In accordance with Section 4107 of the Public Contract Code, City Council or its designated authorized officer is the awarding authority for the purpose of consenting to a substitute subcontractor.
Project No. 2010-01
City of Cupertino 00700-67 General Conditions
BBF Golf Course Maintenance
6.24 Tunnel Construction Safety
Attention is directed to Labor Code Sections 7950 and following, concerning tunnel safety. Contractor shall notify the Division of Occupational Safety and Health and City before any initial construction may be started at any tunnels. A pre-job safety conference, to be arranged for by Contractor, shall be held for all underground operations. City shall be notified of the time and place of such conference. The tunnel classification prepared by the Division of Occupational Safety and Health shall be prominently posted at the Site by Contractor. City will obtain this classification prior to the request for bids, whenever possible, and make it available to Contractor.
6.25 Cultural Resources
If cultural resources are encountered during construction of the Project, Contractor shall avoid any further disturbance of the materials and immediately discontinue earthwork within 100 feet of the find. Contractor shall notify City immediately upon encountering cultural resources. Contractor shall be prepared to move on to another location or phase of work, allowing sufficient time for City to evaluate the nature and significance of the find, and implement appropriate management procedures.
In the event that prehistoric human remains are encountered, ground-disturbing activities at that location shall cease immediately. Contractor shall notify City immediately upon encountering human remains. Contractor shall be prepared to move on to another location or phase of Work to allow the City to notify the proper authorities and assess management of the situation.
Contractor is advised that if burials or archaeological artifacts are encountered, it may be necessary to suspend Work on the project in order to comply with the above requirements. Payment for a delay of more than 1 working day for each occurrence will be made in accordance with Section 3.
6.26 Sound Control
Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract.
Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without the muffler.
Grading, construction and demolition activities shall be allowed to exceed the noise limits of Section 10.48.040 of the Cupertino Municipal Code during the daytime hours; provided that the equipment utilized has high quality noise muffler and abatement devices installed and in good condition and the activity meets one of the following criteria:
A No individual device produces a noise level more than 87 dBA at a distance of twenty-five feet (25’) (7.5 meters).
B A noise level on any nearby property does not exceed 80 dBA. It is a violation of the Cupertino Municipal Code to engage in any grading, street construction or underground utility work within seven hundred fifty feet (750’) if a residential area on Saturdays, Sundays, holidays, and during the nighttime period except as provided in Section 10.48.030 of the Cupertino Municipal Code.
C Grading, construction, or demolition occurring during nighttime period shall not be allowed unless they meet the nighttime standards of Section 10.48.040 of the Cupertino Municipal Code.
6.27 Site Security
Contractor shall take and be fully responsible for all reasonably required measures to protect and maintain the security of persons, existing facilities and property at the Site, including without limitation preventing theft, loss, vandalism and improper concealment of personal property of the City and all persons lawfully present on the Site, and including times where workers are not present on the Site. Contractor’s measures shall include, at a minimum, maintaining a log of all persons entering and leaving the Site and who they represent, what they are delivering and to whom.
Contractor shall repair all damage to City’s property resulting from Contractor’s failure to provide adequate security measures at no cost to City.
Project No. 2010-01
City of Cupertino 00700-68 General Conditions
BBF Golf Course Maintenance
Contractor shall maintain a lock on the Construction access gate at all times.
Contractor shall supply additional security fencing, barricades, lighting, and other security measures as required to protect and control the Site.
Contractor shall provide a Safety Program in accordance with all applicable federal, state, and local regulation codes, rules, laws and ordinances.
6.28 Public Facilities
Where overhead service to a structure, known to receive service, does not exist, then underground service shall be assumed to exist.
Contractor’s attention is directed to the existence of underground sewer, water, gas, power, telephone and cable and other utilities within the areas in which Work is to be performed. Contractor shall, at least 2 Business Days, or as otherwise noted, prior to commencement of excavation, notify the following owners of these Underground Facilities:
A. Storm drainage lines:
City of Cupertino
B. Water:
San Jose Water Co., 374 West Santa Clara, San Jose, CA 95113-9971, Phone: 408-279-7900 C. Cable:
Comcast, 1900 S. Tenth St., San Jose, CA 95112, Phone: 408-918-3230 D. Electrical/Gas:
Pacific Gas & Electric, 10900 N. Blaney Ave., Cupertino, CA 95014, Phone: 408-725-2098 E. Phone:
Pacific Bell/AT&T, 3475 B N. First Street, San Jose, CA 95134, Phone: 408-493-7236 F. Sanitary:
Cupertino Sanitary, 20833 Stevens Creek Blvd., Suite 104, Cupertino, CA 95014, Phone: 408-259- 7071
The Contractor shall have all of the utilities, underground mains, and services that may conflict with the project, located in the field. The Contractor shall contact Underground Service Alert (USA) two (2) working days in advance of any work, for location of the underground facilities, at 800-642-2444.
Underground vaults and lines are shown on the Drawings. Contractor shall exhibit extreme care when conducting this work and may be required to hand dig in these locations. The vaults and lines shall be protected throughout the construction period.
Attention is directed to the presence of overhead telephone, cable and power lines and a power pole in the area.
The existing power pole shall be protected throughout the construction period. Protection of these power poles may require assistance from PG&E, AT&T and Comcast. Cost for assistance by PG&E, AT&T and Comcast shall be borne by Contractor.
Attention is directed to the existing utilities in the area. Contractor shall notify utility companies prior to digging in this area and shall abide by any provisions instructed by the utility company for protection of their facility including hand digging in this area. Costs for compliance with all mitigation measures shall be borne by Contractor.
6.29 Legal Actions Against the City
No representative, officer, or employee of City, no member of the governing body of the locality in which the Project is situated, no member of the locality in which City was activated, and no other public official of such Project No. 2010-01
City of Cupertino 00700-69 General Conditions
BBF Golf Course Maintenance
locality or localities who exercises any functions or responsibilities with respect to the Project, during the tenure of the official or for one year thereafter, shall, as principal, agent, attorney or otherwise, be directly or indirectly interested, in the Contract Documents or the proceeds thereof.
6.30 Limit of Liabiltiy
CITY, AND EACH OF ITS OFFICERS, THE CITY COUNCIL, EMPLOYEES, CONSULTANTS (INCLUDING WITHOUT LIMITATION CONSULTING ENGINEER) AND AGENTS INCLUDING, BUT
NOT LIMITED TO, ENGINEER EACH OTHER CITY REPRESENTATIVE SHALL HAVE NO LIABILITY
TO CONTRACTOR FOR SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, EXCEPT TO
THE LIMITED EXTENT THAT THESE CONTRACT DOCUMENTS OR APPLICABLE PUBLIC CONTRACTING STATUTES MAY SPECIFY THEIR RECOVERY.
SECTION 7. PROSECUTION AND PROGRESS OF WORK
7.1 Assignment
The performance of the Contract may not be assigned except upon the written consent of the Council. Consent will not be given to any proposed assignment which would relieve the original Contractor or surety of their responsibilities under the Contract.
Contractor may assign moneys due, or to become due under the Contract, and such assignment will be recognized by City, if given proper notice thereof, to the extent permitted by law, but any assignment of moneys shall be subject to all proper setoffs in favor of City and to all deductions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject to being used by City for the completion of the Work in the event that Contractor should be in default therein.
7.2 Notice to Proceed
The Contract Time will commence to run on the date indicated on the Notice to Proceed. Contractor shall not do any work at the site prior to the date on which the Contract Time commences to run.
7.3 Commencement of Work
Contractor shall not begin Work until receipt from City of the Notice to Proceed, and shall, upon receiving notice, begin Work within the time specified in the notice. The time specified in said notice will allow a period of at least 10 days after the date of said notice for commencement of Work. After receipt of said notice, Contractor shall diligently prosecute the Work to completion. Contractor shall provide, at least 24 hours in advance, written notice to City of Contractor’s intention to start Work and specify the date on which Contractor intends to start.
No Work shall begin until the Contract, bonds and certificates of insurance required by Section 2 have been received and approved.
7.4 Work Progress Schedule
A. General
Progress Schedule shall be based on and incorporate milestone and completion dates specified in Contract Documents.
Overall time of completion and time of completion for each milestone shown on Progress Schedule shall adhere to times in Document 00520 (Contract), unless an earlier (advanced) time of completion is requested by Contractor and agreed to by City. A Change Order shall formalize any such agreement.
1. City is not required to accept an earlier (advanced) schedule, i.e., one that shows early completion date(s) for the Contract Time.
2. Contractor is not entitled to extra compensation in event agreement is reached on an earlier (advanced) schedule and Contractor completes its Work, for whatever reason, beyond completion date shown in earlier (advanced) schedule but within the Contract Time.
3. A schedule showing the Work completed in less than the Contract Time, which has been accepted by City, shall be considered to have Project Float. The Project Float is the time Project No. 2010-01
City of Cupertino 00700-70 General Conditions
BBF Golf Course Maintenance
between the scheduled completion of the Work and Contract Substantial Completion. Project Float is a resource available to both City and Contractor.
4. Float Ownership: Neither City nor Contractor owns float. The Project owns the float. As such, liability for delay of any Substantial Completion or Final Completion date rests with the party whose actions, last in time, actually cause delay to a Substantial Completion or Final Completion date.
a. For example, in the event of unexcused delay by Party A and Party B, and if Party A uses some, but not all of the float and Party B later uses remainder of the float as well as additional time beyond the float, Party B shall be liable for the time that represents a delay to the Substantial Completion date.
b. Under this scenario, Party A would not be responsible for the time since it did not consume all of the float and additional float remained; therefore, the Substantial Completion Date was unaffected.
c Progress Schedule shall be the basis for evaluating job progress, payment requests, and time extension requests. Responsibility for developing Contract schedule and monitoring actual progress as compared to Progress Schedule rests with Contractor. d Failure of Progress Schedule to include any element of the Work or any inaccuracy in Progress Schedule will not relieve Contractor from responsibility for accomplishing the Work in accordance with the Contract. City’s acceptance of Schedule shall be for its use in monitoring and evaluating job progress, payment requests, and time extension requests, and shall not, in any manner, impose a duty of care upon City, or act to relieve Contractor of its responsibility for means and methods of construction. e Transmit each item under form approved by City.
• Identify Project with the City Project number, and name of Contractor. • Provide space for Contractor’s approval stamp and City’s review stamps. • Submittals received from sources other than Contractor will be returned to Contractor without City’s review.
Project No. 2010-01
City of Cupertino 00700-71 General Conditions
BBF Golf Course Maintenance
B. Initial and Original Progress Schedule
Initial Schedule submitted for review at the Preconstruction Conference shall serve as Contractor’s schedule for up to 30 Days after the Notice to Proceed.
Initial Schedule must indicate detailed plan for the Work to be completed in first 30 Days of the Contract; details of planned mobilization of plant and equipment; sequence of early operations; and procurement of materials and equipment. Show Work beyond 30 Days in summary form.
Contractor shall submit its Original Schedule for review no later than first progress payment. Original Schedule and all updates shall comply with all standards herein.
All Schedules shall be time-scaled.
All Schedules shall be cost- and resource-loaded. Accepted cost- and resource-loaded Schedule will be used as basis for monthly progress payments. Use of Initial Schedule for progress payments shall not exceed 30 Days.
Except as otherwise expressly provided in this Document, meet with City to review and discuss the each Schedule (i.e., Initial, Original and monthly updates) within seven Days after each Schedule has been submitted to City.
City’s review and comment on any Schedule shall be limited to Contract conformance (with sequencing, coordination, and milestone requirements).
Contractor shall make corrections to Schedule necessary to comply with Contract requirements and shall adjust Schedule to incorporate any missing information requested by City. Resubmit Initial Schedule if requested by City.
If Contractor is of the opinion that any of the Work included on its Schedule has been impacted, submit to City a written Time Impact Evaluation (TIE) in accordance with this Section. The TIE shall be based on the most current update of the Initial Schedule.
C. Schedule Format and Level of Detail
Each Schedule (Initial, Original and updates) shall indicate all separate fabrication, procurement and field construction activities required for completion of the Work, including but not limited to the following:
1. All Contractor, Subcontractor, and assigned Contractor work shall be shown in a logical work sequence that demonstrates a coordinated plan of work for all contractors. The intent is to provide a common basis of acceptance, understanding, and communication, as well as interface with other contractors.
2. Activities related to the delivery of Contractor and City-furnished equipment to be Contractor-installed per Contract shall be shown.
3. All activities shall be identified through codes or other identification to indicate the building (i.e. buildings, Site work) and Contractor/Subcontractor responsibility to which they pertain.
4. Break up the Work schedule into activities of durations of approximately 21 Days or less each, except for non-field construction activities or as otherwise deemed acceptable by City.
5. Show the critical path in red. For each activity, show early start, late start, early finish, late finish, durations measured in Days, float, resources, predecessor and successor activities, planned workday/week for the activity, man power loading, and scheduled/actual progress payments.
Seasonal weather conditions (which do not constitute a delay as defined herein) shall be considered in the planning and scheduling of all work influenced by high or low ambient temperatures or presence of high moisture for the completion of the Work within the allotted Contract Time.
Project No. 2010-01
City of Cupertino 00700-72 General Conditions
BBF Golf Course Maintenance
Failure by Contractor to include any element of Work required for performance of the Work on the detailed construction schedule shall not excuse Contractor from completing all Work required within the Contract Time.
A two-week “look ahead,” detailed daily bar chart schedule shall be updated and issued weekly.
Utilize computer-scheduling software, such as Microsoft Project software or approved equivalent, for all scheduling including schedule updates.
D. Monthly Schedule Update Submittals
Following acceptance of Contractor’s Initial Schedule, monitor progress of Work and adjust Schedule each month to reflect actual progress and any anticipated changes to planned activities.
Each Schedule update submitted shall be complete, including all information requested for the Initial Schedule and Original Schedule submittal.
Each update shall continue to show all Work activities including those already completed. These completed activities shall accurately reflect “as built” information by indicating when activities were actually started and completed, and Contractor warrants the accuracy of as-built information as shown.
Within five Days after monthly Schedule update, submit the updated Schedule.
Within five Days of receipt of above-noted revised submittals, City will either accept or reject monthly schedule update submittal.
1. If accepted, percent complete shown in monthly update will be basis for Application for Payment by Contractor. The schedule update shall be submitted as part of Contractor’s Application for Payment.
2. If rejected, update shall be corrected and resubmitted by Contractor before the Application for Payment is submitted.
Updating, changing or revising of any report, curve, schedule or narrative submitted to City by Contractor under this Contract, nor City’s review or acceptance of any such report, curve, schedule or narrative shall not have the effect of amending or modifying, in any way, the Contract Substantial Completion date or milestone dates or of modifying or limiting, in any way, Contractor’s obligations under this Contract.
E. Schedule Revisions
Updating the Schedule (Initial and Original) to reflect actual progress shall not be considered revisions to the Schedule. Since scheduling is a dynamic process, however, revisions to activity durations and sequences are expected on a monthly basis.
To reflect revisions to the Schedule, provide City with a written narrative with a full description and reasons for each Work activity revised. For revisions affecting the sequence of Work, provide a schedule diagram that compares the original sequence to the revised sequence of Work. Provide the written narrative and schedule diagram for revisions three Days in advance of the monthly schedule update. Clearly show and discuss any changes in the critical path.
Schedule revisions shall not be incorporated into any schedule update until City has reviewed the revisions. City may request further information and justification for schedule revisions and, within three Days, provide City with a complete written narrative response to City’s request.
Project No. 2010-01
City of Cupertino 00700-73 General Conditions
BBF Golf Course Maintenance
If City does not accept Contractor’s revision, and Contractor disagrees with City’s position, Contractor has seven Days from receipt of City’s letter rejecting the revision, to provide a written narrative providing full justification and explanation for the revision. Contractor’s failure to respond in writing within seven Days of City’s written rejection of a schedule revision shall be contractually interpreted as acceptance of City’s position, and Contractor waives its rights to subsequently dispute or file a claim regarding City’s position. If Contractor files a timely response as provided in this paragraph, and the parties are still unable to agree, Contractor’s sole right shall be to file a claim as provided in this Document.
At City’s discretion, Contractor can be required to provide Subcontractor certifications of performance regarding proposed schedule revisions affecting said Subcontractors.
F. Recovery Schedule
If a Schedule update shows a substantial completion date 21 Days beyond any Contract Substantial Completion date, or individual Milestone completion dates, submit to City within seven Days the proposed revisions to recover the lost time. As part of this submittal, provide a written narrative for each revision made to recapture the lost time. If the revisions include sequence changes, provide a schedule diagram comparing the original sequence to the revised sequence of Work. If City requests, show the intended critical path; secure appropriate Subcontractor and supplier consent to the recovery Schedule; submit a narrative explaining trade flow and construction flow changes, duration changes, added/deleted activities, critical path changes and identify all near critical paths and man hour loading assumptions for major Subcontractors.
The revisions shall not be incorporated into any Schedule update until City has reviewed the revisions.
If City does not accept Contractor’s revisions, City and Contractor shall follow the procedures in paragraphs above.
At City’s discretion, Contractor can be required to provide Subcontractor certifications for revisions affecting said Subcontractors.
G. Time Impact Evaluation (TIE) For Change Orders and Other Delays When Contractor is directed to proceed with changed work, prepare and submit, within 14 Days from the direction to proceed, a TIE that includes both a written narrative and a schedule diagram depicting how the changed work affects other schedule activities. The schedule diagram shall show how Contractor proposes to incorporate the changed work in the schedule, and how it impacts the current Schedule update critical path or otherwise. Contractor is also responsible for requesting time extensions based on the TIE’s impact on the critical path. The diagram shall be tied to the main sequence of scheduled activities to enable City to evaluate the impact of changed work to the scheduled critical path.
Comply with the requirements of this Section for all types of delays such as, but not limited to, Contractor/Subcontractor delays, adverse weather delays, strikes, procurement delays, fabrication delays, etc.
Contractor is responsible for all costs associated with the preparation of TIEs, and the process of incorporating TIEs into the current schedule update. Provide City with four copies of each TIE.
Once agreement has been reached on a TIE, the Contract Time will be adjusted accordingly. If agreement is not reached on a TIE, the Contract Time may be extended in an amount City allows, and Contractor may submit a claim for additional time claimed by Contractor as provided in this Document.
H. Time Extensions
Contractor is responsible for requesting time extensions for time impacts that, in the opinion of Contractor, impact the critical path of the current schedule update. Notice of time impacts shall be given in accordance with this Document
Where an event for which City is responsible impacts the projected Substantial Completion date, provide a written mitigation plan, including a schedule diagram, which explains how (e.g., increase Project No. 2010-01
City of Cupertino 00700-74 General Conditions
BBF Golf Course Maintenance
crew size, overtime, etc.) the impact can be mitigated. Also include a detailed cost breakdown of the labor, equipment, and material Contractor would expend to mitigate City-caused time impact. Submit mitigation plan to City within 14 Days from the date of discovery of said impact. Contractor is responsible for the cost to prepare the mitigation plan.
Failure to request time, provide TIE, or provide the required mitigation plan will result in Contractor waiving its right to a time extension and cost to mitigate the delay.
No time will be granted under the Contract Documents for cumulative effect of changes.
City will not be obligated to consider any time extension request unless requirements of Contract Documents are complied with.
Failure of Contractor to perform in accordance with the current schedule update shall not be excused by submittal of time extension requests.
Notwithstanding any other provision of this Section, if Contractor does not submit a TIE within the required 14 Days for any issue, Contractor hereby agrees that Contractor does not require a time extension for that issue.
I. Project Status Reporting
In addition to submittal requirements for scheduling identified in this Section, provide a monthly project status report (i.e., written narrative report) to be submitted in conjunction with each Schedule as specified herein. Status reporting shall be in form specified in this paragraph below.
Prepare monthly written narrative reports of status of Project for submission to City. Written status reports shall include:
1. Status of major Project components (percent complete, amount of time ahead or behind schedule) and an explanation of how Project will be brought back on schedule if delays have occurred.
2. Progress made on critical activities indicated on each Schedule, including inspections.
3. Explanations for any lack of work on critical path activities planned to be performed during last month.
4. Explanations for any schedule changes, including changes to logic or to activity durations.
5. List of critical activities scheduled to be performed during the next month.
6. Status of major material and equipment procurement.
7. Any delays encountered during reporting period.
8. Provide printed report indicating actual versus planned resource (labor, materials and equipment) loading for each trade and each activity. This report shall be provided on weekly and monthly basis.
a. Actual resource shall be accumulated in field by Contractor, and shall be as noted on Contractor’s daily reports. These reports will be basis for information provided in monthly and weekly printed reports.
b. Explain all variances and mitigation measures.
9. Contractor may include any other information pertinent to status of Project. Include additional status information requested by City at no additional cost.
10. Status reports, and the information contained therein, shall not be construed as claims, notice of claims, notice of delay, or requests for changes or compensation.
Project No. 2010-01
City of Cupertino 00700-75 General Conditions
BBF Golf Course Maintenance
At the close of each workday provide City with report of Contractor and its Subcontractors’ work activities for that day, including trades, equipment, work activities worked on, staff levels, and equipment deliveries.
7.5 Temporary Suspension of Work
By written order to Contractor, City may suspend the Work wholly or in part for an indefinite period, or for such period as City may deem necessary, for any of the following reasons:
• Weather conditions or other conditions which are unfavorable for the proper prosecution of the Work; • Failure of Contractor to carry out orders given or to perform any provisions of the Contract; or • The convenience and benefit of City.
Such suspension shall be effective upon receipt by Contractor of the written order suspending the Work and shall be terminated upon receipt by Contractor of the written order terminating the suspension.
If, under authority of Convenience and benefit of City, as stated above, City orders a suspension of all or a portion of the Work, which is the current controlling operation, it will be cause for a time extension if it affects the controlling item of Work.
7.6 Liquidated Damages
In case all the Work called for under the Contract in all parts and requirements is not finished or completed within the number of days as set forth in Document 00520 (Contract), it is agreed that damage will be sustained by City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which City will sustain in the event of and by reason of such delay; and it is, therefore, agreed that Contractor will pay to City the sum set forth in Document 00520 (Contract) per day for each and every day’s delay in finishing the Work in excess of the number of days prescribed; and Contractor agrees to pay said liquidated damages herein provided for, and further agrees that City may deduct the amount thereof from any moneys due, or that may become due, to Contractor under the Contract.
7.7 Termination of Control
Failure to supply an adequate working force or material of proper quality, or in any other respect to prosecute the Work with the diligence and force specified by the Contract, is grounds for termination of Contractor’s control over the Work and for taking over the Work by City.
7.8 Termination of Contract for Cause
Contractor shall be in default of the Contract Documents and City may terminate Contractor’s right to proceed under the Contract Documents, for cause, should Contractor commit a material breach of the Contract Documents and not cure such breach within ten (10) calendar days of the date of notice from City to Contractor demanding such cure; or, if such breach is curable but not curable within such ten (10) day period, within such period of time as is reasonably necessary to accomplish such cure. (In order for Contractor to avail itself of a time period in excess of 10 calendar days, Contractor must provide City within the ten (10) day period with a written plan acceptable to City to cure said breach, and then diligently commence and continue such cure according to the written plan).
In the event of termination by City as provided above for cause, Contractor shall deliver to City possession of the Work in its then condition, including but not limited to, all designs, engineering, Project records, cost data of all types, plans and specifications and contracts with vendors and subcontractors, all other documentation associated with the Project, and all construction supplies and aids dedicated solely to performing the Work which, in the normal course of construction, would be consumed or only have salvage value at the end of the construction period. Contractor shall remain fully liable for the failure of any Work completed and materials and equipment provided through the date of such termination to comply with the provisions of the Contract Documents. The provisions of this Section shall not be interpreted to diminish any right which City may have to claim and recover damages for any breach of the Contract Documents or otherwise, but rather, Contractor shall compensate City for all loss, cost, damage, expense, and/or liability suffered by City as a result of such termination and failure to comply with the Contract Documents.
In the event a termination for cause is later determined to have been made wrongfully or without cause, then the termination shall be treated as a termination for convenience, and Contractor shall have no greater rights than it would have had following a termination for convenience. Any Contractor claim arising out of a termination for Project No. 2010-01
City of Cupertino 00700-76 General Conditions
BBF Golf Course Maintenance
cause shall be made in accord with Section 9 herein. No other loss, cost, damage, expense or liability may be claimed, requested or recovered by Contractor.
7.9 Termination of Contract for Convenience
A. City may terminate performance of the Work under the Contract Documents in accordance with this clause in whole, or from time to time in part, whenever City shall determine that termination is in City’s best interest. Termination shall be effected by City delivering to Contractor notice of termination specifying the extent to which performance of the Work under the Contract Documents is terminated and the effective date of the termination.
B. After receiving a notice of termination, and except as otherwise directed by City, Contractor shall:
1. Stop Work under the Contract Documents on date and to extent specified in notice of termination;
2. Place no further orders or subcontracts for materials, services, or facilities except as necessary to complete portion of Work under the Contract Documents which is not terminated;
3. Terminate all orders and subcontracts to extent that they relate to performance of Work terminated by the notice of termination;
4. Assign to City in manner, at times, and to extent directed by City, all right, title, and interest of Contractor under orders and subcontracts so terminated. City shall have the right, in its sole discretion, to settle or pay any or all claims arising out of termination of orders and subcontracts;
5. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with approval or ratification of City to extent City may require. City’s approval or ratification shall be final for purposes of this section;
6. Transfer title to City, and deliver in the manner, at the times, and to the extent, if any, directed by City, all fabricated or un-fabricated parts, Work in process, completed Work, supplies, and all other material produced as part of, or acquired in connection with performance of, Work terminated by the notice of termination, and completed or partially completed drawings, drawings, specifications, information, and other property which, if the Project had been completed, would have been required to be furnished to City;
7. Use its best efforts to sell, in manner, at times, to extent, and at price or prices that City directs or authorizes, any property of types referred to in preceding paragraph, but Contractor shall not be required to extend credit to any purchaser, and may acquire any such property under conditions prescribed and at price or prices approved by City. Proceeds of transfer or disposition shall be applied to reduce payments to be made by City to Contractor under the Contract Documents or shall otherwise be credited to the price or cost of Work covered by Contract Documents or paid in such other manner as City may direct;
8. Complete performance of the part of the Work which was not terminated by the notice of termination; and
9. Take such action as may be necessary, or as City may direct, to protect and preserve all property related to Contract Documents which is in Contractor’s possession and in which City has or may acquire interest.
C. After receipt of a notice of termination, Contractor shall submit to City its termination claim, in form and with all certifications required by Section 9. Contractor’s termination claim shall be submitted promptly, but in no event later than 6 months from effective date of the termination. Contractor and City may agree upon the whole or part of the amount or amounts to be paid to Contractor because of a total or partial termination of Work under this Section. If Contractor and City fail to agree on the whole amount to be paid to Contractor because of the termination of the Work under this Section, City’s total liability to Contractor by reason of the termination shall be the total (without duplication of any items) of:
1. The reasonable cost to Contractor, without profit, for all Work performed prior to the effective date of the termination, including Work done to secure the Project for termination.
