Written Communications (Updated 6-22-2022) — Cupertino City Council, June 21, 2022 (part 2 of 2)

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 InsuranceCompaniesP. O. Box680001Dallas, TX 75368- 0001 Power To Pay
Your Way
Online
statefarm. com/ pay
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Use the
State Farm mobile app
Call
Automated Line: 1-800- 440- 0998
Your agent: 408- 793- 8303
Mail
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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transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution.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
PTM 5th Amendment to Agreement for BBF
Golf Course Maintenance
Final Audit Report 2020- 06-22
Created: 2020- 06-09
By: Kevin Khuu ( KevinK@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAsnfNTyYRwE3RKYo0yM5uXpTo6wR2BTmJ PTM 5th Amendment to Agreement for BBF Golf Course Mainte nance" History
Document created by Kevin Khuu (KevinK@cupertino. org)
2020- 06-09 - 9:53:06 PM GMT- IP address: 73.158.53.147 Document emailed to Araceli Alejandre ( aracelia@cupertino. org) for approval 2020- 06-09 - 9:57:28 PM GMT
Document approved by Araceli Alejandre ( aracelia@cupertino. org) Approval Date: 2020- 06-11 - 2:49:35 PM GMT - Time Source: server- IP address: 24.23.184.82 Document emailed to m_basile@hotmail. com for signature 2020- 06-11 - 2:49:39 PM GMT
Kevin Khuu ( KevinK@cupertino. org) replaced signer m_basile@hotmail. com with Michael Basile mike_basile@hotmail. com)
2020- 06-12 - 1:45:36 PM GMT- IP address: 73.158.53.147 Document emailed to Michael Basile ( mike_ basile@hotmail. com) for signature 2020- 06- 12 - 1:45: 36 PM GMT
Email viewed by Michael Basile ([email protected]) 2020- 06-12 - 1:55:28 PM GMT- IP address: 174.194.194.170 Document e-signed by Michael Basile ( mike_ basile@hotmail. com) Signature Date: 2020- 06- 16 - 10: 15: 46 PM GMT - Time Source: server- IP address: 98. 210. 121. 198 Document emailed to Heather M. Minner ( minner@smwlaw. com) for signature 2020- 06- 16 - 10: 15: 47 PM GMT
Email viewed by Heather M. Minner ([email protected])
2020- 06-20 - 10:59:40 PM GMT- IP address: 45.41.142.183 Document e-signed by Heather M. Minner ( minner@smwlaw. com) Signature Date: 2020- 06-20 - 11:00:24 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Deborah L. Feng ([email protected]) for signature 2020- 06-20 - 11:00:26 PM GMT
Email viewed by Deborah L. Feng ( debf@cupertino. org)
2020- 06-22 - 4:58:56 AM GMT- IP address: 104.47.44.254 Document e-signed by Deborah L. Feng ([email protected]) Signature Date: 2020- 06- 22 - 4:59: 20 AM GMT - Time Source: server- IP address: 24. 6.12. 22 Document emailed to Kirsten Squarcia 6/22/20 ([email protected]) for signature 2020- 06-22 - 4:59:23 AM GMT
Email viewed by Kirsten Squarcia 6/22/20 ( kirstens@cupertino. org) 2020- 06-22 - 3:35:43 PM GMT- IP address: 104.47.45.254 Document e-signed by Kirsten Squarcia 6/22/20 ( kirstens@cupertino. org) Signature Date: 2020- 06-22 - 3:36:15 PM GMT - Time Source: server- IP address: 148.64.105.190 Signed document emailed to Araceli Alejandre (aracelia@cupertino. org), Kevin Khuu ([email protected]), Kirsten Squarcia 6/22/20 ([email protected]), Michael Basile ([email protected]), and 4 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
This Fourth Amendment to Agreement 15- 206 between the City of Cupertino and Professional Turf Management, for reference dated 5/ 16/ 2019, is by and between the CITY 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 reference to the following:

RECITALS:

A. On 12/ 3/ 2015, an agreement was entered into by and between City and Consultant ( hereinafter " Agreement") for Contract Services for Blackberry Farm Golf Course Maintenance and soil sample collection and testing. The agreement will expire on 6/ 30/ 2016.

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

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

E. The Agreement and the First, Second, and Third Amendments are collectively 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 agreed by and between and undersigned parties as follows:

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

The contractor shall continue work through June 30, 2020, and shall diligently prosecute the work. This Agreement may be renewed annually for additional oneyear terms commencing July 1, 2020, at the City' s sole discretion and subject to 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 compensated for services performed 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 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.

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
Payment for services to be performed in Fiscal Year 2019- 20 From July 1, 2019 to June 30, 2020 shall be $ 17, 000. 00 per month for maintenance activities as described in Exhibit A, plus $ 100. 00 per each soil sample and testing with a maximum Quantity of 12.

Payment for services to be performed in Fiscal Year 2019- 20 shall not exceed $ 205, 200 as 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 BILIOFLIATY 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
@R05RTANT
OR PRODUCER, AND 111E CERTIFICATE F- 10" DEM
If tho cortifleako Wder Is a" ADMTIONAL. INSUREE Ut FS LT 5 16 7"FA Wil 7ft;T. the terms and rondftlons of 0w pWIey, Carta in polickra may requIro an endorsement A statownent cm Ws ear0ficate does nat confer rlWibi to the warPRODLICER N

VOLPATTI INSURANCE SERVICES INC PHONE
92r) 243- 0133
VA- 9-------------......
11MLN2)S.225) 243- 0132511LeisureStreetADr) 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 IFIS 1`67LW
REVISION NUMBER:

TIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED To' rHE WWRIED, NAMED ABOVE FOR THE POLICY PEMOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 0111ER DOCOMEN' r WITH RESPEari, o WHICH THIS CEIRTIFICATE MAY 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 GENERAL LIABILHI(
CLAIMS- AIADE OCCUR MED a person) 5, 000
A CPS2971848 04/ 01/ 2019 04/ 01/ 2020 PERSONAL, A ADV INJURY 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 RF EXCE88 LIAO CIAIMS- MADE
XBS0107007
AGGREGNT E 3p. 000 000
1) NTION$
WORI
1_
Wd3 1Arkj.-' D11'
AND EMPLOYERVIJAWLIW DRY LIM1111117,
Y/ N
ANY PRCVRtrrT() RIPPJTrNERA XECtn' tVE
C OFFIMIMENSER EXCLU 1--yI NIA y
20N") TWC3784198 04/ 01/ 19 04/ 01/
DIf1LkLS±. L)EES_ 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"SCRIFLED POLICIES 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
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6rmS ENDORSEIVIENTCHANGES THE pOUC Y. Fit„tofu k L-.`` fit VT CA EFL9&..i Y,

BLANKET ADDITIONAL INSURED ENDORSEMENT
this endorsement raacadifres. a insurance provided Under the following:

COMMERCIAL GENERAL LIAB11. 17Y COVERAGE PART'
With resj.,m; t to this endorsement, SECTION it - WHO IS Al work, incipcling materials, psrts or eqUipAN INSURED ls amended to lrWude as an addldonM in- meet furnished in rconnecalon wfth such wark, soured any person or organization whom you are required on the project: ( other than service, rnaminteto add as an additional ire tired on this policy Iuruder, aa writ- nonce or repairs) to be per"f r'rrasd by or on be, ten contract, written aaCgreernermt or written perrnit which ha f of the addltlonW insu..ured( s) at the location raar. ust be: of the covered calaeraatlorws has, beers corna,. C:urm".r'°atly In effect or becoming effective during pieteda or
the terra of the poHc, y; aruc.l
b. ° C°laaat por°don caf° our work" crest of which the in. b. Executed prior to the" bodily inilur"ayo,"
x"
propearty
jury or d rnaagge arises has been pert to its intended use by any person orororganizationstaauamaucdel, or" personal sand advertising irgiaury.," rather than aanratl"aer contractor or Subcontractor
The imsraar° r e provided to these additional insureds is line- engaged in performing operations Star as princk iced as follows; pawl as as part of the same prejecct.
i .. I.. haat person or organisation is an aadditicanW in- 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°ae written contract, W¢° uiaury"" property dsr°rmspe" or""personal and sdarer- written agreement or written permit or In the ecl,tam tgaringg injury" c°ca.ar~ se*d" in whole or in part, by: rations for tl°ais poHc y, whiclmver is less, These Hrrla. of ins ra;recce are incckisuvice of", Brad net In additlon Your acts or, e: a alssicans or
to, the Ur°aa6 s of Insurance shown in the Decclaarab. The acts or or issbrm of those aaccfirap on your tlsaums for t1°a6s pcuiic: y" behalf,

4. Coverage ts not providec.N for" bodfly injury,"" prep. person' s or or" anizaatgora" s status as an audditior° raal erty darrlam e," or" personal and aadvc,-ttisintg injury" insured [ under this endorsement ends when arising out of the scale negligence of the additional yeaeur operations for that addidonai insured are
insured.
completed,
sae insurance provided to the aaddi' honaal lrauserred

2. With respect to the insurance afforded to these ad- asses not applyilaYl" to "" beadily inia. ury," " property darer.,, ditionaal insureds, the following exclusions are age," or " personal and advertising injcury" aarisirag added to itern 2. Exclusions of SECTION l - mart of an architects, engineers or surveyor' s rc-ties..

