17-123 Aegis ITS, Inc., Fiber Network Extension to the Service Center, Project No. 2017-04RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE.
WITH GOV. CODE 27283
23815799
Regina Alcomendras
Santa Clara County -Clerk-Recorder
11/30/2017 10:07 AM
Peges: 3
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF COMPLETION
CITY PROJECT NAME: Fiber Network Extension to the Service Center
(City Project No.: 2017-04)
pi.l Original
D For Fast Endorsement
CUPERTINO
Recording Requested By:
When Recorded Mail To:
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE
NOTICE OF COMPLETION
Civil Code§§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the agent of the owner of the project described below.
2. Owner's full name is: City of Cupertino, California.
3. Owner's address is: City Hall, 10300 Torre Ave., Cupertino, CA 95014.
4. The nature of owner's interest in the project is:
_x_Fee Ownership Lessee other:
5. Construction work on the project performed on the owner's behalf is generally described as
follows: City Project Name: Fiber Network Extension to the Service Center
(City Project No.: 2017-04)
6. The name of the original contractor for the project is: Aegis ITS, Inc.
7. The project was completed on: November 8, 2017
8. The project is located at: Mary Avenue between Stevens Creek Boulevard and Millard Lane in
Cupertino, CA
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws
of the State of California that I have read this notice, and I know and understand the contents of this
notice, and that the facts stated in this notice are true and correct.
November 27, 2017: Santa Clara County ~ -'.:::=::=__ ____ _
Date and Place ~
Timm Borden
Director of Public Works
"NO FEE"
City of Cupertino
NOTICE OF COMPLETION is hereby given in order to comply with the provisions of
Section 27283 of the Government Code.
This is to certify that the Notice of Completion dated November 27, 2017 for
CITY PROJECT NAME: Fiber Network Extension to the Service Center
(City Project No.: 2017-04)
and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino
on November 8, 2017 and the grantee consents to recordation thereof by its duly authorized
officer.
I certify under Penalty of Perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
Dated:
By:
November 29, 2017
~4~
Kirsten Squarcia_
Deputy City Clerk
Project No.2017-04
DOCUMENT 00650
AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS
FIBER NETWORK EXTENSION TO THE SERVICE CENTER
PROJECT NUMBER 2017-04
THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and
entered into this 18th day of December, 2017, by and between the City of Cupertino ("City"), and
Econolite Systems, Inc. ("Contractor"), whose place of business is at 1810 Oakland Road, San Jose, CA 95131.
RECITALS
A. City and Contractor entered into Contract Number 2018-188 (the "Contract").
B. The Work under the Contract has been completed.
Now, therefore, it is mutually agreed between City and Contractor as follows:
AGREEMENT
1. Contractor will not be assessed liquidated damages except as detailed below :
Original Contract Sum
Modified Contract Sum
Payment to Date
Liquidated Damages
Payment Due Contractor
$ 264,764.33
$ 264,764.33
$ 251,526.11
NIA
$ 13,238 .22
2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of
Thirteen Thousand, Two Hundred and Thirty-Eight Dollars and Twenty-Two Cents ($13,238.22) under the
Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file
with City as of the date of such payment.
3. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispqte
against City arising from the Contract, except for the claims described in paragraph 4 of this Document 00650.
It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall
be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations,
costs, expenses, damages, losses and liabilities of Contractor against City, and all if its agents, employees,
consultants (including without limitation Consulting Cupertino), inspectors, representatives, assignees and
transferees except for the Disputed Claims set forth in paragraph 4 of this Document 00650. Nothing in this
Agreement and Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of
this Document 00650 .
City of Cupertino 00650 -l Agreement and Release of Any and All Claims
Fiber Network Extension to the Service Center
Project No .2017-04
4. The following claims are disputed (hereinafter, the "Disputed Claims") and are specifically excluded from the
operation of this Agreement and Release:
Claim No. Date Submitted Description of Claim
None
Amount of Claim
5. Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in consideration
of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby releases and forever
discharges City, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and
all liability, claims, demands, actions or causes of action of whatever kind or nature a rising out of or in any way
concerned with the Work under the Contract
6. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full
force and effect as specified in the Contract Documents.
7 . Contractor shall immediately defend, indemnify and hold harmless the City of Cupertino, Santa Clara County,
its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors, assignees
and tran sferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses,
damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or
Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment
used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in
paragraph 4 of this Document 00650.
8. Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as follows :
A general release does not extend to claims that the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known
by him, must have materially affected his settlement with the debtor.
9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be
considered independent and severable, and if any such provision or any part thereof shall be at any time held
invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then
such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the
remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be
enforceable.
10. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released
pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument.
Each party represents and warrants that it has been represented by counsel of its own choosing in connection
with this Agreement and Release.
11 . All rights of City shall survive completion of the Work or tennination of the Contract, and execution of this
Agreement and Release.
City of Cupertino 00650 -2 Agreement and Release of Any and All Claims
Fiber Network Extension to the Service Center
Project No.2017-04
* * * CAUTION: THIS IS A RELEASE -READ BEFORE EXECUTING * * *
THE CITY OF CUPERTINO,
a Municipal Corporation of the State of California
ATTEST:~ ~ ~Jt 1-I L-LJ
Citylerk
[CONTRACTOR!
By: ~~
Name: _Q~o"""· ~"""-"'-~=-+t-.c....M--'-_ .... _lt:_k_~--'-, )-'-----
City Attorney
~J~A~rv_U_1tR~y_1 o __ , 20 1@
END OF DOCUMENT
City of Cupertino 00650 -3 Agreement and Release of Any and All Claims
Fiber Network Extension to the Service Center