Cupertino City Council
June 21, 2022

1 FIFTH AMENDMENT TO AGREEMENT 15-206

BETWEEN THE CITY OF CUPERTINO AND

PROFESSIONAL TURF MANAGEMENT FOR

BLACKBERRY FARM GOLF COURSE

MAINTENANCE
This Fifth Amendment to Agreement 15-206between the City of Cupertino and Professional Turf Management, for referencedated 5/4/2020, is by and between the CITY OF CUPERTINO, a municipal corporation ( hereinafter "City") and ProfessionalTurf Management, a California Corporation (“Contractor”) whose address is P.O. Box 700142, SanJose, Ca. 95170, and is made with referenceto the following:

RECITALS:

A. On 12/3/2015, Agreement 15-206 (“Agreement”) was entered into by and between City and Contractor for Blackberry Farm Golf Course Maintenance and soil sample collection and testing.

B. On 7/1/2016, City and Contractor agreed to the First Amendment for Blackberry Farm Golf Course Maintenance and soil sample collection and testing.

C. On 7/1/2017, City and Contractor agreed to the SecondAmendment for Blackberry Farm Golf Course Maintenance and soil sample collection and testing D. On 7/1/2018, City and Contractor agreed to the Third Amendment for Blackberry Farm Golf Course Maintenance and soil sample collection and testing E. On 7/1/2019, City and Contractor agreed to the Fourth Amendment for Blackberry Farm Golf Course Maintenance and soil sample collection and testing F. TheAgreementand the First, Second, Third, and Fourth Amendmentsare collectively referred to asthe “Agreement” unlessotherwise indicated.

G. 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 asfollows:

1. TERM.

Paragraph 1 of the Agreement is modified to read asfollows: The Contractor shall continue work through June30, 2021, and shall diligently prosecute the work. The term of the Agreement shall terminate on June30, 2021, unless terminated earlier as 2 set forth herein.

2. SERVICESTO BE PERFORMED.

Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except asotherwise specified, and to do all work strictly in accordance with the Scopeof Work (seeExhibit A). The General and SpecialConditions, Technical Provisions and SpecialEnvironmental Conditions are hereby referred to and expressly made a part hereof with the sameforce and effect asif the samewere fully incorporated herein. Contractor further agreesto carry out its work in compliance with the City’s Shelter In Placeand SocialDistancing Requirements, attached here and incorporated asExhibit A-A.

3. Exhibit A-A, attached hereto, is added to the Agreement.

4. COMPENSATION TO CONTRACTOR.

Paragraph 3 of the Agreement is modified to read asfollows: Contractor shall be compensatedfor servicesperformed pursuant to this Agreement in the amount and manner set forth in Contractor’s bid, which is attached hereto asExhibit B-3 and incorporated herein by reference.

5. Exhibit B-2 of the Agreement is replaced with new Exhibit B-3 attached hereto.

6. Except asexpressly modified herein, all other terms and covenantsset forth in the Agreement shall remain the sameand shall be in full force and effect.

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

CONTRACTOR
By
Title
Date________________________________

CITY OF CUPERTINO
By
Title
Date________________________________

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Michael Basile
Owner
Jun 16, 2020
Heather M. Minner
Deborah L. Feng
Jun 21, 2020
City Manager
Kirsten Squarcia 6/ 22/ 20
3 EXPENDITURE DISTRIBUTION
PO #2016-398 560-63-616700-702
Original $ 99,600.00
Amendment # 1: $ 205,200.00
Amendment # 2: $ 205,200.00
Amendment # 3: $ 205,200.00
Amendment # 4: $ 205,200.00
Amendment # 5: $ 205,200.00
Total: $ 1,125,600
Revised: June5, 2020 – PublicWorksContracts
1 ExhibitA-A – SHELTERIN PLACEANDSOCIALDISTANCINGREQUIREMENTS A. HealthLawsAcknowledged. It isacknowledgedthat Consultant’s/Contractor’s Contractor”) duty to complywith Laws, asdefinedin Section13of the Contract/Agreement Contract”), includesimmediatecomplianceby Contractorandits subcontractorswith the restrictionson travelandthe SocialDistancingRequirementssetforth in the mostrecenthealth order issuedby the Countyof SantaClaraHealthDepartmentin responseto the COVID-19 pandemic, andanysubsequentamendmentsor supersedingordersthereto (the “Health Order”), andanyother local, state, or federallawsthat havebeenor maybe enactedin responseto the COVID-19pandemic (collectively, “HealthLaws”).

B. HealthOrderCompliance. Contractorshallcomplywith anyrestrictionson travelandsocial distancingrequirementsin the HealthOrderwhenpreformingwork underthis Contract. If a scopeof work item, noticeto proceed, or work orderunderthis Contractspecifieswork that cannotbeperformedin compliancewith the HealthOrderor other HealthLaws, Contractor shallrefrainfrom conductingthe work andimmediatelyinform the City.

C. Individualsat HighRiskof SevereIllness. Nothingin this Contractshallbe interpretedto requireanypersonat highriskof severeillnessfrom COVID-19to leavetheir residenceto performwork underthe Contract. Contractorwill inform the Cityif other arrangementsfor the work mustbe made, andCitywill do so, with no penaltyto Contractor, althoughContractorwill not be compensatedfor work performedby the Cityor third parties. Informationfrom the Centerfor DiseaseControl ("CDC") on "highrisk" categoriesisavailableat the CDC'swebsiteat:
https:// www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html.

D. HealthOrderRequirementsandBestPractices. Contractorwill immediatelyundertakeall appropriatemeasuresto ensurecompliancewith the SocialDistancingRequirementsin the HealthOrderby all individualson anyprojectsiteor work areaperformingwork underthis Contract, includingContractor'sor anysubcontractor'sworkers, employees, representatives, vendors, or suppliers (collectively, "workers"), andshallmaintainthesemeasuresfor aslongas requiredby the HealthOrderor other HealthLaws. In particular, Contractormustcomplywith the provisionsof AppendixB-1 or B-2 (attachedhereto) to the HealthOrder, asapplicable.

Further, aslongasrequiredby the operativeHealthOrderincludingAppendixB-1 or B-2, or other HealthLaws, thesemeasuresshallinclude, but arenot limited to, the followingbest practices:

1. Information. Inform all workersof the SocialDistancingRequirementsandthesebest practices, includinganyupdatesor modifications, andrequirecomplianceasa condition to beingpresenton the projectsiteor work area.

2. SickWorkers. Prohibitanyindividualswho havebeententativelyor conclusively diagnosedwith COVID-19or who haveanysymptomsof illness, includingthe following, from enteringor remainingon the projectsiteor work area: fever, cough, shortnessof Revised: June5, 2020 – PublicWorksContracts
2 breath, sorethroat, bodyaches, chills, suddenlossof smellor tasteor other flu-like symptoms. Encouragesickworkersto get immediatemedicalattention. a. DailyScreening. Asupervisormustaskthe followingquestionsof eachworker beforethe workerispermitted to enter the projectsiteor work areaeachday, anda workerwho responds "yes" to anyoneof the followingquestionsmustbe askedto leaveimmediatelyandwill not bepermitted backon the projectsite or work areauntil clearedbasedon meetingthe applicablerequirementssetforth in the CDC'sInterim Guidanceon Discontinuationof HomeIsolationfor Persons with COVID-19 (https://www.cdc.gov/coronavirus/2019-ncov/hcp/disposition-in- home-patients.html):
1) Haveyouhadanyof the followingsymptomswithin the past14days:
fever, cough, shortnessof breath, sorethroat, bodyaches, chills, sudden lossor smellor taste, or anyother flu-like symptoms?
2) Haveyouor anyonein yourhouseholdbeenin contactwith a person that hasbeendiagnosedwith, hassymptomsof, or isbeingtestedfor COVID-19?
3) Haveyoubeenmedicallydirectedto self-quarantinedueto possible exposureto COVID-19?

3. Signage/Posters. In compliancewith the HealthOrder, posta SocialDistancing Protocol, substantiallyin the form attachedto the HealthOrderasAppendixA, at all project siteor work areaentry points, andin other areaswherethey arelikelyto be seen (e.g., projecttrailers, sanitaryfacilities, breakareas). TheSocialDistancingProtocol mustexplainhow Contractorisachievingcompliancewith socialdistancing requirements. Resourcesfor this purposeareavailablefrom the CDCat:
https:// www.cdc.gov/coronavirus/2019-ncov/community/guidance-business- response.html A copyof the SocialDistancingProtocolmustalsobeprovidedto each employeeperformingwork at the projectsiteor work area.

4. SanitaryFacilities. Ensureadequatehandwashingand/or hand-sanitizingfacilitiesare availableat all timesandencouragefrequenthandwashingand/or hand-sanitizing throughoutthe dayasspecifiedbelow. Portablesanitaryfacilitiesmustbe servicedand cleanedon a dailybasis. Providehandsanitizerin or aroundall toilet facilitiesand commonareas, includingprojecttrailers.
a. Handwashing. Washhandsusingsoapandwater for at least20seconds. b. Hand-sanitizer. Useahandsanitizerthat containsat least60-95% alcohol whenhandwashingisnot immediatelyavailable.

Revised: June5, 2020 – PublicWorksContracts
3 c. PaperProducts. Ensurethat toilet paper, tissues, andpapertowelsare availableasappropriate, with designatedreceptaclesfor disposal.

5. Distancing. Prohibitworkersfrom beinglessthan sixfeet apart, unlessandonlyto the extentthat would compromiseworkersafetyor violatesafetyLawsfor specific operations. Prohibithandshakingor anyphysicalcontactamongworkers, with the sole andlimited exceptionof anyphysicalcontactrequiredfor worker safetyor to comply with safetyLaws. Avoidsharingtoolsto the extentpossible. Requireworkersto provide their own transportationwherepossibleandto avoidhavingmorethan two workersin a vehicle.

6. Groups/Meetings/SiteAccess. Avoidanygroupgatheringsof 10or morepeople. Use electronicalternativesto in personmeetings, e.g., conferencecalls, video-conferencing, etc., to the greatestextentpossible. Limitaccessto the projectsiteor anywork areato workerswho arenecessaryto performthe work at that time. Allownon-essential personnelto work from hometo the extentpossible. Avoidall non-essentialtravel. Do not stacktradesif possible.

7. FrequentCleaning. Providefor regularandappropriatecleaningof all hightouch surfacesat a projectsiteor work area, including, but not limited to, sharedtoolsor equipment, doorknobsandhandles, toolboxes, sanitaryfacilities, commonbreakareas, keypads, touchscreens, projecttrailer surfacesandequipment, light or powerswitches, workstations, countertops, breakareas, andthe like. Cleanand/or disinfectanyreusable itemsor equipment. Cleansurfacesof sharedvehicles, includingsteeringwheels, gear shifts, handles, instrumentpanels, etc. Ensurethat cleaningproductsareusedcorrectly andsafely, andavoidcleaningtechniques, suchasuseof pressurizedair or water sprays, that maygeneratebioaerosols.

8. PersonalProtectiveEquipment. Whenworkerscannotavoidcloseproximityor physicalcontact, e.g., basedon applicablesafetylaws, or areotherwiseat riskfor exposureto COVID-19, ensurethat the affectedworkersareprovidedwith appropriate personalprotectiveequipment ("PPE"), whichmayincludedisposableglovesand/or other PPE. Instructworkersto washor sanitizehandsafter removingglovesor other PPE. Ensurethat all personalprotectiveequipmentisdisposedof properly.

9. Water andFood. Prohibitsharedor communalfood or commonwater coolers.

Provideindividualwater bottlesfor workersor instructworkersto bringtheir own.

10. Enforcement. Immediatelyejectanyworkerwho failsor refusesto complywith the HealthLaws, SocialDistancingRequirements, or thesebestpracticesfrom the project siteuntil or unlessthe ProjectManagerissuesa written authorizationfor the workerto return, subjectto full compliance.

Revised: June5, 2020 – PublicWorksContracts
4 F. Proofof Compliance. If Contractorissubjectto AppendixB-1 of the HealthOrder, Contractor mustprovideto the Citythe nameandcontactinformationfor its designatedsite-specific COVID-19 supervisor(s). If Contractorissubjectto AppendixB-2 of the HealthOrder, Contractor mustprovideto the Citya copyof its Site-SpecificHealthandSafetyPlan. Anychangesto the COVID-19supervisoror the Site-SpecificHealthandSafetyPlanmustbe reportedto the City immediately.

E. Oversight. In other to ensurethat all workerscomplywith the SocialDistancing Requirementsto the extentpossible, Contractorshalldesignatea namedindividualto have primaryresponsibilityfor implementationandenforcementof the SocialDistancing Requirementsandthesebestpractices, andto serveasthe primarypoint of contactwith the Cityin this regard. Contractorshallpromptly inform the Cityof the nameof this individual.

F. ChangedRequirements. It isunderstoodandacknowledgedthat circumstancespertainingto the COVID-19pandemicareevolvingrapidlyandthat newlocal, state, or federalrequirements maymodifythe requirementsunderthis Exhibit. Contractoragreesto work cooperativelywith the Cityto implementnew or changedrequirementsasquicklyaspossible.

G. Subcontracts. Contractorshallincludethe termsof this Exhibitin all subcontractsand requireanyagents, subcontractors, or subconsultantsto complywith its provisions.

Attachmentsto ExhibitA-A
AppendixB-1 to June5, 2020HealthOrder
AppendixB-2 to June5, 2020HealthOrder
1228578.4
Appendix B-1
Effective June 5, 2020)
1 Small Construction Project Safety Protocol

1. Any construction project meeting any of the following specifications is subject to this Small Construction Project Safety Protocol (“SCP Protocol”), including public works projects unless otherwise specified by the Health Officer:
a. For residential projects, any single- family, multi- family, senior, student, or other residential construction, renovation, or remodel project consisting of 10 units or less. This SCP Protocol does not apply to construction projects where a person is performing construction on their current residenceeither alone or solely with membersof their own household. b. For commercial projects, any construction, renovation, or tenant improvement project consisting of 20,000 square feet of floor area or less. c. For mixed- use projects, any project that meets both of the specifications in subsection 1.a and

1.b.
d. All other construction projects not subject to the Large Construction Project Safety Protocol set forth in Appendix B- 2.

2. The following restrictions and requirements must be in place at all construction job sites subject to this SCP Protocol:
a. Comply with all applicable and current laws and regulations including but not limited to OSHA and Cal- OSHA. If there is any conflict, difference, or discrepancy between or among applicable laws and regulations and/or this SCP Protocol, the stricter standardshall apply. b. Designatea site-specific COVID- 19 supervisor or supervisorsto enforce this guidance. A designated COVID- 19 supervisor must be present on the construction site at all times during construction activities. A COVID- 19 supervisor may be an on-site worker who is designated to serve in this role.
c. The COVID- 19 supervisor must review this SCP Protocol with all workers and visitors to the construction site.
d. Establish a daily screeningprotocol for arriving staff to ensurethat potentially infected staff do not enter the construction site. If workers leave the jobsite and return the same day, establisha cleaning and decontamination protocol prior to entry and exit of the jobsite. Post the daily screening protocol at all entrances and exits to the jobsite. More information on screeningcan be found online at: https://www. cdc.gov/coronavirus/2019- ncov/ community/ index. html.
e. Practice social distancing by maintaining a minimum six- foot distance between workers at all times, except asstrictly necessaryto carry out a task associatedwith the construction project.

Appendix B-1
Effective June 5, 2020)
2 f. Where construction work occurs within an occupied residential unit, separatework areas must be sealed off from the remainder of the unit with physical barriers such as plastic sheetingor closed doors sealedwith tape to the extent feasible. If possible, workers must access the work area from an alternative entry/ exit door to the entry/ exit door used by residents. Available windows and exhaustfans must be usedto ventilate the work area. If residents have access to the work area between workdays, the work area must be cleaned and sanitized at the beginning and at the end of workdays. Every effort must be taken to minimize contact between workers and residents, including maintaining a minimum of six feet of social distancing at all times.
g. Where construction work occurs within common areasof an occupied residential or commercial building or a mixed- use building in use by on- site employees or residents, separatework areasmust be sealedoff from the rest of the common areaswith physical barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must accessthe work areafrom an alternative building entry/exit door to the building entry/ exit door used by residents or other users of the building. Every effort must be taken to minimize contact betweenworker and building residentsand users, including maintaining a minimum of six feet of social distancing at all times. h. Prohibit gatherings of any size on the jobsite, including gatherings for breaks or eating, except for meetings regarding compliance with this protocol or asstrictly necessaryto carry out a task associated with the construction project.
i. Cal- OSHA requires employers to provide water, which should be provided in single- serve containers. Sharing of any of any food or beverageis strictly prohibited and if sharing is observed, the worker must be sent home for the day.
j. Provide personal protective equipment ( PPE) specifically for use in construction, including gloves, goggles, face shields, and face coverings asappropriate for the activity being performed. At no time may a contractor secure or use medical- grade PPE unless required due to the medical nature of a jobsite. Facecoverings must be worn in compliance with the April 17, 2020 Guidance from the County of Santa Clara Public Health Department, available at: https://www. sccgov.org/sites/covid19/Pages/learn-what-to-do.aspx#howto. k. Strictly control “choke points” and “high-risk areas” where workers are unable to maintain six- foot social distancing and prohibit or limit use to ensure that six- foot distance can easily be maintained betweenindividuals.
l. Minimize interactions and maintain social distancing with all site visitors, including delivery workers, design professional and other project consultants, government agency representatives, including building and fire inspectors, and residentsat residential construction sites.
m. Stagger trades as necessary to reduce density and allow for easy maintenance of minimum six-foot separation.

Appendix B-1
Effective June 5, 2020)
3 n. Discourage workers from using others’ desks, work tools, and equipment. If more than one worker uses these items, the items must be cleaned and disinfected with disinfectants that are effective against COVID- 19 in betweenuseby eachnew worker. Prohibit sharing of PPE. o. If hand washing facilities are not available at the jobsite, place portable wash stations or hand sanitizers that are effective against COVID- 19 at entrances to the jobsite and in multiple locations dispersedthroughout the jobsite aswarranted.
p. Clean and sanitize any hand washing facilities, portable wash stations, jobsite restroom areas, or other enclosed spaces daily with disinfectants that are effective against COVID- 19.

Frequently clean and disinfect all high touch areas, including entry and exit areas, high traffic areas, rest rooms, hand washing areas, high touch surfaces, tools, and equipment q. Maintain a daily attendance log of all workers and visitors that includes contact information, including name, phone number, address, and email.
r. Posta notice in an areavisible to all workers and visitors instructing workers and visitors to do the following:
i. Do not touch your face with unwashedhandsor with gloves. ii. Frequently wash your hands with soap and water for at least 20 seconds or use hand sanitizer with at least 60% alcohol.
iii. Clean and disinfect frequently touched objects and surfaces such as work stations, keyboards, telephones, handrails, machines, sharedtools, elevator control buttons, and doorknobs.
iv. Cover your mouth and nosewhen coughing or sneezing, or cough or sneezeinto the crook of your arm at your elbow/ sleeve.
v. Do not enter the jobsite if you have a fever, cough, or other COVID- 19 symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at home. vi. Constantly observeyour work distancesin relation to other staff. Maintain the recommended minimum six feet at all times when not wearing the necessary PPE for working in close proximity to another person.
vii. Do not carpool to and from the jobsite with anyone except members of your own householdunit, or asnecessaryfor workers who have no alternative meansof transportation.
viii. Do not sharephonesor PPE.
s. In the event of a confirmed caseof COVID- 19 at any jobsite, the following must take place:
i. Immediately remove the infected individual from the jobsite with directions to seekmedical care.
ii. Each location the infected worker was at must be decontaminatedand sanitized by an outside vendor certified in hazmat clean ups, and work in theselocations must ceaseuntil decontamination and sanitization is complete.
iii. The County Public Health Department must be notified immediately by both telephone (by calling 408.885.4214) and by email (by sending an email to [email protected]).

Any requirements specified by the County health officials must be completed, including full compliance with any tracing efforts by the County.

Appendix B-2
Effective June 5, 2020)
1 Large Construction Project Safety Protocol

1. Any construction project meeting any of the following specifications is subject to this Large Construction Project Safety Protocol (“LCP Protocol”), including public works projects unless otherwise specified by the Health Officer:
a. For residential construction projects, any single- family, multi- family, senior, student, or other residential construction, renovation, or remodel project consisting of more than 10 units.
b. For commercial construction projects, any construction, renovation, or tenant improvement project consisting of more than 20,000 squarefeet of floor area. c. For construction of Essential Infrastructure, asdefined in section 16.c of the Order, any project that requires 20 or more workers at the jobsite at any one time.

2. The following restrictions and requirements must be in place at all construction job sites subject to this LCP Protocol:
a. Comply with all applicable and current laws and regulations including but not limited to OSHA and Cal- OSHA. If there is any conflict, difference or discrepancy betweenor among applicable laws and regulations and/or this LCP Protocol, the stricter standard will apply.
b. Prepare a new or updated Site- Specific Health and Safety Plan to address COVID- 19-related issues, post the Plan on-site at all entrancesand exits, and produce a copy of the Plan to County governmental authorities upon request. The Plan must be translatedasnecessaryto ensurethat all non-English speaking workers are able to understand the Plan.
c. Provide personal protective equipment ( PPE) specifically for use in construction, including gloves, goggles, face shields, and face coverings asappropriate for the activity being performed. At no time may a contractor secure or use medical- grade PPE, unlessrequired due to the medical nature of a job site. Facecoverings must be worn in compliance with the April 17, 2020 Guidance from the County of Santa Clara Public Health Department, available at:
https://www. sccgov.org/sites/covid19/Pages/learn-what-to-do.aspx#howto. d. Ensurethat employeesare trained in the useof PPE. Maintain and make available a log of all PPE training provided to employees and monitor all employees to ensureproper useof the PPE.
e. Prohibit sharing of PPE.

Appendix B-2
Effective June 5, 2020)
2 f. Implement social distancing requirements including, at minimum:
i. Staggerstop- and start-times for shift schedulesto reducethe quantity of workers at the jobsite at any one time to the extent feasible. ii. Staggertrade-specific work to minimize the quantity of workers at the jobsite at any one time.
iii. Require social distancing by maintaining a minimum six-foot distance between workers at all times, except as strictly necessary to carry out a task associatedwith the project.
iv. Prohibit gatherings of any size on the jobsite, except for safety meetings or asstrictly necessaryto carry out a task associatedwith the project. v. Strictly control “ choke points” and “high- risk areas” where workers are unable to maintain minimum six-foot social distancing and prohibit or limit use to ensure that minimum six- foot distancing can easily be maintained betweenworkers.
vi. Minimize interactions and maintain social distancing with all site visitors, including delivery workers, design professional and other project consultants, government agency representatives, including building and fire inspectors, and residentsat residential construction sites. vii. Prohibit workers from using others’ phones or desks. Any work tools or equipment that must be usedby more than one worker must be cleanedwith disinfectants that are effective against COVID- 19 before use by a new worker.
viii. Place wash stations or hand sanitizers that are effective against COVID- 19 at entrancesto the jobsite and in multiple locations dispersedthroughout the jobsite as warranted.
ix. Maintain a daily attendancelog of all workers and visitors that includes contact information, including name, address, phone number, and email. x. Post a notice in an areavisible to all workers and visitors instructing workers and visitors to do the following:

1. Do not touch your face with unwashedhandsor with gloves.

2. Frequently wash your hands with soap and water for at least 20 secondsor usehand sanitizer with at least 60% alcohol.

3. Clean and disinfect frequently touched objects and surfaces such as workstations, keyboards, telephones, handrails, machines, shared tools, elevator control buttons, and doorknobs.

4. Cover your mouth and nosewhen coughing or sneezingor cough or sneeze into the crook of your arm at your elbow/ sleeve.

5. Do not enter the jobsite if you have a fever, cough, or other COVID- 19 symptoms. If you feel sick, or have beenexposedto anyone who is sick, stay at home.

6. Constantly observeyour work distancesin relation to other staff.

Maintain the recommended minimum six- feet distancing at all times when not wearing the necessaryPPE for working in close proximity to another person.

