15-203 Mc Laughlin Painting; Agreement for the Painting of the Cupertino RoomAGREEMENT BETWEEN THE CITY OF CUPERTINO AND
Mc LAUGHLIN PAINTING FOR THE PAINTING OF THE CUPERTINO ROOM
THIS AGREEMENT, for reference dated \:)r· \ ~p~ 2015, is by and between CITY OF
CUPERTINO (hereinafter refened to as "City"), a municipal corporation, and Mc Laughlin
Painting. (hereinafter referred to as "Contractor"), a Califomia corporation whose address is
16020 Caputo Drive, Suite 200 Morgan Hill, CA. 95037 and is made with reference to the
following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being conducted
under the Constitution and the statutes of the State of Califomia and the Cupertino Municipal
Code.
B. City and Contractor desire to enter into an agreement for construction work, in
accordance with the adopted Specifications, Special Provisions and Plans.
NOW, lliEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM:
The Contractor shall begin work within thirty (30) working days after receiving notice
from City to commence the work, and shall diligently prosecute the work to completion before
the expiration of thirty (30) consecutive working days from the date of receipt of notice to begin
work.
2. SERVICES TO BE PERFORMED:
Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment,
materials, except as otherwise specified, and to do all work strictly in accordance with
Specifications, Special Provisions and Plans, which are hereby referred to and expressly made a
part hereof with the same force and effect as if the same were fully incorporated herein.
3. COMPENSATION TO CONTRACTOR:
Contractor shall be compensated for services performed pursuant to this Agreement in
the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit "A" and
incorporated herein by this reference. Payment will be made in the same manner that claims of
a like character are paid by City, with checks drawn on the treasury of City, to be taken from the
100-87-830-900-990 fund.
Payment will be made by City in the following manner: On the fast day of each month,
Contractor shall submit a written estimate of the total amount of work done the previous month.
Payment shall be made up to 95% of the value of the work. City shall retain 5% of the value of
the work as partial security for the completion of the work by Contractor. Retained amounts will
be paid to Contractor 35 days after the acceptance by City and the recording of the Notice of
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Completion with the Santa Clara County Recorder's office. Payment shall not be construed as
acceptance of defective work. No interest will be paid to Contractor on retained funds.
4. TIME IS OF THE ESSENCE:
Contractor and City agree that time is of the essence regarding the performance of this
Agreement.
It is agreed by the parties to the Agreement that in case all the work called for under the
Agreement is not completed before or upon the expiration of the time limit as set forth in
paragraph 1 above, damage will be sustained by City, and that it is and will be impracticable to
determine the actual damage which City will sustain in the event of and by reason of such delay.
It is therefore agreed that the Contractor will pay to City the sum of Two Thousand Dollars ($
2,000) per day for each and every day's delay beyond the time prescribed to complete the work;
and the Contractor agrees to pay such liquidated damages as herein provided, and in case the
same are not paid, agrees that City may deduct the amount thereof from any money due or that
may become due the Contractor under the Agreement.
It is further agreed that in case the work called for under the Agreement is not finished
and completed in all parts and requirements within the time specified, City shall have the right
to extend the time for completion or not, as may seem best to serve the interest of City; and if it
decides to extend the time limit for the completion of the Agreement, it shall further have the
right to charge the Contractor, his or her heirs, assigns, or sureties, and to deduct from the final
payment for the work, all or any part, as it may deem proper, of the actual costs and overhead
expenses which are directly chargeable to the Agreement, and which accrue during the period of
such extensions.
The Contractor shall not be assessed with liquidated damages during any delay in the
completion of the work caused by an act of God or of the public enemy, acts of City, fire, flood,
epidemic, quarantine restriction, strikes, freight embargoes, and unusually severe weather or
delays of subcontractors due to such causes; provided that the Contractor shall, within one (1)
day from the beghming of such delay, notify City in writing of the causes of delay. City shall
ascertain the facts and the extent of the delay, and its findings of the facts thereon shall be final
and conclusive.
5. STANDARD OF CARE:
Contractor agrees to perform all services hereunder in a manner commensurate with the
prevailing standards of like professionals in the San Francisco Bay Area and agrees that all
services shall be performed by qualified and experienced personnel who are not employed by
City nor have any contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Contractor intend that the relationship between them created by this Agreement
is that of employer-independent contractor. The manner and means of conducting the work are
under the control of Contractor, except to the extent they are limited by statute, rule or regulation
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and the express terms of this Agreement. No civil service status or other right of employment
will be acquired by virtue of Contractor's services. None of the benefits provided by City to its
employees, including but not limited to tmemployment insurance, workers' compensation plans,
vacation and sick leave are available from City to Contractor, its employees or agents. Deductions
shall not be made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer-employee relationship from any fees due
Contractor. Payments of the above items, if required, are the responsibility of Contractor.
