05-032, Thomas R. Aidala
05/24/2005 22:00
70727'3'30'33
PAGE 02
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 ~3200
U:l20l n
NO.
BY THIS AGR MENT, made and entered into this Lday of :::ru~. 20 O~ by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Thomas R. Aldala; P.O. Box 1507. Kelseyville. CA 95451;
Phone: 707-279-9092; Fax: 707-279-9093; E-Mail: tornaldala@mindspring.com
(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; Architectural
Enhancement Services for the Mary Avenue Bike Ped Bridge Project
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: None
TERMS: The services and/or materials furnished under this Agreement shall commence on June 1, 2005
and shall be completed before May 31, 2006
COMPENSATION: For the full perfonnance of this Agreement, CITY shall pay CONTRACTOR: To be paid on a
Time and Material Basis for actual costs
CallfOl'nia Labor Code, Section 1771 requires the payment 0( prevailing wages to al workers employed on a Public Works contract in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold HanWHs.. Contractor BgI'l!leS to saw and hold hannJess the City, Its officers, agents and employees from any and all damage and llability due
to negligence, errors and omissions, Including 81 cosfs of defending any c~m, cawed by or arising out of the performance of this Agreem~nl. City
ahaII not be liable for acts of ContTaetor in performing !loeI\Iices described her~n.
Insurance. Should the City require evicIence of 111SlJlability, Contractor &hall file with cry a Ceftificate of II'lt>Ul'aoce before commencing any S8fVices
under ttlis Agreement. SlIilcl Certificate shall be subject to the 8ppmv&1 of City's Director of Administrativ8 ServIces.
Non-Discriminatlon. No ciscrtmlJ'l8tlon shalf be rnad@ In the empIoyrnenl of ~ under this Agreement ~ of the race, color, national
origin, ance&tJy, religion or sex of such person.
1ntefe5t of Contractor. It is understood and agreed that IhI$ Agreement is not a conInK;t of empIoymeot in the sense that the reIatiooship of I'l'laUtef
and servant l!IXIsts between City 8nd~. At all times, contractor shall be deMled to be an independent eontractor and Contrac;w is not
wlhorlzed 10 ~ the City to 8r'to/ contracts 01' other ol:lIigIItioos. in ~ this~. Contr.lCtOf certifIeS that no one who has or will have
any finlll'lClallnterest under th$ Agreement is an omcer or employM of cry.
Changes. This Agreement sI'JaIl not be assigned or b1insferred \\o'Ilt/Qut the wriIt8n consent of the City. No challQeS 01' variations of any kind are
authorized wlthout the wntten consent of the city.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: Teny W. Greene, AlA
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.
C~~T})ACTOR; ~_
BY~e.,~.
Title 'fRt N C-I 'P ^ L
Soc. Sec. # or Tax 1.0.#
EXPENDITURE DISTRIBUTION
270-N49-9300
I
S2S, 000. 00
).
C;-j P(Ol