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02-028 Blackberry Farm Golf Course Maintenance, Proj. 2001-08 (includes substitute agreement) 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. 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 DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written acceptance and approval of the PROJECT MANAGER. 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'S performance 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 $14,583.33 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 $175,599.96 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 ($1.50.00) 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 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. 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's services 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. 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. 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'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 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'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 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.~t 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 Report- Nondiscrimination Provisions of City of Cupertino Contracts." If CONTRACTOR is found in violation ~~f 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 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 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 bre<<ch 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. 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-ement are 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~ W i M. Q e By: Attest: City C rk Dater ~- , 20Qa- City 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: $175,599.96 Account Number: 560-6640-7014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 11 - ss. County of ,~An.7A Clil'dA On .3' 02 ?' ~z before me, ~f~~ y ~ t~R~~e,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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswonh, CA 91313-2402 • oiww.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 7-600-876-6827 s~i~ ~ C. BID PROPOSAL •, BLACKBERRY FARM GOLF COURSE AAINTENANCE, PROJECT NO.2001-OS 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 7-1.01 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 Golf C~~urse $ 14,583.33 /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 $ 175,600.00 BID PROPO:',AL PAGE 2 OF 8 I, the undersigned, agree that if this 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~une(s). Spot Water Management Sierra Pacific Turf Supp,,y, Naumama Turf Consulting Mike Basile -Golf Course Superintendent My California Contractor's License Number is 771953 The classification of my Contractor's License is ~-27 The expiration date for my Contractor's License is 11/30/2003 (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 $100,000/year equoya - erry rasso - 0-632-2903 Palo Alto GC - Dave Davies - 650-329-2175 917-544-0050 1998-1999 Portola Valley GC Maintenance Scott McNealy Private $30,000/year 98-02 N. California Turf Consulting Various Golf Courses $1,000,000/year. --has Pc~s}tas Gelf Ce~~se-~~lkh 925-373-5329 Palo Alto GC - Dave Davies - 650-329-2175 Palo Alto Hills CC - Mike Garvale - 650-948- 0922 98-02 Santa Clara Golf Superintendent City of Santa Clara $70,000/year T~arr.;~ Wr>1fe-~~1Lf3-6152261 BID PROPOSAL PAGE 6 OF 8 SUBCONTI2E~CTOR'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 :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's License No. Address & phone no. Work to be Performed 2. Name Contractor's License No. Address & phone no. Work to be performed 3. Name Contractor's License No. Address & phone no. Work to be performed 4. Name Contractor's License No. Address & phone no. Work to be performed 5. Name Contractor's License No. Address & phone no. Work to be performed 6. Name Contractor's License No. Address & phone no. Work to be performed BID PROPOSAL PAGE 7 OF 8 BIDDER'S SI~sNATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO- PARTNERSHIl', 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[S INSTRUCTIONS 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's certificate 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 self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress ~~f 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 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's rating 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 - $1,000,000 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's Name) /~,, ~ 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\lJ~~~~i _ V~ - ~ ~ ~~ Address: _ 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 Representative:~L=~~. ~ ~ . ~ (Original signature required on all Endorsements furnished~o the Names of g ^ ,,'/ ----' Agent/Agency:~ ~ I V C~I./V ~ 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(`~:YX'~I"Y r~ ~`Vl't ~~UI f ` (.-~~~~~ ~/I~LI~(.f'iYl~d11C.~ POLICY INFORMATION 1. Insurance Company: ~~ .~ ~ `~ l ~c 1~,~~! 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. 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, 1~IlY 1 u,/11/1 V (print/type name) warrant that I have authority to bind the~lvw~~ted-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 94142-0$'07 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~:`4.4u`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.aSi:'.il~;' ~.~ 1~7.i~~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~'~14J.L~.~ 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?SIU?i 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 1088 Torr 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'~L_1~ 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(~E 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: ~N [>`( `=,t.-~=i~ t~-.~~ ~~rs i ~ ~~, = <c ~_ r\,~. ~~+~,;~tLW~(~--~-~~T Address: l ~. ~ ~ (~ ~ ti1C:cl~ty /~~1 - ~;~ i t_ ~ vcJ 'Description of operations/locations/products insured (show contract name and/or number, \if any): -f~_-t~-Cj1z'l~=f~--y { i'~ 1~- ~'~ CZ[ '~ t_-- f !~/t ~'~ x- ltlA ~ -J 1 K-,~~~-}CL ~=' if c> 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~1 L-1 1'1 - l Lr_ -~ ~ / V' " -:. ~ f G_ 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~~J~day 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 $14,947.92 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 $179,375.04 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'S services 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-t 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 p~u-ty. 11. 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. 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. 