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15-085 Cal-West Lighting & Signal for Underground light conduit and box installation for 10344, 10384 Vista Drive. Pole #8673, 8674 CtT:Y:OF AGREEMENT CITY OF.CUPERTI.NO:. 10300-Torre.Avenue Cupertino, CA 95014 ..- CUPERTINO p 408-777-3200 = NO. -�l S _ SO THIS-AGREEMENT,:made and entered into this day of )-OLq is ... by : '-= and between the. CITY OF CUPERTINO (Hereinafter"CITY'):and Cal-'1N st Lighting & Signal, PO Box: 612035, Sari Jose, Ca: 95161:-2035. 408-923-13-13. cgeis@calwestlighting:com Hereinafter."CONTRACTOR'), in.,corisideration of.their mutual covenants, .the. parties agree as follows: :.:.::: ..... CONTRACTOR shall provide or furnish the following specified services and/or materials. Underground street light conduit and junction-box:installation at 1.0344 Vista Drive; Pole# 8.6.73 and ...... ....... ... 10384 VistaDrive, Pole# 8674. Check box if:services;are further_descri.bed in an Exhibit- :EXHIBITS: The:following attached 6khibits-hereby:are-mad e-part ofthis Agreement: Attachment and Attachment B. .. TERM: The:services::and/or materials:furnished.under thisAgreement shall:commence on the date.. .: of this agreement and shall be completed no later than September 30, 20:15. COMPENSATION::. For the full performance:of this Agreement,: CITY:shall pay:CONTRACTOR: : ::: 3962.62.... ....... ---- .... ...... California Labor.Code, Section­1771 requires the payment of prevailing wages to all workers employed on-a Public Works contract in excess of$1,000:00. GENERAL TERMS ANDCONDITIONS Hold Harmless.:Contractor shall,:to the fullest extent allowed by law,indemnify, defend, and hold -harmless the City and its officers; officials, agents, employees and volunteers against any and all liability;. claims,::stop notices, actions, caUSes of: action :or::demands whatsoever from and: against; .. . any:of them, including any injury to or.:death of any person or damage to property or other liability. of any nature,-Prising out Of; -pertaining _to, or related to the performance.-of this Agreement by : Contractor or Contractor's- employees, officers, officials, agents:-or independent:-contractors. Contractor shall:'not be obligated: under this-Agreerhent to indemnify City to-the extent that the damage is. caused..by the sole or active negligence.or willful misconduct of City, its .agents or employees: ,Such costs and expenses,shall include reasonable attorneys'..feos of.counsel.of.City's_ choice;:expert.fees and:all other.:costs and fees:of litigation:: Subcontracting. Contractor has been retained due to their. unique skills and Contractor may mt. Substitute another, assign or transfer any rights or obligations:under this;Agreement. Unless prior::_ written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance ofthis Agreement; - -Assignment. Contractor may not assign or transfer this Agreement; without prior written consent of CITY. .. .. Page 1 of 3 . Short Form Agreement Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liabill Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate- all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least$1,000,000. Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation 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 Page 2 of 3 Short Form Agreement Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. 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: Brad Alexander DEPARTMENT: Street Division 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: - CITY OF CUPERT,INO: 4-Ztj By By: Brad Alexander Title Craig H. Geis Jr- President Title: Public Works Supervisor APPROVALS EXPENDITURE DISTRIBUTION EAD DATACCOUNT NUMBER AMOUNT 7 j 100-85-848-700-702 $3962.62 C A T 0 DA E M 7 , G - (s- CITY LERK: ATTEST c DATE Page 3 of 3 Short Form Agreement _a. - fes . uQnnn4 4 June 16, 2015 Attn: .Curtis.Bloomquist- City of Cupertino 1-0555 Ma Avenue ry Cupertino, CA 95014 . .. . . Subject: Underground Street Light Conduit and Junction-boxlnstallation at 10344 Vista Drive Pole#867:3 Mr..Bloom4uist, Cal-West proposes to do the following: 1: Coordinate-with City forces as to.date and time for project start-up.and completion 2.. .Saw-cut,lack:out, and:demo flags of concrete sidewalk_:for conduit work aslif:needed 3. : Chip down existing street light concrete foundation cap for conduit installation into existing pole 4. Supply and install one(1.) new#9 Christy junction-box with lid adjacent to street light pole.