7. IMMIGRATION REFORM AND CONTROL ACT (!RCA):
Contractor assumes any and all responsibility for verifying the identity and employment
authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA
or other federal, or state rules and regulations. Contractor shall indemnify and hold City
harmless from and against any loss, damage, liability, costs or expenses arising from any
noncompliance of this provision by Contractor.
8. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer/employee conduct, Contractor agrees that harassment or discrimination directed
toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on
the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any
and all violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold
harmless City and its officers, officials, agents, employees and volunteers against any and all
liability, claims, stop notices, actions, causes of action or demands whatsoever from and against
any of them, including any injury to or death of any person or damage to property or other
liability of any nature, arising out of, pertaining to, or related to the performance of this
Agreement by Contractor or Contractot:' s employees, officers, officials, agents or independent
contractors. Contractor shall not be obligated under this Agreement to indemnify City to the
extent that the damage is caused by the sole or active negligence or willful misconduct of City, its
agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel
of City's choice, expert fees and all other costs and fees of litigation.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in these sections from each and every subcontractor or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If
Contractor fails to obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the tenns of this section.
10. INSURANCE:
On or before the commencement of the terms of this Agreement, Contractor shall furnish
City with certificates showing the type, amount, class of operations covered, effective dates and
dates of expiration of insurance coverage in compliance with paragraph lOA, B, C and D. Such
certificates, which do not limit Contractor's indemnification, shall also contain substantially the
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following statement: "Should any of the above insurance covered by this certificate be canceled
or coverage reduced before the expiration date thereof, the insurer affording coverage shall
provide thirty (30) days' advance written notice to City by certified mail, "Attention: City
Manager."
It is agreed that Contractor shall maintain in force at all times during the performance of
this Agreement all appropriate coverage of insurance required by this Agreement with an
insurance company that is acceptable to City and licensed to do insurance business in the State of
California. Endorsements naming City as additional insured shall be submitted with the
insurance certificates. Contractor shall complete the attached Document 00530 Insurance Forms.
A. COVERAGE:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California; Employers'
Liability $1,000,000 per occurrence
(2) General Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $2,000,000 each occurrence
$4,000,000 aggregate -all other
Property Damage: $2,000,000 each occurrence
$4,000,000 aggregate
If submitted, combined single limit of $2,000,000 per occurrence; $4,000,000
in the aggregate will be considered equivalent to the required minimum
limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the
following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
B. SUBROGATION WAIVER:
Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide comprehensive general and automotive liability
insurance, Contractor shall look solely to its insurance for recovery. Contractor
hereby grants to City, on behalf of any insurer providing comprehensive general
and automotive liability :insurance to either Contractor or City with respect to the
services of Contractor herein, a waiver of any right to subrogation which any such
insurer of said Contractor may acquire against City by virtue of the payment of
any loss under such insurance.
C. FAILURE TO SECURE:
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If Contractor at any time during the term hereof should fail to secure or
maintain the foregoing insurance, City shall be permitted to obtain such insurance
in the Contractor's name or as an agent of the Contractor and shall be compensated
by the Contractor for the costs of the insurance premiums at the maximum rate
permitted by law and computed from the date written notice is received that the
premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees, and
volunteers shall be named as an additional insured under all insurance coverages,
except worker's compensation insurance. The naming of an additional insured
shall not affect any recovery to which such additional insured would be entitled
under this policy if not named as such additional insured. An additional insured
named herein shall not be held liable for any premium, deductible portion of any
loss, or expense of any nature on this policy or any extension thereof. Any other
insurance held by an additional insured shall not be required to conh·ibute
anything toward any loss or expense covered by the insurance provided by this
policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being
sufficient to protect Contractor. Contractor is advised to consult Contractor's
insurance broker to determine adequate coverage for Contractor.
11. BONDS:
Bonds are not required for this agreement.
12. PROHIBITION AGAINST TRANSFERS:
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any
interest therein, directly or indirectly, by operation of law or otherwise, without prior written
consent of City. Any attempt to do so without said consent shall be null and void, and any
assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer. However, claims for money by Contractor
from City under this Agreement may be assigned to a bank, trust company or other financial
instih1tion without prior written consent. Written notice of such assignment shall be promptly
furnished to City by Contractor.
The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate
member or cotenant, H Contractor is a partnership or joint venture or syndicate or cotenancy,
which shall result in changing the control of Contractor, shall be construed as an assignment of
tl1is Agreement. Control means fifty percent (50%) or more of the voting power of the
corporation.