7. Do not sharephonesor PPE.

Appendix B-2
Effective June 5, 2020)
3 xi. The notice in section 2.f. x must be translated as necessary to ensure that all non-English speaking workers are able to understandthe notice. g. Implement cleaning and sanitization practices in accordancewith the following:
i. Frequently clean and sanitize, in accordance with CDC guidelines, all high- traffic and high-touch areasincluding, at a minimum: meeting areas, jobsite lunch and break areas, entrances and exits to the jobsite, jobsite trailers, hand- washing areas, tools, equipment, jobsite restroom areas, stairs, elevators, and lifts. ii. Establish a cleaning and decontamination protocol prior to entry and exit of the jobsite and post the protocol at entrancesand exits of jobsite. iii. Supply all personnel performing cleaning and sanitization with proper PPE to prevent them from contracting COVID- 19. Employees must not sharePPE. iv. Establish adequate time in the workday to allow for proper cleaning and decontamination including prior to starting at or leaving the jobsite for the day. h. Implement a COVID- 19 community spreadreduction plan aspart of the Site-Specific Health and Safety Plan that includes, at minimum, the following restrictions and requirements:
i. Prohibit all carpooling to and from the jobsite except by workers living within the same household unit, or as necessary for workers who have no alternative means of transportation.
ii. Cal- OSHA requires employers to provide water, which should be provided in single- servecontainers. Prohibit any sharing of any food or beverageand if sharing is observed, the worker must be sent home for the day.
iii. Prohibit useof microwaves, water coolers, and other similar sharedequipment. i. Assign a COVID- 19 Safety Compliance Officer ( SCO) to the jobsite and ensurethe SCO’s name is posted on the Site- Specific Health and Safety Plan. The SCO must:
i. Ensureimplementation of all recommendedsafety and sanitation requirements regarding the COVID- 19 virus at the jobsite.
ii. Compile daily written verification that eachjobsite is compliant with the components of this LCP Protocol. Each written verification form must be copied, stored, and made immediately available upon requestby any County official. iii. Establish a daily screening protocol for arriving staff, to ensure that potentially infected staff do not enter the construction site. If workers leave the jobsite and return the same day, establish a cleaning and decontamination protocol prior to entry and exit of the jobsite. Postthe daily screeningprotocol at all entrancesand exit to the jobsite. More information on screening can be found online at: https://www. cdc.gov/coronavirus/2019-ncov/community/ index.html. iv. Conduct daily briefings in personor by teleconferencethat must cover the following topics:

1. New jobsite rules and pre-job site travel restrictions for the prevention of COVID- 19 community spread.

2. Review of sanitation and hygiene procedures.

3. Solicitation of worker feedback on improving safety and sanitation.

4. Coordination of construction site daily cleaning/sanitation requirements.

5. Conveying updated information regarding COVID- 19.

Appendix B-2
Effective June 5, 2020)
4 6. Emergency protocols in the event of an exposure or suspected exposure to COVID- 19.
v. Develop and ensure implementation of a remediation plan to address any non- compliance with this LCP Protocol and post remediation plan at entrance and exit of jobsite during remediation period. The remediation plan must be translated as necessary to ensure that all non- English speaking workers are able to understand the document.
vi. The SCO must not permit any construction activity to continue without bringing such activity into compliance with these requirements.
vii. Report repeatednon-compliance with this LCP Protocol to the appropriate jobsite supervisorsand a designatedCounty official.
j. Assign a COVID- 19 Third- Party Jobsite Safety Accountability Supervisor (JSAS) for the jobsite, who at a minimum holds an OSHA- 30 certificate and first- aid training within the past two years, who must be trained in the protocols herein and verify compliance, including by visual inspection and random interviews with workers, with this LCP Protocol. i. Within seven calendar days of each jobsite visit, the JSAS must complete a written assessment identifying any failure to comply with this LCP Protocol. The written assessment must be copied, stored, and, upon request by the County, sent to a designated County official.
ii. If the JSAS discovers that a jobsite is not in compliance with this LCP Protocol, the JSAS must work with the SCO to develop and implement a remediation plan. iii. The JSAS must coordinate with the SCO to prohibit continuation of any work activity not in compliance with rules statedherein until addressedand the continuing work is compliant.
iv. The remediation plan must be sent to a designatedCounty official within five calendardaysof the JSAS’s discovery of the failure to comply. k. In the event of a confirmed caseof COVID- 19 at any jobsite, the following must take place:
i. Immediately remove the infected individual from the jobsite with directions to seek medical care.
ii. Each location the infected worker was at must be decontaminatedand sanitized by an outside vendor certified in hazmat clean ups, and work in theselocations must cease until decontamination and sanitization is complete.
iii. The County Public Health Department must be notified immediately by both telephone ( by calling 408. 885. 4214) and by email ( by sending an email to coronavirus@phd. sccgov. org). Any requirements specified by the County health officials must be completed, including full compliance with any tracing efforts by the County.
l. Where construction work occurs within an occupied residential unit, any separatework area must be sealed off from the remainder of the unit with physical barriers such as plastic sheetingor closed doors sealedwith tape to the extent feasible. If possible, workers must access the work area from an alternative entry/ exit door to the entry/ exit door used by Appendix B-2
Effective June 5, 2020)
5 residents. Available windows and exhaust fans must be used to ventilate the work area. If residentshave accessto the work areabetween workdays, the work areamust be cleanedand sanitized at the beginning and at the end of workdays. Every effort must be taken to minimize contact betweenworkers and residents, including maintaining a minimum of six feet of social distancing at all times.
m. Where construction work occurs within common areas of an occupied residential or commercial building or a mixed-usebuilding in useby on-site employeesor residents, any separate work area must be sealed off from the rest of the common areas with physical barriers such asplastic sheetingor closed doors sealedwith tape to the extent feasible. If possible, workers must access the work area from an alternative building entry/ exit door to the building entry/exit door usedby residentsor other usersof the building. Every effort must be taken to minimize contact between worker and building residents and users, including maintaining a minimum of six feet of social distancing at all times.

EXHIBIT B-3

COMPENSATION

COMPENSATION
Payment for servicesto be performed in Fiscal Year 2020-21 From July 1, 2020to June 30, 2021shall be $17,000.00per month for maintenance activities asdescribed in Exhibit A, plus $100.00per eachsoil sample and testing with a maximum Quantity of 12.

Payment for servicesto be performed in Fiscal Year 2020-21 shall not exceed $205,200as noted below.

Item Unit Qty Unit Price Total Cost
Blackberry Farm Month 12 $ 17,000.00 $ 204,000.00
Golf Course Maintenance
Soil Sampling Collection Each 12 $ 100.00 $ 1200.00 TOTAL FEEfor services, Fiscal Year 2020-21, Not to Exceed: $ 205,200.00

Ple as e fold a nd tea r here
PolicyNumber: 1914357-D04-05J
PreparedJanuary22, 2020
Pagenumber1 of 5
1004583 143562 202 01-15-2018
AT2
StateFarmMutualAutomobileInsuranceCompany
POBox853922
Richardson, TX 75085-3922
A- 0264 A

BASILE, MICHAEL

DBA PROFESSIONAL TURF MGT
1310 SADDLE RACK ST APT 302
SAN JOSE CA 95126- 5105

AUTORENEWAL
AMOUNTDUE: $517.17
Paymentis due by April 04, 2020
Your StateFarm Agent

JOSEPHFRANGIEHINSAGYINC
Office: 408-793-8303
Address: 120W CAMPBELLAVESTEA
CAMPBELL, CA95008-1044
Ifyouhavea newordifferentcar, haveaddedanydrivers, orhavemoved, pleasecontactyouragent.

Thank you for choosing StateFarm.

Policy Number: 1914357-D04-05J
PolicyPeriod: April4, 2020to October4, 2020
Vehicle:
2013FORDEDGE
Principal Driver:

MICHAELBASILE
CONVENIENTPAYMENTOPTION: Youmayuseoneof
StateFarm’s alternatepaymentplanswhichdividesyour
presentpremiumintotwoseparatepayments.

Youmaypayonehalfof theamountdue, $258.58, plusa
handlingchargeof $2.00. Theamountdueon APR04 2020
willbe $260.58.

TheremaininghalfwillbedueonJUN032020. We’ll send
youa remindernotice.

Whenyouprovidea checkas payment, youauthorizeus
eitherto useinformationfromyourcheckto makea
one-timeelectronicfundtransferfromyouraccountor to
processthepaymentas a checktransaction. Whenweuse
informationfromyourcheckto makean electronicfund
transfer, fundsmaybewithdrawnfromyouraccountas soon
as thesamedaywereceiveyourpayment, andyouwillnot
receiveyourcheckbackfromyourfinancialinstitution.

Insured: BASILE, MICHAEL
PolicyNumber: 1914357-D04-05J
Amount Due: $517.17
Pleasepay by April 04, 2020
Makepaymentto StateFarm
For Offic e Us e Only AUTO REN $ 517. 17 0426
3-A3 A 0264-FB0C
APPDT05-14-2020 MUTLVOL
10026058 359009500051717 805200191435711102>
0209004267
State Farm Insurance Companies
P. O. Box 680001
Dallas, TX 75368- 0001
Power To Pay
Your Way
Online
statefarm.com/pay
Mobile
Use the
State Farmmobileapp
Call
Automated Line: 1-800-440-0998
Youragent: 408-793-8303
Mail
Sendus
a check
Visit your
State Farm
agent
Key code: 1682102759
PolicyNumber: 1914357-D04-05J
PreparedJanuary22, 2020
Pagenumber2 of 5

VEHICLE INFORMATION
Review your policy information carefully . If anything is incorrect, or if thereareany changes toyour vehicle information, please letus know rightaway.

Vehicle Description
Vehicle Identificatio n
Number (VIN) Who principally drives this vehicle? How is this vehicle normally used ? 2013FORDEDGE 2FMDK3JC1DBA83377 MICHAELBASILE, a divorcedindividual, whowill have41 yearsof driving
experienceas of April04, 2020.

Business.

Other Household Vehicle (s)
Your premiummay beinfluenced by other StateFarm
policies thatcurrently insurethefollowing vehicle (s)
in your household:
2019FORDF150
Thepremiumon theexpiringpolicytermwasbasedon
15,900milesperyear.

Thepremiumon therenewalpolicytermwasbasedon
15,900milesperyear.

Thepremiumfor thisrenewalwasdeterminedusingan
annualmileagethisvehicleis expectedto bedriventhat
wasdevelopedfrominformationweobtainedor was
providedby you. Pleasecontactus if youexpectyour
annualmileageto changeoverthenextyear.

PremiumAdjustment
Eachyear, wereviewourmedicalpaymentsandpersonal
injuryprotectioncoveragesclaimexperienceto determine
thevehiclesafetydiscountthatis appliedto eachmakeand
model. In addition, wereviewthecomprehensive, collision, bodilyinjuryandpropertydamageclaimexperience
annuallyto determinewhichmakesandmodelshave
earneddecreasesor increasesfromStateFarm’s standard
rates. If anychangesresultfromourreviews, adjustments
arereflectedin theratesshownonthisrenewalnotice.

We’ve taken the hassle out of online
bill payment.

Go to statefarm. com/ pay to make a payment.

We’re here to help life go right with secu re, sim pler way to pay.

As secure as it
is convenient.

PolicyNumber: 1914357-D04-05J
PreparedJanuary22, 2020
Pagenumber3 of 5

DRIVER INFORMATION
Assigned Driver(s )
Thefollowing driver(s) areassignedtothe vehicle (s) on this policy.

Name
Driving Experience as of
April04, 2020
Marital
Status
MICHAEL BASILE 41 years Divorced
Principal Driver & Assigned Drivers
Foreachautomobile, the Principal Driver is theindividual whomostfrequentlydrivesit.

Eachdriveris designatedas an Assigned Driver onthe
householdautomobilethattheymostfrequentlydrive. Your
premiummaybeinfluencedby theinformationshownfor
thesedrivers.

COVERAGE AND LIMITS Seeyour policyfor an explanation of thesecoverages.

A Liability1,000,000
BodilyInjury & PropertyDamage $ 274.74
C MedicalPayments 10,000 $ 14.06
D 250DeductibleComprehensive $ 36.26
G 500DeductibleCollision $ 135.18
H EmergencyRoadService $ 4.23
U UninsuredMotorVehicle
BodilyInjury250,000/500,000 $ 50.05
U1 UninsuredMotorVehicle
PropertyDamage $ 2.65
Amount Due $ 517.17
If anycoverageyoucarryis changedto givebroader
protectionwithno additionalpremiumcharge, wewillgive
youthebroaderprotectionwithoutissuinga newpolicy,
startingonthedateweadoptthebroaderprotection.

DISCOUNTS Theseadjustmentshavealreadybeenappliedto yourpremium.

Discount Name
MultipleLine P
Multicar P
VehicleSafety P
DrivingSafetyRecord P
CaliforniaGoodDriver P
Loyalty P
Total Discounts $ 2,076.36
Other Available Discount(s )
You may beeligible foradditional discounts
See the enclosed insertfor more information.

MatureDriver
Please fold and tear here
Policy Number: 273 4810- A07-05E
Prepared April 24, 2020
Page number 1 of 5
1004583 143562 202 01-15-2018
AT2
State Farm Mutual Automobile Insurance Company
PO Box 853919
Richardson, TX 75085- 3919
A- 0264 A

BASILE, MICHAEL

DBA PROFESSIONAL TURF MGT
1310 SADDLE RACK ST APT 302
SAN JOSE CA 95126- 5105

AUTO RENEWAL
AMOUNT DUE: $ 706. 90
Payment is due by July 07, 2020
Your State Farm Agent

JOSEPH FRANGIEH INS AGY INC
Office: 408- 793- 8303
Address: 120 W CAMPBELL AVE STE A
CAMPBELL, CA 95008- 1044
Ifyouhaveanewordifferentcar, haveaddedanydrivers, orhavemoved, pleasecontactyouragent.

Thank you for choosing State Farm.

Policy Number: 273 4810- A07- 05E
Policy Period: July 7, 2020 to January 7, 2021
Vehicle:
2019 FORD F150
Principal Driver:

MICHAEL BASILE
CONVENIENT PAYMENT OPTION: You may use one of
State Farm' s alternate payment plans which divides your present premium into two separate payments.

You may pay one half of the amount due, $ 353. 45, plus a handling charge of $ 2.00. The amount due on JUL 07 2020 will be $ 355. 45.

The remaining half will be due on SEP 05 2020. We' ll send you a reminder notice.

Your auto insurance rates are impacted by the mileage your vehicle is driven. To ensure we' ve priced our insurance coverage accurately based on the number of miles you
drive, we obtained valid mileage information for this vehicle through a third party provider and/ or from you. Annual mileage was determined using this data and applied. Please contact your State Farm agent with questions within 30 days of your policy' s renewal date.
continued on next page )
Insured: BASILE, MICHAEL
Policy Number: 273 4810- A07- 05E
Amount Due: $ 706. 90
Please pay by July 07, 2020
Make payment to State Farm
For Office Use Only AUTO REN $ 706. 90 0729
3-A3 A 0264- FB0C
APP DT 08-16-2020 MUTL VOL
40035545 059018900070690 905200273481011102>
0209007291
State Farm Insurance
CompaniesP.O. Box
680001Dallas, TX 75368- 0001
Power To Pay
Your Way
Online
statefarm. com/ pay
Mobile
Use the
State Farm mobile app
Call
Automated Line: 1-800- 440- 0998
Your agent: 408- 793- 8303
Mail
Send us
a check
Visit your
State Farm
agent
Key code: 1684007625
Policy Number: 273 4810- A07-05E
Prepared April 24, 2020
Page number 2 of 5
When you provide a check as payment, you authorize us
either to use information from your check to make a
one- time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund
transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution.

VEHICLE INFORMATION
Review your policy information carefully. If anything is incorrect, or if there are any changes to your vehicle information, please let us know right away.

Vehicle Description
Vehicle Identification
Number ( VIN) Who principally drives this vehicle? How is this vehicle normally used? 2019 FORD F150 1FTEW1C43KKD28593 MICHAEL BASILE, a divorced individual, who will have 41 years of driving
experience as of July 07, 2020.

To Work, School or Pleasure.

Other Household Vehicle( s)
Your premium may be influenced by other State Farm
policies that currently insure the following vehicle( s) in your household:
2013 FORD EDGE
The premium on the expiring policy term was based on
10, 600 miles per year.

The premium on the renewal policy term was based on
14, 100 miles per year.

The premium for this renewal was determined using an
annual mileage this vehicle is expected to be driven that was developed from information we obtained or was
provided by you. The national average is more than 12, 000 miles driven annually according to the U.S. Department of Transportation. Please contact us if you expect your annual mileage to change over the next year.
continued on next page)
We' ve taken the hassle out of online
bill payment.

Go to statefarm. com/ pay to make a payment.

We' re here to help life go right with secure, simpler way to pay.

As secure as it
is convenient.

Policy Number: 273 4810- A07-05E
Prepared April 24, 2020
Page number 3 of 5
VEHICLE INFORMATION continued
Premium Adjustment
Each year, we review our medical payments and personal
injury protection coverages claim experience to determine the vehicle safety discount that is applied to each make and model. In addition, we review the comprehensive, collision, bodily injury and property damage claim experience
annually to determine which makes and models have
earned decreases or increases from State Farm' s standard rates. If any changes result from our reviews, adjustments are reflected in the rates shown on this renewal notice.

DRIVER INFORMATION
Principal Driver & Assigned Drivers
For each automobile, the Principal Driver is the individual who most frequently drives it.

Each driver is designated as an Assigned Driver on the
household automobile that they most frequently drive. Your premium may be influenced by the information shown for
these drivers.

COVERAGE AND LIMITS See your policy for an explanation of these coverages.

A Liability
Bodily Injury 1,000,000/1,000,000
Property Damage 1,000,000 $ 287.14
C Medical Payments 10,000 $ 16.22
D 250 Deductible Comprehensive $ 81.43
G 500 Deductible Collision $ 263.82
H Emergency Road Service $ 4.23
U Uninsured Motor Vehicle
Bodily Injury 250,000/500,000 $ 51.34
U1 Uninsured Motor Vehicle
Property Damage $ 2.72
Amount Due $ 706.90
If any coverage you carry is changed to give broader
protection with no additional premium charge, we will give you the broader protection without issuing a new policy, starting on the date we adopt the broader protection.

DISCOUNTS These adjustments have already been applied to your premium.

Multiple Line P
Multicar P
Vehicle Safety P
Driving Safety Record P
California Good Driver P
Loyalty P
Total Discounts $ 2,786.98
PTM5th Amendmentto Agreementfor BBF
GolfCourseMaintenance
Final Audit Report 2020-06-22
Created: 2020-06-09
By: Kevin Khuu ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAsnfNTyYRwE3RKYo0yM5uXpTo6wR2BTmJ PTM 5th Amendmentto Agreementfor BBF Golf CourseMainte
nance" History
Documentcreatedby KevinKhuu ([email protected])
2020-06-09 - 9:53:06 PM GMT- IP address: 73.158.53.147
Documentemailedto AraceliAlejandre ([email protected]) for approval 2020-06-09 - 9:57:28 PM GMT
Document approved by Araceli Alejandre ([email protected]) Approval Date: 2020-06-11 - 2:49:35 PM GMT - Time Source: server- IP address: 24.23.184.82 Documentemailedto [email protected] signature
2020-06-11 - 2:49:39 PM GMT
KevinKhuu ([email protected]) [email protected] [email protected])
2020-06-12 - 1:45:36 PM GMT- IP address: 73.158.53.147
Documentemailedto MichaelBasile ([email protected]) for signature 2020-06-12 - 1:45:36 PM GMT
Emailviewedby MichaelBasile ([email protected])
2020-06-12 - 1:55:28 PM GMT- IP address: 174.194.194.170 Documente-signedby MichaelBasile ([email protected]) Signature Date: 2020-06-16 - 10:15:46 PM GMT - Time Source: server- IP address: 98.210.121.198 Documentemailedto HeatherM. Minner ([email protected]) for signature 2020-06-16 - 10:15:47 PM GMT
Emailviewedby HeatherM. Minner ([email protected])
2020-06-20 - 10:59:40 PM GMT- IP address: 45.41.142.183 Document e-signed by Heather M. Minner ([email protected]) Signature Date: 2020-06-20 - 11:00:24 PM GMT - Time Source: server- IP address: 52.39.49.65 Documentemailedto DeborahL. Feng ([email protected]) for signature 2020-06-20 - 11:00:26 PM GMT
Emailviewedby DeborahL. Feng ([email protected])
2020-06-22 - 4:58:56 AM GMT- IP address: 104.47.44.254
Documente-signedby DeborahL. Feng ([email protected])
Signature Date: 2020-06-22 - 4:59:20 AM GMT - Time Source: server- IP address: 24.6.12.22 Documentemailedto KirstenSquarcia6/22/20 ([email protected]) for signature 2020-06-22 - 4:59:23 AM GMT
Emailviewedby KirstenSquarcia6/22/20 ([email protected]) 2020-06-22 - 3:35:43 PM GMT- IP address: 104.47.45.254
Document e-signed by Kirsten Squarcia 6/22/20 ([email protected]) Signature Date: 2020-06-22 - 3:36:15 PM GMT - Time Source: server- IP address: 148.64.105.190 Signeddocumentemailedto AraceliAlejandre ([email protected]), KevinKhuu ([email protected]), KirstenSquarcia6/22/20 ([email protected]), MichaelBasile ([email protected]), and4 more 2020-06-22 - 3:36:15 PM GMT
FOURTH AMENDMENT TO AGREEMENT 15-206

BETWEEN THE CITY OF CUPERTINO AND

PROFESSIONAL TURF MANAGEMENT FOR

BLACKBERRY FARM GOLF COURSE MAINTENANCE
ThisFourthAmendmentto Agreement15-206betweenthe City of Cupertino and Professional Turf Management, for referencedated 5/16/2019, is by and between the CITY OFCUPERTINO, amunicipalcorporation (hereinafter "City") and Professional Turf Management, a California corporation (" Consultant") whose address is P. O. Box 700142, SanJose, CA 95170, andis madewith referenceto thefollowing:

RECITALS:

A. On 12/3/2015, an agreementwasenteredinto by andbetweenCity and Consultant ( hereinafter " Agreement") for ContractServicesfor BlackberryFarmGolf CourseMaintenanceandsoil samplecollectionandtesting. Theagreementwill expire on 6/ 30/ 2016.

B. On 7/1/2016, City and Consultant agreed to the First Amendment for Contract Servicesfor Blackberry Farm Golf CourseMaintenance and soil sample collection and testing.

C. On 7/1/2017, City and Consultant agreed to the Second Amendment for Contract Servicesfor Blackberry Farm Golf Course Maintenance and soil sample collection and testing.

D. On 7/1/2018, City and Consultant agreed to the Third Amendment for Contract Servicesfor Blackberry Farm Golf Course Maintenance and soil sample collection and testing.

E.

TheAgreementandtheFirst, Second, andThirdAmendmentsarecollectively referred to as the " Agreement" unless otherwise indicated.

F. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreedby andbetweenandundersignedparties as follows:

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

Thecontractorshallcontinuework throughJune30, 2020, andshalldiligently prosecutethework. ThisAgreementmayberenewedannuallyfor additional one- year terms commencing July 1, 2020, at the City' s sole discretion and subjectto appropriation, for up to one (1) additional one-year terms. The term of the Agreement shall terminate on June 30, 2020, unless terminated earlier as set for herein.

2. COMPENSATION TO CONTRACTOR
Paragraph 3 of the Agreement is modified to read as follows:

Contractor shall be compensatedfor servicesperformed pursuant to this Agreement in the amount and manner set forth in Contractor' s bid, which is attached hereto as Exhibit " 13-2" and incorporated herein by reference.