Reasonable cost may not exceed the applicable percentage completion values derived from the progress schedule and the schedule of values. Deductions shall be made for cost of materials to be retained by Contractor, cost of Work defectively performed, amounts realized by sale of materials, and for other appropriate credits against cost of Work. Reasonable cost Project No. 2010-01
City of Cupertino 00700-77 General Conditions
BBF Golf Course Maintenance
will include reasonable allowance for Project overhead and general administrative overhead not to exceed a total of ten percent of direct costs of such Work. When, in City’s opinion, the cost of any item of Work is excessively high due to costs incurred to remedy or replace defective or rejected Work, reasonable cost to be allowed will be the estimated reasonable cost of performing the Work in compliance with requirements of Contract Documents and excessive actual cost shall be disallowed.
2. A reasonable allowance for profit on cost of Work performed as determined in the preceding paragraph, provided that Contractor establishes to City’s satisfaction that Contractor would have made a profit had the Project been completed, and provided further that the profit allowed shall not exceed 5 percent of cost.
3. Reasonable costs to Contractor of handling material returned to vendors, delivered to City or otherwise disposed of as directed by City.
4. A reasonable allowance for Contractor’s internal administrative costs in preparing termination claim.
5. Except as provided in this Section, City shall not be liable for costs incurred by Contractor or Subcontractors after receipt of a notice of termination. Such non-recoverable costs include, but are not limited to, anticipated profits on Work not performed as of the date of termination, post-termination employee salaries, post-termination general administrative expenses, posttermination overhead or unabsorbed overhead, costs of preparing and submitting Contractor’s Bid, attorney’s fees of any type, and all costs relating to prosecution of claim or lawsuit.
6. City shall have no obligation to pay Contractor under this Section unless and until Contractor provides City with updated and acceptable as-builts and Project Record Documents for Work completed prior to termination.
D. In arriving at the amount due Contractor under this clause, there shall be deducted in whole (or in the appropriate part[s] if the termination is partial):
1. All unliquidated advances or other payments on account previously made to Contractor, including without limitation all payments applicable to the terminated portion of Contract Documents;
2. Any claim which City may have against Contractor in connection with Contract Documents; and
3. The agreed price for, or proceeds of sale of, any materials, supplies, or other things kept by Contractor or sold under provisions of this Section, and not otherwise recovered by or credited to City.
7.10 Contractor’s Cost Data
Contractor shall maintain cost accounting records for the contract pertaining to, and in such a manner as to provide a clear distinction between, the following six categories of costs of work during the life of the contact:
A. Direct costs of contract item work.
B. Direct costs of changes in character in conformance with Section 3.3, Change in Work.
C. Direct costs of extra work in conformance with Section 3.3, Change in Work.
D. Direct costs of work not required by the contract and performed for others.
E. Direct costs of work performed under a notice of potential claim in conformance with the provisions in Section 9.
F. Indirect costs of overhead.
See also section 3.4, Change in Contract Price, regarding cost accounting records for daily extra work.
City shall have the right to inspect, audit, and copy Contractor’s books and records related to the Project wherever located, and to inspect the Site, including Contractor’s trailer, or other job Site office, and this requirement shall be contained in the subcontracts of Subcontractors working on Site. Contractor shall maintain Project No. 2010-01
City of Cupertino 00700-78 General Conditions
BBF Golf Course Maintenance
in good order and City shall have the right to inspect and obtain copies of the following documents at all times:
all Contract Documents, all planning and design documents, all Bid Documents, all design modification proposals, all value engineering or other cost reduction proposals, all revisions made to the original design, and all job progress reports and photographs, and as-built drawings maintained by Contractor.
City or any of its duly authorized representatives shall, from start of work until the expiration of 4 years after filing the Notice of Completion and Acceptance under this Contract or any subcontract under it, have access to and the right to examine any of Contractor’s or subcontractor’s payrolls, records of personnel, invoices of materials, records of plant and equipment costs, and any and all other directly pertinent books, documents, papers, and records of such Contractor or subcontractors, involving transactions related to said Contract or subcontracts. In the event State or Federal funds are involved in the financing of the project, the State or Federal Government shall have the same rights of inspection as City.
The cost accounting records for this Contract shall be maintained separately from other contracts during the life of this Contract, and for a period of not less than 3 years after the date of acceptance of the Work. If Contractor intends to file claims against City, Contractor shall keep all required cost accounting records until complete resolution of all claims has been reached.
7.11 Coordination with Utilities
In general, the location of existing utility facilities as shown on the Drawings is approximate. This information has been obtained from utility maps furnished by the various agencies involved, and City does not guarantee either the correctness of locations or the extent of such locations.
Service laterals, such as house sanitary, water, electrical, gas, cable TV, storm or telephone cables, or appurtenances, may not all be shown on the Drawings. City may not indicate the presence of service laterals or appurtenances whenever the presence of such utilities can be inferred from the presence of other visible facilities, such as buildings, meter boxes or junction boxes, on or adjacent to the construction Site. No changes in the Contract Price or Contract time will be made due to the presence of unidentified or incorrectly located service laterals or appurtenances. It shall be the responsibility of Contractor to ascertain the exact location of the utility facilities.
Unless otherwise indicated on the Drawings or specified in the Specifications, Contractor shall maintain in service all utilities including house services, power, lighting, and telephone conduits, and any other surface or subsurface structure or facility of any nature that may be affected by the Work; provided, however, that Contractor, for convenience, may arrange with the owner to temporarily disconnect house service lines or other facilities along the line of the work. The cost of disconnecting and restoring such utilities shall be borne by Contractor.
In the event that a main or trunk line utility facility is encountered which interferes with the Work and is neither shown on the Drawings nor specified in the Specifications, Contractor shall immediately notify City in writing.
City will either have the appropriate utility company or public agency relocate the facility, or City will direct Contractor to relocate the facility in accordance with Section 3.3, Change in Work.
In the event that a main or trunk line utility facility is encountered which interferes with the Work and which Contractor believes is not shown on the Drawings or indicated in the Specifications with reasonable accuracy, Contractor shall immediately notify City in writing. Reasonable accuracy is defined as being within the tolerances noted on the Drawings. If City determines that the main or trunk line utility facility was shown on the Drawings or indicated in the Specifications with reasonable accuracy, Contractor shall be solely responsible for relocation or removal, and no additional time will be granted nor will additional compensation be made for any additional work required. If City determines that the main or trunk line utility facility was not shown on the Drawings or indicated in the Specifications with reasonable accuracy, City will either have the appropriate utility company or public agency relocate the facility, or City will direct Contractor to relocate the facility in accordance with Section 3.3, Change in Work.
When a delay in the completion of the project is caused by the failure of City or the owner of a utility facility to provide for removal or relocation of existing main or trunk line utility facilities which are not shown on the Drawings or indicated in the Specifications, or which are not shown on the Drawings or indicated in the Specifications with reasonable accuracy, the Contract time will be extended in accordance with Section 3.5, Change of Contract Time.
Project No. 2010-01
City of Cupertino 00700-79 General Conditions
BBF Golf Course Maintenance
7.12 Temporary Facilities
A. Temporary Electricity
Contractor shall provide, maintain, and pay for electrical power at the Site for construction purposes and for Contractor’s and Construction Manager’s trailers. Contractor must provide all necessary wiring and appurtenances for connection to City’s system.
B. Temporary Communications
Provide, maintain, and pay for all applicable communications and data services, without limitation, to Contractor’s field office commencing at time of Project mobilization, including all installation and connection charges.
C. Temporary Water
1. Provide, maintain, and pay for suitable quality water service required for construction operations.
2. All water required for and in connection with the Work, including without limitation for dust control, shall be furnished by and at the expense of Contractor. Contractor will be responsible for all costs/fees associated with water usage. Contractor shall furnish necessary pipe, hose, nozzles, meter, and tools and perform all necessary labor. Unnecessary waste of water will not be permitted. Special hydrant wrenches shall be used for opening and closing fire hydrants; in no case shall pipe wrenches be used for this purpose. Contractor to coordinate services with the appropriate Water Company.
D. Fence
1. All existing fences affected by the Work shall be maintained by Contractor until Final Completion. Fences which interfere with construction operations shall not be relocated or dismantled until City gives written permission to do so, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use.
2. On completion of the Work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. Contractor will be responsible for all costs associated with the relocating of the fence as required for new installation of work.
E. Temporary Sanitary Facilities
1. Provide and maintain required temporary buildings with sanitary toilets for use of all workers.
At a minimum, sanitary facilities shall be located at trailer site, staging area, and adjacent to work area and as far away from adjacent residences as possible. Location must be approved by City prior to placement.
2. Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. If toilets of the chemically treated type are used, at least one toilet will be furnished for each 20 persons. Contractor shall enforce the use of such sanitary facilities by all personnel at the Site.
3. Comply with all minimum requirements of the Health Department or other public agency having jurisdiction; maintain in a sanitary condition at all times.
7.13 Project Record Documents
A. Project Record Drawings
1. During the construction period, maintain a set of prints of Contract Drawings and Shop Drawings for Project Record Documents purposes. Label each document (on first sheet or page) “PROJECT RECORD” in 2-inch high printed letters. Keep record documents current.
Note: A reference by number to a Change Order, CCD, RFI, RFQ, RFP, Field Order or other such document is not acceptable as sufficient record information on any record document. Do not permanently conceal any Work until required information has been recorded Project No. 2010-01
City of Cupertino 00700-80 General Conditions
BBF Golf Course Maintenance
2. Mark the PROJECT RECORD drawings to indicate the actual installation where the installation varies appreciably from the installation shown originally. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. Items required to be marked include but are not limited to:
• Dimensional changes to the Drawings
• Revisions to details shown on the Drawings
• Depths of various elements of foundation level or survey datum • Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements
• Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure
• Locations of underground work, points of connection with existing utilities, changes in direction, valves, manholes, catch basins, capped stub outs, invert elevations, and similar items
• Actual numbering of each electrical circuit
• Field changes of dimension and detail
• Revisions to routing of piping and conduits
• Revisions to electrical circuitry
• Actual equipment locations
• Duct size and routing
• Changes made by Change Order or CCD
• Details not on original Contract Drawings
• Mark completely and accurately Project Record Drawing prints of Contract Drawings or Shop Drawings, whichever is the most capable of showing actual physical conditions. Where Shop Drawings are marked, show cross-reference on Contract Drawings location.
• Mark Project Record Drawing sets with red, erasable colored pencil; use other colors to distinguish between changes for different categories of the Work at the same location. • Mark important additional information that was either shown schematically or omitted from original Drawings.
• Note CCD numbers; alternate numbers, Change Order numbers, and similar identification.
• Responsibility for Mark-up: Where feasible, the individual or entity who obtained Project Record Drawing data, whether the individual or entity is the installer, Subcontractor, or similar entity, is required to prepare the mark-up on Project Record Drawings.
(a) Accurately record information in an understandable and legible drawing technique.
(b) Record data as soon as possible after it has been obtained. In the case of concealed installations, record and check the mark-up prior to concealment.
3. Preparation of Record Drawings: Immediately prior to inspection for Certification of Substantial Completion, review completed marked-up Project Record Drawings with City.
When authorized, prepare a full set of correct transparencies of Contract Drawings and Shop Drawings.
a. Incorporate changes and additional information previously marked on print sets.
Erase, redraw, and add details and notations where applicable. Identify and date each Drawing; include the printed designation “PROJECT RECORD DRAWING” in a prominent location on each Drawing.
b. Refer instances of uncertainty to City for resolution. c. Distribution: Whether or not changes and additional information were recorded, organize and bind original marked-up set of prints that were maintained during the Project No. 2010-01
City of Cupertino 00700-81 General Conditions
BBF Golf Course Maintenance
construction period into manageable sets. Bind the set with durable paper cover sheets, with appropriate identification, including titles, dates, and other information on cover sheets.
4. Distribution of Marked-Up Drawings: Submit the marked-up Project Record Drawings set to City for City’s records.
5. Shop Drawings and Samples: Maintain as record documents; legibly annotate Shop Drawings and Samples to record changes made after review.
B. Project Record Specifications
During the construction period, maintain one copy of the Project Specifications, including addenda and modifications issued, for Project Record Documents purposes.
Mark the Project Record Specifications to indicate the actual installation where the installation varies substantially from that indicated in Specifications and Modifications issued. Note related Project Record Drawing information, where applicable. Give particular attention to substitutions, selection of product options, Change Order and Construction Change Directive work, and information on concealed installation that would be difficult to identify or measure and record later.
1. In each Specification Section where products, materials or units of equipment are specified or scheduled, mark the copy with the proprietary name and model number of the product furnished.
2. Record the name of the manufacturer, catalog number, supplier and installer, and other information necessary to provide a record of selections made and to document coordination with Project Record Product Data submittals and maintenance manuals.
3. Note related Project Record Product Data, where applicable, for each principal product specified, indicate whether Project Record Product Data has been submitted in maintenance manual instead of submitted as Project Record Product Data.
4. Upon completion of mark-up, submit Project Record Specifications to City for City’s records.
C. Additional Requirements for Final Project Record Documents
1. Prior to Substantial Completion of the Work, City will make available to Contractor originals of the Drawings and Specifications, as current Microsoft® Word for Windows, and current AutoCAD Land Development Desktop for Windows in drawing format (.DWG) files. Note all changes thereon for the final Project Record Documents and provide one set of mylar reproducibles, one set of revised Specifications and one set of disks or CDs to be submitted to City.
2. After Substantial Completion and before Final Completion, carefully transfer all data shown on the job set of Record Drawings to the corresponding computer files, coordinating the information as required.
Clearly indicate at each affected detail and other drawings a full description of changes made during construction, and the actual location of items as previously specified. “Cloud” all affected areas.
Stamp each Record Drawing with the following information:
a. Project Record Document.
b. Prepared by: Contractor’s name, permanent address.
c. Date prepared.
d. Contractor’s signature.
e. City Project Number.
D. Project Record Product Data
1. During the construction period, maintain one copy of each Project Record Product Data submittal for Project Record Document purposes.
a. Mark Project Record Product Data to indicate the actual product installation where the installation varies substantially from that indicated in Project Record Product Data submitted. Include significant changes in the product delivered to the Site, and changes in manufacturer’s instructions and recommendations for installation.
Project No. 2010-01
City of Cupertino 00700-82 General Conditions
BBF Golf Course Maintenance
b. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later.
c. Note related Change Orders and mark-up of Project Record Drawings, where applicable.
d. Upon completion of mark-up, submit a complete set of Project Record Product Data to City for City’s records.
e. Where Project Record Product Data is required as part of maintenance manuals, submit marked-up Project Record Product Data as an insert in the manual, instead of submittal as Project Record Product Data.
f. Contractor is responsible for mark-up and submittal of Project Record Product Data for its own Work.
2. Material, Equipment, and Finish Data:
a. Provide data for primary materials, equipment and finishes as required under each Specification Section.
b. Submit two sets prior to final inspection, bound in 8-1/2 inches by 11 inches threering binders with durable plastic covers; provide typewritten table of contents for each volume.
c. Arrange by Specification Section number and give names, addresses, and telephone numbers of Subcontractors and suppliers. List:
Trade names.
Model or type numbers.
Assembly diagrams.
Operating instructions.
Cleaning instructions.
Maintenance instructions.
Recommended spare parts.
Product data.
E. Miscellaneous Project Record Submittals
Refer to other Specification Sections for miscellaneous record keeping requirements and submittals in connection with various construction activities. Immediately prior to Substantial Completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for use and reference. Submit to the City for City’s records. Categories of requirements resulting in miscellaneous records include, but are not limited to, the following:
• Field records on excavations and foundations
• Field records on underground construction and similar work • Survey showing locations and elevations of underground lines • Invert elevations of drainage piping
• Surveys establishing lines and levels
• Authorized measurements utilizing unit prices or allowances • Records of plant treatment
• Ambient and substrate condition tests
• Certifications received in lieu of labels on bulk products • Batch mixing and bulk delivery records
• Testing and qualification of tradespersons
• Documented qualification of installation firms
• Load and performance testing
• Inspections and certifications by governing authorities • Leakage and water-penetration tests
• Fire resistance and flame spread test results
• Final inspection and correction procedures
Project No. 2010-01
City of Cupertino 00700-83 General Conditions
BBF Golf Course Maintenance
F. Recording
Post changes and modifications to the Contract Documents as they occur. Do not wait until the end of the Project. City may periodically review Project Record Documents to assure compliance with this requirement.
G. Submittal
1. At completion of Project, deliver Project Record Documents to City.
2. Accompany submittal with transmittal letter containing:
a. Date
b. Project title and number
c. Contractor’s name and address
d. Number and title of each Project Record Document
e. Certification that each document as submitted is complete and accurate, and signature of Contractor or Contractor’s authorized representative.
7.14 Preconstruction Conference
City will call for and administer Preconstruction Conference at time and place to be announced (usually the week prior to start of Work at the Site).
Contractor, all major Subcontractors, and major suppliers shall attend Preconstruction Conference.
Agenda will include, but not be limited to, the following items. Schedules
Personnel and vehicle permit procedures
Use of premises
Location of the Contractor’s on-Site facilities
Security
Housekeeping
Submittal and RFI procedures
Inspection and testing procedures, on-Site and off-Site Utility shutdown procedures
Control and reference point survey procedures
Injury and Illness Prevention Program
Contractor’s Initial Schedule
Contractor’s Schedule of Values
Contractor’s Schedule of Submittals
City will distribute copies of minutes to attendees. Attendees shall have 7 Days to submit comments or additions to minutes. Minutes will constitute final memorialization of results of Preconstruction Conference.
7.15 Weekly Progress Meeting
City will schedule and administer weekly progress meetings throughout duration of Work. Progress meetings will be held weekly unless otherwise directed by City.
Project No. 2010-01
City of Cupertino 00700-84 General Conditions
BBF Golf Course Maintenance
Meetings shall be held at Contractor’s on-Site office unless otherwise directed by City.
An City representative will prepare agenda and distribute it 4 Days in advance of meeting to Contractor.
City will record. Within 3 Days after meeting, City will distribute minutes to Contractor, who will distribute to those affected by decisions made at meeting. Attendees can either submit comments or additions to minutes prior to the next progress meeting, or may attend the next progress meeting and submit comments or additions there. Minutes will constitute final memorialization of results of meeting.
Progress meetings shall be attended by Contractor’s job superintendent, major Subcontractors and suppliers, City, and others as appropriate to agenda topics for each meeting.
Agenda will contain the following items, as appropriate:
• Review, revise as necessary, and approve previous meeting minutes • Review of Work progress since last meeting
• Status of Construction Work Schedule, delivery schedules, adjustments • Submittal, RFI, and Change Order status
• Review of the Contractor’s safety program activities and results, including report on all serious injury and/or damage accidents
• Other items affecting progress of Work
7.16 Right of Way Delays
If, through the failure of the City to acquire or clear right of way, Contractor sustains loss which could not have been avoided by the judicious handling of forces, equipment and plant, there shall be paid to the Contractor that amount that the Engineer may find to be a fair and reasonable compensation for that part of the Contractor's actual loss, that, in the opinion of the Engineer, was unavoidable, determined as follows:
Compensation for idle time of equipment will be determined in the same manner as determinations are made for equipment used in the performance of extra work paid for on a force account basis, as provided in Section 3.04 of this document with the following exceptions:
• The right of way delay factor for each classification of equipment shown in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is a part of the contract, will be applied to that equipment rental rate. • The time for which the compensation will be paid will be the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day. • The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay, except that when rental of equipment is paid for under the provisions in Section 3.4, Change in Contract Price, no payment will be made for right of way delays in conformance with the provisions of Section 7.11, Coordination with Utilities.
Actual loss shall be understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment and cost of longer hauls. Compensation for idle time of equipment will be determined as provided in this Section and compensation for idle time of workers will be determined as provided in Section 3.4, Change in Contract Price, and no markup will be added in either case for overhead and profit.
The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work as provided in Section 3.3, Change in Work.
If performance of the Contractor's work is delayed as the result of the failure of the City to acquire or clear right of way, an extension of time determined pursuant to the provisions in Section 7.6, Liquidated Damages, will be granted.
Project No. 2010-01
City of Cupertino 00700-85 General Conditions
BBF Golf Course Maintenance
SECTION 8. MEASUREMENT AND PAYMENT
8.1 Measurement of Quantities
All Work except Work based on time and materials will be paid for at a contract price per unit of measurement and will be measured by City in accordance with the United States Standard Measures and Metric. Unless otherwise specifically provided, City will compute quantities by a method which, in City’s opinion, is best suited to obtain an accurate determination. The weights of metalwork, pipe, and other metal parts to be paid for on the basis of weight, will be determined by City. City will not provide scales for weighing material. City will determine the weight of each part or item in the most practicable manner and will use for that purpose manufacturer’s weights, or in their absence, catalog weights or estimated weights, in that order; provided, that weights of nonmetallic coatings will be excluded.
8.2 Deductions from Payments
City may, at its option and at any time, retain out of any amounts due Contractor, sums sufficient to cover claims, filed pursuant to Section 3179 et seq. of the Civil Code.
8.3 Progress Payment
Unless otherwise agreed, Contractor shall submit to City, on or before the first (1st) day of each month, five (5) copies of a request for payment for the cost of the Work put in place during the period from the 1st day of the previous month to the 30th day of the previous month. Such requests for progress payments shall be based upon prices of all labor and acceptable materials incorporated in the Work up until midnight of the last day of that one month period, less the aggregate of previous payments. If Contractor is late submitting its payment request, that payment request may be processed at any time during the succeeding one month period, resulting in processing of Contractor’s payment request being delayed for more than a day for day basis.
Acceptable materials shall be those materials which will become a part of the finished construction work. The basis for partial payments of lump sum or other unit Contract items will be determined by Contract between City and Contractor. City shall retain 10 percent of such estimated value of work done and 10 percent of the value of the materials so estimated to have been furnished and delivered and unused as aforesaid, and shall pay to Contractor, while carrying on the Work, the balance not retained as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the Contract. However, at any time after 50 percent of the Work has been completed, if City finds that satisfactory progress is being made, City may make any of the remaining progress payments in full for actual Work completed, or may withhold any amount up to 10 percent thereof, as City may find appropriate, based on Contractor’s progress. No such estimate or payment shall be required to be made when, in the judgment of City, the Work is not proceeding in accordance with the provisions of the Contract, or when, in City’s judgment, the total value of the Work done since the last estimate amounts to less than $1,000. No such estimate or payment shall be considered to be an acceptance of any defective Work or improper materials. All progress estimates and payments shall be subject to correction in the final estimate.
Contractor shall, at the time any payment request is submitted, certify in writing the accuracy of the payment request and that Contractor has fulfilled all scheduling requirements of this Document 00700 including updates and revisions. The certification shall be executed by a responsible officer of Contractor.
When an item of work is designated as (F) in the Bid Form, (Document 00400), the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions, except as otherwise provided for minor structures in Caltrans Standard Specifications, Section 51, "Measurement." If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.
The estimated quantity for each item of work designated as (F) in the Bid Form, (Document 00400) shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.
Project No. 2010-01
City of Cupertino 00700-86 General Conditions
BBF Golf Course Maintenance
In case of discrepancy between the quantity shown in the Bid Form for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the Bid Form.
When an item of work is designated as (P) in the Bid Form, (Document 00400), a portion of the estimated quantity for that item of work shall be eligible for partial payment.
8.4 Final Payment
As soon as practicable after Final Acceptance of the Work, Contractor shall submit to City five (5) copies of a final request for payment for the cost of the Work, which request will show deductions for prior payments and any other amounts to be retained under Section 8.2, Deduction from Payments. The amount determined due, less the amount retained, will be paid. This retained amount will not be due or payable until 35 days after the completion of all of the Work including punch list items and the recording of Notice of Completion and Final Acceptance in the manner provided by law, and until after Contractor has furnished City a release of any and all claims by Contractor or Subcontractors (Document 00650) against City arising by virtue of this Contract, except such claims in definite amounts as Contractor may specifically exempt from the operation of the release and the furnishing of any guaranty.
8.5 Scope of Payment
Payment for all items of Work at the unit or lump sum price shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to complete the item of Work, and no additional allowance will be made therefor.
Payment for items of Work which are called for in the Specifications or shown on the Drawings but which are not separately identified in the Bid form shall be compensated as part of the bid price of one or more of the items which are listed, and no additional allowance will be made therefor.
8.6 Substitution Of Securities In Lieu Of Retention
Pursuant to provisions of Public Contract Code Section 22300, substitution of securities for any monies withheld under the Contract Documents to insure performance is permitted under following conditions:
At request and expense of Contractor, securities listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and City which are equivalent to the amount withheld under retention provisions of the Contract Documents shall be deposited with Controller or with a state or federally chartered bank in California, as the escrow agent, who shall then pay such monies to Contractor. Upon final acceptance and 35 days after the completion of all of the work including punch list items and the recording of the Notice of Completion, securities shall be returned to Contractor.
Alternatively, Contractor may request and City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities and Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by Contractor. Upon final acceptance and 35 days after the completion of all of the work including punch list items and the recording of the Notice of Completion, Contractor shall receive from escrow agent all securities, interest, and payments received by the escrow agent from City, pursuant to the terms of this section. Contractor shall pay to each subcontractor, not later than twenty (20) Days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to insure the performance of Contractor.
Contractor shall be beneficial owner of securities substituted for monies withheld and shall receive any interest thereon.
Contractor shall enter into escrow agreement according to Document 00680 (Escrow Agreement), as authorized under Public Contract Code Section 22300, specifying amount of securities to be deposited, terms and conditions of conversion to cash in case of default of Contractor, and termination of escrow upon completion of the Contract Work.
Project No. 2010-01
City of Cupertino 00700-87 General Conditions
BBF Golf Course Maintenance
8.7 Effect of Payment
Payment will be made by City, based on City’s observations at the Site and the data comprising the Application for Payment. Payment will not be a representation that City has:
• Made exhaustive or continuous on-Site inspections to check the quality or quantity of Work; • Reviewed construction means, methods, techniques, sequences, or procedures; • Reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by City to substantiate Contractor’s right to payment; or made examination to ascertain how or for what purpose Contractor has used money previously paid on account of the Contract Sum.
SECTION 9. CLAIMS BY CONTRACTOR
9.1 General
A Contract Interpretation Disputes:
Should it appear to Contractor that the Work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, Contractor shall give written notice to City.
Contractor shall bear all costs incurred in the giving of such notice. All issues regarding the interpretation of the Specifications shall be referred to City for interpretation and determination. City shall have the right but not the obligation to affirm or disaffirm any City interpretation of the Plans or Specifications, which affirmance or disaffirmance shall be final. All issues regarding the Contract Documents shall be determined by City whose determination shall be final. If Contractor should disagree with City’s determination regarding any aspect of the Contract Documents, Contractor’s sole and exclusive remedy is to file a claim in accordance with this Section. Notwithstanding and pending the resolution of any claim, Contractor shall diligently prosecute the Disputed Work (as defined in following paragraphs) to Final Completion.
B Work Disputes:
Should any dispute arise under the Contract Documents respecting the true value of any Work performed, the implementation of the Work required by the Contract Documents, any Work omitted, any extra Work which Contractor may be required to perform or time extensions, respecting the size of any payment to Contractor during the performance of the Contract Documents, or of compliance with Contract Documents procedures, the dispute shall be decided by City and its decision shall be final and conclusive. If Contractor disagrees with City’s decision, Contractor’s sole and exclusive remedy is to file a claim in accordance with this Section. Notwithstanding and pending the resolution of any claim, Contractor shall diligently prosecute the Disputed Work to Final Completion.
