1-888-LETS-PAINT CLIENT: PASCON 2514 LAMBERT LANE SAN JOSE, CA 408-461-0433 EXTERIOR WOOD STUCCO PAINTING CONTRACT SCOPE OF WORK: EXTERIOR PREPARATION AND PAINTING OF MAIN STRUCTURE LOCATED AT THE ABOVE CLIENT’S ADDRESS. INCLUDING PRESSURE WASHING OF ALL WOOD, STUCCO SIDING, GUTTERS, FACIA PEAKS, TRIM AND ASSOCIATED AREAS TO BE PAINTED. FRONT / ENTRY DOOR (S) ARE INCLUDED IN THIS CONTRACT. ALL PAINTED DECORATIVE TRIM COLOR WILL BE WRAPPED (PAINTED ON FACE AND SIDES.) EAVES AND BODY TO BE SAME COLOR. THIS CONTRACT HAS BEEN BID AT TWO COLORS. IF ADDITIONAL COLORS ARE CHOSEN THERE WILL BE AN ADDITIONAL CHARGE, DEPENDING ON COLOR. PLEASE NOTE: THIS IS AN EXACT ACCOUNTING OF WHAT THIS CONTRACT IS BID AND BASED ON. 1 WOOD & STUCCO PREPARATION TO INCLUDE: THOROUGH PRESSURE WASHING OF ALL EXTERIOR SURFACES TO REMOVE ANY AND ALL LOOSE PAINT NOT YET VISIBLY LOOSE, BUT ALREADY SEPARATED FROM EXTERIOR SURFACES DUE TO WATER ESCAPE THROUGH CRACKS WITHIN SIDING. ALL SURFACES WILL BE CURED, FIRM, DRY, AND CLEANED FREE OF DUST, DIRT, OIL, GREASE, WAX, PARTING COMPOUNDS, EFFLORESCENCE, ASPHALT STAINS, MILDEW OR ANY OTHER CONTAMINATION OR CONDITION THAT WOULD ADVERSELY AFFECT THE PERFORMANCE OF THE PRIMER APPLICATION. ETCHING OF GLOSSY, GLAZED OR DENSE SURFACES. COMPLETE PREPARATION OF IMPERFECTIONS IN THE STRUCTURE, INCLUDING THE COMPLETE SEALING, CAULKING, PATCHING, PRIMING AND SANDING OF GUTTERS, WOOD, WINDOW FRAMES, AND ASSOCIATED AREAS WHEREVER NECESSARY. FINALLY ALL PLANTS, CEMENT, WINDOWS, ETC., WILL BE COMPLETELY COVERED WITH PLASTIC, PAPER, OR DROP CLOTHS. THIS PROCESS WILL PROTECT YOUR PROPERTY FROM UNNECESSARY DAMAGE. PRODUCT HANDLING: THE APPLICATION OF THIS PRODUCT WILL BE MADE BY BRUSH, SPRAY AND/OR ROLLER. PRODUCT WILL BE HAND FEATHERED TO ENSURE AGAINST ALL POSSIBLE TELEGRAPHING, WHICH WILL RESULT IN A FLAT AND EVEN FINISH COAT. QUALITY ASSURANCE: DOUGHERTY PAINTING WILL PERFORM THE FOLLOWING STEPS TO ENSURE A QUALITY JOB: COMPLETE WATERBLASTING AND SUBSEQUENT REMOVAL OF PEALING PAINT. COMPLETE PREPARATION OF IMPERFECTIONS IN THE STRUCTURE, INCLUDING THE COMPLETE SEALING, CAULKING, PATCHING, PRIMING AND SANDING OF GUTTERS, WOOD, WINDOW FRAMES, AND ASSOCIATED AREAS WHEREVER NECESSARY. COMPLETE PATCHING OF ALL CRACKS WITHIN STUCCO USING KELLYMOORE ACRYLIC KEL-PATCH PATCHING COMPOUND. ALL PEELING WOOD SIDING SURFACES, AND PATCHED STUCCO SURFACES TO RECEIVE KELLY-MOORE 1240 ACRYLIC FINISH BACKROLLED INTO SURFACES. (THIS PROCESS FORCES THE PAINT INTO THE SURFACES). COMPLETION OF FINAL COAT USING KELLY-MOORE 1240/1245 STUCCO AND WOOD FINISH. IF APPLICABLE, DOORS, JAMBS, WINDOW FRAMES, AND TRIM TO RECEIVE KELLY-MOORE 1240/1245/1250 (SAME AS EXISTING OR PRE 2 CHOSEN BY CLIENT). CHOICE OF MATERIAL OTHER THAN EXISTING COULD ALTER PRICE OF CONTRACT. PREPARATION AND PAINTING NOTES PREPARATION IS FOR FUNCTION AND DURABILITY. PEELING, CRACKED, BUBBLING, OR