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97-023 Ross Recreation Equipment for Creekside Park and Portal ParkE. CONTRACT FOR PUBLIC WORKS This CONTRACT made on 4,r,04 zz,, Iqq-4, 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 the following contract documents: a. RFP and the proposal. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for Creekside Park Playground Improvements d. Faithful Performance Bond and Materials Bond. 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. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, 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. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to 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 supplying and installing playgournd improvements, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the ROSS and adopted by CITY, and which Plans and Specifications are identified by the signatures of the parties to this Contract. 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 Plans and Specifications 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 Engineer, Mr. Bert J. Viskovich. Contract Page 1 of 16 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 $98,784.00 (Minty Eight Thousand Seven Hundred and Eighty Four Dollars), 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 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'T ' 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 Plans and Specifications or 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. Contract Page 2 of 16 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 Specifications 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 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 serve 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 serve 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 work, 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 the Specifications 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 Contract Page 3 of 16 in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services 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. 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 parry 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, 555 5th Street Suite 210, Santa Rosa, CA 95401, 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 Specifications, 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 Contract Page 4 of 16 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. 19. CONTRACTOR'S RESPONSIBILITY 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 erects: 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. Contract Page 5 of 16 21. DEFERRED ALTERNATE SELECTION. P.O. No. 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 UPERTINO: By: Directo of Public Works Attest: City Cler Date: _ 0 3 , 192 �Z City Clerk CONTRACTOR: ROSS RECREATION EQUIPMENT CO. 555 FIFTH STREET, STE. 210 SANTA ROSA, CA 95401 By: , CONTRACT MINISTRAIVOR 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 # 68-0103540 Federal Tax I.D. # APPROVED AS TO FORM: Contractor's License No City Attorney Project Name & Number: Creekside Park Improvements, Project No. 96-9208 Contractor's Name & Address: Contract Amount: $98,784.00 Account Number: 122-9208-953 File No: 92,061 ROSS Recreation Equipment 555 5th Street, Suite 210 Santa Rosa, CA 95401 Contract Page 6 of 16 520752 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CAL I FORN I A County of SONOMA On MARCH 19, 1997 before me, CHERYL GRIGGS, NOTARY PUBLIC , DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared DEBRA VAN STIGT NAME(S) OF SIGNER(S) ❑ 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 ac- knowledged 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. CHERYL GRIGGS Commission # 1110741 Z d� g Notary Public — Callfomia ♦ '" Sonoma Coun't iIGNATURE OF N ARY ^a � --•�. Erpir^-s Sep 9.20b0 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 ® INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ROSS RECREATION EQUIPMENT CO. DESCRIPTION OF ATTACHED DOCUMENT CONTRACT FOR PUBLIC WORKS TITLE OR TYPE OF DOCUMENT 16 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIAI ION - 8236 Remrnel Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4, 5 AND 6, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Primary Insurance - must be signed by the insurance agent for general liability and automobile liability only. 4. Additional insured endorsement - must be signed by the insurance agent for general liability and automobile liability only. 5. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 6. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. 