The claim notice and documentation procedure described in this Section applies to all claims and disputes arising under the Contract Documents, including without limitation any claim or dispute by any Subcontractor or material supplier. All Subcontractor and supplier claims of any type shall be brought only through Contractor as provided in this Section. Under no circumstances shall any Subcontractor or supplier make any direct claim against City. “Claim” means a written demand or written assertion by Contractor seeking, as a matter of right, the payment of money, the adjustment or interpretation of the Contract Documents terms, or other relief arising under or relating to the Contract Documents. In order to qualify as a “claim,” the written demand must state that it is a claim submitted under this Section.
A voucher, invoice, payment application, or other routine or authorized form of request for payment is not a claim under the Contract Documents. If such request is disputed as to liability or amount, then the disputed Portion of the submission may be converted to a claim under the Contract Documents by submitting a separate claim in compliance with claim submission requirements.
The provisions of this Section constitute a non-judicial claim settlement procedure, and also a claim presentment procedure by agreement under Section 930.2 of the Government Code, shall survive termination or completion of the Contract Documents, and may not be changed, waived, modified, or its requirements reduced absent a written change order approval by City Council. Contractor shall bear Project No. 2010-01
City of Cupertino 00700-88 General Conditions
BBF Golf Course Maintenance
all costs incurred in the preparation and submission of a claim. Pursuant to Government Code Section 930.2, the one-year period in Government Code section 911.2 shall be reduced to 150 days. Any claims presented in accordance with the Government Code shall affirmatively indicate Contractor’s prior compliance with the claims procedure herein and previous dispositions under Section 9.2, Procedures, below.
Contractor shall impose the claim notice and documentation requirements in this Contract on Contractor’s subcontractors of all tiers, and require them to submit to Contractor all claims against Contractor and/or City within the times and containing the documentation required by this Section.
The claim notice and documentation procedure described in this Section applies to all claims and disputes arising under the Contract Documents, whether or not specifically referred to in any specific Portion of the Contract. Government Code Section 930.2 et. seq. applies to this procedure.
9.2 Procedures
Should any clarification, determination, action or inaction by City, Work, or any other event, in the opinion of Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in Contractor seeking additional compensation in time or money for any reason (collectively “Disputed Work”), then Contractor and City shall make good faith attempts to resolve informally any and all such issues, claims and/or disputes. Before commencing the Disputed Work, or within seven (7) Days after Contractor’s first knowledge of the Disputed Work, whichever is earlier, Contractor must file a written notice of the Disputed Work with City stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract Documents. If a written notice of Disputed Work is not issued within this time period, or if Contractor proceeds with the Disputed Work without first having given the notice required by this Section, Contractor shall waive its rights to further claim on the specific issue.
City will review Contractor’s timely notice of Disputed Work and provide a decision. If, after receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of the Contract Documents, it shall so notify City, in writing, within seven (7) Days after receiving the decision, that a formal claim will be issued. Within thirty (30) Days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor’s failure to furnish notification within seven (7) Days and all justifying documentation within thirty (30) Days will result in Contractor waiving its right to the subject claim. If Disputed Work persists longer than thirty (30) days, then Contractor shall, every thirty (30) days until the Disputed Work ceases, submit to City a document titled “Claim Update” which shall update and quantify all elements of the Claim as completely as possible. Contractor’s failure to submit a Claim Update or to quantify costs every thirty (30) days shall result in waiver of the claim for that thirty (30) day period. Claims or Claim Updates stating that damages will be determined at a later date shall not comply with this Section and shall result in Contractor waiving its claim(s).
Upon receipt of Contractor’s formal claim including all arguments, justifications, cost or estimates, schedule analysis, and documentation supporting its position as previously stipulated, City or its designee will review the issue and render a final determination. City may in its discretion conduct an administrative hearing on Contractor’s claim, in which case Contractor shall appear, participate, answer questions and inquiries, and present any further evidence or analysis requested by City to evaluate and decide Contractor’s claim.
If Contractor’s claims at project completion total less than $375,000, then claims resolution shall proceed in the manner prescribed by Section 1.5, Chapter 1, Part 3 of Division 2 of the California Public Contract Code. If such claims exceed $375,000, then Contractor shall prepare a compendium of claims not resolved as a result of these procedures, and submit them in a claim submitted under the Government Claims Act, Government. Code Section 901 et seq., for final investigation and consideration of their settlement prior to initiation of any litigation thereon, as required by Government Code Section 945.4. For all claims under or over $375,000, pursuant to Government Code Section 930.2, the one-year period in Government Code Section 911.2 shall be reduced to 150 days.
Claims shall be calculated in the same manner as Change Orders per Section 3, Scope of Work. Except where provided by law, or elsewhere in these contract documents, if applicable, City shall not be liable for special or consequential damages. Contractor shall be limited in it’s recovery on claims to the change order calculations set forth in Section 3, Scope of Work.
Project No. 2010-01
City of Cupertino 00700-89 General Conditions
BBF Golf Course Maintenance
9.3 Claim Format
Contractor shall submit the claim justification in the following format: (a) Cover letter and certification of the accuracy of the contents of the claim, (b) summary of claim including underlying facts, entitlement, quantum calculations and Contract Document provisions supporting relief, (c) list of documents relating to claim including specifications, Plans, clarifications/requests for information, schedules, cost calculations, and other supporting documents, (d) chronology of events and correspondence, (e) analysis of claim merit, (f) analysis of claim cost, and (g) attach supporting documents referenced in (c).
9.4 Mediation
All claims not subject to the claim resolution procedures set forth in Section 9.2, Procedures, shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be non-binding and utilize the services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, a mediator selected by the American Arbitration Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation’s conclusion. All unresolved claims shall be submitted to the same mediator.
The cost of mediation shall be equally shared.
9.5 Exclusive Remedy
Contractor’s performance of its duties and obligations specified in this Section and submission and mediation of a claim as provided in this Section is Contractor’s sole and exclusive remedy for the payment of money, extension of time, the adjustment or interpretation of Contract Documents terms or other contractual or tort relief arising from the Work. This exclusive remedy and the limitation of liability (expressed herein and elsewhere throughout the Contract Documents) apply notwithstanding the completion, termination, suspension, cancellation, breach or rescission of the Work or the Contract Documents, negligence or strict liability by City, its representatives, consultants or agents, or the transfer of the Work or the Project to City for any reason whatsoever. Contractor waives all claims of waiver, estoppel, release, bar, or any other type of excuse for noncompliance with the claim submission requirements. Compliance with the claim submission and mediation procedures described in this Section is a condition precedent, and a prerequisite within the meaning of Section 930.6 of the Government Code, to the right to commence litigation or to seek to file a Government Code Claim (where applicable) or to commence any other legal action. No claim or issue not raised in a timely protest and timely claim submitted under this Section may be asserted in any Government Code Claim, in any subsequent litigation, or in any legal action. If Contractor fails to raise any claim(s) or issue(s) in a timely protest and timely claim submitted under this Section, then Contractor may not thereafter assert such claim(s) or issue(s) in any Government Code Claim, subsequent litigation, or legal action. City shall not be deemed to have waived any provision under this Section, if at City’s sole discretion, a claim is accepted in a manner not in accord with Section.
END OF DOCUMENT
Project No. 2010-01
DOCUMENT 00800
SPECIAL CONDITIONS
PART 1 GENERAL
1.1 SUMMARY
A. Document includes summary of Work including:
1.2 Work Covered By Contract Documents
1.3 Bid Items, Allowances, and Alternates
1.4 Work Under Other Contracts
1.5 Contract Time
1.6 Contract Security/Bond
1.7 Work Sequence
1.8 Contract Commencement Meeting and Reporting
1.9 Work Days and Hours
1.10 Payment
1.11 Cooperation of Contractor and Coordination with Other Work
1.12 Maintenance, Product Handling and Protection
1.13 Partial Occupancy/Utilization Requirements
1.14 Contractor Use of Premises
1.15 Lines and Grades
1.16 Protection of Existing Property, Structures and Utilities
1.17 Damage to Existing Property
1.18 Dust Control
1.19 Parking
1.20 Lay down / Staging Area
1.21 Permits
1.22 Punch List Verification
1.23 Actual Damages for Violations
1.24 Unfavorable Construction Conditions
1.25 Construction Site Access
1.26 Site Administration
1.27 Weather Delay
1.28 Project Record Documents
1.29 City Supplied Materials
1.30 Mobilization
2.1 Products Ordered In Advance (N/A)
2.2 City-Furnished Products
1.2 WORK COVERED BY CONTRACT DOCUMENTS
A. Work generally consists of providing maintenance to the Blackberry Farm Golf Course, located at 22100 Stevens Creek Blvd., Cupertino.
B. The Work of this Contract includes work covered by unit price and or lump sum.
C. Unless provided otherwise in the Contract Documents, all risk of loss to Work covered by Contract Documents shall rest with Contractor until Final Acceptance of the Work.
D. Contractor’s use of the premises for trailer, storage and parking is limited to the construction area as approved by the City.
E. Contractor shall be solely responsible for all utilities (including without limitation electricity, water, gas, etc.) at the Site.
City of Cupertino 00800- 1 Special Conditions
F. Existing equipment removed but not reused, as a part of the Work, shall be returned to the City where indicated. Contractor shall carefully remove all equipment, specified or indicated to be salvaged and reused, or to remain the property of City. Contractor shall store and protect salvaged items specified or BBF Golf Course Maintenance
Project No. 2010-01
indicated to be reused in the Work. Salvaged items not to be reused in the Work, but to remain City’s property shall be delivered by Contractor in good condition to City.
Any items indicated to be salvaged which are damaged in removal, storage, or handling, through carelessness or improper procedures, shall be replaced by Contractor in kind or with new items. Contractor may furnish and install new items, in exchange for those indicated to be salvaged, in which case such removed items will become Contractor’s property. Existing materials and equipment, removed by Contractor, shall not be reused in the Work except where so specified or indicated.
G. This Document and Document 00700 (General Conditions) and the Special Provisions includes measures that Contractor shall follow to execute the work.
1.3 BID ITEMS, ALLOWANCES, AND ALTERNATES
Bid Items
A. Any Bid Item may be deleted from the Work and Contract Sum, in total or in part, prior to or after award of Contract, without compensation in any form or adjustment of other Bid Items or prices therefore, in accordance with Document 00700 (General Conditions).
B. Payment of all items is subject to the provisions of the Document 00700 (General Conditions).
C. For all Bid Items, furnish and install all work indicated and described in Specifications and all other Contract Documents, including connections to existing systems. Work and requirements applicable to each individual Bid Item, or unit of Work, shall be deemed incorporated into the description of each Bid Item.
Bidder should take particular notice that any and all items of Work, called for in the Construction Documents, but not included in a description of any specific bid item, shall be considered as included in one (1) or more of the bid items and that no additional compensation for those items of Work, beyond the Base Bid, will be allowed. Work of this nature includes, but is not limited to, such items as flagmen, water, all safety requirements, or work and materials required to provide public convenience and safety, barricades, lights, vehicular detours, and pedestrian walkways.
D. For Lump Sum Bid items, bidder shall determine and include in its pricing all materials, labor, and equipment necessary to complete each Bid Item as shown and specified in the Contract Documents.
Allowances: NOT USED
A. Allowance work shall be completed only after the Allowance Authorization Letter is issued and as specified in Document 00700 (General Conditions) Identify Allowance Item work on the Progress Schedules and on Applications for Payment.
B. The Amount given on Document 00400 under each Allowance Item is the sum of money set aside for each Allowance Item. These amounts shall be included in the Contract Sum on the Bid Form.
C. If the cost of work done under any Allowance Item is less than the amount given on the Bid Form under that Allowance Item, the Contract Sum shall be reduced by the difference between the amount given in the Bid Form and the cost of work actually done.
D. Scope of Allowances: NOT USED
E. Description of Allowances:
1.4 WORK UNDER OTHER CONTRACTS
Work at the site performed by others may include Landscaping and maintenance by a City’s contractor.
1.5 CONTRACT TIME
The Contract Time will commence on July 1, 2010.
The term of this contract shall be two (2) years from the start date of the contract. The City shall retain the option to extend the term of the contract on a year-to-year basis not exceeding three (3) years from the expiration of the original term, for a possible total of five (5) years.
Any such renewal after the first two (2) 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. Any such renewal shall contain the same provisions as the original contract, including and 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 City of Cupertino 00800- 2 Special Conditions
BBF Golf Course Maintenance
Project No. 2010-01
change in the Consumer Price Index (CPI) as of April of 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 firs two years of the contract.
1.6 CONTRACT SECURITY/BOND
The Contractor shall furnish a surety bond in the amount equal to four months of the contract price as security for the faithful performance of the contract.
1.7 WORK SEQUENCE
Contractor shall allow safe passage thru the course at all times. The patrons must be allowed to use the facilities at all times.
1.8 CONTRACT COMMENCEMENT MEETING AND REPORTING
The City will schedule a contract commencement meeting prior to the Contractor starting work. Contractor shall supply the following information at the meeting: list of pesticides, fertilizers, weed controls and any other chemicals to be used on site. Information shall contain the type of chemical, application rate and the manor of application, which must be approved by the City prior to start of work. Use of copper-based pesticides, diazinon, organophosphates, and chlorpyrifos is prohibited. Contractor is encouraged to recommend the use of less toxic alternatives for all chemicals. This reporting is required to be given to the City and to Santa Clara County.
City may request periodic meetings with the Contractor’s Integrated Pest Manager to discuss the facilities.
Annually provide evidence that Contractor’s foreman or lead worker is properly trained on current Integrated Pest Management techniques. Monthly reporting of the date, specific location, active ingredient, trade name, EPA#, quantity, and target pest is required by the 5th day of every month on each chemical used during the previous month.
1.9 WORK DAYS AND HOURS
Work hours and noise pose a special concern for projects in residential neighborhoods. The City is very concerned for its residents and will diligently enforce the restrictions below. Each violation of the restrictions by the general contractor, subcontractors, suppliers, Vendors and others working on the project will result in a $2,000 penalty being assessed against the General Contractor and deducted from each progress payment.
A. Work Hours: 7:00 a.m.-8:00 p.m. local time seven days a week.
B. Work Noise Hours: No work may take place that generates 50dBA of noise within 25 feet of the source before 7:00 a.m. or after 8:00 p.m. on any day of the week.
C. Equipment and Material Delivery and Off-Haul Hours: No equipment or material may be delivered or off-hauled except between the hours of 7:00 a.m. and 8:00 p.m. No equipment that has a safety back up beeper may be operated before 7:00 a.m. on any day.
1.10 PAYMENT
Payment shall be made monthly. Contractor shall invoice.
1.11 COOPERATION OF CONTRACTOR AND COORDINATION WITH OTHER WORK A. Coordinate with City and any City forces, or other contractors and forces, as required by Document 00700 (General Conditions) and this document. City’s facility will be accessible and useable at all times.
B. The existing facilities must be kept open to the public for the duration of the project.
1.12 MAINTENANCE, PRODUCT HANDLING, AND PROTECTION
A. Transport, deliver, handle, and store materials and equipment at the Site in such a manner as to prevent the breakage, damage or intrusions of foreign matter or moisture, and otherwise to prevent damage.
City of Cupertino 00800- 3 Special Conditions
BBF Golf Course Maintenance
Project No. 2010-01
B. Hazardous substance compliance: Provide City with copies of the OSHA Material Safety Data Sheets (MSDS) for all products containing a hazardous substance, examples: Adhesives, paints, sealants, and the like.
C. Packaging: Provide packaged material in manufacturer’s original containers with seals unbroken and labels intact until incorporated into the Work.
D. Remove all damaged or otherwise unsuitable material and equipment promptly from the Site.
E. Protection: Protect all finished surfaces.
F. Asbestos Removal: If, during the progress of the Work, suspected asbestos-containing products are identified, Contractor shall stop work in the affected area and engage an asbestos removal Subcontractor to verify the materials and, if necessary, encapsulate, enclose, or remove and dispose of all asbestos in accordance with current regulations of the Environmental Protection Agency and the U. S. Department of Labor – Occupational Safety and Health Administration, the state asbestos regulating agency, and any local government agency. Payment for such work will be made by Change Order.
Asbestos Removal Subcontractor’s Qualifications. The Subcontractor for asbestos removal shall be regularly engaged in this type of activity and shall be familiar with the regulations that govern this work.
The Subcontractor shall demonstrate to the satisfaction of City that it has successfully completed at least three asbestos removal projects, that it has the necessary staff and equipment to perform the work, and that it has an approved site for disposal of the asbestos. Liability insurance covering the asbestos abatement work shall be provided as specified in the Supplementary Conditions.
Asbestos Removal Methods. The asbestos removal Subcontractor shall submit a work plan of its proposed removal procedure to City before beginning work and shall certify that the methods are in full compliance with the governing regulations. The work plan shall cover all aspects of the removal, including health and safety of employees and building occupants, hygiene facilities, employee certification, clearance criteria, transportation and disposal, enclosure techniques, and other techniques appropriate for the proposed work.
1.13 PARTIAL OCCUPANCY/UTILIZATION REQUIREMENTS: NOT APPLICABLE A. Allow City to take possession of and use any completed or partially completed portion of the Work during the progress of the Work as soon as is possible without interference to the Work.
B. Possession, use of Work, and placement and installation of equipment by City shall not in any way evidence the completion of the Work or any part of it.
C. Contractor shall not be held responsible for damage to the occupied part of the Work resulting from City occupancy.
D. Make available, in areas occupied, on a 24-hour per day and 7-day per week basis if required, any utility services in condition to be put in operation at the time of occupancy.
1. Responsibility for operation and maintenance of said equipment shall remain with Contractor.
2. Make, and City shall certify, an itemized list of each piece of equipment so operated with the date operation commences.
3. Itemized list noted above shall be basis for commencement of warranty period for equipment.
4. City shall pay for utility cost arising out of occupancy by City during construction.
E. Use and occupancy by City prior to acceptance of Work does not relieve Contractor of its responsibility to maintain insurance and bonds required under the Contract until entire Work is completed and accepted by City.
F. Prior to date of Final Acceptance of the Work by City, all necessary repairs or renewals in Work or part thereof so used, not due to ordinary wear and tear, but due to defective materials or workmanship or to operations of Contractor, shall be made at expense of Contractor, as required in Document 00700 (General Conditions).
G. Use by City of Work or part thereof as contemplated by this Document 00800 shall in no case be construed as constituting acceptance of Work or any part thereof. Such use shall neither relieve Contractor of any responsibilities under Contract, nor act as waiver by City of any of the conditions thereof.
H. City may specify in the Contract Documents that portions of the Work, including electrical systems or separate structures, shall be substantially completed on dates described in preceding paragraphs of this Document 00800, if any, prior to substantial completion of all of the Work. Notify City in writing when Contractor considers any such part of the Work ready for its intended use and substantially complete and request City to issue a Certificate of Substantial Completion for that part of the Work.
1.14 CONTRACTOR USE OF PREMISES
A. Confine operations at Site and to areas permitted by Contract Documents, permits, ordinances, and laws.
City of Cupertino 00800- 4 Special Conditions
BBF Golf Course Maintenance
Project No. 2010-01
B. Do not unreasonably encumber Site with materials or equipment.
C. Assume full responsibility for protection and safekeeping of products stored on premises.
D. Move any stored products that interfere with operations of City or other contractor.
E. Parking, storage, staging, trailer and work areas shall be coordinated and approved by the City and comply with all other Contract documents requirements. Contractor’s use of the premises for trailer, storage and parking is limited to areas the City will allow.
1.15 LINES AND GRADES: NOT APPLICABLE
A. All Work shall be done to the lines, grades, and elevations indicated on the Drawings and as specified in section 02015.
B. The Contractor is to provide all surveying for the project. The City will not be providing any points for horizontal or vertical controls. All additional survey, layout, and measurement work shall be performed by Contractor as a part of the Work and paid for in various items of work.
C. Contractor shall provide at its cost an experienced instrument person, competent assistants, and such instruments, tools, stakes and other materials required to complete the survey, layout, and measurement work. In addition, Contractor shall furnish, at its cost, competent persons and such tools, stakes, and other materials as City (and/or any Engineer) may require in establishing or designating control points, or in checking survey, layout, and measurement work performed by Contractor.
D. Contractor shall keep City informed, a reasonable time in advance, of the times and places at which it wishes to do Work, so that any checking deemed necessary by City may be done with minimum inconvenience to City and minimum delay to Contractor.
E. Contractor shall remove and reconstruct Work that is improperly located.
1.16 PROTECTION OF EXISTING PROPERTY, STRUCTURES AND UTILITIES A. The Drawings may indicate existing above-grade and below-grade structures, drainage lines, storm drains, sewers, water, gas, electrical, water, phone and data cable and other similar items and utilities that are known to City.
B. Contractor shall locate these known existing installations before proceeding with trenching or other operations which may cause damage, shall maintain them in service where appropriate, and shall repair any damage to them caused by the Work, at no increase in Contract Sum.
C. Additional utilities whose locations are unknown to City are suspected to exist. Contractor must be alert to their existence. If additional utilities are encountered, Contractor must immediately report to City for disposition.
D. In addition to reporting, if a utility is damaged, Contractor must take appropriate action as provided in Document 00700 (General Conditions).
E. Additional compensation or extension of time on account of utilities not indicated or otherwise brought to Contractor’s attention including reasonable action taken to protect or repair damage shall be determined as provided in Document 00700 (General Conditions).
F. Contractor shall carry out construction activities in a manner that does not disrupt privacy, access to private property, or traffic, except as allowed by permit, or does not disrupt the flow of storm water or impair the storm water channel.
1.17 DAMAGE TO EXISTING PROPERTY
A. Contractor will be responsible for any damage to existing structures, Work, materials, or equipment because of its operations and shall repair or replace any damaged structures, Work, materials, or equipment to the satisfaction of, and at no additional cost to, City.
B. Contractor shall protect all existing structures and property from damage and shall provide bracing, shoring, or other work necessary for such protection.
C. Contractor shall be responsible for all damage to streets, roads, curbs, sidewalks, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property, which may be caused by transporting equipment, materials, or workers to or from the Work. Contractor shall make satisfactory and acceptable arrangements with the agency having jurisdiction over the damaged property concerning its repair or replacement.
1.18 DUST CONTROL
A. Contractor shall take reasonable measures to prevent unnecessary dust. The following items shall be specifically implemented to control dust:
City of Cupertino 00800- 5 Special Conditions
BBF Golf Course Maintenance
Project No. 2010-01
1. All construction locations with active excavation shall be watered at least twice daily or more often as necessary.
2. Cover all trucks hauling soil, sand, and other loose materials; or require all trucks to maintain at least two feet of freeboard.
3. Pave, apply water daily, or apply non-toxic soil stabilizers on all un-paved access roads, parking areas, and staging areas at construction site.
4. Sweep daily or more often as necessary, with water sweepers all paved access roads, parking areas, and staging areas at construction sites during project.
5. Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.)
6. Limit the speed of all construction vehicles to 5 miles per hour while on the Site.
B. Buildings, swimming pools, or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing and new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens.
1.19 PARKING
Contractor and staff may use adjacent parking in Blackberry Farm Picnic Grounds. City reserves the right to deny use of this area when the park is being used during its one hundred day operating period from May to September. If parking is restricted the Contractor will be allowed to park at the clubhouse. The City may also allow temporary parking of equipment in the parking lot with prior approval from the City and at the Contractor’s own risk.
1.20 LAYDOWN/STAGING AREA
Contractor shall utilize the area approve by the City for storage of all materials.
1.21 PERMITS
Applicable permits: Permits, agreements, or written authorizations that are known by the City to apply to this project are listed below:
Cal/OSHA Permit: The Contractor shall obtain, as applicable, a permit as required by Cal/OSHA for each of the following:
• Construction of trenches or excavations that are five feet or more in depth and into which a person is required to descend.
• Construction or demolition of any building, structure, or scaffolding for false-work more than three stories high, or the equivalent height (36 feet). • Erection or dismantling of vertical shoring systems more than three stories high, or the equivalent height (36 feet).
All other permits that may be required, such as electrical, fire prevention, grading, slope protection, etc., have not been applied for and shall be obtained by Contractor. Applicable permit fees will be reimbursed to the extent specified in Document 00700 (General Conditions).
1.22 PUNCH LIST VERIFICATION: NOT APPLICABLE
A punch list examination will be performed upon Substantial Completion of Work. One follow-up review of punch list items for each discipline will be provided. If multiple Site visits are required to review punch list items, due to incompleteness of the Work by Contractor, Contractor may be required to reimburse City for these visits.
1.23 ACTUAL DAMAGES FOR VIOLATIONS
A. In addition to damages which are impracticable or extremely difficult to determine, for which liquidated damages will be assessed as described in Document 00700 (General Conditions) and Document 00520 (Contract), City may incur actual damages resulting from loss of use of any permit described in this Document, or from use in violation of legal or regulatory requirements where the violations result from City of Cupertino 00800- 6 Special Conditions
BBF Golf Course Maintenance
Project No. 2010-01
Contractor’s activities. Violations or threatened violations may subject the City to fines and/or other costs or civil liabilities.
B. Contractor shall be liable for and shall pay City the amount of any actual losses in addition to liquidated damages or other remedies provided by the Contract Documents.
C. The amount of liquidated damages provided in Document 00520 (Contract) is not intended to include, nor does the amount include, any damages incurred by City for reasons other those listed in that paragraph.
Any money due or to become due to Contractor may be retained by City to cover both the liquidated and the actual damages described above and, should such money not be sufficient to cover such damages, City shall have the right to recover the balance from Contractor or its sureties.
1.24 UNFAVORABLE CONSTRUCTION CONDITIONS
During unfavorable weather, wet ground, or other unsuitable construction conditions, Contractor shall confine its operations to Work, which will not be affected adversely by such conditions. No portion of the Work shall be constructed under conditions, which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by Contractor to perform the Work in a proper and satisfactory manner.
1.25 CONSTRUCTION SITE ACCESS
Contractor shall, at all times, limit access to the Site to necessary personnel only. All personnel associated with the Project shall enter the site through Contractor’s access gate. All mail and deliveries (Federal Express, equipment, etc.) shall be sent to a separate address (at Contractor’s gate), specifically arranged by Contractor for the Project. Contractor is responsible for providing adequate signage to alert delivery persons to the new address.
1.26 SITE ADMINISTRATION
Contractor shall be responsible for all areas of the Site used by it and by all Subcontractors in the performance of the Work. Contractor shall exert full control over the actions of all employees and other persons with respect to the use and preservation of property and existing facilities, except such controls as may be specifically reserved to City or others. Contractor shall have the right to exclude from the Site all persons who have no purpose related to the Work or its inspection, and may require all persons on the Site (except City’s employees) to observe the same regulations Contractor requires of its employees.
1.27 WEATHER DELAY
Not applicable.
1.28 PROJECT RECORD DOCUMENTS: NOT APPLICABLE
Contractor shall prepare Record Drawings and Specification in accordance with Document 00700, recording and tracking changes in a timely manner. Contractor shall make copies of the annotated Project Record Drawings and Specifications available to City and the Engineer of Record at intervals convenient to the Engineer of Record, who will be responsible for the preparation of the Final Record Drawings and Specifications.
