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15-206 Amendment #5 dated 5-4-20 Professional Turf Management; Blackberry Farm Golf Course Maintenance1 FIFTH AMENDMENT TO AGREEMENT 15-206 BETWEEN THE CITY OF CUPERTINO AND PROFESSIONAL TURF MANAGEMENT FOR BLACKBERRY FARM GOLF COURSE MAINTENANCE This Fifth Amendment to Agreement 15-206 between the City of Cupertino and Professional Turf Management, for reference dated 5/4/2020, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Professional Turf Management, a California Corporation (“Contractor”) whose address is P.O. Box 700142, San Jose, Ca. 95170, and is made with reference to the following: RECITALS: A. On 12/3/2015, Agreement 15-206 (“Agreement”) was entered into by and between City and Contractor for Blackberry Farm Golf Course Maintenance and soil sample collection and testing. B. On 7/1/2016, City and Contractor agreed to the First Amendment for Blackberry Farm Golf Course Maintenance and soil sample collection and testing. C. On 7/1/2017, City and Contractor agreed to the Second Amendment for Blackberry Farm Golf Course Maintenance and soil sample collection and testing D. On 7/1/2018, City and Contractor agreed to the Third Amendment for Blackberry Farm Golf Course Maintenance and soil sample collection and testing E. On 7/1/2019, City and Contractor agreed to the Fourth Amendment for Blackberry Farm Golf Course Maintenance and soil sample collection and testing F. The Agreement and the First, Second, Third, and Fourth Amendments are collectively referred to as the “Agreement” unless otherwise indicated. G. 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. TERM. Paragraph 1 of the Agreement is modified to read as follows: The Contractor shall continue work through June 30, 2021, and shall diligently prosecute the work. The term of the Agreement shall terminate on June 30, 2021, unless terminated earlier as 2 set forth herein. 2. SERVICES TO BE PERFORMED. Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the Scope of Work (see Exhibit A). The General and Special Conditions, Technical Provisions and Special Environmental Conditions are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. Contractor further agrees to carry out its work in compliance with the City’s Shelter In Place and Social Distancing Requirements, attached here and incorporated as Exhibit A-A. 3. Exhibit A-A, attached hereto, is added to the Agreement. 4. COMPENSATION TO CONTRACTOR. Paragraph 3 of the Agreement is modified to read as follows: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor’s bid, which is attached hereto as Exhibit B-3 and incorporated herein by reference. 5. Exhibit B-2 of the Agreement is replaced with new Exhibit B-3 attached hereto. 6. 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 By Title Date________________________________ CITY OF CUPERTINO By Title Date________________________________ APPROVED AS TO FORM City Attorney ATTEST: City Clerk Michael Basile Owner Jun 16, 2020 Heather M. Minner Deborah L. Feng Jun 21, 2020 City Manager Kirsten Squarcia 6/22/20 3 EXPENDITURE DISTRIBUTION PO #2016-398 560-63-616 700-702 Original $99,600.00 Amendment #1: $205,200.00 Amendment #2: $205,200.00 Amendment #3: $205,200.00 Amendment #4: $205,200.00 Amendment #5: $205,200.00 Total: $1,125,600 Revised: June 5, 2020 – Public Works Contracts 1 Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement Contract”), includes immediate compliance by Contractor and its subcontractors with the restrictions on travel and the Social Distancing Requirements set forth in the most recent health order issued by the County of Santa Clara Health Department in response to the COVID-19 pandemic, and any subsequent amendments or superseding orders thereto (the “Health Order”), and any other local, state, or federal laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”). B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social distancing requirements in the Health Order when preforming work under this Contract. If a scope of work item, notice to proceed, or work order under this Contract specifies work that cannot be performed in compliance with the Health Order or other Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to require any person at high risk of severe illness from COVID-19 to leave their residence to perform work under the Contract. Contractor will inform the City if other arrangements for the work must be made, and City will do so, with no penalty to Contractor, although Contractor will not be compensated for work performed by the City or third parties. Information from the Center for Disease Control ("CDC") on "high risk" categories is available at the CDC's website at: https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html. D. Health Order Requirements and Best Practices. Contractor will immediately undertake all appropriate measures to ensure compliance with the Social Distancing Requirements in the Health Order by all individuals on any project site or work area performing work under this Contract, including Contractor's or any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as required by the Health Order or other Health Laws. In particular, Contractor must comply with the provisions of Appendix B-1 or B-2 (attached hereto) to the Health Order, as applicable. Further, as long as required by the operative Health Order including Appendix B-1 or B-2, or other Health Laws, these measures shall include, but are not limited to, the following best practices: 1. Information. Inform all workers of the Social Distancing Requirements and these best practices, including any updates or modifications, and require compliance as a condition to being present on the project site or work area. 2. Sick Workers. Prohibit any individuals who have been tentatively or conclusively diagnosed with COVID-19 or who have any symptoms of illness, including the following, from entering