Fill and Sign the City of Laguna Niguel Plumbing Contract Services Request for Form

- 1 - PLUMBING CONTRACT THIS PLUMBING CONTRACT (“Contract”), effective as of the date of the last party to sign below, is between , having an address at ("Contractor") and having an address at ("Owner"). For valuable consideration the parties hereby agree as follows: 1. SCOPE OF WORK: Waste Disposal-Public: Private: Manufacturer, Model Number: Disposal Field: Water Supply-Public: Private: Pressure Reducing Valve-Make & Model: Gas Supply-Public: Private: Gas Supply Type/Description Joint Treatment Pipe Size Main to House House to Fixtures Waste Disposal Type/Description Joint Treatment Pipe Size House to Main or Plant Under Basement Floor Above Basement Floor to Toilets Above Basement Floor to Sinks Above Basement Floor to Sump Pump Venting Flashing of Vents Water Supply Type/Description Joint Treatment Pipe Size Main to House House to Water Heater House to Bathrooms House to Kitchen Sink House to Refrigerator House to Dishwasher House to Ice Maker - 2 - Other Bathroom-Fixtures Model/Description Master Bath Guest Bath Bath #1 Bath #2 Water Closet Toilet Seat Shower Tub Tub Faucet & Control Lever Shower Faucet & Control Lavatory Faucet & Control Lavatory Bidet Whirlpool/Jacuzzi Location, Type & Number of: Water Stops/Shutoffs: Location, Soft Water: Exterior Water Faucets: Fixture Description-Brand Name, Model Number, etc. Size/Other Kitchen Sink Kit. Sink Faucet/Control Waste Disposal Wet Bar Sink Bar Sink Faucet/Control Washer Hook-up Laundry Tub Laundry Faucet/Control Water Heater Sump Pump Water Softener Other Contractor shall provide all labor and materials, and perform all work necessary for the completion of the residence, structure, or improvements as described in the drawings a nd specifications signed by both Owner and Contractor (“Project”) Such drawings and - 3 - specifications are hereby made a part of this Contract. Drawings and specifications shall contain a scale drawing showing the shape, size, and dimensions of the construction and equipment together with a description of the work to be done, materials to be used, and the equipment to be used or installed. 2. WORK SITE: The Project shall be constructed on the property of Owner located at and more particularly described as (hereafter "the Work Site"). Owner hereby authorizes Contractor to commence and complete the usua l and customary excavation and grading on the Work Site as may be required in the judgment of the Contractor to complete the Project. Unless called for in the drawings or specificat ions, no landscaping, finish grading, filling or excavation is to be performed at the Work Site by the Contractor. 3. TIME OF COMPLETION: Contractor shall commence the work to be performed under this Contract on or before and shall substantially complete the work on or before . Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, acts of God, illness, injury, or general unavailability of materials. 4. PERMITS: Contractor shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be include d as part of the Project price. 5. SOIL CONDITIONS: Contractor shall have no responsibility for the condition of the soils at the Work Site. Any excavation, filling or other work required by the Owner other than the usual and customary excavation and grading shall be agreed to in a Change Order for an amount in addition to the Contract Price. Contractor shall not be responsible for any damages suffered by Owner as a result of the soil conditions at the Work Site. 6. INSURANCE: Contractor shall maintain general liability, workers compensation and builder's risk insurance. 7. SURVEY AND TITLE: If the Project is near the Owner’s property boundary, Owner will point out property lines to the Contractor. If the Owner or Contractor has any doubt about the locat ion of the property lines, Owner shall provide Contractor with boundary stakes through a licensed surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions tha t affect the Work Site. 8. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work, including changes to the drawings and specifications, from time to time during the const ruction of the Project. However, any such change or modification shall only be made by written "Change Order" signed by both parties. Such Change Orders shall become part of this Contract. Owner agrees to pay any increase in the cost of the Project as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, the Contrac tor shall estimate the cost thereof and Owner shall pay the actual cost whether or not i t is in excess of the estimated cost. 9. CONTRACT PRICE: - 4 - {COST PLUS} Owner agrees to pay Contractor the actual cost to Contractor of materials plus the sum of $ for performing the services set forth in the scope of the work. Contractor shall be paid as follows: . OR {FIXED FEE} Owner agrees to pay Contractor the sum of $ for performing the services set forth in the scope of the work. Contractor shall be paid as follows: . Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due. 10. LATE PAYMENT/DEFAULT: A failure to make payment for a period in excess of ten (10) days from the due date shall be deemed a material breach of this Contract. If paym ent is not made when due, Contractor may suspend work on the job until such time as all payments due have bee n made without breach of the Contract pending payment or resolution of any dispute. Owner agree s to pay a late charge of 1% of all payments that are more than ten (10) days late plus interest at the rate of 1% per month. 