05-061, Professional Turf Management
AGREEMENT
THIS AGREEMENT, made and entered into this (p day of ,Jur<2... , 20125'-, by and
between the CITY OF CUPERTINO, a municipal corporation of California, hereinafter
referred to as "CITY", and Professional Turf Management, Inc, a Contractor with offices at
1272 Lincoln Avenue, San Jose, CA 95125, hereinafter referred to as "CONTRACTOR";
WITNESSETH:
WHEREAS, CITY desires to retain the CONTRACTOR for Blackberry Farm Golf
Course Maintenance; and
WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason
of its qualifications and experience for performing such services, and CONTRACTOR has
offered to provide the required services on the terms and in the manner set forth herein;
NOW, THEREFORE, in consideration oftheir mutual covenants, the parties hereto agree
as follows:
1. DEFINITIONS.
(a) The word "City" as used in this agreement shall mean and include all the
territory lying within the municipal boundaries of the City of Cupertino, California, as presently
existing, plus all territory which may be added thereto during the term of this agreement by
annexation or otherwise.
(b) The term "City Manager" shall mean the duly appointed City Manager of the
City of Cupertino, California, or his designated representative.
2. THE AGREEMENT DOCUMENTS. The complete agreement consists of
this agreement and the following agreement documents incorporated herein by reference:
(a.) Notice to Contractors, Proposal, Time of Completion, Estimated Quantities,
Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form.
(b.) Standard Specifications, General Provisions, Special Provisions and Technical
Provisions.
(c.) Plans and Specifications for BLACKBERRY FARM GOLF COURSE
MAINTENANCE. PROJECT NO. 2005-01
(d.) Faithful Performance Bond.
(e.) Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance,
Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project,
Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy
Cancellation Endorsement.
All of the above documents are incorporated into this agreement by reference so that any work
called for in one and not mentioned in another, is to be executed the same as if mentioned in all
of said documents. The documents comprising the complete agreement are sometimes
hereinafter referred to as the Agreement Documents. In case of conflict between the Plans and
the Specifications on the one hand, and this Agreement on the other, the Plans and Specifications
shall prevail.
3. PROJECT COORDlNATION.
(a) City. The City Manager shall be representative of CITY for all purposes under this
agreement. The Recreation supervisor for Blackberry Farm hereby is designated as the
PROJECT MANAGER for the City Manager, and shall supervise the progress and execution of
this agreement.
(b) Contractor. CONTRACTOR shall assign a single PROJECT DIRECTOR to have
overall responsibility for the progress and execution of this agreement for CONTRACTOR. Don
Naumann is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should
circumstances or conditions subsequent to the execution of this agreement require a substitute
PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to
the prior written acceptance and approval of the PROJECT MANAGER.
4. DUTIES OF CONTRACTOR. Services to be furnished in accordance with
EXHffiIT "A" BID PROPOSAL and contract specifications and technical provisions.
(a) Laws to be Observed. CONTRACTOR shall:
(1) Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incident to the due and lawful prosecution of the services to
be performed by CONTRACTOR under this agreement;
(2) Keep itself fully informed of all existing and future federal, state, and local
laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed
under this agreement, any materials used in CONTRACTOR's performance under this
agreement, or the conduct of the services under this agreement;
(3) At all times, observe and comply with, and cause all of its subcontractors
and employees, if any, to observe and comply with all of said laws, ordinances, regulations,
orders, and decrees mentioned above;
(4) Immediately report to the PROJECT MANAGER in writing any
discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and
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decrees mentioned above in relation to any plans, drawings, specifications, or
provisions of this agreement.
5. COMPENSATION. For the performance of the services described herein by
CONTRACTOR, CITY shall pay CONTRACTOR the sum of Fifteen Thousand, Five Hundred
and Sixty Dollars and No Cents ($ 15,560.00) per month, less any deductions for liquidated
damages, plus any soil samples collected and tested for the month, payable upon submission by
CONTRACTOR of itemized billings in triplicate; provided, however, that the total sum payable
to CONTRACTOR shall not exceed One Hundred Eighty Six Thousand, Seven Hundred and
Twenty Dollars and No Cents ($ 186,720.00) per year. The total contract for 2 years shall not
exceed Three Hundred Seventy Three Thousand, Four Hundred Forty Dollars and No Cents ($
373,440.00).
6. LIOUIDATED DAMAGES. The CONTRACTOR shall diligently prosecute the
work to completion as scheduled in the Technical Provisions. The CONTRACTOR further
understands that he shall pay liquidated damages to the City of Cupertino in the sum of one
hundred fifty dollars ($150.00) for each and every day that services are not completed as
required.