#8673 5. Supply and install approximately ten-feet(10')of one inch (1".)PVC conduit sch40. . 6. ' Tie in new 1"Conduit from.new#9 Christy junction-box to existing PG&E service pull box 7.� Supply-and install�PVC conduit ninety(90), forty five(45), couplings, and bell ends as needed ..8. Supply and install "duct seal".putty into conduits:to protect from elements. 9. Pour-back and finish flags of concrete sidewalk and foundation cap if/as needed for project completion 10.:Install PVC conduit sch-40 by hand trench.method as per City and:Cal-Trans.Standards. ..; 11. Make necessaryconnections as'per'current-City and Cal=Trans standards --- 12. Clean up any associated debris in area associated with.project ... ... 13. Contact and communicate with City of job completion this job:ob' $..1,981.31 ... Total CITY OF CUPERTINO -= CAL-%TLING&SIGNAL ... ... .. Authorizing Signature ..... ... ... ....... �._.... ,� David Fanucchi = Print Name ��f�. �fGXc�� � TitleDate /Z�// .. 1 Manager Project ec ana e PO Box 612035 o San Jose'CA 95:16.172035 Phone:(408)923-1313:®.Fax:(408)'923-1115 0'License No.:847901 w- t1awho 6Slod RgUffOM June 16, 2015 Attn.- Curtis Bloomquist City of Cupertino 10555 Mary Avenue Cupertino, CA 95014 Subject: Underground Street Light Conduit and Junction-box Installation at 10384 Vista Drive:Pole#8674 Mr. Bloomquist, Cal-West proposes to do the following: 1. Coordinate with City forces as to date and time for project start-up-and completion 2. . Saw-cut,jack.out, and-demo flags of concrete sidewalk for conduit work as/if:needed 3. Chip down existing street light concrete foundation cap for conduit installation into existing pole 4. Supply and.install one.(1) new#9 Christy junction-box with lid adjacent to street light pole.#8647 5. : Supply and install approximately ten feet(10') of one inch(1") PVC conduit'sch40 . 6. Tie in new 1"Conduit from new#9 Christy junction-box to existing PG&:E service pull box 7. Supply and install-PVC conduit ninety(90), forty five(45), couplings, and bell ends as needed 8. Supply and install "duct seal"putty into conduits to protect from elements 9. Pour back and finish flags of concrete sidewalk and foundation cap if/as needed for project completion 10. Install PVC conduit sch-40 by hand trench method as per City and.Cal-Trans Standards 11. Make necessary connections as per current City and Cal-Trans standards 12.:Clean up any associated debris in area associated with project 13.,Contact and communicate with City of job completion Total for this job: $ 1.,981.31 _ CITY OF CUPERTINO CAL-. EST LIGHTING & SIGNAL Authorizing Signature Print Name P,r,�d �fGXn,icl�_-.f David Fanucchi Project Manager . Title ��hire Svc-�'�l' -S�-n1-'i.yrsF�c Date h lzql. I� PO Box 612035 San Jose,:CA 95161-2035 Phone:(408)923-1313*-Fax:(408)923=1115♦License No.947901 280706 (MMIDD.4�o® CERTIFICATE OF LIABILITY INSURANCE DATE 6/26/20115 Yl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Construction&Real Estate Practice PHONE FAX (g66)358-1487 AIC No Exti: AIC No Wells Fargo Insurance Services USA,Inc.-CA Lic#:OD08408 E-MAIL ertRtllfo.com e uess wesar ADDRESS: CQ @ g 959 Skyway Road INSURER(S)AFFORDING COVERAGE NAIC# San Carlos,CA 94070 INSURER A: Zurich American Insurance Cc 16535 INSURED INSURER B Cal-West Lighting&Signal Maintenance INSURER C PO Box 612035 INSURER D INSURER E: San Jose CA 95161 INSURER F: COVERAGES CERTIFICATE NUMBER: 9285305 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I D D POLICY NUMBER MMIDDIYYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X GLA931895803 10/1/2014 10/1/2015 IMAGE TO RENTED CLAIMS-MADE FkI OCCUR PREMISES (E.occurrence) ccurrrence) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY Z JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X GLA931895803 10/1/2014 10/1/2015 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ XAUTOS AUTOS X NON-OWNED PROPERTY DAMAGE $ Per HIRED AUTOS AUTOS accident A UMBRELLA LIAB X OCCUR AUC932721901 10/1/2014 10/1/2015 EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WC931895903 10/1/2014 10/1/2015 X STATUTE ER 1,000,000 AND EMPLOYERS'LIABILITY 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? FN N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under. 