COVERAGES;"t'r derinrd of or fa"allmure to render any professional sear"^ i Mi s irmsaur" aanceu does rot apply to ' bofflly lraieury" ie°wes incalrsdlntg.

U
fro e, t:ydan"ia e" or" personal and advertising l"i°
iIrra occc':aurr'n g after:
rredudes copyrighted m tr°dzd of ISO Properties, 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- ~ additional insured against any" suk" if any otherh+ neehngoctivihes. suner has o duty to defend the additional insued against that " suit," |
e6. f no other insurer defends,
Any coverage provided hereunder will be excess
will undertake to do so' bu mavvi|| be entitled tooveranyothervalidandco|| ecdb! e susnceavailthe additional insumd' s rightsagoins aUthooeo h Y
able to the additional insured whether primary, excess, contingent oror on any other basis unless m

AUTHORIZED REPRESENTATIVE DATE
Includes copyrighted material ur ISO Properties, mc, with Its permission.

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 priPrimary 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)
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 remuneration.

Schedule
Person or Organization Job Description
City of Cupertino 10300 Torre Avenue Cupertino, CA Specific Waiver per written contract 95014
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 pelicy.) 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
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 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
NAME; CHRIS LEE
HONE
All
StateF rm JOE FRANGIEH STATE FARM AGENT P
FAXA/ 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 PRODUCER CUSTOMER ID#:

INSURER( S) AFFORDING COVERAGE NAIC#

INSURED
INSURER A: 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 2019 FORD E350 F150 1FDSE35L35HB47643

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 WITH RESPECT TO

WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 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 VEHICLE LIABILITY 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 VEH COLLISION LOSS ACV AGREED AMT $ LIMIT
STATED AMT $ 250 DED
X VEH COMP 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 The additional interest described below has been added to the policy( ies) listed herein by policy number( s). BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE I
A request has been submitted to add the additional interest described below to the policy( ies) DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. listed herein by policynumbers.

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

NAME AND ADDRESS OF ADDITIONAL INTEREST X ADDITIONAL INSURED 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
yR
REPPRgEpS E
@ 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 INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

PRODUCER CONTACT
NAME; CHRIS LEE
tateF f"n JOE FRANGIEH STATE FARM AGENT
a No EXt: 408 793- 8303 qAX No): 408- 793- 8304
120 W CAMPBELL AVE STE A

E- MAIL
t4,',„ ADDRESS: CHRISTOPHER. LEE. PHOQ@STATEFARM. COM
CAMPBELL, CA 95008 PRODUCERCUSTOMER ID#:

INSURER( S) AFFORDING COVERAGE NAIC#

INSURED
INSURER A: 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 T350 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 ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY

PERIOD( S) 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 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 VEHICLE LIABILITY 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 VEH COLLISION LOSS 0 ACV AGREED AMT $ LIMIT
STATED AMT $
250 DED
X VEH COMP 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 The additional interest described below has been added to the policy( ies) listed herein by policy number( s). BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE I
A request has been submitted to add the additional interest described below to the policy( es) DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. listed herein by policynumbers.

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

NAME AND ADDRESS OF ADDITIONAL INTEREST X ADDITIONAL INSURED 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
This Third Amendment to Agreement 15- 206 between the City of Cupertino and Professional Turf Management, for reference dated April 17, 2018, is by and between the CITY 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 reference to the following:

RECITALS:

A. On December 3, 2015, an agreement was entered into by and between City and Consultant( hereinafter " Agreement") for Contract Services for Blackberry Farm Golf Course Maintenance and soil sample collection and testing. The agreement will expire on 6/ 30/ 2016.

B. On July 1, 2016, City and Consultant agreed to the First Amendment for Contract Services for Blackberry Fann Golf Course Maintenance and soil sample collection and testing.

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

D. The Agreement and the First and Second Amendments are collectively referred to as the " Agreement" unless otherwise indicated.

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

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

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

The Consultant shall continue work through June 30, 2019, and shall diligently prosecute the work. This Agreement may be renewed arnivally for additional one- year teens commencing July 1, 2019, at the City' s sole discretion and subject to appropriation, for up to two ( 2) additional one- year teens. The term of this Agreement shall terminate on June 30, 2019, unless terminated earlier as set for herein.

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

Consultant shall be compensated for services performed pursuant to this Agreement in 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 amended and replaced to read as shown in the attachments to this Amendment:
a. Exhibit B and Exhibit B- 2
b. Insurance requirements are updated as provided in the attached documents, Exhibit C.

4. 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.

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
Payment for services to be performed in Fiscal Year 2018- 19 from July 1, 2018 to June 30, 2019 shall be $ 17, 000. 00 per month for maintenance activities as described in Exhibit A, plus$ 100. 00 per each soil sample and testing with a maximum quantity of 12.

Payment for services to be performed in Fiscal Year 2018- 19 shall not exceed$ 205, 200.00 as noted 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, 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 damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' 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 horn each and every subcontractor or any other person or , entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to 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 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 Fortes, A. COVERAGE:

Contractor shall maintain the following insurance coverage:
1) Workers' Compensation:

St-atutory coverage as required by the State of California; Employers' Liability 1, 000, 000 per occurrence
2) General. Liabifity:

Commercial general liability coverage in the following minimum limits:

Bodily' jury: 500, 000
z
j/ i j a
ad-L
rrence
Pnil i D)-
all. other
Property Dames occuurenceaggregate
If subnlitt combined su1g1 . 1' vt of$ 1, 000,000 occurrence; 000 in the a negate iIl be ssidered quivale 1- 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:

Comprehensive automobile liability coverage in the
Gfollowingminunumlimits:
9odiLy , $, 50,0 Q each ocenrrP o"
Pa:oiae t- D.arx a.g--$ 59(, 09©-eaeli- eecrarrerti'
TT--
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 comprehensive general and automotive liability insurance, Contractor shall look solely toitsinsuranceforrecovery. 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 suchinsurance. said Contractor may acquire against City by virtue of the 'payment of any loss under 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 compensated by the Contractor for the costs of 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 tinder all insurance coverages, except worker' s compensation insurance,
The naming of an additional insured shall riot 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, anytHri- toward any loss or expense covered by 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.
1:1. BONDS:

Not applicable.

Contractor Agreement

Page 4 of 17 ends

Blackberry Farm Golf Course Maintenance 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 Arc Ne:( 925) 243- 0132
Livermore, CA 94551
ADDRESS: rick@volpatti. com
INSURER( a) AFFORDING COVERAGE NAIL#
License#: OE40809
INSURER A: Scottsdale Insurance Com any 41297
INSURED professional Turf Management, Inc.. INSURER B: Technology Insurance Company, Inc. 42376 INSURER C: 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 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.

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 COMMERCIAL GENERAL LIABILITY
ILD
PREMISESEe cccurranco $ 100, 000
CLAIMS- MADE I -" I OCCUR MED EXP( Any one person) $ 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 POLICY X 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- OTHAND EMPLOYERS' LIABILITY YIN

X TO Y LI ITS ER
ANY PROPRIETORIPARTNER/ EXECUTIVE TKC 37 0 94 0 9
000BOFFICER/ E. L. EACH ACCIDENT $ 1, 000,
MEMBER EXCLUDED? NIA X
19MandataryInNH) 04/ 01/ 1B 04/ 01/
E. L. DISEASE- EA EMPLOYE $ 1, 000, 000
If yes describe under
DESG RIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT 1$ 1, 000, 000 Commercial Inland Contractors Equip.

C Marine 3- MIA- 1- 026769 6/ 23/ 2017 6/ 23/ 2018 $ 224, 082 Deductible 500
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( Attach ACORD 101, Additional 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/ 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
00 0 1 48 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 T lUN1BF_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
N: , ioad.

