06-103, Ross Recreation Equipment
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CONTRACT FOR PUBLIC WORKS
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This CONTRACT made on November 1, 2006 by the CITY OF CUPERTINO, a
municipal corporation of the State of California, hereinafter called CITY, and Ross Recreation
Equipment hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of this contract and
the following contract documents incorportated herein by reference:
a. Request for Proposals (RFP) dated August 23,2006 attached
b. General Provisions attached
c. Proposal attached
d. Faithful Performance Bond and Payment Bond.
e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional
Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of
Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy
Cancellation Endorsement.
All of the above documents are incorporated into this contract by reference so that any work
called for in one and not mentioned in another, is to be executed the same as if mentioned in all of
said documents. The documents comprising the complete contract are sometimes hereinafter
referred to as the Contract Documents.
2. THE WORK. CONTRACTOR agrees to design and furnish all of the tools, equipment,
apparatus, facilities, labor, transportation and materials necessary to perform and complete in a
good and working order, the work of installing play apparatus at Jollyman Park, as called for, and
in the manner designated in, and in strict conformity with, the RFP and Proposal. It is understood
and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials
shall be furnished, and that said work shall be performed and completed as required in said RFP
and Proposal under the sole direction of CONTRACTOR, but subject to the inspection and
approval of CITY, or its representative.
CITY hereby designates as its representative for the purpose of this Contract the Bob Rizzo,
Assistant Director of Public Works.
3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full
payment for the work above agreed to be done, the sum of Seventy Three Thousand Nine
Hundred Forty Eight Dollars and Eighty Eight Cents ($73,948.88) subject to additions and/or
deductions as provided in the Contract Documents, per Exhibit A attached hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise
respecting the true value of the work done, or any work omitted, or any extra work which
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CONTRACTOR may be required to do, or respecting the size of any payment to
CONTRACTOR during the performance of this Contract, said dispute shall be determined either
by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if
applicable, or in accordance with the agreement of the parties, or in accordance with Section 6,
paragraph "f' of the General Provisions.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and easements for the construction 'of the project, give
all necessary notices, pay all fees required by law, and comply with the laws, ordinances and
regulations relating to the work and to the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper
facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops
wherein the work is in preparation. Where the Specifications require work to be specially tested
or approved, it shall not be tested or covered up without timely notice to CITY of its readiness
for inspection and without the approval thereof or consent thereto by CITY. Should any such
work be covered up without such notice, approval, or consent, it must, if required by CITY, be
uncovered for examination at CONTRACTOR'S expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time
during the progress of the work require any alterations, deviations, additions or omissions from
the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect
or make void the Contract, but the cost or value thereof will be added to, or deducted from, the
amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall
be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications,
or in accordance with the agreement of the parties. No extra work shall be performed or change
be made except by a written order from CITY, duly authorized by resolution of the City Council,
and by all agencies whose approval is required by law, stating that the extra work or change is
authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered.
8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the
right to make changes in this Contract during the course of construction to bring the completed
improvements into compliance with environmental requirements or standards established by State
and Federal statutes and regulations after the Contract has been awarded or entered into.
CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if
applicable, or in accordance with the agreement of the parties.
9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be
terminated, amended or modified, with the mutual consent of the parties. The compensation
payable, if any, for such termination, amendment or modification, shall be determined either by
reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with
the agreement of the parties.
10. TIME FOR COMPLETION. All work under this Contract shall be completed in
accordance with the Time for Completion section in the Proposal and the Contract Documents of
this project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or
its employees, or those under it by contract or otherwise, or by changes ordered in the work, or
by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any
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causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause
which CITY shall determine justifies the delay, then the time of completion shall be extended
accordingly. This paragraph does not exclude the recovery of damages for delay by either party
under other provisions in the Contract Documents. .
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY
a sufficient time in advance of the manufacture, production or testing of materials to be supplied
under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and
testing of same.
12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be
adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a
receiver should be appointed on account of insolvency, or if CONTRACTOR or any
subcontractor should violate any of the provisions of the Contract, CITY may selVe written notice
upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract.
Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless
within ten (10) days after serving of such notice, such violation shall cease and satisfactory
arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten
(10) days, cease and terminate. In the event of any such termination, CITY shall immediately
selVe notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall
have the right to take over and perform the Contract~ provided, however, that, if the surety within
fifteen (15) days after the serving upon it of notice of termination does not give CITY written
notice of its intention to take over and perform the Contract, or does not commence performance
thereof within thirty (30) days from the date of the serving of such notice, CITY may take over
the work and prosecute the same to completion by contract, or by any other method it may deem
advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR AND
CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY
thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize
in completing the wor~ such materials, appliances, plant and other property belonging to
CONTRACTOR as may be on the site of the work and necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to amounts which CITY may retain under other
provisions of these Contract Documents until final completion and acceptance of all work covered
by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or
amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or
subcontractors for labor and selVices rendered and materials furnished in and about the work.
City may apply such withheld amount or amounts to the payment of such claims in its discretion.
In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by
CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR,
and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such
payment may be made without prior judicial determination of the claim or claims. With respect to
any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will
be entitled to substitute securities as provided in Section 4590 of the California Government Code
as more fully described in CITY'S Notice to Contractors.
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14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under
this Contract shall be in writing, and shall be dated and signed either by the party giving such
notice, or by a duly authorized representative of such party. Any such notice shall not be effective
for any purpose whatsoever unless served in the following manner: ( a) if the notice is given to
CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the
United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300
TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is
given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to
CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same
in the United States mails enclosed in a sealed envelope, addressed to, 100 Brush Creek Road
#100, Santa Rosa, Ca 95404, postage prepaid and certified; and (c) if notice is given to
CONTRACTOR'S surety or any other person, either by personal delivery thereof to
CONTRACTOR'S surety or other person, or by depositing same in the United States mails,
enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may
be, at the address of CONTRACTOR'S surety or the address of the person last communicated by
such person to the party giving the notice, postage prepaid and certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor
moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior
written approval of CITY.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Contract Documents, any material or process is indicated or specified by patent or proprietary
name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless
CITY agrees in writing to some other material, process or article offered by CONTRACTOR
which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to
prove equality of any such material, process or article offered as a substitution to the one( s)
specified.
17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of
CONTRACTOR'S employees employed at the site of the project. In case any work is sublet,
CONTRACTOR shall require any and all subcontractors similarly to provide Worker's
Compensation and Employer's Liability Insurance for all of the latter's employees unless such
employees are covered by the protection afforded to the CONTRACTOR.
In signing this Contract. CONTRACTOR makes the following certification, required by Section
1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for worker's compensation or to undertake
self insurance in accordance with the provisions of the Labor Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection
of persons (including employees) and property. The safety provisions of applicable laws, building
codes and construction codes shall be observed. Machinery, equipment and other hazards shall be
guarded or eliminated in accordance with the safety provisions of the Construction and Safety
Orders issued by the Industrial Accident Commission of the State of California.
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19. CONTRACTOR'S RESPONSmlLITY FOR THE WORK. CONTRACTOR shall
not be responsible for the cost of repairing or restoring damage to the work caused by Acts of
God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item,
obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God.