7. TERM. The term ofthis agreement shall be two (2) year from the start date of the
agreement. The City shall retain the option to extend the term of the agreement on a year-to-year
basis not exceeding three years from the expiration of the original term, for a possible total of
five year.
The start date of the agreement is June 1,2005.
Any such renewal after the first two years shall be accomplished by the City providing a
written notice of renewal to the Contractor at least 30 days prior to expiration of the term. Any
such renewal shall contain the same provisions as the original agreement, including. an increase
or decrease in compensation paid to the Contractor. Any increase or decrease in the previous
contract price shall be based on the annual percentage change in the Consumer Price Index (CPr)
as of June of the year the adjustment is being made. The CPI shall be the San Francisco/Oakland
Consumer Price Index for all urban wage earners. There will be no CPI adjustment during the
first two-year term of the agreement.
8. TEMPORARY SUSPENSION. The City Manager shall have the authority to
suspend this agreement, wholly or in part, for such period as he deems necessary due to
unfavorable conditions or to the failure on the part of the CONTRACTOR to perform any
provision of this agreement.
9. SUSPENSION: TERMINATION.
(a) Right to Suspend or Terminate. The CITY may suspend or terminate this
agreement for any reason by giving thirty (30) days' written notice. Upon receipt of such notice
CONTRACTOR shall immediately discontinue his performance under this agreement.
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(b) Payment. Upon such suspension or termination, CONTRACTOR shall be
paid for all services actually rendered to CITY to the date of such suspension or termination;
provided, however, if this agreement is suspended or terminated for fault of
CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion
of CONTRACTOR's services which are of benefit to CITY.
10. INSPECTION. CONTRACTOR shall furnish CITY with every reasonable
opportunity for CITY to ascertain that the services of CONTRACTOR are being performed in
accordance with the requirements and intentions of ~is agreement. All work done and all
materials furnished, if any, shall be subject to the PROJECT MANAGER's inspection and
approval. The inspection of such work shall not relieve CONTRACTOR of any of its obligations
to fulfill its agreement as prescribed.
11. ASSIGNMENT: EMPLOYEES. Both parties shall give their personal attention
to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise
dispose of this agreement or any right, title, or interest in or to the same or any part thereof
without the prior written consent of the other party, and then only subject to such terms and
conditions as the other party may require. A consent to one assignment shall not be deemed to be
a consent to any subsequent assignment. Any assignment without such approval shall be void,
and, at the option of the other party, shall terminate this agreement and any license or privilege
granted herein. This agreement and any interest herein shall not be assignable by operation of
law without the prior written consent of the other party.
12. NOTICES. All notices hereunder shall be given in writing and mailed, postage
prepaid, by certified mail, addressed as follows:
TO CITY: Office of the City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
TO CONTRACTOR:
Attention of the PROJECT
DIRECTOR at the address of
CONTRACTOR recited above.
13. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it presently
has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the services hereunder.
CONTRACTOR further covenants that, in the performance of this agreement, no subcontractor
or person having such an interest shall be employed. CONTRACTOR certifies that no one who
has or will have any financial interest under this agreement is an officer or employee of CITY. It
is expressly agreed that, in the performance of the services hereunder, CONTRACTOR shall at
all times be deemed an independent contractor and not an agent or employee of CITY.
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14. INDEMNITY. CONTRACTOR hereby agrees to indemnify, hold harmless and
assume the defense of , in any actions at law or in equity, the CITY, its officers, employees,
agents, and elective and appointive boards from:
(a) Any and all claims and demands which may be made CITY, its officers, agents, or
employees by reason of any injury to or death of any person or damage suffered or sustained by
any person or corporation caused by, or alleged to have been caused by, any act or omission,
negligent or otherwise, of CONTRACTOR or any subcontractor under this agreement or of
CONTRACTOR's or any subcontractor's employees or agents;
(b) Any and all damage to or destruction of the property of CITY, its officers, agents,
or employees occupied or used by or in the care, custody, or control of CONTRACTOR, or in
proximity to the site of CONTRACTOR's work, caused by any act or omission, negligent or
otherwise, of CONTRACTOR, or any subcontractor under this agreement or of
CONTRACTOR's or any subcontractor's employees or agents;
(c) Any and all claims and demands which may be made against CITY, its officers,
agents, or employees by reason of any injury to or death of any person or damage suffered or
sustained by any employee or agent of CONTRACTOR or any subcontractor under this
agreement, however caused, excepting however, any such claims and demands which are the
result of the sole negligence or willful misconduct of CITY, its officers, agents, or employees;
(d) Any and all claims and demands which may be made against CITY, its officers,
agents, or employees by reason of any infringement or alleged infringement of any patent rights
or claims caused or alleged to have been caused by the use of any apparatus, appliance, or
materials furnished by CONTRACTOR or any subcontractor under this agreement; and
( e) Any and all penalties imposed or damages sought on account of the violation of
any law or regulation or of any term or condition of any permit.