1.29 CITY SUPPLIED MATERIALS
N/A
1.30 MOBILIZATION: NOT APPLICABLE
Mobilization shall conform to the provisions in Section 11, “Mobilization” of the Standard Specifications.
City of Cupertino 00800- 7 Special Conditions
BBF Golf Course Maintenance
Project No. 2010-01
City of Cupertino 00800- 8 Special Conditions
BBF Golf Course Maintenance
PART 2 PRODUCTS
2.1 PRODUCTS ORDERED IN ADVANCE (N/A)
2.2 CITY-FURNISHED PRODUCTS: NOT APPLICABLE
A. City's Responsibilities:
1. Arrange for and deliver City-reviewed Shop Drawings, Product Data, and Samples, to Contractor.
2. Arrange and pay for delivery to site.
3. On delivery, inspect City and Contractor provided products jointly with Contractor.
4. Submit claims for transportation damage and replace damaged, defective, or deficient items.
5. Arrange for manufacturers' warranties, inspections, and service.
B. Contractor's Responsibilities:
1. Review City-reviewed Shop Drawings, Product Data, and Samples.
2. Receive and unload City and Contractor provided products at site; inspect for completeness or damage jointly with City.
3. Handle, store, install, and finish products.
4. Repair or replace items damaged after receipt.
5. Install into Project per Contract Documents.
PART 3 EXECUTION – NOT USED
END OF DOCUMENT
Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance 00821- 1 Insurance
DOCUMENT 00821
INSURANCE
A. At or before the date specified in Document 00200 (Instructions to Bidders), Contractor shall furnish to City satisfactory proof that Contractor has taken out for the entire period covered by the Contract the following classes of insurance in the form and with limits and deductibles specified below:
1. Comprehensive General Liability Insurance covering claims for personal injury, bodily injury and property damage arising out of the Work and in a form providing coverage not less than that of a standard Commercial General Liability Insurance policy (“Occurrence Form”). Such insurance shall provide for all operations and include independent contractors, products liability, completed operations for one year after Final Completion of the last Phase to be completed and acceptance of the final payment for the Work, contractual liability, and coverage for explosion, collapse and underground hazards. The limits of such insurance shall not be coverage of less than $1,000,000 each occurrence, $2,000,000 general aggregate limit.. The policies shall be endorsed to provide Broad Form Property Damage Coverage.
2. Comprehensive Automobile Liability Insurance covering all owned, non-owned, and hired vehicles. Such insurance shall provide coverage not less than the standard Comprehensive Automobile Liability policy with limits not less than $1,000,000 each person Bodily Injury, $1,000,000 each occurrence Bodily Injury, and $1,000,000 each occurrence Property Damage.
3. All-Risk Course of Construction Insurance N/A for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws, water damage, flood, and damage caused by frost and freezing, in the amount of 100 percent of the completed value of the Work to be performed under this Contract. Deductible shall not exceed $25,000. Each loss shall be borne by Contractor.
4. Workers’ Compensation Insurance for all persons whom the Contractor may employ in carrying out Work contemplated under Contract Documents, in accordance with the Act of Legislature of State of California, known as “Workers’ Compensation Insurance and Safety Act,” approved May 26, 1913, and all acts amendatory or supplemental thereto, in the statutory amount, $1,000,000 each occurrence.
B. All policies of insurance shall be placed with insurers acceptable to City. The insurance underwriter(s) must have an A. M. Best Company rating of A, 7 or better or otherwise acceptable to the City. Required minimum amounts of insurance may be increased should conditions of Work, in opinion of City, warrant such increase. Contractor shall increase required insurance amounts upon direction by City.
C. Required Endorsements: The policies required under paragraphs A.1, A.2 and A.3 of this Document shall be endorsed as follows:
1. Name the City of Cupertino, a Municipal Corporation of the State of California, its City Council, and their employees, representatives, consultants (including without limitation Consulting Engineer), and agents, and Engineers, as additional insureds, but only with respect to liability arising out of the activities of the named insured.
2. Each such policy shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limit of the insurance company’s liability required under paragraphs A.1, A.2 and A.3 of this Document 00821.(Endorsement of Aggregate Limits of Insurance Per Project)
3. Insurance shall be primary and no other insurance or self-insured retention carried or held by City shall be called upon to contribute to a loss covered by insurance for the named insured.
4. Insurance shall contain a provision requiring the insurance carriers to waive their rights of subrogation against City and all additional insureds, as well as other insurance carriers for the Work.
D. Certificates of insurance and endorsements shall be on forms provided in Document 00530, (Insurance Forms) have clearly typed thereon City Project Number and title of Contract Documents. Written notice of cancellation, nonrenewal, or reduction in coverage of any policy shall be mailed to City (Attention: Contract Administration/Inspection) at the address listed in Document 00520 (Contract), 30 Days in advance of the effective date of the cancellation, non-renewal, or reduction in coverage. Contractor shall maintain insurance in full force and effect during entire period of performance of Contract Documents, the following insurance in amounts not less than the amounts specified. Contractor shall keep insurance in force during warranty and guarantee periods, except that Contractor may discontinue All-Risk Course of Construction Insurance after Final Payment. At time of making Project No. 2009-9237
City of Cupertino
Plaza Renovation 00821- 2 Insurance
application for extension of time, and during all periods exceeding the Contract Time resulting from any cause, Contractor shall submit evidence that insurance policies will be in effect during requested additional period of time.
Upon City’s request, Contractor shall submit to City, within 30 Days, copies of the actual insurance policies or renewals or replacements.
E. Contractor shall pay all insurance premiums, including any charges for required waivers of subrogation or the endorsement of additional insureds. If Contractor fails to maintain insurance, City may take out comparable insurance, and deduct and retain amount of premium from any sums due Contractor under Contract Documents.
F. If injury occurs to any employee of Contractor, Subcontractor or sub-subcontractor for which the employee, or the employee’s dependents in the event of employee’s death, is entitled to compensation from City under provisions of the Workers’ Compensation Insurance and Safety Act, as amended, or for which compensation is claimed from City, City may retain out of sums due Contractor under Contract Documents, amount sufficient to cover such compensation, as fixed by the Act, as amended, until such compensation is paid, or until it is determined that no compensation is due. If City is compelled to pay compensation, City may, in its discretion, either deduct and retain from the Contract Sum the amount so paid, or require Contractor to reimburse City.
G. Nothing in this Document 00821 shall be construed as limiting in any way the extent to which Contractor or any Subcontractor may be held responsible for payment of damages resulting from their operations.
H. Except that Subcontractors need to obtain coverage of not less than $2,000,000 each occurrence, $4,000,000 general aggregate limit of Comprehensive General Liability insurance, all Subcontractors shall maintain the same insurance required to be maintained by Contractor with respect to their portions of the Work, and Contractor shall cause the Subcontractors to furnish proof thereof to City within ten Days of City’s request.
I. The following provisions apply to any licensed professional engaged by Contractor to perform portions of the Work (“Professional”).
1. Each Professional shall maintain the following insurance at its sole cost and expense:
a. Provided such insurance is customarily required by City when professionals engaged in the profession practiced by Professional directly contract with City, Professional Liability Insurance, insuring against professional errors and omissions arising from Professional’s work on the Project, in an amount not less than $1,000,000 combined single limit for each occurrence. If Professional cannot provide an occurrence policy, Professional shall provide insurance covering claims made as a result of performance of Work on this Project and shall maintain such insurance in effect for not less than two years following Final Completion of the Project.
b. All insurance required by paragraphs A.1, A.2 and A.4 of this Document 00821. Professional shall satisfy all other provisions of paragraphs A, B, C, D, E and F of this Document 00821 relating to that insurance, including without limitation providing required insurance certificates (containing the required endorsements) before commencing its Work on the Project.
J. If required by City, Contractor shall obtain and maintain Contractor’s Pollution Legal Liability Insurance in a form, with limits, and from an insuring entity reasonably satisfactory to City.
END OF DOCUMENT
relk//
S'(. 19,
CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, March 16, 2010
ROLL CALL
At 6:00 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California.
Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none.
CLOSED SESSION — 6:00 p.m.
At 6:00 p.m., Council recessed to a closed session to conduct the conference with the real property negotiator.
1. Conference with real property negotiator ( Government Code 54956.8):
1. Property: 20410 Town center Lane, Suite 210 Cupertino
2. Agency negotiator: Carol Korade
3. Negotiating parties: City of Cupertino and Cornish & Carey Commercial on behalf of TA Associates Realty
4. Under negotiation: Price and terms of payment
Council reconvened in open session at 6:45 p.m. Mayor Kris Wang announced that no action was taken.
PLEDGE OF ALLEGIANCE
At 6:48 p.m. Mayor Kris Wang_ called the regular meeting to order in the Council Chamber. 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang.
Orrin Mahoney, and Mark Santoro. Absent: none
Council concurred to take up Ceremonial Matters — Presentations when the presenters and recipients arrived.
POSTPONEMENTS - None
Attachment I
March 16, 2010 Cupertino City Council Page 2
WRITTEN COMMUNICATIONS
Deputy City Clerk Grace Schmidt distributed an amended staff report for Item No. 20.
ORAL COMMUNICATIONS
Dennis Whittaker distributed an email of his interview with Gloria Kiefer regarding his experiences in Vietnam during the war. He talked about the sacrifices that men and women are currently making in the armed forces, and asked that Cupertino take the lead in setting an example by having a moment of silence during a Council meeting once or twice a year, at times other than Memorial Day or Veteran's Day. Mayor Wang noted that she would adjourn this meeting in recognition of veterans and those serving oversees.
The Lawson Middle School Destination Imagination Team, called The Five Cheeses, Janaye S..
Mansi S., Shivani S., Sanika P., and Tanaya P. gave a PowerPoint presentation regarding declining native plants. They explained that native plants are needed to help reserve water and avoid drought, and are cost efficient over time. They said the community can help by planting native plants and educating their neighbors and friends. They noted that Lawson Middle School is planting an all native garden and the school will have a booth at the Earth Day Festival. They asked if Council could be an example in the community by planting native plants and motivating residents to do the same.
Ray Crump asked for information and clarification on the below market rate (BMR) housing program in Cupertino. Specifically, he noted that several of the BMR units have come onto the normal resale market and that there is a disparity of about $600,000 between the control price of the unit and the market price. He said he was concerned about where the money has gone and that it seems the BMR units have been lost from the pool with no replenishment in the near future. The City Attorney responded that three lawsuits are currently in progress and that the City has taken steps to avoid this type of problem again.
CONSENT CALENDAR
Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 4 and 19 which were pulled for discussion. Ayes:
Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None.
5. Adopt resolutions accepting Accounts Payable for February 26 and March 5, Resolution Nos. 10 -045 and 10 -046.
6. Adopt a resolution accepting Payroll for ;March 5, Resolution No. 10 -047.
7. Accept the Treasurer'sInvestment & Budget. Report for January 2010.
8. Adopt a resolution rescinding Resoluti xi No. 07 -129 and changing the mandatory waiting period before commissioners car apply for the same commission or committee from one to two years, Resolution No. 10 -048.
March 16, 2010 Cupertino City Council Page 3
9. Review bids and award the contract for Blackberry Farm Golf Course Maintenance, Project No. 2010 -01 to Professional Turf Maintenance in the amount of $174, 00420.per year.
10. Adopt a resolution accepting a Quitclaim (Deed and Authorization for Underground Water Rights, Pyda Srisuresh and Lakshmi Pyda, 10511 Beardon Drive, APN 326 -30 -177, Resolution No. 10 -049.
The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property.
11. Adopt a resolution accepting a Quitclaim :Deed and Authorization for Underground Water Rights, Bernard P. Murphy and Yvonne M. Murphy, 10123 Berkshire Court, APN 342- 12 -104, Resolution No. 10 -050.
The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property.
12. Adopt a resolution accepting a Grant of Easement for Storm Drain Purposes, City of Cupertino, 10981 Franco Court, APN 326 -09 -025, Resolution No. 10 -051.
The City of Cupertino hereby grants to Villa Serra Apartments the right and privilege to enter upon said lands contiguous to and along the line of said property for the purpose of locating, construction, repairing, maintaining or replacing said storm drain.
13. Adopt a resolution accepting a Grant of Easement for Fire Department water purposes, City of Cupertino. 10981 Franco Court, APN 326 -09 -025, Resolution No. 10 -052.
The City of Cupertino hereby grants to Villa Serra Apartments the right and privilege to enter upon said lands contiguous to and along the line of said property for the purpose of locating, construction. repairing, maintaining or replacing said Fire Department water.
14. Adopt a resolution approving an Improvement Agreement, Carola V. Elliot, 10128 Lebanon Drive, APN 342 -14 -023, Resolution No. 10 -053.
Through the improvement agreement wits the City. the applicant for a building permit for a singlefamily residential development will he obligated to bond and construct city - specified roadside improvements along the street frontage of their building site.
15. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Carola V. Elliot, 10128 Lebanon Drive, APN 342 -14 -023, Resolution No. 10- 054.
The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property.
March 16, 2010 Cupertino City Council Page 4
16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Daniel R. Cook and Kelly U. Dao, 10735 Pinole Court, APN 369 -34 -019, Resolution No. 10 -055.
The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property.
17. Accept a City Project performed under Contract: 2009 Slurry Seal Project No. 2009 -06, American Asphalt. (No documentation in packet).
The City's contractor, American Asphalt, has completed work on the 2009 Slurry Seal Project. The work consisted of roadway surface improvements including placement of slurry seals, cape seals, and chip seals.
18. Adopt a resolution supporting the City of Cupertino'sparticipation in Google's Fiber for Communities request for information, Resolution No. 10 -056.
ITEMS REMOVED FROM THE CONSENT 1CALENDAR (above)
4. Approve the minutes from the February 23 and March 2 City Council meetings.
Council member Chang noted the following corrections to the February 23 minutes: On page 4 -3, Joyce Eden was asked to send a letter to the Legislative Committee regarding monitoring emissions from the Lehigh kiln; and on page 4 -3, correct the name of the Bay Area Air Quality Management District.
Chang also noted the following corrections to the March 2 minutes: On page 4 -6, the postponement section should read, "Wong moved and Mahoney seconded"; and on page 4 -9, Chang's comments should include that the City has other important things to do besides the dog park issue, such as traffic around the schools, solving the problem of overcrowding in the library. and the problem with vacant retail businesses.
Chang moved and Mahoney seconded to approve the minutes as amended. The motion carried unanimously.
19. Endorse Their Future is Now!, a partnership between the parent community, the Cupertino Educational Endowment Foundation (CEEF) and the Cupertino Union School District. Their Future is Now! will step in where state funding leaves off to keep our schools academically sound and nationally competitive.
Julie Lin explained that the Cupertino Union School District faces a $7.3 million budget shortfall and will lose up to 115 teachers in grade levels K -8 across the District, greatly impacting the students. She said that the campaign seeks to raise $3 million by May 15 and that on the first day of their official launch had already raised $220,000. She noted that the donations came from both parents and leaders in the community.
March 16, 2010 Cupertino City Council Page 5
Scott Plautz, CEEF Board member and Chair of the Their Future is Now! campaign, thanked the parent community and asked Council to endorse and support the campaign.
For more information go to www. org. ceefcares.
Wong moved and Mahoney seconded to endorse the program. The motion carried unanimously.
PUBLIC HEARINGS - None
UNFINISHED BUSINESS
20. Review and adopt the 2009 -10 City Council work program.
Written communications for this item included an amended staff report with the corrected title of "2010 -11 City Council work program."
City Manager David Knapp reviewed the work program as it was amended on February 23, and he also reviewed the wish list items that Council discussed on that date.
Council discussed the wish list items in more detail to determine which ones should be discussed as a part of the budget, and which ones should be added to the work program.
At 8:19 p.m. Mayor Wang interrupted discussion of this item to take up the Ceremonial Matters — Presentations items.
CEREMONIAL MATTERS — PRESENTATIONS
2. Proclamation to Cupertino High School for their Dell Award. (No documentation in packet).
Mayor Wang presented the proclamation to the students in recognition of winning the nationwide Dell Computers Superprom Contest. The students wanted to help students in developing countries who were less fortunate than them and planned to raise 5100,000 to upgrade the Nthimbiri secondary school in Kenya. They pledged to channel their winnings to the school if they won the contest.
The students gave a packet to each Council member containing news articles and more information about their mission and the next steps.
Fremont Union High School District (FUHSD) Superintendent Polly Bove recognized the teachers who helped with the fundraising campaign.
March 16, 2010 Cupertino City Council Page 6
3. Presentation by Polly Bove regarding the State of the District. (No documentation in packet).
Fremont Union High School District (FUHSD) Superintendent Polly Bove presented a PowerPoint presentation on the State of the District. She highlighted the following information: students participated in many community and Haiti relief fundraisers; FUHSD is the 3rd highest performing high school district in the state, all five schools are ranked in the top 6 %, 90% of graduating students enter college, 55% go directly to four - year universities, and the average GPA is over 3.0; one student in Cupertino, David Liu, won second prize in the Intel Talent Search; over the last two years the District was $10.7 million short and in order to handle that shortfall, has cut $500,000 by reducing staff costs, all employee groups have frozen compensation, $1 million was cut from adult and community education, and summer school is being reduced. Superintendent Bove distributed information on the, "Please Dcn't Cut That" project and noted that Measure B would be on the upcoming ballot to renew the parcel tax. More information can be found at www. or2.. fhsd
Michael Gottwald asked to not have any education or athletic programs be cut and to vote for Measure B.
The City Council received the report, and directed staff to have the Legislative Committee look at Measure B for possible Council support on an upcoming agenda.
Council continued with Item No. 20 regarding the work program.
UNFINISHED BUSINESS - continued
20. Review and adopt the 2009 -10 Citv Council work program.
The City Council continued their discussion about the February 23 wish list items.
Jennifer Griffin reported that construction has begun for the Sterling Barnhart Park in the Rancho Rinconada area and said that the neighbors are very excited. She also said that she was pleased to see that the acquisition of the Lawrence Mitty Park is still on the Council work program and hopes that this would be able to happen in the near future.
Council concurred to direct staff to amend the work program to include the following wish list items, and place it on the Consent Calendar for adoption.
Review plans for Simms & Stocklmeir and consider including in the CIP Support the four city task force investigating possible Stevens Creek Trail alignment Investigate additional parking opportunities around Civic Center Track status of efforts to encourage walking/biking to school Look for ways to become more resource efficient
March 16, 2010 Cupertino City Council Page 7
The City Council recessed from 9:23 p.m. to 9:38 p.m.
NEW BUSINESS
21. Consider a request from the Cupertino Cricket Academy:
a. Use of Library Field for a National Women's Cricket Tournament during Spring 2010
b. Conversion of the Cricket pitch at Library Field to a Turf Wicket Pitch Parks and Recreation Director Mark Linder reviewed the staff report.
Hemant Buch, from the California Cricket Academy, gave a PowerPoint presentation regarding the objective and benefit of putting in a new cricket pitch. Another gentleman who is a pitch expert answered some of Council's questions.
Mahoney moved and Santoro seconded to waive the existing park use policy for the tournament, spend up to $3000 of initial post, and up to $5000 annually to maintain the cricket pitch. Wang offered a friendly amendment to spend $2000 of initial cost and up to S3000 annually for maintenance. Mahoney did not accept the friendly amendment. The motion carried with Council member Chang, voting no.
22. Authorize the City Manager to negotiate And execute the fourth amendment to the lease for 20410 Town Center Lane, Suite 210_, in accordance to the terms of the proposal attached as Exhibit B.
City Manager Dave Knapp asked to have Council amend the wording to say, "Authorize the City Manager to negotiate and execute a lease..."
Wong moved and Santoro seconded to authorize the City Manager to negotiate the lease using the amended language. The motion carried with Council member Chang voting no.
23. Authorize the City Manager and City Attorney to prepare an ordinance for City Council's consideration to move the date of the City's general municipal election and consolidate it with the statewide general election commencing in November 2012.
Administrative Services Director Carol Atwood reviewed the staff report.
Tom Hugunin noted that the Cupertino Sanitary District also has an election during the odd - numbered years. He said he was concerned that with the increased voter turnout, candidates would have to increase the ainount of money they are currently allowed to spend. He said he was also concerned about the ability to find enough volunteers with other elections happening at the same time.
March 16, 2010 Cupertino City Council Page 8
Keith Murphy said he agreed with the previous speaker and also noted that any referendums or measures might have to go to a special election costing more money. He suggested waiting until the Cupertino Union School District board had made a decision whether to change its election year before paying the one -time $20,000 fee to the County.
Mahoney moved and Chang seconded to direct the City Manager and the City Attorney to prepare an ordinance for the second meeting in May for City Council's consideration to move the date of the City's general municipal election and consolidate it with the statewide general election commencing in November 2012. The motion carried with Council member Chang voting no. Cot.ncil member Chang had noted earlier in the discussion that he would like to save money by shortening the term of the current Council and hold an election in 2010 rather than extending the term by a year. He also said that any change the Council makes to the election shouldn'tbenefit the current Council.
ORDINANCES
24. Conduct the second reading of Ordinance No. 10- 2055: "An Ordinance of the City Council of the City of Cupertino amending the Heart of the City Specific Plan to update the Heart of the City Specific Plan and achieve conformance with the General Plan." Continued from March 2).
Jennifer Griffin said that it's important for the Stevens Creek Blvd. corridor to have the same look and feel all the way from tie Oaks shopping center to I -280 in Rancho Rinconada. She urged Council to keep the double row of street trees and said she was glad the 35 -foot right -of -way would be ke along Stevens Creek Blvd.
Tom Hugunin said that the project looked good to him.
Keith Murphy said that future public outreach done for stakeholders should let them use the new tools and education to participate.
Council made some minor formatting charlges to page 17, 21, Appendix B, and Appendix C.
Mahoney moved and Wong seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None.
Mahoney moved and Wong seconded to enact Ordinance No. 10 -2055 as amended. Ayes:
Chang, Mahoney, Santoro, Wang, and Wcng. Noes: None.
STAFF REPORTS - None
COUNCIL REPORTS
Council members highlighted the activities of the .r committees and various community events.
March 16, 2010 Cupertino City Council Page
9 March 16, 2010 Cupertino City Council Page 10
ADJOURNMENT
At 12:10 a.m. on Wed., March 17, the meeting was adjourned in recognition of veterans and those serving overseas.
c 11/ (Lf
Grace Schmidt, Deputy City Clerk
Staff reports, backup materials, and items distril uted at the City Council meeting are available for review at the City Clerk's Office, 777 -3223, and also on the Internet at v, «v .cupertino.or «.
Click on Agendas & Minutes, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT &T U -verse Channel 99 and are available at your convenience at v\ ww. or2. cupertino. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364.
Zo1 e
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND PROFESSIONAL TURF MANAGEMENT, INC. FOR
BLACKBERRY FARM GOLF COURSE MAINTENANCE
This First Amendment to the Agreement between the City of Cupertino and Professional Turf Management, Inc. for reference dated June 11, 2015, is by and between the CITY OF CUPERTINO, a municipal corporation ( hereinafter " City") and PROFESSIONAL TURF MANAGEMENT, INC. a California corporation (" Contractor") whose address is 510 Salmar Avenue, Campbell, CA, and is made with reference to the following:
RECITALS:
A. On March 17, 2010, an agreement was entered into by and between City and Contractor (hereinafter "Agreement") for Blackberry Farm Maintenance.
B. On or about June 7, 2012, and June 18, 2014, City exercised its options to extend the Agreement as set forth in the contract.
C. The Agreement expires on June 30, 2015, and parties desire to extend the term of the Agreement for six ( 6) months in order to provide the City with time to solicit bids for a new contract for these services.
D. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows:
1. Paragraph 3. 1 of the Agreement is modified to read as follows:
Contract Time. The Contract Time commenced to run on July 1, 2010. The original term of the contract was for ( 2) years from the start date of the contract. The City exercised its options to extend the contract on a year-toyear basis for three ( 3) additional years,- for a total of five ( 5) years. The parties now agree to extend the contract for an additional six ( 6) months, under the same terms as the original option to extend. Any increase or decrease in the previous contract price shall be based upon the annual percentage change in the Consumer Price Index (CPI) as of April, 2015. The CPI shall be the San Francisco/ Oakland Consumer Price Index for all urban wage earners. For purposes of calculating the contract amount for this six ( 6) month extension, the previous contract price is$ 187,280.00.
2. Paragraph 4.1 of the Agreement is modified to read as follows:
City shall pay Contractor the Contract Sum for Completion of Work in accordance with the Contract Documents as set forth in Contractor' s, Bid, attached as the Exhibit " A" to the Agreement. For this ( 6) month extension, the parties agree that the total contract price shall be $ 95,887. 00. All other terms and conditions of Exhibit " A" ( including Bid Form, Document 00400) remain unchanged.
3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.
CONTRACTOR CITY OF CUPERTINO
A M i ipal Corporation
X72- z.111 N v f
y: Don Naumann By: David Brandt
Professional Turf Management, Inc. City Manager
Its: Princip
Date
APPROVED AS TO FORM:
Carol Korade
City Attorney
ATTEST:
1 Grace Schmidt L.
City Clerk
EX Proj ect No. 20 10- 0 1 HIBIT A
DOCLTMENT 00400
BID FORINT
To be submitted as part of Envelope" A" by the time and date specified in Document 00200( Instructions to Bidders).
TO THE HONORABLE CITY COUNCIL OF THE CITY OF CJPERTINO
THIS BID IS SUBMITTED BY:
Firm/ Company Name)
Re: PROJECT NUMBER 2010- 01
BLACKBERRY FARM GOLF COURSE MAINTENANCE
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino (" City") in the form included in the Contract Documents, Document 00520 ( Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non-responsive.
2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100( Advertisement for Bids), and Document 00200 ( Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will.remain subject to acceptance for 90 Days after the day of Bid opening.
3. Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Site, as set forth in Document 00520( Contract), Article 5. t
4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as- built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor.
5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430( Subcontractors List).
6. The undersigned Bidder understands that City reserves the right to reject this Bid.
7. Ifwritten notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 ( Instructions to Bidders) within the times specified theren.- These documents include, but are not limited to, Document 00520( Contract), Document 00610( Construction Performance Bond), and Document 00620( Construction Labor and Material Payment Bond).
i
8. Notice of Award or request for additional information" may be addressed to the undersigned Bidder at the address set forth below on the signature page.
10. The undersigned Bidder herewith encloses cash, a cashier' s check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a. surety business in I .
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400- 1
Project No. 2010- 01
the State of California, in form specified in Document 00200 ( Instructions to Bidders), in the amount of ten percent( 10%) of the total of Bid and made payable to the" City of Cupertino":
11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 ( General Conditions) and to complete all work within the time specified in Document 00520 Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents.
12. The undersigned Bidder agrees that, in, accordance with Document 00700 ( General Conditions), liquidated damages for failure to complete all Work in the Contract within the' time specified in Document 00520 Contract) shall be as set forth in Document 00520( Contract). 10" 1 Q
1; 17 e ri1
1^ PS.S
i
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400- 2.
i
i
Project No. 2010- 01
SCHEDULE OF BID PRICES
All Bid items, including lump sums and unit prices, must be filled in completely. Quote in figures only, unless words are specifically requested.