"Acts of God" shall include only the following occurrences or conditions and effects: earthquakes
and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster
or state of emergency by the President of the United States or by the Governor of the State of
California, or were of a magnitude at the site of the work sufficient to have caused a proclamation
of disaster or state of emergency having occurred in a populated area. Subject to the foregoing,
CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability
for any loss or damage that may happen to said building, work, or equipment or any part thereof,
or in, on, or about the same during its construction and before acceptance.
20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the
first-class quality of all work and of all materials, apparatus and equipment used or installed by
CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this
Contract, unless a lesser quality is expressly authorized in the Plans and'Specifications, in which
event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as
performed by CONTRACTOR will conform with the Plans and Specifications or any written
authorized deviations therefrom. In case of any defect in the work, materials, apparatus or
equipment, whether latent or patent, revealed to CITY within one (1) year of the date of
acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such
defects without cost to CITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of
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~MicHELE WETCH ~
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NOTARY PUBLIC - CALIFORNIA Al
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to be the person(s1'whose name(g~re subscribed to the
within instrument and acknowledged to me that
he7@they executed the same in hi~their authorized
capacity(iea1', and that by hi~heir signature(&yon the
instrument the person(ey, or the entity upon behalf of
which the person(g) acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
o Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
o Other:
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Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - 0 Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
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RIGHT THUMBPRINT
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Signer Is Representing:
Signer Is Representing:
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@ 2006 National Notary Association' 9350 De Soto Ave., P.O. Box 2402' Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of
the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The
alternates chosen would be for any sites currently under construction or to be constructed in the
future.
IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and
year first hereinabove written.
CITY OF CUP RTINO:
CONTRACTOR:
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BY:pm~~
By:
Dave Knapp, City M
Attest:
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City Cl
Date: Ie;. - I '-I
City Clerk
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Notary acknowledgment is required. If a
corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
I.D. are required. If not a corporation .a
Social Security No. is required.
Social Security #
Federal Tax J.D. #
AP~~
City Attorney
Contractor's License No. 0k'0 is 2--
Project Name: JoUyman Park Play Apparatus
Contractor's Name & Address: Ross Recreation Equipment
100 Brush Creek Road #100
Santa Rosa, CA 95404
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Contract Amount: $73,948.88
Account Number: 110-8315-9100
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GENERAL PROVISIONS
1. ADOPTION OF STANDARD SPECIFICATIONS
By this reference, the Standard Specifications of the State of California, 'Department of
Transportation, dated July, 1992, (herein referred to as "Standard Specifications") is incorporated
and adopted as the Standard Specifications and shall apply together with the modifications
contained herein.
2. BEADING AND CITATIONS
The section and other headings and citations to the State Standard Specifications are
inserted solely as a matter of convenience and are not a part of the City's Standard Specifications.
3. DEFINITIONS OF TERMS
The definitions and terms outlined in Section 1 of the State Standard Specifications shall
apply with the following modifications:
1-1.10: "Contractor" means any person or persons, firm, partnership, corporation, or
combination thereof as defined in the Standard Specifications and in Section 7026 of the
California Business and professions Code. The term "Contractor" includes subcontractor
and specialty contractor.
1-1.13: "Department" means the City of Cupertino (hereinafter referred to as "City").
1-1.15: "Director" means the Director of Public Works or City Engineer, City of
Cupertino (hereinafter referred to as "Engineer").
1-1.18: "Engineer" means the Director of Public Works or City Engineer, City of
Cupertino, or appointed agent(s) (hereinafter referred to as "Engineer").
1-1.25: "Laboratory" means the City's approved testing laboratory.
1.1.32: "Proposal Form" means the form(s) provided by the City and provided in the
Special Provisions of the Project Specifications and upon which the City requires formal
bids be prepared and submitted for the work.
1-1.39: "State" means the City of Cupertino.
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4. PROSECUTION AND PROGRESS OF THE WORK
a. Hazardous Materials
If the presence of asbestos or hazardous substances is disclosed in the Bid or Contract
Documents, the Contractor, or the Contractor's designated subcontractor, shall be registered
pursuant to Section 6501.5 of the Labor Code and certified in accordance with subdivision (a) of
Section 7058.5 of the Business and Professions Code.
In the event the Contractor encounters on the site asbestos or a hazardous substance that
has not been disclosed in the Bid or Contract Documents, and the asbestos or hazardous
substance has not been rendered harmless, the Contractor may continue work in unaffected areas
reasonably believed to be safe, and shall immediately cease work on the area affected and report
the condition to the owner, or the owner's representative, or Engineer in writing.
b. Noise Control
Grading, construction and demolition activities shall be allowed to exceed the noise limits
of Section 10.48.040 of the Cupertino Municipal Code during daytime hours provided that the
equipment utilized has high quality noise mumer and abatement devices installed and in good
condition and the activity meets one of the following criteria:
1) No individual device produces a noise level more than eighty-seven (87) dBA at a
distance of twenty-five (25) feet from said device.
2) Noise levels created do not exceed seventy (80) dBA on any nearby property.
It is a violation of this chapter to engage in any grading, street construction or
underground utility work within seven hundred fifty (750) feet of a residential area on Saturdays,
Sundays, holidays and during the nighttime period except as provided in Section 10.48.030,
emergency exception. Grading, construction or demolition occurring during nighttime periods
shall not be allowed unless they meet the nighttime standards of Section 10.48.040, daytime and
nighttime maximum noise levels.
c. Progress of the Work
The Contractor shall begin work within fifteen (15) days after receiving notice that the
contract has been approved, or upon receipt of notice to proceed, and shall diligently and
continuously prosecute the same to completion within the number of working or calendar days as
shown in the Special Provisions.
d. Record Drawings
The Contractor, upon completion of this project shall furnish and submit a set of accurate
"Record Drawing" plans to the Department of Public Works. Five (5) sets of "Electrical
Schematics" of the traffic signal cabinet and service equipment enclosure shall be provided by
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d. Record Drawings (continued)
the Contractor on projects where traffic signals are constructed or modified in any way. These
plans shall show all contract change order work and all variations in the construction from the
plans provided to the Contractor by the City.
e. Right of Way
The right of way for the work to be constructed will be provided by the City. The
Contractor shall make arrangements and pay all expenses for additional area required outside of
the limits of right of way.
f. Suspension of the Contract
If, at any time, the City determines that the Contractor has failed to supply an adequate
working force or material of proper quality, has failed in any other respect to prosecute the work
with the diligence and force specified and. intended in and by the terms of the contract, or has
failed to comply with any of the terms of the State Public Contract Code, written notice to correct
any such deficiencies shall be served to the Contractor. Should the Contractor neglect or refuse
to provide means for a satisfactory compliance with the contract as directed by the Engineer,
within the time specified in such notice, the City shall have the power to suspend the operation of
the Contractor. Upon receiving notice of such suspension, the Contractor shall discontinue said
work, or such parts of it as the City may designate. Upon such suspension, the Contractor's
control shall terminate, and thereupon the City or its duly authorized representative may take
possession of all or any part of the Contractor's materials, tools, equipment and appliances upon
the premises, and use the same for the purpose of completing said contract. The City may employ
other parties to carry the contract to completion, employ the necessary works, hire equipment,
substitute other machinery and materials, purchase the materials for, and buy such additional
materials and supplies at the Contractor's expense as may be necessary for the proper conduct of
the work and for the completion of the contract.
