A - Historical background of maintenance services at Blackberry Farm — Cupertino City Council, October 18, 2022 (part 1 of 4)

CITY COUNCIL INFORMATIONAL STAFF REPORT
Meeting: June 21, 2022
Subject
Maintenance agreements for the Blackberry Farm Golf Course.

Recommended Action
Receive report on the maintenance agreements for the Blackberry Farm Golf Course.

Background
The Blackberry Farm Golf Course was constructed in 1962 and privately owned until the City purchased the property in 1991. The course site is approximately 16-acres and lies within the Stevens Creek Corridor. The site includes a pro shop, staff office, restroom facilities, and restaurant facility that is leased by the Blue Pheasant. The site is a 9-hole golf course, with a back tee yardage of 1,544 yards and a par of 29 (seven par 3’s and two par 4’s). Approximately 28,000 rounds of golf are played at the course per year. Until 2002, City employees maintained the course. However, due to challenges in maintaining an aging course, the City decided to seek an outside maintenance contractor at that time.

History of the Blackberry Farm Maintenance Agreements1
The First Contract
In 2001, the City underwent a competitive process to select a contractor to provide maintenance services at the Blackberry Farm Golf Course (Attachment A). In response to that solicitation, the City received the following bids:

Bidder Base Bid
Int. Natl. Golf Maintenance, Inc. $235,608.00
Environmental Golf $192,917.00
Spot Water Management $186,600.00
Engineer’s Estimate $185,000.00
1 This report was developed through a historical review of past Council actions and archived records. Since the staff who managed the competitive processes and maintenance agreements for the Blackberry Farm Golf Course prior to 2017 are no longer employed with the City, staff will supplement this report should any additional records become available.

The second low bidder, Environmental Golf, protested an award of the contract to Spot Water Management, contending that it should have the opportunity to negotiate their bid with the City (Attachment B). As a result of this protest, on January 25, 2002, the City Council rejected all bids and authorized the City to rebid the project (Attachment C).

In response to the re-bid, the City received the following bids:

Bidder Base Bid
Int. Natl. Golf Maintenance, Inc. $217,595.04
Engineer’s Estimate $185,000.00
Jensen Landscape Services $183,696.00
Environmental Golf $177,999.00
Spot Water Management $175,599.96
On March 18, 2002, the City Council awarded a three-year contract to Spot Water Management2 in an annual amount of $175,599.96 (Attachment D).

The Second Contract
In anticipation of the end of the three-year 2002 contract to Spot Water Management, in or about 2004-05, the City undertook another competitive process for a golf course maintenance contractor (Attachment E). The City received the following bids:

Bidder Base Bid
Professional Turf Maintenance $186,000.00
Engineer’s Estimate $180,000.00
Jensen Landscape Service Inc $161,496.00
Upon review of the bids, the City determined that both bids were non-responsive:

Jensen Landscape Service Inc. did not have experience maintaining golf courses and Professional Turf Management (“PTM”) did not have three contracts valued in excess of $150,000 each during the last 5 years. On March 15, 2005, the City Council rejected all bids and authorized the City to rebid the project (Attachment F).

After the project was rebid, the City received a sole bid from PTM in the amount of $186,720. On May 3, 2005, the City Council awarded a 4-year contract to PTM (two-year base term with two one-year extension options) (Attachment G).

The Third Contract
In anticipation of the end of the four-year 2005 contract, in or about 2009-10, the City undertook another competitive process for golf course maintenance services (Attachment H).
2 Based on the Council Report dated March 15, 2005, it appears that Professional Turf Management was previously known as Spot Water Management. However, it is unknown whether the change of name was due to a sale, merger, or reorganization.

The City received the following bids:

Bidder
Engineer’s Estimate
Professional Turf Management
Sycamore Landscaping Corp
Base Bid
$180,000.00
$174,420.00
$165,240.00
The apparent low bid from Sycamore Landscaping was deemed non-responsive and thus the lowest apparent responsive and responsible bidder was PTM. On March 16, 2010, the City Council awarded a five-year contract to PTM consisting of a base term of 2 years and options to renew for up to 3 one-year extensions (Attachment I).

CURRENT STATUS
In November 2015, the City underwent another competitive process to select a contractor to provide maintenance services (Attachment J). Although the process uses verbiage that could be used in a formal bid process, the defining element of a competitive process is how the vendor selection is made. In this case, the selection process was clearly outlined and conducted as an RFP. In an RFP, price is not the sole determining factor for selection, rather vendor qualifications are prioritized. This typically takes the form of a rating scale where contract price is given a score that may influence the outcome, but does not solely determine the outcome. This is especially crucial in situations where specific qualifications are required, such as where maintenance experience along riparian areas or waterways is desired.

Notice of the RFP was mailed to local plan rooms and bidder exchanges and posted on the City’s website. Additionally, the bid was advertised in the San Jose Mercury News.

Despite these efforts, the City received a sole proposal from PTM. Pursuant to the bid process, the City Council awarded a contract with an initial term from January to June 2016 to PTM to align with the City’s fiscal year in the amount of $99,600 (Attachment K).

Thereafter, the contract provided for five additional option years, with the first two option years in the amount of $205,200 annually and the remaining three option years adjusted by the San Francisco/Oakland Consumer Price Index.

In awarding the contract to PTM in 2015, the City Council authorized the City Manager to extend the contract subject to annual appropriation by the Council (Attachment L).

Pursuant to that authorization, the City Manager extended the contract annually for five years, with the final year ending on June 30, 2021.

In 2020-2021, while staff was preparing to undertake another competitive process for a new agreement, the City Council placed the golf course feasibility study (“Study”) on the Fiscal Year 2020-2021 City Work Program. The Study was projected to conclude in fall 2021. Because consideration and direction from Council based on the findings from the Study could impact the overall maintenance needs of the golf course and thus impact the scope of a new agreement, the City Manager recommended that the PTM golf maintenance contract be extended in order to incorporate, if necessary, findings from the Study. Since this extension was not previously authorized by the contract, on April 6, 2021 an amendment to extend the contract to June 30, 2022 was authorized by the Council (Attachments M and N). The Study is now expected to be concluded in Q2 for Fiscal Year 2022-2023.

The Parks and Recreation Department intended to complete a new competitive process to select a contractor to provide maintenance services before the expiration of the April 2021 contract extension. However, several factors that arose during Fiscal Year 2022 contributed to a delay in issuing a Request for Proposal. First, by January 2022, about a third of the positions in Parks and Recreation were either vacant or on leave. Second, Department staff were assigned to other Council priorities, including four City work program projects and support for several park-related Capital Improvement Projects.

Third, the Department devoted significant resources to reopening facilities safely following COVID-related closures and bringing back programs and events to community members.

As a result of these delays, staff recommended extending the current agreement by six months to provide adequate time to undergo a competitive process for a new agreement. On May 19, 2022, the City Council authorized extension of the current agreement to December 31, 2022.

Discussion
Since 2002, the City has retained a contractor to maintain the Blackberry Farm Golf Course. In these past 20 years, the City has undertaken four rounds of competitive processes, two of which were re-bid situations (for a total of 6 competitive processes).

During each competitive process, the contract award was made to the lowest responsive bidder. The record reviewed by staff for the procurements that occurred prior to 2013 indicated that they were evaluated under applicable regulations, including those set forth in the Cupertino Municipal Code. Additionally, the RFP in 2015 was done in conformance with the Purchasing Policy adopted in 2013 (Attachment O).

A Request for Proposal for a new contractor is being prepared for issuance. Assuming a best-case scenario, a new contractor could be ready to proceed by October. If this occurs, the City can terminate the PTM contract early with 7 days’ notice. However, among the things that can delay a start date are:

1. Questions from interested proposers during the allotted period that may necessitate a delay in opening proposals to allow a reasonable time for proposers to prepare their document package;

2. The need to repost the project due to not receiving any proposals, receiving proposals that exceed the budget, irregularities in proposals, or receipt of a protest of award;

3. The need by the City Council to postpone a contract discussion and award due to other pressing matters;

4. Delay in finalizing a contract, e.g. questions regarding the contractor’s insurance or negotiations over contract terms; and

5. Insufficient staff capacity to manage the process.

For the reasons set forth above, staff has recommended a minimum of six months to successfully complete a procurement process, from bid issuance to contractor start date.

Sustainability Impact
No sustainability impact.

Fiscal Impact
None.
_____________________________________
Prepared by: Joanne Magrini, Director of Parks and Recreation Reviewed by: Joanne Magrini, Director of Parks and Recreation Matt Morley, Director of Public Works
Approved for Submission by: Jim Throop, City Manager
Attachments:

A – CC Staff Report 01-25-02
B – Letter of Protest from Environmental Golf
C – CC Minutes 01-25-02
D – CC Minutes 03-18-02 and Agreement 02-28 Blackberry Farm Golf Course Maintenance, Proj. 2001-08 (includes substitute agreement) E – CC Staff Report 03-15-05
F – CC Minutes 03-15-05
G – CC Minutes 05-03-05 and Agreement 05-061, Professional Turf Management H – BBF Golf Maintenance 2010 Project Manual and Bid Documents I – CC Minutes 03-16-10 and Agreement 10-044 Blackberry Farm Golf Course Maintenance, Professional Turf Management
J - BBF Golf Maintenance 2016 Project Manual and Bid Documents K – 15-206 Professional Turf Management; Blackberry Farm Golf Course Maintenance (Original Contract and Amendments 1-5)
L – CC Minutes 12-01-15
M – 15-206 Professional Turf Management; Blackberry Farm Golf Course Maintenance (Amendment 6)
N – CC Minutes 04-06-21
O – Purchasing Policy
Attachment A

Attachment B

Attachment C

Attachment D

AGREF;MENT
THIS AGREEMENT, made and entered into this L~~day of .~'~~'~ , 20~ ?_ , by and between the CITY OF CUPERTINO, a municipal corporation of California, hereinafter referred to as " CITY", and SPOT WATER 11~IANAGEMENT, a Contractor with offices at 1272 Lincoln Ave., San Jose, CA 95125, hereinafter referred to as "CONTRACTOR"; WITNE;~SETH:

WHEREAS, CITY desires to retain the CONTRACTOR for Blackberry Farm Golf Course Maintenance; and
WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and experience for :performing such services, and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration o~° their mutual covenants, the parties hereto agree as follows:

1. DEFINITIONS.
a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise.
b) The term "City Manager" shill mean the duly appointed City Manager of the City of Cupertino, California, or his designated :representative.

2. PROJECT COORDINATION.
a) Cam. The City Manager shall be re~~resentative of CITY for all purposes under this agreement. The Recreation supervisor for Blackberry Farm hereby is designated as the PROJECT MANAGER for the City Manager, and shall supervise the progress and execution of this agreement.
b) Contractor. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this agreement for CONTRACTOR.

3. DUTIES OF CONTRACTOR. Services to be furnished in accordance with EXHIBIT "A"BID PROPOSAL and contract sp~: cifications.
a) Laws to be Observed. CONTRACTOR shall:
1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to t:he due and lawful prosecution of the services to be performed by CONTRACTOR under this agrE;ement;
2) Keep itself fully informe~J of all existing and future federal, state, and local laws, ordinances, regulations, orders, anti decrees which may affect those engaged or employed under this agreement, any materials used in CONTRACTOR'Sperformance under this agreement, or the conduct of the services under this agreement; 3) At all times, observe and ~~omply with, and cause all of its subcontractors and employees, if any, to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above;
4) Immediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement.

4. COMPENSATION. For the performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACT~~R the sum of $14, 33583. per month, less any deductions for liquidated damages, plus any soil samples collected and tested for the month, payable upon submission by CONTRACTOR. of itemized billings in triplicate; provided, however, that the total sum payable to CONTRACTOR shall not exceed $175, 96599.per year.

5. LIQUIDATED DAMAGES. Thf; CONTRACTOR shall diligently prosecute the work to completion as scheduled in the Technical Provisions. The CONTRACTOR further understands that he shall pay liquidated damages to the City of Cupertino in the sum of one hundred fifty dollars ($1. 00) 50. for each and every day that services are not completed as required.

6. TERM. The term of this agreement shall be one ( 1) year from the date of execution of this agreement by the parties, hereto, provided, however, the CITY retains the option to extend the term of the contract on a ye~ir to year basis not exceeding two years from the expiration of the original term.

Any increases or decreases in the previous contract price shall be based on the Consumer Price Index (CPI). The CPI shall be the San Francisco/Oakland Consumer Price Index for all urban wage earners. The adjusted ( whether increased or decreased) unit prices shall be computed as follows:

Divide the differences between the CPI on the anniversary date of the agreement and the CPI on the date of the agreement by the CPI or- the date of the agreement and multiply by the unit prices specified in the agreement.

7. TEMPORARY SUSPENSION. The City Manager shall have the authority to suspend this agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on th~~ part of the CONTRACTOR to perform any provision of this agreement.

8. SUSPENSION; TERMINATION.
a) Right to Suspend or Terminate. The CITY may suspend or terminate this agreement for any reason by giving thirty (30) days' written notice. Upon receipt of such notice CONTRACTOR shall immediately discontinue 1•iis performance under this agreement. b) Payment. Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONTRACTOR'sservices which are of benefit to CITY.

9. INSPECTION. CONTRACTOR shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONTRACTOR are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject tc- the PROJECT MANAGER's inspection and approval. The inspection of such work shall not relieve CONTRACTOR of any of its obligations to fulfill its agreement as prescribed.

10. ASSIGNMENT; EMPLOYEES. Both parties shall give their personal attention to the faithful performance of this agreement anti shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or• interest in or to the same or any part thereof without the prior written consent of the other Marty, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. A.ny assignment without such approval shall be void, and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party.

11. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:

TO CITY: Office of the City Clerk
3 City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
TO CONTRACTOR: Attention o:F the PROJECT
DIRECTOR at the address of
CONTRACTOR recited above.

12. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder.

13. INDEMNITY. CONTRACTOR hereby agrees to indemnify, hold harmless and assume the defense of , in any actions at law or in equity, the CITY, its officers, employees, agents, and elective and appointive boards from:
a) Any and all claims and demands which may be made CITY, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act or omission, negligent or otherwise, of CONTRACTOR or any subcontractor under this agreement or of CONTRACTOR'Sor any subcontractor's
employees or agents;
b) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CONTRACTOR, or in proximity to the site of CONTRACTOR's work, caused by any act or omission, negligent or otherwise, of CONTRACTOR, or any subcontractor under this agreement or of CONTRACTOR'sor any subcontractor's
employees or agents;
c) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any employee or agent of COITRACTOR or any subcontractor under this agreement, however caused, excepting however, any such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents, or employees; d) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused or alleged to have been cau:;ed by the use of any apparatus, appliance, or materials furnished by CONTRACTOR or any si.~bcontractor under this agreement; and e) Any and all penalties imposed oi• damages sought on account of the violation of any law or regulation or of any term or condition of any permit.

CONTRACTOR, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be: brought or instituted by third persons against CITY, its officers, agents, or employees on an}~ of the above claims or demands of such third persons, or to enforce any of the above penaltif;s, and pay and satisfy any judgment or decree that may be rendered against CITY, its officers, agents, or employees in any such suit, action, or other legal proceedings.

14. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of ~~alifornia which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Labor Code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement.

15. INSURANCE. CONTRACTOR., at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement, the insurance coverage of at least an "A", Class VII rating as determined in accordance with the insurance industry standard, insuring not only CONTRACTOR, but also (with the exception of workers' compensation and employer'sliability insurance, CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreement.

Certificates of such insurance, on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insuran<e is primary coverage, and will not be canceled or altered by the insurer except after filing with i:he City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured.

Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk.

16. CONTRACT SECURITY. The CONTRACTOR shall furnish a surety bond in an amount equal to four months of the contract price as security for the faithful performance of this Contract.

17. AGREEMENT BINDING. Th.e terms, covenants, and conditions of this agreement shall apply to, and shall bind the heir;;, successors, executors, administrators, assigns, and subcontractors of both parties.

18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or any I-rovision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law.

The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the 5 other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance.

19. COSTS AND ATTORNEYS' FEES. The prevailing party in any action brought to enforce the terms of this agreement or arising ~~ut of this agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party.

20. NONDISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion, or sex of such person. If the value of this agreemer.~tis, or may be, Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Cupertino Municipal Code pertaining to nondiscrimination in employment and to submit the " Compliance ReportNondiscrimination Provisions of City of Cupertino Contracts." If CONTRACTOR is found in violation ~~fthe nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the Dower to cancel or suspend this agreement, in whole or in part, or to deduct from the amount I-ayable to CONTRACTOR the sum of Twentyfive Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the
State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph.

If CONTRACTOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CONTRACTOR shall be found in material bre<< ofch this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR thesum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract, or both. 21.

AGREEMENT CONTAINS AIL UNDERSTANDINGS. This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.

All provisions of this agre- ementare expressly made conditions. This agreement shall be governed by the laws of the State of California.6 P.O. No.

IN WITNESS WHEREOF, the parties have f;xecuted this Contract, in duplicate, the day and year first hereinabove written.

CITY OF CUPERTINO:

By:
ayor
CONTRACTOR:

D~ Wi M. Q e
By:

Attest:

City C rk
Dater ~- , 20QaCity Clerk

APPROVED AS TO F
City Attorney
Notary acknowledgment is required. If a
corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
I.D. are required. If not a corporation, a
Social Security No. is required.

Social Security # Federal Tax I.D. #
Contractor's License No.~ ~ ~~ 5
LARRY D. KRIEGER [
Commission ~ 1329704
i Notary Public - California ~
Santa Clara County
fYty Comm, E~ires Nov 11,2005
Project Name & Number: BLACKBERRY FARM GOLF COURSE MAINTENANCE Project No. 2001-08
Contractor Name & Address: SPOT WATER MANAGEMENT
1272 LINCOLN AVE.

SAN JOSE, CA 95125
Contract Amount: $175, 96599.

Account Number: 560- 70146640-

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
11 - ss.

County of ,~ An.7A Clil'dA
On . 3' 02 ?' ~ z before me, ~f~~ y ~ t~e,R~~ 9 G/~ ,
Date / me and Ttle of ONicer (e.g., "Jane Doe, Notary Public") personally appeared ~ O ~i S~Ac /~ ,
Name(s) of Signer(s)
C~rsonally known to me
proved to me on the basis of satisfactory
evidence
LARRY D. KRIEGER
Commission # 13297tH
Z
Notary Public - Califomia ~
Santa Clara County
My Comm. Expires Nov 11,2005
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/ theyshe/ executed
the same in his/ their her/ authorized
capacity(ies), and that by his/ their her/
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.

W!TNES my hand and official seal.

C
Signature of Notary Public

OPTION-AL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment o.` this form to another document.

Description of Attached Document
Title or Type of Document: _ L On ~ /zHG;
Document Date: 3'.Z~~ 02. Number of Pages:

Signer(s) Other Than Named Above: """
Capacity(ies) Claimed by Signer
Signer's
Name
Individual ToP or tnt,mn Here
Corporate Officer -Title(s):

Partner - ^ Limited ^ General
Attorney- Fact inTrustee
Guardian or Conservator
Other:

Signer Is Representing:
1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswonh, CA 91313- 2402 • oiww.rgnationalnotary. Prod. No. 5907 Reorder: Call Toll-Free 7- 876600-827 s~i~ ~
C. BID PROPOSAL •,
BLACKBERRY FARM GOLF COURSE AAINTENANCE, PROJECT NO. OS2001- TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNL~ Dear Sir:

In compliance with the plans and specifications furnished for the work of the BLACKBERRY FARM GOLF COURSE MAINTENANCE, the City of Cupertino, PROJECT 2001-08, the undersigned, hereby declare that I have read the proposal requirement, visited the sites, and examined the specifications. I, the undersig~led, hereby propose to do all work required to complete the work in accordance with the plans and specifications for the prices set forth in the following schedule. I further understand that: said prices include all costs including, but not limited to, local, state and federal taxes, and transportation costs.

I, the undersigned, also understand that the quantities shown below are estimated estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but res~: rves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed unnecessary by the Engineer.

The City of Cupertino reserves the right to unilaterally determine and award the contract to the lowest responsible bidder except as otherwise provided in chapter 3.23 of the City Municipal Code. Which allows for rejection of any and all bids, or to waive any irregularities in the procedures.

The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the BLACKBERRY FARM GOLF COURSE MAINTENANCE, PROJECT NO. 2001-08 as described in the Special Provisions.

In the event of discrepancies between the written unit price and the numerical unit price, the written unit price shall govern.

I, the undersigned, shall diligently prosecute the work to completion as specified in the Special Provisions. I further understand that I shall pay liquidated damages to the City of Cupertino in the sum specified in the Special Provisions.

This amount of liquidated damages shall be deducted by the City from monies due from the Contractor hereunder, or the Contractor's
assig~led, successors, and sureties shall be liable to the City for any excess.

B. BID DOCUMENTS ( continued)
All bids received will be reported to the City Council of the City of Cupertino at which time the City Council will review and act upon the bias submitted. Award, if any, will be made to the lowest responsible bidder except as otherwise provided in chapter 3.23 of the City Municipal Code.

The City of Cupertino reserves the right to award the contract to any qualified bidder based on the proposal that is most advantageous to the City. The City also reserves the right to reject any or all bids or to waive any irregularities in the bidding procedures, provided the variance cannot have affected the amount of the bid or cannot have given a bidder an advantage or benefit not allowed other bidders.

The Contractor shall furnish to the City a Faitriful Performance Bond and a Labor and Material Bond as required in the specifications.

It shall be mandatory upon the Contractor to whom the contract is awarded, and upon all subcontractors, to pay no less than the general prevailing wage rates to all workers employed in the execution of the contract as provided for in Section 7- 011.A of the Standard Specifications.

Payments to the Contractor will be made in cash by said City upon submission by the Contractor and approval by the Engineer of a progress billing which reflects the value of the work completed. The progress payments made as ~nrork progresses will be payments on account and will not be considered as an acceptance of zany part of the material or workmanship required by the contract.

Pursuant to Section 22300 of the California Public Contract Code, the Contractor will be permitted, upon request and its sole expense, to substitute securities for any moneys withheld by the City to ensure performance under the contract. Said securities will be deposited either with the City or with a state or federally chartered k~ank as escrow agent.

Securities eligible for this substitution are those listed in Section 16430 of the California Government Code, or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, cx any other security mutually agreed to by the Contractor and the City. The Contractor : hall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.

CITY OF CUPERTINO
City erk
gated: _/~~' ii~ o~`~, n?dC~,~
J
To Be Published: Feb. 13, 2002
NOTICE TO CONTRACTORS PAGE 1 OF 2

ESTIMATEI) QUANTITIES
The bid unit prices for this project shall be as outlined below.

Bid Est.Qty. Unit
Item Unit Item Price Total

1. 12 Month Provide Maintenance at
Blackberry Farm GolfC~~urse $ 14, 33 / 583. lylp, $ 175, 000.00 Fourteen Thousand Five Hundre Eighty Three Dollars and Thirty Three Per Month Cents

2. 12 Each Soil Sample Collection a.nd

50.00 600.00 Testing $ / EA. $
Fifty Dollars and ?ero Cents
Per Each
TOTAL BID 175, 00600.

BID PROPO:',AL PAGE 2 OF 8
I, the undersigned, agree that ifthis proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary mac:hinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified.

I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud.

I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of o~1e job over another and each starting date where conflict of construction schedules occur.

Attached hereto is the required certified check or bid bond in the amount of $ 19, 000.00 ~ ~ required by law and the Notice to Bidders. (10'% of bid amount) BID PROPOSAL PAGE 3 OF 8

NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
I, the undersigned, being first duly sworn, depose and say that I am Owner of Snot Water Management
Business Title) ( Business Name)
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. The bid is genuine and not collusive or sham. The 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. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overY~ead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advar.~tage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged inforrrlation or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, c~~mpany, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

BID PROPO:iAL PAGE 4 OF 8
BIDDER QUAL:[FICATION FORM
In further compliance with the specifications fiu~nished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal.

We have been in business under the present name for Six(6) years.

Our experience in work comparable with that required by the proposal contract is Twenty plus (20+) years operating under the following different n~s). une( Spot Water Management
Sierra Pacific Turf Supp,,y, Naumama Turf Consulting
Mike Basile -Golf Course Superintendent
My California Contractor'sLicense Number is 771953
The classification of my Contractor'sLicense is ~- 27
The expiration date for my Contractor'sLicense is 11/ 200330/ This Section for City use only) ~.~~~ - u-~
The above i ormation has been verified by ~"`" ~~ '
on , 3 O
Contractors State License Board (800) 321-2752 or (408) 277-1244.

Where -federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed.

BID PROPO:iAL PAGE 5 OF 8
BIDDER HIS7CORY OF WORK
The following is an example of work similar ir.~ character to that required in the proposed contract which our organization or personnel in our organization has completed within the past three (3) years.

For Whom Contact
Year Location Tvpe of Work Performed Phone No. Amount
1998-2002 N. California Irrigation Services Various Golf Courses $ 100, year 000/ equoya - erry rasso - 0- 2903632-
Palo Alto GC - Dave Davies - 650- 2175329-
917- 0050544-
1998-1999 Portola Valley GC Maintenance Scott McNealy Private $ 30, year 000/ 98-02 N. California Turf Consulting Various Golf Courses $ 1, 000/000, year. has Pc~ tass}Gelf Ce~~ lkhse-~~
925- 5329373-
Palo Alto GC - Dave Davies - 650- 2175329-
Palo Alto Hills CC - Mike Garvale - 650-948-
0922
98-02 Santa Clara Golf Superintendent City of Santa Clara $ 70, year 000/ T~arr.;~ Wr> 1Lf3-1fe-~~ 6152261
BID PROPOSAL PAGE 6 OF 8
SUBCONTI2E~ SCTOR' FORM _
The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. Only those listed below shall perform work on this :project and each of them has been provided with a full and complete set of plans and specifications for this project by the bidder.

1. Name Contractor'sLicense No.

Address & phone no.

Work to be Performed

2. Name Contractor'sLicense No.

Address & phone no.

Work to be performed

3. Name Contractor'sLicense No.

Address & phone no.

Work to be performed

4. Name Contractor'sLicense No.

Address & phone no.

Work to be performed

5. Name Contractor'sLicense No.

Address & phone no.

Work to be performed

6. Name Contractor'sLicense No.

Address & phone no.

Work to be performed
BID PROPOSAL PAGE 7 OF 8
BIDDER'SSI~sNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A COPARTNERSHIl', STATE THE COMPANS' NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A

CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER, AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FOR1v1. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIp-TE BUSINESS TYPE.

TYPE OF
BUSINESS Sole Proprietor

NAME OF
BUSINESS SPot Water Management
CORPORATION:

CO-PARTNERSHIP:

INDIVIDUAL: Andv Slack
JOINT VENTURE:

OTHER:

T-escribe)
Name and Signature of Bidder: Andy Slack
or type name)
Date: March 4, 2002
Address ( mailing & location): 1272 Lincol~z Ave.

San Jose, C,~, 95125
Telephone Number: 408 288-8153
Acknowledgment of all addenda received is required by circling each addendum number. 1 2 3 4 5 6 7 8 9 10
BID PROPOSAL PAGE 8 OF 8
INSURANCE FORN7[SINSTRUCTIONS
FOR ITEMS 3, 4, 5 AND 6, THE FORMS P]EiOVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN TI3[ESE WILL NOT BE ACCEPTED.

ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE

1. Insurance Agreement -Must be signed by Comxactor.

2. Certificate of Insurance to the City of Cu~~ertino -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 Primary Insurance - must be :>igned by the insurance agent for general liability and automobile liability only.

4. Additional insured endorsement -must be signed by the insurance agent for general liability and automobile liability only.

5. 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.

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

7. Notice of policy cancellation endorsement - must be signed by the insurance agent or must be on the company'scertificate of insurance form for all insurances.

Insurance Instructions
0 CUPEI~TINO INSURANCE AGREEMENT
A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liabilit}~ 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 ~~fthe 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 or comprehensive general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in an:~ounts required by the City and shall be evidenced by the issuance of a certificate in a form pres~: ribed by the City and shall be underwritten by insurance companies satisfactory to the City f~~r 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 policie-s. 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.

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 lie 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 issued by a
company admitted in California and having a Best's Guide Rating of A, Class VII or better.

Worker's Compensation Liability In ac~~ordance with the Worker's Compensation Act of the State of California - $1, 00000,per
occu~xence.

Insurance Agreeme;nt Page I of 2
Public Liability -either commercial general Combined single limit of $1.0 million per liability or comprehensive general liability; occurrence; $2.0 million in the aggregate. including provisions for contractual liability,
personal injury, independent contractors and
property damage coverages.

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

Consultants only: Errors and Omissions liability. $ 1.0 million per occurrence.

Contractor'sName) /~,, ~ Q
Dated: / ~/C)~ ~~ 20~_
Insurance Agreement Page 2 of 2
F .~..
t . F:

CITY OF
CUPEt~TINO ENDORSEMENT OF PRIMARY INSURANCE
In consideration of the policy premium and :notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or a~iy other Endorsement attached thereto, it is agreed as follows:

The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insureds) :;hall be called upon to cover a loss under said additional policy.

POLICY INFORMATION

1. Insurance Company: ~a~~~ l~ J~ ~~~~

2. Insurance Policy Number: ~ ~ (~ ~ " o ~~ - ~ ( D

3. Effective Date of this Endorsement: ~ ~ Zp~

4. Insured:

All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014.
warrant that I have authority to bind
hereon do so bind this Company. ~
Signature of Authorized Representati
Original signature required on all Endorse-ments
Name of ~
p ~~
Agent/Agency: I\i _lJ~~~~
Address: _ V~ - ~ ~ ~~
5~.~ JC~S 1 CFA ~~f3G~
to the`Distri
it/type name)
by my signature
Title:~~,~
Telephoner J I I {~~
Facsimile: ~ ~ ~ ~ ~ ~ •
Primary Endorsen-ent Page 1 of 1
o~

CUPERTINO
ADDITIONAL INSI7RED ENDORSEMENT
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 are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervi;~ion or inspection of said operations.

POLICY INFORMATION

1. Insurance Company: ~~~~ r ~f'~(.~ ~~
X~~~

2. Insurance Policy Number: ~ ~ ~ '

3. Effective Date of this

4. Insured:

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

I, ~ ( print/type name)
warrant that I have authority to bind t
elo~ li to Insur ce o any and by my signature
hereon do so bind this Company.

Signature of Authorized
Original signature required
Representative:~
on all Endorsements
L=~~.
furnished~othe
Names of g ^ ,,'/ ----' Agent/Agency:~ ~ I V C~V ~ I./ Title: }~ ~~~ ~ _ Address: tJ U ~~ ~~ 1SV C~ ~. ~ ~ ~ Telephone ~~ ~~ ~ ~~~~~~ I~ ~~~~ J Facsimile: ~~~
Additional Insured Endorsement Page 1 of 1
t`
iTY o
CUPEI~TINO

COMPREHENSIVE GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

ENDORSEMENT OF AGGREGATE LIMITS OF
INSURANCE l'ER PROJECT
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.

The general a
ire ~~te limit under LIlVIlTS OF INSURANCE applies separately to the project described as ~~LA(`~: I"YX'~r~ ~` Vl't ~~UI f ` (.-~~~~~ ~/ I~f'd11C.~ LI~(. iYl

POLICY INFORMATION

1. Insurance Company: ~~ .~ ~ `~ l ~c1~,~~! t ~'~

2. Insurance Policy Number: ~Q ~ ~ ~ c~ ~ U ~ ~!

3. Effective Date of this Q~

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

I, 1~IlY 1 u,/ 111/ V ( print/type name)
warrant that I have authority to bind the~ed-lvw~~ In urance Corr~paliy and by my signature hereon do so bind this Company.

Signature of Authorized Representative:

Original signature required on all E to the
Names of „ ,
Agent/A enc ~ Title:

Address: ~ 2 ~ ~ Telephone:_~
Facsimile: l s~~ ~~
Aggregate Limits Endorsement Page 1 of 1
1 OF
CUPE~TINO
WAIVER OF SUBROG~-TION ENDORSEMENT
WORKER'S COMPEN:iATION INSURANCE
In consideration of the policy premium and ;notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or a~iy 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 it may require 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 Contr;~ct.

POLICY INFORMATION

1. Insurance Company: 7~t'~d

2. Insurance Policy Number: ~~~ \ -"~ Z

3. Effective Date of this Endorsement: ~"~ -' ~ ~ 20 ~~

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

I, ( print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company.

Signature of Authorized Representative:

Original signature required on all Endorseme~its furnished to the District) Names of
Agent/Agency: Title:

Address: Telephone:

Facsimile:

Subrogation Endorsement Page 1 of 1
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142- 070$'
COMPENSATiOIV

N S U R A N C E
V N ~ CERTIFICATE OF WORKERS' CO~JIPENSATION` INSURANCE K+; j ~".~, ` e)f~"~; POLICY NUMBER: ~~? a::~: iz 42"~.

CERTIFICATE EXPIRES: ~; r+-;
a
a'~i t,.+ . i~:` 4u`4. xl~~
1~ tt ; ,. ::

This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.

This policy is not subject to cancellation by the Fund except upon tf~n days' advance written notice to the employer.

We will also give you TEN days' advance notice should this policy bs cancelled prior to its normal expiration.

This certificate of insurance is not an irisurarice policy and does rot amend, extend or•'alter the coverage afforded by the policies listed her~tin. Notwithstanding any ;requirement, term, or condition of any contract or other document with_ respect to>whieh his certficate 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.

AUTHORIZED: REPRESENTATIVE' - - PRESIDENT
Tn. il~;' ~.~ aSi:'. 1~i~7. 11"~: " lu_~ ~~ iGa~. t.~ i..o j~~!, d ~,~.~. `;~~: i.%~~ _ ~ 1 i<1.. S.t ~".~.,.~ f~_. i r" I .~ ,,, f, ~ ,,~, ~,
I ,. ia.l. ~ .. _~: t3... ~_.

EMPLOYER
i
i
t~) T.~ r`~~ v'.~.
i ~ t3t~ a~'~ L~.~ 14J. E
L"3 ......,' J
9 ~ 12]-M

POLICYHOLDER' S COPY

WAIVER OF SUBROGATION
STATE

COMPETISATION

INSURANCE
FUND
HOME OFFICE ENDORSEh1ENT AGREEMENT

SAN FRANCISCO
ALL EFFECTIVE DATES ARE 1624342-02
AT t20i AM PACIFIC

STANDARD TIME OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME
ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COPiPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBA.OGATION. AGAINS?,

THE CITY OF CUPERTINO
WHICH RIGHT ARISE BY REASON OF ANY PAY?SENT UNDER THIS
POLICY IN CONNECTION WITH WORR PERFOR?~D BY,

SLACK ANDY, SPOT WATER MANAGEMENT
IT IS FURTHER AGREED THA'I' THE INSURED SHALL IiAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING. THE AE?iUNERATION

OF EMPLOYEES WHILE ENGAGED IN WORR FOR THE ABOVE
E?SPLOYER.

IT IS FURTHER AGREED THAT PRE? iSIU? ON THE EARNINGS OF SUCH EtiPLOYEES SHALL BE INCRE,~SID BY 03X.
s
NOTHING 1 1 E E

OR EXTEND O

POLICY O T
HELD TO ~ yy L
LIMITATIONS THI ENDO .

COUNTEiiSiGNED ANO ISSUED AT SAN FRANCISCO:
i~

ALTER, WAIVE

IONS OF THIS
ICY SHALL 8E

REEMENTS OR
2570
o
CUPEI~TINO
NOTICE iDF POLICY
CANCELLATI0IV ENDORSEMENT
In consideration of the policy premium and notwithstanding any inconsistent statement ir. the policy to which this Endorsement is attached or any other Endorsement attached thereto, it i; agreed as follows:

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

POLICY INFORMATION

1. Insurance Company: ~ ~ ~ ~~ ~ ~ ~,(,.~(~, ~ ~

2. Insurance Policy Number: ? ~~ ~ - ~~ - ~_~

3. Effective Date of this

4. All notices herein provided to be given by the Insurance Company to the City in connection with this polite d is Insured Endorsement, shall be mailed to or delivered to the City at 1088Torr Av e• C ertin ornia 95014.

I°~ -- ~ ,' 1 ~f ' (print/type name)
warrant that I have auth rity to bind\~~~~~ ln listed Insur Company and by my signature hereon do so bind this Company. ~~ (_~ signature of Authorized Representative: ~
Original signature required on all Endorsements
names of ,
gentlAgency: ~ ~~~, ~ ~~'
address: I ~~-~~ L-l /~' E'~ 1~ L_l~y~ ~ ~ lk~cZ%
the
Title: ~=7C- ~ ^ T
Teleplione!"i~~
1 ~~~~-~
Facsimile: ~ z~~ '~~~ Z c:,~ 1 ~__
Cancellation Endorsement Page 1 of 1
CI F
CUPEI~TINO CERTIFICATE OF INSURAN(~ETO 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.

Address:

Insured: ~N [>`( `=,
l ~. ~ ~ (~ ~
t.-~= i~
ti1C:y /~~ cl~
t~-.~~ ~~
1 - ~;~
rs i ~ ~~, = <
it_ ~
c ~_
vcJ
r\,~. ~~+~,;~ tLW~(~--~-~~ T
Description of operations/ products locations/ insured (show contract name and/or number, \if f~_- t~- any):

Cj1z' f~-- l~= y { i'~ 1~- ~'~ CZ[ '~ t_-- f !~/ t ~'~ x- ltlA ~ -J 1 K-,~~~ CL
ifc> Sx-mil-'= ~ ~`'~' ' L~- ~- , ~ ~-, ~ ;}

WORKER'S COMPENSATION
name of insurer)
Statutory lvlin.

Employer's
Liability
Insurance Company's State License No.

Check Policy Type: Each Occurrence $ ~ , ~ c7~-~; ~ ~~<~ COMPREHENSIVE GENERAL

LIABILITY
Premises/Operations General Aggregate $ `~ . ~ tx~ ,- r~fi ~ if applicable)
Owners & Contractors
Protective Aggregate $
Contractual for Specific
Contract Personal Injury
Products Liability
XCU Hazards
Broad Form P.D. Fire Damage (any one fire) $
Severability of Interest
Clause
Personal Injury with Medi~~al Expense $
Employee Exclusion Removed ( any one person)
or Self-Insured
COMMERCIAL GENERALS/LIABILITY Retention $
F~1L-1 1'1 - lLr_ -~ ~ / V' " -:. ~ fG_h,- IBS C L__.
name of insurer)
olicy No. ~~ I ~~'`z:~~ •-( L{~, Expiration Date ~ __ v1 ~- 'Zc=~~`~ Certificate of Insurance Agreement Page 1 of 2

AUTOMOTIVE/VEHICLE LIABIZITY IBODII,Y INJURY
Commercial Form I'sach Person
Liability Coverage
Each Accident
name of insurer)
Combined Single Limit
Policy No. Expiration bate

PROPERTY DAMAGE
Each Accident
or
A copy of all Endorsements to the policy(ies) which in any way agent's ini ' ) limit the above-listed types of coverage are attached to this Certificate of Insur~mce.

This Certificate of Insurance is not an insurana~ 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 p~~licies.

IT IS RTff~TED that the~bove policy(ies) provide liability insurance as required by the greeme t etw a Ci the insured.

BY~ Dated: ~ ~ 2Q U '~7
Attach Certificate of Ins ce and additional In~; ured Endorsement on company forms.

Certificate of Insurance A;;reement Page 2 of 2

SUBSTITUTE AGREEMENT
THIS AGREEMENT, made and entered into this~~ dayJ~of Ar'l . , 20 0~, by and between the CITY OF CUPERTINO, a municipal corporation of California, hereinafter referred to as " CITY", and PROFESSIONAL TURF MANAGEMENT, a Contractor with offices at 1272 Lincoln Ave., San Jose, CA 95125, hereinafter referred to as CONTRACTOR";
WITNESSETH:

WHEREAS, CITY desires to retain the CONTRACTOR for Blackberry Farm Golf Course Maintenance; and
WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and experience for performing such services, and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of tlteir mutual covenants, the parties hereto agree as follows:

1. DEFIl~IITIONS.
a) The word "City" as used in tl:~is agreement shall mean and include all the territory lying within the municipal boundaries of ~: he City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise.
b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative.

2. PROJECT COORDINATION.
a) City. The City Manager shall be representative of CITY for all purposes under this agreement. The Recreation supervisor for Blackberry Farm hereby is designated as the PROJECT MANAGER for the City Manager, and shall supervise the progress and execution of this agreement.
b) Contractor. CONTRACTOR shall as;~ign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this agreement for CONTRACTOR.

Andy Slack is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this agreement require a substitute PROJECT DIlZECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written acceptance and approval of the PROJECT MANAGER. 1 3. DUTIES OF CONTRACTOR. Services to be furnished in accordance with EXHIBIT "A" BID PROPOSAL and contract specifications.
a) Laws to be Observed. CONTRACTOR shall:
1) Procure all permits and licenses, pay all charges and fees, and give all notices which maybe necessary and incident to the: due and lawful prosecution of the services to be performed by CONTRACTOR under this agreement;
2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in CONTRACTOR's performance under this
agreement, or the conduct of the services under this agreement; 3) At all times, observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above;
4) Immediately report to thf: PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in saki laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement.

4. COMPENSATION. For the performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOI: the sum of $14, 92947.per month, less any deductions for liquidated damages, plus any soil samples collected and tested for the month, payable upon submission by CONTRACTOR of itemized billings in triplicate; provided, however, that the total sum payable to CONTRACTOR shall not exceed $179, 04375. per year.

5. LIQUIDATED DAMAGES. The CONTRACTOR shall diligently prosecute the work to completion as scheduled in the Technical Provisions. The CONTRACTOR further understands that he shall pay liquidated damages to the City of Cupertino in the sum of one hundred fifty dollars ($150.00) for each and every day that services are not completed as required.

6. TERM. The term of this agreement shall be until March 27, 2004, hereto, provided, however, the CITY retains the option to extend the term of the contract to March 27, 2005.

Any such renewal shall be accomplished by the City providing a written notice of renewal to CONTRACTOR at least 30 days prior to expiration of the term. Any such renewal shall contain the same provisions as the original contract, provided however that the parties may agree to an increase or decrease in compensation paid to the CONTRACTOR. 2 Any increases or decreases in the previous contract price shall be based on the Consumer Price Index (CPI). The CPI shall be the San Francisco/Oakland Consumer Price Index for all urban wage earners. The adjusted (whether increased or decreased) unit prices shall be computed as follows:

Divide the differences between the CPI on the anniversary date of the agreement and the CPI on the date of the agreement by the CPI on the date of the agreement and multiply by the unit prices specified in the agreement.

7. TEMPORARY SUSPENSION. T:!~e City Manager shall have the authority to suspend this agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the ~~art of the CONTRACTOR to perform any provision of this agreement.

8. SUSPENSION; TERMINATION.
a) Right to Suspend or Termin~ite. The CITY may suspend or terminate this agreement for any reason by giving thirty (30) day;' written notice. Upon receipt of such notice CONTRACTOR shall immediately discontinue his performance under this agreement. b) Payment. Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CI~NTRACTOR only for that portion of CONTRACTOR'Sservices which are of benefit to CITY.

9. INSPECTION. CONTRACTOR shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONTRACTOR are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the PROJECT MANAGER's inspection and approval. The inspection of such work shall not relieve CONTRACTOR of any of its obligations to fulfill its agreement as prescribed.

10. ASSIGNMENT; EMPLOYEES. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other pasty, and then only subject to such terms and conditions as the other party may require. A conser-tto one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void, and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other p~ty.u11. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
3 TO CITY: Office of the City Clerk
City of Cupertino
10300 Torre .Avenue
Cupertino, C.A 95014
TO CONTRACTOR: Attention of the PROJECT
DIRECTOR at the address of
CONTRACTOR recited above.

13. INDEMNITY. CONTRACTOR hereby agrees to indemnify, hold harmless and assume the defense of , in any actions at law or in equity, the CITY, its officers, employees, agents, and elective and appointive boards from:
a) Any and all claims and demands which maybe made CITY, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged t~~ have been caused by, any act or omission, negligent or otherwise, of CONTRACTOR or arty subcontractor under this agreement or of CONTRACTOR'Sor any subcontractor's
employee-s or agents;
b) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CONTRACTOR, or in proximity to the site of CONTRACTOR'S work, caused by any act or omission, negligent or otherwise, of CONTRACTOR, or any subcontractor under this agreement or of CONTRACTOR's or any subcontractor's
employees or agents;
c) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to o:r death of any person or damage suffered or sustained by any employee or agent of CONT:fZACTOR or any subcontractor under this agreement, however caused, excepting however, a.ny such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents, or employees; d) Any and all claims and demands which maybe made against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused or alleged to have been caused by the use of any apparatus, appliance, or materials furnished by CONTRACTOR or any subcontractor under this agreement; and 4 e) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit.

