HomeMy WebLinkAboutMy Painting and GlassAGREEMENT
THIS AGREEMENT is made and entered into on theit,,'"Itday of Ma. 2016 by
and between the TOWN OF LOS ALTOS HILLS (hereinafter referre to as "TOWN")
and My Painting and Glass, Inc. (hereinafter referred to as "CONTRACTOR"), in
consideration of their mutual covenants, the parties hereto agree as follows:
1. CONTRACTOR. Shall provide or furnish the following specified services and/or
materials:
1) Perform exterior paitning for Heritage House
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated May 3, 2016
3. TERMS. The services and/or materials furnished under this Agreement shall
commence 5 10116 and shall be completed by 4, Y�j� //6 unless terminated
pursuant to Section 5(f).
4. COMPENSATION. For the full performance of this Agreement:
a. TOWN shall pay CONTRACTOR an amount not to exceed six thousand two
hundred sixty dollars and zero cents ($6,260.00) within thirty (30) days following
receipt of invoice and completion/delivery of services/goods as detailed in
Sections 1, 2, and 3 of this Agreement and only upon satisfactory
delivery/completion of goods/services in a manner consistent with
professional/industry standards for the area in which CONTRACTOR operates.
TOWN isnot responsible for paying for any work done by CONTRACTOR or any
subcontractor above and beyond the not to exceed amount.
b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to
deliver any services/goods. Town shall not be responsible for any interest or late
charges on any payments from Town to CONTRACTOR.
c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/
subcontractors to ensure delivery of goods/services within the terms of this
Agreement. TOWN will not accept or compensate CONTRACTOR for
incomplete goods/services.
Town of Los Altos Hills Page 1 of 4
Short form
Updated 4/23/10
5. GENERAL TERMS AND CONDITIONS.
a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold
harmless the TOWN, its officers, agents and employees from any and all
demands, claims or liability of personal injury (including death) and property
damage of any nature, caused by or arising out of the performance of
CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work
product, CONTRACTOR agrees to indemnify, defend and hold harmless the
TOWN, its officers, agents and employees from any and all demands, claims or
liability of, any nature to the extent caused by the negligent performance of
CONTRACTOR under this Agreement.
b. INSURANCE. CONTRACTOR. shall file* with the TOWN a certificate of
insurance before commencing any services under this Agreement as follows.:
i. WORKERS COMPENSATION INSURANCE: Minimum statutory
limits.
ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE
INSURANCE: General Liability and Property Damage Combined.
$1,000,000.00 per occurrence including comprehensive form,
personal injury, broad form personal damage, contractual . and
premises/operation, all on an occurrence basis. If an aggregate limit
exists, it shall apply separately or be no less than two (2) times the
occurrence limit. .
iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence.
v. NOTICE OF CANCELLATION: The City requires 30 days written
notice of cancellation. Additionally, the notice statement on the
certificate should not include the wording "endeavor to" or "but failure
to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives."
vi. CERTIFICATE OF INSURANCE: Prior to commencement of services,
evidence of insurance coverage must be shown by a properly
executed certificate of insurance and it shall name "The Town of, Los
Altos Hills, its elective and appointed officers, employees, and
volunteers" as additional insureds.
vii. To prevent delay and ensure compliance with this Agreement, the
insurance certificates and endorsements must be submitted to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills Page 2 of 4
Short form
Updated 4/23/10
c. NON-DISCRIMINATION. No discrimination shall be made in the employment of
persons under this Agreement because of the race, color, national origin, age,
ancestry, religion or sex of such person.
d. INTEREST OF CONTRACTOR. It is understood and agreed that this
Agreement is not a contract of employment and does not create an employer-
employee relationship between the TOWN and CONTRACTOR. At all times
CONTRACTOR shall be an independent contractor and CONTRACTOR is not
authorized to bind the TOWN to any contracts or other obligations without the
express written consent of the TOWN. In executing this Agreement,
CONTRACTOR certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of TOWN.
