I - CC Minutes 03-16-10 and Agreement 10-044 Blackberry Farm Golf Course Maintenance, Professional Turf Management

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CUPERTINO

APPROVED MINUTES

CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, March 16, 2010

ROLL CALL
At 6:00 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California.

Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none.

CLOSED SESSION — 6: 00 p. m.

At 6:00 p. m., Council recessed to a closed session to conduct the conference with the real property negotiator.

1. Conference with real property negotiator ( Government Code 54956.8):

1. Property: 20410 Town centerLane, Suite 210 Cupertino

2. Agency negotiator: Carol Korade

3. Negotiating parties: City of Cupertino and Cornish & Carey Commercial on behalf of TA Associates Realty

4. Under negotiation: Price and terms of payment
Council reconvened in open session at 6:45 p.m. Mayor Kris Wang announced that no action was taken.

PLEDGE OF ALLEGIANCE
At 6:48 p.m. Mayor Kris Wang_ called the regular meetingto order in the Council Chamber. 10350Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.

Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang.

Orrin Mahoney, and Mark Santoro. Absent: none
Council concurred to take up Ceremonial Matters — Presentations when the presenters and recipients arrived.

POSTPONEMENTS - None
March 16, 2010 Cupertino City Council Page 2

WRITTEN COMMUNICATIONS
DeputyCity Clerk GraceSchmidtdistributedanamendedstaffreportfor ItemNo. 20.

ORAL COMMUNICATIONS
Dennis Whittaker distributed an email of his interview with Gloria Kiefer regarding his experiencesin Vietnamduring the war. He talked aboutthe sacrificesthat menandwomenare currently making in the armed forces, and asked that Cupertino take the lead in setting an exampleby havinga momentof silenceduring a Council meetingonceor twice a year, at times other than Memorial Day or Veteran's Day. Mayor Wang noted that shewould adjourn this meeting in recognition of veteransand those serving oversees.

The Lawson Middle School Destination Imagination Team, called The Five Cheeses, JanayeS..

Mansi S., Shivani S., Sanika P., and Tanaya P. gave a PowerPointpresentationregarding declining nativeplants. They explainedthat nativeplantsareneededto help reservewater and avoid drought, andarecostefficient over time. They saidthe communitycanhelp by planting nativeplantsandeducatingtheir neighborsandfriends. TheynotedthatLawsonMiddle School is plantinganall nativegardenandthe schoolwill havea boothat theEarthDay Festival. They askedif Council could be an example in the community by planting native plants and motivating residents to do the same.

Ray Crump askedfor information and clarification on the below marketrate (BMR) housing programin Cupertino. Specifically, he notedthat severalof the BMR units havecomeonto the normal resale market and that there is a disparity of about $600,000 between the control price of the unit andthe marketprice. He saidhe wasconcernedaboutwherethe moneyhasgoneand that it seems the BMR units have been lost from the pool with no replenishment in the near future. TheCity Attorneyrespondedthatthreelawsuitsarecurrentlyin progressandthattheCity hastaken stepsto avoid this type of problem again.

CONSENT CALENDAR
Wong moved and Mahoney secondedto approve the items on the ConsentCalendar as recommended, with the exception of Item Nos. 4 and 19which were pulled for discussion. Ayes:

Chang, Mahoney, Santoro, Wang, andWong. Noes: None. Abstain: None.

5. Adopt resolutionsacceptingAccountsPayablefor February26 andMarch 5, Resolution Nos. 10 -045 and 10 -046.

6. Adopt aresolutionacceptingPayrollfor ;March5, ResolutionNo. 10 -047.

7. Accept the Treasurer's Investment & Budget. Report for January 2010.

8. Adopt a resolution rescinding Resolutixi No. 07 -129 and changing the mandatory waiting periodbeforecommissionerscar apply for the samecommissionor committee from one to two years, Resolution No. 10 -048.

March 16, 2010 Cupertino City Council Page 3

9. Review bids and award the contract for Blackberry Farm Golf Course Maintenance, Project No. 2010 -01 to Professional Turf Maintenance in the amount of $174, 420.00 per year.

10. Adopt a resolution accepting a Quitclaim (Deed andAuthorization for Underground Water Rights, Pyda Srisuresh and Lakshmi Pyda, 10511 Beardon Drive, APN 326 -30 -177, Resolution No. 10 -049.

The property owners of this residential development agreeto grant to the City the right to extract water from the basin under the overlying property.

11. Adopt a resolution accepting a Quitclaim :Deed and Authorization for Underground Water Rights, Bernard P. Murphy and Yvonne M. Murphy, 10123 Berkshire Court, APN 342- 12 -104, Resolution No. 10 -050.

Thepropertyownersof this residentialdevelopmentagreeto grantto theCity theright to extract water from the basin under the overlying property.

12. Adopt a resolution accepting a Grant of Easement for Storm Drain Purposes, City of Cupertino, 10981Franco Court, APN 326 -09 -025, Resolution No. 10 -051.

The City of Cupertino hereby grants to Villa Serra Apartments the right and privilege to enter upon said lands contiguous to and along the line of said property for the purpose of locating, construction, repairing, maintaining or replacing said storm drain.

13. Adopt a resolution accepting a Grant of Easementfor Fire Department water purposes, City of Cupertino. 10981Franco Court, APN 326 -09 -025, Resolution No. 10 -052.

The City of Cupertino hereby grants to Villa Serra Apartments the right and privilege to enter upon said lands contiguous to and along the line of said property for the purposeof locating, construction. repairing, maintaining or replacing said Fire Department water.

14. Adopt a resolution approving an Improvement Agreement, Carola V. Elliot, 10128 Lebanon Drive, APN 342 -14 -023, Resolution No. 10 -053.

Through the improvement agreementwits the City. the applicant for a building permit for a single family residential development will he obligated to bond and construct city - specified roadsideimprovements along the streetfrontage of their building site.

15. Adopt a resolution accepting a Quitclaim Deedand Authorization for Underground Water Rights, Carola V. Elliot, 10128 Lebanon Drive, APN 342 -14 -023, Resolution No. 10- 054.

The property owner of this residential development agreesto grant to the City the right to extract water from the basin under the overlying property.

March 16, 2010 Cupertino City Council Page 4

16. Adopt aresolutionacceptinga QuitclaimDeedandAuthorizationfor UndergroundWater Rights, Daniel R. Cook and Kelly U. Dao, 10735 Pinole Court, APN 369 -34 -019, Resolution No. 10 -055.

Thepropertyownersof this residentialdevelopmentagreeto grantto theCity theright to extract water from the basin under the overlying property.

17. Accept a City ProjectperformedunderContract: 2009Slurry SealProjectNo. 2009 -06, American Asphalt. (No documentation in packet).

The City's contractor, American Asphalt, hascompletedwork on the 2009 Slurry Seal Project. The work consistedof roadwaysurfaceimprovementsincluding placementof slurry seals, capeseals, andchip seals.

18. Adopt a resolutionsupportingthe City of Cupertino's participationin Google's Fiber for Communities requestfor information, Resolution No. 10 -056.

ITEMS REMOVED FROM THE CONSENT 1CALENDAR ( above)

4. Approve the minutes from the February 23 and March 2 City Council meetings.

Council memberChangnotedthe following correctionsto the February23 minutes: On page4 -3, JoyceEdenwas askedto senda letter to theLegislativeCommitteeregarding monitoring emissions from the Lehigh kiln; and on page4 -3, correct the nameof the Bay Area Air Quality Management District.

Changalso noted the following correctionsto the March 2 minutes: On page4 -6, the postponement section should read, "Wong moved and Mahoney seconded"; and on page 4 -9, Chang's commentsshould include that the City has other important things to do besides the dog park issue, such as traffic around the schools, solving the problem of overcrowding in the library. andthe problem with vacant retail businesses.

ChangmovedandMahoneysecondedto approvethe minutesas amended. The motion carried unanimously.

19. Endorse Their Future is Now!, a partnership between the parent community, the CupertinoEducationalEndowmentFoundation (CEEF) andthe CupertinoUnion School District. Their Future is Now! will step in where state funding leaves off to keep our schools academically sound and nationally competitive.

Julie Lin explainedthatthe CupertinoUnion SchoolDistrict facesa $7.3 million budget shortfall and will lose up to 115 teachersin grade levels K -8 acrossthe District, greatly impactingthe students. Shesaidthat the campaignseeksto raise $3 million by May 15 and that on the first day of their official launch had already raised $220, 000. She noted that the donations came from both parents and leaders in the community.

March 16, 2010 Cupertino City Council Page 5
Scott Plautz, CEEF Board member and Chair of the Their Future is Now! campaign, thanked the parent community and asked Council to endorse and support the campaign.

For more information go to www. ceefcares.org.

Wong moved and Mahoney secondedto endorsethe program. The motion carried unanimously.

PUBLIC HEARINGS - None

UNFINISHED BUSINESS

20. Review and adopt the 2009 -10 City Council work program.

Written communications for this item included an amended staff report with the corrected title of "2010 -11 City Council work program."
City Manager David Knapp reviewed the work program as it was amendedon February 23, and he also reviewed the wish list items that Council discussed on that date.

Council discussed the wish list items in more detail to determine which ones should be discussedasa part of the budget, and which onesshould be addedto the work program.

At 8:19 p.m. Mayor Wanginterrupteddiscussionof this item to takeup the Ceremonial Matters — Presentations items.

CEREMONIAL MATTERS — PRESENTATIONS

2. Proclamation to Cupertino High School for their Dell Award. (No documentation in packet).

Mayor Wang presented the proclamation to the students in recognition of winning the nationwide Dell Computers Superprom Contest. The students wanted to help studentsin developingcountrieswho werelessfortunatethanthemandplannedto raise5100,000 to upgradethe Nthimbiri secondaryschool in Kenya. They pledged to channel their winnings to the school if they won the contest.

The students gave a packet to each Council member containing news articles and more information about their mission and the next steps.

Fremont Union High School District (FUHSD) SuperintendentPolly Bove recognized the teachers who helped with the fundraising campaign.

March 16, 2010 Cupertino City Council Page6

3. Presentation by Polly Bove regarding the State of the District. (No documentation in packet).

Fremont Union High School District (FUHSD) Superintendent Polly Bove presented a PowerPoint presentation on the State of the District. She highlighted the following information: students participated in many community and Haiti relief fundraisers; FUHSDis the3rdhighestperforminghighschooldistrictin thestate, all five schoolsare ranked in the top 6 %, 90% of graduating studentsenter college, 55% go directly to four - year universities, and the averageGPA is over 3.0; one student in Cupertino, David Liu, won secondprize in the Intel Talent Search; over the last two yearsthe District was $10.7 million short and in order to handle that shortfall, has cut $500, 000 by reducing staff costs, all employee groups have frozen compensation, $1 million was cut from adult and community education, and summer school is being reduced. Superintendent Bove distributed information on the, "Please Dcn't Cut That" project and noted that Measure B would be on the upcoming ballot to renew the parcel tax. More information can be found at www. fhsd.or2..

Michael Gottwald asked to not have any education or athletic programs be cut and to vote for Measure B.

The City Council received the report, and directed staff to have the Legislative Committee look at Measure B for possible Council support on an upcoming agenda.

Council continued with Item No. 20 regarding the work program.

UNFINISHED BUSINESS - continued

20. Review and adopt the 2009 -10 Citv Council work program.

The City Council continued their discussion about the February 23 wish list items.

Jennifer Griffin reported that construction has begun for the Sterling Barnhart Park in the Rancho Rinconada area and said that the neighbors are very excited. She also said that she was pleased to see that the acquisition of the Lawrence Mitty Park is still on the Council work program and hopesthat this would be able to happenin the nearfuture.

Council concurred to direct staff to amend the work program to include the following wish list items, and place it on the Consent Calendar for adoption.

Review plans for Simms & Stocklmeir and consider including in the CIP Support the four city task force investigating possible StevensCreek Trail alignment Investigate additional parking opportunities around Civic Center Track status of efforts to encourage walking/biking to school Look for ways to become more resource efficient
March 16, 2010 Cupertino City Council Page 7
The City Council recessedfrom 9:23 p.m. to 9:38 p.m.

NEW BUSINESS

21. Consider a request from the Cupertino Cricket Academy:
a. Use of Library Field for a National Women's Cricket Tournament during Spring 2010
b. Conversion of the Cricket pitch at Library Field to a Turf Wicket Pitch Parks and Recreation Director Mark Linder reviewed the staff report.

Hemant Buch, from the California Cricket Academy, gave a PowerPoint presentation regarding the objective and benefit of putting in a new cricket pitch. Another gentleman who is a pitch expert answeredsomeof Council's questions.

Mahoney moved and Santoro seconded to waive the existing park use policy for the tournament, spend up to $3000 of initial post, and up to $5000 annually to maintain the cricket pitch. Wang offered a friendly amendment to spend $2000 of initial cost and up to S3000 annually for maintenance. Mahoney did not accept the friendly amendment. The motion carried with Council member Chang, voting no.

22. Authorize the City Manager to negotiate And execute the fourth amendment to the lease for 20410 Town Center Lane, Suite 210_, in accordance to the terms of the proposal attached as Exhibit B.

City Manager Dave Knapp asked to have Council amend the wording to say, "Authorize the City Manager to negotiate and execute a lease..."
Wong moved and Santoro seconded to authorize the City Manager to negotiate the lease using the amended language. The motion carried with Council member Chang voting no.

23. Authorize the City Manager and City Attorney to prepare an ordinance for City Council's consideration to move the date of the City's general municipal election and consolidate it with the statewide general election commencing in November 2012.

Administrative Services Director Carol Atwood reviewed the staff report.

Tom Hugunin noted that the Cupertino Sanitary District also has an election during the odd - numbered years. He said he was concerned that with the increased voter turnout, candidates would have to increase the ainount of money they are currently allowed to spend. He said he was also concerned about the ability to find enough volunteers with other elections happening at the same time.

March 16, 2010 Cupertino City Council Page 8
Keith Murphy said he agreed with the previous speaker and also noted that any referendums or measures might have to go to a special election costing more money. He suggested waiting until the Cupertino Union School District board had made a decision whether to change its election year before paying the one -time $20, 000 fee to the County.