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_XCEPTiL3NS FOLIC YBOtOKLET&.. ENDORSEMENTS{ See poi[oy T3ookTe#& in<TivaduaT endorseinentsTorcouerage de#axis,) 3 FOR80YNDSYSNRSNSLTAIAPPAGILUDGLOEOSSUERM 95B AANEDOEMETHTLY, NCINTHSII D TO YOU WIT ANY SI' IBSEQUENT RENEWAL NOTICE.

CREDITOR- FORDADDIITIONAL INSUURED- CCITYNO PALOOALTO, 7PD' BOXL10250 GA,

PALLO ALTO CA
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 ( o11 e025W)
o1e0254c)
SWeFami
State Farm Mutual Automobile Insurance Company 53485. 3- P MATCH 00035 MUTL VOL kedA93Ba s 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 1 FTFW1 CF70FB95742 303HCV1 H
ISu YlNBOT_ S COVEi4GE€ c LIMITS r` ` Q PI?EMIUIi+
Bodily Injury Limits
r- ..Ad_._- 1= ah PEsbn, Each Accide> tt
n1, D00 000 $ 1 OOD 000
r
Each Accident
C Medical
Paymf e-nts Coverage 33 10
10, 000
h
G
95n Collision Coverage $ 500 Deductible 383
emsmeTgency :: aarU Setaeouer. 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#arApFi.D& 201 8nBAN 07 201' 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& sENt ORSER1lENTS( See psitcy borltiet c( rtclivrdnaTa dorserrfents# ar coves a details YOUR POLICY CONSISTS OF THIS DECLARATIONS PAGE THE POLICY BOOKLETFOR9805BANDANYENDORSEMENTSTHATAPPLY, INCLUDING THOSE ISSUED TO YOUWITHANYSOBSEffNTRENEWALNOTICE. 6028BU CREEKBLVD, ADDITIOINvAL INSURED- BLACKBERRY FARM GOLF COURSE, 22100 STEVENS CUPERTINO CA 95014- 1037.
6126MD EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING.
6128AC AMENDATORY ENDORSEMENT.

Agent: JOSEPH FRANGIEH INS AGY INC
Telephone: ( 408) 793- 8303
0 068 1/ 0041 2
See Reverse Side
BOC155- Prepared MAY 03 2018 0264-3866 CA. 2 05- 2002( o1e025fc) 0. 0254) 14SXON ( ote025te)
I( evin Khuu
From: Joseph Costamagna < jcostamagna@bickmore. net>
Sent: Wednesday, June 13, 2018 4: 12 PM
To: Kevin Khuu
Cc: Jenny Koverman
Subject: Re: FW: Insurance Coverage Questions PTM Auto
Actually I had not seen the insurance. This is a commercial policy with sufficient limits, and is acceptable.

Thank you!
Joe Costamagna, ARM
Litigation Management
Risk Control Services
Bickmore
415. 407. 4157 cell
Notes and suggestions contained in this communication are made by Bickmore staff for the propose of reconunending best risk management practices and enhancing the risk management decisions made by Bickmore clients and member agencies. NOTHING CONTAINED IN THIS EMAIL IS INTENDED TO BE, NOR SHOULD BE CONSTRUED AS, LEGAL ADVICE. Bickmore clients and member agencies are encouraged to seek appropriate counsel with legal professionals to address legal questions.

On Wed, Jun 13, 2018 at 3: 48 PM Kevin Khuu< KevinKkcupertino. org> wrote:

Hi Joe,
Just in case, have you seen the insurance in question? Jenny asked me to send it to you just 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

THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY,

BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies Insurance provided under the following:

COMMERCIAL. GENERAL LiA131LiTY COVERAGE PART
With respect to this endorsement, SECTION II • WHO IS a. All work, including materials, parts or equipAN INSURED Is amended to Include as an additional In- ment furnished in connection with such work, sured any person or organization whom you are required on the project ( other than service, mainteto add as an additional insured on 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 coma. Currently In effector becoming effective during plated; or
the term of the policy; and b, That portion of" your work" out of which the Inb. Executed prior to the" bodily Injury," " property jury or damage arises has been put to Its indamage," or" personal and advertising Injury," tended use by any person or organization other than another contractor or subcontractor
The Insurance provided to these additional insureds is Ilm- engaged In performing operations for a princiited as follows; pal as a part of the same project.

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,"" property damage" or" personal and adver- written agreement or written permit or in the Declatlsing injury" caused, in whole or in part, by: rations for this policy, whichever is less. These limIts of insurance are inclusive of, and not in addition a, Your acts or omissions; or
to, the Limits of Insurance shown in the Declarab, The acts or omissions of those acting on your dons for this policy, behalf.
4, Coverage Is not provided for" bodily injury,"" propA person' s or organization' s status as an additional erty damage," or" personal and advertising Injury" 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 damditlonal 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: during of or failure to render any professional servThis Insurance does not apply to " bodily Injury," ices Including:
property damage" or" personal and advertising Injury" occurring after; Includes copyrighted material of ISO Properties, Inc„ with its permission, Copyright, iSO Propertles, Inc,, 200
GhS- 1 SOS( 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 duty under SECTION I- COVERAGES to defend the b. Supervisory, Inspection, architectural or engi- additional Insured against any" suit" If any other Inneering 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 Insurance availwill undertake to do so, but we will be entitled to able to the additional Insured whether primary, exthe additional Insured' s rights against all those othc6ss, contingent or an any other basis unless a er Insurers.

AUTHORIZED REPRESENTATIVE DATE
Includes copyrighted material of ISO Properties, Inc., with Its permission.

Copyright, ISO Properties, Inc., 2004
GLS- 150s( 7-06) Paga 2 of 2
COMMERCIAL GENERAL LIA>31LITY 4CG20010413
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 Condl- 2) You have agreed In writing in a contract or tion and supersedes any provision to the contrary: agreement that this Insurance would be prlPrlmaryAnd Noncontributory Insurance mary and would not seek contribution from any other Insurance available to the additionalThisInsuranceIsprimarytoandwillnotseekcon- Insured, tributlon from any other Insurance available to an
additional insured under your policy provided that:

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 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 remuneration.

Schedule
Person or Organization Job Description
City of Cupertino/ Blackberry Farm Golf Course 10300 Specific waiver per written contract j Torre Avenue Cupertino,
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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
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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 Second Amendment to the Contract between the 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"), and is made with reference to the following:

RECITALS:

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

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

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

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

The Contractor shall continue work through June 30, 2018, and shall diligently prosecute the work. This Agreement may be renewed annually for additional oneyear 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 compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor' s bid, which is attached hereto as Exhibit` 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 1 Co
orati0 "_ By
By City Managers David 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:
jff4' L k&
City Clerk,
Amendment Amount$ 205, 200. 00
Account No. 560- 63- 616- 700- 702
CERTIFICATE OF LIABILITY INSURANCE 6/ l/(2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) 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 NAME:

VOLPATTI INSURANCE SERVICES INC P ONo ( 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 INSURER A: Scottsdale Insurance Company 41297 INSURED Professional ' Turf Management, Inc. INSURER 0: 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;

INBR ADUL POLICY EXP
TYPE OF INSURANCE LIMIT$
LTR o POLICY NUMBER MM/D
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& ADV INJURY s 1, 000, 000 GENERAL AGGREGATE s 2, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER:

PRODUCTS- COMPIOP AGG s 2, 000, 000
POLICY I X J CTEl 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
DED J
I RETENTION$

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?
000MandatorytoNH) PLA005003- 00 04/ 01/ 17 04 01 18 E.L, DISEASE- EA EMPLOYS-$ 1, 000, 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
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, if more space Is requUed) 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
0988- 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 reference dated June 22, 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 reference to the following:

RECITALS:

A. On December 3, 2015, an agreement was entered into by and between City and Contractor ( hereinafter " Agreement") for Contract Services for 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 as follows:

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 services performed pursuant to Page I of 2
First Amendment
Professional Turf Management Contract, Blackberry Farm Golf Course this Agreement in the amount and manner set forth in Contractor' s bid, which is attached hereto as Exhibit " 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, Grace Schmidt
Amendment Amount$ 205, 200. 00
Account No. 560- 63- 616- 700- 702

Page 2 of 2 ends

First Amendment
Professional Turf 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 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, 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 oneyear terms commencing July 1, 2016 through June 30, 2017, at the City' s sole discretion and 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 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 as if the same were fully incorporated herein,

3. COMPENSATION TO CONTRACTOR:

Contractor shall be compensated for services performed 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 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 as indicated in the city' s adopted budget.

