CITY OF
a
PUBLIC WORKS CONTRACT
CUPERTINO
1. PARTIES
This public works contract ("Contract") is made by and between the City of Cupertino ("City"), and Ross Recreation Equipment, Inc. a Corporation -~--------("Contractor") for Playground Equipment Replacement Project 2021-02 and is effective on the last date signed below ("Effective Date").
2. SCOPE OF WORK
Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID 19.
3. TIME FOR COMPLETION
3.1 Term. This Contract begins on the Effective Date and ends on September 30, 2024 ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. The Director of Public Works may authorize the extension of the Contract Time by up to sixty (60) calendar days through a written amendment to this Agreement, provided such extension does not include additional contract funds.
3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time.
3.3 Liquidated damages of $500 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities, and extended disruption to the public.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed$ 283,873.50 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, Public Works Project: 2021-02 Playground Equipment Replacement Project Page I of 12
Attachment B
supplies, equipment, taxes, insurance, bonds, and all overhead costs.
4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the undisputed amounts billed within thirty (30) days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within sixty (60) days of City's acceptance of the Work as complete.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits.
5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law, and have procured a City Business License, if required by the Cupertino Municipal Code. Contractor shall possess a California Contractor's License in good standing for the following classification(s): A, C61, D48 , which must remain valid for
the entire Contract Time.
5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Work under this Contract.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Public Works Project: 2021-02 Playground Equipment Replacement Project
Agreement, or to promptly remint to City any payments due by the City as a result of such determination , so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made .
6. CHANGE ORDERS
Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date.
7. ASSIGNMENTS; SUCCESSORS
Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors, and permitted assigns.
8. PUBLICITY / SIGNS
Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) year thereafter must credit City contributions to the Project. The words "City of Cupertino" must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements, and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.
9. SUBCONTRACTORS
9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 10% of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request.
9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under the Public Contract Code. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within fifteen (15) days after City accepts the Work if the Contract involves work by subcontractors.
10. RECORDS AND DAILY REPORTS
10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed, the number of Public Works Project: 2021-02 Playground Equipment Replacement Project
workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance.
City will have ownership of the reports, but Contractor will be permitted to retain copies.
10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HV AC systems; utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation.
10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records, and maintained for four (4) years from the date of City's final payment.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("lndemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, stop notices, actions, causes of action, demands, charges, losses and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and
(d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Contract.
11.3 Contractor's duties under this entire Section 11 are not limited to Contract Price, Workers' Compensation, or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.
11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction.
Public Works Project: 2021-02 Playground Equipment Replacement Project
11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
11.6 This Section 11 shall survive termination of the Contract.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance at Contractor's expense, deducting the costs from Contractor's compensation, or terminating the Contract.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract.
Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Reform and Control Act
13.2 Labor Laws.
(a) The following provisions apply to contracts of $1,000 or more:
(i) In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations ("DIR") to all workers employed on this project. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations.
The work performed pursuant to this Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (ii) Registration. Contractor and all subcontractors shall not engage in the performance of any work under this Contract unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subcontractors as required, to the City.
Public Works Project: 2021-02 Playground Equipment Replacement Project
(iii) Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR.
(iv) Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law. (v) Report on Prevailing Rate of Wages. The City has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the City of Cupertino City Hall, and shall be made available to any interested party upon request. (vi) Employment of Apprentices. Contractor's attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices .by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director oflndustrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. (vii) Penalties. Contractor's attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor's and subcontractors' failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor's or subcontractors' failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations.
(b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of$ 500 per worker for each day of violation.
(c) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the work of this contract."
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5.
Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.
Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision .
Public Works Project: 2021-02 Playground Equipment Replacement Project
13.4 Conflicts of Interest. Contractor , its employees , subcontractors , servants and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations . No officer, official, employee , consultant , or other agent of the City ("City Representative ") may have, maintain , or acquire a "financial interest" in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor , its employees, subcontractors , servants, and agents warrant they are not employees of City nor do they have any relationship with City officials, officers, or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments , requiring reimbursement , or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification.
14. BONDS
For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price , using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M.
Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven (7) calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted.
15. UTILITIES. TRENCHING. AND EXCAVATION
15.1 Contractor must call the Underground Service Alert ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City's Service Center must be called at (408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract.
15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing , and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance , Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor ; and Public Works Project: 2021-02 Playground Equipmen t Replacement Project
(c) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work.
15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in depth , Contractor must submit a detailed plan for City approval, per Labor Code Section 6705, prior to commencing work. The plan must show the design of shoring, bracing, sloping , and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders . If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer.
16. URBAN RUNOFF MANAGEMENT
16.1 All Work must fully comply with federal, state, and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters, and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains , and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to, the following requirements:
(a) Install storm drain inlet protection devices such as sand bag barriers , filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site;
(b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers;
(c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water off site in lawful manner; (cl) After breaking old pavement, remove debris to avoid contact withrainfall/runoff; (e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed . Clean up any leaks , drips , and other spills as they occur.
16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor ' s failure to comply with this Section will result in the issuance of noncompliance notices , citations , Work stop orders and regulatory fines .
