Loading...
07-128 Interior Systems & Service AGREEMENT BY THIS AGREEMENT, made and entered into this 13th day of September, 2007, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Interior Systems & Service Co., Att.: Daniel Blanchard, Owner, Address 1000 Day Road, Gilroy, CA 95020; Phone: (408)209-1064; E-mail: oopsperfect@aol.com (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Construct Storage Area in Community Hall CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 NO. t%lJ5J/.iJ> EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A - Proposal TERMS: The services and/or materials furnished under this Agreement shall commence on October 17, 2007 and shall be completed before November 30, 2007 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACT~ Lump Sum Not to Exceed $4,916.25 without a Change Order Authorization - U ENTERED California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00, GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold hannless the City, its officers, agents and employees from any and all damage and liability due to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the perfonnance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry. religion or sex of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing thi.s agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME: Terry W. Greene, AlA DEPARTMENT: Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CO~TR~CTOR: By ~lJ:v~A>-I Title /}ltJ J'l/f:tL- CITY OF CUPERTINO: By Te W. Greene, AlA, City Architect EXPENDITURE DISTRIBUTION TI} . UNT NUM R I (!) I { 7. 0, 420-9233-9300 ATE /0../1, CJ A N $4,916.25 -b.th',~t "A" INTERIOR SYSTEMS & SERVICE CO. 1000 Day Road Gilroy, CA 95020 CSL 373897 September 7, 2007 City of Cupertino 10300 Torre Ave Cupertino, CA 95014 P,ROPOSAL and CONTRACT We propose the following at 10400 Torre Ave, Cupertino, CA 95040: 1 ) Demolition of interior metal stud framed wall to accommodate new 6-0 x 8-0 folding doors, Remove low voltage outlet. Frame opening with metal studs to match existing size and gauge. Drywall at opening and into closet against CMU wall. Tape and finish to match existing Provide and install wood doors with metal frame and hardware. Relocate fire extinguisher to left of adjacent hallway opening. Painting: closet and 1 wall in hallway to match existing. Install City of Cupertino supplied carpet/strip under door so concrete is not visible from hall. Cleanup, dust control, hauling and dump fees. City of Cupertino to obtain and provide any and all permits, plans and engineering that may be necessary or required, 2) 3) 600.00 650.00 950.00 875,00 125,00 575.00 4) 5) 5) 6) 7) 8) 200.00 300.00 Subtotal 4,275,00 641.25 Profit and overhead @ 15% Total bid 4,916.25 Approximate start - T 8 D, Approximate completion - 10 working days, Schedule of payments to be as follows: Upon substantial completion. Paid in full within 10 days of invoice. No retention. All invoices are due immediately upon receipt. Please note that we are liable only for the work listed in this contract. Note about Extra Work and Change Orders Any changes or alterations may be extra and will require you to sign a "Change Order" designating type of changes or additions to the original contract and costs of such work or materials prior to the commencement or deleting of work or supplying of materials This change order becomes part of the original contract with all terms and conditions. Changes and additions will extend the projected completion date of the project. All agreements are contingent upon strikes, accidents availability of materials or delays beyond our control. Remodeling can have additional costs due to concealed conditions unknown until exposed during construction, Also, at additional expense, is existing building conditions or work done by others that is required to be brought "up to code" as designated by local building authorities. Any damage to the structure or its contents done or caused by others is not included in the contract price. Commercial General Liability Insurance Interior Systems carries commercial general liability insurance written by: LLOYDS of LONDON. You may call (800) 369-6464 to check our insurance coverage. Workers' Compensation Insurance This contractor has no employees and is exempt from workers' compensation requirements. 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 you and recorded with the county recorder, Even if you pay your contractor in full, unpaid subcontractors, and laborers who helped to improve your property may record mechanic's 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 property 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 '20-day 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 they are not paid, BE CAREFULL, The Preliminary Notice can be can be sent up to 20 days after the 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 there 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 the project. Find out from your contractor when these subcontractors started work and when the 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 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 PROPERTY, This can mean that you may have to pay twice, or face the forced sale of your property to pay what you owe," 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," Respectfully submitted Date Acceptance of proposal I/we accept this proposal, all terms and conditions as set forth and also agree if collection procedures are necessary to procure payment for labor, materials or services rendered, I/we agree prevailing party to compensated for all collection costs including but not limited attorneys' fees. I/we agree to submit any disputes arising from this agreement to final and binding neutral arbitration. Total liability in any case is to be limited to each individual line item, I/we agree to pay a late charge of 3% per month and 1 1/2% per month interest on any balance unpaid as agreed.