3. The following Exhibits to the Agreement, are amended and replaced to read as shown in the attachments to this Amendment:
a. Exhibit B- 2

4. Except asexpressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

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

CONSULTANT CITY OF CUPERTINO
1V
By BY
C-'-
Title Title
I

RECOMMENDED FOR APPROVAL APPROVED AS TO FORM
By
Title A tl -.1A t?
City Attorney"
ATTEST:

City Clerk

EXPENDITURE DISTRIBUTION
PO # 2016- 398 560- 63- 616 700- 702
Original 99, 600. 00
Amendment # 1: 205, 200. 00
Amendment # 2: 205, 200. 00
Amendment # 3: 205, 200. 00
Amendment # 4: 205, 200. 00
Total: 920, 400. 00
EXHIBIT B- 2

COMPENSATION

COMPENSATION
Paymentfor servicesto beperformedin FiscalYear2019-20FromJuly 1, 2019to June 30, 2020 shall be $ 17,000.00per month for maintenance activities asdescribed in Exhibit A, plus $100.00per eachsoil sampleandtestingwith amaximumQuantity of 12.

Payment for servicesto be performed in FiscalYear 2019-20 shall not exceed $205,200as noted below.

Item Unit Qty Unit Price Total Cost
Blackberry Farm Month 12 $ 17, 000. 00 204, 000. 00 Golf Course Maintenance
Soil Sampling Collection Each 12 100. 00 1200. 00
TOTAL FEE for services, Fiscal Year 2019- 20, Not to Exceed; 205, 200. 00 rly 7y—
CERTIFICATE BILIOF LIATY INSURANCE 05/ 06/ 19
THIS CERTIFICATE IS ISSUED AS A MA"FrER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDtwR, TIft CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EX' rEND OR ALTER THE COVERAGE AFFORDED BY TFW, POLICIES BELOW" THIS CER11MCATE OF INMJRANCK: I DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING Ro1SURER(8), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND 111E CERTIFICATE F-10" DEM @R05RTANT If tho cortifleakoWder Is a" ADMTIONAL.INSUREE Ut FSLT 5 16 7" FA Wil 7ft;T. the terms and rondftlons of 0w pWIey, Cartain polickra may requIro an endorsement A statownentcm Ws ear0ficate does nat confer rlWibi to the warPRODLICER
N

VOLPATTI INSURANCE SERVICES INC PHONE
92r) 243­ 0133 VA-9-------------......
11MLN2)S.225)243-0132511 Leisure Street
ADr)RESfi,:.R.'ick@"%rolp, a"t' ti. com
Livermore, CA 94553,
LINSURM( S) AFFORDFNG COYCRAOU. NAWN
W. cense#: OE40809 INSURERA:Saotts dal e Insurance Co
Professional Turf Management, Inc, I SUREREj:Scottsdale Insurance Company INSURERC:Technology Insurance C'ompany
PO Box 700142 Cry.TijfCa_,r_._n1_a" Capital ' Ensurance Company, San Jose, CA 95170 WSURER E:

INSURER F:

OV I-
FIS1`67LWA
RTWICATE NUMBER: REVISION NUMBER:

TIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED To' rHE WWRIED, NAMED ABOVE FOR THE POLICY PEMOD INDICATED, NOTWITHSTANDINGANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 0111ER DOCOMEN'r WITH RESPEari, o WHICH THIS CEIRTIFICATEMAY BE ISSUED OR WkY PERTAIN, THE INSURANCE AFFORDED BY 'THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF' SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

TrAFL. Lr,INSURANCE POLICY N LIMITS
m. vwv
GENERAL 1JA8ILITY
11___

EACH OCCURRENCE

X COMMERCIAL GENERALLIABILHI(
CLAIMS- AIADE OCCUR MED a person) 5, 000
A CPS2971848 04/01/2019 04/ 01/2020 PERSONAL,AADVINJURY 1. 000, 000 y
IAEL 0 0 0, 0 0 0
GERL AGGREGATr LIMIT APPLIES FIER: P.R( DUCTS- COMPIOP A( a, 0 L f-- h
OPP—
ny I 0C

AUTOMOBILE LIABILITY
ANYAUTO DODILY INJURY(Per peroon) $
ALL" OWNED SCHEDULED
AUTOS
AUTOSNON-OWNED DA k:

MIRED AUT08 AUT0$ JEA jt
UMBRELLA [ JAH OCCUR 04/ 01/ 2019 04/ 01/ 2020
B RFEXCE88LIAO CIAIMS- MADE
XBS0107007
AGGREGNT E 3p. 000 000
1) NTION$
WORI
1_
Wd3 1Arkj.-' D11'
DRY LIM1111117,AND EMPLOYERVIJAWLIW Y/ N
ANY PRCVRtrrT() RIPPJTrNERA XECtn' tVE
C OFFIMIMENSER EXCLU 1--yI NIA y
TWC3784198 04/ 01/ 19 04/ 01/ 20N") DIf EES_ 1LkLS±. L)Y 0 Ifv29, descrIlLm under
IL E.J­ DISEASE- POLICY 1.J.L
Conmercial Inland Contractors Equip.

D Marine 3- MIA- 1- 026769 6/ 23/ 20- 1.8 6/ 23/ 201. 9 $ 224, 082 Deductible $ 500
AHZ;FaF(;M,77o_i, SPU-W 19 rflqUlmd)
The Ci- by of Cupertino, its directors, officers, agents, con, sul, taxi ts and employees are nameIj as additional insured in regard to General Linshility and. Primary/ on­ Contxibu toxjr wording, is attached to this poliqy. Waiver of Stair, ogation in rec ard to workers compensation Jm favor of C.ity of Cupertino
The issuing insuirer wJ11 endeavor to mail 30 days written notice of canrmllation, CERTIFICATE HOI. DER CANCELJ_ KTION
SHOULD ANY OF THE AKWE DIR"SCRIFLEDPOLICIES BE CANCELLED BEFORE City of Cupertino THE F"XNRfi,7'I0N DATE rHEREOF, NOrBGE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLMY PROVISIONS.

C11perdt I= CA 95014
ALII14ORWED REPRESENrAI' VE
@198iRb i—ts re"—se n—m( J,
ACORD25( 2010/ 06) The ACORD v,mme atid bgo are registered I,narks of ACORD ENDORSEMEN' r
a.*... n._.__.... m_. v_............._ w_........ ._._.,._.__.__..,__.._.__.._... ts ra IIu tFa:..._ ..
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6rmS ENDORSEIVIENTCHANGES THE pOUC Y. Fit„tofu k L-.``fit VTCA EFL9&..i Y,

BLANKET ADDITIONAL INSURED ENDORSEMENT
this endorsement raacadifres.ainsurance provided Underthe following:

COMMERCIAL GENERAL LIAB11. 17Y COVERAGE PART'
With resj.,m; t to this endorsement, SECTION it - WHO IS Al work, incipclingmaterials, psrts or eqUip- AN INSURED ls amended to lrWude as an addldonM in- meet furnished in rconnecalon wfth such wark, souredany person or organization whom you are required on the project: ( other than service, rnaminte- to add as an additional iretired on this policy Iuruder,aawrit- nonce or repairs) to be per"f r'rrasdby or on be, ten contract, written aaCgreernermtor written perrnit which ha f of the addltlonW insu..ured(s) at the location raar.ust be: of the covered calaeraatlorwshas, beers corn- a,. C:urm".r'°atlyIn effect or becoming effective during pieteda or
the terra of the poHc,y; aruc.l b. ° C°laaatpor°don caf° our work" crestof which the in. b. Executed prior to the" bodily inilur"ayo,"
x"
propearty
jury or d rnaaggearises has been pertto its in-
tended use by any person orororganizationstaauamaucdel, or" personal sandadvertising irgiaury.," rather than aanratl"aer contractor or Subcontractor The imsraar°r e provided to these additional insureds is line- engaged in performing operations Starasprinck iced as follows; pawlas aspart of the same prejecct.
i .. I..haatperson or organisation is an aadditicanWin- 3. " ffie llmlts of insurance applicable to the-additional srured only with respect to liability for " beadily inSUred rare those spec.i'lc d in tl°aewritten contract, W¢°uiaury""property dsr°rmspe"or""personal and sdarer- written agreement or written permit or In the ecl,tam tgaringginjury" c°ca.ar~se*d" in whole or in part, by: rations for tl°aispoHcy, whiclmver is less, These Hrrl- a.
of ins ra;recceare incckisuviceof",Bradnet In additlon
Your acts or, e:a alssicans or
to, the Ur°aa6s of Insurance shown in the Decclaara-
b. The acts or or issbrm of those aaccfirapon your tlsaumsfor t1°a6spcuiic:y" behalf, 4. Coveragets not providec.Nfor" bodfly injury,""prep. person's or or" anizaatgora"s status as an audditior°raal erty darrlame," or" personal and aadvc,-ttisintg injury" insured [ under this endorsement ends when arising out of the scalenegligence of the additional yeaeuroperations for that addidonai insured are insured. completed,
sae insurance provided to the aaddi'honaallrauserred

2. With respect to the insurance afforded to these ad- assesnot applyilaYl" to ""beadilyinia.ury," "property darer.,, ditionaal insureds, the following exclusions are age," or "personal and advertisinginjcury" aarisirag added to itern 2. Exclusions of SECTION l - martof an architects, engineers or surveyor' s rc-ties..

COVERAGES;" t'r derinrdof or fa"allmureto render any professional sear"^ i Mis irmsaur"aanceudoes rot apply to ' bofflly lraieury" ie°wesincalrsdlntg.

U
fro e,t:ydan"ia e" or" personal and advertising l"i°
iIrra occc':aurr'n gafter:
rredudescopyrightedm tr°dzdof ISOProperties,Inc—Wth b r.man sslr°n. e:r"r r'Io,A,60 PropeuVes,Inc.„700r
GI. s° 150s( 7. 06) Page" I of 2
CNSCT.rt,ED
a. The preparing,. approving or failing to prepare
or approve maps, shop drawings, opinions, re- ance be primary, ports, surveys, field onjas, change orders or
dra* Osand spac cadonqand
nvu
ty under SECTION I - COVERAGES to defend
b. Supervisory, inspection, architectural orongi- ~ additionalinsuredagainstany"suk"if any otherh+ neehngoctivihes. suner has o duty to defend the additional insued against that " suit," | f no other insurer defends, e6. Any coverage provided hereunder will be excess will undertake to do so' bu mavvi|| be entitled toover any other valid and co|| ecdb! e susnceavail- the additional insumd' s rightsagoins aUthooeo h Y able to the additional insured whether primary, ex-
cess, contingent oror on any other basis unless m

AUTHORIZED REPRESENTATIVE DATE
IncludescopyrightedmaterialurISOProperties,mc, with Itspermission.

Copyright, ISO Properties, mc.. z004
oLs- 1os( 7- 0e) Page 2« ra
dP'
CPS2971848
COMMERCIAL GENERAL. LIABILITY
CG 20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance Condi- 2) You have agreed in writing in a contract or tion and supersedes any provision to the contrary: agreement that this insurance would be pri- Primary And Noncontributory Insurance mary and would not seek contribution from any other insurance available to the additional
This insurance is primary to and will not seek con- insured. tribution from any other insurance available to an
additional insured under your policy provided that:
1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 0413 Copyright, Insurance Services Office, Inc„ 2012 Page 1 of 1

INSURED
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 O6 Ed. 04- 84)
WAIVEROf OURRIGHTTo RECOVERFROMOTHERSENDORSEMENT-CALIFORNIA WehavetherightTorecoverourpaymentsfromanyoneliableForaninjurycoveredbythispolicy,WewillNotenforceourright againstthepersonOrorganizationnamedIntheSchedule. (ThisagreementappliesonlyTotheextentthatyouperformwork under a written contract that requires you To obtain this agreement from us.) You mustmaintainpayrollrecordsaccuratelysegregatingtheremunerationOfyouremployeesWhile engagedIn thework described In the Schedule.

The additional premium For this endorsement shall be 5% Of the California workers' compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description
City of Cupertino 10300 Torre Avenue Cupertino, CA Specific Waiver per written contract 95014
Thisendorsementchangesthe policytowhich it is attachedandiseffectiveonthe dateIssuedunlessotherwisestated.

TheInformationbelowis requiredonlywhenthis endorsementIs issuedsubsequentto preparationof thepelicy.) Endorsement Effective 4I1/ 2019 Policy No. TWC3784198 Endorsement No, 4 insured Professlonal Turf Management, Inc.( A Corp) Premium$ 8, 851 Insurance Company Technology Insurance Company, Inc.

Countersigned by—
WC 04 03 06
Ed. 04- 84)
i
I
I
ACCAR" VEHICLE OR EQUIPMENT CERTIFICATE ® F INSURANCE

DATE( MM/ DD/ YYYY)
05/ 10/ 2019
THISCERTIFICATEIS ISSUEDAS A MATTEROFINFORMATIONONLYAND CONFERSNO RIGHTSUPONTHECERTIFICATEHOLDER. THIS

CERTIFICATEDOESNOTAFFIRMATIVELYOR NEGATIVELYAMEND, EXTENDOR ALTERTHE COVERAGEAFFORDEDBY THE POLICIES BELOW. THIS CERTIFICATEOF INSURANCEDOESNOT CONSTITUTEA CONTRACTBETWEENTHE ISSUINGINSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

Thisformis usedtoreportcoveragesprovidedtoasinglespecificvehicleorequipment.Donotusethisformto reportliabilitycoverage provided to multiple vehicles under a single policy. Use ACORD 25 for that purpose.

PRODUCER CONTACT
NAME; CHRIS LEE
HONE
All
StateF rm JOE FRANGIEHSTATE FARMAGENT P FAX
A/C No Ext: 408- 793- 8303 A/ c No: 408- 793- 8304
120 W CAMPBELL AVE STE A ADDRESS: CHRISTOPHER. LEE. PHOQ@STATEFARM. COM CAMPBELL, CA 95008 PRODUCERCUSTOMERID#:

INSURER( S) AFFORDING COVERAGE NAIC#

INSURED
INSURERA: StateFarmMutualAutomobileInsuranceCompany 25178

BASILE, MICHAEL DBA PROFESSIONAL TURF MGT INSURER B
1310 SADDLE RACK ST APT 302 INSURER C
SAN JOSE CA 95126- 5105 INSURER D:

INSURER E:

DESCRIPTION OF VEHICLE OR EQUIPMENT

YEAR MAKE/ MANUFACTURER MODEL BODY TYPE VEHICLE IDENTIFICATION NUMBER 2019 FORD E350 F150 1FDSE35L35HB47643

DESCRIPTION SERIAL NUMBER
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THISISTOCERTIFYTHATTHEPOLICY(IES)OFINSURANCELISTEDBELOWHAS/HAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICY

PERIOD(S) INDICATED,NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTO

WHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICY(IES)DESCRIBEDHEREINIS/ARESUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY( IES).

INSR ADD• L POLICY EFFECTIVE POLICY EXPIRATION

LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE( MM/ DD/ YYYY) DATE( MM/ DD/ YYYY) LIMITS X VEHICLELIABILITY COMBINED SINGLE LIMIT $
Y 273 4810- A07- 05E 01/ 07/ 2019 07/ 07/ 2019
BODILY INJURY( Per person) $ 1, 000, 000
BODILY INJURY( Per accident) $ 1, 000, 000
PROPERTY DAMAGE 1, 000, 000

GENERAL LIABILITY EACH OCCURENCE
OCCURRENCE GENERAL AGGREGATE $

CLAIMS MADE

INSR LOSS POLICY EFFECTIVE POLICY EXPIRATION

LTR PAYEE TYPE OF INSURANCE POLICY NUMBER DATE( MM/ DD/ YYYY) DATE( MMIDD/ YYYY) LIMITS I DEDUCTIBLE X VEHCOLLISIONLOSS ACV AGREED AMT $ LIMIT
STATED AMT $ 250 DED
X VEHCOMP VEH OTC ACV AGREED AMT $ LIMIT
STATED AMT $ 500 DED

PROPERTY ACV AGREED AMT
BASIC
H
BROAD RC STATED AMT $
LIMIT

SPECIAL DED
REMARKS( INCLUDING SPECIAL CONDITIONS I OTHER COVERAGES)( Attach ACORD 101, Additional Remarks Schedule, if more space is required)

ALL CALIFORNIA OPERATIONS

ADDITIONAL INTEREST CANCELLATION
Select one of the following:

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED X Theadditionalinterestdescribedbelowhasbeenaddedtothepolicy(ies)listedhereinbypolicynumber(s). BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE A request has been submitted to add the additional interest described below to the policy( ies) DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.I listed herein by policynumbers.

VEHICLE/ EQUIPMENT INTEREST: LEASED FINANCED DESCRIPTION OF THE ADDITIONAL INTEREST

NAME AND ADDRESS OF ADDITIONAL INTEREST

X ADDITIONALINSURED LOSS PAYEE

BLACKBERRY FARM GOLF COURSE LENDER' S LOSS PAYEE PRIMARY WORDING APPLIES 22100 STEVENS CREEK BLVD LOAN I LEASE NUMBER
CUPERTINO CA 95014- 1037
AUTHORIZED REPPRgEpSE
y

REPRESENTCHIZISTATIVEEE
@ 1997- 2010 ACORD CORPORATION. All rights reserved.

ACORD 23( 2010/ 05) The ACORD name and logo are registered marks of ACORD 1004361 142987. 2 01- 28- 2013
Ac" Ra VEHICLE OR EQUIPMENT CERTIFICATE OF INSURANCE

DATE( MM/ DD/ YYYY)
05/ 10/ 2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

Thisform is usedto reportcoveragesprovidedto asinglespecificvehicleor equipment.Donotusethis formto reportliability coverage provided to multiple vehicles under a single policy. Use ACORD 25 for that purpose.

PRODUCER CONTACT
NAME; CHRIS LEE
tateF f" n JOE FRANGIEH STATE FARM AGENT a No EXt: 408793-8303 qAXNo): 408- 793- 8304 120 W CAMPBELL AVE STE A E- MAIL
t4,',„ ADDRESS: CHRISTOPHER. LEE. PHOQ@STATEFARM. COM CAMPBELL, CA 95008 PRODUCERCUSTOMERID#:

INSURER( S) AFFORDING COVERAGE NAIC#

INSURED
INSURERA: State Farm Mutual Automobile Insurance Company 25178 BASILE, MICHAEL DBA PROFESSIONAL TURF MGT INSURER B:
1310 SADDLE RACK ST APT 302 INSURER C:

SAN JOSE CA 95126- 5105 INSURER D:

INSURER E:

DESCRIPTION OF VEHICLE OR EQUIPMENT

YEAR MAKE/ MANUFACTURER MODEL BODY TYPE VEHICLE IDENTIFICATION NUMBER 2013 FORD T 350 EDGE 2FMDK3JC1DBA83377

DESCRIPTION SERIAL NUMBER
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICY(IES) OF INSURANCE LISTED BELOW HAS/HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY

PERIOD(S) INDICATED, NOTWITHSTANDINGANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECTTO

WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCEAFFORDED BY THE POLICY(IES) DESCRIBED HEREIN IS/ARE SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY( IES).

INSR ADD' L POLICY EFFECTIVE POLICY EXPIRATION

LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE( MM/ DD/ YYYY) DATE( MM/ DD/ YYYY) LIMITS X VEHICLELIABILITY COMBINED SINGLE LIMIT $ 1000000
Y 191 4357- D04- 05J 04/ 04l2019 10/ 04/ 2019
BODILY INJURY( Per person) $
BODILY INJURY( Per accident) $

PROPERTY DAMAGE

GENERAL LIABILITY EACH OCCURENCE
OCCURRENCE GENERAL AGGREGATE $

CLAIMS MADE

INSR LOSS POLICY EFFECTIVE POLICY EXPIRATION

LTR PAYEE TYPE OF INSURANCE POLICY NUMBER DATE( MM/ DD/ YYYY) DATE( MM/ DD/ YYYY) LIMITS/ DEDUCTIBLE X VEHCOLLISIONLOSS 0 ACV AGREED AMT $ LIMIT
STATED AMT $ 250 DED
X VEHCOMP VEH OTC 0 ACV AGREED AMT $ LIMIT
STATED AMT $ 500 DED

PROPERTY ACV AGREED AMT
BASIC
R
BROAD RC STATED AMT $
LIMIT

SPECIAL DED
REMARKS( INCLUDING SPECIAL CONDITIONS/ OTHER COVERAGES)( Attach ACORD 101, Additional Remarks Schedule, if more space is required)

ALL CALIFORNIA OPERATIONS

ADDITIONAL INTEREST CANCELLATION
Select one of the following: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED X Theadditionalinterestdescribedbelowhasbeenaddedtothepolicy(ies)listedhereinbypolicynumber(s). BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE A request has been submitted to add the additional interest described below to the policy( es) DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.I listed herein by policynumbers.

VEHICLE/ EQUIPMENT INTEREST: LEASED FINANCED DESCRIPTION OF THE ADDITIONAL INTEREST

NAME AND ADDRESS OF ADDITIONAL INTEREST

X ADDITIONALINSURED LOSS PAYEE

BLACKBERRY FARM GOLF COURSE LENDER' S LOSS PAYEE PRIMARY WORDING APPLIES 22100 STEVENS CREEK BLVD LOAN/ LEASE NUMBER
CUPERTINO CA 95014- 1037

AUTHORIZED REPRESENTATIVE
HRIST HER,, LEA"
@ 1997- 2010 ACORD CORPORATION. All rights reserved.

ACORD 23( 2010/ 05) The ACORD name and logo are registered marks of ACORD 1004361 142987. 2 01- 28- 2013
THIRD AMENDMENT TO AGREEMENT 15- 206

BETWEEN THE CITY OF CUPERTINO AND

PROFESSIONAL TURF MANAGEMENT FOR

BLACKBERRY FARM GOLF COURSE MAINTENANCE
ThisThird Amendmentto Agreement15-206betweentheCity of CupertinoandProfessional Turf Management, for referencedatedApril 17, 2018, is by andbetweentheCITY OF CUPERTINO, a municipal corporation( hereinafter "City") and Professional Turf Management, a California corporation(" Consultant") whose address is P.O. Box 700142, San Jose, Ca., 95170, and is made with referenceto the following:

RECITALS:

A. OnDecember3, 2015, anagreementwasenteredinto by andbetweenCity and Consultant( hereinafter " Agreement") for Contract Servicesfor Blackberry Farm Golf Course Maintenance and soil sample collection andtesting. The agreementwill expire on 6/30/2016.

B. On July 1, 2016, City and Consultant agreedto the First Amendment for Contract Servicesfor Blackberry Fann Golf CourseMaintenance and soil samplecollection and testing.

C. On July 1, 2017, City and Consultant agreedto the SecondAmendment for Contract Servicesfor Blackberry Farm Golf CourseMaintenance and soil samplecollection and testing.

D. TheAgreementandtheFirst andSecondAmendmentsarecollectivelyreferredto as the " Agreement" unless otherwise indicated.

E. City and Consultant desire to modify the Agreement on the teens andconditions set forth herein.

NOW, THEREFORE, it is mutuallyagreedby andbetweenandundersignedpartiesas follows:

1. TERM
Paragraph I ( Section 1) of the Agreement is modified to read as follows:

TheConsultantshallcontinuework throughJune30, 2019, andshalldiligently prosecutethe work. ThisAgreementmayberenewedarnivallyfor additionalone-yearteenscommencing July 1, 2019, attheCity' s solediscretionandsubjectto appropriation, for upto two (2) additional one-year teens. The term of this Agreement shall terminate on June30, 2019, unless terminated earlier as set for herein.

2. COMPENSATION
Paragraph 2 ( Section 2) of the Agreement is modified to read as follows:

Consultantshallbecompensatedfor servicesperformedpursuantto this Agreementin the arnount and manner set forth in Consultant' s bid, which is attached hereto as Exhibit B- 3 and incorporated herein by reference.

3. The following Exhibits to the Agreement, are amendedandreplacedto read as shown in the attachments to this Amendment:
a. Exhibit B and Exhibit B- 2
b. Insurancerequirementsareupdatedasprovidedin theattacheddocuments, Exhibit C.

4. Except asexpressly modified 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 causedthis modification of Agreement to be executed.