Specialty Items are identified on the Bid Form in the description.
ESTEVIATED UNIT
TEM DESCRIPTION QUANTITY MT PRICE TOTAL
1. Provide Maintenance at 12 Months S
Blackberry Farm Golf Course 73 20
2. Soil Sample Collection and 12 Each lye $ D
Testing
TOTAL BID
PRICE 2 0
L^
Total Bid: 6Cvz- dayo 1 Lx
words)
Unit Legend
LS = Lump Sum AL= Allowance
EA= Each SF= Square Feet
LF= Linear Feet
TON= Ton or 2, 000 Pounds
CY= Cubic Yards
LB= Pounds
Pilo a 1
i
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400- 3
Project No. 2010- 01
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS
Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda:
Addendum No. Addendum Date .
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 Off' BIDDER: i^O 717e 5S ton a - Tyr" CT n Q eh—
licensed in accordance with an act for the' registration of Contractors, and with license number: U 2 6-oy Expiration Date: I ! 1
C_ G /
l74
e No y Yt R A o
Where incorporated, if applicable
Principals
I certify( or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Signature ofBidder
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.
Business Address: L, aox 7 b o ! Z
Officers authorized to sign contracts:. 60 N /(/ c? V 117 Q n n aS
Typed Full.Name:
Telephone Number.( s):
Fax Number( s): 941.
E- Mail Address: I7J i fte Cj as r jc aTm a C o
i
i
END of DOCUMENT
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400- 4
i
i
BLACKBERRY FARM GOLF COURSE
DEPT. OF PARKIS' AND RECREATION
10300 Torre Avenue, Cupertino, CA 95014- 3255
Telephone: ( 408) 777- 3354
C U P E RT I N O Fax: ( 408) 777- 3 333
June 18, 2014
Mr. Don Naumman
Professional Turf Management, Inc.
510 Salmar Avenue
Campbell, CA 95008
Pursuant to the agreement between the City of Cupertino and Professional Turf Management, Inc., ( Blackberry Farm Golf Course Maintenance, Project No. 2010- 01), the City hereby exercises its renewal option for maintenance services related to Blackberry Farm Golf Course. This renewal contains the same provisions as the original agreement, including a modification to the contractor' s compensation as determined by-the consumer Price Index( CPI) as of April 2014. The CPI: is the San Francisco/ Oakland/ San Jose Consumer Price Index, which is+ 2. 8% for all urban wage earners. This renewal will commence on July 1, 2014, and be in effect for one year.
Tim y H. Coles n aumann
Recreation Coordinator Owner/ Principal
Blackberry Farm GC PTM
Do cCarthy
creation Supervisor
arks and Recreation
PURCHASE ORDER NO. 00058491
PAGE NO. 1
s
V 2661 H F CITY OF CUPERTINO
E PROFESSIONAL TURF MGMNT INC I
I
N
P O BOX 84 P
QUINLAN COMMUNITY CENTER
D 10185 N STEELING ROAD
pl I O
CAMPBELL CA 95009
I CUPERTINO CA 95014
R L_ J LATTN:
ORDER DATE: 0 6/ 2 6/ 14 BUYER: DON MCCARTHY REQ. NO.: p REQ. DATE:
TERMS: NET 3 0 DAYS I
F. O. B.: DESTINATION
I
I
DESC.:
ITEM# QUANTITY UOM DESCRIPTION I UNIT PRICE EXTENSION
15.. G.OLF.::COURSE . MP,INTENANCE:.:.::::: 1:$...7.. .$C... QQQ3 187, 280: 00 1:.. 0 0:..::::::::•:.::::.7 ..1 . 14., 6 . 3 Q..
P:. 5TH...OF......::..:................ RVI E... .. ACRE O CONTRACTQ.......... ......_............,,..:.:..::::...:... R..:TO;:,PROV.IDE SERV. LCE....... .
MATERL:. ALS.:;;AS::;:S.PEC:.- D...ON ..(' HIS AGR_. .:._...,...::...._::::::::::::::...:::::::::.:._:.::...
AND., ANY EXH.......... ......._ ....... LBIT...HEREBY.. ATTI C ITEM# ACCOUNT AMOUNT PROJECT CODE PAGE TOTAL $ 1871280 . 00 TOTAL $ 1871280 . 00
1. Ol 5606440 7014 187, 280 . 001
I L,7-;
e
APPROVED BY 061RECTOR OP" RCHASING
j
BLACKBERRY FARM GOLF COURSE
DEPT. OF PARKS AND RECREATION
J ' 10300 Torre Avenue, Cupertino, CA 95014- 3255
1- I
45 Ss Telephone: ( 408) 777- 3354
C U P E RT I N O Fax: ( 4081777- 3333 z:)/ / 3/ 43)
p()
June 7, 2012 37; J5
Mr. Don Naumman
Professional Turf Management, Inc.
510 Salmar Avenue
Z1/4
Campbell, CA 95008
Pursuant to the agreement between the City of Cupertino and Professional Turf Management, Inc., ( Blackberry Farm Golf Course Maintenance, Project No. 2010- 01), the City hereby exercises its renewal option for maintenance services related to Blackberry Farm Golf Course. This renewal contains the same provisions as the original agreement, including a modification to the contractor' s compensation as determined by the consumer Price Index( CPI) as of April 2012. The CPI is the San Francisco/ Oakland/ San Jose Consumer Price Index, which is+ 2.2% for all urban wage earners. This renewal will commence on July 1, 2012, and be in effect for one year. tr
0"ler
Timothy H. Coles aumann
Recreation Coordinator Owner/ Principal
Blackberry Farm GC PTM
4i LAMS
1) on McCarthy
Recreation Supervisor
Parks and Recreation
Project No. 2010- 01
DOCUMENT 00520
CONTRACT
THIS CONTRACT, dated this
171 day of March, 2010, by and between Professional Turf Management whose place of business is located at 510 Salmar Avenue, Campbell, CA 95008 (" Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California (" City") acting under and by virtue of the authority vested in the City by the laws of the State`ofCalifornia.
WHEREAS, City, on the
16th day of March, 2010 awarded to Contractor the following Project:.
PROJECT NUMBER 2010- 01
BLACKBERRY FARM GOLF COURSE MAINTENANCE
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows:
Article 1. Work
1. 1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents.
Article 2. Agency and Notices to City
2. 1 City has designated Don McCarthy, Recreation Supervisor, to act as City' s Authorized Representative( s), who will represent City in performing City' s duties and responsibilities and exercising City' s rights and authorities in Contract Documents. City may change the individual( s) acting as City' s Authorized Representative( s), or delegate one or more specific functions to one or more specific City' s Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City' s Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities.
2.2 All notices or demands to City under the Contract Documents shall be to City' s Authorized Representative at:
10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address( es) as City shall provide to Contractor.
Article 3. Contract Time and Liquidated Damages
3. 1 Contract Time.
The Contract Time will commence to run on July 1, 2010.
The term of this contract shall be two( 2) years from the start date of the contract. The City shall retain the option to extend the term of the contract on a year-to-year basis not exceeding three( 3) years from the expiration of the original term, for a possible total of five( 5) years.
Any such renewal after the first two( 2) 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. Any such renewal shall contain the same provisions as the original contract, including and increase or decrease in compensation paid to the Contractor. Any increase or decrease in the pr evious contract price shall be based on the annual percentage change in the Consumer Price Index( CPI) as ofApril of 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 firs two years of the contract.
City of Cupertino
00520- 1
Contract
BBF Golf Course Maintenance
Project No. 2010- 01
3. 2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses( such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof' allowed in accordance with the Contract Documents. Consistent with Document 00700( General Conditions), Contractor and City agree that because of the nature of the Project, it would-be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work.
Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City:
3. 2. 1 $ 150 for each Calendar Day that work is not completed as required.
3. 2. 2 $ 2, 000 for each occurrence of a violation of Document 00800, Section 1. 7 WORK DAYS AND HOURS.
3. 2. 3 Three Months Salary for each Key Personnel named in Contractor' s SOQ pursuant to Article 2. G of Document 00450 ( Statement of Qualifications for Construction Work) who leaves the Project and/ or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor • can demonstrate to City' s satisfaction is beyond Contractor' s control or without City approval.
Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work.
Contractor should be aware that California Department of Fish and Gain; and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements.
3. 3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City( for example, delay claims of other contractors, subcontractors, tenants, or other third- parties), and defense costs thereof.
Article 4. Contract Sum
4. 1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor' s Bid, attached hereto: See Exhibit" A" attached Article 5. Contractor' s Representations .__.
In order to induce City to enter into this Contract, Contractor makes the following representations and warranties:
5. 1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as- built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.
5. 2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as- built drawings, drawings, products specifications or reports, available for Bidding purposes, of City of Cupertino 00520- 2 Contract
BBF Golf Course Maintenance
Project No. 2010- 01
physical conditions, including Underground Facilities, which are identified in Document 00320 ( Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 ( General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely.
Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings.
5. 3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies ( in addition to or to supplement those referred to in Section 5. 2 of this Document 00520) that pertain to the subsurface conditions, as- built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accorlance with the other terms and conditions of the Contract Documents, including specifically the provisions' of Document 00700 ( General Conditions); and no additional examinations, investigations, explorations, tests; reports, studies or similar information or data are or will be required by Contractor for such purposes.
5. 4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions ofthe Contract Documents.
5. 5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as- built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor.
5. 6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California.
5. 7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor.
5. 8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code§ 4100 et seq. in document 00340( Subcontractors List) Article 6. Contract Documents
6. 1 Contract Documents consist ofthe following documents, including all changes, addenda, and modifications thereto:
Document 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00460 Schedule of Major Equipment and Materials Suppliers Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00510 Notice ofAward
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00821 Insurance
Technical Specification/ Special Provisions
Addenda( s)
City of Cupertino 00520- 3 - Contract
BBF Golf Course Maintenance
Project No. 2010- 01
6. 2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700( General Conditions).
Article 7. Miscellaneous
7. 1 Terms used in this Contract are defined in Document 00700 ( General Conditions) and will have the meaning indicated therein.
7. 2
It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.
7. 3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California. Public Contracting Code§ 4100 et seq.
7. 4 The Contract Sum includes all allowances( if any).
7. 5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act( 15 U. S. C.§ 15) or under the Cartwright Act( Chapter 2( commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties.
7. 6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City' s office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northem.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware ofthe provisions of Section 3700 ofthe Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents.
7. 7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity,- illegality or= enforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference( or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion).
7. 8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law ( excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action City of Cupertino 00520- 4 Contract
BBF Golf Course Maintenance
Project No. 2010- 01
or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 16, Part 3, Chapter 5.
00520 5
Contract
City of Cupertino i
BBF Golf Course Maintenance
Project No. 2010- 01
ovrP14
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written.
BLACKBERRY FARM GOLF COURSE MAINTENANCE
CITY: CONTRACTOR: y‘‘/
CITY OF CUPERTINO, a Municipal Corporation of the Professional Turf Management State of California
By: , 2'
Signature)
Attest:
y 1
rG/! Ue/ ( / CiSrZ
Kl Please print name here)
City Clerk: Kimberly ti 41
Appr e as to fog iu by City Attorney: Title:
If Corporation: Chairman, President, or Vice President] City Attorney: By:
Signature]
I hereby certify, under penalty of perjury, that David W. Please print name here] Knapp, City Manager of the City of Cupertino was duly
i authorized to execute this document on behalf of the City of Title:
Cupertino. If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer)
Dated: S, /8 . (D
7ZCvo C- 2%
State Contractor' s License No. Classification
2;i b , 3t 40 //
David W. Knapp, City Manager of the City of Cupertino, a Expiration Date Municipal Corporation of the State of California
Designated Representative: Taxpayer ID No. ( 2 ‘-" / 6 (7/l 63 T
Tale: City, qrc t tcc<1
1 Y-,.. I f. ;y
Ad(Ires, • i ' l' on'e Ave. Cup. r 1..... CA 9501
t
f
Phon;. s ' ' 3354 Phone: `'- J S ' 3.1 -. 5,.G.cp
Fae iusiic , w,i- 771..3333 Facsimile: ` i"OS' y..:l(. 05 NOTARY ACICI90 DGEMj'f IS R14' Qp1RED. IF A
4 COt 4isOV. A: 1 4.47 , T SM 9..NP tckFORATE":'
tNIJUNJ l J74, 4,20. 00
NOTARY Acicr o XI 1; DE11 rOf AND FEDERAL I t X:"CD ARE S( C f2t' N 1 Nt Jl 1} I x;` 60 I0-7(314: ,
n i c%, t 1tEQUIREp. IF NOT' A r'ORl'£ II+AFFO" SOCIAL, SECURITY FILE,;` O 32,( L 4 14 . i ` f NO. 1S R15Q.,- I12EJA
END OP__ _ GUI N'T
u:.,__: 1 : C1' 1i:. • 0 6 Contract
JJ' iriolf(:'',,, I..--,:- i',,laintcnut' J
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California F
County of 407;14 2A
4 Lou
9. Onf--12, pro before me,
t c- Ott I toO l,q'- y
c C
Date Here In rt Name and Title of trfe Officer
personally appeared f
i4
L— , t // Fpersonally
Name( s) of Signer( s)
i
io
who proved to me on the basis of satisfactory
evidence to be the person ' f
whose name =,are
alc LOUIE subscribed to •• within instrument and acknowledged i` t Commission# 1678503 me tha he/they executed the same in :
i
X0.191 Notary Public- California i, s er/their authorized capacity( ), and that by tt Z , F, Santa Clara county is er/their signature on the instrument the vi
My Comm. Expires Jul 26, 2610 person a'j, or the entity upon behalf of which the person(/ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing Vc
paragraph is true and correct. iici
WITNESS my ha • - nd officia41. 0
Signature: > - s
Place Notary Seal Above ary Public
OPTIONAL
Though the information below is not required by law, iv may prove valuab son .. '•• •.. •- •.--. ent and could prevent fraudulent removal and reattachment of this form to another document. l Description of Attached Document ,
Title or Type of Document:
r
Document Date: /? 4- C// / 7, .20/ 0 Number of Pages: -- 7" Signer( s) Other Than Named Above:
Capacityjs) Clef ed y Signer/al
Si ner' s Name: Sign: r' s Name: 0
Corporate Officer— Title( s): es. 4,-1 t Co ' orate O r icer— Title( s):
Individual RIGHT- THUMBPRINT El Indiv r ual RIGHT.THUMBPRINT', yl OF SIGNER OF.SIGNER
Partner— Limited General Top of thumb here Partne —• Limited General T. p of thumb • re Attorney in Fact Attorney• Fact
Trustee
J Trustee
Guardian or Conservator. Guardi. n or onservator 9
Other: f
Other 0
Cq `:.. Ri :)-
Signer Is Representing: 4 Signe Is Representing: j
6.` ._, ,. r ',_, 4\_..`..-. ..\_.._' ' "%—,.\•.'_.
4\,.\_.`..._..,,,..'._..,.-..?...\...:%_..\.,. s>,-,,...`.. 2009 National Notary Association• NalionalNotary. org• 1- 800- US NOTARY( 1- 800- 976- 6627) Item# 5907 i
J ) I} JJJ3J'J' / Proj ect No. 2010- 01
L/ 1
DOCUMENT 00400
BID FORM
To be submitted as part of Envelope" A" by the time and date specified in Document 00200( Instructions to Bidders).
TO THE HONORABLE CITY COUNCIL OF' nig CTTY OF CUPERTINO THIS BID IS SUBMITTED BY:
Ppo4ssioI 1u/4 C tl€ rJ
Firm/Company Name)
Re: PROJECT NUMBER 2010- 01
BLACKBERRY FARM GOLF COURSE MAINTENANCE
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino (" City") in the form included in the Contract Documents, Document 00520 ( Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non- responsive.
2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100( Advertisement for Bids), and Document 00200 ( Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening.
3. Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Site, as set forth in Document 00520( Contract), Article 5.
4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as- built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor.
5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430( Subcontractors List).
6. The undersigned Bidder understands that City reserves the right to reject this Bid.
7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200( Instructions to Bidders) within the times specified therein,' These documents include, but are not limited to, Document 00520( Contract), Document 00610( Construction Performance Bond), and Document 00620( Construction Labor and Material Payment Bond).
8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page.
10. The undersigned Bidder herewith encloses cash, a cashier' s check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in City of Cupertino Bid Form
BBF Golf Course Maintenance 00400- 1
Project No. 2010- 01
the State of California, in form specified in Document 00200 ( Instructions to Bidders), in the amount of ten percent( 10%) of the total of Bid and made payable to the" City of Cupertino".
11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 ( General Conditions) and to complete all work within the time specified in Document 00520 Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be requied to cooperate with such other work in accordance with the requirements of the Contract Documents.
12. The undersigned Bidder agrees that, in accordance with Document 00700 ( General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 Contract) shall be as set forth in Document 00f20( Contract).
Yoire6slovk
r^ fi / avictle / neh7—
City of Cupertino
Bid Form
BBF Golf Course Maintenance 00400- 2.
Project No. 2010- 01
SCHEDULE OF BID PRICES
All Bid items, including lump sums and unit prices, must be filled in completely. Quote in figures only, unless words are specifically requested.
Specialty Items are identified on the Bid Form in the description.
ESTIMATED UNIT
ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL
1. Provide Maintenance at 12 Months '
85 p' s
Blackberry Farm Golf Course U g2.0
2. Soil Sample Collection and 12 Each
00. °ITesting
TOTAL BID
7 PRICE 72 , D Ili 05 .4
1 jj
Total Bid. ONE. Dune - eQ ce1k - auR flOUSAJ -OUR.:/OSLO FILitifib crsK lJ t
words)
Unit Legend
LS = Lump Sum AL= Allowance
EA= Each SF= Square Feet
LF= Linear Feet
TON= Ton or 2, 000 Pounds
CY= Cubic Yards
LB= Pounds
0// i pb 4r6`e-/ 6 2.v, 1
1_ pi) i¢ % t / 7 4, 4-
ley i-V/} pod
3- 7Z--Cv e://:1 fX_2_
PrCale,5,3 10, ICZ I
it
or( 6' faiiage; neel1 •
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400- 3
1 Project No. 2010- 01
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS
Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda:
Addendum No. Addendum Date
217/ iv
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. flan
NAME OF BIDDER: / 3Ctessranet lie /' aajeKrre—
p
licensed in accordance with an act for the registration of Contractors, and with license number: 0 2( SDg
Expiration Date: / 0/ 3// / I
Cc? /, I rn i 4
Don / V ) t..) c?' 1
Where incorporated, if applicable
l R. 51 - c.
Principals
I certify( or declare) under penalty of perjury tnder the laws of the State of California that the foregoing is true and correct. deZdWa
Signature of Bidder
NOTE: If Bidder is a corporation, set forth the legal name of the corporation, state where incorporated, together with the signature of the officer or officers authorized to sign contracts on behalf ofthe corporation. 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.
Business Address: P O, eo x
700o i ./ a.
San So• e, Cc. ' A5 / 70
Officers authorized to sign contracts: 1o
VI NO c,vn a n
yl kc 4 s / e
yped\ Fu11 Name:
Telephone Number( s): 40.10 0 16--
Fax Number( s): q 0?) Y7 7- 6.0 / 1(
E- Mail Address: rke t7a3, lc© ADT,m 1, Com
END OF DOCUMENT
City of Cupertino
Bid Form
BBF Golf Course Maintenance 00400- 4
Project No. 2010- 01
DOCUMENT 00430
SUBCONTRACTORS LIST
Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract.
Description of Work:
Full Name of Subcontractor and Address Reference To Bid Items Subcontractor' s License No.
Bidder to attach additional sheets if necessary)
f
Tr
iv (
Bidder
END OF DOCUMENT
City of Cupertino 00430- 1 Subcontractors List
BBF Golf Course Maintenance
Project No. 2010- 01
DOCUMENT 00460
SCHEDULE OF MAJOR EQUIPMENT AND MATERIAL SUPPLIERS
The undersigned Bidder represents that, if awarded the Contract, the items of major equipment and materials specified below will be supplied by the manufacturers or suppliers specified below. By so indicating, bidder warrants that the equipment and materials manufacturer and/ or supplied by the named manufacturer or supplier will be provided on the Project unless review of submittal information or performance under tests reveals that the equipment or material does not meet Contract requirements. Failure to indicate a manufacturer or supplier listed in the following schedule may render the Bid non-responsive and may be the basis for rejection of the Bid.
Item
A
Manufacturer or Supplier
Ste-t- a YAcgf cc ia-C
Bidder: Pa; / tta n1 r
AS°
I•
rr
a
t a
DATE
END OF DOCUMENT
City of Cupertino
SCHEDULE OF MAJOR
BBF Golf Course Maintenance EQUIPMENT AND MATERIAL SUPPLIERS 00460- 1
Project No. 2010- 01
DOCUMENT 00481
NON- COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE§ 7106
NON- COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA
ss.
COUNTY OF SGn/ c C/, c;. )
17 i c. ia.e / Sca5 r. e being first duly sworn, deposes and says that he or she is icr, eirole Office of Affiant] of // oressio l
Tv-FMancyr P.47' [ Name of
Bidder], the party making the foregoing Bid, that the Bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Bidder has not in any manner, directly or indirectly, sought by contract, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any' advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.
Executed under penalty of perjury under the laws of the State of California:
455 roKcz ffemfq, er7 e, 77—
Name of Bidder)
t/
Signature of Principal)
Subscribed and sworn before me
d r C L 1I
SERJIO A. CANCHOLA
This 3i 4 day of1( • 2010 Commission# 1645391
7.71/ 1741t-• .. tory Public- California
7 t- t, r San1a Clara County
Notary Public of the State of `/ iOZ/` J
In and for the County of 1K G
My Comm. Erplres Feb 14, 2(110
My Commission expires 1-/ a ' Seal
If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.)
If Bidder [ including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.)
If Bidder' s affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.)
END OF DOCUMENT
City of Cupertino 00481 - 1 Non- Collusion Affidavit
BBF Golf Course Maintenance
Project No. 2008- 9421
DOCUMENT 00530
INSURANCE FORMS
INSURANCE FORMS INSTRUCTIONS
FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED.
ALL DOCUMENTS MUST BE ORIGINALS- SUBMIT IN TRIPLICATE
1. Insurance Agreement- Must be signed by Ccntractor.
2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company' s form. They must contain the same information.
3. Endorsement ofAdditional Insured and Primary Insurance and Notice of Cancellation- must be signed by the insurance agent for general liability and automobile liability only.
4. Comprehensive general liability/ commercial general liability endorsement of aggregate limits of insurance per project- must be signed by the insurance agent for general liability only.
5. Waiver of subrogation endorsement worker' s compensation insurance - must be signed by the insurance agent for worker' s compensation only.
City of Cupertino
Civic Center Fountain Upgrade 00530- 1 Insurance Forms
CITY OF
Project No. 2008- 9421
CUPERTINO INSURANCE AGREEMENT
IA. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker' s compensation or undertake selfinsurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract.
B. Contractor and all subcontractors will carry worker' s compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City' s officers, agents and employees and shall issue an endorsement to the policy evidencing same.
C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder' s all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the 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 1 Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best' s Guide Rating of A, Class VII or better or that is otherwise acceptable to the City.
City of Cupertino
Civic Center Fountain Upgrade 00530- 2 Insurance Forms
i.
Project No. 2008- 9421
LIMITS
Worker' s Compensation In accordance with the Worker' s Compensation p Employers' Liability Act of the State of California— Worker' s comp statutory" per CA Law; Employers' Liability
1, 000, 000 per occurrence.
General Liability- commercial general liability; Combined single limit of$2. 0 million per including provisions for contractual liability, occurrence; $ 4. 0 million in the aggregate personal injury, independent contractors and
products— completed operations hazard.
Automobile Liability- comprehensive covering Combined single limit of$ 1. 0 million per owned, non-owned and hired automobiles. occurrence.
L OM a / ki 17, eme.s7f By: !/ iC/ e //
Contractor' s Name)
v
Dated: // 2?// o 2010
City of Cupertino
Civic Center Fountain Upgrade 00530- 3 Insurance Forms
CITY OF
I. 4„ Project No. 2008- 9421
K .,,
e' r
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 narAed below and are in force at this time.
Insured: Y- o 5 tu-Y\ CLQ T LAr- c rCvAma
y.
YY eni1- xhG
Address: 9. 0 ,'(3t*c W 140-
Ste, s..- Lose... CCi4 ci 5( -TO—DI - 1
Description of operations/ locations/ products insured( show contract name and/ or number, if any):
2.c. @\ U-• irt., 6D t- F G o M--
Aa.%oS E?_____ Gtt6.
L e * r. I U° GiJb -
WORKER' S COMPENSATION * Statutory Min.
Employer' s
uaYk ( çorGlujtL) Liability
name of insurer) //
i 1Ibbb1 WO $ 10WNCOD $ ‘% bOD%OtO.
Insurance Company' s State License No. t) Pi-WC..-46- 31 t 1A I\ ( 1) 48,-•
Check Policy Type: Each Occurrence 1 ibbb% (AD .
COMPREHENSIVE GENERAL
LIABILITY
y.] Premises/ Operations General Aggregate I o oo, 06t)• 1 if applicable)
A
Owners & Contractors
Protective Aggregate A+b b b I abb .
Contractual for Specific
Contract Personal Injury
1ibC,O, c0o a, boo, buttcbaq
f] Products Liabili
XCU Hazards
fit] Broad Form P. D. Fire Damage( any one fire) $ } 00 t 000 • Severability of Interest
Clause
Personal Injury with Medical Expense 51 b bo,
Employee Exclusion Removed any one person) W
or Self-Insured
i COMMERCIAL GENERAL LIABILITY Retention N
i
1 1 5 6 9- %hS way/viz. n. c
name of ins} U
Policy No. (', LS 15( o l Expiration Date -/ f to
y
City of Cupertino
Civic Center Fountain Upgrade 00530- 4 Insurance Forms
Project No. 2008- 9421
AUTOMOTIVE/ VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident
Liability Coverage
1 Each Accident
STATE FARM INSURANCE
name of insurer)
or
Combined Single Limit $ 1, 000, 000.
Policy No. 191 4357- D04- 0513 Expiration Date 10/ 04/ 2010 BUILDER' S RISK" ALL RISK"
1 This is to certify that the following policy has been issued by the below- stated company in conformance with the requirements of the projec.: documents and is in force at this time.
N/A
Name of insurer)
Policy No. Expiration Date
Limits of Liability: Deductible:
JPD A copy of all Endorsements to the policy(ies) which in any way agent' s initial) limit the above- listed types of coverage are attached to this Certificate of Insurance.
This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance 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.
IT IS HEREBY CERTIFIED that the above pclicy( ies) provide liability insurance as required by the A a e •,, o- ee.. the •' an' the insured.
By:r/%/_, . . i ' Dated: April 23, 2010 20
i
lip ir' ' er -
1:'. ch Certificate of Insurance and Additional Insured Endorsement on company forms.