Mahoney moved and Chang secondedto direct the City Manager andthe City Attorney to prepare an ordinance for the second meeting in May for City Council's consideration to move the date of the City's general municipal election and consolidate it with the statewide general election commencing in November 2012. The motion carried with Council member Chang voting no. Cot.ncil member Chang had noted earlier in the discussion that he would like to save money by shortening the term of the current Council and hold an election in 2010 rather than extending the term by a year. He also said that any change the Council makes to the election shouldn't benefit the current Council.

ORDINANCES

24. Conduct the second reading of Ordinance No. 10- 2055: "An Ordinance of the City Council of the City of Cupertino amending the Heart of the City Specific Plan to update the Heart of the City Specific Plan and achieve conformance with the General Plan." Continued from March 2).

Jennifer Griffin said that it's important for the Stevens Creek Blvd. corridor to have the same look and feel all the way from tie Oaks shopping center to I -280 in Rancho Rinconada. She urged Council to keep the double row of street trees and said she was glad the 35 -foot right -of -way would be ke along StevensCreek Blvd.

Tom Hugunin said that the project looked good to him.

Keith Murphy said that future public outreach done for stakeholders should let them use the new tools and education to participate.

Council made some minor formatting charlges to page 17, 21, Appendix B, and Appendix C.

Mahoney moved and Wong seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None.

Mahoney moved and Wong seconded to enact Ordinance No. 10 -2055 as amended. Ayes:

Chang, Mahoney, Santoro, Wang, and Wcng. Noes: None.

STAFF REPORTS - None

COUNCIL REPORTS
Council members highlighted the activities of the .r committees and various community events.

March 16, 2010 Cupertino City Council Page 9
March 16, 2010 Cupertino City Council Page 10

ADJOURNMENT
At 12:10 a.m. on Wed., March 17, the meeting was adjourned in recognition of veterans and those serving overseas.
c 11/ (Lf
Grace Schmidt, Deputy City Clerk
Staff reports, backup materials, and items distril uted at the City Council meeting are available for review at the City Clerk's Office, 777 -3223, and also on the Internet at v, «v . cupertino.or «.

Click on Agendas & Minutes, then click on the appropriate Packet.

Most Council meetings are shown live on Comcast Channel 26 and AT &T U -verse Channel 99 and are available at your convenience at v\ ww. cupertino.or2. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 - 2364.

Zo1 e

FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND PROFESSIONAL TURF MANAGEMENT, INC. FOR

BLACKBERRY FARM GOLF COURSE MAINTENANCE
This First Amendment to the Agreement between the City of Cupertino and Professional Turf Management, Inc. for reference dated June 11, 2015, is by and between the CITY OF CUPERTINO, a municipal corporation ( hereinafter " City") and PROFESSIONAL TURF MANAGEMENT, INC. a California corporation (" Contractor") whose address is 510 Salmar Avenue, Campbell, CA, and is made with reference to the following:

RECITALS:

A. On March 17, 2010, an agreement was entered into by and between City and Contractor ( hereinafter " Agreement") for Blackberry Farm Maintenance.

B. On or about June 7, 2012, and June 18, 2014, City exercised its options to extend the Agreement as set forth in the contract.

C. The Agreement expires on June 30, 2015, and parties desire to extend the term of the Agreement for six ( 6) months in order to provide the City with time to solicit bids for a new contract for these services.

D. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows:

1. Paragraph 3. 1 of the Agreement is modified to read as follows:

Contract Time. The Contract Time commenced to run on July 1, 2010. The original term of the contract was for ( 2) years from the start date of the contract. The City exercised its options to extend the contract on a year-to- year basis for three ( 3) additional years,- for a total of five ( 5) years. The parties now agree to extend the contract for an additional six ( 6) months, under the same terms as the original option to extend. Any increase or decrease in the previous contract price shall be based upon the annual percentage change in the Consumer Price Index ( CPI) as of April, 2015. The CPI shall be the San Francisco/ Oakland Consumer Price Index for all urban wage earners. For purposes of calculating the contract amount for this six (6) month extension, the previous contract price is$ 187, 280. 00.

2. Paragraph 4. 1 of the Agreement is modified to read as follows:

City shall pay Contractor the Contract Sum for Completion of Work in accordance with the Contract Documents as set forth in Contractor' s, Bid, attached as the Exhibit " A" to the Agreement. For this ( 6) month extension, the parties agree that the total contract price shall be $ 95, 887. 00. All other terms and conditions of Exhibit " A" ( including Bid Form, Document 00400) remain unchanged.

3. Exceptasexpresslymodified herein, all other terms and covenantssetforth in the Agreement shall remain the same and shall be in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CONTRACTOR CITY OF CUPERTINO
A M i ipal Corporation
N v fX72- z. 111
y: Don Naumann By: David Brandt
Professional Turf Management, Inc. City Manager
Its: Princip
Date
APPROVED AS TO FORM:

Carol Korade
City Attorney
ATTEST:
1 Grace Schmidt L.

City Clerk
EX
Project No. 2010-0 1
HIBITA
DOCLTMENT 00400

BID FORINT
To be submittedaspartof Envelope"A" by thetime anddatespecifiedin Document00200(Instructionsto Bidders).

TO THE HONORABLE CITY COUNCIL OF THE CITY OF CJPERTINO
THIS BID IS SUBMITTED BY:

Firm/ Company Name)
Re: PROJECT NUMBER 2010- 01

BLACKBERRY FARM GOLF COURSE MAINTENANCE

1. The undersignedBidder proposesandagrees, if this Bid is accepted, to enterinto a contractwith the City of Cupertino (" City") in the form included in the Contract Documents, Document 00520 ( Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected asnon-responsive.

2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100( Advertisement for Bids), and Document 00200 ( Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will. remain subjectto acceptancefor 90 Days after the day of Bid opening.

3. Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Site, as set forth in Document 00520( Contract), Article 5. t

4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolutionthereofthroughAddendaissuedby City is acceptableto Contractor.

5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430( Subcontractors List).

6. The undersigned Bidder understands that City reserves the right to reject this Bid.

7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to theundersignedBidderwithin thetimedescribedin paragraph2 of this Document00400or at anyothertime thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 ( Instructions to Bidders) within the times specified theren.- These documents include, but are not limited to, Document 00520( Contract), Document 00610( Construction Performance Bond), and Document 00620( Construction Labor and Material Payment Bond).
i

8. Notice of Award or request for additional information" may be addressed to the undersigned Bidder at the address set forth below on the signature page.

City of Cupertino Bid Form
BBF Golf Course Maintenance 00400- 1
Project No. 2010- 01
the State of California, in form specified in Document 00200 ( Instructions to Bidders), in the amount of ten percent( 10%) of the total of Bid and made payable to the" City of Cupertino":

11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 ( General Conditions) and to complete all work within the time specified in Document 00520 Contract). The undersignedBidder acknowledgesthat City has reservedthe right to delay or modify the commencement date. The undersignedBidder further acknowledgesCity hasreservedthe right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents.

12. The undersigned Bidder agrees that, in, accordance with Document 00700 ( General Conditions), liquidated damages for failure to complete all Work in the Contract within the' time specified in Document 00520 Contract) shall be as set forth in Document 00520( Contract). 10" 1 Q 1;17e ri1
1^ PS.S
i
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400- 2.
i
i
Project No. 2010- 01

SCHEDULE OF BID PRICES
All Bid items,including lump sumsandunit prices,mustbe filled in completely. Quotein figuresonly, unlesswordsare specifically requested.

Specialty Items are identified on the Bid Form in the description.

ESTEVIATED UNIT

TEM DESCRIPTION QUANTITY MT PRICE TOTAL

1. Provide Maintenance at 12 Months S
Blackberry Farm Golf Course 73 20

2. Soil Sample Collection and 12 Each lye $ D Testing

TOTAL BID
PRICE 2 0
L^
Total Bid: 6Cvz- dayo 1 Lx
words)
Unit Legend
LS = Lump Sum AL= Allowance
EA= Each SF= Square Feet
LF= Linear Feet
TON= Ton or 2, 000 Pounds
CY= Cubic Yards
LB= Pounds
Pilo a 1
i
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400- 3
Project No. 2010- 01

ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS
Bidderherbyacknowledgesreceiptandexaminationof all ContractDocumentsandthefollowing Addenda:

Addendum No. Addendum Date .

Bidderproposesandagreesto fully performtheWork within thetime statedandin strictaccordancewith the Contract Documents for the sums of money listed in this Bid Form.

NAME Off' BIDDER: i^ O 717e 5S ton a - Ty r" CT n Q eh— licensed in accordance with an act for the' registration of Contractors, and with license number: U 2 6- oy Expiration Date: I ! 1
C_ G /
l74
e No y Yt R A o
Where incorporated, if applicable
Principals
I certify( or declare)underpenaltyof perjuryunderthelaws of theStateof Californiathatthe foregoingis true and correct.

Signature of Bidder
NOTE: If Bidder is a corporation, set forth the legal name of the corporation, state where incorporated, together with the signatureof the officer or officers authorizedto signcontractsonbehalf of thecorporation.If Bidder is apartnership,set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership.

Business Address: L, ao x 7 b o ! Z
Officers authorized to sign contracts:. 60 N /(/ c? V 117 Q n n aS
Typed Full. Name:

Telephone Number.( s):

Fax Number( s): 941.

E- Mail Address: I7J i ft e Cj as r jc aTm a C o
i
i
END of DOCUMENT
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400- 4
i
i

BLACKBERRY FARM GOLF COURSE
DEPT. OF PARKIS' AND RECREATION
10300 Torre Avenue, Cupertino, CA 95014- 3255
Telephone: ( 408) 777- 3354
C U P E RT I N O Fax: ( 408) 777- 3 333
June 18, 2014
Mr. Don Naumman
Professional Turf Management, Inc.
510 Salmar Avenue
Campbell, CA 95008
Pursuantto the agreementbetweenthe City of Cupertino and Professional Turf Management, Inc., ( Blackberry Farm Golf Course Maintenance, Project No. 2010- 01), the City hereby exercises its renewal option for maintenance services related to Blackberry Farm Golf Course. This renewal contains the same provisions as the original agreement, including a modification to the contractor' s compensation asdetermined by-the consumer Price Index( CPI) as of April 2014. The CPI: is the San Francisco/ Oakland/ San Jose Consumer Price Index, which is+ 2. 8% for all urban wage earners. This renewal will commenceon July 1, 2014, and be in effect for one year.

Tim y H. Coles n aumann
Recreation Coordinator Owner/ Principal
Blackberry Farm GC PTM
Do cCarthy
creation Supervisor
arks and Recreation
PURCHASE ORDER NO. 00058491
PAGE NO. 1
s
FV 2661 H CITY OF CUPERTINO

E PROFESSIONAL TURF MGMNT INC I
I
N
P O BOX 84 P

QUINLAN COMMUNITY CENTER
D 10185 N STEELING ROAD
pl I
O
CAMPBELL CA 95009
I CUPERTINO CA 95014
R L_ J L-
ATTN:

ORDER DATE: 0 6/ 2 6/ 14 BUYER: DON MCCARTHY REQ. NO.: p REQ. DATE:

TERMS: NET 3 0 DAYS I F. O. B.: DESTINATION
I
I
DESC.:

ITEM# QUANTITY UOM DESCRIPTION I

UNIT PRICE EXTENSION

15.. G.OLF.:: COURSE . MP, INTENANCE:.:.::::: 1:$...7.. .$ C...QQQ3 187, 280: 001:.. 0 0:..::::::::•:.::::. 7 .. 1 . 14., 6 . 3 Q..

P:. ACRE O5TH... O F......::..:................ RVI E... ..

R..: TO;:, PROV. IDE SERV. LCE....... .CONTRACTQ.......... ......_............,,..:.:..::::...:...

ALS.:;; AS::;: S. PEC:.- D... ON ..(' HIS AGR_. .:._...,...::...._::::::::::::::...:::::::::.:._:.::...MATERL:.

LBIT... HEREBY.. ATTI CAND., ANY EXH.......... ......._ .......

ITEM# ACCOUNT AMOUNT PROJECT CODE PAGE TOTAL $ 1871280 . 00 TOTAL $ 1871280 . 00

1. Ol 5606440 7014 187, 280 . 001
I L,
7-;
e

APPROVED BY
061RECTOR
OP"

RCHASING
j BLACKBERRY FARM GOLF COURSE
DEPT. OF PARKS AND RECREATION
J ' 10300 Torre Avenue, Cupertino, CA 95014- 3255
1- I
45 Ss Telephone: ( 408) 777- 3354
C U P E RT I N O Fax: ( 4081777- 3333 z:)/ /
3/43)
p()
June 7, 2012 37; J5
Mr. Don Naumman
Professional Turf Management, Inc.

Z1/4510 Salmar Avenue
Campbell, CA 95008
Pursuantto theagreementbetweentheCity of CupertinoandProfessionalTurf Management, Inc., ( Blackberry Farm Golf Course Maintenance, Project No. 2010- 01), the CityherebyexercisesitsrenewaloptionformaintenanceservicesrelatedtoBlackberry Farm Golf Course. This renewal contains the same provisions as the original agreement, includingamodificationto the contractor'scompensationasdeterminedby theconsumer Price Index( CPI) as of April 2012. The CPI is the San Francisco/ Oakland/ San Jose Consumer Price Index, which is+ 2. 2% for all urban wage earners. This renewal will commence on July 1, 2012, and be in effect for one year. tr
0"
ler
Timothy H. Coles aumann
Recreation Coordinator Owner/ Principal
Blackberry Farm GC PTM
4i LAMS
1)on McCarthy
Recreation Supervisor
Parks and Recreation
Project No. 2010- 01
DOCUMENT 00520

CONTRACT
THIS CONTRACT, dated this
171
dayofMarch, 2010, byandbetweenProfessionalTurfManagement whose place of business is located at 510 Salmar Avenue, Campbell, CA 95008 (" Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California (" City") acting under and by virtue of the authority vestedintheCitybythelawsoftheState`ofCalifornia.