CONTRACTOR, at its own cost, expense, and risk, shall defend any and all suits,
actions, or other legal proceedings that may be brought or instituted by third persons against
CITY, its officers, agents, or employees, arising from their work, on any of the above claims or
demands of such third persons, or to enforce any of the above penalties, and pay and satisfy any
judgment or decree that may be rendered against CITY, its officers, agents, or employees in any
such suit, action, or other legal proceedings.
15. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the
provisions of the Labor Code of the State of California which require every employer to be
insured against liability for workers' compensation or to undertake self-insurance in accordance
with the provisions of that Labor Code, and it certifies that it will comply with such provisions
before commencing the performance of the work of this agreement.
16. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and
maintain in full force and effect throughout the entire term of this agreement, the insurance
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coverage of at least an "A", Class vn rating as determined in accordance with the insurance
industry standard, insuring not only CONTRACTOR, but also (with the exception of workers'
compensation and employer's liability insurance), CITY, its officers, agents, and employees, and
each of them with respect to activities and services performed by CONTRACTOR for or on
behalf of CITY under the provisions of this agreement.
Certificates of such insurance, on the forms provided by CITY, shall be filed with CITY
concurrently with the execution of this agreement or, with CITY's approval, within ten (10) days
thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain
an endorsement stating that said insurance is primary coverage, and will not be canceled or
altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of
such cancellation or alteration, and that the City of Cupertino is named as an additional insured.
Current certificates of such insurance shall be kept on file at all times during the term of this
agreement with the City Clerk.
17. CONTRACT SECURITY. The CONTRACTOR shall furnish a surety bond in an
amount equal to four months of the contract price as security for the faithful performance of this
Contract.
18. AGREEMENT BINDING. The terms, covenants, and conditions of this
agreement shall apply to, and shall bind the heirs, successors, executors, administrators, assigns,
and subcontractors of both parties.
19. W ANERS. The waiver by either party of any breach or violation of any term,
covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed
to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent
breach or violation of the same or of any other term, covenant, condition, ordinance, or law.
The subsequent acceptance by either party of any fee or other money which may become
due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the
other party of any term, covenant, or condition of this agreement or of any applicable law or
ordinance.
20. COSTS AND ATTORNEYS' FEES. The prevailing party in any action brought
to enforce the terms of this agreement or arising out of this agreement may recover its reasonable
costs and attorneys' fees expended in connection with such an action from the other party.
21. NONDISCRIMINATION. No discrimination shall be made in the employment of
persons under this agreement because of the race, color, national origin, ancestry, religion, or sex
of such person. If the value of this agreement is, or may be, Five Thousand Dollars ($5,000) or
more, CONTRACTOR agrees to meet all requirements of the Cupertino Municipal Code
pertaining to nondiscrimination in employment and to submit the "Compliance Report-
Nondiscrimination Provisions of City of Cupertino Contracts."
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If CONTRACTOR is found in violation of the nondiscrimination provisions of the State
of California Fair Employment Practices Act or similar provisions of.federallaw or executive
order in the performance of this agreement, it shall thereby be found in material breach of this
agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole
or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-five
Dollars ($25) for each person for each calendar day during which said person was discriminated
against, as damages for said breach of contract, or both. Only a finding of the State of California
Fair Employment Practices Commission or the equivalent federal agency or officer shall
constitute evidence of a violation of contract under this paragraph.
If CONTRACTOR is found in violation of the nondiscrimination provisions of this
agreement or the applicable affirmative action guidelines pertaining to this agreement,
CONTRACTOR shall be found in material breach of this agreement. Thereupon, CITY shall
have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the
amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each
calendar day during which CONTRACTOR is found to have been in such noncompliance as
damages for said breach of contract, or both.
22. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document
represents the entire and integrated agreement between CITY and CONTRACTOR and
supersedes all prior negotiations, representations, or agreements, either written or oral. This
document may be amended only by written instrument, signed by both CITY and
CONTRACTOR. All provisions of this agreement are expressly made conditions. This
agreement shall be governed by the laws of the State of California.
.'
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P.O. No.
IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and
year first hereinabove written.
By:
CONTRACTOR:
Professional Turf Management, Inc.
