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07-141, Cal-West AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777.3200 NO. BY THIS AOREEMENT, made and entered into this 12-day of November, 2007 by and between the &&2:>1 I I CUPERTINO (Hereinafter referred to as CITY) and Name (1) Cal-West (2) AddressP.O.Box612035 CitySanJose Zip 95161-2035 Phone B408.923.l313,F408.923.1115 (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: Remove Red Light Photo Enforcement equipment systems at four (4) local intersections as described in the exhibits, EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit' A' RFQ dated 7 No\' 07 and Exhibit 'B' bid summary. TERMS: The services and/or materials furnished under this Agreement shall commence on November ]9,2007 and shall be completed before December 3], 2007 (weather permittinl!) COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to exceed $26,000.00 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 performance of this Agreement. City shall not be liable for acts of Contractor in performing 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 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 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-ORDINATOR and representative for CITY shall be: NAME Vicki Guapo. Sr. Traffic Technician DEPARTMENT Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: By [rzr\\ (.', H, C7i~1 ') 112 . Title P j( l .> I II ~ ''-' ., Soc. Sec. # '.)... (, . - \, - ') & -) c ~ if C-~ ~ ::TY~RTINOD, Title AsslO_OfPubliCW.# AMOUNT $26,000.00 11/13/2007 09:21 ~ 408-923-1115 CAL WEST LIGHTING City of Cupertino Red Light Photo Enforcement Gear Removal Project PAGE 02 I, the undersigned, understand that the job described below is estimated only, being given as a basis for comparison of bids and content of scope of work. The City of Cupertino does not state that the actual amount of work will correspond, however reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed mmecessary by the Engineer. The work to be done consists of furnishing all labor, temporary traffic control, methods of process, tools, machinery and material required for removing four (4) Red Light Photo Enforcement Systems from De Anza Boulevard/Stevens Creek Boulevard, Wolfe Road-Miller Avenue/ Stevens Creek Boulevard, Homestead Road/De Anza Boulevard, and Homestead RoadlWolfe 'Road to completion. I have read the above proposal and visited all four (4) sites, and hereby propose to do all work required to complete the work in accordance with the State of California, Department of Transportation) Standard Plans and Specification dated May 2006. I further understand that said prices include all costs including, yet not limited to, local, state and federal taxes, and transportation costs. If you are interested in bidding on this project, please submit YOut bid on or before November 13,2007 Tuesday by 9:00 A.M. Please fill in the following proposal section and either call us or FAX your quote to this office by the above date. Our FAX number is 408.777.3333. If you have any questions, please call me at 408.777.3243. Bid Item Est.Qty. Unit Item Unit Price I. . ~ $ .5,CfJO .:..-- /L.S. 1 - Lump Sum Temporary Tl'8ffic Control (TTC) and Construction Signing 2. Lump Sum Removal of Red Light Photo Enforcement Systems and Salvaging the EqUipment for Return. form e:ach of the following: 2a. 1617 Homestead RoadlDc Anza Boulevard ~_.- $~(J()D . /L.S. t aE-- $ 11,0(0 fl..S. f 2b. 1638 De Anm Boulevard/Stevens Creek Boul~ard TOTAL; Bid AJt Item 3, Unit Price Est.Qty. Unit Item Lump Sum Removal of Red Light Photo Enforcement Systems and Salvaging the Equipment for Retum. fonn each of the following: 3a. 1615 Wolfe Road-Miller Ave;nuefStcv.cns Creek Boulevard .~ $ 3;. )~D /L.S. 1 ~<:J "7 c;- A.D .::;...--- $ .:> v /L.S. i 3b. 1619 HomeStead RoadfWolfe Road TOTAL: . . ~ TOTAL BID & ALT. BID: Tw lfArrlj S \X \1l."uSi'lrJ~ * 100 NUMERIC BID & AL T BID: 62 ~) DO?) ~:!!--- NAME OF CONTRACTOR: -..C~L - '0 E:S-C.. "if.. tt"\!N b ~ )1 G..NA l-- O\~ \N'\ lIVe ~ ADDRESS: P n f>oX'i (;./).03 S- CONTRACTOR'S LlCENSENO.: ?'I, 'Yo I RJ...!>BS ~moyal 20'J7 Total ~o 3000 _:- $ I .r'" ~ $ Z; O(,t) I - . 00 - $ II, t)Oi) --- 1 oil' I q 000 --.::---- $- " Total 06t(>~ $ 3S-QJ --- o~ s3S-o()-- ~ $ 7; 000 SXHIBlT A 7 of 7 11/13/2007 09:21 408-923-1115 CAL WEST LIGHTING PAGE 01 d Cal-Wlst FAX TRANSMITTAL -.....- DATE: \ t ) 3/ 0 7 , FROM: L,tG.\\ ('~ (.,., n5 TOTAL PAGES: a TO: Lu " ~11- \ ',,oJ 0 A TIN: .-..::V; ~ k.l G " FAX#: 771 3'3~3> SUBJECT: ~ti> Uc",tt-r (LtMoV~l..- COMMENTS: ~ , t), c. j.c.. \ ) I ttt'1t~ \) lJl'(r- ~~t ~o(t. Tbt~~'- -QJ:.':t l\~~,,*\~ ~\:~~H.