WHEREAS, City, on the
16th
dayofMarch,2010awardedtoContractorthefollowingProject:.

PROJECT NUMBER 2010- 01

BLACKBERRY FARM GOLF COURSE MAINTENANCE
NOW,THEREFORE,inconsiderationofthemutualcovenantshereinaftersetforth, ContractorandCityagree as follows:

Article 1. Work

1. 1 ContractorshallcompleteallWorkspecifiedintheContractDocuments,inaccordancewiththeSpecifications, Drawings,andallothertermsandconditionsoftheContractDocuments.

Article 2. AgencyandNoticesto City

2. 1 CityhasdesignatedDonMcCarthy,RecreationSupervisor,toactasCity'sAuthorizedRepresentative(s),whowillrepresentCityinperformingCity'sdutiesandresponsibilitiesandexercisingCity'srightsandauthoritiesinContractDocuments. Citymaychangetheindividual(s)actingasCity'sAuthorizedRepresentative(s),ordelegate oneormorespecificfunctionstooneormorespecificCity'sRepresentatives, includingwithoutlimitation engineering, architectural, inspectionandgeneraladministrativefunctions, atanytimewithnoticeandwithout liability to Contractor. EachCity'sRepresentativeisthebeneficiaryofallContractorobligationstoCity, includingwithoutlimitation,allreleasesandindemnities.

2. 2 AllnoticesordemandstoCityundertheContractDocumentsshallbetoCity'sAuthorizedRepresentativeat:
10300TorreAvenue, Cupertino,California95014ortosuchotherperson(s)andaddress(es)asCityshall provide to Contractor.

Article 3. Contract Time and Liquidated Damages

3. 1 Contract Time.

TheContractTimewill commencetorunonJuly1,2010.

Thetermofthiscontractshallbetwo(2)yearsfromthestartdateofthecontract. TheCityshallretaintheoptiontoextendthetermofthecontractonayear-to-yearbasisnotexceedingthree(3)yearsfromthe expirationoftheoriginalterm,forapossibletotaloffive(5)years.

Anysuchrenewalafterthefirsttwo(2)yearsshallbeaccomplishedbytheCityprovidingawrittennoticeofrenewaltotheContractoratleast30dayspriortoexpirationoftheterm. Anysuchrenewalshallcontainthesameprovisionsastheoriginalcontract, includingandincreaseordecreaseincompensationpaidtothe Contractor. AnyincreaseordecreaseinthepreviouscontractpriceshallbebasedontheannualpercentagechangeintheConsumerPriceIndex(CPI)asofApriloftheyeartheadjustmentisbeingmade. TheCPIshallbetheSanFrancisco/OaklandConsumerPrice:Indexforallurbanwageearners. TherewillbenoCPI adjustment during the firs two years of the contract.

City of Cupertino
00520- 1
Contract
BBF Golf Course Maintenance
Project No. 2010- 01

3. 2 Liquidated Damages.

City and Contractor recognizethat time is of the essenceof this Contract and that City will suffer financial loss in the form of contract administration expenses( such as project management and consultant expenses), if all or any part of the Work is not completedwithin the times specified above,plus any extensionsthereof'allowed in accordance with the Contract Documents. Consistent with Document 00700( General Conditions), Contractor and City agreethat becauseof thenatureof the Project, it would-be impractical or extremely difficult to fix the amount of actual damagesincurred by City becauseof a delay in completion of all or any part of the Work.

Accordingly, City andContractor agreethat asliquidated damagesfor delay Contractorshall pay City:

3. 2. 1 $ 150 for each Calendar Day that work is not completed as required.

3. 2. 2 $ 2, 000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS.

3. 2. 3 Three Months Salary for each Key Personnel named in Contractor' s SOQ pursuant to Article 2.G of Document 00450 ( Statement of Qualifications for Construction Work) who leaves the Project and/ or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor • can demonstrateto City' s satisfactionis beyond Contractor's control or without City approval.

Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damagessuffered by City resulting from delay in completion of the Work.

Contractor should be aware that California Department of Fish and Gain; and other State and Federal agencies, may also levy fines and penalties for the harming, harassingor killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements.

3. 3 Liquidated damagesfor delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damagessuffered by otherswho then seekto recover their damagesfrom City( for example, delay claims of other contractors, subcontractors, tenants, or other third- parties), and defense costs thereof.

Article 4. Contract Sum

In orderto induce City to enterinto this Contract,Contractormakesthe following representationsandwarranties:

5. 1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.

5. 2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of City of Cupertino 00520- 2 Contract
BBF Golf Course Maintenance
Project No. 2010- 01
physicalconditions, includingUndergroundFacilities, whichareidentifiedinDocument00320 (Geotechnical Data,HazardousMaterialsSurveysandExistingConditions),orwhichmayappearintheDrawings. Contractor acceptsthedeterminationsetforthin theseDocumentsandDocument00700 (GeneralConditions) of the limitedextentof theinformationcontainedin suchmaterialsuponwhichContractormaybeentitledto rely.

Contractoragreesthatexceptfor theinformationso identified, Contractordoesnot andshallnot rely onany other information containedin suchreports and drawings.

5. 3 Contractorhasconductedor obtainedandhasunderstoodall suchexaminations, investigations, explorations, tests, reportsandstudies (in additionto orto supplementthosereferredto in Section5.2 of thisDocument 00520) that pertainto the subsurfaceconditions, as-built conditions, undergroundfacilities, and all other physical conditions at or contiguousto the Site or otherwisethat may affect the cost,progress,performanceor furnishingofWork,asContractorconsidersnecessaryfortheperformanceorfurnishingofWorkattheContract Sum, withintheContractTimeandin accorlancewiththeothertermsandconditionsof theContract Documents, includingspecificallytheprovisions' of Document00700 (GeneralConditions); andnoadditional examinations, investigations, explorations, tests; reports, studiesorsimilarinformationor dataareor will be requiredby Contractorfor suchpurposes.

5. 4 Contractorhascorrelateditsknowledgeandtheresultsof all suchobservations, examinations, investigations, explorations,tests,reportsandstudieswith thetermsandconditionsof theContractDocuments.

5. 5 ContractorhasgivenCitypromptwrittennoticeofallconflicts,errors, ambiguities,ordiscrepanciesthatithas discoveredin oramongtheContractDocumentsandas-builtdrawingsandactualconditionsandthewritten resolutionthereofthroughAddendaissuedby Cityis acceptableto Contractor.

5. 6 Contractorisdulyorganized, existingandingoodstandingunderapplicablestatelaw, andisdulyqualifiedto conduct business in the State of California.

5. 7 Contractorhasdulyauthorizedtheexecution, deliveryandperformanceofthisContract, theotherContract DocumentsandtheWorktobeperformedherein. TheContractDocumentsdonotviolateorcreateadefault underanyinstrument,contract,orderordecreebindingonContractor.

5. 8 ContractorhaslistedSubcontractorspursuanttotheSubcontractorListingLaw, CaliforniaPublicContracting Code§4100etseq.indocument00340(SubcontractorsList)
Article 6. Contract Documents

6. 1 ContractDocumentsconsistof thefollowingdocuments,includingall changes,addenda,andmodifications thereto:

Document 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00460 Scheduleof Major EquipmentandMaterialsSuppliers Document 00481 Non- Collusion Affidavit
Document 00482 Bidder Certifications
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 ConstructionPerformanceBond
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00821 Insurance
Technical Specification/ Special Provisions
Addenda( s)
City of Cupertino 00520- 3 - Contract
BBF Golf Course Maintenance
Project No. 2010- 01

6. 2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700( General Conditions).

Article 7. Miscellaneous

7. 1 Termsusedin this Contractaredefinedin Document00700 (GeneralConditions) andwill havethe meaning indicated therein.

7. 2 It is understoodandagreedthatin noinstancearethepersonssigningthisContractfor or onbehalfof City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.

7. 3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the SubcontractorListing Law, California. Public Contracting Code§ 4100 et seq.

7. 4 The Contract Sum includes all allowances( if any).

7. 5 In entering into a public works contract or a subcontractto supply goods, services or materials pursuantto a public works contract, Contractor or Subcontractoroffers and agreesto assignto the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act( 15 U. S. C.§ 15) or under the Cartwright Act( Chapter 2( commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignmentshall be made andbecome effective at the time City tendersfinal payment to Contractor, without further acknowledgment by the parties.

7. 6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemedincluded in the ContractDocuments andon file at City' s office, or may be obtainedof the Stateof California web site http://www.dir.ca.gov/DLSR/PWD/Northem.html and shall be made availableto any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of theprovisionsof Section3700of theLaborCodewhichrequireeveryemployertobe insuredagainstliability for workers' compensation or to undertake self- insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents.

7. 7 Should any part, term or provision of this Contractor any of the Contract Documents,or any documentrequired herein or therein to be executedor delivered, be declaredinvalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity,- illegality or= enforceability may be waived, they arehereby waived to the endthat this Contract andthe Contract Documentsmay be deemedvalid andbindingcontracts, enforceablein accordancewith theirtermsto thegreatestextentpermittedby applicable law. In theeventanyprovisionnototherwiseincludedin theContractDocumentsis requiredtobeincludedby any applicable law, that provision is deemedincluded herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemedincluded in that portion).

7. 8 This Contract and the Contract Documents shall be deemedto have been enteredinto in the County of Santa Clara, State of California, and governed in all respects by California law ( excluding choice of law rules). The exclusivevenuefor all disputesor litigationhereundershallbein SantaClaraCounty. Both partieshereby waivetheir rightsunderCaliforniaCodeof Civil ProcedureSection394to file a motionto transferanyaction City of Cupertino 00520- 4 Contract
BBF Golf Course Maintenance
Project No. 2010- 01
or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedurein Document00700,Article 12,establishedundertheCaliforniaGovernmentCode,Title 1,Division 16, Part 3, Chapter 5.
00520 5 Contract
City of Cupertino i
BBF Golf Course Maintenance
Project No. 2010- 01
ovrP14
IN WITNESS WHEREOF theparties haveexecutedthis Contractin quadruplicatethe day andyear first abovewritten.

BLACKBERRY FARM GOLF COURSE MAINTENANCE
CITY: CONTRACTOR: y‘‘/
CITY OF CUPERTINO, a Municipal Corporation of the Professional Turf Management State of California
By: , 2'
Signature)
Attest:
y 1
rG/! Ue/ ( / CiSrZ
Kl Please print name here)
City Clerk: Kimberly ti 41
Appr e as to fog iu
by City Attorney: Title:

If Corporation: Chairman, President, or Vice President] City Attorney: By:

Signature]
I hereby certify, under penalty of perjury, that David W. Please print name here] Knapp, City Manager of the City of Cupertino wasduly
i authorized to execute this document on behalf of the City of Title:

Cupertino. If Corporation: Secretary,Assistant Secretary, Chief Financial Officer, or Assistant Treasurer)
Dated: S, / 8 . ( D 7ZCvo C- 2%
State Contractor' s License No. Classification
e2-`
2; i b , 3t 40 //
David W. Knapp, City Manager of the City of Cupertino, a Expiration Date Municipal Corporation of the State of California
Designated Representative: Taxpayer ID No. ( 2 ‘-" / 6 ( 7/ l
63 T
Tale: City, qrc t tcc< 1 1 Y-,.. I f. ; y
Ad( Ires, • i ' l' on' e Ave. Cup.
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Phon;. s ' ' 3354 Phone: `'- J S ' 3.1 -. 5,.G.cp Fae iusiic , w, i- 771.. 3333 Facsimile: ` i" OS'
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NOTARY ACICI90 DGEMj' f IS R14' Qp1RED. IF A
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California F
County of 407; 14 2A
4 Lou

9. toOnf-- 12, pro before me, t c- Ott I O l, q'- y c C Date Here In rt Name and Title of trfe Officer
personally appeared f i4
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personally Name( s) of Signer( s)
i
io
who proved to me on the basis of satisfactory
evidence to be the person ' f whose name =, aare
alc LOUIE subscribed to •• within instrument and acknowledged i` t Commission# 1678503 me tha he/they executed the same in :
i X0. 191 Notary Public- California i, s er/ their authorized capacity( ), and that by tt Z , F, Santa Clara county is er/ their signature on the instrument the vi
My Comm. Expires Jul 26, 2610 persona'j, or the entityuponbehalfof whichthe person(/ acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
Vc
paragraph is true and correct.
iici
WITNESS my ha • - nd
officia41. 0
Signature: > - s
Place Notary Seal Above ary Public

OPTIONAL
Though the information below is not required by law, iv may prove valuab son .. '•• •.. •- •.--. ent and could prevent fraudulent removal and reattachment of this form to another document. l Description of Attached Document ,
Title or Type of Document:
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Document Date: /? 4- C// / 7, .20/ 0 Number of Pages: -- 7" Signer( s) Other Than Named Above:

Capacityjs) Clef ed y Signer/ al
Si ner' s Name: Sign: r' s Name: 0
Corporate Officer— Title( s): es. 4,- 1 t Co ' orate O r icer— Title( s):

Individual RIGHT- THUMBPRINT El Indiv r ual RIGHT. THUMBPRINT', yl
OF SIGNER OF.SIGNER
Partner— Limited General Top of thumb here Partne —• Limited General T.p of thumb •re Attorney in Fact Attorney• Fact
Trustee
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Guardian or Conservator. Guardi. n or onservator
9 Other: f
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Signer Is Representing: 4 Signe Is Representing: j

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Project No. 2010- 01
L/ 1
DOCUMENT 00400

BID FORM
To be submitted as part of Envelope" A" by the time and date specified in Document 00200( Instructions to Bidders).

TO THE HONORABLE CITY COUNCIL OF' nig CTTY OF CUPERTINO THIS BID IS SUBMITTED BY:

Ppo4ssioI 1u/ 4 C tl€ rJ
Firm/ Company Name)
Re: PROJECT NUMBER 2010- 01

BLACKBERRY FARM GOLF COURSE MAINTENANCE

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino (" City") in the form included in the Contract Documents, Document 00520 ( Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non- responsive.

