors and subcontractors engaged in residential construction financed
under this contract shall provide equal opportunity for employment, without
discrimination as to race, sex, marital status, color, religion, national origin, or
ancestry. All contracts and subcontracts shall be let without discrimination as to
race, sex, marital status, color, religion, national origin, or ancestry.
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(2) Any prohibition against discrimination on the basis of age under the Federal Age
Discrimination Act of 1975, or with respect to an otherwise qualified
handicapped individual, as provided in Section 504 of the Federal Rehabilitation
Act of 1973.
B. Contractor agrees to include the above provisions in every subcontract for work in
connection with this project.
Section 10 - Disputes
In the event of any dispute arising out of this contract or from the breach thereof, the injured
party shall notify the injuring party in writing of its contentions. The injured party shall
continue to perform its obligations under the contract so long as the injuring party commences
to cure such dispute within seven (7) days of service of such notice and completes the cure of
such dispute within fourteen (14) days after the service of such notice, or a longer period as
may be permitted by the injured party. Compliance with the provisions of this term shall be a
condition precedent to any legal action under this contract and such compliance shall not be a
waiver of a party's right to legal action in the event the dispute is not cured.
One copy of each such notice shall be submitted to the City, Attention: Program Coordinator.
Section 19 - Termination for Breach of Contract
If Contractor fails to complete the work within the time required or fails or refuses to use due
diligence in performing the required alterations and improvements, Owner may declare
contractor in default by providing written notice to Contractor by certified mail. If Contractor
fails to commence remedying such default within seven (7) days of service of such notice and
complete the cure of such default within fourteen (14) days after service of such notice, or a
longer period as may be permitted by the Owner, Owner may terminate this contract by
written notice to Contractor. Upon delivery of such notice, Contractor shall immediately
surrender possession of the premises and remove all of his/her equipment and material
therefrom. No further rehabilitation work shall commence until the Request for Substitution of
Contractor and Termination of contract form, releasing the original Contractor from his/her
contractual obligations, is on file at the City, and a new contract is signed between the
substitute Contractor and the Owner. Owner shall select the substitute Contractor in
accordance with the Program Guidelines. If the expense of finishing the work exceeds the
unpaid balance on this contract, the original Contractor shall be liable to the extent that
completion costs exceed the original contract price.
Copies of each such notice shall be submitted to the City, Attention: Finance Director.
Contractor shall, upon such termination, deliver material and labor lien releases, executed by
all persons and firms supplying labor and/or materials to the premises. City shall be obligated
to pay Contractor only the dollar amounts listed on the schedule of prices in bid form for each
individual portion of the work completed by Contractor which passes City Building & Safety
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inspection and is accepted by Owner before the date of contract termination. In computing the
amount due, Contractor shall not be entitled to any allowance for overhead, profit, insurance,
or other similar items. Payment shall be made to Contractor only after the total job has been
completed by the substitute Contractor, chosen by the Owner and accepted by the City.
Section 20 - Termination for Convenience
A. This contract may be terminated by either party with or without cause, upon thirty (30)
days written notice to the other party. A copy of the notice shall be submitted to the
City witll[In 24 hou'rs of notification to the other party.
B. All work shall cease at the conclusion of the notice period and Contractor shall be paid
for all work satisfactorily performed in accordance with this contract prior to
termination.
Section 21- Other Contractors
During the time for performance of work under this contract, the Owner shall not have other
Contractors or workmen on the portion of the premises where work is to be performed by
Contractor, without written permission of Contractor. This restriction shall not apply if
Contractor is in default under this contract.
Section 22 - Lead Based Paint Products
Lead based paint products shall not be used for the performance of any work required under
this contract.
Section 23 - Protection of Property
Contractor shall ensure that Contractor and his/her employees and subcontractors provide
adequate protection to the homeowner(s) property, both interior and exterior, during the
construction process. This includes covering the furniture and protecting the flooring during
sanding and painting, protecting outdoor plants during sandblasting and painting, etc.