The City may annul and cancel the contract and re-let the work or any part thereof. Any
excess of cost arising therefrom over and above the contract price will be charged against the
Contractor and the Contractor's sureties, who will be liable therefore. In the event of such
suspension, all money due the Contractor or retained under terms of this contract shall be
forfeited to the City. Such forfeiture will not release the Contractor or sureties from liability for
failure to fulfill the contract. The Contractor and the Contractor's sureties will be credited with
the amount of money so forfeited toward any excess of cost over and above the contract price,
arising from the suspension of the operations of the contract and the completion of the work by
the City as above provided, and the Contractor will be so credited with any surplus remaining
after all just claims for such completion have been paid.
In the determination of the question whether there has been any. such non-compliance with
the contract as to warrant suspension or annulment thereof, the decision of the City Council of the
City of Cupertino shall be binding on all parties to the contract.
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g. Time of Completion and Liquidated Damages
The work to be performed under this contract shall be completed in accordance with
Section B, paragraph 4c, above. It is agreed by the parties to the contract that in case all the
work called for under the contract, in all parts and requirements, is not finished or completed
within the number of days as set forth in the Special Provisions, damage will be sustained by the
City. It is further agreed that it is and will be impracticable and extremely difficult to ascertain
and determine the actual damage which the City will sustain in the event of or by reason of such
delay. It is therefore agreed that the Contractor will pay to the City, the sum set forth in the
. Special Provisions, per day for each and every day of delay in finishing the work in excess of the
number of days prescribed.
The Contractor agrees to pay said liquidated damages herein provided for, and further
agrees that the City may deduct the amount thereof from any moneys due or that may become due
to the Contractor under the contract. It is further agreed that in case the work called for under
the contract is not finished and completed in all parts and requirements within the number of days
specified, the Engineer shall have the right to increase the number of days or not, as may be
deemed in the best interest of the City. If the Engineer decides to increase the said number of
days, the City shall further have the right to charge to the Contractor, the Contractor's heirs,
assigns or sureties the actual cost of engineering, inspection, superintendence, and other overhead
expenses which are directly chargeable to the contract, and which accrue during the period of
such extension. The cost of final surveys and preparation of final estimate shall not be included in
such charges.
The Contractor will be granted an extension of time and will not be assessed with
liquidated damages or the cost of engineering and inspection for any portion of the delay in
completion of the work beyond the time named in the Special Provisions for the completion of the
work caused by acts of God or of the public enemy, fire, floods, tidal waves, earthquakes,
epidemics, quarantine restrictions, strikes, labor disputes, shortages of materials and freight
embargoes, provided that the Contractor shall notify the Engineer in writing of the causes of delay
within fifteen (15) days from the beginning of any such delay. The Engineer shall ascertain the
facts and the extent of the delay. The Engineer's findings thereon shall be final and conclusive.
No extension of time will be granted for a delay caused by a shortage of materials unless
the Contractor furnishes to the Engineer documentary proof that every effort has been made to
obtain such materials from all known sources within reasonable reach of the work in a diligent and
timely manner. Further proof in the form of supplementary progress schedules, as required in
Section 8-1.04 of the State Standard Specifications ("Progress Schedule"), that the inability to
obtain such materials when originally planned did in fact cause a delay in the final completion of
the entire work, which could not be compensated for by revising the sequence of the Contractor's
operations, shall be required. The term "shortage of materials", as used in this section, shall apply
only to materials, articles, parts or equipment which are standard items and are to be incorporated
in the work. The term "shortage of materials", shall not apply to materials, parts, articles or
equipment which are processed, made, constructed, fabricated or manufactured to meet the
specific requirements of the contract. Only the physical shortage of material will be
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g. Time of Completion and Liquidated Damages (continued)
considered under these provisions as a cause of extension of time. Delays in obtaining materials
due to priority in filling orders will not constitute a shortage of materials.
If the Contractor is delayed in completion of the work by reason of changes made under
Section 4-1.03 of the State Standard Specifications ("Changes"), or by failure of the City to
acquire or clear right of way, or by any act of the City, not contemplated by the contract, an
extension of time commensurate with the delay in completion of the work thus caused will be
granted and the Contractor shall be relieved from any claim for liquidated damages, or
engineering and inspection charges or other penalties for the period covered by such extension of
time.
The Contractor shall notify the Engineer in writing of the causes of delay within fifteen
(15) days from the beginning of any such delay in order to be relieved of said liquidated damages
or other penalties. The Engineer shall ascertain the facts and make findings regarding the extent
of delay. The Engineer's findings shall be final and conclusive. Except for additional
compensation provided for in Section 8-1.09 of the State Standard Specifications ("Right of Way
Delays"), and except as provided in Public Contract Code Section 7102, the Contractor shall have
no claim for damage or compensation for any delay or hindrance.
It is the intention of the above provisions that the Contractor shall not be relieved of
liability for liquidated damages or engineering and inspection charges for any period of delay in
completion of the work in excess of that expressly provided for in this section. [See Section 8-
1. 07. ]
5. CONTROL OF THE WORK
a. Authority to Deviate from the Approved Plans
In addition to the provisions of Section 5-1.03 of the State Standard Specifications,
deviations from the approved plans or specifications for the project must be authorized in writing
by the Engineer.
b. Dust Control
The Contractor shall, at all times during construction and until final completion and
acceptance, prevent the formation of an air-borne nuisance by watering with non-potable water,
or by other satisfactory method, as required by the Engineer. The Contractor shall treat the site
of the work in such a manner that will confine dust particles to the immediate surface of the work.
The Contractor shall perform such dust control measure within two (2) hours after notification
that the Engineer has determined that an air-borne dust nuisance exists. If the Contractor fails to
abate the nuisance within two (2) hours, the City of Cupertino may order that dust control
measures at the site be done by City personnel and equipment or by others, and all expenses
incurred in the performance of this work shall be charged to the Contractor and paid for by the
Contractor.
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c. Inspection
In addition to the provisions of Section 5-1.08 of the State Standard Specifications, the
Contractor shall provide to the Engineer, all information respecting the progress of the project.
The Contractor shall also furnish telephone service at all facilities servicing the project.
All work done by the Contractor shall be accomplished between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday, or as specified in the Special Provisions, unless
authorized in writing by the Engineer. Whenever the Contractor varies the period within the
authorized hours during which work is carried on each day, the Contractor shall give due notice
to the Engineer, so that proper inspection may be provided. Any work done in the absence of the
Engineer will be subject to rejection.
Inspection costs for any work done before 8:00 a.m. or after 5:00 p.m. on a regular
workday or on Saturdays, Sundays, or holidays shall be paid for by the Contractor at a rate of
thirty-five dollars ($35.00) per hour, or latest rate approved by the City Council, except where
such work is specifically required by the Special Provisions.
