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07-139, Traffic Data Services 11/08/2007 18:12 FAX 4083772998 TRAFFIC DATA SERVICE 141002 AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 032709 NO. BY THIS AGREEMENT, made and entered into this !L day of N()vember, ~ by and o~tween the CITY OF CUPERTINO (Hereinafter referred to as CITY) WId Name (1) Traffic Data Service lTDS) (2) Address 1386 White Oaks RoasJ. Suite 1 City Campbell Zip 95008 Phone B 408.377.29~, F 408.377.2998 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants. the parties hereto a~e as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: TO per-Corm dir~rion pedestrlllld cOunts. crossing snuth IIpprooeh on Stelling ROllld at Alves Drive. EXHIBITS: The following attached exhibits hereby Me made part of this Agreement; EXHIBIT' A' e-mail quote and EXHIBIT '8' map. TERMS: The services WId/or materials furnished under this Agreement shall commence On November 13. 2007 and shall be completed befort: November- 28. 2007 (weather permltlna:..extension may be l!:rRntedl COMPENSATION: For the full performance of this Agreement. CITY shall pay CONTRACTOR: Amount not to exeeed $590.00 ; California Labor Code, Section 1771 requires the payment ofprllvailing 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 liability due to negligence, errors and omissions., 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 ofConuactor in performing services described herein. Insur8Dce. ShQuld the City require evidence of insurability. Contractor shall tile with City a Certificate of Insurance before commencing any services under this Agreement. Said CertifiCll.tc shall be subject to the approval of City's Director of AdminisLrative Services. Non-Discrimination. No discrimination shall be made in the employment Qf persons under this Agreemcnt because of the race, color, natiQnal origin. ancestry. religion or sel\ of such person. Inter'est oC 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 undersicned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to uny COntracls or Q\her obligations in executing this agreement. Contractor certifies that no Olle who has or will have any financial interest under this A~ment is an officer or employee of City. Cbanga. This Agreement shall not be assigned or transferred without the writtcn consent of the Cil)'. No changes Qr variations of any kind are authorized withoutlhe wrinen eonsc:nt of the City. CONTRACT CO-ORDINATOR and rt:presentative for CITY shall be: NAME Vicki Guaoo DEPARTMENT Public Work!\ This Agreement shull become effective upon its execution by CITY, in witness thereot: the parties have executed this Agreement the day and year first written above. CONTRACTOR: By Bob V<J.A ~Q~.,^ lft 3 Title V\a q ^ q '3 e".. ./ (J D A Soc. Sec. # BY~ Title Asst. Diree~r of Public Work.~ EXPENDITURE DISTRIBUTION $590.00 Attachments: Exhibit A &; B agreement_tds.do<: e EXHIBIT 'B' -L 60 S 90 ,feet 120 Vicki Guapo From: TDSBAY@cs.com Sent: Thursday, November 08, 2007 1 :46 PM To: Vicki Guapo Subject: Re: Request for Quote Hi Vikki-the-Traffic-Magician, We can do that for $590 next week. Please let me know if you would like to schedule it. Thanks and have a good afternoon! Bob Bob Van Boening Traffic Data Service, Northern California Manager 1386 White Oaks Road, Suite 1 Campbell, CA 95008 (408) 377-2988 (408) 377-2998 fax EJ{HIBrrA 11/8/2007 Vicki Guapo From: Vicki Guapo Sent: Thursday, November 08,2007 1 :54 PM To: David Stillman Subject: FW: Request for Quote David: Below is a RFQ from Traffic Data Service (TDS) to perform a 12 hour pedestrian study at Stelling/Alves. With my current schedule, it will be tight and low on staff for us to complete it. So may I use professional services and contract TDS? II II set up the machine counts...no big deal. If approved, I would like to shoot for Wednesday, 14th. Please advise. Vic -----Original Message----- From: TDSBAY@cs.com [mailto:TDSBAY@cs.com] Sent: Thursday, November 08, 2007 1:46 PM To: Vicki Guapo Subject: Re: Request for Quote Hi Vikki-the-Traffic-Magician, We can do that for $590 next week. Please let me know if you would like to schedule it. Thanks and have a good afternoon! Bob Bob Van Boening Traffic Data Service, Northern California Manager 1386 White Oaks Road, Suite 1 Campbell, CA 95008 (408) 377-2988 (408) 377-2998 fax 11/9/2007