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10-044 Blackberry Farm Golf Course Maintenance, Professional Turf Management Zo1 e�►�� FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PROFESSIONAL TURF MANAGEMENT, INC. FOR BLACKBERRY FARM GOLF COURSE MAINTENANCE This First Amendment to the Agreement between the City of Cupertino and Professional Turf Management, Inc. for reference dated June 11, 2015, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and PROFESSIONAL TURF MANAGEMENT, INC. a California corporation ("Contractor") whose address is 510 Salmar Avenue, Campbell, CA, and is made with reference to the following: RECITALS: A. On March 17, 2010, an agreement was entered into by and between City and Contractor (hereinafter "Agreement") for Blackberry Farm Maintenance. B. On or about June 7, 2012, and June 18, 2014, City exercised its options to extend the Agreement as set forth in the contract. C. The Agreement expires on June 30, 2015, and parties desire to extend the term of the Agreement for six (6) months in order to provide the City with time to solicit bids for a new contract for these services. D. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 3.1 of the Agreement is modified to read as follows: Contract Time. The Contract Time commenced to run on July 1, 2010. The original term of the contract was for (2) years from the start date of the contract. The City exercised its options to extend the contract on a year-to- year basis for three (3) additional years,-for a total of five (5) years. The parties now agree to extend the contract for an additional six (6) months, under the same terms as the original option to extend. Any increase or decrease in the previous contract price shall be based upon the annual percentage change in the Consumer Price Index (CPI) as of April, 2015. The CPI shall be the San Francisco/Oakland Consumer Price Index for all urban wage earners. For purposes of calculating the contract amount for this six (6) month extension, the previous contract price is$187,280.00. 2. Paragraph 4.1 of the Agreement is modified to read as follows: City shall pay Contractor the Contract Sum for Completion of Work in accordance with the Contract Documents as set forth in Contractor's, Bid, attached as the Exhibit "A" to the Agreement. For this (6) month extension, the parties agree that the total contract price shall be $95,887.00. All other terms and conditions of Exhibit "A" (including Bid Form, Document 00400) remain unchanged. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONTRACTOR CITY OF CUPERTINO A M i ipal Corporation N v�f X72-�z.111 � y: Don Naumann By: David Brandt Professional Turf Management, Inc. City Manager Its: Princip Date APPROVED AS TO FORM: Carol Korade City Attorney ATTEST: 1� Grace Schmidt �� L. City Clerk EX Proj ect No.20 10-0 1 HIBIT A DOCLTMENT 00400 BID FORINT To be submitted as part of Envelope"A"by the time and date specified in Document 00200(Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF THE CITY OF CJPERTINO THIS BID IS SUBMITTED BY: (Firm/Company Name) Re: PROJECT NUMBER 2010-01 BLACKBERRY FARM GOLF COURSE MAINTENANCE 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non-responsive. 2. Bidder accepts all of the terms and conditions of the Contract Documents,Document 00100(Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will.remain subject to acceptance for 90 Days after the day of Bid opening. 3. Bidder has visited the Site and performed all tasks,research,investigation,reviews,examinations,and analysis and given notices,regarding the Project and the Site,as set forth in Document 00520(Contract),Article 5. t 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5. Subcontractors for work included in all Bid items,in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430(Subcontractors List). 6. The undersigned Bidder understands that City reserves the right to reject this Bid. 7. 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 theren.-These documents include,but are not limited to,Document 00520(Contract),Document 00610(Construction Performance Bond),and Document 00620(Construction Labor and Material Payment Bond). i 8. Notice of Award or request for additional information"may be addressed to the undersigned Bidder at the address set forth below on the signature page. 10. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States,or a corporate surety bond furnished by a surety authorized to do a.surety business in I . City of Cupertino Bid Form . BBF Golf Course Maintenance 00400-1 Project No.2010-01 the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent(10%)of the total of Bid and made payable to the"City of Cupertino": 11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site,the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents. 12. The undersigned Bidder agrees that, in, accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the'time specified in Document 00520 (Contract)shall be as set forth in Document 00520(Contract). ©' 10"1 Q /1;17 e ri1� 1^ PS.S i City of Cupertino Bid Form BBF Golf Course Maintenance 00400-2. i i Project No. 2010-01 SCHEDULE OF BID PRICES All Bid items,including lump sums and unit prices,must be filled in completely. Quote in figures only,unless words are specifically requested. Specialty Items are identified on the Bid Form in the description. ESTEVIATED UNIT [TEM DESCRIPTION QUANTITY MT PRICE TOTAL 1. Provide Maintenance at 12 Months S Blackberry Farm Golf Course [73 $20 2. Soil Sample Collection and 12 Each lye $ �D Testing TOTAL BID $ PRICE �2 0 L^ Total Bid: 6Cvz�- dayo 1✓ Lx (words) Unit Legend LS = Lump Sum AL=Allowance EA= Each SF=Square Feet LF=Linear Feet TON=Ton or 2,000 Pounds CY=Cubic Yards LB= Pounds Pilo a 1 i City of Cupertino Bid Form BBF Golf Course Maintenance 00400-3 Project No.2010-01 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date . Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form. NAME Off'BIDDER: i^O 717e 5S ton a -Ty r" CT n Q eh�— licensed in accordance with an act for the'registration of Contractors,and with license number: U 2 6-oy Expiration Date: I !1 C_ G /l74 e No y✓Yt R A o Where incorporated,if applicable Principals I certify(or declare)under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature 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: L�,ao x 7 b o ! Z Officers authorized to sign contracts:. 60 N /(/c?V 117 Q n n aS Typed Full.Name: _ Telephone Number.(s): Fax Number(s): �� ( �— 941. E-Mail Address: I7J i ft e Cj as r jc aTm a C o i i END of DOCUMENT City of Cupertino Bid Form BBF Golf Course Maintenance 00400-4 i i BLACKBERRY FARM GOLF COURSE DEPT. OF PARKIS' AND RECREATION 10300 Torre Avenue, Cupertino, CA 95014-3255 Telephone: (408) 777-3354 C U P E RT I N O Fax: (408) 777-3 333 June 18, 2014 Mr. Don Naumman Professional Turf Management, Inc. 510 Salmar Avenue Campbell, CA 95008 Pursuant to the agreement between the City of Cupertino and Professional Turf Management, Inc., (Blackberry Farm Golf Course Maintenance,Project No. 2010-01),the City hereby exercises its renewal option for maintenance services related to Blackberry Farm Golf Course. This renewal contains the same provisions as the original agreement, including a modification to the contractor's compensation as determined by-the consumer Price Index(CPI) as of April 2014. The CPI:is the San Francisco/Oakland/San Jose Consumer Price Index, which is+2.8% for all urban wage earners. This renewal will commence on July 1, 2014, and be in effect for one year. Tim y H. Coles n aumann Recreation Coordinator Owner/Principal Blackberry Farm GC PTM Do cCarthy creation Supervisor arks and Recreation PURCHASE ORDER NO. 00058491 PAGE NO. 1 s F --] � V 2661 H CITY OF CUPERTINO E PROFESSIONAL TURF MGMNT INC I I N P O BOX 84 P QUINLAN COMMUNITY CENTER D 10185 N STEELING ROAD pl I O CAMPBELL CA 95009 I CUPERTINO CA 95014 R L_ J L- ATTN: ORDER DATE: 0 6/2 6/14 BUYER: DON MCCARTHY REQ. NO.: p REQ. DATE: TERMS: NET 3 0 DAYS I F.O.B.: DESTINATION I I DESC.: ITEM# QUANTITY UOM DESCRIPTION I UNIT PRICE EXTENSION :.:..:. :......:.:..::.. •:. :•:. :::: :...:::::::::.:. 