Projects financed in whole or in part with State funds shall be subject to inspection at all
times by the State Director of Public Works or the State agency involved. [See State Standard
Specifications Section 5-1.08.]
d. Monumentation
The Contractor shall properly guard, protect and preserve all street and highway
monuments, all property comer and property line monuments and all V.S.C. & G. S. monuments
in their proper places until their removal is authorized by the Engineer. Any monuments that have
been removed without proper authority shall be replaced at the Contractor's expense.
e. Samples and Tests
The source of supply of each of the materials to be used on the project shall be approved
by the Engineer before delivery is started and before such material is used in the work.
Representative preliminary samples of the character and quality prescribed shall be submitted by
the Contractor or producer of all materials to be used in the work for testing or examination as
desired by the Engineer.
The Contractor shall furnish such samples of materials as are requested by the Engineer,
without charge. No materials shall be used until it has been approved by the Engineer. Additional
samples may be secured and tested whenever necessary to determine quality of materials.
All tests of the materials furnished by the Contractor shall be made in accordance with
commonly recognized standards of national organizations, and such special methods and tests as
are prescribed in the Special Provisions.
12
fUtilities
It is the Contractor's responsibility to verify the location of all existing utilities. The
Contractor shall have all of the utilities, underground mains, and services that may conflict with
the project field located. The Contractor shall contact Underground Services Alert (U.S.A.)
forty-eight (48) hours in advance of any work at (800) 642-2444.
Due caution shall be exercised to insure that underground irrigation systems, electrical
systems, and other utilities on private property are not damaged during construction of the
project. During excavation, appropriate techniques shall be employed which safeguard all existing
utilities and underground facilities. Damage to such utilities and underground facilities shall be
repaired at the Contractor's expense if located by U.S.A. or shown on the plan or notified by
project manager.
g. Water for Construction
Water used in any way for the construction of the project shall be imported by the
Contractor and shall be non-potable water in tanks clearly marked as such unless specific
authorization to deviate has been granted by the Engineer. If authorized by the Engineer, the
Contractor may extract construction water from fire hydrants provided that the Contractor
obtains a meter from and purchases the water from the water utility that services the area in which
the construction work is located.
6. LEGAL RELATIONS AND RESPONSmILITIES TO THE PUBLIC
a. Contractor's Payments
Upon request by the City, the Contractor shall submit reasonable evidence that all
payrolls, materials, bills and other indebtedness connected with the work have been paid. If any
liens against the Contractor for labor or materials furnished hereunder remain unsatisfied after
final payment by the City, the Contractor agrees to pay the City all moneys that the City may be
compelled to pay in discharging such lien, including all costs and a reasonable attorney's fee.
b. Indemnity
Contractor shall indemnifY, hold harmless and assume the defense of, in any actions at law
or in equity, the City, its officers, employees, agents, and elective and appointive boards, from all
claims, losses, damage, including property damage, personal injury, including death, and liability
of every kind, nature and description, arising out of or in any way connected with the negligent
acts, errors or omissions, or the willful misconduct of the Contractor or any person directly or
indirectly employed by, or acting as agent for, Contractor, directly or indirectly related to the
provision of any professional services provided hereunder, but not including the sole or active
negligence, or the willful misconduct of the City. This indemnification shall extend to claims,
losses, damage, injury and liability for injuries occurring after the completion of the aforesaid
operations, arising from Contractor's work.
13
b. Indemnity (continued)
Submission of insurance certificates or submission of other proof of compliance with the
insurance requirements does not relieve the Contractor from liability under this indemnification
and hold harmless clause. The obligations of this indemnity clause shall apply whether or not such
insurance policies have been determined to be applicable to any of such damages or claims for
damages.
The City does not authorize the impennissible use of any patent or the reproduction of any
copyrighted material by the Contractor which exceeds "fair use" in the performance of this
contract. The Contractor is solely responsible for any such infringement.
The Contractor shall indemnify the City against and hold it harmless from any and all
losses, damage, costs, expenses, and attorney's fees suffered or incurred as a result of or in
connection with any claims or actions based upon infringement or alleged infringement of any
patent, copyright, or trade secret, and arising out of the use of the equipment or materials utilized
to perform under this contract or specified by or procured by the Contractor, or out of the
processes or actions employed by, or on behalf of, the Contractor in connection with the
performance of this contract.
The Contractor shall also indemnify the City against and hold it harmless from any and all
loss, damage, costs, expenses, and attorney's fees suffered or incurred on account of any breach
by the Contractor, or its employees, agents, or subcontractors, of the aforesaid obligations and
covenants, and any other provisions or covenant of this contract.
c. Insurance
Before Contractor performs any work at, or prepares or delivers materials to, the site of
construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance
coverages and such certificates shall provide the name and policy number of each carrier and
policy and that the insurance is in force and will not be canceled or modified without thirty (30)
days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages
in force until work under this contract is fully completed. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of the City by
Contractor under this contract and for the duration of the warranty period. Notwithstanding nor
diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain
in full force and effect during the life of this contract, the following insurance in amounts not less
than the amounts specified and having a Best's Guide Rating of A, Class vn or better or that is
otherwise acceptable to the City.
14
c. Insurance (continued)
Worker's Compensation & Employers In accordance with the Worker's
Liability . Compensation Act of the State of
California - Worker's Comp -
"statutory" per Ca Law; Employers'
Liability - $1.0 million per occurrence.
General Liability - commercial general Combined single limit of $1.0 million
liability; including provisions for per occurrence; $2.0 million in the
contractual liability , personal injury, aggregate.
independent contractors and products -
completed operations hazard.
Builder's all Risk. N / A Amount equal to 100% of the contract
price bid; $25,000 deductible is
allowed.
Automobile Liability - comprehensive Combined single limit of $1.0 million
covering owned, non-owned and hired per occurrence.
automobiles.
d. Labor Nondiscrimination
Attention is directed to the provisions of Section 7-1.01A(4) of the State Standard
Specifications, which apply. In addition, the Contractor shall comply with the recommended
minority and female employment practices of the Office of Federal Contract Compliance of the
United States Department of Labor as established for Santa Clara County.
e. Prevailing Wages
The Contractor shall keep fully informed of all existing and future State and Federal laws
and City ordinances and regulations which in any manner affect those engaged or employed in the
work. The Contractor shall conform to the provisions of Sections 7-1.0IA and 7-1.01B of the
Standard Specifications. Copies of the prevailing rate of per diem wages are on file at the office
of the Director of Public Works, City of Cupertino.
f. Responsibility for Damages
The City of Cupertino, the City Council, the Engineer or the Engineer's agents shall not be
answerable or accountable in any manner for any loss or damage that may happen to the work, or
any part thereof, any material or equipment used in performing the work, or for injury or damage
to any person or persons, either workers or the public, or for damage to adjoining property from
any cause whatsoever during the progress of the work or at any time before final acceptance.
f. Responsibility for Damages (continued)
15
The Contractor shall be responsible for any liability imposed by any law and for injuries to
. or death of any person including but not limited to workers and the public, or damage to property
resulting from defects or obstructions or from any cause whatsoever during the progress of the
work or at any time before its completion and final acceptance.