City of Cupertino
Civic Center Fountain Upgrade 00530-: Insurance Forms
CITY OF Project No. 2008- 9421
it/ ADDITIONAL INSURED ENDORSEMENT
y1. t P.
r>
and
CUPERTINO ENDORSEMENT OF PRIMARY INSURANCE
and
NOTICE OF POLICY
CANCELLATION ENDORSEMENT
Project Title and Number: 60( 4- CZ'..w' -.
1 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows:
The City of Cupertino (" City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are I hereby declared to be additional insureds under the terms of this policy, but only with respect to the 1 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 ( 3©) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino, I(" City"). Such notice shall be addressed to the City as- indicated below.
POLICY INFORMATION
1. Insurance Company: Sjg.4S CULL 7-4W Ur an.--e-P-. etr-v-eivw6-
2. Insurance Policy Number: C,LS 16(Q 5oi 9.4
3. Effective Date of this Endorsement: a- 4 . 20 l O
4. Insured: Qro i- tti5512 nr Q ' ar-Ir e? i Q 4. 0 ' l4 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be mailed. to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014.
I
I, Vat. 1 N okcid), v V XL •' I D A ^ 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.
City of Cupertino
Civic Center Fountain Upgrade 00530- 6 Insurance Forms
Project No. 2008- 9421
Signature ofAuthorized Representati e:
Original signature required on all nth e tints W shed '' 5e District) Names of \'
t
Agent/Agency: Vb{ ep. 1-V\ StkravtC 2VV1LPG Title: barest Address: 101$ 5 rlY-'*• Telephone:( 4)-6 9-413 ( j)31
l 4}Y Y1- of 0(- C) Facsimile: 2-.
City of Cupertino
Civic Center Fountain Upgrade 00530- 7 Insurance Forms
cirr of
Project No. 2008- 9421
COMPREHENSIVE GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
J\ ENDORSEMENT OF AGGREGATE LIMITS OF
CUPERTINO INSURANCE PER PROJECT
Project Title and Number: ' NA c b.e.+r t! to 60( f Cb U, - 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 as follows:
This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance.
The general aggregate limit under LIMITS OF INSURANCE applies separately to the project' described as
POLICY INFORMATION
n
1. Insurance Company: SC..ti Wig; raivcCQ, t . A-v,
2. Insurance Policy Number: Ct- 515(p50f
3. Effective Date of this Endorsement: 4- 20 J
4. Insured: o fcss 1) 1—W4- Mg netri P. YYte ir>k t ` f
5. Additional Insured: City of Cupertino, its directors, officers, agents and employees.
All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014.
I, V—.4 ft y b\ 1 print/type name)
warrant that I have autIority to btad the below listed Insurance Company and by my signature hereon do so bind this Company.
11 Signature ofAuthorized Representati Q o` t) i I
Original signature required on all •• rs menus fi.tnis i d to the m" trict) i Names of
Agent/ Agency:\ Jt' pida. , suWaKrcServtZea hC, Title: v' eStd ^k Address: Ft cS--- 91` - of Telephone:' 135-- ` I-)13
LANl yyycht Q (, v),C -(--5°5 0 Facsimile: q.35- a(-c 01 32-» City of Cupertino
Civic Center Fountain Upgrade 00530- 8 Insurance Forms
CITY OF
4 l// Project No. 2008- 9421
WAIVER OF SUBROGATION ENDORSEMENT
WORKER' S COMPENSATION INSURANCE
CUPERTINO
Project Title and Number: 1,0 f(-
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 payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above- referenced Contract.
POLICY INFORMATION
1. Insurance Company: 6. (,(( mt.,
2. Insurance Policy Number: 9 w L , D3Q3
3. Effective Date ofthis Endorsement 20 lb
4. Insured: cD - 22S C4 V Ak,: t.' .1 AA 1 A A I
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 Tone Avenue; Cupertino, California 95014.
I, i=- sC 1 V 0` brj print/ type name)
warrant that I have authority t bind the below hued Insurance Company and by my signature hereon do I so bind this Company.
01 Signature ofAuthorized Repres ntative: !
a, V
Original signature requir-+ on all E .• sementitu i hed to th, istrict) Names of
Agent/ Agency: TA _ i. • -&Title:
i_3\
l
Address: VI%j S4 Telephone: CI 3
Qr( r 04 kkt) Facsimile: 6135- V -
City of Cupertino
Civic Center Fountain Upgrade 00530- 9 insurance Forms
DATE( MMIDD/ YYY!)
4CORD, CERTIFICATE OF LIABILITY INSURANCE 4/ 19/ 2010
DUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND'
olpatti Insurance Services HOLDER. THISOCERT
OES NOTOAMEND, CEXTEND OR
985 First Street, Suite 205 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. i_vermore, CA 94550
925) 243- 0131 INSURERS AFFORDING COVERAGE NAIC#
tiRED Professional Turf INSURER& NorGuard Insurance
Management, Inc- INSURER B: Scottsdale Insurance Company PO Box 700142 INSURER C:
San Jose, CA 95170- 0142 INSURER D:
I •
INSURER E
VERAGES
HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH OLIC) ES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t % OWL POLICY EFFECTIVE POLICYEXPIRATION
INSRD TYPE OF INSURANCE POLICY NUMBER DATE( MMIDD/ YY) DATELMMIDD/ YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000
X COMMERCIAL GENERAL LIABILITY PREMISES( Ea occtrence) $ 100, 000 CLAIMS MADE X OCCUR MEDEXP( Any one person) _$ 5, 000
1 CLS1565924 4/ 1/ 09 4/ 1/ 10 PERSONAL 8ADVINJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2, 000, 000
GEM_ AGGREGATE LIMIT APPPUES PER PRODUCTS- COMP/ OP AGG $ 2, 0 0 0, 0 0 0 POLICY nJECT I
LOG
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANYAUTO
Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS
Per person)
HIRED AUTOS BODILY INJURY
NON-OWNEDAUTOS
dent)
PROPERTY DAMAGE $
Peraccldent)
GARAGE LIABILITY
AUTO ONLY- EA ACCIDENT $
ANYAUTO OTHER THAN
E4ACC $
AUTOONLY: AGG $
EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR 1 I
CLAIMS MADE AGGREGATE '
DEDUCTIBLE
RETENTION 5
WORKERSCOMPENSATIONAND X I TORY IMITS IOER
EMPLOYERS' LIABILITY EL EACH ACCIDENT 1, 000, 000
ANY PROPRIETOR/ PARTNEMIXECVDVE
L
OFFICenINEMBEREXCWDED? PRWC120303 4/ 1/ 10 4/ 1/ 11 EL DISEASE- EA EMPLOYEE $ 1, 000, 000 uYes, describeunder
SPECIAL PROVISIONS below EL DISEASE- POLICY LIMIT $ 1, 0 0 0, 0 0 0 OTHER
SCRIPTION OF OPERATIONS! LOCATIONS/ VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS ton: Blackberry Golf Course. , 22100 Stevens Creek Blvd, Cupertino CA 95014 See attached forms from the City of Cupertino.
RTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino DATE THEREOF, THE ISSUING INSURER WILLO MA5_30 DAYS WRITTEN 10300 Torre Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Cupertino CA 95014 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
GCRESENTAT1VE
Al A
I V U' 1 1 r l
ORD25( 2001/ D8) ACORD CORPORATION 1988
iTAI[ f lM
ollo CERTIFICATE OF INSURANCE
IMSYI NClO
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW.
This certifies that - STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below:
NAMED INSURED: BASILE, MICHAEL DBA PROFESSIONAL TURF MGT ADDRESS OF NAMED INSURED: 1310 SADDLE RACK ST APT 302, SAN JOSE CA 95126- 5105 POLICY NUMBER 191 9357- D04- 05B
EFFECTIVE DATE
OF POLICY 04/ 04/ 2010 to 10/ 04/ 2010
DESCRIPTION OF
VEHICLE( Including VIN) 05 FORD EXPED
LIABILITY COVERAGE ® YES NO YES NO YES NO YES NO
LIMITS OF LIABILITY
a. Bodily Injury
Each Person
Each Accident
b. Property Damage
Each Accident
c. Bodily Injury&
Property Damage
Single Limit 1, 000, 000
Each Accident
PHYSICAL DAMAGE
COVERAGES YES NO YES NO YES NO YES NO
a. Comprehensive 250 Deductible $ Deductible $ Deductible $ Deductible
YES NO YES NO YES NO YES NO
b. Collision 500 Deductible $ Deductible $ Deductible $ Deductible
EMPLOYERS NON- OWNED ,
NO YES NO YES NO YES NO
CAR LIABILITY COVERAGE
HIRED CAR LIABILITY
COVERAGE
YES NO YES NO YES NO YES 0 NO
FLEET- COVERAGE FOR
ALL OWNED AND LICENSED
MOTOR VEHICLES
YES NO YES NO YES .. . NO YES NO
k_// a J
4 AGENT 2207 04/ 23/ 10
fgnature of Auth• ' zed Representative /, A
Title Agent' s Code Number Date
Name and Address of Certificate Hol• rr Name and Address of Agent
CITY OF CUPERTINO J PHILLIP DRIVER, III
10300 TORRE AVEENUE
STATE FARM INSURANCE
CUPERTINO, CA 95014 120 W CAMPBELL AVE. STE A
CAMPBELL, CA 95008
INTERNAL STATE FARM USE ONLY: Request permanent Certificate of Insurance for liability coverage. 122429. 3 Rev. 07- 26- 2005 Ei Request Certificate Holder to added as an Additional Insured.
Project No. 2010 -01
DOCUMENT 00520
il
CONTRACT 2
4 /'
THIS CONTRACT, dated this 17` day of March, 2010, by and between Professional Turf Management whose place of business is located at 510 Salmar Avenue, Campbell, CA 95008 ( "Contractor "), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ( "City ") acting under and by virtue of the authority vested in the City by the laws ofthe State of California.
WHEREAS, City, on the 16 day of March, 2010 awarded to Contractor the following Project:
PROJECT NUMBER 2010 -01
BLACKBERRY FARM GOLF COURSE MAINTENANCE
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows:
Article 1. Work
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents.
Article 2. Agency and Notices to City
2.1 City has designated Don McCarthy, Recreation Supervisor, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and in3emnities.
2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at:
10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor.
Article 3. Contract Time and Liquidated Damages
3.1 Contract Time.
The Contract Time will commence to run on July 1, 2010.
The term of this contract shall be two (2) years from the start date of the contract. The City shall retain the option to extend the term of the contract on a year -to -year basis not exceeding three (3) years from the expiration of the original term, for a possible total of five (5) years.
Any such renewal after the first two (2) 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. Any such renewal shall contain the same provisions as the original contract, including and increase or decrease in compensation paid to the Contractor. Any increase or decrease in the prwious contract price shall be based on the annual percentage change in the Consumer Price Index (CPI) as of April of 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 firs two years of the contract.
City of Cupertino 00520 - 1 Contract
BBF Golf Course Maintenance
Project No. 2010 -01
3.2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Cor..sistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work.
Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City:
3.12. 150 for each Calendar Day that work is not completed as required.
3.22. 2,000 for each occurrence of a vio.ation of Document 00800, Section 1.7 WORK DAYS AND HOURS.
3.2. Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor'scontrol or without City approval.
Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work.
Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements.
3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or otter third - parties), and defense costs thereof.
Article 4. Contract Sum
4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article 5. Contractor'sRepresentations
In order to induce City to enter into this Contract, Contractor makes the following representations and warranties:
5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, acct al conditions, as -built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.
5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as -built drawings, drawings, products specifications or reports, available for Bidding purposes, of City of Cupertino 00520 - 2 Contract
BBF Golf Course Maintenance
Project No. 2010 -01
physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in .such materials upon which Contractor may be entitled to rely.
Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings.
5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies ( in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as -built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes.
5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as -built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor.
5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California.
5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto:
Document 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00460 Schedule of Major Equipment and Materials Suppliers Document 00481 Non - Collusion Affidavit
Document 00482 Bidder Certifications
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00821 Insurance
Technical Specification/Special Provis ions
Addenda(s)
City of Cupertino 00520 - 3 Contract
BBF Golf Course Maintenance
Project No. 2010 -01
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions).
Article 7. Miscellaneous
7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U. C. § S15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties.
7.6 Copies ofthe general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director ofthe State of California Department of Industrial Relations, are deemed included in the Contract Document; and on file at City's office, or may be obtained of the State of California web site http:// www. dir. gov/ PWD html ca. DL3R/ Northern. and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents.
7.7 Should any part, term or provision ofthis Contract or any ofthe Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion).
7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action City of Cupertino 00520 - 4 Contract
BBF Golf Course Maintenance
Project No. 2010 -01
or proceeding arising out of the Contract D acuments to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division
3.6, Part 3, Chapter 5.
City of Cupertino 00520 - 5 Contract
BBF Golf Course Maintenance
Project No. 2010 -01
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above w •
BLACKBERRY FARM GOLF COURSE MAINTENANCE
IP
CITY: CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation of the Professional Turf Management State of California
B Y• Or,. r 4,,./ CZ2
Signature]
Attest:
Please print name here]
City Clerk: Kimber Smith
Approved as to form by City Attorney: Title: v C -
If Corporation: Chairman , President, or Vice President] City ey: By:
Signature]
V/A
I hereby certify, under penalty of perjury, that David W. Please print name here] Knapp, City Manager of the City of Cupertino was duly
authorized to execute this document on behalf of the City of Title:
Cupertino. If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer]
Dated: I g. ( 05 0 C — 22
Se.... j1.)
State Contractor'sLicense No. Classification
CA) 0 /3 ! / Z 0 /
David W. Knapp, City Ma ager of the City of Cupertino, a Expiration Date Municipal Corporation of the State of California
c
Designated Representative: Taxpayer ID No. 0 6 — (
Name: Terry W. Greene, AIA Name: iG ,- 1S, /e
Title: City Architect Title: freS eit .
Address: 10300 Torre Ave., Cupertino, CA 95014 Address: PO. 6 iScw3ne. (A 'SI7° Phone: 408 - 777 -3354 Phone: 3(6 - 3866
Facsimile: 408- 777 -3333 Facsimile: 7e:43' O 95 - 6054 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A
AMOUNT: $ 174, 00420. 4
CORPORATION, CORPORATE SEAL AND CORPORATE
ACCOUNT NUMBER: 560 -6040-7014 IVj NOTARY ACOEDEMENT KNWL AND FEDE TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY
FILE NO.: 92, 14054. NO. IS REQUIRED
END OF DOCUMENT
City of Cupertino 00520 - 6 Contract
BBF Golf Course Maintenance
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
a*• . R 7 Y v- - -.. v v r • v .i- Vii- .7
AI
i, State of California
County of 544174 d-44
P, OnAr--- 2, Date h-/before me, Oe—/- 4/401- iO"T Reu
t'-iere Insert Name and rale of the Officer
personally appeared R/ Aec-- Cei/T.5iL6"
l Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person whose name Is re
subscribed to t - within instrument and acknowledged
to me thathe /they executed the same in
er /their authorized capacity(, and that by
i
hi er/their signatures on the instrument the
person) f, or the entity upon behalf of which the
personl acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
I ,, laws of the State of California that the foregoing 5 paragraph is true and correct.
WITNESS my - . nd and offici
r<
Signature: 11111 401111
1,, Place x,'' 4 Notary Seal Above Signs - o ota Public
OPTIONAL
Though the information below is not required by law, it may prove v. uabl- :.ersons rely) • •. ument and could prevent fraudulent removal and reattachment o is form to another documen . 7jl id
Title
Description
or
of AttachedDocumen
Type of Document: e,,Qtii 4
1 Document Date: , ? 4- 6/ /744 20/O Number of Pages:
Signer(s) Other Than Named Above: I
p
Capacity(Claimed y S e
Signer's
Name: Sig er's Na -:
0, EX Corporate Officer — Title(s): f e.7p s ) T El rporat- Officer — Title(s):
Individual RIGHT THUMBPRINT I n • VICIU . 1 RIGHT THUMBPRINT
OF SIGNER OF SIGNER
l' Partner — El Limited El General Top of thumb here Part - , — El Limited El General op of thumb here Attorney in Fact Attorn - in Fact
Trustee Trus - e
Guardian or Conservator Gu. dian o Conservator s ,,
El Other: f , 1;,..:: € c ”. Ot er:
i 1# w;
Signer Is Representing. Sig er Is Represen g:
A- as.. Yti,q_ -+: n._.. sue: 2 s#" A . k:`w6 –' o s.• ,• • ue.• 2009 National Notary Association • NationalNotary . org • 1- 800 -US NOTARY ( 1- 800 -876 -6827) Item #5907 EX } Project No. 2010 -01 1113I1
DOCUMENT 00400
BID FORM
To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders).
TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO
THIS BID IS SUBMITTED BY:
POJAPOe I
FirmiC'
TtA
ompan Name)
rIANAG6rIEN't"
Re: PROJECT NUMBER 2010 -01
BLACKBERRY FARM GOLF COURSE MAINTENANCE
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino ( "City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non- responsive.
2. Bidder accepts all of the terms and conditions o f the Contract Documents, Document 00100 (Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening.
3. Bidder has visited the Site and performed all t&ks, research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Site, as set forth in Document 00520 (Contract), Article 5.
4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as -built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor.
5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430 (Subcontractors List).
6. The undersigned Bidder understands that City reserves the right to reject this Bid.
7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to, Document 00520 (Contract), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond).
8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page.
10. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety band furnished by a surety authorized to do a surety business in City of Cupertino Bid Form
BBF Golf Course Maintenance 00400 - 1
Project No. 2010 -01
the State of Califomia, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (10 %) of the total of Bid and made payable to the "City of Cupertino ".
11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents.
12. The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 Contract) shall be as set forth in Document 00520 (Contract). o , 35 / 60 I re 1 /)? e
U
Gti
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400 - 2
Project No. 2010 -01
SCHEDULE OF BID PRICES
All Bid items, including lump sums and unit prices, must be filled in completely. Quote in figures only, unless words are specifically requested.
Specialty Items are identified on the Bid Form in the description.
ESTIMATED UNIT
ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL
1. Provide Maintenance at 12 Months
1`, $ , Blackberry Farm Golf Course
I
2. Soil Sample Collection and 12 Each 2- Testing 50.' V ®0 .
TOT AL BID
PRICE jlj2 D
Total Bid: QINS kur . WO rte. f
au Q -(?. / ZD h csK Ada i j
words)
Unit Legend
LS = Lump Sum AL = Allowance
EA = Each SF = Square Feet
LF = Linear Feet
TON = Ton or 2,000 Pounds
CY = Cubic Yards
LB = Pounds
Preo 1 11 ;r'1 ra aye
ine 1 "
fid
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400 - 3
Project No. 2010 -01
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS
Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda:
Addendum No. Addendum Date
2/
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: ottessrora I I ofr ^7" eri
licensed in accordance with an act for the registration of Contractors, and with license number: F2 (SOg Expiration Date: 1
Ca / 1i^ in vaU+'tU
Where incorporated, if applicable q
f // ,( Jati t
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 ofthe 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.
Business Address: P O, l3o x 700 / `/ Z
5a0 SOSe , Cc. 5 / 70
Officers authorized to sign contracts: v, / va v:'+1 a n,4 4 i 6,1 s; /e
Typed Full Name:
Telephone Number(s): CgOV) 3 /1/ 54.3 8C
Fax Number(s): qo) o-947
E -Mail Address: 7 i re aS i Q oTin a , C o
END OF DOCUMENT
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400 - 4
Project No. 2010 -01
DOCUMENT 00430
SUBCONTRACTORS LIST
Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract.
Description of Work:
Full Name of Subcontractor and Address _ Reference To Bid Items Subcontractor'sLicense No.
POrkit
Bidder to attach additional sheets if necessary) k45_5' / 0 o a / idv 16 ' 4 er - mPnEND OF DOCUMENT f
City of Cupertino 00430 - 1 Subcontractors List BBF Golf Course Maintenance Project No. 2010 -01
DOCUMENT 00460
SCHEDULE OF MAJOR EQUIPMENT AND MATERIAL SUPPLIERS
The undersigned Bidder represents that, if awarded the Contract, the items of major equipment and materials specified below will be supplied by the manufacturers or suppliers specified below. By so indicating, bidder warrants that the equipment and materials manufacturer and/or supplied by the named manufacturer or supplier will be provided on the Project unless review of submittal information or performance under tests reveals that the equipment or material does not meet Contract requirements. Failure to indicate a manufacturer or supplier listed in the following schedule may render the Bid non - responsive and may be the basis for rejection of the Bid.
Item Manufacturer or Supplier
1 i
e - ehA PACQ. ' GGi-,7( g
Bidder: 1" 4510.la- 0 / I(ttanQ t
elr
Alt 4e
30 0
DATE
END OF DOCUMENT
City of Cupertino SCHEDULE OF MAJOR
BBF Golf Course Maintenance EQUIPMENT AND MATERIAL SUPPLIERS 00460 - 1
Project No. 2010 -01
DOCUMENT 00481
NON - COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE §7106
NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA
COUNTY S T c / Ss.
TY
OF 4 a q'q )
UPS' /e being first duly sworn, deposes and Jra4kir aes, says that he or she is Office of A:ffiant] of /90 Tv fNla,,4ye,,,, - y- [ Name of Bidder], the party making the foregoing Bid, that the Bii is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Bidder has not in any manner, directly or indirectly, sought by contract, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.
Executed under penalty of perjury under the laws of theof California: -- 7- J
vj - P5.5roya If- C•, ^-Qti j''f soh 9 .-7
Name of Bidder)
r
Signature of Principal)
Subscribed and sworn before me 4) L.
This /,...5-e4 day of j 2010
omm1
A. #
164539
r•1
Cornmission # 1645391
Z
000 cri C D Notary Public of the State of 4 Vi;!' Santa r
Clara
blic caul
In and for the County of G / // My Comm. Expires Feb 14, 2014 My Commission expires o2- 3
Seal
IfBidder is a partnership or a joint venture, this ;affidavit must be signed and sworn to by every member of the partnership or venture.) If Bidder [including any partner or venturer of .1 partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or V;ce President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.) If Bidder's affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.)
END OF DOCUMENT
City of Cupertino 00481 - 1
BBF Golf Non - Collusion Affidavit Course Maintenance
ACORDT„ CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/ YYYY) DD/
4/ 20109/
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION atti Insurance Services
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Volp HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1985 First Street, Suite 205 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Livermore, CA 94550
925) 243 - 0131 INSURERS AFFORDING COVERAGE NAIC#
INSURED Professional Turf INSURER A: NorGuard Insurance Management, Inc. INSURER B: Scottsdale Insurance Company PO Box 700142 INSURER C:
San Jose, CA 95170 -0142 INSURER D:
I
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRR
INSR D
POLICY NUM DATE(D/MM/ YY) DATE
POLICY LIMITS
L7 INSRD GENERALL
INSURANCE
LIABILITY
EACH OCCURRENCE 1, 00000,
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES ( Ea occurence) 100,000
CLAIMS MADE X OCCUR
MED EXP (Any one person) 5,000
B CLS1565924 4/ 091/ 4/ 101/ PERSONAL &ADVINJURY 1, 00000, GENERAL AGGREGATE 2, 000000,
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG $ 2, 000000,
POLICY 7 jECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident)
ANYAUTO
ALL OWNED AUTOS BODILY INJURY
Per person)
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
Peraccident)
NON-OWNED AUTOS
PROPERTY DAMAGE
Per accident)
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
ANY AUTO OTHER THAN
EAACC $
AUTO ONLY: AGG $
EXCESS / UMBRELLA LIABILITY
EACH OCCURRENCE
OCCUR CLAIMS MADE
AGGREGATE
DEDUCTIBLE
RETENTION
WORKERS COMPENSATION AND
X TORYL MITS
OTHER
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 1, 000000,
ANY PROPRIETOR/ EXECUTIVE PARTNER/
A
OFFICER/MEMBER EXCLUDED? PRWC 12 0 30 3 4/ 101/ 4 / 1 / 11 E.L. DISEASE - EA EMPLOYEE $ 1, 000000, If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT $ 1, 000000,
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Blackberry Golf Course., 22100 Stevens Creek Blvd, Cupertino CA 95014 See attached forms from the City of Cupertino.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO City of Cupertino DATE THEREOF, THE ISSUING INSURER WILL S9CZAKO O MAIL30 DAYS WRITTEN 10300 Torre Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Cupertino CA 95014 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHO' D NTATIVE
c I
I
ACORD25(2001108) MII 1
Qt RD CORPORATION 1988
STAFF FARM
INSURANC® CERTIFICATE OF INSURANCE
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW.
This certifies that: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below:
NAMED INSURED: BASILE, MICHAEL DBA PROFESSIONAL TURF MGT ADDRESS OF NAMED INSURED: 1310 SADDLE RACK ST APT 302, SAN JOSE CA 95126 -5105 POLICY NUMBER 191 4357- D04 -05B
EFFECTIVE DATE
OF POLICY 04/ 201004/ to 10/ 2__04/
DESCRIPTION OF
VEHICLE ( Including VIN) 05 FORD EXPED
LIABILITY COVERAGE YES NO YES NO YES NO YES NO
LIMITS OF LIABILITY
a. Bodily Injury
Each Person
Each Accident
b. Property Damage
Each Accident
c. Bodily Injury &
Property Damage
Single Limit 1, 00000,
Each Accident
PHYSICAL DAMAGE
COVERAGES YES NO YES NO YES NO YES NO
a. Comprehensive 250 Deductible Deductible Deductible Deductible
YES NO YES NO YES NO YES NO
b. Collision 500 Deductible Deductible Deductible Deductible
EMPLOYERS NON -OWNED
CAR LIABILITY COVERAGE 111 YES NO YES NO YES NO YES NO
HIRED CAR LIABILITY
COVERAGE NO YES NO YES El NO YES NO YES
FLEET - COVERAGE FOR
ALL OWNED AND LICENSED
MOTOR VEHICLES ID YES NO YES NO YES NO YES NO
iatur /Let° aA:ttZA AGENT 2207 04/ 1023/
e of Authoritbd Representative 61 , Title Agent's Code Number Date nd Address of Certificate Hol Name and Address of A•ent
CITY OF CUPERTINO J PHILLIP DRIVER, III
10300 TORRE AVEENUE SPATE FARM INSURANCE
CUPERTINO, CA 95014 120 W CAMPBELL AVE. STE A
CAMPBELL, CA 95008
INTERNAL STATE FARM USE ONLY: Request permanent Certificate of Insurance for liability coverage. 122429.3 Rev. 07 -26 -2005 Request Certificate Holder to be added as an Additional Insured.
Project No. 2008 -9421
DOCUMENT 00530
INSURANCE FORMS
INSURANCE FORMS INSTRUCTIONS
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'scompensation only.
City of Cupertino
Civic Center Fountain Upgrade 00530 - 1 Insurance Forms
CITY OF
v '
Project No. 2008 -9421
CUPERTINO INSURANCE AGREEMENT
A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self - insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract.
B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same.
C. Contractor shall carry at all tunes, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the 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 detennined 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'srating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City.
D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City.
City of Cupertino
Civic Center Fountain Upgrade 00530 - 2 Insurance Forms Project No. 2008 -9421
LIMITS
Worker's Compensation In accordance with the Worker's Compensation Employers' Liability Act of the State of California — Worker'scomp statutory" per CA Law; Employers' Liability
1, 00000,per occurrence.