or remaining on the project site or work area: fever, cough, shortness of Revised: June 5, 2020 – Public Works Contracts 2 breath, sore throat, body aches, chills, sudden loss of smell or taste or other flu-like symptoms. Encourage sick workers to get immediate medical attention. a. Daily Screening. A supervisor must ask the following questions of each worker before the worker is permitted to enter the project site or work area each day, and a worker who responds "yes" to any one of the following questions must be asked to leave immediately and will not be permitted back on the project site or work area until cleared based on meeting the applicable requirements set forth in the CDC's Interim Guidance on Discontinuation of Home Isolation for Persons with COVID-19 (https://www.cdc.gov/coronavirus/2019-ncov/hcp/disposition-in- home-patients.html): 1) Have you had any of the following symptoms within the past 14 days: fever, cough, shortness of breath, sore throat, body aches, chills, sudden loss or smell or taste, or any other flu-like symptoms? 2) Have you or anyone in your household been in contact with a person that has been diagnosed with, has symptoms of, or is being tested for COVID-19? 3) Have you been medically directed to self-quarantine due to possible exposure to COVID-19? 3. Signage/Posters. In compliance with the Health Order, post a Social Distancing Protocol, substantially in the form attached to the Health Order as Appendix A, at all project site or work area entry points, and in other areas where they are likely to be seen (e.g., project trailers, sanitary facilities, break areas). The Social Distancing Protocol must explain how Contractor is achieving compliance with social distancing requirements. Resources for this purpose are available from the CDC at: https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business- response.html A copy of the Social Distancing Protocol must also be provided to each employee performing work at the project site or work area. 4. Sanitary Facilities. Ensure adequate handwashing and/or hand-sanitizing facilities are available at all times and encourage frequent handwashing and/or hand-sanitizing throughout the day as specified below. Portable sanitary facilities must be serviced and cleaned on a daily basis. Provide hand sanitizer in or around all toilet facilities and common areas, including project trailers. a. Handwashing. Wash hands using soap and water for at least 20 seconds. b. Hand-sanitizer. Use a hand sanitizer that contains at least 60-95% alcohol when handwashing is not immediately available. Revised: June 5, 2020 – Public Works Contracts 3 c. Paper Products. Ensure that toilet paper, tissues, and paper towels are available as appropriate, with designated receptacles for disposal. 5. Distancing. Prohibit workers from being less than six feet apart, unless and only to the extent that would compromise worker safety or violate safety Laws for specific operations. Prohibit handshaking or any physical contact among workers, with the sole and limited exception of any physical contact required for worker safety or to comply with safety Laws. Avoid sharing tools to the extent possible. Require workers to provide their own transportation where possible and to avoid having more than two workers in a vehicle. 6. Groups/Meetings/Site Access. Avoid any group gatherings of 10 or more people. Use electronic alternatives to in person meetings, e.g., conference calls, video-conferencing, etc., to the greatest extent possible. Limit access to the project site or any work area to workers who are necessary to perform the work at that time. Allow non-essential personnel to work from home to the extent possible. Avoid all non-essential travel. Do not stack trades if possible. 7. Frequent Cleaning. Provide for regular and appropriate cleaning of all high touch surfaces at a project site or work area, including, but not limited to, shared tools or equipment, doorknobs and handles, toolboxes, sanitary facilities, common break areas, keypads, touch screens, project trailer surfaces and equipment, light or power switches, workstations, countertops, break areas, and the like. Clean and/or disinfect any reusable items or equipment. Clean surfaces of shared vehicles, including steering wheels, gear shifts, handles, instrument panels, etc. Ensure that cleaning products are used correctly and safely, and avoid cleaning techniques, such as use of pressurized air or water sprays, that may generate bioaerosols. 8. Personal Protective Equipment. When workers cannot avoid close proximity or physical contact, e.g., based on applicable safety laws, or are otherwise at risk for exposure to COVID-19, ensure that the affected workers are provided with appropriate personal protective equipment ("PPE"), which may include disposable gloves and/or other PPE. Instruct workers to wash or sanitize hands after removing gloves or other PPE. Ensure that all personal protective equipment is disposed of properly. 9. Water and Food. Prohibit shared or communal food or common water coolers. Provide individual water bottles for workers or instruct workers to bring their own. 10. Enforcement. Immediately eject any worker who fails or refuses to comply with the Health Laws, Social Distancing Requirements, or these best practices from the project site until or unless the Project Manager issues a written authorization for the worker to return, subject to full compliance. Revised: June 5, 2020 – Public Works Contracts 4 F. Proof of Compliance. If Contractor is subject to Appendix B-1 of the Health Order, Contractor must provide to the City the name and contact information for its designated site-specific COVID-19 supervisor(s). If Contractor is subject to Appendix B-2 of the Health Order, Contractor must provide to the City a copy of its Site-Specific Health and Safety Plan. Any changes to the COVID-19 supervisor or the Site-Specific Health and Safety Plan must be reported to the City immediately. E. Oversight. In other to ensure that all workers comply with the Social Distancing Requirements to the extent possible, Contractor shall designate a named individual to have primary responsibility for implementation and enforcement of the Social Distancing Requirements and these best practices, and to serve as the primary point of contact with the City in this regard. Contractor shall promptly inform the City of the name of this individual. F. Changed Requirements. It is understood and acknowledged that circumstances pertaining to the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with the City to implement new or changed requirements as quickly as possible. G. