24-051 SO #1 dated 6-24-25 for Service Center Gate Antenna- PO 2024-498Contract/Purchasing Action
Personnel Information
Name Jimmy Tan Department Public Works
Division Operations Date 06.20.2024
Service Order
Upload Quote
Quote, Description of Project,
Scope of Service, Schedule of
Performance and
Compensation
pm604500 - (6_18_2024).pdf
Service Order Amount $2,308.71
Master Agreement
Number
2024-062 Start Date 05/14/2024 End Date 06/30/2027
Firm Name A&D Automatic Gate Address 810 Warrington Ave, Redwood
City, CA 94063, USA
Phone (650) 365-8828
Consultant/Contractor
Name
Amnah Darwish Consultant/Contractor
Email
amnah@automatedgate.com
Project Name SO 1 Service Center
Gate Antenna
Project Location Service Center
Cupertino Project
Manager Name
Jimmy Tan Cupertino Project
Manager Email
jimmyt@cupertino.org
Master Agreement
Maximum
Compensation
$60,000.00 Total Previously
Encumbered to Date
$0.00
Encumbrance this
Service Order
$2,308.71 Master Agreement
Unencumbered Balance
$57,691.29
SO GL #100-87-829 900-905
Signature
06/21/2024 PDT
Consultant/Contractor Signature Date
06/24/2024 PDT
Manager/Supervisor Signature Date
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature.
06/24/2024 PDT
Management Analyst Signature Date
Date: 06/21/2024 PDT
Email: amnah@automatedgate.com
Date: 06/24/2024 PDT
Email: jimmyt@cupertino.org
Date: 06/24/2024 PDT
Email: jindyg@cupertino.org
PROJECT QUOTE
Quote Nbr:017606
Quote Date:6/18/2024
Valid Until:7/18/2024
Sales Person:RODOLFO SANCHEZ
ISSUED TO PROJECT ADDRESS
City of Cupertino
Nathan Vasquez
Phone: 408-777-3272
10555 Mary Ave
Cupertino, CA, 95014-1322
10555 Mary Avenue, Cupertino
10555 Mary Ave
Cupertino, CA, 95014-1322
REFERENCE
ESTIMATE DESCRIPTION
A&D Automatic Gate and Access is pleased to present a quote to:
Install directional antenna on post
Run wire back to cellgate and connect coax cable
Call cell gate to guide on where it works best to test and bolt on
Signature:Quote Total (USD)2,308.71
Less Discount (USD)0.00
Tax Total (USD)0.00
Total (USD)2,308.71
Contactors License #: WGES – CSLB# 1026021 - AGS & A&D – CSLB# 429416 - RGM Arizona – ROC 336319 - RGM Oregon – CSLB# 255130 - RGM Washington – CSLB# 604662765
Page 1 of 1
AUTOMATEDGATE SERVICES, INC. &
WESTCOAST GATE & ENTRY SYSTEMS, LLC.
TERMS AND CONDITIONS.
1. ACCEPTANCE. The terms and conditions contained herein constitute the terms and conditions upon which Automated Gate Services, Inc.,
Westcoast Gate & Entry, LLC, and RG Maintenance (collectively, the “Seller”) shall supply and install automated gate products and services to the
buyer (“Buyer”). Buyer accepts these terms and conditions (“Terms” or “Contract”) by: (a) executing a separate proposal with Seller, (b) delivering a
purchase order for goods and/or services with quantities and delivery dates acceptable to Seller; (c) accepting delivery of the products and/or
commencement of the services; or (d) paying the price for the goods and/or services, whether or not prior to delivery or commencement, as agreed to
by the parties and/or set forth in the purchase order, quote or invoice, whichever of those four acceptance methods comes first. Any counteroffer or
proposed addition to or supplement of, or any material variance from, the material terms and conditions of this Contract, whether oral or written, are
hereby expressly objected to, and rejected.
2. ORDERS, SPECIFICATIONS, AND RIGHT TO SUBSTITUTE. All goods are offered for sale subject to availability and subject to Seller’s acceptance
of the order. Seller reserves the right to reject any order for goods or services without the obligation to assign any reason for so doing. No order shall be
deemed accepted by Seller unless and until Seller confirms the order in an order confirmation. Seller reserves the right to substitute parts and
equipment that Seller considers to be “or equal” in quality and effect unless specifically stated “no substitutions.”