CONTRACTOR, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against CITY, its officers, agents, or employees on any of the above claims or demands of such third persons, or to enforce any of the above penalties, acid pay and satisfy any judgment or decree that maybe rendered against CITY, its officers, agents, or employees in any such suit, action, or other legal proceedings.

14. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation. or to undertake self-insurance in accordance with the provisions of that Labor Code, and it certifies that it will comply with such provisions before commencing the performance of the work of'this agreement.

15. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement, the insurance coverage of at least an "A", Class VII rating as determined in accordance with the insurance industry standard, insuring not only CONTRACTOR, but also (with the exception of workers' compensation and employer'sliability insurance), (~ ITY, its officers, agents, and employees, and each of them with respect to activities and servic:es performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreem~;nt.

Certificates of such insurance, on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage, and will not be canceled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured.

Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk.

16. CONTRACT SECURITY. The CO1TRACTOR shall furnish a surety bond in an amount equal to four months of the contract price <<ssecurity forthe faithful performance ofthis Contract.

17. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind the heirs, ~;uccessors, executors, administrators, assigns,and subcontractors of both parties.18.

WAVERS. The waiver by either Marty of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, orlaw shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, orlaw or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, orlaw.5 The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance.

19. COSTS AND ATTORNEYS' FEE;. The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party.

20. NONDISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion, or sex of such person. If the value of this agreement is, or may be, Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Cupertino Municipal Code pertaining to nondiscrimination in employment and to submit the " Compliance ReportNondiscrimination Provisions of City of Cupertino Contracts." If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-five Dollars ($25) for each person for each calendar da~~ during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California
Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph.

If CONTRACTOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CONTRACTOR shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of '['wo Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract, or both.

21. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the Statf; of California. 6 P.O. No.

IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written.

CITY OF CUPERTINO:

By:

Mayor
Attest:

City Cler
Date: _ 5 , 20~
City Clerk
CONTRACTOR:

By:

Notary acknowledgment is required. If a
corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
I.D. are required. If not a corporation, a
Social Security No. is required.

Social Security # Federal Tax I.D. #
Contractor's License No. ~~ Iy~S

APPROVED AS TO FO
Ss
Clt Attorne
C~~N ~~ s~ IARRY D. KRIEGER
Y Y S~,^ .~~. Gr~?wA Commission # 1329704
Notary Public - L'alifornia
Santa Clara County
My Caren- Fires Nov 11,2005
Project Name & Number: BLACKBERRY FARM CTOLF COURSE MAINTENANCE Project No. 2001-08
Contractor Name & Address: PROFESSIONAL TURF MANAGEMENT 1272 LINCOLN AVE.

SAN JOSE, CA 95125
Contract Amount: $179, 04375.

Account Number: 560- 70146640-
File Nos: 92, 11054.
zj~JG:

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

B. Contractor and all subcontractors will ~~arry 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 offia~rs, 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 or comprehensive general liability insurance, automobile liability insurance and builder's all risk' insurance. All insurance coverage shall be in am~~unts 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 policie~~. Insurers must be licensed to do business in the State of California. The Insurers must also have yin "A" policyholder'srating and a financial rating of at least Class VII in accordance with the current: Best's Guide Rating.

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 ~~e 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 full: 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 res~~ect 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 issued by a
company admitted in California and having a Best's Guide Rating ofA, Class VII or better.

Worker'sCompensation Liability In accordance with the Worker'sCompensation Act of the State of California - $1, 00000,per
occurrence.

Insurance Agreement Page I of 2
Public Liability -either commercial general Combined single limit of $1.0 million per liability or comprehensive general liability; occurrence; $2.0 million in the aggregate. including provisions for contractual liability, personal injury, independent contractors and
property damage coverages.

Automobile Liability -comprehensive covering
owned, non-owned and hired automobiles.

Combined single limit of $1.0 million per
occurrence.

Consultants only: Errors and Omissions liability 1.0 million per occurrence.

Contractor'sName)
0 1
Dated: ~ Z~ 20~
Insurance Agreeme~itPage 2 of 2
FROM : Spot Water Mana9ement, Inc FAX NO. : 408- 8156288- Oct. 30 2003 13:11PM P3 OF''
CUPE( TINOt`CERTIFICATE OF lN5tURANCE TO T>dE CY` XI'OF CYJPERTINO This certifies to the City of Cupertino that. the following described policies have bear i>saed to the insurai named below and are izl fora at this time.

InStired:~rnffessional
Addt~ 1272ess:._Lincoln Avenue
ose, CA 9512,,,
Description oioperations/ produc~locatious/ sinstu+cd (show contract name and/or nvmt er, ifany):
owide.a
po.1
f course mai ntwnanrw( g,~~, mowj,~ gaf blowinct, raking) z
i"
woxKER'sCOIKPENSA~'ION * Statutory Min.

Employer's
c e Lialbility
nsrne of insurer) Company
11000, ,000 $ 1, 000 $ 000, 1, 00000,
Insurance Company's State License No. ~ ~ _ `-`-'
Check Policy Type: Each Occurrence ~ 1 , 0 0 0 , 0 0 0 .___ CONIPRE~ENS1rVE GENERAL
ILIABILi' XX'
x] Premises/Operations
xj Owners 8r Contractors
Protective
Contractual for Specific
Contxa~ct
a.

Products Liability
xc~vE[azards
c ] Broad Fornt P.D.

Severgbility of Interest
Clause
Getteral Aggregate
ifapplicable)
Aggregate
2, 000000,
1~ 0` 00 X000
Personal Injury
Fire Damage (any one fire) 100,000
j . Pezsonal .Injury with Medical Expense $ 5 , 0 0 0
Employee Exclusion Removed ( any one person)
or Self-Insured
CONIlYIERCIA,LGENERAL I,TABILITS.' Retention $ 5 0 0
Scottsdale Insurance Company
name of insurer)
Policy No. CLS0910972 Expiration Date 4 / 1 / 0 4 ..

CertiScste of Insurance A~rocment Page 1 of 2
FROM : Spot Water Management, Inc FAX N0. : 408- 8156288- Oct. 30 2003 13:12PM P4 w
At_ I'OT; VEHICLE`OIt~ IVE/LIABILITY BObTLY INJURY
Commercial Form ~ Eseh Person
Liability Coverage
N/,~ w
Each Accident
N~_
ztarne of insurer)
N/A
Combined Single Limit
Policy No. N/A Expiration Date N/A
PROPERTY I~AMAGB
Each Accident
N/A
or
N/A
I
A copy of all Endorsezzxents to the policy(ies) which in any way a initial) Iinut the above-listed types of coverage are attached to tt.is Certificate ofTnsw~ance.

This Certificate of Insurance is not an instu- eanc; policy and does not arrcend, exten I or alter the coverage afforded by tl~e policies listed herein. Notwithstanding auy requirem~;nt, term, oz condition of any contract or any other document with respect to which dais Certificate of Insurance' may be issued or may pertain, the insurance affi~rded by the policies described taereir is subject to all the terms, exclusions and conditions of Bach p olicies.

T IS kIEREB'X' CERTIF~Z? that the above po: ies) ficy(provide liability insurance as he Agreement required. by betweezt~ he(City and the insured.

V ~ -- 17ated: zo
attach ' ficate of - ce and Additional In:;ured Endorsement on company form;:.

Ce~tifccate of ~scuanee Al~eement page 2 of 2
FROM : Spot Water Management, Inc FAX NO. : 408- 8156288- Oct. 30 2003 1?: 12PM P5 CUP~TINO ENDOILSE11~E1v1' OF' P)<tIMARY INS1iJRANCE
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsezncnt is attaclxed or any other Endorsement attachcd therE#o, it is as agreed follows:

The insurancx affordcd by this policy is primary insurance, and no additional i nsar$nce hcld or owned. by"the designated additional instu~ s) cd(shall be called upon to cover a loss u ader said additional policy.

PO)[.) CCY IIVP'ORMATICON

1. YnsmancxCompany: Scottsdale Insurance Company

2. Insurance Policy Number: C L S 0 911) 9 7 2

3. Effective Dato ofthis Endo~rscment: c) c t o b e r 3 0 2U 0 3

4. Insured; Proffessional Turi" Management
All notices herein provided to be given by the Insuzance with Company to the City in connection
at 10300
this
Tonne
policy and this Additional Insured Endorsement, shall be mailed to or deliver ~ to the City Avenue; Cupertirxo, California 95014. i, K e 11 J. Vol a t t i (
warrant print/type name) that I have
hereon do
authority to bind the 'below Listed Insurance Company and by any Signature', so bind this Coznparry, Signature ofAuthorized lteproscn ve: '~ ~ r, tt -~' •
Original signature r rsemen ed to istnict)
Vane of
gent/Agency: Vol atti Insurance Services Title: owner
address:39350 Civic Center Dr. #411 TeIephone• 510- 9077505- Fremont, CA 94538 Facsimile: 510-505- 0284
Primary Endorsement page 1 of 1
FROM : Spot Water Management, Inc
OF
CUPEI~TINO
FAX NO. : 4i~ 288-8-156 Oct. 30 2003 1 ?: 13PM P6
ADDI'ITONA)(. INSYJRED ENDORSEMENT
In consideration of the policy premium and notwithstanding any inconsistent statement in thf policy to which this Endorsement is attaches or any other Endorsement attached thereto, it is agrees as follows:

The City of Cupertino ("City's and its directors, officers, engineers, agents and a mployees, and all public agencies from whom pernuts will be obtained and their directors, offers, engineers, agents and employees are hereby declared t,~ be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional instneds in connection with, but limited to its general supervision or inspection of said operations POLICY' Il~' T)<OItMA'N

1. Insurance Company: Scoff sdale insurance Company

2. Insurance Policy Number; CL S 0 910 9 7 2

3. Effective Date of this Endorsecztent: October 30 ZO 0 3

4. Insured: Proffessional Turf M;~nagement
All notices herein provided to be given 'by the Insurance Company to the Ciry . n connection with this policy and this Additional Insured Endorsement, shall be mailed to or deliver sd to the City at 10300 Tone Avenue; Cupertino, California 95014.

I, K e 11 y J. V o l
p
a t t i (
warrant pz' t<int/ Pe name) that I have authority to bind the betvw listed Insurance Company and by ny signature hereon do so bind this Company.

Signature of Authorized Represel~ e:tati~
Original signature required o 11 Rn eats to the iet)
names of
gendAgency:_Voltiatti Insuranceservices Title: owner
ddress: 39350 Civic Center Dr. =411 Telephone: 510- 9077505- 1'
Fremont ~ CA 94538 Facsimile: 510- 0284505-
Additional Ins~ued Endorsement Page I of l
FF20M : Spot Water Management, Inc
TM of
CUPEl~TINO
FAX N0. : 408-- 8156288- Oct. 30 2003 13:13PM P7
COl1~.' VICREHENSI' GENERAL LIABILITY
C01V1MFRCIAL ( xEN>~RAL LIABILITY
ENDORSElVIENT OFA. TEGGREGA,X.IIVIZTS OF

INSURANCE PER PROTECT
In consideration of the policy premium and
policy to which this Endorsement notwithstanding any inconsistent statement in the is attached or any other Endorsement attached t;lereto, follows: it is as This Endorsement modifies the insurance provided under the Cien;eral Liability Coverage part the below~referenced policy of insurance.

The
described
general
aS
aggregate
Blackberry
limit under
Farms
LIMITS
Golf
QF IlVSYJRANCE
Course
applies separately to the project
pol.rc~ nvFOR1r~, TION
Insurance Company: Scottsdale Insurance Company

2. Insurance Policy Number: C L S 0 910 9 7 2

3. Effective Date of this Endorsement: O c t o'b e r 3 0 20 0 3

4. Insured; Proffessional Turf Management

5. Additional Insured: City of Cupertino, its dir~: ctors, officers, agents az~d employees. with
All
this
notices hez-ein provided to be given by the Insurance Company to the City itt connection policy aztd this Additional Insured Endorsement, shall be xuailed to or deliver ~ to the City at 10300 Torre Avenue; Cupertixto, California 9~~O14.

I, Kelly J. Volpatti
Narrant that I have
iereon do so bind this
authority
Company.
to bind the below listed Insurance Company andb, ~ ny signature ignature of Authorized Represents e: ~ ~ ~ : ,
Original signature required on alI meats ed to strict)
fames of
gent/Agency: Volpatti Insurance Services Title: owner
address: 39350 Civic Center Dr. 413- Telephone: - -_~-
pacsirnile: 510 - 5 0 5 -0 2 8 4
Aggregate Lunit& F;ndorserncnt >'age 1 of I
FF20r1 : Spot Water Management, Inc FAX N0. :408- 8156288- Oct. 30 2003 1?: 14PM P8 cuPE>~nNO
WAIVI~,R O1F' SUBROGATION ENAORSEMENT
WORKER'SCOMPENSATION IlVSIIRANCE
la consideration of the policy premiw~ and
policy to which this Endorsement notwithstanding any inconsistent s~tement in the is attached or any other Endorsement attached ille:C ~o, it is agreed as follows:

Xt is agreed that with respect to such. insurance as is afforded b the li the Company waives any right ofsubrogation it may require against the City of Gpeti~io, and ~ of its directozs, offtcers, agents, consultants arld employees by reason of of injury, any payment m ide on account including death resulting them&om, sustained by any employee of the of the performance of inswod, arising out the abovo-referenccd Contzac~t.

POLICY INk' ONORMA'~

1. Insurance Company: Granite State Insurance Company

2. Insurance Policy Number: wC 0 9 9- 6 0- 3 7 __

3. Effective Tate of this Endorsement: October 3 0 ~^
200 3

4. Insured: Proffessional Turf Management
A.11 notices herein provided to be given by the Insurance with this policy and this Additional Company to the City n connection Incurred Indorsement, shall be mailed to or deliverer to the City at 10300 Torre Avenue; Cupertino, Califomi~~ 95014.

I, Kelly J. Volpatti
warrant that I have
lereon do sv bind this
authority to bind the below listed Insurance Co an andb~net•same) Company. ~ y Y Y ignature iignature ofAuthorized
Original signature ~
dames of
gendAgency. Vol atti Insurance
1 Services Title: owner
address:

CPntp.r
nr_ X411 Telephone: 510- 9077505-
Fremont, ~, 94538 Facsimile: 510- 0284505-
Subrogation Lxdorsemcnt Page 1 of 1
FRt7M : Spot Water Management, Inc
CUP~ TiNOi~
FAX NO. : 408- 6156288- Oct. 30 2003 12:14PM P9
NOT'1f1~ OF POLICY
CANCELLA~ZON ENDORSElv>;ENT
Yn consideration of the policy prcmi~um and notwithstanding any inconsistent atatemeat it the policy to which this Endorsement is att2~ched or any other Endorsement attached thereto, it u agreed as follows:

C~celiation Notice. Theiasurance al~orded by this policy shall not be susp~i voided canceled, reducxd in coverage or in limits, or materially altered, except after thirty (3(~) days' prior written notice by certified mail, return receipt requested, has bern given to the City of G~ tinapea:

City'. Such notice shall be addressed to the City as indicated below.

POLICX 1<NFO1tMATION
Insurance Company:_ S rn r i- c cl a l a T n s» r a n ~ P ~ ~A~~ .,

2. Insurance Policy Number:_ CLS 0 910 9 7 2

3. Effective Date of this Endorsement:~ct nhP r ~ n _ 20Q~ Q. Insured: Proffessional Turf Management
All notices herein provided to be given by the Insurance Company to the City iit connection with this policy and this Additional Instiued Endorsement, sha1I be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014.

I, Kelly J. Volpatti (
warrant that I have authority to bind the below listed
print/ enamc) ry~
Insurance Company and by riy signature hereon do so bind this Company.

A~
Signature of Authorized Represen ~ ve: ~ _ _
Original signature required on ~ nents to th ' s "ct)
Fames of

4. Agent/ency: Volpatti Insurance Servicesfi~ce Owner _ address: 39350 Civic Center Dr. #411 Telephone: 510- 9077505- Fremont, CA 94538 Facsimile: 510- 02$505- 4
Cancellation Endorsement Page 1 of 1

STATE OF CALIFORNIA
or~trrautor~ Mate ~icet~e ~oarb
Pursuant to Chapter 9 of Division 3 of the Business and Professions Code and the Rules and Regulations of the Contractors State License Board, the Registrar of Contractors does hereby issue this license to:

PROFESSIONAL TURF MANAGEMENT
to engage in the business or actin the capacity of a contractor in the foliovving classification(s):

C27 -LANDSCAPING

HIC -HOME IMPROVEMENT CERTIFICATION

SIGNATURE OF LICENSEE

SIGNA URE OF LICENSE QUALIFIER
Witness my hand and seal this day,
October 24, 2003
Issued October 23, 2003
This license is the property of the Registrar of Contractors, is not transferrable, and shall be returned to the Registrar upon demand when suspended, revoked, or invalidated
for any reason. It becomes void if not renewed.

Stephen P. Sands
Registrar of Contractors
826508
License Number
I~~- cw ~rt~v. i-vl) ~ VJY UI ~Y44if
AWIT NO: Y995Z6
t-:'\~
I
Ii ,~ />
J City
Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
408) 777-3354
F FAX (408) 777-3333
CUPEIQ1NO

PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM AGENDA DATE March 15.2005

SUBJECT AND ISSUE
Reject all bids for Blackberry Farm Golf Course Maintenance, Project No. 012005- and authorize staff to evaluate the bid requirements and re-bid the project.

Authorize the Director of Public Works to negotiate and execute a change order for a 2 month extension to the current contract with Professional Turf Management to ensure continuity for maintenance ofthe golf course in an amount not to exceed $ 35, 00. 000.

BACKGROUND
The maintenance of Blackberry Farm Golf Course has been contracted since March of 2002.

The current contract is held by Professional Turf Maintenance. This project has reached the maximum tenn with renewal of the agreement and therefore was put out to competitive bid. The bid provides for a price for a one year project (estimated cost $180,000) with the City's option to renew for up to 2 one-year extensions, each with a CIP adjustment.

The following is a
summary of bids received for the referenced project:

Bidder
Jensen Landscape Service Inc
City Cost Estimate
Professional Turf Maintenance
Base Bid
161,496. 00
180,000. 0
186,000. 0
As noted above, Jensen Landscape Service Inc. was the apparent low bidder. However, after careful review by staff of the bid documents and the statement of qualifications it has been deemed that Jensen Landscape Service Inc. bid is non-responsive due to the lack of required experience in maintaining golf courses, which requires that a prospective bidder have at least three golf course maintenance projects in the last 5 years. They have had no apparent experience in golf course maintenance.

The next lowest and only other bidder was Professional Turf Management. The City reviewed the statement of qualifications for Professional Turf Management. However, again, after careful review, it has been deemed that Professional Turf Management was also non-responsive and therefore disqualified due to the lack of having 3 contracts at or above $150,000 in the last 5 years. They had only 2 qualifying projects. It should be noted that this finn is currently maintaining Blackberry farm under a contract approved in March of 2002. The reason they did óJ.-/
Printed on Recycled Paper
Attachment E
not meet the CUlTent qualifications is that the cUlTent bid was prepared under provisions of the City's Responsible Contracting Policy, which was not approved until April of 2003.

Therefore the earlier contract did not require a separate statement of Qualifications as now required under the new policy. However, upon rebidding the project, staff will review the portion of the bid with respect to the qualifying experience and make appropriate adjustments if necessary. The City's policy allows this review and adjustment for qualifications since it does not affect the basic intent of the policy nor the specifics of the policy, which have to do with prevailing wage and other such violations.

Due to the current contract tenn ending on March 31, 2005 the it is proposed that the Council authorize the Director of Public Works to negotiate a change order to extend the current contract tenn for an additional 2 month in an amount not to exceed $3, 0000. in order to maintain continuity of the maintenance activities for the golf course while the project is re-bid.

FISCAL IMPACT
An additional expenditure of up to $35, 0000.will be required for the extension of the current contract. Funds are available in the budgeted Blackberry Golf Course Fund, Acct # 560-9940- 7014

STAFF RECOMMENDATION
Reject all bids for Blackberry Farm Golf Course Maintenance, Project No. 0I2005- and authorize staff to evaluate the bid requirements and re-bid the project.

Director of Public Works
Submitted by:

Therese Smith
Director ofParks & Recreation
Attest as to bids received: Approved for submission:

David W. Knapp
City Manager
1 Kimberly Smith
City Clerk
J.-¡;)
o
CUPEIQ1NO

APPROVED MINUTES

CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, March 15,2005

CALL TO ORDER
At 6:10 p.m. Vice-Mayor Richard Lowenthal called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California.

ROLL CALL
City Council members present: Vice-Mayor Richard Lowenthal, and Council members, Sandra James, Dolly Sandoval, and Kris Wang. Council members absent: Mayor Patrick Kwok.

CLOSED SESSION

1. Labor negotiations - Government Code Section 54957.6 - closed session regarding proposals for fiscal year 05-06 with Cupertino Employees Association (CEA).

At 6:10 p.m., Council recessed to a closed session. At 6:50 p.m. Council reconvened, and Deputy City Attorney Eileen Murray reported that no action had been taken.

RECESS - 6:34 p.m. until 6:50 p.m.

PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Patrick Kwok called the meeting to order again in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.

CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMENTS - None

WRITTEN COMMUNICATIONS
The City Clerk reported that Council had been given a letter dated February 14 ITom Cathy Helgerson ~egarding item No.9; an exhibit handed out for the Stevens Creek Corridor near Blackberry Farm, item No. 10; and email ITomMaryLukewithquestionsaboutitemNo.1o.

Attachment F
March 15,2005 Cupertino City Council Page 2

ORAL COMMUNICATIONS
E. J. Conens said he did not think it was proper that Council member James was involved with the Association for a Better Cupertino (ABC), which was opposing the CCC initiatives, since the Council members should represent everyone in the city. James said that the ABC was a group of local community members who had aligned themselves to answer questions regarding the initiatives. She said that as an elected official, it was her role to make sure everyone has proper and accurate information, and the community will make the final choice.

Bob McKibbin spoke about the lack of adequate public notification regarding projects in general, and in particular the Vallco "Rose bowl" item on the agenda. He said there had been changes made 5 days before the City Council meeting that should not be treated as a minor modification. He asked that it be delayed to allow more citizen review and participation.

Rusty Britt said that instead ofreplacing empty storerronts with new businesses, housing is going into those places. She asked the council to slow down their plans for housing and instead attract new businesses.

CONSENT CALENDAR
Lowenthal/James moved and seconded to approve the items on the Consent Calendar as recommended. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent:

None.

2. Approve the minutes rrom the March I City Council meeting.

3. Adopt resolutions accepting Accounts Payable for February 25 and March 4, Resolution Nos. 05-041 and 05-042.

4. Adopt a resolution accepting Payroll for February 25, Resolution No. 05-043.

5. Accept the Treasurer'sBudget Report for January 2005.

6. Accept applications for Alcoholic Beverage Licenses:
a) Ramenrama Red Miso, 19772 Stevens Creek Blvd. (new restaurant next to the Elephant Bar)
b) A restaurant at 1655 S. DeAnza Boulevard, near Prospect Road ( formerly Formosa Restaurant)

7. Adopt a resolution authorizing an application for grant funding under the Clean, Safe Creeks and Natural Flood Protection Program, Resolution No. 05-044.

8. Adopt a resolution approving the Settlement and Mutual Release of Claims Agreement with the Silicon Valley Animal Control Authority (SVACA), Resolution No. 05-045.

March 15,2005 Cupertino City Council Page 3
ITEMS REMOVED FROM THE CONSENT CALENDAR ( above) - None

PUBLIC HEARINGS

9. Consider an appeal ofthe Planning Commission'sapproval of Application No. TM-2004- 05, Wayne Aozasa (CA Water Service), located on Greenleaf Dr., APN 326- 107: 33- a) Tentative Map to subdivide a . 95-acre parcel into four lots ranging rrom approximately 6,430 square feet to 8,880 square feet, plus a remainder of 11,500 square feet.

Community Development Director Steve Piasecki reviewed a PowerPoint presentation, and the City Clerk distributed a letter rrom Cathy Helgerson dated February 14, 2005, to the California Water Company raising concerns about potential contamination of the well.

Cathy Helgerson spoke and distributed copies of her statement. She said that Cupertino citizens have subrnitted a petition with 78 names opposed to the Greenleaf Drive project.

Helgerson said the project does not cornply with California laws regarding water resources, that there is a potential for contamination, especially within 100 feet of the well, and that she believed an environmental impact review is necessary.

Shawn Heffuer, representing California Water Service, referred to a letter written in response to Ms. Helgerson'sconcerns. He said current regulations set forth guidelines for location of wells with respect to sewer and storm drain lines. In this project, both the sewer and storm drain lines will be at least 50 feet away and are in compliance with the requirements of the California Department of Water Resources. He said the well itself is 715 deep, and the water table begins at 160 feet, and that all their wells are concrete sealed. He said the well is tested regularly, with full testing every 3 years, plus water sampling done every week.

Jeannette Weber, Water Quality and Laboratory Manager for California Water Service, said that the compliance period for organic and inorganic chemistry testing is every three years pursuant to the California Water Code, and other federal regulations require radiological testing every four years.

David Lee, an attorney representing California Water and Northern California Developments, said the applicant could relocate the trees instead of removing them, although they are disfavored trees, such as eucalyptus and pines. He discussed the landscaped island that had been added to the entrance in order to angle the traffic, and he said they believe the wrought iron fence around the well area would provide sufficient security.

March 15,2005 Cupertino City Council Page 4
Leo Wang expressed concern about the possible contamination of the well because it provides drinking water for many Cupertino residents. He showed a copy of California Water Well Standards from the Department of Water Resources that indicates there should be at least 50 feet between a well and possible sources of contamination.

Arlett Kerley, Santa Clara County Department of Environmental Health, said that her agency had reviewed the project and had no concerns.

Penny Whittaker asked how many households were serviced by the well, how old are the wells, and what proof is there that the water will not become contaminated by vehicle traffic or chemicals used in the homes.

Virginia Tamblyn said she is a real estate agent, and has had a listing on Homestead road
that was next door to a well. She said it was on a fenced lot surrounded by a lot of trees, and there was some noise &om the equipment. The existing neighbors did not mind it.

Council members discussed whether an independent assessment of water quality was advisable, since the water company had a financial interest in the project.

In response to concerns raised by the City Council, Community Development Director Steve Piasecki said that staff would contact the Public Utilities Commission and other agencies for a referral to an expert third party to conduct an independent evaluation of this project and its potential impact on water quality. He said that the costs would be borne by the applicant. He suggested that this item be removed from the agenda at this time and would be advertised again when the independent review was completed.

Lowenthal/James moved and seconded to table this item. The motion carried unanimously.

UNFINISHED BUSINESS

10. Consider the trail alignment, picnic ground capacity, fund balance transfer, and project schedule for Stevens Creek Corridor Park.

Parks and Recreation Director Therese Smith showed a PowerPoint slide show that highlighted the staff report and distributed a photocopy of the presentation.

Rhoda Fry said she didn'tthink the community was given sufficient notice about the decision on the trail alignment. She said that although the community has been working on it for years, this seems to be an IIth hour change.

Alex Tsai said he had concerns about security, noise and privacy. He asked the Council to consider impacts on the neighborhood, and he suggested reducing the number of bridges. Council member Lowenthal said that one of the major reasons to change the park operation has to do with Mr. Tsai's home, and in order to separate free areas from March 15,2005 Cupertino City Council Page 5
fee areas, the bridges and tunnels are necessary to keep the park usage away from the residence.

Lowenthal/Sandoval moved and seconded to approve an east side trail alignment ( as illustrated on all the alternative plans) with a 100' setback from the Meadows property line. The motion carried unanimously.

Discussion followed about making the trail appropriate for multiple uses.

The following individuals were in favor of a multi-use trail.

Mike Vroman (in favor ofpaving)
Don Burnett (in favor of paving)
Fred Stanke
Margaret Limberatos
Larry Dean (in favor of paving)
David Greenstein (preferred no paving but ADA compliant) Paul Nam (keep McClellan Ranch area natural)
Kevin Jackson
Jeanne Bradford (not paved)
Anne Ng, (paved up to McClellan Ranch and then a natural, all-weather surface through the park).

Aaron Grossman (new materials available are more organic and drain better; prefers a smooth, all-season surface that is environmentally sensitive) Robert Skyles
Adrienne Harber
Deborah Jamison read a statement and distributed copies that included photographs of the Los Alamitos Creek Trail in San Jose. She said that this project would disrupt the old orchard area and would impact the local wildlife including bluebirds, deer, and redshouldered hawks.

The following individuals were also opposed to a multi-use trail:

Robert Hirt, Vice President of the Santa Clara County Audubon Society. He suggested a
one-year test period.

Rhoda Fry
Larry Loo
Don Bautista
Janet Van Zoeren
Sandoval/James moved and seconded to approve a multi-use trail along the east side of McClellan Ranch, preserving the meadow and keeping traffic as far from the creek as possible. The motion carried unanimously.

March 15,2005 Cupertino City Council Page 6
Lowenthal/Wang moved and seconded to have a non-asphalt, non-concrete trail that would be suitable for all wheeled activities including rollerblading, bicycling, strollers, wheelchairs, etc. The.motion carried unanimously.

Discussion followed regarding the picnic facilities.

Deborah Jamison said that the impact of picnickers could harm the creek restoration, and the west side should be kept relatively free of human impacts. She said that Council should not choose to gain more revenue at the expense ofrestoration and natural areas.

Jennifer Van Zoeren said she agreed with Jamison'scomments. She also felt that all areas of the park and picnic areas should be open to the public when not reserved for groups.

Rhoda Fry talked about the possible contamination from swimming pool water entering the creek and suggested that the pool be moved following the end of its useful life. She also talked about the change in picnic use and said that the park did not need extra fences, gates, or barriers. She said that nonresident users should pay full fare, and that the park needs an entrance from the Stevens Creek Trail.

James/Lowenthal moved and seconded that Blackberry farm shall operate at a maximum capacity of 800 persons with 300 parking spaces, and that staff shall manage parking with shuttles, as necessary. This alternative reserves both riparian restoration options. The motion carried unanimously.

Lowenthal/Sandoval moved and seconded that the project shall commence in 2007, to meet a grant funding deadline, and that Blackberry Farm will operate as it has for the 2005 and 2006 season; and there shall be a transfer of $680,000 from the Blackberry Farm Fund balance to the project budget. The motion carried unanimously.

Sandoval asked that when the next meeting is held to discuss access to the site, they should also discuss paid parking and opportunities for people to picnic at the farm without paying an entry fee.

NEW BUSINESS

11. Consider architectural and site review for a previously approved use permit for 204 residential units, 105,300 square feet of new retail and a parking structure. Application No. ASA- 03, 2005-Mike Rohde (Vallco Shopping Center), 10123 and 10150 N. Wolfe Road, Assessor's Parcel Nos. 316- 03720-and 316- 038. 20- Mike Rohde, Vallco Fashion Center, said that the project had been reduced in height from 72 to 69 feet. He discussed the development agreement that was signed in October of 1991, and said it gives them the opportunity to create a unique, standalone project that will help revitalize the project.

March 15,2005 Cupertino City Council Page 7
Architect John Eller gave a brief PowerPoint slide show of the Rose Bowl site and discussed the circulation plan, building setbacks, and the pedestrian links throughout the project. He said the primary corner of interest is now an octagonal tower instead of an ellipse that was shown on earlier plans.

Landscape Architect Vince Lattanzio reviewed the landscaping plan and recommended accent trees at the corners such as palms, upright poplars or cypress trees.

Ned Britt recommended that the City Council not approve this project until the theaters are under construction, and he also suggested more public notice since they are adding another story and increasing the building and parking areas, which will cause concern about school impacts and traffic.

Dennis Whittaker said this project's height is out of character for Cupertino, and that the public had not been noticed about the character change. He said the contents of the development agreement should also be publicized, and that the combination of projects by Menlo Equities and Vallco will create major congestion.

Jennifer Griffin said she was concerned by the number of changes in the plans since last week, and public notice was particularly important concerning the Rose Bowl area. She said there would be impacts on overall density and traffic and pedestrian safety; that attention should be paid to bus routes; that the green belt area should serve as a public park; and that the new plans remove many of the ash trees that were supposed to be retained.

Bob McKibbin asked for a 60-day deferral because of the lack of sufficient public notification. He said that these appear to be major changes, including building density increase of23%.

Tom Hugunin expressed concern with the height, density, and the amount of affordable housing that would be provided. He said it appears that the traffic circulation will require the use of Finch Avenue, and he objected to the use of palm trees as a gateway design for the city.

Virginia Tamblyn said that residents throughout Cupertino should receive proper notice with photographs of the proposal. She was also interested in seeing the 1991 development agreement and how it addresses residential uses.

Mark McKenna, representing the Cupertino Chamber of Commerce, said that with current conditions it is very difficult to provide housing for Cupertino residents and employees, and they did not want that requirement passed on to businesses unfairly. For that reason they wish to work with the City to find land to support both business and housing, to look at the ABAG housing to jobs ratio, and find ways to create more housing and not lose jobs.

March 15,2005 Cupertino City Council Page 8
Mike Rohde described the new parking structures that will be used by movie theater patrons, and said that yesterday they had pulled the permit to begin demolition at the theater site. He said the lower level work would take about 6 months. Then, they will begin working on the upper level, the podium on top ofthe mall, and finally will build the shell for the theater.

James/Wang moved and seconded to give architectural and site approval, file No. AS A2005-03, in accordance with Planning Commission Resolution No. 6295 and with the conditions listed below. The motion carried with Lowenthal voting no.

Height shall be those shown in height comparison graphic dated 3- 0515- Accurate square footage shall be provided as part of the additional design review The intent of the project is for it to truly be sales-tax generated retail Include a water feature as a design element
Council preferred the taller ofthe two towers shown on the plans Encourage the applicant to look at incorporating one-bedroom units Lowenthal asked that the record reflect he voted no because he did not have a problem with the project, but with the process, and he thought the construction of the project should be linked with the construction of the movie theaters.

12. Reject all bids for Blackberry Farm Golf Course maintenance, Project No. 2005-01; Authorize staff to evaluate the bid requirements and re-bid the project contract; and Authorize the Director of Public Works to negotiate and execute a change order for a two-month extension to the current contract with Professional Turf Management to ensure continuity for maintenance of the golf course in an amount not to exceed $35,000.

Lowenthal/Sandoval moved and seconded to reject all bids, authorize to evaluate the bid requirements and re-bid the project, and to authorize the Director of Public Works to negotiate and execute a change order for a two-month extension with Professional Turf Management. The motion carried with Council member Sandoval absent.

13. Accept the 2003-04 Management Letter from City Auditors, Maze and Associates.

This item was continued to the next meeting.

ORDINANCES

14. Conduct the second reading of Ordinance No. 1960 repealing Chapter 20.02, which required the City Council to authorize General Plan Amendments. "An Ordinance of the City Council of the City of Cupertino repealing Chapter 20.02 of the Cupertino Municipal Code Regarding General Plans."
James/Lowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Sandoval.

March 15,2005 Cupertino City Council Page 9
Lowenthal/James moved and seconded to enact Ordinance No. 1960. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Sandoval.

STAFF REPORTS

15. Receive a legal opinion on mailed ballot elections.

This item was continued to the next meeting.

16. Receive a status report on General Fund Revenue and Expenditures (No documentation in packet).

This item was continued to the next meeting.

17. The next General Plan hearing is scheduled for Tuesday, March 22, at the regular Planning Commission meeting held in the Cupertino Community Hall, 10350 Torre Avenue, Cupertino (No documentation in packet).

City Manager David Knapp invited the public to attend.

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

ADJOURNMENT
At 12:50 a.m. on March 16,2005, p.m. the meeting was adjourned to Tuesday, April 5 at 6:00 p.m. to conduct interviews for the Community Development Block Grant (CD BG) Steering Committee.
t:t
City Clerk
For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www. orgcupertino. Click on Agendas & Minutes/ City Council! Packets.

Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www. orgcupertino. and click on Watch Meetings.

Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 2364. 777-

CUPERJINO

APPROVED MINUTES

CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, May 3,2005

PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.

ROLL CALL
City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members, Sandra James, Dolly Sandoval, and Kris Wang. Council members absent:
none.

CLOSED SESSION - None
Mayor Patrick Kwok held a moment of silence in memory of Willi Hagenlocher, founder of the American Youth Soccer Organization (AYSO). He also sent best wishes to Linda Walker, chairperson of the Cupertino Senior Citizens' Commission, for a speedy recovery from her illness.

CEREMONIAL MATTERS - PRESENTATIONS

1. Proclamation to Ralph Qualls for the James L. Martin award from the League of California Cities as Public Works Director ofthe Year. (No documentation in packet).

Mayor Kwok presented the proclamation to Ralph Qualls.

2. Presentation by the Vallev Transportation Authoritv (VTA) regarding the VTA long-term Transit Capital Investment Program. (No documentation in packet).

This item was dropped from the agenda.

POSTPONEMENTS - None
Attachment G
May 3, 2005 Cupertino City Council Page 2

WRITTEN COMMUNICATIONS
Council members received copies ofthe following items:

Item No. 20, packet of information from Assemblywoman Sally Lieber'soffice.

ORAL COMMUNICATIONS
Nick Garcia, La Mar Dr., representing a number of people opposed to the Regnart Creek Trail, expressed the following concems: crime; bike and pedestrian safety; trail safety; quality of life issues; destruction of natural habitat; limited access to the trail.

CONSENT CALENDAR
Sandoval/James moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 3, 7, and 8, which were pulled for discussion.

Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang, and James. Noes: None. Absent: None.

4. Adopt resolutions accepting Accounts Payable for April 1, 8, and 15, Resolution Nos. 05- 059 to 05-061.

5. Adopt resolutions accepting Payroll for April 8 and 22, Resolution Nos. 05-062 to 05- 063.

6. Adopt a resolution approving the destruction of records from the City Clerk department, Resolution No. 05-064.

9. Accept applications for an Alcoholic Beverage License:
a) Ramenrama Red Miso (on-sale beer and wine), 19772 Stevens Creek Blvd. (new restaurant next to the Elephant Bar)
b) The Blue Pheasant Restaurant, 22100 Stevens Creek Blvd.

10. Adopt resolutions approving a final parcel map and improvement plans:
a) 21851 Lomita Avenue, Lands of Li, APN 357- 064. 16-The resolution authorizes execution of an Improvement agreement, and signing of the parcel map and improvement plans, Resolution No. 05-066
b) Tracy Hsu and Huei-Hwang Hung, husband and wife as community property with right of survivorship, and Kong-Yeu Han and Suejane Han, husband and wife as community property with right of survivorship, all as Tenants in Common, 21811 San Fernando Avenue, APN 357- 082, 15-Resolution No. 05-067 May 3, 2005 Cupertino City Council Page 3

11. Adopt resolutions approving a Grant of Easement for roadway for Tracv Hsu and HueiHwang Hung, husband and wife as community property with right of survivorship, and Kong-Yeu Han and Suejane Han, husband and wife as community property with right of survivorship, all as Tenants in Common, 21811 San Fernando Avenue, APN 357- 082. 15- The resolution authorizes execution of an Improvement agreement, and signing of the parcel map and improvement plans Resolution No. 05-068.

12. Accept municipal improvements (No documentation in packet):
a) William A. Hurt, 21740 Alcazar Avenue, APN 357- 01119- b) Richard Shwe and Alma M. Shwe, 21840 Hermosa Avenue, APN 357- 05416-

13. Adopt resolutions approving parcel maps:
a) Suvi Shao. Jian Cai and Mei Ling, 10440 South Blaney Avenue, Resolution No. 05-069
b) Cupertino Estate LLC, 22291 Cupertino Road, Resolution No. 05-070 ITEMS REMOVED FROM THE CONSENT CALENDAR (above)

3. Approve the minutes from the March 15 and April 5 City Council meetings.

Richard Lowenthal offered his support to Sandra James regarding her involvement with the Advocates for a Better Cupertino (ABC) committee. LowenthaVSandoval moved and seconded to approve the minutes. The motion carried unanimously. Lowenthal/Sandoval moved and seconded to reconsider the first motion to approve the minutes. The motion carried unanimously.

Lowenthal/Sandoval moved and seconded to approve the April 5 minutes with an amendment to item number 20, reflecting Council's direction to allow people to re-app1y for the Human Service Grants. The motion carried with Sandra James abstaining.

Sandoval/James moved and seconded to approve the March 15 minutes as presented. The motion carried unanimously.

7. Adopt a resolution designating the order of succession of the office of City Manager, Resolution No. 05-065.

James/Sandoval moved and seconded to adopt Resolution No. 05-065 regarding the order of succession of the office of City Manager with the following amendment: 1.E. should read, "Other management staff as appropriate." The motion carried unanimously.

May 3, 2005 Cupertino City Council Page 4

8. Accept the Treasurer's Investment and Budget Report for March 2005. (Documentation will be available at the meeting).

This item was continued to the next meeting.

PUBLIC HEARINGS

14. Consider Application No. EXC- 01, 2005-Jimbo Schwalb, 10655 Santa Lucia Road, APN 342- 098: 17-an appeal of a Design Review Committee denial of a fence exception to allow motorized controls on an existing manual vehicular driveway gate at an existing single-family residence. This item is Categorically Exempt and the Planning Commission recommends upholding the appeal.

Community Development Director Steve Piasecki reviewed the staff report via a PowerPoint slideshow. Mayor Kwok opened the public hearing.

The applicant'srepresentative, Jimbo Schwalb, expressed concern over inaccuracies in the staff report, the need for an amended fence ordinance, and safety on his property without an automated gate. Mayor Kwok closed the public hearing.

James/Wang moved and seconded to review the fence ordinance and bring it back for discussion and review. The motion carried unanimously. James/Wang moved and seconded to deny the appeal. The motion carried with Richard Lowenthal voting no.

15. Consider adopting a resolution approving the 2005-06 Annual Action Plan and the use of third program year (2005-06) Community Development Block Grant (CDBm Funds, Resolution No. 05-071.

Senior Planner Vera Oil reviewed the staff report. Mayor Kwok opened the public hearing.

Robert Douglas from Economic and Social Opportunities (ESO) said that funds had been removed from his organization and moved to another program that provided affordable housing. He said that his organization also provides affordable housing, and asked Council to re-consider its decision, and to fund ESO fully. Mayor Kwok closed the public hearing.

James/Wang moved and seconded to adopt Resolution No. 05-071 approving the 2005-06 Annual Action Plan and the use of third program year ( 2005-06) Community Development Block Grant (CDBG) funds. The motion carried unanimously.

May 3, 2005 Cupertino City Council Page 5

16. Consider adopting a resolution amending Resolution No. 05-056, to reference the candidate statement fee in the 2005-2006 Fee Schedule, Resolution No. 05-072. (This item was continued from 4/ 05)./
Council members Dolly Sandoval and Kris Wang recused themselves from participation because of a potential conflict of interest, since they may choose to run for office again, and may have to pay the candidate statement fee. Mayor Patrick Kwok also had a potential conflict of interest but had been chosen by random selection to participate in order to make up the quorum. Sandoval and Wang left the Council Chamber at 7:45 p.m.

James/Lowenthal moved and seconded to adopt Resolution No. 05-072, which referenced the candidate statement fee in the fee schedule. The motion carried 3-0, with James, Kwok, and Lowenthal in favor, and Sandoval and Wang abstaining.

At 7:47 p.m., Sandoval and Wang were present.

UNFINISHED BUSINESS

17. Review bids and award the contract for Blackberry Farm Golf Course Maintenance, Project No. 2005-01 to Professional Turf Management in the amount of $186,720 per year.

Lowenthal/Sandoval moved and seconded to award the contract to Professional Turf Management in the amount of $186,720 per year, and directed staff to ask if the City's ground maintenance crew were interested in maintaining the golf course in the future. The motion carried unanimously.

NEW BUSINESS
Mayor Kwok re-ordered the agenda to take up item No. 20 next.

20. Presentation by Santa Clara Valley Water District (SCVWD) staff of a status report on the Calabasas Creek and Bollinger Bridge and Bikewav Proiect.

Greg Zlotnick, Board Director with the SCVWD, made some opening remarks and introduced Beau Goldie.

Council received the report via a PowerPoint presentation regarding the status of this project, from Deputy Operating Officer Beau Goldie, with the Lower PeninsulalWest Valley Watershed District.

Mayor Kwok re-ordered the agenda to take up item No. 18 next.

18. Presentation regarding state budget by Assistant Speaker Pro Tem Sally Lieber. (No documentation in packet).

May 3, 2005 Cupertino City Council Page 6
Assistant Speaker Pro Tem Sally Lieber presented Ralph Qualls with a special recognition from the State Assembly in conjunction with the award presented earlier in the evening from the League ofCalifornia Cities.