By:~L
~ C;)))'\)K
Attest:
~~!Lg~ ~71
City ctftF
Date:
4- UAt.L, &
o City Clerk
2005
, -
Notary acknowledgment is required. If a
corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
J.D. are required. Ifnot a corporation, a
Social Security No. is required.
Social Security #
Federal Tax J.D. #
Contractor's License No.
826508
C OVYlIy If! fJ'f.\ ~ C IK~]
f-lh-'fe t?f C~tftf'~ 111
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Project Name & Number: BLACKBERRY FARM GOLF COURSE MAINTENANCE
Project No. 2005-01
Contractor Name & Address: Professional Turf Management, Inc.
1272 Lincoln A venue
San Jose, CA 95125
\~......!'" - -- ~::...':- ~!'~~>"""';:";'-"-'
'I Q" ,,' LARRY D. K,qiE" ~
" ' , Commission fI. 13:<';) ; 04 "'
;",', ',;. Notary, Public - C" alifoc::a J
, ' SBn~_Clara COjJl1t~' i'
, M~, Cornm ":<PIres '1(,7-. ,J ".};I', \~
_ .~<.".l~'~:--~\;~'lttit~lJ~~~._.
Contract Amount: $186,720.00 per year ($ 373,440.00 for two years)
Account Number: 560-6640-7014
File No.: 92,054.13
8
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State of L It ~, ',t-tf/11J
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Subscribed and sworn to (or affirmed) before me
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this l '-('/' day of n Awf ).()O S'-, by
Date MOiWi Year
(1) /ll\ j &l E,. r/ACK
-;::I Name 01 Slgner(s)
(2)
Name 01 Signer(s)
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OPTIONAL
Though the information in this section is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
"
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
.
Top of thumb here
Number of Pages:
@ 1999 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402
Prod. No. 5914
.
Top of thumb here
Reorder. Call Toll-Free 1-800-876-6827
B. BID PROPOSAL
. 'EXHIBIT A
BLACKBERRY FARM GOLF COURSE MAINTENANCE, RE-BID
PROJECT NO. 2005-01
TO:
THE DlRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
. ..
Dear Sir:
In compliance with the plans and specifications furnished for the work of the BLACKBERRY
FARM GOLF COURSE MAINTENANCE, the City of Cupertino, PROJECT 2005-01, the
undersigned, hereby declare that I have read the proposal requirement, visited the sites, and
examined the specifications. I, the undersigned, hereby propose to do all work required to
complete the work in accordance with the plans and specifications for the prices set f01ih in the
following schedule. I further understand that said prices include all costs including, but not
limited to, local, state and federal taxes, and transportation costs.
I, the undersigned, also understand that the quantities shown below are estimated estimates only,
being given as a basis for comparison of bids. The City of Cupertino does not state that the
actual amount of work will correspond but reserves the right to increase or decrease the amount
of any class or portion of the work or to omit items or portions of work deemed unnecessary by
the Engineer.
The City of Cupertino reserves the right to unilaterally determine and award the contract to the
lowest responsible bidder except as otherwise provided in chapter 3.23 of the City Municipal
Code. Which allows for rejection of any and all bids, or to waive any irregularities in the
procedures.
The work to be done consists of furnishing all labor, methods of process, tools, machinery and
material required to complete the BLACKBERRY FARM GOLF COURSE MAINTENANCE,
PROJECT NO. 2005-01 as described in the Special Provisions and Teclmical Provisions.
In the event of discrepancies between the written unit price and the numerical unit price, the
written unit price shall govern.
I, the undersigned, shall diligently prosecute the work to completion as specified in the Special
Provisions. I further understand that I shall pay liquidated damages to tq.e City of Cupertino in
the sum specified in the Special Provisions.
This amount of liquidated damages shall be deducted by the City from monies due from the
Contractor hereunder, or the Contractor's assigned, successors, and sureties shall be liable to the
City for any excess.
BID PROPOSAL PAGE 1 OF 8
( the undersigned, agree that if this proposal is accepted, I will enter into a contract with the City
of Cupertino to provide all necessary machinery, tools, apparatus, and other means of
constmction and to do all the work specified in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without connection with any person, finn, or
corporation making a bid for the same work, and is in all respects fair, and without collusion or
fraud.
I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will
reserve the right to establish the priority of one job over another and each starting date where
conflict of construction schedules occur.
Attached hereto is the required certified check or bid bond in the amount of $ 1 9 , 000 , as
required by law and the Notice to Bidders. (10% of bid amount)
BID PROPOSAL PAGE 3 OF 8
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
I, the undersigned, being first duly sworn, depose and say that I am
Vice President
(Business Title)
of Professional Turf Management, Inc.