2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100( Advertisement for Bids), and Document 00200 ( Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening.

3. Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis andgivennotices,regardingtheProjectandtheSite,assetforth in Document00520(Contract),Article 5.

4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepanciesthat it has discoveredin or amongthe ContractDocumentsandas-built drawingsand actualconditionsand the written resolution thereof through Addenda issued by City is acceptable to Contractor.

5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430( Subcontractors List).

6. The undersigned Bidder understands that City reservesthe right to reject this Bid.

7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200( Instructions to Bidders) within the times specified therein,' These documents include, but are not limited to, Document 00520( Contract), Document 00610( Construction Performance Bond), and Document 00620( Construction Labor and Material Payment Bond).

8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page.

10. The undersigned Bidder herewith encloses cash, a cashier' s check, or certified check of or on a responsible bankin the United States,or acorporatesuretybond furnishedby asuretyauthorizedto do asuretybusinessin City of Cupertino Bid Form
BBF Golf Course Maintenance 00400- 1
Project No. 2010- 01
theStateof California, in formspecifiedin Document00200 (Instructionsto Bidders), in theamountof ten percent( 10%) of the total of Bid and made payable to the" City of Cupertino".

11. TheundersignedBidderagreesto commenceWorkundertheContractDocumentsonthedateestablishedin Document00700 (GeneralConditions) andto completeall work within thetime specifiedin Document00520 Contract). The undersignedBidder acknowledgesthat City has reservedthe right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independentworkattheSite,theextentofsuchworkmaynotbedetermineduntilaftertheopeningof theBids, andthattheundersignedBidderwill be requiedto cooperatewith suchotherwork in accordancewith the requirements of the Contract Documents.

Yoire6slovk
r^ fi / avictle / neh7—
City of Cupertino
Bid Form
BBF Golf Course Maintenance 00400- 2.

Project No. 2010- 01

SCHEDULE OF BID PRICES
All Bid items,including lumpsumsandunit prices,mustbe filled in completely. Quotein figuresonly, unlesswordsare specifically requested.

Specialty Items are identified on the Bid Form in the description.

ESTIMATED UNIT

ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL

1. Provide Maintenance at 12 Months '
85 p' s
g2. 0Blackberry Farm Golf Course U

2. Soil Sample Collection and 12 Each

00. °ITesting

TOTAL BID
7 72 , PRICE D Ili 05 . 4
1 jj
Total Bid. ONE. Dune -e Qce1k - auR f lOUSAJ -OUR.:/OSLO FILitifib
crsK lJ t
words)
Unit Legend
LS = Lump Sum AL= Allowance
EA= Each SF= Square Feet
LF= Linear Feet
TON= Ton or 2, 000 Pounds
CY= Cubic Yards
LB= Pounds
0// i pb 4r6` e-/ 6 2. v, 1
1_ pi) i¢ % t /
7 4, 4-
ley
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pod
3- 7Z-- Cv e://:1fX_2_
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it
or( 6'faiiage;neel1 •
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400- 3
1 Project No. 2010- 01

ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS
BidderherbyacknowledgesreceiptandexaminationofallContractDocumentsandthefollowingAddenda:

Addendum No. Addendum Date
217/ iv
Bidderproposesandagreestofully performtheWorkwithinthetimestatedandin strictaccordancewiththeContract Documents for the sums of money listed in this Bid Form. flan
NAME OF BIDDER: / 3Ctessranet lie /' aajeKrre—
p
licensed in accordance with an act for the registration of Contractors, and with license number: 0 2( SD g Expiration Date: / 0/ 3// / I
Cc? /,I rn i 4 Don / V ) t..) c?' 1
Where incorporated, if applicable
l R. 51 - c.

Principals
I certify(ordeclare)underpenaltyofperjurytnderthelawsoftheStateofCaliforniathattheforegoingistrue and correct.
deZdWa
Signature of Bidder
NOTE: If Bidderisacorporation,setforththelegalnameofthecorporation,statewhereincorporated,togetherwiththe signatureof theofficeror officersauthorizedtosigncontractsonbehalfof thecorporation.If Bidderisapartnership,set forththenameofthefirmtogetherwiththesignatureofthepartnerorpartnersauthorizedtosigncontractsonbehalfof the partnership.

Business Address: P O, eo x 700 o i ./ a.

San So• e, Cc. ' A5 / 70
Officers authorized to sign contracts: 1 o VI NO c, vn a n yl kc 4 s / e
yped\ Fu11 Name:

Telephone Number( s): 40. 10 0 16--
Fax Number( s): q 0?) Y7 7- 6. 0 / 1(
E- Mail Address:
rke t7a3, lc© ADT, m 1, Com

END OF DOCUMENT
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400- 4
Project No. 2010- 01
DOCUMENT 00430

SUBCONTRACTORS LIST
Bidder submitsthefollowing informationasto thesubcontractorsBidder intendsto employif awardedtheContract.

Description of Work:

Full Name of Subcontractor and Address Reference To Bid Items Subcontractor' s License No.

Bidder to attach additional sheets if necessary)
f
T r
iv (
Bidder

END OF DOCUMENT
City of Cupertino 00430- 1 Subcontractors List
BBF Golf Course Maintenance
Project No. 2010- 01
DOCUMENT 00460

SCHEDULE OF MAJOR EQUIPMENT AND MATERIAL SUPPLIERS
The undersignedBidder representsthat, if awardedthe Contract,the itemsof major equipmentand materials specifiedbelowwill besuppliedby themanufacturersor suppliersspecifiedbelow. By soindicating,bidderwarrants thattheequipmentandmaterialsmanufacturerand/or suppliedby thenamedmanufactureror supplierwill beprovided on the Projectunlessreview of submittalinformation or performanceundertestsrevealsthat the equipmentor material doesnotmeetContractrequirements. Failuretoindicateamanufacturerorsupplierlistedin thefollowingschedulemay rendertheBid non-responsiveandmaybethebasisfor rejectionof theBid.

Item
A
Manufacturer or Supplier
Ste-t- a YAcgf ccia- C
Bidder: Pa; / ttan1 r
AS°
I•
Oer
rr
a t a
DATE

END OF DOCUMENT
City of Cupertino

SCHEDULE OF MAJOR
BBF Golf Course Maintenance EQUIPMENT AND MATERIAL SUPPLIERS 00460- 1
Project No. 2010- 01
DOCUMENT 00481

NON- COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE§ 7106

NON- COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

STATE OF CALIFORNIA
ss.

COUNTY OF SGn/ c C/, c;. )
17 i c. ia. e / Sca5r. e being first duly sworn, deposes and says that he or she is icr, eirole Office of Affiant] of // oressio l Tv- FMancyr P. 47' [ Name of Bidder],thepartymakingtheforegoingBid,thattheBidisnotmadein theinterestof or onbehalfof anyundisclosed person, partnership, company, association, organization, or corporation; thattheBid is genuineandnot collusiveor sham;thatBidder hasnot directly or indirectly inducedor solicited any otherbidder to put in a false or shamBid, and hasnot directlyor indirectlycolluded, conspired, connivedor agreedwith anybidderor anyoneelseto putin a sham Bid, or thatanyoneshallrefrain from bidding,andthattheBidder hasnot in anymanner,directly or indirectly, soughtby contract, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any' advantage against the Cityof Cupertino, oranyoneinterestedintheproposedcontract;thatallstatementscontainedintheBidaretrue; and further, that Bidder has not, directly or indirectly, submittedits Bid price or any breakdownthereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, companyassociation, organization, Bid depository, or to any memberor agentthereofto effectuatea collusive or sham Bid.

Executedunderpenaltyof perjury underthelawsof theStateof California:
455 roKcz ffemfq,er7 e, 77—
Name of Bidder)
t/
Signature of Principal)
Subscribed and sworn before me d r C L 1I
SERJIO A. CANCHOLA
3i 4This day of 1( • 2010 Commission# 1645391

7.71/ 1741t-• ..tory Public- California
7 t- t, r San1a Clara County
Notary Public of the State of `/ iOZ/` J
In and for the County of 1K G MyComm.ErplresFeb14,2(110 My Commission expires 1-/ a ' Seal
If Bidder is apartnershipor ajoint venture,this affidavit mustbe signedand swornto by everymemberof the partnership or venture.)
If Bidder [includinganypartneror venturerof a partnershipor joint venture] is a corporation, thisaffidavit mustbe signedby theChairman,President, or Vice Presidentand by theSecretary, AssistantSecretary, Chief Financial Officer, or Assistant Treasurer.)
If Bidder' s affidavit on this form is made outside the State of California, the official position of the person takingsuchaffidavit shallbe certified accordingto law.)

END OF DOCUMENT
City of Cupertino 00481 - 1 Non- Collusion Affidavit
BBF Golf Course Maintenance
Project No. 2008- 9421
DOCUMENT 00530

INSURANCE FORMS

INSURANCE FORMS INSTRUCTIONS
FOR ITEMS 3, 4 AND 5, 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 Ccntractor.

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 Additional Insured and Primary Insurance and Notice of Cancellation- must be signedbytheinsuranceagentforgeneralliabilityandautomobileliabilityonly.

4. Comprehensivegeneralliability/commercialgeneralliability endorsementof aggregatelimits of insuranceper project- must be signedby the insurance agentfor general liability only.

5. Waiver of subrogation endorsement worker' s compensation insurance - must be signed by the insurance agent for worker' s compensation only.

City of Cupertino
Civic Center Fountain Upgrade 00530- 1 Insurance Forms

CITY OF
Project No. 2008- 9421

CUPERTINO INSURANCE AGREEMENT
IA. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker' s compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract.

B. Contractor and all subcontractors will carry worker' s compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City' s officers, agents and employees and shall issue an endorsement to the policy evidencing same.

C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder' s all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuanceof 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, exceptingworker's compensationcoverage, 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 ClassVII in accordancewith the current Best's Guide Rating or that is otherwise acceptableto the City.

D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty ( 30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insuranceshall not derogatefrom the provisions for indemnificationof the City by 1 Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respectto the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurancein amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City.

City of Cupertino
Civic Center Fountain Upgrade 00530- 2 Insurance Forms
i.

Project No. 2008- 9421
LIMITS
Worker' s Compensation In accordance with the Worker' s Compensationp Employers' Liability Act of the State of California— Worker' s comp statutory" per CA Law; Employers' Liability
1, 000, 000 per occurrence.

General Liability- commercial general liability; Combined single limit of$ 2. 0 million per including provisions for contractual liability, occurrence; $ 4. 0 million in the aggregate personal injury, independent contractors and
products— completed operations hazard.

Automobile Liability- comprehensive covering Combined single limit of$ 1. 0 million per owned, non- owned and hired automobiles. occurrence.

L OM a / ki 17, eme. s7
f By: !/
iC/ e //
Contractor' s Name)
v
Dated: // 2?// o 2010
City of Cupertino
Civic Center Fountain Upgrade 00530- 3 Insurance Forms

CITY OF
Project No. 2008- 9421I. 4„
K .,,
e' r

CUPERTINO

CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO
This certifiesto the City of Cupertinothatthefollowing describedpolicieshavebeenissuedto the insured narAed below and are in force at this time.

Insured: Y- o 5 tu- Y\ CLQ T
LAr- c rCvAma
y.

YY eni- 1- xhG
Address: 9. 0 ,'( 3t* c W 140-
Ste,
s..-
Lose... CCi4 ci 5( - TO— DI - 1
Description of operations/locations/products insured( show contract name and/or number, if any):

2.c. @\U-• irt., 6D t-F G o M--
Aa.%oS E?_____ G tt6.

L e * r. I U° Gi Jb -
WORKER' S COMPENSATION * Statutory Min.

Employer' s
uaYk ( çorGlujtL) Liability
name of insurer) //
i 1Ibbb1WO $ 10WNCOD $ ‘% bOD% OtO.

Insurance Company' s State License No. t) Pi-WC..-46- 31 t 1A I\ ( 1)48,-• Check Policy Type: Each Occurrence 1ibbb% ( AD .

COMPREHENSIVE GENERAL

LIABILITY
y.] Premises/ Operations General Aggregate I o oo, 06t)• 1 if applicable)
A Owners & Contractors
Protective Aggregate A+ b b b I abb .

Contractual for Specific
Contract Personal Injury
1ibC,O, c0o a,boo,buttcbaq
f] Products Liabili
XCU Hazards
fit] Broad Form P. D. Fire Damage( any one fire) $ } 00 t 000 • Severability of Interest
Clause
Personal Injury with Medical Expense 51 b bo,
Employee Exclusion Removed any one person)
W
or Self- Insured
i COMMERCIAL GENERAL LIABILITY Retention N
i
1 1 5 6 9- % hS way/ viz. n. c
name of ins} U
Policy No. (', LS 15( o l Expiration Date -/ f toy City of Cupertino
Civic Center Fountain Upgrade 00530- 4 Insurance Forms
Project No. 2008- 9421

AUTOMOTIVE/ VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident
Liability Coverage
1 Each Accident

STATE FARM INSURANCE
name of insurer)
or
Combined Single Limit $ 1, 000, 000.

Policy No. 191 4357- D04- 0513 Expiration Date 10/ 04/ 2010 BUILDER' S RISK" ALL RISK"
1Thisistocertifythatthefollowingpolicyhasbeenissuedbythebelow-statedcompanyin conformancewith the requirements of the projec.:documentsand is in force at this time.

N/ A
Name of insurer)
Policy No. Expiration Date
Limits of Liability: Deductible:

JPD A copyof allEndorsementstothepolicy(ies)whichin anyway agent' s initial) limit 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 alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or conditionof anycontractoranyotherdocumentwithrespectto whichthisCertificateof Insurance maybeissuedormaypertain, theinsuranceaffordedbythepoliciesdescribedhereinis subjectto all the terms, exclusions and conditions of such policies.

IT IS HEREBY CERTIFIEDthat the abovepclicy(ies) provideliability insuranceasrequiredby the A a e •,, o- ee.. the •' an' the insured.