Public Works Project: 2021-02 Playground Equipment Replacement Project
17. PROJECT COORDINATION
City Project Manager. City assigns Evelyn Moran as
the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns David Ruggles David Ruggles as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City.
18. ABANDONMENT AND TERMINATION
18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing, the time spent in closing out the Work will be compensated up to ten percent (10%) of the total time expended in performing the Work.
18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work.
18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay, abridge or bar City's right under this Section.
19. GOVERNING LAW. VENUE AND DISPUTE RESOLUTION
This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, et seq., incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact.
20. ATTORNEYFEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration , appeal , or other proceedings to enforce its rights or a judgment in connection with this Contract , the prevailing party will be entitled to reasonable attorney fees and costs.
Public Works Project: 2021-02 Playground Equipment Replacement Project
21. SIGNS/ ADVERTISEMENT
No signs may be displayed on or about City 's property , except signage which is required by law or by the Contract , without City' s prior written approval as to size, design and location.
22. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Contract.
23. WAIVER
Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach.
24. WARRANTY
Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials . All Work, materials and equipment should pass to City free of claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City's acceptance of the Work as complete ("Warranty Period"), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance.
25. ENTIRE CONTRACT
This Contract and the attachments, documents , and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. Ifthere is any inconsistency between any term, clause, or provision of the main Contract and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Contract shall prevail and be controlling.
26. SEVERABILITY IP ARTIAL INVALIDITY
If a court finds any term or provision of this Contract to be illegal, invalid, or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect.
27. SURVIVAL
The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all provisions regarding warranties, indemnities, payment obligations , insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract ends.
Public Works Project: 2021-02 Playground Equipment Replacement Project
28. INSERTED PROVISIONS
Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions .
29. CAPTIONS
The captions , titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose .
30. COUNTERPARTS
This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document.
31. NOTICES
All notices, requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery service, on the fifth (5th) calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:
To City of Cupertino:
10185 N. Stelling Rd, Cupertino CA 9501,
Attention: cc: Representative/Coordinator
Copy to: Evelyn Moran
Email: [email protected]
32. EXECUTION
To Contractor:
Ross Recreation Equipment, Inc.
100 Brush Creek Road, #206, Santa Rosa, CA, 95404
Attention: cc: Representative/Coordinator
Copy to: Heather Hailey
Email: [email protected]
The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation , signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313.
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[SIONA TURE PAGE TO FOLLOW]
Public Works Project: 2021-02 Playground Equipment Replacement Project
IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written.
CITY OF CUPERTINO,
a Municipal Corporation
By:
Title: City Manager
Signature Date: __________ _
APPROVED AS TO FORM:
By:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
By:
KIRSTEN SQUARCIA, City Clerk
Date: ----------
CONTRACTOR
Ross Recreation Equipment, Inc.
100 Brush Creek Road, #206, Santa Rose
H~ t-t,,,1/,,_,,
By: •~..7
---------------
Title: Contract Administrator
Signature Date: _J_u_n _15_,_2_02_3 ______ _
Public Works Project: 2021-02 Playground Equipment Replacement Project
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l.ANOSCAPESTRU::!Uf!ES,IHC.
tolllllS!IICOSOl.l™-P.0.to:1'11111
DEUIID,WINN!3ll~ :!M21
l'!t 1-1100-32a-OOJ5 r.u: 1-16J-,n-t1»1
1169246-01-0.3
1169246-01-02
1169246-01-01
Ross Recreation Representative
Alex Hailey [email protected] m
National
Purchasing
Partners
Government
ALL PURCHASE OR DERS , CON TRACTS, AND
CHECKS TO BE MAD E OU T TO:
npp
Prepared For:
Bill To Name
Bill To
Quote Number
PS21070
Cupert ino, City of
10555 Mary Ave
Cupertino , California 95014
United States
00039900
Opportunity Name Creekside Upper Playgro und
Quote Name Creeks ide Upper Playg round
Ross Recreation Equipment, Inc.
100 Brush Creek Road, #20 6
Santa Rosa, CA. 95404
707.538. 3800 - [email protected]
Ship To Name
Ship To
Quote Date
Quote Exp Date
Est Lead Time
Creekside Park
10455 Miller Ave
Cupe rtino, Californ ia
United States
5/15/2023
6/15/2023
Check with Sales Rep
Quantity Product Product Description Sales Price Total Price
1.00 Rentals
1.00 Demolition
1.00 Site Work
1.00 PlayBooster ,
5-12
500 linear feet of temporary construction fencing
Removal and haul away of existing PlayBooster structure and swings . *Footings will remain in place except where in conflict with new post footings.
New concrete ADA transition ramp from sidewalk into EWF , estimated at 4' x 6' Landscape Structures PlayBooster , ages 5-12 . Design #1169246-01-04 Installation of Landscape Structures design #1169246-01-04 by a manufacture r certified installer .