-~ ~ (l~ S C-- VA l"t ~ \.\ l:t "A. ^'1 Q vtS f\ OJ\> S - \.\1\17 Cl\ C...,.....,., t>~ ~ \ t, PO Box 612035 . San Jose, CA 95161-2035 Phone: (408) 923-1313. Fax: (408) 923..1115. License No. 847901 g PUBLIC WORKS DEPARTMENT Ralph A. Qualls, Jr., Director CUPERTINO November 7, 2007 File: 74,001.15 File: Intersection No.: Street: Intersection with: CITY HALL 10300 TORRE A VENUE ~ CUPERTINO, CA 95014-3266 408.777.3354 ~ FAX 408.777.3333 74,894.01 1615 Stevens Creek W olfe/Miller 74,366.04 1617 De Anza Homestead 74,541.02 1619 Homestead Wolfe 74,366.02 1638 De Anza Stevens Creek <<Company>> Attn: <<FirstName>> <<LastName>> <<Address 1 >> <<City>>, <<State>> <<Postal Code>> RE: Removal of Red Light Photo Electrical Equipment at Four (4) City of Cupertino Intersections Dear <<FirstName>>: The City of Cupertino has chosen to re-bid this project and is prepared to issue an agreement for removing four (4) Red Light Photo Enforcement Systems from De Anza Boulevard/Stevens Creek Boulevard, Wolfe Road-Miller Avenue/ Stevens Creek Boulevard, Homestead Road/De Anza Boulevard, and Homestead RoadlWolfe Road. The City of Cupertino does not state that the actual amount of work will correspond, however reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed unnecessary by the Engineer. The work to be done consists of furnishing all labor, temporary traffic control, methods of process, tools, machinery and material required for removing four (4) Red Light Photo Enforcement Systems. The City will not require bid bonds and liquidated damages will not be incurred. The Contractor shall posses a Class C-IO Electrical Contractor's License and proof of insurance. The agreement, this letter, special provisions, and supportive intersection plans shall constitute the contract. Project Special Elements 1. Work hours are 9AM to 3:30PM. 2. Provide temporary traffic control (TTC) plans for any lane closures. The City requires complete protection of bicycles and pedestrians within the work zone. Additionally, the Contractor is responsible for giving bicyclist and pedestrians a 24-hour notice of any proposed bike lane or sidewalk closures. Time and Completion 1. This project has 30 working days from the date of the agreement. City Duties 1. Mike Vandeveer, Traffic Signal Technician will complete the electrical inspection, his number is 408.777.1366 or M# 408.497.5327. If you have any questions, please call me at 408.777.3243 or M# 408.761.0716. Sincerely, BXHJBII' B Vicki Guapo Senior Traffic Technician Attachments: Spec, insurance docs, and map red-I ight_gear _removal.doc 1. SPECIAL PROVISIONS 1.1 LOCATIONS - This work is located at De Anza Boulevard/Stevens Creek Boulevard, Wolfe Road-Miller Avenue/ Stevens Creek Boulevard, Homestead Road/De Anza Boulevard, and Homestead Road/Wolfe Road in the City of Cupertino, County of Santa Clara. 1.2 SCOPE OF WORK - The work to be performed under this contract is to provide all labor, materials, tools and equipment necessary to remove four (4) Red Light Photo Enforcement Systems (RLPES) from the intersection of De Anza Boulevard/Stevens Creek Boulevard, Wolfe Road-Miller Avenue/ Stevens Creek Boulevard, Homestead Road/De Anza Boulevard, and Homestead Road/Wolfe Road. All work shall be performed in accordance with the Plans, Specifications, Special Provisions, the City of Cupertino Standard Details, and the State of California Department of Transportation Standard Plans (dated May 2006) hereinafter called Standard Plans and the Specifications (dated May 2006) hereinafter called Standard Specifications. 1.3 ITEMS AND WORK NOT SPECIFICALLY INCLUDED IN A DESCRIPTION - It is specifically pointed out that any and all items and/or work called for on the details and/or specifications, and not included in a description or a specific bid item, shall be included by the bidder in one (1) or more of the bid items and no special compensation will be allowed. This includes, but is not limited to, such items as flagmen, water, and the providing of all safety requirements or work and materials required to provide public convenience and safety, barricades, lights, vehicular detours, pedestrian walkways, etc. Prior to beginning any extra work for the project the Contractor is required to have a signed authorization form from the City. A foreman must be on the job at all times while work is being performed. 