Council received an oral presentation by Assistant Speaker Pro Tem Sally Lieber on the status of the California State budget, as well as copies of the following documents:

Highlights of the Analysis of the 2005-06 Budget Bill"; " Santa Clara County Budget Impact"; Highlights of the 2005-06 Perspectives and Issues"; and "Cat Facts" dated Dec. 2004.

Cupertino Union School District ( CUSD) Board Member Pearl Cheng talked about education initiatives and other measures.

19. Adopt a resolution supporting AB 1590 ( Lieber and Cohn) regarding Property Tax Revenue Allocations for Special Districts - Santa Clara Valley Water District (SCVWD), Resolution No. 05-073.

James/Lowenthal moved and seconded to adopt resolution No. 05-073 supporting AB 1590. The motion carried unanimously.

Item number 20 was taken out of order after item number 17. Dolly Sandoval left the meeting at 8:40 p.m., after item number 19.

21. Adopt resolutions regarding the retrofit of Los Altos Garbage Company (LAGCO) refuse trucks:
a) Authorizing the City Manager to execute an agreement with the Bay Area Air Ouality Management District (BAAQMD) that will enable the City to receive a Transportation Fund for Clean Air (TFCA) grant in the amount of $63, 00000.for the retrofit of Los Altos Garbage Company (LAGCO) refuse trucks with emission control devices, Resolution No. 05-074
b) Authorizing the City Manager to negotiate and execute an agreement with LAGCO for the use of the BAAQMD funds in the amount of $63, 00000. and the use of the previously approved TFCA funding in the amount of $110, 00,00.both for the retrofit of refuse trucks to serve Cupertino customers, Resolution No. 05- 074a
Lowenthal/James moved and seconded to adopt Resolution No. 05-074 authorizing the City Manager to execute an agreement with the Bay Area Air Quality Management District regarding a grant for the retrofit ofrefuse trucks, and Resolution No. 05-074a authorizing the City Manager to execute an agreement with Los Altos Garbage Company related to the retrofit of refuse trucks. The motion carried 4-0 with Dolly Sandoval absent.

22. Adopt resolutions authorizing grant applications:

May 3, 2005 Cupertino City Council Page 7
a) Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate an allocation of 2005-06 Transportation Development Act Article 3, Pedestrian and Bicycle Project grant funding from the Metropolitan Transportation Commission, in the amount of $38, 00, 361.for the Mary Avenue Bicycle Footbridge, Resolution No. 05-075
b) Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate $450, 00000.in State Safe Routes to School, Cycle 6, funding for the Garden Gate School Zone Traffic Calming Project and a commitment for an additional $2,500 in local matching funds, for a total local match of $50,000, Resolution No. 05-076
c) Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate 2005-06 Federal Hazard Elimination Safety ( HES) funds in the amount of $67, 00500.for the State Route 85/Stevens Creek Boulevard Pedestrian Facility Improvement Project, with local matching funds of $7,500, and in the amount of $172, 00800.for the Pedestrian Countdown Signal Head at Various Locations Project, with local matching funds of$ 200, 19,Resolution No. 05-077.

Lowenthal/James moved and seconded to adopt Resolution No. 05-075, regarding funding for the Mary Avenue Bicycle Footbridge; Resolution No. 05-076 regarding funding for the Garden Gate School zone traffic calming project; and Resolution No. 05-077 regarding funding for the State Route 85/Stevens Creek Boulevard Pedestrian Facility improvement project and for the Pedestrian Countdown Signal Head locations project. The motion carried 4-0 with Dolly Sandoval absent.

23. Approve the Planning Commission Work Program for 2005-2006.

Lowenthal/James moved and seconded to accept the Planning Commission work program for 2005 with direction to staff to add a park at the Santa Clara County Roads and Airports property near the corner of I-280 and Lawrence; alternative park dedication ideas for amenities such as a gymnasium; country club possibility; in-lieu fees; renew the noticing policy; housing allocation issue; update the sign ordinance. The motion carried 4-0 with Dolly Sandoval absent. The plan included the following items:

Citv Council Goals
Vallco/HP Neighborhood Park
General Plan Update
Planning Proiects
Implementation of General Plan policies
Private Proiects
Toll BrothersIHP
May 3, 2005 Cupertino City Council Page 8
Vallco Fashion Park cinemas
Sobrato Office/Industrial to Residential Site
Taylor Woodrow Office/Industrial to Residential Site

24. Amend the Investment Policy to require quarterly investment reports:
a) Conduct the first reading of Ordinance No. 1961: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2. 05024.of the Cupertino Municipal Code Related to Monthly Reports."
Lowenthal/James moved and seconded to adopt a resolution ( No. 05-078) requiring quarterly investment reports until the position of finance director is filled. The motion carried 4-0 with Dolly Sandoval absent.

25. Schedule an additional date for a Budget Advisory Study Session in the event that documents are not ready in time for the scheduled study session on May 31. Suggested dates are Monday June 6, or Tuesday June 7 at 4:00 p.m.

Council concurred to schedule an additional meeting, if needed, for June 2 at 4:00 p.m. in the City Council Chamber.

ORDINANCES - None

STAFF REPORTS

26. The next General Plan hearing is scheduled for May 10, 2005, at 6:45 p.m. in the City Council Chamber of the Cupertino Community Hall. (No documentation in packet).

Council discussed the Planning Commission's desire to have an additional month to finish its work on the General Plan. Council directed staff to notify the Planning Commission, and to come back to council for discussion.

The public was invited to attend this General Plan hearing.

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

May 3, 2005 Cupertino City Council Page 9

ADJOURNMENT
At 9:41 p.m. the meeting was adjourned in memory of City Manager Dave Knapp's mother-inlaw, who recently passed away.

Grace Schmidt, Deputy City Clerk
For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www. orgcupertino. Click on Agendas & Minutes/ City Council/ Packets.

Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www. orgcupertino. and click on Watch Meetings.

Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.

AGREEMENT
THIS AGREEMENT, made and entered into this ( p day of , Jur<2... , 20125'-, by and between the CITY OF CUPERTINO, a municipal corporation of California, hereinafter referred to as " CITY", and Professional Turf Management, Inc, a Contractor with offices at 1272 Lincoln Avenue, San Jose, CA 95125, hereinafter referred to as " CONTRACTOR"; WITNESSETH:

WHEREAS, CITY desires to retain the CONTRACTOR for Blackberry Farm Golf Course Maintenance; and
WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and experience for performing such services, and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration oftheir mutual covenants, the parties hereto agree as follows:

1. DEFINITIONS.
a) The word " City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise.
b) The term " City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative.

2. THE AGREEMENT DOCUMENTS. The complete agreement consists of this agreement and the following agreement documents incorporated herein by reference:
a.) Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. b.) Standard Specifications, General Provisions, Special Provisions and Technical Provisions.
c.) Plans and Specifications for BLACKBERRY FARM GOLF COURSE MAINTENANCE. PROJECT NO. 2005- 01
d.) Faithful Performance Bond.
e.) Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker' s Compensation Insurance and Notice of Policy Cancellation Endorsement.

All of the above documents are incorporated into this agreement by reference so that any work called for in one and not mentioned in another, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete agreement are sometimes hereinafter referred to as the Agreement Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Agreement on the other, the Plans and Specifications shall prevail.

3. PROJECT COORDlNATION.
a) City. The City Manager shall be representative of CITY for all purposes under this agreement. The Recreation supervisor for Blackberry Farm hereby is designated as the PROJECT MANAGER for the City Manager, and shall supervise the progress and execution of this agreement.
b) Contractor. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this agreement for CONTRACTOR. Don Naumann is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written acceptance and approval of the PROJECT MANAGER.

4. DUTIES OF CONTRACTOR. Services to be furnished in accordance with EXHffiIT " A" BID PROPOSAL and contract specifications and technical provisions. a) Laws to be Observed. CONTRACTOR shall:
1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONTRACTOR under this agreement;
2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in CONTRACTOR' s performance under this agreement, or the conduct of the services under this agreement; 3) At all times, observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above;
4) Immediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and 2 decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement.

5. COMPENSATION. For the performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR the sum of Fifteen Thousand, Five Hundred and Sixty Dollars and No Cents ($ 15, 560. 00) per month, less any deductions for liquidated damages, plus any soil samples collected and tested for the month, payable upon submission by CONTRACTOR of itemized billings in triplicate; provided, however, that the total sum payable to CONTRACTOR shall not exceed One Hundred Eighty Six Thousand, Seven Hundred and Twenty Dollars and No Cents ($ 186, 720. 00) per year. The total contract for 2 years shall not exceed Three Hundred Seventy Three Thousand, Four Hundred Forty Dollars and No Cents ($ 373, 440. 00).

6. LIOUIDATED DAMAGES. The CONTRACTOR shall diligently prosecute the work to completion as scheduled in the Technical Provisions. The CONTRACTOR further understands that he shall pay liquidated damages to the City of Cupertino in the sum of one hundred fifty dollars ($ 150. 00) for each and every day that services are not completed as required.

7. TERM. The term ofthis agreement shall be two ( 2) year from the start date of the agreement. The City shall retain the option to extend the term of the agreement on a year- to- year basis not exceeding three years from the expiration of the original term, for a possible total of five year.

The start date of the agreement is June 1, 2005.

Any such renewal after the first two 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 agreement, including. an increase or decrease in compensation paid to the Contractor. Any increase or decrease in the previous contract price shall be based on the annual percentage change in the Consumer Price Index ( CPr) as of June 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 first two- year term of the agreement.

8. TEMPORARY SUSPENSION. The City Manager shall have the authority to suspend this agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONTRACTOR to perform any provision of this agreement.

9. SUSPENSION: TERMINATION.
a) Right to Suspend or Terminate. The CITY may suspend or terminate this agreement for any reason by giving thirty (30) days' written notice. Upon receipt of such notice CONTRACTOR shall immediately discontinue his performance under this agreement. 3 b) Payment. Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONTRACTOR' s services which are of benefit to CITY.

10. INSPECTION. CONTRACTOR shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONTRACTOR are being performed in accordance with the requirements and intentions of ~ is agreement. All work done and all materials furnished, if any, shall be subject to the PROJECT MANAGER' s inspection and approval. The inspection of such work shall not relieve CONTRACTOR of any of its obligations to fulfill its agreement as prescribed.

11. ASSIGNMENT: EMPLOYEES. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void, and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party.

12. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:

TO CITY: Office of the City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
TO CONTRACTOR: Attention of the PROJECT
DIRECTOR at the address of
CONTRACTOR recited above.

13. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder.

CONTRACTOR further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONTRACTOR shall at all times be deemed an independent contractor and not an agent or employee of CITY. 4 14. INDEMNITY. CONTRACTOR hereby agrees to indemnify, hold harmless and assume the defense of , in any actions at law or in equity, the CITY, its officers, employees, agents, and elective and appointive boards from:
a) Any and all claims and demands which may be made CITY, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act or omission, negligent or otherwise, of CONTRACTOR or any subcontractor under this agreement or of CONTRACTOR' s or any subcontractor' s employees or agents; b) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CONTRACTOR, or in proximity to the site of CONTRACTOR' s work, caused by any act or omission, negligent or otherwise, of CONTRACTOR, or any subcontractor under this agreement or of CONTRACTOR' s or any subcontractor' s employees or agents; c) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any employee or agent of CONTRACTOR or any subcontractor under this agreement, however caused, excepting however, any such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents, or employees; d) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused or alleged to have been caused by the use of any apparatus, appliance, or materials furnished by CONTRACTOR or any subcontractor under this agreement; and e) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit.

CONTRACTOR, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against CITY, its officers, agents, or employees, arising from their work, on any of the above claims or demands of such third persons, or to enforce any of the above penalties, and pay and satisfy any judgment or decree that may be rendered against CITY, its officers, agents, or employees in any such suit, action, or other legal proceedings.

15. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Labor Code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement.

16. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement, the insurance 5 coverage of at least an " A", Class vn rating as determined in accordance with the insurance industry standard, insuring not only CONTRACTOR, but also ( with the exception of workers' compensation and employer' s
liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreement.

Certificates of such insurance, on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with CITY' s approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage, and will not be canceled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured.

Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk.

17. CONTRACT SECURITY. The CONTRACTOR shall furnish a surety bond in an amount equal to four months of the contract price as security for the faithful performance of this Contract.

18. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind the heirs, successors, executors, administrators, assigns, and subcontractors of both parties.

19. WANERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law.

The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance.

20. COSTS AND ATTORNEYS' FEES. The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party.

21. NONDISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion, or sex of such person. If the value of this agreement is, or may be, Five Thousand Dollars ($ 5, 000) or more, CONTRACTOR agrees to meet all requirements of the Cupertino Municipal Code pertaining to nondiscrimination in employment and to submit the " Compliance ReportNondiscrimination Provisions of City of Cupertino Contracts." 6 If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of.federallaw or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-five Dollars ($ 25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph.

If CONTRACTOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CONTRACTOR shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($ 250) for each calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract, or both.

22. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. 7 P. O. No.

IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written.

By:

CONTRACTOR:

Professional Turf Management, Inc.

By:~ L C;)))'\) K
Attest: Lg~ ~ 71
City ctftF
Date: 4- UAt.L, &
o City Clerk
2005
Notary acknowledgment is required. If a
corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
J.D. are required. Ifnot a corporation, a
Social Security No. is required.

Social Security #
06- 1669163
Federal Tax J.D. #
Contractor' s License No. 826508
COVYlIy If! fJ'f.\ ~ C IK~]
f-lh-' fe t?f C~tftf'~ 111
2",#,- /~
Project Name & Number: BLACKBERRY FARM GOLF COURSE MAINTENANCE Project No. 2005- 01
Contractor Name & Address: Professional Turf Management, Inc. 1272 Lincoln Avenue
San Jose, CA 95125
I
Q" ,,'
LARRY D. K,qiE" ~
Commission fI. 13:<';) ; 04 "'
Notary, Public - C" alifoc:: a J
SBn~_ Clara COjJl1t~' i' M~, Cornm ":<PIres '1(,7-. , J ".}; I', \~ l~'~:--~\;~'
lttit~ lJ~~~._.

Contract Amount: $ 186, 720. 00 per year ($ 373, 440. 00 for two years) Account Number: 560- 6640- 7014
File No.: 92, 054. 13
8 JURAT
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State of L It ~, ', th .t-tf/11J
County of JA /Vlit t iA.t-A

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Subscribed and sworn to ( or affirmed) before me
I~
this l '-('/' day of n Awf ).() O S'-, by
Date
MOiWi Year
1) / ll\ j&lE,. r/ACK
I
Name 01 Slgner( s)
2)
Name 01 Signer( s)

OPTIONAL
Though the information in this section is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title or Type of Document:

Document Date:

Signer( s) Other Than Named Above:

Top of thumb here
Number of Pages:
@ 1999 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Prod. No. 5914 Top of thumb here
Reorder. Call Toll- Free 1- 800- 876- 6827
B. BID PROPOSAL

EXHIBIT A

BLACKBERRY FARM GOLF COURSE MAINTENANCE, RE-BID
PROJECT NO. 2005- 01
TO: THE DlRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA Dear Sir:

In compliance with the plans and specifications furnished for the work of the BLACKBERRY FARM GOLF COURSE MAINTENANCE, the City of Cupertino, PROJECT 2005- 01, the undersigned, hereby declare that I have read the proposal requirement, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to complete the work in accordance with the plans and specifications for the prices set f01ih in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes, and transportation costs.

I, the undersigned, also understand that the quantities shown below are estimated estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed unnecessary by the Engineer.

The City of Cupertino reserves the right to unilaterally determine and award the contract to the lowest responsible bidder except as otherwise provided in chapter 3. 23 of the City Municipal Code. Which allows for rejection of any and all bids, or to waive any irregularities in the procedures.

In the event of discrepancies between the written unit price and the numerical unit price, the written unit price shall govern.

I, the undersigned, shall diligently prosecute the work to completion as specified in the Special Provisions. I further understand that I shall pay liquidated damages to tq.e City of Cupertino in the sum specified in the Special Provisions.

This amount of liquidated damages shall be deducted by the City from monies due from the Contractor hereunder, or the Contractor' s assigned, successors, and sureties shall be liable to the City for any excess.

BID PROPOSAL PAGE 1 OF 8

ESTIMATED QUANTITIES
The bid unit prices for this project shall be as outlined below.

Bid
llim

1. 2.

Est. Qty.

Unit
12 Month
12 Each
Item
Unit
Price
Provide Maintenance at
Blackberry Farm Golf Course $ 1 5 , S 0 0 . 00 / MO.

Fift@@n thousand five hundred dollars and
Per Month
Soil Sample Collection and
Testing $ 60. 00
Sixty dollars and zero cents
Per Each
lEA.

TOTAL BID
BID PROPOSAL PAGE 2 OF 8
Total
186, 000. 00
zero cents.
720. 00
186, 720. 00
the undersigned, agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of constmction and to do all the work specified in the contract in the manner and time specified.

I, the undersigned, declare that this bid is made without connection with any person, finn, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud.

I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur.

Attached hereto is the required certified check or bid bond in the amount of $ 1 9 , 000 , as required by law and the Notice to Bidders. ( 10% of bid amount) BID PROPOSAL PAGE 3 OF 8

NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
I, the undersigned, being first duly sworn, depose and say that I am Vice President
Business Title)
of Professional Turf Management, Inc.

Business Name)
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. The bid is genuine and not collusive or sham. The 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. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the 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 public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or 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.

BID PROPOSAL PAGE 4 OF 8

BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perfonn this work as a part of this proposal.

We have been in business under the present name for 3 years.

Our experience in work comparable with that required by the proposal contract is 3 years operating under the following different name( s). spot Water Management, Inc. and
Professional Turf Manaqement, Inc.

My California Contractor' s License Number is 826508
The classification of my Contractor' s License is C- 27 The expiration date for my Contractor' s License is October 31, 2005 This Section for City use only)
The above information has been verified by
on
Contractors State License Board ( 800) 321- 2752 or ( 408) 277- 1244.

Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed.

BID PROPOSAL PAGE 5 OF 8

BIDDER HISTORY OF WORK
The following is an example of work similar in character to that required in the proposed contract which our organization or personnel in our organization has completed within the past three ( 3) years.

Year Location Type of Work
For Whom
Performed
Contact
Phone No. Amount
2002- 2005 Blackberry Farm GC-- Maintenance-- City of Cupertino Mikp- o' nnwn-- 40R- 777- 1141--$ 1RO: OOO
2002- 2005 Blackberry Farm GC-- GC ~ enovation-- City of Cupertino Mike O' Dowd-- 408- 777- 3143--$ 112, 000
2003- 2005 Emerald Hills GC-- GC Maintenance--~ edwood City Elks Lodge Gary Sowers-- 650- 369- 1991--$ 260, 000
2004 Emerald Hills GC-- Irrigation Installation Management--~ edwood City Elks Lodge-- Gary Sowers-- 650- 369- 1991--$ 200, 000 2004 Santa Clara GC-- GC ~ enovation-- City of Santa Clara Larry Wolfe-- 408- 615- 2261--$ 15, 000
BID PROPOSAL PAGE 6 OF 8

SUBCONTRACTOR' S FORM
The subcontractor( s), as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one- half of one percent ( 0. 5%) of the total bid are listed below. Only those listed below shall perform work on this proj ect and each of them has been provided with a full and complete set of plans and specifications for this project by the bidder.

1. Name -- NA--
Address & phone no.

Work to be Performed

2. Name -- NA--
Address & phone no.

Work to be performed

3. Name
Address & phone no.

Work to be performed

4. Name
Address & phone no.

Work to be performed

5. Name
Address & phone no.

Work to be performed

6. Name
Address & phone no.

Wark to be performed
Contractor' s License No.

Contractor' s License No.

BID PROPOSAL PAGE 7 OF 8
BIDDER. S SIGNATURE FORM
IF YOU ARE AN INDNIDUAL, SO STATE. IF YOU ARE A COMPANY OR A COPARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDNIDUAL CO- PARTNERS COMPOSING THE COMPANY. IF YOU ARE A

CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY- TREASURER, AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.

TYPE OF
BUSINESS Golf Course Management

NAME OF
BUSINESSProfessional Turf Management Inc.

CORPORATION: Professional Turf Manaqement, Inc.

CO- PARTNERSHIP :

INDNIDUAL:

JOINT VENTURE:

OTHER:

Describe)
Name and Signature of Bidder: A.ndy Slack
Print or type name)
I' ~/\
sJCJ7' Date:

Address ( mailing & location): Don Naumann, President
A.ndy Slack, SecretarY- Treasurer
Professional Turf Management, Inc.
1272 Lincoln A.venue, San Jose, CA. 95125
Telephone Number: 408- 998- 2717
E-Mail Address: aslack@spotwater. com
Acknowledgment of all addenda received is required by circling each addendum number.

G 2 3 4 5 6 7 8 9 10
BID PROPOSAL PAGE 8 OF 8

INSURANCE FORMS INSTRUCTIONS
FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED.

ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE

1. Insurance Agreement - Must be signed by Contractor.

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

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

4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only.

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

Insurance Instructions

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

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

C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, 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 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.

Worker' s Compensation
Employers' Liability
LIMITS
In accordance with the Worker' s Compensation
Act of the State of California - Worker' s
comp -
statutory" per CA Law; Employers' Liability1, 000, 000 per occurrence.

Insurance Agreement Page 1 of 2
General Liability - commercial general liability;
including provisions for contractual liability,
personal injury, independent contractors and
products - completed operations hazard.

Automobile Liability - comprehensive covering
owried, non- owned and hired automobiles.

Consultants only: Errors and Omissions liability.

Combined single limit of$ I. O million per
occurrence; $ 2. 0 million in the aggregate.

Combined single limit of $1. 0 million per
occurrence.

1. 0 million per occurrence.

Professional Turf Managpmpnr
Contractor' s Name) .

I~ y:H <YDated: t:,/'L'1 206
Insurance Agreement Page 2 of 2

CITY OF

CUPEIQ'INO

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: Professional Turf Manaqement
Address: 1272 Lincoln Avenue
San Jose, CA 95125
Description of operations/locations/ products insured ( show contract name and/or number, if any):

Provides golf course maintenance ( mowing, leaf blowing, ra~ ing) and an employee who is certified to do pesticide spraying.

WORKER' S COMPENSATION
State Compensation
Insurance Fund
Statutory Min.

Employer' s
Liability
name of insurer)

1. 000, 000
Insurance Company' s State License No.

1. 000, 000 1 , 000, noo
Check Policy Type:

COMPREHENSIVE GENERAL

LIABILITY
x] Premises/ Operations
Each Occurrence 1, 000, 000
General Aggregate
if applicable)
2, 000, 000
x] Owners & Contractors
Protective Aggregate $ 2, 000, 000
x] Contractual for Specific
Contract Personal Injury $ 1 , 000 , 000
x] Products Liability
X] XCU Hazards
x] Broad Form P.D. Fire Damage ( anyone fire) $ 100, 000 x] Severability of Interest
Clause
x] Personal Injury with Medical Expense $ 5, 000
Employee Exclusion Removed ( anyone person)
or Self-Insured
COMMERCIAL GENERAL LIABILITY Retention $ " i00
Scottsdale Insurance Company
name of insurer)
Policy No. CLS 112 20 13 Expiration Date 04/ 01/ 2006
Certificate of Insurance Agreement Page 1 of 2

AUTOMOTIVE/ VEHICLE LIABILITY
Commercial Form
Liability Coverage

BODILY INJURY
Each Person

PROPERTY DAMAGE
Each Accident
M/" A
Each Accident
N/ A
N/ A
name of insurer)
N/ A
or
Policy No.

N/ A
Combined Single Limit $ N / A
Expiration Date N / A
vi
agent' s initial)
A copy of all Endorsements to the policy(ies) which in any way 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 policy( ies) provide liability insurance as required by the Agreement between the City and the insured.

Dated: su 2015
ertificate of Insurance and Additional Insured Endorsement on company forms.

Certificate of Insurance Agreement Page 2 of 2
hACORQ CERTIFICATE OF LIABILITY INSURANCE I

DATE ( MM/ DDIYYYY)
5/ 9/ 2005 PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Volpatti Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 39350 Civic Center Drive, # 411 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

Fremont, CA 94538
510- 505- 0283 INSURERS AFFORDING COVERAGE NAIC#
INSURED Professional Turf INSURER A: Scottsdale Insurance Company Management, Inc. INSURER B:
1272 Lincoln Aveue INSURER C
San Jose, ca 95125 INSURER 0:

I
INSURER E:

COVERAGES
ANY

THE POLICIES

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

INSR IADD' L
TYPI= "F IN<:"RANrE POLICY NUMBER b<1Y~( M~ b5mYE P8.H~~~~)~~ J:,?N LIMITS

LTR NSRD

NERAL LIABILITY
EACH OCCURRENCE $ 1 000, 000
X COMMERCIAL GENERAL LIABILITY ~ REM:S~ S Ea occurence\ $ 100. 000 LI CLAIMS MADE ~ I
OCCUR
MED EXP ( Anyone person) $ 5, 000
04/ 01/ 05 04/ 01/ 06 000, 000
A - CLSl122013 PERSONAL & ADV INJURY $ 1
f--- GENERAL AGGREGATE $ 2. 000. 000
GEN' L
AGGRFlE
LIMIT APPLIES PER PRODUCTS - COMP/ OP AGG $ 2. 000, 000 n
PROPOLICY JECT II LOC

AUTOMOBILE LIABILITY

COMBINED SINGLE LIMIT
f--- (
f---
ANY AUTO Ea accident) $
I--

ALL OWNED AUTOS

BODILY INJURY
Per person) $ SCHEDULED AUTOS

HIRED AUTOS

BODILY INJURY
NON- OWNED AUTOS ( Per accident)
PROPERTY DAMAGE $
Per accident)

RAGE LIABILITY
AUTO ONLY - EA ACCIDENT $

ANY AUTO
OTHER THAN EAACC $
AUTO ONLY:

AGG $
JESS/

UMBRELLA LIABILITY
EACH OCCURRENCE $
OCCUR CI CLAIMS MADE AGGREGATE $
R
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I WCSTATU-;

EMPLOYERS' LIABILITY TORY LIMITS I IOTH- ER
ANY PROPRIETOR/ PARTNER/ EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYE $
Wd~L~~ 5vl~lgNS below
E.L. DISEASE - POLICY LIMIT $
OTHER

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Cupertino is named as addtional insured as their interest may appear.

Additional insured endorsement to follow. Other applicable endorsements are:
primary wording, waiver of subrogation. All endorsements to follow.

CERTIFICATE HOLDER CANCELLATION
City of Cupertino
10300 Torre Avnue
Cupertino, CA 95014

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAI~ DAYS WRITTEN

NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AjENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIV
@ ACORD CORPORATION 1988
ACORD 25 (2001/ 08)

CERTHOLDER COPY
STATE. P. O. BOX 420807, SAN FRANCISCO, CA 94142- 0807

COMPENSATION

INSURANCE
F=UN 0 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 05- 09- 2005 GROUP: 000713
POLICY NUMBER: 13701- 2004
CERTIFICATE ID: 1
CERTIFICATE EXPIRES: 04- 01- 2006
04- 01- 2005/ 04- 01- 2006

CITY OF CUPERTINO
10300 TORRE AVE
CUPERTINO CA 95014
This is to certify that we have issued a valid Worker' s Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.

This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer.

We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration.

This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.

J~ c. eL

AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER' S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $ 1, 000, 000 PER OCCURRENCE.

EMPLOYER

PROFESSIONAL TURF MANAGEMENT, INC
1272 LINCOLN AVE
SAN JOSE CA 95125
B19, NB]
SCIF 10262E Accept this certificate only if you see a faint watermark that reads " OFFICIAL STATE FUND DOCUMENT" PRINTED: 05- 09- 2005
PAGE 1 OF 1
I] 0 n ,:A 1. 1. '.: t L U III fJ a r 1:1
F'OLlCY NUMBER:

I,Q] 00;:/ 00:::

COMMERCIAL GENERAL LIABILITY
CG20100704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This Eindors~: ment modifies insurance provided under 1I10 following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of ~~~~~~
j~~~ f.~~f:;';person( s)._~..",,~~:"]:~~::~~~~.

Location( s) Of ~~,~,'~~:-~ perations _____..... 1
City of Cuportino
10300 Torre Avenue
Cupertino, CA 95014
Blackberry Golf Course
22100 Stevens Creek Blvd
Cupertino, CA
1_..._......-..,...,....,
f.ormation required lS>.~~r.!.~,.P.lg;,~5'Jhis Schedule, if not shown a~.<?. Y~,,~ jll..~~...
shown in. l~.~..Q.~g,'.~rations.

A. Section " - Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) st10wn in t118 Schedule, but only
with respect to liability for " bodily injury", " property damage" or " personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions: or

2. The acts or omissions of those acting on your
behalf:
in the performance of YOllr ongoing operations for
tile additional insured( s) at tbe location( s) designated above.

CG 20 10 07 04
B. With respect to the insurance afforded to these
additional insureds, the following additional exclusions apply:

This insurance does not apply to " boejily injury" or
property damage" occurring after:

1. All work, including rnateri<3Is, parts or equipment furnislled in connection with Suct1 work, on tilE) prOject ( other It)<)n service, maintenance
or repairs) to be performed by or on behalf of
the additional insured( s) at the location of the
covered operations has been completed: or

2. That portion of " your work" out of which the
injury or damage arises has been put to its intended use by MY person or organization other than another contr;: 1clor or subcontractor engaged in performing operations for a principal ClS a part of the same project.

It is further agreed that this
insurance shan be Primary,
but only in the event of the
Named Insured' s sole
negligence.
@ ISO Properties, Inc., 2004 Page 1 of 1 o
V ....) i V u:' .:::.. v v ;J I':::". '+; J r 1" 1 ,\ J I V I .::: L D :J ..) ..) 0 M~ n~ ll ~ ~ompany I4J 000/ 003 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following COMMERCIAL GENERAL L1A81L1TY COVERAGE PARr

SCHEDULE
Name of Person or Organization:

City of Cupertino
10300 Torre Avenue
Cupertino, CA 9501-4
If no entry appears above, information required to complete Ihis endorsement will be shown in the Declarations as applicable to tl)iS endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition ( Section IV _ COMMEH- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:

We wi:3ive any rigl) t of recovery we may have against
because
the person or organization shown in the Schedule above of payments we make for injury or dama[ w arising oul of your ongoing oper.1tions or " your work" done under a contract with that person or O" w;;
g~ HlizC:ltion and included in the " products- completed operations /)(.-l:wrd". This 1ivcr applies only to tile person or organiZ( ltion shown in the Schedule 3bove, CG 24041093 Copyrigl' lt, Insurance SerVices Office, Ine" 1992 Page 1 of 1 o

CITY OF
CUPEI\TINO

ADDITIONAL INSURED ENDORSEMENT
and

ENDORSEMENT OF PRIMARY INSURANCE
and

NOTICE OF POLICY

CANCELLATION ENDORSEMENT
Project Title and Number: Blackberry Farm r;r. Mr:linr.:::> naTlce proj #: 200S- 01 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 are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations.

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

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

POLICY INFORMATION

1. Insurance Company: scottsoale Insurance Company

2. Insurance Policy Number: CLSl122013

3. Effective Date of this Endorsement: May 620 05

4. Insured: PrOfessional Turf Managpmpnt
Additional Insured and Primary Insurance and Notice of Cancellation Endorsement Page I of 2 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, K e 11 y J. Vol n rt t. t. ; ( print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company.

Signature of Authorized Representati e:

Original signature required on all
Names of
A t/A
Vol patti Tnsurance Services
gen gency: Tl'tle'. O"\ Jne r
Address: 3' 210 State Street, Ste 110 Telephone: -.2lQ- 505- 9077 Fremont, CA 94538 Facsimile: 510- 505- 0284
Additional Insured and Primary Insurance and Notice of Cancellation Endorsement Page 2 of 2

CITY OF

CUPERJINO

COMPREHENSIVE GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

ENDORSEMENT OF AGGREGATE LIMITS OF

INSURANCE PER PROJECT
Project Title and Number: Rlrlr.kherry Farm GC Maintenance proj - II: 2005- 01 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.

The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as Blackberry Farms Gol f Course

POLICY INFORMATION

1. Insurance Company: Scottscale In~ l1rrJnr.e ""',.... mT'\::> nv

2. Insurance Policy Number: CLS1122013

3. Effective Date of this Endorsement: May 6 20115-

4. Insured: Professional Turf Manaqement

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, Kelly J. VOlpatti ( print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. ~
Signature of Authorized Representati
Original signature required on all
e:
r
O~
ments~
k~ ~ ~ ~
rr\9hedt\ Jh~District)
Names of
Agent/ Agency: Volpatti Insurance Service
Address: 39210 State St, Ste 110
Fremont, CA 94538
Title: Own e r
Telephone: ~- 505- 9077
Facsimile: 510- 505- 0284
Aggregate Limits Endorsement Page 1 of 1

CITY OF
CUPEI\TINO

WAIVER OF SUBROGATION ENDORSEMENT

WORKER' S COMPENSATION INSURANCE
ProjectTitleandNumber: BL:::, ckbp-rry F<' lrm C:;C- M<' lintp- n<' lncp ' Proj #- 7. 001:)- 01 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: State Compensation Insurance Fund

2. Insurance Policy Number: 713 - 13701- 2 004

3. Effective Date of this Endorsement: May 6
20 05

4. Insured: Professional ' T'llrf Managemp- nt
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, K ell y
J. Vol pat t i ( print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company.

Signature of Authorized Representati . e:

Original signature required on all
Names of
Agent/ Agency: VOlpatti Insurance Services Title: 01mer Address: 39210 State Street, Ste 110
Fremont, Ca 94538
Telephone: 510- 505- 9077
Facsimile: 510- 505- 0284
Subrogation Endorsement Page 1 of 1
Project No. 2010-01
DOCUMENT 00001

PUBLIC WORKS DEPARTMENT
10300 TORRE AVENUE
CUPERTINO, CALIFORNIA 95014

PROJECT MANUAL

FOR THE

BLACKBERRY FARM GOLF COURSE

MAINTENANCE
Bid Date:

Tuesday, February 16, 2010
Project Number: 2010-01
City of Cupertino
BBF Golf Course Maintenance 00001 - 1 Title Page
Attachment H

Project No. 2010-01
DOCUMENT 00003

PROJECT DIRECTORY
Project Name: BLACKBERRY FARM GOLF COURSE MAINTENANCE
Project Number: 2010-01
Location: 22100 Stevens Creek Boulevard
City Representative: Terry W. Greene, AIA
City Architect
City of Cupertino
Public Works Department
10300 Torre Avenue
Cupertino, CA 95014
PH: 408-777-3354
FX: 408-777-3333
e-mail: [email protected]
Address for Stop Notices/Lien Notices: City of Cupertino Carmen Lynaugh
Public Works Department
10300 Torre Avenue
Cupertino, CA 95014
PH: 408-777-3354
FX: 408-777-3333
e-mail: [email protected]
Golf Course Management: Don McCarthy
Recreation Supervisor
City of Cupertino
10185 N. Stelling Road
Cupertino, Ca 95014

City of Cupertino
BBF Golf Course Maintenance 00003 - 1 Project Directory Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance 00010 - 1 Table of Contents DOCUMENT 00010

TABLE OF CONTENTS

INTRODUCTORY DOCUMENTS
Document Title
00001 Title Page
00002 Signature Page
00003 Project Directory
00010 Table of Contents
00012 Caltrans / City Cross Reference Table

BIDDING DOCUMENTS
Document Title
00100 Advertisement for Bids
00200 Instructions to Bidders
00201 Bid Submittal and Site Map
00210 Indemnity and Release Agreement
00320 Geotechnical Data, Hazardous Materials Surveys and Existing Conditions 00400 Bid Form
00411 Bond Accompanying Bid
00430 Subcontractors List
00450 Statement of Qualifications
00460 Schedule of Major Equipment and Materials Suppliers 00481 Non-Collusion Affidavit
00482 Bidder Certifications

CONTRACTING DOCUMENTS
Document Title
00510 Notice of Award
00520 Contract
00530 Insurance Forms
00550 Notice to Proceed
00610 Construction Performance Bond

GENERAL CONDITIONS DOCUMENTS
Document Title
00700 General Conditions
00800 Special Conditions
00821 Insurance

Technical Provisions
DOCUMENT 00012

CALTRANS/CITY CROSS-REFERENCE TABLE
Project No. 2010-01
Whenever Standard Specifications Section 1 through 9 are referenced, the referenced sections are hereby deleted and the corresponding Document and Section in the following table shall be substituted.

Section # Title Document # Section # Title1 Definition and Terms 00700 Abbreviations and Definitions - - 2 Proposal Requirements and Conditions
2-1.01 Contents of Proposal 00200 Instruction to Bidders 2-1.02 Approximate Estimate 00200 Instruction to Bidders 2-1.03 Examination of Plans, Specifications, Contract and Site of Work
00200 &
00320
Instruction to Bidders & Geotechnical Data and Exiting Conditions 2-1.04 Blank
2-1.05 Proposal Forms 200 Instruction to Bidders
2-1.054 Required Listing of Proposed Subcontractors 00200 & 00800
Instruction to Bidders & Advertisement for Bids
2-1.056 State Employees and Design Engineers May Not Bid on Construction Contract
00200 Instruction to Bidders
2-1.06 Rejection of Proposals 00200 Instruction to Bidders 2-1.07 Proposal Guaranty 00200 Instruction to Bidders
2-1.08 Withdrawal of Proposals 00200 Instruction to Bidders 2-1.09 Public Opening of Proposals 00200 Instruction to Bidders Caltrans Standard Specification - 2006 City Contract Documents - 2007 pg p
2-1.095 Relief of Bidders Public Contract Code2-1.10 Disqualification of Bidders 00481 Non-Collusion Affidavit2-1.105 Previous Disqualification, Removal or Other Prevention of Bidding
00200 &
00450
Instruction to Bidders & Statement of Qualifications & Public Contract Code 2-1.108 Compliance with Orders of the National Labor Relations Board
00482 Bidder Certifications & Public Contract Code
2-1.11 Ineligibility to Contract 00481 Non-Collusion Affidavit & Public contract Code 2-1.12 Material Guaranty 00630 &
00700

4.9 Guaranty & General Conditions : Warranty and Inspection 3 Award and Execution of Contract3-1.01 Award of Contract 00200 Instruction to Bidders 3-1.02 Contract Bonds 00610 &
00620 &
00700

2.2 Constructions Performance Bond & Construction Labor and Material Payment Pond & General Conditions : Contractor's Bonds City of CupertinoBBF Golf Course Maintenance
00012-1
Cross-Reference to Caltrans
DOCUMENT 00012

CALTRANS/CITY CROSS-REFERENCE TABLE
Project No. 2010-01
Section # Title Document # Section # TitleCaltrans Standard Specification - 2006 City Contract Documents - 20073-1.025 Insurance Policies 00700 & 00821
Insurance & General Conditions : Contractor's Insurance 3-1.03 Execution of Contract 00510 Notice of Award
3-1.04 Failure to Execute Contract 00200 Instruction to Bidders 3-1.05 Return of Proposal Guaranties 00200 Instruction to Bidders 4 Scope of Work
4-1.01 Intent of Plans and Specifications 00700 1.2 & 1.3 General Conditions : Clarification of Contract & Contract Documents Complementary
4-1.02 Final Cleaning Up 00700 3.2 General Conditions : Cleaning4-1.03 Changes 00700 3.3 General Conditions : Change In Work4-1.03A Procedure and Protest 00700 3.3 General Conditions : Change In Work4-1.03B Increased or Decreased Quantity 00700 3.3 General Conditions : Change In Work4-1.03B(1) Increases of More Than 25 Percent 00700 3.3 General Conditions : Change In Work4-1.03B(2) Decrease of More Than 25 Percent 00700 3.3 General Conditions : Change In Work4-1.03B(3) Eliminated Items 00700 3.3 General Conditions : Change In Work4-1.03C Changes in Character of Work 00700 3.3 General Conditions : Change In Work4-1.03D Extra Work 00700 3.3 General Conditions : Change In Work4-1.04 Detours 00700 3.4 General Conditions : Detours4-1.05 Use of Materials Found on the Work 00700 6.21 General Conditions : Title to Materials Found on the Work5 Control of Work5-1.01 Authority of Engineer 00700 4.1 General Conditions : Authority of City5-1.02 Plans and Working Drawing 00700 1.2 & 4.2 General Conditions :Clarification of Contract & Submittals to be Furnished by Contractor
5-1.02A Trench Excavation Safety Plans 00700 3.9 General Conditions : Excavation Safety Plans 5-1.03 Conformity with Contract Documents and Allowable Deviations
00700 4.3 General Conditions : Conformity with Contract Documents and Allowable Deviations
5-1.04 Coordination and Interpretations of Plans, Standard Specifications, and Special Provisions
00700 1.1 General Conditions : Precedence of Contract
5-1.05 Order of Work 00700 4.4 General Conditions : Order of Work 5-1.06 Superintendence 00700 4.6 General Conditions : Superintendence 5-1.07 Lines and Grades 00700 4.8 General Conditions : Layout of Work and Surveys 5-1.08 Inspection 00700 5.1 & 5.5 General Conditions: : Source of Supply and Quality of Materials & Plant Inspection
City of CupertinoBBF Golf Course Maintenance
00012-2
Cross-Reference to Caltrans
DOCUMENT 00012

CALTRANS/CITY CROSS-REFERENCE TABLE
Project No. 2010-01
Section # Title Document # Section # TitleCaltrans Standard Specification - 2006 City Contract Documents - 20075-1.09 Removal of Rejected and Unauthorized Work 00700 4.10 & 5.4 General Conditions : Defective and Unauthorized Work & Defective Materials
5-1.10 Equipment and Plants 00700 4.11 General Conditions : Construction Equipment and Plant5-1.11 Alternative Equipment 00700 4.11 General Conditions : Construction Equipment and Plant5-1.115 Alternative Methods of Construction 00700 3.11 General Conditions : Substitutions 5-1.116 Differing Site Conditions 00700 1.2 & 3.6 General Conditions : Clarification of Contract & Changed Site Conditions
5-1.12 Character of Workers 00700 4.7 General Conditions : Character of Workers5-1.13 Final Inspection 00700 4.12 General Conditions : Substantial Completion, Final Completion and Final Acceptance
5-1.14 Cost Reduction Incentive 00700 3.7 General Conditions : Cost Reduction Incentive6 Control of Material6-1.01 Source of Supply and Quality of Materials 00700 5.1 General Conditions : Source of Supply and Quality of Materials
6-1.02 State-Furnished Materials 00700 5.2 General Conditions : City-Furnished Materials 6-1.03 Storage of Materials 00700 5.3 General Conditions : Storage of Materials 6-1.04 Defective Materials 00700 5.4 General Conditions : Defective Materials6-1.05 Trade Names and Alternatives 00700 3.11 General Conditions : Substitutions6-1.06 Plant Inspection 00700 5.5 General Conditions : Plant Inspection 6-1.07 Certificate of Compliance 00700 5.6 General Conditions : Certificates of Compliance 6-1.08 Foreign Materials 00700 5.1 General Conditions : Source of Supply and Quality of g pp y Q y Materials
6-1.09 State Specification Numbers NOT APPLICABLE
6-2.01 Local Materials - General 00700 5.1 General Conditions : Source of Supply and Quality of Materials
6-2.02 Possible Local Material Sources NOT APPLICABLE6-2.03 Mandatory Local Material Sources NOT APPLICABLE 6-3.01 Testing - General 00700 5.8 General Conditions : Testing 6-3.02 Testing by Contractor 00700 5.8 General Conditions : Testing7 Legal Relations and Responsibility7-1.01 Laws to be Observed 00700 6.1 General Conditions : Laws to be Observed7-1.01A Labor Code Requirements 00700 6.6 General Conditions : Apprentices 7-1.01A(1) Hours of Labor 00700 6.5 General Conditions : Hours of Labor 7-1.01A(2) Prevailing Wage 00700 6.4 General Conditions : Prevailing Wages 7-1.01A(2)(a) Travel and Subsistence Payment 00700 3.4 General Conditions : Change in Contract Price & Labor Code City of CupertinoBBF Golf Course Maintenance
00012-3
Cross-Reference to Caltrans
DOCUMENT 00012

CALTRANS/CITY CROSS-REFERENCE TABLE
Project No. 2010-01
Section # Title Document # Section # TitleCaltrans Standard Specification - 2006 City Contract Documents - 20077-1.01A(3) Payroll Records 00700 6.4 General Conditions : Prevailing Wages & Labor Code 7-1.01A(4) Labor Nondiscrimination 00700 6.2 General Conditions : Labor Discrimination & Labor Code 7-1.01A(5) Apprentices 00700 6.6 General Conditions : Apprentices 7-1.01A(6) Workers' Compensation 00700 &
00821