e. CHANGES. This Agreement shall not be assigned or transferred without
advance written consent of the TOWN. No changes or variations of any kind are
authorized without the written consent of the City Manager. This Agreement may
only be amended by a written instrument signed by both parties.
f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7)
days written notice to CONTRACTOR. Monies owed for work satisfactorily
completed shall be paid to CONTRACTOR within 14 days of termination.
g. RECORDS. All reports, data, maps, models, charts, studies, surveys,
calculations, photographs, memoranda, plans,. studies, specifications, records,
files, or any other documents or materials, in electronic or any other form, that
are prepared or obtained pursuant to this Agreement and that relate to the
matters covered hereunder shall be the property of the TOWN. CONTRACTOR
hereby agrees to deliver those documents to the TOWN at any time upon
demand of the TOWN. It is understood and agreed that the documents 'and
other materials, including but not limited to those described above, prepared
pursuant to this Agreement are prepared specifically for the TOWN and are not
necessarily suitable for any future or other use. Failure by CONTRACTOR to
deliver these documents to the TOWN within a reasonable time period or as
specified by the TOWN shall be a material breach of this Agreement. TOWN
and CONTRACTOR agree that until final approval by TOWN, all data, plans,
specifications, reports and other documents are preliminary drafts -not kept by
the TOWN in the ordinary course of business and will not be disclosed to third
parties without prior written consent of both parties. All work products submitted
to the TOWN pursuant to this Agreement shall be deemed a "work for hire."
Upon submission of any work for hire pursuant to this Agreement, and
acceptance by the TOWN as complete, non-exclusive title to copyright of said
work for hire shall transfer to the TOWN. The compensation recited in Section 4
shall be deemed to be sufficient consideration for said transfer of copyright.
CONTRACTOR retains the right to use any project records, documents and
materials for marketing of their professional services.
Town of Los Altos Hills Page 3 of 4
Short form
Updated 4/23/10
h. ENTIRE AGREEMENT. This Agreeme
nt represents the entire agreement
qw Q 0"Y ani I VU WO or Z11JULUU terms between i"i:5.mqreerneni
and ani attached Exhibits shall be interpreted according to the language in this
Agreement and not the Exhibits.
6. INVOICING. Send all invoices to the contract coordinator at the -address below.
This Agreement shall become effective upon its appr"oval and execution by ! TOWN, In
witness whereof, the parties have executed this Agreement the day and year first
written above.
�o�lA
�l�oa�oi��To��
representative for TOWN:
Richard Chiu
Public Works Director
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills
Short form
Updated 412$110
CONTRACTOR:
By:
Signature nate
Print name, Title
TOWN OF LOS ALTOS HI S:
By:
I r//
Carl Cahill, City Manager e, _7_—D6&
Pa(,10 4 of 4
MY P AND GLASS, INC.
168 San Lazaro Ave., Sunnyvale, CA 94086 DBA Lotus Painting & Glass Inc. State Lic, #553482
Tel: 408-926-0199 /Cell: 408-313-6689 Commercial Residential / Industrial
Fax 408-522-5223 FREE ESTIMATE
Email: minshinmy@yahoo.com
El INTERIOR 5K_EXTERIOR PAINTING PROPOSAL
Name 10S
C-k6t-0kd Oil Y�'Telephone
4(0
X(4 % " '�> �+
Address 7 9 402V
on eo &,d � b t i��Zb S
l�%%�,�.
� /9��` "2r.
Pr paration
I
Clean Surfaces to be painted
Scrape and sand loose paint
1� Prime bare metal and wood
Caulk cracks and spackle holes
over and mask as needed
special co lderations:
0
'erwood III "'dei A, C6 /at ilk� f m�
pe?p
aunt and dolor election 9,o Coa
c%. �r
0
Body Gutters Window Frame
Overhang Yf=ascia Other
07
Deposit Balance
� re �a�/�' lt,>�e Tad C� z �c' -�' /ooao �ZZ�S"
Customer Acceptance Signature
/Li i n% S�-IirJ
zb""00
tal Price 4'0 -ft— -
�To oe
el
A
Estimator Date
Payment: Payment in full should be given directly to the job Foreman upon completion. This estimate serves as your invoice.