Contractor shall not use the Owner's personal property such as towels, sheets, shovels, tools,
etc. Contractor must supply his/her own tools, and furniture covers. Contractor shall
coordinate with the Owner regarding which items of furniture need to be removed prior to
commencement of work.
Contractor shall keep the premises free from accumulation of waste material and rubbish and,
at the completion of work, he/she shall remove from the premises all rubbish, implements,
surplus materials, and surplus equipment. Contractor shall leave the building and the premises
broom clean.
Section 24 - Contingency Amount
No contingency amount is available beyond the contract price and that identified in Scope of
Work (if any). If Owner or Contractor incurs expenditures in excess of the contract price, City
shall not be responsible to pay the additional cost.
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Section 25 - Contract Documents
The contract shall include:
1. Contractor Agreement;
2. Notice of Three Day Right to Cancel;
3. Mechanics Lien Warning;
4. Schedule of Progress Payments
5. Sighed and accepted copy of the bid and proposal, property rehabilitation work
write-up and standard specifications; and
6. General Conditions.
Section 26 - Additions or Deletions to Contract
In the event a change is required in the scope of work to be done, the Contractor shall prepare
a change order indicating the change for addition, deletion, or deviation from the original
construction contract. Said change order shall be signed by the Contractor and be approved in
writing by the Owner and the City before Contractor proceeds with the work.
Section 27 - Source of Funds
The City is utilizing its CDBG funds for the funding of this activity.
Section 28 - Conflict of Interest
Contractor covenants that neither he or she nor any officer of the corporation, or partnership,
as the case may be if Contractor be corporation or partnership, has any interest, nor shall they
acquire interest, directly or indirectly, which would conflict in any manner with the
performance of Contractor's services under this Contract. Contractor further agrees that in the
performance of this contract, no person having an interest of the above nature shall be
employed by him or her.
No officer, employee, or member of the governing body of the City who exercises any function
or responsibilities connected with this contract shall have any financial interest, direct or
indirect, in this contract.
Section 29 - Notice
Any notice required to be given under this contract shall be in writing and shall be personally
served or given by mail. Any notice by mail shall be deemed to have been given when
deposited in the United States mail, certified and postage prepaid addressed to the party to be
served as follows:
To Owner: Ms. Eda-Rae Snyder
26260 Germantown Drive
Menifee, CA 92586
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To Contractor: Sherman Plumbing & Construction
30623 Jedediah Smith Road
Temecula, CA 92592
To City: City of Menifee
Finance Director
29714 Haun Road
Menifee, CA 92586
If to
Administrative Analyst:
City of Menifee
Administrative Analyst
MHRG Program
29714 Haun Road
Menifee, CA 92586
Section 30 - Successors
This Agreement shall be binding on and inure to the benefit of the heirs, executors,
administrators, successors and assigns of the respective parties to it.
Section 31- Order of Priority of Contracts
The provisions of this contract shall have priority over all other contracts and Agreements
concerning the work described herein.
Section 32 - Expediency
Time is of the essence of each and every covenant, term, condition and provision of this
contract as to both parties hereto.
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Section 33 - Entirety of Agreement
It is understood that there are no oral Agreements between the parties hereto affecting this
contract, and this contract supersedes and cancels any and all previous negotiations,
Agreements and understandings, if any, between the parties hereto, and none shall be used to
interpret or construe this contract.
Section 34 - Acknowledgment
All warranties herein are in addition to and not in limitation of all other rights and remedies to
which Owner, and subsequent Owners, may be entitled to at law or in equity, and shall survive
the conveyance of title, delivery of possession of the property, or other final settlement made
by Owner and shall be binding on the undersigned notwithstanding any provision to the
contrary contained in any instrument heretofore or hereinafter executed by Owner. Contractor
hereby acknowledges that this contract has been approved by the City.