In addition to any remedy authorized by law, so much of the money due the Contractor
under and by virtue of the contract as shall be considered necessary by the City may be retained by
the City until disposition has been made of such suits or claims for damages as aforesaid. The
retention of money due the Contractor shall be subject to the following:
1. The City will give the Contractor thirty (30) days notice of its intention to retain funds
from any partial payment which may become due to the Contractor prior to acceptance of the
contract. Retention of funds from any payment made after acceptance of the contract may be
made without such prior notice to the Contractor.
2. No retention of additional amounts out of partial payments will be made if the amount
to be retained does not exceed the amount being withheld from partial payments pursuant to
Section 9-1.06 of the State Standard Specifications, ("Partial Payments").
3. If the City has retained funds and it is subsequently determined that the City is not
entitled to be indemnified and saved harmless by the Contractor in connection with the matter for
which such retention was made, the City shall be liable for interest on the amount retained at the
legal rate of interest for the period of such retention.
The City will consider proposals by the Contractor to enter into special arrangements,
such as posting securities or bonds acceptable to the City, in lieu of the retention of funds. Such
special arrangements shall be in writing, and approved by the surety on the performance bond and
by the surety on the payment bond.
No funds shall be retained where the Contractor establishes to the satisfaction of the City
that at the time of the accident or occurrence giving rise to a claim or lawsuit against the City or
its officers or employees, that the Contractor had in effect insurance of the type, form, and
amount as provided in Section B, paragraph 6c, above, ("Insurance"). [See State Standard
Specifications Section 7-1.12.]
g. Worker's Compensation and Unemployment Insurance
Prior to entering into the contract respecting this project, the bidder to whom the contract
is awarded shall furnish to the City satisfactory proof that the bidder has a policy of worker's
compensation and unemployment insurance for its employees, that conforms to the provisions of
Division 4, commencing with Section 3200, of the Labor Code or of the Unemployment
Insurance Code, in effect for the entire period covered by the proposed contract.
16
7. PROPOSAL AND AWARD OF CONTRACT
a. Competency of Bidders
All bidders are required to complete the "Bidder Qualification Form" as provided in the
proposal. Incomplete forms or lack of experience in the field of work being bid may be cause for
rejection of the proposal.
b. Contract Bonds
The Contractor shall furnish two (2) good and sufficient bonds. Each of the bonds shall
be executed in a sum equal to the contract price. The first bond shall guarantee the faithful
performance of the contract by the Contractor. The second bond shall be furnished as required by
the terms of Sections 3247 to 3252, inclusive, of the Civil Code of the State of California. The
Payment bond will be released six (6) months after the Notice of Completion, and the Faithful
Performance shall be reduced by ninety percent (90%) at the Notice of Completion. The
remaining ten percent (10%) will be released at the end of one (1) year from acceptance of the
project provided any deficiencies in the work have been corrected. [See State Standard
Specifications Section 3-1.02.]
c. Execution of Contract
The successful bidder, as Contractor, shall execute the contract set forth in the contract
documents and provide the contract bonds and insurance certificates required therein within eight
(8) days, not including Saturdays, Sundays, and legal holidays, after the bidder has received the
contract for execution. Failure to do so may result in annulment of award and forfeiture of the
proposal guarantee.
d. Payment
The City will make partial payments to the Contractor on the basis of a duly certified
estimate of the work performed and the materials incorporated in the project during the preceding
reporting period. The City utilizes a biweekly accounts payable cycle and issues checks on
Fridays. The actual dates of the payment schedule are available at the City's Accounting
Department.
The City will retain ten percent (10%) of the amount of each of said estimates until the
expiration of thirty-five (35) days from the date of recording by the City of the Notice of
Completion. At this time, and not before, the City shall pay the Contractor the whole of the
remaining ten percent (10%) of said contract price. The payment of progress payments by the
City shall not be construed as an absolute acceptance of the work done up to the time of such
payments, but the entire work is to be subjected to the inspection and approval of the City, and
subject to whatever inspection and approval may be required by law.
Pursuant to Section 4590 of the California Government Code, the Contractor will be
permitted, upon request and its sole expense, to substitute securities for any moneys withheld by
17
d. Payment (continued)
the City to ensure. performance under the contract. Said securities will be deposited either with
the City or with a state or federally chartered bank as escrow agent.
Securities eligible for this substitution are those listed in Section 16430 of the California
Government Code, bank or savings and loan. certificates of deposit, interest bearing demand
deposit accounts, standby letters of credit, or any other security mutually agreed to by the
Contractor and the City. A sample escrow agreement is included in Section 22300 of the Public
Contracts Code. The Contractor shall be the beneficial owner of any securities substituted for
moneys withheld and shall receive any interest thereon.
e. Proposal Forms
The City will furnish to each bidder a standard proposal form, which, when filled out and
executed may be submitted as the Contractor's bid. Bids not presented on forms so furnished will
be disregarded.
The proposal form is bound together with the Notice to Contractors, General Provisions,
Special Provisions, Bidder Qualification Form, Subcontractors Form and Signature Form. The
Contractor shall submit as a minimum, the Notice to Contractors, Proposal, Bidder Qualification
Form, Subcontractors Form and Signature Form. Bids containing less than this or bids containing
incomplete forms will be disregarded.
All proposals shall state the dates for completion, if required, the prices proposed, both in
writing and in figures and shall show a total, and shall be signed by the bidder, with the bidders
address. If proposals are made by an individual, name and post office address shall be shown. If
made by a firm or partnership, the name and post office address of each member of the firm or
partnership shall be shown. If made by a corporation, the proposal shall show the names, titles
and business address of the president, the secretary and treasurer and the proposal shall show the
corporate seal.
The proposal shall be submitted as directed in the "Notice to Contractors" under sealed
cover plainly marked as a proposal, and identifying the project to which the proposal relates and
the date of the bid opening therefor. Proposals not properly submitted may be disregarded.
Proposal forms may be obtained from the Public Works Department, City of Cupertino; 10300
Torre Avenue; Cupertino, CA 95014-3255 or by calling (408) 777-3354.
f. Proposal Guaranty
All proposals or bids shall be accomplished by cash, a cashier's check or certified check
payable to the order of the City of Cupertino, in the amount of ten percent (1 OO-fo) of the bid, or by
a bond in said amount payable to the City of Cupertino. Said bond shall be signed by the bidder
and a corporate surety, or by the bidder and two (2) sureties who shall justify before any officer
competent to administer an oath, in double said amount and over and above all statutory
exemptions. Said cash or check shall be forfeited or said bond shall become payable to the City
18
f Proposal Guaranty (continued)
in case the bidder depositing the same does not enter into a contract with the City within ten (10)
days after written notice that the Contractor has been awarded the contract.
g. Rejection of Proposals
Proposals may be rejected if they show any alternations of form, additions not called for,
conditional or alternative bids not called for, incomplete bids or erasures, or for irregularities of
any kind. Only the proposal forms prepared by the City shall be used. [See State Standard
Specifications Section 2-1.06.]
h. Subcontractors
The proposal shall contain the name and location of the place of business of any person or
persons, firm, partnership, corporation, or combination thereof who will perform work or labor or
render service to the prime contractor, except for those providing work or labor or rendering
service for wages only, in or about the construction of the work or improvement, or a
subcontractor licensed by the State of California who, under subcontract to the prime contractor,
specially fabricates and installs a portion of the work or improvement according to detailed
drawings contained in the plans and specifications, in an amount in excess of one-half of one
percent (0.5%) of the prime contractor's bid or, in case of bids or offers for the construction of
streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the prime
contractor's total bid or ten thousand dollars ($10,000) whichever is the greater. The proposal
shall list the portion of the work which will be done by each subcontractor for this project. The
prime contractor shall list only one (1) subcontractor for each portion as is defined by the prime
contractor in the prime contractor's bid.