15..G.OLF.::COURSE .MP,INTENANCE:.:.:::::1:$...7.. .$C...QQQ3 187,280:00 :::.:...:....::.:.:....1:..0 0:..::::::::•:.::::.7 ..1 .14., 6 .3 Q.. ..:.... :<::»:> :.:. ...... ::. ..... ....*>:.:::::<::::>::::::»»:<::<:>::»<:::>:<:;::>;::•::.::;:<::;:; ...... 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ITEM# ACCOUNT AMOUNT PROJECT CODE PAGE TOTAL $ 1871280 .00 TOTAL $ 1871280 .00 1. Ol 5606440 7014 187,280 .001 . - I L,7-�;e � APPROVED BY ,061RECTOR OP"RCHASING ��j BLACKBERRY FARM GOLF COURSE ' DEPT. OF PARKS AND RECREATION J ' 10300 Torre Avenue, Cupertino, CA 95014-3255 1- I 45 Ss Telephone: (408) 777-3354 C U P E RT I N O Fax: (4081777-3333 :;z:)/ /3/43) p() June 7, 2012 `37;J5 - - Mr. Don Naumman Professional Turf Management, Inc. Z1/4 510 Salmar Avenue Campbell, CA 95008 Pursuant to the agreement between the City of Cupertino and Professional Turf Management,Inc., (Blackberry Farm Golf Course Maintenance,Project No. 2010-01),the City hereby exercises its renewal option for maintenance services related to Blackberry Farm Golf Course. This renewal contains the same provisions as the original agreement, including a modification to the contractor's compensation as determined by the consumer Price Index(CPI) as of April 2012. The CPI is the San Francisco/Oakland/San Jose Consumer Price Index, which is+2.2%for all urban wage earners. This renewal will commence on July 1, 2012, and be in effect for one year. tr 0" ler Timothy H. Coles •aumann Recreation Coordinator Owner/Principal Blackberry Farm GC PTM 4i LAMS 1)on McCarthy Recreation Supervisor Parks and Recreation • Project No.2010-01 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this 171 day of March, 2010, by and between Professional Turf Management whose place of business is located at 510 Salmar Avenue, Campbell, CA 95008 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the City by the laws of the State`of California. WHEREAS,City,on the 16th day of March,2010 awarded to Contractor the following Project:. PROJECT NUMBER 2010-01 BLACKBERRY FARM GOLF COURSE MAINTENANCE NOW,THEREFORE,in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents,in accordance with the Specifications, Drawings,and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Don McCarthy,Recreation Supervisor,to act as City's Authorized Representative(s),who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s)acting as City's Authorized Representative(s),or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation,all releases and indemnities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino,California 95014 or to such other person(s)and address(es)as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on July 1,2010. The term of this contract shall be two(2)years from the start date of the contract. The City shall retain the option to extend the term of the contract on a year-to-year basis not exceeding three(3)years from the expiration of the original term,for a possible total of five(5)years. Any such renewal after the first two(2)years shall be accomplished by the City providing a written notice of renewal to the Contractor at least 30 days prior to expiration of the term. Any such renewal shall contain the same provisions as the original contract, including and increase or decrease in compensation paid to the Contractor. Any increase or decrease in the pr evious contract price shall be based on the annual percentage change in the Consumer Price Index(CPI)as of April of the year the adjustment is being made. The CPI shall be the San Francisco/Oakland Consumer Price:Index for all urban wage earners. There will be no CPI adjustment during the firs two years of the contract. City of Cupertino 00520-1 Contract BBF Golf Course Maintenance Project No.2010-01 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses(such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above,plus any extensions thereof'allowed in accordance with the Contract Documents. Consistent with Document 00700(General Conditions), Contractor and City agree that because of the nature of the Project,it would-be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly,City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $150 for each Calendar Day that work is not completed as required. 3.2.2 $2,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS. 3.2.3 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor • can demonstrate to City's satisfaction is beyond Contractor's control or without City approval. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Gain;and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered • species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City(for example, delay claims of other contractors,subcontractors,tenants,or other third-parties),and defense costs thereof. • Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid,attached hereto: See Exhibit"A"attached Article 5. Contractor's Representations .__. In order to induce City to enter into this Contract,Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means,methods,techniques,sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings,products specifications or reports, available for Bidding purposes, of City of Cupertino . 00520-2 Contract BBF Golf Course Maintenance Project No.2010-01 physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data,Hazardous Materials Surveys and Existing Conditions),or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost,progress,performance or • furnishing of Work,as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accorlance with the other terms and conditions of the Contract Documents, including specifically the provisions' of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests; reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations,tests,reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts,errors, ambiguities,or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument,contract,order or decree binding on Contractor. . 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code§4100 et seq.in document 00340(Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents,including all changes,addenda,and modifications thereto: Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00460 Schedule of Major Equipment and Materials Suppliers Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00510 Notice of Award Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed • Document 00610 Construction Performance Bond Document 00700 General Conditions Document 00800 Special Conditions Document 00821 Insurance Technical Specification/Special Provisions Addenda(s) City of Cupertino 00520-3 - Contract BBF Golf Course Maintenance Project No.2010-01 6.2 There are no Contract Documents other than those listed in this Document 00520,Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700(General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California.Public Contracting Code§4100 et seq. 7.4 The Contract Sum includes all allowances(if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C.§15)or under the Cartwright Act(Chapter 2(commencing with Section 16700)of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor,without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft,classification, or type of worker needed to execute the Contract,as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northem.