*Project DIR# needed for State Prevailing Wage projects . *Installation price quoted for favorable working conditions. If rock , poor soil conditions , a high water table and/or other unforeseen site conditions exist requiring additional Install - Play 1.00 materials and labor , additional charges may be incurred . Equipment Engineered
1.00 Wood Fiber
1.00 Install -
Wood Fiber
1.00 Bond
*Installation quoted includes standard manufacturer provided footing details . If different footing details are provided by the owner/specifier , a change order will be required. *Installation quoted includes installing footings through native soil or 95% compacted base rock. If installing through concrete , asphalt or through less compacted or permeable base or drain rock, or in other conditions, please provide additional details and a change order may be required.
Fibar engineered wood fiber safety surfacing materials , approximately 4" of top off material for play area . If additiona l depth is determined to be needed , a change order can be provided .
Blow in installation of 4" of engineered wood fiber for play area footprint. Install site must be with in 250' feet of semi-truck access or additi onal cha rges may apply.
Payment & Performance Bonds
Surfac e America Poured -In-Place Rubber surfacing material s:
I - Square Footage : 648 sqft (per takeoff of playground drawing + bevel into wood chips) ; - Thickness: 1-3/4" (per 4' CFH of play equi pment)
! - Binder: Aliphatic
; - Color: 50% Color & 50% Black speckled mix
Surface *Rubb er surfacing will follow the contour of the sub- base and will be 1.75" thick 1 ·00-'-Amefiea-l'IP throughout the area.
000 39900 $283,873. 50
$3,192.00 $3,192.00
$9 ,334.00 $9,334.00
$2 ,000.00 $2 ,000 .00
$149,665 .00 $149,665 .00
$52 ,383 .00 $52 ,383.00
$4 ,398.00 $4,398.00
$6,136.00 $6 ,136.00
$8 ,268 .11 $8,268 .11
597.00 -----
Ross Recreation Representative
Alex Hailey [email protected]
I Rubber
I
Install -
1.00 Rubber
Surfacing
1.00 Security
1.00 Site Work
NPP Ross
1 ·00 Discount
Credit Terms
Notes to Customer
I *Any change to color, thickness , square footage or binder type will require a change I order.
I *Pricing does not include sub-base materials.
*Thicknesses quoted to meet industry standards for ASTM testing of 1000 HIC/200 1 GMax.
Installation of Surface America Poured-in-Place rubber surfacing for 648sf square feet at a 1-3/4" thickness by a manufacturer certified installer. Price does not include sub-base preparation , drainage , design work or inspections. *Thicknesses installed to meet industry standards for ASTM testing of 1000 HIC/200 GMax.
Customer is declining security ; a security opt out waiver will be required.
Supply and installation of 648sf of compacted base rock (10.25") to prepare for new PIP rubber in We-Go-Swing area. Base to be beveled into wood fiber.
NPP Contract Discount on Materials: Please Provide Customer NPP # Net 30 On Materials Shipment Materials Amount
Tax Amount
Labor Amount
Freight Amount
Total
$8,135.00 $8,135.00
$0.00 $0.00
$7,776.00 $7,776.00
-$11,212.22 -$11,212.22
$151,447.78
$13,819.61
$97,224.11
$21,382.00
$283,873 .50
SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE ORDER ONLY UPON APPROVAL BY ROSS RECREATION EQUIPMENT, INC. CUSTOMER RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL.
New Section
Signature _____________ _
Name _______________ _
Title _______________ _
Date _______________ _
00039900
Note to Customer Thank you for the opportunity to quote your upcoming project. PLEASE NOTE: Quote does
not include engineering calculations, security,
storage, permits , inspection or safety surfacing ,
unless otherwise noted. Unless noted, freight
costs are based on semi-truck access and do not
include a lift-gate . Your purchase is subject to
$283,873.50
the terms and conditions of this quote. Approval
of this quote agrees to those terms . Sales tax will
be based on the current rate at the time of
shipping, not the order date. Customer will be
expected to cover these , or any changes, to
sales taxes.
If ordering materials after the quoted expiration
date, please contact your sales representative
for current pricing . Due to material cost
increases and a fluid pricing environment , Ross
Recreation cannot hold pricing past the stated
Expiration Date on this quote. To secure current
pricing, Ross Recreation will require the
following :
- PO, signed quote or contract with approval for
the order.
- Deposit if required by credit terms.
Ross Recreation Representative
Alex Hailey
00039900
alexh@rossrec .com
$283 ,873.50
- Color selections and/or approved submittals .
- Acceptance of delivery when materials or
equipment is ready to ship. Products cannot be
held nor stored.
Ross Recreation will provide labor using a
subcontractor for all installation and labor
quoted . Neither Ross Recreation, nor our
subcontractors. are signatory to any unions;
however, compliance with prevailing wage rate
requirements will occur. If union enrollment is
required by our subcontractor for completion of
this project. Ross Recreation will require a
Change Order to cover the costs of a per project
enrollment and additional wage/benefit
requirements.