3. PRICING. All rates and prices for goods and services specified shall be valid for thirty (30) days unless otherwise stated in writing by Seller, and are
exclusive of any present or future federal, state, local, or other taxes, transportation, or insurance charges, as well as any prevailing wages to the extent
applicable. Any applicable taxes shall be added to the invoice and paid by Buyer unless Buyer provides Seller with a valid exemption certificate
acceptable to Seller and the appropriate taxing authorities. Any and all bond costs are not included in the pricing; Seller’s rate is three percent (3%).
Unless otherwise advised by Seller, orders calling for future delivery shall be billed at prices in effect at the time the order is placed. Unless otherwise
stated, different products on an order may not be combined to obtain quantity pricing.
The quoted price (“Quote Price”) is in U.S. Dollars, is offered for acceptance within three (3) days from the date set forth on the Quote, and is subject to
the following conditions:
1. The Quote Price may be increased without notice by Company an amount equal to any tax Company may be required to collect or pay on the sale;
2. The Quote Price may be increased as a result of Buyer’s requested changes in the goods or services or changes in the production schedule; and
3. Due to the current volatility in material supply and costs, the Quote Price is subject to change without notice, even after the acceptance of this
Quote by Buyer. Verification of the Quote Price by Buyer is required before Buyer places an order.
Due to increased volatility in raw and finished material markets, Buyer will be responsible for additional charges related to cost increases due to any
delays in procurement, including delays due to project timeline changes, submittal approval, design and re-design, site readiness, or any other factors
outside the control of WCG/AGS.
4. TERMS OF PAYMENT. All orders are subject to approval by Seller, and Seller may require that Buyers make partial or full payments in advance of
shipment or on delivery. Unless otherwise expressly stated on the face hereof, terms of payment are cash in United States dollars and are due and
payable to Seller in full within thirty (30) days after the date of invoice. Buyer agrees to pay interest on all accounts outstanding for more than thirty (30)
days at the maximum rate permitted by California law. In the event of any default by Buyer, Buyer agrees to pay reasonable expenses of Seller
including, without limitation, reasonable attorneys’ fees incurred by Seller for collection of any indebtedness created hereby. Only Seller’s repair
services—and not Seller’s installation services or products—are permitted to be paid by Buyer with a credit card. Seller reserves the right to amend its
credit card policy at any time. For any such payment by credit card, a convenience fee will apply to each credit card transaction over $1,500.00.
A fee of up to $50.00 will be charged to Buyer each time a check, an automatic deduction from an account with a designated financial institution, or
some other form of electronic payment used by Buyer is returned unpaid for insufficient funds.
5. DEPOSIT FEES. A deposit is due upon the acceptance of the quote.
Residential: 10% down, 50% due when materials are delivered to the job site, balance due upon completion.
Commercial: 50% down, balance on completion or zero down, balance on completion on approved credit.
6. EXCLUSIONS. Unless specifically stated in this Contract, the goods and/or services of this Contract do not include any of the following or the costs
thereof: (a) building permits and fees, testing, engineering, and surveying; (b) clearing, grubbing, grading, removal of soils, shrubs and plants; (c)
removal of existing equipment, fences and gates; and (d) site plans or shop drawings. Assistance with municipality reviews, plans, and permits will be
made available upon request, at Buyer’s additional expense. Additionally, Seller is not responsible for any underground utilities, sprinkler lines, or other
unforeseen conditions. Identification, removal, or relocation of underground utilities, irrigation lines, or obstructions may be required from third parties,
prior to Seller’s mobilization of services. Telephone, communication, electrical power, control wiring, and conduit, including trenching and backfilling, to
and between equipment, may also be required of third parties prior to Seller’s mobilization of services, unless otherwise specifically stated in writing by
Seller. To the extent necessary, any required closures of roadway(s) to other traffic, or any other access points of ingress or egress, shall be arranged
with third parties during construction. Any proposal from Seller is subject to a site inspection by Seller and is subject to change at Seller’s sole and
absolute discretion as a result of any inspection findings.