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code,Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part,term or provision of this Contract or any of the Contract Documents,or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity,-illegality or=enforceability may be waived,they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable • law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action City of Cupertino 00520-4 Contract BBF Golf Course Maintenance Project No.2010-01 or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700,Article 12,established under the California Government Code,Title 1,Division 16,Part 3,Chapter 5. • - 00520 5 Contract City of Cupertino i BBF Golf Course Maintenance - Project No.2010-01 ?ovrP14 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. BLACKBERRY FARM GOLF COURSE MAINTENANCE CITY: CONTRACTOR: /y‘‘/ CITY OF CUPERTINO,a Municipal Corporation of the Professional Turf Management State of California By: ,2' /�� [Signature) Attest: �'y��1 ///�� ' (rG/!Ue/ (� /CiSrZ Kl [Please print name here) City Clerk:Kimberly ti 41 Appr e as to fog iu by City Attorney: Title: [If Corporation: Chairman,President,or Vice President] City Attorney: By: [Signature] I hereby certify,under penalty of perjury,that David W. [Please print name here] Knapp,City Manager of the City of Cupertino was duly i authorized to execute this document on behalf of the City of Title: Cupertino. [If Corporation: Secretary,Assistant Secretary, Chief Financial Officer,or Assistant Treasurer) Dated: S, /8 . (D '7ZCvo � C-2% State Contractor's License No. Classification e2-`2;i -(' ( b ,3t 40 // David W.Knapp,City Manager of the City of Cupertino,a Expiration Date Municipal Corporation of the State of California / Designated Representative: Taxpayer ID No. (2 ‘-" / 6 (7/l 63 T Tale: City,qrc t tcc<1 1 Y-,.. I f. ;y _ _• Ad(Ires�, •i 'l'on'e Ave. Cup.r 1..... CA 9501 t f� � Phon;. s ' ' 3354 Phone: `'-J S ' 3.1 -. 5,.G.cp Fae iusiic ,w,i-771..3333 Facsimile: `i"OS' ';y..:l(. 05 NOTARY ACICI90 DGEMj'f IS R14'Qp1RED. IF A 4 COt 4isOV. A:1 4.47 ,T SM 9..NP tckFORATE":' tNIJUNJ l J74,4,20.00 NOTARY Acicr o XI 1;DE11 rOf AND FEDERAL I t X:"CD ARE S( C f2t'N 1 Nt Jl 1}I x;`60 I0-7(314: ,n i�c%,t 1tEQUIREp. IF NOT'A r'ORl'£II+AFFO" SOCIAL, SECURITY FILE,;`O 32,(L 4 14 . /i ` f NO.1S R15Q.,-I12EJA END OP__ _GUI N'T (- u:.,__:1 :C1'1i:�. • ., . ?0 6 Contract .,.JJ' iriolf(:'',,,I..--,:-i',,laintcnut'J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ( State of California F County of 407;14 2A / 4 Lou 9. to Onf�--12,pro before me, t c�- Ott I O l,q'�-y (,c C Date Here In rt Name and Title of trfe Officer personally appeared / '-f�i4�L— �, t //F-personally Name(s)of Signer(s) i io ), who proved to me on the basis of satisfactory evidence to be the person 'f whose name =,a are % alc LOUIE subscribed to •• within instrument and acknowledged i` t Commission# 1678503 me tha he/they executed the same in : i X0.191 Notary Public-California i, •s er/their authorized capacity( ), and that by tt ' Z � , F,► Santa Clara county is er/their signature on the instrument the vi My Comm.Expires Jul 26,2610 • % person a'j, or the entity upon behalf of which the person(/acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing Vc paragraph is true and correct. iici ' WITNESS my ha • -nd officia41.0 >> Signature: > -s �� ?' Place Notary Seal Above ary Public )� > OPTIONAL >> Though the information below is not required by law,iv may prove valuab son .. '•• •.. •- •.--. ent and could prevent fraudulent removal and reattachment of this form to another document. ?; l Description of Attached Document , ( . ?" Title or Type of Document: ,$ r Document Date: /?4-�C// /7, .20/0 Number of Pages: --7" ' Signer(s)Other Than Named Above: ��' > Capacityjs) Clef ed y Signer/al '� Si ner's Name: �� - Sign:r's Name: '0 Corporate Officer—Title(s): �es�.4,-1 t ❑Co 'orate O r icer—Title(s): ❑ Individual RIGHT-THUMBPRINT El Indiv r ual RIGHT.THUMBPRINT', yl OF SIGNER =OF.SIGNER ❑ Partner—❑Limited ❑General Top of thumb here ❑Partne —• Limited ❑General T.p of thumb •re ❑ Attorney in Fact *" ❑Attorney• Fact ❑ Trustee J ❑Trustee ❑ Guardian or Conservator. {` ❑Guardi.n or onservator 9 ❑ Other: f ❑Other 0 / Cq `:..Ri :)- Signer Is Representing: ,.•4 Signe Is Representing: j 6.` .�_, ,. r ',_,4\_..�`..�-. ..\_.._' ' "%—,.\•.'_. ,\..,..`.,.\_..,."_,4\,.\_.`..�._..,,,.�.'._..,.-..�?..�.\...�:%_..\.,.s>,-,,.�..`..� ®2009 National Notary Association•NalionalNotary.org•1-800-US NOTARY(1-800-976-6627) Item#5907 i J ) I}JJJ3J'J' /� Pr oj ect No.2010-01 • L/�1 DOCUMENT 00400 BID FORM To be submitted as part of Envelope"A"by the time and date specified in Document 00200(Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF'nig CTTY OF CUPERTINO THIS BID IS SUBMITTED BY: Ppo4ssioI 1u/4 C tl€rJ (Firm/Company Name) Re: PROJECT NUMBER 2010-01 BLACKBERRY FARM GOLF COURSE MAINTENANCE 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino ("City") in the form included in the Contract Documents,Document 00520 (Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non-responsive. 2. Bidder accepts all of the terms and conditions of the Contract Documents,Document 00100(Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening. 3. Bidder has visited the Site and performed all tasks,research,investigation,reviews,examinations,and analysis and given notices,regarding the Project and the Site,as set forth in Document 00520(Contract),Article 5. 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5. Subcontractors for work included in all Bid items,in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430(Subcontractors List). 6. The undersigned Bidder understands that City reserves the right to reject this Bid. 7. If written notice of the acceptance of this Bid,hereinafter referred to as Notice of Award,is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200(Instructions to Bidders)within the times specified therein,'These documents include,but are not limited to,Document 00520(Contract),Document 00610(Construction Performance Bond),and Document 00620(Construction Labor and Material Payment Bond). 8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page. 10. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States,or a corporate surety bond furnished by a surety authorized to do a surety business in City of Cupertino Bid Form BBF Golf Course Maintenance 00400-1 • Project No.2010-01 • • the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent(10%)of the total of Bid and made payable to the"City of Cupertino". 11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site,the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be requi ed to cooperate with such other work in accordance with the requirements of the Contract Documents. 12. The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 (Contract)shall be as set forth in Document 00f20(Contract). Yoire6slovk �r^fi / avictle /neh7— • City of Cupertino Bid Form BBF Golf Course Maintenance 00400-2. • Project No. 2010-01 • SCHEDULE OF BID PRICES All Bid items,including lump sums and unit prices,must be filled in completely. Quote in figures only, unless words are specifically requested. Specialty Items are identified on the Bid Form in the description. ESTIMATED UNIT ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL 1. Provide Maintenance at 12 Months �� ' 85 p'� s �� g2.0 Blackberry Farm Golf Course U , 2. Soil Sample Collection and 12 Each $ 00. °I Testing TOTAL BID $�7� 72 �,� � PRICE D Ili 05 .4 1 jj Total Bid. ONE. Dune -e Q ce1k -�auR f lOUSAJ -OUR.:/OSLO FILitifib crsK lJ t (words) Unit Legend LS = Lump Sum AL=Allowance EA= Each SF=Square Feet LF= Linear Feet TON=Ton or 2,000 Pounds CY=Cubic Yards LB= Pounds 0//i pb 4r6`e-/ 6 /2.v, �1 ////„1_ pi) i¢ % t / 7 4, 4- ley i-V/} pod 3-7Z--Cv / e://:1 fX_2_ • • PrCale,5,3 10,ICZ I it or( 6'faiiage;neel 1 • City of Cupertino Bid Form BBF Golf Course Maintenance 00400-3 1 • Project No.2010-01 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date 217/iv • Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form. //flan - NAME OF BIDDER: /3Ctessranet lie /' aajeKrre�— p licensed in accordance with an act for the registration of Contractors,and with license number: 0 2(SD g Expiration Date: /0/3// /I Cc? /,I rn i 4 Don /V )t..) c?'1 Where incorporated,if applicable /� �( l R.51 �-c. Principals • I certify(or declare)under penalty of perjury tnder the laws of the State of California that the foregoing is true and correct. deZdWa Signature of Bidder NOTE: If Bidder is a corporation,set forth the legal name of the corporation,state where incorporated,together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation.If Bidder is a partnership,set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. Business Address: P O,eo x 700 o i ./a. ,San So• e, Cc. 