CONSULTAN CI OF PERTINO
By By
Title ( 9 m--e v- Title

RECOMMENDED FOR APPROVAL AP VED AS T RM
By
Title City Attorney
ATTEST:

City Clerk

EXPENDITURE DISTRIBUTION
PO # 2016- 398 560- 63- 616- 700- 702
Original Contract: $ 99, 600. 00 560- 63- 616- 700- 702 Amendment# 1: $ 205, 200. 00 560- 63- 616- 700- 702
Amendment# 2: $ 205, 200. 00 560- 63- 616- 700- 702
Amendment# 3: $ 205, 200. 00 560- 63- 616- 700- 702
Total: 715, 200. 00
EXHIBIT B- 2

COMPENSATION

COMPENSATION
Paymentfor servicesto beperformedin FiscalYear2018-19from July 1, 2018to June30, 2019shall be $17,000.00permonthfor maintenanceactivitiesasdescribedin Exhibit A, plus$100.00pereach soil sampleand testing with a maximum quantity of 12.

Paymentfor servicesto beperformed in Fiscal Year 2018-19 shall not exceed$205,200.00 asnoted below.

Item Unit Qty Unit Price Total Cost
Blackberry Farm Golf month 12 $ 17, 000. 00 204, 000. 00 Course Maintenance
Soil Sampling Collection each 12 100. 00 1,200. 00
TOTAL FEE for services, Fiscal Year 2018- 19, Not to Exceed: 205, 200. 00 nature, arisingoutof, pertainingto, orrelatedtotheperformanceofthisAgreementbyContractor or Contractor' s employees, officers, officials, agents or independent contractors. Contractor shall notbe obligatedunderthisAgreementto indemnifyCityto theextentthatthedamageis causedby thesoleor activenegligenceor willful misconductof City,its agentsor employees. Suchcostsand expenses shall include reasonable attorneys' fees of counsel of City' s choice, expert fees and all other costs and fees of litigation.

Contractoragreesto obtain executedindemnity agreementswith provisionsidentical to those set forth here in these sections horn each and every subcontractor or any other person or , entityinvolvedby, for, with, or onbehalfof Contractorin theperformanceof thisagreement. If Contractorfails to obtain such indemnity obligationsfrom othersas required here, Contractor agreesto be fully responsible according to the terms of this section.

10. INSURANCE:

On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificatesshowingthetype, amount, classof operationscovered, effectivedatesand dates of expiration of insurance coveragein compliance with paragraph 10A; B, C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: " Shouldanyof the aboveinsurancecoveredby thiscertificatebecanceledor coverage reduced before the expiration date thereof, the insurer affording coverageshall provide thirty (30) days' advancewrittennoticeto theCityof Cupertinoby certifiedmail, "Attention.: City Manager." It is agreedthat Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurancecompanythat is acceptableto City andlicensedto do insurancebusinessin theStateof California. Endorsementsnaming the City as additional insured shall be submittedwith the insurance certificates. Contractor to complete the attached Document 00530 Insurance Fortes, A. COVERAGE:

Contractor shallmaintain the following insurance coverage:
1) Workers' Compensation:

St-atutorycoverageasrequiredby theStateof California;Employers'Liability 1,000,000 per occurrence
2) General. Liabifity:

Commercialgeneralliability coveragein thefollowingminimumlimits:

Bodily' jury: 500, 000
z
j/ i j a
ad- L
rrence
Pnil i D)-
all. other
PropertyDames
occuurenceaggregate
If subnlitt combined su1g1 .1' vt of$ 1,000,000 occurrence; 000 in the a negate iIl be ssideredquivale1- o fhe re wired a nim M is sho vn above.

Contractor Ag' eement Page 3 of 17
Blackberry Farm Golf Course Maintenmee 2016
i
3) Automotive:

Comprehensiveautomobileliabilitycoverageinthe Gfollowingminunumlimits:
o"9odiLy , $, 50,0 Q each ocenrrP
Pa:oiaet- D.arxa.g--$ 59(,09©-eaeli-eecrarrerti'
TT--
Combined Single Limit: $ 1,000,000eachoccurrence
B. SUBROGATION WAIVER:

Contractoragreesthatintheeventoflossduetoanyoftheperilsforwhichithasagreedto providecomprehensivegeneralandautomotiveliabilityinsurance, Contractorshalllooksolelyto itsinsuranceforrecovery. ContractorherebygrantstoCity, onbehalfofanyinsurerproviding comprehensivegeneralandautomotiveliabilityinsurancetoeitherContractororCitywithrespect totheservicesofContractorherein,awaiverofanyrighttosubrogationwhichanysuchinsurerof saidContractormayacquireagainstCitybyvirtueofthe 'paymentofanylossundersuchinsurance.

C. ) FAILURE TO SECURE:

If Contractoratanytimeduringthetermhereofshouldfailtosecureormaintainthe foregoinginsurance, CityshallbepermittedtoobtainsuchinsuranceintheContractor'snameoras anagentoftheContractorandshallbecompensatedbytheContractorforthecostsoftheinsurance premiumsatthemaximumratepermittedbylawandcomputedfromthedatewrittennoticeis receivedthatthepremiumshavenotbeenpaid.

D. ADDITIONAL INSURED:

City,itsCityCouncil,boardsandcommissions, officers, employees, andvolunteers'shallbe namedasanadditionalinsuredtinderallinsurancecoverages, exceptworker'scompensationinsurance, Thenamingofanadditionalinsuredshallriotaffectanyrecoverytowhichsuch additionalinsuredwouldbeentitledunderthispolicyifnotnamedassuchadditionalinsured. An additionalinsurednamedhereinshallnotbeheldliableforanypremium, deductibleportionof anyloss,orexpenseofanynatureonthispolicyoranyextensionthereof. Anyotherinsuranceheld byanadditionalinsuredshallnotberequiredtocontribute,anytHri- towardanylossorexpense coveredbytheinsuranceprovidedbythispolicy,
E. SUFFICIENCY OF INSURANCE:

TheinsurancelimitsrequiredbyCityarenotrepresentedasbeingsufficienttoprotectContractor. ContractorisadvisedtoconsultContractor'sinsurancebrokertodetermineadequate coverage for Contractor.
1:1. BONDS:

Not applicable.

Contractor Agreement Page 4 of 17
Blackberry Farm Golf CourseMaintenance 2016

DATE( MM/ DDIYYYY)
ACORU
CERTIFICATE OF LIABILITY INSURANCE 05/ 08/ 18
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement( s).

PRODUCER

VOLPATTI INSURANCE SERVICES INC PHONE FAX
511 Leisure Street EMAIL
EXt: ( 925) 243- 0131 ArcNe:( 925) 243- 0132
Livermore, CA 94551
ADDRESS:rick@volpatti. com
INSURER( a) AFFORDING COVERAGE NAIL#
License#: OE40809
INSURERA: Scottsdale Insurance Com any 41297
INSURED professional Turf Management, Inc.. INSURERB:Technology Insurance Company, Inc. 42376 INSURERC:California Capital Insurance Company 13544
PO Box 700142 INSURER D:

San Jose, CA 95170 INSURERE:

INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIESOF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTWITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

Te TYPE OF INSURANCE
ADDL su R P IC FF E P

INSR WVD POLICY NUMBER MW/ DD MM/ DDIYYYY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 2 OOO 0OO

X COMMERCIALGENERAL LIABILITY
ILD
PREMISESEe c ccurranco $ 100, 000
CLAIMS-MADE I -" I OCCUR MED EXP(Any oneperson) $ 5, 000 A CPS2807423 04/ 01/2018 04/01/ 2019 PERSONAL&ADVINJURY $ 2, 000, 000 y
GENERAL AGGREGATE $ 4, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/ OP AGG $ 4, 000, 000 1 POLICYX j O- LOC

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident
ANYAUTO BODILY INJURY(Per person) $

ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY( Per accident) $

NON- OWNED PROPERTY D G
HIRED AUTOS AUTOS Per accident
UMBRELLA LIAB OCCUR EACH OCCURRENCE $

EXCESS LIAB CLAIMS- MADE AGGREGATE
DED RETENTION$

WORKERS COMPENSATION WC STATU- OTH-

AND EMPLOYERS' LIABILITY YIN

X TO YLI ITS ER
ANY PROPRIETORIPARTNER/ EXECUTIVE TKC 37 0 94 0 9 E. L. EACH ACCIDENT $ 1, 000, 000B OFFICER/MEMBEREXCLUDED? NIA X 04/ 01/ 1B 04/ 01/ 19Mandatary In NH) E. L. DISEASE- EA EMPLOYE $ 1, 000, 000 If yes describe under
DESG RIPTION OF OPERATIONS below E.L.DISEASE-POLICYLIMIT1$ 1, 000, 000 Commercial Inland Contractors Equip.

C Marine 3- MIA- 1- 026769 6/ 23/ 2017 6/ 23/ 2018 $ 224, 082 Deductible 500
DESCRIPTIONOF OPERATIONSI LOCATIONSI VEHICLES (Attach ACORD 101,Additional Remarks Schedule, if more spaceis required) The City of Cupertino, its directors, officers, agents, consultants and employees are named as additional insured in regard to General Liability and Primary/ Non--Contributory wording is attached to this policy. Waiver of Subrogation in regard to workers compensation in favor of City of Cupertino.

The issuing insurer will endeavor to mail 30 days written notice of cancellation.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS.

Cupertino, CA 95014

AUTHORIZED RE R ENTATIVE
t )
01988- 2010 ACORD CORPORATION. All rights' reserved.

ACORD25( 2010/ 05) The ACORD name and logo are registered marks of ACORD j StateFarm
State Farm Mutual Automobile Insurance Company 53534- 3- P MATCH 00148 MUTL VOL PRichar ,OBoxS853TX750853922 DECLARATIONS PAGE
NAMED INSURED 00148
05- 0264- 3 P A POLICY NUMBER 191 4357- DO4- D5J
0 0 0 148 ooss
POLICY PERIOD APR 06 2018 to OCT 04 2018

DBA PROFESSIONAL TURF MST

BASILE, L
12: 01 A. M. Standard Time
1310 SADDLE RACK ST APT 302
SAN JOSE CA 95126- 5105
AGENT

JOSEPH FRANGIEH INS AGY INC
120 W CAMPBELL AVE STE A
CAMPBELL, CA 95008- 1044
PHONE:( 408) 793- 8303
DO NOT PAY PREMIUMS SHOWN ON THIS PAGE.

IF AN AMOUNT IS DUE, THEN A SEPARATE STATEMENT IS ENCLOSED.

YOUR CAR
YEAT3 1V1AKl= MODEL a:.

BQDYSILE I EHICLEID TlUN1BF_fi CLASS y, -
2013 FORD EDGE SPORT WG 2FMDK3JC1 DBAS3377 603HCV1 H
Limit- Each Accident
C Medical Payments Coverage 19 42
10, 000
G Collision Coverage $ 500 Deductible 191 68
e
ioad.N: ,
U Uninsured Motor Vehicle Coverage 44 09
Each Person, Each Accident
Ui Uninsured Motor Vehicle Property Damage Coverage 2. 22 Replaced policy number 1914357- 051.

Your total renewal premium for APR 04 2018 to OCT 04 2018 is$ 631. 20.

F_XCEPTiL3NSFOLICYBOtOKLET&..ENDORSEMENTS{Seepoi[oyT3ookTe#&in<TivaduaT endorseinentsTorcouerage de# axis,) 3 FOR80YNDSYSNRSNSLTAIAPPAGILUDGLOEOSSUERM95B AANEDOEMETHTLY, NCINTHSII D TO YOU WIT ANY SI'IBSEQUENT RENEWAL NOTICE.

CREDITOR- FORD
ADDIITIONALINSUURED-CCITYNO PALOOALTO,7PD'BOXL10250
GA,

PALLOALTOCA
94303- 0862.
02 6028BU ADDITIONAL INSURED- BLACKBERRY FARM GOLF COURSE, 22100 STEVENS.

CREEK BLVD, CUPERTINO CA 95014- 1037.
6126MD EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING.
6128AC AMENDATORY ENDORSEMENT.
6289DW SINGLE LIMIT LIABILITY COVERAGE.

Agent: JOSEPH FRANGIEH INS AGY INC
Telephone: ( 408) 793- 8303
04139102086 See Reverse Side Prepared MAY 03 2018 0264- BOO 2002 ( o1e025ic)
148XON ( o11e025W)
o1e0254c)
SWeFami
State Farm Mutual Automobile Insurance Company 53485. 3- P MATCH 00035 MUTL VOL kedA93Bas l C 311 DECLARATIONS PAGE
NAMED INSURED 00035
05- 0264- 3 P A POLICY NUMBER 273 4810- AO7. 05D
000035 0058
BASI LE, MICHAEL POLICY PERIOD APR 06 2018 to JAN 07 2019 DBA PROFESSIONAL TURF MOT 12: 01 A. M. Standard Time
1310 SADDLE RACK ST APT 302
SAN JOSE CA 95126- 5105
AGENT

JOSEPH FRANGIEH INS AGY INC
120 W CAMPBELL AVE STE A
CAMPBELL, CA 95008- 1044
PHONE:( 408) 793- 8303
DO NOT PAY PREMIUMS SHOWN ON THIS PAGE.

IF AN AMOUNT IS DUE, THEN A SEPARATE STATEMENT IS ENCLOSED.

YOUR CAR
m, EAFt MAKT= ` VIODE BODY TYLE_ iTEHiCLEli3 lUMBEFi = CLASS„ s 2012 FORD F150 PICKUP 1FTFW1 CF70FB95742 303HCV1 H
YlNBOT_ S COVEi4GE€ c LIMITS r` ` Q PI? EMIUIi+ IS u
Bodily Injury Limits
r- .. Ad_._- 1=ah PEsbn, Each Accide> tt
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1,D00 000 $ 1 OOD 000
r
Each Accident
C Medical
Paymf
e-nts Coverage 33 10
10, 000
h
G Collision Coverage $ 500 Deductible 383 95n
emsmeTgency :: aarUSetaeouer. ge . x. : 6` 3 .

U Uninsured Motor Vehicle Coverage 78 49
y
fly n)uEt= imLts
Each Person Each Accident
U1 Uninsured Motor Vehicle Property Damage Coverage 3 95 o#al reii um#ar ApFi.D&2018n BAN07 201'a _ 3 2I15 5$. Ttjs is nnf abill Replaced policy number 2734810- 05C.

Your total renewal premium for JUL 07 2018 to JAN 07 2019 is$ 800, 52.

EXCEPTIONS,POLICY60t3Ki=_E& sENtORSER1lENTS(Seepsitcyborltiet c(rtclivrdnaTa dorserrfents#arcoves adetails YOURPOLICYCONSISTSOF THIS DECLARATIONSPAGE THEPOLICYBOOKLETFOR 9805B AND ANY ENDORSEMENTSTHAT APPLY, INCLUDING THOSE ISSUED TO YOUWITH ANY SOBSEffNT RENEWAL NOTICE. 6028BUADDITIOINvALINSURED-BLACKBERRYFARMGOLFCOURSE, 22100 STEVENSCREEKBLVD, CUPERTINO CA 95014- 1037. 6126MD EXCESSCOVERAGEFOR PERSONALVEHICLE SHARING.6128AC AMENDATORY ENDORSEMENT.

Agent: JOSEPH FRANGIEH INS AGY INC
Telephone: ( 408) 793- 8303
0 068 1/ 0041 2 See Reverse Side Prepared MAY 03 2018 0264- BOC155-3866 CA. 2 05- 2002( o1e025fc) 0. 0254) 14SXON ( ote025te)
I( evin Khuu
From: JosephCostamagna <[email protected]>
Sent: Wednesday, June 13, 2018 4:12 PM
To: Kevin Khuu
Cc: Jenny Koverman
Subject: Re: FW: Insurance Coverage Questions PTM Auto
Actually I hadnot seentheinsurance. Thisis a commercialpolicy with sufficientlimits, andis acceptable.

Thank you!
Joe Costamagna, ARM
Litigation Management
Risk Control Services
Bickmore
415. 407. 4157 cell
NotesandsuggestionscontainedinthiscommunicationaremadebyBickmorestafffortheproposeofreconunendingbestriskmanagementpracticesandenhancing therisk managementdecisionsmadeby Bickmoreclientsandmemberagencies.NOTHING CONTAINED IN THIS EMAIL IS INTENDED TO BE, NOR SHOULD BECONSTRUEDAS,LEGALADVICE.Bickmoreclientsandmemberagenciesareencouragedtoseekappropriatecounselwithlegalprofessionalstoaddresslegal questions.

On Wed, Jun13, 2018at3:48 PM Kevin Khuu< KevinKkcupertino.org> wrote:

Hi Joe,
Justin case, haveyou seenthe insurancein question?Jennyaskedmeto sendit to youjust in case. i
The contractor is claiming that this is his commercial auto insurance and had highlighted the line that says" DBA Professional Turf Management". Would this work?
Thank you.

Regards,
1 ENDORSEMENT
SCOTTSDALE INSURANCE COMPAA NO.

ATTACH130 TO AND HNDORSEMkNT OPPECTIVa DATE
PORMIN43 APART OP
tY1toYA. M. ETANDARDTIME) NAMED INSURED AaBNTNo,POLICY NUMaER CPS2807423 04/ 01/ 2018 PROFESSIONAL TURF MWAGEMENx, INC. 040AO i

THISENDORSEMENTCHANGESTHEPOLICY,PLEASEREADITCAREFULLY,

BLANKET ADDITIONAL INSURED ENDORSEMENT
ThisendorsementmodifiesInsuranceprovidedunderthefollowing:

COMMERCIAL. GENERAL LiA131LiTY COVERAGE PART
With respect to this endorsement, SECTION II • WHO IS a. Allwork, includingmaterials, partsor equip- AN INSURED Is amended to Include as an additional In- ment furnished in connection with such work, sured any person or organizationwhom you are required on the project ( other than service, mainte- to add as an additional insuredon this policy under a writ- nance or repairs) to be performed by or on be. ten contract, written agreement or written permit which half of the additional Insured(s) at the location must be: of the covered operations has been com-
a. Currently In effector becoming effective during plated; or the term of the policy; and b, That portion of" your work" out of which the In- b. Executedpriorto the"bodilyInjury," "property jury or damageariseshasbeenput to Its in- damage,"or"personalandadvertisingInjury," tended use by any person or organization other than another contractor or subcontractor
The Insurance provided to these additional insureds is Ilm- engagedInperformingoperationsfor a princi- ited as follows; palasa partofthe sameproject.

1. That person or organization Is an additional In- 3. The limits of Insurance applicable to the additional sured only with respect to liability for " bodily insured are those specified In the written contract, Injury,""propertydamage"or" personaland adver- written agreement or written permit or in the Decla- tlsing injury" caused,in whole or in part, by: rationsfor this policy, whichever is less.These lim- Its of insurance are inclusive of, and not in addition
a, Your acts or omissions; or to, the Limits of Insurance shown in the Declara- b, The acts or omissionsof those acting on your donsfor this policy, behalf.
4, CoverageIs notprovidedfor"bodilyinjury,""prop-
A person' s or organization' s status as an additional ertydamage," or"personalandadvertisingInjury" insured under this endorsement ends when arising out of the sole negligence of the additional your operations for that addltlorial Insured are insured. completed.

S. The Insurance provided to the additional Insured

2. With respect to the insurance afforded to these ad- does not apply to " bodily injury," "property dam- ditlonal Insureds, the following exclusions are age," or " personal and advertising Injury" arising added to item 2. Exclusions of SECTION I out of an architect` s, engineer' s or surveyor' s ren.

COVERAGES: duringof or failureto renderanyprofessionalserv- This Insurancedoesnot apply to "bodily Injury,"
ices Including:
property damage" or" personal and advertising In-
jury" occurring after;
Includescopyrightedmaterialof ISOProperties,Inc„withitspermission, Copyright, iSO Propertles, Inc,, 200
GhS- 1SOS( 7-06) Page 1 of 2
X.GENT
a. The preparing, approving or failing to prepare written contract specifically requires that this insu or approve maps, shop drawings,opinions, re- ante be primary. ports, surveys, field orders, change orders or
drawings and specifications; and When this insurance is excess, we will have no du- ty under SECTION I- COVERAGES to defend the
b. Supervisory, Inspection, architectural or engi- additionalInsuredagainstany"suit"If anyotherIn- neering activities, surer has a duty to defend the additional Insured

6. Any coverage provided hereunder will be excess against that" suit." If no other Insurer defends, we over any other valid and collectible Insuranceavail- will undertake to do so, but we will be entitled to able to the additional Insuredwhether primary, ex- the additional Insured' s rights against all those oth- c6ss, contingent or an any other basis unless a er Insurers.

AUTHORIZED REPRESENTATIVE DATE
Includescopyrightedmaterialof ISOProperties,Inc.,with Itspermission.

Copyright, ISO Properties, Inc., 2004
GLS- 150s( 7-06) Paga 2 of 2
COMMERCIAL GENERAL LIA>31LITY
4 CG 20 0104 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY

OTHER INSURANCE CONDITION
Thisendorsement modifiesInsuranceprovided underthe following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance Condl- 2) You haveagreedIn writing in a contractor tionandsupersedesanyprovisiontothecontrary: agreementthat this Insurancewould be prl- PrlmaryAnd Noncontributory Insurance mary and would not seek contribution from any other Insurance availableto the additionalThis Insurance Is primary to and will not seek con- Insured, tributlon from any other Insurance available to an
additionalinsuredunderyourpolicyprovidedthat:

I) The additional Insured is a Named Insured
under such other Insurance; and
CG 20 01 0.4' 13 Copyright, Insurance services Of i e, Inc„ 2012 Page 1 of` i MENT
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 Ed. 04- 84)
WAIVER Of OUR RIGHT To RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We havethe rightTo recoverourpaymentsfromanyoneliableForan injurycoveredby this policy.We.will Notenforceour right againstthe personOr organizationnamedInthe Schedule.(ThisagreementappliesonlyTo the extentthatyouperformwork under a written contract that requires you To obtain this agreement from us.) You mustmaintainpayrollrecordsaccuratelysegregatingthe remunerationOf youremployeesWhileengagedIn thework described In the Schedule.

TheadditionalpremiumForthisendorsementshallbe 5% Of the Californiaworkers'compensationpremiumotherwisedueon such remuneration.

Schedule
Person or Organization Job Description
City of Cupertino/ Blackberry Farm Golf Course 10300 Specific waiver per written contract j Torre Avenue Cupertino,
j
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This endorsement changes the policy to which It Is attached and is effective on the date issued unless otherwise stated.

The information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 4/ 1/ 2018 Policy No. TWC3709409 Endorsement No. 1 Insured Professional Turf Management, Inc.( A Corp) Premium$ 14375 Insurance Company Technology Insurance Company, Inc. 11 Countersigned by
I
WC 04 03 06 I
Ed. 04- 84)
I

SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY

CUPERTINO AND PROFESSIONAL TURF MANAGEMENT FOR CONTRACT

SERVICES FOR BLACKBERRY FARM GOLF COURSE MAINTENANCE
This SecondAmendment to the Contract betweenthe City of Cupertino and Professional Turf Management, for reference dated June 14, 2017, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Professional Turf Management, A California corporation whose address is P. O. Box 700142, San Jose, California, 95170, hereinafter" CONTRACTOR"), andis madewith referenceto thefollowing:

RECITALS:

A. OnDecember3, 2015, anagreementwasenteredinto by andbetweentheCity and Contractor( hereinafter" Agreement") for Contract Servicesfor Blackberry Farm Golf Coursemaintenanceand soil samplecollection andtesting.

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

NOW, THEREFORE, it is mutually agreedby andbetweenandundersignedpartiesas follows:

1. Section 1, " TERM" is modified to read as follows:

The Contractorshall continuework throughJune30, 2018, andshall diligently prosecute the work. This Agreementmay be renewedannuallyfor additionalone- year terms commencing July 1, 2018, at the City' s sole discretion and subject to appropriation, for up to three (3) additional one-year terms. The term of the Agreement shall terminate on June 30, 2018, unless terminated earlier as set for herein.