2.1 Insurance & General Conditions : Contractor's Insurance 7-1.01A(7) Suits to Recover Penalties and Forfeitures Labor Code 7-1.01B Fair Labor Standards Act Fair Labor Standard Act of 1938 7-1.01C Contractor's Licensing Laws Public Contract Code & Business and Professions Code 7-1.01D Vehicle Code Vehicle Code7-1.01E Trench Safety 00700 3.9 General Conditions : Evacuation Safety 7-1.01F Air Pollution Control Government Code7-1.01G Water Pollution 00700 3.14 General Conditions : Storm Water Pollution Control 7-1.01H Use of Pesticides 00700 3.12 General Conditions :Hazardous Material/Waste7-1.01I Sound Control Requirements 00700 6.26 General Conditions : Sound Control 7-1.01J Assignment of Antitrust Actions Public Contract Code & Government Code 7-1.02 Load Limitations Vehicle Code7-1.03 Payment of Taxes 00700 6.17 General Conditions : Payment of Taxes 7-1.04 Permits and Licenses 00700 6.7 General Conditions : Permits and Licenses7-1.05 Patents 00700 6.8 General Conditions : Patents and Copyrights 7-1.06 Safety and Health Provisions 00700 6.1 General Conditions : Laws to be Observed 7-1.07 Blank
7-1.08 Public Convenience 00700 6.9 General Conditions : Public Safety and Traffic Control 7-1.09 Public Safety 00700 6.9 General Conditions : Public Safety and Traffic Control7-1.10 Use of Explosives 00700 6.11 General Conditions : Explosives and Stream Pollution 7-1.11 Preservation of Property 00700 6.14 General Conditions : Preservation of Property 7-1.12 Indemnification and Insurance 00700 2.1 & 6.16 General Conditions : Contractor's Insurance & Indemnification
7-1.12A Indemnification 00700 6.16 General Conditions : Indemnification7-1.12B Insurance 00700 & 00821
2 Insurance & General Conditions : Contractor's Insurance 7-1.12B(1) General 00700 &
00821

2.1 Insurance & General Conditions : Contractor's Insurance 7-1.12B(2) Casualty Insurance 00700 &
00821

2.1 Insurance & General Conditions : Contractor's Insurance 7-1.12B(3) Workers' Compensation and Employer's Liability Insurance 00700 & 00821

2.1 Insurance & General Conditions : Contractor's Insurance City of CupertinoBBF Golf Course Maintenance
00012-4
Cross-Reference to Caltrans
DOCUMENT 00012

CALTRANS/CITY CROSS-REFERENCE TABLE
Project No. 2010-01
Section # Title Document # Section # TitleCaltrans Standard Specification - 2006 City Contract Documents - 20077-1.12B(4) Liability Insurance 00700 & 00821

2.1 Insurance & General Conditions : Contractor's Insurance 7-1.12B(4)(a) General 00700 &
00821

2.1 Insurance & General Conditions : Contractor's Insurance 7-1.12B(4)(b) Liability Limits/Additional Insureds 00821 Insurance 7-1.12B(4)© Contractor's Insurance Policy is Primary 00821 Insurance 7-1.12B(5) Automobile Liability Insurance 00821 Insurance 7-1.12B(6) Policy Forms, Endorsements, and Certificates 00821 Insurance 7-1.12B(7) Deductibles 00821 Insurance 7-1.12B(8) Enforcement 00821 Insurance
7-1.12B(9) Self-Insurance 00821 Insurance
7-1.125 Legal Actions Against the Department NOT APPLICABLE 7-1.13 Disposal of Material Outside the Highway Right of Way 00700 3.13 General Conditions : Inert Solids and Plant Material Recycling
7-1.14 Cooperation 00700 6.18 General Conditions : Cooperation with Others 7-1.15 Relief from Maintenance and Responsibility 00700 4.12 General Conditions : Substantial Completion, Final Completion and Final Acceptance
7-1.16 Contractor's Responsibility for the Work and Materials 00700 6.15 General Conditions : Contractor's Responsibility for Work7-1.165 Damage by Storm, Flood, Tsunami or Earthquake 00700 3.5 General Conditions : Change in Contract Time 7-1.17 Acceptance of Contract 00700 4.12 General Conditions : Substantial Completion, Final p p, Completion and Final Acceptance
7-1.18 Property Rights in Materials 00700 6.19 General Conditions : Property Right in Materials 7-1.19 Rights in Land and Improvements 00700 6.20 General Conditions : Rights in Land and Improvements7-1.20 Personal Liability 00700 6.29 & 6.30 General Conditions : Interest of Public Officers & Limit of Liability
7-1.21 Repair of Equipment NOT APPLICABLE
7-1.22 Material Plants 00700 6.4 General Conditions : Prevailing Wages 8 Prosecution and Progress
8-1.01 Subcontracting 00700 6.23 General Conditions : Subcontracting 8-1.02 Assignment 00700 7.1 General Conditions : Assignment8-1.03 Beginning of Work 00700 7.3 General Conditions : Commencement of Work8-1.04 Progress Schedule 00700 7.4 General Conditions : Work Progress Schedule 8-1.05 Temporary Suspension of Work 00700 7.5 General Conditions : Temporary Suspension of Work 8-1.06 Time of Completion 00520 &
00700

4.12 Contract & General Conditions : Substantial Completion, Final Completion and Final Acceptance
City of CupertinoBBF Golf Course Maintenance
00012-5
Cross-Reference to Caltrans
DOCUMENT 00012

CALTRANS/CITY CROSS-REFERENCE TABLE
Project No. 2010-01
Section # Title Document # Section # TitleCaltrans Standard Specification - 2006 City Contract Documents - 20078-1.07 Liquidated Damages 00520 & 00700

7.6 Contract & General Conditions : Liquidated Damages
8-1.08 Termination of Control 00700 7.7 General Conditions : Termination of Control8-1.09 Right of Way Delays 00700 7.16 General Conditions : Right of Way Delays 8-1.10 Utility and Non-Highway Facilities 00700 7.11 General Conditions : Coordination with Utilities 8-1.11 Termination of Contact 00700 7.8 & 7.9 General Conditions : Termination of Contract for Cause & Termination of Contract for Convenience
9 Measurement and Payment
9-1.01 Measurement and Quantities 00700 8.1 General Conditions : Measurement of Quantities9-1.015 Final Pay Items 00700 8.3 General Conditions : Progress Payment 9-1.02 Scope of Payment 00700 3.4 General Conditions : Change in Contract Price 9-1.03 Force Account Payment 00700 3.4 General Conditions : Change in Contract Price9-1.03A Work Performed by Contractor 00700 3.4 General Conditions : Change in Contract Price9-1.03A(1) Labor 00700 3.4 General Conditions : Change in Contract Price9-1.03A(1a) Actual Wage 00700 3.4 General Conditions : Change in Contract Price9-1.03A(1b) Labor Surcharge 00700 3.4 General Conditions : Change in Contract Price9-1.03A(1c) Subsistence and Travel Allowance 00700 3.4 General Conditions : Change in Contract Price9-1.03A(2) Materials 00700 3.4 General Conditions : Change in Contract Price9-1.03A(2a) 00700 3.4 General Conditions : Change in Contract Price9-1.03A(2b) 00700 3.4 General Conditions : Change in Contract Price9-1.03A() 2c 00700 3.4 General Conditions : Change in Contract Price 9-1.03A(2d) 00700 3.4 General Conditions : Change in Contract Price 9-1.03A(2e) 00700 3.4 General Conditions : Change in Contract Price9-1.03A(3) Equipment Rental 00700 3.4 General Conditions : Change in Contract Price9-1.03A(3a) Equipment on the Work 00700 3.4 General Conditions : Change in Contract Price9-1.03A(3b) Equipment not on the Work 00700 3.4 General Conditions : Change in Contract Price9-1.03A(3c) Owner-Operated Equipment 00700 3.4 General Conditions : Change in Contract Price9-1.03A(3d) Dump Truck Rental NOT APPLICABLE 9-1.03B Work Performed by Special Forces or Other Special Services 00700 3.4 General Conditions : Change in Contract Price9-1.03C Records 00700 3.4 General Conditions : Change in Contract Price 9-1.03D Payment 00700 3.4 General Conditions : Change in Contract Price9-1.04 Notice of Potential Claim 00700 9 General Conditions : Claims by Contractor 9-1.05 Stop Notices Civil Code
9-1.06 Partial Payments 00700 8.3 General Conditions : Progress Payment City of CupertinoBBF Golf Course Maintenance
00012-6
Cross-Reference to Caltrans
DOCUMENT 00012

CALTRANS/CITY CROSS-REFERENCE TABLE
Project No. 2010-01
Section # Title Document # Section # TitleCaltrans Standard Specification - 2006 City Contract Documents - 20079-1.065 Payment of Withheld Funds 00700 8.6 General Conditions : Substitution of Securities in Lieu of Retention
9-1.07 Payment after Acceptance 00700 8 General Conditions : Measurement and Payment9-1.07A Payment Prior to Proposed Final Estimate 00700 8 General Conditions : Measurement and Payment9-1.07B Final Payment and Claims 00700 8.4 General Conditions : Final Payment9-1.08 Adjustment of Overhead Costs NOT APPLICABLE 9-1.09 Clerical Errors NOT APPLICABLE9-1.10 Arbitration 00700 9.4 General Conditions : Mediation City of CupertinoBBF Golf Course Maintenance
00012-7
Cross-Reference to Caltrans

Project No. 2010-01
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

1. RECEIPT OF BIDS. Sealed Bids will be received by the City at City’s office (see paragraph 2 below) on the date listed 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 by 2.00 p.m. as determined by the clock on the wall of the office of the City Clerk. Bids will be publicly read at 2:00 p.m. in the City Community Hall at 10350 Torre Avenue (adjacent to City Hall). 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
10300 Torre Avenue
Cupertino, CA 95014
City’s Authorized Representative:

Carmen Lynaugh
Public Works Project Manager
Telephone:
(408) 777-3354
Emails:
[email protected]
Fax:
(408) 777-3333

3. BID SUBMISSION. Bidder should mark its Bid envelopes as BID FOR THE CITY, PROJECT NUMBER 2010-01, BLACKBERRY FARM GOLF COURSE MAINTENANCE 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. Bid security supplied and completed in accordance with paragraph 7 of this Document 00200. c. Document 00430 (Subcontractors List) in accordance with paragraph 8 of this Document 00200. d. Document 00460 (Schedule of Major Equipment and Material Suppliers). Bidder must complete this form as indicated. If required.
e. Document 00481 (Non-Collusion Affidavit).

City of Cupertino 00200 - 1 Instructions to Bidders
BBF Golf Course Maintenance
Project No. 2010-01

5. CONTENTS OF ENVELOPE “B” – BIDDER STATEMENT OF QUALIFICATIONS. Envelope “B” shall include:
a. Document 00450 (Statement of Qualifications for Construction Work) submitted in accordance with paragraph 9 of this Document 00200.
b. Document 00482 (Bidder Certifications). Bidder must complete this form as indicated. c. Financial Statement as required in Document 00450 (Statement of Qualifications for Construction Work)

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 for Construction Work), Document 00460 (Schedule of Major Equipment and Material Suppliers), 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 required by Bidding Documents. 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 BID SECURITY. Bidders must submit with their Bids either cash, a cashier’s check, or certified check from a responsible bank in the United States, or corporate surety bond furnished by a surety authorized to do business in the State of California, of not less than ten percent of amount of Bid, payable to City. All Bidders choosing to submit a surety bond must submit it on the required form, Document 00411 (Bond Accompanying Bid). City will reject as non-responsive any Bid submitted without the necessary Bid security.

City may retain Bid securities and Bid bonds of other than the Apparent Low Bidder for a period of 90 Days after award or full execution of the Contract, whichever first occurs. Upon full execution of the Contract, and upon request by Bidder, City will return to the respective unsuccessful Bidders their Bid securities and Bid bonds.

8. 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 according to detailed drawings contained in the plans and specifications, 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.

9. 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 for Construction Work) (“SOQ”), including without limitation qualification information for Subcontractors and schedulers, if any. Except as otherwise provided in paragraphs 20 and 21 of this Document 00200 or in Document 00450 (Statement of Qualification for Construction Work), City will make final determinations regarding Bidder responsibility based solely upon the SOQ submitted as part of Envelope “B” on Bid day. 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.

City of Cupertino
BBF Golf Course Maintenance 00200-2 Instructions to Bidders

10. PRE-BID CONFERENCE: City will conduct a Pre-Bid Conference at 2:00 p.m. on Thursday, January 28, 2010 at the site, 22110 Stevens Creek Boulevard, Cupertino, CA 95014.

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 Public Works Department to arrange for access to the fenced site.

Project No. 2010-01
Bidders are encouraged to submit written questions in connection with the Site Visit. City will transmit to all parties recorded, as having received Bidding Documents such Addenda, 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. Other Pre-Bid Meetings may be scheduled at City’s sole discretion, depending on staff availability.

11. 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.

As a condition to Bidding, Bidder must complete tasks listed in Document 00520 (Contract), Article 5.

Submission of Bid shall constitute Bidder’s express representation to the City that Bidder has fully completed these tasks.

12. 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. Document 00320 (Geotechnical Data and Existing Conditions) applies to all supplied existing conditions information and geotechnical reports and all other information supplied regarding existing conditions either above ground or below ground. Copies on a CD will be available for a fee.

13. ADDENDA. Bidders must direct all questions about the meaning or intent of Bidding Documents to City (Attention: City Architect) 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 a Bidding Documents CD. 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.

14. SUBSTITUTIONS. Bidders must base their Bids on products and systems specified in Contract Documents or Addenda.
a. Except as provided in paragraph 14.c below, City will consider substitution requests only for “or equal items.” Bidders wanting to use “or equal” item(s) may submit Document 00660 (Substitution Request Form) no later than 35 Calendar Days after the due date for City receiving Bids. To assess “or equal” acceptability of product or system, substitution requests shall contain the information required in Document 00660 (Substitution Request Form) and set forth in Document 00700 (General Conditions).

Insufficient information will be grounds for rejection of substitution. City shall, within a reasonable period of time after having received a request for substitution, issue in writing its decision as to whether the proposed substitute item is an “equal” item. City’s decision shall be conclusive on all Bidders. 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). d. As further limitation on Bidder’s privilege to substitute items, City has found that certain items are designed as City standards and certain items are designed to match existing items in use on a particular public improvement, either completed or in the course of completion. As to such items, City will not permit substitution. City will not permit substitutions for the following items: NONE IN THIS

PROJECT

15. 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.

City of Cupertino 00200 - 3 Instructions to Bidders
BBF Golf Course Maintenance
Project No. 2010-01

16. 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.

17. BID OPENING. City will open all Bidders’ Envelopes “A,” at the time and on the date specified in paragraph 1 above, initially evaluate them for responsiveness, and determine an Apparent Low Bidder as specified herein.

City will not open Envelopes “B” publicly, and except for the Apparent Low Bidder’s Envelope “B” (or as otherwise provided in this Document 00200), they will remain unopened.

18. DETERMINATION OF APPARENT LOW BIDDER (Envelope “A”). Apparent Low Bid will be based solely on the total amount of all Bid items (excluding alternates) based on assumptions contained in Document 00400 (Bid Form). All Bidders are required to submit Bids on all Bid items (including any alternates).

19. EVALUATION OF BIDDER RESPONSIBILITY (Envelope “B”). a. City will open Apparent Low Bidder’s Envelope “B” and check its contents for compliance with paragraph 5 above and this paragraph 20. City will notify Apparent Low Bidder in writing of any deficiencies found and will provide Bidder the opportunity to respond in writing with reasonable clarifications but will not allow any changes in the nature of Bidder as a business entity. b. If any Apparent Low Bidder is determined to be non-responsive or non-responsible, City may open the next Apparent Low Bidder’s Envelope “B” pursuant to any procedures determined in its reasonable discretion, and proceed for all purposes as if this Apparent Low Bidder were the original Apparent Low Bidder. City shall use reasonable efforts to make the responsive responsible Apparent Low Bidder’s Envelope “B” public on the fifth Day following opening of the Bidders’ Envelope “A”s, subject to paragraph 27 below.
c. Document 00450 sets forth certain minimum 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) Sufficient financial strength, stability and resources as measured by Bidder’s equity, debt-to-assets ratio, and capability to finance the Work to be performed. 2) Ability to secure, in accordance with the Contract Documents, the required forms of Construction Performance Bond and Construction Labor and Material Payment Bond. Ability to obtain required insurance with coverage values that meet minimum requirements. 3) Subcontracting Prior Experience. Satisfactory experience on public works, including without limitation no history of default termination, excessively delayed completion or excessive defective work.
4) 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 City of Cupertino
BBF Golf Course Maintenance 00200-4 Instructions to Bidders Project No. 2010-01
the number of years of experience on projects of similar nature and complexity as specified in Document 00450 (Statement of Qualifications).

Bidder shall expressly indicate which, if any, of the designated Subcontractor(s)’ functions it will perform itself.
5) The following are general requirements for the designated Subcontractor(s) to be found responsible to perform the Work. (Unless the designated Subcontractor(s) is found responsible, Bidder will be found non-responsible.) See specific requirements in Document 00450. i. Evidence that Bidder’s named Subcontractor has the human and physical resources of sufficient quantity and quality to perform those aspects of the Contract in a timely and Specification-compliant manner.
ii. Construction and management organizations with sufficient personnel and requisite disciplines, licenses, skills, experience, and equipment for the Project. iii. A field organization with skills, experience, and equipment sufficient to perform all on-Site work and necessary scheduling.
iv. Installation of a minimum number of projects over a period of several years for projects similar in nature and complexity to this Project.
v. The installation supervisor shall have worked in a similar capacity on a number of projects similar in nature and complexity to this Project.

20. 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 unqualified or of doubtful financial ability 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. 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. City shall also have the right to communicate directly with Bidder’s surety regarding Bidder’s bonds.
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.

21. AWARD. If the Contract is to be awarded, it will be awarded to the lowest responsible responsive Bidder.

Following completion of all required City procedures and receipt of all City approvals, City will issue Document 00510 (Notice of Award) to successful Bidder.

22. BID PROTEST. Any Bid protest must be submitted in writing to the City’s offices (Attention: City Architect), 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 City of Cupertino 00200 - 5 Instructions to Bidders
BBF Golf Course Maintenance
Project No. 2010-01
Bidder is responsive and responsible, City will open and evaluate information contained in any protesting Bidder’s Envelope “B”, and conduct the same investigation and evaluation as City is entitled to take regarding an Apparent Low Bidder. Any such opened Envelope “B” shall also be subject to all provisions of paragraph 27.
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.

23. 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) Document 00520 (Contract): To be executed by successful Bidder. Submit four originals, each bearing an original signature.
2) Document 00610 (Construction Performance Bond): To be executed by successful Bidder and surety, in the amount set forth in Document 00610 (Construction Performance Bond). Submit one original.
3) Document 00620 (Construction Labor and Material Payment Bond): To be executed by successful Bidder and surety, in the amount set forth in Document 00620 (Construction Labor and Material Payment Bond). Submit one original.
4) Insurance certificates and endorsements required by Document 00700 (General Conditions).

Submit one original set.
5) The Guaranty in the form set forth in Document 00630 (Guaranty). Submit four originals, each bearing an original signature.
b. City shall have the right to communicate directly with Apparent Low Bidder’s proposed performance bond surety, to confirm the performance bond. City may elect to extend the time to receive faithful performance and labor and material payment bonds.
c. Successful Bidder’s failure to submit the documents required herein, in a proper and timely manner, entitles City to rescind its award, and to cause Bidder’s Bid security to be forfeited as provided herein.

24. FAILURE TO EXECUTE AND DELIVER DOCUMENTS. If Bidder, to whom Contract is awarded shall, within the period described in paragraph 23a of this Document 00200, fail or neglect to execute and deliver all required Contract Documents and file all required bonds, insurance certificates, and other documents, City may, in its sole discretion, foreclose on Bidder’s deposit surety bond, or deposit Bidder’s cashier’s check or certified check for collection, and retain the proceeds thereof as liquidated damages for Bidder’s failure to enter into the Contract Documents. Bidder agrees that calculating the damages City may suffer as a result of Bidder’s failure to execute and deliver all required Contract Documents would be extremely difficult and impractical and that the amount of Bidder’s required Bid security shall be the agreed and presumed amount of City’s damages. In addition, upon such failure City may determine the next Apparent Low Bidder and proceed accordingly.

25. 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.

26. 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.

City of Cupertino
BBF Golf Course Maintenance 00200-6 Instructions to Bidders Project No. 2010-01
City of Cupertino 00200 - 7 Instructions to Bidders
BBF Golf Course Maintenance

27. PUBLIC RECORDS ACT REQUESTS.
a. Per the Public Records Act, City will make available to the public, Bidder’s SOQ (if Bidder’s Envelope “B” is opened), all correspondence and written questions submitted during the Bid period, all Bid submissions opened in accordance with the procedures of this Document 00200, and all subsequent Bid evaluation information. All submissions not opened will remain sealed and will eventually be returned to the submitter. Except as otherwise required by law, City will not disclose trade secrets or proprietary financial information submitted that has been designated confidential by Bidder (including but not limited to the SOQ). Any such trade secrets or proprietary financial information that a Bidder believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket-type identification by designating whole pages or sections shall not be permitted and shall be invalid. The specific information must be clearly identified as such.
b. Upon a request for records regarding this Bid, City will notify Bidder involved within ten Days from receipt of the request of a specific time when the records will be made available for inspection. If the Bidder timely identifies any “proprietary, trade secret, or confidential commercial or financial” information that Bidder determines is not subject to public disclosure, and requests City to refuse to comply with the records request, Bidder shall take all appropriate legal action and defend City’s refusal to produce the information in all forums; otherwise, City will make such information available to the extent required by applicable law, without restriction.
c. Information disclosed in the SOQ (if Envelope “B” is opened) and the attendant submissions are the property of City unless Bidder makes specific reference to data that is considered proprietary. Subject to the requirements in the Public Records Act, reasonable efforts will be made to prevent the disclosure of information except on a need-to-know basis during the evaluation process.

28. 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.

29. 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
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Bid Submittal & Site Map 00201-1

MCCLELLAN RD
FO

OTHILL BLVD

STEVENS CREEK BLVD
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ANN DR

ORANGE AVE

BYRNE AVE

SCENIC BLVD
PHA

R LAP DR
BUBB
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LN

HYANNISPORT DR

ALPINE DR

PALM AVE
WEST

VALLEY FWY

CUPERTINO RD
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AVE

ALCAZAR AVE

PRESIDIO DR

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AVE
STOKES
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NOEL
AVE

JANICE AVE PASADENA
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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
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BYRNE CT

CASS PL

IMPERIAL AVE

WOODBURY DR
SCENIC
CIR

RESULTS
WAY

CRESCENT RD
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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
Project No. 2010-01
DOCUMENT 00210

INDEMNITY AND RELEASE AGREEMENT
Dated
POTENTIAL BIDDER:

CITY: THE CITY OF CUPERTINO
SITE: 22100 Stevens Creek Blvd., Cupertino, CA
PROJECT: BLACKBERRY FARM GOLF COURSE MAINTENANCE
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 Document 00320 (Geotechnical Data and Existing Conditions).

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 (see Document 00520 Contract), 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)
00210-1 Indemnity and Release Agreement City of Cupertino BBF Golf Course Maintenance
n
Project No. 2010-01
DOCUMENT 00320

GEOTECHNICAL DATA, HAZARDOUS MATERIALS SURVEYS AND EXISTING CONDITIONS

1. SUMMARY
This Document 00320 sets forth the terms and conditions under which Bidder may review, study, use, or rely upon geotechnical data at or contiguous to the Site, and existing conditions information concerning existing conditions at or contiguous to the Site. This Document 00320, the available geotechnical, soil and asbestos data, and the supplied existing conditions information are not Contract Documents.

This Document 00320 sets forth the terms and conditions under which Bidder may review, study, use, or rely upon geotechnical data at or contiguous to the Site, and existing conditions information concerning existing conditions at or contiguous to the Site. This Document 00320, the available geotechnical, soil and asbestos data, and the supplied existing conditions information are not Contract Documents.

2. REPORTS AND INFORMATION N/A
A. City, its consultants, and prior contractors may have collected documents providing a general description of the Site and conditions of the Work. These documents may consist of geotechnical reports for and around the Site, contracts, contract specifications, as-built drawings, utility drawings, and information regarding Underground Facilities. These reports, documents and other information are not part of the Contract Documents. They are provided in Appendix “A” and are “For Information Only”.

A. City, its consultants, and prior contractors may have collected documents providing a general description of the Site and conditions of the Work. These documents may consist of geotechnical reports for and around the Site, contracts, contract specifications, as-built drawings, utility drawings, and information regarding Underground Facilities. These reports, documents and other information are not part of the Contract Documents. They are provided in Appendix “A” and are “For Information Only”.

Existing Condition surveys and reports consist of the following:

3. USE OF INFORMATION ON EXISTING CONDITIONS
A. Aboveground Existing Conditions. Under no circumstances shall City be deemed to make a warranty or representation of existing aboveground conditions, as-built conditions, or other aboveground actual conditions verifiable by reasonable independent investigation. These conditions are verifiable by Bidder by the performance of its own independent investigation that Bidder must perform prior to bidding and Bidder must not rely on the information supplied by City regarding existing conditions. Bidder represents and agrees that in submitting its Bid, it is not relying on any information regarding existing conditions supplied by City.

B. Underground Facilities. Information supplied regarding existing Underground Facilities at or contiguous to the Site is based on information furnished to City by others (e.g., the owners or builders of such Underground Facilities or others). Except as expressly set forth in this Document 00320, City does not assume responsibility for the accuracy, completeness or thoroughness of this information, and Bidder is solely responsible for any interpretation or conclusion drawn from this information. Except as expressly set forth in this Document 00320, City will be responsible only for the general accuracy of information regarding Underground Facilities, and only for those Underground Facilities that are owned by City. This express assumption of responsibility applies only if Bidder has conducted the independent investigation required of it and discrepancies were not apparent.

City of Cupertino Geotechnical Data and Existing Conditions BBF Golf Course Maintenance 00320 -1
Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance 00320 - 2 Geotechnical Data and Existing Conditions

4. LIMITED RELIANCE PERMITTED ON CERTAIN INFORMATION
A. Geotechnical Data. For informational purpose only. Except as expressly set forth in this Document 00320, City does not warrant, and makes no representation regarding, the accuracy or thoroughness of any geotechnical data. Bidder represents and agrees that in submitting its Bid, it is not relying on any geotechnical data supplied by City, except as specifically set forth herein.

B. Bidder may rely upon the general accuracy of the “technical data” contained in the geotechnical reports and drawings identified above, but only insofar as it relates to subsurface conditions, provided Bidder has conducted the independent investigation required of it and discrepancies were not apparent. The term “technical data” in the referenced reports and drawings shall be limited as follows:

1. The term “technical data” shall include actual reported depths, reported quantities, reported soil types, reported soil conditions, and reported material, equipment, or structures that were encountered during subsurface exploration.

2. The term “technical data” does not include, and Bidder may not rely upon, any other data, interpretations, opinions or information shown or indicated in such drawings or reports that otherwise relate to subsurface conditions or described structures.

3. The term “technical data” shall not include the location of Underground Facilities.

4. Bidder may not rely on the completeness of reports and drawings for the purposes of bidding or construction. Bidder may rely upon the general accuracy of the “technical data” contained in such reports or drawings.

5. Bidder is solely responsible for any interpretation or conclusion drawn from any “technical data” or any other data, interpretations, opinions, or information contained in supplied geotechnical data.

5. INVESTIGATIONS
A. Before submitting a Bid, each Bidder shall be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise, which 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 Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of Contract Documents. Bidders shall advise City in writing during the Bid period of any questions, suppositions, inferences or deductions Bidders may have for City’s review and response.

B. City has provided time in the period prior to bidding for Bidder to perform these investigations.

6. ACCESS TO SITE FOR INVESTIGATIONS
Subject to reasonable scheduling, City will provide each Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies, as each Bidder deems necessary for submission of a Bid.

Bidders must fill all holes and clean up and restore the Site to its former conditions upon completion of such explorations, investigations, tests, and studies. Such investigations may be performed only under the provisions of Document 00200 (Instructions to Bidders) and Document 00700 (General Conditions) including, but not limited to, proof of insurance and obligation to indemnify against claims arising from such investigation work.

Each Bidder shall supply all equipment required to perform any investigations as each Bidder deems necessary.

City has the right to limit the number of pieces of machinery operating at one time due to safety concerns.

END OF DOCUMENT
Project No. 2010-01
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: 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 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).

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.

ITEM DESCRIPTION

ESTIMATED

QUANTITY UNIT
UNIT

PRICE TOTAL

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

2. Soil Sample Collection and
Testing
12 Each $

TOTAL BID
PRICE
$
Total Bid: _____________________________________________________________________ (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
City of Cupertino Bid Form
BBF Golf Course Maintenance 00400 - 3
Project No. 2010-01
City of Cupertino Bid Form
BBF Golf Course Maintenance 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
Project No. 2010-01
DOCUMENT 00411

BOND ACCOMPANYING BID
KNOW ALL BY THESE PRESENTS:

That the undersigned ________________________ as Principal, and the undersigned as Surety, are held and firmly bound unto the CITY OF CUPERTINO, a Municipal Corporation of the State of California (“City”), as obligee, in the penal sum of _________________________________ Dollars ($____________) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal ________________________’s base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the said Principal is submitting a Bid for City Project Number 2010-01, BLACKBERRY FARM GOLF COURSE MAINTENANCE;
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under Document 00200 (Instructions to Bidders), then this obligation shall be void, otherwise to remain in full force and effect.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under Document 00200 (Instructions to Bidders), then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument this __________ day of ________________________, 2010.
(Corporate Seal)
By
Principal
Surety
(Corporate Seal)
By
Attorney in Fact

END OF DOCUMENT
City of Cupertino 00411 - 1 Bond Accompanying Bid
BBF Golf Course Maintenance
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.

Full Name of Subcontractor and Address
Description of Work:

Reference To Bid Items Subcontractor’s License No.
(Bidder to attach additional sheets if necessary)

END OF DOCUMENT
City of Cupertino 00430 - 1 Subcontractors List
BBF Golf Course Maintenance
Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance
00450 - 1 Statement of Qualifications
DOCUMENT 00450

STATEMENT OF QUALIFICATIONS
FOR

BLACKBERRY FARM GOLF COURSE MAINTENANCE
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 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. The Statement of Qualifications, Envelope “B”, of the apparent low bidder, will be opened by the City to check its contents for compliance with the requirements. City will notify Apparent Low Bidder of any deficiencies found and will provide Bidder the opportunity to respond in writing with reasonable clarifications but will not allow any changes in the nature of Bidder as a business entity.
• If the Apparent Low Bidder is determined to be non-responsive or non-responsible, City may open the next Apparent Low Bidder’s Statement of Qualification, Envelope B, pursuant to any procedures determined in its reasonable discretion, and proceed for all intents and purposes, as if the next Apparent Low Bidder were the original Apparent Low Bidder. City shall use reasonable efforts to make the responsive responsible Apparent Low Bidder’s Statement of Qualifications public by the fifth day following opening of the Bid Proposals.

Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance
00450 - 2 Statement of Qualifications

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).

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 requirements. 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 minimum 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 minimum qualification requirements have been met, will consider the qualifications of the Subcontractor’s supervisory personnel.

The Contract will require Bidder to construct 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, Bidder’s Statement of Qualifications all correspondence and written questions submitted with the Bid. All submissions not opened will remain sealed and eventually be returned to the submitter. Except as otherwise required by law, City will not disclose trade secrets or proprietary financial information submitted that has been designated confidential by Bidder (including but not limited to the Statement of Qualifications). Any such trade secrets or proprietary financial information that a Bidder believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket-type identification by designating whole pages or sections shall not be permitted and shall be invalid. The specific information must be clearly identified as such.

Upon a request for records regarding this Bid, City will notify Bidder involved within ten Days from receipt of the request of a specific time when the records will be made available for inspection. If the Bidder timely identifies any “proprietary, trade secret, or confidential commercial or financial” information that Bidder determines is not subject to public disclosure, and requests City to refuse to comply with the records request, Bidder shall take all appropriate legal action and defend City’s refusal to produce the information in all forums; otherwise, 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 unless Bidder makes specific reference to data that is considered proprietary. Subject to the requirements in the Public Records Act, reasonable efforts will be made to prevent the disclosure of information except on a need-to-know basis during the evaluation process.

Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance
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 or currently under contract for three projects, of similar nature and complexity maintaining golf courses, with a contract amount of at least $175,000 each? Yes__________ No________

3. Does Bidder possess a valid and current California Class “A” OR “C-27” 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 attached copies of its reviewed or audited financial statements and accompanying notes for the last three years? Yes__________ No_______

7. Has Bidder been “default terminated” by an owner (i.e. not for convenience), or has a Surety completed a contract for Bidder within the last five years? Yes__________ No________

8. 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________

9. 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________

10. 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, 4, or 6 is No.

Bidder will be immediately disqualified if any answer to questions 5, 7, 8, 9, or 10 is Yes.

Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance
00450 - 4 Statement of Qualifications
PART B
BIDDER’S SAFETY, PREVAILING WAGE, LICENSES, DISPUTES, BONDS 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. • 2007:________
• 2008:________
• 2009:________

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:_______________________________________________________________________________________ _________________________________________________________________________________________________ Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance
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_____
BONDS
Demonstrate Ability to Provide Required Performance and Payment Bonds. Bidder shall include a letter from a surety duly licensed to do business in the State of California, having a financial rating from A. M. Best Company of B+, Class 7 or better or that is otherwise acceptable to the City, that the surety has agreed to provide Bidder with the required performance and payment bonds in accordance with the requirements set forth in Documents 00610 (Construction Performance Bond) and 00620 (Construction Labor and Material Payment Bond). Such performance and payment bonds shall be in the minimum penal sums provided therein. Bidder shall include authorization that gives the City the right to verify with the surety that the surety, based upon the Bid prices, will issue the required bonds under the conditions stated.

Bonding Capacity - Provide documentation from Bidder’s surety identifying the following:

Name of bonding company/surety:

Name of Surety Agent:

Surety Agent address:

Surety Agent phone number:

Is surety a California-admitted surety? Yes _____ No _____ Is surety listed in the current edition of the California Department of the Treasury’s Listing of approved sureties? Yes _____ No _____
List surety’s A.M. Best Rating:

What is Bidder’s total bonding capacity?
What percentage rate does Bidder pay for bonds?
Surety Letter Attached YES_____ NO______
Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance
00450 - 6 Statement of Qualifications

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: ___________________________ Automotive Liability:

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $
A.M. Best Rating:

Coverage Amount Per Occurrence: ____________________________________________________________________ Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance
00450 - 7 Statement of Qualifications
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.

Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance
00450 - 8 Statement of Qualifications
PART C

DETAILED BIDDER EXPERIENCE
The unique nature of this Project requires prior experience maintaining golf courses by the firm and the Key Personnel assigned. Contractor should also employ a GCSAA Class “A” golf superintendent with three years experience in managing the daily operation of a golf course in a climate similar to Cupertino and with training equivalent to graduation from an accredited four year college or university with major course work in management, horticulture, or related field.

Contractor must have a Licensed California Pest Control Advisor on staff to review and recommend pesticide applications.

Contractor must provide evidence to the City of having received training on current IPM techniques annually in June.

Contractor should have a golf irrigation auditor on staff to monitor existing irrigation operations.

Summarize project experience of completed or current projects, below and provide the detailed project information requested:

Project No. 1, Golf Course Maintenance Contract, at or above $ 175,000 in construction cost.

Project name
Construction
Cost ($) Year completed or to be Completed
Location:

Owner name and phone no:

Engineer of Record name and phone no:

Owner’s Const. Mgr. or Project Mgr. (name and phone number):

Work Performed:

Total Construction Cost:

Project No. 2, Golf Course Maintenance Contract, at or above $ 175,000 in construction cost.

Project name
Construction
Cost ($) Year completed or to be Completed
Location:

Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance
00450 - 9 Statement of Qualifications
Owner name and phone no:

Engineer of Record name and phone no:

Owner’s Const. Mgr. or Project Mgr. (name and phone number):

Work Performed:

Total Construction Cost:

Project No. 3, Golf Course Maintenance Contract, at or above $ 175,000 in construction cost.

Project name
Construction
Cost ($) Year completed or to be Completed
Location:

Owner name and phone no:

Engineer of Record name and phone no:

Owner’s Const. Mgr. or Project Mgr. (name and phone number):

Work Performed:

Total Construction Cost:

BIDDER’S PROPOSED KEY PERSONNEL
Bidder shall provide a 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 registration__________________________________________________________________________ Two client reference names and phone nos:______________________________________________________________ Project Superintendent:

Years of Employment with Bidder’s Firm: ______________________________________________________________ Years of experience_________________________________________________________________________________ Education – degrees obtained, schools and years__________________________________________________________ Professional registration___________________________________________________________________________ Two client reference names and phone nos:______________________________________________________________ Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance
00450 - 10 Statement of Qualifications
PART D: BIDDER FINANCIAL INFORMATION
Include audited or reviewed financial statements for the three most recently completed fiscal years for Bidder and each member of any proposed consortium or joint venture. Also include audited or reviewed financial statements for the three most recently completed fiscal years for any parent company(ies) of Bidder.

Has Bidder ever reorganized under the protection of the bankruptcy laws? Yes____ No _____ If yes, please state when _____________ PART E

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
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 _____________________________________
Bidder: _____________________________

SIGNATURE

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 _________________)
_________________________________, 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.
_________________________________, 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 _________________, 2010
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 00481 - 1 Non-Collusion Affidavit
BBF Golf Course Maintenance
Contract No. 2010-01
DOCUMENT 00482

BIDDER CERTIFICATIONS

CITY OF CUPERTINO

BLACKBERRY FARM GOLF COURSE MAINTENANCE
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- 1 Bidder Certifications
BBF Golf Course Maintenance
Contract No. 2010-01
City of Cupertino 00482- 2 Bidder Certifications
BBF Golf Course Maintenance

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: ___________________, 2010 By:
(Signature)
Name:
(Print Name)
Its:
(Title)

END OF DOCUMENT
Project No. 2010-01
DOCUMENT 00510

NOTICE OF AWARD
Dated
TO:

ADDRESS:

CONTRACT NO.:

CONTRACT FOR:

BLACKBERRY FARM GOLF COURSE MAINTENANCE
The Contract Sum of your contract is _______________________________________________________________ ________________________________________________________________ Dollars ($__________________).

1. Three copies of each of the proposed Contract Documents (except Specifications and Drawings) accompany this Notice of Award.

2. You must comply with the following conditions precedent by 5:00 p.m. of the 10th Calendar Day following the date of this Notice of Award, that is, by __________ , _________. a. Deliver to City three fully executed counterparts of Document 00520 (Contract). Each of the Contract Documents must bear your signature on the cover page.
b. Deliver to City three original Document 00610 (Construction Performance Bond), executed by you and your surety.
c. Deliver to City three original set of the insurance certificates from Document 00530 (Insurance Forms) with endorsements required under Document 00700 (General Conditions). d. Deliver to City four original copies of Document 00630 (Guaranty), each executed by you.

3. Failure to comply with these conditions within the time specified will entitle City to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid security forfeited.

4. Within 21 Days after you comply with the conditions in paragraph 2 of this Document 00510, City will return to you one fully signed counterpart of Document 00520 (Contract) with the Contract Documents.

5. Upon commencement of the Work, you and each of your Subcontractors shall certify and make available for inspection payroll records on forms provided by the Division of Labor Standards Enforcement, in accordance with Section 1776 of the California Labor Code.

City of Cupertino
BBF Golf Course Maintenance 00510 - 1 Notice of Award
Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance 00510 - 2 Notice of Award
THE CITY OF CUPERTINO, a Municipal Corporation of the State of California (“City”)
BY:
__________________________________
ITS:
___________________________________
AWARDED _____________________, 20010
by City Council of the City of Cupertino.

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

CONTRACT
THIS CONTRACT, dated this day of , 2009 , by and between ________________________ [Name of Contractor] whose place of business is located at __________________________________________________________, ____________________ [Address of Contractor] (“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 of California.

WHEREAS, City, on the _____ day of _______________, 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 Terry Greene, City Architect, 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 previous 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 Project No. 2010-01
City of Cupertino 00520 - 2 Contract
BBF Golf Course Maintenance
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.

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 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 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 Project No. 2010-01
City of Cupertino 00520 - 3 Contract
BBF Golf Course Maintenance
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 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
Project No. 2010-01
City of Cupertino 00520 - 4 Contract
BBF Golf Course Maintenance
Document 00482 Bidder Certifications
Document 00505 Notice of Intent to Award
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions
Document 00800 Special Conditions
Document 00821 Insurance
Document 00822 Apprenticeship Program
Technical Specification/Special Provisions
Addenda(s)
Drawings/Plans

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/Northern.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 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 Project No. 2010-01
City of Cupertino 00520 - 5 Contract
BBF Golf Course Maintenance
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 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 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

3.6, Part 3, Chapter 5.

7.9 Contractor and all subcontractors shall comply with the Uniform Administrative Requirements for State and Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition, the Contractor agrees to comply with the cost principles and procedures set forth in Office of Management and Budget Circular A-87. The Contractor agrees that a reference to either Office of Management and Budget (OMB) Circular A-87of the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable, and the Code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts entered into as a result of this contract.

Project No. 2010-01
City of Cupertino 00520 - 6 Contract
BBF Golf Course Maintenance
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:

CITY OF CUPERTINO, a Municipal Corporation of the
State of California
[_Contractor’s name_]
By:
[Signature]
Attest:
[Please print name here]
City Clerk: Kimberly Smith

Approved as to form by City Attorney: Title:
______________________________________________
[If Corporation: Chairman , President, or Vice President] City Attorney: By:

I hereby certify, under penalty of perjury, that David W.

Knapp, City Manager of the City of Cupertino was duly
authorized to execute this document on behalf of the City of Cupertino.
[Signature]
[Please print name here]
Title:
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
Dated:
_____________________________
David W. Knapp, City Manager of the City of Cupertino, a Municipal Corporation of the State of California
________________________________________________
State Contractor’s License No. Classification
________________________________________________
Expiration Date

Designated Representative: Taxpayer ID No._________________________________ Name: Terry W. Greene, AIA Name:

Title: City Architect Title:

Address: 10300 Torre Ave., Cupertino, CA 95014 Address:

Phone: 408-777-3354 Phone:

Facsimile: 408-777-3333 Facsimile:

AMOUNT: $
ACCOUNT NUMBER:560-6640-7014
FILE NO.: 92,054.14
NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A

CORPORATION, CORPORATE SEAL AND CORPORATE

NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE
REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY
NO. IS REQUIRED

END OF DOCUMENT
Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance 00530 - 1 Insurance Forms
DOCUMENT 00530

INSURANCE FORMS

INSURANCE FORMS INSTRUCTIONS
FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED.

ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE

1. Insurance Agreement - Must be signed by Contractor.

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

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

4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only.

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

Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance 00530 - 2 Insurance Forms

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

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

C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, 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 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.

Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance 00530 - 3 Insurance Forms
LIMITS
Worker’s Compensation In accordance with the Worker’s Compensation & Employers’ Liability Act of the State of California – Worker’s comp “statutory” per CA Law; Employers’ Liability
$1,000,000 per occurrence.

General Liability - commercial general liability;
including provisions for contractual liability,
personal injury, independent contractors and
products – completed operations hazard.

Combined single limit of $1.0 million per
occurrence; $2.0 million in the aggregate
Automobile Liability - comprehensive covering
owned, non-owned and hired automobiles.

Combined single limit of $1.0 million per
occurrence.
_________________________________ By:________________________________ (Contractor’s Name)
Dated:_________________________20___
Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance 00530 - 4 Insurance Forms

Insured: _______________________________________
Address: _______________________________________
_______________________________________________
Description of operations/locations/products insured (show contract name and/or number, if any):
______________________________________________________________________________ ______________________________________________________________________________ ===================================================================== WORKER’S COMPENSATION * Statutory Min.
* Employer’s
___________________________ Liability
(name of insurer)
$ _____________ $ _____________ $ ___________
Insurance Company’s State License No. _____________________________________________ ===================================================================== Check Policy Type: Each Occurrence $_________________

COMPREHENSIVE GENERAL

LIABILITY
[ ] Premises/Operations General Aggregate $__________________ (if applicable)
[ ] Owners & Contractors
Protective Aggregate $__________________
[ ] Contractual for Specific
Contract Personal Injury
$__________________
[ ] Products Liability
[ ] XCU Hazards
[ ] Broad Form P.D. Fire Damage (any one fire) $__________________ [ ] Severability of Interest
Clause
[ ] Personal Injury with Medical Expense $__________________ Employee Exclusion Removed (any one person)
or Self-Insured
COMMERCIAL GENERAL LIABILITY Retention $__________________ ________________________________________________________ (name of insurer)
Policy No. ____________________ Expiration Date_________________ ===================================================================== Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance 00530 - 5 Insurance Forms

AUTOMOTIVE/VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident
Liability Coverage
$________________ $__________________
Each Accident
______________________________
(name of insurer)
$________________ or
Combined Single Limit $_________________
Policy No. __________________ Expiration Date ______________ ===================================================================== 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: ____________________ ===================================================================== ________________ 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.

IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured.

By:________________________________ Dated:________________________20____ Attach Certificate of Insurance and Additional Insured Endorsement on company forms.

Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance 00530 - 6 Insurance Forms

ADDITIONAL INSURED ENDORSEMENT
and

ENDORSEMENT OF PRIMARY INSURANCE
and

NOTICE OF POLICY

CANCELLATION ENDORSEMENT
Project Title and Number:______________________________________________________ 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 hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations.

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

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

POLICY INFORMATION

1. Insurance Company:__________________________________________________________

2. Insurance Policy Number:________________________________________________

3. Effective Date of this Endorsement:________________________________________20____

4. Insured:____________________________________________________________________ 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, ___________________________________________________________(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.

Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance 00530 - 7 Insurance Forms
Signature of Authorized Representative:____________________________________________ (Original signature required on all Endorsements furnished to the District) Names of
Agent/Agency:_________________________________ Title:_________________________ Address:______________________________________ Telephone: _____ _____ _________ _______________________________________ Facsimile: _____ _____ _________ Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance 00530 - 8 Insurance Forms

COMPREHENSIVE GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

ENDORSEMENT OF AGGREGATE LIMITS OF

INSURANCE PER PROJECT
Project Title and Number:______________________________________________________ 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.

The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as ___________________________________________________________________

POLICY INFORMATION

1. Insurance Company:__________________________________________________________

2. Insurance Policy Number:______________________________________________________

3. Effective Date of this Endorsement:________________________________________20____

4. Insured:____________________________________________________________________

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

Signature of Authorized Representative:____________________________________________ (Original signature required on all Endorsements furnished to the District) Names of
Agent/Agency:_________________________________ Title:_________________________ Address:______________________________________ Telephone: _____ _____ _________ _______________________________________ Facsimile: _____ _____ _________ Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance 00530 - 9 Insurance Forms

WAIVER OF SUBROGATION ENDORSEMENT
WORKER’S COMPENSATION INSURANCE
Project Title and Number:______________________________________________________ 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:

POLICY INFORMATION

1. Insurance Company:__________________________________________________________

2. Insurance Policy Number:______________________________________________________

3. Effective Date of this Endorsement:________________________________________20____

4. Insured:____________________________________________________________________ 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.

NOTICE TO PROCEED
Dated: ______________________, 2009
To: _______________________________
(Contractor)
Address: Address:

CONTRACT FOR:

PROJECT NUMBER 2010-01

BLACKBERRY FARM GOLF COURSE MAINTENANCE
You are notified that the Contract Time under the above Contract will commence to run on ___________ 20___.

On that date, you are to start performing your obligations with respect to Work at the Site under the Contract Documents. In accordance with Article 3 of Document 00520 (Contract).

Before you may start any Work at the Site, you must:

1. Submit certified Safety Program and related information, and comply with all requests of the City’s safety officer.

2. Submit copies of applicable permits

3. Submit approved fire protection plan, if applicable

4. Attend preconstruction conference. The preconstruction conference may be arranged through [_______].

CITY OF CUPERTINO, a Municipal Corporation of the State of California By : _________________________________________
Its: _________________________________________

END OF DOCUMENT
City of Cupertino 00550 - 1 Notice to Proceed
BBF Golf Course Maintenance
Project No. 2010-01
DOCUMENT 00610

CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (“Bond”) is dated _______________, is in the penal sum of _________________________________________________________________________________________________ ______________________________________________________ [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to ________________________________________ (“Contractor”), _________________________________________ (“Surety”), the City of Cupertino, a Municipal Corporation of the State of California (“City”) or other party shall be considered plural where applicable.

CONTRACTOR: SURETY:

Name Name

Address Principal Place of Business

City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT:

BLACKBERRY FARM GOLF COURSE MAINTENANCE
PROJECT NUMBER 2010-01
at Cupertino, California.

DATED , 20____ in the Amount of $ (the “Penal Sum”)

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:

Name and Title: Name and Title:

BOND TERMS AND CONDITIONS

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.

2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.

3. If there is no City Default, Surety’s obligation under this Bond shall arise after:

3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and

3.2 City has agreed to pay the Balance of the Contract Sum:

3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or City of Cupertino
BBF Golf Course Maintenance 00610 - 1
Construction Performance Bond
Project No. 2010-01

3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.

4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety’s expense elect to take one of the following actions:

4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2,

4.3 or 4.4, below); or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City’s consent; or

4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to City the amount of such excess; or

4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment’s calculation. If City accepts Surety’s tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety’s tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety’s liability under paragraph 6, below.

5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors.

6. Surety’s monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety’s obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety’s obligations shall include, but are not limited to:

6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work;

6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper backcharges, offsets, payments, indemnities, or other damages;

6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney’s fees incurred to enforce this Bond).

City of Cupertino
BBF Golf Course Maintenance 00610 - 2 Construction Performance Bond Project No. 2010-01
City of Cupertino
BBF Golf Course Maintenance 00610 - 3
Construction Performance Bond

7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns.

8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond.

9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise.

10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract).

Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.

11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein.

12. Definitions.

12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract.

12.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.

12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including, but not limited to, “default” or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions).

12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.

END OF DOCUMENT
Project No. 2010-01
City of Cupertino 00700-i General Conditions
BBF Golf Course Maintenance
DOCUMENT 00700

GENERAL CONDITIONS

TABLE OF CONTENTS

SECTION PAGE
SECTION 1. INTERPRETATION OF CONTRACT
Abbreviations and Definitions 700-1

1.1 Precedence of Contract 700-9

1.2 Clarification of Contract 700-9

1.3 Contract Documents Complementary 700-9

1.4 Contract Interpretation 700-9

1.5 State Specifications 700-10

1.6 Conflicts Involving State Specifications 700-10
SECTION 2. BONDS AND INSURACNE

2.1 Contractor’s Insurance 700-10

2.2 Contractor’s Bonds 700-10
SECTION 3. SCOPE OF WORK

3.1 Work to be Done 700-11

3.2 Cleaning 700-11

3.3 Change in Work 700-12

3.4 Change in Contract Price 700-18

3.5 Change in Contract Time 700-24

3.6 Changed Site Conditions 700-25

3.7 Cost Reduction Incentive 700-26

3.8 Dust Control 700-27

3.9 Excavation Safety Plans 700-27

3.10 Asbestos-Related Work 700-28

3.11 Substitutions 700-28

3.12 Hazardous Materials / Waste 700-30

3.13 Inert Solids and Plant Materials Recycling 700-31

3.14 Storm Water Pollution Control 700-32
SECTION 4. CONTROL OF WORK

4.1 Authority of City of Cupertino 700-38

4.2 Submittals 700-38

4.3 Conformity with Contract Documents and Allowable Deviations 700-46

4.4 Order of Work 700-46

4.5 Drawings and Data to be Furnished by City 700-46

4.6 Superintendence 700-46

4.7 Character of Workers 700-46

4.8 Layout of Work and Surveys 700-47

4.9 Warranty and Inspection 700-47

4.10 Defective and Unauthorized Work 700-49

4.11 Construction Equipment and Plant 700-49

4.12 Substantial Completion, Final Completion and Final Acceptance 700-49

4.13 Use Prior to Final Acceptance 700-51
Project No. 2010-01
City of Cupertino 00700-ii General Conditions
BBF Golf Course Maintenance
SECTION 5. CONTROL OF MATERIALS

5.1 Source of Supply and Quality of Materials 700-51

5.2 City-Furnished Materials 700-52

5.3 Storage of Materials 700-52

5.4 Defective Materials 700-52

5.5 Plant Inspection 700-52

5.6 Certificates of Compliance 700-53

5.7 State Specification Numbers 700-53

5.8 Testing 700-53
SECTION 6. LEGAL RELATIONS AND RESPONSIBILITY

6.1 Laws to be Observed 700-55

6.2 Labor Discrimination 700-55

6.3 Employment of Labor 700-55

6.4 Prevailing Wages 700-55

6.5 Hours of Labor and Work 700-56

6.6 Apprentices 700-56

6.7 Permits and Licenses 700-57

6.8 Patents and Copyrights 700-57

6.9 Public Safety and Traffic Control 700-57

6.10 Accident Prevention 700-58

6.11 Explosives and Stream Pollution 700-58

6.12 Fire Protection Plan 700-58

6.13 Interference with Fire Hydrants, Highways and Fences 700-59

6.14 Preservation of Property 700-59

6.15 Contractor’s Responsibility for Work 700-59

6.16 Indemnification 700-59

6.17 Payment of Taxes 700-60

6.18 Cooperation with Others 700-60

6.19 Property Rights in Materials 700-61

6.20 Rights in Land and Improvements 700-61

6.21 Title to Materials Found on the Work 700-61

6.22 Trespass 700-61

6.23 Subcontracting 700-61

6.24 Tunnel Construction Safety 700-62

6.25 Cultural Resources 700-62

6.26 Sound Control 700-62

6.27 Site Security 700-63

6.28 Public Facilities 700-63

6.29 Legal Actions Against the City 700-64

6.30 Limit of Liability 700-64
SECTION 7. PROSECUTION AND PROGRESS OF WORK

7.1 Assignment 700-64

7.2 Notice to Proceed 700-64

7.3 Commencement of Work 700-64

7.4 Work Progress Schedule 700-64

7.5 Temporary Suspension of Work 700-70

7.6 Liquidated Damages 700-70

7.7 Termination of Control 700-70

7.8 Termination of Contract for Cause 700-70

7.9 Termination of Contract for Convenience 700-71

7.10 Contractor’s Cost Data 700-72

7.11 Coordination with Utilities 700-73

7.12 Temporary Facilities 700-74

7.13 Project Record Documents 700-74
Project No. 2010-01
City of Cupertino 00700-iii General Conditions
BBF Golf Course Maintenance

7.14 Preconstruction Conference 700-78

7.15 Weekly Progress Meeting 700-78

7.16 Right of Way Delays 700-79
SECTION 8. MEASUREMENT AND PAYMENT

8.1 Measurement of Quantities 700-80

8.2 Deductions from Payments 700-80

8.3 Progress Payment 700-80

8.4 Final Payment 700-81

8.5 Scope of Payment 700-81

8.6 Substitution of Securities in Lieu of Retention 700-81

8.7 Effect of Payment 700-82
SECTION 9. CLAIMS BY CONTRACTOR

9.1 General 700-82

9.2 Procedures 700-83

9.3 Claim Format 700-84

9.4 Mediation 700-84

9.5 Exclusive Remedy 700-84

END OF TABLE OF CONTENTS
Project No. 2010-01
City of Cupertino 00700-1 General Conditions
BBF Golf Course Maintenance

ABBREVIATIONS AND DEFINITIONS
Whenever in these Specifications and other Contract Documents the following abbreviations and terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

ABBREVIATIONS--General
AA Aluminum Association
AAN American Association of Nurserymen
AAP Affirmative Action Program
AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute
AISI American Iron and Steel Institute
AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute
APA American Plywood Association
APHA American Public Health Association
API American Petroleum Institute
AREA American Railway Engineering Association
ASCE American Society of Civil Engineers
ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASME American Society of Mechanical Engineers
ASTM American Society of Testing and Materials
AWG American Wire Gage
AWPA American Wood-Preservers’ Association
AWS American Welding Society
AWWA American Water Works Association
BAAQMD Bay Area Air Quality Management District
CAEPA California Environmental Protection Agency
Cal/OSHA California Occupational Safety and Health Administration Caltrans State of California, Department of Transportation CBC California Building Code
CCD Construction Change Directive
CCR California Code of Regulations
CEC California Electric Code
CFR Code of Federal Regulations
CIH Certified Industrial Hygienist
CLMFI Chain Link Fence Manufacturers Institute
CO Change Order
CPM Critical Path Method
CPUC California Public Utilities Commission
CRSI Concrete Reinforcing Steel Institute
CS Commercial Standards, U.S. Department of Commerce
DHS California Department of Health Services
DSA Division of State Architect (formerly known as the Office of the State Architect) EIA Electronic Industries Association
EPA Environmental Protection Agency
FS Federal Specifications
HSC California Health and Safety Code
I.D. Identification
IEEE Institute of Electrical and Electronics Engineers
IES Illuminating Engineering Society
JATC Joint Apprenticeship Training Committee
JV Joint Venture
LBE Local Business Enterprise
M.I. Middle Initial
Project No. 2010-01
City of Cupertino 00700-2 General Conditions
BBF Golf Course Maintenance
M/WBE Minority and/or Woman-Owned Business Enterprise
MBE Minority Business Enterprise
MIA Masonry Institute of America
MSDS Material Safety Data Sheet
NBS National Bureau of Standards
NEC National Electric Code
NEMA National Electrical Manufacturers Association
NESC National Electrical Safety Code
NIOSH National Institute for Occupational Safety and Health NIST National Institute of Science and Technology (formerly the National Bureau of Standards) NFPA National Fire Protection Association
NSF National Sanitation Foundation
OSHA Occupational Safety and Health Administration
OSHPD Office of Statewide Health Planning and Department PCA Portland Cement Association
PCI Prestressed Concrete Institute
PG&E Pacific Gas and Electric Company
PM Preventive Maintenance
PR Proposal Request
PS Product Standard, U. S. Department of Commerce
RFI Request for Information
RFIR Request for Information Reply
RFP Request for Proposals
RFS Request for Substitution
RWQCB California Regional Water Quality Control Council SAE Society of Automotive Engineers
SFM State of California, Office of State Fire Marshal
SJI Steel Joint Institute
SSPC Steel Structures Painting Council
SWRCB California State Water Resources Control Council
TIE Time Impact Evaluation
UBC Uniform Building Code
UFC Uniform Fire Code
UL Underwriters Laboratories
UMC Uniform Mechanical Code
UPC Uniform Plumbing Code
USA Underground Service Alert
USC United States Code
WCLIB West Coast Lumber Inspection Bureau
USEPA United States Environmental Protection Agency
WCLB West Coast Lumber Inspection Bureau
WWPA Western Wood Products Association
ABBREVIATIONS—in Specifications
AWG American Wire Gauge
Accord Accordance
Co. Company
Corp. Corporation
cm. centimeter (centimeters)
cu. Cubic
Div. Division
dia. Diameter
EA each
ft. foot (feet)
g./gr. gram (grams)
gal. gallon (gallons)
gpd gallons per day
gpm gallons per minute
Project No. 2010-01
City of Cupertino 00700-3 General Conditions
BBF Golf Course Maintenance
hr. hour
kg. kilogram (kilograms)
in. inch (inches)
Inc. Incorporated
km. kilometer (kilometers)
Kw Kilowatt
LS lump sum
l. liter (liters)
lbs. pounds
M/m meter (meters)
Mfg. manufacturing
Mg. milligram (milligrams)
ml./mls. milliliter (milliliters)
mm. millimeter (millimeters)
m2
square meter
m3 cubic meter
No. number
o.c. on centers
O.D. outside diameter
Psi pounds per square inch
Psf pounds per square foot
sq. square
T & G tongue and groove
tonne metric ton (1000 kg.)
U.S. United States
yd. yard (yards)
SYMBOLS in Specifications
[for consideration]
: “shall be” or “shall” - where used within sentences or paragraphs #1 Number
1# Pound
& And
% Percent
C Centigrade
F Fahrenheit
° Degree
/ per, except where used to combine words; example: power/fuel, and in that case it means and “ inch (inches)
‘ foot (feet)
@ At
SYMBOLS in Drawings
As indicated therein.

DEFINITIONS
Acceptance: The formal written acceptance by City of a contract which has been completed in all respects in accordance with the Drawings and Specifications and any modifications thereof previously approved.

Addendum or Letter of Clarification: A change in the Specifications or Drawings issued prior to the opening of Bids.

Agency: City.

Alternate: Work added to or deducted from the Base Bid, if accepted by City.

Project No. 2010-01
City of Cupertino 00700-4 General Conditions
BBF Golf Course Maintenance
Application for Payment: Written application for monthly or periodic progress or final payment made by Contractor complying with the Contract Documents.

Approved, Directed, Ordered, or Required: Whenever these words or their derivatives are used, it is the intent, unless otherwise clearly stated, that approval or direction by City is indicated.

Approved Equal: Approved in writing by City as being of equivalent quality, utility and appearance.

Asbestos: Any material that contains more than one percent asbestosis and is friable or is releasing asbestos fibers into the air above current action levels established by OSHA or Cal/OSHA.

Attorney or Attorney General: The attorney selected by City.

Bid: The offer or proposal of the Bidder submitted on the proscribed forms setting forth the prices for the Work to be performed.

Bidder: Any individual, firm, partnership, corporation or combination thereof, submitting a proposal for the Work contemplated, acting directly or through a duly authorized representative.

Bidding Documents: All documents comprising the Project Manual (including all documents and specification sections listed on Document 00010 [Table of Contents]), including documents supplied for bidding purposes only and Contract Documents.

Board or Council: City’s governing body, its City Council.

Business Day: Any Day other than Saturday, Sunday, and the following days that have been designated as holidays by City. If a holiday falls on a Saturday, the preceding Friday will be the holiday. If a holiday falls on a Sunday, the following Monday will be the holiday.
a. New Year’s Day, January 1;
b. Martin Luther King Jr.’s Birthday, third Monday in January; c. Lincoln’s Birthday, February 12;
d. Presidents’ Day, third Monday in February;
e. Memorial Day, last Monday in May;
f. Independence Day, July 4;
g. Labor Day, first Monday in September;
h. Veterans’ Day, November 11;
i. Thanksgiving Day, as designated by the President;
j. The Day following Thanksgiving Day;
k. Christmas Day, December 25; and
l. Each day appointed by the Governor of California and formally recognized by the Santa Clara County Board of Supervisors as a day of mourning, thanksgiving, or special observance.

By City: Work that will be performed by City or its agents at the City’s expense.

By Others: Work that is outside scope of Work to be performed by Contractor under this Contract, which will be performed by City, other contractors, or other means.

Calendar Day: Any Day of the year, without exception.

Change Order: A written instrument prepared by City and signed by City and Contractor, stating their agreement upon all of the following:
a. a change in the Work;
b. the amount of the adjustment in the Contract Sum, if any; and c. the amount of the adjustment in the Contract Time, if any.

Certified Hazardous Materials Testing Laboratory: A laboratory certified by the California Department of Health Services to perform specific chemical and physical analysis for hazardous materials.

Certified Industrial Hygienist: A professional who is certified by the American Council of Industrial Hygienists as trained to evaluate safety and health hazards and determine safety measures necessary for personnel working under hazardous conditions.

Chief Engineer: The Program Manager selected by City.

Project No. 2010-01
City of Cupertino 00700-5 General Conditions
BBF Golf Course Maintenance
City: City of Cupertino, , a Municipal Corporation of the State of California.

City-Furnished, Contractor-Installed: Items furnished by City at its cost for installation by Contractor at its cost under Contract Documents.

City’s Representative(s): See Document 00520 (Contract).

Claim: As defined in Section 9 of this Document 00700.

Code: Codes of the State of California, including but not limited to, Government Code, Labor Code, etc.

Concealed: Work not exposed to view in the finished Work, including within or behind various construction elements.

Contract: (Document 00520): Contract is the basic agreement document that binds the parties to construction Work.

Contract defines relationships and obligations between City and Contractor and by reference incorporates Standard Provisions, Special Provisions, Drawings and Specifications and contains Addenda and all Modifications subsequent to execution of Contract Documents.

Construction Change Directive (CCD): A letter, signed by the City’s Director of Public Works, or his designated representative, directing the Contractor to proceed with additive or deductive changes to the contract when that Work or its value is contested by the Contractor. The Work, as directed by a Construction Change Directive, will be completed under the terms of Force Account as explained in Document 00700, General Conditions.

Construction Equipment: Equipment used for the performance of Work but not incorporated into the project.

Construction Manager: See Document 00520 (Contract) (if this term is used).

Consulting Engineer: See Document 00520 (Contract) (if this term is used).

Contract or Contract Documents: The written agreement between Contractor and City consisting of the Contract Documents as defined in the Document 00520 (Contract).

Contract Modification: Either:
a. a written amendment to Contract signed by Contractor and City; or b. a Change Order.

Contract Prices: The prices for the Work set forth in the Contract. Contract Price (or Contract Sum) shall mean the aggregate price for all Work set forth in the Contract.

Contract Sum: The sum stated in the Contract and, including authorized adjustments, the total amount payable by City to Contractor for performance of the Work and the Contract Documents. The Contract Sum is also sometimes referred to as the Contract Price or the Contract Amount.

Contract Time: The number of days for Substantial Completion and/or Final Completion the Work including any milestones specifically identified in the Contract.

Contractor: The entity or person entering a contract with City.

Contractor’s Employees: Persons engaged in execution of Work under Contract as direct employees of Contractor, as Subcontractors, or as employees of Subcontractors.

Controlling Item of Work: Any feature or combination of features of the Work, which if delayed, will delay the time of completion of a contract. Also known as critical work or critical path work.

County: The County of Santa Clara, State of California.

Day: One calendar day of 24 hours measured from midnight to the next midnight, unless the word “day” is specifically modified to the contrary.

Defective: An adjective which, when modifying the word “Work,” refers to Work that is unsatisfactory or unsuited for the use intended, faulty, or deficient, that does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents (including but not limited to approval of samples and “or equal” items), or has been damaged prior to final payment (unless responsibility for the protection thereof has been assumed by City). City is the judge of whether Work is defective.

Department: City.

Director or Director of the Department of Transportation: City’s City Public Works Director.

District: City.

Division: City.

Project No. 2010-01
City of Cupertino 00700-6 General Conditions
BBF Golf Course Maintenance
Drawings: The official drawings, Working drawings, detail drawings, and supplemental drawings, or reproductions thereof, which show the location, character, dimensions, and details of the Work to be done, and which are to be considered as part of the Contract.

Engineer or Engineer of the Department of Transportation: City of Cupertino and any designated person or entity by City
Equal: Equal in opinion of City. Burden of proof of equality is responsibility of Contractor.

Equipment: Equipment incorporated or to be incorporated into the project.

Exposed: Work exposed to view in the finished Work, including behind louvers, grilles, registers and various other construction elements.

Field Authorization (FA): An authorization issued by City to Contractor to allow additive or deductive work to proceed when Change Order process time may delay the Work.

Final Acceptance: City’s acceptance of the Work as satisfactorily completed in accordance with Contract Documents.

Final Completion: Shall be achieved when the entire work is complete, except for minor punch list items, as determined by City.

Fixed Costs: Any necessary labor, material, and equipment costs directly expended on the item or items under consideration which remain constant regardless of the quantity of Work done.

Force Account: Work directed to be performed without prior agreement as to lump sum or unit price cost thereof, and which is to be billed at cost for labor, materials, equipment, taxes, and other costs, plus a specified percentage for overhead and profit.

Furnish: Supply only, do not install.

Hazardous Material: (A) Any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to any federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability (including, but not limited to response, removal, and remediation costs) or standards of conduct or performance concerning any hazardous, toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or as otherwise dangerous waste, substance or material; (B) any substance, product, waste, or other material of any nature whatsoever whose presence in and of itself may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance, strict or absolute liability or under any reported decisions of a state or federal court; (C) any substance without limitation, which contains petroleum or crude oil, including but not limited to, petroleum and petroleum products.

Hazardous Waste: Any substance or material, as defined in the California Hazardous Waste Control Act, Health and Safety Code Section 25, or the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.

Indicated: Shown or noted on the Drawings.

Install: Install or apply only, do not furnish.

Laboratory: The independent testing organization or organizations selected by City.

Latent: Not apparent by reasonable inspection, including but not limited to, the inspections and research required as a condition to bidding under the General Provisions.

Law: Unless otherwise limited, all applicable laws including without limitation all federal, state, and local laws, statutes, standards, rules, regulations, ordinances, and judicial and administrative decisions Liquidated Damages: The amount stated in Document 00520 (Contract), to be paid to City or to be deducted from any payments due or to become due Contractor as provided in the Contract Documents.

Material: This word shall be construed to embrace machinery, manufactured articles, materials of construction (fabricated or otherwise), and any other classes of material to be furnished in connection with Contract, except where a more limited meaning is indicated by context.

Milestone: A principal event specified in Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all Work.

Modification: Same as Contract Modification.

Not in Contract: Work that is outside the scope of Work to be performed by Contractor under Contract Documents – shown as NIC.

Notice of Completion: Shall have the meaning provided in California Civil Code Section 3093, and any successor statute.

Project No. 2010-01
City of Cupertino 00700-7 General Conditions
BBF Golf Course Maintenance
Off Site: Outside geographical location of the Project.

Northern Region: City.

Office of Materials and Foundations: Laboratory.

Office of Structure Design: When specifications require working drawings to be submitted to the Office of Structure Design, the drawings shall be submitted to the Resident Engineer.

Owner: City.

Partial Utilization: Use by City of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all of the Work.

PCBs: Polyclorinated byphenyls.

Personnel Protection: Equipment and procedures which minimize human exposure to regulated materials, hazardous materials, hazardous wastes, or unsafe situations.

Phase: A specified portion of the Work (if any) specifically identified as a Phase in Document 00520 (Contract).

Plans, Construction Plans: The Drawings.

Product Data: That information (including brochures, catalogue cuts, MSDS, etc.) supplied by the vendor describing the technical and commercial characteristics of the supplier equipment or materials, and accompanying commercial terms such as warranties, instructions and manuals.

Progress Report: A periodic report submitted by Contractor to City with progress payment invoices accompanying actual work accomplished to the Progress Schedule. See Document 00700 (General Conditions).

Project: The erection, construction, alteration, repair, or improvement to be accomplished under the Contract and performing the Work.

Project Float: 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.

Project Manual: Project Manual consists of Bidding Requirements, Contract, Bonds, Certificates, Standard Provisions and Special Provisions, and Specifications.

Project Record Documents: All Project deliverables required under Section 00700, including without limitation, as-built drawings, operations and maintenance manuals Installation, Operation, and Maintenance Manuals, and Machine Inventory Sheets.

Provide: Furnish and install.

Reasonable Accuracy: Within the tolerances as shown on the Drawings or indicated in the Specifications.

Regulated Material: Any substance or combination of substances for which federal, state, or local regulations require special management, storage, disposal or handling practices. This shall include, but not be limited to, materials defined as: Hazardous Materials and Waste; Designated Wastes (CCR, Title 23, Section 23-2522); and Special Waste (CCR, Title 22, Section 22-66195).

Request for Information (“RFI”): A document prepared by Contractor requesting information regarding the Project or Contract Documents. The RFI system is also a means for City to submit Contract Document clarifications or supplements to Contractor.

Request for Proposals (“RFP”): A document issued by City to Contractor whereby City may initiate changes in the Work or Contract Time as provided in Contract Documents.

Request for Substitution (“RFS”): A document prepared by Contractor requesting substitution of materials as permitted and to the extent permitted in Contract Documents.

RFI-Reply: A document consisting of supplementary details, instructions, or information issued by City that clarifies or supplements Contract Documents, and with which Contractor shall comply. RFI-Replies do not constitute changes in Contract Sum or Contract Time except as otherwise agreed in writing by City. RFI-Replies will be issued through the RFI administrative system.

Project No. 2010-01
City of Cupertino 00700-8 General Conditions
BBF Golf Course Maintenance
Remediation: Restoration of the contaminated soil, groundwater, or other materials to its pre-contaminated level or to a level acceptable to City and local, state and federal agencies.

Resident Engineer: Authorized representative for the City. Also identified as Engineer.

Responsible Bidder: A bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the Work.

Samples: Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

Section: A numbered portion of a title section of the Specifications.

Shop Drawings: All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

Shown: As indicated on Drawings.

Site: The particular geographical location of Work performed pursuant to Contract Documents.

Specifications: The directions, provisions and requirements contained in the Contract Documents, including but not limited to, the State Specifications, Special Provisions, and Technical Provisions.

Standard Plans: The Standard Plans, Metric, of the State of California Department of Transportation, July 2004.

State: City.

State Furnished Materials: Materials furnished by City.

State of California: City except where in the context of the Contract Documents it is clear the reference is to the State of California.

State Specifications (or Standard Specifications): See Section 1.05 in this Document 00700.

Special Conditions or Special Provisions: Document 00800 (Supplemental General Conditions) and Document 00805 (Supplemental Conditions – Hazardous Materials) (if included).

Standard Provisions: Document 00700 (General Conditions) Subcontractor: An entity or person contracting with Contractor or another subcontractor to perform any portion of Work.

Substantial Completion: The Work (or a specified part thereof) has progressed to the point where, in the opinion of City as evidenced by a Certificate of Substantial Completion and can be utilized for the purpose for which it is intended.

Supplemental Instruction: A written directive from City to Contractor ordering alterations or modifications that do not result in change in Contract Sum or Contract Time, and do not substantially change Drawings or Specifications.

Supplier/Vendor: A person or entity that has a direct contract with the Contractor or a Subcontractor to provide, fabricate, deliver or install materials, products or assemblies.

Technical Provisions: Provisions and or clauses specific to the Work of the Project, generally found in Sections 10 thru 95 of the State Specifications.

Testing and Special Inspection Agency: An independent entity engaged by City to inspect and/or test the workmanship, materials, or manner of construction of buildings or portions of buildings, to determine if such construction complies with the Contract Documents and applicable codes.

Ton: 2,000 pounds avoirdupois.

Underground Facilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities that have been installed underground to furnish any of the following services or materials: Electricity, gases, chemicals, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.

Unit Price Work: Shall be the portions of the Work for which a unit price is provided in Document 00520 (Contract).

Work: The entire completed construction of the Work or of the various separately identifiable parts thereof required to be furnished under the Contract Documents within the Contract Time. Work includes and is the result of performing or furnishing administrative services, labor and professional services, furnishing and incorporating materials and equipment into the construction, and performing or furnishing construction services and furnishing documents, all as required by the Contract Documents including the Plans and Specifications. Wherever the word “work” is used, rather than the word “Work”, it shall be understood to have its ordinary and customary meaning.

Work Day: All Days, other than Saturdays, Sundays, and public holidays, unless specifically modified to the contrary.

Project No. 2010-01
City of Cupertino 00700-9 General Conditions
BBF Golf Course Maintenance
Wherever words “as directed,” “as required,” “as permitted,” or words of like effect are used, it shall be understood that direction, requirements, or permission of City is intended. Words “sufficient,” “necessary,” “proper,” and the like shall mean sufficient, necessary, or proper in judgment of City. Words “approved,” “acceptable,” “satisfactory,” “favorably reviewed,” or words of like import, shall mean approved by, or acceptable to, or satisfactory to, or favorably reviewed by City.

Wherever the word “may” or “ought” is used, the action to which it refers is discretionary. Wherever the word “shall” or “will” is used, the action to which it refers is mandatory.

SECTION 1. INTERPRETATION OF CONTRACT

1.1 Precedence of Contract
In resolving conflicting requirements between the Contract Documents order of precedence shall be as follows:

A Change orders
B Addenda or Letters of Clarification
C Document 00520 (Contract)
D Special Conditions
E Technical Specifications/Special Provisions
F Drawings
G General Conditions
H State Specifications
I State Standard Plans
With reference to the Drawings:

A Figures govern over scaled dimensions
B Detail drawings govern over general drawings

1.2 Clarification of Contract
Should it appear that the work to be done or any of the matters relative thereto is not sufficiently detailed or explained in the Specifications or on the Drawings, or if Contractor discovers during the course of the Work any discrepancies between the Contract Drawings and conditions in the field, or any errors or omissions in the Contract or in the layout given by stakes, points, or instructions, the bidder or Contractor shall apply in writing to City for such further explanations as may be necessary and shall conform to them as part of the Contract.

Any work done after such discovery until authorized by City, will be done at Contractor’s risk.

All corrections of readily apparent errors or omissions in the Contract may be made by City when such corrections are necessary for the proper fulfillment of their intention as construed by City. The misplacement, addition, or omission of any word, letter, figure, or punctuation mark which has no substantive legal effect will in no way change the due spirit, intent, or meaning of Contract.

1.3 Contract Documents Complementary
Any part of the Work not shown on the Drawings or described in these Specifications but which is reasonably or ordinarily implied by either, shall be furnished and installed by Contractor as if fully described in these Specifications and shown upon the Drawings. All disputes shall be administered under Section 9 herein.

1.4 Contract Interpretation
In the event of any doubt or questions arising respecting the true meaning of the Contract, reference shall be made in writing to City, whose decision thereon shall be final.

Project No. 2010-01
City of Cupertino 00700-10 General Conditions
BBF Golf Course Maintenance

1.5 State Specifications
The Work set forth in these Specifications shall be accomplished in accordance with appropriate provisions of construction details, Section 10 to Section 95, inclusive, of the Standard Specifications of the State of California, Business, Transportation And Housing Agency, Department of Transportation, May, 2006. These Specifications are herein referred to as the State Specifications (or Standard Specifications) and are by reference made a part of these Specifications the same as though set out in full.

1.6 Conflicts Involving State Specifications
In the event of conflict between the State Specifications and the Standard, Special, or Technical Provisions of these Specifications or the Drawings or any Contract Document other than the State Specifications, then such non-State Specification shall have precedence.

SECTION 2. BONDS AND INSURANCE

2.1 Contractor’s Insurance
A General
Contractor shall not perform Work under this Contract unless all insurance required by this Section has been obtained; and such insurance and insurers have been approved by City; and such insurance remains in full force and effect. Approval of insurance by City shall neither relieve nor decrease the liability of Contractor hereunder. Any delay in performing Work caused by Contractor’s failure to comply with the insurance requirements specified in these Specifications, is the responsibility of Contractor. Failure by Contractor to maintain all required insurance at all times during the performance of this Contract, and until Final Acceptance by City, shall constitute a material breach of this Contract and shall not be a basis for a time extension.

For insurance requirements and forms see Document 00821 and 00530.

B Workers’ Compensation and Liability Insurance
Without limiting any of the other obligations or liabilities of Contractor, Contractor shall, at Contractor’s sole cost and expense, keep in force at all times during the performance of this Contract, and until Acceptance by City, the following minimum insurance coverages, unless otherwise specified in the Special Provisions:

For insurance requirements and forms see Document 00821 and 00530.

C Insurance on Work and Materials
Contractor shall secure and maintain such direct damage insurance against such perils as Contractor may deem necessary to protect the Work called for in this Contract including Work completed, material in place or to be used in the performance of this Contract and such other miscellaneous items as may be necessary to the performance of this Contract.

For insurance requirements and forms see Document 00821 and 00530.

D Certificates of Insurance
Contractor shall furnish certificates of insurance to City for all required insurance coverages.

For insurance requirements and forms see Document 00821 and 00530.

2.2 Contractor’s Bonds
A Filing of Bonds
At or before the date indicated in Document 00200 (Instructions to Bidders), Contractor shall file with City the following bonds:

1. Corporate surety bond, in the form of Document 00610 (Construction Performance Bond), in the penal sum of 100% of Contractor’s Bid as accepted, to guarantee faithful performance of the Work; and
Project No. 2010-01
City of Cupertino 00700-11 General Conditions
BBF Golf Course Maintenance

2. Corporate surety bond, in the form of Document 00620 (Construction Labor and Material Payment Bond), in the penal sum of 100% of Contractor’s Bid as accepted, to guarantee payment of wages for services engaged and of bills contracted for materials, supplies, and equipment used in performance of Contract Documents.

3. The Payment bond will be released six (6) months after the recording of the Notice of Completion, and the Faithful Performance shall be reduced by ninety percent (90%) at the recording of the Notice of Completion. The remaining ten percent (10%) will be released at the end of one (1) year from acceptance of the project provided any deficiencies in the work have been corrected.

B Surety Qualifications
Sureties shall be satisfactory to City. Corporate sureties on these bonds and on bonds accompanying Bids shall be duly licensed to do business in the State of California and shall have an A.M. Best Company financial rating of B+,VII or better.

SECTION 3. SCOPE OF WORK

3.1 Work to be Done
The Work to be done consists of furnishing all labor, methods or processes, implements, tools, machinery, construction equipment, materials of any kind, and installed manufactured equipment, except as otherwise specified herein, to be furnished by City or from sources provided by City, which are required to construct in a good and worker-like manner all the work herein specified. The intent of the plans and specifications is to describe the details for the construction and completion of the work which Contractor undertakes to perform in accordance with the terms of the contract. Where the plans or specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of first class quality are to be used.

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.

See Document 00800 for more detail of work and requirements.

3.2 Cleaning
Before final inspection Contractor shall clean the premises, and unless otherwise specified remove all rubbish, excess materials, false work, temporary structures, and equipment. All parts of the Work shall be left in a neat and presentable condition to the satisfaction of City. Contractor shall perform final cleanup in phases whenever the work is completed in phases, and/or turned over to City in phases, and/or where the Work is exposed.

Additionally, all areas of the work may in any manner interface with the public shall be maintained in a neat, orderly, sanitary, and safe condition, and contractor shall at all times maintain the work area in a neat and orderly condition.

Nothing herein, however, shall require Contractor to remove warning, regulatory, and guide signs prior to Final Acceptance by City.

A Progress Cleaning
Contractor shall perform periodic cleaning to ensure that any streets and other City and public properties are maintained free from accumulation of waste materials, dust, mud, and debris.

Where required, Contractor shall wet down surfaces to lay dust and prevent the blowing of dust to nearby residences or public properties.

Contractor shall keep all streets clean and free of dust, mud, and debris resulting from Contractor’s operations. Daily cleanup throughout the job will be necessary as Contractor progresses with its Work, Project No. 2010-01
City of Cupertino 00700-12 General Conditions
BBF Golf Course Maintenance
but extra attention to cleanup shall be made prior to weekends and holidays. Without limiting the foregoing, Contractor shall remove trench spoil along traveled ways daily; grade and vacuum broom surfaces initially where applicable and later water flush with high-pressure sprays, being careful to avoid downstream contamination.

All dust, mud, spoils, and construction debris shall be removed daily from all roadways, ditches, shoulders, and private property (fills or spoils placed on private property at private property owner's written request excepted).

Disposal of Materials:

1. As part of the scope of Work included within the Contract Sum, Contractor shall be fully responsible for disposing of all construction debris, dirt and spoils resulting from the Work.

2. All waste materials, debris, dirt and rubbish shall be disposed of at sites to be chosen by Contractor in accordance with applicable local, state, and federal regulations.

3. Contractor is cautioned that the County of Santa Clara and cities within the county have regulations governing the disposal of rubble, broken pavement, and similar materials.

4. Contractor shall become familiarized with the requirements of the agency having jurisdiction over any contemplated disposal site and shall comply with all such requirements.

All excess soil from performance of Work shall be disposed at sites to be chosen by Contractor in accordance with applicable local, state, and federal regulations. If Contractor elects to dispose of soil on any private property, prior to any dumping, a letter allowing such dumping shall be obtained from the property owner and presented to City. Contractor is advised that the property owner is required to obtain a fill permit from the applicable government agency(ies). In addition, placement of fill in wetland areas is subject to permit procedures of the US Army Corps of Engineers. At the completion of Work, a letter from each affected property owner will be required releasing Contractor, Santa Clara County, City and any City consultant from future liability.

If Contractor does not properly clean the Site, in the opinion of City, then City shall have the option of using outside equipment to perform the cleanup and such cost will be withheld from the Contract Sum.

B Final Cleaning
Contractor shall execute final cleaning prior to final inspection, using only properly skilled workers.

Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from exposed finished surfaces.

Repair, patch, and touch up marred surfaces to match adjacent finishes.

Clean Site; mechanically sweep paved areas.

Remove waste and surplus materials, rubbish, and construction facilities from Site.

3.3 Change in Work
A General
City may, at any time or from time to time, order additions, deletions, or revisions in the Work, any portion of the Work, unit price item, or the Contract Time. These changes will be set forth in a contract change order which will specify, in addition to the work to be done in connection with the change made, the adjustment of Contract Time, if any, and the basis of compensation for that work. A contract change order will not become effective until approved by City. Upon receipt of an approved contract change order, Contractor shall proceed with the ordered work. If ordered in writing by the City, Contractor shall proceed with the work so ordered prior to actual receipt of an approved contract change order therefore. In those cases, City will, as soon as practicable, issue an approved contract change order for the ordered work and, if the parties cannot agree, then the contract claims procedure in Section 9 shall apply. When the compensation for an item of work is subject to adjustment, Contractor shall, furnish City with adequate detailed cost data for that item of work showing actual costs incurred with direct costs, indirect costs, and any overhead claims. If Contractor requests an adjustment in compensation for an item of work as provided herein, the cost data shall be submitted with the request.

Project No. 2010-01
City of Cupertino 00700-13 General Conditions
BBF Golf Course Maintenance
Any change in scope of Work or deviation from Contract Documents including, without limitation, extra work, or alterations or additions to or deductions from the original Work, shall not invalidate the original Contract, and shall be performed under the terms of the Contract Documents.

Only Contractor or City may initiate changes in scope of Work or deviation from Contract Documents.

Contractor may only initiate changes by submitting RFIs, Notice of Concealed or Unknown Conditions, or Notice of Hazardous Waste Conditions.

RFIs shall be submitted to seek clarification of or request changes in the Contract Documents.

Notices of Concealed or Unknown Conditions shall be submitted in accordance with Document 00700 (General Conditions).

Notices of Hazardous Waste Conditions shall be submitted in accordance with Document 00700 (General Conditions).

Contractor shall be responsible for its costs to implement and administer RFIs throughout the Contract duration. Regardless of the number of RFIs submitted, Contractor shall not be entitled to additional compensation. Contractor shall be responsible for both City and it’s Engineer’s administrative costs for answering RFIs where the answer could reasonably be found by reviewing the Contract Documents, as determined by City; at City’s discretion, such costs may be deducted from progress payments or final payment.

City may initiate changes by issuing a Supplemental Instruction, which may revise, add to or subtract from the Work.

City may initiate changes in the Work or Contract Time by issuing RFPs to Contractor. Such RFPs will detail all proposed changes in the Work and request a quotation of changes in Contract Sum and Contract Time from Contractor.

City may also, by Construction Change Directive (“CCD”), order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. A CCD shall be used in the absence of total agreement on the terms of a Change Order and may, upon notice, consist of a Change Order executed by City only.

B Procedures
1 Cost Proposal and Procedures:

Whenever Contractor is required to prepare a Cost Proposal, and whenever Contractor is entitled to submit a Cost Proposal and elects to do so, Contractor shall prepare and submit to City for consideration a Cost Proposal using the forms approved by the City. All Cost Proposals must contain a complete breakdown of costs of credits, deducts and extras; itemizing materials, labor, taxes, overhead and profit. All Subcontractor Work shall be so indicated. Individual entries on the Cost Proposal form shall be determined as provided in this section. After receipt of a Cost Proposal with a detailed breakdown, City will act promptly thereon.

If City accepts a Cost Proposal, City will prepare Change Order for City and Contractor signatures.

Project No. 2010-01
City of Cupertino 00700-14 General Conditions
BBF Golf Course Maintenance
If Cost Proposal is not acceptable to City because it does not agree with cost and/or time included in Cost Proposal, City will submit in a response what it believes to be a reasonable cost and/or adjustment, if any. Except as otherwise provided in this Document, Contractor shall have seven Days in which to respond to City with a revised Cost Proposal.

When necessity to proceed with a change does not allow the City sufficient time to conduct a proper check of a Cost Proposal (or revised Cost Proposal), City may order Contractor to proceed on basis to be determined at earliest practical date. In this event, value of change, with corresponding equitable adjustment to Contract, shall not be more than increase or less than decrease proposed.
2 Request for Information (RFI):

Whenever Contractor requires information regarding the Project or Contract Documents, or receives a request for information from a Subcontractor, Contractor may prepare and deliver an RFI to City. Contractor shall use RFI format provided by City. Contractor must submit time critical RFIs at least 30 days before scheduled start date of the affected Work activity.

Contractor shall reference each RFI to an activity of Progress Schedule and shall note time criticality of the RFI, indicating time within which a response is required. Contractor’s failure to reference RFI to an activity on the Progress Schedule and note time criticality on the RFI shall constitute Contractor’s waiver of any claim for time delay or interruption to the Work resulting from any delay in responding to the RFI.

City will respond within seven Days from receipt of RFI with a written response to Contractor. Contractor shall distribute response to all appropriate Subcontractors. RFI received after 12:00 pm will be considered as received the following day, for Fridays, the following day will be considered to be Monday.

If Contractor is satisfied with the response and does not request change in Contract Sum or Contract Time, then the response shall be executed without a change.

If Contractor believes the response is incomplete, Contractor shall issue another RFI (with the same RFI number with the letter “A” indicating if it is a follow-up RFI) to City clarifying original RFI. Additionally, City may return RFI requesting additional information should original RFI be inadequate in describing condition.

