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12-016 REJ Electric CompanyCITY OF AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 A7f7J r-?' r-/ _.) 408·777~3200 NO. {/[/V:;. I._) ( _,) m CUPERTINO £ rn1111_)_1 BY THIS AGREEMENT, made and entered into this I s--r day of 6/3 , 2012J.. by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and REJ Electric CQmpany; 1151 Harbor Bay Pkwy, Suite 20Bi, Alameda, CA, 94502; (510) 337 .. 4947 (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: Installation of electric vehicle charging stations and associated wiring and concrete work as described in the attached Exhibit A. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A, Proposal TERMS: The services and/or materials furnished under this Agreement shall commence on FebruazY!J/2 and shall be completed before March 15, 2012. -U £ COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Lump sum in the amount of $5,250.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any Injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage Is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provisions Identical to those set forth here In these sections from each and every subcontractor or any other person or entity Involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Insurance. Should the City require evidence of insurability, Contractor shall flle with City a Certitlcate 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·Dlscrimination. 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 ls 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: David Stillman 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. coN~e-r~R:Y ~ /J «--r ay<_.(~/AL. /<_£ JatPfi:JS Title Oa) 11 e' ,r- Soc. Sec. #or Tax 1.0 '!J'.'-21J Z? G 9 CITY OF CUPERTINO: By~.,.~ Title: 5evl,() fl c kvkl PvGz APPROVALS EXPENDITURE DISTRIBUTION NT HEAD Con!ractor Agreement RED Product Name Install Install Install Install Install Final EXHIBlTA CUPERTINO CITY HALL RODRIGUES STREET ELECTRIC CAR CHARGER PROPOSAL INSTALLATION ONLY December 20, 2011 Product Description Product Code Wiring Installation and conduit from power to charger Install Concrete Work and Saw Cuts Install Parking Bollard*** Install Signage*** Install Concrete base*** Install Charger Final Assembly and Installation with Start-Up*** Final ***Items to be paid by CEC-Coulornb Subtotal Qty 1 1 2 2 1 1 1151 Harbor Bay Pkwy Suite 206i Alameda, CA 94502 (510)337-4947 License # 819839 Unit Price Total Price $3,250.00 $3,250.00 $2,000,00 $2,000.00 $600.00 $1 ,200.00 $350.00 $700.00 $600.00 $600.00 $1,500.00 $1,500.00 $9,250.00 Does not include Perm it Fees Paid by CEC-Coulomb $4,000.00 Extended warranties available upon request Total Proposals are valid for 30 days If needed, a charge of $650.00 will be added to compute existing electrical load for permit Additional charges may apply if power capacity is insufficient Additional charges may apply depending on ground condition, if applicable Additional charges may apply for power disconnects if required by city inspector Proposal based on information provided in Pre-Site Visit Assessment $5,250.00 Existing Power will be properly stubbed out in parking lot at the exisisting charger base with appropriate dedicate circuits (2x40A double pole breaker-non GFCI type) and wiring for a run from panel to point plus 300 feet Underground utilities will be properly marked prior to work commencing Existing 11/2" Conduit will be in place from parking lot to edge of sidewalk on Rodrigues Street Installation Address: 10300 Torre Avenue Cupertino, CA 95014 Submitted by: Phillip Wang, R~gional Salf Manager (415) 308-3064 ' Accepted by: Signature Printed