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07-118 Cal-West 10/19/2007 09:21 408-923-1115 CAL WEST LIGHTING PAGE 02 AGREEMENt CITY OF CUPERTINQ 10300 Torre Avenue i Cupertino. CA 950J4 : I 408-7n-3200 ! NO. --{}-3-2 6 9 3 BY THIS AGREEMENT, made and ellt6rtd into this lLday of 0ctobel', 2007 by and between the CITY OF CUPeRTINO (Hereinafter refened to as CITY) and ! Name (J) Cal~.:w est (2) Address P.o. Bo~ 612035 City San Jose Zip 95161-2035 Phone is 408.923.1313. F 408.923.1115 (Hereinafter referred as CONTRACTOR). in consideration of their imutual covenants, the parties hereto agree as follows: ! CONTRACfOR shan provide or furnish the following specified senices and/or materials: Repair two (2) IB poles at Wolfe Rd./Vallco Pkwy. associated with Cupertino Square (formally iValleo Mall). , EXHffiJTS: The following attached exhibits hereby are made part dr this Agreement: Exhibit A "cost ~5tim9.t~" JOB 7260.. ! I i TERMS.: The services and/or mnl:criats furnished under this Agreem~ shall commence on October 18. 2007 and shall he completed before Novem~er 9. 2007 (weather nermjttin~) : COMPENSATION: For the full ped'onnance of this Agreement, crr,* sball pay CONTRACTOR: Amount not to e.xceed $2,89~.OO CONlRACTOR; ByLR.A\(., 1\-, ~cn~ ,)R. Title fltf51bEfN r Soc. Sec. # {~~ APPROVALS i California Labor Code, Section 1771 requires the payment ofprevailibg wages to all workers employed on a Public Works contract in excess of $1,000.00. i I GENERAL TERMS AND CONDITIONS ! Hold. Harmless. Contractor agrete$ to save .and hold hannless the City, ~ts officers, agents and employees fivm any and aU damage and liability due to negligence, errors and omissions, :incl~ aU costs of defending any claim, caused by or arising out of the perfonnance of this Agreement. City shall not i be Hable for acts of Contractor in performing services described herein. i lnsu.rance. Should the Cjty require evidence of insurabiJity, Contractck- !Wal) flle with City a Certjficate of Insurance before commencing any services WJder this Agreement. Said Certifif;ate shaU be subject to the approval of City's Dim;1or of Administrati:vc SeIVices. ! Non-Discrimbtation. No discrimination shall be made in the ernpto~ of pel'$ons under this Agreement because of the race, CQlor, national origin. ancestry, religion or ~ of such pm;on. ! Intef6t of Contr.etor. It is understood and agreed that this Agreem.dnt is not a contract of employment in the sense that ~ telatioo5hip of master and servant: exisb ~ City and thtdersigned. At all tiJ:n<<;~ ~ :shalt be deemed to be an independent contractor and Contractor is not authorized to bind the City to my CQntracts or other obligations in executing this agreement Contractor certifies that no ~ne who has OJ' will have any fmancial interest uuckr thi3 Agreement is an offiCCJ" OJ" employee of City. : Changes.. This Agreement &haU nOt be assigned or transferred witboutlthe written consent of the City. No changes or variat.ioos of any kind are authorized without the written C()Jlsent of the ~jty. CONTRACT CO-ORDINATOR and representative fot CITY :malt be~ NAME Vicki Guapo, Sr. lraffic Technician DEPARllMENT Public Works ! This AgJeement shall become c:ffoolive upon ilS execution by CITY, iIt witness 'thereof, the panies have cxooulcd this Agrumcnt'the day and year first written above. j i CITY OF1 CUPERTINO: ..,h,,,:? , _~_.". By P. ~~~/-? _{~;;; -i\lrTitle -As~D~ofPublic Works L-; ~ C=..ft . " AMOUNT $2,895.00 09/27/2007 15:18 408-923-1115 GAL WEST LIGHTING PAGE 01 e ~;= ell-West -,-- JOB # 7260 September 26, 2007 Attn: Mike Vandermere City of Cupertino