(Business Name)
the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation. The bid is
genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract. All statements contained in the bid are true and,
further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown
thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company, association, organization, bid depository,
or to any member or agent thereof to effectuate a collusive or sham bid.
BID PROPOSAL PAGE 4 OF 8
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, I, the undersigned, submit the following
statements as to my experience and qualifications to perfonn this work as a part of this proposal.
We have been in business under the present name for
3
years.
Our experience in work comparable with that required by the proposal contract is 3
years operating under the following different name(s).
spot Water Management, Inc. and
Professional Turf Manaqement, Inc.
My California Contractor's License Number is 826508
The classification of my Contractor's License is C-27
The expiration date for my Contractor's License is October 31, 2005
******************************************************************************
*
(This Section for City use only)
*
The above information has been verified by
on
*
Contractors State License Board (800) 321-2752 or (408) 277-1244.
******************************************************************************
Where federal funds are involved, no bid submitted shall be invalidated by the failure of the
bidder to be licensed in accordance with the laws of the State of California, however, at the time
the contract is awarded the contractor shall be properly licensed.
BID PROPOSAL PAGE 5 OF 8
BIDDER HISTORY OF WORK
The following is an example of work similar in character to that required in the proposed contract
which our organization or personnel in our organization has completed within the past three (3)
years.
Year
Location
Type of Work
For Whom
Performed
Contact
Phone No.
Amount
2002-2005 Blackberry Farm GC--Maintenance--City of Cupertino
--Mikp- o'nnwn--40R-777-1141--$1RO:OOO
2002-2005 Blackberry Farm GC--GC ~enovation--City of Cupertino
--Mike O'Dowd--408-777-3143--$112,000
2003-2005 Emerald Hills GC--GC Maintenance--~edwood City Elks Lodge
--Gary Sowers--650-369-1991--$260,000
2004 Emerald Hills GC--Irrigation Installation Management--~edwood
City Elks Lodge--Gary Sowers--650-369-1991--$200,000
2004 Santa Clara GC--GC ~enovation--City of Santa Clara
--Larry Wolfe--408-615-2261--$15,000
BID PROPOSAL PAGE 6 OF 8
SUBCONTRACTOR'S FORM
The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California
Business and Professions Code, that I propose to hire to perform any of the work for this project
in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. Only
those listed below shall perform work on this proj ect and each of them has been provided with a
full and complete set of plans and specifications for this project by the bidder.
1. Name --NA--
Address & phone no.
Work to be Performed
2. Name --NA--
Address & phone no.
Work to be performed
3. Name
Address & phone no.
Work to be performed
4. Name
Address & phone no.
Work to be performed
5. Name
Address & phone no.
Work to be performed
6. Name
Address & phone no.
Wark to be performed
Contractor's License No.
Contractor's License No.
Contractor's License No.
Contractor's License No.
Contractor's License No.
Contractor's License No.
BID PROPOSAL PAGE 7 OF 8
BIDDER.S SIGNATURE FORM
IF YOU ARE AN INDNIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-
PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL
INDNIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A
CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES
OF THE PRESIDENT, SECRETARY-TREASURER, AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS
ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF
BUSINESS Golf Course Management
NAME OF
BUSINESSProfessional Turf Management Inc.
,
CORPORATION: Professional Turf Manaqement, Inc.
CO-PARTNERSHIP :
INDNIDUAL:
JOINT VENTURE:
OTHER:
(Describe)
Name and Signature of Bidder:
A.ndy Slack
(Print or type name)
~~
I' ~/\sJCJ7'
Date:
Address (mailing & location):
Don Naumann, President
A.ndy Slack, SecretarY-Treasurer
Professional Turf Management, Inc.
1272 Lincoln A.venue, San Jose, CA. 95125
Telephone Number:
( )408-998-2717
E-Mail Address:
aslack@spotwater.com
Acknowledgment of all addenda received is required by circling each addendum number.
G
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BID PROPOSAL PAGE 8 OF 8
INSURANCE FORMS INSTRUCTIONS
FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO
MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED.
ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE
1. Insurance Agreement - Must be signed by Contractor.
2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance
agent or must provide a certificate on the company's form. They must contain the same
information.
3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be
signed by the insurance agent for general liability and automobile liability only.
4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of
insurance per project - must be signed by the insurance agent for general liability only.
5. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the
insurance agent for worker's compensation only.
Insurance Instructions
INSURANCE AGREEMENT
A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires
every employer to be insured against liability for worker's compensation or undertake 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
Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor
diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in
full force and effect during the life of this Contract, the following insurance in amounts not less than
the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is
otherwise acceptable to the City.