OTHERWISE WEATHERED SURFACES ARE TO BE SCRAPED, SANDED AND PRIMED AS NEEDED FOR FUNCTION. OLDER HOMES OR BUILDINGS CANNOT BE MADE TO LOOK NEW IF THEY HAVE BEEN ALLOWED TO WEATHER. LOOSE PAINT WILL BE REMOVED FROM WEATHERED SURFACES AND SANDED BUT NOT COMPLETELY SMOOTH OR “LIKE NEW”. METHOD OF APPLICATION OF PRIMERS OR PAINTS IS UP TO THE JUDGMENT OF THE FOREMAN. NOTE: DOUGHERTY PAINTING, INC. TAKES NO RESPONSIBILITY FOR THE FOLLOWING: THE BREAKING OF WORN SHINGLES, ROOF TILES, GLAZE OR PLUMBING FIXTURES, ANYTHING ALREADY BROKEN, FIXING, OR FILLING OF SPLIT OR CRACKED WOOD, REPAIRING IN GENERAL WHERE A SPECIALTY CONTRACTOR IS REQUIRED. CONTINUED BLISTERING OR PEELING OF PAINT DUE TO CONDITIONS BEYOND OUR CONTROL (SUCH AS GASSES TRAPPED IN WOOD, LEAKS FROM ROOF, EXCESSIVE WATER FROM SPRINKLERS, SAP IN THE WOOD, IMPROPER PREVIOUS WORK, ETC.) THE TEXTURE OF PAINTED SURFACES (PATCHED CRACKS ON SOME SURFACES WILL BE EVIDENT BECAUSE OF DIFFERENCES IN WOOD TEXTURE, E.G. STUCCO). ANY OTHER CONTRACTOR WORK DONE BEFORE OR AFTER OURS. WASHING WINDOWS AFTER PAINTING, DAMAGE CAUSED TO ANY OF THE FOLLOWING IN THE NORMAL COURSE OF PAINTING: PATIO COVERS, SHRUBS, SIDEWALKS, LAWNS, FENCES, PLANTERS, RETAINING WALLS, ETC. OWNER AGREES TO ASSUME ALL RESPONSIBILITY AND RISK THEREOF. DOUGHERTY PAINTING, INC. RESERVES THE RIGHT TO RE-ESTIMATE ANY JOB FOR ANY OF THE FOLLOWING REASONS: SANDBLASTING DONE AFTER A PREVIOUS ESTIMATE. CONTINUED OR ADVANCED WEATHERING. THIRTY DAYS EXPIRED. ANY CHANGE REQUESTED. OTHER CHANGES THAT WOULD AFFECT PRICE. TERMS AND CONDITIONS 1. CONTRACTOR TO PERFORM ALL WORK IN A GOOD AND WORKMANLIKE MANNER. CONTRACTOR WILL AT ALL TIMES MAINTAIN PROPER WORKMAN’S COMPENSATION INSURANCE AND WILL COMPLY WITH CALIFORNIA CONTRACTOR’S LICENSE REGULATIONS. 2. CHECK IS TO BE GIVEN TO JOB FOREMAN AT SATISFACTORY COMPLETION OF JOB. SATISFACTION SPECIFICALLY MEANS MEETING TRADE STANDARDS. 3. OWNER IS RESPONSIBLE FOR PROVIDING ACCESS, WATER, ELECTRICITY, AND A SHOP CLEAN UP AREA. IT IS THE RESPONSIBILITY OF THE OWNER TO 3 4. 5. 6. 7. OBTAIN PERMISSION, IF IT IS NECESSARY TO GO ONTO OR OVER THE PROPERTY OF ANOTHER TO PERFORM THE CONTRACT. OWNER IS RESPONSIBLE FOR BEING HOME TO UNLOCK WINDOWS AND DOORS AS REQUIRED AND STAYING HOME UNTIL THOSE WINDOWS AND DOORS HAVE DRIED AND CAN BE SECURED. OWNER IS RESPONSIBLE FOR KEEPING PETS, CHILDREN, ETC. OUT OF PAINT AND PAINTING AREA. DOUGHERTY PAINTING SHALL NOT GUARANTEE ANY BRAND OF PAINT OTHER THAN KELLY MOORE, AND SHALL NOT BE HELD RESPONSIBLE FOR ANY DEFECT OR PRODUCT FAILURE FROM ANY PAINT PRODUCTS OTHER THAN KELLY MOORE. SHOULD CLIENT CHOOSE TO CANCEL THIS CONTRACT FIVE BUSINESS DAYS OR MORE AFTER SIGNING, THERE WILL BE A CANCELLATION FEE OF UP TO 10% OF CONTRACT AMOUNT. EITHER PARTY (OWNER OR CONTRACTOR) SHALL BE EXCUSED FOR ANY DELAYS OR DEFAULTS BY THEM IN THE EXECUTION