1.4 PAYMENT - Payment shall be made on only those items the City has approved and for the approved amounts. No other compensation will be allowed. A payment schedule is available in the Public Works Department. A change order will not be considered or accepted after the project has been accepted by the City Council. A field change requires a change order authorization approval prior to beginning the extra work. TRAFFIC CONTROL - The Contractor shall furnish, erect and maintain sufficient warning and directional signs, barricades, warning lights, flashing arrow boards, changeable message board, and traffic control personnel to give adequate warning to vehicular traffic at all times that construction is in progress. The City requires complete protection of bicycles and pedestrians within the work zone. Additionally, the Contractor is responsible for giving bicyclist and pedestrians a 24-hour notice of any proposed bike lane or sidewalk closures. j:Q 1.6 MAINTAINING TRAFFIC - Attention is directed to Sections 7-1.08, "Public m Convenience," 7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of ; RLPES removal 2007 1 of 7 1.7 MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS - The Contractor shall maintain the existing lighting system including any safety lighting on the signal poles. At no time during the hours of darkness shall either the existing, temporary or new lighting system not operate. It shall be the Contractors responsibility to maintain these systems and shall respond immediately to correct any failures at his expense. 1.8 PUBLIC CONVENIENCE AND SAFETY - The Contractor shall conduct their operations so as to cause the least possible obstruction and inconvenience to public traffic. All traffic shall be permitted to pass through the work area. Contractor shall furnish, erect and maintain sufficient warnings and directional signs, barricades and lights, flashing arrow board, changeable message board, and furnish sufficient flaggers to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions encountered as a result thereof. The Contractor shall be allowed to close traffic lanes as specified in the Temporary Traffic Control bid section, on the street involved in the project. Flaggers, barricades, and signing shall be required in order to insure safe and orderly traffic flow. Side or adjacent streets shall be posted and/or detoured with barricades and signs to insure traffic is routed around the work area. 1.9 PAYMENT - Payment shall be made on only those items the City has approved and for the approved amounts. No other compensation will be allowed. A payment schedule is available in the Public Works Department. A change order will not be considered or accepted after the project has been accepted by the City Council. A field change requires a change order authorization approval prior to beginning the extra work. 1.10 TIME OF COMPLETION - The Contractor shall diligently prosecute the work, and said work shall be completed before 30 working days. An extension of time for completion shall only be granted for acts of God or labor strikes of material delay that can be documented. In order to complete this work on schedule, the City requests that once the Notice to Proceed and Project has started, the .Contractor not pull off the job until completion of work, unless authorized by the City. 1.11 QUANTITIES - It is specifically pointed out that the quantities listed in the proposal and specifications are estimates only and being given on a basis of comparison of bids and the City of Cupertino does not agree that the actual amount of work will correspond, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit items or portions of the work that may be deemed necessary by the Engineer. THE QUANTITY LISTED FOR EACH ITEM MAYBE INCREASED OR DECREASED UP TO TWENTY -FIVE (25) PERCENT OF THE CONTRACT QUANTITIES WITH NO CHANGE IN BID UNIT PRICE. RLPES removal 2007 ~ EST. UNIT I QTY. 1 L.S. and 3 of 7 ITEM DESCRIPTION 1. Temporary Traffic Control (TTC) and Construction Signing 2. Removal of Red Light Photo Enforcement Systems 3. Disconnect all red light photo equipment conductors terminated in the traffic signal cabinet and/or meter enclosure from any outputs. 4. Seal mounting holes on existing traffic poles, which were used to support red light photo enforcement gear. 5. Abandon conductors in existing traffic signal conduit runs 6 and 8 and tag them as "pull rope" at each pull box or cabinet end. Abandon conduit runs 12 and 13 leave conductors and tag them as "pull rope" with T &B Ty-rap cables ties at each pull box or end. 2b. 1638 De Anza Blvd./Stevens Creek Blvd. (ACS) File:74,366.02 1. Remove three (3) auxiliary flashes. Remove four (4) foundation and anchor bolts to 14" below grade and patch/seal location matching surrounding area with in-kind materials (i.e. soil/sod, pavers, concrete, or asphalt). 