ROSSREC-01 VRYAN
ACORD " CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/DD/YYYY)
~ 6/13/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER 2~~!~cT Victoria Ryan
Proco Insurance Services rt8,N~o, Ext): (408) 510-5440 I FAX 910 E Hamilton Ave (A/C, No):(415) 382-0676
#410 i~cfJ~ss: [email protected]
Campbell, CA 95008 INSURER/SI AFFORDING COVERAGE NAIC#
INSURER A ,Associated Industries Insurance Company, Inc. 23140 INSURED INSURER B: General Casualtv Companv of Wisconsin 24414 Ross Recreation Equipment Company, Inc. INSURERC ,Oak River Insurance Companv 34630 100 Brush Creek Road, Ste 206 INSURERD:
Santa Rosa, CA 95404 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER- REVISION NUMBER ·
THIS IS TO CERTIFY THAT 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 \NHICH THIS
CERTIFICATE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS TD •••en "n,n ""'/DnNYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - ~ CLAIMS-MADE [K] OCCUR ~~~t~lJ9E~~~~r?encel 50,000 X X AES1029524 04 10/1/2022 10/1/2023 $ MED EXP /Anv one oerson\ $ -
PERSONAL & ADV INJURY $ 1,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ POLICY [K] ~r8-f D Loc PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: Poli Aggregat $ 5,000,000
B AUTOMOBILE LIABILITY rE~~~b~~~1f1NGLE LIMIT $ 1,000,000 X ANY AUTO X X BCA000407003 10/1/2022 10/1/2023 BODILY INJURY /Per oerson\ $ - OWNED - SCHEDULED AUTOS ONLY AUTOS BODILY INJURY /Per accident\ $ - -HIRED ~8f&v;.r~Jr.~ 1P~9~2c~dii1?AMAGE $ - AUTOS ONLY - $
A UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 2,000,000
-
EXA 1055294 04 10/1/2022 10/1/2023 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I X I RETENTION$ 0 Aggregate $ 2,000,000
C WORKERS COMPENSATION X I ~\%uTE I I OTH-
AND EMPLOYERS' LIABILITY ER
Y/N X ROWC330091 10/1/2022 10/1/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L DISEASE - EA EMPLOYEE $ If yes, describe under
DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Creekside Park
City of Cupertino are named as additional insured on general liablity and auto coverages per attached endorsement. Waiver of subrogation applies per attached forms.
Cancellation terms will follow the policy terms and conditions
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
10555 Mary Ave
Cupertino, CA 95014
AUTHORIZED REPRESENTATIVE
I HI JI&'
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION . All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: AES1029524 04 COMMERCIAL GENERAL LIABILITY CG 20 10 0413
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 LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations
All persons or organizations where required by All locations contract with the Named Insured
Information reauired to comolete this Schedule if not shown above will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your 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 location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"Property damage" occurring after:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
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.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
CG 2010 0413 © Insurance SeNices Office, Inc., 2012
This page intentionally left blank
POLICY NUMBER: AES1029524 04 COMMERCIAL GENERAL LIABILITY CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or
Organization(s) Location And Description Of Completed Operations All persons or organizations where written contract All locations with the Named Insured requires additional insured
completed operations coverage
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
8. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
CG 20 37 0413 © Insurance Services Office, Inc., 2012 age 1 of 1 POLICY NUMBER: AES10295 24 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations .
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:
We waive any right of recovery we may have against the
person or organization shown in the Schedule above
because of payments we make for injury or damage
arising out of your ongoing operations or "your work"
done under a contract with that person or organization
and included in the "products-completed operations
hazard". This waiver applies only to the person or
organization shown in the Schedule above.
CG 2404 05 09 © Insurance Services Office , Inc., 2008 Page 1 of 1 POLICY NUMBER: AES10295 24 COMMERCIAL GENERAL LIABILITY CG 20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: BCA000407003 COMMERCIAL AUTO
AH CA 85 90 09 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CHANGES IN COMMERCIAL AUTO COVERAGE FORM
This endorsement modifies insurance prrn,;ded under the following:
BUSINESS AUTO COVERAGE FORM
A. BROADENED WHO IS AN INSURED
Paragraph A.1. Who lsan Insured of SECTION II
- LIABILITY COVERAGE is amended to include
the following:
d. Any "employee" of yours is an "insured"
while using a cowred "auto" you don't
own, hire or borrow in your business or
your personal affairs.
e. Any "employee" of yours is an "insured"
while using an "auto" hired or rented under
a contract or agreement in that "employ
ee's" name, with your permission, while
performing duties related to the conduct of
your business.
f. Each person or Organization to whom you
are required by a written contract or
agreement to pro"1de additional insured
status is an "insured" under Liability Cov
erage, but only to the extent that person or
organization qualifies as an "insured" un
der the Who is an Insured Pro"1sion con
tained in Section II of the cowrage form.
The written contract or agreement must be
in effect during the policy period shown in
the Declarations and must haw been exe
cuted prior to the "bodily injury" or "proper
ty damage."
B. LIABILITY COVERAGE EXTENSIONS SUPPLE
MENTARY PAYMENTS
Paragraphs A.2.a. (2) and A.2.a. (4) Coverage
Extensions - Supplementary Payments of
SECTION II - LIABILITY COVERAGE are deleted
and replaced with the following:
(2) Up to $5,000 for the cost of bail bonds
(including bonds for related traffic law
"1olations) required because of an "ac
cident" we cowr. We do not haw to
furnish these bonds.