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) UCA320ACW4/92,U-GL-1 175-D CW 10/11,CG24040509 RE:All projects for the City of Cupertino. The City of Cupertino Traffic Signal Division is added as an additional insured per the attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Traffic Signal Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn:David Stillman 10300 Torre Ave. AUTHORIZED REPRESENTATIVE Cupertino,CA 95014-3255 The ACORD name and logo are registered marks of ACORD ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) (This cenificale replaces cerlificale#8438995 issued on 1112612014) ZURICH WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NO. EFF.DATE OF POL. EXP.DATE OF POL. I EFF.DATE OF END. AGENCY NO. GLA931895803 10/1/2014 110/1/2015 Named Insured: Cal-West Lighting&Signal Maintenance PO Box 612035 Address(including ZIP Code): San Jose CA 95161 This endorsement modifies insurance provided by the following: Business Auto Coverage Part Truckers Coverage Part Garage Coverage Part SCHEDULE . Name of Person or Organization: ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED,EXECUTED PRIOR TO THE ACCIDENT OR LOSS,THAT WAIVER OF SUBROGA'T'ION BE PROVIDED UNDER THIS POLICY. We waive any right of recovery we may have against the designated person or organization shown in the schedule because of payment we make for injury or damage caused by an "accident" or "loss" resulting from the ownership, maintenance, or use of a covered"auto" for which a Waiver of Subrogation is required in conjunction with work performed by you for the designated person or organization. The waiver applies only to the designated person or organization shown in the schedule. t Countersigned: _.._____________ Authorized Representative U-CA-320-A(CW)(4/92) Additional Insured —Automatic — Owners, Lessees Or ZURICH m Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. AddT Prem Return Prem. GLA931895803 10/1/2014 10/1/2015 10/1/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Cal-West Lighting&Signal Maintenance Address(including ZIP Code): PO Box 612035 San Jose CA 95161 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section 11—Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I—Coverage A— Bodily Injury And Property Damage Liability and Section I—Coverage B—Personal And Advertising Injury Liability, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or"your work" as included in the "products-completed operations hazard",which is the subject of the written contract or written agreement. C. However, regardless of the provisions of Paragraphs A.and B.above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contractor written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. U-GL-1175-D CW(10/11) Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an"occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a.of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same"occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U-GL-1175-D CW(10/11) Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER GLA931895803 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Narrre Of Person Or Organization: ANY PERSON OR ORGANIZATION THAT REQUIRES YOU TO WAIVE YOUR RIGHTS OF RECOVERY, IN A WRITTEN CONTRACT OR AGREEMENT WITH THE NAMED INSURED THAT IS EXECUTED PRIOR TO THE ACCIDENT OR LOSS. Information required to complete this Schedule if not shown above will be shown in the Declarations. The foil owing is added to Paragraph S.Transfer Of Fights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for Injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the"products- completed operations hazard".This waiver applies only to the person or organization shown In the Schedule above. i CG 24 04 05 09 ©Insurance Services Office, Inc.,2006 Page 1 of 1 ❑ Insured Copy i