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require any agents, subcontractors, or subconsultants to comply with its provisions. Attachments to Exhibit A-A Appendix B-1 to June 5, 2020 Health Order Appendix B-2 to June 5, 2020 Health Order 1228578.4 Appendix B-1 Effective June 5, 2020) 1 Small Construction Project Safety Protocol 1. Any construction project meeting any of the following specifications is subject to this Small Construction Project Safety Protocol (“SCP Protocol”), including public works projects unless otherwise specified by the Health Officer: a. For residential projects, any single-family, multi-family, senior, student, or other residential construction, renovation, or remodel project consisting of 10 units or less. This SCP Protocol does not apply to construction projects where a person is performing construction on their current residence either alone or solely with members of their own household. b. For commercial projects, any construction, renovation, or tenant improvement project consisting of 20,000 square feet of floor area or less. c. For mixed-use projects, any project that meets both of the specifications in subsection 1.a and 1.b. d. All other construction projects not subject to the Large Construction Project Safety Protocol set forth in Appendix B-2. 2. The following restrictions and requirements must be in place at all construction job sites subject to this SCP Protocol: a. Comply with all applicable and current laws and regulations including but not limited to OSHA and Cal-OSHA. If there is any conflict, difference, or discrepancy between or among applicable laws and regulations and/or this SCP Protocol, the stricter standard shall apply. b. Designate a site-specific COVID-19 supervisor or supervisors to enforce this guidance. A designated COVID-19 supervisor must be present on the construction site at all times during construction activities. A COVID-19 supervisor may be an on-site worker who is designated to serve in this role. c. The COVID-19 supervisor must review this SCP Protocol with all workers and visitors to the construction site. d. Establish a daily screening protocol for arriving staff to ensure that potentially infected staff do not enter the construction site. If workers leave the jobsite and return the same day, establish a cleaning and decontamination protocol prior to entry and exit of the jobsite. Post the daily screening protocol at all entrances and exits to the jobsite. More information on screening can be found online at: https://www.cdc.gov/coronavirus/2019- ncov/community/index.html. e. Practice social distancing by maintaining a minimum six-foot distance between workers at all times, except as strictly necessary to carry out a task associated with the construction project. Appendix B-1 Effective June 5, 2020) 2 f. Where construction work occurs within an occupied residential unit, separate work areas must be sealed off from the remainder of the unit with physical barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must access the work area from an alternative entry/exit door to the entry/exit door used by residents. Available windows and exhaust fans must be used to ventilate the work area. If residents have access to the work area between workdays, the work area must be cleaned and sanitized at the beginning and at the end of workdays. Every effort must be taken to minimize contact between workers and residents, including maintaining a minimum of six feet of social distancing at all times. g. Where construction work occurs within common areas of an occupied residential or commercial building or a mixed-use building in use by on-site employees or residents, separate work areas must be sealed off from the rest of the common areas with physical barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must access the work area from an alternative building entry/exit door to the building entry/exit door used by residents or other users of the building. Every effort must be taken to minimize contact between worker and building residents and users, including maintaining a minimum of six feet of social distancing at all times. h. Prohibit gatherings of any size on the jobsite, including gatherings for breaks or eating, except for meetings regarding compliance with this protocol or as strictly necessary to carry out a task associated with the construction project. i. Cal-OSHA requires employers to provide water, which should be provided in single-serve containers. Sharing of any of any food or beverage is strictly prohibited and if sharing is observed, the worker must be sent home for the day. j. Provide personal protective equipment (PPE) specifically for use in construction, including gloves, goggles, face shields, and face coverings as appropriate for the activity being performed. At no time may a contractor secure or use medical-grade PPE unless required due to the medical nature of a jobsite. Face coverings must be worn in compliance with the April 17, 2020 Guidance from the County of Santa Clara Public Health Department, available at: https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do.aspx#howto. k. Strictly control “choke