13. SUBCONTRACTOR APPROVAL:
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Unless prior written consent from City is obtained, only those people and subcontractors
whose names are listed in Contractor's bid shall be used in the performance of this Agreement.
Requests for additional subcontracting shall be submitted in writing, describing the scope
of work to be subcontracted and the name of the proposed subcontractor. Such request shall set
forth the total price or hourly rates used in preparing estimated costs for the subcontractor's
services. Approval of the subcontractor may, at the option of City, be issued in the form of a
Work Order.
In the event that Contractor employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to carry
general and automobile liability insurance in reasonable conformity to the insurance carried by
Contractor. In addition, any work or services subcontracted hereunder shall be subject to each
provision of this Agreement.
14. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain dming the term of this
Agreement, all appropriate permits, certificates and licenses, including a City Business License
that may be required in connection with the performance of services hereunder.
15. REPORTS:
Each and every report, draft, work product, map, record and other document reproduced,
prepared or caused to be prepared by Contractor pursuant to or in connection with this
Agreement shall be the exclusive properly of Oty. Consultant may retain a copy of any report
furnished to City pursuant to this Agreement.
No report, information or other data given to or prepared or assembled by Contractor
pursuant to this Agreement shall be made available to any individual or organization by
Contractor without prior approval by City.
Contractor shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
16. RECORDS:
Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts and other such information required by City that relate to the performance of
services under this Agreement.
Contractor shall maintain adequate records of services provided in sufficient detail to
permit an evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily accessible.
Contractor shall provide free access to such books and records to the representatives of City or
its designees at all proper times, and gives City the right to examine and audit same, and to make
transcripts therefrom as necessary, and to allow inspection of all work, data, documents,
proceedings and activities related to this Agreement. Such records, together with supporting
documents, shall be kept separate from other documents and records and shall be maintained for
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a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns raised
by City's preliminary examination or audit of records, and City's supplemental examination or
audit of the records discloses a failure to adhere to appropriate internal financial controls, or other
breach of contract or failure to act in good faith, then Contractor shall reimburse City for all
reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement shall be
given in writing and conclusively shall be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States Mail, postage prepaid,
registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from Contractor to City shall be addressed
to City at:
City of Cupertino
Attn: Chris Orr
10555 Mary Ave.
Cupertino CA 95014
All notices, demands, requests, or approvals from City to Contractor shall be addressed
to Contractor at:
Mc Laughlin Painting
Attn: Allison Sargent
16020 Caputo Drive, Suite 200
Morgan Hill, CA. 95037
18. URBAN RUNOFF MANAGEMENT:
The Contractor shall avoid creating excess dust as the work is being prosecuted. If water
is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps
necessary to keep wash water out of the streets, gutters, storm drains and sh·eams.
The Contractor shall develop and implement erosion and sediment control to prevent
pollution of storm drains and streams. Such control :includes but is not limited to:
A. Use storm drain inlet protection devices such as sand bag barriers, filter
fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the
rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel
or vacuum saw-cut slurry and remove from the site).
B. Cover exposed piles of soil or construction material with plastic sheeting.
All construction materials must be stored in containers.
C. Sweep and remove all materials from paved surfaces that drain to streets,
gutters and storm drains prior to rain as well as at the end of the each work day. At the
completion of the project, the street shall be washed and the wash water shall be collected
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and disposed of offsite in an appropriate location.
D. After breaking old pavement, Contractor shall remove all debris to avoid
contact with rainfall or runoff.
E. Contractor shall maintain a clean work area by removing trash, litter, and
debris at the end of each work day. Conh·actor shall also clean up any leaks, drips, and
other spills as they occur.
The objective is to ensure that the City and County of Santa Clara County-Wide Clean
Water Program is adequately enforced. These controls should be implemented prior to the start
of construction, up-graded as required, maintained during construction phases to provide
adequate protection, and removed at the end of construction.
These recommendations are intended to be used in conjunction with the State of
California's Best Management Practices Municipal and Construction Handbooks, local program
guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any
other appropriate documents on storm water quality controls for construction.
Failure to comply with this program will 1·esult in the issuance of noncompliance notices,
citations, project stop orders or fines. The fine for noncompliance of the above program is two
hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean
Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code '13385.
19. TERMINATION:
In the event Contractor fails or refuses to perform any of the provisions hereof at the time
and in the manner required hereunder, Contractor shall be deemed in default in the performance
of this Agreement. If such default is not cured within a period of two (2) days after receipt by
Contractor from City of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, City may terminate the Agreement forthwith by giving to
the Contractor written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating this
Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon
termination of this Agreement, each party shall pay to the other party that portion of
compensation specified in this Agreement that is eamed and unpaid prior to the effective date of
termination.
