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20-101 Service Order #04 12-18-2020 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. MA Date:Master Agreement Contract #: Maximum Compensation: Consultant:Firm Name: Address: Contact: Ph: Project Name: Description: (simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: Fiscal/Budget : SO Acc't #:PO #: Project #:Date: Approvals Signatures: Date: Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance:Date: Encumbrance this Service Order: MA End Date: Consultant/ Contractor Manager/ Supervisor: Management Analyst Master Agreement Maximum Compensation: Master Agreement Unencumbered Balance: Total Previously Encumbered to Date: City of Cupertino Master Agreement Service Order 191002 2021-001 08/13/2020 60,000.00 06/30/2021 BEAR Electrical Solutions 1341 Archer St., PO Box 924, Alviso, Ca. 95002 Robert Asuncion 408-449-5178 Brad Alexander $ 60,000.00 $ 44,750.00 $ 6,500.00 $ 8,750.00 100-85-848-700-702 NA 12/17/2020 12/17/2020 Pole 16862 11122 Clarkston Ave n 4 Dec 18, 2020 Brad AlexanderTO: City of CupertinoCOMPANY: (408) 777-3275PHONE: brada@cupertino.orgEMAIL: 01/15/2021TEST: DATE: 12/16/2020 Brent PaulsonFROM: (408) 449-5178PHONE: (408) 449-5147FAX: Streetlight pole foundation replacement atBID/PROJECT: 11122 Clarkston ave SL pole 16862 WO-00157870PROPOSAL# Contractors License No. 982079 A - General Engineering C-10 High Voltage Electrical C-31 - Work Zone Traffic Control D-31 Pole Installation and Maintenance DIR# 1000002158 SBE# 1752478 1341 Archer Street, PO Box 924, Alviso, CA 95002-0924 Tel: 408-449-5178 Fax: 408-449-5147 Quote Our quote is valid for: 30 days, expiring on: 01/15/2021 We are pleased to offer our quotation for the above referenced project as follows: Cupertino SL otherSite: -Mobilize to site -City to remove existing light pole -Remove damaged foundation -locate existing conduit andScope Summary: intercept to furnish and install pullbox over conduit -Furnish and install new foundation per caltrans 2018 RSP -Contractor furnished rebar cage -Proposal assumes city to provide anchor bolts -Pour concrete housekeeping pad in place to encapsulate foundation and pullbox. -Proposal assumes CIty to install pole and wire -Per existing agreementExclusions: ESTIMATE Item Description Estimated Quantity Estimate Price Per Unit Total Estimated Price TOTAL LABOR, MATERIALS, AND EQUIPMENT 1 $6,500.00 $6,500.00 Subtotal:$6,500.00 Customer Signature: ____________________________ ____________________________Date: TERMS AND CONDITIONS 1. ACCEPTANCE BES (also referred to as Bear Electrical Solutions or Contractor) proposal / contract may accompany the Customer’s Purchase Order, Work Order or Contract in order to validate the bid proposal. It is understood that the issuance of a work order, purchase order, contract, signature of this proposal, verbal direction or other written request for delivery or commencement of work by the customer indicates the Customer’s acceptance of this proposal / contract in whole. 2. BILLING TERMS Payment for services rendered is due in full upon receipt of invoice. Invoice shall be payable in full. Obligation of Customer to pay BES is independent from and unrelated to other obligations owed between Customer and BES and /or Customer and any other party. This proposal is based on rates in effect at the date of our initial proposal and is subject to any increase that my come into effect 30 days or more after the initial date quoted. 3. EXTRA WORK BES will not perform any extra work or modifications outside of this proposal unless agreed to in writing by change order to this proposal/contract or written approval. Change orders will be either based on a new proposal or on a Time and Material basis. 4. ALTERATIONS: BES shall be held harmless for fines, citations, injuries and property damage that results from our electrical work being altered from its original design. 5. INDEMNIFICATION The customer agrees to fully indemnify and hold harmless BES from all claims, costs, actions, damages, liabilities and expense, including reasonable attorney’s fees, which may be brought or made against BES, excepting only such actions, claims, costs, damages, liabilities and expenses resulting from the sole negligence of BES. The intent hereof is that Customer shall fully indemnify and hold harmless BES to the maximum extent allowed by law. 6. GENERAL: This proposal/contract (the “Agreement”) may be signed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement. Any amendment or modification of this Agreement shall be in writing and executed by a duly authorized representative of the parties. In any action brought a party hereto to enforce or interpret this Agreement, the prevailing party shall be entitled to the award of its attorneys’ fees and costs in addition to such other relief as may be awarded. BES would like to thank you for the opportunity to provide you with this proposal. Please give us a call with any questions or concerns. BEAR SO #4 Clarkston Ave Final Audit Report 2020-12-18 Created:2020-12-17 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAwEVg8K2zcHwdIzes7ku8-zQD3bhi0c33 "BEAR SO #4 Clarkston Ave" History Document created by Julia Kinst (juliak@cupertino.org) 2020-12-17 - 9:30:02 PM GMT- IP address: 64.178.242.15 Document emailed to Robert Asuncion (robert@bear-electrical.com) for signature 2020-12-17 - 9:30:50 PM GMT Email viewed by Robert Asuncion (robert@bear-electrical.com) 2020-12-17 - 11:52:12 PM GMT- IP address: 98.207.140.121 Document e-signed by Robert Asuncion (robert@bear-electrical.com) Signature Date: 2020-12-17 - 11:54:54 PM GMT - Time Source: server- IP address: 98.207.140.121- Signature captured from device with phone number XXXXXXX2448 Document emailed to Brad Alexander (brada@cupertino.org) for signature 2020-12-17 - 11:54:56 PM GMT Email viewed by Brad Alexander (brada@cupertino.org) 2020-12-18 - 1:49:06 AM GMT- IP address: 104.47.73.126 Document e-signed by Brad Alexander (brada@cupertino.org) Signature Date: 2020-12-18 - 1:49:40 AM GMT - Time Source: server- IP address: 73.189.164.164 Document emailed to Julia Kinst (juliak@cupertino.org) for signature 2020-12-18 - 1:49:41 AM GMT Document e-signed by Julia Kinst (juliak@cupertino.org) Signature Date: 2020-12-18 - 6:01:38 PM GMT - Time Source: server- IP address: 64.178.242.15 Agreement completed. 2020-12-18 - 6:01:38 PM GMT