Contractor Agreement Page I of 17
Blackberry Farm Golf Course Maintenance 2016

4. TIME IS OF THE ESSENCE:

Conti- actor and City agree that time is of the essence regarding 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 San Francisco Bay Area and agrees that 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 acquired by virtue of Contractor' s services. None of the benefits provided by 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, PERS payments, or other purposes normally associated with 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 expenses arising 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, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated, Contractor agrees that 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, employees and volunteers against any and all liability, claims, stop notices, actions, causes of 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 damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' 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 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 agrees to 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 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 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 State of 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, 000 per occurrence;$ 2, 000, 000 in the aggregate will be considered equivalent to the required minimum limits shown above.

Contractor Agreement Page 3 of 17
Blackberry Farm Golf Course Maintenance 2016
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 comprehensive general 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 shall be permitted to obtain such insurance in the Contractor' s name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of 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 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 covered by the insurance provided by this policy.

E. SUFFICIENCY OF INSURANCE:

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 consent shall 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 Agreement may be assigned to a bank, trust company or other financial institution 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 interest of any general partner 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:

Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed iri 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' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the. insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision 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 services hereunder.

15. REPORTS:

Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with 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 assembled by 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.

Contractor Agreement Page 5 of 17
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 an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at 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 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 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 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 as hereinafter 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
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 excavation and grading or other activities that may create dust or erosion. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary 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. Such control 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 remove from 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 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 street shall be washed and the wash water shall be collected and disposed of 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 each work day. Contractor shall also clean up any leaks, drips, and other spills as they 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, and removed at the end 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
Blackberry Farm Golf Course Maintenance 2016
Agreement by giving seven ( 7) days' prior written notice to Contractor as provided herein. Upon termination of,this Agreement, each party shall pay to the other party 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 state or federal laws and all ordinances, rules and regulations enacted or issued by City. Specifically, and without limitation, Contractor shall comply 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 delay in remitting certified payroll reports to the City upon request from 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 excess of 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 1776 which requires certified payroll records be maintained with the name, address, social Security number, work classification, straight time and overtime hours worked each day and week, and the actual per diern wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement, to the extent applicable, The Payroll Records shall be made available for inspection as provided 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 Santa Clara, State of 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
Blackberry Farm Golf Course Maintenance 2016
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 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 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 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 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.

Contractor Agreement Page 9 of 1.7
Blackberry Farm Golf Course Maintenance 2016
P. O. No.: 10(- 3
9 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on 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 een Winchester, Acting City Attorney
ATTEST:

Grace Schmidt, City Clerk
Contract Amount: $ 99, 600. 00
Account No. :
70 Contractor Agreement Page 10 of 17
Blackberry Farm Golf Course Maintenance 2016
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 maintenance project.

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

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: Contractor to collect soil samples yearly to determine recommended nutrients, 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 greens are to 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 and policies and at minimum rates that 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 greens monthly during the growing season.

Top- dress with TD320 from TMT enterprises or City approved equal.

1. 07 PESTICIDE APPLICATION: All pesticide application shall be completed by a qualified person in accordance with all applicable laws, codes, specifications and policies. Greens to be maintained disease and weed free. Apply all chemicals sparingly. Applications shall be as per 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 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 chemical applications shall flow into creeks or ponds nor to drainage hilets that discharge to creeks or ponds.

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Blackberry Farm Golf Course Maintenance 2016

1. 09 INTERSEEDING: Contractor shall interseed greens with City approved mix of creeping bentgrass two 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 MONNTfNG FREQUENCY: Twice weekly in spring/ summer/ fall and once a week in winter,

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

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

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

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/ 2 inch 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 mij.-i_muni rates consistent with healthy turf. Special care shall be taken to prevent- fertilizer or fertilizer- containing runoff from getting into creek areas or ponds.

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

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

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

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

3. 08 NVE ED 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 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.

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

3. 10 SEED AND TOPSOIL TEES: Contractor to place seeds and 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 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, specifications and policies and at minimum rates consistent with healthy turf.

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

4. 05 OVERSEEDING: Contractor shall overseed with Perennial Rye one time 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 and fall. Broadleaf weed control 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 CREED AND PONDS: No runoff from chemical applications shall flow into creek areas or 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 V2inches 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 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 encourages the Contractor to use Environmentally Friendly or Green equipment and supplies for this contract.

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Blackberry Farm Golf Course Maintenance 2016

7.02 SCOPE: All mowing equipment shall be on a regular preventive maintenance schedule for hydraulic and oil lines so as to minin-dze damage to turf and protect 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 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 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: Contractor shall pick up trash and check area daily.

10. 03 BROKEN GLASS/ BOTTLES: Contractor shall pick up and dispose of broken glass or 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 maintenance building. The public rest rooms will be cleaned and maintained by the City or City' s designee.

11. 02 PATIO: Contractor shall sweep daily.

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: Contractor shall pick up daily,

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

12. 04 WALKWAYS: Contractor shall SIA7eep 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 inunediately.

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 Conti-actor Agreement Page 14 of 17
Blackberry Ferret Golf 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 grass weekly and fertilize and aerate the 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 edges of golf play areas that 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 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 techniques as acceptable to 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 keep all trees trimmed at least 6 feet from the ground to prevent damage to golf cart tops and maintenance equipment, except for trees and shrubs along the 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 iminediately remove any broken tree limbs. Downed blush 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 determined that the condition was caused by the Contractor' s negligence.

12. 17 USDA 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 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 as necessary.

12. 19 VANDALISAI/ GRAFFITT: Contractor shall correct vandalism immediately and remove graffiti within 24 hours.

Contractor Agreement Page 15 of 17
Blackberry Farm Golf Course Maintenance 2016

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: Contractor shall immediately remove any damaged bench, and notify supervisor so that City can replace it. Any damaged tee sip shall be removed as soon as possible, 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: Contractor shall replace flags, poles and cups when they are discolored, frayed or damaged in any way,

14. 05 BALL WASHERS: Contractor shall check for water/ soap daily. Contractor shall 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-ofbounds stakes immediately 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 excessive growth of plant material.

14. 10 BRIDGE: Contractor shall inspect bridge daily for safe conditions and repair structures immediately when 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 maniier to provide proper watering. Any major irrigation system repairs or improvements are not 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 as needed 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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Blackberry Farin Golf Course Maintenance 2016

15. 06 WIND PROBLEMS: In areas where wind creates problems of spraying onto private property or road rights of way, operation shall occur during period of lowest wind velocity.

15. 07 MONITORING: Contractor shall make corrections for coverage, adjustment, clogging of lines, and removal of obstacles, tilting of heads, and management of plant materials that obstruct the spray as they 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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Blackberry Farm Golf Course Maintenance 2016
EXHIBIT B - 1

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

SCHEDULE OF BID PRICES
All Bid items, including lump sums and unit prices, must be filled in completely, Allowances and Alternative Bid items if applicable are described in Document 00800( Special Conditions). Quote in figures only, unless words are specifically 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
TOTALIREFQTY. PRICE Qty x Unit Price)
BID ALTERNATE 1: Provide Maintenance at Blackberry Farm Golf Course, Jul 2016- June 2017
Technical
IQ3Provisions Provide maintenance, each month, July
2016- June 2017
month 12 D008002- oq oo(
4 Technical
Soil Sample Collection and Testing 12ProvisionsEA
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
July5Provisions Provide maintenance, each month,
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
Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda:

Addendum No. Addendum Datp
1 11 / S OwNeup,
Z_
Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form.

NAME OF BIDDER:.---. PA, 0 6 S( t, jJ A Julu q, 4A
v
licensed in accordance lvithlan act for the registration of Contractors, and with 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 State of 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 signature of the officer or officers authorized to sign contracts on behalf ofthe corporation. IfBidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. n I
Business Address: 0, 7 00 1
Sals; rA
Officers authorized to sign contracts:

Ty d Fu l Name:

Telephone Number( s): rq()' I S- 3? 61
Fax N urn ber( s): CI- d g 9- LoqqE- Mail Address: M I ke kfts I

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 services to be performed in Fiscal Year 2016- 17 from July 1, 2016 to June 30, 2017 shall be $ 17, 000. 00 per month for maintenance activities as described in Exhibit A, plus $ 100. 00 per each soil sample and testing with a maximum quantity of 12.

Payment for services to be performed in Fiscal Year 2016- 17 shall 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 FEE for 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:

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 prosecute the work. This Agreement may be renewed annually for oneyear terms commencing July 1, 2016 through June 30, 2017, at the City' s sole discretion and subject to appropriation, for up to five( 5) one- year terms ( possible total term 5.5 years).