If Contractor believes that the response results in change in Contract Sum or Contract Time, Contractor shall notify City in writing within seven Days after receiving the response. If City disagrees with Contractor, then Contractor may give notice of intent to submit a Claim as described in this Document and submit its Claim within 30 days. If City agrees with Contractor, then Contractor must submit a Cost Proposal within 21 Days of receiving the response to the RFI. Contractor’s failure to deliver either the foregoing notice and Claim or Cost Proposal by the respective deadlines stated in the foregoing sentences shall result in waiver of the right to file a Cost Proposal or Claim.
3 Field Authorization (FA):

A letter issued and signed by the City’s Director of Public Works, or his designated representative, authorizing the Contractor to proceed with additive or deductive changes to the contract, exclusive of time extensions, which value does not exceed $50,000, which will become a part of a subsequent Contract Change Order. The Field Authorization is issued during the course of construction when it is known or believed that the changes in the Work being requested cannot be processed in a timely way as a Contract Change Order without risk of causing a delay to the project. The contractor cannot include work performed under a Field Authorization in an Application for Payment until the Field Authorization is fully incorporated into an approved Contract Change Order.

Project No. 2010-01
City of Cupertino 00700-15 General Conditions
BBF Golf Course Maintenance
4 Supplemental Instruction:

City may issue Supplemental Instruction to Contractor.

If Contractor is satisfied with Supplemental Instruction and does not request change in Contract Sum or Contract Time, then Supplemental Instruction shall be executed without a Change Order.

If Contractor believes that Supplemental Instruction results in change in Contract Sum or Contract Time, then Contractor must submit a Cost Proposal to City within 21 Days of receiving the Supplemental Instruction.
5 Construction Change Directives (CCD):

If at any time City believes in good faith that a timely Change Order will not be agreed upon using the foregoing procedures, City may issue a CCD with its recommended cost and/or time adjustment. Upon receipt of CCD, Contractor shall promptly proceed with the change of Work involved and concurrently respond to City’s CCD within 10 Days.

Contractor’s response must be any one of following:

Return CCD signed, thereby accepting City’s response, time and cost.

Submit a (revised if applicable) Cost Proposal with supporting documentation (if applicable, reference original Cost Proposal number followed by letter A, B, etc. for each revision), if City so requests.

Give notice of intent to submit a Claim as described in this Document and submit its Claim with 30 days.

If the CCD provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods:

Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation.

Unit prices stated in the Contract Documents or subsequently agreed upon.

Cost to be determined in a manner agreed.

CCD signed by Contractor indicates the agreement of Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order.

If Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by City on the basis of reasonable expenditures and savings of those performing the Work attributable to the change including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. If the parties still do not agree on the price for a CCD, Contractor may file a Claim. Contractor shall keep and present, in such form as City may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this paragraph shall be limited to those provided in this Section.

Pending final determination of cost to City, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by Contractor to City for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by City. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.
6 City Requested RFP:

Contractor shall furnish a Cost Proposal within 21 Business Days of City’s RFP. Upon approval of RFP, City will issue a Change Order directing Contractor to proceed with extra Work. If the parties do not agree on the price for an RFP, City may either issue a CCD or decide the issue per the claims section of this Document. Contractor shall perform the changed Work notwithstanding any claims or disagreements of any nature.

Project No. 2010-01
City of Cupertino 00700-16 General Conditions
BBF Golf Course Maintenance
7 Differing Site Conditions:

Contractor shall submit Notices of Differing Site Conditions to resolve problems regarding differing underground Site conditions encountered in the execution of the Work pursuant to section 3 of this Document, which shall govern. If City determines that a change in Contract Sum or Contract Time is justified, City will issue RFP or CCD. 8 Hazardous Waste Conditions:

Contractor shall submit Notices of Hazardous Waste Conditions to resolve problems regarding hazardous materials encountered in the execution of the Work pursuant to this Document, which shall govern. If City determines that a change in Contract Sum or Contract Time is justified, City will issue RFP or CCD.
9 All Changes:

Documentation of Change in Contract Sum and Contract Time:

Contractor shall maintain detailed records of Work performed on a time-and-material basis.

Contractor shall document each proposal for a change in cost or time with sufficient data to allow evaluation of the proposal.

Contractor shall, on request, provide additional data to support computations for:
a. Quantities of products, materials, labor and equipment. b. Taxes, insurance, and bonds.
c Overhead and profit.
d Justification for any change in Contract Time and new Progress Schedule showing revision due, if any.
e. Credit for deletions from Contract, similarly documented. f. Contractor shall support each claim for additional costs, and for Work performed on a cost-and-percentage basis, with additional information including:
(1) Credit for deletions from Contract, similarly documented. (2) Origin and date of claim.
(3) Dates and times Work was performed and by whom.
(4) Time records and wage rates paid.
(5) Invoices and receipts for products, materials, equipment and subcontracts, similarly documented.
10 Correlation of Other Items:

Contractor shall revise Schedule of Values and Application for Payment forms to record each authorized Change Order or CCD as a separate line item and adjust the Contract Sum as shown thereon prior to the next monthly pay period.

Contractor shall revise the Progress Schedules prior to the next monthly pay period.

Contractor shall enter changes in Project Record Documents prior to the next monthly pay period.
11 Responses:

For all responses for which the Contract Documents, including without limitation this Document, do not provide a specific time period, recipients shall respond within a reasonable time.

C Allowable Quantity Variations
Increases or decreases in the quantity of a Contract item of Work for unit price items will be determined by comparing the actual pay quantity of an item of Work with the approximate quantity in the listing of the bid items contained in the Bid.

Project No. 2010-01
City of Cupertino 00700-17 General Conditions
BBF Golf Course Maintenance
If the actual pay quantity of an item of Work varies from the approximate quantity by 25 percent or less, payment will be made for the actual quantity of Work performed at the Contract unit price listed in the Bid.

If the actual pay quantity of an item of Work varies from the approximate quantity by more than 25 percent, in the absence of an executed Contract Change Order specifying the compensation to be paid, the compensation payable to Contractor will be determined in accordance with this Section.

1. Increases of More Than 25 Percent: If the actual pay quantity of an item of Work exceeds the approximate quantity by more than 25 percent, the amount of Work in excess of 125 percent of the approximate quantity will be paid for by adjusting the Contract unit price. Such adjustment of the Contract unit price will be the positive or negative difference between the Contract unit price and the actual unit cost of the total pay quantity of the item. At the sole option of City, the actual unit cost of the Work involved in such excess will be determined in accordance with Section 3.4 (by mutual acceptance of a lump sum amount) or Section 3.4 (cost of Work, based on time and materials).

If the cost of an item of Work includes fixed costs or overhead, the fixed costs will be deemed to have been recovered by Contractor by the payments made for 125 percent of the approximate quantity at the Contract unit price for the item and in computing the actual unit cost, the fixed costs will be excluded.

When the compensation payable for the quantity of Work performed in excess of 125 percent of the approximate quantity is less than $5,000 at the Contract unit price, no adjustment in the Contract unit price will be made unless requested in writing by Contractor within 14 days from the date Contractor became aware, or should have reasonably become aware, of the increase in quantity.

2. Decreases of More Than 25 Percent: If the actual pay quantity of an item of Work is less than 75 percent of the approximate quantity, an adjustment in compensation will not be made unless Contractor makes a request in writing within 14 days from the date Contractor became aware, or should have reasonably become aware, of the decrease in quantity. If Contractor makes a request, the actual pay quantity of said item of Work performed will be paid for by adjusting the Contract unit price. Such adjustment of the Contract unit price will be the positive or negative difference between the Contract unit price and the actual unit cost of the total pay quantity of the item, including fixed costs. At the sole option of City, payment for the actual quantity of Work will be made by mutual acceptance of a lump sum amount or cost of Work based on time and materials in accordance with Section 3.4.

3. Payment for the actual pay quantity of such item of Work will in no case exceed the payment which would have been made for the performance of 75 percent of the approximate quantity of such item at the Contract unit price.

B Eliminated Items:

If any Contract item of the Work is eliminated in its entirety, payment will be made to Contractor for the actual cost incurred in connection with the eliminated Contract item if incurred prior to the date of notification in writing by City of such elimination.

If acceptable material is ordered by Contractor for an eliminated Contract item prior to the date of notification of such elimination by City, and if orders for such material cannot be canceled, payment for such material will be made at the actual cost to Contractor. In such case, the material shall become the property of City. If the materials can be returned to the vendor and if City so directs, the material shall be returned and Contractor will be paid for the actual cost for returning the material.

The actual costs to be paid by City to Contractor in accordance with this Section will be computed based on Time and Materials in accordance with Section 3.4.

Project No. 2010-01
City of Cupertino 00700-18 General Conditions
BBF Golf Course Maintenance
C. Alternative Contract Items
Items identified as Alternative in the Bid may be deleted entirely or in part at the sole discretion of City. The unit price of an Alternative contract item shall not be subject to adjustment due to any increase or decrease in actual quantity.

See Document 00800 for more detail.

D. Change in Character of Work
If an ordered change in the plans or specifications materially changes the character of the work of a contract item from that on which the Contractor based the bid price, and if the change increases or decreases the actual unit cost of the changed item as compared to the actual or estimated actual unit cost of performing the work of that item in accordance with the plans and specifications originally applicable thereto, in the absence of an executed contract change order specifying the compensation payable, an adjustment in compensation therefore will be made in accordance with the following.

The basis of the adjustment in compensation will be the difference between the actual unit cost to perform the work of that item or portion thereof involved in the change as originally planned and the actual unit cost of performing the work of the item or portion thereof involved in the change, as changed. Actual unit costs will be determined by the Engineer in the same manner as if the work were to be paid for on a force account basis as provided in Section 3.4; or the adjustment will be as agreed to by the Contractor and the Engineer. The adjustment will apply only to the portion of the work of the item actually changed in character. At the option of the Engineer, the work of the item or portion of item which is changed in character will be paid for by force account as provided in Section 3.4.

If the compensation for an item of work is adjusted under this Section, the costs recognized in determining that adjustment shall be excluded from consideration in making an adjustment for that item of work under the provisions in Section 3.3.

Failure of the Engineer to recognize a change in character of the work at the time the approved contract change order is issued shall in nowise be construed as relieving the Contractor of the duty and responsibility of filing a written protest within the limit as provided in Doc. 00700.

3.4 Change in Contract Price
A General
The Contract Price constitutes the total compensation payable to Contractor for performing the Work.

All duties, responsibilities. and obligations assigned to or undertaken by Contractor to perform the Work shall be at Contractor’s expense without change in the Contract Price.

The Contract Price may only be changed by a change order. Any request for an increase in the Contract Price shall be based on written notice delivered by Contractor to City promptly, but in no event later than 10 days after the date of the occurrence of the event giving rise to the request and stating the general nature of the request. Notice of the amount of the request with supporting data shall be delivered within 45 days after the date of the occurrence, unless City allows an additional period of time to ascertain more accurate data in support of the request, and shall be accompanied by Contractor’s written statement that the amount requested covers all amounts (direct, indirect, and consequential) to which Contractor is entitled as a result of the occurrence of the event. No request for an adjustment in the Contract Price will be valid if not submitted in accordance with this Section.

The value of any Work covered by a change order or of any request for an increase or decrease in the Contract Price shall be determined in one of the following ways:
• Where the Work involved is covered by unit prices contained in the Contract documents, by application of unit prices to the quantities of the items involved; or • By mutual acceptance of a lump sum, which may include an allowance for overhead and profit not necessarily in accordance with Section 3.4, provided Contractor submits documentation supporting the direct, indirect, overhead and profit components that compromise the lump sum amounts.

Project No. 2010-01
City of Cupertino 00700-19 General Conditions
BBF Golf Course Maintenance
• On the basis of the cost of Work based on Time and Materials plus a Contractor’s fee for overhead and profit, in accordance with this Section.

B Cost of Work (Based on Time and Materials)
The term “cost of Work” means the sum of all costs necessarily incurred and paid by Contractor for labor, materials, and equipment in the proper performance of Work. Except as otherwise may be agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in the locality of the project.
1 Labor:

The cost of labor used in performing Work by Contractor, a Subcontractor, or other forces, will be the sum of the following:

The actual wages paid plus any employer payments to or on behalf of workers for fringe benefits, including health and welfare, pension, vacation, and similar purposes, not overlapping with the labor surcharge described below. The cost of labor may include the wages paid to foremen when it is determined by City that the services of foremen do not constitute a part of the overhead allowance.

There will be added to the actual wages as defined above, a percentage set forth in the latest “Labor Surcharge and Equipment Rental Rates” in use by the California State Department of Transportation which is in effect on the date upon which the work is accomplished. This percentage shall constitute full compensation for all payments imposed by State and Federal laws including, but not limited to, workers’ compensation insurance and Social Security payments.

The amount paid for subsistence and travel required by collective bargaining agreements.

For equipment operators, payment for the actual cost of labor and subsistence or travel allowance will be made at the rates paid by Contractor to other workers operating similar equipment already on the work, or in the absence of such labor, established by collective bargaining agreements for the type of workers and location of the extra work, whether or not the operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein, in accordance with the provisions of this Section, which surcharge shall constitute full compensation for payments imposed by State and Federal laws, and all other payments made to on behalf of workers other than actual wages. 2 Materials:

The cost of materials used in performing Work will be the cost to the purchaser, whether Contractor or subcontractor, from the supplier thereof, except as the following are applicable:

Trade discounts available to the purchaser shall be credited to City notwithstanding the fact that such discounts may not have been taken by Contractor.

For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by City. Markup, except for actual costs incurred in the handling of such materials, will not be allowed.

Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the Work Site, whichever price is lower.

If, in the opinion of City, the cost of material is excessive, or Contractor does not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the quantity concerned delivered to the work Site, less trade discount. City reserves the right to furnish materials for the extra work and no claim shall be made by Contractor for costs and profit on such materials.

Project No. 2010-01
City of Cupertino 00700-20 General Conditions
BBF Golf Course Maintenance
3 Equipment:

Contractor will be paid for the use of equipment at the rental rate listed for such equipment specified in the current edition of the Department of Transportation publication entitled, “Labor Surcharge and Equipment Rental Rates,” which is in effect on the date upon which the work is accomplished. Such rental rates will be used to compute payments for equipment whether the equipment is under Contractor’s control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate resulting in the least total cost to City for the total period of use. If it is deemed necessary by Contractor to use equipment not listed in the foregoing publication, an equitable rental rate for the equipment will be established by City. Contractor may furnish cost data which might assist City in the establishment of the rental rate.

The rental rates paid, as above provided, shall include the cost of fuel, oil, lubrication supplies, small tools, necessary attachments, repairs and maintenance of all kinds, depreciation, storage, insurance, and all incidentals. Operators of equipment will be separately paid for as provided in this Section 3.4, “Labor”.

All equipment shall be in good working condition and suitable for the purpose for which the equipment is to be used.

Before construction equipment is used on the extra work, Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to City, in duplicate, a description of the equipment and its identifying number.

Unless otherwise specified, manufacturer’s ratings and manufacturer-approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.

Individual pieces of equipment or tools having a replacement value of $500 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefore. 4 Owner-Operated Equipment:

When owner-operated equipment is used to perform Work and is to be paid for as extra work, Contractor will be paid for the equipment and operator as follows:

Payment for the equipment will be made in accordance with the provisions of Section 3.4, “Equipment.”
Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by Contractor to other workers operating similar equipment already on the project, or, in the absence of such other workers, at the rates for such labor established by collective bargaining agreement for type of worker and location of the work, whether or not the owner-operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein, in accordance with the provisions in Section 3.4, “Labor.”
To the direct cost of equipment rental and labor, computed as provided herein, will be added the markup for equipment rental and labor as provided in Section 3.4, “Contractor’s Fee.” 5 Equipment Time:

The rental time to be paid for equipment on the Work shall be the time the equipment is in productive operation on the Work being performed and shall include the time required to move the equipment to the new location and return it to the original location or to another location requiring no more time than that required to return it to its original location; except that moving time will not be paid if the equipment is used on other than the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. No payment will be made for loading and transporting costs when the equipment is used at the Site of the extra work on other than the extra work. The following shall be used in computing the rental time of equipment on the work:

Project No. 2010-01
City of Cupertino 00700-21 General Conditions
BBF Golf Course Maintenance
A. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be ½ -hour of operation, and any part of an hour in excess of 30 minutes will be considered 1-hour of operation.

B. When daily rates are listed, operation for any part of a day less than 4 hours shall be considered to be half-day of operation.

C. Rental time will not be allowed while equipment is inoperative due to breakdowns or Contractor caused delays.
6 Cost of Work Documentation:

Contractor shall furnish City Daily Extra Work Reports on a daily basis covering the direct costs of labor and materials and charges for equipment whether furnished by Contractor, subcontractor, or other forces. City will provide the Daily Extra Work Report forms to Contractor. Contractor or an authorized agent shall sign each Daily Extra Work Report. The Daily Extra Work Report shall provide names and classifications of workers and hours worked; size, type, and identification number of equipment; and the hours operated. Copies of certified payrolls and statement of fringe benefit shall substantiate labor charges. Valid copies of vendor’s invoices shall substantiate material charges.

City will make any necessary adjustments. When these reports are agreed upon and signed by both parties, they shall become the basis of payment for the Work performed, but shall not preclude subsequent adjustment based on a later audit.

Contractor shall inform City when extra work will begin so that City inspector can concur with the Daily Extra Work Reports. Failure to conform to these requirements may impact Contractor’s ability to receive proper compensation.
7 Detours:

Contractor shall construct and remove detours and detour bridges for the use of public traffic as provided in the Special Provisions, or as shown on the plans, or as directed by City. Payment for this work will be made as set forth in the Special Provisions or at the Contract Prices for the items of work involved if the work being performed is covered by contract items of work and no other method of payment therefore is provided in the Special Provisions, otherwise the work will be paid for as extra work as provided herein. The costs of repairing damaged detours caused by public traffic will be paid for as extra work as provided herein. When public traffic is routed through the work, provision for a passageway through construction operations will not be considered as detour construction or detour maintenance and this work shall conform to and be paid as basic scope of work, unless otherwise specified in the Special Provisions. Detours used exclusively by Contractor for hauling materials and equipment shall be constructed and maintained by Contractor at Contractor’s expense. The failure or refusal of Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until the detours are in satisfactory condition for use by public traffic. Where Contractor is hauling is causing such damage to the detour that its maintenance in a condition satisfactory for public traffic is made difficult and unusually expensive, City shall have authority to regulate Contractor’s hauling over the detour.
8 Special Services
Special services are defined as that work characterized by extraordinary complexity, sophistication, or innovations, or a combination of the foregoing attributes which are unique to the construction industry.

The following may be considered by City in making estimates for payment for special services:

A. When City and Contractor, by agreement, determine that a special service is required which cannot be performed by the forces of Contractor or those of any of its subcontractors, the special service may be performed by an entity especially skilled in the work to be performed.

After validation of invoices and determination of market values by City, invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs.

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B. When Contractor is required to perform work necessitating special fabrication or machining process in a fabrication or a machine shop facility away from the job-Site, the charges for that portion of the work performed at the off Site facility may, by agreement, be accepted as a special service and accordingly, the invoices for the work may be accepted without detailed itemization.

C. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of the allowances for overhead and profit on labor, materials, and equipment specified in Section 3.4 “Contractor’s Fee”, herein, a single allowance of ten (10) percent will be added to invoices for special services. 9 Contractor’s Fee
A. Work ordered on the basis of time and materials will be paid for at the actual and necessary cost as determined by City, plus allowances for overhead and profit which allowances shall constitute the “Contractor’s Fee”. For extra work involving a combination of increases and decreases in the work, the actual necessary cost will be the arithmetic sum of the additive and deductive costs. The allowance for overhead and profit shall include compensation for superintendence, bond and insurance premiums, taxes, all field and home office expenses, and all other items of expense or cost not included in the cost of labor, materials, or equipment provided for under Sections 3.4, “Cost of Work”, herein. The allowance for overhead and profit will be made in accordance with the following schedule:

Actual and Necessary Cost Overhead and Profit Allowance Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 percent Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 percent Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 percent B. Labor, materials, and equipment may be furnished by Contractor or by the subcontractor on behalf of Contractor: When all or any part of the extra work is performed by a subcontractor, the allowance specified in “Contractor’s Fee” shall only be applied to the labor, materials, and equipment costs of the subcontractors to which Contractor may add 5 percent of the subcontractor’s total cost for the extra work. Regardless of the number of hierarchical tiers of subcontractors, the 5 percent increase above the subcontractor’s total cost, which includes the allowances for overhead and profit specified herein, may be applied one time only for each separate work transaction.
10 Compensation for Time Extensions
Adjustments in compensation for time extension will be allowed only for causes identified in Section

3.5, Changes in Contract Time. No adjustments in compensation will be allowed when City-caused delays to a controlling item of work and Contractor-caused delays to a controlling item of work occur concurrently, or for causes identified in Section 3.5 Changes in Contract Time.

Compensation for idle time of equipment will be determined in accordance with the provisions in Section 3.4, Owner –Operated Equipment.
11 Force-Account Work
If it is impracticable because of nature of Work, or for any other reason, to fix an increase or decrease in price definitely in advance, the Contractor may be directed to proceed at a not-to-exceed (NTE) maximum price which shall not under any circumstances be exceeded. Subject to such limitation, such extra Work shall be paid for at actual necessary cost for Force-Account Work or at the negotiated cost, as determined by City. The cost for Force-Account Work shall be determined pursuant this Section.

Force-Account Work shall be used when it is not possible or practical to price out the changed Work prior to the start of that Work. In these cases, Force-Account Work will be utilized during the pricing and negotiation phase of the change. Once negotiations have been concluded and a bilateral agreement has been reached, the tracking of the Work under Force-Account is no longer necessary. ForceAccount Work shall also be used when negotiations between City and Contractor have broken apart Project No. 2010-01
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and a bilateral agreement on the value of the changed Work cannot be reached. City may approve other uses of Force-Account Work.

Whenever any Force-Account Work is in progress, definite price for which has not been agreed on in advance, Contractor shall report to City each Business Day in writing in detail amount and cost of labor and material used, and any other expense incurred in Force-Account Work on preceding Day, by using the Cost Proposal form attached hereto. No claim for compensation for Force-Account Work will be allowed unless report shall have been made.

Whenever Force-Account Work is in progress, definite price for which has not been agreed on in advance, Contractor shall report to City when 75 percent of the NTE amount has been expended.

Force-Account Work shall be paid as extra Work under this Section. Methods of determining payment for Work and materials provided in this Section shall not apply to performance of Work or furnishings of material that, in judgment of City, may properly be classified under items for which prices are otherwise established in Contract Documents.
12 Overhead Defined
The following constitutes charges that are deemed included in overhead for all Contract Modifications, including Force-Account Work or CCD Work, whether incurred by Contractor, Subcontractors, or suppliers, and Contractor shall not invoice or receive payment for these costs separately:

A. Drawings: field drawings, Shop Drawings, etc., including submissions of drawings B. Routine field inspection of Work proposed
C. General Superintendence
D. General administration and preparation of cost proposals, schedule analysis, change orders and other supporting documentation as necessary
E. Computer services
F. Reproduction services
G. Salaries of project engineer, superintendent, timekeeper, storekeeper and secretaries H. Janitorial services
I. Temporary on-Site facilities:
• Offices
• Telephones
• Plumbing
• Electrical: Power, lighting
• Platforms
• Fencing, etc.
• water
J. Home office expenses
K. Insurance and Bond premiums
L. Procurement and use of vehicles and fuel used coincidentally in Work otherwise included in the Contract Documents
M. Surveying
N. Estimating
O. Protection of Work
P. Handling and disposal fees
Q. Final cleanup
R. Other incidental Work
13 Records and Certifications
Force-Account (cost reimbursement) charges shall be recorded daily and summarized in Cost Proposal form attached hereto. Contractor or authorized representative shall complete and sign form each day.

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Contractor shall also provide with the form: the names and classifications of workers and hours worked by each; an itemization of all materials used; a list by size type and identification number of equipment and hours operated; and an indication of all Work performed by specialists.

No payment for Force-Account Work shall be made until Contractor submits original invoices substantiating materials and specialists charges.

City shall have the right to audit all records in possession of Contractor relating to activities covered by Contractor’s claims for modification of Contract, including Force-Account Work and CCD Work.

Further, City will have right to audit, inspect, or copy all records maintained in connection with this Contract, including financial records, in possession of Contractor relating to any transaction or activity occurring or arising out of, or by virtue of, the Contract. If Contractor is a joint venture, right of City shall apply collaterally to same extent to records of joint venture sponsor, and of each individual joint venture member. This right shall be specifically enforceable, and any failure of Contractor to voluntarily comply shall be deemed an irrevocable waiver and release of all claims then pending that were or could have been subject to this Document.

3.5 Change of Contract Time
A General
The Contract time may only be changed by a change order. Any request for an extension of the Contract time shall be based on written notice delivered by Contractor to City promptly, but in no event later than 10 days after the date of the occurrence of the event giving rise to the request. Such written notice shall identify the controlling item of work that justifies the time extension, and shall state in reasonable detail the general nature of the request. Notice of the full extent of the request with a supporting time impact evaluation shall be delivered within 25 days after the date of such occurrence, unless City allows an additional period of time to ascertain more accurate data in support of the request, and shall be accompanied by Contractor’s written statement that the adjustment requested is the entire adjustment to which Contractor has reason to believe it is entitled as a result of the occurrence of said event. No request for an adjustment in the Contract time will be valid if not submitted in accordance with the requirements of this Section, and Contractor waives any rights not pursued under this Section.

The Contract time will only be extended when a delay occurs which impacts a controlling item of work as shown on the progress schedule required herein. Time extensions will be allowed only if the cause is beyond the control and without the fault or negligence of Contractor. Time extensions (without compensation of any sort) will also be allowed when City-caused delays to a controlling item of work and Contractor-caused delays to a controlling item of work occur concurrently or for adverse weather caused delays discussed below. Contractor will be notified if City determines that a time extension is not justified.

The Contract time will be extended in an amount equal to time lost due to delays beyond the control of Contractor if a request is made therefore as provided in this Section. An extension of Contract time will only be granted for days on which (i) Contractor is prevented from proceeding with at least 75 percent of the normal labor and equipment force actually engaged on the said work, and (ii) by excusable occurrences or conditions resulting immediately therefrom which impact a controlling item of work as determined by City. Excusable delays shall include:
• Changes.
• Failure of City to furnish access, right of way, completed facilities of related projects, Drawings, materials, equipment, or services for which City is responsible. • Survey error by City.
• Suspension of work pursuant to Section 7, Prosecution and Progress of Work. • Occurrences of a severe and unusual nature, including, acts of God, fires, and excusable inclement weather. An “act of God” means an earthquake, flood, cloudburst, cyclone or other cataclysmic phenomena of nature beyond the power of Contractor to foresee or to make Project No. 2010-01
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preparation in defense against, but does not include ordinary inclement weather. Excusable inclement weather is any weather condition, the duration of which varies in excess of the average conditions expected, which is unusual for the particular time and place where the work is to be performed, or which could not have been reasonably anticipated by Contractor, as determined from National Oceanic and Atmospheric Administration (“NOAA”) records for the proceeding 3-year period.
• Act of the public enemy, act of another governmental entity, public utility, epidemic, quarantine restriction, freight embargo, strike, or labor dispute. A delay to a subcontractor or supplier due to the above circumstances will be taken into consideration for extensions to the time of completion.

B Extensions of Time for Delay Due to Excusable Inclement Weather The Contract time will be extended for as many days in excess of the average number of days of excusable inclement weather, as defined above, as Contractor is specifically required under the Special Provisions to suspend construction operations, provided that on such days Contractor is prevented by such excusable inclement weather, or conditions resulting immediately therefrom, from proceeding with at least 75 percent of the normal labor and equipment force engaged on critical items of work as shown on the schedule.

Should Contractor prepare to begin work at the regular starting time at the beginning of any regular work shift on any day on which excusable inclement weather, or the conditions resulting from the weather prevents work from beginning at the usual starting time and the crew is dismissed as a result thereof, Contractor will be entitled to a 1-day credit for advance weather whether or not conditions change thereafter during said day and the major portion of the day could be considered to be suitable for such construction operations. If Contractor starts work and then suspends work due to excusable inclement weather, then Contractor shall be entitled to a prorate credit based upon the number of work hours lost.

Contractor shall base the construction schedule upon the inclusion of the number of days of excusable inclement weather (for rain, in excess of 0.1 inch) specified by NOAA for the locality of the Project.

Notwithstanding the foregoing, extension of the Contract time due to excusable inclement weather will be granted until after the said aggregate total number of days of excusable inclement weather has been reached; however, no reduction in Contract time will be made if said number of days of excusable inclement weather is not reached.

3.6 Changed Site Conditions
If any work involves digging trenches or other excavations below the surface, Contractor shall promptly and before the following conditions are disturbed, notify City in writing of any:

A. Material that Contractor believes may be a regulated material that is required to be removed to a Class I, Class II, or Class III disposal Site in accordance with provisions of existing law.

B. Subsurface or latent physical conditions at the Site differing from those indicated in this Contract.

C. Unknown physical conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

City will promptly investigate the condition and if it finds that the conditions do materially so differ, or do involve regulated material, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, City will issue a change order under the procedures described in this Contract. For regulated materials, City reserves the right to use other forces for exploratory work to identify and determine the extent of such material and for removing regulated material from such areas.

In the event that a dispute arises between City and Contractor on whether the conditions materially differ or on Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Contract but shall proceed with all work to be Project No. 2010-01
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performed under the Contract. Contractor shall retain any and all rights provided either by this Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

3.7 Cost Reduction Incentive
The Contractor may submit to the Engineer, in writing, proposals for modifying the plans, specifications or other requirements of the contract for the sole purpose of reducing the total cost of construction. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the project, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards.

Cost reduction proposals shall contain the following information:

A. A description of both the existing contract requirements for performing the work and the proposed changes.

B. An itemization of the contract requirements that must be changed if the proposal is adopted.

C. A detailed estimate of the cost of performing the work under the existing contract and under the proposed change. The estimates of cost shall be determined in the same manner as if the work were to be paid for on a force account basis as provided in Section 3.4, "Cost of Work." D. A statement of the time within which the Engineer must make a decision thereon.

E. The contract items of work affected by the proposed changes, including any quantity variation attributable thereto.

The provisions of this Section 3.7 shall not be construed to require the Engineer to consider any cost reduction proposal which may be submitted hereunder; proposed changes in basic design of a bridge or of a pavement type will not be considered as an acceptable cost reduction proposal; and the City will not be liable to the Contractor for failure to accept or act upon any cost reduction proposal submitted pursuant to this section nor for any delays to the work attributable to any cost reduction proposal. If a cost reduction proposal is similar to a change in the plans or specifications, under consideration by the City for the project, at the time the proposal is submitted or if the proposal is based upon or similar to Standard Specifications, standard special provisions or Standard Plans adopted by the City after the advertisement for the contract, the Engineer will not accept the proposal, and the City reserves the right to make the changes without compensation to the Contractor under the provisions of this section
The Contractor shall continue to perform the work in accordance with the requirements of the contract until an executed change order, incorporating the cost reduction proposal has been issued. If an executed change order has not been issued by the date upon which the Contractor's cost reduction proposal specifies that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, the cost reduction proposal shall be deemed rejected.

The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings in construction costs from the adoption of all or any part of the proposal. In determining the estimated net savings, the right is reserved to disregard the contract bid prices if in the judgment of the Engineer, those prices do not represent a fair measure of the value of work to be performed or to be deleted.

The City reserves the right where it deems such action appropriate, to require the Contractor to share in the City's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of considering the proposal. Where this condition is imposed, the Contractor shall indicate acceptance thereof in writing, and that acceptance shall constitute full authority for the City to deduct amounts payable to the City from any moneys due or that may become due to the Contractor under the contract.

If the Contractor's cost reduction proposal is accepted in whole or in part the acceptance will be by a contract change order. The change order shall incorporate the changes in the plans and specifications which are necessary to permit the cost reduction proposal or that part of it as has been accepted to be put into effect, and shall include any conditions upon which the City's approval thereof is based if the approval of the City is conditional. The change order shall also set forth the estimated net savings in construction costs attributable to the cost reduction proposal effectuated by the change order, and shall further provide that the Contractor be paid 50 percent of that estimated net savings amount. The Contractor's cost of preparing the cost reduction incentive Project No. 2010-01
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proposal and the City's costs of investigating a cost reduction incentive proposal, including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net savings in construction costs.

Acceptance of the cost reduction proposal and performance of the work thereunder shall not extend the time of completion of the contract unless specifically provided for in the contract change order authorizing the use of the cost reduction proposal.

The amount specified to be paid to the Contractor in the change order which effectuates a cost reduction proposal shall constitute full compensation to the Contractor for the cost reduction proposal and the performance of the work thereof pursuant to the change order.

The City expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the City when it determines that the proposal is suitable for application to other contracts.

When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted that proposal will be eligible for compensation pursuant to this section, and in that case, only as to those contracts awarded to that Contractor prior to submission of the accepted cost reduction proposal and as to which the cost reduction proposal is also submitted and accepted. Cost reduction proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this Section 3.7 if the identical or similar previously submitted proposals were not adopted for general application to other contracts administered by the City. Subject to the provisions contained herein, the City or any other public agency shall have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor.

Contractor may submit to City, in writing, proposals for modifying the Drawings, Specifications, or other requirements of the Contract for the sole purpose of reducing the total cost of construction.

Prior to preparing a written cost reduction proposal, Contractor shall request a meeting with City to discuss the proposal in concept. Items of discussion will also include permit issues, impact on other projects, impact on the project schedule, peer reviews, overall merit of the proposal, and review times required by City and other agencies.

If a cost reduction proposal submitted by Contractor, and subsequently approved by City, provides for a reduction in contract time, 50 percent of that contract time reduction shall be credited to City by reducing the contract working days, not including plant establishment.

If a cost reduction proposal submitted by Contractor, and subsequently approved by City, provides for a reduction in traffic congestion or avoids traffic congestion during construction, 60 percent of the estimated net savings in construction costs attributable to the cost reduction proposal will be paid to Contractor. Contractor shall provide detailed comparisons of the traffic handling between the existing contract and the proposed change, and estimates of the traffic volumes and congestion.

3.8 Dust Control
During the performance of all work under this Contract, Contractor shall assume all responsibility for dust control and shall furnish all labor, equipment, and means required to carry out proper and efficient measures wherever and whenever dust control is necessary to prevent operations from producing dust damage and nuisance to persons and property. Any claims resulting therefrom shall be borne solely by Contractor.

3.9 Excavation Safety Plans
Attention is directed to Section 6705 of the Labor Code concerning trench excavation safety plans. Excavations five (5) feet or more in depth shall not begin until Contractor has submitted and City has returned indicating “In Receipt Of’” Contractor’s detailed plan for worker protection from the hazards of caving ground during such excavations. The plan may be reviewed by City for completeness in accordance with federal, state and local regulations. City will not be responsible for reviewing the accuracy of assumptions, data and information used, and procedures contained in the plan or the adequacy thereof. Such plans shall show the details of the design of shoring, bracing, sloping, or other provisions to be made for worker protection during such excavation. The plan shall not allow the use of shoring, sloping, or a protective system less effective than that required by the Construction Safety Orders; and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan (including calculations) shall be prepared, signed and stamped by an Project No. 2010-01
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engineer registered as a Civil or Structural engineer and an engineer registered as a Geotechnical Engineer, in the State of California pursuant to Sections 6700 et seq. of the Business & Professions Code.

Such plans shall be accompanied by a copy of the Permit to Excavate that has been issued by the Division of Occupational Safety and Health as required by Labor Code Section 6500 and following.

To the extent applicable, the Construction Safety Orders of the Division of Occupational Safety and Health shall apply to all excavations.

This Section shall be applicable regardless of Contract Price.

3.10 Asbestos-Related Work
Contractor’s attention is directed to Section 7058.5 of the Business and Professions Code which states that from and after January 1, 1987, no Contractor shall engage in asbestos-related work, as defined, who is not certified by Contractor’s State License Council to do so.

Contractor’s attention is also directed to Section 6501.5, and following, of the Labor Code relative to asbestosrelated work and to provisions of the General Industry Safety Orders of Title 8 of the Code of Regulations and to the BAAQMD’s Rule.

When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and Contractor encounters materials which Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, Contractor may continue work in unaffected areas reasonably believed to be safe. Contractor shall immediately cease work in the affected area and report the condition to City in writing.

In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract.

If delay of work in the area delays the current controlling operation, Contractor may be entitled to a time extension (without additional compensation) as provided in Section 3.5, Change in Contract Time.

3.11 Substitutions
This paragraph describes procedures for selecting products and requesting substitutions of unlisted materials in lieu of materials named in the Specifications or approved for use in Addenda that were not already the subject of a Document 00660 (Substitution Request Form) submittal as provided in Document 00200 (Instructions to Bidders).

Contractor’s Options:

For products specified only by reference standard Contractor may select any product meeting that standard.

For products specified by naming one or more products or manufacturers, Contractor may select products of any named manufacturer meeting the Specifications.

If product becomes unavailable due to no fault of Contractor, submit Request for Substitution (RFS), including all information contained in this Document and a fully executed Document 00660 (Request for Substitution), but using the term ”Contractor” each place the term ”Bidder” appears in that form.

Substitutions:

Except as provided in Document 00200 (Instructions to Bidders) with respect to “or equal” items, City will consider Contractor’s substitution requests only when product becomes unavailable due to no fault of Contractor. Requests for review of proposed substitute items will not be accepted from anyone other than Contractor. The RFS shall state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice Contractor’s achievement of Substantial Completion on time, and whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for work on the Project).

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Submit separate RFS (and FOUR copies) for each product and support each request with:

A. Product identification.

B. Manufacturer’s literature.

C. Samples, as applicable.

D. Name and address of similar projects on which product has been used, and dates of installation.

E. Name, address, and telephone number of manufacturer’s representative or sales engineer.

F. For construction methods: Detailed description of proposed method; drawings illustrating methods.

Where required, itemize a comparison of the proposed substitution with product specified and list significant variations including, but not limited to dimensions, weights, service requirements, and functional differences. If variation from product specified is not pointed out in submittal, variation will be rejected even though submittal was favorably reviewed. Identify all variations of the proposed substitute from that specified in the RFS and indicate available maintenance, repair, and replacement service.

State whether the substitute will require a change in any of the Contract Documents (or provisions of any other direct contract with City for work on the Project) to adapt the design of the proposed substitute, and whether or not incorporation or use of the substitute in connection with Work is subject to payment of any license fee or royalty. Submit data relating to changes in construction schedule.

Include accurate cost data comparing proposed substitution with product and amount of net change in Contract Sum including, but not limited to, an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by City in evaluating the proposed substitute.

City may require Contractor to furnish additional data about the proposed substitute.

City will not consider substitutions for acceptance (or, in City’s sole discretion, City may make Contractor solely responsible for all resulting costs, expenses and other consequences) when a substitution:

A. Results in delay meeting construction Milestones or completion dates.

B. Is indicated or implied on submittals without formal request from Contractor.

C. Is requested directly by Subcontractor or supplier.

D. Acceptance will require substantial revision of Contract Documents.

E. Disrupts Contractor’s job rhythm or ability to perform efficiently.

Substitute products shall not be ordered without written acceptance of City.

City will determine acceptability of proposed substitutions and reserve right to reject proposals due to insufficient information.

Accepted substitutions will be evidenced by a Change Order. All Contract Documents requirements apply to Work involving substitutions.

Contractor’s RFS constitutes a representation and warranty that Contractor:

A. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product.

B. Will provide the same warranty for substitution as for specified product.

C. Will coordinate installation and make other changes that may be required for Work to be complete in all respects.

D. Waives claims for additional costs which may subsequently become apparent.

E. Will compensate City for additional redesign costs associated with substitution.

F. Will be responsible for Construction Schedule slippage due to substitution.

G. Will be responsible for Construction Schedule delay due to late ordering of available specified products caused by requests for substitution that are subsequently rejected by City.

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H. Will compensate City for all costs; including extra costs of performing Work under Contract Documents, extra cost to other contractors, and any claims brought against City, caused by late requests for substitutions or late ordering of products.

City will review Contractor’s RFS with reasonable promptness and notify Contractor in writing of decision to accept or reject requested substitution
Specified products, materials, or systems for Project may include engineering or on-file standards required by the regulatory agency. Contractor’s substitution of products, materials or systems may require additional engineering, testing, reviews, approvals, assurances, or other information for compliance with regulatory agency requirements or both. Provide all agency approvals or other additional information required and pay additional costs for required City services made necessary by the substitution at no increase in Contract Sum or Contract Time, and as a part of substitution proposal

3.12 Hazardous Materials / Waste
Comply with Sections 5163 through 5167 of the General Industry Safety Orders (California Code of Regulations, Title 8) to protect the Site from being contaminated by the accidental release of any hazardous materials and/or waste.

If Contractor encounters subsurface contamination, the following provisions and precautionary measures shall be implemented during construction:

Contractor's personnel shall be alert for and immediately report to City any detectable chemical odors, unusual debris, or discolored soil.

Should the discovery of contaminants cause delay to Contractor’s operations, extension of Contract Time will be granted by City in accordance with Document 00700 (General Conditions). Contractor will not be entitled to damages or additional payment due to such delay.

If hazardous materials are encountered, they shall be handled in accordance with applicable local, state, and federal regulations which may include: (1) CCR Title 8, Division 4, Chapter 4, Section 5192 (Hazardous Waste Operations and Emergency Response); (2) CCR, Title 22, Division 4.5, Chapters 10 through 13 and 18 (Environmental Health Standards for Management of Hazardous Waste); and (3) CCR Title 23, Division 3, Chapter 15 (Discharges of Waste to Land).

Disposal requirements: Soils containing hazardous materials shall be disposed by Contractor at permitted treatment, recycling, or disposal facilities in accordance with CCR Title 23, Division 3, Chapter 15 (Discharges of Waste to Land). Determine to which permitted treatment, recycling, or disposal facilities the soil will be delivered.

Fees: Pay for any fees associated with the treatment, recycling, or disposal of these soils. Any additional soil sampling and chemical analyses required for acceptance of the soil at facilities other than those described above shall be the responsibility of Contractor.

Transport: Transport the soils to the selected facilities under approved manifests and submit copies of these manifests and the facility weight tickets to City.

Dewatering: Construct, operate and maintain as required to complete the Work all necessary cofferdams, channels, pipes, flumes, drains, sumps, well points and protective works; and furnish, install, operate and maintain all necessary pumping and other equipment for dewatering the areas of Work suspected of containing hazardous materials; and control all surface flow and groundwater as may be encountered while performing the Work.

Remove all water that may accumulate in the excavation while the Work progresses so that all Work can be performed in dry conditions. All contaminated water shall be removed from the excavation before it is backfilled.

The excavation shall be kept free from water until backfilling has progressed to a height above the water source.

Storage tank: Provide a minimum 2,500-gallon double-walled water storage tank on Site for the duration of the Work. If more storage capacity is needed, provide additional storage tanks on Site.

Water sampling and chemical analysis: Water samples shall be collected from the holding tanks and submitted to a State-Certified chemical analysis laboratory. Chemical analyses required for the samples shall at a minimum Project No. 2010-01
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include: TPHg following EPA Test Methods 5030/8015 (modified); benzene, toluene, ethylbenzene, and total xylenes (BTEX) following EPA Test Method 8020; and chlorinated solvents following EPA Test Method 8010.

Perform additional chemical analyses that may be required for disposal or recycling of the water. Laboratory chemical analysis reports associated with the water samples shall be provided to City.

Removal of dewatering equipment: After having served their purpose, all protective works, including the temporary water storage tank(s) and dewatering pumps, shall be decontaminated and removed from the Site.

Contractor is responsible for permanent disposal of all equipment that cannot be decontaminated or recycled in accordance with all applicable laws and regulations.

3.13 Inert Solids and Plant Materials Recycling
The Contractor shall have all asphalt concrete, Portland cement concrete, aggregate base material, inert solids and any plant material removed from the project site and deposited at a recognized acceptable recycling facility. Inert solids and plant materials shall not be disposed of at landfills.

It is the Contractor's responsibility to conform the above material to an acceptable size and composition in order to enable the acceptance of this material at a recognized inert solid or other acceptable recycling facility. All recycling facilities may be subject to the approval of the Engineer.

Recycling shall include the transportation and disposal of the material as specified in these specifications and as directed by the Engineer.

Documentation shall be submitted to the City Inspector for each load of inert solid and plant material removed from the project site on a daily basis. Failure to submit this documentation on a timely basis may delay progress payments. This documentation shall include the following:

A. Project title
B. Date and time
C. Truck number
D. Type of material
E. Weight of material
F. Name and address of recycling facility
G. Certification by recycling facility
Also contractor must report the total amount in tons of material disposed of at a landfill. Provide information the following information: Project name, date and time, truck number, type of material, weight of material, name of landfill facility and address.