19
INDEX
DESCRIPTION
ADOPTION OF STANDARD
SPECIF'I CA TI 0 NS....................................
APPROVED 5
AUTHORITY
TO
DEVIATE
FROM
THE
PLANS.............................
COMPETENCY
BIDDERS.... ...... ...................... ............. .... ..... ... ................
CONTRACT
DO NDS. .... ..... .............. ..... .... ........ ............... .............. .... ............
CONTRACTOR'S
P A Y"MENTS. ...... ..... ........ .... ......... .... .... .... ..... ............ ..........
CONTROL OF THE
W 0 RK..... ..... ..... ............. ........ .... ............... ...... ...........
DEFINmONS OF
TERMS..........................................................................
DUST
CONTROL...........................................................................................
EXECUTION OF
CONTRACT ......... ............. .......... ....... ..... .... ... ......... .... .... .....
HAZARDOUS
MA. TE'RIA.LS...... ...... .... ....... ..... ..... ... .... ..... ....... ........ .......... ......
HEADINGS AND
err A TI 0 NS....................................................................
IND E'MN"ITY ........ ..... ........ .... ................ ............. .......... ................... ..........
IN'SPECTI ON............. ..... .... .... ........ ............. .... ............................. ............
IN'SURANCE - PUBLIC LIABILITY AND PROPERTY
D AMA. GE........................
IN'SURANCE... WORKERS COMPENSATION AND
UNEMPLOyMENT..............
LABOR
NOND ISCRIMINA TI ON .....................................................................
20
PAGE(S)
1
OF
11
11
7
5-7
1
5
11
2
1
7,8
6
8,9
10
9
LEGAL RELATIONS AND RESPONSmILITIES TO mE PUBLIC
(Labor Code
6d)........................................................................................
MON'lJMENT A TI ON..................................................................................
NOISE
CONTROL..........................................................................................
PAYMENT.. ...... .... ..... ... ..... .... ....... ..... ..... ....... ......... ... ..... ..... ....... ..............
PREVAILING
WAGES.. ..... ....... ...... .... ..... ........ ..... ...... ...... .... ............ ......... ....
PROGRESS OF THE
W ORK..... ..... ..... ..... ... ...... .... ....... .......... ....... .... ...... ........
PROPOSAL AND AWARD OF
CONTRA. CT............................................
PROPOSAL
FORMS.......................................................................................
PROPOSAL
ell ARANTY .... .............. ... ..... .... .......... ........... .... ........ ..... .... ........
PROSECUTION AND PROGRESS OF THE
W 0 RK...............................
RECORD
DRAWINGS...... ...... ..... ..... ..... ...... ............. ... ................... ... .... ..... ....
REJECTION OF
PROPOSALS.........................................................................
RESPONsmlLITY FOR
D AMA. G ES... ..... ..... ...... ........... .... .... ..... ...... ...... ..........
RIGHT OF
WAy.... ..... .............. ..... ..... ........... ..... ... .... ........ ..... ..... .... ..... ... ......
SAMPLES AND
TESTS...................................................................................
SUBCONTRACTORS......... ..........................................................................
SUSPENSION OF THE
CONTRA CT .................................................................
TIME OF COMPLETION AND LIQUIDATED
D AMA. GES..................................
UTILITIES..... ........ .... ......... ........ ..... ....... ..... ........ ............... ... ...... .... .........
WATER FOR
CONSTRU CTION............................................................~.........
WORKERS COMPENSATION AND UNEMPLOYMENT
INSlJR.ANCE.................
21
7-10
6
2
11, 12
9
2
11-13
12
12,13
2-5
2,3
13
9,10
3
6
13
3
4-5
7
7
10
CUPEI\JINO
mSURANCEAGREEMENT
A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires
every employer to be insured against liability for worker's compensation or undertake self-
insurance in accordance with the provisions of that Code, and will comply with such provisions
before commencing the performance of the work of this Contract.
B. Contractor and all subcontractors will carry worker's compensation insurance for the
protection of its employees during the progress of the work. The insurer shall waive its rights of
subrogation against the City, the City's officers, agents and employees and shall issue an
endorsement to the policy evidencing same.
C. Contractor shall carry at all times, on all operations hereunder, commercial general liability
insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage
shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a
form prescribed by the City and shall be underwritten by insurance companies satisfactory to the
City for all operations, sub-contract work, contractual obligations, product or completed operations,
all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor,
excepting worker's compensation coverage, shall name the City, its engineer, and each of its
directors, officers, agents and employees, as determined by the City, as additional insureds on said
policies. Insurers must be licensed to do business in the State of California. The Insurers must also
have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the
current Best's Guide Rating or that is otherwise acceptable to the City.
D. Before Contractor performs any work at, or prepares or delivers materials to, the site of
construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance
coverages and such certificates shall provide the name and policy number of each carrier and policy
and that the insurance is in force and will not be canceled or modified without thirty (30) days
written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in
force until the work under this Contract is fully completed. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of the City by
Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor
diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in
full force and effect during the life of this Contract, the following insurance in amounts not less than
the amounts specified and having a Best's Guide Rating of A, Class vn or better or that is
otherwise acceptable to the City.
Worker's Compensation
& Employers' Liability
LIMITS
In accordance with the Worker's Compensation
Act of the State of California - Worker's comp -
"statutory" per CA Law; Employers' Liability -
$1,000,000 per occurrence.
Insunmce Agreement Page 1 of 2
By: &::cJ6
Date: . 1!!/jIO,"
General Liability - commercial general liability;
including provisions for contractual liability ,
personal injury, independent contractors and
products - completed operations hazard.
Automobile Liability - comprehensive covering
owned, non-owned and hired automobiles.
Consultants only: Errors and Omissions liability.
ROSS RECREATtON EQUIPMENT CO., INC.
100 BRUSH CREEK ROAD. SUITE 101
SANTA ROSA, CA 95404
(Contractor's Name)
Combined single limit of $1.0 million per
occurrence; $2.0 million in the aggregate.
Combined single limit of $1.0 million per
occurrence.
$1.0 million per occurrence.