OF THE CONTRACTOR UNAVOIDABLY CAUSED BY THE ACT OF THE OTHER PARTY, THE ACT OF ANY AGENT OF THE OTHER PARTY, THE ACT OF GOVERNMENTAL AUTHORITY, ACTS OF GOD, THE ELEMENTS, OR OTHER CAUSES BEYOND EITHER PARTY’S CONTROL. EACH PARTY SHALL USE REASONABLE DILIGENCE TO AVOID ANY SUCH DELAY OR DEFAULT AND TO RESUME PERFORMANCE UNDER THIS CONTRACT AS PROMPTLY AS POSSIBLE AFTER SUCH DELAY OR DEFAULT. EXCLUSIONS UNLESS SPECIFICALLY INCLUDED IN THE CONTRACT, THE FOLLOWING ITEMS ARE EXCLUDED: ALL UNPAINTED CHIMNEYS, BRICKS, SHUTTER BACKS, DOOR INTERIORS, ANY SHRUB TRIMMING, GUTTER CLEANING, SHUTTER REMOVAL, PAINTING OF ANY NATURAL SURFACES, VARNISHED SURFACES, THRESHOLDS, UNPAINTED FENCES, WALKING SURFACES, RETAINING WALLS, PLANTERS, FIXTURES (MAILBOXES, LIGHT FIXTURES, LAMP POSTS, FLAGPOLES, METERS, WROUGHT IRON, FENCES, GATES, ROOF VENTS AND VALLEYS, FURNITURE). DOUGHERTY PAINTING IS NOT RESPONSIBLE FOR MASKING TAPE PROCEDURE DAMAGE. BUILDING IS ESTIMATED TO BE PAINTED THE SAME AS ORIGINAL PAINT STYLE ON BUILDING. PAINT AND WORK SPECIFICATIONS: THESE SPECIFICATIONS ARE INTENDED TO EMBRACE ALL OF THE LABOR AND MATERIALS NECESSARY IN THE COMMENCEMENT AND COMPLETION OF THE PAINTING IN ALL ITS PARTS. THE WHOLE TO BE COMPRISED WITHIN ANY CONTRACT OR CONTRACTS THAT MAY BE MADE FOR THE SAME. 4 THE ENTIRE WORK IS TO BE STARTED AND FINISHED IN EVERY PART IN A GOOD, SUBSTANTIAL AND WORKMAN-LIKE MANNER ACCORDING TO THESE SPECIFICATIONS TO THE FULL EXTENT AND MEANING OF THE SAME, AND TO THE REASONABLE APPROVAL AND ACCEPTANCE OF THE OWNER OR THE OWNER’S AGENT. THE CONTRACTOR SHALL PROVIDE ALL MATERIALS AND LABOR NECESSARY FOR THE COMPLETE AND SUBSTANTIAL EXECUTION OF EVERYTHING DESCRIBED, SHOWN, OR REASONABLY IMPLIED. THIS INCLUDES ALL TRANSPORTATION, MATERIALS (UNLESS OTHERWISE PARTICULARLY SPECIFIED TO BE THE BEST OF THEIR RESPECTIVE KIND) AND ALL WORKMANSHIP TO BE THAT OF SKILLED PROFESSIONAL PAINTERS. THE CONTRACTOR IS TO MAINTAIN AT ALL TIMES A COMPETENT FOREMAN ON THE JOB. HE IS TO EXECUTE THE WORK WITH DUE DILIGENCE AND EXPEDITION. HE IS TO GIVE IMMEDIATE ATTENTION TO THE DIRECTIONS OF THE OWNER’S REPRESENTATIVE AND WILL BE HELD RESPONSIBLE FOR VARIATIONS FROM SPECIFICATIONS. HE SHALL MAINTAIN AND GUARANTEE THE STABILITY OF THE WORK; AND REPAIR ANY DEFECTIVE WORK FOR A PERIOD OF FIVE YEARS AFTER COMPLETION OF THE CONTRACT. DOUGHERTY PAINTING’S 5 YEAR GUARANTEE DOUGHERTY PAINTING, INC. GUARANTEES THAT ANY KELLY-MOORE MATERIALS APPLIED BY US WILL WEATHER NORMALLY FOR THE LIFE OF THE PAINTING, FOR A PERIOD OF FIVE YEARS. THIS PERTAINS ONLY TO THE IMMEDIATE SURFACE TO WHICH OUR MATERIALS ARE APPLIED AND DOES NOT APPLY UNDER EXTRAORDINARY CIRCUMSTANCES SUCH AS EXCESSIVE WEATHER EXPOSURE, CUSTOM COLORS, DEEP-TONE COLORS ON LARGE SURFACES, PAINTS NOT SUPPLIED BY US, OR ANY OTHER FAILURE BEYOND OUR CONTROL. THIS GUARANTEE SPECIFICALLY EXCLUDES