Worker's Compensation
& Employers' Liability
LIMITS
In accordance with the Worker's Compensation
Act of the State of California - Worker's comp -
"statutory" per CA Law; Employers' Liability-
$1,000,000 per occurrence.
Insurance Agreement Page 1 of 2
General Liability - commercial general liability;
including provisions for contractual liability,
personal injury, independent contractors and
products - completed operations hazard.
Automobile Liability - comprehensive covering
owried, non-owned and hired automobiles.
Consultants only: Errors and Omissions liability.
Combined single limit of$I.O million per
occurrence; $2.0 million in the aggregate.
Combined single limit of $1.0 million per
occurrence.
$1.0 million per occurrence.
Professional Turf Managpmpnr
(Contractor's Name) .
I~y:H <Y-
Dated: t:,/'L'1
.-/
206
Insurance Agreement Page 2 of 2
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CITY OF
CUPEIQ'INO
CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO
This certifies to the City of Cupertino that the following described policies have been issued to the
insured named below and are in force at this time.
Insured: Professional Turf Manaqement
Address: 1272 Lincoln Avenue
San Jose, CA 95125
Description of operations/locations/products insured (show contract name and/or number, if any):
Provides golf course maintenance (mowing, leaf blowing, ra~ing)
and an employee who is certified to do pesticide spraying.
--------------------------------------------------
---------------------------------------------------
WORKER'S COMPENSATION
State Compensation
Insurance Fund
* Statutory Min.
* Employer's
Liability
(name of insurer)
$1.000,000
Insurance Company's State License No.
$ 1.000,000
$ 1 ,000, noo
-----------------------------------------------------
------------------------------------------------------------------
Check Policy Type:
COMPREHENSIVE GENERAL
LIABILITY
[x] Premises/Operations
Each Occurrence
$ 1,000,000
General Aggregate
(if applicable)
$ 2,000,000
[ x] Owners & Contractors
Protective Aggregate $ 2,000,000
[ x] Contractual for Specific
Contract Personal Injury $ 1 , 000 , 000
$
[ x] Products Liability
[X] XCU Hazards
[x] Broad Form P.D. Fire Damage (anyone fire) $ 100,000
[x] Severability of Interest
Clause
[x] Personal Injury with Medical Expense $ 5,000
Employee Exclusion Removed (anyone person)
or Self-Insured
COMMERCIAL GENERAL LIABILITY Retention $ "i00
Scottsdale Insurance Company
(name of insurer)
Policy No. CLS 112 20 13
Expiration Date 04/01/2006
Certificate of Insurance Agreement Page 1 of 2
---------------------------------------------------------------------
---------------------------------------------------------------------
AUTOMOTIVE/VEHICLE LIABILITY
Commercial Form
Liability Coverage
BODILY INJURY
Each Person
PROPERTY DAMAGE
Each Accident
$ M/"A
,
Each Accident
$
N/A
N/A
(name of insurer)
$ N/A
or
Policy No.
N/A
Combined Single Limit $ N / A
Expiration Date N / A
----------------------------------------------
-----------------------------------------------------
vi
(agent's initial)
A copy of all Endorsements to the policy(ies) which in any way
limit the above-listed types of coverage are attached to this
Certificate of Insurance.
This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the
coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or
condition of any contract or any other document with respect to which this Certificate of Insurance
may be issued or may pertain, the insurance afforded by the policies described herein is subject to
all the terms, exclusions and conditions of such policies.
IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by
the Agreement between the City and the insured.
Dated:
su
2015
ertificate of Insurance and Additional Insured Endorsement on company forms.
Certificate of Insurance Agreement Page 2 of 2
hACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
5/9/2005
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Volpatti Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
39350 Civic Center Drive, #411 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fremont, CA 94538
510-505-0283 INSURERS AFFORDING COVERAGE NAIC#
INSURED Professional Turf INSURER A: Scottsdale Insurance Company
Management, Inc. INSURER B:
1272 Lincoln Aveue INSURER C
San Jose, ca 95125 INSURER 0:
I INSURER E:
COVERAGES
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 IADD'L TYPI= "F IN<:"RANrE POLICY NUMBER b<1Y~(M~b5mYE P8.H~~~~)~~J:,?N LIMITS
LTR NSRD
~NERAL LIABILITY EACH OCCURRENCE $ 1 000,000
X COMMERCIAL GENERAL LIABILITY ~REM:S~S Ea occurence\ $ 100.000
LI CLAIMS MADE ~I OCCUR MED EXP (Anyone person) $ 5,000
- 04/01/05 04/01/06 000,000
A - CLSl122013 PERSONAL & ADV INJURY $ 1
GENERAL AGGREGATE $ 2.000.000
f---
GEN'L AGGRFlE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2.000,000
n PRO- II
POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
f--- (Ea accident) $
ANY AUTO
f---
I-- ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
-
HIRED AUTOS BODILY INJURY
- $
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
:=JESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CI CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I WCSTATU-; I IOTH-
TORY LIMITS ER
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $
~Wd~L~~5vl~lgNS below E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
City of Cupertino is named as addtional insured as their interest may appear.
