10-18-2022 Searchable Packet.pdf — Cupertino City Council, October 18, 2022 (part 7 of 9)

First Amendment
Professional Turf Management Contract, Blackberry Farm Golf Course 1291

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.

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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
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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.

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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:

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

11. BONDS:

Not applicable.

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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.

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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
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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.

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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 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
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performed under this Agreement tmless prior written approval has been secured frorn City to do otherwise.
23, WAIVER:

A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any 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.

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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
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EXI-11BIT A

SCOPE OF WORK

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

1. PUTTING GREENS

1. 01 SCOPE: Greens shall be maintained disease and weed free. Complete renovation of any green is not included in this 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 ofthe 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 ofthe 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 AERIFICATION/ 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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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 of tee( 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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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: 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.

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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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 S IA7eep 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
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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): 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 oftrap, 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.

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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 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 iftowel 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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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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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
200, OJ
TOTAL BASE BID V11
Total Bid: N t M 9 VJ_S ' Itit IP2X1
words)

SCHEDULE OF ALTERNATES

ALTERNATES
ITEM
SPEC

DESCRIPTION UNIT
EST UNIT TOTAL I REF QTY. PRICE Qty x Unit Price)
BID ALTERNATE 1: Provide Maintenance at Blackberry Farm Golf Course, Jul 2016- June 2017
Technical
Provide maintenance, each month, July IQ
3 Provisions
2016- June 2017
month 12
00800 2-oq oo(D
4 Technical
Soil Sample Collection and Testing EA 12
Provisions 00
BID ALTERNATE 1, TOTAL, ITEMS 3+ 4 z o,5, zoo,-
BID ALTERNATE 2: Provide Maintenance at.Blackberry Farm Golf Course, July 2017- June 2018
Technical
Provide maintenance, each month, July 5 Provisions
2017- June 2018
month 12 %&
00800 11000 2-DI4, Dou
Technical
6 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 1309
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 of the corporation. If Bidder 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- L oq qE- 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 1310
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 1311
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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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
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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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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:

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 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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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.

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:

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.

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 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.

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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--( v 3-( 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. 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. 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 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 iftowel 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. 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 ofthe course that do not receive adequate water from the irrigation system.

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

15. 05 WATER CONSERVATION: Irrigation controllers shall be programmed to maintain course appearance and health of vegetation while maximizing water conservation.

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15. 06 WIND PROBLEMS: In 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.

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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 ofthis 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.

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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)
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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
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CITY OF

CUPERTINO
I.[ a

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--
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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< d rIC * Employer' s
At, l c. G/) 111o, OV a vs S. Liability
name of insurer)
6lao No
Insurance Company' s State License No. Ay5 3 81
Check Policy Type: Each Occurrence_.____.___.$

COMPREHENSIVE GENERAL
Premises/ Operations General Aggregate e0o, 6160
if applicable)
Owners & Contractors
Protective Aggregate
Contractual for Specific
Contract Personal Injury 11. 000_1__e) L70
Products Liability
XCU Hazards
Broad Form I'_D, Hire Damage ( any one tire) $ .( 0, 00C Severability ofInterest
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
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p. 2

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 ofthe 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 ,,
JJ Agent/ 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
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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: fy^ 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, California alifornia 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
y
Agent/ 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
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COMMERCIAL GENERAL LIABILITY
CG 20 33 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWN.ERS, LESSEES OR

CONTRACTORS - AUTOMATIC STATUS WHEN

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

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section 11 - Who Is An Insured Is amended to B. With respect to the insurance afforded to these 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 re- rence" 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.

CG 20 33 04 13 Copyright, Insurance Services Office, Inc., 2012 Page I of 2 TNSURED 1337

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

1338
0 DATE( MIND D/ YYYY)
CERTIFICATE OF LIABILITY INSURANCE 12/ 18/ 201. 5
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, 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 Rep zo Underwriters Insurance Company Professional Turd Management, Inc. INSURER B: 24538 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:

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

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

INSR ADDL SUER POUCY EFF P L C EXP
LrR TYPE OF INSURANCE INSR 1'! VD POLICY NUMBER A4PA/ DD IAP.'I/ DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000
x COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100, 000 CLAIMS- MADE I "- 1 OCCUR MED EXP( Any one person) $ 5, 000 A
y
CPS2189797 04/ 01/ 2015 04/ 01/ 2016 PERSONAL& ADVINJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2, 000, 000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COIAP/ OP AGG $ 2, 000, 000 1 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/NTORYLIPAITSI ER g ANY OFF1C P,iE+
IFTO ABERPARNEReLUDED ECUTM —
NIA
E.L. EACH ACCIDENT- $ 1, 000, 000
6londato7inNN) ATW 004386- 01. 04/ 01/ 15 04/ 01/ 16 E DISEASE- EAEMPLOYE $ 1, 000, 000 beuMer DE$ CRIPTION OF OPERATIONS bettry E. L. 1 00
Commercial Inland Contractors Equip.

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

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

CERTIFICATE HOLDER CANCELLATION

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

Cupertino, CA 95014
J
AUTHORIZED EPRESENTATIVE A 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
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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

CAMPBELL,
120
JOE
W

FRANGIEH

CAMPBELL
CA 96008
AVE STE A ADMDRESS:

PRODUCER
ON .

CUSTOMER
a Et: x40793-
ID9:
alana.

INSURER(
rivera.
8303
fhvp@statefarrn.

S) AFFORDING COVERAGE
Corn
793-8
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
LINtITSrOEDUC7IBLE LTR PAYEE TYPE OF INSURANCE POLICY NUMBER DATE( 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

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

ACORD 23 201010E The ACORD name and logo are registered marks of ACORD 1004361 142987.2 01- 28-2013
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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 1 RThe 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

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

AGGRO 23( 2010106) The ACORD name and logo are registered marks of ACORD 1004361 142987. 2 01- 28- 2013
i
1341
p. 4
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'' i lei--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 of Authorized 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
1342
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
1343

APPROVED MINUTES

CUPERTINO CITY COUNCIL
Tuesday, December 1, 2015

REGULAR CITY COUNCIL MEETING

PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Rod Sinks called the Regular City Council meeting to order in Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance.

ROLL CALL

Present: Mayor Rod Sinks, Vice Mayor Barry Chang and Council members Savita Vaidhyanathan, Darcy Paul and Gilbert Wong. Absent: None.

CEREMONIAL MATTERS AND PRESENTATION

1. Subject: Update from Teen Commission
Recommended Action: Receive update
Written communications for this item included a PowerPoint presentation.

Teen Commissioners Annabelle Chan and Anooj Vadodkar gave an update via a PowerPoint presentation.

Council received the update.

2. Subject: Update from Fine Arts Commission
Recommended Action: Receive update
Written communications for this item included a PowerPoint presentation.

Fine Arts Commissioner Mike Sanchez gave an update via a PowerPoint presentation.

Council received the update.

POSTPONEMENTS - None
Attachment L
1344
City Council Minutes December 1, 2015
2 ORAL COMMUNICATIONS
Assembly member Evan Low presented a Certificate of Recognition to outgoing Mayor Sinks.

Wendell Stephens on behalf of Cupertino Rotary talked about urging Council to set a study session regarding the potential lease of the Stocklmeir property.

Ro Khanna, lecturer of economics at Stanford University and Congressional candidate congratulated Sinks and Chang on their service to the community and offered support for Community Choice Energy.

Eric Schaefer talked about the poll he created on nextdoor.com regarding the Hills at Vallco project.

Manny Cappello, Vice Mayor of Saratoga talked about collaboration with the neighboring cities and looking forward to next year.

CONSENT CALENDAR
Wong moved and Vaidhyanathan seconded to approve the items on the Consent Calendar as presented. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None.

Absent: None.

3. Subject: Approve the November 17 City Council minutes Recommended Action: Approve the minutes

4. Subject: Accept Accounts Payable for the period ending October 23, 2015 Recommended Action: Adopt Resolution No. 15-105 accepting Accounts Payable for the period ending October 23, 2015

5. Subject: Accept Accounts Payable for the period ending October 30, 2015 Recommended Action: Adopt Resolution No. 15-106 accepting Accounts Payable for the period ending October 30, 2015

6. Subject: Accept Accounts Payable for the period ending November 6, 2015 Recommended Action: Adopt Resolution No. 15-107 accepting Accounts Payable for the period ending November 6, 2015
1345
City Council Minutes December 1, 2015
3 7. Subject: California State Law AB1717, Local Prepaid Mobile Telephony Services Collection Act effective January 1, 2016
Recommended Action: a.) Adopt Resolution No. 15-108 authorizing the City Manager to Execute the Agreement with the State Board of Equalization; and b.) Adopt Resolution No. 15-109 authorizing the Examination for the Prepaid Mobile Telephony Services Surcharge and Local Charge Records

8. Subject: Letter to President Obama expressing support for the Clean Power Plan and transitioning U.S. energy consumption to 100% renewable by 2050 Recommended Action: Authorize the Mayor to sign a letter to President Obama in support of the Clean Power Plan and transitioning the nation’s energy consumption to be 100% renewable by 2050

9. Subject: Participate in the Compact of Mayors by sending a letter of commitment to the Compact of Mayors Secretariat.

Recommended Action: Authorize the Mayor to sign the letter of commitment to the Compact of Mayors, joining coalitions of mayors and city officials worldwide committing to reduce local greenhouse gas emissions and enhance resilience to climate change.

10. Subject: Participation in the Institute for Local Government’s Beacon Award: Local Leadership toward Solving Climate Change Recognition Program Recommended Action: Adopt Resolution 15-110 supporting the City’s participation in the Institute for Local Government’s Beacon Award: Local Leadership toward Solving Climate Change Recognition Program.

11. Subject: Declare weeds a nuisance and set hearing date of January 19 for objections to proposed removal
Recommended Action: Adopt Resolution No. 15-112 declaring weeds a nuisance and setting hearing date of January 19 for objections to proposed removal

12. Subject: Blackberry Farm Golf Course Maintenance Agreement, Contract Award Recommended Action: Authorize the City Manager to award, negotiate and execute a contract with Professional Turf Management of San Jose, California in the amount of $99,600, as selected through a Request for Qualification process, and further authorize the City Manager to execute annual extensions to the contract for up to five years based upon the pricing in the bid documents, subject to appropriation 1346
City Council Minutes December 1, 2015
4 13. Subject: Application for Alcoholic Beverage License for Yayoi, 20682 & 20684 Homestead Road
Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Yayoi, 20682 & 20684 Homestead Road

14. Subject: Application for Alcoholic Beverage License for Pieology Pizzeria, 19409 Stevens Creek Boulevard, Suite 140
Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Pieology Pizzeria, 19409 Stevens Creek Boulevard, Suite 140

15. Subject: Application for Alcoholic Beverage License for Tofu Plus, 10971 North Wolfe Road
Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Tofu Plus, 10971 North Wolfe Road

16. Subject: Application for Alcoholic Beverage License for Starbucks #5217, 20520 Stevens Creek Boulevard
Recommended Action: Recommend approval of the Alcoholic Beverage Control License to the California Department of Alcoholic Beverage Control for Starbucks #5217, 20520 Stevens Creek Boulevard

17. Subject: Application for Alcoholic Beverage License for Yoshida Restaurant, 10700 South De Anza Boulevard
Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Yoshida Restaurant, 10700 South De Anza Boulevard

SECOND READING OF ORDINANCES

18. Subject: Second reading of an Ordinance amending Section 2.04.010 of the Cupertino Municipal Code regarding regular City Council meetings that fall on any Election Tuesday in a regular Cupertino election year
Recommended Action: Conduct the second reading and enact Ordinance No. 15-2137:
"An Ordinance of the City Council of the City of Cupertino amending Section 2.04.010 of Chapter 2.04 of Title 2 of the Cupertino Municipal Code regarding regular City 1347
City Council Minutes December 1, 2015
5 Council meetings that fall on any Election Tuesday in a regular Cupertino election year"
City Clerk Grace Schmidt read the title of the ordinance.

Wong moved and Chang seconded to read Ordinance No. 15-2137 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None.

Wong moved and Chang seconded to enact Ordinance No. 15-2137. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None.

PUBLIC HEARINGS - None

ORDINANCES AND ACTION ITEMS

19. Subject: Approve actions related to the formation of, and Cupertino’s membership in, the Silicon Valley Clean Energy Authority, an independent joint powers authority, which will provide a Community Choice Aggregation Program to offer clean energy alternatives for Cupertino residents and businesses; and related CEQA action Recommended Action: 1. Accept the Silicon Valley Community Choice Energy Technical Study Draft Report, and find that the proposed actions are exempt from CEQA; and 2. Conduct the first reading of the Ordinance No. 15-2138: “An Ordinance of the City Council of the City of Cupertino Authorizing the Implementation of a Community Choice Aggregation Program” to create and participate in the Silicon Valley Clean Energy Authority; and 3. Adopt Resolution No. 15-111 of the City Council of the City of Cupertino Approving the Joint Powers Agreement Establishing the Silicon Valley Clean Energy Authority; and 4. Authorize the City Manager to remit up to $450,000, as previously budgeted, to the Silicon Valley Clean Energy Authority to support the initial costs of the Authority; and 5. Approve an increase to the Fiscal Year 2015-16 Sustainability Division Special Project Budget of $100,000 for project contingency as outlined in the JPA; and 6. Direct staff to return to Council with an update and potential action regarding bridge financing for the Authority; and 7. Direct staff to return to Council with a proposal to provide interim project and/or staffing support to the Authority via a separate services agreement; and 8. Direct staff to return to Council for appointment of a regular Director and alternate Director to the Authority’s Board of Directors
1348
City Council Minutes December 1, 2015
6 Written communications for this item included emails to Council, copy of Appendix A from Attachment A, and a staff PowerPoint presentation.

Assistant to the City Manager Erin Cooke reviewed the staff report via a PowerPoint presentation.

Staff and Kirby Dusel of Pacific Energy Advisors answered questions from Council.

The following individuals spoke in support of this item:

Tim Brand
John Scarboro on behalf of Carbon Free Mountain View
Jan Butts on behalf of the Sierra Club
Bruce Karney, Board President Carbon Free Mountain View Mike Balma on behalf of Carbon Free Mountain View
Rose Friedland
John Bartas
Richard Adler
Rhoda Fry
Paula Wallis
Gary Latshaw on behalf of Sierra Club
Wong moved and Chang seconded to accept the Silicon Valley Community Choice Energy Technical Study Draft Report and find that the proposed actions are exempt from CEQA; adopt Resolution No. 15-111 approving the Joint Powers Agreement (JPA) establishing the Silicon Valley Clean Energy Authority; authorize the City Manager to remit up to $450,000, as previously budgeted, to the Silicon Valley Clean Energy Authority to support the initial costs of the Authority; approve an increase to the Fiscal Year 2015-16 Sustainability Division Special Project Budget of $100,000 for project contingency as outlined in the JPA; direct staff to return to Council with an update and potential action regarding bridge financing for the Authority; direct staff to return to Council with a proposal to provide interim project and/or staffing support to the Authority via a separate services agreement; direct staff to return to Council for appointment of a regular Director and alternate Director to the Authority’s Board of Directors. The motion carried unanimously.