points” and “high-risk areas” where workers are unable to maintain six-foot social distancing and prohibit or limit use to ensure that six-foot distance can easily be maintained between individuals. l. Minimize interactions and maintain social distancing with all site visitors, including delivery workers, design professional and other project consultants, government agency representatives, including building and fire inspectors, and residents at residential construction sites. m. Stagger trades as necessary to reduce density and allow for easy maintenance of minimum six-foot separation. Appendix B-1 Effective June 5, 2020) 3 n. Discourage workers from using others’ desks, work tools, and equipment. If more than one worker uses these items, the items must be cleaned and disinfected with disinfectants that are effective against COVID-19 in between use by each new worker. Prohibit sharing of PPE. o. If hand washing facilities are not available at the jobsite, place portable wash stations or hand sanitizers that are effective against COVID-19 at entrances to the jobsite and in multiple locations dispersed throughout the jobsite as warranted. p. Clean and sanitize any hand washing facilities, portable wash stations, jobsite restroom areas, or other enclosed spaces daily with disinfectants that are effective against COVID-19. Frequently clean and disinfect all high touch areas, including entry and exit areas, high traffic areas, rest rooms, hand washing areas, high touch surfaces, tools, and equipment q. Maintain a daily attendance log of all workers and visitors that includes contact information, including name, phone number, address, and email. r. Post a notice in an area visible to all workers and visitors instructing workers and visitors to do the following: i. Do not touch your face with unwashed hands or with gloves. ii. Frequently wash your hands with soap and water for at least 20 seconds or use hand sanitizer with at least 60% alcohol. iii. Clean and disinfect frequently touched objects and surfaces such as work stations, keyboards, telephones, handrails, machines, shared tools, elevator control buttons, and doorknobs. iv. Cover your mouth and nose when coughing or sneezing, or cough or sneeze into the crook of your arm at your elbow/sleeve. v. Do not enter the jobsite if you have a fever, cough, or other COVID-19 symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at home. vi. Constantly observe your work distances in relation to other staff. Maintain the recommended minimum six feet at all times when not wearing the necessary PPE for working in close proximity to another person. vii. Do not carpool to and from the jobsite with anyone except members of your own household unit, or as necessary for workers who have no alternative means of transportation. viii. Do not share phones or PPE. s. In the event of a confirmed case of COVID-19 at any jobsite, the following must take place: i. Immediately remove the infected individual from the jobsite with directions to seek medical care. ii. Each location the infected worker was at must be decontaminated and sanitized by an outside vendor certified in hazmat clean ups, and work in these locations must cease until decontamination and sanitization is complete. iii. The County Public Health Department must be notified immediately by both telephone (by calling 408.885.4214) and by email (by sending an email to coronavirus@phd.sccgov.org). Any requirements specified by the County health officials must be completed, including full compliance with any tracing efforts by the County. Appendix B-2 Effective June 5, 2020) 1 Large Construction Project Safety Protocol 1. Any construction project meeting any of the following specifications is subject to this Large Construction Project Safety Protocol (“LCP Protocol”), including public works projects unless otherwise specified by the Health Officer: a. For residential construction projects, any single-family, multi-family, senior, student, or other residential construction, renovation, or remodel project consisting of more than 10 units. b. For commercial construction projects, any construction, renovation, or tenant improvement project consisting of more than 20,000 square feet of floor area. c. For construction of Essential Infrastructure, as defined in section 16.c of the Order, any project that requires 20 or more workers at the jobsite at any one time. 2. The following restrictions and requirements must be in place at all construction job sites subject to this LCP Protocol: a. Comply with all applicable and current laws and regulations including but not limited to OSHA and Cal-OSHA. If there is any conflict, difference or discrepancy between or among applicable laws and regulations and/or this LCP Protocol, the stricter standard will apply. b. Prepare a new or updated Site-Specific Health and Safety Plan to address COVID- 19-related issues, post the Plan on-site at all entrances and exits, and produce a copy of the Plan to County governmental authorities upon request. The Plan must be translated as necessary to ensure that all non-English speaking workers are able to understand the Plan. c. Provide personal protective equipment (PPE) specifically for use in construction, including gloves, goggles, face shields, and face coverings as appropriate for the activity being performed. At no time may a contractor secure or use medical-grade PPE, unless required due to the medical nature of a job site. Face coverings must be worn in compliance with the April 17, 2020 Guidance from the County of Santa Clara Public Health Department, available at: https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do.aspx#howto. d. Ensure that employees are trained in the use of PPE. Maintain and make available a log of all PPE training provided to employees and monitor all employees to ensure proper use of the PPE. e. Prohibit sharing of PPE. Appendix B-2 Effective