2. SERVICES TO BE PERFORMED:

3. COMPENSATION TO CONTRACTOR:

Contractor shall be compensated for services performed 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 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 as indicated in the city' s adopted budget.

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Blackberry Farm Golf Course Maintenance 2016

4. TIME IS OF THE ESSENCE:

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

5. STANDARD OF CARE:

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 acquired by virtue of Contractor' s services. None of the benefits provided by 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, PERS payments, or other purposes normally associated with 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):

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 a job applicant, a City employee, or a citizen by Contractor or Contractor' s employee on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that 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, employees and volunteers against any and all liability, claims, stop notices, actions, causes of 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 2016
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 damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' 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 involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to 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 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 insurance coverage:
1) Workers' Compensation:

Statutory coverage as required by the State of 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, 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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Blackberry Farm Golf Course Maintenance 2016
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 comprehensive general 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:

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 covered by the insurance provided by this policy.

E. SUFFICIENCY OF INSURANCE:

11. BONDS:

Not applicable.

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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 consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution 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 interest of any general partner 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 assignment of this Agreement. Control means fifty percent( 50%) or more of the voting power of the corporation.

13. SUBCONTRACTOR APPROVAL:

Unless prior written consent from 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.

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

14. PERMITS AND LICENSES:

15. REPORTS:

No report, information nor other data given to or prepared or assembled by 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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16. RECORDS:

If supplemental examination or audit of the records is necessary due to concerns raised by 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 States Mail, postage prepaid, registered or certified, addressed as hereinafter 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 95014
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 95170
Attention: Michael Basile, President
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18. URBAN RUNOFF MANAGEMENT:

The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control 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 remove from 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 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 street shall be washed and the wash water shall be collected and disposed of 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 each work day. Contractor shall also clean up any leaks, drips, and other spills as they occur.

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 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 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 necessary to 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 as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination.

20. COMPLIANCES:

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 request from the City will result in either delay and/or forfeit of outstanding payment to Contractor.

C. PAYROLL RECORDS: Contractor shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem. wages paid to each. journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement, to the extent applicable. The Payroll Records shall be made available for inspection as provided in California Labor Code Section 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 Santa Clara, State of 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 unless prior written approval has been secured from City to do otherwise.

23. WAIVER:

24. INTEGRATED CONTRACT:

This Agreement consists of this document as well as the following 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, 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 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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P.O. No.: 7i01
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on 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 een Winchester, Acting City Attorney
ATTEST:
r
Grace Schmidt, City Clerk
Contract Amount: $ 99, 600. 00
Account No. : SCvo--( v3-( 01 G
Tom-' 70--
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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 any green is not included in this maintenance project.

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

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

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- dress with TD320 from TMT enterprises or City approved equal.

1. 07 PESTICIDE APPLICATION: All pesticide application shall be completed by a qualified person in accordance with all applicable laws, codes, specifications and policies. Greens to be maintained disease and weed free. Apply all chemicals sparingly. Applications shall be as per 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 Course and with its setting and protected natural 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 chemical applications shall flow into creeks or ponds nor to drainage inlets that discharge to creeks or ponds.

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1. 09 INTERSEEDING: Contractor shall interseed greens with City approved mix of creeping bentgrass two times per year, in the spring and fall at a rate of 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/ 2 inch 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 areas or 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. feet unless otherwise directed. Contractor to 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, 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.

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

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

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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

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

4.05 OVERSEEDING: Contractor shall overseed with Perennial Rye one time 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.

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 creek areas or 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: 1 to 1 % 2 inches 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 Green equipment and supplies for this contract.

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7.02 SCOPE: All mowing equipment shall be on a regular preventive maintenance schedule for hydraulic and oil lines so as to minimize damage to turf and protect 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 frequency of cut at a minimum of.67 at 5. 0 mph.

10. PARKING LOT AT GOLF COURSE ENTRANCE

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

10. 03 BROKEN GLASS/ BOTTLES: Contractor shall pick up and dispose of 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 cleaned and maintained by the City or City' s designee.

11. 02 PATIO: Contractor shall sweep daily.

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: Contractor shall pick 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
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of the building along the restroom walkway measuring roughly 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 fence lines, barriers, railroad ties, delineators, and along edges of golfplay areas that 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 ifunusual growth 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. Acceptable methods may include carbon dioxide use, trapping, exclusion, or burrow sealing/removal, or using other techniques as acceptable to City.

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 keep all trees trimmed at least 6 feet from the ground to prevent damage to golf cart tops and maintenance equipment, except for trees and shrubs along the 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 determined that the condition was caused by the Contractor' s negligence. 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: Contractor shall immediately remove any damaged bench, and notify supervisor so that City can replace it. Any damaged tee sign shall be removed as soon as possible, 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: Contractor shall replace flags, poles and cups when they are discolored, frayed or damaged in any way.

14. 05 BALL WASHERS: Contractor shall check for water/soap daily. Contractor shall 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-ofbounds stakes immediately 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 excessive growth of plant material.

14. 10 BRIDGE: Contractor shall inspect bridge daily for safe conditions and repair structures immediately when 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 are not included in this maintenance project.

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 areas where wind creates problems of spraying onto private property or road rights of way, operation shall occur during period of lowest wind velocity.

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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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 insurance per project- must be signed by the insurance agent for general liability only.

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

City of Cupertino 00530- 1 Insurance Forms
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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 selfinsurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract.

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

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

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

City of Cupertino 00530- 2 Insurance Forms
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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.

General Liability- commercial general liability; Combined single limit of$ 1. 0 million per including provisions for contractual liability, occurrence; $ 2. 0 million in the aggregate personal injury, independent contractors and
products- completed operations hazard.

Automobile Liability- comprehensive covering Combined single limit of$ 1. 0 million per owned, non- owned and hired automobiles. occurrence.
b19, ro41,55tV', tcr i / , r-1//,, ageme4 By:_ AZZ41111eaae, Z_ Contractor' s Name)
City of Cupertino 00530- 3 Insurance Forms
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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/ products insured( show contract name and/ 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
City of Cupertino 00530- 4 Insurance Forms
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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, agents and employees and shall issue an endorsement to the policy evidencing same.

C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, 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 each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an" A" policyholder' s rating and a financial rating of at least Class VII in accordance with the current Best' s Guide Rating or that is otherwise acceptable to the City.

D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty( 30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best' s Guide Rating of A, Class 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 State of California— Worker' s comp statutory" per CA Law; Employers' Liability
1, 000, 000 per occurrence.

General Liability'- commercial general liability; Combined single limit of$ 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 6 t'sxtvld By: i
Contractor' s Name)
Dated: 20/ 6--
City of Cupertino 00530- 2 Insurance Forms
Blackberry Farm Golf Course Maintenance 2016
P.

CITY OrCUPERTINO

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

Insured: JD' L' ldnGl tY 1`hl1Hfif l` GI'
Address:
5/ 7
Description of operations/ locations/ products insur d ( show contract name and/ or number, if any):
6 (1-( ik b f1y-y\,1 k- r-m c
l ou Vila 4 a
WORKER' S COMYE% TiON * Statutory Min.
j ( i7C1 q +? <s< drIC *
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 `71G 7 Expiration Date
City of Cupertilto 00530- 3 Insurance Forms
Slaokberry Pam Coif Course Maintenance 2016
I
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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 consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows:

The City of Cupertino(" City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents acid employees, and the State of California, and its officers, agents and employees, are: Hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations.

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

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

POLICY INFORMATION

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

2. Insurance Policy Number:

13. Effective Date ofthis Endorsement: i , j
20 4. Insured:

Ali notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsoments, 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 ed Insurance Company and by arty signature hereon do so bind this Company,
Signature ofAuthorized Representative:_
Original signature required on all Endorsemen s furnislwV M the District) Names of ,,
JJAgent/ Agency:W Vgsp l',ff 6; W11 J4e5 Title:—_ 640 LAY Address: 6 14, 5# 0 '!
1rr r d11' l r ° J Facsimile: al,5 d Y3 e13dCity of Cupertino 00530- S Insurance Foilns Blackberry Farm Golf Course Maintenance 2016
i
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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 attached or any other Endorsement attached thereto, it is as follows:

This Endorsement modifies the insurance provided under the General Liability Coverage part ofthe below-referenced policy 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: ( P s of IMi g 7

3. Effective Date ofthis Endorsement- k 20_L6

4. 1llsured: f y^ 04 5-51 U l(, b Tlir--( r la mageol ey)-f5. Additional insured: City of Cupertino, its directors, officers, agents and employees.

