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05-045, Cal-West Lighting & Signal Maintenance, Inc. ,.. \~~\j~'f...S o\\~", 0\)0 .~ ,,(\\\' ~ ,rd AGREEMENT NOt7lJl} r41J7.3 CUPEI\IINO CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 BY THIS AGREEMENT, made and entered into on the by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) CAL-WEST LIGHTING & SIGN MAINT., INC. (2) Address P.O. BOX 612035 City SAN JOSE Zip 91561 Phone (408) (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: AS LISTED IN ATTACHMENT EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT "A & B" TERMS: The services and/or materials furnished under this Agreement shall commence on APRIL 20, 2005 and shall be completed before MAY 20, 2005 11th day of APRIL ,20~, 923-1313 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $2,094.00 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 Iiabili including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not e lab Ie for acts of Contractor in performing services described herein. ue to negligence, errors and omissions 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 ~I FNN GOEPFERT ( DEPARTMENT i>TTRT.H~ lJORKS 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. By CRAIG Ii GEIS JR Title PRESIDENT Soc. Sec. # EXPENDITURE DISTRIBU ACCOUNT NUMBER CONTRACTOR: 110-8602-7014 $2,094.00 Yellow: Contractor Pink: Receiving Gold: Department .'" J'-~"" ~"~l ~ ( 1 -' ,~ '"" '\ t\ Q 1'--. f'J \ ...'\ (jl":) "'" City Hall I 0300 Torre Avenue Cupertino, CA 95014-0255 Phone: 408.777.3354 Fax: 408.777.3333 DEPARTMENT OF PUBLIC WORKS 24 March 2005 File: 74,001.37 Int. No.: 1638 &1613 <<Company>> <<Name>> <<Address>> <<City>> RE: Traffic Signal Minor Modification at Stevens Creek Boulevard and De Anza Boulevard and at Stelling Road Dear <<Dean>: The City of Cupertino is prepared to issue an agreement for installing two (2) City furnished UPS cabinets by removing the old cabinet and installing the new cabinet, along with the necessary connections at Stevens Creek Boulevard and De Anza Boulevard and at Stelling Road. 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. The agreement, this letter, and response supportive documentation shall constitute the contract. I have listed the following materials and order of work, however not limited to, as follows: Project Elements 1. Attend pre-construction meeting to discuss scope of work and to verify conductors and termination. 2. If traffic signal shut down is necessary, it will not be permitted before 9AM and shall return to normal operation by 3:30PM. 3. Intersection control will be coordinated through and furnished by the City, with a seventy-two (72) hour lead. 4. Disconnect and remove the existing UPS system, batteries, and appurtenances most for reuse or install City furnished newer UPS system with new batteries. City will properly discard old batteries. 5. Tag all wires with T&B Ty-rap cables ties. 6. Land all wires and reinitialize the UPS system and controller. 7. Test operation. 8. Warranty on work and materials. Time and Completion 1. This project has 10 working days from the date of the agreement. City Duties 1. A seventy-two (72) hour notice from the Contactor prior to any operational shutdown of any traffic signal, the City will arrange for the Sheriff Department to direct traffic at no expense to the Contractor during the traffic signal shutdown. 2. Kevin Rieden, Public Works Inspector, will inspect proper lane closing. Any questions concerning lane closures shall be directed to him. His number is 408.777 .3104. 3. Mike Vandeveer and Cameron Corry, Traffic Signal Technician will complete the electrical inspection. Their number is 408.777.1366. - I - EXHIBIT A Traffic Signal Minor Modification - SCB at De Anza Boulevard and at Stelling Bid Close: 8 April 2005, Friday, 9:00 A.M. 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 installing two (2) City furnished UPS cabinets by removing the old cabinet and installing the new cabinet, along with the necessary connections at Stevens Creek Boulevard and De Anza Boulevard and at Stelling Road to completion. I have read the above proposal and visited the site, and hereby propose to do ail work required to complete the work in accordance with the State of California, Department of Transportation, Standard Plans and Specification dated July 2002. 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 8 April 2005, Friday 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. TOTAL BID: Written amount $ Numeric amount $ NAME OF CONTRACTOR: ADDRESS: CONTRACTOR'S LICENSE NO.: Sincerely, ~~ Vicki Guapo ~ Senior Traffic Technician -2- 1600 traffic signal minor bid.doc 04/05/2005 10:05 408-923-1115 CAL WEST LIGHTING PAGE 02 II Traffic Signal Millor Modification - seB at De Anza Boulevard and at Stelling Bid Close: 8 April 2005, Friday, 9:00 A.M. . 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 Cupettulo dot:s not state that the acrnal 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 installing two (2) City filrllighed UP~ ca.bin~ts hy r~movi11g the old cabinet and installing the new cabinet, along with the necessary connections at Stevens Creek Boulevard and De Anza Boulevard and at Stelling Road to completion. I have read the above proposal EUld visited the site, and her~by propose to do all work required to complete the work in accordance with the State of Califomia, Department of Transportation, Standard Plans and Specification dated July 2002. I further understand that said prices include all costs including, yet not limited to, local, ~tatc and federal taxes, awl lraJl:;portation costs. If you are interested in bidding on this project, please submit your bid on or before 8 April 2005, Friday 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. Jfyou have any C(l\cstiOIl5, please call me at 408.777.3243. TOTALB,ID: Written amount $ TWO T\\DlJ$IV0\) I\JIAJEl''i FouR. t) DLL(\R.$ ~O ~\ 0:0_ Numeric amount $ NAME OF CONTRACTOR: ADDRESS: r 0 \:>oX b\ ~()3S- .$ ArV -sese: ~. ~I ~ \ - :U:>3 r- ( CONTRACTOR'S LICENSE NO.: 8'Lf 1 9 0 \ Sincerely, ~9 Vicki Guapo ~ Senior Traffic Technician - 2 - loGO traffic signal m1nor I>IO.Ooc EXHIBIT B 34'05/2005 10:05 408-923-1115 CAL WEST LIGHTING PAGE B1 - ~i Gal-West ~ FAX TRANSMITTAL lIafQ. . .....1lIIIIIu... DATE: 4/5'"/ ()) - I FROM: ~{z'~t C"'\ b tTLS TOTAL PAGES: ~ TO: ~VPff:\, f\JOi ATTN: \/ f(:'~-:\ ~U-APO FAX#: ~Oj' 777 '3333 SUBJECT: 5-rEVE'.oS ~/ btAAJ2..A.. - S-r61J&A>.s Cj?_:r:-/5TEU..~G I I B ~ s mo.p(F(~AT lotJ COMMENTS: 1+t l)jc..k..I. - I ~ C10t-~ rt? HBftE IS ()u{t.. P~Po's"'L FvR.. \t\c B~$ (}'1l>t) 61 T ~A1 ~5 A 6 A \('J f:o lL T it ~ I.){ ('d a.."r u ~ cr:1 p itA t) tf'" f( 6Do D (:) AJ t: ! 'i. 'I ~ ' ~i ~ PO Box 612035 . San Jose, CA 95161-2035 Phone: (408) 923-1313 + Fax: (408) 923-1115 . License No, 847901