Check Number
$ y,ca,r (J arra+.-�r
Date
CA
Received by
P wforEiLEASREAD ySho�
Min Shin My Painting and Glass' ' Inc. wants to provide superior service at competitve prices. We can best accomplish this with your.help and
understanding of the following:
"You the buyer, may cancel this transaction at any time prior to midnight of the third business clay after the date of this transaction. See.the *ttac4ed
Notice of Cancellation form for an explanation of this right."
Owner's Responsibilities
1. Removing and replacing obstructing articles.
2. Pruning shrubbery,
3 Providing access to water, electricity, and toilet facilities.
4, Opening and closing doors and windows.
Colors
Selecting, matching, and mixing colors can be very time consuming and these services are not Included in the basic estimate unless othepNise
specified.
Colors and color placement, therefore, should be decided before the job begins. Assistance can be provided at an additional charge.
Painting Notes
1. Preparation is for function and durability. Method and extent of preparation should be carefully reviewed with the estimator in advance,,."
2, Extraordinary and unforeseen damage encountered after the job begins may alter the estimate.
Extra
Any extra work requested by the Owner will be billed on a Time and Materials basis.
Notice
Under the Mechanic's Lein Law (California Code of Civic, Procedure, Section 1181 et seq), any contractor, subcontractor, laborer, materiah"nan, or other
person who helps to improve your property, and is not paid for his labor, services, or material, has a right to enforce his claim against your property.
Interest and carr , r
ying charges will be added at the rate of 2% per month (24% per year) on all unpaid balances.
Form
{Rev. 04-,,tober 2071
Oopsrtment of t1w Trwzxy
Interned Revellue Service
Name # a ahown on your income
CNI
Business e, ff/diftontfr)om i
ReqUest for Taxpayer Give firm to the
Mquas*r. vo.. not
11dontificats on Numbo r and certification Isend to the IRS.
0-
C
0 .......
.a- prQpn9jw Ccwporaaon 'E3 Partneralip Exempt
C - '1ndW1duW1SQ10 -
0 Umited lability company. F-rOr the t9X dwsiftaflon P=dlareqarded DntKy, C=corporation, P=perbWab payee
:3 Other (bee Instruchms) R N equeeler's name and addros (ppdoMl)
Addirew (number, street,and W or suiteno)
" f.2, A Tow* n of LOS Alt es Hills
City, Mate, and ZIP code 26379 Fremont Road
JLoslMos Hills, CA 94M
LW acommt number here (cptonal)
Identification Number MN)
Enter your TIN In the appropriator box The TIN provided must match the naino given .nn Une. I to avoid social tecurtty number
backup Wthholdine. For individuals, this is your social security number (ASN). However, for a resident z 4V &Z
alien, sole proprietor, or disregarded entity, see the Part I Instructions on page. 3. For other enti las; It Is f or 1
yolr emplayw identffivacn Turiber - 1M. if you do -not i M.VS a rAk nber, -'sozf4cw- - tlo Vet a T—W Dn Page 2.
Imployar ldsrffl�catlon number
Note. it the docount Is In more than one ilaMe, see the ohArt on page 4 for guidelines on wh6ee ?,X/
nuNr to entor.
WNW -CArtffinat-lon
Under penalties of perjury, I certify Iliat;
1. The number shown on this form is my correct taxpayer IdeMillcatlon number (or I am wafting far a number to be Issued to me), and
a,. 4. am ".;qftVt from bac4%jp. wklA11"10 cf 0) 1 fw% mt been no#W by ft " ernlki
2. 1 am j)0t_,stMe0t to backW *OYA&V boMAO ':
Rovenuo Service (IRS) that I am subject to baokup withholding as a result of.a failure to report all interest or dlyld9ndsor (q) the IRS has
notified m6 that I am no longer sLlbject to beokLip withholding, and
3. 1 am a U,8. ottizen or Ober U,8. person (def 6pd below).
ceM1Jc;jtlon InWuctlons- You must cross mg,ltom 2 abovo If you have been notified by tie IRS that you are currently e0aleCA to babWp
interact and dividends on your tax rottirm For real estate transaofionso Ulm 2 does not apply.