7. WARRANTY OF AUTHORITY. Buyer warrants and represents to the Seller that they are the owner and/or legal possessor of the premises to which
Seller’s equipment and/or services shall be furnished or bestowed and that Buyer is authorized to order the service or equipment herein, and agrees to
hold Seller harmless from any loss or liability from any action or claim by third persons relating to such premises as affects Seller’s equipment or
services thereon or to the ordering of Seller’s services or equipment.
8. PROPERTY CONDITIONS. Buyer is responsible for promptly and completely establishing, clearing, and properly staking or otherwise defining all
property lines. Buyer is also responsible for compliance with all applicable laws, building codes, and community rules and regulations.
9. ADDITIONAL WORK. Additional wiring or conduit work may be required and if so, shall be at Buyer’s additional cost. Seller cannot guarantee that
existing electrical panels, circuits, wiring, breakers, relays, and the like have sufficient capacity or size to handle the additional work required to upgrade
existing electrical service. Buyer will be advised and will be required to authorize (or provide) any changes before Seller’s work is completed.
10. REPAIRS. If this Contract includes repairs, Seller will return all identified items to proper working order and replace defective parts as needed to
effect repairs subject to the Limited Warranty outlined herein. Replacement parts may be new, used, reconditioned, or remanufactured.
11. FORCE MAJEURE. Seller shall not be liable for any loss, damage, delays, changes in shipment schedules, or failure to deliver caused by accident,
fire, strike, riot, civil commotion, insurrection, war, the elements, embargo, failure of the carrier, inability to obtain transportation facilities, government
requirements, acts of God or public enemy, prior orders from others or limitations on Seller’s or its suppliers’ products or marketing activities, any
interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services, or any other cause or contingency beyond
Seller’s control.
12. PROGRAMMING AND SOFTWARE. Where required by the equipment, Seller will demonstrate how to program and/or provide input regarding
Seller’s software, user identifications, codes, changes, and the like. Seller is not responsible to set up, program, or maintain Buyer’s personal or other
gate-related system(s) for all users (i.e., gate-related software or systems for all users’ cell phones, computers, and/or other additional software or
systems).
13. SAFETY EQUIPMENT UPGRADING. Seller shall not be responsible for the failure of Buyer to upgrade its gate, gate system, gate protocols, or
gate maintenance to meet current safety standards. Because of the danger from motorized gates, Buyer should be aware of (a) all safety equipment
which is on-site and (b) all safety equipment which may be available. Some newer electric gate systems have certain built-in safety features, but older
systems do not. It may be in the best interest of Buyer to upgrade its system with all of the safety options mentioned below, and others which may be
identified by its liability insurance carrier. Seller recommends that Buyer has included extensive safety options in Buyer’s gate system, such as the
following: (a) safety loops to detect vehicles in the vicinity of the gates; (b) expanded metal mesh to limit children from “riding on” or “reaching through”
the gates; (c) photoelectric eyes to detect pedestrians in the vicinity of the gate; (d) gate safety edge sensors and transmitters to detect gate edge
impacts and impacts on the supporting gate frameworks; (e) alarm lights, audible warnings, and reflective warning tape; and (f) safety warning signs.
WARNING
ELECTRIC-OPERATED GATES ARE EXTREMELY DANGEROUS. THEY CAN CAUSE SERIOUS INJURY OR DEATH IF NOT OPERATED
CORRECTLY AND SAFELY. THEY SHOULD NEVER BE OPERATED BY CHILDREN OR WHEN CHILDREN ARE NEAR THE GATES, AND THEY
SHOULD NEVER BE OPERATED WITHOUT ALL THE SAFETY DEVICES IN PLACE AND OPERATING. ELECTRIC GATES SHOULD NEVER BE
OPENED OR CLOSED WITHOUT A CLEAR AND UNOBSTRUCTED VIEW OF THE GATE AND THE SURROUNDING AREA.