200b
Insurance Agreement Page 2 of 2
From: Jasen Wong At: Suhr Risk Services FaxlD: 6503435941 To: Jonathan
Date: 11/1512006 11 :27 AM Page: 2 of 3
. .-
- DATE (MMlDDNYYY)
ACORD", CERTIFICA TE OF LIABILITY INSURANCE OP 10 l~
ROSSR-1. 1.1./1.5/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Suhr Risk Services- Bur1inqame ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Bur1inqame Branch HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1.338 Bayshore Hiqhway AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Bur1inqame CA 9401.0
Phone: 650-342-9535 Fax: 650-343-5941. INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A Admira1 Insurance Company
INSURER B Uniqard Insurance 25747
Ross Recreation Equipment INSURER C Nationa1 Liabi1ity & Fire
1.00 Brush Creek Road, Ste 1.01. INSURER D
Santa Rosa CA 95404
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
,"''''... ~~~ POLICY NUMBER DA';!~ (MMIDDNY) Pgk~'i:Y{MMlDDNY) LIMITS
LTR TYPE OF INSURANCE
GENERAL LIABILITY EACH OCCURRENCE $1.,000,000
-
A X COMMERCIAL GENERAL LIABILITY CAOOOOO1.470-08 1.0/1.5/06 1.0/1.5/07 ,=,~"'.':.IUKt:NIt:U $50,000
PREMISES (Ea occurence)
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000
PERSONAL & ADV INJURY $1.,000,000
-
GENERAL AGGREGATE $2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $1.,000,000
il n PRO- nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $1.,000,000
B X ANY AUTO PX81.0031. 1.0/1.5/06 1.0/1.5/07 (Ea accident)
-
ALL OWNED AUTOS BODIL Y INJURY
- $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODIL Y INJURY
- $
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(per accident)
GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONL Y AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
tJ OCCUR o CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X ITO~\t:~I'TS I IOTH-
ER
C EMPLOYERS' LIABILITY 01.00014814051 10/01/06 10/01/07 $1.,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $1.,000,000
If yes, describe under $1.,000,000
SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Certificate ho1der is named as additiona1 insured as per attached
endorsement fozm CG201.0. *1.0 days notice of cance11ation for non-payment of
premium. RE: Jo11yman Park P1ay Apparatus, Cupertino, CA Job#2661.3.
CITYCUP
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AU ZED RE~AT~ .
u-\\-
@ACORDCORPORATION 1988
CERTIFICATE HOLDER
City of Cupertino
Attn: Bob Rizzo
1.0555 Mary Avenue
Cupertino CA 9501.4
ACORD 25 (2001/08)
From: Jasen Wong At: Suhr Risk Services FaxlD: 6503435941 To: Jonathan
Date: 11/1512006 11 :27 AM Page: 3 of 3
Policy Number: CAOOOOO 1470-08
CG 20 10 07 04
Effective Date: 10/15/2006
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABlLITY COVERAGE PART
SCHEDULE
ANY ENTITY FOR WHOM YOU ARE PERFORMING
ONGOING OPERATIONS, BUT ONLY IF REQUIRED BY
WRITTEN CONTRACT PRIOR TO AN "OCCURRENCE" OR
LOSS.
A. Section n - Who Is An Insured is amended to
include .as an additional insured the persoll(s) or
organization(s) shown in the Schedule, butonly with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury" caused,
in whole or in part, by:
1. Yom acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for the
additional insured(s) at the 10cation(s) designated
above.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to nbo~ilYir1j1lT}'uor
"property dcu.nage" qcc~g ...a~~f':.i.; : .... ........ ..)
1. All work, including materials, parts or equipmfmt
furnished in connection with sllch work, on the
project (other than selVice, maintenance or
repairs) to be performed by or on behalf ofthe
additional insured( s) at the location of the
covered operations has been completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization other
than another contractor or subcontractor engaged
in performing operations for a principal as a part
of the same project.
CG 20100704
@ ISO Properties, Inc., 2004
Page 1 ofl
[J
I
CUPEIUINO
ADDmONAL INSURED ENDORSEMENT
and
ENDORSEMENT OF PRIMARY INSURANCE
and
NOTICE OF POLICY
CANCELLATION ENDORSEMENT
Project Title and Number:
,j o\\y,,^-o.n 'P,,-' ~ P\~'1 Appc:vo..+l.I$
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy
to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as
follows:
The City of Cupertino ("City") and its directors, officers, engineers, agents and employees,
and all public agencies from whom permits will be obtained and their directors, officers, engineers,
agents and employees are hereby declared to be additional insureds under the terms of this policy,
but only with respect to the operations of the Contractor at or upon any of the premises of the City
in connection with the Contract with the City, or acts or omissions of the additional insureds in
connection with, but limited to its general supervision or inspection of said operations.
The insurance afforded by this policy is primary insurance, and no additional insurance held
or owned by the designated additional insured(s) shall be called upon to cover a loss under said
additional policy.
Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided,
canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior
written notice by certified maiL return receipt requested, has been given to the City of Cupertino
("City"). Such notice shall be addressed to the City as indicated below.
POLICY INFORMATION
1. Insurance Company: ,k D M I AAv ftJ ~t,( 12A-~ ~~ c::A) lA fA I\l Y
2. Insurance Policy Number: CA 00000 ,l.f-1D-D& CGt"Ne-AA-L-- L.-~lt.-'T11)
3. Effective Date of this Endorsement: Oc..- TO &eJ<.. ts 2000
4. Insured: RD~~ rtee,RE",A"T\O,j E""o..uIPMf3~T
Additional Iosured and Primary Insuraoce and Notice of Cancellation EndOIsemeot Page 1 of 2
AU notices herein provided to be given by the Insurance Company to the City in connection
with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre
Avenue; Cupertino, California 95014.
1, YI C-rC>R\A CA:rJ~PA- (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature
hereon do so bind this Company. 0J .Q
Signature of Authorized Representative: l~ .~
(Original signature required on all Endorsements furnished to the . ct)
Names of
Agent/Agency: SUitt< ,;l.l~K Se1lVlc..~.c
Address: \93& f?AY~tto~~ H-I6ftWA'f
BV\RV\ ~~~ Ch ~ c.w' ()
,
Title: ~l.l.sr BX,EWT1 Vl?-
Telephone: 19SO - .:J~1- --Lt..f-~3
Facsimile: ~ - 3t+3- 5~4-1
Additional Insured and PrimaJy Insunmce and Notice of Cancellation Endorsement Page 2 of 2
:I,.......~
,-
CUPEIQ'INO
COMPREHENSIVE GENERAL LIABaITY
COMMERCIAL GENERAL LIAB~ITY
ENDORSEMENT OF AGGREGATE LIMITS OF
INSURANCE PER PROJECT
Project Title and Number:
Jo{ljM~r- pOor ~ Plo..~ A ppa.r"'t-v5
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as
follows:
This Endorsement modifies the insurance provided under the General Liability Coverage part of
the below-referenced policy of insurance.
The general aggregate limit under LIMITS OF INSURANCE applies separately to the project
described as St>u...'jMA,j P^Il~ PL-kY APP/\,RA-TlA<;.
POLICY INFORMATION
1. Insurance Company:
~D M \ IZA-L (IJ~CA RANGE" CoM PA-~'7'
2. Insurance Policy Number: CA 00000 l't 70-08
3. Effective Date of this Endorsement: OvTO B e ~ t S
4. Insured: RoSS Reca-e-kTlol\\ e-b-UH?M~rJT
20.fi:L
5. Additional Insured: City of Cupertino, its directors, officers, agents and employees.
All notices herein provided to be given by the Insurance Company to the City in connection
with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre
Avenue; Cupertino, California 95014.
