09-159 Sugimura Finney Architects, Blackberry Farm Infrastructure Project, Program and Concept DevelopmentAGREEMENT
~- ! -~ CITY OF CUPERTINO
/ 10300 Torre Avenue
iV/~~ ~J ~ Cupertino, CA 95014 ~~ ~' ~~
408-777-3200 NO.
BY THIS AGREEMENT, made and entered into this 22nd day of December , 2009 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Sugimufa Finney Architects, Gene Sugimura
Address: 2155 So. Bascom Ave., Su. 200, Campbe/% Ci4 95008;Phone: 408-879-0600; Fax: 408-377-6066;
e-mai/: aeneCa~suaimura.com Hereinafter referred as CON-TRACTOR), in consideration of their mutual covenants,
the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Blackberry Farm Infrastructure Upgrade Project - Progr:ltm and Concept Development
EXHIBITS: The following attached exhibits hereby are made: part of this Agreement: N/A
TERMS: The services and/or materials furnished under this Agreement shall commence on December 22, 2009
and shall be completed before March 30, 20lO
COMPENSATION: For the full pertormance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed $ !0,000.00 based on Time and Materia/, without City Authorization
California Labor Code, Section 7777 requires the payment of prevailing v~rages to all workers employed on a Public Works contrad in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contrador 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 GF~Im, caused by or arising out of the performance of this Agreement. City
shall not be liable for ads of Contrador in performing services described heren.
Insurance. Should the City require evitlence of insurability, Contrador 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 contrad of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contrador shall be tleemetl to be an independent contractor and Contrador is not
authorized to bintl the City to any contracts or other obligations in executing this agreement. Contrador 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. ^ n
CONTRACT CO-ORDINATOR and representative for CITY :shall be: ~(rv~~'I E~TERE,Ljr
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.
CONT TO,~Rj:
By / h . ~ /- / Z /o
Title +.-.rc°/~/~/" /'ih .-c~
Soc. Sec. #orTax LD. ~~-- O///3L~ S-
CITY OF CUPERTINO:
By i
Title. erry Greene, AIA, City Architect
EXPENDITURE DISTRIBUTION
TMENT H _ DATE
" ~ ~' 0
427-9135-9 , ,
$ 10,000.00
R DATE ~~ A/ /~ j
.J " - Y ~ /~