7. Notice of policy cancellation endorsement - must be signed by the insurance agent or must be on the company's certificate of insurance form for all insurances. Contract Page 7 of 16 INSURANCE AGREEMENT 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 or comprehensive 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. 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 issued by a company admitted in California and having a Best's Guide Rating of A, Class VII or better. Worker's Compensation Liability In accordance with the Worker's Compensation Act of the State of California - $1,000,000 per occurrence. Contract Page 8 of 16 Public Liability - either commercial general liability Combined single limit of $1.0 million per or comprehensive general liability; including occurrence; $2.0 million in the aggregate. provisions for contractual liability, personal injury, independent contractors and property damage coverages. Automobile Liability - comprehensive covering owned, non -owned and hired automobiles. Consultants only: Errors and Omissions liability � ,GJ r BYl (Contractor's Name Dated: .2 19CII-7 By: Combined single limit of $1.0 million per occurrence. $1.0 million per occurrence. Contract Page 9 of 16 City of Cupertino CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. (Insured: ROSS RECREATION EQUIPMENT lAddress:—­55-5--7-thSTREET STE. 210 SANTA ROSA CA 955401 Description of operations/locations/products insured (show contract name and/or number, if any): WORKER'S COMPENSATION * Statutory Min. $1,000,000. * Employer's GOLDEN EAGLE Liability (name of insurer) Insurance Company's State License No. Check Policy Type: Each Occurrence $ 1,000,000. 00 COMPREHENSIVE GENERAL LIABILITY [ X] Premises/Operations General Aggregate $ 2, 000, 000.00 (if applicable) [ ] Owners & Contractors Protective Aggregate $ 2,000,000.00 [ ] Contractual for Specific Contract Personal Injury $ i nnn nnn nn [ ] Products Liability , , [ ] XCU Hazards [ ] Broad Form P.D. Fire Damage (any one fire) $ 100, 000.00 [ ] Severability of Interest Clause [ ] Personal Injury with Medical Expense $ 5,000.00 Employee Exclusion Removed (any one person) or Self -Insured COMMERCIAL GENERAL LIABILITY Retention $ Policy No. CLS 373214 (name of insurer) Contract Page 10 of 16 Expiration Date 10/15/97 04-15-1-1'D' F18: 07RM FRCIM TO 1707E:234548 P. 02 PUBLIC WORKS i APR 1 9 1997 1 i LIABUM tectal Form Liability Coverage I�rmers /hsur�c� o �/O j (na= ofimter) /,61SS2 9 4,/' 2S- No. / VSs z 9"(L2- / e- Lt 0,,) "(z_2 /LL/O,,) Bo Duly INJURY Iraeh persaa ,2, 250, 006 GML per EC Cbmbimd Single Limit Expiration Date 912-L97 6089-3179 Eazh Agent $ q-:57oD, 00 6 S AL copy ofall Endoneraxe'rAs to tho paWm) which in aay way s isritW) limit the abova-listed types of cave s = at#adeti to this Certificate of 1=uranca. `ibis Certificate of bi"a= is wt an issSw== policy ud d= not umentL extend or alter the crage Zorded by the policies fisted herehi. NutvA*sUM1ng any regi gmwa, ftrm, or lition of any =*ag or any other dcsmmot wM mTed to which d3b Catficke of hura wa may be wed or may pcttain, the insurat .aided by the polite domed hers is 'sulxject to an the temvk acknim and omwitions of such PQV=. IS IMMY the above policy(ies) provide HaNl y Gua a as reguked by Dated: Certiftuo ofDuum= and Addhk=1 tnsnred Rndorsment on company res. CM= Page 11 of 16 — &Cityvof Cupertino ENDORSEME NT OF PRIMARYINSURANCE 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 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. POLICY INFORMATION 1. Insurance Company: SCOTTSDALE INSURANCE COMPANY 2. Insurance Policy Number: CLS- 373214 3. Effective Date of this Endorsement: OCTOBER 15 , 19 97 4. Insured: ROSS RECREATION EQUIPMENT All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, GALEN HAYES (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: e/� (Original signature required on all En orsements furnished t the District) Name of Agent/Agency: HAYES INSURANCE AGENCY Address: ,.. APPIAN W►. PINOLE CA 94564 Contract Page 12 of 16 Title: OWNER Telephone: ,I n _ 92 q ti43 1', Facsimile: 510 222 6162 ADDITIONAL INSURED ENDORSEMENT 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. POLICY INFORMATION Insurance Company: SCOTTSDALE INSURANCE COMPANY 2. Insurance Policy Number: CLS 373214 3. Effective Date of this Endorsement: OCTOBER 15, 1997 4. Insured: ROSS RECREATION EQUIPMENT All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, GALEN HAYES (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. 