Dept of Public Works 10300 Torre Avenue Cupertino, CA 95014-3255 Subject Signal Hardware modification at the intersection of Wolfe Rd. & Vallco Pkwy. Mr. Vandermere. Cal-West proposes to do the following: 1. Coordinate with City Representative about Job Date and Time Schedule 2. Remove two (2) existing Type-1-A poles and signal hardware on the NIW and SfIN comers 3. Chip down and break away existing concrete for both foundations exposing all anchor bolts and add extension nuts and bolts extending existing bolts to a level above grade of sidewalk. 4. Re-install and level existing Type-1-A poles with signal hardware onto existing foundations 5. Remove two (2) existing PP8 Assy's from the mast arm poles on the NAN and SIW comers 6. Re-install existing PPB Assy's onto the existing Type-1-A poles on the same comers 7. Install new signal wire (THW) as needed from existing pull-boxes adjacent to each pole 8, Install knock-out seals as needed and cover existing holes left in mast arm poles 9. Cal-West to supply all additional materials needed to complete Signal Hardware modification 10. Make all necessary connections 11. Test and verify operations 12. Clean up any associated debris in area 13. Contact and communicate with City of job completion before departure of City Total for this job: $ 2,895.00 CITY OF CUPERTINO /;/j / //~-.? Authorizing Signature t:/~(" ./ ~ Print NameTh""" n Sn.... L..N\4 v TitfeSfv'jJ~ ('V.L &fJb,,Vt:l;{t Date IO/~J23- . CAL-WEST LIGHTING & SIGNAL ~ 13- Lj Craig H. Geis Jr. President IIXH.IBrr A PO Box 612035 . San Jose, CA 95161-2035 Phone: (408) 923-1313. Fax: (408) 923-1115. Ucense No. 847901 ~~ S..~ ~ David Stillman From: Sent: To: Cc: Subject: Stephen Wei [stephenwei@orbit-resources.com] Monday, October 15, 2007 10:52 AM David Stillman; chrissr Phil Liao; mrohde@vallcomall.com RE: WolfeNallco Prkwy signal work David, Thanks for the clarification. Please instruct Cal-West to proceed with the traffic signal work for the amount of $2,895 as indicated in your October 1 email. Also, please deduct from the deposit $16,167.60 for plan check fees that is currently due. We look forward to receiving the balance of $16,287.40 90 days after the signal work is accepted. Thanks. Regards, Stephen -----Original Message----- From: David Stillman [mailto:DavidS@cupertino.org] Sent: Monday, October 15, 2007 10:43 AM To: chris sri Stephen Wei Cc: Phil Liao; mrohde@vallcomall.com Subject: RE: WolfejVallco Prkwy signal work Chris, The balance of the deposit will be released 90 days after we accept the work. We can't accept the work until it's finished, and I can't proceed until I get confirmation that I can apply part of the funds towards the signal work, which I still haven't gotten. We will also need to apply some of the fees to the public works plancheck fee in the amount of $16,167.60. I would like a written confirmation from the owner that this is acceptable as well. This will leave a balance of $16,287.40 to be released at the 90-day mark, assuming we don't need to further withdraw funds to complete any more work. David -----Original Message----- From: chris sr [mailto:chrissr@bayareaconstmgmt.com] Sent: Monday, October 15, 2007 10:18 AM To: 'Stephen Wei' Cc: 'Phil Liao'; David Stillman; mrohde@vallcomall.com Subject: RE: wolfejVallco Prkwy signal work Stephen: Yes David said that their were some out standing permit cost that he wanted to look in to, I asked him to respond in a e-mail to us. I have CC'd him on this correspondence and I am sure this will act as a reminder to him. . Chris Rael Bay Area' Construction Management PH. (408) 264-4111 1