June 5, 2020) 2 f. Implement social distancing requirements including, at minimum: i. Stagger stop- and start-times for shift schedules to reduce the quantity of workers at the jobsite at any one time to the extent feasible. ii. Stagger trade-specific work to minimize the quantity of workers at the jobsite at any one time. iii. Require social distancing by maintaining a minimum six-foot distance between workers at all times, except as strictly necessary to carry out a task associated with the project. iv. Prohibit gatherings of any size on the jobsite, except for safety meetings or as strictly necessary to carry out a task associated with the project. v. Strictly control “choke points” and “high-risk areas” where workers are unable to maintain minimum six-foot social distancing and prohibit or limit use to ensure that minimum six-foot distancing can easily be maintained between workers. vi. Minimize interactions and maintain social distancing with all site visitors, including delivery workers, design professional and other project consultants, government agency representatives, including building and fire inspectors, and residents at residential construction sites. vii. Prohibit workers from using others’ phones or desks. Any work tools or equipment that must be used by more than one worker must be cleaned with disinfectants that are effective against COVID-19 before use by a new worker. viii. Place wash stations or hand sanitizers that are effective against COVID-19 at entrances to the jobsite and in multiple locations dispersed throughout the jobsite as warranted. ix. Maintain a daily attendance log of all workers and visitors that includes contact information, including name, address, phone number, and email. x. Post a notice in an area visible to all workers and visitors instructing workers and visitors to do the following: 1. Do not touch your face with unwashed hands or with gloves. 2. Frequently wash your hands with soap and water for at least 20 seconds or use hand sanitizer with at least 60% alcohol. 3. Clean and disinfect frequently touched objects and surfaces such as workstations, keyboards, telephones, handrails, machines, shared tools, elevator control buttons, and doorknobs. 4. Cover your mouth and nose when coughing or sneezing or cough or sneeze into the crook of your arm at your elbow/sleeve. 5. Do not enter the jobsite if you have a fever, cough, or other COVID- 19 symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at home. 6. Constantly observe your work distances in relation to other staff. Maintain the recommended minimum six-feet distancing at all times when not wearing the necessary PPE for working in close proximity to another person. 7. Do not share phones or PPE. Appendix B-2 Effective June 5, 2020) 3 xi. The notice in section 2.f.x must be translated as necessary to ensure that all non-English speaking workers are able to understand the notice. g. Implement cleaning and sanitization practices in accordance with the following: i. Frequently clean and sanitize, in accordance with CDC guidelines, all high-traffic and high-touch areas including, at a minimum: meeting areas, jobsite lunch and break areas, entrances and exits to the jobsite, jobsite trailers, hand-washing areas, tools, equipment, jobsite restroom areas, stairs, elevators, and lifts. ii. Establish a cleaning and decontamination protocol prior to entry and exit of the jobsite and post the protocol at entrances and exits of jobsite. iii. Supply all personnel performing cleaning and sanitization with proper PPE to prevent them from contracting COVID-19. Employees must not share PPE. iv. Establish adequate time in the workday to allow for proper cleaning and decontamination including prior to starting at or leaving the jobsite for the day. h. Implement a COVID-19 community spread reduction plan as part of the Site-Specific Health and Safety Plan that includes, at minimum, the following restrictions and requirements: i. Prohibit all carpooling to and from the jobsite except by workers living within the same household unit, or as necessary for workers who have no alternative means of transportation. ii. Cal-OSHA requires employers to provide water, which should be provided in single- serve containers. Prohibit any sharing of any food or beverage and if sharing is observed, the worker must be sent home for the day. iii. Prohibit use of microwaves, water coolers, and other similar shared equipment. i. Assign a COVID-19 Safety Compliance Officer (SCO) to the jobsite and ensure the SCO’s name is posted on the Site-Specific Health and Safety Plan. The SCO must: i. Ensure implementation of all recommended safety and sanitation requirements regarding the COVID-19 virus at the jobsite. ii. Compile daily written verification that each jobsite is compliant with the components of this LCP Protocol. Each written verification form must be copied, stored, and made immediately available upon request by any County official. iii. Establish a daily screening protocol for arriving staff, to ensure that potentially infected staff do not enter the construction site. If workers leave the jobsite and return the same day, establish a cleaning and decontamination protocol prior to entry and exit of the jobsite. Post the daily screening protocol at all entrances and exit to the jobsite. More information on screening can be found online at: https://www.cdc.gov/coronavirus/2019-ncov/community/index.html. iv. Conduct daily briefings in person or by teleconference that must cover the following topics: 1. New jobsite rules and pre-job site travel restrictions for the prevention of COVID-19 community spread. 2. Review of sanitation and hygiene procedures. 3. Solicitation of worker feedback on improving safety and sanitation. 4. Coordination of construction site daily cleaning/sanitation requirements. 