'A5 /70 Officers authorized to sign contracts: 1 o VI NO c,vn a n /yl kc 4 s /e yped\Fu11 Name: _ Telephone Number(s): (40.10 0 16-- Fax Number(s): (q 0?) Y7 7- 6.0 / 1( E-Mail Address: / )rke t7a3, lc© ADT,m 1, Com END OF DOCUMENT City of Cupertino Bid Form BBF Golf Course Maintenance 00400-4 Project No.2010-01 DOCUMENT 00430 SUBCONTRACTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract. Description of Work: Full Name of Subcontractor and Address Reference To Bid Items Subcontractor's License No. (Bidder to attach additional sheets if necessary) f / T r iv (Bidder END OF DOCUMENT • City of Cupertino 00430-1 Subcontractors List BBF Golf Course Maintenance Project No.2010-01 DOCUMENT 00460 SCHEDULE OF MAJOR EQUIPMENT AND MATERIAL SUPPLIERS The undersigned Bidder represents that, if awarded the Contract,the items of major equipment and materials specified below will be supplied by the manufacturers or suppliers specified below. By so indicating,bidder warrants that the equipment and materials manufacturer and/or supplied by the named manufacturer or supplier will be provided on the Project unless review of submittal information or performance under tests reveals that the equipment or material does not meet Contract requirements. Failure to indicate a manufacturer or supplier listed in the following schedule may • render the Bid non-responsive and may be the basis for rejection of the Bid. Item A Manufacturer or Supplier Ste-t�-�a YAcgf cc ia-C Bidder: Pa; / � tta n1 r AS° I•Oer • rr )a t a DATE END OF DOCUMENT City of Cupertino SCHEDULE OF MAJOR BBF Golf Course Maintenance EQUIPMENT AND MATERIAL SUPPLIERS 00460- 1 • • Project No.2010-01 DOCUMENT 00481 NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE§7106 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) �- )ss. COUNTY OF SGn/c C/,c;. ) 17 i c.ia.e / Sca5 r.e , being first duly sworn, deposes and says that he or she is icr,eirole [Office of Affiant] of //oressio l Tv-FMancyr P.47' [Name of Bidder],the party making the foregoing Bid,that the Bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham;that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid,or that anyone shall refrain from bidding,and that the Bidder has not in any manner,directly or indirectly,sought by contract, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead,profit or cost element of the Bid price, or of that of any other bidder,or to secure any'advantage against the City of Cupertino, or anyone interested in the proposed contract;that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. • Executed under penalty of perjury under the laws of the State of California: 455 roKcz � ffemfq,er7 e,77— (Name of Bidder) t/ (Signature of Principal) Subscribed and sworn before me d r C L 1I — SERJIO A. CANCHOLA 3i 4 This � day of 1( • ,2010 Commission#1645391 7.71/ 1741t-• ..tory Public-California —^��7� t- t,r San1a Clara County Notary Public of the State of `/ iOZ/��`� '#J In and for the County of 1K G My Comm.Erplres Feb 14,2(110 My Commission expires .,1-/a ' (Seal (If Bidder is a partnership or a joint venture,this affidavit must be signed and sworn to by every member of the partnership or venture.) (If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman,President, or Vice President and by the Secretary, Assistant Secretary, Chief • Financial Officer,or Assistant Treasurer.) • (If Bidder's affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.) END OF DOCUMENT City of Cupertino 00481 - 1 Non-Collusion Affidavit BBF Golf Course Maintenance Project No.2008-9421 DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS-SUBMIT IN TRIPLICATE 1. Insurance Agreement- Must be signed by Ccntractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation- must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project-must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. • • City of Cupertino Civic Center Fountain Upgrade 00530- 1 Insurance Forms CITY OF ,\ �/ Project No.2008-9421 CUPERTINO INSURANCE AGREEMENT IA. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- ;insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a) form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work,contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its ' directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an."A"policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by 1 Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract,the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. • • City of Cupertino Civic Center Fountain Upgrade 00530-2 Insurance Forms • i. Project No.2008-9421 LIMITS Worker's Compensation In accordance with the Worker's Compensation p &Employers' Liability Act of the State of California—Worker's comp "statutory"per CA Law;Employers' Liability $1,000,000 per occurrence. General Liability- commercial general liability; Combined single limit of$2.0 million per including provisions for contractual liability, occurrence; $4.0 million in the aggregate personal injury,independent contractors and products—completed operations hazard. Automobile Liability-comprehensive covering Combined single limit of$1.0 million per owned,non-owned and hired automobiles. occurrence. L OM a / ki 17, eme.s7 f By: !/iC/e // (Contractor's Name) v Dated: //2?//o 2010 • City of Cupertino Civic Center Fountain Upgrade 00530-3 Insurance Forms CITY OF Project No.2008-9421 • ?I.4„ . K .,, e' r CUPERTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured narAed below and are in force at this time. Insured: Y-o 5 tu-Y\CLQ T LAr-c rCvAma y.YY eni-1-xhG Address: 9.0 ,'(3t*c W 140- Ste,s..-Lose... CCi4 ci 5( -TO—DI - 1 Description of operations/locations/products insured(show contract name and/or number, if any): 2.c. @\U-• irt., 6D t-F G o M--� Aa.%oS E?_____ . G tt6. ✓L e * r. I U° Gi Jb �- --_____— -- - - WORKER'S COMPENSATION * Statutory Min. * Employer's uaYk (çorGlujtL) Liability (name of insurer) // i $ 1Ibbb1 WO $ 10WNCOD $ ‘%bOD%OtO. Insurance Company's State License No. t) Pi-WC..-46- 31 t 1A I\ (1)48,-• Check Policy Type: Each Occurrence $ 1 ibbb% (AD . • COMPREHENSIVE GENERAL LIABILITY [y.] Premises/Operations General Aggregate $ I o oo, 06t)• 1 (if applicable) ['A Owners &Contractors Protective Aggregate $ A+b b b I abb . [.] Contractual for Specific Contract Personal Injury $ 1ibC,O,c0o a,boo,buttcbaq [f] Products Liabili [)] XCU Hazards [fit] Broad Form P.D. Fire Damage(any one fire) $ }00 t 000 • [ ] Severability of Interest Clause [ ] Personal Injury with Medical Expense $ 51 b bo, Employee Exclusion Removed (any one person) __ •W _or Self-Insured i COMMERCIAL GENERAL LIABILITY Retention $ N i 1 1 5 &6 9- �%hS way/viz. �,n.c (name of ins} U Policy No. (',LS 15(o l Expiration Date -/f to y '� City of Cupertino Civic Center Fountain Upgrade 00530-4 Insurance Forms Project No.2008-9421 AUTOMOTIVE/VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage $ $ 1 Each Accident • STATE FARM INSURANCE (name of insurer) $ or Combined Single Limit $ 1,000,000. Policy No. 191 4357-D04-0513 Expiration Date 10/04/2010 BUILDER'S RISK"ALL RISK" 1 This is to certify that the following policy has been issued by the below-stated company in conformance with the requirements of the projec.:documents and is in force at this time. N/A (Name of insurer) Policy No. Expiration Date Limits of Liability: Deductible: • JPD A copy of all Endorsements to the policy(ies)which in any way (agent's initial) limit the above-listed types of coverage are attached to this • Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above pclicy(ies) provide liability insurance as required by the A a e •,,o- ee..the •' an' the insured. By:r/%/�_, . . i ' �� Dated: April 23, 2010 20 i lip ir' 'er �- • 1:'.ch Certificate of Insurance and Additional Insured Endorsement on company forms. • City of Cupertino Civic Center Fountain Upgrade 00530-: Insurance Forms CITY OF Project No.2008-9421 it/ ADDITIONAL INSURED ENDORSEMENT ,,y1.t P.r> and CUPERTINO ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: 60(4- CZ'..w' -. 