General Liability - commercial general liability; Combined single limit of $2.0 million per including provisions for contractual liability, occurrence; $4.0 million in the aggregate personal injury, independent contractors and
products — completed operations hazard.
Automobile Liability - comprehensive covering Combined single limit of $1.0 million per owned, non -owned and hired automobiles. occurrence.
t P `S /Grit. l ' G • ^rfj,lpn 401 t7 By:i Ali , . it r .• 11Si , 'c Contractor'sName)
Dated: Z / 20 /0
City of Cupertino
Civic Center Fountain Upgrade 00530 - 3 Insurance Forms
CITY OF
Project No. 2008 -9421
CUPERTINO
CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO
This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time.
Insured: k--2 SS I
s
I — itAj4-- Y yvk 1 'NCi
Address: 1
SCIIY1 k Ci CIS j 10
Description of operations /locations /productsinsured (show contract name and/or number, if any):
Ek ekb-e
milt Ci 0 t
U1
vol,
WORKER'S COMPENSATION Statutory Min.
Employer's
t , cc . mr( ( r'oiaA4 Liability
name of insurer)
tfM1
Insurance Company'sState License No. M - 314fl' es e
Check Policy Type: Each Occurrence CUD •
COMPREHENSIVE GENERAL
LIABILITY
7.] Premises /Operations Ger.eral Aggregate X
trap ) cfl5O .
ifapplicable)
4 Owners & Contractors
Protective Aggregate I o 1 0131) •
Contractual for Specific
Contract Personal Injury
IeVOI tnr0 21mrnpi li
Products Liabili
XCU Hazards
Broad Form P.D. Fire Damage ( any one fire) OD MTV •
Severability of Interest
Clause
Personal Injury with Medical Expense 5, tTI
Employee Exclusion Removed any one person)
or Self-Insured
COMMERCIAL GENERAL LIABILITY Retention
1( 1c ca. s u. A, t___ ce, C
I5
name of insurer)
Policy No. C L5 p5 l Expiration Date b , ( 0
City of Cupertino
Civic Center Fountain Upgrade 00530 - 4 Insurance Forms Project No. 2008 -9421
AUTOMOTNE/VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident
Liability Coverage
Each Accident
STATE FARM INSURANCE
name of insurer)
or
Combined Single Limit 1, 000. 000,
Policy No. 191 4357 D04 - 05B Expiration Date 10/ 21004/ BUILDER'S RISK "ALL RISK"
This is to certify that the following policy has been issued by the below- stated company in conformance with the requirements of the project documents and is in force at this time.
N/A
Name of insurer)
Policy No. Expiration Date
Limits of Liability: Deductible:
JPD A copy of all Endorsements to the policy(ies) which in any way agent's initial) limit the above - listed types of coverage are attached to this Certificate of Insurance.
This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance 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.
IT IS HEREBY C ' TIFIED th. the above polcy(ies) provide liability insurance as required by do
the A ._ - me I .1' een e C' I . th op
ured.
By' AN. A Dated: April 23, 2010 20
P illip Driv'rI
ach Certificate of Insurance and Additional Insured Endorsement on company forms.
City of Cupertino
Civic Center Fountain Upgrade 00530 - 5 Insurance Forms
CITY OF
I Project No. 2008 -9421
ADDITIONAL INSURED ENDORSEMENT
p- and
CUPERTINO ENDORSEMENT OF PRIMARY INSURANCE
and
NOTICE OF POLICY
CANCELLATION ENDORSEMENT
Project Title and Number: 60 1- -
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any ether Endorsement attached thereto, it is agreed as follows:
The City of Cupertino ( "City ") and its d rectors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and 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 cf 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: JAL- Ate. =AL W
2. Insurance Policy Number: C LS i P ,5' aLl--
3. Effective Date of this Endorsement: 20 j 0
4. Insured: 9y-c, 4-css ( 1 ^ lAh , IA t! i .' II >.. 1 i - -- d
All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014.
V o ( 8 print /type name)
warrant that I have autho`tity to bind the bel i
listed In rance Company and by my signature
hereon do so bind this Company.
City of Cupertino
Civic Center Fountain Upgrade 00530 - 6 Insurance Forms Project No. 2008 -9421
l '1
Signature ofAuthorized Represent. Jgsjs I i
Original signature required on a r -ments fjr
i led to th istrict)
Names of
Agent/Agency: 1_ +p_ V A A . i ' Title:
II `
Address: A-•- 4 Telephone: 9 b 31
L ivvia) b 0_,, CA4 Q Facsimile: q5 ? pLE; bJ JCity of Cupertino Civic Center Fountain Upgrade 00530 - 7 Insurance Forms
CITY OF
Project No. 2008 -9421
Ape,.
p!' COMPREHENSIVE GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
ENDORSEMENT OF AGGREGATE LIMITS OF
CUPERTINO INSURANCE PER PROJECT
Project Title and Number: N( 42... 9, 6 11
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 as follows:
This Endorsement modifies the insurance provided under the General Liability Coverage part of the below - referenced policy of insurance. described The general aggregate limit under LIMITS OF INSURANCE applies separately to the project as
POLICY INFORMATION
1. Insurance Company:a t0—AA... I
A, e, `,
1p
2. Insurance Policy Number: J L.S 16(4) 59 a +,
3. Effective Date of this Endorsement: Q-4- 2010 CPd. Y04eZ 4. Insured: I (k Vl!.Aii :I :At' Jr.
5. Additional Insured: City of Cupertino, its directors, officers, agents and employees.
All notices herein provided to be given by the Insurance Company to the City in connection with this Cupertino, policy California and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; 95014.
I' 4 0 kA (
warrant
rint/ e name) that I have a
thority tand the below listed :insurance Company and by my si hereon so bind this Company. y g do Signature of Authorized Representative: I , i, • Aveir Original signature required on al nth se 1 ents ; h i ed to th istrict)
Names of
Agent/AgencyNp i,6 -rhst W
Address: \c1 ra
3pc.„Title: idjb
a-on Telephone: 9-(19 0) Lv r
k 04 C -ft Facsimile: q c3 U' i : -
City of Cupertino
Civic Center Fountain Upgrade 00530 - 8
Insurance Forms
CITY OF
1 / Project No. 2008-9421
N
WAIVER OF SUBROGATION ENDORSEMENT
WORKER'S COMPENSATION INSURANCE
CUPERTINO
L n
Project Title and Number: Wr_.... em ( b..1 o I T' A
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 payment made on account of injury, including death resulting therefrom, sustained by any employee o f the insured, arising out of the performance of the above - referenced Contract.
POLICY INFORMATION
1. Insurance Company: NEl UI ot,
2. Insurance Policy Number: P R VJ C., 1 ) Q2, O3
3. Effective Date of this Endorsement: 4 1 20 ID
4. Insured: y( 1,U1 "o LiJA to i.i //` f A
All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014.
I, Q AL i . V 0 1 print/type name)
warrant tea I have aut to bind the blisted Insurance Company and by my signature hereon do so bind this Company.
Signature of Authorized Repre -ntative: Q 1
A Inf
Original signature required •n all Endo ements ed to the ft• strict) Names of
r
Agent/Agency: V
v S1h1f itle:
Address: t g `6-5 4 k C j Telephone: 3b)
V
Lv ,-Q eCsi rat,Q C.A. 1 Ci acsimile: c' C33 0
City of Cupertino
Civic Center Fountain Upgrade 00530 - 9 Insurance Forms City of Cupertino
Blackberry Farm Golf Course Maintenance 2016 00001 - 1
Title Page
DOCUMENT 00001
RECREATION & COMMUNITY SERVICES DEPARTMENT
10300 TORRE AVENUE
CUPERTINO, CALIFORNIA 95014
PROJECT MANUAL
FOR THE
BLACKBERRY FARM GOLF COURSE
MAINTENANCE 2016
Proposal Due Date:
Monday, Nov. 23, 2015
Attachment J
City of Cupertino
Blackberry Farm Golf Course 2016 00010 - 1 Table of Contents DOCUMENT 00010
TABLE OF CONTENTS
INTRODUCTORY DOCUMENTS
Document Title
00001 Title Page
00010 Table of Contents
BIDDING DOCUMENTS
Document Title
00100 Advertisement for Bids
00200 Instructions to Bidders
00201 Bid Submittal and Site Map
00210 Indemnity and Release Agreement
00320 Existing Conditions
00400 Bid Form
00430 Subcontractors List
00450 Statement of Qualifications
00481 Non-Collusion Affidavit
00482 Bidder Certifications
CONTRACTING DOCUMENTS
Document Title
00510 Contract
00530
00660
Insurance Forms
Substitution Request Form
GENERAL CONDITIONS DOCUMENTS
Document Title
00700 General Conditions
00800
00820
Special Conditions
Special Environmental Conditions
00821 Insurance
00822 Apprenticeship Program
TECHNICAL PROVISIONS
END OF SECTION
City of Cupertino 00100 - 1 Advertisement for Bids
Blackberry Farm Golf Course Maintenance 2016
DOCUMENT 00100
ADVERTISEMENT FOR BIDS
NOTICE: THE CITY OF CUPERTINO, a Municipal Corporation of the State of California (“City”) hereby gives notice that it will accept Bids for:
BLACKBERRY FARM GOLF COURSE MAINTENANCE 2016
1. BID SUBMISSION: The City uses a two-part Bid process with Bids in Envelope “A” and Statements of Qualification in Envelope “B”. City will accept Envelope “A” and Envelope “B” before 3:00 p.m. on Monday November 23, 2015 in the City Clerk’s Office in City Hall, 10300 Torre Avenue. City’s representative will call out the designated time in the City Clerk’s Office, stating that the period for accepting Bids is closed. Bids will be publicly read at 3:05 p.m. in the City Hall Lobby. The Bid opening will be in accordance with procedures set forth in Document 00200 (Instructions to Bidders).
2. CONTACT INFORMATION:
Department of Recreation and Community Services
408 777 3110 general
408 777 3333 fax
[email protected]; [email protected]
City Hall, 10300 Torre Avenue
Cupertino, CA 95014
3. STATEMENT OF QUALIFICATIONS: Each Bidder shall be required to submit a “Statement of Qualifications” in accordance with Document 00450 (Statement of Qualifications).
4. DESCRIPTION OF THE WORK: Work includes maintenance of Blackberry Farm Golf Course in the city of Cupertino.
5. CONTRACT TIME: Work shall commence on January 1, 2016 and proceed per the contract requirements.
6. REQUIRED CONTRACTOR’S LICENSE: A California Class “A” General Engineering or Class “C27” Landscaping contractor’s license is required to Bid this Contract. Joint ventures must secure a joint venture license prior to award of this Contract. Removal, handling, and/or disposal of hazardous materials may, by law, require hazardous substance removal certification by the Contractor’s State License Board.
7. Required Contractor and Subcontractor Registration
a. Owner shall accept Bids only from Bidders that (along with all Subcontractors listed in Document 00430 (Subcontractor List) are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.
b. Subject to Labor Code Sections 1771.1(c) and (d), any Bid not complying with paragraph 1.01a above shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1) or if federal funds are involved in the Contract (Labor Code Section 1771.1(a)), Owner may accept a non-complying Bid provided that Bidder and all listed Subcontractors are registered at the time of Contract award.
8. PREVAILING WAGE LAWS: The successful Bidder must comply with all prevailing wage laws applicable to the Project, and related requirements contained in the Contract Documents.
City of Cupertino
Blackberry Farm Golf Course Maintenance 2016 00200 - 1 Instructions to Bidders DOCUMENT 00200
INSTRUCTIONS TO BIDDERS
Bids are requested for a general construction contract, or work described in general, as follows:
Blackberry Farm Golf Course Maintenance 2016
1. RECEIPT OF BIDS. Sealed Bids will be received by the City at City’s office (see paragraph 2 below) on the date shown in the Advertisement for Bids. City will receive Bids in two separate opaque sealed 10” x 13” envelopes, labeled Envelope “A” and Envelope “B” each containing the respective items described in paragraphs 4 and 5 below. All Bid envelopes will be time stamped to reflect their submittal time. Envelope “A” and Envelope “B” shall be due before 3:00 p.m. as determined by the clock on the wall of the office of the City Clerk. Bids will be publicly read at 3:05 p.m. in the City Hall Lobby. City will reject all Bids received after the specified time and will return such Bids to Bidders unopened. Bidders must submit Bids in accordance with this Document 00200.
2. CONTACT INFORMATION.
Mailing address:
City of Cupertino
City Hall
10300 Torre Avenue
Cupertino, CA 95014
City’s Authorized Representative:
Carol Atwood, Director of Recreation and Community Services Telephone:
(408) 777-3110
Emails:
[email protected]; [email protected]
Fax:
(408) 777-3366
3. BID SUBMISSION. Bidder should mark its Bid envelopes as BID FOR BLACKBERRY FARM GOLF COURSE MAINTENANCE 2016, Envelope “A” or “Envelope “B,” as appropriate. Bids shall be deemed to include the written responses of the Bidder to any questions or requests for information of City made as part of Bid evaluation process after submission of Bid. Bidder’s failure to submit all required documents strictly as required entitles City to reject the Bid as non-responsive.
4. CONTENTS OF ENVELOPE “A” - BID PRICE. Envelope “A” shall include:
a. Document 00400 (Bid Form) completed in accordance with paragraph 6 of this Document 00200. b. Document 00430 (Subcontractors List) in accordance with paragraph 8 of this Document 00200. c. Document 00481 (Non-Collusion Affidavit).
5. CONTENTS OF ENVELOPE “B” – BIDDER STATEMENT OF QUALIFICATIONS. Envelope “B” shall include:
a. Document 00450 (Statement of Qualifications) submitted in accordance with this Document 00200. b. Document 00482 (Bidder Certifications). Bidder must complete this form as indicated.
6. REQUIRED BID FORMS. All Bidders must submit Bids using, where applicable, documents supplied in this Project Manual, including without limitation Document 00400 (Bid Form), Document 00430 (Subcontractors List), Document 00450 (Statement of Qualifications), Document 00481 (Non-Collusion Affidavit), and Document 00482 (Bidders Certifications). City will reject as non-responsive any Bid not submitted on the required forms. Bids must be full and complete. Bidders must complete all Bid items and supply all information City of Cupertino
Blackberry Farm Golf Course Maintenance 2016 00200 - 2 Instructions to Bidders required by Bidding Documents. Bidder must completely fill our all forms required for the bid. City reserves the right in its sole discretion to reject any Bid as non-responsive as a result of any error or omission in the Bid.
Bidders may not modify the Bid Form or qualify their Bids. Bidders must submit clearly and distinctly written Bids. Bidders must clearly make any changes in their Bids by crossing out original entries, entering new entries, and initialing new entries. City reserves the right to reject any Bid not clearly written.
7. REQUIRED SUBCONTRACTORS LIST. All Bidders must submit with their Bids the required information on all Subcontractors in Document 00430 (Subcontractors List) for those Subcontractors who will perform any portion of Work, including labor, rendering of service, or specially fabricating and installing a portion of the Work or improvement, in excess of one half of one percent of total Bid or ten thousand dollars ($10,000), whichever is greater. Violation of this requirement may result in Bid being deemed non-responsive and being rejected.
8. REQUIRED STATEMENT OF QUALIFICATIONS. In order for a Bidder to be eligible to Bid on this Contract, it must submit a Statement of Qualifications responsive to the requirements identified in Document 00450 (Statement of Qualification) (“SOQ”), including without limitation qualification information for Subcontractors and schedulers, if any. Except as otherwise provided in this Document 00200 or in Document 00450 (Statement of Qualification), City will make final determinations regarding Bidder responsibility based upon the SOQ submitted as part of Envelope “B”. Information in the SOQ shall be current.
No engineering or architectural firm which has provided design services for a project shall be eligible to submit a proposal for the contract to construct the project nor to subcontract for any portion of the work. The ineligible firms include the prime contractor for design, subcontractors of portions of the design and affiliates of either. An affiliate is a firm which is subject to the control of the same persons, through joint ownership or otherwise.
9. PRE-BID ACTIVITY:
Any Bidder wishing to investigate subsurface conditions or otherwise conduct invasive investigations, explorations, tests, or studies at this Site, must schedule the visit with the City by giving the City at least seven (7) days written notice. Additionally, any such Bidder must deliver an executed Document 00210 (Indemnity and Release Agreement) and provide an insurance certificate as described therein by noon of the Day prior to the examination.
Bidders who intend only to observe existing Site conditions and not conduct subsurface examinations are not required to provide an executed Document 00210 (Indemnity and Release Agreement) or an insurance certificate, but are requested to contact the Recreation and Community Services Department to arrange for access to the site.
Bidders are encouraged to submit written questions in connection with the Site Visit. City will post on its website and will transmit to all parties recorded, as having received Bidding Documents such information, as City, in its discretion, considers necessary in response to written questions. Bidders shall not rely on oral statements. Oral statements will not be binding or legally effective.
10. OTHER REQUIREMENTS PRIOR TO BIDDING. Submission of Bid signifies Bidder’s careful examination of Bidding Documents and complete understanding of the nature, extent, and location of Work to be performed.
11. EXISTING DRAWINGS AND GEOTECHNICAL DATA. Bidders may examine any available existing conditions information (e.g., record documents, specifications, studies, drawings of previous work) by giving City reasonable advance notice, as well as applicable environmental assessment information (if any) regarding the Project.
12. ADDENDA. Bidders must direct all questions about the meaning or intent of Bidding Documents to City (Attention: City’s Authorized Representative) in writing. Letters, Faxes or emails are acceptable forms of written questions. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda mailed, faxed, or delivered to all “Bid List” parties, recorded by City as having received Bidding Documents. Addenda will be written and will be issued to each Bidder to the address or fax number supplied City by Bidder. City may not answer questions received less than ten Days prior to the date for opening Bids. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
a. Addenda may be issued to modify the Bidding Documents as deemed advisable by City. b. Addenda shall be acknowledged by number with signature in Document 00400 (Bid Form) and shall be part of the Contract Documents. A complete listing of Addenda may be secured from City.
City of Cupertino
Blackberry Farm Golf Course Maintenance 2016 00200 - 3 Instructions to Bidders
13. SUBSTITUTIONS. Bidders must base their Bids on products and systems specified in Contract Documents or Addenda.
a. Except as provided in paragraph 13.c below, City will consider substitution requests only for “or equal items.”
b. Approved substitutions shall be listed in Addenda and become part of the Contract Documents. c. Substitutions may be requested after submitting Bids and the Award of Contract only in accordance with requirements specified in Document 00700 (General Conditions).
14. WAGE RATES. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at City’s Public Works office or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and are deemed included in the Bidding Documents. Upon request, City will make available copies to any interested party. Also, Contractor shall post the applicable prevailing wage rates at the Site.
15. EQUAL EMPLOYMENT OPPORTUNITY. Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical conditions, disability, or any other reason.
16. BID OPENING. City will open all Bidders’ Envelopes “A,” at the time and on the date specified in paragraph 1 above, and initially evaluate them for responsiveness. City will not open Envelopes “B” publicly.
17. EVALUATION OF BIDDER RESPONSIBILITY (Envelope “B”). a. Document 00450 sets forth certain criteria for a Bidder to be found responsible. Bidder’s attention is called to the following minimum requirements for a Bidder to be found responsible to perform the Work:
1) Contracting/Subcontracting Prior Experience. Satisfactory experience on similar work, including without limitation no history of default termination, excessively delayed completion or excessive defective work.
2) Projects Public Experience. Evidence that Bidder and its team, including without limitation its Subcontractors (hereafter, including Bidder if Bidder performs such Work itself, “designated Subcontractor(s)”), have the human and physical resources of sufficient quantity and quality to perform the Work under Contract Documents in a timely and Specification-compliant manner, to include:
i. Construction and management organizations with sufficient personnel and requisite disciplines, licenses, skills, experience, and equipment for the Project. ii. Minimum licensing requirements including evidence of a valid California contractor’s license as specified for the Bidder and evidence of requisite licenses for Key Personnel of Bidder or any designated Subcontractor(s).
iii. Sufficiency of proposed quality assurance plan to meet the requirements of the Contract Documents.
iv. Bidder’s safety record.
v. Minimum experience requirements of the prime contractor including the completion of a suitable number of projects of similar nature and complexity for contract dollar amounts equal to what is specified in Document 00450 (Statement of Qualification). vi. A field organization with skills, experience, and equipment sufficient to perform all on-Site work and necessary scheduling.
vii. Expertise of Key Personnel to accomplish the duties and responsibilities required to perform the Work under the Contract Documents. Minimum experience requirements of Key Personnel including the completion of projects of similar nature and complexity and having the number of years of experience on projects of similar nature and complexity as specified in Document 00450 (Statement of Qualifications).
18. BID EVALUATION. City may reject any or all Bids and waive any informalities or minor irregularities in the Bids. City also reserves the right, in its discretion, to reject any or all Bids and to re-Bid the Project. City reserves the right to reject any or all nonconforming, non-responsive, unbalanced, or conditional Bids, and to reject the Bid of any Bidder if City believes that it would not be in the best interest of Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is not suitably qualified or fails to meet any other pertinent standard or criteria established by City. For purposes of this paragraph, an “unbalanced Bid” is one having nominal prices for some work items and enhanced prices for other work items.
City of Cupertino
Blackberry Farm Golf Course Maintenance 2016 00200 - 4 Instructions to Bidders a. In evaluating Bids, City will consider Bidders’ qualifications, whether or not the Bids comply with the prescribed requirements, unit prices and other data, as may be requested in Document 00400 (Bid Form) or prior to the Notice of Award.
b. City may conduct reasonable investigations and reference checks of Bidder, proposed Subcontractors, suppliers and other persons and organizations as City deems necessary to assist in the evaluation of any Bid and to establish Bidder’s responsibility, qualifications, financial ability, proposed Subcontractors, suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City’s satisfaction within the prescribed time. Submission of a Bid constitutes Bidder’s consent to the foregoing. City shall have the right to consider information provided by sources other than Bidder.
c. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between written words and figures will be resolved in favor of the words.
d. Quantities stated in the Bidding Documents are approximate only and are subject to correction upon final measurement of the Work, and are subject further to the rights reserved by the City to increase or diminish the amount of work under any classification as advantages to design or construction needs require. e. City may determine whether a Bidder is qualified in its sole discretionary judgment. f. Required Contractor and Subcontractor Registration
1) Owner shall accept Bids only from Bidders that (along with all Subcontractors listed in Document 00430, Subcontractors List) are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.
2) Subject to Labor Code Sections 1771.1(c) and (d), any Bid not complying with paragraph 20g, above, shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1) or if federal funds are involved in the Contract (Labor Code Section 1771.1(a)), Owner may accept a non-complying Bid provided that Bidder and all listed Subcontractors are registered at the time of Contract award.
19. BID PROTEST. Any Bid protest must be submitted in writing to the City’s offices (Attention: City’s Authorized Representative), before 3:30 p.m. of the third Calendar Day following opening of Bidders’ Envelope “A”s.
a. The initial protest document must contain a complete statement of the basis for the protest. b. The protest must refer to the specific portion of the document that forms the basis for the protest. c. The protest must include the name, address, and telephone number of the person representing the protesting party.
d. Only Bidders who the City otherwise determines are responsive and responsible are eligible to protest a Bid; protests from any other Bidder will not be considered. In order to determine whether a protesting Bidder is responsive and responsible, City will evaluate information contained in any protesting Bidder’s Envelope “B”. Any such opened Envelope “B” shall also be subject to all provisions of paragraph 23. e. The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. f. The procedure and time limits set forth in this paragraph are mandatory and are Bidder’s sole and exclusive remedy in the event of Bid protest. Bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings. A Bidder may not rely on a protest submitted by another Bidder, but must timely pursue its own protest.
20. POST-NOTICE OF AWARD REQUIREMENTS. After Notice of Award, the successful Bidder must execute and submit the following documents as indicated below.
a. Submit the following documents to City by 5:00 p.m. of the 10th Calendar Day following Notice of Award. Execution of Contract by City depends upon approval of these documents:
1) Contract: To be executed by successful Bidder. Submit four originals, each bearing an original signature.
2) Insurance certificates and endorsements as required Submit one original set.
City of Cupertino
Blackberry Farm Golf Course Maintenance 2016 00200 - 5 Instructions to Bidders b. Successful Bidder’s failure to submit the documents required herein, in a proper and timely manner, entitles City to rescind its award.
21. MODIFICATION OF COMMENCEMENT OF WORK. City expressly reserves the right to modify the date for the Commencement of Work under the Contract and to independently perform and complete work related to the Project. City accepts no responsibility to Contractor for any delays attributed to its need to complete independent work at the Site.
22. WITHDRAWAL OF BIDS. Bidders may withdraw their Bids at any time prior to the Bid opening time fixed in this Document 00200, only by written request for the withdrawal of Bid filed with the City at the City’s office.
Bidder or its duly authorized representative shall execute request to withdraw Bid. The submission of a Bid does not commit the City to award a contract for the Project, to pay costs incurred in the preparation of a Bid, or to procure or contract for any goods or services.
23. PUBLIC RECORDS ACT REQUESTS.
a. City will make available to the public documentation associated with this process per the Public Records Act as applicable. City will make such information available to the extent required by applicable law, without restriction.
b. Information disclosed in the SOQ and the attendant submissions are the property of City.
24. CONFORMED CONSTRUCTION DOCUMENTS. Following Award of Contract, City may prepare a conformed set of Contract Documents reflecting Addenda issued during bidding, which will, failing objection, constitute the approved set of Contract Documents.