By: r/%/_, . . i ' Dated: April 23, 2010 20
i lip ir' ' er -
1:'.ch Certificate of Insurance andAdditional Insured Endorsementon company forms.

City of Cupertino
Civic Center Fountain Upgrade 00530-: Insurance Forms

CITY OF
Project No. 2008- 9421
it/ ADDITIONAL INSURED ENDORSEMENT
y1. t P.
r> and

CUPERTINO ENDORSEMENT OF PRIMARY INSURANCE
and

NOTICE OF POLICY

CANCELLATION ENDORSEMENT
Project Title and Number: 60( 4- CZ'..w' -.
1 In considerationof thepolicy premiumandnotwithstandinganyinconsistentstatementin thepolicy to whichthisEndorsementis attachedor anyotherEndorsementattachedthereto, it is agreedas follows:

The City of Cupertino (" City") and its directors, officers, engineers, agents and employees, andall public agenciesfrom whompermitswill beobtainedandtheir directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are Iherebydeclaredtobeadditionalinsuredsunderthetermsofthispolicy,butonlywithrespecttothe1 operationsof the Contractorat or upon any of the premisesof the City in connectionwith the Contractwith theCity, or actsor omissionsof theadditionalinsuredsin connectionwith, but limited to its general supervision or inspection of said operations.

Theinsuranceaffordedby thispolicyisprimaryinsurance, andnoadditionalinsuranceheld or ownedby thedesignatedadditionalinsured(s) shallbe calleduponto covera lossundersaid additional policy.

Cancellation Notice. The insuranceafforded by this policy shall not be suspended,voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty ( 3©) days' prior writtennoticeby certifiedmail, returnreceiptrequested, hasbeengivento theCity of Cupertino,I(" City"). Such notice shall be addressedto the City as-indicated below.

POLICY INFORMATION

1. Insurance Company: S jg. 4S CULL 7- 4W Ur an.-- e- P-. etr-v- eivw6-

2. Insurance Policy Number: C,LS 16(Q5oi9.4

3. Effective Date of this Endorsement: a- 4 . 20 l O

4. Insured: Qro i- tti5512 nr Q ' ar- Ir e? i Q 4. 0 ' l4 All noticesherein provided to be givenby the InsuranceCompanyto the City in connection withthispolicyandtheseEndorsements, shallbemailed.to or deliveredto theCityat 10300Torre Avenue; Cupertino, California 95014. I
I, Vat. 1 N okcid), v V XL •' I D A ^ print/ type name) warrantthatI haveauthorityto bind thebelowlistedInsuranceCompanyandby my signature hereon do so bind this Company.

City of Cupertino
Civic Center Fountain Upgrade 00530- 6 Insurance Forms
Project No. 2008- 9421
Signature of Authorized Representati e:

Original signature required on all nth e tints W shed '' 5e District) Names of \'
tAgent/ Agency: Vb{ ep. 1-V\ StkravtC 2VV1LPG Title: barest Address: 101$ 5 rlY-'*• Telephone:( 4)- 6 9-413 (j) 31 l 4} Y Y1- of 0(- C) Facsimile: 2-.

City of Cupertino
Civic Center Fountain Upgrade 00530- 7 Insurance Forms
cirr of
Project No. 2008- 9421

COMPREHENSIVE GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY
J\

ENDORSEMENT OF AGGREGATE LIMITS OF

CUPERTINO INSURANCE PER PROJECT
Project Title and Number: ' NA c b.e.+r t!
to 6 0( f Cb U, -
In considerationof the policy premium andnotwithstandingany inconsistentstatementin the policy to which this Endorsementis attachedor any otherEndorsementattachedthereto,it is asfollows:

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

POLICY INFORMATION
n

1. Insurance Company: SC..ti Wig; raivcCQ, t . A- v,

2. Insurance Policy Number: Ct- 515( p50f

3. Effective Date of this Endorsement: 4- 20 J

4. Insured: o fcss 1) 1— W4- Mg netri
P. YYt e ir>k t ` f

5. Additional Insured: City of Cupertino, its directors, officers, agents and employees.

All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014.

I, V—.4 ft y b\ 1 print/ type name)
warrant that I have autIority to btad the below listed Insurance Company and by my signature hereon do so bind this Company.
11 Signature of Authorized Representati Qo` t) i I
Original signature required on all •• rs menus fi. tnis i d to the m" trict) i Names of
Agent/ Agency:\ Jt' pida. , suWaKrcServtZea hC, Title: v' eStd ^ k Address: Ft cS--- 91` - of Telephone:' 135-- ` I-) 13 LANl yyycht Q (, v), C -(-- 5° 5 0 Facsimile: q.35- a(- c 01 32-» City of Cupertino
Civic Center Fountain Upgrade 00530- 8 Insurance Forms

CITY OF
4 l// Project No. 2008- 9421

WAIVER OF SUBROGATION ENDORSEMENT

WORKER' S COMPENSATION INSURANCE

CUPERTINO
Project Title and Number: f(-1,0
In considerationof the policy premium andnotwithstanding any inconsistentstatementin the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows:

It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogationagainstthe City of Cupertino, andeachof its directors, officers, agents, consultants and employeesby reason of any payment made on account of injury, including death resulting therefrom, sustainedby any employeeof the insured, arising out of the performanceof the above- referenced Contract.

POLICY INFORMATION

1. Insurance Company: 6. (,((mt.,

2. Insurance Policy Number: 9 w L , D3Q3

3. Effective Date of this Endorsement 20lb

4. Insured: cD - 22S C4 V Ak,: t.' . 1AA 1 A A I
All notices herein provided to be given by the InsuranceCompanyto the City in connectionwith this policy and this Endorsement, shall be mailed to or delivered to the City at 10300Tone Avenue; Cupertino, California 95014.

I, i=- sC 1 V 0` brj print/ type name)
warrantthat I have authority t bind the below hued InsuranceCompanyandby my signaturehereondo IsobindthisCompany.
01Signature of Authorized Repres ntative: !
a, V
Original signature requir-+ on all E .• sementitu i hed to th, istrict) Names of
Agent/ Agency: TA _ i. • -& Title:
i_3\
l
Address: VI% j S4 Telephone: CI 3
Qr( r 04 kkt) Facsimile: 6135- V -
City of Cupertino
Civic Center Fountain Upgrade 00530- 9 insurance Forms
DATE( MMIDD/ YYY!)
4CORD, CERTIFICATE OF LIABILITY INSURANCE 4/ 19/ 2010

DUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION

ONLY AND'
olpatti Insurance Services HOLDER. THISOCERT

FICATER

OES NOTOAMEND, CEXTENDOR
985 First Street, Suite 205 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. i_ vermore, CA 94550
925) 243- 0131 INSURERS AFFORDING COVERAGE NAIC#
tiRED Professional Turf INSURER& NorGuard Insurance
Management, Inc- INSURERB: Scottsdale Insurance Company PO Box 700142 INSURER C:

San Jose, CA 95170- 0142 INSURER D:

I •

INSURER E

VERAGES
HE POLICIESOF INSURANCELISTEDBELOW HAVE BEEN ISSUEDTO THE INSUREDNAMEDABOVEFORTHE POLICYPERIODINDICATED.NOTWITHSTANDING

NYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHISCERTIFICATEMAYBE ISSUEDOR

MY PERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS,EXCLUSIONSANDCONDITIONSOFSUCH OLIC) ES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t % OWL POLICY EFFECTIVE POLICYEXPIRATION

INSRD TYPE OF INSURANCE POLICY NUMBER DATE( MMIDD/ YY) DATELMMIDD/ YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000
X COMMERCIAL GENERAL LIABILITY PREMISES( Ea occtrence) $ 100, 000 CLAIMS MADE X OCCUR MEDEXP( Any one person) _$ 5, 000 1 CLS1565924 4/ 1/ 09 4/ 1/ 10 PERSONAL 8ADVINJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2, 000, 000
GEM_ AGGREGATE LIMIT APPPUES PER PRODUCTS- COMP/ OP AGG $ 2, 0 0 0, 0 0 0 POLICY n JECTI LOG
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $

ANYAUTO
Ea accident)

ALL OWNED AUTOS BODILY INJURY

SCHEDULED AUTOS
Per person)

HIRED AUTOS BODILY INJURY

NON- OWNEDAUTOS
dent)
PROPERTY DAMAGE $
Peraccldent)
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $
ANYAUTO OTHER THAN E4 ACC $
AUTOONLY: AGG $
EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR 1 ICLAIMS MADE AGGREGATE '

DEDUCTIBLE
RETENTION 5

WORKERSCOMPENSATIONAND X I TORY IMITS IOER
EMPLOYERS' LIABILITY EL EACH ACCIDENT 1, 000, 000

ANY PROPRIETOR/ PARTNEMIXECVDVE
L
OFFICenINEMBEREXCWDED? PRWC120303 4/ 1/ 10 4/ 1/ 11 EL DISEASE- EA EMPLOYEE $ 1, 000, 000 uYes, describeunder
SPECIAL PROVISIONS below EL DISEASE- POLICY LIMIT $ 1, 0 0 0, 0 0 0 OTHER
SCRIPTIONOF OPERATIONS!LOCATIONS/VEHICLES/ EXCLUSIONSADDEDBYENDORSEMENT/SPECIALPROVISIONS ton: Blackberry Golf Course. , 22100 Stevens Creek Blvd, Cupertino CA 95014 See attached forms from the City of Cupertino.

RTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino DATE THEREOF, THE ISSUING INSURER WILLO MA5_ 30 DAYS WRITTEN 10300 Torre Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Cupertino CA 95014 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.

GCRESENTAT1VE
Al A
I VU'
1 1r l
ORD25( 2001/ D8) ACORD CORPORATION 1988
iTAI[ f lM
ollo CERTIFICATE OF INSURANCE
IMSYI NClO

SUCHINSURANCEASRESPECTSTHEINTERESTOFTHECERTIFICATEHOLDERNAMEDBELOWWILLNOTBE CANCELEDOR OTHERWISETERMINATEDWITHOUTGIVING10 DAYSPRIORWRITTENNOTICETO THE CERTIFICATEHOLDER, BUTINNOEVENTSHALLTHISCERTIFICATEBEVALIDMORETHAN30DAYSFROM THEDATEWRITTEN. THISCERTIFICATEOFINSURANCEDOESNOTCHANGETHECOVERAGEPROVIDEDBY ANY POLICY DESCRIBED BELOW.

This certifies that - STATEFARMMUTUALAUTOMOBILEINSURANCECOMPANYof Bloomington, Illinois STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois STATEFARMCOUNTYMUTUALINSURANCECOMPANYOF TEXASof Dallas,Texas STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coveragein forcefor the following NamedInsuredas shown below:

NAMED INSURED: BASILE, MICHAEL DBA PROFESSIONAL TURF MGT ADDRESS OF NAMED INSURED: 1310 SADDLE RACK ST APT 302, SAN JOSE CA 95126- 5105 POLICY NUMBER 191 9357- D04- 05B

EFFECTIVE DATE
OF POLICY 04/ 04/ 2010 to 10/ 04/ 2010

DESCRIPTION OF
VEHICLE( Including VIN) 05 FORD EXPED
LIABILITY COVERAGE ® YES NO YES NO YES NO YES NO

LIMITS OF LIABILITY
a. Bodily Injury
Each Person
Each Accident
b. Property Damage
Each Accident
c. Bodily Injury&
Property Damage
Single Limit 1, 000, 000
Each Accident

PHYSICAL DAMAGE

COVERAGES YES NO YES NO YES NO YES NO a. Comprehensive 250 Deductible $ Deductible $ Deductible $ Deductible

YES NO YES NO YES NO YES NO b. Collision 500 Deductible $ Deductible $ Deductible $ Deductible

EMPLOYERS NON- OWNED ,

NO YES NO YES NO YES NO

CAR LIABILITY COVERAGE

HIRED CAR LIABILITY

COVERAGE
YES NO YES NO YES NO YES 0 NO

FLEET- COVERAGE FOR

ALL OWNED AND LICENSED

MOTOR VEHICLES
YES NO YES NO YES .. . NO YES NO k_// a J
4 AGENT 2207 04/ 23/ 10
fgnature of Auth• ' zed Representative /, A
Title Agent' s Code Number Date
Name and Address of Certificate Hol• rr Name and Address of Agent

CITY OF CUPERTINO J PHILLIP DRIVER, III
10300 TORRE AVEENUE STATE FARM INSURANCE
CUPERTINO, CA 95014 120 W CAMPBELL AVE. STE A
CAMPBELL, CA 95008
INTERNAL STATE FARM USE ONLY: Request permanent Certificate of Insurance for liability coverage. 122429. 3 Rev. 07- 26- 2005 Ei Request Certificate Holder to added as an Additional Insured.

Project No. 2010 -01
DOCUMENT 00520
il

CONTRACT
2 4 /'
THIS CONTRACT, datedthis 17` dayof March, 2010, by andbetweenProfessionalTurf Management whose place of business is located at 510 Salmar Avenue, Campbell, CA 95008 ( " Contractor "), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ( " City ") actingunderandby virtue of the authority vestedin theCity by thelawsof theStateof California.

WHEREAS, City, onthe16 dayof March, 2010awardedtoContractorthefollowingProject:

PROJECT NUMBER 2010 -01

BLACKBERRY FARM GOLF COURSE MAINTENANCE
NOW, THEREFORE, in considerationof themutualcovenantshereinaftersetforth, ContractorandCityagree as follows:

Article 1. Work

1.1 Contractorshallcompleteall Workspecifiedin theContractDocuments, in accordancewiththeSpecifications, Drawings, andall othertermsandconditionsof theContractDocuments.

Article 2. Agency and Notices to City

2.1 CityhasdesignatedDonMcCarthy, RecreationSupervisor, toactasCity's AuthorizedRepresentative(s), whowill representCityin performingCity's dutiesandresponsibilitiesandexercisingCity's rightsandauthoritiesin ContractDocuments. Citymaychangetheindividual(s) actingasCity's AuthorizedRepresentative(s), ordelegate oneor morespecificfunctionsto oneor morespecificCity's Representatives, includingwithoutlimitation engineering, architectural, inspectionandgeneraladministrativefunctions, atanytimewithnoticeandwithout liability to Contractor. Each City's Representativeis the beneficiary of all Contractorobligationsto City, includingwithout limitation, all releasesandin3emnities.