1 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are I hereby declared to be additional insureds under the terms of this policy,but only with respect to the 1 operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended,voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (3©) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino, I("City"). Such notice shall be addressed to the City as-indicated below. POLICY INFORMATION 1. Insurance Company: S jg.4S CULL 7-4W Ur an.--e-P-. etr-v-eivw6- 2. Insurance Policy Number: C,LS 16(Q 5oi 9.4 3. Effective Date of this Endorsement: a-4 . 20 l O 4. Insured: Qro�i-tti5512 nr Q 'ar-Ir e?�i Q 4.0 ' l 4 - - All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be mailed.to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I I, Vat. 1 N okcid), v V XL •'I D A ^ (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. City of Cupertino Civic Center Fountain Upgrade 00530-6 Insurance Forms • Project No.2008-9421 Signature of Authorized Representati e: � ��' �� (Original signature required on all nth e tints W shed ''5e District) • • Names of \' t � Agent/Agency: Vb{ep.1-V\ � StkravtC��2VV1LPG Title: barest Address: 101$5 rlY�-'*• Telephone:(4)-6 9-413 (j)31 l 4}Y Y1-of 0(- C) Facsimile: 2-. • • City of Cupertino Civic Center Fountain Upgrade 00530-7 Insurance Forms • cirr of Project No.2008-9421 • COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY "J\ ENDORSEMENT OF AGGREGATE LIMITS OF CUPERTINO INSURANCE PER PROJECT Project Title and Number: 'NA c b.e.+r t!to 6 0(f Cb U, - 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 —� n 1. Insurance Company: SC..ti _Wig; raivcCQ, t .A-v, 2. Insurance Policy Number: Ct-515(p50f 3. Effective Date of this Endorsement: -4- 20 J 4. Insured: o fcss 1) 1—W4- Mg netri P.YYt e ir>k t ` f 5. Additional Insured: City of Cupertino,its directors,officers,agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino,California 95014. I, V—.4 ft y b\ 1 (print/type name) warrant that I have autIority to btad the below listed Insurance Company and by my signature hereon do so bind this Company. 11 Signature of Authorized Representati ) Q o` t)i I (Original signature required on all ••rs menus fi�.tnis�i d to the m" trict) i Names of Agent/Agency:\Jt' pida. ,suWaKrcServtZea hC, Title: �v' eStd ^k Address: "Ft cS--- 91` -of Telephone:'135-- ` I-)13 LANl yyycht Q (,v),C ■-(--5°5 0 Facsimile: q.35- a(-c 01 32-» City of Cupertino Civic Center Fountain Upgrade 00530-8 Insurance Forms CITY OF 4 l// Project No.2008-9421 WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE CUPERTINO Project Title and Number: f(-1,0 , In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto,it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy,the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. POLICY INFORMATION 1. Insurance Company: 6. (,((mt., 2. Insurance Policy Number: 9�w L , D3Q3 3. Effective Date of this Endorsement 20 lb 4. Insured: cD -22S C4 V Ak,: t.' .1 AA 1 A A I All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Tone Avenue; Cupertino,California 95014. (' I, -i=-�sC�1 - V 0` �� brj (print/type name) warrant that I have authority t bind the below hued Insurance Company and by my signature hereon do I so bind this Company. . `\) 01 Signature of Authorized Repres ntative: ! a�, V (Original signature requir-+ on all E .• sementitu i hed to th, istrict) Names of Agent/Agency: TA _i. •� -&Title: i_3\l Address: VI%j S4 Telephone:CI \3 Qr( r 04 kkt) Facsimile: 6135- V - City of Cupertino Civic Center Fountain Upgrade 00530-9 insurance Forms DATE(MMIDD/YYY!) • 4CORD, CERTIFICATE OF LIABILITY INSURANCE _ 4/19/2010 )DUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND'olpatti Insurance Services HOLDER. THISOCERT FICATER OES NOTOAMEND, CEXTEND OR 985 First Street, Suite 205 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ,i_vermore, CA 94550 925) 243-0131 INSURERS AFFORDING COVERAGE NAIC# tiRED Professional Turf INSURER& NorGuard Insurance Management, Inc- INSURER B: Scottsdale Insurance Company PO Box 700142 INSURER C: San Jose, CA 95170-0142 INSURER D: I • INSURER E )VERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING \NY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH 'OLIC)ES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t %OWL POLICY EFFECTIVE POLICYEXPIRATION INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MMIDD/YY) DATELMMIDD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occtrence) $ 100,000 CLAIMS MADE X OCCUR MEDEXP(Any one person) _$ 5,000 1 CLS1565924 4/1/09 4/1/10 PERSONAL 8ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM_AGGREGATE LIMIT APPPUES PER PRODUCTS-COMP/OP AGG $ 2,0 0 0,0 0 0 POLICY n JECT I LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANYAUTO - (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ _ NON-OWNEDAUTOS ( dent) PROPERTY DAMAGE $ (Peraccldent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN E4 ACC $ AUTOONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 1 I CLAIMS MADE AGGREGATE ' $ • $ _ DEDUCTIBLE $ RETENTION 5 $ WORKERSCOMPENSATIONAND X I TORY IMITS IOER EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNEMIXECVDVE L OFFICenINEMBEREXCWDED? PRWC120303 4/1/10 4/1/11 EL DISEASE-EA EMPLOYEE $ 1,000,000 uYes,describeunder SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 1,0 0 0,0 0 0 OTHER SCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS - ton: Blackberry Golf Course. , 22100 Stevens Creek Blvd, Cupertino CA 95014 See attached forms from the City of Cupertino. =RTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino DATE THEREOF,THE ISSUING INSURER WILLO MA5_30 DAYS WRITTEN 10300 Torre Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Cupertino CA 95014 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. GCRESENTAT1VE © Al A I V U'1 1 r�l :ORD25(2001/D8) ACORD CORPORATION 1988 iTAI[f�lM ollo CERTIFICATE OF INSURANCE IMSYI�NClO SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY • ANY POLICY DESCRIBED BELOW. This certifies that -STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas,Texas ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois,or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: NAMED INSURED: BASILE, MICHAEL DBA PROFESSIONAL TURF MGT ADDRESS OF NAMED INSURED: 1310 SADDLE RACK ST APT 302,SAN JOSE CA 95126-5105 POLICY NUMBER 191 9357-D04-05B EFFECTIVE DATE OF POLICY 04/04/2010 to 10/04/2010 DESCRIPTION OF VEHICLE(Including VIN) 05 FORD EXPED LIABILITY COVERAGE ®YES ❑ NO ❑YES ❑ NO ❑YES ❑ NO ❑YES ❑ NO LIMITS OF LIABILITY a. Bodily Injury Each Person • Each Accident b.Property Damage Each Accident • c.Bodily Injury& Property Damage Single Limit 1,000,000 Each Accident PHYSICAL DAMAGE COVERAGES YES ❑ NO ❑YES ❑ NO ❑YES ❑ NO ❑YES ❑ NO a.Comprehensive $ 250 Deductible $ Deductible $ Deductible $ Deductible ®YES ❑ NO ❑YES ❑ NO ❑YES ❑ NO ❑YES ❑ NO b.Collision $ 500 Deductible $ Deductible $ Deductible $ Deductible EMPLOYERS NON-OWNED , ❑ NO ❑YES ❑ NO ❑YES ❑ NO ❑YES ❑NO ❑ CAR LIABILITY COVERAGE HIRED CAR LIABILITY ❑ COVERAGE YES ❑ NO ❑YES ❑ NO ❑YES ❑NO ❑YES 0 NO FLEET-COVERAGE FOR • ALL OWNED AND LICENSED MOTOR VEHICLES ❑YES ❑ NO ❑ YES ❑ NO ❑YES .. . ❑ NO ❑YES ❑ NO • k_// a J •`4 AGENT 2207 04/23/10 fgnature of Auth• 'zed Representative /,A '" �' Title Agent's Code Number Date • 'Name and Address of Certificate Hol•rr Name and Address of Agent • CITY OF CUPERTINO J PHILLIP DRIVER, III 10300 TORRE AVEENUE STATE FARM INSURANCE CUPERTINO, CA 95014 120 W CAMPBELL AVE. STE A CAMPBELL, CA 95008 INTERNAL STATE FARM USE ONLY: ❑Request permanent Certificate of Insurance for liability coverage. 122429.3 Rev.07-26-2005 Ei Request Certificate Holder to added as an Additional Insured. • Project No. 2010 -01 DOCUMENT 00520 il CONTRACT ?