00-029 Playgrounds by DesignAGREI=MENT
BY THIS AGREE NT made and entered into on the _ 3 day of /ylf12C,~ ig 2.000
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) -~ G2t~w.t flS QY L'~CS i s Ar (2) PGByWo+a,.,ID sy.Sr~satt
Address / 8 /! S~ntTA 2tTA tE'd, ~ b3 City ~-Ls/i5,3n~p'bi1G' Zip2't' d~ Phone~~~~ tF~L -1o74S-
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following spe~~ified services and/or materials: R,.~h,krr, ~i~vs-r~,cc,
~SROuncn E'~e~-~a~ar' .aT m~-Zdu~- ~•~-n.K_. r) tnrsrgc~rio•K of ~qu.y~,a,er~tr gnrp
Z) lAtsfiac.c..s-r,e~nt of Wor,a ~i bcq, 9t t_~rrEr.~ ~N I~y6~0 S BY ~yb~l! I4i-9'd~+-~'~ Et lOSF7
EXHIBITS: The following attached exhibits hereby are m~ide part of this Agreement:
ptp7Grtics.~~v v B7 I~s'e c~~v P~~ y »~+.c-r~, D-~.aw,~va ~ Ooa u~~ fMrO Azcyoo.+.a'.c., t# /off
TERMS: The services and/or materials furnished under this Agreement shall commence on Af'~~ !~' Zooo
and shall be completed before ~~~ /. z-oao
CITY OF CUPERTINO
City of ~' ~ 10300 Torre Avenue
Cupertino ~ /L ( Cupertino, CA 95014
V ~-I 408-777-3200
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
,4T Cc~pL~riaw/ ot= Pn~oJc-aez-~PT'~'n. i~rnr~. t2~auiet,~I fey T~~ C,~ry.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harrrlless the City, its officers, agents and employees from any
and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the
performance of this Agreement. City shall not be liable for <<cts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurabili~:y 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 relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed
to bean 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 CI1~Y shall be:
NAME ~~ 2122-~ DEPARTMENT ~t-t-~-tC `~a~'S
This Agreement shall become effective upon its execution oy CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
'~ CITY OF CUPERTINO:
BY 13y ~~ ~~ J
Title Zcss ~~ "fitleo'~- ~rd'L h?~r16~~
SOC. . #
APPROVALS
I.XPENDITURE DISTRIBUTION
DEP EN HEA DATE ACCOUNT NUMBER AMOUNT
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CITY CLI=RK COPY
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CITY OF CUPERTINO
BID SUMMARY
BID SPECIFICATION: ~~~p/Zl/~L I"A'~t~ 1"LA l/ ~2(xt./1[ Ij ~(kltlpl~ ~T
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* Bid prices must include. sales tax and freight cost
VENDOR UNIT EX'T'ENDED SALES
PHONE N0. PRICE BID PRICE TAX FREIGHT *TOTAL
CONTACT PERSON
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* If low bid is acceptable no f~irther discussion is necessary
DISCUSSION:* PL/3y ~punc~ (3y O~Srbrv c/~l~r Sr-z~z-c~ i31~-s'~/J t7~'Y ~~'Ti~/b
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t~hr ~1 c `t3c~sT Sc ~i EDu c c -
RECOMMENDATION: Vendor Number 1. ~ 2. u 3. 4.
APPROVAL
~ ~~
Department Aut 'ty Date
Purchasing Officer (Finance Department) Date
1)I
Ct~pe~-tin0
December 1,1999
Dear Playground Equipment Supplier /Contractor,
Re: Request for Proposal -Design, Supply and Install Play Apparatus at Memorial Park.
You are invited to submit a proposal to provide profl:ssional services to design; supply and install play
apparatus and improvement existing ground surface at Memorial Park,
Your proposal will be due to the Public Work: Depar'trnent, City Hall, 10330 Torre Avenue,
Cupertino, California 96014 by February 4.2000 :rft 6:00 PM. to be considered for this project
SCOPE OF PROJECT:
Proposed apparatus is to be installed in the existingi play area that now contains old play apparatus.
The City will demo and dispose all existing apparatus and structures required for placement of
new apparatus. The City will identify and mark all underground utilities.
Installation of Equipment
(1) Elementary Aged Children Apparatus (5 -12 yesrrs).
(1) Pre-school Aged Children Apparatus (2- 5years).
Option #1 Upgrade Swing Area
Improvement to the existing ground surface is requinsd.
The improvements will consist of an accessible path of travel to provide an entry from the play area to
the play activity and the area under the equipment a,nd in the fall zone.
The play surface and accessible path shall be a fiber type product and must meet the ASTM PS 83
Standard Specification.
All apparatus must meet the following requirements:
• IPEMA Certification: The International Playgrornd Equipment Manufactures' Associations shall
certify all components compliant with ASTM1487-95. Non~ertified components are not
acceptable.
• LIABILITY INSURANCE: The manufacturer shall have at least $10 million in product liability
insurance on a "per occurrence" basis. The City of Cupertino shall be named as a certificate
holder. The certificate of insurance is to be issued to the City at the time of purchase.
• NPSI: The equipment shall be inspected by a National Playground Safety Institute certified sales
representative. The equipment is to be installed by an installer certified by the manufacturer to
install their equipment.
• ADA Guidelines: All site improvements associated with the installation of any apparatus shall
comply with the American with Disabilities Act.
~, ,,,.,~~ ~ -~E ~_ . -=,~~,
SITE MEETING:
There will be a mandatory meeting on Thursday, January 6, 2000 at 1:00 PM. to review the scope
of work. If it is raining at this time the meeting will be rescheduled for another date, please call the
morning of the meeting to verify if meeting is rescheduled.
BUDGET:
The City's budget for this project :Memorial Park - 9100,000
The Contractor shall be selected based on meeting this budget and providing the most
desirable apparatus on the best schedule.
CONTRACT, BONDS AND INSURANCE:
The contractor shall be required to enter into a contract and supply a Faithful Performance, Labor and
Material Bond equal to the value of the work and prcx~f of insurance.
THE PROPOSAL:
The proposal should include the following:
1. A summary of qualifications and examples of rnlevant of your firm.
2. Names, qualifications and proposed responsibilities of individuals to be assigned to this project.
3. Proposed progress schedule.
4. Layout of proposed apparatus and cost for supplying and installing apparatus.
5. Three copies of the proposal.
If you have any questions please contact Bob Rizzo, Public Works Service Manager at (408) 777-
3350 or myself at (408) 777-3215.
Very truly yours,
City of Cupertino
Bert J. Viskovich
Director of Public Works
Carmen Lynaugh
Public Works Projects Manager