(4) All reasonable expenses incurred by
the "insured" at our request, including
actual loss of earnings up to $500 a
day because of time off from work.
C. FELLOW EMPLOYEE COVERAGE
Paragraph B.5. Fellow Employee Exclusion con
tained in SECTION II - LIABILITY COVERAGE
does not apply if the "bodily injury" results from the
use of a cowred "auto" you own or hire that is not
a bus, motorcycle or van used to transport em
ployees.
This Fellow Employee Cowrage is excess owr any
other collectible insurance.
D. POLLUTION LIABILITY - BROADENED COV
ERAGE FOR COVERED AUTOS
1. Liability Coverage is changed as follows:
a. Paragraph B.11.a. of the Pollution Exclu
sion in SECTION II - LIABILITY COV
ERAGE applies only to liability assumed
under a contract or agreement.
b. With respect to the cowrage afforded by
Paragraph 1.a. Abow, Exclusion B.6.
Care, Custody or Control of SECTION II
LIABILITY does not apply.
2. Changes in Definitions
For the purposes of this endorsement, Para
graph D. of SECTION V - DEFINITIONS is
replaced by the following:
D. "Cowred pollution cost or expense" means
any cost or expense arising out of
1. Any request, demand, order or statuto
ry or regulatory requirement that any
"insured" or others test for, monitor,
clean up, remow, contain, treat, de
toxify or neutralize, or in any way re
spond to, or assess the effects of "pol
lutants"; or
AH CA 85 90 0917
Includes copyrighted material of Insurance Ser\nces Office, Inc., with its permission. Page 1 of 6
2. Any claim or "suit" by or on behalf of a
gowrnmental authority for damages be
cause of testing for, monitoring, cleaning
up, removing, containing, treating, detoxify
ing or neutralizing, or in any way respond
ing to or assessing the effects of "pollu
tants" .
"Cowred pollution cost or expense" does not
include any cost or expense arising out of the
actual, alleged or threatened discharge, dis
persal, seepage, migration, release or escape
of "pollutants":
a. Before the "pollutants" or any property
in which the "pollutants" are contained
are mowd from the place where they
are accepted by the "insured" for
mowment into or onto the cowred
"auto"; or
b. After the "pollutants" or any property in
which the "pollutants" are contained
are mowd from the cowred "auto" to
the place where they are finally deliv
ered, disposed of or abandoned by the
"insured".
Paragraphs a. and b. abow do not apply
to "accidents" that occur away from prem
ises owned by or rented to an "insured"
with respect to "pollutants" not in or upon
a cowred "auto" if:
(1) The "pollutants" or any property in
which the "pollutants" are con
tained are upset, owrtumed or
damaged as a result of the
maintenance or use of a cowred
"auto"; and
(2) The discharge, dispersal, seep
age, migration, release or escape
of the "pollutants" is caused di
rectly by such upset, owrtum or
damage.
This Pollution Liability Cowrage is subject to an
Annual Aggregate Limit of Liability of $100,000.
E. NEWLY ACQUIRED OR FORMED
ORGANIZATIONS
Throughout this policy, the words you and your al
so refer to any organization you newly acquire or
form, other than a partnership, joint wnture or lim
ited liability company, and owr which you maintain
ownership or majority interest, but only if there is
no similar insurance available to that organization.
Howewr:
1. The cowrage does not apply to an "accident"
which occurred before you acquired or formed
the organization .
2. Unless you notify us to add cowrage to your
policy, the cowrage under this provision is af
forded only until:
a. The 120th day after you acquire or form the
organization, or
b. The end of the policy period, whichewr is
earlier.
F. EXTENDED TOWING
Paragraph A.2. Towing of SECTION Ill - PHYS
ICAL DAMAGE COVERAGE is deleted and re
placed with the following:
We will pay for towing and labor costs each time a
cowred "auto" is disabled. All labor must be per
formed at the place of disablement. If the "auto" is
of the private passenger type, there will be no de
ductible. If the "auto" is other than a private pas
senger type, a $100 deductible will apply.
The most we will pay under this EXTENDED TOW
ING cowrage is $750 per occurrence.
G. PHYSICAL DAMAGE COVERAGE
EXTENSIONS
Paragraph A.4. - Coverage Extensions of SEC
TION Ill - PHYSICAL DAMAGE COVERAGE is
amended as follows:
a. Transportation Expenses
The amount we will pay for temporary
transportation expense is increased to $50
per day to a maximum of $3,000.
b. Loss of Use Expenses
The amount we will pay for loss of use is
increased to $75 per day and to a maxi
mum limit of $1,000.
H. RENTAL REIMBURSEMENT
1. This cowrage applies only to a cowred "auto"
described or designated in the Schedule or in
the Declarations as carrying physical damage
cowrage.
2. We will pay for rental reimbursement expenses
incurred by you for the rental of an "auto" be
cause of "loss" to a cowred "auto". Payment
applies in addition to the otherwise applicable
amount of cowrage you haw on each cowred
"auto".