(2 � 4 /' THIS CONTRACT, dated this 17` day of March, 2010, by and between Professional Turf Management whose place of business is located at 510 Salmar Avenue, Campbell, CA 95008 ( "Contractor "), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ( "City ") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the 16 day of March, 2010 awarded to Contractor the following Project: PROJECT NUMBER 2010 -01 BLACKBERRY FARM GOLF COURSE MAINTENANCE NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Don McCarthy, Recreation Supervisor, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and in3emnities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on July 1, 2010. The term of this contract shall be two (2) years from the start date of the contract. The City shall retain the option to extend the term of the contract on a year -to -year basis not exceeding three (3) years from the expiration of the original term, for a possible total of five (5) years. Any such renewal after the first two (2) years shall be accomplished by the City providing a written notice of renewal to the Contractor at least 30 days prior to expiration of the term. Any such renewal shall contain the same provisions as the original contract, including and increase or decrease in compensation paid to the Contractor. Any increase or decrease in the prwious contract price shall be based on the annual percentage change in the Consumer Price Index (CPI) as of April of the year the adjustment is being made. The CPI shall be the San Francisco /Oakland Consumer Price Index for all urban wage earners. There will be no CPI adjustment during the firs two years of the contract. City of Cupertino 00520 - 1 Contract BBF Golf Course Maintenance Project No. 2010 -01 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Cor..sistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $150 for each Calendar Day that work is not completed as required. 3.2.2 $2,000 for each occurrence of a vio.ation 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 otter third - parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article 5. Contractor'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, acct al conditions, as -built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as -built drawings, drawings, products specifications or reports, available for Bidding purposes, of City of Cupertino 00520 - 2 Contract BBF Golf Course Maintenance Project No. 2010 -01 physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in .such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as -built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as -built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. . 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00460 Schedule of Major Equipment and Materials Suppliers Document 00481 Non - Collusion Affidavit Document 00482 Bidder Certifications Document 00510 Notice of Award Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00700 General Conditions Document 00800 Special Conditions Document 00821 Insurance Technical Specification/Special Provis ions Addenda(s) City of Cupertino 00520 - 3 Contract BBF Golf Course Maintenance • Project No. 2010 -01 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.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 Document; and on file at City's office, or may be obtained of the State of California web site http:// www. dir.ca.gov/DL3R/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 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 City of Cupertino 00520 - 4 Contract BBF Golf Course Maintenance Project No. 2010 -01 or proceeding arising out of the Contract D acuments to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of Cupertino 00520 - 5 Contract BBF Golf Course Maintenance Project No. 2010 -01 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above w • BLACKBERRY FARM GOLF COURSE MAINTENANCE IP CITY: CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of the Professional Turf Management State of California B Or,.4,,./r � � CZ2 Y• [Signature] Attest: [Please print name here] City Clerk: Kimber Smith Approved as to form by City Attorney: Title: v�� C - ✓� [If Corporation: Chairman , President, or Vice President] City ey: By: / V/A [Signature] I hereby certify, under penalty of perjury, that David W. [Please print name here] Knapp, City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Title: Cupertino. [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] Dated: < I g. ( -05 0 C — 22 Se....1.)j State Contractor's License No. Classification CA) (0 /3 ! / Z 0 / David W. Knapp, City Ma ager of the City of Cupertino, a Expiration Date Municipal Corporation of the State of California / c� Designated Representative: Taxpayer ID No. 0 6 — ( Name: Terry W. Greene, AIA Name: i G ,-1 S, /e Title: City Architect Title: f reS ' eit . Address: 10300 Torre Ave., Cupertino, CA 95014 Address: PO. 6 i Scw3ne. (A 'SI7° Phone: 408 - 777 -3354 Phone: ' - 3(6 - 3866 Facsimile: 408- 777 -3333 Facsimile: 7e:43' O 95 - 60 54 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A AMOUNT: $ 174,420.00 4 CORPORATION, CORPORATE SEAL AND CORPORATE ACCOUNT NUMBER:560 -6040-7014 � '� /�,I�Vj NOTARY AC KN O WL EDEMENT AND FEDE T AX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY FILE NO.: 92,054.14 NO. IS REQUIRED END OF DOCUMENT City of Cupertino 00520 - 6 Contract BBF Golf Course Maintenance CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT �. a*�• .�R 7 Y v-v�v - -.. v ,r • v .i- Vii- .✓7� A I i, State of California .) (, County of 544174 d-44 _ / P, On Ar---h-/2, before me, Oe—/-401-4/i �O"T Reu Date t'-iere Insert Name and rale of the Officer personally appeared R/Cei/Aec-- T.5iL6" l Name(s) of Signer(s) ?, , who proved to me on the basis of satisfactory evidence to be the person whose name Is re subscribed to t - within instrument and acknowledged to me thathe /they executed the same in er /their authorized capacity(, and that by i� hi er/their signatures on the instrument the person) f, or the entity upon behalf of which the personl acted, executed the instrument. I certify under PENALTY OF PERJURY under the "' I ,, laws of the State of California that the foregoing 5 paragraph is true and correct. WITNESS my - . nd and offici r< - Signature: 11111■401111 x,''4 1,, Place Notary Seal Above , . Signs - o ota Public OPTIONAL Though the information below is not required by law, it may prove v. uabl- :.ersons rely) • •. - ., ument and could prevent fraudulent removal and reattachment o is form to another documen . 7jl Description of Attached Documen id Title or Type of Document: e,,Qti i 4� 1 Document Date: , ?4- 6/ /744 20/O Number of Pages: Signer(s) Other Than Named Above: �,I p Capacity(Claimed y S e Signer's Name: Sig er's Na -: 0, EX Corporate Officer — Title(s): f e.7 p (s ) � � T El • rporat- Officer — Title(s): ❑ Individual RIGHT THUMBPRINT ❑ I n • VICIU .1 RIGHT THUMBPRINT OF SIGNER OF SIGNER l' ❑ Partner — El Limited El General Top of thumb here ❑ Part - , — El Limited El General op of thumb here , ❑ Attorney in Fact ❑ Attorn - in Fact ❑ Trustee ❑ Trus -e ❑ Guardian or Conservator `_ ` ` ❑ Gu. dian o Conservator s ,, El „ Other: -f , 1;,..:: € c ”. ❑ Ot er: i •,. ' , 1# w; Signer Is Representing. : Sig er Is Represen g: , ._.A- a�s�.. Yti,q_ -+�:n._.. ,sue.: #2 • -, s#" A� . k:`w6� –'o s.• �,• •ue.• © 2009 National Notary Association • NationalNotary .org • 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907 Project No. 2010 -01 EX }1113I1 DOCUMENT 00400 BID FORM To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID IS SUBMITTED BY: P POe OJA I TtA rIANAG6rIEN't" (FirmiC'ompan 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 o f the Contract Documents, Document 00100 (Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening. 3. Bidder has visited the Site and performed all t&ks, research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Site, as set forth in Document 00520 (Contract), Article 5. 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as -built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430 (Subcontractors List). 6. The undersigned Bidder understands that City reserves the right to reject this Bid. 7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to, Document 00520 (Contract), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page. 10. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety band furnished by a surety authorized to do a surety business in City of Cupertino Bid Form BBF Golf Course Maintenance 00400 - 1 • Project No. 2010 -01 the State of Califomia, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (10 %) of the total of Bid and made payable to the "City of Cupertino ". 11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents. 12. The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 (Contract) shall be as set forth in Document 00520 (Contract). • o ,6 35 /0 I re 1 /)?e U Gti City of Cupertino Bid Form BBF Golf Course Maintenance 00400 - 2 Project No. 2010 -01 SCHEDULE OF BID PRICES All Bid items, including lump sums and unit prices, must be filled in completely. Quote in figures only, unless words are specifically requested. Specialty Items are identified on the Bid Form in the description. ESTIMATED UNIT ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL 1. Provide Maintenance at 12 Months 1`�, �� $ � �� , Blackberry Farm Golf Course I 2. Soil Sample Collection and 12 Each $ / °-(2- Testing 50.' V ®0 . TOT AL BID $ / , j2 PRICE �jl D Total Bid: QINS kur . , WO rte. f au Q -(?. /ZD h c�sK Ada i �j (words) Unit Legend LS = Lump Sum AL = Allowance EA = Each SF = Square Feet LF = Linear Feet TON = Ton or 2,000 Pounds CY = Cubic Yards LB = Pounds P reo 1 1 1 ;r'1 ra aye ine 1 " fid City of Cupertino Bid Form BBF Golf Course Maintenance 00400 - 3 Project No. 2010 -01 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date / 2/ Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form. / ,, NAME OF BIDDER: ►' ✓`ottessrora I I ofr ^7" " eri licensed in accordance with an act for the registration of Contractors, and with license number: F2 (SO g Expiration Date: / / / /1 C a / 1i^ /✓in vaU✓+'tU ✓) Where incorporated, if applicable ,,q f // ,(Jati �t Principals I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature of Bidder NOTE: If Bidder is a corporation, set forth the legal name 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: P O, l3o x 700 / `/ Z 5a0 SOSe , Cc. ' 5 / 70 Officers authorized to sign contracts: v, /va v:'+1 a n,4 4 i 6,1 s; /e Typed Full Name: Telephone Number(s): CgOV) 3 /1/4.5 3 8C Fax Number(s): (qo) < — o-947 E -Mail Address: /'7 i i Q oTin a , � re /' aS , C o END OF DOCUMENT City of Cupertino Bid Form BBF Golf Course Maintenance 00400 - 4 Project No. 2010 -01 DOCUMENT 00430 SUBCONTRACTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract. Description of Work: Full Name of Subcontractor and Address _ Reference To Bid Items Subcontractor's License No. POrkit (Bidder to attach additional sheets if necessary) k45_5' / 0 o a / idv " (16 ' 4 e mPn - r - END OF DOCUMENT f C ity of Cupertino 00430 - 1 Subcontractors List BBF Golf Course Maintenance Project No. 2010 -01 DOCUMENT 00460 SCHEDULE OF MAJOR EQUIPMENT AND MATERIAL SUPPLIERS The undersigned Bidder represents that, if awarded the Contract, the items of major equipment and materials specified below will be supplied by the manufacturers or suppliers specified below. By so indicating, bidder warrants that the equipment and materials manufacturer and/or supplied by the named manufacturer or supplier will be provided on the Project unless review of submittal information or performance under tests reveals that the equipment or material does not meet Contract requirements. Failure to indicate a manufacturer or supplier listed in the following schedule may render the Bid non - responsive and may be the basis for rejection of the Bid. Item Manufacturer or Supplier 1 � i e -� e hA P ACQ. ' �GGi-,7( g Bidder: 1"la-4510.0 / I(ttanQ ,t Alt 4e elr 3 0 / 0 DATE END OF DOCUMENT City of Cupertino SCHEDULE OF MAJOR BBF Golf Course Maintenance EQUIPMENT AND MATERIAL SUPPLIERS 00460 - 1 Project No. 2010 -01 DOCUMENT 00481 NON - COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) S T c / COUNTY Ss. T Y OF 4� a q✓'q ) � / .UPS' /e being first duly sworn, deposes and says that he or she is J a r es, a4kir [Office of A:ffiant] of /90 Tv fNla,,4ye,,,, -y- [Name of Bidder], the party making the foregoing Bid, that the Bii is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Bidder has not in any manner, directly or indirectly, sought by contract, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. Executed under penalty of perjury under the laws of the of California: --7- /' �//J v ; j - P5.5roya I /C�•, ^-f- /'//Qti �j''f soh 9 .-7 (Name of Bidder) �/ r (Signature of Principal) Subscribed and sworn before me �( 4) L. This /,...5-e4 day of (�j 2010 omm1 A. # 164539 — r•1 Cornmission # 1645391 Z ,, /„ 000 . < c�ri � C D Notary Public of the State of 4 -'' �` � >?' Vi ,' i;!' Santa r Clara blic caul In and for the County of • * G / // My Comm. Expires Feb 14, 2014 My Commission expires o2- 3 (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 .1 partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or V;ce President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.) (If Bidder's affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.) END OF DOCUMENT City of Cupertino 00481 - 1 Non - Collusion Affidavit BBF Golf Course Maintenance ACORDT„ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/19/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION atti Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Vol p HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1985 First Street, Suite 205 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Livermore, CA 94550 (925) 243 - 0131 INSURERS AFFORDING COVERAGE NAIC# INSURED Professional Turf INSURER A: NorGuard Insurance Management, Inc. INSURER B: Scottsdale Insurance Company PO Box 700142 INSURER C: San Jose, CA 95170 -0142 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R INSR D POLICY NUM DATE(MM/DD/YY) DATE POLICY LIMITS L7 INSRD GENERAL L INSURANCE LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 B CLS1565924 4/1/09 4/1/10 PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY 7 jECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANYAUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Peraccident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND X TORYL MITS OTH- ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE A OFFICER/MEMBER EXCLUDED? PRWC 12 0 30 3 4/1/10 4 / 1 / 11 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Blackberry Golf Course., 22100 Stevens Creek Blvd, Cupertino CA 95014 See attached forms from the City of Cupertino. CERTIFICATE HOLDER — CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO City of Cupertino DATE THEREOF, THE ISSUING INSURER WILL S9CZAKO O MAIL30 DAYS WRITTEN 10300 Torre Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Cupertino CA 95014 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO' D NTATIVE c I , , I ACORD25(2001108) MII , 1 © Qt RD CORPORATION 1988 STAFF FARM INSURANC® CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: &STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: • NAMED INSURED: BASILE, MICHAEL DBA PROFESSIONAL TURF MGT ADDRESS OF NAMED INSURED: 1310 SADDLE RACK ST APT 302, SAN JOSE CA 95126 -5105 POLICY NUMBER 191 4357- D04 -05B EFFECTIVE DATE OF POLICY 04/04/2010 to 10/04/20__0 DESCRIPTION OF VEHICLE (Including VIN) 05 FORD EXPED LIABILITY COVERAGE ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO LIMITS OF LIABILITY a. Bodily Injury Each Person Each Accident b. Property Damage Each Accident c. Bodily Injury & Property Damage Single Limit 1,000,000 Each Accident PHYSICAL DAMAGE COVERAGES ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO a. Comprehensive $ 250 Deductible $ Deductible $ Deductible $ Deductible ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO b. Collision $ 500 Deductible $ Deductible $ Deductible $ Deductible EMPLOYERS NON -OWNED CAR LIABILITY COVERAGE 111 YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO HIRED CAR LIABILITY ❑ NO COVERAGE ❑ YES ❑ NO ❑ YES El NO ❑ YES ❑ NO ❑ YES FLEET - COVERAGE FOR ALL OWNED AND LICENSED MOTOR VEHICLES ID YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO iatur /Let° aA:ttZA AGENT 2207 04/23/10 e of Authoritbd Representative 61 , Title Agent's Code Number Date nd Address of Certificate Hol Name and Address of A•ent CITY OF CUPERTINO J PHILLIP DRIVER, III 10300 TORRE AVEENUE SPATE FARM INSURANCE CUPERTINO, CA 95014 120 W CAMPBELL AVE. STE A CAMPBELL, CA 95008 INTERNAL STATE FARM USE ONLY: ❑ Request permanent Certificate of Insurance for liability coverage. 