City Clerk Grace Schmidt read the title of the ordinance. 1349
City Council Minutes December 1, 2015
7 Wong moved and Paul seconded to read Ordinance No. 15-2138 by title only and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None.

REPORTS BY COUNCIL AND STAFF
Council members highlighted the activities of their committees and various community events.

ELECTION OF MAYOR AND VICE MAYOR

20. Subject: Council members elect Mayor
Recommended Action: Make nominations and elect Mayor
Vaidhyanathan moved and Wong seconded to nominate Barry Chang as Mayor. The motion carried unanimously.

21. Subject: Council members elect Vice Mayor
Recommended Action: Make nominations and elect Vice Mayor Chang moved and Paul seconded to nominate Savita Vaidhyanathan as Vice Mayor.

The motion carried unanimously.

OATH OF OFFICE

22. Subject: Mayor takes Oath of Office
Recommended Action: Mayor takes Oath of Office
District Attorney Jeff Rosen gave the Oath of Office to Mayor Barry Chang.

23. Subject: Vice Mayor takes Oath of Office
Recommended Action: Vice Mayor takes Oath of Office
District Attorney Jeff Rosen gave the Oath of Office to Vice Mayor Savita Vaidhyanathan.

COMMENTS BY NEW MAYOR

24. Subject: Comments by new Mayor and presentation of gifts 1350
City Council Minutes December 1, 2015
8 Recommended Action: Comments by new Mayor and presentation of gifts New Mayor Barry Chang presented a gavel plaque to outgoing Mayor Rod Sinks.

City Manager David Brandt noted that a gift on behalf of staff would be given to outgoing Mayor Rod Sinks.

New Mayor Barry Chang made comments.

COMMENTS BY COUNCIL MEMBERS AND PUBLIC

25. Subject: Comments by Council members
Recommended Action: Comments by Council members
Council members made comments.

26. Subject: Members of the audience are invited to speak Recommended Action: Members of the audience are invited to speak Members of the audience made comments.

RECEPTION

27. Subject: The public is invited to attend a reception in the lobby Recommended Action: The public is invited to attend a reception in the lobby Mayor Chang invited the public to attend a reception in the lobby.

ADJOURNMENT
At 9:42 p.m., Mayor Chang adjourned the meeting to Tuesday, January 19. Note:

December 15 and January 5 Council meetings have been cancelled. /s/Grace Schmidt_______________________________
Grace Schmidt, City Clerk
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City Council Minutes December 1, 2015
9 Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet.

Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 1352
Attachment M
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Heather M. Minner
City Manager
Apr 29, 2021
Apr 29, 2021
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Revised: July 13, 2020 – Public Works Contracts
1 Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS A. Health Laws Acknowledged. It is acknowledged that Consultant’ s/ Contractor’ s Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/ Agreement Contract”), includes immediate compliance by Contractor and its subcontractors with the restrictions on travel and the Social Distancing Requirements set forth in the most recent health order issued by the County of Santa Clara Health Department in response to the COVID- 19 pandemic, and any subsequent amendments or superseding orders thereto (the “Health Order”), and any other local, state, or federal laws that have been or may be enacted in response to the COVID- 19 pandemic ( collectively, “ Health Laws”).

B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social distancing requirements in the Health Order when preforming work under this Contract. If a scope of work item, notice to proceed, or work order under this Contract specifies work that cannot be performed in compliance with the Health Order or other Health Laws, Contractor shall refrain from conducting the work and immediately inform the City.

C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to require any person at high risk of severe illness from COVID- 19 to leave their residence to perform work under the Contract. Contractor will inform the City if other arrangements for the work must be made, and City will do so, with no penalty to Contractor, although Contractor will not be compensated for work performed by the City or third parties. Information from the Center for Disease Control (" CDC") on "high risk" categories is available at the CDC' s website at:
https:// www.cdc.gov/ coronavirus/ 2019-ncov/ specific-groups/ people-at-higher-risk.html.

D. Health Order Requirements and Best Practices. Contractor will immediately undertake all appropriate measures to ensure compliance with the Social Distancing Requirements in the Health Order by all individuals on any project site or work area performing work under this Contract, including Contractor' s or any subcontractor' s workers, employees, representatives, vendors, or suppliers (collectively, " workers"), and shall maintain these measures for as long as required by the Health Order or other Health Laws. In particular, Contractor must comply with the provisions of the County’ s Mandatory Directive for Construction Projects (attached hereto), as applicable.

Further, as long as required by the operative Health Order or Mandatory Directive for Construction Projects, or other Health Laws, these measures shall include, but are not limited to, the following best practices:

1. Information. Inform all workers of the Social Distancing Requirements and these best practices, including any updates or modifications, and require compliance as a condition to being present on the project site or work area.
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2 2. Social Distancing Protocol. Fill out and submit the newest version of the Social Distancing Protocol to the County, using the County’ s online form available at https:// www.sccgov.org/ sites/ covid19/ Pages/ social-distancing-protocol.aspx.

3. Sick Workers. Prohibit any individuals who have been tentatively or conclusively diagnosed with COVID-19 or who have any symptoms of illness, including the following, from entering or remaining on the project site or work area: fever, cough, shortness of breath, sore throat, body aches, chills, sudden loss of smell or taste or other flu-like symptoms. Encourage sick workers to get immediate medical attention.

4. Signage/ Posters. As required, post or distribute ( 1) the most updated version of the COVID- 19 PREPARED Sign, and (2) a Social Distancing Protocol Visitor Information Sheet.

5. Face Coverings. Everyone at a job site must wear a face covering at all time, except children under the age of 2, people who are medically prevented from wearing a face covering, and for communication by or with people who are hearing impaired.

6. Sanitary Facilities. Ensure adequate handwashing and/ or hand-sanitizing facilities are available at all times and encourage frequent handwashing and/ or hand-sanitizing throughout the day as specified below. Portable sanitary facilities must be serviced and cleaned on a daily basis. Provide hand sanitizer in or around all toilet facilities and common areas, including project trailers.
a. Handwashing. Wash hands using soap and water for at least 20 seconds. b. Hand- sanitizer. Use a hand sanitizer that contains at least 60-95% alcohol when handwashing is not immediately available.
c. Paper Products. Ensure that toilet paper, tissues, and paper towels are available as appropriate, with designated receptacles for disposal.

7. Distancing. Prohibit workers from being less than six feet apart, unless and only to the extent that would compromise worker safety or violate safety Laws for specific operations. Prohibit handshaking or any physical contact among workers, with the sole and limited exception of any physical contact required for worker safety or to comply with safety Laws. Avoid sharing tools to the extent possible. Require workers to provide their own transportation where possible and to avoid having more than two workers in a vehicle.

8. Groups/ Meetings/ Site Access. Avoid any group gatherings of 10 or more people. Use electronic alternatives to in person meetings, e.g., conference calls, video-conferencing, etc., to the greatest extent possible. Limit access to the project site or any work area to workers who are necessary to perform the work at that time. Allow non-essential 1357
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3 personnel to work from home to the extent possible. Avoid all non-essential travel. Do not stack trades if possible.

9. Frequent Cleaning. Provide for regular and appropriate cleaning of all high touch surfaces at a project site or work area, including, but not limited to, shared tools or equipment, doorknobs and handles, toolboxes, sanitary facilities, common break areas, keypads, touch screens, project trailer surfaces and equipment, light or power switches, workstations, countertops, break areas, and the like. Clean and/ or disinfect any reusable items or equipment. Clean surfaces of shared vehicles, including steering wheels, gear shifts, handles, instrument panels, etc. Ensure that cleaning products are used correctly and safely, and avoid cleaning techniques, such as use of pressurized air or water sprays, that may generate bioaerosols.

10. Personal Protective Equipment. When workers cannot avoid close proximity or physical contact, e.g., based on applicable safety laws, or are otherwise at risk for exposure to COVID- 19, ensure that the affected workers are provided with appropriate personal protective equipment (" PPE"), which may include disposable gloves and/ or other PPE. Instruct workers to wash or sanitize hands after removing gloves or other PPE. Ensure that all personal protective equipment is disposed of properly.

11. Water and Food. Prohibit shared or communal food or common water coolers.

Provide individual water bottles for workers or instruct workers to bring their own.

12. Enforcement. Immediately eject any worker who fails or refuses to comply with the Health Laws, Social Distancing Requirements, or these best practices from the project site until or unless the Project Manager issues a written authorization for the worker to return, subject to full compliance.

F. Proof of Compliance. If Contractor is subject to the Mandatory Directive for Construction Projects, Contractor must provide to the City the name and contact information for its designated site-specific COVID- 19 supervisor( s).

E. Oversight. In other to ensure that all workers comply with the Social Distancing Requirements to the extent possible, Contractor shall designate a named individual to have primary responsibility for implementation and enforcement of the Social Distancing Requirements and these best practices, and to serve as the primary point of contact with the City in this regard. Contractor shall promptly inform the City of the name of this individual.

F. Changed Requirements. It is understood and acknowledged that circumstances pertaining to the COVID- 19 pandemic are evolving rapidly and that new local, state, or federal requirements may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with the City to implement new or changed requirements as quickly as possible. 1358
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4 G. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require any agents, subcontractors, or subconsultants to comply with its provisions.

Attachments to Exhibit A-A
Santa Clara County Mandatory Directive for Construction Projects 1228578. 5
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County of Santa Clara
Public Health Department
Health Officer
976 Lenzen Avenue, 2nd Floor
San José, CA 95126
408.792.5040
Mandatory Directive for Construction Projects ( Order issued July 2, 2020) Page 1 of 12 Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith

MANDATORY DIRECTIVE FOR CONSTRUCTION PROJECTS
Please confirm that your facility and/or construction project jobsite may open under the State Order. Where there is a difference between the local County Order and the State Order, the more restrictive order must be followed. The State also has specific guidance for certain facilities that must be followed in addition to this mandatory directive.* Issued: July 7, 2020
Information on the State’ s Order and State guidance is available at covid19. ca.gov.

While the construction industry is critical to ensuring a safe and sufficient supply of residential and commercial space, construction work can also pose significant risks to public health due to the COVID- 19 pandemic. Because construction projects typically involve many workers actively working on a jobsite at the same time, often in close proximity to one another or sharing equipment, businesses and individuals performing and overseeing construction projects must take extra precautions to reduce the risk of COVID- 19 transmission for workers, visitors, and others. This Directive applies to all construction projects, but the restrictions vary by the size of the project, as specified below.

Construction project” means any work (including a public works project) carried out in connection with the construction, alteration, conversion, fitting-out, remodel, renovation, refurbishment, demolition, decommissioning, or dismantling of a building or other structure; the preparation of a physical site for any such activity; and education or training at which any such activity is taught through onsite practice or experience. “ Construction project” does not include architectural, design, financial, or administrative work related to a construction project, unless that work occurs at the construction jobsite. “ Construction project” also does not include basic repair or maintenance work, which means a repair or maintenance job that requires no more than 2 workers and no more than 2 days and that is not architecturally, financially, or administratively associated with an active construction project.

This Directive explains how construction projects may operate. This Directive is mandatory, and failure to follow it is a violation of the Health Officer’ s Order issued on July 2, 2020 (“ Order”).

Construction projects must comply with the Order and all requirements of this Directive. 1361
Mandatory Directive for Construction Projects ( Order issued July 2, 2020) Page 2 of 12 The Order Issued July 2
The Order imposes several restrictions on all businesses and activities to ensure that the County stays as safe as possible, including but not limited to the following:

The Social Distancing Protocol: All businesses must fill out and submit the newest version of the Social Distancing Protocol to the County using the online form, available here. The Protocol is submitted under penalty of perjury, meaning that everything written on the form must be truthful and accurate to the best of the signer’ s knowledge, and submitting false information is a crime. The Protocol must be distributed to all workers, and it must be accessible to all officials who are enforcing the Order. Businesses are responsible for ensuring that workers understand and are trained on Protocol requirements in a language that they understand. For any business that only performs services for dispersed facilities or worksites that the business does not own or operate, the business must complete a Social Distancing Protocol for its operation as a whole.

For any business that has a facility, but also provides services at dispersed facilities or worksites that the business does not own or operate, the business must complete a Social Distancing Protocol for its own facility and provide that Protocol to the owners or operators of any facility where it operates.

Example: A construction company serves as a subcontractor on various jobsites throughout the County and also operates a base facility within the County, where it maintains its vehicles and equipment. The subcontractor must complete a Social Distancing Protocol for its base facility. It must also distribute the Protocol to the owners or operators of the jobsites to which it sends its workers. The subcontractor’ s workers must be given a copy of, be trained on, and comply with the measures in both the subcontractor’ s Social Distancing Protocol and the Social Distancing Protocol for any jobsite at which they are performing work.

Signage: All businesses must print (1) an updated COVID- 19 PREPARED Sign and ( 2) a Social Distancing Protocol Visitor Information Sheet, and both must be posted prominently at all facility entrances. These are available for printing after submission of the Social Distancing Protocol online.

Businesses do not need to post these documents if they do not have their own facility or worksite and only perform services for dispersed facilities or worksites that the business does not own or operate.

Face Coverings: Everyone at a business facility or worksite must wear a face covering at all times ( except very young children, people for whom face coverings are medically inadvisable, or for communication by or with people who are hearing impaired). Face coverings must be worn even while working at a construction project. Workers do not need to wear face covering if it would create a risk to the person related to their work, in accordance with local, state, or federal workplace safety guidelines. 1362
Mandatory Directive for Construction Projects ( Order issued July 2, 2020) Page 3 of 12 Density Limitation: All businesses must limit the number of people who may be inside the facility at the same time. For staff members, the limit is 1 person per 250 gross square feet of indoor facility space ( this means total space, including areas open only to staff like storage rooms). For members of the public, the limit is 1 person per 150 square feet of space open to the public. The density requirements tell businesses how many people ( staff or clients) they can let inside the facility before another person leaves.

Children under 12 who are accompanying a parent or guardian do not count against the limit, but everyone age 12 and over does. This Directive describes a limited exception to the density limitation applicable only to construction project jobsites.

See the Order and the FAQ page for more details.

In addition to these general requirements applicable to all businesses under the Order, construction projects must comply with the following directives.

Construction Projects on Own Residence Exempted
This Directive does not apply to construction projects where a person is performing construction on their current residence alone or solely with members of their own household.

Rules for Single- Worker Construction Projects
This section lists the requirements for construction projects performed by only 1 worker, such as someone who is working alone on a kitchen remodel project. This section for single- worker projects does not apply to construction projects that involve multiple workers, even if only 1 worker is at the jobsite at any time; those projects must follow the Rules For All Construction Projects, which are listed in the next section.
a. If the worker is working for a business, the worker must comply with the Social Distancing Protocol of that business.
b. The worker must maintain 6 feet of social distance from all other people at all times, including when entering and leaving the work area or building. c. The worker must use and properly wear face coverings. In addition, the worker must wear other personal protective equipment ( PPE) appropriate for use in construction, including gloves, goggles, and/or face shields. d. To the extent possible, the worker must seal off the work area so that there is a barrier between the worker and any other people in the building. For example, a worker performing construction in the hallway of a residence must install a barrier such as plastic sheeting) between the area where the worker is working and the rest of the hallway.
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Mandatory Directive for Construction Projects ( Order issued July 2, 2020) Page 4 of 12 e. The worker must frequently wash hands with soap and water for at least 20 seconds or use hand sanitizer with at least 60% alcohol. f. The worker must not work or come to the jobsite if the worker has a fever, cough, or any other COVID- 19 symptoms.
g. The worker must maintain records of the dates and times the worker was at the jobsite and must make those records immediately available upon request to any County official.
h. If the worker tests positive for COVID- 19, the worker must notify the County Public Health Department within 4 hours of learning of the positive result by following the instructions at www.sccsafeworkplace. org.

