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05-072, Republic Electric AGREEMENT BY THIS AGR MENT, made and entered into this 16th day of AUQust, 20Q9." by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Republic Electric (2) Address 371 Bel Marin Keys Blvd. City Novato Zip 94949 Phone (415) 884-3000 (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: All labor & equipment to install new Ped Post w/button as described in Exhibit A CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 No(J7J7Jr 4-?otJ EXHIBITS: The following attached exhibits hereby are made part of this Agreement: See Attached Exhibit A and B TERMS: The services and/or materials furnished under this Agreement shall commence on AUQust 16, 2005 and shall be completed before September 1, 2005 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Shall Not Exceed $2,252.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all wJeJrk s employed on a Public Works contract in excess of $1,000.00. ENTERED 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 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 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 Vicki Guapo. Sr. Traffic Tech. 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. CONTRACTOR: 0- A ro~ll-t . VP~'~ Soc. Sec. # ~ CITY OF CUPERTINO. B~~ ~ y - Title Assistant Director of Public rks EXPENDITURE DISTRIBUTION ACCOUNT NUMB R 110-8602-7014 AMOUNT $2,252.00 08/12/2005 13:20 5104401751 REPUBLIC ELECTRIC PAGE 02 ~ ! . I ,', ..j~.;;t~j~ Republic Electric I I ~' ~ CA Lio. 647154 August 12,2005 City of Cupertino Attn: Vicki Guapo 10300 Torre Ave. Cupertino, CA 95014 Job Name: Replace PPB Post Knockdown Location: De Anza & Stevens Creek Dear Ms. Guapo: We offer to perform tbe following work, on the tenns and conditions stated and at the prices shown, as follows: Per your request, rem, rve and dispose (1) e~istil1.g PPB post and assemblies located on the southwest comer of the referenc('d location. Remove and dispose of the existing foundation. Construct a new concrete foundation. Furnish and install a new PPB Post. Pull c01,ductors and splice as required. Furnish and install (1) new PPB assembly with bulldog pedeStrian button. Reuse existing sign. plate. Test operations. All materials are stock with Republic Electric and work will begin immediately. Labor, Material and Equipment..... ..$2,252.00 This offer shall expire 90 days from the date hereof and may be withdrawn by us at any time prior thereto with or witho'Ut notice. This offer supersedes any prior offers, commitment or orders, contains all tenns, condHions and warranties and when accepted, constitutes the entire contract between the parties. The resulting c;ontract shall not be modified except by formal written. amendment. This offer shall be accepted by ddivery to us of a copy of this offer duly signed by you 1n tbe space provided. The foregoing offer is hereby accepted this ~ day Of~, 2005. CITY OF CUPERTINO REPUBLI~LECTRIC VP E11gineering Q ~ ~ ~ By: Title~~<D .. tb<J . (4]5) 884-3000 . lax (41.5) 884-4800 . 371 Bet Marin Keys Blvd, #200 . Novato, CA 94949-5699 Boston . Dalla~. Los Angeles . Sacramento San Francisco San Diego