All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, Californiaalifornia 95014.
1, k-t I/ L/ V 0 t ' f' 11 print/ type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company.

Signature ofAuthorized Representative:

Original signature required on all Endorsement furni-A& W the District) Names of
yAgent/ Agency: U0 ,_ t"nSrf lai?L' , rV1C Title:^ / 7Iw Address: 5/ 1 G / S 41 r" e S IV ee—t" Telephone: qA5 03 3 Gil yey/ W 6y('
r (-
a Facsimile: qAJ , i
D/ '
VOLPA` ' TI INSURANCE
SERVICES INC.
511 LEISURE STREET
LIVERMOW CA 94551
City of Cuperthlo 00530- 6 Insurance Forms
131ao1, bcrry Farm Golf Course Maintenance 2016
I

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 adinclude as an additional Insured any person or or- ditional Insureds, the following additional excluganization 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 anI• " Bodily injury"," property damage" or" personal additional insured on your policy. Such person or
and advertising Injury" arising out of the renorganization is an additional insured only with re-- dering of, or the failure to render, any professpect 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 drawings, opinions, reports, surveys, field or2. 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 rerence" which caused the " bodily injury" or " propquired 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 rendering 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.

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 Seca. 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 Insuch 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 orwhichever 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.

Page 2 of 2 ends

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

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 hl lieu of such endorsement( s).

PRODUCER
NAME:

VOLPATTI INSURANCE SERVICES INC PHONE FAX
Ext: ( 925) 243- 0t Arc No:( 925) 243- 0132
511 Leisure Street ADDRI ss:rick@volpatta . com
Livermore, CAp94551
License#: OE40809

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

INSURER C: Cali orzria Capital Insurance Company 13544
PO Box 700142 INSURERD:

San Jose, CA 95170 INSURER E
INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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 POLICY R 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 LPABH CLAIMS- MADE AGGREGATE

DED I I RETENTIONS S
WORKERS COMPENSATION X WCSTATU- 07HAND EMPLOYERS' LIABILITY Y/NTORY LIPAITSI ER g ANYOFF1C P,iE+IFTOABERPARNEReLUDED 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 beuMerDE$ CRIPTI ON 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
JAUTHORIZEDEPRESENTATIVEA l
O 1988-' A O CORD CORPORATION. All r1ghts reserved.

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

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 REPRESENTATIVE OR PRODUCER, AND TIME CERTIFICATE HOLDER.

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 . 8
x40793- 8303 793-
120 W CAMPBELL AVE STE A ADMDRESS: alana. rivera. fhvp@statefarrn. Corn CAMPBELL, CA 96008 PRODUCER CUSTOMER ID9:

INSURER( S) AFFORDING COVERAGE NAIC A
INSURED INSURER A: 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
LINtITSrOEDUC7IBLELTRPAYEETYPEOFINSURANCEPOLICYNUMBERDATE( UrAIDDIYYYY) DATE IMMIDDIYYYY) K VEH COLLISION LOSS 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
STATED MAT S 290 DIED
PROPERTY ACV L1 AGREED AMT
5 LIMIT
BASIC BROAD ClRC STATED WAT
5 DED

SPECIAL
n'
REMARKS( INCLUDING SPECIAL CONDITK) NS/ OTHER COVERAGES)( AHach ACORD 101, Additional Remarks Schedule, if more space As required)

ADDITIONAL INTEREST CANCELLATION
Select one of the following:- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE- CANCELLED Tie additional Interest dasc dried below has been added to the poticy( les) listed herein by PoNcy nurmerm. BEFORE THE EXPIRATION DATE THEIREOF, NOTICE WILL BE A request has been submitted to add` headdiGsna. Inmest described below 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

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

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 forthatpurpose.

PRODUCER NAMEACT Elans Rivera
StatBFarm JOE FRANGIEH w No Exc: 408- 793- 8303 ac No: 448- 793- 8304 120 W CAMP13ELL AVE STE A AEOnRIE st elona. rivera. fhvp@statefarm. com CAMPBELL, CA 95008

PRODUCER
cusronlER ID K:

INSURERS) AFFORDING COVERAGE NAIC P
INSURED INSURER A; Stale Fart Mutual Automobile Insurance Company 25178 Basile, Michael INSURER 13
DBA Professional Turf MGT INSURER C:
1310 Saddle Rack St Apt 302 INSURER DSan 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( INCLUDING SPECIAL 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 1RThe
additional interest described balm has been added to the policypes) listed herelr. by policy ntonber( 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 ADDRESS OF ADDITIONAL INTEREST ADDITIONAL INSURED LOSS PAYEE

LENDER' S LOSS RRYEE
LOAN! LEASE NUMBER

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

WAIVE,R OF SUBROGATION ENDORSEMENT

WORKER' S COMPENSATION INSURANCE
CUPER' rINO
Project Title and Nurnber: 91(zc `& AV rorrA Q-(Gev se RofelT vtah r e.

In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows; It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any 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 U u-eeGrw'' ilei--s -' t l o ¢r F C: e—

2. Insurance Policy Number: A IT- 14/ Co y & '- 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 10300 Torre Avenue; Cupertino, California 950I4.

T V 0 t 6 - J print/ typo name)
warrant that I hav authority to-biiAd the below listed Insurance Company and by my signature hercon do so bind this Company.

Signature ofAuthorized Representative:

Original signature required on all Endorsement furnis e W the District) Names of
AgentlAgency; t' JfJUCe JlailrG L''` Title: 6 '-d
Address: / f 1(%sa Ir(? Telephoner 0/ 3 r
Co' 1 d" 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 7.01 G
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 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 04- 01- 2015 Policy No. ATV 004386- 01 Endorsement No. 1 Insured Insurance Company
Professional Turf Management, W.( A Corp) Republic Underwriters Insurance Company Countersigned By
CC 06-21-2022
Item No. 17
Stevens Creek
Boulevard Vision Study
Written Communications
From: Neil Park-McClintick
To: City Clerk
Subject: Please support Item 17 (Stevens Creek Corridor Study) + add more land use language to the CAP 2.0 Date: Tuesday, June 21, 2022 1:20:00 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

City Clerk Kirsten Squarcia,
I am a community member in Cupertino who would like City leadership to be as ambitious as possible on tackling climate change. In particular, I strongly believe The Climate Action Plan

2.0 (CAP 2.0) needs more language and suggestions on housing policy and land use reform.

Currently, the land use chapter (Chapter 9) has almost no land use suggestions, despite it being called the land use chapter. Additionally, I strongly believe Cupertino should join San Jose and Santa Clara in the Stevens Creek Corridor Study (Item 17).

Staff's research shows that 60% of Cupertino emissions are transportation! Our ask to Cupertino leadership is simple: We absolutely need ALL four of the following to maximize our small city’s impact on mitigating transportation emissions and to transform our city and region for the better:

1. Bold steps toward universal building electrification (currently supported in CAP 2.0). We are excited by the bold plans concerning electrification of buildings in Cupertino.

2. Emphasizing infill development (avoiding sprawl) as a key way to reduce vehicle miles traveled in Cupertino–which constitutes the largest source of emissions in the Bay Area. This is currently not supported by Cap 2.0

3. Transit-oriented planning. Cupertino, like most of the Bay Area, was designed around needing to drive everywhere. Cupertino’s daytime population doubles during the day, as most daytime residents cannot afford to live here. This forces long super commutes that are not accounted for in the current emissions inventory conducted in CAP 2.0. We aren’t serious about climate change if we do not focus on building housing near transit. While CAP 2.0 makes some vague references to transit, it fundamentally focuses on electric cars and bicycles improvements–which are in their own right important. Additionally, Cupertino must pledge its full support and participation in the Stevens Creek corridor study, another item on the 6/21 agenda.

4. Connecting CAP 2.0 to the Housing Element update specifying how and where we will plan for 5,000+ homes in Cupertino–and vice versa. The two must go hand-in-hand as ambitious polic visions for the next several years.

Studies by the UC Berkeley Cool Climate California Local Government Climate Policy Tool reveal that infill development and reducing car reliance are two of the most essential ways to mitigate climate change for Cupertino.

But our City Council has resisted the promotion of infill development, making it difficult to build housing in the city by enforcing harsh zoning and parking restrictions, and limiting both height and density. This means that we are forced to build further outward to meet our needs.

Until this feedback is incorporated into CAP 2.0, I do not believe the plan is ambitious enough for reducing transportation emissions in Cupertino.