20. COMPLIANCES:
Contractor shall comply with all state or federal laws and all ordinances, rules and
regulations enacted or issued by City. Specifically, and without limitation, Contractol' shall
comply with all state, federal, or local regulation regarding the removal and disposal of
hazardous waste.
A. PREVAILING WAGES: To the extent applicable, Contractor shall comply
with the City's Labor Compliance Program and all other requirements set forth in Labor
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Code section 1770 et seq. Contractor shall pay prevailing wages. Contractor will submit
monthly certified payroll records to City for all employees and subcontractors in a
preapproved format or a City provided form. Any delay in remitting certified payroll
reports to City upon request from City will result in either delay and/or forfeit of
outstanding payment to Contractor.
B. WORKING DAY: To the extent applicable, Conh·actor shall comply with
California Labor Code Section 1810, et seq. which provides that work performed by
employees of contractors in excess of 8 hours per day, and 40 hours during any one week,
must be compensated as overtime, at not less than 1 1h times the basic rate of pay.
C. PAYROLL RECORDS: To the extent applicable, Contractor shall comply
with California Labor Code Section 1776 which requires certified payroll records be
maintained with the name, address, social security number, work classification, straight
time and overtime hours worked each day and week, and the actual per diem wages paid
to each journeyman, apprentice, worker, or other employee employed by him or her in
connection with this Agreement. The Payroll Records shall be made available for
inspection as provided in California Labor Code Section 1776.
D. APPRENTICES: To the extent applicable, Contractor shall comply with
California Labor Code Section 1777.5 regarding apprentices.
21. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of
California excepting any choice of law rules which may direct the application of laws of another
jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders,
rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors
of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts
of the County of Santa Clara, State of California.
12. ADVERTISEMENT:
Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any
signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services
performed under this Agreement unless prior written approval has been secured from City to do
otherwise.
23. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained herein, shall
not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant,
or condition contained herein, whether of the same or a different character.
24. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the provisions hereof. Any modification of this Agreement will be effective only by
Page 9of20
written execution signed by both City and Contractor.
25. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be
deemed to be enacted herein, and the Agreement shall be read and enforced as though each were
included herein. If through mistake or otherwise, any such provision is not inserted or is not
correctly inserted, the Agreement shall be amended to make such insertion on application by
either party.
26. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement
and in no way affect, limit or amplify the terms or provisions of this Agreement.
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P.O. No.: '20 I l -~
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the
day and year first above written.
Address: 16020 Caputo Dr. Suite 200
Morgan Hill, CA. 95037
RECOMMENDED FOR APPROVAL:
By 8~0A-7_
Printed Name
APPROVED AS TO FORM: ByQ~~
Colleen Winchester, Acting City Attorney
ATTEST:
Contract Amount: $22,894.00
Account No.: 100-87-830-900-990
DOCUMENT 00530
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INSURANCE FORMS
INSURANCE FORMS INSTRUCTIONS
FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE
USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED.
ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE
1. Insurance Agreement-Must be signed by Contractor.
2. Certificate of Insurance to the City of Cupertino -must be completed by the :insurance
agent or must provide a certificate on the company's form. They must contain the same
information.
3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation -must
be signed by the insurance agent for general liability and automobile liability only.
4. Comprehensive general liability/commercial general liability endorsement of aggregate limits
of insurance per project -must be signed by the insurance agent for general liability only.
5. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the
insurance agent for worker's compensation only.
Page 12of 20
CUPERTINO INSURANCE AGREEMENT
A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires
every employer to be insured against liability for worker's compensation or undertake self-
insurance in accordance with the provisions of that Code, and will comply with such provisions
before commencing the performance of the work of this Contract.
B. Contractor and all subcontractors will carry worker's compensation insurance for the
protection of its employees during the progress of the work. The insurer shall waive its rights of
subrogation against the City, the City's officers, agents and employees and shall issue an
endorsement to the policy evidencing same.
C. Contractor shall caITy at all times, on all operations hereunder, commercial general
liability insurance, automobile liability insurance and builder's all risk insurance. All insurance
coverage shall be in amounts required by the City and shall be evidenced by the issuance of a
certificate in a form prescribed by the City and shall be underwritten by insurance companies
satisfactory to the City for all operations, sub-contract work, contractual obligations, product or
completed operations, all owned vehicles and non-owned vehicles. Said jnsurance coverage
obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its
engineer, and each of its directors, officers, agents and employees, as determined by the City, as
additional insureds on said policies. Insurers must be licensed to do business in the State of
California. The Insurers must also have an "A" policyholder's rating and a financial rating of at
least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable
to the City.
