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26-013 Alvernaz Construction for Building Construction Services
Building Construction Services On-Call Public Works Contract/ April 2024 Page 1 of 12 ON-CALL PUBLIC WORKS CONTRACT WITH ALVERNAZ CONSTRUCTION 1. PARTIES This On-Call Public Works Contract (“Contract”) is made by and between the City of Cupertino, a municipal corporation (“City”), and Alvernaz Construction (“Contractor”) a Sole Proprietorship/Individual for Building Construction Services, and is effective on the last date signed below (“Effective Date”). 2. SCOPE OF WORK 2.1 Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work described in the Scope of Work (“Work”), attached and incorporated here as Exhibit A, on an as- needed basis. The Work must comply with this Contract and with each Service Order issued by the City’s Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request that Work be done in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Work, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Work, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Work, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City’s best interests. In particular, in emergency situations, the City Project Manager may execute a Service Order for emergency work based on oral conversations with the Contractor, without adhering to the full process outlined in this section. Contractor will not be compensated for Work performed without a duly authorized and executed Service Order. 3. TIME OF PERFORMANCE 3.1 Term. This Contract begins on the Effective Date and ends on June 30, 2029 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Contract, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must complete the Work within the time specified in each Service Order, and under no circumstances should the Work go beyond the Contract Time. Building Construction Services On-Call Public Works Contract/ April 2024 Page 2 of 12 3.3 Time is of the essence for the performance of all the Work required in this Contract and in each Service Order. Contractor must have sufficient time, resources, and qualified staff to deliver the Work on time. Contractor must respond promptly to each Service Order request. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work based upon actual costs and capped so as not to exceed $75,000.00 (“Contract Price”), based upon the Scope of Work in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. 4.2 Per Service Order. Compensation for Work provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order. 4.3 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials, equipment, and any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the undisputed amounts billed within thirty (30) days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor’s final payment within sixty (60) days of City’s acceptance of the Work pursuant to a specific Service Order as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons hired to work under this Contract. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. Contractor shall possess a California Contractor’s License in good standing for the following classification(s): B, which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and equipment required to perform the Work under this Contract. Building Construction Services On-Call Public Works Contract/ April 2024 Page 3 of 12 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which woul d otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor’s request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors, and permitted assigns. 8. PUBLICITY / SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) year thereafter must credit City contributions to the Project. The words “City of Cupertino” must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements, and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. Building Construction Services On-Call Public Works Contract/ April 2024 Page 4 of 12 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 25% of the Work under any give Service Order, provided that each subcontractor is required by contract to be bound by the provisions of this Contract and any applicable Service Order. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor’s Work falls short of the requirements of this Contract or constitutes grounds for rejection under the Public Contract Code. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor’s Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within fifteen (15) days after City accepts the Work under a particular Service Order if the Work involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Work pursuant to a Service Order. The reports must describe the Work and specific tasks performed, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports, but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HVAC systems; utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records, and maintained for four (4) years from the date of City’s final payment. