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09-012 Cal-West Lighting & Signal~~I AGREEMENT ~~I CITY OF CUPERTINO CUPERTINO 10300 Torre Avenue y~~ Cupertino, CA 95014 ~ ~~a ~~ ~~~ 408 777 3354 NO. l/v~ BY THIS AGREEMENT, made and entered into this day of ~, 2009, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Cal-{Nest Lighting and Signal, P.O. Box 612035, San Jose, CA 95161, 408.923.1313, contact: Craig H.. Geis Jr. (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specifiE:d services and/or materials: EXHIBITS: The following attached exhibits hereby are mad~s part of this Agreement: Exhibit A Sz Exhibit B TERMS: The services and/or materials furnished under this Agreement shall commence on April 1, 2008 and shall be completed before July 1, 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 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 harrriless the City, its officers, agents and employees from any and all damage and liability due to negligence, errors and ornissions, 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 insurabilii:y, 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 tf•iis 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 i:~ not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifi~as 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: David Stillman, Senior Civil Engineer DEPARTMENT: Public Works Department 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: Title PR-ES~~t;~r CITY OF CUPERTINO: By Title SC~J~ Cw~t~ !cN(ii~~~ Tax ID# ~.o - I `1 r b Slo 3 nnounvei c EXPENDITURE DISTRIBUTION TF •`TM ^ AD ~ yD , DEP i ` 110 8602 7014 $19,810.14 CI R D E a 0 J 02104!2009 •11:01 4087771370 TRAFFIC DEPT PAGE 04104 ©2/0q/2009 10:32 408-923-1115 CAL•-WEST PA(~ 82104 Exhibit B C~~-sliest 1~1 ~ rI~M1~IW41E1 Jan+~q~r 22, 2009 Attn: David stilirnarw eiiyr of Cupertino Dept afi Public Works 10300 Torre Avanu® Cupertino, CA 980143265 SubJ©ct; Type 2&4-7Q (1988 spec,) poll r@plscemenir atthe intersection of DeAnT~ Sivd. & Rainlmw Dr.; Mr. 9titlman, Cal-West proposes to do the fallowing: 1. Supply and Install new Type-?_6-a-7Q Traffio Signal Poie manutgo~u,l'sd tt-1988 specifications 2. Rerfzova'~existing damaged Mast-Arm pole ancf hardwaro lar,„atgd an S/W corn©r 3. Salvage and re-use exlstEng Slgnai mast Arm Vuith srenat gear 4. Sav~cut, jac#c down and d®mv flags ttf cancre~te sidewalk as needed 5. Pour daeit ~arld finish flags of concrete sidewalk as needed S. Alf watlc catt~pfetECi to comply with current CIt~~ and Cat-Trans Standard Spectftcatlbns 7, Set up proper (are eloouroo as n®ceseary and advanced warning signs ss n~ded a. Make all necessary connections and test to verify proper operations 9. Claan up any ascaciat+ed debris in area 10, Contact and communicate with City oft jots catri~+letion Total for this )oC: $ 3,6'E0.14 CITY OF CUPEFiTINO Author!=inq Signature _, Print Name Title ~,~ Dates / /~y, CAL-WEST LIGFI71NC 8 SIGNAf.. ~~~~' Craig H. Gels Jr. President PO t3ax 642035 ~ San dose, CA 95161-2035 Phone; (408) 923-1313 ~ Fax 0408) 923-1116 ! License No. 847901 02f 0512009 10: 37 03/13/2008 12:30 1 ~~ ~~~ ~ ~~~~ CAL-WEST CAL WEST LTGHTING 0. 5 Maroh73, 2008 408-923-1115 40°-923-1115 Attn; pevid Stlrltnan Dept of publ cnWorics 10300 Torre Avenue Cupertino, Cq 95014-3255 Subject: Typ~26,~„16T Po1e mAlacement at the lnteraE~on of DeAnza Blvd_ ~ Ratnbow Dr : Mr. St,llman, Cai-West proposes to do the fnliowing: 1. Saw-cut jack down and demo flags of concnexe sidewalk as Hess 2. Install nevv Type-2~_161 'Fotmdatlon with anchor bolts and 2 3• New fioundation to be installed adjacent to e+xistin~ ded vn me S/V11 comer 4- Inetalr new T " P~ t4 existing pulr-box 5. Install two (2j 12^ AS1and one (1) 2a SVm'T pert 5 S~n sire abandoned foundation ~. Instill SP-1-T t'atestrlan Signal with Countdown I_SD (Geicorewrth batl LEp s (Geleare) 7. Install two (2) new pP6 Assy's with ~~ arrow platE:s and push-A ttona (gulldo $. Removes ®xietng damaged Mlast Arrrr pole and hardware located on SMI 9. Demo, jack dOwri, and abandon old existing fiound+3tlon udder grade of slAewa k) 10- Pour Dack .and finish flags of concrete sidewalk as needed comer 11. AI! Work completed tv comply with current city and cat-Trans Standard Speciticatlons 12. Set up proper lane Closures as necessary anQ advanced warning signs as needed 13. Make all necessary cannedions and test to verify r~ropar aAeratlons 1~. Clean up any associated debris in area 15. Contact and communicate with City of job completion Tara! for this Job: $ 16,200,04 **'' A41 Signal gea- to be re furbisb~d and supplied at l~Q.rQ$T to the City, CITY OF CUP~RTINO CALrWEST SIGHTING /& SiGNAI, Authorizing Signature l,' , ~ ~.._ /y~ print Name Craig H. Geis Jr. President Tlge laat® ~ /_ PAGE 03103 PAGE 02 PO BOx 812036 ~ sen Jose, C.A 95161-2033 Phone' (408) 923-1313 ~ Fax: (408) 923-1'115 ~ License Na. 847801