I, Vt vTbRlA CAN~PA (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representative:0(J~ f),~
(Original signature required on all Endorsements furnished to the District)
Names of
AgentJAgency: ~UH-~ tz\~ SE1Z" tC€'-S
Address: l?~& eAYS~O<<,e Hlbt'tW,AY
BlAJZ.....' t..h.4A-Me I CA 0L1Ol0
Title: ACc.oU~T J;xe:cunv&
Telephone: ~ ...0i}.7- t 4-53
Facsimile: ~S"O -3q~ - ~94'
Aggregate Limits Endotsement Page 1 of 1
......
'if'
CUPEIQINO
WAIVER OF SUBROGATION ENDORSEMENT
WORKER'S COMPENSATION INSURANCE
. Project Title and Number: .J 0 tI;j MtW1 PWlG PI '" '1 P. pp N?J. tvs
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or any other Endorsement attaChed thereto, it is agreed
as follows:
It is agreed that witb respect to such insurance as is afforded by the policy, the Insurance
Company waives any right of subrogation against the City of Cupertino~ and each of its directors,
officers, agents, consultants and employees by reason of any payment made on account of injury,
including death resulting therefrom, sustained by any employee of the insured, arising out of the
performance of the above-referenced Contract.
POLICY INFORMATION
1. Insurance Company: t.JA"\~t.JAt..- L.\k~\l-liJ' g FrRE7,tJSU.ekNce ~.
2. Insurance Policy Number: 0 I 000 14 g\ 4 Db t
3. Effective Date of this Endorsement: ~TOB~rz \~
4. Insured: Ft () S~ ~ ~ ~ Tt 1) IJ e- 9.lA \ P Nt e~,
20 Db
All notices herein provided to be given by the Insurance Company to the City in connection
with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre
Avenue; Cupertino, California 95014.
I, V I VT\) lZ' -* CkN 6" P Pc- (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representative:~ tf51t'1iI r1. &~
(Original sign~re required on all Endorsements furnished to the Dist' )
Names of
Agent/Agency: 5'(,.01 JZ ~ lS K & \71Z \II c..-l1:S
Address: /.~~ & BA11S t+OrlE tft fittWfr'1
f?u~u ~.kV\~ r tAr- f1L(otO
Title: A<XDu ~T ~e-UAT1 Vt?
Telephone: ~- a~7 - , 4-53
Facsimile: 050 - ~ 5~ 4- ,
subrogation Endorsement Page 1 of 1
FAITBFULPERFORMANCEBOND
Bond Number K07322884
Premium $1,849.00
KNOW ALL MEN BY THESE PRESENT~
mAT WE, Ross Recreation Equipment Company, Inc. as
Principal, (contractor' s name)
and Westchester Fi re Insurance Company as
Surety, (bondingcompany~ s name)
are held and firmly bound unto the City of Cupeltino, State of California, in the sum of
*Seventy-Three Thousand, Nine Hundred Forty-Eiqht Dollars & 88/100* lawfUl
money of the United States, for the payment of which will and truly to be made, we bind ourselves,
our heirs, executors, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION ofthe foregoing obligation is such that,
WHEREAS, the Principal has entered into a contract with the City dated
November 1 _20~ with the obligee to do and perform the following work to-wit:
Jollyman Park Playground Apparatus Replacement Proiect
NOW, THEREFORE, if the said principal shall well and truly perform the work contracted
to be performed under said contract, then this obligation shall be void; otherwise to remain in full
force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety
this 30th day of November . 2006 .
(To b~ signed by Principal and Surety, Notary acknowledgment required)
CONTRACTOR
Ross Recreation Equipment Company. Inc.
Principal
Westchester Fire Insurance Company
Surety
Street Address: 2076 County Line' Road, #209
City, State, Zip Hunti ngdon Valley, PA 19006
') /l
By: ~~1 ~
Erin Russell, Attorney-In-Fact
The above bond is accepted and approved this _day of
.20_,
Faithful Performance Bond Page 1 of 1
PAYMENT BOND
Bond Number K07322884
Premium: Included
KNOW ALL l\.ffiN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
Ross Recreation Equipment Company, Inc.
hereinafter designated as "Principal" have entered into or are about to enter into a contract
providing for the installation, construction, and erection by Principal of
Jollyman Park Playground Apparatus Replacement Project
more particularly described in said contract; and incorporated herein by reference.
WHEREAS, said principal is required to furnish a bond in connection with said contract,
providing that if said Principal, or any. of his or its subcontractors, shall fail to pay for materials,
provisions, provender or other supplies or teams used in, upo~ for or about the performance of
work contracted to be done, or for any worle or labor done thereon of any kind, the Surety on said
bond, shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, WE, Ross Recreat ion Equ i oment Company, I nCas Principal,
(contractor' s name)
and Westchester Fire Insurance Company as Surety,
(bonding company' s name)
firmly bind ow'selves, our executors, administrators, successors and assigns, jointly and severally,
unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations
furnishing materials,. provisions, provender or other supplies used in, upon, for or about the
performance of the aforesaid work contracted to be executed or performed under the contract
hereinabove mentioned, and incorporated herein by reference, and all persons, companies or
corporations lending or hiring teams, implements or machinery, for or contributing to said work to
be done, and all persons who perform work or labor upon the same, and all persons who supply
both work and materials, whose claim has not been paid by Principal or by any other person, in the
just and full sum of *Seventy- Three Thousand. Ni ne Hundred Forty-E i ght Dollars and 88/100*
THE CONDITION OF TIDS OBLIGATION IS SUCH lHAT if said principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any
materials, provisions, provender or other supplies or teams used in, upon, for or about the
performance of the work contracted to be done, or for any work or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and
all damages arising under the original contract, then said Surety will pay the same and also will pay
in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Payment Bond Page 1 of 2
And the said Surety, for value received, hereby stipulates, and agrees that no change,
extension of time, alteration or addition to the tenns of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety
this 30th day of November. 20 06.
(To be signed by Principal and Surety. Notary acknowledgments required.)
CONTRACTOR
Ross Recreation Equipment Company, Inc.
Co~
Westchester Fire Insurance Company
Surety
Street Address: 2076 County Line Road, #209
City, State, Zip Huntingdon Valley, PA 19006
/}. /1 ...
Vi ~
By: t~1 If} ;j)/~l k: ...
Eri n Russe If.Afr.tomey-In- act
The above bond is accepted and approved this _day of
,20_.
Payment Bond Page 2 of 2
STATE OF CALIFORNIA
]
COUNTY OF SACRAMENTO
On 1(,,30 -Oeo
, before me, SANDRA R. BLACK, NOTARY PUBLIC
(here insert name and title of the officer)
personally appeared ERIN RUSSELL
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
}--""- -- ~....... ...........-'1:0.. _ __ __ .- __ ...... .-
ogSANDRA R. BLACKL
COMM. , 1484 ~
~ · NOTARY P~BUC-cAU~RNIA G)
~ SACRAMENTO COUNTY 0
,~ "- COMM. EXP. APRIL 18 2008 ool
~ ---- --- .... --,.,.. --- --- -- --- ~~
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
~ ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERV ATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
WESTCHESTER FIRE INSURANCE COMPANY
SIGNER(S) OTHER THAN NAMED ABOVE
ID-1232 (REV. 10/06)
AL~PURPOSEACKNOWLEDGEMENT