2. Section 3, " COMPENSATION TO CONTRACTOR', Sentence 1, is modified to read as follows:

Contractor shall be compensatedfor services performed pursuant to this Agreement in the amount and manner set forth in Contractor' s bid, which is attached hereto asExhibit` B" and incorporated herein by reference.

3. Except as expressly modified herein, all other terms and covenants set forth 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
Professional Turf Management A ip 1Co
orati0 "_By
By City ManagersDavid Brandt
4- 5, A, 7- Date 4/ z 2/ Z0l
Title

RECOMMENDED
h g /
FOR APPROVAL:

Date By
Director of Recreation and
Community Services, Jeff Milkes
APPROVED AS TO FORM:
13Y &)-- A
el City C-44 Attorney,
ATTEST:
k& jff4' L
City Clerk,
Amendment Amount$ 205, 200. 00
Account No. 560- 63- 616- 700- 702
CERTIFICATE OF LIABILITY INSURANCE 6/ l/( 2017
THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificateholderis an ADDITIONALINSURED,the pollcy(les) must be endorsed. If SUBROGATIONISWAIVED,subjectto the termsandconditionsof the policy,certainpoliciesmayrequirean endorsement. A statementon this certificatedoesnot conferrights to the certificate holder In lieu of such endorsement(s).

PRODUCER NAME:

VOLPATTI INSURANCE SERVICES INC PONo ( 925) 243- 0131 uc No:( 925) 243- 0132 511 Leisure Street ADORESS:ra Gk@volpatta . com
Livermore, CA 94551 INauRERta) Ar- FORQM COVERPOF NAKStl License#: OE40809 INSURERA: Scottsdale Insurance Company 41297 INSURED Professional ' Turf Management, Inc. INSURER0:Falls Lake Fire & Casualty Company 24538 INSURER C:
balifornia. Capital Insurance Company 13544
PO HOX 700142 INSURER D:

San Jose, CA 95170 INSURERE:

INSURER F.

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER;

THISISTO CERTIFYTHATTHEPOLICIESOF INSURANCELISTEDBELOWHAVEBEENISSUEDTO THEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT,TERM OR CONDITIONOF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS

CERTIFICATEMAYBE ISSUEDOR MAYPERTAIN, THE INSURANCEAFFORDEDBY THE POLICIESDESCRIBEDHEREINIS SUBJECTTO ALL THE TERMS, EXCLUSIONSAND CONDITIONSOF SUCH POLICIES.LIMITSSHOWN MAYHAVE BEENREDUCEDBY PAIDCLAIMS.

INBR ADUL POLICY EXP
TYPE OF INSURANCE LIMIT$
LTR o POLICY NUMBER MM/DOUBIRn MMIDD
GENERAL LIABILITY EACH OCCURRENCE s 1, 000 000
X COMMERCIAL GENERAL LIABILITY PREMISES Ea= Wane s 100, 000 CLAIMS- MADE ® OCCUR MED EXP( Any one person) $ 5, 000 A
y
CPS2609259 09/ O1J201? 09/ Ol/ 2018 PERSONAL&ADVINJURY s 1, 000, 000 GENERAL AGGREGATE s 2, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG s 2, 000, 000 POLICYIX JCTEl LOG
AUTOMOBILE LIABILITY Ea accident
ANYAUTO BODILY INJURY(Per Perron) $
AUT
OWNED

SCHEDULED
BODILY INJURY( Par acddent) $
PRO E
HIRED AUTOS AUTOSWNEo Per accdent
S
UMBRELLA LIAB OCCUR EACH OCCURRENCE s
EXCESS LIAB CLAIMS. MADE AGGREGATE
DEDJ IRETENTION$

WORKERS COMPENSATION X T YT T E -

AND EMPLOYERS' LIABILITY

ANY PROPRIETORIPARTNEMXECUTIVE
YIN
NIA y
E. L. EACH ACCIDENT $ 1, 000, 000
B (
MandaMtoNH)
EXCLUOEA?
PLA005003- 00 04/ 01/ 17 04 01 18 E.L,DISEASE-EAEMPLOYS-$ 1, 000, 000Mandatory to NH) I( yyeesdescribeunder E. L. DISEASE- POLICY LIMIT $ 1, 000, 000 pENIPTION OF OPERATIONS Below
Commercial Inland Contractors Equip.

C Marine 3-- MIA- 1- 026769 6/ 23/ 2016 6/ 23/ 2017 $ 213, 275 Deductible 500
DESCRIPTIONOFOPERATIONSI LOCATIONSI VEHICLES (AttachACORD101,AdditionalRemarksSchedule,if morespaceIsrequUed) The City of Cupertino, its directors, officers, agents, consultants and employees are named as additional insured in regard to General Liability and Primary/ Non-Contributory wording is attached to this policy. Waiver of Subrogata, on in regard to workers compensation in favor of City of Cupertino.

The issuing insurer will endeavor to mail 30 days written notice of cancellation.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Avenue
ACCORDANCE WITH THE POLICY PROVISIONS.

Cupertino, CA 95014

AUTHORIZED REPRESENTATIVE
0 988- 20 0 D CORP T[ ON. All rights reserved.

ACORD26( 2010/ 06) The ACORD name and logo are registered marks of ACORD

FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF

CUPERTINO AND PROFESSIONAL TURF ANAL ENT FOR CONTRACT

SERVICES FOR BLACKBERRY FARM GOLF COURSE MAINTENANCE
This First Amendment to the Agreement between the City of Cupertino and Professional Turf Management, for referencedated June22, 2016, is by and between the CITY OF CUPERTINO, a municipal corporation ( hereinafter " CITY") and Professional Turf Management, a California Corporation, whose address is P. O. Box 700142, San Jose, California, 95170, (hereinafter referred to as " Contractor"), and is made with referenceto the following:

RECITALS:

A. On December 3, 2015, an agreement was entered into by and between City and Contractor ( hereinafter " Agreement") for Contract Servicesfor Blackberry Farm Golf Course maintenance and soil sample collection and testing.

B. City and Consultant 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 asfollows:

1. Section 1, " TERM" is modified to read as follows:

The Contractor shall continue work through June 30, 2017, and shall diligently prosecute the work. This Agreement may be renewed annually for additional one-year terms commencing July 1, 2017, at the City' s sole discretion and subject to appropriation, for up to four ( 4) additional one-year terms. The term of this Agreement shall terminate on June 30, 2017, unless terminated earlier as set for herein.

2. Section 3, " COMPENSATION TO CONTRACTOR", sentence 1, is modified to read as follows:

Contractor shall be compensated for servicesperformed pursuant to Page I of 2
First Amendment
ProfessionalTurf Management Contract, Blackberry Farm Golf Course this Agreement in the amount and manner set forth in Contractor' s bid, which is attachedhereto asExhibit " B" and incorporated herein by reference.

3. Except as expressly modified herein, all other terms and covenants set forth 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.

Professional Turf Management CITY OF WPERTINO
AMu ip Corporan
B By
City Manager, David Brandt
Title
Date a J 3 LFC' Date
RECOMMENDED 111-1OR APPROVAL
By
Acting b-ir- e"ctor of Recreation and
Community Services, Christine M.

Hanel
APP OVED AS TO FORM:

By
City Attorney, Randolph Stevenson Horn
ATTEST:

City Clerk, GraceSchmidt
Amendment Amount$ 205, 200. 00
Account No. 560- 63- 616- 700- 702

First Amendment
ProfessionalTurf Management Contract, Blackberry Farm Golf Course

CONTRACT

AGREEMENT BETWEEN THE CITY OF CUPERTINO AND

PROFESSIONAL TURF MANAGEMENT FOR

BLACKBERRY FARM GOLF COURSE MAINTENANCE
THIS AGREEMENT, for reference dated December 3, 2015, is by and between CITY OF CUPERTE\TO,, a municipal corporation ( hereinafter referred to as "City"), and Professional Turf Management, a California corporation, whose address is P.O. Box 700142, San Jose, CA 95170, hereinafter called the Contractor, and is made with reference to the following:

RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business asit is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code.

B. City and Contractor desire to enter into an agreement for Blackberry Farm Golf Course Maintenance, in accordance with the Technical Provisions, General and Special Conditions, and Special Environmental Conditions.

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

1. TERM:

The Contractor shall begin work on January 1, 2016 and continue work through June 30, 2016, and shall diligently prosecute the work. This Agreement may be renewed annually for one- yearterms commencingJuly 1, 2016through June30, 2017, at the City's solediscretionand subject to appropriation, for up to five (5) one-year terms (possible total term 5.5 years).

2. SERVICES TO BE PERFORMED:

Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordancewith the Scopeof Work ( see Exhibit A). The General and Special Conditions, Technical Provisions and Special Environmental Conditions are hereby referred to and expressly made a part hereof with the same force and effect asif the samewere fully incorporated herein,

3. COMPENSATION TO CONTRACTOR:

Contractorshall be compensatedfor servicesperformedpursuant to this Agreementin the amount and manner set forth in Contractor' s bid, which is attached hereto as Exhibit " A" and incorporated herein by this reference. 'Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City, to be taken from the fund asindicated in the city' s adopted budget.

Contractor Agreement Page I of 17
BlackberryFarmGolf CourseMaintenance2016

4. TIME IS OF THE ESSENCE:

Conti-actor and City agree that time is of the essenceregarding the performance of this Agreement.

5. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the SanFranciscoBay Area and agreesthat all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City.
6, INDEPENDENT PARTIES:

City and Contractor intend that the relationship between them created by this Agreement is that of an independent contractor. The manner and means of conducting the work are under the , control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquiredby virtue of Contractor'sservices. Noneof thebenefitsprovidedby City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERSpayments, or other purposes normally associatedwith an employer- employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor.

7. IMMIGRATION REFORM AND CONTROL ACT( IRCA):

Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expensesarising from any noncompliance of this provision by Contractor.

S. NON- DISCRIMINATION:

Consistent with City' s policy that harassment and discrimination are unacceptable employer/ employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religiouscreed, color,nationalorigin, ancestry,handicap, disability,marital status, pregnancy, sex, age, or sexualorientationwill notbetolerated, Contractoragreesthat any and all violations of this provision shall constitute a material breach of this Agreement,

9. HOLD HARMLESS:

Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employeesand volunteersagainstany and all liability, claims, stop notices, actions, causesof action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any Contractor Agreement Page 2 of 17
Blackberry Farm Golf Course Maintenance 201.6
nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor' s employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damageis causedby the soleor activenegligenceor willful misconductof City, its agentsor employees. Suchcostsand expenses shall include reasonable attorneys' fees of counsel of City' s choice, expert fees and all other costs and fees of litigation.

Contractor agreesto obtain executedindemnity agreementswith provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in th"e performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agreesto be fully responsible according to the terms of this section. 10, INSURANCE:

On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraph 10A, B, C and D. Such certificates, which do not limit Contractor' s indemnification, shall also contain substantially the fallowing statement: " Should any of the above insurance covered by this certificate be canceled or coveragereducedbeforethe expiration datethereof, the insurer affording coverageshall provide thirty ( 30) days' advance written notice to the City of Cupertino by certified mail, " Attention: City Manager." It is agreed that Contractor shall maintain in force at all tunes during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. Contractor to complete the attached Document 00530 Insurance Forms.

A. COVERAGE:

Contractor shall maintain the following insurance coverage:
1) Workers' Compensation;
Statutory coverage as required by the Stateof California; Employers' Liability 1,000,000 per occurrence
2) General Liability:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: 500, 000
each occurrence
1, 000, 000
aggregate- all other
Property Damage: $ 500, 000 each occurrence
1 1, 000, 000 aggregate
If submitted, combined single limit of$ 1,000,000per occurrence;$2, 000, 000 in the aggregate will be considered equivalent to the required minimum limits shown above.

Contractor Agreement Page 3 of 17
BlackberryFarmGolf CourseMaintenance2016
3) Automotive:

Comprehensive automobile liability coveragein the
following minimum limits:

Bodily injury: $ 500, 000 each occurrence
Property Damage: $ 500, 000 each occurrence
or
Combined Single Limit: $ 1, 000, 000 each occurrence
B. SUBROGATION WAIVER:

Contractor agreesthat in the event of loss due to any of the perils for which it has agreed to provide comprehensivegeneraland automotiveliability insurance, Contractorshall look solelyto its insurance for recovery. Contractorherebygrants to City, on behalf of anyinsurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance.

C. FAILURE TO SECURE:

If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensatedby the Contractor for the costsof the insurance premiums at the maxi-i-num rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

D. ADDITIONAL INSURED:

City, its City Council, boards and commissions, officers, employees, and vol-ur-iteers shall be named as an additional insured under all insurance coverages, except worker' s compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expenseof any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense coveredby the insurance provided by this policy.

E. SUFFICIENCY OF INSURANCE:

The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor' s insurance broker to determine adequate coverage for Contractor.

11. BONDS:

Not applicable.

Contractor Agreement Page 4 of' 17
Blackberry Farm Golf Course Maintenance 2016

12. PROHIBITION AGAINST TRANSFERS:

Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consentshall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignirient, hypothecation or transfer. However, claims for money by Contractor from City under this Agreementmay be assignedto abank, trust companyor other financialinstitution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interestof any generalpartner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assigninent of this Agreement. Control means fifty percent( 50%) or more of the voting power of the corporation.

13. SUBCONTRACTOR APPROVAL:

Unlessprior written consentfrom City is obtained, only thosepeople and subcontractors whose names are listed iri Contractor' sbid shall be used in the performance of this Agreement.

Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services.

Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order.

In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensationinsuranceandshall alsoberequired to carrygeneraland automobile liability insurance in reasonable conformity to the.insurance carried by Contractor. In addition, any work or servicessubcontractedhereundershall be subjectto eachprovision of this Agreement,

14. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of serviceshereunder.

15. REPORTS:

Each and every report, draft, work product, map, record and other document reproduced, preparedor causedto bepreparedby Contractorpursuantto or in connectionwith this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement.

No report information nor other data given to or prepared or assembledby Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City.

Contractor shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement.

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Blackberry Farm Golf Course Mau-itertance 2016

16. RECORDS:

Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services Mulder this Agreement.

Contractor shall maintain adequate records of services provided in sufficient detail to permit anevaluationof services. All suchrecordsshallbemaintainedin accordancewith generally acceptedaccountingprinciples and shall be clearly identified and readily accessible. Contractor shallprovide freeaccessto suchbooksandrecordsto therepresentativesof City or its designeesat all proper times, and gives City the right to examineand audit same, and to make transcripts therefrom as necessary, and to allow inspectionof all work, data, documents, proceedingsand activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment.

If supplemental examination or audit of the records is necessary due to concerns raised by City's preffi-ninary examinationor audit of records, and the City's supplementalexaminationor audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the suppleAlental examination or audit.

17. NOTICES:

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed ashereinafter provided.

All notices, demands, requests, or approvals from Contractor to City shall be addressed to City at:

City of Cupertino
10300 Torre Avenue
Cupertino CA 9501. 4
Attention: Carol Atwood, Director of Recreation and Community Services All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at:

Professional Turf Management
P. O. Box 700142
San Jose, CA 951,70
Attention: Michael Basile, President
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Blackberry Farm Golf Course Maintenance 2016

18. URBAN RUNOFF MANAGEMENT:

The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading or other activities that may create dust or erosion. If water is used for dust control, contractorshalluseaslittle asnecessary. Contractorshalltakeall stepsnecessary to keep wash water out of the streets, gutters and storm drains, The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Suchcontrolincludesbut is not limited to:

A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. ( Block storm drain inlets prior to the start of the rainy season October 15), in site de-watering activitiesand saw-cutting activities; shovel or vacuum saw-cut slurry andremovefrom thesite).

B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers,
C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the streetshall be washedand thewashwater shallbe collectedand disposedof offsitein an appropriate location.

D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff,
E. Contractor shall maintain. a clean work area by removing trash, litter, and debris at the end of eachwork day. Contractorshall alsocleanup anyleaks, drips, and otherspills asthey occur.

The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up- graded as required, maintained during construction phases to provide adequate protection, andremovedat theend of construction.

These recorru- nendations are intended to be used in conjunction with the State' s Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction.

Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and. fifty dollars ($ 250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code '13385.

19. TERMINATION:

In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the mamier required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof.

City sball have the option, at its sole discretion and without cause, of terminating this Contractor Agreement Page 7 of 17
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Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon terminationof,this Agreement, eachparty shallpayto theotherparty that portion of compensation specified in this Agreement that is carried and unpaid prior to the effective date of termination.

20. COMPLIANCES:

Contractor shall comply with all stateor federal laws and all ordinances,rules and regulationsenactedor issuedby City. Specifically, andwithout limitation, Contractorshallcomply with all state, federal, or local regulation regarding the removal and disposal of hazardous waste, A. PREVAILING WAGES: To the extent applicable,Contr actor shall comply with the City' s Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. Contractor shall pay prevailing wages. Contractor will submit monthly certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delayin remitting certifiedpayroll reportsto the City upon requestfrom the City will result in either delay and/or forfeit of outstanding payment to Contractor.

B. WORKING DAY: Contractor shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of contractors in excessof 8 hours per day, and 40hoursduring anyoneweek, mustbecompensatedasovertime, at notlessthan 1 1/2 times the basic rate of pay, to the extent applicable,
C. PAYROLL RECORDS: Contractor shall comply with California Labor Code Section 1776which requires certified payroll records be maintained with the name, address, social Security number, work classification, straight time and overtime hours worked eachday and week, and the actual per diern wages paid to eachjourneyman, apprentice, worker, or other employee employed by him or her in connectionwith this Agreement, to the extentapplicable, ThePayroll Records shall be made available for inspection asprovided in California Labor Code Sect-loll 1776.

D. APPRENTICES: Contractor shall comply with California Labor Code Section 1777.5 regarding apprentices, to the extent applicable,

21. CONFLICT OF LAW:

This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over-this Agreement (or the successors of those authorities) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of SantaClara, Stateof California.

22. ADVERTISEMENT:

Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services Conti- actor Agreement Page 8 of 17
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performed under this Agreement tmless prior written approval has been secured frorn City to do otherwise.
23, WAIVER:

A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequentbreach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

24. INTEGRATED CONTRACT:

This Agreementconsistsof this documentaswell asthefollowing documents, including all changes, addenda, and modifications thereof which are incorporated herein by reference:

Document 00400, Bid Form
Document 00430, Subcontractors List
Document 00450, Statement of Qualifications
Document 00481, Non- Collusion Affadavit
Document 00482, Bidder Certifications
Document 00530, Insurance Forms
Document 00660, Substitution Request Form
Document 00700, General Conditions
Document 00800, Special Conditions
Document 00820, Special Environmental Conditions
Document 00821, lrisuranc6
Document 00822,Apprenticeship Program
Technical Provisions
Addenda( No. I and 2)
This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoeverkind or nature aremergedherein. No verbal agreementor implied covenantshall.be held to vary the provisions hereof. Any modification of this Agreementwill be effectiveonly by written execution signed by both City and Contractor.

25. INSERTED PROVISIONS:

Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein, If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party.

26. CAPTIONS:

The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.

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Blackberry Farm Golf Course Maintenance 2016
P. O. No.: 10(- 3 9
IN WITNESSWHEREOF, the partieshavecausedtheAgreementto beexecutedon the day and year first above written,

CONTRACTOR CITY OF CUPERTINO
Professional Turf Management A Municipal Corporation
7 By B 4&
David Brandt
Name City Manager
Title— 61,I), 1 e r 1l es() C' l
Date Date
Address: RECOMMENDED FOR APPROVAL:

P. O. Box 700142
San Jose, CA 95170
By 4, 1
Carol Atwood
Director of Recreation& Community Services
APPROVED AS TO FORM:

By
Col eenWinchester, Acting City Attorney
ATTEST:

GraceSchmidt, City Clerk
Contract Amount: $ 99, 600. 00
Account No. :
7 0
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EXI- 11BIT A

SCOPE OF WORK

BLACKBERRY FARM GOLF COURSE MAINTENANCE
Work to provide maintenance of Blackberry Farm Golf Course

1. PUTTING GREENS

1. 01 SCOPE: Greens shall be maintained disease and weed free. Complete renovation of any green is not included in this maintenanceproject.

1. 02 MOWING FREQUENCY': Winter— six times per week. Spring/Summer/Fall— six times per week. Contractor to recycle grasstrimmings.

1. 03 CHANGING CUPS: Contractor shall changethe cup location daily year-round.

Placement is to be at least 8 feet from edgeof green on level surface. When requested, use the 1/ 3 rule— 1/3 of the pins back, 1/3 pins middle, 1/3 pins up.

1.04 HEIGHT OF CUT: Is to be 0. 135 of an inch

1. 05 FERTILIZATION: Contractor to collect soil samplesyearly to determine recommendednutrients, rates of application and frequency of application, with the goal of a sustainable fertility program. Use organic fertilizers, i.e. Earthworks or approved equivalent. The City shall determine which of the greensareto be tested.

Contractor to use Logan Laboratories or City approved equal for soils testing and recorninendations. All fertilizer shall be applied in accordance with all applicable laws, codes, specifications andpolicies and at minimum ratesthat are consistent with healthy turf.

1. 06 AE RIFICATION/ TOP DRESS/ VERTI- CUTTING: Contractor is to perform Dryfect aerification or equal twice a year in March/ April and September/October, and overseed with Pencross bentgrass in September. Perform a DryJcct Maximus aerification. or equal in July. Verti- cut greensmonthly during the growing season.

Top-dresswith TD320 from TMT enterprisesor City approvedequal.

1. 07 PESTICIDE APPLICATION: All pesticide application shall be completed by a qualifiedpersonin accordancewith all applicablelaws, codes, specificationsand policies. Greensto bemaintaineddiseaseandweedfree. Apply all chemicals sparingly. Applications shall be asper EPA regulations. Contractor must possess SDS (safety data sheets) for all materials. All posting and re-entry requirements must be followed. Contractor to submit montl-Ay a written report of all pesticide applications. A recommendation by a licensed Pest Control Advisor( PCA) that is familiar with Blackberry Farm Golf Course and with its setting and protected natural resourcesis required for applications, and a licensed staffer with a current Qualified Applicator License( QAL) or is a Qualified Applicator Certificate holder( QAC) shall be on site andprovide oversight during applications is required. All work shall adhereto all laws, regulations and applicable guidelines for all pesticide applications.

Contractor may be required to obtain a Restricted Materials Use Permit andNotice of Intent prior to any applications.

1.08 PROTECTION OF CREEK AND PONDS: No runoff from fertilizer, pesticide or chemical applications shall flow into creeksor ponds nor to drainage hilets that dischargeto creeks or ponds.

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1. 09 INTERSEEDING: Contractor shall interseedgreenswith City approvedmix of creeping bentgrasstwo times per year, in the spring and fall at a rate of 2 lbs. per 1,000 sq. fect unless otherwise directed.

2. COLLAR MAINTENANCE

2. 01 MONNTfNGFREQUENCY: Twice weekly in spring/summer/fall and once a week in winter,

2. 02 HEIGHT OF CUT: to be 1/2inch all year

2. 03 FERTILIZATION: to be fertilized the sameas greens

2. 04 NVEED CONTROL: to be applied the sameasgreens

3. TEE MAINTENANCE

3. 01 MOWING FREQUENCY: Two to three times per week in spring/suminer/fall and one to two times a week in winter.

3. 02 HEIGHT OF CUT: to be 1/2inch all year

3. 03 FERTILIZATION: Contractor to collect at least one soil sampleyearly to determine the recommended complete fertilizer to use. Contractor to use Logan Laboratories or City approved equal for soils testing andrecommendations. Fertilizer to be applied four times a year in March, May, late August and October. The application rate shall be at the manufacturer' s recommended rate. All fertilizer shall be applied in accordancewith all applicable laws, codes, specification and policies and at mij.-i_muni rates consistentwith healthy turf. Special care shall be taken to prevent-fertilizer or fertilizer- containing runoff from getting into creek areasor ponds.

3. 04 AERIFICATION: Contractor to aeratefour tunes per year in May and October and as needed.

3. 05 OVERSEEDING: Contractor to overseedfour times per year with peremlial rye grass, at 8 lbs. per 1,000 sq. feet unlessotherwise directed. Contractor to use seeder/slicer( verti- cutting) unit.