11 Signature of Authorized Representative: (Original signature required on all Endorsements flirn'islidd M tV District) Names of Agent/Agency: HAYES INSURANCE AGENCY Title: OWNER/BROKER Address: 2644 APPIAN WAY, STE. 205 PINOLE CA 94564 Contract Page 13 of 16 Telephone:510 222 8643 Facsimile: 0 city Cup ertino COMPREHENSIVE i1 COMMERCIALit ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT 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: 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 CREEKSIDE PARK POLICY INFORMATION Insurance Company: SCOTTSDALE INSURANCE COMPANY 2. Insurance Policy Number: CLS 373214 3. Effective Date of this Endorsement: OCTOBER 15, 4. Insured: ROSS RECREATION EQUIPMENT 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. 19 97 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, GALEN HAYES (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: 74, 'D, (Original signature required on all En ors ents furnis led o th District) Names of Agent/Agency: Address: HAYES INSURANCE GENCY Title: OWNER/BROKER 2644 APPIAN WAY, STE. 205 Telephone: PINOLE CA 94564 Facsimile: Contract Page 14 of 16 NOTICE OF POLICY CANCELLATION ENDORSEMENT 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: 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: SCOTTSDALE INSURANCE COMPANY 2. Insurance Policy Number: CLS 373214 3. Effective Date of this Endorsement: OCTOBER 15, 4. Insured: ROS RECREATION EQUIPMENT 1997 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, GALEN HAYES (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. I 1 Signature of Authorized Representative:��QF (Original signature required on all Endorsements fu Names of Agent/Agency: HAYES INSURANCE AGENCY Address: 2644 APPIAN WAY, STE. 205 Contract Page 16 of 16 the District) Title: OWNER Telephone: 510222 8643 Facsimile: • R*Z teaeolioe e"ip W February 18, 1997 Mr. Derek McKee Beals Landscape Architecture 2 North Market, 5th Floor San Jose, CA 95113 Re: CREEKSIDE PARK: Playground Improvements Dear Derek, E)(HMITA t POLI f, I Following up on our recent conversations, and your fax to me dated 2/12/97, I am enclosing revised costs for the play equipment and surfacing. at Creekside Park that reflects. 1.) Landscape Structures 1997 Pricing: on an installed cost basis, new. prices shown increased from 1996 by 3S9/o, or $2,669. 2.) Wood Fiber: wood fiber surfacing costs shown increased $2,277 because of your request for 16" of material (versus 14" originally requested). The 16" of wood fiber will quickly compact to 14". 3.) Additional Signage: (per your request of 2/12/97). Please contact me if I can answer any questions or provide you with additional information. Sincerely, P Ewing Philbin Owner/General Manager .EP:jo Wes 16-10tbn 1994"M CIL, lac.. &W am 555 5% Seen, Saha 110. Soata face, (A IMI - "T 526AM 6 797 MAI • Soi4teaais Lim oSM52 tRO �ecreatron equ'rpmeat CREEKSIDE PARK Playground Improvements Revised 2/18/97 School Fitness Tot Lot Age Area Cluster #1060453A #1060453B #10604538 Furnish New Equipment (Includes Tax & Freight) $13,184.00 $47,883.00 $1,342.00 Install New Equipment Furnish & Instar Wood Fiber & Sand Totals Custom Signage (Installed) Both Areas TOTAL.COST $3,420.00 $11,280.00 $385.00 $6,905.00 $12,110.00 $910.00 $23,509.00 $71,273.00 $2,637.00 Qa'G Z Total $15,085.00 $19,925.00 $97,419.00 $1,365.00 $98,784.00 Ross R., Aao Eq*ft t Co. by. • mei+ orff SSS sit $I". Supe 2)0, 5ar0a b%u 95491 . 707 52 AND i ft 707 526.0312 0 ("MMS UmM A20757 E City of, CupC111110 May 12, 1997 Ross Recreation Equipment 555 -5th Street, Suite 210 Santa Rosa, California 95401 CONTRACT FOR PUBLIC WORKS City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK Enclosed is a contract by and between the City of Cupertino and Ross Recreation Equipment,which has been fully executed by city officials. If you have any questions or need additional information, please contact the Department of Public Works. Sincerely, C! S KIMBERLY SMITH CMC CITY CLERK KS/cs Enclosure cc: Department of Public Works Printed on Recycled Paper E. CONTRACT FOR PUBLIC WORKS This CONTRACT made on AM, ,r, i C70 � � by the CITY OF CUPERTINO, a municipal corporation of the S to oaf talifornia, 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 the following contract documents: a. RFP and the proposal for Portal Park Option "A". b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for Creekside Park Playground Improvements d. Faithful Performance Bond and Materials 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. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, 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. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to 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 supplying and installing playgournd improvements, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the ROSS and adopted by CITY, and which Plans and Specifications are identified by the signatures of the parties to this Contract. 