14. NO SAFETY GUARANTEE IS PROVIDED BY SELLER. To the maximum extent permitted by applicable law, Seller shall not be responsible for any
damage to vehicles or property, or injury or death to persons resulting from failed, faulty, removed (including equipment removed by Seller for repair),
or inoperative equipment, including safety equipment. Seller shall not be responsible for anticipating, advising, or correcting all the possible ways an
individual, adult, or child can circumvent safety equipment or for safety equipment that has not been installed or purchased by Buyer, its customers,
owners, operators, or tenants.
15. LIMITED WARRANTY. All statements, technical information, and recommendations concerning third-party products sold or samples provided by
Seller are based upon information provided by the manufacturer of such products and do not constitute a Seller guarantee or warranty. Seller makes no
representations, warranties, covenants, or guarantees of any kind, express or implied, as to the quality, suitability, accuracy, or completeness of any
information, content, service, or merchandise provided through Seller’s website or marketing materials. All products are sold with the understanding
that Buyer has independently determined the suitability of such products for its purposes. Seller’s repair services are warranted to be free from defects
in workmanship and material for a period of ninety (90) days from the date of repair. Commencing from the date of purchase, new equipment
installations by Seller are warranted for a period of one (1) year. Additionally, new equipment exclusively fabricated by Seller shall be warranted for a
period of one (1) year to be free from defects in workmanship. Should any failure to conform to this warranty appear within the warranty period, Seller
shall, upon notification thereof and substantiation that the product was maintained in accordance with Seller’s standards, correct such defects, at no
additional charge, provided, however, if Seller determines that a repair or replacement is not commercially practical, Seller shall issue a credit in favor
of Buyer in an amount not to exceed the Buyer’s purchase price of the product. This limited warranty is further subject to the condition that Buyer
notifies Seller of any evident defects in material or workmanship immediately after it is known that an issue or problem exists within a reasonable time
frame. Seller shall have no liability with respect to any recommendations or instructions as to handling, use, or disposal of any goods, including its use
alone or in combination with other products, or as to any apparatus or process for the use of any of Seller’s goods. Warranty work outlined in this
section shall only be performed during normal business hours.
Equipment manufacturers offer their own warranty on new equipment sold or installed by Seller. Any such manufacturer’s warranty will be passed
on to Buyer and generally apply when the equipment or parts are returned to the manufacturer for repair.
The labor used to remove and re-install the equipment may not be covered, and if Seller provides this labor, there may be a charge to Buyer.
Consumable items, including without limitation, batteries, roller guides, and gate wheels are also not covered by Seller’s Limited Warranty.
Seller’s Warranty does not apply to the conditions listed below, and in the event, the Buyer calls Seller for service under the Warranty, and upon
inspection by Seller’s representative it is found that one of these conditions has led to the inoperability or apparent failure of the system, a charge will
be made for the service call by the Seller’s representative regardless of whether or not they actually work on the system. Should it be necessary to
make repairs to the system due to one of the conditions not covered by the Warranty, a charge will be made for such work at Seller’s then applicable
rates of labor and material.
Conditions not Covered by Warranty:
(1) Damage resulting from accidents, acts of God, alteration, rodents, water, vandalism, misuse, tampering, abuse, lack of maintenance, unauthorized
modification, or service by others.
(2) Failure of Buyer to properly follow operating instructions provided by the Seller at the time of installation; or to properly instruct its patrons, invitees,
guests, licensees, and/or tenants of proper operating instructions, or Buyer’s actual or suffering of removal of Seller’s caution or other warning signs
furnished by the Seller.
DISCLAIMER
THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL SELLER BE
LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES AND THE FOREGOING LIMITED WARRANTY SHALL BE
BUYER’S SOLE REMEDY FOR ANY BREACH OF WARRANTY. BUYER, IN FURNISHING SPECIFICATIONS TO SELLER, AGREES TO HOLD
SELLER HARMLESS AGAINST ANY CLAIMS BY WAY OF INFRINGEMENT OR THE LIKE WHICH ARISE OUT OF COMPLIANCE WITH THE
SPECIFICATIONS.
