04-001, Bart Fenolio, Dolphin Design
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
" (408) 777-3200
NoamS-3796
.::r; oj- t; 4-
AGREEMENT
BY THIS AGREEMENT, made and entered into on the 3rd day of June , 20 ~,
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Bart Fenolio (2) Dolphin Design
Address
(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:
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A-Scope of Work
TERMS: The services and/or materials furnished under this Agreement shall commence on
and shall be completed before October 31.. 2004
June 1. 2004
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount to exceed $85,000.00
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~ for acts of Contractor in performing services described herein.
l-t due to negligence, errors and omissions
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 Work!=;
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: :.
APPROVA S
DEAD
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CITY CLERt(
CITY OF CUPERTINO:
By ~AJP/l-'
Title fs:ni~r Architect
Contractor
Gold: Department
BART FENOllO
Custom Aquarium
Designer
6-3-04
City of Cupertino
Mr. Terry Green, Senior Architect
RE: Scope of work and Schedule of Aquarium Installation.
June 17th, delivery of aquarium to Cupertino Library.
June 22nd to August 5th, installation of equipment and aquarium plumbing.
August 6th to August 13th, fresh water testing of all aquarium systems.
August 16th to August 20th, mixed salt water, all equipment in operation.
September 1st to September 30th, introduction of test fish.
October 15th to October 29th, starting to add additional fish.
DOlPh. in D~Si
0~~.
Bart Feno io
P.O. BOX 607 · SARATOGA, CA 95071 · (408) 369-9992 · FAX (408) 369-0680