Collection of Debris:

Debris from a project in Cupertino can be collected and disposed of in either a:

A. Los Altos Garbage Co. bin (call 725-4020 to order), OR B. bin owned by the project’s general contractor or demolition contractor, and hauled by a vehicle owned and registered to that contractor; (contractor should be prepared to prove ownership) OR C. private truck with a bed, but no bin
The Los Altos Garbage Company is the only debris bin service provider franchised to do business in Cupertino.

Bins from other leasing companies may not be used in Cupertino.

Recyclable Materials
Recyclable materials may be collected in private debris bins or containers leased from ANY company, as long as the materials are both:

A. separated by type of material into separate containers, AND Project No. 2010-01
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B. are not contaminated by garbage.

Separated recyclable materials are materials that are separated into individual containers, each containing just one type of recyclable material. Typical examples of recyclable materials include: metal, wood, concrete, steel-reinforced concrete, asphalt, tree trimmings, white goods, toilets, rocks and clean fill dirt. Separated recyclables must ultimately be recycled or otherwise reused, and not disposed of in a landfill.

Contractor should be prepared to provide the name and phone number of any recycling companies being used on the project. A list of some local recycling companies that can accept separated recyclable materials is available in the literature display rack in the downstairs Planning/Building Department lobby in City Hall.

3.14 Storm Water Pollution Control
In compliance with the State and Federal regulations regarding storm water management during construction, no waste materials or pollutants will be allowed to enter the storm drainage system. In addition to reducing downstream erosion and sedimentation, keeping pollutants and other debris out of storm drains reduces the direct discharge of materials and wastes to local creeks and San Francisco Bay.

The Contractor shall contain and remove any waste generated by the Contractor's construction operation using the appropriate Best Management Practices (BMPs) and shall properly dispose of the waste or pollutants offsite. If solid or liquid waste materials or pollutants originating from the Contractor's operation enter the storm drain system, the Contractor will be required to thoroughly clean up the affected catch basins, storm sewer and storm manholes to the satisfaction of the Engineer. If the Contractor fails to meet the requirements of this section, the City will issue a stop-work notice and take necessary action to require the Contractor to set up the preventive measures or clean up the storm drainage system as the case may be. All costs related to the stopwork action and corrective work shall be solely borne by the Contractor.

The following requirements shall be implemented to prevent the pollution of storm water runoff from construction projects.

General Requirements
Water pollution control work shall conform to the provisions in this Document, the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity No. CAS000002 (NPDES Construction General Permit) and these provisions. For additional information regarding the requirements of the NPDES Construction General Permit, refer to the State Water Resources Control Board web site at http://www.swrcb.ca.gov/stormwtr/construction.html.

The Contractor shall be responsible for the costs and liabilities imposed by law as a result of the Contractor's failure or negligence in complying with the provisions set forth in this section and in the "Erosion and Storm Water Quality Control" section of the technical specifications for this project. For the purposes of this section, costs and liabilities include, but are not limited to, fines, penalties and damages whether assessed against the City or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act.

In addition to the remedies authorized by law, partial payments due the Contractor under the contract may be retained by the City until financial and legal disposition has been made of the costs and liabilities.

The retention of money due the Contractor shall be subject to the following:

A. The Engineer will give the Contractor thirty (30) days notice of the City's intention to retain funds from partial payments that may become due to the Contractor prior to acceptance of the contract.

Retention of funds from payments made after acceptance of the contract may be made without prior notice to the Contractor.

B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06, "Partial Payments," of the Standard Provisions.

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C. If the City has retained funds and it is subsequently determined that the City is not subject to the costs and liabilities in connection with the matter for which the retention was made, the City shall be liable for interest on the amount retained at the legal rate of interest for the period of the retention.

Conformance with the provisions of this section and the "Erosion and Storm Water Quality Control" section of the technical specifications for this project shall not relieve the Contractor from the Contractor's responsibilities, as provided in Section 7, "Legal Relations and Responsibilities," of the Standard Specifications.

Storm Water Pollution Prevention Plan Preparation
The Contractor shall incorporate the following Best Management Practices (BMPs), as applicable, into the sitespecific Storm Water Pollution Prevention Plan (SWPPP) required for this project.

The following requirements shall be met on all projects within the City of Cupertino.

Non Hazardous Material/Waste Management
A. CONTRACTOR shall propose designated areas of the project site, for approval by the CITY ENGINEER, suitable for material delivery, storage, and waste collection that, to the maximum extent practicable, are near construction entrances and away from catch basins, gutters, drainage courses, and creeks.

B. CONTRACTOR shall store granular material at least ten feet away from catch basin and curb returns.

C. CONTRACTOR shall not allow granular material to enter the storm drains or creeks.

D. When rain is forecast within 24 hours or during wet weather, the CITY ENGINEER may require the CONTRACTOR to cover granular material with a tarpaulin and to surround the material with sand bags.

E. CONTRACTOR shall use minimal amounts of water to control dust on a daily basis or as directed by the CITY ENGINEER.

F. At the end of each working day or as directed by the CITY ENGINEER, the CONTRACTOR shall clean and sweep roadways and on-site paved areas of all materials attributed to or involved in the work.

G. CONTRACTOR shall not use water to flush down streets in place of street sweeping.

H. CONTRACTOR shall recycle aggregate base material, asphalt concrete, and Portland cement concrete as described in Section C, Special Provisions, section Inert Solids Recycling, of these Specifications.

I. In addition, to the maximum extent practicable, the CONTRACTOR shall reuse or recycle any useful construction materials generated during the project.

J. At the end of each working day, the CONTRACTOR shall collect all scrap, debris, and waste material, and dispose of such materials properly.

K. CONTRACTOR shall inspect dumpsters for leaks and contact trash hauling contractors to replace or repair dumpsters that leak.

L. CONTRACTOR shall not discharge water on-site from cleaning dumpsters.

M. CONTRACTOR shall arrange for regular waste collection before dumpsters overflow.

Hazardous Material/Waste Management
A. The CONTRACTOR shall label and store all hazardous materials, such as pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, such as waste oil and antifreeze; in accordance with the City of Cupertino Hazardous Materials Storage Ordinance and all applicable State and Federal regulations.

B. CONTRACTOR shall store all hazardous materials and all hazardous wastes in accordance with secondary containment regulations, and it is recommended that these materials and wastes be covered, as needed, to avoid potential management of collected rain water as a hazardous waste.

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C. CONTRACTOR shall keep an accurate, up-to-date inventory, including Materials Safety Data Sheets (MSDSs), of hazardous materials and hazardous wastes stored on-site, to assist emergency response personnel in the event of a hazardous materials incident.

D. When rain is forecast within 24 hours or during wet weather, the CITY ENGINEER may prevent the CONTRACTOR from applying chemicals in outside areas.

E. CONTRACTOR shall not over-apply pesticides or fertilizers and shall follow materials manufacturer’s instructions regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals.

Over-application of a pesticide constitutes a “label violation” subject to an enforcement action by the Santa Clara County Agriculture Department.

F. The CONTRACTOR shall arrange for regular hazardous waste collection to comply with time limits on storage of hazardous wastes.

G. The CONTRACTOR shall dispose of hazardous waste only at authorized and permitted treatment, storage and disposal facilities, and use only licensed hazardous waste haulers to remove the waste offsite, unless quantities to be transported are below applicable threshold limits for transportation specified in Sate and Federal regulations.

H. If the CONTRACTOR’S business office is located in Santa Clara County then the CONTRACTOR may dispose of this waste through the Countywide Household Hazardous Waste Program. Information on this program may be requested by calling (408) 299-7300.

Spill Prevention and Control
A. The CONTRACTOR shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site.

B. The CONTRACTOR shall immediately contain and prevent leaks and spills from entering storm drains, and properly clean up and dispose of the waste and cleanup materials. If the waste is hazardous, the CONTRACTOR shall handle the waste as described in section above.

C. The CONTRACTOR shall not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials.

D. The CONTRACTOR shall report any hazardous materials spill by calling 911.

Vehicle/Equipment Cleaning
A. The CONTRACTOR shall not perform vehicle or equipment cleaning on-site or in the street using soaps, solvents, degreasers, steam cleaning equipment, or equivalent methods.

B. The CONTRACTOR shall perform vehicle or equipment cleaning, with water only, in a designated, bermed area that will not allow rinse water to run off-site or into streets, gutters, storm drains, or creeks.

Vehicle/Equipment Maintenance and Fueling
A. CONTRACTOR shall perform maintenance and fueling of vehicles or equipment in a designated, bermed area or over a drip pan that will not allow run-on of storm water or runoff of spills.

B. CONTRACTOR shall use secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed, or poured.

C. CONTRACTOR shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site.

D. CONTRACTOR shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste, as described above.

E. CONTRACTOR shall not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials.

F. CONTRACTOR shall report any hazardous materials spill by calling 911.

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G. CONTRACTOR shall inspect vehicles and equipment arriving on-site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made. Shut-off valves on equipment must be working properly.

H. CONTRACTOR shall comply with Federal, State and City requirements for aboveground storage tanks.

Contractor Training and Awareness
A. CONTRACTOR shall train all employees/subcontractors on the storm water pollution prevention requirements contained in these Specifications.

B. CONTRACTOR shall inform subcontractors of the storm water pollution prevention contract requirements and include appropriate subcontract provisions to ensure that these requirements are met.

C. CONTRACTOR shall post warning signs in areas treated with chemicals.

D. CONTRACTOR shall paint new catch basins, constructed as part of the project, with the “No Dumping” stencil available from Cupertino Public Works Department at City Hall (408) 777-3354.

Activity-Specific Requirements
The following requirements shall be met on all projects within the City of Cupertino that include the listed activities.

Dewatering Operations
A. CONTRACTOR shall route water through a control measure, such as a sediment trap, sediment basin, or Baker tank, to remove settleable solids prior to discharge to the storm drain system. Refer to California Storm Water Management Practice Handbook for these control measures.

B. Approval of the control measure shall be obtained in advance from the CITY ENGINEER.

C. Filtration of the water following the control measure may be required on a case-by-case basis.

D. If the CITY ENGINEER determines that the dewatering operation would not generate an appreciable amount of settleable solids, the control measure requirement in 1) above may be waived.

E. CONTRACTOR shall reuse water for other needs, such as dust control or irrigation, to the maximum extent practicable.

Paving Operations
A. When rain is forecast within 24 hours or during wet weather, the CITY ENGINEER may prevent the CONTRACTOR from paving.

B. The CITY ENGINEER may direct the CONTRACTOR to protect drainage courses by using control measures, such as earth dike, straw bale, and sand bag, to divert runoff or trap and filter sediment.

Refer to California Storm Water Best Management Practice Handbook for these control measures.

C. The CONTRACTOR shall place drip pans or absorbent material under paving equipment when not in use.

D. The CONTRACTOR shall cover catch basins and manholes when paving or applying seal coat, tack coat, slurry seal, or fog seal.

E. If the paving operation includes an on-site mixing plant, the CONTRACTOR shall comply with Santa Clara County General Industrial Activities Storm Water Permit requirements.

F. The CONTRACTOR shall preheat, transfer or load hot bituminous material away from drainage systems or watercourses.

G. The CONTRACTOR shall not sweep or wash down excess sand (placed as part of a sand seal or to absorb excess oil) into streets, gutters, storm drains, or creeks. Instead, the CONTRACTOR shall either collect the sand and return it to the stockpile, or dispose of it in a trash container. The CONTRACTOR shall not use water to wash down fresh asphalt concrete pavement.

Saw Cutting
A. During saw cutting and grinding operations, use as little water as possible.

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B. During saw cutting, the CONTRACTOR shall cover or barricade catch basins using control measures, such as filter fabric, straw bales, sand bags, and fine gravel dams, to keep slurry out of the storm drain system. When protecting a catch basin, the CONTRACTOR shall ensure that the entire opening is covered. Refer to California Storm Water Best Management Practice Handbook for these control measures.

C. The CONTRACTOR shall shovel, absorb or vacuum saw cut slurry and pick up the waste prior to moving to the next location or at the end of each working day, whichever is sooner.

D. If saw cut slurry enters catch basins, the CONTRACTOR shall remove the slurry from the storm drain system immediately.

Traffic Detector Loop Installation and Repair
A. Protect nearby storm drain inlets prior to cutting or flushing slot for traffic detector loops. Block or berm around nearby storm drain inlets using sand bags or an equivalent barrier or use absorbent materials such as pads, pillows and socks to contain slurry.

B. Clean up residues by sweeping up as much material as possible and dispose of material properly.

Concrete, Grout and Mortar Waste Management
A. The CONTRACTOR shall avoid mixing excess amounts of fresh concrete or cement mortar on-site.

B. The CONTRACTOR shall store concrete, grout and mortar away from drainage areas and ensure that these materials do not enter the storm drain system.

C. The CONTRACTOR shall not wash out concrete trucks or equipment into streets, gutters, storm drains, or creeks.

D. The CONTRACTOR shall perform washout of concrete trucks or equipment off-site or in a designated area on-site where the water will flow onto dirt or into a temporary pit in a dirt area. The CONTRACTOR shall let the water percolate into the soil and dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, the CONTRACTOR shall collect the wash water and remove it off-site.

E. The CONTRACTOR shall avoid creating runoff by draining water from washing of exposed aggregate concrete to a dirt area. If a suitable dirt area is not available, then the CONTRACTOR shall filter the wash water through straw bales or equivalent material before discharging to the storm drain.

F. The CONTRACTOR shall collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in a trash container.

Painting
A. CONTRACTOR shall conduct cleaning of painting equipment and tools in a designated area that will not allow run-on of storm water or runoff of spills.

B. CONTRACTOR shall not allow wash water from cleaning of painting equipment and tools into streets, gutters, storm drains or creeks.

C. CONTRACTOR shall remove as much excess paint as possible from brushes, rollers and equipment before starting cleanup.

D. To the maximum extent practicable, the CONTRACTOR shall dispose of wash water from aqueous cleaning of equipment and tools to the sanitary sewer.

E. Otherwise, the CONTRACTOR shall direct wash water onto dirt area and spade in.

F. CONTRACTOR shall remove as much excess paint as possible from brushes, rollers and equipment before starting cleanup.

G. To the maximum extent practicable, the CONTRACTOR shall filter paint thinner and solvents for reuse.

H. CONTRACTOR shall dispose of waste thinner and solvent and sludge from cleaning of equipment and tools as hazardous waste, as described above.

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I. CONTRACTOR shall store paint, solvents, chemicals, and waste materials in compliance with the City of Cupertino Hazardous Materials Storage Ordinance and all applicable State and Federal regulations.

The CONTRACTOR shall store these materials in a designated area that will not allow run-on of storm water or runoff of spills.

J. CONTRACTOR shall dispose of excess thinners, solvents, oil and water-based paint as hazardous waste.

K. CONTRACTOR shall dispose of dry, empty paint cans/buckets, old brushes, rollers, rags, and drop cloths in the trash.

Earthwork
CONTRACTOR shall maximize the control of erosion and sediment by using the Best Management Practices for erosion and sedimentation in the California Storm Water Best Management Practice Handbook - Construction Activity or ABAG Manual of Standards for Erosion and Sediment Control Measures.

Thermoplastic
A. The CONTRACTOR shall transfer and load hot thermoplastic away from drainage systems or watercourses.

B. The CONTRACTOR shall sweep thermoplastic grindings into plastic bags. Yellow thermoplastic grindings may require special handling as they may contain paint.

Pesticide Usage and Pest Management
A. Follow all federal, state, and local policies (including the City’s Integrated Pest Management Policy, see below), law and regulations governing the use, storage, and disposal of pesticides and training of pest control advisors and applicators.

B. Employ integrated pest management methods, including:

1. No controls;

2. Physical and/ or mechanical methods;

3. Environmental controls (mulching, pest-resistant vegetation)

4. Biological controls (predators, parasites, etc.);

5. Less toxic controls (soaps and oils etc.) and;

6. Hot water.

C. Use the least toxic pesticides that will do the job, provided there is a choice. The agency will take into consideration the LD50, overall risk to the applicator, and impact to the environment.

D. Apply pesticides at the appropriate time to maximize their effectiveness and minimize the likelihood of discharging non-degraded pesticides in stormwater runoff. Avoid application of pesticides if rain is expected.

E. Employ techniques to minimize off-target application (e.g. spray drift) of pesticided, including consideration of alternative application techniques. For example, when spraying is necessary, increase drop size, lower application pressure, use surfactants and adjuvants, using wick application, etc.

F. Mix and apply only as much material as is necessary for treatment. Calibrate application equipment prior to and during use to ensure desired application rate.

G. Do not mix or load pesticides in application equipment adjacent to a storm drain inlet culvert or watercourse.

H. Irrigate slowly to prevent runoff and then only as much as is needed.

I. Use of Clopyralid, Diazinon, Chlorpyrifos (Dursban or Lorsdan), Chloradane, DDT, Dieldrin or other organophosphates, and any product containing copper, is prohibited.

Prior to application of any pesticides, Contractor must receive approval for application from the City’s licensed pest control advisor (777-3343). Contractor must provide the pest control advisor with monthly summaries of pesticide use (City to provide forms for the summary).

IPM Policy: The City adopted an IPM policy that calls for employees and city contractors to use reduced-risk Integrated Pest Management (IPM) techniques, giving preference to reasonably available non-pesticide Project No. 2010-01
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alternatives, and reduced-risk pesticides. Contractors that conduct pest control and pesticide application on municipal property are responsible to ensure that pest control methods are consistent with the city’s IPM Policy, Reporting: Contractor is required to provide the city with specific information about pesticide use on city property, monthly. Cupertino is required by law to collect and consolidate and report information about all pesticides applied on city property by city staff and city contractors.

Contractor’s reporting to City shall include the following:
• commercial name of pesticide
• active ingredient
• EPA ID #
• total quantity of product used
• percent of active ingredient in the product
Pesticide Storage
A. To minimize quantities of pesticides stored, purchase what is needed for use in the near future.

B. Implement storage requirements for pesticide products with guidance from the local fire department and the Santa Clara County Agricultural Commissioner. Provide secondary containment for pesticides, if required.

C. Provide spill kits, store the kits near pesticides, and train employees to use them.

D. Store pesticides in a locked and posted individual storage unit. Pesticides should not be stored where they could be exposed to rain or irrigation water, causing pesticide runoff to storm drains or creeks.

E. Store pesticides only in labeled containers.

Pesticide Use
A. Dispose of empty pesticide containers according to the instructions on the container label.

B. Dispose of unused pesticides as hazardous wastes in accordance with applicable regulations.

References and Sources for Pesticide Regulations
• California Code of Regulations, Title 3 (www.calregs.com\default.htm) • California Food and Agricultural Code Division 6 and Division 7 • Santa Clara County Agricultural Commissioner
• Department of Pesticide Regulation
• Structural Pest Control Board, California Department of Consumer Affairs CITY’S INTEGRATED PEST MANAGEMENT PLAN

STANDARD OPERATING PROCEDURES
This section contains the City of Cupertino's pest management standard operating procedures (SOPs), and supporting documents.
• Introduction
• Guidelines
• Definitions

INTRODUCTION
These Standard Operating Procedures (SOPs) describe the city's IPM approach to controlling the city's common pest problems. The SOPs must be followed unless, either the City's Pest Control Advisor (PCA), or the designated City Representative, decides to alter an SOP in response to the discovery that:
• an SOP is ineffective and should be improved
• effective and reduced-risk new pest control products have become available Project No. 2010-01
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• new techniques have been discovered, or
• in the case of an emergency.

If the City's Pest Control Advisor or the City Representative have determined that the SOPs description in this document no longer accurately reflects the city's field practices, these SOPs descriptions should be updated.

The City of Cupertino has inventoried the departments in the city that use pesticides and has created formal SOPs that reflect the existing practices followed by city staff and contractors to resolve pest problems on city properties. The SOPs presented here are grouped by the responsible Department or Division:

Medians, Right-of-Way, and Parks
Performed by the Public Works Dept, Grounds Div. and Streets Div. city staff City Facilities – structural
Performed by the Public Works Dept.: Facilities Division’s contractor City’s Golf Course
Performed by the Parks and Recreation Dept.: Blackberry Farm golf course maintenance contractor

GUIDELINES
SOPs include the following elements:

1. Target pest
Pest must be identified.

2. Location
Including the type of plant, or a specific site in a specific building.

3. Threshold level that would require a corrective action.

The city's PCA, or the contracted PCA, will determine the tolerance level for each pest, taking into account the following: Use of the property
• Aesthetic value of the site
• Health considerations (of workers and of the public)
• Economic loss (e.g., potential for damage to existing landscape) When threshold limits are reached in city parks, medians, or street trees, the problem should be reported to the city's PCA.

When threshold limits are reached at city buildings, the problem should be reported to the Public Work Dept., Facilities Division supervisor.

When threshold limits are reached at the city's golf course, the problem should be reported to the city's Recreation Supervisor at Blackberry Farm Golf Course and the Public Works Environmental Division.

4. Monitoring procedures
• To allow staff or contractor to become aware that the threshold level is reached. • To allow staff or contractor to evaluate the effectiveness of the control measure.

Monitoring should be performed by the designated personnel responsible for each area (i.e., for each of the city parks, or city facilities). Monitoring should be performed periodically, as part of routine maintenance. The designated responsible personnel should keep records of Project No. 2010-01
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monitoring observations. Annual evaluations of the currently used control measures should be included in an annual pest control evaluation (part of the city's Urban Runoff Management Program Annual Report that is submitted every August).

5. History of the problem
Any patterns observed? Specific conditions that trigger pest infestation? For example: Is pest problem triggered by a season, weather change, use of facility, behavior of occupants, particular individuals, incorrect cultural/maintenance practices, sanitary problems, choice of plants, etc.? Include here detail of any specific cultural control measures that have been implemented already to avoid pest problems by providing a long-term solution.

6. Control techniques: (to be considered in this order) A. Cultural control measures that could reduce or eliminate the conditions that encourage the presence of pests. Examples:
• Eliminate Habitat: Designing, constructing, or modifying indoor and outdoor areas to reduce or eliminate pest habitats
• Plant Choice: Choose the appropriate plant for the location or choose pest-resistant plants • Cultural practices like: timing watering to avoid plant diseases; mulching to suppress weeds; improving waste management and food storage; setting a high mowing height to smother weeds; mowing roadside weeds for fire suppression purposes (instead of spraying); etc.

B. Physical control measures
Examples: barriers, caulking, screening windows, pulling weeds, vacuuming insects C. Biological pest controls Include the following detail:
• active ingredient
• brand name
• concentration & rate of application
• specific location
• application technique detail and necessary equipment
• timing information
• weather considerations
D. Chemical control measures
Include the following detail:
• active ingredient
• brand name
• toxicity category (e.g. Toxicity Category I pesticides) • concentration & rate of application
• specific location
• application technique detail and necessary equipment
• timing information
• weather considerations
General guidelines for chemical treatment:
• Select non-chemical physical and biological treatments before choosing chemical treatments, wherever possible.
• Use products that are included in the City of San Francisco's "Reduced Risk Pesticide List," wherever possible. If a chemical product is not on that list, consult with the city's Pest Control Advisor to discuss its use. The list is continually reviewed and adjusted by San Francisco staff and their IPM consultant to respond to new information about the products that are listed, those that are excluded, and new products that meet the list's criteria. Cupertino city staff and contractors must annually visit the San Francisco IPM website:

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http://www.sfenvironment.org/downloads/library/2009_rrpl_checklist._sorted_by_ingredient_31709jw.pdf to review any recent changes in the list. Informed by any changes in the list, and any new information available about pesticide safety and effectiveness, Cupertino's Pest Control Advisor should determine if the city wishes to change our pest management SOPs to reflect the new information. • Favor the use of focused and targeted controls over the practice of spraying or broadcasting pesticide applications.
• Avoid the use of Toxicity Category I pesticides by City staff and city contractors (the label's signal word is "Danger").
• Clopyralid, Diazinon or Chlorpyrifos (Dursban) cannot be used by city staff or a city contractor on city property or property maintained by the city.

Availability of Documents:

A copy of these Pest Control SOPs, the "San Francisco Reduced-Risk Pesticide List," and the Pesticide Use Summary will be available at:
• the Public Works Dept. at City Hall (Environmental Div. office) • the corporation yard (Service Ctr. Mgr's office)
The Cupertino Urban Runoff Management Program Annual Report will be available at the Public Works Dept., Environmental Div, at City Hall.

DEFINITIONS

1. Pesticides are defined as any substance or mixture of substances intended for preventing, destroying, or repelling any pest. Pests can be insects, rodents, unwanted plants (weeds), or fungi. The term pesticide applies to insecticides, herbicides, fungicides, rodenticides, and other substances used to control pests.

2. Integrated Pest Management and IPM means a decision-making process for managing pests that uses monitoring to determine pest injury levels and combines biological, cultural, mechanical, physical, and chemical tools and other management practices to control pests in a safe, cost-effective, and environmentally sound manner that contributes to the protection of public health. This method uses extensive knowledge about pysts, such as infestation thresholds, life cycles, environmental requirements (i.e., the need for water, sunlight, heat and air), and natural enemies to complement and facilitate biological and other types of natural control of pests. The method involves the use of non-chemical pest control methods and the careful use of least-toxic chemical methods when non- chemical methods have been exhausted or are not feasible.

3. Toxicity Category I Pesticide Product means any pesticide product that meets United States Environmental Protection Agency criteria for Toxicity Category I under Section 156.10 of Part 156 of Title 40 of the Code of Federal Regulations. These pesticides will have the word "Danger" on the product label. (Category II pesticides have the word “Warning” on the label. Category III pesticides have the word “Caution” on the label.)

4. Threshold Level is the level of pest damage that would trigger city staff or the city's contractor to initiate a corrective action.

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SWPPP Implementation
The Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the BMPs included in the SWPPP or an erosion control plan and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these special provisions, the Contractor's responsibility for SWPPP or the erosion control plan implementation shall continue throughout any temporary suspension of work ordered in conformance with the provisions in Section 7 of this Document.

Throughout the rainy season, the Contractor shall demonstrate the ability and preparedness to fully deploy soil stabilization and sediment control BMPs to protect soil-disturbed areas on the project site before the onset of rain. A quantity of soil stabilization and sediment control materials shall be maintained on site equal to 125 percent of that sufficient to protect unprotected, soil-disturbed areas on the project site. A current inventory of control measure materials and a plan to use them shall be included in the SWPPP or on the erosion control plan.

Throughout the rainy season, active soil-disturbed areas of the site shall be fully protected at the end of each day with soil stabilization and sediment control BMPs unless fair weather is predicted the next day. The Contractor shall monitor the weather forecast on a daily basis. The National Weather Service forecast shall be used. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and functioning BMPs shall be deployed prior to the onset of rain.

BMP Maintenance
To ensure proper implementation and function of BMPs, the Contractor shall regularly inspect and maintain the construction site for the BMPs included in the SWPPP or on an erosion control plan. The Contractor shall identify corrective actions and the time needed to address any deficient BMPs or reinitiate any BMPs that have been discontinued. The Contractor shall keep written records of all BMP inspections, maintenance activities and corrective actions.

The Contractor shall inspect the construction site as follows:

A. Prior to a forecast storm;
B. After any precipitation causes runoff;
C. At 24-hour intervals during extended rain events; and D. Routinely, at a minimum of once every week
If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified BMP, the deficiency shall be corrected immediately. The deficiency may be corrected at a later date and time if requested by the Contractor and approved by the Engineer in writing, but not later than the onset of the subsequent rain event. The correction of deficiencies shall be at no additional cost to the City.

SECTION 4. CONTROL OF WORK

4.1 Authority of City
City shall decide all questions which may arise as to the quality or acceptability of materials furnished and Work performed and rate of progress of the Work, all questions which may arise as to the interpretation of the Drawings and Specifications, and all questions as to the acceptable fulfillment of the Contract on the part of Contractor. City’s decision shall be final. City shall have authority to enforce and make effective such decisions and orders which Contractor fails to carry out promptly.

4.2 Submittals
Submit, at Contractor’s expense, in duplicate sets, the following items (“Submittals”) required by the Contract :

A. Schedule of Shop Drawing and Sample Submittals
B. Safety Plans
C. Progress Schedules
D. Product Data Shop Drawings
E. Samples
F. Coordination Drawings
G. Quality Assurance Control Data
Project No. 2010-01
City of Cupertino 00700-43 General Conditions
BBF Golf Course Maintenance
H. Machine Inventory Sheets
I. Installation, Operation, and Maintenance Manuals
J. Computer Programs
K. Project Record Documents
L. Seismic Submittal Review Forms, where specified.

Submit these Submittals to City for review and approval in accordance with accepted Schedule of Shop Drawings and Samples Submittals. If no such schedule is agreed upon, then all Shop Drawing, Samples, and product data Submittals shall be submitted within 21 Days after receipt of Notice of Award from City.

Transmit each item with a City approved Submittal transmittal form. Identify Project, Contractor, Subcontractor, major supplier, pertinent Drawing sheet and detail number, and Specification Section number as appropriate. Where manufacturer’s standard drawings or data sheets are used, they shall be marked clearly to show those portions of the data that are applicable to this Project. Inapplicable portions shall be marked out.

Submittals shall be submitted based on each Specification Section. Submittals containing information about more than one Specification Document will be returned for resubmittal. Submittals shall include all information requested by each Specification Section. (No partial Submittals.) Incomplete Submittals will be returned not reviewed by City.

The data shown on the Submittals shall be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show City the materials and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes specified in this Document. Submittals shall be identified clearly as to material, supplier, pertinent data such as catalog numbers and the use for which it is intended and otherwise as City may require to enable City to review the Submittal.

The quantity of each Submittal to be submitted will be as required by individual Specification Documents or this Document.

At the time of each submission, give City specific written notice of all variations, if any, that the submitted Submittal may have from the requirements of the Contract Documents, and the reasons therefore. This written notice shall be in a written communication attached to the Submittal transmittal form. In addition, cause a specific notation to be made on each Submittal submitted to City, for review and approval of each such variation. If City accepts deviation, City will note its acceptance on the returned Submittal transmittal form and, if necessary, issue appropriate Contract Modification.

Submittal coordination and verification is responsibility of Contractor; this responsibility shall not be delegated in whole or in part to Subcontractors or suppliers. Before submitting each Submittal, review and coordinate each Submittal with other Submittals and with the requirements of the Work and the Contract Documents, and determine and verify:

A. All field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto; B. All materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work; and C. All information relative to Contractor’s sole responsibilities and of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto.

Contractor’s submission to City of a Submittal shall constitute Contractor’s representation that it has satisfied its obligations under the Contract Documents, and as set forth immediately above in this paragraph, with respect to Contractor’s review and approval of that Submittal.

Designation of work “by others,” if shown in Submittals, shall mean that work will be responsibility of Contractor rather than Subcontractor or supplier who has prepared Submittals.

After review by City of each of Contractor’s Submittals, one (1) set of material will be returned to Contractor with actions defined as follows:

A. NO EXCEPTIONS TAKEN - Accepted subject to its compatibility with future Submittals and additional partial Submittals for portions of the Work not covered in this Submittal. Does not constitute approval or deletion of specified or required items not shown on the Submittal.

Project No. 2010-01
City of Cupertino 00700-44 General Conditions
BBF Golf Course Maintenance
B. MAKE CORRECTIONS NOTED (NO RESUBMISSIONS REQUIRED) - Same as item 1 above, except that minor corrections as noted shall be made by Contractor.

C. REVISE AS NOTED AND RESUBMIT - Rejected because of major inconsistencies or errors that shall be resolved or corrected by Contractor prior to subsequent review by City.

D. REJECTED - RESUBMIT - Submitted material does not conform to Drawings and/or Specifications in major respect, i.e.: wrong size, model, capacity, or material.

Make a complete and acceptable Submittal at least by second submission. City reserves the right to deduct monies from payments due Contractor to cover additional costs of review beyond the second submission.

Illegible Submittals will be rejected and returned to Contractor for resubmission. Contractor shall be in breach of the Contract if Contractor’s first resubmittal, following a Submittal which City determines falls within categories C or D above, does not fall within categories A or B above.

Favorable review will not constitute acceptance by City of any responsibility for the accuracy, coordination and completeness of the Submittals. Accuracy, coordination, and completeness of Submittals shall be sole responsibility of Contractor, including responsibility to back-check comments, corrections, and modifications from City’s review before fabrication. Contractor, Subcontractors, or suppliers may prepare Submittals, but Contractor shall ascertain that Submittals meet requirements of Contract Documents, while conforming to structural space and access conditions at point of installation. City’s review will be only to assess if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as indicated by the Contract Documents. Favorable review of Submittal, method of work, or information regarding materials and equipment Contractor proposes to furnish shall not relieve Contractor of responsibility for errors therein and shall not be regarded as assumption of risks or liability by City, or any officer or employee thereof, and Contractor shall have no claim under Contract Documents on account of failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Favorable review shall be considered to mean merely that City has no objection to Contractor using, upon Contractor’s own full responsibility, plan or method of work proposed, or furnishing materials and equipment proposed.

City’s review will not extend the means, methods, techniques, sequences or procedures of construction or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

Submit complete initial Submittal for those items where required by individual Specification Sections.

Complete Submittal shall contain sufficient data to demonstrate that items comply with Specifications, shall meet minimum requirements for submissions cited in Specification Sections, shall include motor data and seismic anchorage certifications, where required, and shall include necessary revisions required for equipment other than first named. If Contractor submits incomplete initial Submittal when complete Submittal is required, Submittal may be returned to Contractor without review.

Copy, conform, and distribute reviewed Submittals in sufficient numbers for Contractor’s files, Subcontractors, and vendors.

After City’s review of Submittal, revise as noted and resubmit as required. Identify changes made since previous Submittal.

Begin no fabrication or work that requires Submittals until return of Submittals not requiring resubmittal. Do not extrapolate from Submittals covering similar work.

Normally, Submittals will be processed and returned to Contractor within 21 Days of receipt. Submittals received after 12:00 pm will be considered as received on the following Day. For Fridays, the following day will be considered to be Monday.

Distribute copies of reviewed Submittals to concerned persons. Instruct recipients to promptly report any inability to comply with provisions.

All Submittals shall be number-identified by Contractor, prior to submission to City, in accordance with the following:

Project No. 2010-01
City of Cupertino 00700-45 General Conditions
BBF Golf Course Maintenance
A. Sequentially number each Submittal (i.e., “1”, “2”, “3”, etc.) as the basis for number identification of Submittals.

B. Affix the Submittal number under which each Submittal is made on every copy of each Shop Drawing, product data, sample, certification, etc.

C. Number Installation, Operation, and Maintenance Manuals with original root number of the approved Submittal for the item.

D. If the Submittal is a resubmittal (including without limitation after an initial Submittal is rejected, returned without review or marked ‘Revise as Noted and Resubmit’), add the suffix designation “A” (i.e., a resubmittal of Submittal 1 would be numbered 1A). Subsequent re-submittals would be identified by the Submittal number and sequential letters (i.e., “B”, “C”, “D”, etc.).

E. All Submittals shall include all information requested by each Specification Section. No partial Submittals will be accepted unless previously authorized by City. In the event a partial Submittal is authorized, each subsequent different Submittal (as opposed to resubmittal) is given a new number.

F. Deliver Submittals to City at least 30 Days before dates reviewed Submittals will be needed.

G. Initial Submittal of Installation, Operation, and Maintenance Manuals shall be 45 Days after the date Submittals that pertain to the applicable portion of the Installation, Operation, and Maintenance Manual is satisfactorily reviewed.

The following table lists the number of initial Submittals required from Contractor for each type of submission, to whom Contractor shall distribute the information, and City’s distribution of reviewed submissions. If Contractor needs more copies of reviewed Submittals returned to it, then either submit additional copies or make copies from the returned transparency Submittal. Submittals requiring resubmission will require the same quantity and distribution as an initial Submittal.

Contractor Initial
Submittal
City Submittal
Return

SUBMITTAL
# of Copies/ Prints/
Samples
# of Copies/ Prints/
Samples

Shop Drawings 6 1
Product Data 6 1
Samples 4 1
Materials Safety Data Sheets 3 1
Installation, Operation, and Maintenance Manuals 4 1
Other Documents 6 1
Submittal transmittal form, in duplicate, shall contain the following:

A. Date, revision date, and Submittal log number.

B. Project name and City’s Project number.

C. Contractor’s name, address, and job number.

D. Specification Section number clearly identified.

E. The quantity of Shop Drawings, Product Data, or Samples submitted.

F. Notification of deviations from Contract Documents.

G. Materials Safety Data Sheet (MSDS) for each item complying with OSHA’s Hazard Communication Standard 29 CFR 1910.1200.

H. Other pertinent data.

Submittal shall contain the following:

A. Date and revision dates.

B. Revisions, if any, identified.

C. Project Name and Project number.

D. The names of:

E. Contractor, Subcontractor, Supplier, Manufacturer, and separate detailer, when pertinent.

Project No. 2010-01
City of Cupertino 00700-46 General Conditions
BBF Golf Course Maintenance
F. Identification of product material by location within the Project.

G. Relation to adjacent structure or materials.

H. Field dimensions, clearly identified as such.

I. Specification Section number and applicable detail reference number on the Drawings.

J. Applicable reference standards.

K. A blank space, on each Drawing or data sheet, 5” x 4” for the City’s stamp.

L. Identification of deviations from Contract Documents.

M. Contractor’s stamp, initialed or signed, with language certifying the review of Submittals, verification of field measurements, construction criteria and technical standards in compliance with Contract Documents.

Resubmission requirements:

A. Revise initial Shop Drawings as required and resubmit as specified for initial Submittals.

B. Indicate on Shop Drawings any changes that have been made other than those requested by City.

C. Submit new Product Data and Samples as required for initial Submittals.

D. Revise initial Installation, Operation, and Maintenance Manual(s) as required and resubmit as specified for initial Submittals.

Number of resubmissions:

One (1) reexamination of Contractor’s Submittals that have been returned for correction or replacement will be included in City’s budget. Any additional reexamination of Contractor’s Submittals will be considered additional scope services to be paid by Contractor through City. Contractor shall pay City (or City may deduct from any progress or final payment), for engineering personnel, on an hourly basis at 2.5 times direct payroll expenses, and for consultant personnel time at 1.25 times the amount billed City.

Schedule of Shop Drawing and Sample Submittals
A. Submit preliminary Schedule of Shop Drawing and Sample Submittals as required by Document 00700 (General Conditions). Submit two copies of final and accepted Schedule of Shop Drawings and Sample Submittals as required in this Document.

A. Schedule of Shop Drawing and Sample Submittals will be used by City to schedule its activities relating to review of Submittals. Schedule of Submittals shall indicate a spreading out of Submittals and early Submittals of long-lead-time items and of items that require extensive review.

B. Schedule of Shop Drawing and Sample Submittals will be reviewed by City and shall be revised and resubmitted until accepted by City.

D. Unless otherwise specified, make Submittals in groups containing all associated items to assure that information is available for checking each item when it is received. Identify on the Submittal which Submittals should be reviewed together.

Safety Program
Submit three (3) copies of Safety Program specific to these Contract Documents to City within 15 days after the Notice to Proceed is issued.

Project No. 2010-01
City of Cupertino 00700-47 General Conditions
BBF Golf Course Maintenance
Progress Schedule
A. Submit three (3) print copies of schedule at each of the following times:

1. Initial Progress Schedule at the Preconstruction Conference.

2. Original Schedule within 20 Days of the Notice to Proceed date.

3. Adjustments to the Schedule as required.

4. Schedule updates monthly, seven (7) Days prior to monthly progress meeting.

B. Submit four (4) copies of the reports listed in this document with:

1. Initial Schedule

2. Original Schedule

3. Each monthly Schedule update
C. Progress Schedules and Reports shall be submitted on a CD Ram, using software described in this Document, in addition to hard copies specified in this paragraph. Electronic files shall be complete copies, including all programs and electronic coding
Product Data
Within ten (10) Days after Start Date of the Contract Time, submit two (2) copies of complete list of major products proposed for use, with name of manufacturer, telephone number, trade name, and model number of each product. Tabulate product data by Specification Section.

For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards.

Product or Catalog Data:

A. Manufacturer’s standard drawings shall be modified to delete non-applicable data or include applicable data.

B. Manufacturer’s catalog sheets, brochures, diagrams, schedules, charts, illustrations and other standard descriptive data:

1. Mark each copy to identify pertinent materials, products, or models.

2. Show dimensions and clearances required, performance characteristics and capacities, wiring diagrams and controls.

3. Include applicable MSDS.

Supplemental Data:

1. Submit number of copies that Contractor requires, plus two (2) copies that will be retained by City.

2. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturer’s standard data to provide information unique to Project.

D. Provide copies for Project Record Documents described in this Document.

Project No. 2010-01
City of Cupertino 00700-48 General Conditions
BBF Golf Course Maintenance
Shop Drawings
A. Minimum Sheet Size: 8½ inches by 11 inches. All others: Multiples of 8½ inches by 11 inches, 34 inches by 44 inches maximum.

B. Original sheet or reproducible transparency will be marked with City’s review comments and returned to Contractor.

C. Mark each copy to identify applicable products, models, options, and other data; supplement manufacturers’ standard data to provide information unique to Work.

D. Include manufacturers’ installation instructions when required by Specification Section.

E. If Contractor submits Shop Drawings for items that Shop Drawings are not specified, City will not be obliged to review them.

E. Contractor is responsible for procuring copies of Shop Drawings for its own use as it may require for the progress of the Work.

F. Shop Drawings shall be drawn to scale and completely dimensioned, giving plan view together with such sectional views as are necessary to clearly show construction detail and methods.

H. After Shop Drawings are approved contractor shall provide an electronic copy of them to the City when requested.

Samples
A. Submit full range of manufacturers’ standard colors, textures, and patterns for City’s selection.

B. Submit samples to illustrate functional and aesthetic characteristics of product, with integral parts and attachment devices. Coordinate Submittal of different categories for interfacing work.

C. Include identification on each sample, giving full information.

D. Sizes: Unless otherwise specified, provide the following:

1. Paint Chips: Manufacturers’ standard

2. Flat or Sheet Products: Minimum 6 inches square, maximum 12 inches square

3. Linear Products: Minimum 6 inches, maximum 12 inches long

4. Bulk Products: Minimum 1 pint, maximum 1 gallon
E. Full size samples may be used in Work upon approval by City.

F. Field Samples and Mock-ups (if applicable):

1. Erect field samples and mock-ups at Site in accordance with requirements of Specification Sections. If testing is conducted, record and certify results and full Contract compliance.

2. Modify or make additional field samples and mock-ups as required to provide appearance and finishes approved by City.

3. Approved field samples and mock-ups may be used in Work upon approval by City.

4. Construct or prepare as many additional Samples as may be required, as directed by the City, until desired textures, finishes, and/or colors are obtained.

5. Accepted Samples and mock-up shall serve as the standard of quality for the various units of work.

G. No review of a Sample shall be taken in itself to change or modify the requirements in the Contract Documents.

H. Finishes, materials, and workmanship in the completed Work shall match accepted Samples Project No. 2010-01
City of Cupertino 00700-49 General Conditions
BBF Golf Course Maintenance
Quality Assurance Control Submittals
A. Test Reports:

Submit three (3) copies; One copy will be marked with City’s review comments and returned to Contractor.

Indicate that material or product conforms to or exceeds specified requirements.

Reports may be from recent or previous tests on material or product, but shall be acceptable to City.

Comply with requirements of each individual Specification Section.

B Certificates:

Submit five (5) copies; One copy will be marked with City’s review comments and returned to Contractor.

Indicate that material or product conforms to or exceeds specified requirements.

Submit supporting reference data, affidavits, and certifications as appropriate.

Certificates may be recent or from previous test results on material or product, but shall be acceptable to City.

C. Manufacturers’ Instructions:

Submit three (3) copies; One copy will be marked with City’s review comments and returned to Contractor.

Include manufacturers’ printed instructions for delivery, storage, assembly, installation, startup, adjusting, and finishing.

Identify conflicts between manufacturers’ instructions and Contract Documents.

D. Material Safety Data Sheets:

In addition to Material Safety Data Sheets (MSDS) otherwise required by the Contract Documents, submit five (5) copies for any paints, solvents, thinners, varnish, lacquer, glues and adhesives, mastics, or other materials needed for the Project as required by the individual Specification Sections or as otherwise specified in the Contract Documents.

MSDS required for a Submittal shall be submitted with product data in order for the Submittal to be reviewed.

E. Installation, Operations and Maintenance Manuals
Sheet Size: 8½ x 11 inch
Drawing Size: Reduce drawings or diagrams to an 8½ x 11 inch or 11 x 17 inch size. However, where reduction is not practical to ensure readability, fold larger drawings separately and place in vinyl envelopes bound into the binder. Identify vinyl envelopes with drawing numbers.

Binding: Bind in stiff, metal-hinged, three-ring binder(s) with standard three-hole punching.

Multiple Items: Multiple items may be combined into one (1) binder; tab each section with plasticcoated dividers.

Page Protectors: Provide plastic sheet lifters prior to first page and following last page.