Additional insured endorsement to follow. Other applicable endorsements are:
primary wording, waiver of subrogation. All endorsements to follow.
CERTIFICATE HOLDER
CANCELLATION
City of Cupertino
10300 Torre Avnue
Cupertino, CA 95014
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAI~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AjENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIV
@ ACORD CORPORATION 1988
ACORD 25 (2001/08)
CERTHOLDER COPY
STATE. P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
INSURANCE
F=UN 0 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 05-09-2005
GROUP: 000713
POLICY NUMBER: 13701-2004
CERTIFICATE ID: 1
CERTIFICATE EXPIRES: 04-01-2006
04-01-2005/04-01-2006
CITY OF CUPERTINO
10300 TORRE AVE
CUPERTINO CA 95014
This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer.
We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with
respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy
described herein is subject to all the terms, exclusions, and conditions, of such policy.
~
J~ c. eL
AUTHORIZED REPRESENTATIVE
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
EMPLOYER
PROFESSIONAL TURF MANAGEMENT, INC
1272 LINCOLN AVE
SAN JOSE CA 95125
[B19,NB]
SCIF 10262E
Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT"
PRINTED: 05-09-2005
PAGE 1 OF 1
[I] 0 n ,:A 1. 1. '.:t L U III fJ a r 1:1
F'OLlCY NUMBER:
I,Q] 00;:/00:::
COMMERCIAL GENERAL LIABILITY
CG20100704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This Eindors~:ment modifies insurance provided under 1I10 following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of ~~~~~~j~~~f.~~f:;';person(s)._~..",,~~:"]:~~::~~~~. Location(s) Of ~~,~,'~~:-~perations _____.....1
City of Cuportino
10300 Torre Avenue
Cupertino, CA 95014
Blackberry Golf Course
22100 Stevens Creek Blvd
Cupertino, CA
1_..._......-..,...,....,
..!~~.f.ormation required lS>.~~r.!.~,.P.lg;,~5'Jhis Schedule, if not shown a~.<?.Y~,,~jll..~~...shown in.l~.~..Q.~g,'.~rations.
A. Section " - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) st10wn in t118 Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions: or
2. The acts or omissions of those acting on your
behalf:
in the performance of YOllr ongoing operations for
tile additional insured(s) at tbe location(s) desig-
nated above.
CG 20 10 07 04
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "boejily injury" or
"property damage" occurring after:
1. All work, including rnateri<3Is, parts or equip-
ment furnislled in connection with Suct1 work,
on tilE) prOject (other It)<)n service, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been completed: or
2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by MY person or organization other
than another contr;:1clor or subcontractor en-
gaged in performing operations for a principal
ClS a part of the same project.
It is further agreed that this
insurance shan be Primary,
but only in the event of the
Named Insured's sole
negligence.
@ ISO Properties, Inc., 2004
o
Page 1 of 1
V ....) i V u:' .:::.. v v ;J I':::". '+;J r 1"1 ,\ J I V I .::: L D :J ..) ..) 0
M~ n~ll ~ ~ompany
I4J 000/003
POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL L1A81L1TY COVERAGE PARr
SCHEDULE
Name of Person or Organization:
City of Cupertino
10300 Torre Avenue
Cupertino, CA 9501-4
(If no entry appears above, information required to complete Ihis endorsement will be shown in the Declarations as
applicable to tl)iS endorsement)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV _ COMMEH-
CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We wi:3ive any rigl)t of recovery we may have against the person or organization shown in the Schedule above
because of payments we make for injury or dama[w arising oul of your ongoing oper.1tions or "your work" done
under a contract with that person or O"g~HlizC:ltion and included in the "products-completed operations /)(.-l:wrd". This
w;;1ivcr applies only to tile person or organiZ(ltion shown in the Schedule 3bove,
CG 24041093
Copyrigl'lt, Insurance SerVices Office, Ine" 1992
Page 1 of 1
o
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CITY OF
CUPEI\TINO
ADDITIONAL INSURED ENDORSEMENT
and
ENDORSEMENT OF PRIMARY INSURANCE
and
NOTICE OF POLICY
CANCELLATION ENDORSEMENT
Project Title and Number: Blackberry Farm r;r. Mr:linr.:::>naTlce proj #: 200S-01
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy
to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as
follows:
The City of Cupertino ("City") and its directors, officers, engineers, agents and employees,
and all public agencies from whom permits will be obtained and their directors, officers, engineers,
agents and employees are hereby declared to be additional insureds under the terms of this policy,
but only with respect to the operations of the Contractor at or upon any of the premises of the City
in connection with the Contract with the City, or acts or omissions of the additional insureds in
connection with, but limited to its general supervision or inspection of said operations.