FAILURE DUE TO IMPROPER PREVIOUS MAINTENANCE SUCH AS PRIOR PAINTING OVER UNPREPARED SURFACES, AND HORIZONTAL SURFACES SUCH AS DECKS, PORCHES AND WALKWAYS. IF ANY PAINT SHOULD FAIL WITHIN FIVE YEARS, DOUGHERTY PAINTING, INC. WILL CORRECT THE FAILURE AT NO CHARGE. COATS: ONE COAT WILL BE APPLIED FOR PROPER APPEARANCE AND PROTECTION, EXCEPT IN THE CASE OF RAW OR UNPAINTED SURFACES WHICH SHALL RECEIVE TWO COATS. BACK ROLLING TO BE USED ON ALL PEELING WOOD AND SIDING USING KELLY-MOORE 1240 COATINGS FOR WOOD. THIS PROCESS FILLS OPEN CRACKS AND INSURES PROPER ADHESION. IF EXTRA COATS ARE REQUIRED DUE TO COLOR CHOICE FROM CLIENT, THERE WILL BE AN ADDITIONAL CHARGE. 5 PAINT: ALL PAINTS AND OTHER MATERIALS USED WILL BE KELLY-MOORE PREMIUM QUALITY OR CUSTOMER’S CHOICE. COLORS: PRICE QUOTED IS FOR COLORS TO BE PICKED FROM THE COLOR CHART SUPPLIED. COLOR AND COLOR PLACEMENT TO BE PICKED BEFORE THE JOB BEGINS. COLORS WILL NOT MATCH CHIPS EXACTLY. ALTERATIONS: IT IS ALSO UNDERSTOOD THAT THE OWNER’S REPRESENTATIVE SHALL HAVE THE RIGHT TO MAKE ANY ALTERATIONS, ADDITIONS, OR OMISSIONS OR WORK OR MATERIALS HEREIN SPECIFIED DURING THE PROCESS OF THE BUILDING THAT THEY MAY FIND NECESSARY. THE SAME SHALL BE ACCEDED TO BY THE CONTRACTOR AND CARRIED INTO EFFECT WITHOUT VIOLATING THE INTEGRITY, OR THE QUALITY OF WORK LAID OUT IN THE CONTRACT. THE VALUE OF ALL SUCH ALTERATIONS, ADDITIONS OR OMISSIONS SHALL BE AGREED UPON IN WRITING BETWEEN THE CONTRACTOR AND OWNER’S REPRESENTATIVE BEFORE GOING INTO EXECUTION. NO EXTRA WORK WILL BE ALLOWED WITHOUT SUCH WRITTEN AGREEMENT, FURTHERMORE; IF ANY PARTY HERETO COMMENCES AN ACTION OR ARBITRATION PRECEDING TO INTERPRET OR ENFORCE THIS CONTRACT OR ANY PROVISIONS HEREOF, THE PREVAILING PARTY SHALL BE ENTITLED TO AN AWARD OF COSTS AND ATTORNEYS’ FEES IN ADDITION TO ALL OTHER AMOUNTS AWARDED BY THE COURT OR ARBITRATOR. COMPLETION TIME: APPROXIMATELY 3-4 WORKING DAYS FROM START DATE. EXPERIENCE: OVER THIRTY-FIVE YEARS OF PAINTING EXPERIENCE SPECIALIZING IN RESIDENTIAL AND CUSTOM HOME PAINTING. WE TAKE PRIDE IN DOING SUPERIOR WORK, OFFERING PERSONALIZED SERVICE AND BEING DETAIL ORIENTED. PAYMENT SCHEDULE: TOTAL COST OF JOB $3500.00 6 PAYMENT DUE IN FULL ON DAY OF COMPLETION CHANGE ORDERS/ADDITIONS CREATED BY THE CLIENT WILL BE AT THE RATE OF $65.00 PER MAN HOUR MICHAEL DOUGHERTY OWNER, DOUGHERTY PAINTING, INC. ________________________ ____/____/____ OWNER OR OWNER REPRESENTATIVE ________________________ ____/____/____ CLIENT HAS THE RIGHT TO CANCEL THIS CONTRACT IN WRITING WITHIN 3 DAYS OF SIGNING. ALL CONTRACTORS RECORDS ARE ON FILE IN SACRAMENTO. YOU MAY INQUIRE ABOUT ANY CONTRACTOR BY CALLING THE STATE BOARD OF CONTRACTORS PH #800-321-2752. DOUGHERTY PAINTING WILL SUPPLY THE CLIENT WITH PROOF OF WORKMEN’S COMPENSATION INSURANCE, PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ($500,000.00 IN COVERAGE). 7