25. DEFINITIONS. All abbreviations and definitions of terms used in this Document 00200 are set forth in Section 00700.
END OF DOCUMENT
DOCUMENT 0201
BID SUBMITTALAND SITE MAP Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance
CITY HALL
10300 TORRE AVENUE
COMMUNITY HALL
10350 TORRE AVENUE
BID SUBMITTAL MAP
0 175 350 700 1,050 1,400
Feet±
STEVENS CREEK BOULEVARD
RODRIGUES AVENUE
PACIFICA DRIVE
D
E
A
N
Z
A
B
O
U
L
E
VA
R
D
T
O
R
R
E
AV
E
N
U
E
Bid Submittal & Site Map 00201-1
MCCLELLAN RD
FO
OTHILL BLVD
STEVENS CREEK BLVD
M
ANN DR
ORANGE AVE
BYRNE AVE
SCENIC BLVD
PHA
R LAP DR
BUBB
RD
RAE
LN
HYANNISPORT DR
ALPINE DR
PALM AVE
WEST
VALLEY FWY
CUPERTINO RD
M
ARY
AVE
ALCAZAR AVE
PRESIDIO DR
PENINSULA
AVE
STOKES
AVE
NOEL
AVE
JANICE AVE PASADENA
AVE
HILLC
REST RD
SALEM AVE
MIRA
VISTA RD
PALO
VISTA RD
VISTA KNOLL
BLVD
DEMPSTER
AVE
C
ARMEN RD
BAHL ST
A NI SW
ORTH DR
RIVERSIDE DR
LOMITA AVE
SAN FERNANDO AVE
ADRIANA
AVE
WIINSTON WAY
OLIVE AVE
ALHA
MBRA
AVE
SANTA
CLARA
AVE
ALMADEN AVE
DOLORES AVE
SANTA PAULA AVE
GRANADA AVE
EMPIRE
AVE
HERMOSA AVE
STEVENS
CANYON
RD
BYRNE CT
CASS PL
IMPERIAL AVE
WOODBURY DR
SCENIC
CIR
RESULTS
WAY
CRESCENT RD
O
AKLEAF PL
SHATTUCK DR
GRAND AVE
ST ANDREWS AVE
OAKVIEW LN
AMELIA CT
PARK VILLA CIR
RA
M
ONA CT
FORT BAKER DR
MALAGA
TRESSLER CT
WALNUT CIR
NOONAN CT
CORTE MADERA LN
BALUSTROL CT
M
ADRID RD
CLUB HOUSE
LN
CARNOUSTIE CT
VARIAN WAY
LIBERTY CT
EATON PL
OLD TO
WN CT
OASIS CT
RIVERCREST CT CREEKSIDE CT
BUBB RD
MIRA
VISTA RD
IMPERIAL AVE
Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance
SITE MAP
±
Bid Submittal & Site Map 00201-2
PROJECT SITE
City of Cupertino 00210-1 Indemnity and Release Agreement Blackberry Farm Golf Course Maintenance 2016
DOCUMENT 00210
INDEMNITY AND RELEASE AGREEMENT
Dated
POTENTIAL BIDDER:
CITY: THE CITY OF CUPERTINO
SITE: 22100 Stevens Creek Blvd, Cupertino, CA 95014
PROJECT: Blackberry Farm Golf Course Maintenance 2016
In consideration of the above-referenced City’s permitting the undersigned potential bidder (“Bidder”) to have access to, and to conduct investigations, tests and/or inspections on, the Site, Bidder hereby agrees as follows:
1. To the greatest extent permitted by law, Bidder hereby releases, and shall defend, indemnify and hold harmless City, and its officers, employees, consultants (including without limitation Consulting Engineer), representatives, and agents, and all other parties having any other interest in the Site, against any claim or liability, including attorney’s fees, arising from or relating to any Site-related access, investigation, test, inspection and/or other activity conducted by Bidder or any of Bidder’s officers, employees, consultants, representatives, and/or agents, regardless of whether claim or liability is caused in part by the negligence of City or by any released and indemnified party.
2. Bidder hereby waives the provisions of California Civil Code Section 1542 which provides as follows:
A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor.
3. Bidder shall repair any damage to the Site or adjacent property resulting from activities authorized hereunder, and comply with and be subject to all other requirements and obligations described or referenced in the bid documents.
4. Attached hereto (or to be delivered separately before Bidder’s visit to the Site) is a certificate for comprehensive general liability insurance satisfying the requirements of Document 00700 (General Conditions).
5. Although this Indemnity and Release Agreement is not a Contract Document, it shall be fully effective and binding regardless of whether Bidder submits a Bid for the subject Project, is awarded a contract for the Project, or otherwise.
Name of Bidder
By:
Signature
Its:
Title (If Corporation: Chairman, President or Vice
President)
By:
Signature
Its:
Title (If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer or Assistant Treasurer)
Contractor’s Name: __________________________________
City of Cupertino Bid Form
Blackberry Farm Golf Course Maintenance 2016 00400 - 1
DOCUMENT 00400
BID FORM
To be submitted as part of Envelope “A” by the time and date specified in Document 00200 (Instructions to Bidders).
TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO
THIS BID IS SUBMITTED BY:
____________________________________________________________________________________ (Firm/Company Name)
Re: Blackberry Farm Golf Course Maintenance 2016
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino (“City”) in the form included in the Contract Documents, Document 00510 (Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non-responsive.
2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100 (Advertisement for Bids), and Document 00200 (Instructions to Bidders). This Bid will remain subject to acceptance for 90 Days after the day of Bid opening.
3. Bidder has visited the Site and performed tasks, research, investigation, reviews, examinations, and analysis, regarding the Project and the Site.
4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor.
5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430 (Subcontractors List).
6. The undersigned Bidder understands that City reserves the right to reject this Bid.
7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to, Document 00510 (Contract).
8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page.
9. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00510 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents.
Contractor’s Name: __________________________________
City of Cupertino Bid Form
Blackberry Farm Golf Course Maintenance 2016 00400 - 2
NOTICE
Required Contractor and Subcontractor Registration
1. Owner shall accept Bids only from Bidders that (along with all Subcontractors listed in Document 00430, Subcontractors List) are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.
2. Subject to Labor Code Sections 1771.1(c) and (d), any Bid not complying with paragraph, above, shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1) or if federal funds are involved in the Contract (Labor Code Section 1771.1(a)), Owner may accept a non-complying Bid provided that Bidder and all listed Subcontractors are registered at the time of Contract award.
Contractor’s Name: __________________________________
City of Cupertino Bid Form
Blackberry Farm Golf Course Maintenance 2016 00400 - 3
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
REF DESCRIPTION UNIT ESTQTY
UNIT
PRICE
TOTAL
(Qty x Unit Price)
1 Technical
Provisions
& 00800
Provide one month of maintenance at
Blackberry Farm Golf Course, Jan. – June
2016
month 6
2 Technical
Provisions
Soil Sample Collection & Testing EA 6
TOTAL BASE BID
Total Bid: ______________________________________________________________________ (words)
SCHEDULE OF ALTERNATES
ALTERNATES
ITEM SPEC
REF DESCRIPTION UNIT EST QTY.
UNIT
PRICE
TOTAL
(Qty x Unit Price)
BID ALTERNATE 1: Provide Maintenance at Blackberry Farm Golf Course, July 2016 - June 2017
3 Technical
Provisions
& 00800
Provide maintenance, each month, July
2016-June 2017 month 12
4 Technical
Provisions
Soil Sample Collection and Testing EA 12
BID ALTERNATE 1, TOTAL, ITEMS 3 + 4
BID ALTERNATE 2: Provide Maintenance at Blackberry Farm Golf Course, July 2017 - June 2018
5 Technical
Provisions
& 00800
Provide maintenance, each month, July
2017-June 2018 month 12
6 Technical
Provisions
Soil Sample Collection and Testing EA 12
BID ALTERNATE 2, TOTAL, ITEMS 5 + 6
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
Contractor’s Name: __________________________________
City of Cupertino Bid Form
Blackberry Farm Golf Course Maintenance 2016 00400 - 4
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS
Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda:
Addendum No. Addendum Date
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:
licensed in accordance with an act for the registration of Contractors, and with license number:
Expiration Date: .
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.
Business Address:
Officers authorized to sign contracts:
Typed Full Name:
Telephone Number(s):
Fax Number(s):
E-Mail Address:
END OF DOCUMENT
Contractor’s Name: _________________________________
City of Cupertino
Blackberry Farm Golf Maintenance 2016 00450 - 1 Statement of Qualifications DOCUMENT 00450
STATEMENT OF QUALIFICATIONS
FOR
BLACKBERRY FARM GOLF COURSE MAINTENANCE 2016
Bidder’s Full Corporate Name: _______________________________________________________________________ Bidder’s Legal Structure
_____ Sole Proprietor
_____ Partnership
_____ Non-Profit 501 C3
_____ Corporation
_____Other, please explain____________________________________________________________________ Bidder’s Federal I.D. Number_________________________________________________________________________ Bidder’s Mailing Address____________________________________________________________________________ Bidder’s Street Address______________________________________________________________________________ Owner of Bidder’s Company _________________________________________________________________________ Bidder’s Contact Person _____________________________________________________________________________ Bidder’s Address __________________________________________________________________________________ Bidder’s Phone _________________, Fax _________________, Email________________________________________ (Bidder shall identify each partner and / or member of the Joint Venture, and their roles and responsibilities, if a Joint Venture is proposed.)
INSTRUCTIONS FOR THE SUBMITTAL OF THE STATEMENT OF QUALIFICATIONS Place the Statement of Qualifications Document, with all required materials, in a separate envelope labeled “Envelope B”, “STATEMENT OF QUALIFICATIONS” (SOQ) with the project title and Contractors name and address. Do Not place the SOQ in the same envelope as the Bid Proposal. The envelope will not be opened if only one is received; it will be returned to the Contractor. Submittal of the Statement of Qualifications envelope is required at the same time as the Bid Proposal. The Bid Proposal, Envelope “A”, will not be opened if the Statement of Qualifications, Envelope B, is not received on time.
The City will open only Bid Proposals, Envelope “A”, at the public bid opening. Statement of Qualifications, Envelope “B”, will be opened by the City thereafter to check contents for compliance with the requirements.
GENERAL BIDDER EXPERIENCE
Any explanation requested by a Bidder regarding the meaning or interpretation of this Document must be requested in writing and with sufficient time allowed for a reply to reach Bidder before the submission of its SOQ. Oral explanations or instructions will not be binding. Any information provided to any prospective Bidder concerning this Document will be furnished to all prospective Bidders as an Addendum to the Bidding Documents.
Except as set forth herein, all abbreviations and definitions of terms used in this Document 00450 are as set forth in Document 00700 (General Conditions).
Contractor’s Name: _________________________________
City of Cupertino
Blackberry Farm Golf Maintenance 2016 00450 - 2 Statement of Qualifications Bidders shall complete the entire Statement of Qualification. Failure to complete the questionnaire or the inclusion of any false statement(s) shall be grounds for immediate disqualification.
The SOQ shall be clear and concise to enable management-oriented personnel to make a thorough evaluation and arrive at a sound determination as to whether the SOQ meets City’s criteria. To this end, the SOQ should be so specific, detailed and complete as to demonstrate clearly and fully that the Bidder has a thorough understanding of and has demonstrated knowledge of the requirements to perform the Work (or applicable portion thereof).
Bidder’s compliance with the qualification requirements of this Document, will also be measured by the experience of the supervisory personnel who will have responsible charge of the various major components of the Work.
If Bidder subcontracts portions of the Work, City, in its determination of whether the qualification requirements have been met, will also consider the qualifications of the Subcontractor’s supervisory personnel.
The Contract will require Bidder to implement the Project, all in accordance with the scope of Work set forth in the Contract. City will accept Bids only from Bidders duly licensed in accordance with the California Business & Professions Code. Additionally, Bidder must meet the following general requirements, at a minimum, in order to be considered by City to be qualified for award of the Contract:
Per the Public Records Act, City will make available to the public documentation associated with this process as applicable.
City will make such information available to the extent required by applicable law, without restriction.
Information disclosed in the Statement of Qualifications and the attendant submissions are the property of City.
Contractor’s Name: _________________________________
City of Cupertino
Blackberry Farm Golf Maintenance 2016 00450 - 3 Statement of Qualifications PART A
BIDDER’S GENERAL QUALIFICATIONS
1. Does Bidder have at least seven years of experience as a continuously operating entity engaged in the performance of similar work? Yes__________ No________
2. Has Bidder, within the past seven years, completed two or more projects, of similar nature and complexity, with a contract amount of at least $ 175,000 each? Yes__________ No________
3. Does Bidder possess a valid and current California Class “A” General Engineering or Class C-27 Landscaping Contractor’s License for the work proposed? Yes__________ No________
4. Does Bidder have a minimum of $2,000,000 in the aggregate liability insurance coverage? Yes__________ No________
5. Has Bidder’s Contractor’s license been revoked at any time in the last five years? Yes__________ No________
6. Has Bidder been “default terminated” by an owner (i.e. not for convenience), or has a Surety completed a contract for Bidder, or has Bidder failed to complete a contract, within the last five years? Yes__________ No________
7. Has Bidder had, within the last four years prior to the date of bid opening, any outstanding convictions or enforcement agency findings for failure to pay prevailing wages in the State of California? Yes__________ No________
8. Has Bidder been determined to have violated any environmental or safety laws giving rise to civil or criminal penalties in excess of $50,000 for each violation during the last four years while performing contracting duties of the type specified for the contract within the State of California? Or has bidder had more than four civil penalties of $50,000 or less during the last four years while performing contracting duties of the type specified for the contract within the State of California? Yes__________ No________
9. Has Bidder been convicted of violating a state or federal law respecting the employment of undocumented aliens within the preceding five years from the date of bid opening? Yes___________ No__________
Bidder will be immediately disqualified if any answer to questions 1, 2, 3, or 4 is No.
Bidder will be immediately disqualified if any answer to questions 5, 7, 8, or 9 is Yes.
Contractor’s Name: _________________________________
City of Cupertino
Blackberry Farm Golf Maintenance 2016 00450 - 4 Statement of Qualifications PART B
BIDDER’S SAFETY, PREVAILING WAGE, LICENSES, DISPUTES, AND INSURANCE SAFETY
The following statements as to safety experience of Bidder are submitted with Bid, as part thereof, and Bidder guarantees the truthfulness and accuracy of the information.
1. Has Cal/OSHA, Federal OSHA, the EPA or any Air Quality Management District cited Bidder in the past five years? Yes _____No _____ If yes, attach description of each citation.
2. How often does Bidder require documented safety meetings be held for:
Field Supervisor Weekly ____ Biweekly ____ Monthly ____ Less than monthly ____ Employees Weekly ____ Bi-weekly ____ Monthly ____ Less than monthly ____ New Hires Weekly ____ Bi-weekly ____ Monthly ____ Less than monthly ____ Subcontractors Weekly ____ Bi-weekly ____ Monthly ____ Less than monthly ____
3. How often does Bidder conduct documented safety inspections? Quarterly , Semi-annually _____, Annually____, Other______
4. Does Bidder have home office safety representatives who visit/audit the job site? Quarterly____, Semiannually____, Annually _____, Other_____
5. What is Bidder’s Interstate Experience Modification Rate? _________. (A rating in excess of 1 may constitute grounds for disqualification as non-responsible.)
6. List Bidder’s Interstate Experience Modification Rate for the three calendar years listed below. 2011:________
2012:________
2013:________
7. Use Bidder’s last year’s Cal/OSHA log to fill in the following:
Number of lost workday cases _______________
Number of medical treatment cases _______________
Number of fatalities _______________
Employee hours worked last year _______________
8. State the name of Bidder’s safety engineer/manager or Site Safety Officer and attach a resume or outline of this individual’s safety and health qualifications and
experience._______________________________________________
PREVAILING WAGE PROVISIONS
Has Bidder been fined, penalized or otherwise found to have violated any prevailing wage or labor code provision? If yes, attach description of each occurrence.
Yes_____ No_____
Description:_______________________________________________________________________________________ _________________________________________________________________________________________________ Contractor’s Name: _________________________________
City of Cupertino
Blackberry Farm Golf Maintenance 2016 00450 - 5 Statement of Qualifications
LICENSE PROVISIONS
Has Bidder changed names or license numbers in the past seven years? If so, please state reason for change.
Yes_____No_____Reason:___________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________
DISPUTES
Has Bidder had any claims, litigation, or disputes ending in mediation or arbitration, or termination for cause associated with any project in the past seven years? If yes, attach description of each such instance including details of total claim amount, settlement amount, and owner’s name and phone number.
Yes_____ No_____
INSURANCE
Demonstrate Ability to Provide Required Insurance. Bidder shall provide a letter from an insurance underwriter(s), having a financial rating from A. M. Best Company of A, Class 7 or better or that is otherwise acceptable to the City, confirming that the insurer will provide Bidder the required coverages and amounts specified in Document 00700 (General Conditions).
In order to register to undertake work for the City of Cupertino, Bidder must provide the following:
1) Fill out this registration form completely.
2) Provide certificates of insurance complying with Document 00700 (General Conditions).
Workers’ Compensation:
Carrier:
Address:
Phone and Fax:
Policy Number:
Policy Limits: $
Coverage Amount: Per Occurrence: $____________________________ A.M. Best Rating: ___________________________ General Liability:
Carrier:
Address:
Phone and Fax:
Policy Number:
Policy Limits: $
A.M. Best Rating:
Coverage Amount: Per Occurrence: ___________________________ Per Aggregate: ___________________________ Contractor’s Name: _________________________________
City of Cupertino
Blackberry Farm Golf Maintenance 2016 00450 - 6 Statement of Qualifications Excess Liability: If Contractor has this Coverage
Carrier:
Address:
Phone and Fax:
Policy Number:
Policy Limits: $
A.M. Best Rating:
Coverage Amount: Per Occurrence: ___________________________ Per Aggregate: ___________________________ Contractor’s Name: _________________________________
City of Cupertino
Blackberry Farm Golf Maintenance 2016 00450 - 7 Statement of Qualifications Automotive Liability:
Carrier:
Address:
Phone and Fax:
Policy Number:
Policy Limits: $
A.M. Best Rating:
Coverage Amount Per Occurrence: ____________________________________________________________________ If Bidder has had the general liability carrier identified in this Document (Bidder Registration and Safety Experience Form) for less than 5 years, please provide additional information below for balance of the past 5 years Agency Name:
Contact Name:
Phone Number:
Carrier: A.M. Best Rating
Carrier: A.M. Best Rating
Carrier: A.M. Best Rating
Has Bidder ever had insurance terminated by a carrier? Yes _____ No _____ If yes, explain on separate signed sheet marked with correlating cross-reference to this paragraph of the questionnaire.
Contractor’s Name: _________________________________
City of Cupertino
Blackberry Farm Golf Maintenance 2016 00450 - 8 Statement of Qualifications PART C
DETAILED BIDDER EXPERIENCE
The unique nature of this Project requires prior similar experience maintaining golf courses by the firm and the Key Personnel assigned. Contractor must have completed, within the last seven years, at least two contracts of at least two years duration with an annual value of $175,000 or more.
Contractor is expected to have successful experience in maintaining a golf course that is adjacent to or drains to a creek, river or fresh water body with a population of State- or Federally-protected salmonids such as steelhead trout or chinook salmon. Note your firm’s related experience and note how your work is conducted to accommodate presence of such protected species. Familiarity with SalmonSafe standards is desirable.
The irrigation system at the project site is over 50 years old and much of it is original. It is desirable to have experience operating a golf course with an old irrigation system that employs hydraulic valves, for which parts are no longer available, and that involves manual operation of similarly old valves and an old system.
Contractor shall describe any related experience in successfully operating a similar irrigation system for a golf course or similar facility.
The irrigation system at the project is old and no record drawings exist. Portions of the course do not receive adequate watering via the existing system. Some areas of the course require hand watering year round; supplemental hand watering during warm weather is needed for greens and other areas. The irrigation system is prone to breaks or failures, which are unpredictable but estimated to be at least monthly, and necessitate immediate repair. Related experience is desirable. Contractor shall describe any related experience in successfully operating a golf course or similar facility, with a comparable undocumented and/or aging irrigation system that involves similar efforts to operate.
Contractor must have a licensed Pest Control Advisor on staff to review and recommend pesticide applications. Contractor must have a staff member with a current Qualified Applicator License or Qualified Applicator Certificate that will personally oversee application of acceptable herbicides or pest control applications.
Contractor must provide evidence of having received training on current Integrated Pest Management (IPM) techniques and ability to comply with City of Cupertino IPM program goals, objectives and reporting.
Knowledge of City of Cupertino’s specific IPM program and procedures is desirable. Indicate your firm’s knowledge/experience as applicable.
Contractor must employ a Golf Course Superintendents Association of America (GCSAA) Class “A” golf superintendent with 5 or more years of successful experience in managing daily maintenance operation of a golf course in a climate that is similar to Cupertino’s. It is desirable to have training equivalent to graduation from an accredited 4-year college or university, preferably with major course work in management, horticulture, or a related field. Provide information regarding the superintendent’s professional education and experience and provide a current resume.
It is desirable that Contractor have a golf irrigation auditor on staff to monitor irrigation operations. Indicate your firm’s golf irrigation auditor if applicable.
Summarize similar project experience below and provide the detailed project information requested:
Contractor’s Name: _________________________________
City of Cupertino
Blackberry Farm Golf Maintenance 2016 00450 - 9 Statement of Qualifications CONTRACTOR is encouraged to provide additional project and experience references if available.
Attach extra pages to provide the requested information as needed.
Project No. 1, Golf Course Maintenance Contract, at or above $ 175,000 in annual cost.
Project name Annual Cost ($) Year completed
Location:
Owner name, address and phone no:
Owner’s Project Mgr./Course Mgr. (name and phone number):
Work Performed Similar to Project:
Project No. 2, Golf Course Maintenance Contract, at or above $ 175,000 in annual cost.
Project name Annual Cost ($) Year completed
Location:
Owner name, address and phone no:
Owner’s Project Mgr./Course Mgr. (name and phone number):
Work Performed Similar to Project:
Contractor’s Name: _________________________________
City of Cupertino
Blackberry Farm Golf Maintenance 2016 00450 - 10 Statement of Qualifications Project No. 1, Experience Maintaining Golf Course Adjacent/Draining to Creek/River/ Water Body with Chinook/Steelhead/protected fish species.
Project name Annual Cost ($) Year completed
Location:
Owner name, address and phone no:
Owner’s Project Mgr./Course Mgr. (name and phone number):
Work Performed Similar to Project; describe related experience & practices that accommodate protected fish; describe familiarity with Salmon Safe standards if applicable:
Project No. 1, Desirable Experience: Maintaining Golf Course or Similar Facility with Hydraulic Valves and Manual Operation of Irrigation System
Project name Annual Cost ($) Year completed
Location:
Owner name, address and phone no:
Owner’s Project Mgr./Course Mgr. (name and phone number):
Similar Work Performed; describe related experience operating an old golf irrigation system with hydraulic valves and manual operation of old valves/old system or a similar one; describe related practices to accommodate this:
Contractor’s Name: _________________________________
City of Cupertino
Blackberry Farm Golf Maintenance 2016 00450 - 11 Statement of Qualifications Project No. 1, Desirable Experience: Maintaining Golf Course or Similar Facility with Old / Failing Irrigation System (requires hand watering year round; prone to failure; undocumented layout/equipment/material)
Project name Annual Cost ($) Year completed
Contractor shall describe any related experience in successfully operating a golf course with a similar undocumented and/or aging irrigation system that involves similar efforts to operate.
Location:
Owner name, address and phone no:
Owner’s Project Mgr./Course Mgr. (name and phone number):
Similar Work Performed; describe related experience operating an old or failing golf irrigation system that is undocumented, prone to frequent breaks and failures, involves significant ongoing hand-watering due to system deficiencies, or similar system; describe related practices to accommodate this:
TRAINING ON CURRENT INTEGRATED PEST MANAGEMENT TECHNIQUES Describe your staff’s recent training/education and knowledge of current appropriate Integrated Pest Management (IPM) techniques suitable for the setting:
Describe your firm’s knowledge of or experience with City of Cupertino’s IPM program and procedures. Discuss your ability to support Cupertino’s IPM goals, objectives and reporting:
Contractor’s Name: _________________________________
City of Cupertino
Blackberry Farm Golf Maintenance 2016 00450 - 12 Statement of Qualifications BIDDER’S PROPOSED KEY PERSONNEL
Bidder shall provide a current detailed resume, and specific information, as listed below, for each named Key Personnel of Bidder.
Project Manager: _________________________________________________________________________________ Years of Employment with Bidder’s Firm: ______________________________________________________________ Years of experience: ________________________________________________________________________________ Education – degrees obtained, schools and years _________________________________________________________ Professional registrations, licenses, certifications, GCSAA membership status__________________________________ Two client reference names, firm/organization, location/project, and phone nos:________________________________ Project Superintendent:
Years of Employment with Bidder’s Firm: ______________________________________________________________ Years of experience:________________________________________________________________________________ Education – degrees obtained, schools and years:_________________________________________________________ Professional registrations, licenses, certifications, GCSAA membership status__________________________________ Two client reference names and phone nos:______________________________________________________________ Staff Member that is licensed Pest Control Advisor:_____________________________________________________ Staff Member with current Qualified Applicator License or Certificate: ____________________________________ Contractor’s Name: _________________________________
City of Cupertino
Blackberry Farm Golf Maintenance 2016 00450 - 13 Statement of Qualifications PART D
BIDDER REGISTRATION
BIDDER CERTIFIES, UNDER PENALTY OF PERJURY, THAT THE FOREGOING INFORMATION IN THIS DOCUMENT 00450 IS CURRENT AND ACCURATE AND
AUTHORIZES THE CITY OF CUPERTINO AND ITS AGENTS AND
REPRESENTATIVES TO OBTAIN A CREDIT REPORT AND/OR VERIFY ANY OF THE ABOVE INFORMATION.
_________________________________________
Printed name
__________________________________________
Signature
___________________________________________
date
END OF DOCUMENT
City of Cupertino 00481 - 1 Non-Collusion Affidavit
Blackberry Farm Golf Course Maintenance 2016
DOCUMENT 00481
NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE §7106
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
) ss.
COUNTY OF _________________)
_________________________________, being first duly sworn, deposes and says that he or she is _________________________________ [Office of Affiant] of _________________________________ [Name of Bidder], the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Bidder has not in any manner, directly or indirectly, sought by contract, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.
Executed under penalty of perjury under the laws of the State of California:
(Name of Bidder)
(Signature of Principal)
Subscribed and sworn before me
This _______ day of _________________, 20___
Notary Public of the State of ________________________________ In and for the County of____________________________________ My Commission expires____________________________________ (Seal) (If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.)
(If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.)
(If Bidder’s affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.)
END OF DOCUMENT
City of Cupertino 00482- 1 Bidder Certifications
Blackberry Farm Golf Course Maintenance 2016
DOCUMENT 00482
BIDDER CERTIFICATIONS
CITY OF CUPERTINO
BLACKBERRY FARM GOLF COURSE MAINTENANCE 2016
The undersigned Bidder certifies to the City of Cupertino as set forth in sections 1 through 7 below.
1. STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.
2. CERTIFICATION OF WORKER’S COMPENSATION INSURANCE
By my signature hereunder, as the Bidder, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.
3. CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS
By my signature hereunder, as the Bidder, I certify that I am aware of the provisions of Section 1773 of the California Labor Code, which requires the payment of prevailing wage on public projects. Also, that the Bidder and any sub bidders under the Bidder shall comply with California Labor Code §1776, regarding wage records, and with California Labor Code §1777.5, regarding the employment and training of apprentices. It is the Bidder’s responsibility to ensure compliance by any and all subcontractors performing work under this Contract.
4. CERTIFICATION OF COMPLIANCE WITH PUBLIC WORKS CHAPTER OF LABOR CODE By my signature hereunder, as the Bidder, I certify that I am aware of Sections 1777.1 and 1777.7 of the California Labor Code and Bidder and Subcontractors are eligible to bid and work on public works projects.
5. CERTIFICATE OF NON-DISCRIMINATION
By my signature hereunder, on behalf of the Bidder making this Bid, the undersigned certifies that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding non-discrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively.
6. CERTIFICATION REGARDING PREVIOUS DISQUALIFICATIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that the below indicated Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or a safety regulation except as indicated on the separate sheet attached hereto entitled “Previous Disqualifications.” If such exceptions are attached, please explain the circumstances.
City of Cupertino 00482- 2 Bidder Certifications
Blackberry Farm Golf Course Maintenance 2016
7. CERTIFICATION OF ADEQUACY OF CONTRACT AMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), I certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that the City will be relying on this certification if it awards the Contract to the undersigned.
BIDDER:
(Name of Bidder)
Date: _________________, 2015 By:
(Signature)
Name:
(Print Name)
Its:
(Title)
END OF DOCUMENT