The insurance afforded by this policy is primary insurance, and no additional insurance held
or owned by the designated additional insured(s) shall be called upon to cover a loss under said
additional policy.
Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided,
canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the City of Cupertino
("City"). Such notice shall be addressed to the City as indicated below.
POLICY INFORMATION
1. Insurance Company:
scottsoale Insurance Company
2. Insurance Policy Number:
CLSl122013
3. Effective Date of this Endorsement:
May 6
20 05
4. Insured:
PrOfessional Turf Managpmpnt
Additional Insured and Primary Insurance and Notice of Cancellation Endorsement Page I of 2
All notices herein provided to be given by the Insurance Company to the City in connection
with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre
Avenue; Cupertino, California 95014.
,
I, K e 11 y J. Vol n rt t. t. ; (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representati e:
(Original signature required on all
Names of
A t/A Vol patti Tnsurance Services Tl'tle'.
gen gency:
O"\Jne r
Address:
3'210 State Street, Ste 110
Telephone: -.2lQ-505-9077
Fremont, CA 94538
Facsimile: 510-505-0284
Additional Insured and Primary Insurance and Notice of Cancellation Endorsement Page 2 of 2
.~
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CITY OF
CUPERJINO
,
COMPREHENSIVE GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
ENDORSEMENT OF AGGREGATE LIMITS OF
INSURANCE PER PROJECT
Project Title and Number: Rlrlr.kherry Farm GC Maintenance proj -II: 2005-01
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as
follows:
This Endorsement modifies the insurance provided under the General Liability Coverage part of
the below-referenced policy of insurance.
The general aggregate limit under LIMITS OF INSURANCE applies separately to the project
described as Blackberry Farms Gol f Course
POLICY INFORMATION
1. Insurance Company:
Scottscale In~l1rrJnr.e ""',....mT'\::>nv
2. Insurance Policy Number:
CLS1122013
3. Effective Date of this Endorsement:
May 6
20115-
4. Insured:
Professional Turf Manaqement
5. Additional Insured: City of Cupertino, its directors, officers, agents and employees.
All notices herein provided to be given by the Insurance Company to the City in connection
with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre
Avenue; Cupertino, California 95014.
I, Kelly J. VOlpatti (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature
hereon do so bind this Company. ~
Signature of Authorized Representati e: O~ k~ ~ ~ ~
(Original signature required on all r ments~rr\9hedt\Jh~District)
Names of
Agent/Agency: Volpatti Insurance Service
Address: 39210 State St, Ste 110
Fremont, CA 94538
Title: Own e r
Telephone: ~-505-9077
Facsimile: 510-505-0284
Aggregate Limits Endorsement Page 1 of 1
.~
CITY OF
CUPEI\TINO
WAIVER OF SUBROGATION ENDORSEMENT
WORKER'S COMPENSATION INSURANCE
ProjectTitleandNumber:BL:::,ckbp-rry F<'lrm C:;C- M<'lintp-n<'lncp 'Proj #- 7.001:)-01
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed
as follows:
It is agreed that with respect to such insurance as is afforded by the policy, the Insurance
Company waives any right of subrogation against the City of Cupertino, and each of its directors,
officers, agents, consultants and employees by reason of any payment made on account of injury,
including death resulting therefrom, sustained by any employee of the insured, arising out of the
performance of the above-referenced Contract.
POLICY INFORMATION
1. Insurance Company: State Compensation Insurance Fund
2. Insurance Policy Number: 713 -13701- 2 004
3. Effective Date of this Endorsement:
May 6
20 05
4. Insured:
Professional 'T'llrf Managemp-nt
All notices herein provided to be given by the Insurance Company to the City in connection
with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre
Avenue; Cupertino, California 95014.
I, K ell y J. Vol pat t i (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representati . e:
(Original signature required on all
Names of
Agent/Agency: VOlpatti Insurance Services Title: 01mer
Address:
39210 State Street, Ste 110
Fremont, Ca 94538
Telephone: 510-505-9077
Facsimile: 510-505-0284
Subrogation Endorsement Page 1 of 1