5. Conveying updated information regarding COVID-19. Appendix B-2 Effective June 5, 2020) 4 6. Emergency protocols in the event of an exposure or suspected exposure to COVID-19. v. Develop and ensure implementation of a remediation plan to address any non- compliance with this LCP Protocol and post remediation plan at entrance and exit of jobsite during remediation period. The remediation plan must be translated as necessary to ensure that all non-English speaking workers are able to understand the document. vi. The SCO must not permit any construction activity to continue without bringing such activity into compliance with these requirements. vii. Report repeated non-compliance with this LCP Protocol to the appropriate jobsite supervisors and a designated County official. j. Assign a COVID-19 Third-Party Jobsite Safety Accountability Supervisor (JSAS) for the jobsite, who at a minimum holds an OSHA-30 certificate and first-aid training within the past two years, who must be trained in the protocols herein and verify compliance, including by visual inspection and random interviews with workers, with this LCP Protocol. i. Within seven calendar days of each jobsite visit, the JSAS must complete a written assessment identifying any failure to comply with this LCP Protocol. The written assessment must be copied, stored, and, upon request by the County, sent to a designated County official. ii. If the JSAS discovers that a jobsite is not in compliance with this LCP Protocol, the JSAS must work with the SCO to develop and implement a remediation plan. iii. The JSAS must coordinate with the SCO to prohibit continuation of any work activity not in compliance with rules stated herein until addressed and the continuing work is compliant. iv. The remediation plan must be sent to a designated County official within five calendar days of the JSAS’s discovery of the failure to comply. k. In the event of a confirmed case of COVID-19 at any jobsite, the following must take place: i. Immediately remove the infected individual from the jobsite with directions to seek medical care. ii. Each location the infected worker was at must be decontaminated and sanitized by an outside vendor certified in hazmat clean ups, and work in these locations must cease until decontamination and sanitization is complete. iii. The County Public Health Department must be notified immediately by both telephone (by calling 408.885.4214) and by email (by sending an email to coronavirus@phd.sccgov.org). Any requirements specified by the County health officials must be completed, including full compliance with any tracing efforts by the County. l. Where construction work occurs within an occupied residential unit, any separate work area must be sealed off from the remainder of the unit with physical barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must access the work area from an alternative entry/exit door to the entry/exit door used by Appendix B-2 Effective June 5, 2020) 5 residents. Available windows and exhaust fans must be used to ventilate the work area. If residents have access to the work area between workdays, the work area must be cleaned and sanitized at the beginning and at the end of workdays. Every effort must be taken to minimize contact between workers and residents, including maintaining a minimum of six feet of social distancing at all times. m. Where construction work occurs within common areas of an occupied residential or commercial building or a mixed-use building in use by on-site employees or residents, any separate work area must be sealed off from the rest of the common areas with physical barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must access the work area from an alternative building entry/exit door to the building entry/exit door used by residents or other users of the building. Every effort must be taken to minimize contact between worker and building residents and users, including maintaining a minimum of six feet of social distancing at all times. EXHIBIT B-3 COMPENSATION COMPENSATION Payment for services to be performed in Fiscal Year 2020-21 From July 1, 2020 to June 30, 2021 shall be $17,000.00 per month for maintenance activities as described in Exhibit A, plus $100.00 per each soil sample and testing with a maximum Quantity of 12. Payment for services to be performed in Fiscal Year 2020-21 shall not exceed $205,200 as noted below. Item Unit Qty Unit Price Total Cost Blackberry Farm Month 12 $17,000.00 $204,000.00 Golf Course Maintenance Soil Sampling Collection Each 12 $100.00 $1200.00 TOTAL FEE for services, Fiscal Year 2020-21, Not to Exceed: $205,200.00 Ple as e fold a nd tea r here Policy Number: 191 4357-D04-05J Prepared January 22, 2020 Page number 1 of 5 1004583 143562 202 01-15-2018 AT2 State Farm Mutual Automobile Insurance Company PO Box 853922 Richardson, TX 75085-3922 A-0264 A BASILE, MICHAEL DBA PROFESSIONAL TURF MGT 1310 SADDLE RACK ST APT 302 SAN JOSE CA 95126-5105 AUTO RENEWAL AMOUNT DUE: $517.17 Payment is due by April 04, 2020 You r State Fa rm Ag en t JOSEPH FRANGIEH INS AGY INC Office: 408-793-8303 Add ress: 120 W CAMPBELL AVE STE A CAMPBELL, CA 95008-1044 If you have a new or different car, have added any drivers, or have moved, please contact your agent. Th an k you for cho os ing State Fa rm. Policy Number: 191 4357-D04-05J Policy Period: April 4, 2020 to October 4, 2020 Ve hic le: 2013 FORD EDGE Prin cip al Driv er: MICHAEL BASILE CONVENIENT PAYMENT OPTION: You may use one of State Farm’s alternate payment plans which divides your present premium into two separate payments. You may pay one half of the amount due, $258.58, plus a handling charge of $2.00. The amount due on APR 04 2020 will be $260.58. The remaining half will be due on JUN 03 2020. We’ll send you a reminder notice. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. Insured: BASILE, MICHAEL Policy Number: 191 4357-D04-05J Amount Due: $517.17 Please pay by April 04, 2020 Make payment to State Farm For Offic e Us e Only AUTO REN $517.17 0426 3-A3 A 0264-FB0C APP DT 05-14-2020 MUTL VOL 10026058 359009500051717 805200191435711102> 0209004267 State Farm Insurance Companies P.O. Box 680001 Dallas, TX 75368-0001 Power To Pay You r Way Online statefarm.com/pay Mobile Use the State Farm m obile app Call Automated Line: 1-800-440-0998 Your agent: 408-793-8303 Mail Send us a check Visit your State Farm agent Key code: 1682102759 Policy Number: 191 4357-D04-05J Prepared January 22, 2020 Page number 2 of 5 VEH IC LE IN F OR MAT ION Re vie w yo ur p olic y in form atio n care fully . If an yth ing is incorre ct, or if there are an y cha ng es to you r ve hicle info rma tio n, pleas e let us kno w rig ht away. Vehicle Descri ption Veh icl e Iden tificatio n Nu mber (VIN)Who principally drives this vehicle?How is this vehicle normally used ? 2013 FORD EDGE 2FMDK3JC1DBA83377 MICHAEL BASILE, a divorced individual, who will have 41 years of driving experience as of April 04, 2020. Business. Oth er Ho us eh old Veh icle (s) Yo ur premiu m may be influ en ce d by othe r State Fa rm policies that curre ntl y ins ure the fol lowin g veh icle (s) in you r ho useh old: 2019 FORD F150 The premium on the expiring policy term was based on 15,900 miles per year. The premium on the renewal policy term was based on 15,900 miles per year. The premium for this renewal was determined using an annual mileage this vehicle is expected to be driven that was developed from information we obtained or was provided by you. Please contact us if you expect your annual mileage to change over the next year. Premium Adjustment Each year, we review our medical payments and personal injury protection coverages claim experience to determine the vehicle safety discount that is applied to each make and model. In addition, we review the comprehensive, collision, bodily injury and property damage claim experience annually to determine which makes and models have earned decreases or increases from State Farm’s standard rates. If any changes result from our reviews, adjustments are reflected in the rates shown on this renewal notice. We’ve taken the hassl e out of onl ine bill payment. Go to statefarm.com/pay to ma ke a payment. We’re here to help life go right with secu re, sim pler way to pay. As secu re as it is co nvenient. Policy Number: 191 4357-D04-05J Prepared January 22, 2020 Page number 3 of 5 D RI VE R IN FOR MAT I ON As sig ne d Driv er(s ) T he fol lowin g driver(s) are as sign ed to the veh icle (s) on this po licy. Name Driving Experience as of April 04, 2020 M arital Statu s MICHAEL BASILE 41 years Divorced Principal Driver & Assigned Drivers For each automobile, the Principal Driver is the individual who most frequently drives it. Each driver is designated as an Assigned Driver on the household automobile that they most frequently drive. Your premium may be influenced by the information shown for these drivers. C OV ER AG E AN D LIM ITS See your policy for an explanat ion of these coverages. A Liability 1,000,000 Bodily Injury & Property Damage $274.74 C Medical Payments 10,000 $14.06 D 250 Deductible Comprehensive $36.26 G 500 Deductible Collision $135.18 H Emergency Road Service $4.23 U Uninsured Motor Vehicle Bodily Injury 250,000/500,000 $50.05 U1 Uninsured Motor Vehicle Property Damage $2.65 Amount Due $517.17 If any coverage you carry is changed to give broader protection with no additional premium charge, we will give you the broader protection without issuing a new policy, starting on the date we adopt the broader protection. D IS CO UN T S These adjustments have already been applied to your premium. Discou nt Name Multiple Line P Multicar P Vehicle Safety P Driving Safety Record P California Good Driver P Loyalty P Total Discounts $2,076.36 Oth er Av aila ble Disc ou nt(s ) Yo u may be eligible for add ition al discou nts Se e the enclo se d insert for mo re info rma tio n. Mature Driver Please fold and tear here Policy Number: 273 4810-A07-05E Prepared April 24, 2020 Page number 1 of 5 1004583 143562 202 01-15-2018 AT2 State Farm Mutual Automobile Insurance Company PO Box 853919 Richardson, TX 75085-3919 A-0264 A BASILE, MICHAEL DBA PROFESSIONAL TURF MGT 1310 SADDLE RACK ST APT 302 SAN JOSE CA 95126-5105 AUTO RENEWAL AMOUNT DUE: $706.90 Payment is due by July 07, 2020 Your State Farm Agent JOSEPH FRANGIEH INS AGY INC Office: 408-793-8303 Address: 120 W CAMPBELL AVE STE A CAMPBELL, CA 95008-1044 Ifyouhaveanewordifferentcar,haveaddedanydrivers,orhavemoved, pleasecontactyouragent. Thank you for choosing State Farm. Policy Number: 273 4810-A07-05E Policy Period: July 7, 2020 to January 7, 2021 Vehicle: 2019 FORD F150 Principal Driver: MICHAEL BASILE CONVENIENT PAYMENT OPTION: You may use one of State Farm's alternate payment plans which divides your present premium into two separate payments. You may pay one half of the amount due, $353.45, plus a handling charge of $2.00. The amount due on JUL 07 2020 will be $355.45. The remaining half will be due on SEP 05 2020. We'll send you a reminder notice. Your auto insurance rates are impacted by the mileage your vehicle is driven. To ensure we've priced our insurance coverage accurately based on the number of miles you drive, we obtained valid mileage information for this vehicle through a third party provider and/or from you. Annual mileage was determined using this data and applied. Please contact your State Farm agent with questions within 30 days of your policy's renewal date. continued on next page ) Insured: BASILE, MICHAEL Policy Number: 273 4810-A07-05E Amount Due: $706.90 Please pay by July 07, 2020 Make payment to State Farm For Office Use Only AUTO REN $706.90 0729 3-A3 A 0264-FB0C APP DT 08-16-2020 MUTL VOL 40035545 059018900070690 905200273481011102> 0209007291 State Farm InsuranceCompaniesP.O. Box680001Dallas, TX 75368-0001 Power To Pay Your Way Online statefarm.com/pay Mobile Use the State Farm mobile app Call