3. We will pay only for those expenses incurred
during the policy period beginning 24 hours af
ter the "loss" and ending, regardless of the pol
icy's expiration, with the lesser of the following
number of days:
.__ _______________ Incl udes copydg te aterial of Insurance Sen.1ces Office .!rl£:....... __ _
a. The number of days reasonably required to
repair or replace the covered "auto". If
"loss" is caused by theft, this number of
days is added to the number of days it
takes to locate the covered "auto" and re
turn it to you; or
b. 30 days.
4. Our payment is limited to the lesser of the fol
lowing amounts:
a. Necessary and actual expenses incurred;
or
b. $50 per day
5. This coverage does not apply while there are
spare or reserve "autos" available to you for
your operations.
6. If "loss" results from the total theft of a covered
"auto" of the private passenger type, we will
pay under this coverage only that amount of
your rental reimbursement expenses which is
not already provided for under the paragraph
A.4. Coverage Extensions in SECTION Ill -
PHYSICAL DAMAGE COVERAGE.
No Deductible applies to this coverage.
I. AIRBAG COVERAGE
Exclusion B.3. in SECTION Ill - PHYSICAL
DAMAGE COVERAGE is amended to add:
This exclusion does not apply to the accidental
discharge of an airbag.
J. AUDIO, VISUAL AND DATA ELECTRONIC
EQUIPMENT
1. Coverage
a. We will pay with respect to a covered "au
to" described in the Schedule for "loss" to
any electronic equipment that receives or
transmits audio, visual or data signals and
that is not designed solely for the repro
duction of sound. This coverage applies
only if the equipment is permanently in
stalled in the covered "auto" at the time of
the "loss" or the equipment is removable
from a housing unit which is permanently
installed in the covered "auto" at the time
of the "loss", and such equipment is de
signed to be solely operated by use of the
power from the "auto's" electrical system,
in or upon the covered "auto".
b. We will pay with respect to a covered "au
to" described in the Schedule for "loss" to
any accessories used with the electronic
equipment described in Paragraph 1.a.
above. However, this does not include
tapes, records or discs.
2. Exclusions
The exclusions that apply to SECTION Ill -
PHYSICAL DAMAGE, except for the exclusion
relating to Audio, Visual and Data Electronic
Equipment, also apply to coverage provided by
this endorsement. In addition, the following ex
clusions apply:
We will not pay, under this endorsement, for
either any electronic equipment or accessories
used with such electronic equipment that is:
a. Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system; or
b. Both:
(1 ). An integral part of the same unit hous
ing any sound reproducing equipment
designed solely for the reproduction of
sound if the sound reproducing equip
ment is permanently installed in the
covered "auto"; and
(2). Permanently installed in the opening of
the dash or console normally used by
the manufacturer for the installation of
a radio.
3. Limit Of Insurance
With respect to coverage under this endorse
ment, the Limit Of Insurance provision of
SECTION Ill - PHYSICAL DAMAGE COV
ERAGE is replaced by the following:
a. The most we will pay for all "loss" to audio,
visual or data electronic equipment and
any accessories used with this equipment
as a result of any one "accident" is the
lesser of:
(1). The actual cash value of the damaged
or stolen property as of the time of the
"loss";
(2). The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality; or
(3). $1,500.
b. An adjustment for depreciation and physi
cal condition will be made in determining
actual cash value at the time of the "loss".
c. If a repair or replacement results in better
than like kind or quality, we will not pay for
the amount of betterment.
4. Deductible
No deductible applies to this coverage.
The insurance provided by this extension is excess
over any other collectible insurance.
AH CA 85 90 09 17
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6
K. TAPES , RECORDS AND DISCS COVERAGE
Exclusion B.4.a. of SECTION Ill - PHYSICAL
DAMAGE COVERAGE is deleted and replaced by
the following:
a. Tapes, records, discs or other similar au
dio, visual or data electronic devices de
signed for use with audio, visual or data
electronic equipment except when the
tapes, records, discs or other similar au
dio, visual or data electronic devices:
(1) Are your property or that of a family
member, and
(2) Are in a co\ered "auto" at the time of
"loss" .
(a). The most we will pay for "loss" is
$200. No Physical Damage Cov
erage deductible applies to this
co1,erage.
This extension provides co1,erage only to a co1,ered
"auto".
L. PHYSICAL DAMAGE DEDUCTIBLE - SINGLE
DEDUCTIBLE AND GLASS REPAIR
Paragraph D. Deductible in SECTION Ill -
PHYSICAL DAMAGE COVERAGE is deleted and
replaced by the following:
D. Deductible
For each co1,ered "auto," our obligation to pay
for, repair, return or replace damaged or stolen
property will be reduced by the applicable de
ductible shown in the Declarations. Any Com
prehensi\e Co1,erage deductible shown in the
Declarations does not apply to "loss" caused
by fire or lightning.
When two or more co1,ered "autos" sustain
"loss" in the same occurrence, the total of all
the "loss" for all the im,ol\ed co1,ered "autos"
will be reduced by a single deductible, which
will be the largest of all the deductibles apply
ing to all such co1,ered "autos."
No deductible applies to glass damage if the
glass is repaired rather than replaced.
M. PERSONAL EFFECTS COVERAGE
1. If you purchase Comprehensi1,e Co1,erage on
this policy for a stolen owned "auto", we will
pay up to $600 for "personal effects" stolen
with the "auto".