2. Remove four (4) LMIMS Type 400 motorized pole and red light photo camera. Remove four (4) foundations and anchor bolts to 14" below grade and patch/seal location matching surrounding area with in-kind materials (i.e. soil/sod, pavers, concrete, or asphalt). 3. Disconnect all red light photo equipment conductors terminated in the traffic signal cabinet and/or meter enclosure from any outputs. 4. Seal mounting holes on existing traffic poles, which were used to support red light photo enforcement gear. 5. Abandon conduit runs 14, 15, 16, and north median by leaving the conductors and tagging them as "pull rope" with T &B Ty-rap cables ties at each pull box or cabinet end. Salvaging RLPES Equipment Salvaging electrical equipment shall conform to Section 86-7, "Salvaging and Reinstalling Electrical Equipment," of the Standard Specifications and these Special Provisions. All red light photo equipment, pole standards, and appurtenances removed and salvaged shall be sorted in two (2) distinct groups, Potlatch/APAC Technologies, Inc (1619 & 1615) and ACS (1638 & 1617) and delivered in the same condition as when operating, to the City traffic shop/yard at 10981 Franco Court, Cupertino, California. The Contractor shall cover all equipment completely protecting equipment from all weathering elements. ALT BID ITEM 3: REMOVAL OF RED LIGHT PHOTO ENFORCEMENT SYSTEMS AND SALVAGING THE EQUIPMENT FOR RETURN This item is bid as a lump sum and shall consist of furnishing all labor, equipment, tools, materials, appurtenances, incidentals, and fees and utility charges necessary for the removal of two (2) Red Light Photo Enforcement Systems from Wolfe Road-Miller Avenue/ Stevens Creek Boulevard and Homestead Road/Wolfe Road. All work shall comply with the applicable provisions of the Standard Specifications and the Standard Plans. 3a. 1615 Wolfe Rd.-Miller Ave./Stevens Creek Blvd. (Poltech/APAC Technologies, Inc) File:74,894.01 1. Remove two (2) telephoto camera. 2. Remove two (2) telephoto camera w/computer. 3. Remove two (2) wide-angle camera. 4. Remove two (2) flash units. 5. Remove one (1) lA pole, foundation, and anchor bolts to 14" below grade and patch/seal location matching the surrounding area with in-kind materials (i.e. soil/sod, concrete, and asphalt). ~ I RLPES removal 2007 5 of 7 g City of Cupertino Red Light Photo Enforcement Gear Removal Proj ect . CUPERTINO I, the undersigned, understand that the job described below is estimated only, being given as a basis for comparison of bids and content of scope of work. The City of Cupertino does not state that the actual amount of work will correspond, however reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed unnecessary by the Engineer. The work to be done consists of furnishing all labor, temporary traffic control, methods of process, tools, machinery and material required for removing four (4) Red Light Photo Enforcement Systems from De Anza Boulevard/Stevens Creek Boulevard, Wolfe Road-Miller Avenue/ Stevens Creek Boulevard, Homestead Road/De Anza Boulevard, and Homestead RoadlWolfe Road to completion. I have read the above proposal and visited all four (4) sites, and hereby propose to do all work required to complete the work in accordance with the State of California, Department of Transportation, Standard Plans and Specification dated May 2006. I further understand that said prices include all costs including, yet not limited to, local, state and federal taxes, and transportation costs. If you are interested in bidding on this project, please submit your bid on or before November 13,2007 Tuesday by 9:00 A.M. Please fill in the following proposal section and either call us or FAX your quote to this office by the above date. Our FAX number is 408.777.3333. If you have any questions, please call me at 408.777.3243. Bid Item Est.Qty. Unit Item Unit Price Total l. Lump Sum Temporary Traffic Control (TIC) and Construction Signing $ !L.S. $ 2. Lump Sum Removal of Red Light Photo Enforcement Systems and Salvaging the Equipment for Return, form each of the following: 2a. 1617 Homestead Road/De Anza Boulevard $ /L.S. $ /L.S. $ 2b. 1638 De Anza Boulevard/Stevens Creek $ Boulevard TOTAL: $ Bid Alt Item 3. Est.Qty. Unit Item Unit Price Total Lump Sum Removal of Red Light Photo Enforcement Systems and Salvaging the Equipment for Return, form each of the following: 3a. 1615 Wolfe Road-Miller Avenue/Stevens Creek Boulevard $ /L.S. $ /L.S. $ 3b. 1619 Homestead Road/Wolfe Road $ TOTAL: $ NUMERIC BID & AL T BID: a) ! TOTAL BID & ALT. BID: NAME OF CONTRACTOR: ADDRESS: CONTRACTOR'S LICENSE NO.: RLPES removal 2007 7 of 7