2.2 All noticesordemandstoCityundertheContractDocumentsshallbetoCity's AuthorizedRepresentativeat:
10300TorreAvenue, Cupertino, California95014ortosuchotherperson(s) andaddress(es) asCityshall provide to Contractor.

Article 3. Contract Time and Liquidated Damages

3.1 Contract Time.

The Contract Time will commence to run on July 1, 2010.

Thetermof thiscontractshallbetwo (2) yearsfromthestartdateofthecontract. TheCityshallretainthe optiontoextendthetermofthecontractonayear -to -yearbasisnotexceedingthree (3) yearsfromthe expirationof theoriginalterm, forapossibletotalof five (5) years.

Anysuchrenewalafterthefirsttwo (2) yearsshallbeaccomplishedbytheCityprovidingawrittennoticeof renewaltotheContractoratleast30dayspriortoexpirationof theterm. Anysuchrenewalshallcontainthe sameprovisionsastheoriginalcontract, includingandincreaseordecreasein compensationpaidtothe Contractor. Anyincreaseordecreasein theprwiouscontractpriceshallbebasedontheannualpercentage changeintheConsumerPriceIndex (CPI) asofApriloftheyeartheadjustmentisbeingmade. TheCPIshall betheSanFrancisco /Oakland ConsumerPriceIndexfor all urbanwageearners. There will be no CPI adjustment during the firs two years of the contract.

City of Cupertino 00520 - 1 Contract
BBF Golf Course Maintenance
Project No. 2010 -01

3.2 Liquidated Damages.

City and Contractor recognize that time is of the essenceof this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Cor.. sistentwith Document 00700 (General Conditions), Contractor and City agree that becauseof the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work.

Accordingly, City and Contractor agreethat as liquidated damagesfor delay Contractor shall pay City:

3. 2.1 150 for eachCalendar Day that work is not completed asrequired.

3. 2.2 2, 000 for each occurrence of a vio. ation of Document 00800, Section 1.7 WORK DAYS AND HOURS.

3. 2.3 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control or without City approval.

Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damagessuffered by City resulting from delay in completion of the Work.

Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements.

3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damagesresulting from defective Work, lost revenues or costs of substitute facilities, or damagessuffered by others who then seek to recover their damagesfrom City (for example, delay claims of other contractors, subcontractors, tenants, or otter third - parties), and defense costs thereof.

Article 4. Contract Sum

4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit " A" attached Article 5. Contractor's Representations
In order to induce City to enter into this Contract, Contractor makes the following representations and warranties:

5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, acctal conditions, as -built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspectof the means, methods, techniques, sequencesor procedures of construction to be employed by Contractor and safetyprecautions and programs incident thereto.

5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as -built drawings, drawings, products specifications or reports, available for Bidding purposes, of City of Cupertino 00520 - 2 Contract
BBF Golf Course Maintenance
Project No. 2010 -01
physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in .such materials upon which Contractor may be entitled to rely.

Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings.

5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as -built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessaryfor the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes.

5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as -built drawings and actual conditions and the written resolution thereof through Addenda issuedby City is acceptableto Contractor.

5. 6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California.

5. 7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decreebinding on Contractor.

5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents

6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto:

Document 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00460 Schedule of Major Equipment and Materials Suppliers Document 00481 Non - Collusion Affidavit
Document 00482 Bidder Certifications
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00821 Insurance
Technical Specification/Special Provis ions
Addenda(s)
City of Cupertino 00520 - 3 Contract
BBF Golf Course Maintenance
Project No. 2010 -01

6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 Geotechnical Data, HazardousMaterial Surveysand Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented asprovided in Document 00700 (General Conditions).

Article 7. Miscellaneous

7.1 Termsusedin this Contractaredefinedin Document00700 (General Conditions) andwill havethe meaning indicated therein.

7. 2 It is understoodandagreedthat in no instancearethepersonssigningthis Contractfor or on behalfof City or acting as an employee, agent, or representativeof City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understoodand agreedthat liability of the City is limited and confined to such liability as authorizedor imposedby the Contract Documents or applicable law.

7.3 Contractorshall not assignany portion of the Contract Documents, and may subcontractportions of the ContractDocumentsonly in compliancewith the SubcontractorListing Law, California Public Contracting Code §4100 et seq.

7. 4 The Contract Sum includes all allowances (if any).

7.5 In enteringinto a public works contractor a subcontractto supplygoods, servicesor materialspursuantto a public workscontract, Contractoror Subcontractoroffersandagreesto assignto the awardingbody all rights, title andinterestin andto all causesof actionit mayhaveunderSection4 of theClaytonAct (15 U. S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and ProfessionsCode), arising from purchasesof goods, servicesor materialspursuantto the public works contractor the subcontract. This assignmentshallbe madeandbecomeeffectiveat the time City tendersfinal payment to Contractor, without further acknowledgment by the parties.

7. 6 Copiesof thegeneralprevailingratesof per diemwagesfor eachcraft, classification, or typeof workerneeded to executetheContract, asdeterminedby Directorof the Stateof CaliforniaDepartmentof IndustrialRelations, are deemed included in the Contract Document; and on file at City's office, or may be obtained of the State of California web site http:// www. dir. ca.gov/ DL3R/PWD/ Northern.html and shall be made available to any interestedparty on request. Pursuantto Section1861of the Labor Code, Contractorrepresentsthatit is aware of theprovisionsof Section3700of theLaborCodewhichrequireeveryemployerto be insuredagainstliability for workers' compensationor to undertakeself- insurancein accordancewith the provisionsof that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents.

7. 7 Shouldanypart, termor provisionof this Contractor anyof theContractDocuments, or anydocumentrequired hereinor thereinto be executedor delivered, be declaredinvalid, void or unenforceable, all remainingparts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impairedor affectedthereby. If the provisionsof any law causingsuchinvalidity, illegality or unenforceabilitymay be waived, theyareherebywaivedto theendthatthis Contractandthe ContractDocumentsmaybe deemedvalid andbinding contracts, enforceablein accordancewith their termsto the greatestextentpermittedby applicable law. In theeventanyprovisionnot otherwiseincludedin theContractDocumentsis requiredto beincludedby anyapplicablelaw, thatprovision is deemedincludedhereinby this reference(or, if suchprovisionis required to be includedin any particularportion of the ContractDocuments, that provision is deemedincludedin that portion).

7.8 This Contractandthe ContractDocumentsshall be deemedto havebeenenteredinto in the Countyof Santa Clara, Stateof California, andgovernedin all respectsby California law (excluding choiceof law rules). The exclusivevenuefor all disputesor litigation hereundershall be in SantaClara County. Both partieshereby waive their rights underCalifornia Codeof Civil ProcedureSection394to file a motion to transferanyaction City of Cupertino 00520 - 4 Contract
BBF Golf Course Maintenance
Project No. 2010 -01
or proceeding arising out of the Contract D acuments to another venue. Contractor accepts the Claims Procedurein Document00700, Article12, establishedundertheCaliforniaGovernmentCode, Title 1, Division

3.6, Part 3, Chapter 5.

City of Cupertino 00520 - 5 Contract
BBF Golf Course Maintenance
Project No. 2010 -01
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above w •

BLACKBERRY FARM GOLF COURSE MAINTENANCE
IP
CITY: CONTRACTOR:

CITY OF CUPERTINO, a Municipal Corporation of the Professional Turf Management State of California
B Or,.4,,./r CZ2Y•
Signature]
Attest:

Please print name here]
City Clerk: Kimber Smith
Approved as to form by City Attorney: Title: v C -
If Corporation: Chairman , President, or Vice President] City ey: By: V/A
Signature]
I hereby certify, under penalty of perjury, that David W. Please print name here] Knapp, City Manager of the City of Cupertino was duly
authorized to execute this document on behalf of the City of Title:

Cupertino. If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer]
Dated: I g. ( 05 0 C — 22
Se....1.)j
State Contractor's License No. Classification
CA) 0 / 3 ! /
Z 0 /
David W. Knapp, City Ma ager of the City of Cupertino, a Expiration Date Municipal Corporation of the State of California
c
Designated Representative: Taxpayer ID No. 0 6 — (
Name: Terry W. Greene, AIA Name: i G ,- 1 S, /e
Title: City Architect Title: f reS eit .

Address: 10300 Torre Ave., Cupertino, CA 95014 Address: PO. 6 i Scw3ne. (A ' SI7°
Phone: 408 - 777 - 3354 Phone: 3( 6 - 3866
Facsimile: 408- 777 - 3333 Facsimile: 7e: 43' O 95 - 60 54 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A
AMOUNT: $ 174, 420.00 4

CORPORATION, CORPORATE SEAL AND CORPORATE
ACCOUNT NUMBER: 560 - 6040- 7014 I Vj

NOTARY AC KNO WLEDEMENT AND FEDE T AX ID ARE
REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY
FILE NO.: 92, 054.14 NO. IS REQUIRED

END OF DOCUMENT
City of Cupertino 00520 - 6 Contract
BBF Golf Course Maintenance

CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
a*• . R 7 Y v- vv - -.. v r • v . i- Vii- . 7
AI
i, State of California
County of 544174d- 44
P,
On Ar---h-/2, before me, Oe—/-401-4/ i O"T Reu
Date t'-iereInsertNameandraleoftheOfficer
personally appeared R/ Cei/Aec-- T. 5iL6"
l Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person whosename Is re
subscribed to t - within instrument and acknowledged
to me thathe / they executedthe samein
er /their authorized capacity(, and that by
i
hi er/ their signatureson the instrument the
person) f, or the entityuponbehalfof whichthe
personlacted, executedtheinstrument.

I certify under PENALTY OF PERJURY under the
I ,, laws of the State of California that the foregoing 5 paragraph is true and correct.

WITNESS my - . nd and offici
r<
Signature: 11111 401111 x,''41,, Place Notary Seal Above Signs - o ota Public

OPTIONAL
Though the information below is not required by law, it may prove v. uabl- :. ersons rely) • •. ument and could prevent fraudulent removal and reattachment o is form to another documen . 7jl DescriptionofAttachedDocumenid
Title or Type of Document: e,,Qtii 4
1 Document Date: , ? 4- 6/ / 744 20/ O Number of Pages:

Signer(s) Other Than Named Above: I
p
Capacity( Claimed y S e
Signer's Name: Sig er's Na -:
0, EX Corporate Officer — Title(s):
f e. 7p s ) T El rporat- Officer — Title(s):

Individual RIGHT THUMBPRINTI n • VICIU .1 RIGHT THUMBPRINT

OF SIGNER OF SIGNER
l'
Partner — El Limited El General Top of thumb here Part - , — El Limited El General op of thumb here Attorney in Fact Attorn - in Fact
Trustee Trus - e
Guardian or Conservator Gu. dian o Conservator s ,,
El Other: f , 1;,..:: € c ”. Ot er:
i 1# w;
Signer Is Representing. Sig er Is Represen g:

A- a s.. Yti, q_ -+: n._.. sue.: 2 s#" A . k:` w6 –'o s.• ,• • ue.• 2009 National Notary Association • NationalNotary . org • 1- 800 - US NOTARY ( 1- 800 - 876 - 6827) Item # 5907 Project No. 2010 -01
EX }1113I1
DOCUMENT 00400

BID FORM
TobesubmittedaspartofEnvelope "A" bythetimeanddatespecifiedinDocument00200 (InstructionstoBidders).

TOTHEHONORABLECITYCOUNCILOFTHECITYOFCUPERTINO
THIS BID IS SUBMITTED BY:

P POeOJA I TtA rIANAG6rIEN't"
FirmiC' ompan Name)
Re: PROJECT NUMBER 2010 -01

BLACKBERRY FARM GOLF COURSE MAINTENANCE

1. TheundersignedBidderproposesandagrees, if thisBidisaccepted, toenterintoacontractwiththeCityofCupertino ( "City") intheformincludedintheContractDocuments, Document00520 (Contract), toperform andfurnishallWorkasspecifiedorindicatedintheContractDocumentsfortheContractSumandwithinthe ContractTimeindicatedin thisBidandin accordancewithall othertermsandconditionsof theContract Documents. AllportionsofthisBidFormmustbecompletedandsignedbeforethebidissubmitted. Failureto dosowill resultinthebidbeingrejectedasnon- responsive.

2. BidderacceptsallofthetermsandconditionsoftheContractDocuments, Document00100 (Advertisementfor Bids), andDocument00200 (InstructionstoBidders), including, withoutlimitation, thosedealingwiththe dispositionofBidSecurity. ThisBidwillremainsubjecttoacceptancefor90DaysafterthedayofBidopening.

3. BidderhasvisitedtheSiteandperformedallt&ks, research, investigation, reviews, examinations, andanalysis andgivennotices, regardingtheProjectandtheSite, assetforthinDocument00520 (Contract), Article5.

4. BidderhasgivenCitypromptwrittennoticeofallconflicts, errors, ambiguities, ordiscrepanciesthatit has discoveredinoramongtheContractDocumentsandas -built drawingsandactualconditionsandthewritten resolutionthereofthroughAddendaissuedbyCityisacceptabletoContractor.

5. SubcontractorsforworkincludedinallBiditems, inaccordancewiththecriteriainthePublicContractCode,arelistedontheattachedDocument00430 (SubcontractorsList).

6. TheundersignedBidderunderstandsthatCityreservestherighttorejectthisBid.

7. If writtennoticeoftheacceptanceofthisBid, hereinafterreferredtoasNoticeofAward, ismailedordelivered totheundersignedBidderwithinthetimedescribedinparagraph2ofthisDocument00400oratanyothertime thereafterbeforeitiswithdrawn, theundersignedBidderwillexecuteanddeliverthedocumentsrequiredbyDocument00200 (InstructionstoBidders) withinthetimesspecifiedtherein. Thesedocumentsinclude, butare notlimitedto, Document00520 (Contract), Document00610 (ConstructionPerformanceBond), andDocument00620 (ConstructionLaborandMaterialPaymentBond).