16. LIMITATION OF LIABILITY. The remedies of Buyer set forth above under “Limited Warranty” are the sole and exclusive remedies of Buyer relating
to the products and services purchased from Seller hereunder. The total liability of Seller with respect to any contract, or anything done in connection
therewith such as the performance or breach hereof, or from the manufacture, sale, delivery, resale, installation, or use of any products, whether arising
out of contract, negligence, strict tort, or under any warranty, or otherwise shall not exceed the purchase price of the services or products upon which
liability is based. Buyer shall indemnify Seller against any and all losses, damages, and expenses including attorneys’ fees and other costs that Seller
may sustain in defending any action based upon any claim of negligence, breach of implied warranty, or similar claim arising directly or indirectly from
the act, omission, or negligence of Buyer in connection with or arising out of the use, operation, replacement, or repair of any product described
hereunder and sold by Seller to Buyer. There is no guarantee as to when equipment repaired by Seller will return to a fully operational condition. Seller
shall not be liable for any liability, breach of security, loss, or damage resulting from malfunctioning equipment or from equipment that has been
removed for repair, and Buyer shall at all times be responsible for securing the gate(s) and premises and protecting against any loss or injury that may
result from removed or otherwise absent equipment or parts. Buyer is responsible for ensuring that all track-guided and swing gates are free of
obstructions, debris, and damage that will interfere with the gate operation.
The damages to Seller arising from or relating to the products and services or a subcontractor’s work or in connection with this Contract shall be limited
as specified in this section, regardless of whether any such liability may be based on statute, contract, guarantee, warranty, professional liability, fault,
negligence (in whole or in part), strict liability or otherwise. Buyer hereby releases Seller from any liability in excess of the amounts respectively
specified. The Seller shall not be responsible to the Buyer for the obligations, services, functions performed, acts, or defaults of any subcontractors or
of such subcontractors’ officers, agents, and employees, each of whom shall for this purpose be deemed the agent or employee of the subcontractor to
the extent of its subcontract.
17. INDEMNIFICATION. Buyer agrees to indemnify and hold Seller harmless from any and all claims, demands, actions, and proceedings related to
Seller’s performance of services hereunder, except to the extent caused by Seller’s gross negligence or willful misconduct.
18. RIGHT TO CANCEL. To the extent Buyer is a residential customer covered under the Home Solicitation Sales Act of California, Buyer has the right
to cancel any proposal within three (3) business days. Buyer may cancel by mailing, e-mailing, faxing, or delivering a written notice to Seller at Seller’s
place of business by midnight of the third business day after Buyer received a signed and dated copy of the contract that includes this notice. In such
instance, Buyer shall include Buyer’s name, address, and the date Buyer received the signed copy of the contract and this notice. If Buyer cancels this
contract, Seller must return to Buyer anything Buyer paid within ten (10) days of receiving the notice of cancellation. Buyer must make available to
Seller at Buyer’s residence, in substantially as good condition as Buyer received it, any goods delivered to Buyer under this contract or sale.
Alternatively, Buyer may, at Buyer’s discretion, comply with Seller’s instructions on how to return the goods at Seller’s expense and risk. If Buyer makes
the goods available to Seller and Seller does not pick them up within twenty (20) days of the date of Buyer’s notice of cancellation, Buyer may keep
them without any further obligation. If Buyer fails to make the goods available to Seller, or if Buyer agrees to return the goods available to Seller and
fails to do so, then Buyer remains liable for the performance of all obligations under this contract.
19. CANCELLATION FEES. If Buyer cancels this Contract, such cancellation is subject to a charge on the particular service and/or equipment
cancellation. The Buyer will be charged a reasonable amount to cover expenses the Seller incurred regarding this Contract and its cancellation for labor,
materials, overhead, general and administrative costs, restocking fees, surcharges levied on material by outside suppliers, sub-vendor cancellation
charges, excess inventory charges, and/or value of storage space. If a cancellation occurs after the technician has arrived, and/or started their journey
to the location, Buyer is subject to a charge equal to the base service charge fee.
20. RIGHT TO SUBCONTRACT. Seller shall have the right to use subcontract services to assist in fulfilling the terms of this contract.