Neil Park-McClintick
[email protected]
801 Miller Avenue
CUPERTINO, California 95014
From: Jenny Griffin
To: City Council
Subject: Item Number 17 City Council Meeting, Stevens Crk. Blvd Vision Study Date: Tuesday, June 21, 2022 3:53:07 PM
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Dear City Council:

I would like to have item 17 pulled from Consent Calendar for Discussion.

I am concerned about the intent of this West San Jose Stevens Creek Blvd.Vision Study.

Last week on June 13, 2022 the San Jose City Council voted in unison to ban parking across The city.

I am very concerned about Cupertino donating money to this study if the intent is to reduce Traffic lanes on Stevens Creek Blvd. I think the intent of this study is to eliminate cars On Stevens Creek Blvd and that is not a good option for Cupertino. We have cars and we use Cars. I don't think that is being factored in in this big San Jose dominated study.

I don't think it is appropriate for Cupertino to donate money to this study if San Jose City Council is sending the signal they don't like cars by voting as they did last week to eliminate Parking in their city.

Cupertino does not want to eliminate Parking in Cupertino..Why should we spend 150 k on a Study from San Jose that will just say eliminate cars and parking as a solution.

The 150 K could be spent to fix up the Stokelmeyer House or Provide meals to the homeless People at the 280 offramps.

Thank you.

Sincerely,
Jennifer Griffin
From: Michael Mar
To: City Clerk
Subject: Please support Item 17 (Stevens Creek Corridor Study) + add more land use language to the CAP 2.0 Date: Tuesday, June 21, 2022 5:05:20 PM
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2.0 (CAP 2.0) needs more language and suggestions on housing policy and land use reform.

1. Bold steps toward universal building electrification (currently supported in CAP 2.0). We are excited by the bold plans concerning electrification of buildings in Cupertino.

Until this feedback is incorporated into CAP 2.0, I do not believe the plan is ambitious enough for reducing transportation emissions in Cupertino.

Michael Mar
[email protected]
19503 Stevens Creek Blvd, Unit 226
Cupertino, California 95014
From: Connie Cunningham
To: City Clerk
Subject: Please support Item 17 (Stevens Creek Corridor Study) + add more land use language to the CAP 2.0 Date: Tuesday, June 21, 2022 4:57:10 PM
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2.0 (CAP 2.0) needs more language and suggestions on housing policy and land use reform.

1. Bold steps toward universal building electrification (currently supported in CAP 2.0). We are excited by the bold plans concerning electrification of buildings in Cupertino.

5. I note that CAP 2.0 discusses fuel cells used by Apple. I understand that this issue alone may derail our CAP. How are we planning to ensure Apple does the right thing? It is critical that our major company support the CAP 2.0.

Until this feedback is incorporated into CAP 2.0, I do not believe the plan is ambitious enough for reducing transportation emissions in Cupertino.

Connie Cunningham
[email protected]
1119 Milky Way
Cupertino, California 95014
From: Sheng-Ming Egan
To: City Clerk
Subject: Please support Item 17 (Stevens Creek Corridor Study) + add more land use language to the CAP 2.0 Date: Tuesday, June 21, 2022 4:53:46 PM
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City Clerk Kirsten Squarcia,
I am a lifelong community member in Cupertino who would like City leadership to be as ambitious as possible on tackling climate change. In particular, I strongly believe The Climate Action Plan 2.0 (CAP 2.0) needs more language and suggestions on housing policy and land use reform. Currently, the land use chapter (Chapter 9) has almost no land use suggestions, despite it being called the land use chapter. Additionally, I strongly believe Cupertino should join San Jose and Santa Clara in the Stevens Creek Corridor Study (Item 17).

1. Bold steps toward universal building electrification (currently supported in CAP 2.0). We are excited by the bold plans concerning electrification of buildings in Cupertino.

Until this feedback is incorporated into CAP 2.0, I do not believe the plan is ambitious enough for reducing transportation emissions in Cupertino. We need to think about not just the logistics of transportation, but how we zone and where we live and work - otherwise it's just bandaids on a land use problem. Thank you for your work.

Sheng-Ming Egan
[email protected]
11735 RIdge Creek Ct.

Cupertino, California 95014
CC 06-21-2022
Item No. 19
Accounts Payable for
period ending
December 20, 2021
Written
Communications
From: Kirsten Squarcia
To: Kitty Moore
Cc: City Clerk
Subject: RE: Agenda Item 19 Written Communications
Date: Tuesday, June 21, 2022 2:52:20 PM
Attachments: Pages from Written Communications (Updated 05-04-2022).pdf Cupertino Chamber Announces Endorsements for City Council - Cupertino Chamber of Commerce.pdf Business Licenses PR22041.pdf
Business Licenses PR22041.xlsx
Cupertino Chamber of Commerce Directory.pdf
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Good afternoon Kitty,
Your e-mail will be included in the written communications for the June 21, 2022 City Council Meeting, Agenda Item 19.

Regards, Kirsten
Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
From: Kitty Moore <[email protected]>
Sent: Tuesday, June 21, 2022 2:27 PM
To: Kirsten Squarcia <[email protected]>
Subject: Agenda Item 19 Written Communications
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Hi Kirsten,
Please add the attached files as written communications for item 19 for today's CC meeting.

The attached Cupertino Chamber of Commerce Directory shows 170 Organizations and 5 Individuals, while the Public Records Request of Business Licenses for the City of Cupertino lists over 2,400 licensed businesses.

Thank you,
Kitty Moore
From: Rhoda Fry
To: City Clerk; City Council; Cupertino City Manager"s Office Subject: Cupertino City Council 6/21/2022 #19 City of Cupertino Payments to Chamber of Commerce Date: Tuesday, June 21, 2022 3:05:16 PM
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From: Rhoda Fry
RE: Cupertino City Council 6/21/2022
Agenda: #19 City of Cupertino Payments to Chamber of Commerce Dear City Council:

Although the Cupertino Chamber of Commerce does many good things, I do not believe that our tax dollars should be subsidizing it in a big way.

The Cupertino Chamber of Commerce is a membership organization that promotes approximately 170 members, most of which are businesses. Chamber members receive a number of promotional benefits such as exclusive referrals; advocacy and access to local; county, state, and federal officials; use of meeting facilities; inclusion in the Cupertino Community Guide; listing on the Chamber’s website; networking and resource access; and member discounts. So if someone calls the Chamber looking for a jeweler, they won’t be referred to Cupertino’s Shane Company nor Golden Gems, because neither is a Chamber member. They might be referred to Chamber members outside of Cupertino such as Divine N Dazzling in Milpitas or P J Jewelry in San Jose or Sarini's Creations in Saratoga. Likewise, the only airline referral would be United Airlines, again, outside of Cupertino.

The Chamber of Commerce is a special type of organization that does not pay taxes, it is called a 501c6. 501c6 organizations are formed to serve their members. By comparison, 501c3 organizations must serve the public. Both are non-profit organizations and neither pays taxes.

The Chamber of Commerce has endorsed candidates for City Council and has had a Chamber Political Action Committee (PAC). As compared with a 501c3, under the Internal Revenue Code, all section 501c3 organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.

The Chamber runs several events such as Cupertino Education Fair, Cupertino Food & Wine Stroll, Holi Cupertino festival of colors, Night Market Cupertino, and Bay Area Diwali Festival of Lights.

These events benefit the community, raise funds for the Chamber and are subsidized by the City of Cupertino. The City of Cupertino’s objectives are not always aligned with those of the Chamber.

To what extent should our tax dollars subsidize the Cupertino Chamber of Commerce for Meeting Space, “I Love Cupertino” website, and
Festivals? From January 2015 to March 2022, the City has paid the Chamber over $218K.

Meeting Space: The Chamber has not paid for meeting space. Other organizations are required to pay for meeting space. The Chamber should pay for meeting space. The remaining question is whether the Chamber should pay the non-profit rate or the Cupertino business rate. The City Council should determine whether it should treat 501c3 organizations (conventional non-profits) differently from 501c6 organizations (membership and potentially lobbying organization “non-profits,” such as the Chamber of Commerce).
“I Love Cupertino” website: Our Cupertino tax dollars have paid $65K for the https://ilovecupertino.com/ website over a two year period. This website is a shell of a website that promotes Chamber member businesses. If I were to hire a high-school intern to build a website promoting Cupertino, I would not give them a positive referral. Incidentally, the I Love Cupertino trademark was obtained by Cupertino City Council candidate J. R. Fruen. The creation and funding of this website was never approved by our City Council. More importantly, the promised content of, “an exceptional visitor experience . . . service content creation and updates . . . program promotions . . . content creation and scheduling – proximity to innovation, destination for dreamers and innovators, open space, family, award-winning public-school systems” etc… was not fulfilled.