11. DESTRUCTION AND DAMAGE : If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contra ctor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If t he estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage. 12. ASSIGNMENT : Neither party may assign this Contract, or payments due under the Contract, without the other party’s written consent. Any such assignment shall be void and of no effect. 13. INTERPRETATION: (a) Interpretation of Documents. The Contract, drawings, and specifications are intended to supplement one another. In the event of a conflict, the specifications shall control the drawings, and the Contract shall control both. If work is displayed on the drawings but not called for in the specifications, or if the work is called for in the specifications but not displayed on the drawings, Contractor shall be required to perform the work as though it were called for and displayed in both documents. - 5 - (b) Entire Agreement. This Contract constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this Contract exi sts between the parties. This Contract may only be modified only by a written agreeme nt signed by both parties. (c) Governing Law. This Contract shall be interpreted and governed in accordance with the laws of the State of New Jersey. 14. ATTORNEYS’ FEES AND COSTS: If any party to this Contract brings a cause of action against the other party arising from or relating to this Contract, the prevailing part y in such proceeding shall be entitled to recover reasonable attorney fees and court costs. 15. PERFORMANCE: (a) Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant this Contract provided Contractor shall remain fully responsible for the proper completion of the Project. (b) All work shall be completed in a workman-like manner and in compliance with all building codes and applicable laws. To the extent required by law, all work shall be pe rformed by individuals duly licensed and authorized by law to perform said work. (c) Contractor agrees to remove all debris and leave the premises in broom clean condition. 16. WARRANTY: Contractor agrees to repair or replace any defective or malfunctioning faucets, valves, fixtures, equipment or fittings for a period of year(s). Contractor agrees to eliminate excessive pipe hammering and repair or replace any soil, waste, venting or water piping found to be leaking (except condensation) or improper flow of supply or effluent due to an obstruction caused by settling or foreign matter in the piping at the time of installation or infiltrating thereafter, for a period of year(s). Owner and Contractor agree to inspect all equipment, fixtures, and piping within days after installation; and Contractor agrees to repair or replace any chips, cracked, defective or otherwise malfunctioning items be found by such inspection. All said defects arising after year(s) and defects in material are not warranted by Contractor. Contractor hereby assigns to Owner all warranties on materials as provided by the manufac turer of such materials. A mortgage or security interest to be taken in connection with the financing or sale of the home improvement applies and is described as follows: ______________________________. A person other than the seller is to act as the general contractor or assume responsibility for performance of the contract and is identified as: Name: ______________________________ Address: ______________________________ - 6 - NOTICE TO OWNER Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights. Do not sign any completion certificate or agreement stating that you are satisfied with the entire project before this project is complete. Home repair contractors are prohibited by law from requesting or accepting a certificate of completion signed by the owner prior to the actual completion of the work to be performed under the home repair contract. Workmen's compensation and public liability insurance are carried by the home repair contractor and applicable to the work to be performed under the contract. The home repair contractor is qualified as a self-insurer pursuant to Title 34; The home repair contractor is precluded from purchasing workmen's compensation under chapter 15 of Title 34 of the Revised Statutes,and does not carry workmen's compensation insurance. AGREED: CONTRACTOR: Signature Print Name & Title Date License Number Name and Address of License Holder Print Name of Salesperson (if applicable) Address of Salesperson (if applicable) Phone Number OWNER: Signature Print Name Date - 7 - * Required for use in home solicitation sales only: RECEIPT ______________________________ Contractor's Name ______________________________ Contractor’s Place of Business Description of the goods and services sold: ______________________________ Amount of money paid by the owner or the cash value of any goods delivered to the home repair contractor at the time the home repair contract was entered into: ______________________________ NOTICE TO OWNER: YOU MAY RESCIND THIS SALE PROVIDED THAT YOU NOTIFY THE HOME REPAIR CONTRACTOR OF YOUR INTENT TO DO SO BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTMARKED NOT LATER THAN 5 P.M. OF THE THIRD BUSINESS DAY FOLLOWING THE SALE. FAILURE TO EXERCISE THIS OPTION, HOWEVER, WILL NOT INTERFERE WITH ANY OTHER REMEDIES AGAINST THE HOME REPAIR CONTRACTOR YOU MAY POSSESS. IF YOU WISH YOU MAY USE THIS PAGE AS NOTIFICATION BY WRITING "I HEREBY RESCIND' AND ADDING YOUR NAME AND ADDRESS. A DUPLICATE OF THIS RECEIPT IS PROVIDED BY THE HOME REPAIR CONTRACTOR FOR YOUR RECORDS.