D. Before Contractor performs any work at, or prepares or delivers materials to, the site of
construction, Contractor shall furnish ce1tificates of insurance evidencing the foregoing insurance
coverages and sucl1 certificates shall provide the name and policy number of each carrier and
policy and that the insurance is in force and will not be canceled or modified without thirty (30)
days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages
in force until the work under this Contract is fully completed. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of the City by
Contractor under this Contract and for the duration of the warranty period. Notwithstanding
nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall
maintain in full force and effect during the life of this Contract, the following insurance in
amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or
better or that is otherwise acceptable to the City.
LIMITS
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Worker's Compensation and Employers'
Liability
General Liability -commercial general
liability; including provisions for contractual
liability, personal injury, independent
contractors and products -completed
operations hazard.
Automobile Liability -comprehensive
covering owned, non-owned and hired
automobiles.
In accordance with the Worker's
Compensation Act of the State of
California -Worker's Comp "statutory"
per CA Law; Employers' Liability
$1,000,000 per occurrence
Combined single limit of $2.0 million
per occurrence; $4.0 million in the
aggregate
Combined single limit of $1.0 million
per occurrence.
(Contractor's Name)
By:~~
Dated: ])Q L \ '\'\~
Page 14of20
'A, I
Fully Insured
PL&PD
a California Corporation
www.mcpaint.net
State License No
603069
South Bay: 408.920.6119 Monterey Bay: 831.372.1072 Fax: 408.333.9979
12/15/2015
Allison Sargent
McLaughlin Painting
16020 Caputo Drive Suite 200
Morgan Hill, CA 95037
831 -444-1299
Ty Bloomquist
City of Cupertino
10185 North Stelling Rd,
Cupertino, CA
408-460-1821
RE: Quinlan Cotrummity Center -The Cupertino Room
Interior Proposal:
We propose to prepare and paint the interior of your building according to the following:
1. Cover :furniture and floors with plastic or drop cloths.
2. Fill the nail holes unless instructed otherwise
3. Fill dings in walls that have exposed drywall only (with the exception of the columns)
4. Prime Vinyl baseboard prior to painting.
5. Paint walls, painted rails, columns, wall trim, stage ceiling, projector hallway ceiling & walls, and Yz
door trim with 2 coats of Kelly Moore paint color and sheen which was provided by customer (P-1
through P-5 colors)
6. Paint sconces ( 4 total) Prime + 1 coat of paint.
Interior Notes:
Please be advised about the below:
• Owners are to remove all articles from the walls, shelves and countertops and have furniture moved at
least 2' away from surfaces to be painted.
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• Customer agreed to remove all blinds (including small window blinds) prior to painting, filling in
chips/divots in column bases, taking down sconces for us to paint, dusting ofledges,
• Not included in bid: Acoustic ceiling, wooden beams, unpainted wood, window ledges, interior of
storage rooms & hallways, soffit vents/sprinkler platforms, window mullions.
• Bid is based on Monday-Friday 7AM-3:30PM work any days between January 4th_ 14111 end of day.
• Equipment is included in price.
• Bid is based on prevailing wage rates.
• Bid is based on new color scheme (marked on pictures provided by customer P-1 through P-5)
Options:
(Please initial the options you would like us to complete)
Option Initial Description Amount -1 :tf._o,_ Labor and materials for the work stated above: $ 22,894
We propose to furnish materials and labor to complete the work in accordance with the above specifications for
the sum of: twenty-two thousand, eight hundred ninety-four Dollars ($ 22,894)
Terms:
Billing: We will bill for the progress of work completed at the end of each month. Payment of monthly billing is due 30 days from
invoice date.
This price may be withdrawn if not accepted within 30 days.
All work is to be completed in a professional manner according to standard practices.
Scheduling: Will be discussed after contract is signed
Completion Date: Will be discussed after contract is signed
*For exterior painting, weather may delay the job. If you request the job for wintertime, this schedule does not apply.
Acceptance of Proposal:
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. The customer may cancel with a three day time period of the signed date below. Payment will be made as outlined. Any
amount 30 days past due will be subject to a 1.5% per month finance charge. If payment is not made, a mechanic's lien could be
placed on your property, and an additional $550 fee charged to cover processing fees.
Signature of acceptance -~='-____ o&_· ~ ____________ Date 12. .. f .f" .. 2° IS'
Submitted by: Allison Sargent