Rules for All Construction Projects (Except Single-Worker Construction Projects) This section lists requirements for all construction projects ( other than single- worker construction projects).

Note: Large Construction Projects must also follow additional requirements, which are described beginning on page 9.*

1. Responsibilities of the General Contractor and Subcontractors a. The business with the responsibility to oversee a construction project, described in this Directive as the “ General Contractor,” must complete and submit a Social Distancing Protocol specific to the construction project jobsite. ( The General Contractor may also need to submit social distancing protocols for its base facility or for other jobsites subject to this Directive.)
b. The General Contractor is responsible for ensuring that all work and operations at the construction jobsite is performed in compliance with the Order, this Directive, and the jobsite- specific Social Distancing Protocol.
c. The General Contractor must train its workers to comply with the Order, this Directive, and the jobsite- specific Social Distancing Protocol. d. Subcontractors do not need to submit their own jobsite- specific Social Distancing Protocols for the same site, but the General Contractor must not allow any subcontractor onto the jobsite unless that subcontractor has given the General Contractor a signed certification that:
i. the subcontractor has reviewed the Order and this Directive and will comply with them;
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Mandatory Directive for Construction Projects ( Order issued July 2, 2020) Page 5 of 12 ii. the subcontractor has reviewed the General Contractor’ s jobsite- specific Social Distancing Protocol and trained its workers on that Protocol; and iii. the subcontractor has completed and submitted its own Social Distancing Protocol covering its operations, and has provided a copy of that Protocol to the General Contractor.

2. General Contractors and Subcontractors Must Report COVID-19 Positive Cases a. Whenever the General Contractor learns that a person who has tested positive for COVID- 19 was at the jobsite within 48 hours of the date they were tested or within 48 hours of becoming symptomatic, the General Contractor must immediately implement the jobsite- specific Social Distancing Protocol’ s procedures for when a person tests positive for COVID- 19. All positive cases must be reported by following the instructions at www.sccsafeworkplace. org. b. All subcontractors must immediately ( within 1 hour, regardless of the time of day) alert the General Contractor as soon as they learn that an employee has tested positive who is currently at the jobsite, or who was at the jobsite within 48 hours of the date they were tested or within 48 hours of becoming symptomatic. This reporting requirement is in addition to the subcontractor’ s own reporting requirements under the Order and the procedures in the subcontractor’ s Social Distancing Protocol.

3. Cleaning After Positive Case Identified
Upon learning of a confirmed positive case at the jobsite within the last 48 hours, any location where the infected worker was known to have been present must be immediately closed and sanitized. Work in these locations must cease until sanitization is complete.

4. General Contractor is Responsible for Ensuring the Jobsite is Operated Safely Following All Legal Requirements
a. The General Contractor must ensure that everyone at the jobsite— including its own workers, the subcontractors’ workers, and visitors— complies with the Order, this Directive, the jobsite- specific Social Distancing Protocol, and any other laws and regulations that apply to the work (for example, OSHA and Cal-OSHA requirements). If there is a conflict in what different laws require, the strictest standard applies.
b. The General Contractor’ s responsibility for ensuring jobsite compliance under this paragraph 4 does not, however, relieve any subcontractors of their own responsibilities under the Order, their Social Distancing Protocol, this Directive, and all other applicable laws and regulations.
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Mandatory Directive for Construction Projects ( Order issued July 2, 2020) Page 6 of 12 c. Any worker, or any subcontractor, may file a complaint that the General Contractor has not complied with the Order, this Directive, or the jobsite- specific Social Distancing Protocol, or that the General Contractor has failed to require others to comply. Complaints may be filed through the County Office of Labor Standards Enforcement Advice Line (866-870-7725) or website www.sccfairworkplace. org).

5. Designated COVID-19 Supervisor( s)
a. The General Contractor must designate a site-specific COVID- 19 Supervisor or Supervisors to enforce the jobsite- specific Social Distancing Protocol and this Directive. The designated COVID- 19 Supervisor( s) must be present at the jobsite at all times during construction activities. The COVID- 19 Supervisor may be an on-site worker who is designated to serve in this role. The General Contractor must prominently post a sign at all entrances to the jobsite clearly identifying the COVID- 19 Supervisor( s) by name and providing their phone number and email address.
b. The designated COVID- 19 Supervisor( s) must review this Directive and the jobsite- specific Social Distancing Protocol with all workers and other persons at the jobsite. The General Contractor is responsible for making sure this occurs. c. The COVID- 19 Supervisor must monitor and ensure implementation at the jobsite of all requirements in this Directive, the jobsite- specific Social Distancing Protocol, and the Order.

6. Seal Off Area of Construction Project from Other Parts of Occupied Sites Where construction work occurs within an occupied residential or commercial building, all of the following rules apply:
a. Work areas must, to the extent feasible, be sealed off from the remainder of the building ( and from the remainder of the unit, if work is performed within a residential unit) with physical barriers such as plastic sheeting or closed doors sealed with tape.
b. If possible, workers must access the work area from entry/ exit door( s) different from the entry/ exit door( s) used by residents or occupants accessing the remainder of the building that is not under construction.
c. Available windows and/or doors must be used to ventilate the work area during the workday and any other times work is performed.
d. If residents or occupants have access to the work area between workdays, the 1366
Mandatory Directive for Construction Projects ( Order issued July 2, 2020) Page 7 of 12 work area must be cleaned and sanitized at the beginning and at the end of workdays.
e. Every effort must be taken to minimize contact between workers and residents or occupants, including maintaining a minimum of at least 6 feet of social distancing at all times.

7. Personal Protective Equipment ( PPE)
The General Contractor must obtain, provide at no cost to workers, and require that all workers use personal protective equipment ( PPE) appropriate for use in construction, including gloves, goggles, face shields, and face coverings as appropriate for the activity being performed. Face coverings must be worn in compliance with the State’ s mandatory Guidance for the Use of Face Coverings and any additional directives issued by the County Health Officer. At no time may medical- grade PPE be used at a construction site unless it is required due to the medical nature of the jobsite or local, state, or federal workplace safety requirements.

8. Social Distancing, Sanitizing, and other Measures
a. The General Contractor must:
i. Ensure compliance at the jobsite with the Order’ s density limitations except to the extremely limited extent a higher density is temporarily necessary to safely carry out a specific job function.

1. The density limitations apply to all indoor areas where construction work is actively being performed. Density limitations do not apply to staging areas or lay-down areas that are separate from the area where construction work is actively being performed. ii. Stagger shifts, breaks, and trade- specific work as necessary to reduce density and allow for easy maintenance of minimum 6-foot distancing.

Staggered shifts and breaks must comply with applicable wage and hour laws.

1. All persons must maintain minimum 6-foot distancing except to the extremely limited extent shorter distances are temporarily necessary to safely carry out a specific job function.
iii. Eliminate or resolve “ choke points” and “ high-risk areas” where workers are unable to maintain 6-foot social distancing. The General Contractor must prohibit or limit use of these areas to ensure that 6-foot distance can easily be maintained between individuals.
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Mandatory Directive for Construction Projects ( Order issued July 2, 2020) Page 8 of 12 iv. If possible, ensure workers eat their meals and take their breaks outdoors, and maintain social distancing during meals and breaks. v. Prohibit gatherings of any size on the jobsite ( except for meetings required by this Directive), including gatherings for breaks or eating. Sharing of any food or beverage is strictly prohibited.
vi. Cal-OSHA requires employers to provide water. Water must be provided in single- serve containers.
vii. Prohibit use of microwaves, water coolers, and other similar shared equipment.
b. Workers must:
i. Unless strictly necessary to carry out a job function, maintain at all times at least 6-foot social distancing from fellow workers and all site visitors, including delivery workers, design professionals and other project consultants, government agency representatives ( including building and fire inspectors), and residents at residential construction sites. ii. Not carpool to and from the jobsite except with others living within the same household unit, or if necessary because they have no alternative means of transportation. If workers from different households must carpool, they must wear face coverings while riding together in the same vehicle, sit at the greatest distance possible, and maintain ventilation by keeping windows open as feasible.

9. Notice for Workers and Visitors of Required Practices The General Contractor must prominently post a notice at all entrances to the jobsite visible to all workers and visitors instructing workers and visitors to do the following:
a. Do not touch your face with unwashed hands or with gloves. b. If equipment is shared, it must be fully sanitized before and after each use. c. Wash your hands often with soap and water for at least 20 seconds each time, or use hand sanitizer with at least 60% alcohol.
d. Clean and disinfect objects and surfaces you touch often, such as work stations, keyboards, telephones, handrails, machines, shared tools, elevator control buttons, and doorknobs.
e. Cover your mouth and nose with a tissue or cloth when you cough or sneeze, or 1368
Mandatory Directive for Construction Projects ( Order issued July 2, 2020) Page 9 of 12 cough or sneeze into your elbow/ sleeve – never into your hands. f. Do not enter the jobsite if you have a fever, cough, or other COVID- 19 symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at home.
g. Constantly make sure you are staying at least 6 feet away from co-workers at all times, unless it is absolutely necessary to get closer to complete a task for the construction project.
h. Do not carpool to and from the jobsite with anyone except members of your own household, or if necessary because you have no alternative means of transportation. If you carpool with people from another household, you must wear a face covering while riding together in the same vehicle. i. Do not share phones or PPE.

Posters conforming to this requirement are available for download at https:// www.sccgov. org/sites/ covid19/ Pages/ learn- what-to-do-flyers.aspx.

10. Cooperate with County’ s Case Investigation and Contact Tracing Efforts The General Contractor must maintain a daily attendance log of all workers and visitors at the jobsite that includes contact information ( including name, phone number, address, and email) and the date, time, and duration of each person’ s presence at the jobsite. If someone on the jobsite tests positive for COVID- 19, the General Contractor is legally required to assist the County Public Health Department in any case investigation and contact tracing efforts.

11. Monitor and Inform Supervisors and Subcontractors of Revised Requirements The General Contractor must regularly check for revisions to the Order, this Directive, relevant industry- specific guidance published by the California Department of Public Health, and other relevant rules or guidance. The General Contractor must inform all jobsite supervisors ( including the designated COVID- 19 Supervisor( s), all field supervisors, foremen, and safety directors) and all subcontractors of any revisions or additions to the requirements for construction projects.

Additional Rules for Large Construction Projects
This section describes additional requirements that apply only to Large Construction Projects.

12. What is a Large Construction Project?
A “Large Construction Project” is a construction project that meets any of the following 1369
Mandatory Directive for Construction Projects ( Order issued July 2, 2020) Page 10 of 12 specifications:
a. For residential projects, any single- family, multi-family, senior, student, or other residential construction project consisting of 10 or more units; or b. For commercial projects, any construction project consisting of 20,000 or more square feet of floor area; or
c. For mixed- use construction projects, any construction project that meets either of the specifications above in Subparagraphs ( a) and ( b); or d. Any infrastructure project that requires 20 or more workers at the jobsite at any one time.

13. COVID-19 Supervisor’ s Additional Compliance, Monitoring, and Remediation Responsibilities
a. The designated COVID- 19 Supervisor must:
i. Conduct daily briefings in person ( with proper social distancing) or by teleconference that must cover the following topics:

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

2. Review of sanitizing and hygiene procedures.

3. Worker feedback on improving safety and sanitizing.

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

5. Any newly available information regarding COVID- 19.

6. Emergency protocols in the event of an exposure or suspected exposure to COVID- 19.
ii. Each day, verify and record verification that each jobsite is compliant with this Directive. The General Contractor must collect each written verification, store them for at least 1 year, and make them immediately available upon request to any County official.
iii. Conduct the following activities to make sure that the jobsite is ready to fix any violations of this Directive:
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Mandatory Directive for Construction Projects ( Order issued July 2, 2020) Page 11 of 12

1. Develop a remediation plan;

2. If any non- compliance is identified, ensure that the remediation plan is implemented, and post the remediation plan at all entrances to the jobsite during the remediation period;

3. Stop any construction activity until the jobsite is back in compliance; and

4. Report repeated non- compliance with this Directive to the appropriate jobsite supervisors and the permitting agency for the local government where the project is located.
b. The General Contractor is responsible for making sure the designated COVID- 19 Supervisor takes all of these steps.

14. Jobsite Safety Accountability Supervisor ( JSAS)
The General Contractor must assign a COVID- 19 Third-Party Jobsite Safety Accountability Supervisor ( JSAS) for the jobsite. The JSAS may not be an employee of the General Contractor. The JSAS must at a minimum hold an OSHA- 30 certificate and first-aid training, or equivalent credentials, from within the past 2 years. The JSAS must be trained in the requirements in this Directive and the jobsite- specific Social Distancing Protocol and must verify compliance with those requirements, including by visual inspection and random interviews with workers. The JSAS must inspect the jobsite as often as needed to ensure consistent compliance, but not less than once per week. The JSAS must inspect the jobsite during normal construction hours. a. The General Contractor must prominently post a sign at all entrances to the jobsite visible to all workers and visitors that clearly identifies the JSAS for the jobsite by name and providing their phone number and email address. b. Within 7 calendar days of each jobsite visit, the JSAS must complete a written assessment identifying any failure to comply with this Directive. The written assessment must be copied, stored, and, produced upon request to the County or local permitting agency.
c. If the JSAS discovers that a jobsite is not in compliance with this Directive and the jobsite- specific Social Distancing Protocol, the JSAS must work with the designated COVID- 19 Supervisor to develop and implement a remediation plan. d. The JSAS must coordinate with the designated COVID- 19 Supervisor to prohibit continuation of any work activity not in compliance with this Directive or the jobsite- specific Social Distancing Protocol. The JSAS must make sure that the 1371
Mandatory Directive for Construction Projects ( Order issued July 2, 2020) Page 12 of 12 work activity does not resume until the noncompliance is fixed and the continuing work is compliant with this Directive.
e. The remediation plan must be sent to the local permitting agency and a designated County official within 5 calendar days of the JSAS’ s discovery of the failure to comply.

15. Translation for Non-English-Speaking Workers
The General Contractor must translate ( and, where otherwise required, post) all of the following documents as necessary to ensure that all non-English- speaking workers are able to understand the documents:
a. The Notice for Workers and Visitors of Required Practices described in Paragraph 9 (on page 8).
b. The remediation plan described in Paragraph 13.a.iii.1 (on page 11).

Stay Informed
For answers to frequently asked questions about this industry and other topics, please see the FAQ page. Please note that this Directive may be updated. For up-to-date information on the Health Officer Order, visit the County Public Health Department’ s website at www.sccgov. org/coronavirus.
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Exh. B Insurance for Recreation Contracts Updated May 2020 1 As required by the Agreement, Contractor shall procure prior to commencement of Services and maintain the following insurance for the duration of the Agreement against claims arising from or in connection with Contractor, its agents, representatives, employees or subcontractors Services under this Agreement.

Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:

1. Commercial General Liability ( CGL): Insurance Services Office Form CG 00 01 covering CGL on an occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this project/location (CG 25 03 or 25 04) or be twice the required occurrence limit. a) It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be ( i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever isgreater. b) Additional Insured coverage under Consultant's policy shall be " primary and non-contributory," will not seek contribution from City’ s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13).
c) The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. law

2. Automobile Liability (select one):

ISO CA 0001 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 non-owned), with limits no less than $1,000,000 per accident for bodily injury and property damage.

Required if automobile is used to perform work under this contract.) Proof of Contractor’ s personal auto insurance with limits required by state law. (Contractor shall not transport or use its personal vehicle to transport participants or perform work under this contract.)
Automobile insurance is waived. (Contractor shall never use a vehicle while working under this contract, other than to commute to and from the work site. Contractor shall not use a vehicle to travel between City sites, between classes, etc.)

3. Workers’ Compensation: As required by the State of California, with Statutory and Employer’ s Liability Insurance limits of no less than $1,000,000 per accident for bodily injury or disease.

Required if Contractor has employees.

If no employees, Contractor must sign Affidavit of NoEmployees.

4. Sexual Abuse/Molestation: Insurance or the equivalent as required for activities/services involving minors, i.e., after school activities, recreational programs, athletics, study/training events and transportation of minors). Coverage may be included under General Liability or be obtained in a separate policy, such as Educators Legal Liability (ELL) policy, with a limit of no less than $1,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this contract or be twice the required occurrence limit.

Required if Contract involves services tochildren.

Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance.

Exhibit B
Insurance Requirements for Recreation Contracts
1374
Exh. B Insurance for Recreation Contracts Updated May 2020 2 OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:

Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“ Additional Insureds”) are to be covered as additional insureds on Consultant’ s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’ s insurance ( at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).

Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’ s insurance and shall not contribute to it.

Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.

Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’ s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City.

Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.

Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term.

Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’ s insurance policies.

Higher Insurance Limits
IfConsultantmaintainsbroadercoverage and/orhigherlimitsthantheminimums shownabove, Cityshall be entitled to coverage for the higher insurance limits maintained by Consultant.

Adequacy of Coverage
City reserves the right to modify these insurance requirements/ coverages based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. 1223215. 2
1375
1376
1377
1378
1379
1380
1004361 142987. 2 01-28-2013
listed herein by policy number( s).

Select one of the following:

A request has been submitted to add the additional interest described below to the policy( ies) The additional interest described below has been added to the policy( ies) listed herein by policy number( s).

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

CANCELLATION

AUTHORIZED REPRESENTATIVE
FINANCEDVEHICLE / EQUIPMENT INTEREST:

LENDER' S LOSS PAYEE

PAYEEADDITIONAL INSURED LOSS

INTERESTLEASED DESCRIPTION OF THE ADDITIONAL

ADDITIONAL INTEREST

NAME AND ADDRESS OF ADDITIONAL INTEREST

LOAN / LEASE NUMBER
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 for that purpose.

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

INSURER( S) AFFORDING COVERAGE NAIC #
NAME:

CONTACT
A/C, No):

FAX
E- MAILADDRESS:

CUSTOMER ID #:

PRODUCER

PRODUCER
A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CLAIMS MADE

OCCURRENCE

GENERAL LIABILITY EACH OCCURENCE

GENERAL AGGREGATE

VEHICLE LIABILITY COMBINED SINGLE LIMIT
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)

PROPERTY DAMAGE

VEHICLE OR EQUIPMENT CERTIFICATE OF INSURANCE DATE ( MM/ DD/ YYYY)

NUMBERDESCRIPTIONSERIAL

NUMBERMODELYEAR TYPEMAKE / MANUFACTURER BODY VEHICLE IDENTIFICATION

DESCRIPTION OF VEHICLE OR EQUIPMENT

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).

ADD' L
INSRD
INSR
LTR

POLICY EXPIRATION

DATE ( MM/ DD/YYYY)

POLICY EFFECTIVE

TYPE OF INSURANCE POLICY NUMBER DATE ( MM/ DD/YYYY) LIMITS REMARKS ( INCLUDING SPECIAL CONDITIONS / OTHER COVERAGES) ( Attach ACORD 101, Additional Remarks Schedule, if more space is required) ACORD 23 (2010/ 05) The ACORD name and logo are registered marks of ACORD 1997- 2010 ACORD CORPORATION. All rights reserved.

DED$
LIMIT$
DED$
LIMIT$

STATED AMT

AMTACV AGREED
DED$
LIMIT$
RC

SPECIAL

BROADBASIC

PROPERTY
LOSS
PAYEE
INSR
LTR

STATED AMT

AMTACV AGREED

VEH OTC

LIMITS / DEDUCTIBLE

STATED AMT

AMTACV AGREED

POLICY EXPIRATION

DATE ( MM/ DD/YYYY)

POLICY EFFECTIVE

POLICY NUMBER DATE ( MM/ DD/YYYY)

VEH COMP

TYPE OF INSURANCE

VEH COLLISION LOSS

JOE FRANGIEH STATE FARM AGENT
120 W CAMPBELL AVE STE A
CAMPBELL, CA 95008

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

CHRIS LEE
408-793-8303 408-793-8304
CHRISTOPHER. LEE.PHOQ@STATEFARM. COM
State Farm Mutual Automobile Insurance Company 25178
2019 FORD E350 F150 1FDSE35L35HB47643
Y 273 4810-A07-05E 01/07/2021 07/07/2022
1,000,000
1,000,000
1,000,000
250
500

ALL CALIFORNIA OPERATIONS

BLACKBERRY FARM GOLF COURSE
22100 STEVENS CREEK BLVD
CUPERTINO CA 95014- 1037

PRIMARY WORDING APPLIES

CHRISTOPHER LEE
03/12/2021
1381
Sixth Amendment to Blackberry Farm Golf
Course Maintenance and Soil Sample Collection
and Testing
Final Audit Report 2021- 04-29
Created: 2021- 04-26
By: City of Cupertino ( webmaster@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAARZkn- eUPKMj3q1urbXYrWIjjtAQvI60A Sixth Amendment to Blackberry Farm Golf Course Maintenance and Soil Sample Collection and Testing" History
Document created by City of Cupertino ([email protected]) 2021- 04- 26 - 11:54:27 PM GMT- IP address: 35.229. 54.2 Document emailed to Araceli Alejandre ([email protected]) for approval 2021- 04- 26 - 11:56:53 PM GMT
Document approved by Araceli Alejandre ( aracelia@cupertino. org) Approval Date: 2021- 04-27 - 0:09:38 AM GMT - Time Source: server- IP address: 73.170. 27.253 Document emailed to Heather M. Minner ([email protected]) for signature 2021- 04- 27 - 0:09:40 AM GMT
Email viewed by Heather M. Minner ([email protected])
2021- 04- 29 - 4:36:48 PM GMT- IP address: 45.41.142. 119 Document e-signed by Heather M. Minner ([email protected]) Signature Date: 2021- 04-29 - 4:37:15 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Deb Feng ([email protected]) for signature 2021- 04- 29 - 4:37:17 PM GMT
Email viewed by Deb Feng ([email protected])
2021- 04- 29 - 4:40:20 PM GMT- IP address: 104. 47.73.126 Document e-signed by Deb Feng ( debf@cupertino. org)
Signature Date: 2021- 04-29 - 4:40:35 PM GMT - Time Source: server- IP address: 73.170. 107. 104 1382
Document emailed to Kirsten Squarcia ( kirstens@cupertino. org) for signature 2021- 04- 29 - 4:40:37 PM GMT
Email viewed by Kirsten Squarcia ([email protected]) 2021- 04- 29 - 4:54:24 PM GMT- IP address: 174. 194. 137. 216 Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2021- 04-29 - 4:54:40 PM GMT - Time Source: server- IP address: 174. 194. 137. 216 Agreement completed.
2021- 04- 29 - 4:54:40 PM GMT
1383

APPROVED MINUTES

CUPERTINO CITY COUNCIL
Tuesday, April 6, 2021

REGULAR CITY COUNCIL MEETING
At 6:15 p.m. Mayor Darcy Paul called the Regular City Council meeting to order. This was a teleconference meeting with no physical location.

ROLL CALL

Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the meeting.

CLOSED SESSION

1. Subject: Public Employee Employment Gov’ t Code 54957( b)(1)); Title: City Attorney Recruitment.

In open session, Mayor Paul reported out on the Closed Session Meeting:

No reportable action was taken.

RECESS
At 6:59 p.m. Mayor Darcy Paul reconvened the Regular City Council meeting to order. This was a teleconference meeting with no physical location.

ROLL CALL

Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the meeting.

OPEN SESSION
Attachment N
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In open session, Mayor Paul reported out on the Special Closed Session Meeting held on March 24, 2021:

Before Council went into closed session, the following individual spoke in open session.

Rhoda Fry

1. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding the following existing litigation:
a. Huang Family v. City of Cupertino, Santa Clara County Superior Court Case No. 19CV347316.
c. City of Arcata et al. v. Pacific Gas Electric Co., San Francisco County Superior Court Case No. CGC 20 585483
Council discussed with legal counsel these pending cases for which discussion in open session would prejudice the City in the litigation.

No reportable action was taken.

2. Conference with Legal Counsel Anticipated Litigation. Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) three potential cases) Council discussed with legal counsel the potential initiation of litigation for three matters for which discussion in open session would prejudice the City in the potential litigation.

No reportable action was taken on two matters.

For the other matter, Council gave its approval to initiate legal action by a unanimous vote with Mayor Paul, Vice Mayor Chao, and Councilmembers Willey, Moore, and Wei voting yes.

The action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry as provided in Government Code section 54957. 1.

CEREMONIAL MATTERS AND PRESENTATIONS None

POSTPONEMENTS AND ORDERS OF THE DAY
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Item No. 7 Fiscal Year FY) 2021 22 projects proposed to receive funding from the Road Maintenance and Rehabilitation Account RMRA), created by Senate Bill 1 SB 1) was postponed to May 4.

ORAL COMMUNICATIONS
Jennifer Griffin was concerned about the City of San Jose’ s proposal regarding single family housing zoning and the potential impact on adjacent Cupertino neighborhoods.

Rick Kitson, on behalf of the Cupertino Chamber of Commerce, supported the upcoming Thai New Year celebration being held at Pineapple Thai restaurant Submitted written comments).

Nori supported Memorial Park as an ideal location to build the first magical bridge all inclusive playground.

Jenny Huang was concerned about a deadline to demolish an unpermitted structure in her backyard and her permit application submittals.

Housing Commissioner Connie Cunningham representing self) supported Mayor Paul representing the City at the Stop Asian Hate rally at Saratoga City Hall.

Steven Scharf supported voting yes” on the Measure A parcel tax for funding the Cupertino Union School District CUSD).

REPORTS BY COUNCIL AND STAFF 10 minutes)

2. Subject: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements
Councilmember Wei submitted written comments.

Council received brief reports on councilmember activities and brief announcements.

3. Subject: City Manager update on emergency response efforts Recommended Action: Receive City Manager update on emergency response efforts City Manager Deborah Feng reported on California’s Blueprint for a Safer Economy tier assignments, COVID 19 vaccine information, testing opportunities, and case rates. 1386
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Council received the City Manager update on emergency response efforts.

4. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.

CONSENT CALENDAR
Wei moved and Moore seconded to approve the items on the Consent Calendar except for Item Nos. 6 and 14 which were pulled for discussion and Item No. 7 which was postponed. Ayes:

Paul, Chao, Moore, Wei, and Willey. Noes: None. Abstain: None. Absent: None.

5. Subject: Approve the February 6 City Council minutes Recommended Action: Approve the February 6 City Council minutes

6. Subject: Approve the March 16 City Council minutes
Recommended Action: Approve the March 16 City Council minutes Moore requested revising the motion for Item No. 16 to include both the permitted and the entitled number of units in a comparison chart with neighboring cities by percentage.

Housing Commissioner Connie Cunningham representing self) requested revising her comments for Item No. 16 to include the City look beyond the Marina and Hamptons projects to consider other housing locations to meet new RHNA targets.

Moore moved and Wei seconded to direct the City Clerk to review the edits for the March 16, 2021 City Council minutes, as suggested by Connie Cunningham to look at other locations, and by Councilmember Moore to add entitled” and permitted” to the number of units in the comparison chart and bring back for approval at the April 20 meeting. The motion carried unanimously.

7. Subject: Fiscal Year FY) 2021 22 projects proposed to receive funding from the Road Maintenance and Rehabilitation Account RMRA), created by Senate Bill 1 SB 1) Recommended Action: Adopt Resolution No. 21 024 to list FY 2021 22 projects proposed to receive RMRA SB 1) funding.

Under Postponements and Orders of the Day, this item was continued to May 4. 1387
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8. Subject: FY 2019 20 Comprehensive Annual Financial Report CAFR) and related supplemental reports.

Recommended Action: Accept the FY 2019 20 Comprehensive Annual Financial Report CAFR) and related supplemental reports.

9. Subject: Accept Accounts Payable for the period ending January 31, 2021.

Recommended Action: Adopt Resolution No. 21 021 accepting Accounts Payable for the period ending January 31, 2021.

10. Subject: Accept Accounts Payable for the period ending February 08, 2021 Recommended Action: Adopt Resolution No. 21 025 accepting Accounts Payable for the period ending February 08, 2021

11. Subject: Accept Accounts Payable for the period ending February 16, 2021 Recommended Action: Adopt Resolution No. 21 026 accepting Accounts Payable for the period ending February 16, 2021

12. Subject: Accept Accounts Payable for the period ending February 22, 2021 Recommended Action: Adopt Resolution No. 21 027 accepting Accounts Payable for the period ending February 22, 2021

13. Subject: Accept Accounts Payable for the period ending February 28, 2021 Recommended Action: Adopt Resolution No. 21 028 accepting Accounts Payable for the period ending February 28, 2021

14. Subject: Consultant agreement for the Residential and Mixed Use Residential Design Standards Work Program item for the fiscal year 2020 21 and associated budget modification.

Recommended Action: That the City Council adopt Resolution No. 21 029 Attachment A)to:
1) Award a consultant agreement for the Residential and Mixed Use Residential Design Standards Work Program item for the fiscal year 2020 21; and 2) Authorize the City manager to negotiate and execute a consultant agreement with RRM Design Group to provide these services to the City, for an amount not to exceed 226,757; and
3) Approve a Budget Modification 2021 114 to increase appropriations in 100 71 702 750 090 by 75,757 for the residential and mixed use residential design standards for the fiscal year 2020 21 Work Program.

Councilmembers asked questions and made comments.
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Mayor Paul opened the public comment period and the following people spoke.

Peggy Griffin requested modifications to Exhibit A including a defined list of stakeholders and list review by the City Council. Submitted written comments).

Mayor Paul closed the public comment period.

Moore moved and Willey seconded to create an ad hoc subcommittee comprised of two councilmembers to review and approve the stakeholder participants. The motion was not voted on.

Moore amended her motion to include a language amendment to the scope of work to state that the stakeholder interviews will also include residents. Willey accepted the friendly amendment). The amendment was not voted on.

Willey made a friendly amendment to include the approval of the agreement as recommended by staff. Moore accepted the friendly amendment). The motion was not voted on.