8. NoticeofAwardorrequestforadditionalinformationmaybeaddressedtotheundersignedBidderatthe addresssetforthbelowonthesignaturepage.

10. TheundersignedBidderherewithenclosescash, acashier's check, orcertifiedcheckoforonaresponsible bankintheUnitedStates, oracorporatesuretybandfurnishedbyasuretyauthorizedtodoasuretybusinessin City of Cupertino Bid Form
BBF Golf Course Maintenance 00400 - 1
Project No. 2010 -01
the State of Califomia, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent ( 10 %) of the total of Bid and madepayableto the "City of Cupertino ".

11. The undersignedBidder agreesto commence Work under the Contract Documents on the date establishedin Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencementdate. The undersignedBidderfurtheracknowledgesCity hasreservedthe right to perform independentwork at the Site, the extent of suchwork may not be determineduntil after the opening of the Bids, and that the undersigned Bidder will be required to cooperatewith such other work in accordancewith the requirements of the Contract Documents.

12. The undersigned Bidder agrees that, in accordancewith Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 Contract) shall be as set forth in Document 00520 (Contract). o ,635 / 0 I re 1 /)? e
U
Gti
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400 - 2
Project No. 2010 -01

SCHEDULE OF BID PRICES
All Bid items, including lump sumsand unit prices, must be filled in completely. Quote in figures only, unlesswords are specifically requested.

Specialty Itemsare identified on the Bid Form in the description.

ESTIMATED UNIT

ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL

1. Provide Maintenance at 12 Months
1`, $ ,Blackberry Farm Golf Course
I

2. Soil Sample Collection and 12 Each
2-Testing 50.' V ® 0 .

TOT AL BID
j2PRICE jl D
Total Bid: QINS kur . WO rte. f au Q -(?. /ZD h c sK Ada i j words)
Unit Legend
LS = Lump Sum AL = Allowance
EA = Each SF = Square Feet
LF = Linear Feet
TON = Ton or 2, 000 Pounds
CY = Cubic Yards
LB = Pounds
P reo 1 11 ;r' 1 ra aye
ine 1 "
fid
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400 - 3
Project No. 2010 -01

ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS
Bidderherbyacknowledgesreceiptandexaminationof all ContractDocumentsandthefollowingAddenda:

Addendum No. Addendum Date
2/
Bidderproposesandagreesto fully performtheWorkwithin thetimestatedandin strictaccordancewith theContract Documents for the sums of
money
listed in this Bid Form.

NAME OF BIDDER: ottessrora I I ofr ^ 7" eri
licensed in accordance with an act for the registration of Contractors, and with license number: F2 (SO g Expiration Date: 1
Ca / 1i^ in vaU+' tU
Where incorporated, if applicable q
f // ,( Jati t
Principals
I certify (or declare) underpenaltyof perjuryunderthelawsof theStateof Californiathattheforegoingis true and correct.

Signatureof Bidder
NOTE: If Bidderisacorporation, setforththelegalnameof thecorporation, statewhereincorporated, togetherwith the signatureof theofficeror officersauthorizedto signcontractsonbehalfof thecorporation. If Bidderis apartnership, set forth the nameof the firm togetherwith the signatureof the partner or partnersauthorizedto sign contracts on behalf of the partnership.

Business Address: P O, l3o x 700 / `/ Z
5a0 SOSe , Cc. 5 / 70
Officers authorized to sign contracts: v, / va v:'+ 1 a n, 4 4 i 6,1 s; /e
Typed Full Name:

Telephone Number(s): CgOV) 3 /1/ 4.5 3 8C
Fax Number(s): qo) o- 947
E -Mail Address: 7 i i Q oTin a , re aS C o

END OF DOCUMENT
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400 - 4
Project No. 2010 -01
DOCUMENT 00430

SUBCONTRACTORS LIST
BiddersubmitsthefollowinginformationastothesubcontractorsBidderintendstoemployifawardedtheContract.

Description of Work:

Full Name of Subcontractor and Address _ Reference To Bid Items Subcontractor's License No.

POrkit
Biddertoattachadditionalsheetsif necessary)
k45_5' / 0 o a / idv 16 ' 4 e mPn - r -

END OF DOCUMENT
f
C ity of Cupertino 00430 - 1 Subcontractors ListBBF Golf Course Maintenance Project No. 2010 -01
DOCUMENT 00460

SCHEDULEOFMAJOREQUIPMENTANDMATERIALSUPPLIERS
TheundersignedBidderrepresentsthat, ifawardedtheContract, theitemsofmajorequipmentandmaterialsspecifiedbelowwillbesuppliedbythemanufacturersorsuppliersspecifiedbelow. Bysoindicating, bidderwarrantsthattheequipmentandmaterialsmanufacturerand/or suppliedbythenamedmanufacturerorsupplierwillbeprovidedontheProjectunlessreviewofsubmittalinformationorperformanceundertestsrevealsthattheequipmentormaterialdoesnotmeetContractrequirements. FailuretoindicateamanufacturerorsupplierlistedinthefollowingschedulemayrendertheBidnon - responsiveandmaybethebasisforrejectionoftheBid.

Item
Manufacturer or Supplier
1 i e - e hA P ACQ. ' GGi-,7( g
Bidder: 1" la-4510.0 / I( ttanQ t
Alt 4e
elr
30 0
DATE

END OF DOCUMENT
City of Cupertino SCHEDULE OF MAJORBBF Golf Course Maintenance EQUIPMENT AND MATERIAL SUPPLIERS 00460 - 1
Project No. 2010 -01
DOCUMENT 00481

NON - COLLUSION AFFIDAVIT
PUBLICCONTRACTCODE §7106

NON - COLLUSIONAFFIDAVITTOBEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID

STATE OF CALIFORNIA
S T c /COUNTY
Ss.

TY
OF 4 a q' q )
UPS' / e being first duly sworn, deposes and says that he or she isJ ar es, a4kir OfficeofA:ffiant] of /90 TvfNla,,4ye,,,, -y- [NameofBidder], thepartymakingtheforegoingBid, thattheBiiisnotmadeintheinterestof, oronbehalfof, anyundisclosedperson, partnership, company, association, organization, orcorporation; thattheBidisgenuineandnotcollusiveorsham; thatBidderhasnotdirectlyorindirectlyinducedorsolicitedanyotherbiddertoputinafalseorshamBid, andhasnotdirectlyorindirectlycolluded, conspired, connivedoragreedwithanybidderoranyoneelsetoputinashamBid, orthatanyoneshallrefrainfrombidding, andthattheBidderhasnotinanymanner, directlyorindirectly, soughtbycontract, communicationorconferencewithanyonetofixtheBidpriceofBidderoranyotherbidder, ortofixanyoverhead, profitorcostelementoftheBidprice, orofthatofanyotherbidder, ortosecureanyadvantageagainsttheCityofCupertino, oranyoneinterestedintheproposedcontract; thatallstatementscontainedintheBidaretrue; andfurther, thatBidderhasnot, directlyorindirectly, submitteditsBidpriceoranybreakdownthereof, orthecontentsthereof, ordivulgedinformationordatarelativethereto, orpaid, andwillnotpay, anyfeetoanycorporation,partnership, companyassociation, organization, Biddepository, ortoanymemberoragentthereoftoeffectuateacollusive or sham Bid.

Executed under penalty of perjury under the laws of
the
of California: --
7- J
v j - P5. 5roya I C•, ^-f- Qti j''f soh9 .-7
Name of Bidder)
r
Signatureof Principal)
Subscribed and sworn before me 4) L.

This /,...5-e4 day of j 2010 omm1
A. #
164539
r• 1
Cornmission # 1645391
Z
000
c ri C DNotary Public of the State of 4 Vii;!' Santa r
Clara
blic
caul
In and for the County of G / // My Comm. Expires Feb 14, 2014 My Commission expires o2- 3 Seal
If Bidderisapartnershiporajointventure, this ;affidavitmustbesignedandsworntobyeverymemberofthepartnershipor venture.) If Bidder [includinganypartnerorventurerof .1partnershiporjointventure] isacorporation, thisaffidavit mustbesignedbytheChairman, President, orV;cePresidentandbytheSecretary, AssistantSecretary, ChiefFinancialOfficer, orAssistantTreasurer.) If Bidder's affidavitonthisformismadeoutsidetheStateofCalifornia, theofficialpositionofthepersontakingsuchaffidavitshallbecertifiedaccordingtolaw.)

END OF DOCUMENT
City of Cupertino 00481 - 1 Non - Collusion AffidavitBBF Golf Course Maintenance ACORDT„ CERTIFICATE OF LIABILITY INSURANCE

DATE ( MM/ DD/YYYY)
4/ 19/2010

PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION atti Insurance Services

ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Vol p HOLDER. THIS CERTIFICATEDOES NOT AMEND, EXTENDOR 1985 First Street, Suite 205 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

Livermore, CA 94550
925) 243 - 0131 INSURERS AFFORDING COVERAGE NAIC#
INSURED Professional Turf INSURERA: NorGuard Insurance Management, Inc. INSURERB: Scottsdale Insurance Company PO Box 700142 INSURER C:

San Jose, CA 95170 - 0142 INSURER D:

I
INSURER E:

COVERAGES
THEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED. NOTWITHSTANDINGANYREQUIREMENT, TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAIN, THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS, EXCLUSIONSANDCONDITIONSOFSUCH POLICIES. AGGREGATELIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS.

INSR R
INSR D

POLICY NUM DATE(MM/DD/ YY) DATE

POLICY LIMITS
L7 INSRD

GENERALL

INSURANCE

LIABILITY
EACH OCCURRENCE 1, 000,000

DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES ( Ea occurence) 100, 000

CLAIMS MADE X OCCUR
MED EXP ( Any one person) 5, 000
B CLS1565924 4/ 1/09 4/ 1/10 PERSONAL & ADVINJURY 1, 000,000 GENERAL AGGREGATE 2, 000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP / OP AGG $ 2, 000,000 POLICY 7 jECT LOC

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident)

ANYAUTO

ALL OWNED AUTOS BODILY INJURY
Per person)

SCHEDULED AUTOS

HIRED AUTOS BODILY INJURY
Peraccident)

NON- OWNED AUTOS

PROPERTY DAMAGE
Per accident)

GARAGE LIABILITY

AUTO ONLY -EA ACCIDENT

ANY AUTO OTHER THAN
EAACC $
AUTO ONLY: AGG $

EXCESS / UMBRELLA LIABILITY

EACH OCCURRENCE

OCCUR CLAIMS MADE

AGGREGATE

DEDUCTIBLE

RETENTION

WORKERS COMPENSATION AND

X TORYL MITS
OTH-
ER
EMPLOYERS' LIABILITY E. L. EACH ACCIDENT 1, 000,000

ANY PROPRIETOR/ PARTNER/EXECUTIVE
A OFFICER/ MEMBER EXCLUDED? PRWC 12 0 30 3 4/ 1/10 4 / 1 / 11 E. L. DISEASE - EA EMPLOYEE $ 1, 000,000 Ifyes, describe under
SPECIAL PROVISIONS below
E. L. DISEASE - POLICY LIMIT $ 1, 000,000
OTHER

DESCRIPTIONOFOPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONSADDEDBYENDORSEMENT / SPECIALPROVISIONS Re: Blackberry Golf Course., 22100 Stevens Creek Blvd, Cupertino CA 95014 See attached forms from the City of Cupertino.

CERTIFICATE HOLDER CANCELLATION

SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORETHEEXPIRATIO City of Cupertino
DATE THEREOF, THE ISSUING INSURER WILL S9CZAKO O MAIL30 DAYS WRITTEN 10300 Torre Avenue NOTICETOTHECERTIFICATEHOLDERNAMEDTOTHELEFT, BUTFAILURETO DOSOSHALL Cupertino CA 95014 IMPOSENO OBLIGATIONOR LIABILITYOF ANYKINDUPONTHE INSURER, ITSAGENTSOR REPRESENTATIVES.

AUTHO' D NTATIVE
cI
I
ACORD25(2001108) MII 1 Qt RD CORPORATION 1988

STAFF FARM
INSURANC® CERTIFICATE OF INSURANCE

SUCHINSURANCEASRESPECTSTHEINTERESTOFTHECERTIFICATEHOLDERNAMEDBELOWWILLNOTBE CANCELEDOROTHERWISETERMINATEDWITHOUTGIVING10 DAYSPRIORWRITTENNOTICETO THE CERTIFICATEHOLDER, BUTINNOEVENTSHALLTHISCERTIFICATEBEVALIDMORETHAN30DAYSFROM THEDATEWRITTEN. THISCERTIFICATEOFINSURANCEDOESNOTCHANGETHECOVERAGEPROVIDEDBYANY POLICY DESCRIBED BELOW.