21. ARBITRATION. Each of the parties hereto irrevocably and unconditionally consents to and agrees that any and all disputes or controversies arising
under, out of, in connection with, or in relation to this Contract (except for injunctive or other provisional or emergency relief that may be required in
good faith by either party) (each, a “Dispute”), shall be resolved exclusively by binding arbitration, in the County of Los Angeles, State of California,
using an arbitrator mutually selected by the parties from any source including, but not limited to, ARC, JAMS, or other similar ADR organization,
provided that such source has specific rules governing the resolution of disputes related to the construction industry and that such rules will govern the
resolution of the Dispute. If the parties cannot agree on an arbitrator within thirty (30) days of a party’s written notice to the other of its desire to arbitrate
such Dispute, then an arbitrator shall be selected by ARC, JAMS, or other similar organization as provided for herein, using that organization’s
procedures for such selection. The arbitrator shall not have the power to make errors of law. The costs of any arbitration shall be shared equally
between the parties and each party shall pay its own attorneys fees and costs, provided that the arbitrator may award the prevailing party its
reasonable attorneys fees and costs.
22. GOVERNING LAW. This Contract shall be governed by the laws of the State of California, without giving regard to its conflict of laws principles. Any
action to enforce or interpret the terms of this Contract shall be brought exclusively in a court of competent jurisdiction in the County of Los Angeles,
State of California.
23. ASSIGNMENT. This Contract shall bind the respective successors and assigns of the parties, but none of Buyer’s rights or obligations may be
assigned without Seller’s prior written consent, except to its subsidiary or an affiliated corporation, provided that such assignment shall not relieve the
assignor of its obligations. Any such assignment without Seller’s written consent shall be void. Seller may subcontract any of its obligations hereunder.
The Limited Warranty from Seller under this Contract is for the benefit of the initial purchaser only.
24. UNALTERABLE TERMS. Acceptance by Buyer is expressly limited to all terms and conditions stated in this Contract as printed herein and Buyer
shall not add or vary these terms and conditions without Seller’s express written authorization.
25. EXECUTIVE OFFICER APPROVAL. This Contract is not binding unless approved in writing by an authorized representative of Seller. In the event
of failure of approval, as aforesaid, the only liability of Seller shall be to return to the Buyer the amount, if any, paid to the Seller upon the signing of this
Contract.
26. SEVERABILITY. If any provision of this Contract is determined to be illegal, void, or unenforceable for any reason, the same shall be severed from
this Contract and the remainder of this Agreement shall be given full force and effect. Such voidability or enforceability shall not affect the other
provisions of this Contract.
27. ENTIRE CONTRACT. It is mutually understood and agreed that any representation, promise, condition, inducement, or warranty, express or
implied, not included in this Contract shall not be binding upon any part.
28. MISCELLANEOUS. Each paragraph and provision hereof is severable, and if any provision is held invalid or unenforceable, the remainder shall
nevertheless remain in full force and effect. This Contract and any other Contract or document entered into by the parties which incorporate these
Terms by reference, constitute the final, complete, exclusive, and entire Contract between the parties and supersede all prior or contemporaneous
agreements, written or oral, regarding the subject matter of this Contract. The failure of Seller to enforce at any time any of the provisions of this
Contract, shall not be construed to be a waiver of such provisions nor the right of Seller to enforce such provisions in the future. The parties may by
mutual agreement modify this Contract only in writing, with the changes initialed and signed by both parties.
SO 1 Service Center Gate Antenna - Service
Request
Created:06/20/2024
Status:Signed
Transaction ID:de63f87a-c85a-415d-b6a6-78a39cda5482
"SO 1 Service Center Gate Antenna - Service Request" history
Jindy Gonzalez created the document.
06/20/2024 3:19:24 PM PDT - IP address 174.85.102.16
Document was emailed to Amnah Darwish
06/20/2024 3:19:25 PM PDT
Amnah Darwish signed the document.
06/21/2024 3:13:08 PM PDT - IP address 172.117.114.122:58780
Document was emailed to Jimmy Tan
06/21/2024 3:13:09 PM PDT
Jimmy Tan signed the document.
06/24/2024 3:54:11 AM PDT - IP address 76.210.7.77:60860
Document was emailed to Jindy Gonzalez
06/24/2024 3:54:12 AM PDT
Jindy Gonzalez signed the document.
06/24/2024 7:40:25 AM PDT - IP address 64.165.34.3:59197
Document was successfully signed and filed
06/24/2024 7:40:26 AM PDT