3. 06 TEE AIIARKE RS: Contractor shall move and rotate daily. Keep 10 feet apart and 8 feet from back of tee( except where markers do not allow).

3. 07 PERMANENT YARDAGE, MARKERS: Contractor to keel) visible at all times,

3. 08 NVEED CONTROL: Contractor to apply two broadleaf weed control in the spring and fall. Broadleaf weed control is for, but not limited to, English Daisy, clover, spurgeand chickweed. Contractor to apply one Crabgrasscontrol in spring. All weed controls shall be applied in accordance with all applicable laws, codes, specification andpolicies.

3. 09 PROTECTION OF CREEK AND PONDS: No runoff from fertilizer, pesticide or chemical applications shall flow into creek areasor ponds nor to drain inlets that dischargeto creek areasor ponds.

3. 10 SEED AND TOPSOIL TEES: Contractor to place seedsand sand/organic compost mix on.tees daily to repair divots.

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Blackberry Farm Golf Course Mahitenance 2016

4. FAIRWAY MAINTENANCE

4. 01 MOWING FREQUENCY: two to three times per week in growing season, and one to two times per week in winter

4. 02 HEIGHT OF CUT: 3/ inch all year

4. 03 FERTILIZATION: Contractor to collect one soil sampleyearly to determine the recommended complete fertilizer to use. Contractor to use Logan Laboratories or City approved equal for soils testing and recommendations. Fertilizer to be applied four times a year in March, May, late August and October. The application rate shall be at the manufacturer' s recommended rate. All fertilizer shall be applied in accordancewith all applicable laws, codes, specifications andpolicies and at minimum rates consistent with healthy turf.

4. 04 AERIFICATION: VE RTI- CUTTING: Contractor to aerate, verti- cut onceper year in April/ May.

4. 05 OVERSEEDING: Contractor shall overseedwith Perennial Rye one time per year, 8 lbs. per 1,000 sq. feet unless otherwise directed. Use seeder/slicer for distribution.

Perform spot-overseeding asneededwith Perennial Rye.

4. 06 WEED CONTROL: Contractor to apply broadleaf weed control twice per year, in the spring and fall. Broadleaf weed control is for, but not limited to, English Daisy, clover, spurgeand chickweed. Contractor to apply one Crabgrasscontrol in spring, All weed controls shall be applied in accordance with all applicable laws, codes, specification andpolicies,

4. 07 PROTECTION OF CREED AND PONDS: No runoff from chemical applications shall flow into creek areasor ponds. Contractor shall cover the drain inlets and drainage structures that discharge to the creek for one week after the application of any chemicals.

5. ROUGH MAINTENANCE

5. 01 MOWING FREQUENCY: twice per week all year

5. 02 HEIGHT OF CUT: I to I V2inchesall year

5. 03 FERTILIZATION: SameasFairway Maintenance

5. 04 AERIFICATION: SameasFairway Maintenance

5.05 WEED CONTROL: Contractor to apply two broadleaf weed control in the spring and fall. Broadleaf weed control is for, but not limited to, English Daisy, clover, spurge and checkweed. Contractor to apply one Crabgrasscontrol in spring. All weed controls shall be applied in accordancewith all applicable, laws, codes, specification andpolicies.

5.06 PROTECTION OF CREED AND PONDS: No runoff from chemical applications shall flow into creeks or ponds.

7. EQUIPMENT AND EQUIPMENT STORAGE

7. 01 GREEN EQUIPMENT: The City encouragesthe Contractor to use Environmentally Friendly or Green equipment and supplies for this contract.

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7. 02 SCOPE: All mowing equipment shall be on a regular preventive maintenance schedulefor hydraulicandoil linessoasto minin-dzedamageto turf andprotectthe creek and wildlife habitat from leaks. Hydraulic hosesshall be changedoff site every six months.

7. 03 GREENS: Mowing equipment shall be 9 or more bladed, reel-type mower with a frequency of out at a minimum of. 25 at 3.6 mph.

7. 04 TEES: Mowing equipment shall be 7 or more bladed,reel-type mower with a frequency of cut at a minimum of. 53 at 4.2 mph.

7. 05 FAIRWAYS: Mowing equipment shall be 6 or more bladed, reel-type mower with a frequency of cut at a minirnum, of. 67 at 5.0 mph.

10. PARKING LOT AT GOLF COURSE ENTRANCE

10.01 SWEEPING: Contractor shall sweepmonthly. Manually using ablower is acceptableduring the hours of 7:00 am to 8:00 pm on week days and 9:00 am to 6:00 pm on weekend, and in accordancewith the City' snoise ordinance.

10. 02 LOOSE TRASH AND GARBAGE CANS: Contractor shall pick up trash and check areadaily.

10.03 BROKEN GLASS/ BOTTLES: Contractor shall pick up and disposeof broken glassor similar potentially harmful materials immediately.

11. CLUBHOUSE & MAINTENANCE BUILDING

11.01 REST ROOMS AT INIAI"NTTENANCE BUILDING: Public restroorns for golfers exist on the golf- facing side of the golf maintenancebuilding. The public rest rooms will be cleanedand maintained by the City or City' s designee.

11.02 PATIO: Contractor shall sweepdaily.

11.03 RECYCLED CARDBOARD CONTAINERS: Shall be emptied at leastonce per week.

12. ENTRY AREA/ CLUBHOUSE GROUNDS

12. 01. FLOWER BEDS: Contractor shall weed, mulch, water and replenish as needed.

12.02 TRASH: Contractor shall pick up daily,

12. 03 FOOT BRUSHES: Contractor shall clean and check weekly andreplacewhen worn.

12.04 WALKWAYS: Contractor shall SIA7eepdaily when weather permits,

12. 05 TRASH AND CIGARETTE CANS: Contractor shall empty cans daily and comply with City' s recycling standards.

12.06 LEAKS FROM GOLF CARTS: Contractor shall cleaninunediately.

12.07 LANDSCAPE SHRUBBERY: Contractor shall trim monthly and asneeded.

12.08 ANNUAL PLANTINGS: Contractor shall remove and re-plant minimum 2 times per year the two planter boxes located at the clubhouse. The planter box on number onetee measuring roughly 4.5 ft. by 35.5 ft. ( 160 S.F.) and the planter box to the left Conti- actor Agreement Page 14 of 17
Blackberry FerretGolf Course Mavitenarice 2016
of the building along the restroom walkway measuring roughly 8 ft. by 34 ft. ( 272 S. F.).

12. 09 DRIVING RANGE: Contractor shall cut grassweekly and fertilize and aeratethe same as fairways.

12. 10 WEED CONTROL( NON- SELECTIVE): Conti- actor shall use mechanical method of trimming or removing undesirable vegetation in tree wells, perimeter and interior fence lines, barriers, railroad ties, delineators, and along edgesof golf play areasthat arealong the creek or associatednative planting areas.

12.11 LITTER: Contractor shall remove daily,

12. 12 TRASH AND DEBRIS ( FROM MAINTENANCE): Contractor shall remove as it occurs and dispose of it in a safe and legal manner.

12.13 SOIL, WATER SAMPLES: Contractor shall take samplesannually or more often if unusual growth habits develop,

12. 14 RODENT CONTROL: Contractor shall begin i-ininediate eradication action following local, state and federal guidelines when gopher or ground squirrel activity occurs. Contractor is not allowed to use rodemicides nor any chemicals to control. rodents. Acceptable methods may include carbon dioxide use, trapping, exclusion, or burrow sealing/removal, or using other techniquesasacceptableto City.

12. 15 SAND TRAPS: Complete renovation of any sandtrap is not included in this maintenanceproject. Contractor shall rake daily. Contractor shall keep sand at 4 inches in depth minimum andkeep clean of all weeds. When using power rake, stay about one foot from edgeof trap. When hand-raking edge of trap, put sandinward on low side andpull outward on high side. Contractor to edgetraps monthly and as needed. Do not drag sandout of trap when exiting trap with power rake,

12.16 TREES: Any tree removal or tree replacementmust be approved by the City and any expenditures incurred will be outside the standardscope of work, Contractor shallkeepall treestrimmedatleast6 feetfrom thegroundto preventdamageto golf cart tops andmaintenance equipment, except for trees and shrubs along the creek which shall only be trimmed asacceptableto the City Naturalist. Contractor shall maintain trees in a safe,healthy, and aesthetically pleasing condition at all times, Contractor shall mow, weed and/ or mulch tree wells as needed. Contractors shall iminediately remove any broken tree limbs. Downed blush shall be removed as soon aspossible, All trimmings or debris shall be removed from the course,unless they are chipped, and used for mulch on site. Contractor shall not be responsible for removal of dead or fallen trees; such removal shall beat the City' s expenseunlessit is determined that the condition was causedby the Contractor' s negligence.

12.17 USDA GREEN SECTION VISIT: Contractor shall have a USGA staff agronomist visit the courseyearly on the following schedule: first year in the spring, secondyear in the sumnier, third year in the fall, no winter visits. Contractor shall act on all appropriate recoininendations that result from these visits.

12.18 LEAF PICKUP: Contractor shall remove leaves daily or asnecessary.

12.19 VANDALISAI/ GRAFFITT: Contractor shall correct vandalism immediately and remove graffiti within 24 hours.

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Blackberry Farm Golf Course Maintenance 2016

14. OTHER AREAS

14.01 TEE MARKERS: Contractor shall have two setseachhole. Missing or broken markers shall be replaced immediately.

14.02 BENCHES/ TEE SIGNS: Contractor shall immediately remove any damagedbench, andnotify supervisor so that City can replaceit. Any damagedtee sip shall be removedassoonaspossible, andnotify supervisorsothatCity canreplaceit.

14.03 YARD MARKERS: Contractor shall replace asneededany yard markers.

14. 04 GREENS FLAGS, POLE, CUPS: Contractor shall replaceflags, poles and cups when they are discolored, frayed or damagedin any way,

14. 05 BALL WASHERS: Contractor shall check for water/soap daily. Contractor shall replacetee towels monthly or more often if towel is frayed, discolored, or aesthetically unpleasing.

14. 06 SAND TRAP RAKES: Contractor shall keep two rakesper trap or more asneeded, andreplace any missing or broken rake immediately.

14. 07 OUT- OF- BOUNDS/ HAZARD STAKES: Contractor shall replace white our- of- bounds stakesimmediately if missing or broken.

14. 08 OVERSEEDING: Contractor shall spot- overseed with Perennial Rye when needed.

14. 09 PONDS: Contractor shall keep the ponds free from algae and excessivegrowth of plant material.

14.10 BRIDGE: Contractor shall inspectbridge daily for safe conditions andrepair structuresimmediately when necessary.

14.11 FOOT GOLF: Contractor shall maintain 9 hole foot golf course, with all tee markers, holes, cups, flagpoles, and flags. Edging aroundthe cups shall be done weekly.

15. IRRIGATION

15.01 SCOPE: Irrigation system shall be maintained in a maniier to provide proper watering. Any major irrigation systemrepairs or improvements arenot included in this maintenance project.

15.02 MAINTENANCE: Contractor shall maintain system, including lateral lines, sprinkler heads, andcontrollers in good operating repair, functioning properly, and conforming to related laws, codes andregulations. No valves or water main repairs areincluded in this maintenanceproject. Contractor shall notify the City immediately when valve or water main repairs arenecessaryfor proper operation.

15. 03 FREQUENCY: Contractor is to irrigate as required to maintain adequate moisture for growth rate and appearance. Contractor is to hand-water asneededany and all portions of the coursethat do not receive adequatewater from the irrigation system,

15.04 TESTING FOR ADEQUATE SOIL MOISTURE: Contractor shall determine by visualobservation,plantresiliency,turgidity, examiningcoresremovedby soilprobe, and moisture sensor devices.

15.05 WATER CONSERVATION: Irrigation controllers shall beprogrammed to maintain course appearanceand health of vegetation while maximizing water conservation. '
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15. 06 WIND PROBLEMS: In areaswhere wind createsproblems of spraying onto private propertyor roadrights of way, operationshalloccurduringperiodof lowestwind velocity.

15. 07 MONITORING: Contractor shall make corrections for coverage, adjustment, clogging of lines, and removal of obstacles, tilting of heads, and managementof plant materials that obstruct the spray asthey occur.

15.08 SYSTEM CHECK: Contractor shall check the system daily during months of operation.

15.09 PUMPING PLANT: Pumping plant shall be maintained the City.

15.10 WATER COST: Water costs shall be paid for by the City.

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EXHIBIT B - 1

SCHEDULE OF BID PRICES
Conti- actor' s Name: fad, 4nQ,
ul,

SCHEDULE OF BID PRICES
All Bid items, including lump sumsand unit prices, must be filled in completely, Allowances andAlternative Bid items if applicablearedescribedin Document00800(SpecialConditions). Quotein figuresonly,unlesswordsarespecifically requested.

ITEM
SPEC

DESCRIPTION UNIT

EST UNIT TOTAL
REF QTY PRICE Qty x Unit Price)
1 Technical Provide one month of maintenance at
Provisions Blackberry Farm Golf Course, Jan.— June month 6 00800 2016
2 Technical
Provisions Soil Sample Collection& Testing EA 6
OJ200,
TOTAL BASE BID V11
Total Bid: N t M 9 VJ_S ' Itit IP2X1
words)

SCHEDULE OF ALTERNATES

ALTERNATES

ITEM SPEC DESCRIPTION UNIT EST UNIT TOTAL
I REF QTY. PRICE Qty x Unit Price)
BID ALTERNATE 1: Provide Maintenance at Blackberry Farm Golf Course, Jul 2016- June 2017
Technical
Provide maintenance, each month, July IQ3 Provisions
2016- June 2017
month 12
2-oq oo(D00800
4 Technical
Soil Sample Collection and Testing EA 12Provisions 00
BID ALTERNATE 1, TOTAL, ITEMS 3+ 4 z o,5, zoo,­
BID ALTERNATE 2: Provide Maintenance at.Blackberry Farm Golf Course, July 2017- June 2018
Technical
Provide maintenance, each month, July5 Provisions
2017- June 2018
month 12 %&
00800 11000 2-DI4, Dou
Technical6 Provisions Soil Sample Collection and Testing EA 12 BID ALTERNATE 2, TOTAL, ITEMS 5+ 6 2- 0
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
City 017cupertillo Bid Form
Blackberry Farm Golf Course Maintenance 2016 00400- 3
Amendment 1, Agmt. between City of Cupertino Exhibit B, Page I Exhibit B Professional Turf Management
EXHIBIT B - 1
SCHEDULE OF BID PRICES, continued
Contractor' s Name: N 54L LA

ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS
Bidderherbyacknowledgesreceiptandexaminationof all ContractDocumentsandthefollowingAddenda:

Addendum No. Addendum Datp
1 11 / S OwNeup,
Z_
Bidder proposesand agreesto fully perform the Work within the time statedandin strict accordancewith the Contract Documents for the sumsof money listed in this Bid Form.

NAME OF BIDDER:.---. PA,0 6 S( t, jJ A Julu q,4A
v
licensed in accordancelvithlan act for the registration of Contractors,andwith license number:

Expiration Date: i U
1(
311110 1-7
N
I '
Where incorporated, if applicable
Principals
I certify( or declare) under penalty of perjury under the laws of the Stateof California that the foregoing is 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 authorized to sign contractson behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partnersauthorizedto sign contracts on behalf of the partnership. n I
Business Address: 0, 700 1
Sals; rA
Officers authorized to sign contracts:

Ty d Fu l Name:

Telephone Number( s): rq()' IS- 3? 61
Fax N urn ber( s): CI- d g 9- L oqq-
E- Mail Address: M I ke kftsI

END OF DOCUMENT
City of Cupertino Bid Form
Blackberry Farm Golf Course Maintenance 2016 00400- 4
Amendment 1, Agmt. between City of Cupertino Exhibit B, Page 2 Exhibit B Professional Turf Management
EXHIBIT B- 2

COMPENSATION

COMPENSATION
Payment for servicesto be performed in FiscalYear 2016-17from July 1, 2016to June30, 2017 shall be $ 17,000.00per month for maintenanceactivities asdescribed in Exhibit A, plus $100.00 per eachsoil sample and testing with a maximum quantity of 12.

Payment for servicesto be performed in FiscalYear 2016-17shall not exceed$205,200.00 as noted below.

Item Unit Oty Unit Price Total Cost
Blackberry Farm Golf Course month 12 17, 000. 00 204, 000. 00 Course Maintenance
Soil Sample Collection each 12 100. 00 1, 200. 00
Testing
TOTAL FEEfor services, fiscal year 2016-17, Not to Exceed: 205, 200. 00 Amendment 1, Agnit. between City of Cupertino Exhibit B, Page 3 Exhibit B Professional Turf Management
1 CONTRACT

AGREEMENT BETWEEN THE CITY OF CUPERTINO AND

PROFESSIONAL TURF MANAGEMENT FOR

BLACKBERRY FARM GOLF COURSE MAINTENANCE
THIS AGREEMENT, for reference dated December 3, 2015, is by and between CITY OF CUPERTINO, a municipal corporation ( hereinafter referred to as " City"), and Professional Turf Management, a California corporation, whose address is P.O. Box 700142, San Jose, CA 95170, hereinafter called the Contractor, and is made with reference to the following:

RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code.

B. City and Contractor desire to enter into an agreement for Blackberry Farm Golf Course Maintenance, in accordance with the Technical Provisions, General and Special Conditions, and Special Environmental Conditions.

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

1. TERM:

The Contractor shall begin work on January 1, 2016 and continue work through June 30, 2016, and shall diligently prosecutethe work. This Agreement may be renewed annually for one- year terms commencingJuly 1, 2016through June30, 2017, at the City' s sole discretion and subject to appropriation, for up to five( 5) one-year terms (possibletotal term 5.5 years).

2. SERVICES TO BE PERFORMED:

Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the Scope of Work ( see Exhibit A). The General and Special Conditions, Technical Provisions and Special Environmental Conditions are hereby referred to and expressly made a part hereof with the same force and effect asif the same were fully incorporated herein.

3. COMPENSATION TO CONTRACTOR:

Contractor shall be compensatedfor servicesperformed pursuant to this Agreement in the amount and manner set forth in Contractor' s bid, which is attached hereto as Exhibit " A" and incorporated herein by this reference. Payment will be made in the samemanner that claims of a like characterarepaid by the City, with checksdrawn on the treasury of the City, to be taken from the fund as indicated in the city' s adopted budget.

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4. TIME IS OF THE ESSENCE:

Contractor and City agree that time is of the essenceregarding the performance of this Agreement.

5. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standardsof like professionalsin the SanFranciscoBayArea and agreesthat all services shall be performed by qualified and experiencedpersonnelwho are not employed by the City nor have any contractualrelationship with City.

6. INDEPENDENT PARTIES:

City and Contractor intend that the relationship betweenthem createdby this Agreement is that of an independent contractor. The manner and means of conducting the work are under the control of Contractor, exceptto the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquiredby virtue of Contractor's services. None of thebenefitsprovided by City to its employees, including but not limited to unemployment insurance, workers' compensationplans, vacation and sick leave are availablefrom City to Contractor, its employeesor agents. Deductions shall not be made for any stateor federal taxes, FICA payments, PERSpayments, or other purposesnormally associatedwith an employer-employeerelationship from any feesdue Contractor. Paymentsof the above items, if required, are the responsibility of Contractor.

7. IMMIGRATION REFORM AND CONTROL ACT ( IRCA):

Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

8. NON- DISCRIMINATION:

Consistent with City' s policy that harassment and discrimination are unacceptable employer/ employee conduct, Contractor agrees that harassment or discrimination directed toward ajob applicant, a City employee, or acitizen by Contractor or Contractor's employeeon the basisof race, religious creed, color,national origin, ancestry,handicap, disability, marital status,pregnancy, sex, age, or sexualorientation will not betolerated. Contractor agreesthat any and all violations of this provision shall constitute a material breach of this Agreement.

9. HOLD HARMLESS:

Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employeesand volunteers against any and all liability, claims, stopnotices, actions, causesof action or demandswhatsoeverfrom and againstany of them, including any injury to or death of any person or damageto property or other liability of any Contractor Agreement Page 2 of 17
Blackberry Farm Golf Course Maintenance 2016
nature, arising out of, pertaining to, or related to the performanceof this Agreementby Contractor or Contractor' s employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damageis causedby the soleor activenegligenceor willful misconduct of City, its agentsor employees. Suchcostsand expensesshall include reasonableattorneys' fees of counsel of City' s choice, expert fees and all other costs and fees of litigation.

Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involvedby, for, with, or on behalfof Contractorin theperformanceof this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agreesto be fully responsibleaccordingto the terms of this section.

10. INSURANCE:

On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, classof operations covered, effective dates and dates of expiration of insurance coveragein compliancewith paragraph 10A; B, C and D. Such certificates, which do not limit Contractor' s indemnification, shall also contain substantially the following statement: " Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty ( 30) days' advance written notice to the City of Cupertino by certified mail, " Attention: City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. Contractor to complete the attached Document 00530 Insurance Forms.

A. COVERAGE:

Contractor shall maintain the following insurancecoverage:
1) Workers' Compensation:

Statutory coverageasrequired by the Stateof California; Employers'Liability 1,000,000 per occurrence
2) General Liability:

Commercialgeneralliability coveragein the following minimum limits:

Bodily Injury: 500, 000
each occurrence
1, 000, 000
aggregate- all other
Property Damage: $ 500, 000 each occurrence
1, 000, 000 aggregate
If submitted, combined single limit of$ 1,000,000 per occurrence;$ 2, 000, 000 in the aggregate will be considered equivalent to the required minimum limits shown above.

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BlackberryFarm Golf CourseMaintenance2016
3) Automotive:

Comprehensive automobile liability coverage in the
following minimum limits:

Bodily injury: $ 500, 000 each occurrence
Property Damage: $ 500, 000 each occurrence
or
Combined Single Limit: $ 1, 000, 000 each occurrence
B. SUBROGATION WAIVER:

Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensivegeneral and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance.

C. FAILURE TO SECURE:

If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shallbepermitted to obtain suchinsurancein the Contractor's nameor as an agentof the Contractor and shall becompensatedby the Contractor for the costsof the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

D. ADDITIONAL INSURED:

City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except worker' s compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense coveredby the insuranceprovided by this policy.

E. SUFFICIENCY OF INSURANCE:

The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor' s insurance broker to determine adequate coverage for Contractor.

11. BONDS:

Not applicable.

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BlackberryFarmGolf CourseMaintenance2016

12. PROHIBITION AGAINST TRANSFERS:

Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transfereeshall acquire no right or interest by reasonof such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assignedto a bank, trust company or other financial institution without prior written consent. Written notice of such assignmentshall be promptly furnished to City by Contractor.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any generalpartner or joint venturer or syndicate member or cotenant,if Contractor is apartnership or joint venture or syndicateor cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control meansfifty percent(50%) or more of the voting power of the corporation.

13. SUBCONTRACTOR APPROVAL:

Unless prior written consentfrom City is obtained, only those people and subcontractors whose names are listed in Contractor' s bid shall be used in the performance of this Agreement.

Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor' s services.

Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order.

In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensationinsuranceand shall alsoberequired to carry generaland automobile liability insurancein reasonableconformity to the.insurancecarried by Contractor. In addition, any work or servicessubcontractedhereunder shall be subjectto eachprovision of this Agreement.

14. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City BusinessLicense, that may be required in connectionwith the performanceof serviceshereunder.

15. REPORTS:

Eachand every report, draft, work product, map, record and other document reproduced, prepared or causedto be prepared by Contractor pursuant to or in connectionwith this Agreement shall be the exclusiveproperty of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement.

No report, information nor other data given to or prepared or assembledby Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City.

Contractor shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement.

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BlackberryFarm Golf CourseMaintenance2016

16. RECORDS:

Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement.

Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All suchrecordsshall be maintained in accordancewith generally acceptedaccounting principles and shall be clearly identified and readily accessible. Contractor shall provide free accessto suchbooks and recordsto the representativesof City or its designeesat all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separatefrom other documentsand records and shall be maintained for a period of three (3) yearsafter receiptof final payment.