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Contract or in any manner relating to any of the following: Building Construction Services On-Call Public Works Contract/ April 2024 Page 5 of 12 (a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Contract. 11.3 Contractor’s duties under this entire Section 11 are not limited to Contract Price, Workers’ Compensation, or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Contract. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Contract. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C, and must maintain the insurance for the Contract Time, or longer as required by City. City will not execute the Contract until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Contract. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Work, as required by the Immigration Reform and Control Act. Building Construction Services On-Call Public Works Contract/ April 2024 Page 6 of 12 13.2 Labor Laws. a. The following provisions apply to any Service Order of $1,000 or more: i.In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”) to all workers employed on this project. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. ii.Registration. Contractor and all subcontractors shall not engage in the performance of any work under this Contract unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subcontractors as required, to the City. iii.Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR. iv.Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law. v.Report on Prevailing Rate of Wages. The City has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the City of Cupertino City Hall, and shall be made available to any interested party upon request. vi.Employment of Apprentices. Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. vii.Penalties. Contractor’s attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor’s and subcontractors’ failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor’s or subcontractors’ failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations. b. Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day’s work. Contractor will also be required to pay City a Building Construction Services On-Call Public Works Contract/ April 2024 Page 7 of 12 penalty of $200.00 per worker for each day of violation. c. As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the work of this contract.” 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor’s employees or subcontractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants, and agents, may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants, and agents warrant they are not employees of City nor do they have any relationship with City officials, officers, or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of this Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements, or terminating this Contract. City reserves all other rights and remedies available under the law and this Contract, including the right to seek indemnification under Section 11 of this Contract. 14. BONDS For any Service Order of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the compensation pursuant to the Service Order, using the Bond Forms attached and incorporated here as Exhibit D. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven (7) calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor’s expense, deduct the cost from payments due Contractor, or terminate the Service Order or Contract. City will not authorize work Building Construction Services On-Call Public Works Contract/ April 2024 Page 8 of 12 under a Service Order until the required bonds are submitted. 15. UTILITIES, TRENCHING, AND EXCAVATION 15.1 Contractor must call the Underground Service Alert (“USA”) 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City’s Service Center must be called at (408) 777- 3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and (c) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For Service Orders where compensation is $25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705, prior to commencing work. The plan must show the design of shoring, bracing, sloping, and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state, and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters, and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to, the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; Building Construction Services On-Call Public Works Contract/ April 2024 Page 9 of 12 (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; (c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water offsite in lawful manner; (d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; (e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor’s failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines. 17. PROJECT COORDINATION City Project Manager. The City assigns Nathan Vasquez as the City’s representative for all purposes under this Contract, with authority to oversee the progress and performance of the Scope of Work. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Michael Alvernaz as its single Representative for all purposes under this Contract, with authority to oversee the progress and performance of the Work. Contractor’s Project manager is responsible for coordinating and scheduling the Work in accordance with City instructions, service orders, and the Schedule of Performance. Contractor must regularly update the City’s project manager about the status, progress and any delays with the work. City’s written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Work or parts thereof at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out Work under a Service Order. With City’s pre-approval in writing, the time spent in closing out Work under a Service Order will be compensated up to ten percent (10%) of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products, and deliverables completed. 19. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Building Construction Services On-Call Public Works Contract/ April 2024 Page 10 of 12 Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, et seq., incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs. 21. SIGNS/ADVERTISEMENTS No signs may be displayed on or about City’s property, except signage which is required by law or by the Contract, without City’s prior written approval as to size, design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 24. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials, and equipment should pass to City free of claims, liens, or encumbrances. Contractor warrants the Work and materials for one year from the date of City’s acceptance of the Work as complete (“Warranty Period”), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor’s Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 25. ENTIRE AGREEMENT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If there is any inconsistency between any term, clause, or provision of the main Contract and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Contract shall prevail and be controlling. Building Construction Services On-Call Public Works Contract/ April 2024 Page 11 of 12 26. SEVERABILITY/PARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid, or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 27. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all provisions regarding warranties, indemnities, payment obligations, insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract ends. 28. INSERTED PROVISIONS Each provision and clause required by law for this Contract is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 29. HEADINGS The headings in this Contract are for convenience only, are not a part of the Contract and in no way affect, limit, or amplify the terms or provisions of this Contract. 30. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 31. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth (5th) calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Nathan Vasquez Email: NathanV@cupertino.org To Contractor: Alvernaz Construction PO Box 366 San Martin, CA 95046 Attention: Michael Alvernaz Email: michaelalvernaz@alvernazconstruction.com SIGNATURES CONTINUE ON THE FOLLOWING PAGE Building Construction Services On-Call Public Works Contract/ April 2024 Page 12 of 12 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. This Contract may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused the Contract to be executed. CITY OF CUPERTINO A Municipal Corporation By Name Title Date ALVERNAZ CONSTRUCTION By Name Title Date APPROVED AS TO FORM: MICHAEL K. WOO Senior Assistant City Attorney ATTEST: LAUREN SAPUDAR Acting City Clerk Date michael alvernaz Owner 01/27/26 Chad Mosley Director of Public Works Jan 27, 2026 Lauren Sapudar Jan 27, 2026 EXHIBIT A SCOPE OF WORK 1. GENERAL REQUIREMENT A. The Contractor shall furnish all labor, tools, equipment, materials, and supervision necessary to perform the painting services at Service Center. B. All work shall be done in a first class, complete and workmanlike manner, confirming to best industry practices and applicable original manufacturer specifications. C. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions in connection with the work and shall comply with all applicable safety laws, best industry standards, and take all reasonable precautions for safety of the public, City employees and other persons on or about the property. D. The normal (standard) working hours for this contract shall be from 8:00am to 3:30pm Monday through Thursday and 8:00am to 2:30pm on Friday. E. Contractor shall possess a valid Contractor’s and City’s business license. F. Contractor is responsible for compliance with all applicable laws. Without limiting the generality of the foregoing, Contractor shall possess all permits and/or licenses required by the State of California. G. Contractor is fully responsible for any and all damage done to public or private property that results from the contractor’s operations. This shall also include any damage done to buildings and other improvements. H. Each worker performing work under this Contract shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code for Service Order greater than $1,000, if applicable. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. Responsibilities of the Contractor include, but are not limited to, the following: The Contractor shall provide on-call general building construction services to the City on an as-needed basis through individual Service Orders issued by the City. Services may include the construction, alteration, repair, renovation, and improvement of City- owned or City-leased facilities and properties. All work shall be consistent with the requirements of a California Class B General Building Contractor license and may involve the coordination of two or more unrelated building trades or crafts. Each Service Order shall define the specific scope, location and schedule for the work to be performed. A cost proposal shall be provided to the City prior to commencement of any work. No work shall be performed without approved Service Order from the City unless it is an emergency. The Contractor shall act as the prime contractor for each Service Order and shall be responsible for furnishing all labor, materials, equipment, tools, supervision, and incidentals necessary to complete the authorized work. Services under this Agreement may include, but are not limited to: Tenant improvements and interior renovations Building repairs and facility maintenance projects Structural and non-structural modifications Building envelope repairs ADA accessibility improvements Mechanical, electrical, and plumbing work incidental to general building construction Demolition and reconstruction associated with facility improvements Concrete demolition, installation and reconstruction Response to emergency work as needed by the City The Contractor shall: Perform all work in compliance with applicable federal, state, and local laws, codes, and regulations, including the California Building Code and CAL/OSHA requirements. Obtain all required permits and coordinating inspections Perform work within the limits of the Contractor’s license and subcontract specialty trades as required by law. Coordinate work with City representatives, facility occupants, and inspectors, to minimize disruption to City operations. Maintain a safe and secure worksite, including protection of existing facilities, public access, and adjacent property. Perform work in occupied facilities when required, and take appropriate measures for safety, dust control, noise control, and site security. Complete all work in accordance with approved plans, specifications, schedules, and City standards. This Scope of Work establishes the general categories of services that may be requested and does not guarantee any minimum amount of work. The City reserves the right to issue, modify, or cancel Service Orders in accordance with the Agreement. Scope of Work Alvernaz Construction P.O. Box 366 San Martin, CA 95046 State License #711435 408-595-2817 Michaelalvernaz@alvernazconstruction.com License B Contractor Labor Rates Hourly Rate: $165.00 per hour Overtime Rate: $247.50 per hour Emergency Rate: $350.00 per hour City of Cupertino Master Agreement Service Order Exhibit B CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. Master Agreement Contract #: Maximum Compensation: Consultant: MA Date: MA End Date: Ph: Project Name: Description: (simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: Fiscal/Budget : Master Agreement Maximum Compensation: Total Previously Encumbered to Date: Encumbrance this Service Order: Master Agreement Unencumbered Balance: Approvals Signatures: Consultant/ Contractor Manager/ Supervisor: Date: Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance: Date: Management Analyst Firm Name: Address: Contact: SO Acc't #: Project #: PO #: Date: Insurance Requirements for On-Call Public Works Construction Contracts Version: May 2025 1 Contractor shall procure and maintain for the duration of the contract, and for five (5) years following the completion of the Project, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (“CGL”): Coverage shall be at least as broad as Insurance Services Office (ISO) Form CG 00 01, with limits of at least $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products and completed operations. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled . a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall allow and be endorsed "primary and non- contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City. The City’s own insurance or self- insurance shall not be called upon. 2. Automobile Liability: Coverage shall be provided using ISO Form CA 00 01 (or equivalent) covering any auto (Code 1), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 each accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 each accident/disease, or as otherwise required by statute. If Contractor is self- insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. Not required. Contractor has provided written verification of no employees 4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. Not required. Contract is not design/build. 5. Builder’s Risk/Installation Floater. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Not required. Project does not involve construction or improvements/installations to property. 6. Contractors Pollution Liability. with coverage to include asbestos, lead and mold coverage, and including errors and omissions coverage, applicable to the work being performed under this agreement, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate per policy period of one year. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” ON-CALL PUBLIC WORKS CONSTRUCTION CONTRACTS Insurance Requirements: Exhibit C Insurance Requirements for On-Call Public Works Construction Contracts Version: May 2025 2 The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. The policy shall be endorsed to include the City, its officers, officials, employees, agents, and volunteers as additional insureds. Not required. Project does not involve environmental hazards. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Builder’s Risk/Installation Floater Contractor shall provide Builder’s Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The coverage policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. The Contractor shall be the named insured, and the City and subcontractors of any tier shall be named as insureds. The policy shall allow and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, agents, and volunteers. Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds with respect to liability arising out of the work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with the work or operations. Specifically, the General Liability, Automobile Liability and Contractors Pollution Liability shall provide additional insured status to the City. CGL coverage shall be provided in the form of an endorsement at least as broad as ISO Form CG 20 10 (11 85) or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37, if a later edition is used. Primary and Non-Contributory Coverage Except Workers’ Compensation coverage, Contractor’s insurance coverage shall allow and be endorsed “primary and non-contributory” and at least as broad as the most recent edition of ISO CG 20 01 with respect to City, its City Council, officers, officials, employees and volunteers, and shall not seek contribution from City’s insurance. Any insurance or self-insurance maintained by City and the additional insureds shall be excess of Contractor’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy required shall provide and be endorsed that coverage shall not be canceled or expire, except with written notice to the City that the coverage afforded by the policy is in force and will not be reduced or cancelled without at least thirty (30) days advance written notice to City, unless due to non-payment of premiums, in which case ten (10) days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. If a carrier will not provide the required notice of cancellation or policy modification, the Contractor shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums. Insurance Requirements for On-Call Public Works Construction Contracts Version: May 2025 3 Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City (Insert on the Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible or self- insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Waiver of Subrogation Contractor waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability, Workers’ Compensation, Contractor’s Pollution Liability, and Builders Risk/Installation Floater policies shall allow and be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance policy language effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences however, City’s failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Surety Bonds As required by the Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a sum equal to the applicable Service Order Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. <Project Title> 2021 Form PAYMENT BOND <Project Number> Page 30 Payment Bond <________________________________> (“City”) and ________________________ (“Contractor”) have entered into a contract for work on the <_________________________________________________> Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”). 