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07-052 Silicon Constellations install pavement lights McClellan/OrangAGREEMENT CITY OF CUPERTINO 10300 TorrE: Avenue Cupertino, C:A 95014 408-777-3200 NO. ~ BY THIS AGREEMENT, made and entered into this First day of August, 2006, by and between the ~C~C3F" CUPERTINO (Hereinafter referred to as CITY) and Silicon Constellations, 2980 Scott Blvd, Santa Clara, CA 95054 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Install In-Pavement Lights, Wireless Activators, and Ped~:strian Push Buttons at McClellan Rd/Orange Ave and Stevens Creek Blvd/Pasadena Ave, including labor, as dE:scribed in Attachment A, "Scope of Work". EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Attachment A, "Scope of Work". TERMS: The services and/or materials furnished under this ,4greement shall commence on May 1, 2007 and shall be completed before .:uly 1, 2007. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Lump sum amount of $11,767.29 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the pertormance of this Agreement. City shall not be liable for acts of Contractor in pertorming services described herein. Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executin~3 this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-0RDINATOR and representative for CITY ~~hall be: NAME: David Stillman DEPARTMENT: Public Works This Agreement shall become effective upon its execution b~y CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: ~' ~ ~~ ~~. By Title L-~(i' Soc. Sec. # or Tax I.D. ~ / - /'~~~~ CITY OF CUPERTINO: By i ~ k~ _.,--.._.~..._.. _ David Stillman, Senior Civil Engineer APPROVALS EXPENDITURE DISTRIBUTION RTME EAD DATE A T AM UNT ~'~1p~,0 '110-8602-7013 511,767.29 ITY E DATE ~ •~ ~ O SGoPE of WORK t~ :. ili~- ~~~ i ~~~~~ 1r~~-ra~ ~~~ r April 24, 2007 CONFIDENTIAL Prepared for: David Stillman, City of Cupertino Tel: Email: DavidS@cu ertino.or~~ Quotation Number: 042407-01 Validity: 60 days City of Cupertino Wireless Lighted Crosswalk Project I am pleased to summarize our discussions on your lighted crosswalk projects. The rest of this document outlines our understanding of the project and contains our proposal for equipment and services to fulfill this understanding. I would be grateful if you could notify me of any discrepancies, if any, you find. Our Understanding of the Project Silicon Constellations will provide retrofit equipment for• four lighted crosswalks to be installed in the City of Cupertino. Phase #1, including two of the locations, is described in this proposal. Phase #2 will follow with two more locations in the early summer. The locations and our understanding of the detailed requirements for these locations is as follows: Location 1: McClellan St. @ Orange St. Location details: 2 lane road with parking lane on each side, four in-pavement lights, two wireless activators. Location 2: Stevens Creek Blvd @ Pasadena St. Location details: 3 lane road with center turn lane, six in-pavement lights, two wireless activators. On behalf of the entire Silicon Constellations'team, we looi: forward to working with you on this project. Best regards, Bojan Silic CTO Office: 408-294-4838 Cell: 408-410-4472 bojanCc~siliconconstel lations.com 2980 Scott Blvd., Santa Clara, G4 95054 Tel: (408) 294-4838 Fax: (866) 586-8843 www.siliconconstellations.com r_ ~1~ ~, ~~~~ Wireless lighting for road safety Deliverables & Pricing City of Cupertino Date Created: 04/24/2007 Date Issued: 04/24/2007 Client: David Stillman -Cupertino alidity: 60 days Quotation Number: 042407-1 Total Equipment to be delivered by Silicon Constellations Product Quantity LumiStar Rev 4. 10 Adapter Base Plate 20 Activator Controller 4 Push Button with R62E plate 4 Direct Price Equipment total 15,986.00 Public Agency Discount 32% -5,115.52 Subtotal 10,870.48 Sales Tax 8.25% 896.81 otal 11,767.29 Confidential Verification Each system is tested in unison before it leaves the factory. The installer is responsible for verifying system operation at the time of installation and any issues are resolved with the installer and Silicon Constellations. Delivery Schedule Upon receipt of the order, and once the order has been reviewed, an estimated delivery schedule is sent to you. Silicon Constellations will endeavor to improve upon this date and is subject to change at the sole discretion of Silicon Constellations. Payment 30 days net upon shipment of the system. Please send checks payat~le to Silicon Constellations Inc, 2980 Scott Blvd., Santa Clara, CA 95054 Please accept this signed quote as a Purchase Ordel- Authorizing Signature: Date: Printed Name: Purchase Order No: Note: Signing implies acceptance of above terms, conditions and delivera~les. Cupertino Two Locations April 24, 2007.doc Page 2 of 2