If supplemental examination or audit of the recordsis necessarydue to concernsraisedby City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit.

17. NOTICES:

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing. and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United StatesMail, postageprepaid, registeredor certified, addressedashereinafterprovided.

All notices, demands, requests, or approvals from Contractor to City shall be addressedto City at:

City of Cupertino
10300 Torre Avenue
Cupertino CA 95014
Attention: Carol Atwood, Director of Recreationand Community Services All notices, demands, requests, or approvals from City to Contractor shall be addressedto Contractor at:

Professional Turf Management
P. O. Box 700142
San Jose, CA 95170
Attention: Michael Basile, President
Contractor Agreement Page 6 of 17
Blackberry Farm Golf Course Maintenance 2016

18. URBAN RUNOFF MANAGEMENT:

The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavationand grading or other activities that may createdust or erosion. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keepwash water out of the streets, guttersand storm drains.

The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Suchcontrol includes but is not limited to:

A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. ( Block storm drain inlets prior to the start of the rainy season October 15), in site de-watering activities and saw-cutting activities shovel or vacuum saw- cut slurry and removefrom the site).

B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers.

C. Sweep and remove all materials from paved surfacesthat drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the streetshall be washed and the wash water shall be collectedand disposedof offsite in an appropriate location.

D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff.

E. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of eachwork day. Contractor shall alsocleanup any leaks, drips, and other spills asthey occur.

The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequatelyenforced. Thesecontrols should be implemented prior to the start of construction, up-graded as required, maintained during construction phasesto provide adequate protection, and removed at the end of construction.

These recommendations are intended to be used in conjunction with the State' s Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documentson storm water quality controls for construction.

Failure to comply with this program will result in the issuanceof noncompliancenotices, citations, project stop orders or fines. The fine for noncompliance of the aboveprogram is two hundred and fifty dollars ($ 250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code ' 13385.

19. TERMINATION:

In the event Contractor fails or refusesto perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two ( 2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessaryto cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof.

City shall have the option, at its sole discretion and without cause, of terminating this Contractor Agreement Page 7 of 17
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Agreement by giving seven (7) days' prior written notice to Contractor asprovided herein. Upon termination of this Agreement, eachparty shall pay to the other party that portion of compensation specifiedin this Agreementthat is earnedand unpaid prior to the effective dateof termination.

20. COMPLIANCES:

Contractorshall comply with all stateor federal laws and all ordinances,rules and regulationsenactedor issuedby City. Specifically,and without limitation, Contractorshall comply with all state, federal, or local regulation regarding the removal and disposal of hazardous waste.

A. PREVAILING WAGES: To the extent applicable,Contractor shall comply with the City' s Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. Contractor shall pay prevailing wages. Contractor will submit monthly certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon requestfrom the City will result in either delay and/or forfeit of outstanding payment to Contractor.

B. WORKING DAY: Contractor shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employeesof contractorsin excessof 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 1/2 times the basic rate of pay, to the extent applicable.

C. PAYROLL RECORDS: Contractor shall comply with California Labor Code Section 1776which requirescertified payroll recordsbe maintained with the name, address, socialsecurity number, work classification, straight time and overtime hours worked eachday and week, and the actual per diem.wagespaid to each.journeyman, apprentice, worker, or other employeeemployed by him or her in connection with this Agreement, to the extent applicable. The Payroll Records shallbe madeavailablefor inspection asprovided in California Labor CodeSection1776.

D. APPRENTICES: Contractor shall comply with California Labor CodeSection1777.5 regarding apprentices, to the extent applicable.

21. CONFLICT OF LAW:

This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement ( or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of SantaClara,Stateof California.

22. ADVERTISEMENT:

Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services Contractor Agreement Page 8 of 17
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performed under this Agreement unlessprior written approval has beensecuredfrom City to do otherwise.

23. WAIVER:

A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

24. INTEGRATED CONTRACT:

This Agreement consists of this document as well as the following documents, including all changes, addenda,and modifications thereofwhich areincorporated herein by reference:

Document 00400, Bid Form
Document 00430, Subcontractors List
Document 00450, Statement of Qualifications
Document 00481, Non- Collusion Affadavit
Document 00482, Bidder Certifications
Document 00530, Insurance Forms
Document 00660, Substitution Request Form
Document 00700, General Conditions
Document 00800, Special Conditions
Document 00820, Special Environmental Conditions
Document 00821, Insurance
Document 00822,Apprenticeship Program
Technical Provisions
Addenda( No. 1 and 2)
This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to. vary the provisions hereof. Any modification of this Agreement will be effective only by written executionsignedby both City and Contractor.

25. INSERTED PROVISIONS:

Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amendedto make suchinsertion on application by either party.

26. CAPTIONS:

The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.

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BlackberryFarm Golf CourseMaintenance2016
P. O. No.: 7i01
IN WITNESSWHEREOF, the parties have causedthe Agreementto be executedon the day and year first above written.

CONTRACTOR CITY OF CUPERTINO
Professional Turf Management A Municipal Corporation
By By
David Brandt
Name/ r e. r/ City Manager
Title 64)n e r; & 5() C"'?1`
Date/
l
Dater/ /
Address: RECOMMENDED FOR APPROVAL:

P. O. Box 700142
San Jose, CA 95170
By_
Carol Atwood
Director of Recreation& Community Services
APPROVED AS TO FORM:

By
Col eenWinchester, Acting City Attorney
ATTEST:
r
Grace Schmidt, City Clerk
Contract Amount: $ 99, 600. 00
Account No. : SCvo--( v 3-( 01G
Tom-' 70--
Contractor Agreement Page 10 of 17
Blackberry Farm Golf Course Maintenance 2016

EXHIBIT A

SCOPE OF WORIC

BLACKBERRY FARM GOLF COURSE MAINTENANCE
Work to provide maintenance of Blackberry Farm Golf Course

1. PUTTING GREENS

1. 01 SCOPE: Greens shall be maintained disease and weed free. Complete renovation of anygreenis not included in this maintenanceproject.

1. 02 MOWING FREQUENCY: Winter— six times per week. Spring/ Summer/Fall— six times per week. Contractor to recycle grasstrimmings.

1. 03 CHANGING CUPS: Contractor shall change the cup location daily year-round.

Placement is to be at least 8 feet from edge of green on level surface. When requested, use the 1/ 3 rule— 1/3 of the pins back, 1/3 pins middle, 1/3 pins up.

1. 04 HEIGHT OF CUT: Is to be 0. 135 of an inch

1. 05 FERTILIZATION: Contractorto collect soil samplesyearly to determine recommendednutrients,ratesof applicationandfrequencyof application, with the goal of a sustainable fertility program. Use organic fertilizers, i. e. Earthworks or approvedequivalent. The City shall determinewhich of the greensareto be tested.

Contractor to use Logan Laboratories or City approved equal for soils testing and recommendations. All fertilizer shall be applied in accordance with all applicable laws, codes, specifications and policies and at minimum rates that are consistent with healthy turf.

1. 06 AERIFICATION/ TOP DRESS/ VERTI- CUTTING: Contractor is to perform DryJect aerification or equal twice a year in March/ April and September/October, and overseed with Pencross bentgrass in September. Perform a DryJect Maximus aerification or equal in July. Verti- cut greens monthly during the growing season.

Top-dresswith TD320 from TMT enterprisesor City approvedequal.

1.07 PESTICIDE APPLICATION: All pesticide application shall be completed by a qualified personin accordancewith all applicablelaws, codes, specificationsand policies. Greens to be maintained disease and weed free. Apply all chemicals sparingly. Applications shall be asper EPA regulations. Contractor must possess SDS (safety data sheets) for all materials. All posting and re-entry requirements must be followed. Contractor to submit monthly a written report of all pesticide applications. A recommendation by a licensed Pest Control Advisor( PCA) that is familiar with Blackberry Farm Golf Courseandwith its settingandprotectednatural resources is required for applications, and a licensed staffer with a current Qualified Applicator License( QAL) or is a Qualified Applicator Certificate holder( QAC) shall be on site and provide oversight during applications is required. All work shall adhere to all laws, regulations and applicable guidelines for all pesticide applications.

Contractor may be required to obtain a Restricted Materials Use Permit and Notice of Intent prior to any applications.

1.08 PROTECTION OF CREEK AND PONDS: No runoff from fertilizer, pesticide or chemicalapplicationsshall flow into creeksor pondsnor to drainageinlets that discharge to creeks or ponds.

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i

1. 09 INTERSEEDING: Contractor shall interseed greens with City approved mix of creepingbentgrasstwo timesper year, in the spring andfall at a rateof 2 lbs. per 1,000 sq. feet unless otherwise directed.

2. COLLAR MAINTENANCE

2. 01 MOWING FREQUENCY: Twice weekly in spring/ summer/fall and once a week in winter.

2. 02 HEIGHT OF CUT: to be %2 inch all year

2. 03 FERTILIZATION: to be fertilized the same as greens

2. 04 WEED CONTROL: to be applied the same as greens

3. TEE MAINTENANCE

3. 01 MOWING FREQUENCY: Two to three times per week in spring/ summer/ fall and one to two times a week in winter.

3. 02 HEIGHT OF CUT: to be 1/2inch all year

3. 03 FERTILIZATION: Contractor to collect at least one soil sample yearly to determine the recommended complete fertilizer to use. Contractor to use Logan Laboratories or City approved equal for soils testing and recommendations. Fertilizer to be applied four times a year in March, May, late August and October. The application rate shall be at the manufacturer' s recommended rate. All fertilizer shall be applied in accordance with all applicable laws, codes, specification and policies and at minimum rates consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer- containing runoff from getting into creek areasor ponds.

3. 04 AERIFICATION: Contractor to aerate four times per year in May and October and as needed.

3. 05 OVERSEEDING: Contractor to overseed four times per year with perennial rye grass, at 8 lbs.per 1,000 sq. feetunlessotherwisedirected. Contractorto use seeder/slicer( verti- cutting) unit.

3. 06 TEE MARKERS: Contractor shall move and rotate daily. Keep 10 feet apart and 8 feet from back of tee( except where markers do not allow).

3. 07 PERMANENT YARDAGE MARKERS: Contractor to keep visible at all times.

3. 08 WEED CONTROL: Contractor to apply two broadleaf weed control in the spring and fall. Broadleaf weed control is for, but not limited to, English Daisy, clover, spurgeandchickweed. Contractorto apply oneCrabgrasscontrol in spring. All weed controls shall be applied in accordance with all applicable laws, codes, specification and policies.

3. 09 PROTECTION OF CREEK AND PONDS: No runoff from fertilizer, pesticide or chemical applications shall flow into creek areasor ponds nor to drain inlets that discharge to creek areasor ponds.

3. 10 SEED AND TOPSOIL TEES: Contractorto place seedsandsand/organiccompost mix on tees daily to repair divots.

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Blackberry FarmGolf CourseMaintenance2016

4. FAIRWAY MAINTENANCE

4. 01 MOWING FREQUENCY: two to three times per week in growing season, and one to two times per week in winter

4. 02 HEIGHT OF CUT: 3/ inch all year

4. 03 FERTILIZATION: Contractor to collect one soil sample yearly to determine the recommended complete fertilizer to use. Contractor to use Logan Laboratories or City approvedequalfor soilstesting andrecommendations. Fertilizer to be applied four times a year in March, May, late August and October. The application rate shall be at the manufacturer' s recommended rate. All fertilizer shall be applied in accordance with all applicable laws, codes, specifications and policies and at minimum rates consistent with healthy turf.

4. 04 AERIFICATION: VERTI- CUTTING: Contractor to aerate, verti- cut once per year in April/ May.

4. 05 OVERSEEDING: Contractorshall overseedwith PerennialRye onetime per year, 8 lbs. per 1,000 sq. feet unless otherwise directed. Use seeder/slicer for distribution.

Perform spot-overseeding as needed with Perennial Rye.

4. 06 WEED CONTROL: Contractor to apply broadleaf weed control twice per year, in the spring andfall. Broadleafweedcontrol is for, but not limited to, English Daisy, clover, spurge and chickweed. Contractor to apply one Crabgrass control in spring.

All weed controls shall be applied in accordance with all applicable laws, codes, specification and policies.

4. 07 PROTECTION OF CREEK AND PONDS: No runoff from chemical applications shall flow into creekareasor ponds. Contractorshall coverthe drain inlets and drainage structures that discharge to the creek for one week after the application of any chemicals.

5. ROUGH MAINTENANCE

5. 01 MOWING FREQUENCY: twice per week all year

5. 02 HEIGHT OF CUT: 1 to 1 %2inches all year

5. 03 FERTILIZATION: Same as Fairway Maintenance

5. 04 AERIFICATION: Same as Fairway Maintenance

5. 05 WEED CONTROL: Contractor to apply two broadleaf weed control in the spring and fall. Broadleaf weed control is for, but not limited to, English Daisy, clover, spurge and checkweed. Contractor to apply one Crabgrass control in spring. All weed controls shall be applied in accordance with all applicable, laws, codes, specification and policies.

5. 06 PROTECTION OF CREEK AND PONDS: No runoff from chemical applications shall flow into creeks or ponds.

7. EQUIPMENT AND EQUIPMENT STORAGE

7. 01 GREEN EQUIPMENT: The City encourages the Contractor to use Environmentally Friendly or Greenequipmentandsuppliesfor this contract.

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7. 02 SCOPE: All mowing equipmentshall be on aregularpreventivemaintenance schedulefor hydraulic andoil lines so asto minimize damageto turf andprotect the creek and wildlife habitat from leaks. Hydraulic hoses shall be changed off site every six months.

7. 03 GREENS: Mowing equipment shall be 9 or more bladed, reel-type mower with a frequency of cut at a minimum of. 25 at 3.6 mph.

7. 04 TEES: Mowing equipment shall be 7 or more bladed, reel- type mower with a frequency of cut at a minimum of. 53 at 4.2 mph.

7. 05 FAIRWAYS: Mowing equipment shall be 6 or more bladed, reel-type mower with a frequencyof cut at aminimum of. 67 at 5.0 mph.

10. PARKING LOT AT GOLF COURSE ENTRANCE

10.01 SWEEPING: Contractor shall sweep monthly. Manually using a blower is acceptable during the hours of 7:00 am to 8:00 pm on week days and 9:00 am to 6:00 pm on weekend, and in accordance with the City' s noise ordinance.

10. 02 LOOSE TRASH AND GARBAGE CANS: Contractorshallpick up trashand check area daily.

10. 03 BROKEN GLASS/ BOTTLES: Contractorshallpick up anddisposeof broken glass or similar potentially harmful materials immediately.

11. CLUBHOUSE & MAINTENANCE BUILDING

11.01 REST ROOMS AT MAINTENANCE BUILDING: Public restrooms for golfers exist on the golf- facing side of the golf maintenance building. The public rest rooms will be cleanedandmaintainedby the City or City' s designee.

11.02 PATIO: Contractorshall sweepdaily.

11.03 RECYCLED CARDBOARD CONTAINERS: Shall be emptied at least once per week.

12. ENTRY AREA/ CLUBHOUSE GROUNDS

12. 01 FLOWER BEDS: Contractor shall weed, mulch, water and replenish as needed.

12.02 TRASH: Contractorshallpick up daily.

12. 03 FOOT BRUSHES: Contractor shall clean and check weekly and replace when worn.

12. 04 WALKWAYS: Contractor shall sweep daily when weather permits.

12. 05 TRASH AND CIGARETTE CANS: Contractor shall empty cans daily and comply with City' s recycling standards.

12. 06 LEAKS FROM GOLF CARTS: Contractor shall clean immediately.

12.07 LANDSCAPE SHRUBBERY: Contractor shall trim monthly and as needed.

12. 08 ANNUAL PLANTINGS: Contractor shall remove and re-plant minimum 2 times per year the two planter boxes located at the clubhouse. The planter box on number one tee measuring roughly 4.5 ft. by 35.5 ft. ( 160 S.F.) and the planter box to the left Contractor Agreement Page 14 of 17
Blackberry Farm Golf Course Maintenance 2016
of thebuilding alongthe restroomwalkway measuringroughly 8 ft. by 34 ft. (272 S. F.).

12. 09 DRIVING RANGE: Contractor shall cut grass weekly and fertilize and aerate the same as fairways.

12. 10 WEED CONTROL( NON- SELECTIVE): Contractor shall use mechanical method of trimming or removing undesirable vegetation in tree wells, perimeter and interior fencelines,barriers, railroad ties, delineators, andalongedgesof golf play areasthat are along the creek or associated native planting areas.

12.11 LITTER: Contractor shall remove daily.

12. 12 TRASH AND DEBRIS ( FROM MAINTENANCE): Contractor shall remove as it occurs and dispose of it in a safe and legal manner.

12. 13 SOIL, WATER SAMPLES: Contractor shall take samples annually or more often if unusualgrowth habits develop.

12. 14 RODENT CONTROL: Contractor shall begin immediate eradication action following local, state and federal guidelines when gopher or ground squirrel activity occurs. Contractor is not allowed to use rodenticides nor any chemicals to control rodents. Acceptablemethodsmay include carbondioxide use, trapping, exclusion, or burrow sealing/removal, or using other techniquesasacceptableto City.

12. 15 SAND TRAPS: Complete renovation of any sand trap is not included in this maintenance project. Contractor shall rake daily. Contractor shall keep sand at 4 inches in depth minimum and keep clean of all weeds. When using power rake, stay about one foot from edge of trap. When hand-raking edge of trap, put sand inward on low side and pull outward on high side. Contractor to edge traps monthly and as needed. Do not drag sand out of trap when exiting trap with power rake.

12.16 TREES: Any tree removal or tree replacement must be approved by the City and any expenditures incurred will be outside the standard scope of work. Contractor shall keepall treestrimmed at least6 feet from the groundto preventdamageto golf cart tops andmaintenanceequipment, exceptfor treesandshrubsalongthe creek which shall only be trimmed as acceptable to the City Naturalist. Contractor shall maintain trees in a safe, healthy, and aesthetically pleasing condition at all times.

Contractor shall mow, weed and/ or mulch tree wells as needed. Contractors shall immediately remove any broken tree limbs. Downed brush shall be removed as soon as possible. All trimmings or debris shall be removed from the course, unless they are chipped, and used for mulch on site. Contractor shall not be responsible for removal of dead or fallen trees; such removal shall be at the City' s expense unless it is determinedthat the condition was causedby the Contractor'snegligence. 12, 17 USGA GREEN SECTION VISIT: Contractor shall have a USGA staff agronomist visit the course yearly on the following schedule: first year in the spring, second year in the summer, third year in the fall, no winter visits. Contractor shall act on all appropriate recommendations that result from these visits.

12. 18 LEAF PICKUP: Contractor shall remove leaves daily or as necessary.

12.19 VANDALISM/ GRAFFITI: Contractor shall correct vandalism immediately and remove graffiti within 24 hours.

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14. OTHER AREAS

14. 01 TEE MARKERS: Contractor shall have two sets each hole. Missing or broken markers shall be replaced immediately.

14. 02 BENCHES/ TEE SIGNS: Contractorshall immediately removeanydamagedbench, and notify supervisor so that City can replace it. Any damaged tee sign shall be removed as soon aspossible, and notify supervisor so that City can replace it.

14. 03 YARD MARKERS: Contractor shall replace as needed any yard markers.

14. 04 GREENS FLAGS, POLE, CUPS: Contractorshall replaceflags, poles andcups whenthey arediscolored, frayed or damagedin anyway.

14. 05 BALL WASHERS: Contractorshall checkfor water/soapdaily. Contractorshall replace tee towels monthly or more often if towel is frayed, discolored, or aesthetically unpleasing.

14. 06 SAND TRAP RAKES: Contractor shall keep two rakes per trap or more as needed, and replace any missing or broken rake immediately.

14. 07 OUT- OF- BOUNDS/ HAZARD STAKES: Contractor shall replace white our- of- bounds stakes immediately if missing or broken.

14. 08 OVERSEEDING: Contractor shall spot- overseed with Perennial Rye when needed.

14. 09 PONDS: Contractorshall keepthepondsfreefrom algaeandexcessivegrowth of plant material.

14.10 BRIDGE: Contractorshall inspectbridge daily for safeconditionsandrepair structuresimmediatelywhen necessary.

14.11 FOOT GOLF: Contractor shall maintain 9 hole foot golf course, with all tee markers, holes, cups, flagpoles, and flags. Edging around the cups shall be done weekly.

15. IRRIGATION

15. 01 SCOPE: Irrigation system shall be maintained in a manner to provide proper watering. Any major irrigation system repairs or improvements arenot included in this maintenance project.

15. 02 MAINTENANCE: Contractor shall maintain system, including lateral lines, sprinkler heads, and controllers in good operating repair, functioning properly, and conforming to related laws, codes and regulations. No valves or water main repairs are included in this maintenance project. Contractor shall notify the City immediately when valve or water main repairs are necessary for proper operation.

15. 03 FREQUENCY: Contractor is to irrigate as required to maintain adequate moisture for growth rate and appearance. Contractor is to hand-water asneeded any and all portions of the course that do not receive adequate water from the irrigation system.

15. 04 TESTING FOR ADEQUATE SOIL MOISTURE: Contractor shall determine by visual observation, plant resiliency, turgidity, examining cores removed by soil probe, and moisture sensor devices.

15.05 WATER CONSERVATION: Irrigation controllers shall be programmed to maintain course appearance and health of vegetation while maximizing water conservation.

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15. 06 WIND PROBLEMS: In areaswherewind createsproblemsof sprayingontoprivate property or roadrights of way, operationshall occurduring period of lowestwind velocity.

15. 07 MONITORING: Contractor shall make corrections for coverage, adjustment, clogging of lines, andremoval of obstacles, tilting of heads, andmanagementof plant materials that obstruct the spray as they occur.

15.08 SYSTEM CHECK: Contractorshall checkthe systemdaily during monthsof operation.

15.09 PUMPING PLANT: Pumping plant shall be maintained the City.

15. 10 WATER COST: Water costsshall bepaid for by the City.

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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 Contractor.

2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company' s form. They must contain the same information.

3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability and automobile liability only.

4. Comprehensive general liability/ commercial general liability endorsement of aggregate limits of insuranceper project- must be signedby the insuranceagentfor generalliability only.

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

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CITY OF

CUPERTINO

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

B. Contractor and all subcontractors will carry worker' s compensation insurance for the protection of its employeesduring the progressof 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. Contractorshall carry at all times, on all operationshereunder, commercialgeneralliability insurance, and automobile liability insurance. All insurance coverage shall be in amounts required by the City and shall be evidencedby the issuanceof a certificate in a form prescribedby the City and shall be underwritten by insurancecompaniessatisfactoryto the City for all operations, sub- contract work, contractual obligations, product or completed operations, all owned vehicles and non- owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker' s compensationcoverage, shall namethe City, its engineer, andeachof its directors, officers, agents andemployees, asdeterminedby the City, asadditional insuredson saidpolicies. Insurersmustbe licensed to do business in the State of California. The Insurers must also have an " A" policyholder' s rating and a financial rating of at least Class VII in accordance with the current Best' s Guide Rating or that is otherwise acceptable to the City.

D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coveragesand suchcertificatesshallprovide the nameandpolicy number of eachcarrier andpolicy 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 insurancecoveragesin force until the work under this Contract is fully completed. The requirement for carrying the foregoing insuranceshall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligationsof Contractorwith respectto the foregoing, Contractorshall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best' s Guide Rating of A, Class VII or better or that is otherwise acceptable to the City.

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LIMITS
Worker' s Compensation In accordance with the Worker' s Compensation Employers' Liability Act of the State of California— Worker' s comp statutory" per CA Law; Employers' Liability
1,000,000 per occurrence.

GeneralLiability- commercialgeneralliability; Combined single limit of$ 1.0 million per including provisions for contractualliability, occurrence; $ 2. 0 million in the aggregate personalinjury, independentcontractorsand
products- completed operations hazard.

