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05-043, Republic Electric fltOf Cupertino AGREEMENT BY THIS AGREEMENT made and entered into on the 19th day of APRIL "'ffi 2005 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) REPUBLIC ELECTRIC (2) Address 7120 REDWOOD BLVD. City NOVATO Zip94945 Phone (415) 898-8897 (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: DESCRIBED IN EXHIBITS A & B . CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 NO. ~ S-4S-~ 3 EXHIBITS: The following attached exhibits hereby are made part of this Agreement: ATTACHED EXHIBITS A & B TERMS: The services and/or materials furnished under this Agreement shall commence on APRIL 18. 2005 and shall be completed before APRIL 22, 2005 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $5,920.00 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 liability of every nature, 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 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 relation 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 GLENN GOEPFERT DEPARTMENT PUBLIC WORKS 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 Title APPROVALS EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT CITY CLERK COPY 04/18/2B05 10:12 5104401751 REPUBLIC ELECTRIC PAGE 02 .~ I . ..':;;i1~1k;,::'S~~~!:,L!~', Republic Electric CA Li<. 6471 ~4 ~~ April 18, 2005 City of Cupertino Attn: Vicki Guapo 10300 Torre Ave. Cupertino, CA 95014 Job Name: Replace 1 B Traffic Signal Pole Knockdown Location: Foothill & Stevens Creek Dear Ms. Guapo: We offer to perform the following work, on the terms and conditions stated below and on the reverse side hereof, and at the prices shown, as follows: Per your request, we scoped the existing knockdown located at the referenced location and found foundation to be in tact and in working order. Furnish and install (1) new IB pole and flange. Fumish and install (1) new TV-2-T and (1) new SP-2-T framework. Fumish and install (2) new 12-in. 3-section head with visors and backplates. Furnish and install (1) set of new 12-in Red, Yellow~ & Green Ball and (1) set of new 12-in Red, Yellow, & Green Arrow LED modules. Furnish and install (2) new countdown led modules (filled). Furnish and install (2) new PPB assemblies with ADA button (signs to be installed by others). Fumish and install new #14 THW conductors and splice to existing conductors in adjacent pullbox. All materials arc stock with Republic Electric and work will begin immediately. Labor, Material and Equipment.......$5,180.00 This offcr shall expire 90 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice. This offer supersedes any prior. offers, commitment or orders, contains all terms, conditions and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by fonnal written amendment. This offer shall be accepted by delivery to us of a copy of this offer duly signed by you in the space provided. The foregoing offer is hereby accepted this Ie> day of ~, 2005. CITY OF CUPERTINO REPUBLIC ELECTRIC iJ~ 11112- James A. Wagner, P.E. () VP Engineering By: (415) 898-8897 . Fax (415) 898-9477 . 7120 Redwood Blvd. Boston Dallas Los Angeles Sacramento Novato, CA 94945-4114 San Francisco 04/18/2005 '11:53 5104401751 REPUBLIC ELECTRIC PAGE 02 . ----' ~ . . ~, I, , ..:..;'.\~~.\:;;~~~~~:l":'>' Republic Electric C^ Lie. 647154 April 18, 2005 City of Cupertino Attn: Vi.cki Guapo 10300 Torre Ave. Cupertino, CA 95014 Job Name: Replace IB Traffic Signal Pole Knockdown - Addendum #1 Location: Foothill & Stevens Creek Dear Ms. Guapo: We offer to perfonn the following work, on the terms and conditions stated below and on the reverse side hereof, and at the prices shown, as follows: Per your request, this proposal is to add (2) new standard audible pedestrian signals to the odginal proposal d.ated 04/18/05. Labor, Material and Equipment.......$ 740.00 This offer shall expire 90 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice. This offer supersedes any prior offers, commitment or orders, contains all terms, conditions and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by fonnal written amendment. This offer shall be accepted by delivery to us of a copy ofthis offer duly signed by you in the space provided. The foregoing offer is bereby accepted this ~ day of ~ 2005. CITY OF CUPERTINO REPUBLIC LECTRIC By: ~~ ,lD1/. JamesAWaguer,P.E. TltiC:m. ~ "'() VPEngineering (4l5) 898-8897 Fax (415) 898-9477 . 7120 Redwood Blvd. Novato. CA 94945-4114 Boston Dallas Los Angeles . Sacramento . San Francil'icQ