02-017 tom Aidala~~~
0lTY OF
+~UP~~TIN
AGREEMENT
/ ITY OF CIJPERTINO
~~ 0300 Torre Avenue
~ /~ ~~ Cupertino, CA 95014
~J ~ (408) 777-3200
BY THIS AGREEMENT, made and entered into on the 14th
by and between the CITY OF CUPERTINO (Hereinafter referred to a.s CITY) and
Name (1) Tom Aidala _ (2)
V'~ NO.~~~~~~
~~
day of March
20 0 2 ,
Address P. 0. Box 1507 City Kelseyville, CA Zip 95451 Phone X707) 279-9092
(Hereinafter referred as CONTRACTOR), in consideration of their mratual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Schematic design for Civic Center and Librar~,~ projects
EXHIBITS: The following attached exhibits hereby are made part of i:his Agreement: Exhibit A-Indemnification
TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on March 14, 2002
and shall be completed before December 31, 2002
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $30, 000.00
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 agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and
liability including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liab~e for acts of Contractor in performing services described herein.
(~ due to negligence, errors, and omissions
Insurance: Should the City require evidence of insurability, Contract~~r 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
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: CITY OF CUPERTINO:
By ~~~ ~ ~ Ely
Title 1~itle Senior Architect
Soc. Sec. # / ~~
APP~iOV~LS~ ~ ~ ,• ,~
EXPENDITURE DISTRIBUTION
N H AD `/ `Z Di ACCOUNT NUM
R AMOUNT
,;/ ~ ~,/ _
CITY CLE K DATE
White: City Clerk ~-- Green: Finance Yellow: Contractor ~/~ ink: Receiving Gold: Department
~ ~ ~ ~-~ ~'
THOMAS R. AICIALA, ARCHITECT
PURCHASE ORDER 52612
AMENDIIAENT NO. 1
City of Cupertino
Department of Public Works
10300 Torre Avenue
Cupertino, CA 95014
408 777 3200
BY THIS AMENDMENT, made and entered into on the I~t day of ~, 20Uo1, by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Thomas R. Aidala, Architect, FAIA
P.O. Box 1507
Kelseyville, CA 95451
707 279 9092
(Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants,
the parties hereto agree as follows:
CONTRACTOR shall provide design review services through the completion of the Design
Development Phase of the Library and Civic Cent=r project.
EXHIBITS: none
TERM: The services and / or materials furnished under this Amendment shall commence on August 1,
2002 and continue through December 31, 2002, unless the DD phase is completed sooner.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR on
Time and Materials basis, FORTY FIVE THOUSAND AND NO/100 DOLLARS.
Date Account NumC~er Encumbrance
March 14, 02 423 9222 7014 $30,000
Au ust 1, 02 423 9222 7014 $15,000
Total $45,000
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.
All of the terms and conditions of the original Purchase Order, not modified by this
Amendment, shall remain in full force and effect.
This Amendment shall become effective upon its execution by CITY, in witness thereof, the parties have executed
this Amendment the day and year first written above~~ (? ~ ~ ~~ ~ ~ ~7
Contractor: Thomas R. Aidala, Architect, FAIA T4't~d'VNd~4 4- w ~-/ Date ~ ~
Contractor SSAN or Tax ID number ~~" __ ~ / - ~%~
.~.~
City Project Manager: Terry W. Greene
Director of Public Works: Ralph A. Qualls, Jr.
City Clerk: Kimberly Smith
Director of Finance: Carol Atwood
~1~1d~
Q~.g oL
~ AIDALA PURCHASE ORDER 52465
AMENDMENT NO. 1
CITY Of .
City of Cupertino
Department of Public Works
10300 Torre Avenue
Cupertino, CA 95014
408 777 3200
BY THIS AMENDMENT, made and entered into on they day of , 20_, by and between the
~,.---EF F CUPERTINO (Hereinafter referred tows CIT`r7 and
homas R. Aidala Architect ~ ~ ~~ ~~
~ s ~ ~
'~~ homas R. Aidala ,.
P.O. Box 1507 -
K21seydille, CA 95451 7
707 279 9092
(Hereinafter referred to as CONTRACTOR), in consideration of their mutual covens s,
the parties hereto agree as follows:
CONTRACTOR shall provide additional architectural design services for the Civic CentLN~~~„
Program and Concept Development Phases through March 20, 2002, including m~e{I'ngs~~th
SMWM, City Staff and City Council Presentation;.
EXHIBITS: none
TERM: The services, materials, and reimbursable expenses, furnished under this Agreement, shall be
completed by March 20, 2002.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR on a
monthly Time and Materials basis, at the rate of $200 per hour, a maximum of FORTY THOUSAND
AND 00/100 DOLLARS, $40,000.
Date Account Number Encumbrance
12/12/01 423 9222 7014 $35,000
423 9222 7014 $5,000
Total $40,000
1/
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.
All of the terms and conditions of the original Purchase Order, not modified by this
Amendment, shall remain in full force and efff:ct.
This Amendment shall become effective upon its execution by CITY, in witness thereof, the parties have executed
this Amendment the day and year first written above.
Contractor
Thomas R. Aidala
Architect
SSAN
City
Project Manager
Director of Public Works ~,(.~..
City Clerk ~//)
Finance
Date 3/ ~~
~~ ~~
Printed on Recycled Paper
Date ~~ ~ 2-"
Date