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05-115, Sugimura & Associates () /:)- -II S- AGREEMENT / CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 NO. (jt5lJ S- 4-( tJ 7 BY HIS AGREEMENT, made and entered into this 22th day of November, 2005~ by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and sugimura & Associates Architects, Gene sugimura Address: 2155 So. Bascom Ave., su.200, Campbell, CA 95008;Phone: 408-879-0600; Fax: 408-377-6066; e-mail: gene@sugimura.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: Design, Construction Documents and Construction Administration for: The Sports Center Pool House ADA Upgrade 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 NO:.Ja;005 and shall be completed before Oct. 1, 2006 ,.- U ENTER COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: ED Not to Exceed $ 10,000.00, to be paid based on time and materials cost accounting 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 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: Terry Greene DEPARTMENT: Public Works Department 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. CONJ1CqR: , By ~ ~ ~ do H-PS" Title Jr. ~;,~ gas. Soo. it 8f Tax 1.0. 77 ~ 0/' /305 CITY OF CUPERTINO: By Titl $ 10,000.00 Sugimura & Associates Architects Architecture. Planning. Interiors Landscape Architecture 2155 So. Bascom Ave., Suite 200 Campbell, CA 95008 408/879-0600 Fax 408/377-6066 E-mail: SAA@sugimura.com Website: www.sugimura.com Principals Gene M. Sugimura, AlA Reed C. Grandy, ASIC Christopher B. Clancy, AlA Associates Susan M. Landry, ASLA Mirella Sion, Assoc. AlA P:\2530\Corr\Ltr Trsmtl Agrmt 11-22-05 dlb.doc Letter of Transmittal Date: November 22, 2005 Project Number: 2530 To: City of Cupertino Address: 10300 Torre Avenue Cupertino, CA 95014 p" ,,~ '''; ..... (, " ,'" 'VORKS N (J!f ?, 3 2005 Attention: Carmen Lynaugh, Public Works Projects Manager Subject: Pool House Project Agreement Please find enclosed the following: Date 11/22/05 Quantity 1 Description Signed Agreement For your: Action and Files Comments: The above items transmitted via: Fax & Mail Sent By: Debora Burnett for Gene Sugimura Page 1 of 1