Section 35 — Contract Price
For the consideration named herein, Contractor proposes to furnish all the materials and do all
of the work described herein, and in accordance with the contract identified above in Section
25 of the General Conditions, for the price of Ten Thousand Dollars ($10,000.00)
r q S k-e-A&A-l—,
Name (Print) Con ctor
Contractor SigKature
673354
Contractor's License Number
30623 Jedediah Smith Road
Contractor Address
Temecula, CA 92592
Contractor City, State, Zip Code
(951) 227-6516
Contractor Telephone Number
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Name ( mint) Owner
Owner Signature
Name (Print) Owner
Owner Signature
26260 Germantown Drive
Owner Address
Menifee, CA 92586
Owner City, State, Zip Code
(951) 795-8045 (Ede (caregiver))
Owner Phone Number
Date of Acceptance
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ATTACHMENT "C"
CITY OF MENIFEE
Minor Home Rehabilitation Grant Program
SCHEDULE OF PROGRESS PAYMENTS
1. Progress Payment #i (improvement #1)
2. Progress Payment #2 (Improvement #2)
3. Progress Payment #3 (Improvement #3)
4. Progress Payment #4 (Improvement #4)
5. Progress Payment #5 (Improvement #5)
6. Progress Payment #6 (Improvement #6)
7. Progress Payment #7 (Improvement #7)
8. Final Payment (Retention)
007b
Page 12 of 12
MECHANICS LIEN WARNING
Anyone who helps improve your property, but who is not paid, may record what is called a
mechanics lien on your property. A mechanics lien is a claim, like a mortgage or home equity
loan, made against your property and recorded with the county recorder.
Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped
to improve your property may record mechanics liens and sue you in court to foreclose the lien.
If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your
home to pay the lien. Liens can also affect your credit.
To preserve their right to record a lien, each subcontractor and material supplier must provide
you with a document called a `Preliminary Notice.' This notice is not a lien. The purpose of the
notice is to let you know that the person who sends you the notice has the right to record a lien
on your property if he or she is not paid.
BE CAREFUL, The Preliminary Notice can be sent up to 20 days afterthe subcontractor starts work
or the supplier provides material. This can be a big problem if you pay your contractor before you
have received the Preliminary Notices.
You will not get Preliminary Notices from your prime contractor or from laborers who work on
your project. The law assumes that you already know they are improving your property.
PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your
contractor of all the subcontractors and material suppliers that work on your project. Find out
from your contractor when these subcontractors started work and when these suppliers
delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you
receive.
PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your
contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided
you with a Preliminary Notice, write a joint check payable to both the contractor and the
subcontractor or material supplier.
For other ways to prevent liens, visit CSLB's Internet Web site at www.cslb.ca.gov or call CSLB at
800-321-CSLB (2752).
REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME. This can
mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.
Notice of Three -Day Right to Cancel
Date of Transaction: 111 � 17 2 _
You, the homeowner, have the right to cancel this contract within (3) three business days. You
may cancel by emailing, mailing, faxing, or delivering a written notice to the contractor at the
contractor's place of business by midnight of the third business day after you received a signed
and dated copy of the contract that includes this notice. Include your name, your address, and
the date you received the signed copy of the contract and this notice. If you cancel, the
contractor must return to you anything you paid within ten (10) days of receiving the notice of
cancellation. For your part, you must make available to the contractor at your residence, in
substantially as good condition as you received it, any goods delivered to you under this
contract or sale. Or, you may, if you wish, comply with the contractor's instructions on how to
return the goods at the contractor's expense and risk. If you do make the goods available to the
contractor and the contractor does not pick them up within twenty (20) days of the date of your
notice of cancellation, you may keep them without any further obligation. If you fail to make the
goods available to the contractor, or if you agree to return the goods to the contractor and fail to
do so, then you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of the Notice of Cancellation,
or any other written notice to:
Sherman Plumbing & Construction
30623 Jedediah Smith Road
Temecula, CA 92592
not later than midnight of (Date) U17qjj�
California Business and Professions Code Section § 7159 requires that this form be signed and
dated when the contract is signed.
My signature below acknowledges receipt of this Notice of Three -Day Right to Cancel and two
7 copi f the form Notice of Cancellation.
ll I �12a1�
Signature of O e Date