122429.3 Rev. 07 -26 -2005 ® Request Certificate Holder to be added as an Additional Insured. Project No. 2008 -9421 DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability /commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's, compensation insurance - must be signed by the insurance agent for worker's compensation only. City of Cupertino Civic Center Fountain Upgrade 00530 - 1 Insurance Forms CITY OF v ' Project No. 2008 -9421 CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self - insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all tunes, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub - contract work, contractual obligations, product or completed operations, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as detennined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an . "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. City of Cupertino Civic Center Fountain Upgrade 00530 - 2 Insurance Forms Project No. 2008 -9421 LIMITS Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California — Worker's comp "statutory" per CA Law; Employers' Liability $1,000,000 per occurrence. General Liability - commercial general liability; Combined single limit of $2.0 million per including provisions for contractual liability, occurrence; $4.0 million in the aggregate personal injury, independent contractors and products — completed operations hazard. Automobile Liability - comprehensive covering Combined single limit of $1.0 million per owned, non -owned and hired automobiles. occurrence. ✓t P ✓`S /Grit. l ' G • ^r f j,lpn 401 t 7 By:i Ali , . it r �.• 11Si , 'c (Contractor's Name) Dated: // Z / 20 /0 City of Cupertino Civic Center Fountain Upgrade 00530 - 3 Insurance Forms CITY OF Project No. 2008 -9421 CUPERTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: •-• -k--2 SS I s I — it A j 4-- Y yvk 1 �'NCi Address: 1 „ SCIIY1 k Ci C IS j 10 – Description of operations /locations /products insured (show contract name and/or number, if any): Ek �ekb-e milt Ci 0 t U1 'vol, WORKER'S COMPENSATION * Statutory Min. * Employer's t , c .c mr ( (r'oiaA4 Liability (name of insurer) $ \ tfM1 $ $ Insurance Company's State License No. M - — 31 4 fl' es e Check Policy Type: Each Occurrence $ \, \ CUD • COMPREHENSIVE GENERAL LIABILITY [7.] Premises /Operations Ger.eral Aggregate $ X trap ) cfl5O . (if a pplicable) ['4 Owners & Contractors Protective Aggregate $ I o 1 0131) • [)] Contractual for Specific Contract Personal Injury $ IeVOI tnr0 21mrnpi li Products Liabili [ ] XCU Hazards [] Broad Form P.D. Fire Damage (any one fire) $ `� OD MTV • [ ] Severability of Interest Clause [ ] Personal Injury with Medical Expense $ 5, tTI Employee Exclusion Removed (any one person) or Self-Insured COMMERCIAL GENERAL LIABILITY Retention $ 1( 1c ca. - s ° � u. A,ce,t___C I5 (name of insurer) Policy No. C L5 (.p5� .l Expiration Date //) b , ( 0 City of Cupertino Civic Center Fountain Upgrade 00530 - 4 Insurance Forms Project No. 2008 -9421 AUTOMOTNE/VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage $ $ Each Accident STATE FARM INSURANCE (name of insurer) $ or Combined Single Limit $ 1,000,000. Policy No. 191 4357 D04 - 05B Expiration Date 10/04/2010 BUILDER'S RISK "ALL RISK" This is to certify that the following policy has been issued by the below- stated company in conformance with the requirements of the project documents and is in force at this time. • N/A (Name of insurer) Policy No. Expiration Date Limits of Liability: Deductible: JPD A copy of all Endorsements to the policy(ies) which in any way (agent's initial) limit the above - listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY C ' TIFIED th. the above polcy(ies) provide liability insurance as required by do the A ._ - me I .1' een e C' . I . th o p ured. By' AN. A ■ Dated: April 23, 2010 20 P illip Driv'r I • ach Certificate of Insurance and Additional Insured Endorsement on company forms. City of Cupertino Civic Center Fountain Upgrade 00530 - 5 Insurance Forms CITY OF I � Project No. 2008 -9421 ADDITIONAL INSURED ENDORSEMENT /,,, ,p- and CUPERTINO ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: 60 1- - In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any ether Endorsement attached thereto, it is agreed as follows: The City of Cupertino ( "City ") and its d rectors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions cf the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ( "City "). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: JAL- A te. = AL W 2. Insurance Policy Number: C LS i .P ,5' aLl-- 3. Effective Date of this Endorsement: ?—' 20 j 0 4. Insured: 9y-c, 4-css ( 1 ^ lAh , IA t! !. �i .' � I I >..1 _ . i - -- d All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. o ( 8 V _(print /type name) warrant that I have autho`tity to bind the bel i listed In rance Company and by my signature hereon do so bind this Company. City of Cupertino Civic Center Fountain Upgrade 00530 - 6 Insurance Forms Project No. 2008 -9421 l '1 Signature of Authorized Represent. - � , � J js gs I i (Original signature required on a :.r -ments fj�r i led to th istrict) Names of , , �.•// Agent/Agency: 1_ +p_ V � � _, A ,A . i ' _ Title: II � `A-•-4 �" Address: Telephone: 9 3 1 �✓_'� b L i v via) b 0_,, CA4 Q Facsimile: q p� 5 ?LE; bJ J- City of Cupertino Civic Center Fountain Upgrade 00530 - 7 Insurance Forms CITY OF Project No. 2008 -9421 Ape,. � COMPREHENSIVE GENERAL LIABILITY p!' COMMERCIAL GENERAL LIABILITY , ", ENDORSEMENT OF AGGREGATE LIMITS OF CUPERTINO INSURANCE PER PROJECT Project Title and Number: N(9,42...6 <11 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below - referenced policy of insurance. The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as POLICY INFORMATION 1. Insurance Company: a _ —.. - - t 0—AA... I _ A, e, `, 1p 2. Insurance Policy Number: (J L.S 16(4) 59 a +, 3. Effective Date of this Endorsement: (Q-4- 2010 CP Y04eZ.d. 4. Insured: I (k Vl!.A ii :I :At' Jr. 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I' 4 0 kA ( rint/ e na me) warrant that I have a thority t and the below listed :insurance Company and by my si hereon so bind this Company. y g do Signature of Authorized Representative: \ ♦ I , \i, • Aveir (Original signature required on al nth se 1 ents ; h i e d to th istrict) Names of Agent/AgencyNp i,6 -rhst W 3pc.„Title: idjb Address: \c1 . ra a-on _ Telephone: 9-(19 0) Lv � r k 04 C -f t Facsimile: q c3 � U' i : -� City of Cupertino Civic Center Fountain Upgrade 00530 - 8 Insurance Forms CITY OF -.\ 1 /� Project No. 2008-9421 / - ,,N WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE CUPERTINO L /' n Project Title and Number: Wr_....b..em ( 1 o I T�' (A In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee o f the insured, arising out of the performance of the above - referenced Contract. POLICY INFORMATION 1. Insurance Company: N El UI ot, 2. Insurance Policy Number: P R VJ C., 1 ) Q2, O3 3. Effective Date of this Endorsement: 4 1 20 ID 4. Insured: y( 1,U1 "o , LiJA to i.i //`f - A All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, ,-Q AL .i . V 0 -1 (print/type name) warrant tea I have aut to bind the b listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Repre -ntative: \ _• ! ! Q ■ 1 A Inf (Original signature required •n all Endo ements ed to the ft• strict) Names of \r , Agent/Agency: V v ,. �• ,S1�h1f� � } itle: Address: t g `6-5 4 k C j Telephone: ( (3 b) V Lv ,-Q e rat,Csi Q C.A. 1 Ci acsimile: c' C33 0 --. City of Cupertino Civic Center Fountain Upgrade 00530 - 9 Insurance Forms