Chao moved and Wei seconded a substitute motion consistent with Moore’ s motion except the requirement to have the Subcommittee members present during the stakeholder interviews.

Paul made a friendly amendment to revisit the issue about the Subcommittee members being present at all stakeholder interviews at a later date. Chao and Wei accepted the friendly amendment).

Chao’s motion as amended by Paul carried with Moore and Willey voting no.

Chao moved and Wei seconded to appoint Wei and Willey as the Subcommittee members. The motion carried unanimously.

Final motions summary:

Chao moved and Wei seconded to adopt Resolution No. 21 029 with modifications to:
1) Award a consultant agreement for the Residential and Mixed Use Residential Design Standards Work Program item for the fiscal year 2020 21; and 2) Authorize the City manager to negotiate and execute a consultant agreement with RRM Design Group to provide these services to the City, for an amount not to exceed 226,757; and
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3) Approve a Budget Modification 2021 114 to increase appropriations in 100 71 702 750 090 by 75,757 for the residential and mixed use residential design standards for the fiscal year 2020 21 Work Program; and
Modifications:
amend the scope of work to state that the stakeholder interviews will also include residents.
create an ad hoc subcommittee comprised of two Councilmembers to review and approve the stakeholder participants.
revisit the issue about the subcommittee members being present at all stakeholder interviews at a later date. Chao and Wei accepted the friendly amendment).

Chao’s motion as amended carried with Moore and Willey voting no.

Chao moved and Wei seconded to comprise the subcommittee members of Wei and Willey. The motion carried unanimously.

Council recessed from 9:06 p.m. to 9:12 p.m.

15. Subject: Authorization of a Sixth Amendment to Agreement 15 206 between the City of Cupertino and Professional Turf Management, extending the contract for one year and resulting in 205, 200 in new turf maintenance related expenses for FY 2021 22.

Recommended Action: Approve the Sixth Amendment of Agreement 15 206 between the City of Cupertino and Professional Turf Management, extending the contract for one year and resulting in 205,200 in new turf maintenance related expenses for FY 2021 22.

SECOND READING OF ORDINANCES

16. Subject: Municipal Code Amendments to adopt glazing and lighting regulations to implement the Fiscal Year 2019/ 20 City Council Work Program items related to Dark Sky and Bird Safe Design. Application No. MCA 2019 003 and MCA 2019 004; Applicant: City of Cupertino; Location: City wide)
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Recommended Action: That the City Council conduct the second reading and enact Ordinance No. 21 2225 An Ordinance of the City Council of the City of Cupertino Amending City Code to add 19.102: Glass and Lighting Standards and to Amend Chapter 19.40 Residential Hillside RHS) Zones, Chapter 19.60 General Commercial GC) Zones, Chapter 19.72 Light Industrial ML) and Industrial Park MP) Zones, and Chapter 19.124 Parking Regulations to Implement Bird safe and Dark Sky Policies,” Attachment A) which includes a finding that the proposed actions are exempt from CEQA.

Written communications for this item included emails to Council.

Mayor Paul opened the public hearing and the following people spoke.

Rick Kitson, on behalf of the Cupertino Chamber of Commerce, supported the Bird safe and Dark Sky Ordinance.

Lisa Warren was concerned about minimizing light reflection and glare on buildings and supported the Bird safe and Dark Sky Ordinance. Submitted written comments).

Dr. Shani Kleinhaus, on behalf of the Santa Clara Valley Audubon Society, supported the Bird safe and Dark Sky Ordinance.

Housing Commissioner Connie Cunningham representing self) supported the Bird safe and Dark Sky Ordinance. Submitted written comments).

Dashiell Leeds, on behalf of the Sierra Club Loma Prieta Chapter, supported the Bird safe and Dark Sky Ordinance.

Mayor Paul closed the public hearing.

City Clerk Kirsten Squarcia read the title of Ordinance No 21 2225 An Ordinance of the City Council of the City of Cupertino Amending City Code to add 19.102: Glass and Lighting Standards and to Amend Chapter 19.40 Residential Hillside RHS) Zones, Chapter 19.60 General Commercial GC) Zones, Chapter 19.72 Light Industrial ML) and Industrial Park MP) Zones, and Chapter 19.124 Parking Regulations to Implement Bird safe and Dark Sky Policies”
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Wei moved and Willey seconded to read Ordinance No. 21 2225 by title only, and that the City Clerk’s reading constitute the second reading thereof; and to enact Ordinance No. 21 2225. Ayes: Paul, Chao, Moore, Wei, and Willey. Noes: None. Abstain: None.

Absent: None.

PUBLIC HEARINGS

17. Subject: Consider whether to authorize the formal submission and processing of a General Plan Amendment Authorization for a change to the Land Use Designation from Low Density 1 5 DU/Ac.) to Low/ Medium Density 5 10 DU/Ac.), which would allow construction of four small lot single family homes where one single family home currently exists. Applicant(s): Homestead Homes; Application No(s).: GPAAuth 2020 001; Location: 19820 Homestead Road APN# 316 04 064
Recommended Action: That the City Council conduct the public hearing and:
1) Find that the proposed application is exempt from CEQA; and 2) Adopt Resolution No. 21 030 approving the request for a General Plan Amendment; or deny the request for a General Plan Amendment.

Written communications for this item included a staff presentation and emails to Council.

Senior Planner Gian Martire gave a presentation.

Michael Shwe, on behalf of the owner, and Project Architect Pratima Shah with Bellomo Architects gave a presentation.

Councilmembers asked questions and made comments.

Mayor Paul opened the public hearing and the following people spoke.

Jennifer Griffin was concerned about parking for Accessory Dwelling Units ADUs), no second story setbacks, building aesthetics, and proposed SB 9 potential upzoning.

Jean Bedord supported authorizing the General Plan Amendment.

Peggy Griffin Submitted written comments) supported requiring affordable housing and voiding approval if sold, and was concerned about ADU’s, parking, and upzoning.

Planning Commissioner Steven Scharf representing self) was concerned about adding ADUs and splitting parcels, no community benefits and no affordable housing. 1392
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Mayor Paul closed the public hearing.

Wei moved and Chao seconded to:
1) Find that the proposed application is exempt from CEQA; and 2) Adopt Resolution No. 21 030 approving the request to submit an application for a General Plan Amendment.

This item was not voted on.

Willey made a friendly amendment for the applicant to come back in 30 days for clarifications, provide notice to the neighbors according to the City’s requirements, and require the surface that abuts adjacent houses to conform with R1 requirements. Wei and Chao did not accept the friendly amendment and the item was not voted on).

Chao made a friendly amendment to authorize the General Plan Amendment to proceed and when the item returns, require a 12’ setback on the second floor and a 9’ setback on the east border, a shadow study, staff to look into reasonably noticing the neighbors, and include buffering and landscaping. Wei accepted the friendly amendment). This amendment was not voted on.

Final motion:

Paul moved and Moore seconded a substitute motion for the applicant to come back within 30 days and in consideration of Council’ s comments, with a revised proposal emphasizing the Below Mark Rate BMR) aspect and community benefits relating to the BMR housing impact.

Council’s comments:
require the homes adjacent to the single family residents have a 12’ setback on the second floor and a 9’ setback on the east border
require a shadow study
staff to look into reasonably noticing the neighbors
include buffering and landscaping
The motion carried unanimously.

18. Subject: Fiscal Year FY) 2021 22 Community Development Block Grant CDBG) Program and Below Market Rate BMR) Affordable Housing Fund AHF) funding allocations.

Recommended Action: 1) Adopt Resolution No. 21 031 recommending the FY 2021 22 CDBG and BMR AHF funding allocations.
2) Authorize the City Manager to negotiate and execute FY 2021 22 CDBG and BMR AHF funding agreements.
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Written communications for this item included a staff presentation and emails to Council.

Housing Manager Kerri Heusler gave a presentation.

Mayor Paul opened the public hearing and, seeing no speakers, closed the public comment period.

Funding applicant and Westport Cupertino Project owner Mark Tersini and Mike Kelly with The Pacific Companies provided an overview of the project financing.

Mayor Paul closed the public hearing.

Councilmembers asked questions and made comments.

Moore moved and Wei seconded to:
1) Adopt Resolution No. 21 031 recommending the FY 2021 22 CDBG and BMR AHF funding allocations.
2) Authorize the City Manager to negotiate and execute FY 2021 22 CDBG and BMR AHF funding agreements.

The motion carried unanimously.

Paul moved and Moore seconded to continue the remainder of the agenda to April 20. The motion carried unanimously.

19. Subject: Consider amendments to Cupertino Municipal Code Sections 19.56.030A Table 19.56.030) and 19.56.030F Density Bonus Ordinance) to incentivize the development of affordable housing by allowing for density bonuses of up to 40 percent Application No: MCA 2021 002; Applicant: City of Cupertino; Location: Citywide.

20. Recommended Action: That the City Council conduct the first reading of Ordinance No. 21 2226, An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Section 19.56.030A Table 19.56.030) and 19.56.030F Density Bonus Ordinance) to Incentivize the Development of Affordable Housing by Allowing for Density Bonuses of up to 40 Percent, which includesafinding that adoption of theordinance isexempt from theCalifornia Environmental Quality Act.Council continued this item to April
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21. Subject: Consideration of Municipal Code Amendments to the Cupertino Municipal Code, Chapter 10.90, expanding existing policies to reduce exposure to secondhand smoke, including in multi unit housing, entryways, public events, service areas, and outdoor worksites.

Recommended Action: 1. Reintroduce with amendments and conduct the first reading of Ordinance No. 21 2227: An Ordinance of the City Council of the City of Cupertino amending City Code Chapter 10.90 of Title 10 Public Peace, Safety, and Morals) to prohibit smoking in multi unit housing and certain outdoor areas,” which adds setback requirements for designated smoking areas and includes detached ADUs and JADUs in the regulations; or

2. Conduct the second reading and enact Ordinance No. 21 2224 An Ordinance of the City Council of the City of Cupertino amending City Code Chapter 10.90 of Title 10 Public Peace, Safety, and Morals) to prohibit smoking in multi unit housing and certain outdoor areas.”
Council continued this item to April 20.

ORDINANCES AND ACTION ITEMS None
ORAL COMMUNICATIONS CONTINUED None

COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
This item was not heard.

ADJOURNMENT
At 12:02 a.m. on Wednesday, April 7, Mayor Paul adjourned the meeting.

Kirsten Squarcia, City Clerk
1395
CITY OF CUPERTINO PURCHASING POLICY Effective September 1, 2013 Type Form Category Process Authorization
General Supplies
(Operating or maintenance
supplies and materials,
general meeting expenses,
licenses, subscriptions,
memberships, mileage
reimbursements, tools,
furniture, equipment.)
General Services
(Operating or maintenance
services, recurring
services, essential or
emergency services or
purchases from public
agencies.)
Petty Cash Voucher (up to
$75); or
Check Request; or
Partial Receipt of
Purchase Order with or
without contract
Up to $45,000 No specific requirements.

Muni Code Sec 3.22.060A
Form authorized by
designated supervisor.

Note: Services of
temporary personnel
authorized by HR Mgr.
$45,001 to
$175,000
Informal competitive
bidding process or RFP.

Code Sec 3.22.060D
Form authorized by
department head. Note:

Services of temporary
personnel authorized by
HR Mgr.

Greater than
$175,000
Formal competitive bidding
or RFP with approval from
the City Manager. Code
Sec 3.22.060B.

Form authorized by
department head.

Contract approved by City
Manager/City Council.

Utility Payments Invoices Summarized and paid by
Finance; copies sent to PW
Supervisor.

Payment authorized by
PW Supervisor (may be
after payment process).

Attachment O
1396
CITY OF CUPERTINO PURCHASING POLICY Effective September 1, 2013 Type Form Category Process Authorization
Construction Contracts Contract;
Construction documents
and specifications
approved by Dir. of
Public Works or his
designee
Up to $45,000
No bidding required. Code
Sec 3.23.130D
Contract authorized by
designated supervisor
$45,001 to
$175,000
Informal competitive
bidding process. Code Sec

3.23.120
Contract authorized by
department head.

Greater than
$175,000
Formal competitive bidding
approved by Department
Head. Formal construction
documents approved by Dir.
of Public Works. Code Sec

3.23.030 through 3.23.120
Contract approved by City
Manager/City Council.

Professional Services
(including but not limited
to lawyers, architects,
engineers, land surveyors,
artists and accountants)
Petty Cash Voucher (up to
$75); or
Check Request; or
Partial Receipt of
Purchase Order with or
without contract
Up to $45,000
No bidding required. Code
Sec 3.22.070D and

3.23.130A
Form authorized by
designated supervisor.
$45,001 to
$175,000
No bidding required. Code
Sec 3.22.070D and

3.23.130A
Form authorized by
department head.

OR from another Public
Agency created under
California or US Gov’t
laws
Greater than
$175,000
No bidding required. Code
Sec 3.22.070D and

3.23.130A
Form authorized by
department head.

Contract approved by City
Manager/City Council.

Expense Reimbursements
and Advance Payment
Petty Cash Voucher (up to
$75); or
Check Request; or
Reimbursement of
Expenses
Any amount See Administrative
Procedure I-12 and
Unrepresented Employees’
Compensation Program
Policy No. 3
Form authorized by
designated supervisor.

Educational
Reimbursements
Request for Educational
Reimbursement of
Expenses
Up to $1,200 per
year
See Administrative
Procedure II-2;
Memorandum of
Understandings with CEA
and OE3
Authorized by Human
Resources and department
head.

G:\Finance\Procedures and Policies\Purchasing Policy Effective 9-1-13.docx 1397
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Print
Cupertino, CA Municipal Code
CHAPTER 3.22: PURCHASE OF SUPPLIES, MATERIALS,

EQUIPMENT AND SERVICES
Section

3.22.010 Purpose of chapter.

3.22.020 Definitions.

3.22.030 Purchasing Officer.

3.22.040 Purchase orders or check requests needed–Use of petty cash funds.

3.22.050 Availability of funds.

3.22.060 Purchasing requirements.

3.22.070 Exemptions.

3.22.010 Purpose of Chapter.

This chapter is enacted to set forth policy to establish efficient procedures for the purchase of supplies, materials, equipment and services at the lowest possible cost commensurate with quality needed, and to clearly define authority for the purchasing function of the City. (Ord. 1582, § 1 (part), 1992)

3.22.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section.

1. “Bid” means any proposal submitted to the City in competitive bidding for City purchases and contracts for supplies, materials, equipment, and/or services.

2. “Lowest responsible bidder” means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity and experience to satisfactorily perform the contract.

3. “Purchases.” Purchases of supplies and equipment shall include leases or rentals, as well as transactions by which the City acquires ownership.

4. “Purchasing Officer” means the City Manager or any other official or officials designated in writing by the City Manager for administration of this chapter.

5. “Services” means any and all services including, but not limited to, equipment service contracts.
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The term does not include services rendered by City officers or employees, or professional or other services which are by nature unique or for which the procedure for procurement is specifically provided by law.