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. 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'S or 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's liability 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 <<s security for the faithful performance of this 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, 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. 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 Report- Nondiscrimination 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: $179,375.04 Account Number: 560-6640-7014 File Nos: 92,054.11 zj~G:J 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 self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will ~~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's rating 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 of A, Class VII or better. Worker's Compensation Liability In accordance with the Worker's Compensation Act of the State of California - $1,000,000 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's Name) 0 1 Dated: ~ Z~ 20~ Insurance Agreeme~it Page 2 of 2 FROM :Spot Water Mana9ement,Inc FAX NO. :408-288-8156 Oct. 30 2003 13:11PM P3 OF'' . CUPE(t`TINO CERTIFICATE OF lN5tURANCE TO T>dE CY`I'X 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~ess:._1272 Lincoln Avenue __ - ~~'~ ose, CA 9512,,, Description oioperations/locatious/produc~s instu+cd (show contract name and/or nvmt er, if any): ~owide.a po.1 f course mai ntwnanrw(mowj,~g,~~,gaf blowinct, raking) i"~- ,- ,. _.~z woxKER's COIKPENSA~'ION * Statutory Min. * Employer's c e Lialbility (nsrne of insurer) Company $11000, ,000 $ 1,000,000 $1,000,000 Insurance Company's State License No. ~ ~ _ `-`-' Check Policy Type: Each Occurrence ~ 1 , 0 0 0 , 0 0 0 .___ CONIPRE~ENS1rVE GENERAL ILIABILi'X'X [ x] Premises/Operations [ xj Owners 8r Contractors Protective [ ,~ Contractual for Specific Contxa~ct a. [ ~ Products Liability ~ ~ xc~v E[azards (~c ] Broad Fornt P.D. [$ ] Severgbility of Interest Clause Getteral Aggregate . (if applicable) Aggregate $ 2,000,000 $ 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,L GENERAL 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. :408-288-8156 Oct. 30 2003 13:12PM P4 ~." - - w At_I`I'OIt~OT;IVE/VEHICLE 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 of Tnsw~ance. This Certificate of Insurance is not an instu-anc;e 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:ficy(ies) provide liability insurance as required. by he Agreement betweezt~t(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. :408-288-8156 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 agreed as follows: The insurancx affordcd by this policy is primary insurance, and no additional i nsar$nce hcld or owned. by"the designated additional instu~cd(s) 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 of this 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 Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or deliver ~ to the City at 10300 Tonne Avenue; Cupertirxo, California 95014. i, K e 11 J. Vol a t t i (print/type name) warrant that I have authority to bind the 'below Listed Insurance Company and by any Signature', hereon do so bind this Coznparry, Signature of Authorized 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• 510-505-9077 Fremont, CA 94538 Facsimile: 510-505- 0284 Primary Endorsement page 1 of 1 FROM :Spot Water Management, Inc OF CUPEI~TINO FAX NO. : 4i~8-288-8156 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~'OItMA'T)<ON 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 (pz'int/t<Pe name) warrant 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~tati~e: (Original signature required o 11 Rn eats to the iet) names of ~gendAgency:_Voltiatti Insuranceservices Title: owner ~.ddress: 39350 Civic Center Dr. =411 Telephone: 510-505-9077 `1' Fremont ~ CA 94538 Facsimile: 510-505-0284 Additional Ins~ued Endorsement Page I of l FF20M :Spot Water Management, Inc ~' ~TM of CUPEl~TINO FAX N0. :408--288-8156 Oct. 30 2003 13:13PM P7 COl1~.'REHENSI'VIC GENERAL LIABILITY C01V1MFRCIAL (xEN>~RAL LIABILITY ENDORSElVIENT OF A.GGREGA,TE X.IIVIZTS OF INSURANCE PER PROTECT 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 t;lereto, it is as follows: This Endorsement modifies the insurance provided under the Cien;eral Liability Coverage part the below~referenced policy of insurance. The general aggregate limit under LIMITS QF IlVSYJRANCE applies separately to the project described aS Blackberry Farms Golf Course 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. All notices hez-ein provided to be given by the Insurance Company to the City itt connection with this 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 authority to bind the below listed Insurance Company and b, ~ ny signature iereon do so bind this Company. >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. :408-288-8156 Oct. 30 2003 1?:14PM P8 cuPE>~nNO 'WAIVI~,R O1F' SUBROGATION ENAORSEMENT WORKER'S COMPENSATION IlVSIIRANCE la consideration of the policy premiw~ and notwithstanding any inconsistent s~tement in the policy to which this Endorsement 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 of subrogation it may require against the City of G pe ti~io, and ~ of its directozs, offtcers, agents, consultants arld employees by reason of any payment m ide on account of injury, including death resulting them&om, sustained by any employee of the inswod, arising out of the performance of the abovo-referenccd Contzac~t. POLICY INk'ORMA'~ON 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 Company to the City n connection with this policy and this Additional 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 authority to bind the below listed Insurance Co an and b~t•ne same) 'lereon do sv bind this Company. ~ y Y Y ignature iignature of Authorized (Original signature ~ dames of ~gendAgency. Vol atti Insurance Services Title: owner 1 address: CPntp.r nr_ X411 Telephone: 510-505-9077 Fremont, ~, 94538 Facsimile: 510-505-0284 _.~_ Subrogation Lxdorsemcnt Page 1 of 1 FRt7M :Spot Water Management, Inc CUP~i~TiNO FAX NO. :408-288-6156 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~pea:tina ("City'. Such notice shall be addressed to the City as indicated below. POLICX 1<NFO1tMATION ~. Insurance Company:_ S r n 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 (print/ry~enamc) warrant that I have authority to bind the below listed 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.gent/A.gency: Volpatti Insurance Servicesfi~ce Owner _ address: 39350 Civic Center Dr. #411 Telephone: 510-505-9077 Fremont, CA 94538 Facsimile: 510-505-02$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