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 Plans and Specifications 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 Engineer, Mr. Bert J. Viskovich. Contract Page 1 of 16 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 $49,991.00 (Fourty Nine Thousand, Nine Hundred and Ninty One Dollars), 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 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 Plans and Specifications or 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. Contract Page 2 of 16 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 Specifications 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 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 parry 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 serve 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 serve 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 work, 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 the Specifications 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 Contract Page 3 of 16 in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services 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 maybe 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. 14. NOTICE AND SERVICE THEREOF. Any notice from one parry 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, 555 5th Street Suite 210, Santa Rosa, CA 95401, 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 Specifications, 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 Contract Page 4 of 16 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. 19. CONTRACTOR'S RESPONSIBILITY 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. Contract Page 5 of 16 P.O. No. 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. CI7 Attest: City Cler Date: 1A , 19V City Clerk APPROVED AS TO FO City A orney CONTRACTOR: ROSS RECREATION EQUIPMENT CO. 555 FIFTH STREET, STE. 210 SANTA ROAS, CA 95401 By: CONTRACT DMINISTRATO 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 # 68-0103540 Federal Tax I.D. # Contractor's License No. 520752 Project Name & Number: Portal Park, Option "A" Contractor's Name & Address: Contract Amount: $49,991.00 ROSS Recreation Equipment 555 5th Street, Suite 210 Santa Rosa, CA 95401 Account Number: 124 _ R 10 & -+55 File No: 92,009.01 Contract Page 6 of 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SONOMA On 5-5-97 DATE before me, CHERYL GRIGGS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared DEBRA J VAN STTGT NAME(S) OF SIGNER(S) ❑ 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 ac- knowledged 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. CHERYL GRIGGS WITNESS my hand and official seal. Commission # 1110741 -® Notary Public — C011forn10 Sonoma Coun" ( .2 * ^ r - nm. 6:plres Sep 9, 20b0 V SIGNATURE OF NOTAFlyj 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CONTRACT FOR PUBLIC WORKS TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4, 5 AND 6, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Primary Insurance - must be signed by the insurance agent for general liability and automobile liability only. 4. Additional insured endorsement - must be signed by the insurance agent for general liability and automobile liability only. 5. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 6. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. 7. Notice of policy cancellation endorsement - must be signed by the insurance agent or must be on the company's certificate of insurance form for all insurances. Contract Page 7 of 16 INSURANCE AGREEMENT 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 or comprehensive 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. 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 issued by a company admitted in California and having a Best's Guide Rating of A., Class VII or better. Worker's Compensation Liability In accordance with the Worker's Compensation Act of the State of California - $1,000,000 per occurrence. Contract Page 8 of 16 Public Liability -either commercial general liability Combined single limit of $1.0 million per or comprehensive general liability; including occurrence; $2.0 million in the aggregate. provisions for contractual liability, personal injury, independent contractors and property damage coverages. Automobile Liability - comprehensive covering owned, non -owned and hired automobiles. Consultants only: Errors and Omissions liability ROSS RECREATION EQUIPMENT CO.By: (Contractor's Name) Dated: 4/24 1997 Combined single limit of $1.0 million per occurrence. $1.0 million per occurrence. affi,li-U-, �E DEBRA J. VAN STIGT Contract Page 9 of 16 04/.10/97 12:35 ROSS RECREATION -+ 707 573 0313 NO.942 903 c of 1t3r Cupertino CERTIFICATE OF INSURANCE 1 THE CM OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: Ross Recreati nn Equipm nt Co Address: 555 5th Street, Suite 210 Santa Rosa, CA 95401 Description of operations/locations/products insured (show contract name and/or number, if any): CREEKSIDE PARK PLAYGROUND EQUIPMENT and PO tai Park RP•All Californ'a Ot��ratinns nPrtaininr_r__ to the above insured involving The Citv of Cupertino. WORKER'S COMPENSATION * Statutory Min. * Employer's Golden Eagle Ins. Co. Liability (name of insurer) $ 1,000,000 $ $ 1 - nnn.