Withholding because you hive Palled to report all
For mortgage interest paid, acquisition or abandonment of secured property, cancallation of debt, cont0lbutlon-s to an Individual retirement
than Interest and dividends, you are not raq4ried Io sign the Certification, 'but ydu Must
arrangement ORA). and Generally, payments other
ONT-ed TIN. e*e _t!14
Sign
Here.
Vgrwtura of
US, pera*n llp�
Date
------ -7 /)
MA
General Instruotions
DofltlM*n 01 a U.,& person. For fedoral'thx purposes, you are
considered a U.S. person if you are;.
Section references are to the Internal Revenue Oodo unless
*pin individual who is a U.,8, oftizen or U.S. resident alien,
otherwise noted.
Purpose -Of dorm
# A part ship-, torporawk companyl, or -aSS0CW10n CMW Or
organized Ill the United States or under the IMS of the United
A person who is required to file an information return with the
in$ must obtain your =root taxpayer identification number (TIN)
-States,
4 An estate (other than a foreign estate), or
to report, for example, incorr* paid to you, real estate
* A doMeAc tfu$t (as defirted In RaguMtldhs section
transactions, mortgage Interest you paid acquisitlon or
abandonment of v�cured property, cano4atlon of debt. or
special rules for pwtnarsh1p& Partnerships, that conduct a
contributions you rmde to an IRA.
trade or business In the United states are generally required to
Use -Form W-9 only 11 you are e U -S.. . a
resident alien), to provide your correct TIN to -the person
,pq-a wittholdft-V -tex. -W M, , - pe. n,�W -*mm of --fto mw -
from such business, Further., in contain cases where a Farm W-9
reluesting R (the requosbar) and, whan,applicable, to:
has not been reoelved', a partnership Is required to presume that
1, Certify that the 11N you are giving Is correct (or you are
a partner is a foreign person, and pay the ,withholding tax,
11w9fore, If you are a U.S. person that Is :a partner In a
wafting for a number to be Issued),
partnership conducting a trade or busihass In the United States,
I
u are not subject to �ackup withholding, or
2. Certify that you
provid * e Form W 9 to the partnership to establish your US.
-
3. 01aim exemption from backup withholding W you are a U.S.
status and avoid withholding on your share of partnership
exampt. Payee. V ap * Uoable, you aro also cortifyIng that as a
V,s* person., your aTcocabte -share of any- partnershtp Income
Income.
The person who gives Form W-9 to thelp*;artnershlp for
-a U.S. trade or business Is not subjeol to the withholding tax on
U.$, status and
purposes of establishing its -avoiding withholdingforeign
partners' share of effectively oonwcted Income.
on its allocable share not incorne fromthe partner*p
Note. If a requostor gives you a form other than Form W-9 to
conducting a trade or business In the United E� atos Is In the
request your TIN, you must use the requester's form If It Is
following cases:
substantially similar to this Form W-9.
The U.S, owner of s disregarded entity and not tho entity,
M-
Cat, No. 10231X Form W-9 Rev-- 1072007)
DATE (MWDON"
AC49RV CERTIFICATE OF LIABILITY' INSURANCE 0310912016
THIS A CER11FICATE - IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CEIkTIMCATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW THIS
CERTIFICATE OF INSORANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS}, AUT 4H.
REPRESENTATIVE OR PRODUCER, AND TME CERTIFICATE HOLDER. - -----
impoRTANT: if the certificate holder Is an AODMONAL INSURED, the I30110y(100) must bO OndOrs0d. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of a.ucb. endomemept(s).