1.General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2.Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation. 3.Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4.Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect. 5.Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Email: ____________________________________________________ 6.Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the <__________________> County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. [Signatures are on the following page.] Exhibit D <Project Title> 2021 Form PAYMENT BOND <Project Number> Page 31 7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title END OF PAYMENT BOND <Project Title> 2021 Form PERFORMANCE BOND <Project Number> Page 32 Performance Bond <______________________________> (“City”) and __________________________ (“Contractor”) have entered into a contract for work on the <_______________________________________________> Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”). 1. General. Under this Bond, Contractor as Principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________ to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise, Surety’s obligations will remain in full force and effect. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs. 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: _____________________________________________________ <Project Title> 2021 Form PERFORMANCE BOND <Project Number> Page 33 Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the <___________> County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title END OF PERFORMANCE BOND CERTIFICATE OF LIABILITY INSURANCE OATE (MM/DDTYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAT]ON ONLY AND CONFERS NO RTGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSUTNG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statoment on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER BELL PLAZA INSURANCE 924 Camino Drive Santa Glara, CA 95050 License #:0A91409 INSURER(S) AFFORDING COVERAGE NAIC # TNSURERA: Accident Fund General lns 12304 INSURED Alvernaz Gonstruction MichaelAlvernaz PO Box 366 San Martin. CA 95046 cA 95045 TNSURERB' ACCident Fund General lns 12304 tNsuRERc' Accident Fund General Ins 12304 rNsuRERD, State Fund 71',|455 INSURER E : INSURER F r COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSRtTp TYPE OF INSURANCE tNsn POLICY NUMBER POLICY EXP IMM/DD/YYYYI LIMITS EACH OCCURRENCE $ 2.000.000 DAMAGE TO RENTED PRFi,IISFS f Fa occrrrene'\50.000$ MED EXP (Any one person)5.000$ PERSONAL & ADV INJURY s 1.000-000 GENERAL AGGREGATE s 4.000.000 PRODUCTS - COMP/OP AGG s 2.000.000 A COMMERCIAL GENERAL LIABILITY .LATMS-MA'E X o""r* GEN'L AGGREGATE LIMIT APPLIES PER: ro.,"" fl55"oi E PD 1000 Ded Occur1000 Ded LOC Y Y GLStSTC000996021 09t01t2025 0910112026 $ $ 1.000.000 BODILY INJURY (Per person) BODILY INJURY (Per accident)$B SCHEDULED AUTOS NON-OWNED AUTOS ONLY Y Y GLSrSTC00099s022 09t01t2025 09101t2026 Uninsured Motorist s 1.000.000 X X EACH OCCURRENCE s 2-000-000UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MAOE AGGREGATE E 2.000.000c X DFD RETENTION $0 GLSlSTC000995023 09t01t2025 0910112026 $ PER STATUTE OTH- ER E.L. EACH ACCIDENT s 1.000.000 E.L, OISEASE - EA EI\,IPLOYEE s 1-000-000D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEFYEXECUTIVE OFFICERYMEMBER EXCLUDED? (Mandatory in NH) lf yes, describe under DESCRIPTION OF OPERATIONS below N/A Y 1721281-2025 12t01t2024 12i01t2026 E,L. DISEASE. POLICY LIMIT s 1.000.000 Deductible/SlR $0 OESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD l0l, Additional Remarks Schedule, may be attached if more spacs is requlred) City of Cupertino, Board and Commissions, officers, Officials, agents, employees, consultants and volunteers. General Liability coverage applies on a Primary and Non-Contributory basis. Notice of Cancellation Provision in place - ln Favor of the Certificate Holder For General Liability - Auto Policy - Workers Compensation lnsurance. CERTIFlCA @ 1988-2015 ACORD GORPORATION' All rights reserved. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. %J-*;-**AUTHORIZED REPRESENTATIVE Citv of Cupertino Public Works 10300 Torre Avenue Cupertino, CA 95017 Attn: Jimmy Tan, P.E. I ACORD 2s (2016/03)The ACORD name and logo are registered marks of ACORD [ur"ouoete LIIBTLTTY | )1 | mrv euro X R#[too,,-" [X [X Xl*r=oo"o*." [XnEl H Ded $1000 EJU'OBSEMEITIT AGREEMEIUT IirAmrR oF suSRocAttoll EFFECTTVE DECEXBER I, AIID EXPIRIIIG DECEXBEN 202a At 12.01 A.x.t, 2026 Af 12.01 A.H. BROKER COPY l72t2El-25 REXEIIAI. sc 3-36-79-98 PAGE I O?1 xoME omcc sAtrt FRAt{clsco ALLEFFECTIVE OAIESANEar 1201 ail PAcrftc STA''I,AND I|IE OB ?HE IIME IDICATED AT PACIFIC 8IA'{DABO TIME ALVBRIAT COISTRUCTIOI PO EOf, 365 sAlI xrmr[, cA 95015 ^NYTIIIIIG III THIS POLICI TO IlE COIITR.AIY IOTflITHST^XDIXG, IT IS AGREED THAT THE STATE COIPEISATIOII IIISI'RATCE PU'{Dl{ IVES AXI RIGHT OF SUBRoGATIOT{ AGAII|SI, CITY OP CUPSNTU{O SIICII IIIGHT ATISE EY REISOf, OF rIT P^IIEXT UIDEN THIS ?OLICY II{ @I{NECTIOT{ rlITH TORK PERFONIED BYI ALVERNAZ CONSTRUCTION IT IS FUNTHEN AGREED THAT TIIE IIISURED SIIALL IIAIXTAIN PAYROLL NE@NE ACCUNATELI SEGNEGATITG THE NEI{U'IEnATIOI{ OF EIIPLOYEES TIIILE ETIGAGED II{ K'RK FOR TIIE ABOYE EIIPI.OYEN. IT IS PUNfiEN AGREED TIIAT PBEI{IUII ON TflE EANilIf,GS OF SUCH EIIPLOIEES SHALL EE IXCTEASED BI O3U. l{otHtMi lr{ lt{s EttDofillE[Errtt cor{t^rrrtED stALL BE xEl'o ?o yahy, aTEn, w^m On EXlEio AXY OF THE tEnrrs, COf{dTlOl{S, Affil,Eif8, On UtttAtlOI{S OF tI{tS POLICY OIHEF IHA'{ A3 STAIED. '{OTI{I'{G A,3EUHENE 11{ ?HI8 POLICY SHALL EE ltElo To YAiY, ^tlcB, wawE oi LmtT THI ,'iBms, coiDrTtoflS, AGnEEilET{T3 Oi I.IMIIATIoITS OF THIS EI{DONSGMEITT, oEcEt{BEn t. 202, /L- .//;* PRESDEilT AIS CEO oo * ,r7 STATE '.:"1l ^':1 .''." FUNtr, \ Policy# 1721281-25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION BY US -CERTIFICATE HOLDER(S) Th� .odasement r,,odifteS imiOOIOClt prowled under the� SCHEDUI.E �ficato Holdor(s): City of Cupertino, Board and Commissions, officers, Officials, agents, employees, consultants and volunteers. General Liability coverage applies on a Primary and Non-Contributory basis. Notice of Cancellation Provision in place -In Favor of the Certificate Holder for General Liability -Auto Policy -Workers Compensation Insurance. Section XXII. CONDITIONS. 4. Cancellation II amended by the addition r:J lhe fo1'°"'1ng: If we canc-..et ! tn PolieybefOlllt ? '-t1 xpwauon dale 9-reaf, wa will mail JO daya Mn en na a (10 days for non-paymen d Pflmei.,n) to the Certificatllt Mloldtr(a) ildicated in ht SCI-EOULE abc:MI. AU. OTrER TERMS Alt/CJ CONOIJIONS � Tlil: POLICY REMAIN �CHANGED. RENEWAL Dalet 1OlO2l2O24 INFORMATION FORM Poticyt 1721281-2025 This documenl does nol provide insurance lf you have already submitted your updates online, please disregard. RENEWAL INFORMATION Policy Number: Effective Oatel Expiration Date: Anniversary Rating Date 1?21241 -2025 12101t2024 12101t2026 LEGAL ENTITY INFORMATION Legal Entity: Entity SubType: Business Legal Name: FEIN: Updates/Changes: lndividual N/A MICHAEL ALVERNAZ 55-1515385 Primary OBA: Additional OBAs: Updates/Changes ALVERNAZ CONSTRUCTION EMPLOYER MAILING ADDRESS Mailing Name: Mailing Address: [Jpdates/Changes: ALVERNAZ CONSTRUCTION PO BOX366, SAN MARTIN. CA 9504& CONTACT INFORMATION Primary Contact Name: Oftice Phone: Mobile Phone: E-mailAddress: Fax No: Page 1 ol 4 CN MICHAEL ALVERNAZ (408) 5912817 MICHAELALVERNAZ@ALVERNAZCO NSTRUCTION.COI\,I Policy Name: ALVERNAZ CONSTRUCTION 00102493 ARTHUR J GALLAGHER RISK MANAGEMENT INS S (408) 842-4450 STATE coMPENs^rr10r.] INSUR^'JCE FLJNtr) BUSINESS OBA RENEWAL Date: 0812512025 INFORMATION FORM Poticy:'t721281-2025 This document does not provide insurance lf you have already submitted your updates online, please disregard. UpdateslChanges: LOCATIONS & EXPOSURES tr No Permanent California Location Updates/Changes: 12120 CENTER AVE, SAN MARTTN, CA 95046 (PRIMARY) Classification # of Full-Time Employees # of Part Time Employees Estlmated Annual Remuneration/Payroll 5403.1.CARPENTRY < $41 HR 0 0 $0.00 5432-1 -CARPENTRY >= $41 HR 0 0 $0.00 OWNERSHIP INFORMATION Existing Owners, Officers & Partners MICHAEL ALVERNAZ I Name: MICHAEL A ALVERNAZ Title : Sole Proprietor lnclude/Exclude: Not Covered: Not Eligible Location: 12120 CENTER AVE Class Code: NA FEIN : 55-1515385 SSN : "'-"-5385 SEIN: NA Remuneration Payroll : $0.00 Ownership Percent: NA ls this individual's payroll part of the estimated payroll? : Description Of Duties : Not provided Updates/Changes to Owners, Officers & Partners Page 2 oi 4 CN Policy Name: ALVERNAZ CONSTRUCTION 00102493 ARTHUR J GALLAGHER RISK MANAGEMENT INS S STATE COM PENSATION FLJND STATE FL,ND cow Pe NsA.YroN INSUFIANCE RENEWAL Dete: 0812512025 INFORMATION FORM Policy:1721281-2025 This document does not provide insurance lf you have already submitted your updates online, please disregard. PURCHASE ACQUISITION Yes NoQuestion Was this operation all or part of an existing business that was purchased or acquired? 