2. "Personal effects" as used in this extension
means tangible property that is worn or carried
by the "insured". "Personal effects" does not
include tools, jewelry, money, securities, radar
or laser detectors, or tapes, records, discs or
similar audio, visual or data electronic equip
ment.
No Deductible applies to this extension.
The insurance provided by this extension is excess
01,er any other collectible insurance.
N. LOAN/LEASE PAYOFF COVERAGE
The SECTION Ill - PHYSICAL DAMAGE COV
ERAGE is amended by the addition of the follow
ing:
In the e1,ent of a total "loss" to a. co1,ered "auto"
shown in the Declarations, we will pay any unpaid
amount due on the lease or loan for a co1,ered "au
to", less:
1. The amount paid under the Physical Damage
Co1,erage Section of the policy; and
2. Any:
a. O1,erdue lease/loan payments at the time
of the "loss";
b. Financial penalties imposed under a lease
for excessi\e use, abnormal wear and tear
or high mileage.
c. Security deposits not returned by the les
sor;
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or
lease; and
e. Carry-01,er balances from previous loans or
leases.
0. CUSTOM SIGNS AND DECORATIONS
In the e1,ent of a total loss to a 1,ehicle insured for auto physical damage co1,erage on this policy, in
addition to the ACV of the 1,ehicle, we will pay the
actual cost to repair or replace signage or custom
paint details up to $5,000.
P. HIRED AUTO PHYSICAL DAMAGE
If hired "autos" are co1,ered "autos" for Liability
Co1,erage and if Physical Damage Co1,erage of
Comprehensi\e, Specified Causes of Loss, or Col
lision are provided under this Co1,erage Form for
any "auto" you own, then the Physical Damage
Co1,erage's prm.ided are extended to "autos" you
hire of like kind and use subject to the following
limit:
The most we will pay for any one loss is the lesser
of the following:
1. $50,000 per accident,
--------------- ~=~-¥!.! gyrighted material of Insurance Services Office, Inc.,
2. Actual Cash Value, or
3. The cost of repair.
The deductible will be equal to the largest deducti
ble applicable to any owned "auto" for that cover
age. No deductible applies to "loss" caused by fire
or lightning. This Hired Auto Physical Damage cov
erage is excess over any other collectible insur
ance. Subject to the above limit, deductible and
excess pro\oisions, we will pro\oide coverage equal
to the broadest coverage applicable to any covered
"auto" you own.
Q. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT
OR LOSS
Subparagraphs A.2.a. of SECTION IV - BUSI
NESS AUTO CONDITIONS is deleted and re
placed by:
a. In the event of "accident", claim, "suit" or
"loss", you, your insurance manager or any
other person you designate must give us or our
authorized representative prompt notice of
such "accident" or "loss". Include:
(1) How, when and where the "accident" or
"loss" occurred;
(2) The "insured's" name and address; and
(3) To the extent possible, the names and ad
dresses of any injured persons and wit
nesses.
Knowledge of an "accident" or "loss" by your
agent, servant or "employee" shall not be consid
ered knowledge by you unless you, your insurance
manager or any other person you designate has
received notice of the "accident" or "loss" from your
agent, servant, or "employee."
R. WAIVER OF SUBROGATION
SECTION IV - BUSINESS AUTO CONDI
TIONS- A. 5. Transfer of Rights of Recovery
Against Others to Us is amended as follows:
This condition does not apply to any person or or
ganization to which you waived this condition by
written contract or agreement, but only to the ex
tent that subrogation is waived prior to the "acci
dent" or "loss" under a contract with that person or
organization.
S. UNINTENTIONAL FAILURE TO DISCLOSE HAZ
ARDS
Paragraph B.2. Concealment, Misrepresentation
Or Fraud in SECTION IV - BUSINESS AUTO
CONDITIONS is amended by adding the following:
Any unintentional failure to disclose all exposures
or hazards existing as of the effective date of the
Business Auto Coverage Form or at any time dur
ing the policy period will not invalidate or adversely
affect the coverage for such exposure or hazard.
However, you must report the undisclosed expo
sure or hazard to us as soon as reasonably possi
ble after its discovery.
T. EXTENDED EMPLOYEE HIRED AUTO PHYSICAL
DAMAGE
Paragraph B.5.b. Other Insurance of SECTION IV
- BUSINESS AUTO CONDITIONS is deleted and
replaced by the following:
b. For Hired Auto Physical Damage Cover
age, the following are deemed to be cov
ered "autos" you own:
1. Any covered "auto" you lease, hire,
rent or borrow; and
2. Any covered "auto" hired or rented by
your "employee" under a contract in
that indi\oidual "employee's" name, with
your permission, while performing du
ties related to the conduct of your
business.
However, any "auto" that is leased, hired, rented or
borrowed with a driver is not a covered "auto".
U. POLICY PERIOD, COVERAGE TERRITORY
Paragraph B.7. Policy Period, Coverage Territo
ry of SECTION IV - BUSINESS AUTO CONDI
TIONS is deleted and replaced by:
7. Policy Period, Coverage Territory
Under this Coverage Form, we cover "acci
dents" and "losses" occurring:
a. During the policy period shown in the Dec-
larations; and
b. Within the coverage territory.