- nnn Insurance Company's State License No. Check Policy Type: COMPREHENSIVE GENERAL LIABILITY [ ] Premises/Operations ( ] Owners & Contractors Protective [ ] Contractual for Specific Contract [ ] Products Liability [ ] XCU Hazards [ ] Broad Form P.D. [ ] Severability of Interest Clause [ ] Personal Injury with Employee Exclusion Removed or COMMERCIAL GENERAL LIABILITY Each Occurrence $ General Aggregate $ (if applicable) Aggregate $, Personal 14jury $ Fire Damage (anyone. fire) $ Medical Expense (any one person) Self-insured Retention (name of insurer) Policy No. Rwpimtion Date Contract Page 10 of 16 12:36 ROSS RECREATION -* 707 573 0313 AUTOMOTIVE/VEMCLE LIAB1= DAMAGE Commercial Form Liability Coverage (name of insurer) Policy No. (agent's initial) BODILY INJURY Each Person Each Accident Combined Single Limit Expiration bate N0.842 904 PROPERTY Each Accident or A copy of all Endorsements to the policy(ies) which in any way Emit the above -listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or atter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate o Insurance may be issued or may pertain, the insurance afforded by the policies described herein is. subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured. By: Dated: 1922 Attach Certificate of Insurance and Additional Insured Endorsement on company forms_ Contract Page 11 of 16 RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 NO FEE IN ACCORDANCE WITH GOV CODE 0103 DOCUMENT: 14180812 111111111111111111111111I BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City 0Z Titles:1 / Pages: 3 Fees....* No Fees Taxes... Copies.. AMT PAID RDE # 009 5/12/1998 2:46 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION CREEKSIDE PARK IMPROVEMENTS (Playground equipment only) PROJECT NO. 96-9208 ORIGINAL ��City of Cupertiuo City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408)777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION N-1 NOTICE OF ACCEPTANCE OF COMPLETION CREEKSIDE PARK IMPROVEMENTS (Playground equipment only) PROJECT NO. 96-9208 NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements hereinafter described, the contract for doing which was entered into by and between the City of Cupertino and Ross Recreation Equipment on April 22, 1997, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance is made as of May 4, 1998. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. Date: May 7, 1998 C Dir ctor Af Public Works and Ci Engineer df the City of Cupertino Printed on Recycled Paper VERIFICATION I have reviewed this Certificate of Completion and to the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 4th day of May 1998 at Cupertino, California. Administrative C erk City of Cupertino RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 too FSS 114 PICOO QD5- 6103 GO DOCUMENT: 13795258 111111111111111111111111 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City Titles:l / Pages: Fees....+ No Fees Taxes... Copies.. AMT PAID RDE # 004 7/30/1997 3:09 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CERTIFICATE OF COMPLETION & NOTICE OF ACCEPTANCE OF COMPLETION PORTAL PARK, OPTION "A" 3 SEPARATE PAGE PURSUANT TO GOVT. CODE 27316.6 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 (408)777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION PORTAL PARK OPTION "A" NOTICE IS HEREBY GIVEN THAT, I Bert J. Viskovich, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements hereinafter described, the contract for doing which was entered into by and between the CITY OF CUPERTINO and ROSS RECREATION EQUIPMENT on May 8, 1997, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance is made as of July 17, 1997. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. Date: July 17, 1997 Printed on Recycled Paper Lel VERIFICATION I have reviewed this Certificate of Completion and to the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 28th day of July, 1997, at Cupertino, California. Deputy City Clerk City of Cupertino