Automated Line: 1-800-440-0998 Your agent: 408-793-8303 Mail Send us a check Visit your State Farm agent Key code: 1684007625 Policy Number: 273 4810-A07-05E Prepared April 24, 2020 Page number 2 of 5 When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. VEHICLE INFORMATION Review your policy information carefully.If anything is incorrect, or if there are any changes to your vehicle information, please let us know right away. Vehicle Description Vehicle Identification Number (VIN) Who principally drives this vehicle? How is this vehicle normally used? 2019 FORD F150 1FTEW1C43KKD28593 MICHAEL BASILE, a divorced individual, who will have 41 years of driving experience as of July 07, 2020. To Work, School or Pleasure. Other Household Vehicle(s) Your premium may be influenced by other State Farm policies that currently insure the following vehicle(s) in your household: 2013 FORD EDGE The premium on the expiring policy term was based on 10,600 miles per year. The premium on the renewal policy term was based on 14,100 miles per year. The premium for this renewal was determined using an annual mileage this vehicle is expected to be driven that was developed from information we obtained or was provided by you. The national average is more than 12,000 miles driven annually according to the U.S. Department of Transportation. Please contact us if you expect your annual mileage to change over the next year. continued on next page) We've taken the hassle out of online bill payment. Go to statefarm.com/pay to make a payment. We're here to help life go right with secure, simpler way to pay. As secure as it is convenient. Policy Number: 273 4810-A07-05E Prepared April 24, 2020 Page number 3 of 5 VEHICLE INFORMATION continued Premium Adjustment Each year, we review our medical payments and personal injury protection coverages claim experience to determine the vehicle safety discount that is applied to each make and model. In addition, we review the comprehensive, collision, bodily injury and property damage claim experience annually to determine which makes and models have earned decreases or increases from State Farm's standard rates. If any changes result from our reviews, adjustments are reflected in the rates shown on this renewal notice. DRIVER INFORMATION Principal Driver & Assigned Drivers For each automobile, the Principal Driver is the individual who most frequently drives it. Each driver is designated as an Assigned Driver on the household automobile that they most frequently drive. Your premium may be influenced by the information shown for these drivers. COVERAGE AND LIMITS See your policy for an explanation of these coverages. A Liability Bodily Injury 1,000,000/1,000,000 Property Damage 1,000,000 $287.14 C Medical Payments 10,000 $16.22 D 250 Deductible Comprehensive $81.43 G 500 Deductible Collision $263.82 H Emergency Road Service $4.23 U Uninsured Motor Vehicle Bodily Injury 250,000/500,000 $51.34 U1 Uninsured Motor Vehicle Property Damage $2.72 Amount Due $706.90 If any coverage you carry is changed to give broader protection with no additional premium charge, we will give you the broader protection without issuing a new policy, starting on the date we adopt the broader protection. DISCOUNTS These adjustments have already been applied to your premium. Multiple Line P Multicar P Vehicle Safety P Driving Safety Record P California Good Driver P Loyalty P Total Discounts $2,786.98 PTM 5th Amendment to Agreement for BBF Golf Course Maintenance Final Audit Report 2020-06-22 Created:2020-06-09 By:Kevin Khuu (KevinK@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAsnfNTyYRwE3RKYo0yM5uXpTo6wR2BTmJ PTM 5th Amendment to Agreement for BBF Golf Course Mainte nance" History Document created by Kevin Khuu (KevinK@cupertino.org) 2020-06-09 - 9:53:06 PM GMT- IP address: 73.158.53.147 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-06-09 - 9:57:28 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-06-11 - 2:49:35 PM GMT - Time Source: server- IP address: 24.23.184.82 Document emailed to m_basile@hotmail.com for signature 2020-06-11 - 2:49:39 PM GMT Kevin Khuu (KevinK@cupertino.org) replaced signer m_basile@hotmail.com with Michael Basile mike_basile@hotmail.com) 2020-06-12 - 1:45:36 PM GMT- IP address: 73.158.53.147 Document emailed to Michael Basile (mike_basile@hotmail.com) for signature 2020-06-12 - 1:45:36 PM GMT Email viewed by Michael Basile (mike_basile@hotmail.com) 2020-06-12 - 1:55:28 PM GMT- IP address: 174.194.194.170 Document e-signed by Michael Basile (mike_basile@hotmail.com) Signature Date: 2020-06-16 - 10:15:46 PM GMT - Time Source: server- IP address: 98.210.121.198 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-06-16 - 10:15:47 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-06-20 - 10:59:40 PM GMT- IP address: 45.41.142.183 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-06-20 - 11:00:24 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Deborah L. Feng (debf@cupertino.org) for signature 2020-06-20 - 11:00:26 PM GMT Email viewed by Deborah L. Feng (debf@cupertino.org) 2020-06-22 - 4:58:56 AM GMT- IP address: 104.47.44.254 Document e-signed by Deborah L. Feng (debf@cupertino.org) Signature Date: 2020-06-22 - 4:59:20 AM GMT - Time Source: server- IP address: 24.6.12.22 Document emailed to Kirsten Squarcia 6/22/20 (kirstens@cupertino.org) for signature 2020-06-22 - 4:59:23 AM GMT Email viewed by Kirsten Squarcia 6/22/20 (kirstens@cupertino.org) 2020-06-22 - 3:35:43 PM GMT- IP address: 104.47.45.254 Document e-signed by Kirsten Squarcia 6/22/20 (kirstens@cupertino.org) Signature Date: 2020-06-22 - 3:36:15 PM GMT - Time Source: server- IP address: 148.64.105.190 Signed document emailed to Araceli Alejandre (aracelia@cupertino.org), Kevin Khuu (KevinK@cupertino.org), Kirsten Squarcia 6/22/20 (kirstens@cupertino.org), Michael Basile (mike_basile@hotmail.com), and 4 more 2020-06-22 - 3:36:15 PM GMT