6. “Supplies,” “materials” and “equipment” means any and all articles, things or tangible personal property furnished to or to be used by the City. (Ord. 1897, § I (part), 2002; Ord. 1582, § 1 (part), 1992)

3.22.030 Purchasing Officer.

A. The Purchasing Officer of the City is vested with the authority for the purchase of supplies, materials, equipment and services. When the provisions and intent of this chapter may be best served by so doing, the Purchasing Officer may authorize in writing any department to investigate, solicit bids or to negotiate the purchase or award of contracts for supplies, materials, equipment or services for that department, provided that such shall be done in conformity with the procedures prescribed by this chapter or by duly adopted administrative rules and regulations pertaining thereto.

B. The Purchasing Officer shall have the responsibility and authority to:

1. Purchase or contract for materials, supplies, equipment and services to be performed as may be required by any department of the City in accordance with procedures prescribed by this chapter or by such administrative rules and regulations as the Purchasing Officer may adopt pursuant thereto;

2. Prepare and adopt administrative rules and regulations not in conflict with the provisions of this chapter for the purpose of carrying out the requirements and intent of this purchasing system.
(Ord. 1582, § 1 (part), 1992)

3.22.040 Purchase Orders or Check Requests Needed–Use of Petty Cash Funds.

A. Purchases of supplies, materials, equipment or services shall be made only by means of purchase orders or check requests processed and issued pursuant to this chapter. The purchase orders or check requests shall be valid only when signed by the City Manager, the Purchasing Officer or other persons as may be designated by the Purchasing Officer to act in his behalf.

B. Nothing herein shall preclude the use of authorized petty cash funds for purposes intended by their establishment.
(Ord. 1582, § 1 (part), 1992)

3.22.050 Availability of Funds.

The Purchasing Officer shall not issue any purchase order or check request, or award any contract for the acquisition of supplies, materials, equipment or services, unless there exists an unencumbered appropriation in the funds as approved by City Council resolution adopting procedures for administration of the annual budget. The appropriate account and funds shall be encumbered immediately after the issuance of the purchase order or check request or award of contract.
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(Ord. 1582, §I (part), 1992)

3.22.060 Purchasing Requirements.

A. Open Market Purchases. The Purchasing Officer may award contracts or issue purchase orders or check requests for the acquisition of supplies, materials, equipment or services in the open market without observing the competitive bidding procedure contained in this Chapter when the dollar value will forseeably equal, or be less than, the amount for public works contracts described in section 22032(a) of the Public Contracts Code.

B. Purchases Approved by City Council–Application of Formal Competitive Bidding Procedures. In instances where the acquisition of supplies, materials, equipment or services will foreseeably result in the issuance of a purchase order, check request, or the award of a contract with a dollar value in excess of the required dollar value for public works contracts described in section 22032(b) of the Public Contracts Code, such will be authorized only by action of the City Council.

Such action shall be taken after the formal competitive bidding procedures described in this section are followed, unless pursuant to a written recommendation of the City Manager, the City Council finds that the use of the formal competitive bidding procedure is not practical due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving the formal competitive bidding process procedures appear. Upon making such a finding, the Council may direct the Purchasing Officer to dispense with the formal competitive procedure and make the purchase on the open market or through any other procedure which meets the City’s requirements.

C. Formal Competitive Bidding Procedures. The formal bidding procedures required for purchases described in Section 3.22.060B are as follows:

1. Notice Inviting Bids.
a. Notice inviting bids shall include:
i. A distinct description of the supplies, materials, equipment or services to be purchased; ii. The location where bid blanks, specifications and requests for proposals may be secured;
iii. The time and place for opening bids;
iv. A statement that the City has the authority to reject any and all bids and may waive any minor technicality or variance found in a bid document. b. The notice inviting bids shall be published at least fourteen calendar days before the date of opening of bids in a newspaper of general circulation printed or published in the City.

Such notice may also be mailed to any vendor or provider which the Purchasing Officer has reason to believe may be in a position to provide the subject supplies, material, equipment or services to the City.

2. Opening of Bids. Bids shall be opened in public by the City Clerk at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than fifteen calendar days after the bid opening. Any bid which is received after the time specified in the notice shall be returned unopened.

3. Award of Contract. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this chapter. 1400
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4. Award to Next Lowest Bidder–Failure to Execute Contract. The City Council may, on refusal or failure of the successful bidder to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, award it to the next lowest responsible bidder.

5. Award of Contract to the Next Lowest Bidder–Lowest Bidder Irresponsible–Notice and Hearing.

A. The City Council, in its sole discretion, may reject the lowest monetary bid for purchases of supplies, materials, equipment or services upon a specific finding that the lowest monetary bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder’s financial responsibility, level of experience and whether the bidder has failed to complete or deliver any supplies, materials, equipment or services in other projects.

B. If the City Council rejects the lowest bid upon its determination that the lowest bidder is not responsible, the City shall:
i. Give notice of the City Council's decision to the lowest monetary bidder, setting forth the reasons why the bidder is not considered the lowest responsible bidder; ii. Give the bidder the opportunity to ask for a pre-award hearing before the City Council on the issue;
iii. If the hearing is requested, agendize the matter before the City Council, giving written notice of such hearing to all bidders;
iv. After hearing, the City Council shall make a finding, supported by the evidence on the record as to the nonresponsibility of the lowest monetary bidder.

6. Rejection of Bids–Identical Bids–Absence of Bids. The City Council, in its sole discretion, may:
a. Reject any bids presented and re-advertise for new bids; b. Reject any bid that fails to meet the requirements of the formal bidding procedure in any respect;
c. If two or more bids are the same and the lowest, the City Council may accept the one it chooses;
d. If no bids are received, the City Council may direct the Purchasing Officer to purchase the supplies, materials, equipment or services without further adherence to the formal bidding procedure;
e. Waive any minor irregularities or variances in any bid received.

D. Informal Competitive Bidding Procedures. In instances where the purchase of supplies, materials, equipment or services will forseeably result in the issuance of a purchase order, check request or the award of a contract with a dollar value of greater than the amount for public works contracts described in section 22032(a) of the public contract code but equals, or is less than the amount for public works contracts described in section 22032(b) of the public contracts code, the Purchasing Officer may award contracts or issue purchase orders or check requests for the purchase of supplies, materials, equipment or services.

Such action shall be taken only after the informal competitive bidding procedure described in subsection E below is followed unless the City Manager finds in writing that the use of the informal competitive bidding procedure is not practical due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving the informal competitive bidding process procedure appear. Upon 1401
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making such a finding, the City Manager may direct the Purchasing Officer to dispense with the informal competitive bidding procedure and make the purchase on the open market or through any other procedure which meets the City’s requirements.

E. Informal Competitive Bidding Procedure for Purchases Described in Subparagraph D.

Above.
i. The procedures described in subsections 3.22.060 C I a and C2-C6 of this chapter are applicable except that the duties described thereunder which are performed by the City Council are performed under these informal procedures by the Purchasing Officer. Determinations of the Purchasing Officer are subject to appeal pursuant to Chapter 1.16 of the City’s ordinance code. ii. Publication of notice inviting informal bids is not required. (Ord. 1897, § 1 (part), 2002; Ord. 1582, § 1 (part), 1992)

3.22.070 Exemptions.

Notwithstanding any provision of this chapter to the contrary, the Purchasing Officer, with the written concurrence of the City Manager, is authorized to issue a purchase order or check request, or award a contract, without adherence to the other provisions of this chapter under following instance:

A. Emergency Purchases. The immediate requirement of an item necessary for the continued operation of a department or for the preservation of life or property shall be deemed an emergency. A full report of the circumstances of emergency purchase in excess of the amount described in subsection 3.22.060B shall be filed with the City Council at its next regular meeting after the purchase was made.

B. Recurring or Essential Services. Purchase orders or check requests, including payment of claims against the City where reasonable advanced estimates of costs cannot be determined for essential services of a recurring nature. Included, but not limited to, this authorization are such items as utility services, approved claims for liability under the City’s insurance program, renewal premium for authorized insurance policies, all expenditures for the City's payroll and employee benefits and other matters involving unknown estimates of costs.

C. Purchases From Other Public Agencies. Purchases of supplies, materials, equipment or services from any other public agency created under the laws of the State of California or the United States Government are exempt from the bidding requirements of this chapter.

D. Professional Services. Professional services including, but not limited to, services of lawyers, architects, engineers, land surveyors, artists and accountants are exempt from the bidding requirements of this chapter.
(Ord. 1897, § 1 (part), 2002; Ord. 1582, § 1 (part), 1992) CHAPTER 3.23: PUBLIC WORKS CONTRACT AND BIDDING

PROCEDURES
Section

3.23.010 Purpose.

3.23.020 Definitions.
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3.23.030 Competitive bidding.

3.23.040 Notice inviting bids.

3.23.050 Presentation of bids–Security required–Subcontractor designated in bid.

3.23.060 Opening bids.

3.23.070 Award of contract.

3.23.080 Forfeiture of security.

3.23.090 Award of contract to next lowest bidder–Failure to execute contract.

3.23.100 Award of contract to next lowest bidder–Lowest bidder irresponsible–Notice and hearing.

3.23.110 Rejection of bids–Identical bids–Absence of bids.

3.23.120 Informal bidding procedure for public works projects.

3.23.130 Exempt from bidding requirements.

3.23.140 Performance bond of successful bidder.

3.23.150 Deposit of proceeds.

3.23.160 Additional work by City authority.

3.23.170 Deletions of work by City authority.

3.23.010 Purpose.

This chapter is enacted to enhance competition, to prevent corruption and undue influence in the awarding of public works contracts, and to clarify the City’s competitive bidding requirements established pursuant to Part 3 of the California Public Contract Code, Sections 20100 et seq. (Ord. 1583, § 1 (part), 1992)

3.23.020 Definitions.

As used in this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section:

1. “Bid” means any proposal submitted to the City in competitive bidding for the construction, alteration, repair or improvement of any structure, building, road or other improvement of any kind.

3. “Public works contract” means an agreement for the erection, construction, alteration, repair or improvement of any public structure, building, road or other public improvement of any kind.
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4. “Public works project” means:
a. The erection, improvement, painting or repair of public buildings and works; b. Work to protect against overflow of streams, bays, waterfronts or embankments; c. Street or sewer work except for maintenance or repair thereof; d. Furnishing supplies or materials for any such project, including the maintenance or repair of streets or sewers.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992)

3.23.030 Competitive Bidding.

Except as otherwise provided for in this chapter, public works projects with an estimated dollar value in excess of the required dollar value for competitive bidding established by section 22032(a) of the California Public Contracts Code, as may be amended, shall be contracted for pursuant to the procedures prescribed in this chapter.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16- 2143, § 1, 2016)

3.23.040 Notice Inviting Bids.

The notice inviting bids shall be in the form and published as follows:

A. Notices inviting bids shall include:

1. A distinct description of the public works project to be performed;

2. The location where bid blanks and specifications may be secured;

3. The time and place for opening bids;

4. The type and amount of bidder's security required;

5. The class of license required for the public works to be performed; and

6. A statement that the City has the authority to reject any and all bids and may waive any minor technicality or variance from the bid specifications.

B. The notice inviting bids shall be:

1. Published in a newspaper of general circulation printed and published in the City at least the number of days specified in Section 22037 of the California Public Contract Code, as may be amended, before the opening of bids; and

2. Provided to all construction and trade journals specified in Section 22036 of the California Public Contract Code, or as may be amended, at least the number of days and by the methods set forth in Section 22037 of the California Public Contracts Code, as may be amended. (Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16-2143, § 2, 2016)

3.23.050 Presentation of Bids–Security Required–Subcontractor Designated in Bid. 1404
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A. All bids shall be presented under sealed cover (identified as bids on the envelope), submitted to the City Clerk and accompanied by one of the following forms of bidder’s security:

1. Cash;

2. A cashier’s check made payable to the City;

3. A certified check made payable to the City;

4. A bidder's bond executed by an admitted surety insurer, made payable to the City.

B. The security shall be in an amount equal to at least ten percent of the amount of the bid, or such other sum as may be authorized by the California Public Contract Code. A bid shall not be considered unless one of the forms of bidder’s security is enclosed with it.

C. Upon award of the contract to the lowest responsible bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall such security be held by the City beyond ninety days from the date the notice of award of contract is mailed.

D. All bidders on a public works project must designate in their bids the name, address, the portion of the work each subcontractor will perform, and other information as required by Section 4101(a)(1) of the California Public Contract Code, as may be amended, of each subcontractor:

1. Who will perform work exceeding one-half of one percent of the prime contractor’s total bid, or

2. Who meet or exceed the thresholds for specific types of work as specified in Section 4101(a)(1) of the California Public Contracts Code, as may be amended.

E. The prime contractor shall list only one subcontractor for each portion of work as is defined by the prime contractor in their bid.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16-2143, § 3, 2016)

3.23.060 Opening Bids.

Bids shall be opened in public at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than fifteen calendar days after the bid opening. Any bid which is received after the time specified in the notice shall be returned unopened. (Ord. 1583, § 1 (part), 1992)

3.23.070 Award of Contract.

Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this chapter.
(Ord. 1583, § 1 (part), 1992)

3.23.080 Forfeiture of Security.

If the successful bidder fails to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, the amount of the bidder’s security shall be forfeited to the City except as provided in Section 3.23.090. 1405
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(Ord. 1583, § 1 (part), 1992)

3.23.090 Award of Contract to next Lowest Bidder–Failure to Execute Contract.

The City Council may, on refusal or failure to the successful bidder to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, award it to the next lowest responsible bidder. If the City Council awards the contract to the second lowest bidder, the amount of the lowest bidder’s security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the bidder’s surety if a bond is used.
(Ord. 1583, § 1 (part), 1992)

3.23.100 Award of Contract to Next Lowest Bidder–Lowest Bidder Irresponsible–Notice and Hearing.

A. The City Council, in its sole discretion, may reject the lowest bid upon specific findings that the lowest bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder’s financial responsibility, type of license, type of equipment, number of years experience in construction work, other projects bidder worked on in the last five years, whether bidder has failed to complete any contract and bidder’s ability to be bonded.

B. If the City Council rejects the lowest bid upon its determination that the lowest bidder is not responsible, the City shall do the following:

1. Give notice of the City Council’s decision to the lowest bidder, setting forth the reasons why he/she is not considered the lowest “responsible” bidder;

2. In the notice, give bidder an opportunity to ask for a pre-award hearing before the City Council on the issue;

3. If hearing is requested, agenda the matter pursuant to California Government Code hearing requirements;

4. After the hearing, the City Council shall make a finding, supported by the evidence on the record, as to the nonresponsibility of the lowest bidder. (Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992)

3.23.110 Rejection of Bids–Identical Bids–Absence of Bids.

The City Council, in its sole discretion, may:

A. Reject any bids presented and readvertise for new bids; B. Reject any bid that fails to meet the bidding requirements in any respect; C. If two or more bids are the same and the lowest, the City Council may accept the one it chooses;
D. If no bids are received, the City Council may have the project done without further complying with this chapter;
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E. Waive minor irregularities in any bid received.
(Ord. 1583, § 1 (part), 1992)

3.23.120 Informal Bidding Procedure for Public Works Projects.

Except as otherwise required by this chapter or under state or federal law, the bidding procedures of this chapter may be dispensed with for public works projects with an estimated dollar value equal to or less than the required dollar value specified in Subdivision (b) of Section 22032 of the Public Contract Code, and the following informal bidding procedures substituted:

A. The City shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for compilation of the contractor list shall be determined by the California Uniform Construction Cost Accounting Commission (“Commission”). All contractors on the list for the category of work being bid and/or all construction trade journals specified by the Commission shall be mailed a notice inviting informal bids, unless the product or service is proprietary.