This certifies that:

STATE FARMMUTUALAUTOMOBILEINSURANCECOMPANYofBloomington, Illinois STATEFARMFIREANDCASUALTYCOMPANYof Bloomington, Illinois STATEFARMCOUNTYMUTUALINSURANCECOMPANYOFTEXASof Dallas, Texas STATEFARMINDEMNITYCOMPANYof Bloomington, Illinois, or
STATEFARMGUARANTYINSURANCECOMPANYof Bloomington, Illinois hascoveragein forcefor thefollowingNamedInsuredas shownbelow:

NAMED INSURED: BASILE, MICHAEL DBA PROFESSIONAL TURF MGT ADDRESS OF NAMED INSURED: 1310 SADDLE RACK ST APT 302, SAN JOSE CA 95126 - 5105 POLICY NUMBER 191 4357- D04 - 05B

EFFECTIVE DATE
OF POLICY 04/ 04/2010 to 10/ 04/20__ 0

DESCRIPTION OF
VEHICLE ( Including VIN) 05 FORD EXPED

LIABILITY COVERAGE YES NO YES NO YES NO YES NO

LIMITS OF LIABILITY
a. Bodily Injury
Each Person
Each Accident
b. Property Damage
Each Accident
c. Bodily Injury &
Property Damage
Single Limit 1, 000,000
Each Accident

PHYSICAL DAMAGE

COVERAGES YES NO YES NO YES NO YES NO
a. Comprehensive 250 Deductible Deductible Deductible Deductible

YES NO YES NO YES NO YES NO
b. Collision 500 Deductible Deductible Deductible Deductible

EMPLOYERS NON -OWNED
CAR LIABILITY COVERAGE 111YES NO YES NO YES NO YES NO

HIRED CAR LIABILITY
NOCOVERAGE YES NO YES El NO YES NO YES

FLEET - COVERAGE FOR

ALL OWNED AND LICENSED

MOTOR VEHICLES ID YES NO YES NO YES NO YES NO
iatur /Let° aA: ttZA
AGENT 2207 04/ 23/10
e of Authoritbd Representative 61 , Title Agent's Code Number Date nd Address of Certificate Hol Name and Address of A• ent

CITY OF CUPERTINO J PHILLIP DRIVER, III
10300 TORRE AVEENUE SPATE FARM INSURANCE
CUPERTINO, CA 95014 120 W CAMPBELL AVE. STE A
CAMPBELL, CA 95008
INTERNAL STATE FARM USE ONLY: RequestpermanentCertificateof Insurancefor liabilitycoverage. 122429.3 Rev. 07 -26 - 2005 Request Certificate Holder to be added as an Additional Insured.

Project No. 2008 -9421
DOCUMENT 00530

INSURANCE FORMS

INSURANCE FORMS INSTRUCTIONS
FORITEMS3, 4 AND5, THEFORMSPROVIDEDBY THECITY OF CUPERTINO MUSTBEUSED. FORMSOTHERTHANTHESEWILL NOTBEACCEPTED.

ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE

1. Insurance Agreement - Must be signedby 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 sameinformation.

3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signedbytheinsuranceagentforgeneralliabilityandautomobileliabilityonly.

4. Comprehensivegeneralliability /commercialgeneralliabilityendorsementofaggregatelimitsofinsurance per project - mustbesignedbytheinsuranceagentforgeneralliabilityonly.

5. Waiver of subrogation endorsement worker's, compensation insurance - must be signedby the insuranceagentforworker's compensationonly.

City of Cupertino
Civic Center Fountain Upgrade 00530 - 1 Insurance Forms

CITY OF
v '
Project No. 2008 -9421

CUPERTINO INSURANCE AGREEMENT
A. Contractoris awareof the provisionsof Section3700of the LaborCode, which requires every employer to be insured against liability for worker's compensation or undertake self - insurancein accordancewith the provisionsof that Code, andwill complywith suchprovisions before commencingthe performanceof the work of this Contract.

B. Contractor and all subcontractors will carry worker's compensation insurance for the protectionof its employeesduringtheprogressof thework. Theinsurershallwaiveits rightsof subrogation against the City, the City's officers, agents and employees and shall issue an endorsementto the policy evidencingsame.

C. Contractorshallcarryat all tunes, on all operationshereunder, commercialgeneralliability insurance, automobileliability insuranceandbuilder's all risk insurance. All insurancecoverage shall be in amountsrequired by the City and shall be evidencedby the issuanceof a certificate in a form prescribedby the City andshallbe underwrittenby insurancecompaniessatisfactoryto the City for all operations, sub - contractwork, contractualobligations, productor completedoperations, all ownedvehiclesandnon -owned vehicles. Saidinsurancecoverageobtainedby theContractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agentsand employees, asdetenninedby the City, as additional insuredson said policies. Insurers must be licensed to do business in the State of California. The Insurers must also havean . "A" policyholder's ratingandafinancialratingof at leastClassVII in accordancewith the current Best's Guide Rating or that is otherwiseacceptableto the City.

D. Before Contractor performs any work at, or preparesor delivers materials to, the site of construction, Contractorshallfurnishcertificatesof insuranceevidencingtheforegoinginsurance coveragesandsuchcertificatesshallprovidethenameandpolicynumberof eachcarrierandpolicy andthat the insuranceis in forceandwill not be canceledor modifiedwithoutthirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurancecoveragesin force until the work under this Contract is fully completed. The requirement for carrying the foregoinginsuranceshall not derogatefrom the provisionsfor indemnificationof the City by Contractorunderthis Contractandfor the durationof the warrantyperiod. Notwithstandingnor diminishing the obligations of Contractorwith respectto the foregoing, Contractorshall maintain in full force andeffect during the life of this Contract, the following insurancein amountsnot lessthan the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptableto the City.

City of Cupertino
Civic Center Fountain Upgrade 00530 - 2 Insurance Forms Project No. 2008 -9421
LIMITS
Worker's Compensation InaccordancewiththeWorker's CompensationEmployers' Liability Act of the State of California — Worker's comp statutory" perCALaw; Employers' Liability
1, 000,000 per occurrence.

General Liability - commercial general liability; Combinedsinglelimitof $2.0 millionperincluding provisions for contractual liability, occurrence; $4.0 million in theaggregatepersonalinjury, independentcontractorsand products — completedoperationshazard.

Automobile Liability - comprehensive covering Combinedsinglelimit of $1.0 million perowned, non - owned and hired automobiles. occurrence. t P `S / Grit. l ' G • ^r f j, lpn401 t 7 By:i Ali , . it r .• 11Si , ' c Contractor's Name)
Dated: Z / 20 /0
City of Cupertino
Civic Center Fountain Upgrade 00530 - 3 Insurance Forms

CITY OF
Project No. 2008 -9421

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: k--2 SS I s I — it Aj 4-- Yyvk 1 'NCi
Address: 1
SCIIY1 k Ci C IS j 10
Description of operations /locations /
products
insured (show contract name and/or number, if any):

Ek ekb-e milt Ci 0 t
U1
vol,
WORKER'S COMPENSATION Statutory Min.

Employer's
t , c .c mr ( (r' oiaA4 Liability
name of insurer)
tfM1Insurance Company's State License No. M - 314 fl' ese Check Policy Type: Each Occurrence CUD •

COMPREHENSIVE GENERAL

LIABILITY

7.] Premises / Operations Ger. eral Aggregate X trap ) cfl5O . if a pplicable)
4 Owners & Contractors
Protective Aggregate I o 10131) •
Contractual for Specific
Contract Personal Injury
IeVOI tnr0 21mrnpi li
Products Liabili
XCU Hazards
Broad Form P. D. Fire Damage ( any one fire) OD MTV • Severability of Interest
Clause
Personal Injury with Medical Expense 5, tTI
Employee Exclusion Removed any one person)
or Self- Insured
COMMERCIAL GENERAL LIABILITY Retention
1( 1c ca. s u. A, ce,t___C
I5
name of insurer)
Policy No. C L5 p5 l Expiration Date b , ( 0
City of Cupertino
Civic Center Fountain Upgrade 00530 - 4 Insurance Forms Project No. 2008 -9421

AUTOMOTNE/ VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident
Liability Coverage
Each Accident

STATE FARM INSURANCE
name of insurer)
or
Combined Single Limit 1, 000,000.

Policy No. 191 4357 D04 - 05B Expiration Date 10/ 04/2010 BUILDER'S RISK " ALL RISK"
This is to certify that the following policy hasbeenissuedby the below- statedcompanyin conformancewith the requirementsof theproject documentsandis in force at this time.

N/ A
Name of insurer)
Policy No. Expiration Date
Limits of Liability: Deductible:

JPD A copy of all Endorsementsto thepolicy(ies) which in anyway agent's initial) limit the above - listed types of coverage are attached to this Certificate of Insurance.

This Certificate of Insuranceis not an insurancepolicy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other documentwith respectto which this Certificate of Insurance may be issuedor may pertain, the insuranceafforded by the policies describedherein is subjectto all the terms, exclusionsandconditions of suchpolicies.

IT IS HEREBY C ' TIFIED th. the above polcy(ies) provide liability insuranceas required by do
the A ._ - me I .
1' een e C' I . th
op
ured.

By' AN. A Dated: April 23, 2010 20
P illip Driv'r I
achCertificate of InsuranceandAdditional InsuredEndorsementon companyforms.

City of Cupertino
Civic Center Fountain Upgrade 00530 - 5 Insurance Forms

CITY OF
I Project No. 2008 -9421

ADDITIONAL INSURED ENDORSEMENT
p- and

CUPERTINO ENDORSEMENT OF PRIMARY INSURANCE
and

NOTICE OF POLICY

CANCELLATION ENDORSEMENT
Project Title and Number: 60 1- -
In considerationof the policy premium andnotwithstandingany inconsistentstatementin the policy to which this Endorsementis attachedor any ether Endorsementattachedthereto, it is agreedas follows:

The City of Cupertino ( "City ") and its drectors, officers, engineers, agentsand employees, andall public agenciesfrom whom permits will be obtainedandtheir directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are herebydeclaredto be additional insuredsunder the termsof this policy, but only with respectto the operations of the Contractor at or upon any of the premisesof the City in connection with the Contract with the City, or acts or omissions cf the additional insureds in connection with, but limited to its generalsupervisionor inspectionof saidoperations.

The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designatedadditional insured(s) shall be called upon to cover a loss under said additional policy.

Cancellation Notice. The insuranceafforded by this policy shall not be suspended, voided, canceled, reducedin coverageor in limits, or materially altered, exceptafter 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: JAL- A te. = AL W

2. Insurance Policy Number: C LS i P ,5' aLl--

3. Effective Date of this Endorsement: 20 j 0

4. Insured: 9y-c, 4- css ( 1 ^ lAh , IA t! i .' I I >..1 i - -- d
All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014.
o ( 8V print / type name)
warrant that I have autho`tity to bind the bel i listed In rance Company and by my signature hereon do so bind this Company.

City of Cupertino
Civic Center Fountain Upgrade 00530 - 6 Insurance Forms Project No. 2008 -9421
l ' 1
Signature of Authorized Represent. J jsgs
I i
Original signature required on a r - ments fj r i led to th istrict) Names of
Agent/ Agency: 1_ +
p_
V A A . i ' Title:

II `
A-•-4Address: Telephone: 9 3 1b
Li v via) b 0_,, CA4 Q Facsimile: q p 5 ? LE; bJJ- City of Cupertino
Civic Center Fountain Upgrade 00530 - 7 Insurance Forms

CITY OF
Project No. 2008 -9421
Ape,.

COMPREHENSIVEGENERAL LIABILITYp!' COMMERCIAL GENERAL LIABILITY

ENDORSEMENTOFAGGREGATELIMITS OF

CUPERTINO

INSURANCE PER PROJECT
Project Title and Number: N( 9,42...6 11
InconsiderationofthepolicypremiumandnotwithstandinganyinconsistentstatementinthepolicytowhichthisEndorsementisattachedoranyotherEndorsementattachedthereto, itisasfollows:

ThisEndorsementmodifiestheinsuranceprovidedundertheGeneralLiabilityCoveragepartofthebelow - referencedpolicyof insurance.

ThegeneralaggregatelimitunderLIMITSOFINSURANCEappliesseparatelytotheprojectdescribed as

POLICY INFORMATION

1. InsuranceCompany:a t 0—AA... I
A, e, `,
1p2. Insurance Policy Number: J L.S 16(4) 59 a +,

3. Effective Date of this Endorsement: Q-4- 2010
CPY04eZ.d. 4. Insured:

I (k Vl!.A ii :I :At' Jr.

5. AdditionalInsured: CityofCupertino, itsdirectors, officers, agentsandemployees.

AllnoticeshereinprovidedtobegivenbytheInsuranceCompanytotheCityinconnectionwith thispolicyandthisEndorsement, shallbemailedtoordeliveredtotheCityat10300TorreAvenue;Cupertino, California 95014.

I' 4 0 kA ( rint/ e na me) warrant that I have a thority t and the below listed : insurance Company and by my si hereonso bind this Company. y g do
Signature of Authorized Representative: I , i, • AveirOriginal signature required on al nth se 1 ents ; h i ed to th istrict) Names of
Agent/AgencyNpi, 6 -rhst W
3pc.„Title: idjbAddress: \ c1 ra a- on Telephone: 9-(19 0)Lv r k 04 C - f t Facsimile: q c3 U' i : - City of Cupertino
Civic Center Fountain Upgrade 00530 - 8 Insurance Forms

CITY OF
1 / Project No. 2008-9421

N WAIVER OF SUBROGATION ENDORSEMENT

WORKER'S COMPENSATION INSURANCE

CUPERTINO
L n
Project Title and Number:

Wr_....b..em (
1 o I T' A
In considerationof thepolicy premiumandnotwithstandinganyinconsistentstatementin thepolicy to which this Endorsement is attached or any other Endorsementattachedthereto, it is agreedas follows:

It is agreedthat with respectto suchinsuranceasis affordedby thepolicy, the InsuranceCompany waivesanyright of subrogationagainstthe City of Cupertino, andeachof its directors, officers, agents, consultantsand employeesby reasonof any paymentmade on accountof injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above - referenced Contract.

POLICY INFORMATION

1. Insurance Company: N ElUI ot,

2. Insurance Policy Number:

PR VJC., 1 ) Q2, O3

3. Effective Date of this Endorsement:
4 1 20 ID

4. Insured: y( 1,U1 "o LiJA toi. i //`f A
All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014.

I, Q AL i . V 0 1 print/ type name)
warrant tea I have aut to bind the b listed Insurance Company and by my signature hereon do sobind this Company.

Signature of Authorized Repre -ntative: Q 1
A Inf
Original signature required •n all Endo ements ed to theft• strict) Names of
r
Agent/ Agency: V v S1 h1f itle:

Address: t g `6-5 4 k C j Telephone: 3 b)
V Lv ,- Q e rat,Csi Q C.A. 1 Ci acsimile: c' C33 0 City of Cupertino
Civic Center Fountain Upgrade 00530 - 9 Insurance Forms

Cupertino City CouncilJune 21, 2022

Cupertino City Council
June 21, 2022