Binder title: Include the following title on front and spine of binder:

PROJECT TITLE
INSTALLATION, OPERATION, AND MAINTENANCE MANUAL, 200_
Contents:

1. Introductory Information:
a. Title page providing the same information as paragraph 0 above b. Contractor’s name, address, and telephone number
c. Table of Contents
Project No. 2010-01
City of Cupertino 00700-50 General Conditions
BBF Golf Course Maintenance

2. Include, at a minimum, the following detailed information for each item as applicable and as required by individual Specification Sections:
a. Equipment function, normal operating characteristics, limiting operations. b. Assembly, disassembly, installation, alignment, adjustment, and checking instructions.
c. Operating instructions for startup, routine and normal operation, regulation and control, shutdown, and emergency conditions.
d. Lubrication and maintenance instructions including specific type and amount of lubricant and recommended lubrication interval.
e. Guide to "troubleshooting."
f. Parts list and predicted life of parts subject to wear. g. Outline, cross-section, and assembly drawings; engineering data; and electrical diagrams, including elementary diagrams, labeled wiring diagrams, connection diagrams, word description of wiring diagrams and interconnection diagrams. h. Test data and performance curves.
i. A list of recommended spare parts with a price list and a list of spare parts provided under this Contract.
j. Copies of parts lists or other documents packed with equipment when delivered. k. Instrumentation or tag numbers relating the equipment back to the Contract Documents.
l. Index

3. Final Submittal: Upon favorable review of Installation, Operation, and Maintenance Manual(s) by City, deliver nine (9) additional hard copies and one (1) electronic media format copy of the final approved Installation, Operation, and Maintenance Manual(s). Electronic media format copy shall include all tables, charts, drawings, codes and all other matters reflected in hard copies. The City utilizes various media for records-keeping and facilitating maintenance functions.

4. Electronic Media Format: Compatible with City’s current software. All files shall be delivered on a unique CD-ROM.

5. Draft Submittal: The Draft Submittal of Installation, Operation and Maintenance Manuals shall be submitted to City prior to equipment startup.

F. Project Record Documents
Submit one copy of each of the Project Record Documents listed in these Documents.

G. Delay of Submittals
Delay of Submittals by Contractor is considered avoidable delay. Liquidated damages incurred because of late Submittals will be assessed to Contractor.

H. Optional Review Meeting
At the Contractor’s request, in order to facilitate the timeliness of the review process, the City may schedule a meeting to review the materials submitted. If this option is exercised, the following requirements apply:

Request a meeting date with the City at least ten (10) Business Days in advance.

Provide the complete package of Submittal information at least five (5) Business Days in advance of the meeting.

The meeting shall take place at City’s office. City will provide the authorized staff to review and respond on the Submittal information during the meeting.

Make available for this meeting the job superintendent and/or foreman, Contractor’s safety officer, and someone knowledgeable of all the items submitted and authorized to make substitutions or changes.

Project No. 2010-01
City of Cupertino 00700-51 General Conditions
BBF Golf Course Maintenance

4.3 Conformity with Contract Documents and Allowable Deviations Work and materials shall conform to the lines, grades, typical cross sections, dimensions and materials requirements, including tolerances, shown on the plans or indicated in the specifications. Although measurements, sampling, and testing may be considered evidence as to conformity, City shall be the sole judge as to whether the work or materials deviate from the plans and specifications, and City’s decision as to any allowable deviations therefrom shall be final.

4.4 Order of Work
When required by the Contract Documents, Contractor shall follow the sequence of operations as set forth therein. Full compensation for conforming to those requirements will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefore.

4.5 Drawings and Data to be Furnished by City
City may issue supplemental Drawings for the construction work under the Contract. These Drawings will show additional details as required for construction purposes. Installation instructions for City-furnished materials will be furnished if required.

4.6 Superintendence
Contractor shall designate, in writing before starting Work, an authorized representative who shall have complete authority to represent and act for Contractor. Said authorized representative of Contractor shall normally be present at the Site of the Work at all times while Work is actually in progress on the Contract.

During any period when Work is suspended, arrangements acceptable to City shall be made for any emergency work which may be required.

Whenever Contractor or an authorized representative is not present on any part of the Work where it may be desired to give direction, orders will be given by City, which shall be received and obeyed by the superintendent who may have charge of the particular work in reference to which the orders are given. Any order given by City, not otherwise required by the Specifications to be in writing, will, on request of Contractor, be given or confirmed by City in writing.

Contractor shall designate, in writing, the names and telephone numbers of at least three representatives who could be contacted at any time in the event that an emergency occurs.

See Document 00520 Liquidated Damages due to change in Key Personnel on the project.

4.7 Character of Workers
Any subcontractor, or person employed by Contractor or subcontractor, who fails or refuses to carry out the directions of City, or appears to City to be incompetent or to act in a disorderly or improper manner, shall be removed from the Work immediately on the written request of City, and such person shall not again be employed on the Work.

4.8 Layout of Work and Surveys
All Work shall be done to the lines, grades, and elevations indicated on the Drawings.

City shall provide basic horizontal and vertical control points to be used as datums for the Work. All additional survey, layout, and measurement work shall be performed by Contractor as a part of the Work.

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.

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.

Contractor shall remove and reconstruct Work which is improperly located.

Project No. 2010-01
City of Cupertino 00700-52 General Conditions
BBF Golf Course Maintenance

4.9 Warranty and Inspection
General Representations and Warranties: Contractor represents and warrants that it is and will be at all times fully qualified and capable of performing every Phase of the Work and to complete Work in accordance with the terms of Contract Documents. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices and all requirements of Contract Documents. Contractor warrants that Work, including but not limited to each item of materials and equipment incorporated therein, shall be new, of suitable grade of its respective kind for its intended use, and free from defects in design, engineering, materials, construction and workmanship.

Contractor warrants that Work shall conform in all respects with all applicable requirements of federal, state and local laws, applicable construction codes and standards, licenses, and permits, Drawings and Specifications and all descriptions set forth therein, and all other requirements of Contract Documents. Contractor shall not be responsible, however, for the negligence of others in the specification of specific equipment, materials, design parameters and means or methods of construction where that is specifically shown and expressly required by Contract Documents.

Extended Guarantees: Any guarantee exceeding one year provided by the supplier or manufacturer of any equipment or materials used in the Project shall be extended for such term. Contractor expressly agrees to act as co-guarantor of such equipment and materials and shall supply City with all warranty and guarantee documents relative to equipment and materials incorporated in the Project and guaranteed by their suppliers or manufacturers.

Inspection. City shall at all times have access to the Work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the quality of performance are in accordance with the requirements and intentions of the Drawings and Specifications. All Work done and all materials furnished shall be subject to City’s inspection and approval.

The day-to-day inspection performed by the various inspectors employed by City shall not constitute approval or ratification of Work improperly done by Contractor. City is the only person authorized to recommend acceptance or rejection of Work and materials.

The presence or absence of an inspector during performance of the Work shall not relieve Contractor of any obligation to fulfill the Contract. It shall be the duty of Contractor to see that all provisions are complied with in detail, irrespective of the inspection given the Work during its progress by City or representatives of City. Any plan or method suggested to Contractor by City or an inspector, but not specified or required, if adopted or followed in whole or in part, shall be used at the risk and responsibility of Contractor; and City and City will assume no responsibility therefore.

Should it be considered necessary or advisable by City at any time before Acceptance of the entire Work to make an examination of Work already completed by removing or tearing out same, Contractor shall, on request, promptly furnish all necessary facilities, labor, and material. If such Work is found to be defective or nonconforming in any material respect, due to the fault of Contractor or subcontractors, Contractor shall pay all the expenses of such examination and of satisfactory reconstruction. If, however, such Work is found to meet the requirements of the Contract, an equitable adjustment shall be made in the Contract Price to compensate Contractor for the additional services involved in such examination and reconstruction and, if completion of the Work has been delayed thereby, Contractor shall, in addition, be granted an appropriate extension of time.

Projects financed in whole or part with federal or state funds shall be subject to inspection at all times by the federal or state agency involved.

Any inspection, evaluation, or test performed by or on behalf of City relating to the Work is solely for the benefit of City, and shall not be relied upon by Contractor. Contractor shall not be relieved of its absolute obligation to perform Work in accordance with the Contract Documents, nor relieved of any guaranty, warranty, or other obligation, as a result of any inspections, evaluations, or tests performed by City, whether or not such inspections, evaluations, or tests are permitted or required under the Contract Documents. Contractor shall be solely responsible for testing and inspecting Work already performed to determine whether such Work is in proper condition to receive later Work.

Project No. 2010-01
City of Cupertino 00700-53 General Conditions
BBF Golf Course Maintenance
A. Execute Contractor’s submittals and assemble warranty documents, and installation, operations and maintenance manuals, executed or supplied by Subcontractors, suppliers, and manufacturers. • Provide table of contents and assemble in 8½ inches by 11 inches three-ring binder with durable plastic cover, appropriately separated and organized. • Include contact names and phone numbers for City personnel to call during warranty period. • Assemble in Specification Section order.

B. Submit material prior to final application for payment. • For equipment put into use with City’s permission during construction, submit within 14 Days after first operation.
• For items of Work delayed materially beyond Date of Substantial Completion, provide updated submittal within 14 Days after acceptance, listing date of acceptance as start of warranty period.
• Warranties are intended to protect City against failure of Work and against deficient, defective and faulty materials and workmanship, regardless of sources.

C. Limitations: Warranties are not intended to cover failures that result from the following:
• Unusual or abnormal phenomena of the elements
• Vandalism after Substantial Completion
• Insurrection or acts of aggression including war
D. Related Damages and Losses: Remove and replace Work which is damaged as result of defective Work, or which must be removed and replaced to provide access for correction of warranted Work.

E. Warranty Reinstatement: After correction of warranted Work, reinstate warranty for corrected Work to date of original warranty expiration or to a date not less than one year after corrected Work was done, whichever is later.

F. Replacement Cost: Replace or restore failing warranted items without regard to anticipated useful service lives.

G. Warranty Forms: Submit drafts to City for approval prior to execution. Forms shall not detract from or confuse requirements or interpretations of Contract Documents. • Warranty shall be countersigned by manufacturers.
• Where specified, warranty shall be countersigned by Subcontractors and installers. • Rejection of Warranties: City reserves right to reject unsolicited and coincidental product warranties that detract from or confuse requirements or interpretations of Contract Documents.

H. Term of Warranties: For materials, equipment, systems, and workmanship, warranty period shall be one year minimum from date of Final Completion of entire Work except where:
• Detailed specifications for certain materials, equipment or systems require longer warranty periods.
• Materials, equipment or systems are put into beneficial use of City prior to Final Completion as agreed to in writing by City.

I. Warranty of Title: No material, supplies, or equipment for Work under Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in Work and agrees upon completion of all Work to deliver premises, together with improvements and appurtenances constructed or placed thereon by Contractor, to City free from any claim, liens, security interest, or charges, and further agrees that neither Contractor nor any person, firm, or corporation furnishing any Project No. 2010-01
City of Cupertino 00700-54 General Conditions
BBF Golf Course Maintenance
materials or labor for any Work covered by Contract shall have right to lien upon premises or improvement or appurtenances thereon. Nothing contained in this paragraph, however, shall defeat or impair right of persons furnishing materials or labor under bond given by Contractor for their protection or any rights under law permitting persons to look to funds due Contractor in hands of City.

4.10 Defective and Unauthorized Work
All Work which has been rejected shall be remedied promptly (no later than five days) or removed and replaced by Contractor in an acceptable manner at no additional cost to City.

Payment will not be made for any Work done beyond the lines and grades shown on the Drawings or established by City, or any extra Work done without written authority, and such Work will be -considered as unauthorized. Work so done may be ordered remedied, removed, or replaced.

If Contractor should fail to comply promptly with any order of City made under the provisions of this, City may cause rejected or unauthorized Work to be remedied, removed, or replaced, and the costs thereof to be deducted from any moneys due or to become due Contractor.

4.11 Construction Equipment and Plant
Contractor shall provide and use construction equipment and plant capable of producing the quality and quantity of Work required. Construction equipment shall be identified by readily visible numbers. If ordered, Contractor shall remove unsatisfactory construction equipment and discontinue the operation of unsatisfactory plants.

4.12 Substantial Completion, Final Completion and Final Acceptance A. Substantial Completion
The Work (or a specified part thereof) has progressed to the point where, in the opinion of City as evidenced by a Certificate of Substantial Completion, the Work is sufficiently complete, in accordance with Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work (or specified part) is complete and ready for final acceptance as evidenced by written recommendation of City for final acceptance.

The terms “Substantially Complete” and “Substantially Completed” as applied to all or part of the Work refer to Substantial Completion thereof.

1. When Contractor considers Work or designated portion of the Work as Substantially Complete, submit written notice to City, with list of items remaining to be completed or corrected.

2. Within reasonable time, City will inspect to determine status of completion.

3. Should City determine that Work is not Substantially Complete, City will promptly notify Contractor in writing, listing all defects and omissions.

4. Remedy deficiencies and send a second written notice of Substantial Completion. City will reinspect the Work. If deficiencies previously noted are not corrected on reinspection, then Contractor shall pay City’s cost of the reinspection.

5. When City concurs that Work is Substantially Complete, City will issue a Certificate of Substantial Completion, accompanied by Contractor’s list of items to be completed or corrected as verified by City.

6. A punch list examination will be performed upon Substantial Completion. One follow-up review of punch list items for each discipline will be provided.

B. Final Completion
When the Work authorized by the Contract has been completed, City will make the final inspection. If City determines that the Work has been completed, in accordance with the Contract, City will recommend that the Work be accepted. Contractor will be relieved of the responsibility imposed by Section 6.15, Contractor’s Responsibility for Work, on the date of Acceptance.

Final Completion occurs when Work meets requirements for City’s Final Completion. When Contractor considers Work is Finally Complete, submit written certification that:

1. Contractor has inspected Work for compliance with Contract Documents, and all requirements for Final Acceptance have been met.

Project No. 2010-01
City of Cupertino 00700-55 General Conditions
BBF Golf Course Maintenance

2. Except for Contractor maintenance after Final Acceptance, Work has been completed in accordance with Contract Documents and deficiencies listed with Certificate of Substantial Completion have been corrected. Equipment and systems have been tested in the presence of City, and are operative.

3. Work is complete and ready for final inspection.

4. All systems having been tested and accepted as having met requirements of Contract Documents.

5. All required instructions and training sessions having been given by Contractor.

6. All closeout documents having been submitted by Contractor, reviewed by City and accepted by City.

7. All punch list work, as directed by City, having been completed by Contractor.

8. All final cleanup and completion activities having been completed by Contractor.

In addition to submittals required by Contract Documents, provide submittals required by governing authorities and submit final statement of accounting giving total adjusted Contract Sum, previous payments, and sum remaining due.

When City finds Work is acceptable and final closeout submittals are complete, City will issue final Change Order reflecting approved adjustments to Contract Sum not previously made by Change Order.

Should City determine that Work is incomplete or defective:

1. City promptly will so notify Contractor, in writing, listing the incomplete or defective items.

2. Promptly remedy the deficiencies and notify the City when it is ready for reinspection.

3. When City determines that the Work is acceptable under the Contract Documents, City will request Contractor to make closeout submittals.

Final adjustments of accounts:

1. Submit a final statement of accounting to City, showing all adjustments to the Contract Sum and complete and execute Document 00650 (Contract and Release of Any and All Claims).

2. If so required, City shall prepare a final Change Order for submittal to Contractor, showing adjustments to the Contract Sum that were not previously made into a Contract Modification.

C. Final Acceptance
The City will record a “Notice of Completion” after the City Council accepts the project as complete.

The final payment including without limitation on retentions will be made 35 days after the Notice of Completion has been recorded by the County, provide there are no outstanding punchlist items or deficiencies in the project. The final payment will be fewer sums as may be lawfully retained under any provisions of the contract documents or by law.

D. Project Guarantee
Requirements for Contractor’s guarantee of completed Work are included in this Document.

Guarantee Work done under Contract against failures, leaks, or breaks or other unsatisfactory conditions due to defective equipment, materials, or workmanship, and perform repair work or replacement required, at Contractor’s sole expense, for period of one year from date of Final Acceptance.

Neither recordation of Final Acceptance nor final certificate for payment nor provision of the Contract nor partial or entire use or occupancy of premises by City shall constitute acceptance of Work not done in accordance with Contract Documents nor relieve Contractor of liability in respect to express warranties or responsibility for faulty materials or workmanship.

City may make repairs to defective Work as set forth in this Document.

Project No. 2010-01
City of Cupertino 00700-56 General Conditions
BBF Golf Course Maintenance
If, after installation, operation, or use of materials or equipment to be provided under Contract proves to be unsatisfactory to City, City shall have right to operate and use materials or equipment until said materials and equipment can, without damage to City, be taken out of service for correction or replacement. Period of use of defective materials or equipment pending correction or replacement shall in no way decrease guarantee period required for acceptable corrected or replaced items of materials or equipment.

Nothing in this Document shall be construed to limit, relieve, or release Contractor’s, Subcontractors’, and equipment suppliers’ liability to City for damages sustained as result of latent defects in equipment caused by negligence of suppliers’ agents, employees, or Subcontractors. Stated in another manner, warranty contained in the Contract Documents shall not amount to, nor shall it be deemed to be, waiver by City of any rights or remedies (or time limits in which to enforce such rights or remedies) it may have for defective workmanship or defective materials under laws of this State pertaining to acts of negligence.

4.13 Use Prior to Final Acceptance
City may take possession of, and use, all or part of the Project prior to Final Acceptance.

SECTION 5. CONTROL OF MATERIALS

5.1 Source of Supply and Quality of Materials.

Contractor shall furnish all materials required to complete the work, except materials that are designated in the specifications to be furnished by City.

Only materials conforming to the requirements of the specifications shall be incorporated in the work.

The materials furnished and used shall be new, except as may be provided elsewhere in these specifications, on the plans or in the Special Provisions. The materials shall be manufactured, handled, and use in a workmanlike manner to ensure completed work in accordance with the plans and specifications. Materials to be used in the work will be subject to inspection and tests by City or City’s designated representative. Contractor shall furnish without charge such samples as may be required.

Contractor shall furnish City a list of Contractor’s sources of materials and the locations at which those materials will be available for inspection. The list shall be submitted on a City approved form and shall be furnished to City in sufficient time to permit inspection and testing of materials to be furnished from the listed sources in advance of their use. City may inspect, sample or test materials at the source of supply or other locations, but the inspection, sampling or testing will not be undertaken until City is assured by Contractor of the cooperation and assistance of both Contractor and the supplier of the material. Contractor shall assure that City or City’s authorized representative has free access at all times to the material to be inspected, sampled or tested. It is understood that the inspections and tests if made at any point other than the point of incorporation in the work in no way shall be considered a s guaranty of acceptance of the material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the State shall not relieve Contractor or Contractor’s suppliers of responsibility for quality control.

Manufacturers’ warranties, guaranties, instruction sheets and parts lists, which are furnished with certain Sections or materials incorporated in the work, shall be delivered to City before acceptance of the contract.

Reports and records of inspections made and tests performed, when available at the site of the work, may be examined by Contractor.

5.2 City-Furnished Materials.

Materials which are listed as City-furnished materials in the Special Provisions will be available to Contractor free of charge.

Contractor shall submit a written request to City for the delivery of City-furnished materials at least 15 days in advance of the date of its intended use, except that the written request for the delivery of City-furnished sign Project No. 2010-01
City of Cupertino 00700-57 General Conditions
BBF Golf Course Maintenance
panels for roadside signs and overhead sign structures shall be submitted at least 30 days in advance of their intended installation. The request shall state the quantity and the type of each material.

The locations at which City-furnished materials will be available to Contractor free of charge will be designated in the Special Provisions. In those cases said materials shall be hauled to the site of the work by Contractor at Contractor’s expense, including any necessary loading and unloading that may be involved. If the locations are not designated in the Special Provisions, City-furnished materials will be furnished to Contractor free of charge at the site of the project. In either case, all costs of handling and placing City-furnished material shall be considered as included in the price paid for the contract item involving the State-furnished material.

Contractor shall be responsible for all City-furnished materials furnished to Contractor, and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by Contractor at Contractor’s expense. Contractor shall be liable to City for the cost of replacing Cityfurnished material and those costs may be deducted from any moneys due or to become due Contractor. All City-furnished material that is not used on the work shall remain the property of the State and shall be delivered to City.

City reserves right to furnish materials as it deems advisable, and Contractor shall have no claims for costs and overhead and profit on such materials.

5.3 Storage of Materials
Sections or materials to be incorporated in the work shall be stored in such a manner as to ensure the preservation of their quality and fitness for the work, and to facilitate inspection.

5.4 Defective Materials
All materials which City has determined to not conform to the requirements of the plans and specifications will be rejected whether in place or not. They shall be removed immediately from the site of the work, unless otherwise permitted by City. No rejected material, the defects of which have been subsequently corrected, shall be used in the work unless approval in writing has been given by City. Upon failure of Contractor to comply promptly with any order of City made under the provisions in this Section 5, City shall have authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due Contractor.

5.5 Plant Inspection
City may inspect the production of material, or the manufacture of products at the source of supply.

Plant inspection, however, will not be undertaken until City is assured of the cooperation and assistance of both Contractor and the material producer. City or City’s authorized representative shall have free entry at all times to those parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. City assumes no obligation to inspect materials at the source of supply.

5.6 Certificates of Compliance
A Certificate of Compliance shall be furnished prior to the use of any materials for which these specifications or the Special Provisions require that a certificate be furnished. In addition, when so authorized in these specifications or in the Special Provisions, City may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.

All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve Contractor of the requirements of the plans and specifications and any material not conforming to the requirements will be subject to rejection whether in place or not.

City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.

Project No. 2010-01
City of Cupertino 00700-58 General Conditions
BBF Golf Course Maintenance
The form of the Certificate of Compliance and its disposition shall be as directed by City.

5.7 State Specification Numbers
The State Specification number of material furnished on the contract shall conform to the number specified in these specifications or the Special Provisions for the material involve, except that material conforming to a later specification issue will be acceptable.

5.8 Testing
Unless otherwise specified, all tests shall be performed in accordance with the methods used by the Department of Transportation and shall be made by the Engineer or the Engineer's designated representative.

The Department has developed methods for testing the quality of materials and work. These methods are identified by number and are referred to in the specifications as California Test. Copies of individual California Tests are available at the Transportation Laboratory, Sacramento, California, and will be furnished to interested persons upon request.

Whenever the specifications require compliance with specified values for the following properties, tests will be made by the California Test indicated unless otherwise specified:

Properties California Test
Relative Compaction 216 or 231
Sand Equivalent 217
Resistance (R-value) 301
Grading (Sieve Analysis) 202
Durability Index 229
Whenever a reference is made in the specifications to a California Test by number, it shall mean the California Test in effect on the day the Notice to Contractors for the work is dated.

Whenever the specifications provide an option between 2 or more tests, the Engineer will determine the test to be used.

Whenever a reference is made in the specifications to a specification, manual or test designation either of the American Society for Testing and Materials, the American Association of State Highway and Transportation Officials, Federal Specifications or any other recognized national organization, and the number or other identification representing the year of adoption or latest revision is omitted, it shall mean the specification, manual or test designation in effect on the day the Notice to Contractors for the work is dated. Whenever the specification, manual or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of those reports, identified as to the lot of material, shall be furnished to the Engineer. The manufacturer's test reports shall supplement the inspection, sampling and testing provisions in Section 5, "Control of Materials," and shall not constitute a waiver of the City's right to inspect. When material which cannot be identified with specific test reports is proposed for use, the Engineer may, at the Engineer's discretion, select random samples from the lot for testing. Test specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced specification and furnished by the Contractor at the Contractor's expense. The number of the samples and test specimens shall be entirely at the discretion of the Engineer. Unidentified metal products, such as sheet, plate and hardware shall be subject to the requirements of Section 55-2.07, "Unidentified Stock Material." When requested by the Engineer, the Contractor shall furnish, without charge, samples of all materials entering into the work, and no material shall be used prior to approval by the Engineer, except as provided in Section

5.6, "Certificates of Compliance." Samples of material from local sources shall be taken by or in the presence of the Engineer; otherwise, the samples will not be considered for testing.

Whenever the provisions of this Section refer to tests or testing, it shall mean tests to assure the quality and to determine the acceptability of the materials and work.

Project No. 2010-01
City of Cupertino 00700-59 General Conditions
BBF Golf Course Maintenance
A. City will select an independent testing and inspection agency or agencies to conduct tests and inspections as indicated on Drawings, in Specifications and as required by governing authorities having jurisdiction.

1. Responsibility for time and costs shall be as indicated in schedule below. All time and costs for Contractor’s service related to such tests and inspections shall be included in Contract Time and Contract Sum.

2. Notify City in writing (and, if provided, on inspection request form provided by City) and, if directed by City, testing and inspection agency, when Work is ready for specified tests and inspections. Deliver this written notification at least two (2) working days before the requested inspection date.

B. Contractor pays for all additional charges by testing and inspection agencies and governing authorities having jurisdiction due to the following: The amount deducted will be determined by City and deducted from moneys due or to become due to Contractor.

1. Contractor’s failure to properly schedule or notify testing and inspection agency or authorities having jurisdiction.

2. Costs for testing of materials and work found to be unacceptable, as determined by the test performed by City.

3. Changes in sources, lots, or suppliers of products after original tests or inspections.

4. Changes in means, methods, techniques, sequences, and procedures of construction that necessitate additional testing, inspection, and related services.

5. Changes in mix designs for concrete and mortar after review and acceptance of submitted mix design.

6. Contractor submitted requests to change materials or products, which are accepted, but require testing and/or reinspection beyond original design.

C. If initial tests or inspections made by the testing and inspection agency reveal that materials do not comply with Contract Documents, or if City has reasonable doubt that materials do not comply with Contract Documents, additional tests and inspections shall be made as directed.

1. If additional tests and inspections establish that materials comply with Contract Documents, City shall pay all costs for such tests and inspections.

2. If additional tests and inspections establish that materials do not comply with Contract Documents, all costs of such tests and inspections shall be deducted from Contract Sum.

If Work requiring inspection is covered by follow-on or follow-up Work before it is inspected, uncover Work so proper inspections can be performed. All costs of such tests and inspections shall be deducted from Contract Sum.

The Contractor shall be responsible for controlling the quality of the material entering the work and of the work performed, and shall perform testing as necessary to ensure control. The test methods used for quality control testing shall be as determined by the Contractor. The results of the testing shall be made available to the Engineer upon request. These tests are for the Contractor's use in controlling the work and will not be accepted for use as acceptance tests.

Full compensation for performing quality control tests and making the results available to the Engineer shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.

SECTION 6. LEGAL RELATIONS AND RESPONSIBILITY

6.1 Laws to be Observed
Contractor shall remain informed of and in compliance with all applicable existing and future federal, state, county, and municipal laws, codes, ordinances, rules and regulations, including but not limited to, those cited herein.

6.2 Labor Discrimination
Project No. 2010-01
City of Cupertino 00700-60 General Conditions
BBF Golf Course Maintenance
In the performance of the Contract, Contractor shall not discriminate against an employee or applicant for employment because of race, color, religious creed, ancestry, sex, age, national origin, physical handicap, medical condition, or marital status. Section 1735 of the Labor Code and Sections 12990 et seq. of the Government Code are incorporated herein in full by this reference.

Contractor and each subcontractor shall submit monthly an employee utilization report, substantially conforming to U.S. Department of Labor Form CC-257 (Rev. 9/78 or successor).

6.3 Employment of Labor
In the employment of labor in the performance of the Contract, City desires that Contractor and all subcontractors shall, wherever possible, give first consideration to residents of the County.

6.4 Prevailing Wages
In accordance with provisions of Section 1773 of the Labor Code, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of wages and employer payments for health and welfare, pension, vacation, and similar purposes available to the particular craft, classification, or type of workers employed on the work. These rates are set forth in the latest determination obtained from the Director, which is on file in the office of the Director of Public Works and incorporated herein by reference the same as though set out in full. Post copy of general prevailing rates at site.

Contractor shall forfeit as a penalty to City, $50 for each day, or portion thereof, for each worker paid less than the stipulated prevailing rates for any public work done under the Contract by Contractor or by any subcontractor in violation of the provisions of the Labor Code, particularly Sections 1770 through 1780, inclusive.

Each contractor and subcontractor shall keep an accurate payroll record showing the name, address, Social Security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in accordance with the provisions of Section 1776 of the Labor Code.

Contractor shall inform City of the location of the payroll records, including the street address, city, and county, and shall, within 5 working days, provide a notice of a change in location and address. The responsibility for compliance with payroll record requirements imposed by said Section 1776 of the Labor Code is on the prime Contractor.

A copy of all payrolls shall be submitted weekly to City. Payrolls shall contain the full name, address, and Social Security number of each employee, his or her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employee’s address and Social Security number need only appear on the first payroll on which his or her name appears. The payroll shall be accompanied by a “Statement of Compliance” signed by the employer or agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Contract. The “Statement of Compliance” shall be on forms furnished by City or on any form with identical wording. Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.

If, by the 15th of the month, Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the first of that month, City will retain an amount equal to 10 percent of the estimated value of the work performed (exclusive of mobilization) during the month from the next monthly estimate, except that such retention shall not exceed $10,000 nor be less than $1,000. Retentions for failure to submit satisfactory payrolls shall be additional to all other retentions provided for in the Contract. The retention for failure to submit satisfactory payrolls for any monthly period will be released for payment when the monthly estimate for partial payments next following the date that all such payrolls for which the retention was made are submitted.

Contractor and each subcontractor shall preserve their respective payroll records for a period of 4 years from the date of fling a Notice of Completion and Acceptance under the Contract.

Project No. 2010-01
City of Cupertino 00700-61 General Conditions
BBF Golf Course Maintenance
The work of installing, assembling, repairing or reconditioning, or other work of any nature on machinery, equipment, or tools used in or upon the work, shall be considered a part of the work to be performed under the Contract and any laborers. workers, or mechanics working on such machinery, equipment, or tools, shall be subject to all of the requirements relating to labor set forth in the Contract.

The construction, erection, and operation of material production, proportioning, or mixing plants from which material is used wholly on the Contract or on contracts under the supervision of City, shall be considered a part of the work to be performed under the Contract and any laborers, workers, or mechanics working on such plants shall be subject to all of the requirements relating to labor set forth in the Contract.

6.5 Hours of Labor and Work
Eight hours’ labor constitutes a legal day’s work. Contractor shall forfeit as a penalty to City, $25 for each worker employed in the execution of the Contract by Contractor or by any subcontractor for each day during which such worker is required or permitted to labor more than 8 hours in violation of Labor Code Sections 1810 to 1815, inclusive, except as provided for under Labor Code Section 1815.

Work hours are 7:00 A.M. to 8:00 P.M., Monday through Friday. No weekend, holiday or night work will be allowed without written approval from the City.

6.6 Apprentices
Contractor’s attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor.

Section 1777.5 requires Contractor or subcontractor employing persons, as defined, in any apprenticeable occupation to apply to the joint apprenticeship committee which is nearest the Site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of work performed by apprentices to journeymen in such cases shall not be less than 1 hour to 5 hours, except when the committee finds that any one of the following conditions is met:

A. In the event unemployment for the previous 3-month period in the project Site area exceeds an average of 15 percent, or
B. In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or C. If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
D. If assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his/her life or the life, safety, or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman.

Contractor is required to make contributions to funds established for the administration of apprenticeship programs if Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works Site are making such contributions.

Contractor and any subcontractor shall comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

6.7 Permits and Licenses
Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the prosecution of the work, except as provided in the Special Provisions.

Project No. 2010-01
City of Cupertino 00700-62 General Conditions
BBF Golf Course Maintenance

6.8 Patents and Copyrights
Contractor shall assume all costs including any costs of defense arising from the use of any copyrighted composition, secret process, patented or unpatented invention, Section, equipment, device, or appliance manufactured, furnished, or used in the performance of the Contract, including their use by City, unless otherwise specifically stipulated in the Specifications.

6.9 Public Safety and Traffic Control
Contractor shall furnish, erect, and maintain such fences, barriers, lights, and signs and provide such flagging and guards as are necessary in the opinion of City or public agency having jurisdiction, to give adequate warning to the public of the construction and of any dangerous condition to be encountered as a result thereof.

Without limiting the foregoing, signs, lights, flags, and other warning and safety devices and their use shall conform to the requirements set forth in Part 6 of the MUTCD and of the MUTCD California Supplement.

Signs or other protective devices furnished and erected by Contractor, at Contractor's expense, as above provided, shall not obscure the visibility of, nor conflict in intent, meaning and function of either existing signs, lights and traffic control devices or any construction area signs and traffic control devices for which furnishing of, or payment for, is provided elsewhere in the specifications. Signs furnished and erected by Contractor, at Contractor's expense, shall be approved by City as to size, wording and location.

The Contractor shall so conduct operations as to offer the least possible obstruction and inconvenience to the public and shall have under construction no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public.

Unless otherwise provided in the special provisions, all public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Where possible, public traffic shall be routed on new or existing paved surfaces.

Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at the Contractor's expense.

Existing traffic signals and highway lighting shall be kept in operation for the benefit of the traveling public during progress of the work, and other forces will continue routine maintenance of existing systems.

Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.

Convenient access to driveways, houses, and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition.

When the abutting property owner's access across the right of way line is to be eliminated, or to be replaced under the contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.

The Contractor may be required to cover certain signs which regulate or direct public traffic to roadways that are not open to traffic. The Engineer will determine which signs shall be covered. Except as otherwise provided for construction area signs in Section 12, "Construction Area Traffic Control Devices," furnishing, installing and removing covers will be paid for as extra work as provided in Section 3.3.

No lane closure shall be permitted before 7:00 A.M. or after 5:00 P.M. Mondays through Fridays. Only under special conditions shall the City have the right to permit lane closure before 7:00 A.M. and after 5:00 P.M.

All costs of the above shall be included in the price bid for the various bid items and no special compensation will be allowed.

The Contractor shall maintain a minimum of two (2) travel lanes for traffic use, one in each direction at all times.

Project No. 2010-01
City of Cupertino 00700-63 General Conditions
BBF Golf Course Maintenance

6.10 Accident Prevention
Contractor shall comply with the California Occupational Safety and Health Act (Labor Code Section 6300 et seq.) and Title 8 of the Code of Regulations, and will also take, or cause to be taken, such additional measures as may be necessary for the prevention of accidents.

Designate one of Contractor’s staff as “Site Safety Officer” whose duties shall include the responsibility for enforcing the environmental protection provisions of the Contract Documents including safety and health, the requirements of the Occupational Safety and Health Act, and other applicable federal, state and local standards.

Submit for review by City Contractor’s intended traffic flow plan, security plan, program for temporary structures, housecleaning plan, demolition program, and environmental safety and health plan. After review by City, the implementation and enforcement of these plans shall become the responsibility of the Site Safety Officer. Any changes in the plans shall be requested by Contractor through the Site Safety Officer for written concurrence by City.

Prior to commencement of Work Contractor shall (1) submit proposals in writing for effectuating provisions for accident prevention, and (2) meet in conference with City to discuss and develop mutual understandings relative to administration of an overall safety program.

During the performance of Work under the Contract, Contractor shall institute controls and procedures for the control and safety of persons visiting the job-Site.

Contractor shall maintain an accurate record of, and shall report to City in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment incident to Work performed under the Contract.

City will notify Contractor of any noncompliance with the foregoing provisions. Contractor shall, after receipt of such notice, immediately take corrective action. If Contractor fails or refuses to comply immediately, the matter will be referred to the proper authority. No part of the time lost due to any stop order issued by proper authority shall be made the subject or claim for extension of time or for extra costs or damages by Contractor.

Compliance with the provisions of this Section by Subcontractors will be the responsibility of Contractor.

6.11 Explosives and Stream Pollution
This section not applicable to City projects.

6.12 Fire Protection Plan
Within 15 days after Notice of Proceed submit one copy of a fire protection plan that has been reviewed and approved by the Santa Clara County Fire Department. It is recommended that the plan include, but not be limited to, a discussion of the following items:

A Equipment spark arresters
B Fire-extinguishing equipment on hand
C Method of operation in case of fire
D Notification to authorities of any fire
E Access available during performance of Work
F Educating workers of fire protection plan
G Storage protection for flammable materials
H Ventilation and illumination equipment

6.13 Interference with Fire Hydrants, Highways, and Fences Contractor shall conduct operations as not too close or obstruct any portion of any highway, road, or street, or prevent in any way free access to fire hydrants until permits have been obtained therefor from the proper authorities. If any highway required to be kept open shall be rendered unsafe by Contractor’s operations, Contractor shall make such repairs or provide such temporary guards as shall be acceptable to the authorities Project No. 2010-01
City of Cupertino 00700-64 General Conditions
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having jurisdiction and to City. Any highway or street maintenance or repair work required by local authorities in connection with necessary operations under the Contract shall be performed by Contractor at Contractor’s own cost and expense. Fences subject to interference shall be maintained as effective barriers consistent with the original intent but, upon approval of City, they may be moved or rearranged to facilitate prosecution of the Work until the Work is finished, after which they shall be restored to their original location in an equal or better condition that existed prior to rearrangement.

6.14 Preservation of Property
Contractor shall not damage existing improvements, utility facilities, and adjacent property, real and personal.

The fact that any existing underground improvement or facility is not shown on the Drawings shall not relieve Contractor of responsibility to ascertain the existence of any underground improvement or facility which may be subject to damage by reason of Contractor’s operations.

Any damage to improvements or property, whether above or below the ground, private or public, within or adjacent to the project limits, arising from, or in consequence of, the performance of the Contract shall be repaired at once by Contractor. If City requires such repair to be made prior to the execution or continued performance of any part of the Work included in this Contract, City will so notify Contractor who shall delay or discontinue the performance of that part of the Work until the necessary repair has been made. Such delay shall not be considered unavoidable, and no extension of time for completion of the Contract will be allowed therefor.

When ordered by City to make any such repair, Contractor shall start work thereon within four (4) hours and shall prosecute the same with diligence to completion. Upon failure of Contractor to so comply with such order, or upon Contractor’s failure to make immediate emergency repairs reasonably determined by City to be necessary in the best interests of the public, City shall have authority to cause such repair to be made and to deduct the costs thereof from any money due, or which may become due, Contractor.

In an emergency affecting the safety of life or property including adjoining property, Contractor shall act to prevent, to the extent possible, such threatened loss or injury, whether or not instructed to do so by City.

6.15 Contractor’s Responsibility for Work
Until Final Acceptance of the Work, Contractor shall have the charge and care of the work and of the materials to be used therein, and shall bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work.

The materials to be used in the Work include both those furnished by City and those furnished by Contractor, including materials for which Contractor has received partial payment as provided in Section 8.3, Progress Payment.

6.16 Indemnification
City, and each of their officers, employees, consultants and agents, shall not be liable or accountable in any manner for:

A Loss or damage that may happen to the Work or any part thereof; B Loss or damage to materials, equipment, tools or other things used or employed in performing the Work;
C Injury, sickness, disease, or death of any person, including, but not limited to, workers and the public; or D Damage to property;
E Resulting from any cause whatsoever except their sole negligence, willful misconduct or active negligence, attributable to performance or character of the Work, and Contractor releases all of the foregoing persons and entities from any and all such claims.

To the furthest extent permitted by law (including without limitation California Civil Code Section 2782), Contractor shall assume defense of, and indemnify, and hold harmless City, and each of their officers, employees, consultants and agents, including, but not limited to, the Council, City and each City representative, from claims, suits, actions, losses and liability of every kind, nature and description, including but not limited to attorneys’ fees and consultants’ fees, directly or indirectly arising out of, connected with or resulting from Project No. 2010-01
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performance of the Work, failure to perform the Work, or condition of the Work which is caused in whole or part by any act or omission of Contractor, Subcontractors, any one directly or indirectly employed by any of them or any one for whose acts any of them may be liable, regardless of whether it is caused in part by the negligence of City or by any person or entity required to be indemnified hereunder.

With respect to third party claims against Contractor, Contractor waives any and all rights to any type of express or implied indemnity against City, and each of their officers, employees, consultants and agents, including, but not limited to, the Council, City representative.

Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its Subcontractors of any tier, or the officers or agents of any of them.

To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782), the indemnities, releases of liability and limitations of liability, and limitations of remedy expressed throughout the Contract Documents shall apply even in the event of breach of contract, negligence (active or passive), fault or strict liability of the party[s] indemnified, released, or limited in liability, and shall survive the termination, rescission, breach, or completion of the Contract Documents. If Contractor fails to perform any of these defense or indemnity obligations, City may in its discretion backcharge Contractor for its costs and damages resulting therefrom and withhold such sums from progress payments or other contract monies which may become due.

The indemnities in the Contract Documents shall not apply to any indemnified party to the extent of its sole negligence or willful misconduct; nor shall they apply to City to the extent of its active negligence.

6.17 Payment of Taxes
Except as otherwise specifically provided in the Special Provisions, the Contract Prices shall include full compensation for all current and future taxes of any type which Contractor is required to pay, whether imposed by federal, state, or local government, and no tax exemption certificate or any other document designed to exempt Contractor from payment of tax will be furnished to Contractor by City.

6.18 Cooperation with Others
City reserves the right to do other work on or near the Project. Contractor shall cooperate with others and conduct Work so as to facilitate work by City or others and prevent delay, additional expense, or hindrance thereto. Contractor shall request from, and exchange with others, Drawings, data, and information as necessary to insure proper completion of the project and work of others. Contractor shall furnish copies of correspondence and Drawings exchanged with other contractors to City.

Contractor shall conduct, adjust, correct, and coordinate Work with work of others so that the Project shall be free of defects.

6.19 Property Rights in Materials
Nothing in the Contract shall be construed as vesting in Contractor any right of property in the materials used after they have been attached or affixed to the Work or the soil, or after payment has been made for 90 percent of the value of materials delivered to the Site of the work, whether or not they have been so attached or affixed.

All such materials shall become the property of City upon being so attached or affixed or upon payment of such 90 percent of the value of materials delivered by Contractor on the ground and not used.

6.20 Rights in Land and Improvements
Nothing in these Specifications shall be construed as allowing Contractor to make any arrangements with any person to permit occupancy or use of any land, structure, or building within the limits of the Contract for any purpose whatsoever, either with or without compensation, in conflict with any agreement between City and any owner, former owner, or tenant of such land, structure, or building.

6.21 Title to Materials Found on the Work
The title to all water and to the right to the use of all water, to all soil, stone, gravel, sand, minerals, and all other materials developed or obtained in the excavation or other operations by Contractor or any subcontractor, or any of their employees, and the right to use or dispose of the same, are hereby expressly reserved by City, and neither Contractor, nor any subcontractor, nor any of their employees shall have any right, title, or interest in or to any part thereof; neither shall they, nor any of them, assert or make any claim thereto. Contractor may be Project No. 2010-01
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permitted to use in the Work, without charge, any such materials which meet the requirements of these Specifications.

6.22 Trespass
Contractor shall be responsible for all damage or injury which may be caused on any property by trespass by Contractor, any subcontractor, or their employees in the course of their employment, whether the said trespass was committed with or without the consent or knowledge of Contractor.

6.23 Subcontracting
The Contractor shall give personal attention to the fulfillment of the contract and shall keep the work under the Contractor's control.

No subcontractor will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor and the Contractor will be held responsible for their work, which shall be subject to the provisions of the contract and specifications.

The Contractor shall perform, with the Contractor's own organization, contract work amounting to not less than 50 percent of the original total contract price, except that any designated "Specialty Items" may be performed by subcontract and the amount of any designated "Specialty Items" performed by subcontract may be deducted from the original total contract price before computing the amount of work required to be performed by the Contractor with the Contractor's own organization. When items of work in the Bid Form, (Document 00400) are preceded by the letters (S), those items are designated as "Specialty Items." Where an entire item is subcontracted, the value of work subcontracted will be based on the contract item bid price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the contract item bid price, determined from information submitted by the Contractor, subject to approval by the Engineer.

Subcontracts shall include provisions that the contract between the City and the Contractor is part of the subcontract, and that all terms and provisions of the contract are incorporated in the subcontract. Subcontracts shall also contain certification by the subcontractor that the subcontractor is experienced in and qualified to do, and knowledgeable about, the subcontracted work. Copies of subcontracts shall be available to the Engineer upon written request, and shall be provided to the Engineer at the time any litigation against the City concerning the project is filed.

Before work is started on a subcontract, the Contractor shall file with the Engineer a written statement showing the work to be subcontracted, the names of the subcontractors and the description of each portion of the work to be subcontracted.

Pursuant to the provisions of Section 6109 of the Public Contract Code, the Contractor shall not perform work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City, the subcontractor shall be removed immediately on the requisition of the Engineer and shall not again be employed on the work.

Contractor shall comply with Subletting and Subcontracting Fair Practices Act commencing with Section 4100 of the Public Contract Code Violations shall subject Contractor to penalties described in the Act.

Cupertino City CouncilOctober 18, 2022

Cupertino City Council
October 18, 2022