Automobile Liability- comprehensive covering Combined single limit of$ 1.0 million per owned, non- owned and hired automobiles. occurrence. b19,ro41, 55tV', tcr i / , r- 1//,, ageme4 By:_ AZZ 41111eaae, Z_ Contractor' s Name)
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CITY OF

CUPERTINO

CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO
This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time.

Insured:

Address:

Description of operations/locations/productsinsured(showcontractnameand/or number, if any):

WORKER' S COMPENSATION * Statutory Min.

Employer' s
Liability
name of insurer)
Insurance Company' s State License No.

Check Policy Type: Each Occurrence

COMPREHENSIVE GENERAL

LIABILITY
Premises/ Operations General Aggregate
if applicable)
Owners& Contractors
Protective Aggregate
Contractual for Specific
Contract Personal Injury
Products Liability
XCU Hazards
Broad Form P. D. Fire Damage ( any one fire) $
Severability of Interest
Clause
Personal Injury with Medical Expense
Employee Exclusion Removed any one person)
or Self- Insured
COMMERCIAL GENERAL LIABILITY Retention
name of insurer)
Policy No. Expiration Date
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CITY OF
I.[a

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

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

C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, and automobile liability insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non- owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker' s compensation coverage, shall name the City, its engineer, and eachof its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an" A" policyholder' s rating and a financial rating of at least Class VII in accordance with the current Best' s Guide Rating or that is otherwise acceptable to the City.

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

LIMITS
Worker' s Compensation In accordance with the Worker' s Compensation Employers' Liability Act of the Stateof California— Worker' s comp statutory" per CA Law; Employers' Liability
1,000,000 per occurrence.

General Liability'- commercial general liability; Combined single limit of$ 1.0 million per occurrence; including provisions for contractual liability, personal $ 2. 0 million in the aggregate injury, independent contractors and products—
completed operations hazard.

Automobile Liability- comprehensive covering owned, Combined single limit of$ 1.0 million per occurrence. non- owned and hired automobiles.

C
ew aPIg 6t'sxtvld By: i
Contractor' s Name)
Dated: 20/ 6--
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CITY Or-

CUPERTINO

CERTIFICATE OF INSURANCE TO THE CITY OF CUPEETINO
This certifies to the City of Cupertinothat the following describedpolicies havebeetsissuedto the insured named below and are in force at this time.

Insured: JD'L' ldnGl tY 1`hl1Hfif l` GI'
Address:
5/ 7
Descriptionof operations/locations/productsinsur d (show contractnameand/or number, if any):
6 (1-(ik bf1y- y\, 1 k- r- m c l ou Vila 4 a
WORKER'SCOMYE% TiON * Statutory Min.
j ( i7C1 q +? < s<d rIC * Employer' s
At, l c. G/)111o,OV a vs S. Liability
name of insurer)
6lao No
Insurance Company' s State License No. Ay5 3 81
Check Policy Type: Each Occurrence_.____.___.$

COMPREHENSIVE GENERAL
Premises/ Operations General Aggregate e0o, 6160
if applicable)
Owners & Contractors
Protective Aggregate
Contractual for Specific
Contract Personal Injury 11.000_1__e)L70
Products Liability
XCU Hazards
Broad Form I'_ D, Hire Damage ( any one tire) $ .( 0, 00C Severability of Interest
Clause
Personal Injury with Medical Expense d0
Employee Exclusion Removed any one person)
or Self- Insured
CON1 MERCIAL GENERAL LIABILITY Retention
name of insurer)
policy No. So ` 71G7 Expiration Date
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CITY OF

ADDITIONAL INSURED ENDORSEMENT
and
CUR` INO ENDORSEMENT OF PI2 MARY INSURANCE
and
NOTICE OF POLICY CANCELLATION ENJDORSEiY ENT
Project Title and Number: R/ar
In considerationof the policy premiumandnotwithstandingany inconsistentstatementin thepolicy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreedasfollows:

The City of Cupertino(" City") and its directors, officers, engineers, agentsand employees, and all public agenciesfrom whom permitswill be obtainedandtheir directors, officers, engineers,agentsacidemployees, and the State of California, and its officers, agents and employees, are:Herebydeclared to be additional insureds under the terms of this policy, but only with respectto the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations.

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

Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty ( 30) days' prior written notice by certified mail, return receiptrequested, has been ,given to the City of Cupertino ("City"). Such notice shall be addressedto the City as indicated below.

POLICY INFORMATION

1. insurance Company: 560q-561e, t;, 6 CM
7 2. Insurance Policy Number:

13. Effective Date of this Endorsement: i , j 20

4. Insured:

Ali noticeshereinprovidedto begiven by the InsuranceCompanyto theCity in connectionwith this policy and theseEndorsoments, shall be mailed to or delivered to the City at 10300`Torre Avenue; Cupertino, California 95014,
I, print/ type name)
warrant that I hav 1 t' o d e below edInsuranceCompanyandbyartysignaturehereondosobind this Company,
Signature of Authorized Representative:_
Original signature required on all Endorsemen s furnislwV M the District) Names of ,, JJ
Agent/Agency:W Vgsp l',ff 6;W11J4e5Title:—_ 640LAY
Address: 6 14,5# 0 '!
1rr r d11'l r ° J Facsimile: al,5 d Y3 e13d-
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p.3

CITY OF
IRI

COMPREHENSIVE GENERAL LIABILITY
COMMERCIAL GENES{ AL LIABILITY

ENDORSEMENT OF AGGREGATE LIMIT' S OF
CUPER" CINO INSURANCE PER PROJECT
Project Title and Number: & ac kL'e,
In consideration of the policy preiniutn and notwithstanding any inconsistent statement in the policy to Which this Endorsement is attachedor any other Endorsementattachedthereto, it is asfollows:

This Endorsementmodifiesthe insuranceprovidedundertheGeneralLiability Coveragepart of the below-referencedpolicy of insurance_
The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as

POLICY JNFORMATION

1. Insurance Company:

2. Insurance Policy Number: ( Ps of IMi g 7

3. Effective Date of this Endorsement- k 20_L6

4. 1llsured: f y^04 5-51U l(, b Tlir--( r la mageol ey)- f-

5. Additional insured: City of Cupertino, its directors, officers, agentsand employees.

All noticeshereinprovidedto be given by the InsuranceCompanyto the City in connectionwith this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, Californiaalifornia 95014.
1, k-t I/ L/ V 0 t ' f' 11 print/ type name) warrantthatI haveauthoritytobindthebelowlistedInsuranceCompanyandbymysignaturehereondo sobindthisCompany.

Signature of Authorized Representative:

Original signature required on all Endorsement furni-A& W the District) Names of
y
Agent/Agency: U0 ,_ t" nSrf lai? L' , rV1C Title:^ / 7Iw Address: 5/ 1 G / S41r"e SIV ee—t" Telephone: qA5 03 3 Gil yey/ W6y(' r (-
a Facsimile: qAJ ,
i D/ '
VOLPA` ' TI INSURANCE
SERVICES INC.
511 LEISURE STREET
LIVERMOW CA 94551
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COMMERCIAL GENERAL LIABILITY
CG 20 33 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWN. ERS, LESSEES OR

CONTRACTORS - AUTOMATIC STATUS WHEN

REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following*

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section 11 - Who Is An Insured Is amended to B. With respect to the insurance afforded to these ad- include as an additional Insured any person or or- ditional Insureds, the following additional exclu- ganization for whom you are performing opera- sions apply:
tions when you and such per- son or organization This insurance does not apply to:
have agreed In writing in a contract or agreement
that such person or organization be added as an-
I• " Bodily injury"," property damage" or" personal
additional insured on your policy. Such person or and advertising Injury" arising out of the ren- organization is an additional insured only with re-- dering of, or the failure to render, any profes- spect to liability for " bodily injury", " property dam- slonal architectural, engineering or surveying age" or" personal and advertising injury" Caused, In services, including; whole or in part, by: a. The preparing, approving, or failing to

1. Your acts or omissions; or prepare or approve, rnaps, shop draw- ings, opinions, reports, surveys, field or-

2. The acts or omissions of those acting on your ders, change orders or drawings and behalf,
specifications; or
in the performance of your ongoing operations for h. Supervisory, inspection, architectural or lie additional Insured,
engineering activities.

However, the Insurance afforded to such additional This exclusion applies even if the claims against insured:
any Insured allege negligence or other wrongdoing

1. Only applies to the extent permitted by law; in the supervision, hiring, employment, training or, and monitoring of others by that Insured, if the " occur_

2. Will not be broader than that which You are re- rence" which caused the " bodily injury" or " prop- quired by the contract or agreement to provide erty damage", or the offense which caused the for such additional insured. personal and advertising injury", involved the ren- dering of or the failure to render any professional
A person' s or organization' s status as an addi- architectural, engineering or surveying services. tional Insured under this endorsement ends when
your operations for that additional Insured are
completed.

CG 20 33 04 13 Copyright, Insurance Services Office, Inc., 2012 Page I of 2

TNSURED

2. " Bodily injury" or" property damage" occurring C. With respect to the insurance afforded to these after: additional Insureds, the following is added to Sec- a. All work, including materials, parts or
tion III- Limits Of Insurance:
equipment furnished in connection with The most we will pay on behalf of the additional In- such work, on the project( other than serv- sured is the amount of insurance:
ice, maintenance or repairs) to be per- I. Required by the contract or agreement you formed by or on behalf of the additional have entered into with the additional insured; insured( s) at the location of the covered
or
operations has been completed; or

2. Available under the applicable Limits of Insur
b. That portion of " your work" out of which anae shown in the Declarations; the injury or damage arises has been put
to Its intended use by any person or or- whichever is less. ganization other than another contractor This endorsement shall not increase the applicable or subcontractor engaged in performing Limits of Insurance shown In the Declarations. operations for a principal as a part of the
same project.

I

0 DATE( MIND D/ YYYY)
CERTIFICATE OF LIABILITY INSURANCE 12/ 18/ 201. 5
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certainpoliciesmayrequireanendorsement. A statementon this certificatedoes not conferrights to the certificate holder hl lieu of such endorsement( s).

PRODUCER NAME:

VOLPATTI INSURANCE SERVICES INC PHONE FAX
Ext: ( 925) 243- 0t ArcNo:( 925) 243- 0132
511 Leisure Street ADDRIss:rick@volpatta . com
Livermore, CAp94551
License#: OE40809

INSURER( S) AFFORDWO COVERAGE HAICM
INSURERA:Scottsdale Insurance Company 41297
INSURED Rep zo Underwriters Insurance Company 24538Professional Turd Management, Inc. INSURER B:

INSURERC:Cali orzria Capital Insurance Company 13544
PO Box 700142 INSURERD:

San Jose, CA 95170 INSURER E
INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADDL SUER POUCY EFF P L C EXP
LrR TYPE OF INSURANCE INSR 1'! VD POLICY NUMBER A4PA/DD IAP.'I/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000
x COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100, 000 CLAIMS-MADE I "- 1 OCCUR MED EXP(Any one person) $ 5, 000 A
y
CPS2189797 04/ 01/ 2015 04/01/ 2016 PERSONAL&ADVINJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COIAP/ OP AGG $ 2, 000, 000 1 POLICYR PE0 LOC

AUTOMOBILE LIABILITY
Ea accident)

SINGLE LIMIT
ANYAUTO BODILY INJURY( Per person) $

ALL OWNED SCHEDULED
BODILY INJURY( Per accidenl) $AUTOS AUTOS
NON- OWNED PROP RTY DAA GE $
HIRED AUTOS AUTOS Peraccident
UMBRELLA LIAR OCCUR EACH OCCURRENCE $
EXCESS

LPABHCLAIMS- MADE AGGREGATE

DEDI IRETENTIONS S

WORKERS COMPENSATION X WCSTATU-
07H-

AND EMPLOYERS' LIABILITY Y/NTORY LIPAITSIER
g ANYOFF1C P, i E+
IFTO
ABERPARNEReLUDED
ECUTM —
NIA
E. L. EACH ACCIDENT- $ 1, 000, 000
6londato7inNN) ATW 004386- 01. 04/ 01/ 15 04/ 01/ 16 E DISEASE-EAEMPLOYE $ 1, 000, 000 beuMer
DE$CRIPTION OF OPERATIONS bettry E. L. 1 00
Commercial Inland Contractors Equip.

C Marine 3-- MIA- 1-- 026769 6/ 23/ 2015 6/ 23/ 201( 5 $ 213, 275 Deductible $ 500
DESCRIPTION OF OPERATIONS/ LOCATIONS! VEHICLES ( Attach ACORD got, Add- Monat Remarks Schedule, if more space Is required]) The City of Cupertino, its directors, officers, agents, consultants and employees are named as additional insured in regard to General Liability and Primary/ Pion- Contributory wording is attached to this policy. Waiver of Subrogation in regard to workers compensation in favor of City of Cupertino.

The issuing insurer will endeavor to mail 30 days written notice of cancellation,

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS.

Cupertino, CA 95014 JAUTHORIZED EPRESENTATIVE A l O 1988-'A O CORD CORPORATION. All r1ghtsreserved.

ACORD25( 2010/ 05) The ACORD name and logo are registered marks of ACORD I
I
Dec 141E 05:58p
p. 2

C D VEHICLE OR EQUIPMENT CERTIFICATE OF INSURANCE

DATE( MMIDDNYYY)
lk. 11211412015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT _ BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVEOR PRODUCER,AND TIMECERTIFICATEHOLDER.

This form is used to report coverages provided to a single specific vehicle or equipment, Do not use this form to report liability coverage provided to multiple vehicles under a single policy, Use ACORD 25 for that purpose.

PRODUCER CONTACT
NAMF- Elena Rivera
5tateili rm JOE FRANGIEH ON . x40793- 8303 793- 8304NCa Et:
120 W CAMPBELL AVE STE A ADMDRESS: alana. rivera. fhvp@statefarrn. Corn CAMPBELL, CA 96008 PRODUCERCUSTOMERID9:

INSURER( S) AFFORDING COVERAGE NAIC A
INSURED INSURERA: State Farm Mutual Automobile insurance Company 25178 Basile, Michael INSURER B:

OBA Professional Turf MG_T INSURER C:
1310 Saddle Rack St Apt 302. INSURER D:

San Jose, CA 9.5126 INSURERE.

DESCRIPTION OF VEHICLE OR EQUIPMENT
YEAR MAKE 1 MANUFACTURER MODEL BODY TYPE VEHICLE IDENTIFICATION NUMBER 2012 Ford F150 Pickup 1FTFW1CF7CF695742

DESCRIPTION SERIAL NUMBER
COVER AC+ ES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICY( IES) OF INSURANCE LISTED BELOW HASIHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD( S) INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY- CONTRACT OR OTHER DOCUMENT YwTH RESPECT TO

WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICY( IES) DESCRIBED HEREIN ISIARE SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY( IES).

INSR ADOL POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRD TYPEOFINSURANCE POLICYNUMBER DATE( MIAI) DIYYYYI DATE(MWDDiYYYY) LIMITS Oe VEHICLE LIABILITY COMBINED SINGLE LIMIT $
A 273 4810- A07- 05A 01/ 07/ 2016 07/ 07/ 2016
BODILY INJURY(Per person) S 1,000, 000-
BODILY INJURY( Per- accident) $ 1, 000, 000 -
PROPERTYDAMACE 1,000, 000

GENERAL LIABILITY EACH OCCURENCE

OCCURRENCE GENERAL AGGREGATE S '
CLAIMS MADE MEDICAL PMNTS is 10,000

INSR LOSS- POLICYEFFECTIVE PODCYEXPIRATION
LINtITSrOEDUC7IBLELTR PAYEE TYPE OF INSURANCE POLICY NUMBER DATE( UrAIDDIYYYY) DATE IMMIDDIYYYY)

K VEHCOLLISIONLOSS
ACV AGREED AMT S LIMIT"
G 273 4810- A07- 05A 01/ 07/ 2016 07107/ 2018
STATED AMT $ 50O DEO

VEH COMP VEH OTC ACV AGREED AMT S LIMIT
C1 273 4610- A07- 05A 0110712016 07107/ 2016
STATEDMAT S 290 DIED
PROPERTY ACV L1 AGREEDAMT
5 LIMIT
BASIC BROAD ClRC STATED WAT
5 DED

SPECIAL
n'
REMARKS(INCLUDINGSPECIALCONDITK)NS/ OTHERCOVERAGES)(AHachACORD101,AdditionalRemarksSchedule,if morespaceAsrequired)

ADDITIONAL INTEREST CANCELLATION
Select one of the following:- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE- CANCELLED Tie additional Interestdascdriedbelow has been added to the poticy(les) listed herein by PoNcynurmerm. BEFORE THE EXPIRATION DATE THEIREOF, NOTICE WILL BE A requesthas been submittedto add` headdiGsna.Inmest describedbelow to the poliey(les) DELIVERED IN ACCORDANCE INITH THE POLICY PROVLSIONS.

Used herein w., Poicy numb@_ fflS)_
VEHIOLEI EQUIPMENT INTEREST-. LEASED FINANCED DESCRIPTION OF THE ADDITIONAL INTEREST NACAE AND ADDRESS OF ADDITIONAL INTER£ ST ADDIYIDNALINSURED LOSS PAYEE

LENDER' S LOSS PAYEE
LOAN[ LEASE NUMBER
UTHORIZE. D REPRESENTVE
at tlle C osv
TI
9Vj
MII; iC YfR P19A1' IIa000 j
1997- 2010 ACORD CORPORATION, All rights reserved.

ACORD 23 201010E The ACORD name and logo are registered marks of ACORD 1004361 142987. 2 01- 28- 2013 Dec 1415 05:58p
P 3
A
0 VEHICLE OR EQUIPMENT CERTIFICATE OF INSURANCE
DATE( MPAIDOmYY)
112/1412015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

This form is usedto reportcoveragesprovidedto asingle.specificvehicleor equipment.Do not usethis form to reportliability coverage provided to multiple vehicles under a single policy. Use ACORD 25 forthatpurpose.

PRODUCER NAMEACTElans Rivera
StatBFarm JOE FRANGIEH w No Exc: 408- 793- 8303 ac No: 448-793-8304 120 W CAMP13ELL AVE STE A AEOnRIEst elona. rivera. fhvp@statefarm. com CAMPBELL, CA 95008 PRODUCER
cusronlER ID K:

I

INSURERS) AFFORDINGCOVERAGE NAIC P
INSURED INSURERA; Stale Fart MutualAutomobileInsuranceCompany 25178 Basile, Michael INSURER 13
DBA Professional Turf MGT INSURERC:
1310 Saddle Rack St Apt 302 INSURER D-
San Jose, CA 95126 1 INSURERE:

DESCRIPTION OF VEHICLE OR EQUIPMENT
YEAR MAKE 1 rAANUFACTURER N) DEL BODY TYPE VEHICLE IDENTIFICATION NUMBER 20, 13 Ford Edgy SportWG 2FMU1( 3JC1D18A83577

DESCRIPTION SERIAL NUMBER
COVERAGES. CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICY( IES) OF INSURANCE LISTED BELOW HAS/ HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY

PERIOD( S) INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECTTO

WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICY( IES) DESCRIBED HEREIN ISIARE SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY( IES).

INSR ADDL POLICY EFFECTIVE POLICY EXPIRATION
LTR % N5RD TYPE OF INSURANCE FOUCY NUMBER DATE( rA11D131YYYY) DATE( MMIDONYYY) LIMITS VEHICLE LIABILITY COMBINEU SINGLE LIMIT 3 1, 000, 000
A 1914357- DO4- 05G 10/ 04/ 2015 04104/ 2016
BOOILY INJURY(Per person) 5
BODILYINJURY( Peraxident) S

PROPERTY DAMAGE

GENERAL LIABILITY EACH OCCURRENCE S
OCCURRENCE GENERAL AGGREGATE s
C'- AIMSMADE MEDICAL PMNTS s 10, 000
IN SR LDsS POLICY EFFECTIVE POLICY EXPIRATION
LTR PAYEE TYPE OF INSURANCE POLICY NUMBER DATE( MM/ DDIYYYY) DATE( MMIDDIYYYY) LIMITS! DEDUCTIBLE G
V_ H COLLISION LOSS
191 4357- D04- 05G 10/ 04/ 2015 04/ 04/ 2016
0 ACV" C3 AGREZDAMT s- LIMIT
1:1 STATED MAT $ 500 DED
D
VEHCOh1P VET: OTC
1914357- D04- 05G 10/ 04/ 2015 04/ 04/ 2016 `

ACV - AGREED AMT - S LIMIT
SrATEDAMT $ 250 DED

PROPERTY ACV AGREEDAMT
LIMIT

BASIC BROAD RC STATED AMT
S DED

SPECIAL
REMARKS(INCLUDINGSPECIAL CONDITIONS/ OTHER COVERAGES)[Attach ACORn 101,Additional Remarks SchedUe, rf mare apace Is required)

ADDITIONAL INTEREST CANCELLATION
Selectone of the following: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 1 RThe
additionalinterest described balm has been added to the policypes) listed herelr.by policyntonber(sl. BEFORE THE EXPIRATION DATE THEREOF, NOTICE WALL.BE Arequest has been subm: l: ed to add the addl9onalinlerest descrioed below to the poliay( ies) DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. lisisd herein b"' Illcy number s.

VEHICLE I EQUIPMENT INTEREST; LEASED FINANCEp DESCRIPTION OF' THE ADDITIONAL INTEREST

NAMEAND ADDRESSOF ADDITIONAL INTEREST ADDITIONAL INSURED LOSS PAYEE

LENDER' S LOSS RRYEE
LOAN! LEASE NUMBER

AUTHORIZED REP ESENTATIVE
Car aile vuley oi.: rarsm.0 roaes,tew
01997- 2010 ACORD CORPORATION. All rights reserved.

AGGRO 23( 2010106) The ACORD name and logo are registered marks of ACORD 1004361 142987. 2 01- 28- 2013 i
p. 4
crrY or

WAIVE, R OF SUBROGATION ENDORSEMENT

WORKER' S COMPENSATION INSURANCE
CUPER' rINO
Project Title and Nurnber: 91(zc `& AV rorrAQ-( Gevse RofelTvtah r e.

In considerationof thepolicy premiumandnotwithstandinganyinconsistentstatementin thepolicy to which this Endorsement is attachedor any other Endorsementattachedthereto, it is agreedas follows; It is agreedthatwith respectto suchinsuranceasis affordedby thepolicy, the InsuranceCompany waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payrnent made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the perforniance of the above- referenced Contract.

POLICY INFORMATION
t. Insurance Company: f 11Ppu' &I Uu-eeGrw''ilei--s -' tl o ¢r F C: e—

2. Insurance Policy Number: A IT-14/ Coy & '- 0 1

3. Effective Date of this Endorsement, -- - dal) 20 Je,

4. Insured:_^& 0
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 10300Torre Avenue; Cupertino, California 950I4.

T V 0t 6 - J print/ typo name)
warrantthatI hav authorityto-biiAdthebelowlistedInsuranceCompanyandbymysignaturehercondo sobindthis Company.

Signature of Authorized Representative:

Original signature required on all Endorsement furnis e W the District) Names of
AgentlAgency; t' JfJUCe JlailrGL''` Title: 6 '-d Address: / f 1(% sa Ir(? Telephoner 0/ 3 r
Co'1d" Mdv"' f co facsimile: p
0 VOLPATTI INSURANCE
SERVICES INC. END OF DOCUMENT
511 LEISURE STREET
LIVERMORE, CAS. 94551
City nor Cupertino 00530- 7 Insurance Forms
Blookberry Farm Golf Course A4ainteuance 7.01G
I
i
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 Ed.4-841

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such reurtuneration.

Schedule
Person or Organization Job Description
The City of Cupertino; Blackberry Farm Oolf Course 22100 Stevens Creek Blvd. 10300 Torre Ave Cupertino, CA 95014
Cupertino, CA 95014
general maintenance on the golf course
This endorsementchangesthe policyto which It is attachedand is effectiveon the date Issuedunlessotherwisestated The information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 04- 01- 2015 Policy No. ATV 004386- 01 Endorsement No. 1 Insured Insurance Company
Professional Turf Management, W.( A Corp) Republic Underwriters Insurance Company CountersignedBy