The coverage territory is:
a. The United States of America ;
b. The territories and possessions of the
United States of America;
c. Puerto Rico;
d. Canada; and
e. Anywhere in the world it
(1) A covered "auto" is leased, hired,
rented or borrowed for a period of 30
days or less; and
AH CA 85 90 09 17
Includes copyrighted material of Insurance Ser\oices Office, Inc., with its permission. Page 5 of 6
(2) The "insured's" responsibility to pay
damages is determined in a "suit" on
the merits, in the United States of
America, the territories and posses
sions of the United States of America ,
Puerto Rico, or Canada or in a settle
ment we agree to.
We also cover "loss" to, or "accidents" im,ollAng, a
covered "auto" while being transported between
any of these places.
V. DEFINITION OF BODILY INJURY AMENDED
Paragraph C. of SECTION V - DEFINITIONS is
amended to include:
"Bodily Injury" includes mental anguish or other
mental injury resulting from "bodily injury." Howev
er, no coverage is prolAded for mental anguish or
mental injury absent physical injury.
None of the extensions pro\Jided under this cover
age endorsement apply if coverage is more specifi
cally identified elsewhere in the policy or endorse
ments, for which a premium charge is made or a
higher limit is identified. Under no circumstances is
any limit pro\Jided under this extension to be com
bined with a limit pro\Jided elsewhere in the policy
or endorsements.
----------------- ...JocJudes Ccop,yJ:igbte.d.mateda o osuraoce Ser\Jices Office, Inc.,
POLICY NUMBER: BCA0004070-03 COMMERCIAL AUTO
AH CA 85 97 09 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED- PRIMARY AND
NON-CONTRIBUTORY
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
AUTO DEALERS COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi fied by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Endorsement Effective: 1 o / o 1/2o22 Countersigned By:
Named Insured: Ross Recreation Equipment
Company Inc (Authorized Representative)
SCHEDULE
Name of Person(s) or Organization(s):
As Per Written Contract
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.)
1. Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision con tained in Section II of the Coverage Form.
2. This insurance is primary to and non-contributory with any other insurance for each person or organiza tion shown in the schedule, when required by written contract or agreement that is in effect during the pol icy period and is signed and executed before any damage or "loss" occurs.
AH CA 85 97 09 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission
POLICY NUMBER: BCA0004070-03 COMMERCIAL AUTO
CA 04441013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Namedlnsured:Ross Recreation Equipment Company Inc
Endorsement Effective Date: 10/01/2022
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Any person or organization to which you waived this condition by written contract or agreement, but only to the extent that subgrogation is waived prior to the "accident" or "loss" under a contract with that person or organization.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.
CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410 C (Ed. 01-19)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA
BLANKET BASIS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule . (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule .
Blanket Waiver
Person/Organization
Job Description
All CA Operations
Schedule
Blanket Waiver - Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver .
Waiver Premium (prior to adjustments)
350.00
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/01/2022
Insured:
Policy No.: ROWC330091 Endorsement No.:
Insurance Company: Oak River Insurance Company
WC 99 0410 C
(Ed. 01-19)
Premium$
Countersigned by _______________ _
DRAFT Ross Recreation for Playground
Equipment Replacement Project 2021-02
Final Audit Report
Created :
By:
Status :
Transaction ID:
2023-06-14
City of Cupertino ([email protected])
Signed
CBJCHBCAABAAcB-TfbOk02jiRKF46ZkW _Oz-7V _ul 1 g_
2023-06-15
"DRAFT Ross Recreation for Playground Equipment Replaceme nt Project 2021-02" History
fl Document created by City of Cupertino ([email protected]) 2023-06-14 - 4:42:46 PM GMT- IP address : 35.229.54.2
czi. Document emailed to Julia Kinst [email protected]) for approval 2023-06-14- 4:44:15 PM GMT
/Do Document approved by Julia Kinst [email protected]) Approval Date: 2023-06-14 - 4:46:27 PM GMT - Time Source : server- IP address : 216.198.111.214 ~ Document emailed to [email protected] for signature 2023-06-14 - 4:46 :33 PM GMT
J,.t Document shared with Kimberly Lunt ([email protected]) by City of Cupertino ([email protected]) 2023-06-14 - 9:28:00 PM GMT- IP address : 216.198.111.214 J,.t Document shared with Evelynm@cupertino .org by City of Cupertino ([email protected]) 2023-06-15-3:41 :24 PM GMT- IP address : 216.198.111.214 fl Email viewed by [email protected]
2023-06-15 - 4:02:23 PM GMT- IP address: 107.209.20.153 /Do Signer heatherh@rossrec .com entered name at signing as Heather Hailey 2023-06-15 - 4:47:49 PM GMT- IP address : 107.209 .20.153 /Do Document e-signed by Heather Hailey (heatherh@rossrec .com) Signature Date: 2023-06-15 - 4:47:51 PM GMT - Time Source: server- IP address : 107.209.20 .153 0 Agreement completed.
2023-06-15 - 4:47:51 PM GMT
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