B. All mailing of notices to contractors and construction trade journals shall be completed not less than the number of days specified in Section 22304(c) of the California Public Contract Code, or as may be amended, before the date of opening the bids.

C. The City Council hereby delegates the authority to award contracts pursuant to informal bidding to the City Manager or other person designated in writing by the City Manager. (Ord. 1632, 1993; Ord. 1583, § 1 (part), 1992; Ord. 16- 2143, § 4, 2016)

3.23.130 Exempt from Bidding Requirements.

The following are exempt from competitive bidding requirements:

A. Professional Services. Includes, but is not restricted to, services of lawyers, architects, engineers, land surveyors, artists, and accountants;
B. Maintenance. Includes the maintenance and repair of streets and sewers, but does not include the furnishing of materials for such maintenance; C. Emergency Work. If there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, the City Council may pass a resolution by a four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, the City may expend any sum required in the emergency without complying with this chapter; D. Small Contracts. Any contract for public works projects with an estimated dollar value equal to or less than the required dollar value for competitive bidding established by section 22032(a) of the California Public Contracts Code;
E. Meaningless Bids. Where the nature of the subject of the contract is such that competitive proposals would not produce an advantage and when the advertisement for competitive bidding would be undesirable, impracticable or impossible;
F. Performance of Project After Rejection of Bids. After rejection of bids presented, the City Council may pass a resolution by a four-fifths vote declaring that the project can be performed more economically by day labor or the materials or supplies furnished at a lower price in the open 1407
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market. Upon adoption of the resolution, the City is relieved from further compliance with formal bidding requirements.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992)

3.23.140 Performance Bond of Successful Bidder.

The City Manager has authority to require a performance bond before entering a contract, in such amount as the City Manager finds reasonably necessary to protect the best interests of the City or as may be required by law. If the City requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. (Ord. 1583, § 1 (part), 1992)

3.23.150 Deposit of Proceeds.

The cash or proceeds collected pursuant to this chapter shall be deposited in the fund out of which the expenses of preparation and printing of the plans and specifications, estimates of cost and publication of notice are paid.
(Ord. 1583, § 1 (part), 1992)

3.23.160 Additional Work by City Authority.

Notwithstanding the provisions of this chapter, if the Director of Public Works determines that additional or extra work on any public works project is required to complete the project as originally intended, the Director of Public Works is authorized to approve contract change orders for additional or extra work on any public works contract without complying with the bidding requirements established in this chapter, provided that each individual contract change order does not exceed the required dollar value for bidding established by Section 22032 of the California Public Contract Code; and, further, that the aggregate total of all such contract change orders for any one public works project does not exceed the value of the project contingency established for the project at the time the contract is awarded. Under this same authority, the Director of Public Works is authorized to approve extensions of time to public works contracts up to a maximum of sixty calendar days.
(Ord. 1900, § 1, 2002)

3.23.170 Deletions of Work by City Authority.

The City reserves the right to delete up to twenty-five percent of the work on a public works contract where such deletions would advance the project as originally contemplated. (Ord. 1583, § 1 (part), 1992)
1408
1 CITY OF CUPERTINO

REQUEST FOR PROPOSAL
FOR

BLACKBERRY FARM GOLF COURSE MAINTENANCE
RFP Issue Date:

August 5, 2022
Submittal Due Date:

September 2, 2022

OFFICE OF THE DIRECTOR OF PARKS AND RECREATION
QUINLAN COMMUNITY CENTER • 10185 N. STELLING ROAD • CUPERTINO, CA 95014‐3255 TELEPHONE: (408) 777‐3120 • FAX: (408) 777‐3137
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2 REQUEST FOR PROPOSAL

CITY OF CUPERTINO

TABLE OF CONTENTS

1. Introduction

2. Purpose of Request for Proposal

3. Scope of Services

4. Pre‐Bid Walk-Through

5. Cost Proposal

6. RFP Schedule

7. Submittal Requirements

8. Contract Requirements

9. Attachments
• Attachment A – Scope of Work and Technical Specifications • Attachment B – Pricing Table
• Attachment C – Sample of Cupertino Maintenance Services Contract • Attachment D – Insurance Requirements
City of Cupertino
RFP for Blackberry Farm Golf Course Maintenance
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3 1. INTRODUCTION
The City of Cupertino was incorporated in 1955 and is located in Santa Clara County, approximately 32 miles south of the San Francisco International Airport and directly west of the City of San Jose on the western edge of the Santa Clara Valley. Cupertino strives to be a leader in providing cost effective municipal services to make government work better for residents, guests, vendors, and staff.

The City of Cupertino invites proposals from qualified Contractors that provide regular golf course maintenance.

2. PURPOSE OF THIS REQUEST FOR PROPOSAL
The purpose of this Request for Proposal (RFP) is to facilitate the selection of a qualified Contractor to provide specified maintenance services at the City of Cupertino (City) Blackberry Farm Golf Course. The maintenance services contract will be awarded to the lowest responsive and responsible bidder.

Contractors submitting a response to the RFP are required to state their understanding of the work and experience. Contractors are urged to submit concise proposals, appropriate to the scale of the work and include only items that are relevant to this work.

The City reserves the right to reject any or all responses received as a result of this solicitation; to extend the submission due date for; to modify, amend, reissue or rewrite this document; and to procure any or all services by other means.

The City will not be liable for any costs incurred for the preparation of proposals or for developing and carrying out interviews, if needed. Submission of a proposal indicates acceptance by the Contractor of the conditions contained in this RFP.

3. SCOPE OF SERVICES
The scope of work is provided in Attachment A. The Contractor’s proposal shall address how the Contractor will perform and deliver the indicated services. Work tasks shall include, but are not necessarily limited to those items listed in Attachment A.

Supplies and Equipment
The Contractor shall furnish all labor, tools, equipment, and materials, except as otherwise specified, which are required to perform the maintenance assignments outlined in the Scope of Work. A maintenance building is available adjacent to the golf course and will be presented at the walk-through.
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4 The Contractor shall be prepared to provide maintenance of the Blackberry Farm Golf Course with Contractor‐supplied equipment. All materials and supplies shall be of commercial quality only and no additional charges shall be made by the Contractor for providing and maintaining materials and equipment consistent with providing the services described in Attachment A.

The Contractor shall comply with all regulations and safety precautions listed on the product and equipment labels.

The Contractor is required to be registered with the California Department of Industrial Relations (DIR) and have a C-27 Landscaping License.

4. PRE‐BID WALK-THROUGH
A pre-bid walk-through is scheduled for Tuesday, August 16, at 10 a.m. Participation in this meeting is optional but encouraged. This pre‐bid walk-through will meet at the Blackberry Farm Golf Course Pro Shop, located at 22100 Stevens Creek Blvd., Cupertino, CA 95014.

Contractor shall sign in at the start of this pre‐bid walk to verify attendance.

5. COST PROPOSAL
The Contractor shall submit a cost for services with the submittal of the proposal in a separate attachment using the Pricing Table in Attachment B.

The cost proposal shall include the following:
• Proposal price shall be inclusive of all cost to manage, furnish and install materials, and implement all aspects of the Scope of Work, Attachment A. • The lump sum price for each item must include all direct, indirect, overhead, and markup. Final fee will be formalized in contract documents as a “not to exceed amount.”
Pricing table shall be used when increasing or decreasing services in future Addendums.

The City intends to execute a three-year contract and shall retain the option to extend the term of the contract on a year‐to‐year basis not exceeding two years from the expiration date of the original term, for a possible total of five years.

Any such renewal after the first three years shall be accomplished by the City providing a written notice of renewal to the Contractor at least 30 days prior to expiration of the term. 1412
5 Any such renewal shall contain the same provisions as the original contract, including an increase or decrease in compensation paid to the Contractor. Any increase or decrease in the previous contract price shall be based on the annual percentage change in the Consumer Price Index (CPI) as of June in the year the adjustment is being made. The CPI shall be the San Francisco/Oakland Consumer Price Index for all urban wage earners. There will be no CPI adjustment during the first three‐year term of the contract.

6. RFP SCHEDULE
Listed below is the RFP schedule. These dates are subject to change.

Approximate Dates Task
August 5, 2022 Issuance of Request for Proposal
August 16, 2022, at 10:00 a.m. Pre‐Bid Walk-through
August 19, 2022 by 12:00 p.m. Deadline to submit RFP questions September 2, 2022 by 2:00 p.m. Deadline to submit Proposal

7. SUBMITTAL REQUIREMENTS
Pre-bid questions or requests for clarification shall be sent via email to Rachelle Sander at [email protected] and must be submitted by 12:00 p.m. on Friday, August 19, 2022.

Email title should include the words “Golf Maintenance RFP.” Questions or clarifications not sent to [email protected] nor by the due date and time, will not receive a response. Any response provided by the City shall be posted at https://apps.cupertino.org/bidmanagement/index.aspx.

Proposals are due by Friday, September 2, 2022, by 2:00 p.m. Late submittals will not be considered.

Proposals must be in PDF format and are to be uploaded to the City’s bid management platform at http:/apps.cupertino.org/bid management/index.aspx. The proposal shall be precise and not include any unnecessary promotional material. The City prefers a quality submittal over quantity. Succinct, responsive proposals are welcomed. Submittals will not be returned.

The proposal shall include the submittal requirement information in addition to the cost proposal to be deemed qualified for selection. If the requested information is not provided, the submittal shall be considered non-responsive.

All submittals shall provide the following information. 1413
6 A. Cover Letter
An original, signed cover letter that contains the following.

1. Name of the individual, partnership, company, or corporation submitting the proposal.

2. Statement which indicates an understanding of the Scope of Work as presented in this specification and confirmation that all terms and conditions of the RFP are understood and acknowledged by the undersigned.

3. Statement that the Contractor accepts the City’s maintenance service contract, including specifically the City’s Indemnification requirements and insurance coverage requirements, without modification. Contractors failing to provide this statement may be considered non-responsive and eliminated from further consideration.

B. Work Plan and Approach
Discuss the Contractor organization’s understanding of the Scope of Work to be performed. Describe how the method in which the indicated services will be performed and delivered.

C. Qualification and Experience
Contractor shall have prior experience maintaining golf courses. The Contractor shall have at a minimum of five (5) years of experience maintaining golf courses and performed the responsibilities as noted in Attachment A. A description of the Contractor’s qualifications, maintenance experience, organization, including the names of principals, number of employees, client base, areas of specialization and expertise, certifications, and any other pertinent information in such a manner that proposal evaluators may reasonably formulate an opinion about the stability and financial strength of the organization. Contractor shall include work experience related to working alongside sensitive habitat and creeks.

D. Key Personnel
Name, position, summary of qualifications and related experience, and proposed responsibilities of key personnel.

E. Cost Proposal
Provide cost proposal as specified in Section 5. Cost proposal shall be delivered in a separate PDF attachment.

F. References
Provide at least three references from other agencies for whom the Contractor has 1414
7 provided services of equivalent or greater scope as being proposed. Each reference shall include the organization name, phone number and email of the contact person, and the services performed.

8. CONTRACT REQUIREMENTS
The Contractor shall execute a standard City of Cupertino maintenance services contract, defining basic contractual relationships with attachments that specify the scope of services, compensation schedule, and deliverable schedule. A sample City maintenance services contract is attached to this RFP as Attachment B. Please note that insurance requirements are identified in Attachment C. Please also note that this contract is subject to payment of Prevailing Wages pursuant to California Labor Code Section 1720, et seq.

9. ATTACHMENTS
The following attachments are provided with the RFP package:
• Attachment A – Scope of Work and Technical Specifications • Attachment B – Pricing Table
• Attachment C – Sample of Cupertino Maintenance Services Contract • Attachment D – Insurance Requirements

END OF REQUEST FOR PROPOSAL
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ATTACHMENT A: SCOPE OF WORK AND

TECHNICAL SPECIFICATIONS

BLACKBERRY FARM GOLF COURSE MAINTENANCE
The following services are to be performed after 5:30 a.m. and before 6:00 p.m. Power equipment of any type (except for electric golf carts) are not allowed before 7:00 a.m. City owned golf carts are not available for Contractor use.

PUTTING GREENS

1.1 Scope
Greens shall be maintained disease and weed free. Complete renovation of any green is not included in this maintenance project.

1.2 Mowing Frequency
Greens to be mowed six times per week, year-round. Contractor shall recycle grass trimmings.

1.3 Height of Cut
The grass on the putting greens is to be 0.135 of an inch.

1.4 Changing Cups
Contractor shall change the cup location on each green daily, year-round. Placement is to be at least eight feet from the edge of the green, on a level surface. When requested, use the 1/3 rule – 1/3 of the pins back, 1/3 pins middle, 1/3 pins up.

1.5 Fertilization
Contractor to collect soil samples six times per year to determine recommended nutrients, rates of application and frequency of application, with the goal of a sustainable fertility program. Use organic fertilizers, for example, 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 soil testing and recommendations. All fertilizer shall be applied in accordance with all applicable laws, codes, specifications and policies, and at a minimum rate that is consistent with healthy turf.

1.6 Aerification/Top Dressing/Verti-Cutting
Contractor is to perform DryJect aerification or equal two times per 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. 1416
Top-dress with TD320 from TMT enterprises or City approved equal.

1.7 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 safety data sheets (SDS) for all materials. All posting and re-entry requirements must be followed. Contractor to submit a written report of all pesticide applications every two months. Contractor to be present at the annual pesticide use meeting conducted by the City. A recommendation by a licensed Pest Control Advisor (PCA) that is familiar with the 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. Contractor is required to attend the annual pesticide meeting that is coordinated by the City’s environmental programs team.

1.8 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creeks or ponds nor to drainage inlets that discharge to creeks or ponds.

1.9 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 square feet unless otherwise directed.

1.10 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans, bottles, tree branches, etc.).

COLLAR MAINTENANCE

2.1 Mowing Frequency
Collars to be mowed two times per week in the spring, summer, and fall. Collars to be mowed one time per week in the winter.

2.2 Height of Cut
The grass on the collars is to be ½ inch year-round.
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2.3 Fertilization
Fertilization of the collars to be applied in the same manner as the greens.

2.4 Weed Control
Weed control of the collars to be applied in the same manner as the greens.

TEE MAINTENANCE

3.1 Mowing Frequency
Tees to be mowed three times per week in the spring, summer, and fall. Tees to be mowed two times per week in the winter.

3.2 Height of Cut
The grass on the tees is to be ½ inch year-round.

3.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer to use. Contractor to use Logan Laboratories or City approved equal for soil testing and recommendations. Fertilizer to be applied four times per 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, 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.

3.4 Aerification
Contractor to aerate four times per year in May and October and as needed.

3.5 Overseeding
Contractor to overseed four times per year with perennial rye grass, at eight pounds per 1,000 square feet unless otherwise directed. Contractor to use seeder/slicer (verti-cutting) unit for distribution.

3.6 Tee Markers
Contractor shall move and rotate daily. Keep 10 feet apart and eight feet from back of tee box (except where markers do not allow).