Cupertino taxpayers need to get their money back. Website deficiencies include:
·The Community Calendar is predominantly a copy of the Chamber website calendar, neither of which lists the Cherry Blossom Festival. This well-attended festival is not a Chamber event. Same for the Rotary Club’s Fall Festival. (It appears that a few concerts have been added recently.) https://ilovecupertino.com/communitycalendar/#cid=233&wid=3001 The website cautions, “This web site, including the Calendar, is updated by many organizations and volunteers as a community service. While we hope this Calendar and associated Widgets are useful, comprehensive, up to date, and accurate, we do not accept any liabilities that may occur through errors in postings, omissions and inclusions. Meetings listed here are provided as a courtesy and information was deemed accurate and appropriate at the time of posting. Meeting times and dates are subject to change, so it is advised that interested individuals also contact any contributing organization directly to confirm postings of interest.” Given the fees paid for this website by Cupertino taxpayers, it is troubling that the calendar was not professionally vetted. Although the contract for this website began in FY 2017-18, no events are listed prior to November 2021. ·
The business directory https://ilovecupertino.com/businesses/#/cid/233/id/3201 appears import the Chamber directory. The restaurant directory appears to be broader, but highlights Chamber members.
·While interacting with the website, an annoying popup encourages the purchase of a #shopCupertino gift card, that is redeemable at only 11 businesses https://app.yiftee.com/gift-card/cupertino Want to Shop Cupertino? All you get is an offer to purchase the very limited gift card: https://ilovecupertino.com/shop-cupertino/ · The website lists only 4 parks within our City https://ilovecupertino.com/parks/, Memorial, Monta Vista, Blackberry Farm, and Calli Mill Plaza. When navigating to the Cupertino City Park Finder Link, http://gis.cupertino.org/parkfinder/, we find an Internal Server Error page. · When taking a look at Dining opportunities, https://ilovecupertino.com/places-toeat/#/cid/233/id/3501, we are taken to a page with the misspelt, DINNING. Looking for coffee? Sorry, you won’t find Philz, they’re not a member of the Chamber of Commerce. ·Looking for Points of Interest? You can go to the Euphray Museum of Art (rather than Euphrat). https://ilovecupertino.com/points-of-interest/ Local wineries? This link will take you to Bay Area wineries that belong to a Santa Cruz Mountains winery organization, a few of which are in Cupertino. Our landmark library is absent.

Festivals:

As mentioned earlier, the Chamber of Commerce uses the festivals as a fundraiser. While it might make sense for the City to waive some fees as these festivals benefit the community, I do not believe that they should be subsidized. City Council should examine subsidies of all organizations.

Final Comments

1. We the taxpayers need to get our $65K back for the ilovecupertino website. This website clearly did not meet the mutually-agreed-upon contract.

2. The City needs to charge the Chamber for meeting room space either at the Cupertino business rate or at the non-profit rate and act equitably across all organizations. Furthermore, the content of the Legislative Action Committee (LAC) meetings held for free in our City facilities are not necessarily in alignment with Cupertino’s voting majority.

3. The City should look at its subsidies across multiple organizations.

4. The City is subsidizing the political campaigns of prospective Cupertino councilmembers. This is not okay. Note that not all Chamber of Commerces endorse political candidates or have PACS.

5. The City is also subsidizing businesses that do not serve the best interests of Cupertino residents:
for example Chamber staff frequently testified at City and County meetings in support of the Lehigh cement plant and quarry, which has been one of California’s biggest polluters and, as confirmed by a County study, an egregious violator of multiple regulatory agencies. And through the Chamber’s ilovecupertino website, the City is subsidizing advertising for a select few Chamber of Commerce businesses rather than all businesses within our City. This is not okay.

6. More and more Cities across our nation have terminated subsidizing local Chambers of Commerce because the Chambers only benefit a handful of member businesses and it is inappropriate for the City Council to fund prospective councilmember political campaigns.

7. The City’s gargantuan subsidy of the Chamber of Commerce is cringe-worthy and must be evaluated.

From: Peggy Griffin
To: City Council
Cc: City Clerk; Jim Throop
Subject: 2022-06-21 CC Mtg Agenda Item #19 Chamber
Date: Tuesday, June 21, 2022 3:35:56 PM
Attachments: iLoveCupertino website screenshots.pdf
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Dear City Council,
As a tax payer I am appalled that my money is going toward paying for the creation and “maintenance” of an overpriced, horribly not maintained website! The “I Love Cupertino” website has:

Poor grammer
Misspellings
Bad links
Chamber-only information
West-side-only list of parks
Links to unknown organizations
AND to top it off it claims to be maintained by “VOLUNTEERS AS A COMMUNITY SERVICE” (see the last item in the attached PDF)! If this is the case then what are we paying for??? As a consumer, I’d ask for my money back! Stop wasting our money. This site is NOT helpful or would be useful to any person visiting Cupertino. It’s for the Chamber-only.

Sincerely,
Peggy Griffin
From: Rick Kitson
To: City Clerk
Subject: Re Item #19, please Read Aloud the attached letter Date: Tuesday, June 21, 2022 8:43:37 PM
Attachments: Item 19 20220621 Letter to City Council.pdf CCHC New logo Signatures-02.png
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Madame City Clerk,
Thank you for reading aloud the attached letter during the public hearing for item #19, for June 21, 2022.

Thanks in advance for your assistance.

Rick Kitson • Executive Director
O. 408-252-7054 x12
C. 408-355-4413
[email protected]
www.cupertino-chamber.org
#cupchamber
CC 06-21-2022
Item No. 20
Council
Subcommittee_
Cupertino
Historical
Society Update
Written
Communication
From: Rhoda Fry
To: City Clerk; City Council; Cupertino City Manager"s Office Subject: Cupertino City Council 6/21/2022 #20 Cupertino Historical Society Date: Tuesday, June 21, 2022 4:11:19 PM
Attachments: Historic Snyder Hammond House Lehigh Cupertino Historical Society with A....pdf snyder hammond also.pdf
G – Historical Society Grant Application FY 2021-22 (1).pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council,
Pertaining to #20 Cupertino Historical Society, I am writing you about the Snyder Hammond home, the oldest home in Cupertino that has fallen into disrepair because the Cupertino Historical Society has failed to abide by our City’s General Plan. You will find from the attached minutes of the March 12, 2012 City Council meeting that the Historical Society considered the home to be important – so important that it asked the City to move the home to McClellan Ranch. Actually, there are a number of reasons why it is important to be where it is. It needs to remain in place and it needs to be repaired.

Long story short:

1. The home is historically important and the Historical Society purchased it for $1.

2.The Historical Society had Lehigh personnel on its board.

3.The house is very close to Lehigh. Lehigh had a choice – it could either install modern pollution controls or make sure that the house was empty. At the time the house was emptied of its caretaker’s family, the youngest child was about 10 years old.

4.The Historical Society leased the home to Lehigh for about $100K. The lease was signed by a member of the Historical Society who was simultaneously employed by Lehigh (conflict of interest? Using non-profit to benefit for-profit company?)

5.The home fell into disrepair and needs to be repaired.

Attachments:

1.History of the house and lease agreement with Lehigh

2.March 12, 2012 City Council minutes – Historical Society says that home is important (they’ve since changed their tune, why?)

3.Historical Society Grant Application 2021-22 asks for money for the house even though it is getting rent from Lehigh

4.There is another document that I cannot find now that said that the rent was used to fund other programs. It is wrong to have allowed our City’s oldest home to fall into disrepair.

Through all these years of ownership, there hasn’t even been a plaque installed on-site. You’ll find the fascinating history of the house and its occupants attached. And oh, by the way, Dr. Hammond was Santa Clara County’s physician, the Sara Cody of his day. He’d be turning over in his grave if he learned that his home was vacated so that its neighbor could make his home uninhabitable and pollute the general area.

Sincerely,
Rhoda Fry
From: Jean Bedord
To: City Clerk
Subject: City council Item #20 Historical Society for June 21, 2022 Date: Tuesday, June 21, 2022 4:51:47 PM
Attachments: Bedord Council - 2022-06-22 Historical .pptx CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Kristen,
Can you put this on the screen for public comment tonight when I speak? Can you make it full-screen when I talk? There are 3 pages.

Thanks much.

Warm regards,
Jean Bedord

Cupertino City CouncilJune 21, 2022

Cupertino City Council
June 21, 2022