CONTACT
PRODUCER ."AMM' A
& f
P 14ONE 408-252-3200 =3 NoIL 408-252-8681
Jae Lee(965034K) L
rZOMAIL S
I F.D, w S 4 116goob(mersaa-001-mm
715 Saratoga Ave 21
San Jose CA 951292329 INSURER A: Truck Insurance Exchange 21709
INSURED INBURO 9 Farmers Insurance Exchaflge_ 21652
MY, PAINTING AND GLASS, INC. INSURER C Mid Century Insurance Comp2nx, 21687
168 SAN LORENZO AVE INSURER 0
INSURER E:
SUNNYVALE CA 94086 t INSURER F:
CORAGESCERTIFICATE NUMBER: REVISION NUMBER.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY. REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS'
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
AND iftnKini"rinkta OF SUCH POLICIES. LIMITS SHOWN MAY HAVe BEEN REDUCED BY PAID CLAIMS.NSR,
S . WF Poilowy
TYPE OFINSUMCE LL=
LTR
GENEPALLIABILITY
COMMERCIAL GENERAL LIABILITY
CLAJMS-MADE D OCCVR
GEN L AGGREGATE LIMIT APPLIES PER:
POLICY LOC
AUTOMOBILE LIABILITY
ANY AUTO
B ALL OWNED xSCH0EDULED
AUTOS WN48M. ED
HIRED AUTOS AUTOS
UMBRELLA LIAR OCCUR
EXCESS LIAR CLAIMS4MD1
WORKERS COWEMATION
AND EMPLOWRV LIABILI ' TY YIN
ANY PROPRIETORIPARTNERIEMUTIVE NIA
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
605894878 102/18/2016102118/2017
---CFU-p,noN of OpVRATM3 , LOCATIONS I VEMCLES (AaaCh ACOM jolt Additional RemarksSchadule, V more space Is Mquired)
DES
Endorsement - (IF APPLICABLE, WILL SE DELIVERED WITH POLICY).
E►CH OCCURRENCE
-TO-R-EffMD
pKMISM (Ea.Mrrerre.)
$
MED EXP (Any 00 2!2Rn),
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
PRODUCTS - COMP/OP-AGG
$
- NISI St N GM 110T
OM
(ga go 1$
7
BODILY INJURY (Per pamon)
$ 100,000
901�1Ly INJURY (Per acdclant) $ 300,000
-o—PER MAGE
per ej�d t10A
r
$ 100,000
EACH OCCURRENCE
$
AGGREGATE
$
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY UMrr
$
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, N0110E WILL BE DELIVER -ED IN
ACCORDANCE WITh THE POLICY PROVISIONDA;
AUTHORIZED REPRESEN:!teTATM—,,--..
ACORD 26 (2010106) 1988-2010 ACORD CORPORATION. All d9bts reserved.
The ACORD name and logo are registered marks of ACORD
POLICYHOLDER COPY I NG
COMPENSATION P.O. BOX 8192,, PLEASANTON, CA 94588
INSURANCE
FUNLi
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 12-28-2015 GROUP:
POLICY NUMBER: 1975348-2015
CERTIFICATE ID: a
CERTIFICATE EXPIRES: 12-28-2016
12-28-2015/12-28-2016
CONTRACTORS STATE LICENSE'BOARD NG LIC PERMIT#: 553482
WORKERS COMPENSATION UNIT INCEPTION DATt:12-28-2013
PO BOX 26000 D0:NQ
SACRAMENTO CA 95826-0026
. ..... ...... ....... ...........
This is to certify that vve have issued a valid Workers' Compensation ^ insurance policy in a form approved by the
California Insurance Commissioner. to the employer named below for. the policy period, indicated.
This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer.
We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document.
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
Authorized Representative President and CEO
E . MPLOYERIS LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #16W - MIN SHIN, P S T EXCLUDED.
EMPLOYER
LOTUS PAINTING & GLASS, -INC NG
168 SANT LAZARO AVE
SUNNYVALE CA 04086
PRINTED : 11-17-2015
(REV,7-2014)
M0409