3.7 Permanent Yardage Markers
Contractor to keep markers visible at all times.

3.8 Weed Control
Contractor to apply broadleaf weed control two times per year, in the spring and fall. 1418
Broadleaf weed control shall at a minimum control English daisy, clover, spurge, and chickweed. Contractor to apply one crabgrass control in spring. The appearance of other broad leaf weeds will require the use of appropriate control measures. All weed controls shall be applied in accordance with all applicable laws, codes, specifications, and policies.

3.9 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain inlets that discharge to creek areas.

3.10 Seed and Topsoil Tees
Contractor to place seeds and sand/organic compost mix on tees daily to repair divots.

3.11 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans, bottles, tree branches, etc.).

FAIRWAY MAINTENANCE

4.1 Mowing Frequency
Two to three times per week in growing season and one to two times per week in winter.

4.2 Height of Cut
Fairway grass shall be kept at ¾ inch year-round.

4.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer use. Contractor to use Logan Laboratories or City approved equal for soil testing and recommendations. Fertilizer to be applied four times per year in March, May, late August, and October. The application rate shall be at the manufacturer’s recommended rate.

4.4 Aerification/Verti-Cutting
Contractor to aerate, verti-cut one time per year in April or May.

4.5 Overseeding
Contractor to overseed one time per year with perennial rye grass, at eight pounds per 1,000 square feet unless otherwise directed. Contractor to use seeder/slicer (verti-cutting) unit for distribution. Perform spot overseeding as needed with perennial rye grass. 1419

4.6 Weed Control
Contractor to apply broadleaf weed control two times 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, specifications, and policies.

4.7 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain inlets that discharge to creek areas.

4.8 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans, bottles, tree branches, etc.).

ROUGH MAINTENANCE

5.1 Mowing Frequency
Rough to be mowed two times per week, year-round.

5.2 Height of Cut
Rough to be kept at a height of 1 to 1 ½ inches, year-round.

5.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer use. Contractor to use Logan Laboratories or City approved equal for soil testing and recommendations. Fertilizer to be applied four times per year in March, May, late August, and October. The application rate shall be at the manufacturer’s recommended rate.

5.4 Aerification/Verti-cutting
Contractor to aerate, verti-cut one time per year in April or May.

5.5 Weed Control
Contractor to apply broadleaf weed control two times per year, in the spring and fall.

5.6 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain inlets that discharge to creek areas.

5.7 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans, bottles, tree branches, etc.).

EQUIPMENT AND EQUIPMENT STORAGE

6.1 Green Equipment
The City encourages the contractor to use environmentally friendly or green equipment and supplies for this contract. Any portable motorized landscape equipment used for maintenance is required to have a noise level reading of 65dBA or less measured at a distance of 50 feet, as certified by the manufacturer, per municipal code 10.48.010.

6.2 Equipment Maintenance
All mowing equipment shall be on a regular preventative maintenance schedule for hydraulic and oil lines to minimize damage to turf and protect the creek and wildlife habitat from leaks. Hydraulic hoses shall be changed off site every six months.

6.3 Greens
Mowing equipment shall be nine or more bladed and a reel-type mower with a frequency of cut at a minimum of .25 at 3.6 mph.

6.4 Tees
Mowing equipment shall be seven or more bladed and a reel-type mower with a frequency of cut at a minimum of .53 at 4.2 mph.

6.5 Fairways
Mowing equipment shall be six or more bladed and a reel-type mower with a frequency of cut at a minimum of .67 at 5 mph.

PARKING LOT AT GOLF COURSE ENTRANCE

7.1 Sweeping
Contractor shall sweep every two weeks. Manually using a blower is acceptable during the hours of 7:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on weekends, per municipal code 10.48.051.
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7.2 Loose Trash and Garbage Cans
Contractor shall pick up trash and check area daily. Contractor shall remove and dispose all trash from the parking lot.

7.3 Broken Glass/Bottles
Contractor shall pick up and dispose of broken glass or similar potentially harmful materials immediately.

MAINTENANCE BUILDING/AREA

8.1 Building
Contractor shall not enter the maintenance building before 5:30 a.m. Contractor shall inspect all equipment for leaks, daily. Contractor shall fix leaks and clean up any spills or leaks immediately. Contractor shall not store any equipment or vehicles in the maintenance building, that are not used for regular course maintenance. No barbecues, washing of personal cars, or fires of any kind are allowed. Smoking is not allowed anywhere on the course, patio area, maintenance building or adjacent parking lot, per municipal code

10.90.020.

8.2 Restrooms at Maintenance Building
Public restrooms exist on the golf-facing side of the golf maintenance building. The public restrooms will be cleaned and maintained by the City or the City’s designee.

8.3 Green Waste Dumpster
Contractor shall contact the supervisor when the green waste dumpster is full. City is responsible for emptying dumpster. Contractor is responsible for keeping the area around dumpster, free of garbage and debris. Green waste dumpster is to be used for debris collected as a result of golf course maintenance only.

8.4 Blackberry Farm Park Dumpsters
Contractor may dispose of garbage and recycling collected as a result of golf course maintenance only, in the designated dumpsters at Blackberry Farm Park.

ENTRY AREA AND PRO SHOP GROUNDS

9.1 Flower Beds
Contractor shall replant the two planter boxes located near the pro shop, a minimum of two times per year. Contractor shall weed, mulch, water, and replenish as needed, year-round.

The planter box located on the number one tee measures approximately 4.5 feet by 35.5 feet (160 sq. ft.). The planter box located near the entrance gate, measures approximately 8 feet by 34 feet (272 sq. ft.).
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9.2 Landscape Shrubbery
Contractor shall trim monthly and as needed.

9.3 Patio and Walkways
Contractor shall sweep daily. Manually using a blower is acceptable during the hours of 7:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on weekends, per municipal code

10.48.051.

9.4 Trash and Recycling Containers
Contractor shall pick up trash and empty trash cans located on the patio, daily. Contractor shall empty the cardboard recycling containers located next to the pro shop at least one time per week.

9.5 Foot Brushes and Air Hose
Contractor shall clean and check weekly and replace when worn.

9.6 Leaks from Golf Carts
Contractor shall clean immediately.

IRRIGATION

10.1 Maintenance
Contractor shall maintain the irrigation system, including irrigation main and lateral lines, sprinkler heads, valves, and controllers in good operation, functioning properly, and conforming to related laws, codes, and regulations. Leaks in the irrigation system shall be repaired by the Contractor. Contractor shall provide an itemized cost proposal that includes labor rate and materials for the repair of leaks. Any damage to the irrigation system caused by Contractor’s equipment or carelessness while carrying out maintenance operations shall be repaired without charge.

10.2 Frequency
Contractor shall irrigate as required to maintain adequate moisture for growth rate and appearance. Contractor is to hand water, as needed, all portions of the course that do not receive adequate water from the irrigation system. Irrigation shall be performed at night or early morning when it does not interfere with golf play. Irrigation controller programs shall be adjusted as required.

10.3 Water Conservation
Irrigation controllers shall be programmed to maintain course appearance and health of vegetation while maximizing water conservation. Contractor may be required to reduce 1423
irrigation on the tees, fairways, and rough while providing the necessary water to keep the greens healthy at all times. Adjustments to the irrigation cycle may also be necessary to meet any drought restrictions imposed by Santa Clara Valley Water District and California State Water Board.

10.4 Monitoring
Contractor shall check the system daily, year-round. Contractor shall make corrections for coverage, clogging of lines, removal of obstacles, tilting of heads, and management of pant materials that obstruct the spray, as they occur.

10.5 Wind Problems
In areas where wind creates problems of spraying on to private property or road rights of way, operation shall occur during a period of lowest wind velocity.

10.6 Testing for Adequate Soil Moisture
Contractor shall determine by visual observation, plant resiliency, turgidity, examining cores removed by soil probe, and moisture sensor devices.

10.7 Water Cost
Water costs shall be paid by the City.

OTHER AREAS

11.1 Benches and Tee signs
Contractor shall immediately remove any damaged bench and notify the City. City is responsible for replacing benches and tee signs.

11.2 Ball Washers
Contractor shall check for water and soap daily. Contractor shall replace tee towels monthly or more often if towel is frayed, discolored, or aesthetically unpleasing. City is responsible for replacing ball washers.

11.3 Trash Cans
Contractor shall empty trash cans located on the course, daily, or more frequently if trash cans are overflowing. City is responsible for the replacement of trash receptacles.

11.4 Debris and Trash
Contractor shall remove immediately and dispose of debris and trash in a safe and legal manner.
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11.5 Tee Markers
Contractors shall have two sets on each hole. Missing or broken markers shall be replaced immediately.

11.6 Yard Markers
Contractor shall replace any yard markers as needed.

11.7 Out of Bounds and Hazard Stakes
Contractor shall replace out of bounds or hazard stakes, immediately, if missing or broken.

11.8 Flags, Poles, and Cups
Contractor shall replace flags, poles, and cups including at the nine‐hole foot golf course, when they are discolored, frayed, or damaged in any way.

11.9 Sand Traps
Complete renovation of any sand trap is not included in this maintenance project. Contractor shall rake daily. Contractor shall keep sand at a minimum of four inches in depth and keep clear of all weeds. When using a power rake, Contractor shall stay approximately one foot from edge of trap. When hand‐raking edge of trap, sand shall be pushed inward on the low side and pulled outward on the high side. Contractor shall edge traps monthly and as needed. Sand shall not be dragged out of the trap when exiting the trap with a power rake.

11.10 Sand Trap Rakes
Contractor shall keep two rakes per sand trap, or more, as needed. Missing or broken rakes shall be replaced immediately.

11.11 Trees
Any tree removal or tree replacement is the responsibility of the City. Contractor shall keep all trees trimmed at least eight 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 by City staff. 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. Contractor 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. City shall be responsible for removal of dead or fallen trees unless the dead or fallen tree was a result of the Contractor’s negligence.

11.12 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 golf play areas that are along the creek or associated native planting areas. 1425

11.13 Bridge
Contractor shall inspect the bridge daily for safe conditions and repair the structure immediately when necessary.

11.14 Driving Range
Contractor shall cut grass weekly. Contractor to collect soil samples six times per year to determine the recommended complete fertilizer use. Contractor to use Logan Laboratories or City approved equal for soil testing and recommendations. Fertilizer to be applied four times per 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, 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.

11.15 Perimeter Fencing
City is responsible for all repairs and replacement of perimeter fencing and safety netting.

11.16 Vandalism and Graffiti
Contractor is responsible for the removal/repair of graffiti and vandalism to Contractorowned property. City is responsible for the removal/repair of graffiti and vandalism to any City-owned property.

11.17 Wildlife
In accordance with Cupertino Municipal Code 8.01.160, “no person shall use a leg-hold steel jawed trap, steel jawed trap, or steel leg-hold trap, as defined in Fish and Game Code Section 4004, in any urban service area boundary, as defined in Government Code Section 56080.”

11.18 USGA Green Section Visit
Contractor shall have a USGA staff agronomist visit the course annually on the following schedule. The first year, the visit shall be 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.

BLACKBERRY FARM GATE AND RESTROOMS

12.1 Scenic Circle Gate
Contractor shall open the Scenic Circle gate between 6:00 a.m. and 6:30 a.m. on weekends and holidays except for December 25 and January 1. City shall provide Contractor a list of observed holidays by December 1, each year.
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12.2 West Side Restrooms
Contractor shall open the restrooms located on the west side of the park between 6:00 a.m. and 6:30 p.m. on the weekends and holidays except for December 25 and January 1. City shall provide Contractor a list of observed holidays by December 1, each year. 1427
ATTACHMENT B: PRICING TABLE
Item Description Unit Estimated
Quantity
Unit
Price
Total ($)
1 Provide all services as set forth in
Attachment A, Putting Greens,
Tasks 1.1 – 1.10, each month,
January 1, 2023 through December
31, 2026
Month 36
2 Provide all services as set forth in
Attachment A, Collar
Maintenance, Tasks 2.1 – 2.4, each
month, January 1, 2023 through
December 31, 2026
Month 36
3 Provide all services as set forth in
Attachment A, Tee Maintenance,
Tasks 3.1 – 3.11, each month,
January 1, 2023 through December
31, 2026
Month 36
4 Provide all services as set forth in
Attachment A, Fairway
Maintenance, Tasks 4.1 – 4.8, each
month, January 1, 2023 through
December 31, 2026
Month 36
5 Provide all services as set forth in
Attachment A, Rough
Maintenance, Tasks 5.1 – 5.7, each
month, January 1, 2023 through
December 31, 2026
Month 36
6 Provide all services as set forth in
Attachment A, Equipment and
Equipment Storage, Tasks 6.1 – 6.5,
each month, January 1, 2023
through December 31, 2026
Month 36
7 Provide all services as set forth in
Attachment A, Parking Lot at Golf
Course Entrance, Tasks 7.1 – 7.3,
each month, January 1, 2023
through December 31, 2026
Month 36
8 Provide all services as set forth in
Attachment A, Maintenance Month 36
1428
Building/Area, Tasks 8.1 – 8.4, each
month, January 1, 2023 through
December 31, 2026
9 Provide all services as set forth in
Attachment A, Entry Area and Pro
Shop Grounds, Tasks 9.1 – 9.6,
each month, January 1, 2023
through December 31, 2026
Month 36
10 Provide all services as set forth in
Attachment A, Irrigation, Tasks

10.1 – 10.7, each month, January 1,
2023 through December 31, 2026
Month 36
11 Other Areas

11.1 Benches and Tee Signs Each 1

11.2 Ball Washers Month 36

11.3 Trash Cans Month 36

11.4 Debris and Trash Month 36

11.5 Tee Markers Each 1

11.6 Yard Markers Each 1

11.7 Out of Bounds and Hazard Stakes Each 1

11.8 Flags, Poles, and Cups Each 1

11.9 Sand Traps Month 36

11.10 Sand Trap Rakes Each 1

11.11 Trees Month 36

11.12 Weed Control (Non-Selective) Month 36

11.13 Bridge Month 36

11.14 Driving Range Month 36

11.15 Perimeter Fencing Each 1

11.18 USGA Green Section Visit Year 3
12 Opening of the Blackberry Farm
Scenic Circle gate and one set of
restrooms on the west end of the
park on weekends and holidays,
except December 25 and January 1
Hours 1,089

TOTAL COST
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MAINTENANCE SERVICES CONTRACT

1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and (“Contractor”), a
for ,
and is effective on the last date signed below (“Effective Date”).

2. SERVICES
Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.

3. TIME OF PERFORMANCE

3.1 This Agreement begins on the Effective Date and ends on (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Servicesshall begin on and shall be completed by . The City’s
appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.

3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B.

3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time.

4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $ (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.
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4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement.

5. INDEPENDENT CONTRACTOR

5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City.

5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry.

5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.

5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.

5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement.

5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractorsshall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. 1431

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6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement.

Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.

7. OWNERSHIP OF MATERIALS

7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City.

7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.

Contractor may use copies of the Work Product for promotion only with City’s written approval.

7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.

7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights,City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or (d) Other City projects.

7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.

8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available 1432

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to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment.

Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.

9. ASSIGNMENT
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 will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity.

10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 1433

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Cupertino City CouncilOctober 18, 2022

Cupertino City Council
October 18, 2022