'if 'yes', please complete the Purchase Acquisition questions and add any additional information in the Remarks section. Purchase Acquisition Questions Yes No Submitted lnformation What Percentage Of the Business was Acquired? Date Ownership Changed Prior Business Owner's Name Prior Business Address Prior Name Of Business ls prior owner(s) related to the new owner(s)? Have operations changed since the business was acquired? Were more than 50% of the current employees hired since the acquisition? Are those employees earning more than 50% of the payroll? IIIII Page 3 of 4 CN Policy Name: ALVERNAZ CONSTRUCTION OO.I02493 ARTHUR J GALLAGHER RISK MANAGEMENT INS S FLJND RENEWAL Oatet OAl25l2O25 INFORMATION FORM Policyt 172'1281-2025 This document does not provide insurance lf you have alre.dy 3ubmined your updates online, please di3rega.d. General Oueation3 No Romark3 Will you a3sign tomponry hboreE lo your curaant oa potontlal clicnts? f 'yos', please provlde addltlonal information in thE Remarks ssciion. Will you a$lgn lo.lod or long-ta.m worters lo your cur7lnt or polontlsl clionts? lf'yes'. please pmvide additional information in the Remarks ssc{ion, H!8 th. nature of oporatlon! pcrtorm€d by tho omploy.r chang.d? lf 'yos', ploas6 provid€ additionsl information in the Remarks section. BLANKET WAIVER OF SUBROGATION Blankol Walvor ot Subrogauon Ysa llo Remar1(5 Do you regulr3 a Blsnket Walvor of Subr€atlon Endoraement on your renswlng pollcy? lf yes, thero will bs an sddllional pramium drarge of 2% of the 6stimated policy promium indudod in your rsnewal quotc, !a wLzL 74,1LL Name and Tite of lndividusl Peg€ 4 of 4 CN neture 924 Santa Ohre'CA 9s0s0 STATE C< TJFE^iSATL( Tl rfrSrJRArrCE GENERAL QUESTIONS Yoa Policy Nam€: ALVERNAZ CONSTRUCTION 00102493 ARTHUR J GALLAGHER RISK MANAGEMENT INS S huquo 25, /oz5i-- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION This endorsement modifies insurance proMded under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART P ROOU CTS/COM P LETEO OPERATIONS LIABI LITY COVERAGE PART The following is added tc the Other lnsurance Condition and supersedes any provision to the contrary: Primary And Noncontributory lnsurance This insurance is primary to and will not seek mntribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named lnsured under such other insurance; and COI,ITIIERCIAL GENERAL LIABILITY GLStSTC000996021 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution fiom any other insurance available to the additional insured. @ lnsurance Services Office, \nc.,2025 Page t of 'l Accident Fund General Insurance Company 200 Nonh Grand Avenue o Lansing, Ml 48933-1288 IHI$EIIDOf,SEIIENAIHAXGES THE FOUCY. PLEASE READ IT CATEFULLY. ACCTDENT FTND GENERAL INSUNAXCE COMPANY COMMENChL GENENAL LIABILITY FOLICY ADDI TONAL NSUN,ED. STATE ON FOLITICAL SUADIVISIONS - LICEISE This ctrdorscmcn! moditics ittiutulcc Providcd uldr( lhc followittS: COMMERCIAL GENERAL I.TAATUTY COVERAGE PAXT. or Politicel Subdivision: Ciry of Cupertino, boards and commissions, officers, offtcials, agents, employees, consultants and volunteers. (lf no cnq appcals abova, the information !c4ui!cd b complcrc lhi! cndorscocnr will bc ahown in thc Dcclarations as applicablc !o rhis cndolrcmcnl) S€clioD Itr - Who & A! Ilsuttd is &ncndcd ro includc as an 8dditional insurcd any sratc or govcmncnral agency orsubdivisioDor politi.al subdivision shown in thc Schcdulc, subjcct!o rhc followiIlg plovisioN: l. This iuurarcc applics only wiu lcspcct to opalarioni pcrformcd by you or on your bch!.lf fo! which tlc starc o! govctrunotal agcncy or subdivision or political suMivision has issucd a pamir"2. This insurarc! docs not.pply !o: a "Bodily injury", 'propcny damatc' or "pcrsonal and advqdsing injury" alising our of opeiations performcd for thc fodcrEl govcnmcn! sraE q municipality: orb. "Bodily injury" or "plopcny d.t[8gC includd *irhin lhc "producu.complercd opclations haz8rd". Covcragc for any additional hsurcd is govcra.d by 0rc tcrm!, conditions, .nd crcluiiotts of this policy .nd all cndorscmcnb, includinS thc Insulint Atrccmant, Thc covcr.gc providcd for rny addition.l hsulcd is only !o thr cxtcnt of and in thc proponioo rh€ additiood lrtsut€d is hcid liablc fo. thc ncgligcncc or srio liability/conducthcE of Ihc Narlcd Insurcd, No covcragc is providcd for liabilily bascd upor lhc acts. crrors or omissioN of&c Additional Insurcd. Erccpt as scr foflh abovc all of thc tcrms, conditions and crclusions of this policy apply 8od rcmain in effcct. Policy No.: GLS!STC00099602I Accidcnt Fund Gcn.aal Insuraacc Company Darq o90ln025 W%=- ffia#Timc:l2:01 ..m. GLSlSTC00o996o21 Pag€ 1 ol 1 200 Nonh Grand Avenue r Lansing, MI 48933-1288 TIISENDOBSEMENT CHANGES IIIE POLICY. PLEASE NEAD IT CANEFULLY. ACCTDENT FUND GENENAL INSURANE COXPANY COMMERCIAL GENESAL LIABILITY POLICY Thb crdorscmcnt modifics inrurucc providcd undcr thc followinS: COMMERCIAL GENERAL LIABILITY COVENAGE PART. Chy of Cupcnino, boards and commisions, officcrs, oflicids, agenu, a:ployccs, consuluns and roluotccrs. L).dr8ar.i l}ol.drl-ocalio! io rhich ihis epdorrcBllt ropli6: (If no cntry appcals abovc, thc information rcquircd to complctc this cndoBcmcnl will bc shown in tr€ DcclarErioDs ss applic8blc ro rhis cndorscmcnl) A. Sec{ioD III . Wto & A! I!.l|r.d is amcndrd ro includc as an addirional insured lhc pcrson(s) or orSEni?rtion(s) sho'rn h Uc Schcdulc, bur only wirh trspd ro liabiliry for "bodily injury,' "propcny damaSc" q "pc6onal and advcnfuing injury" causcd. in wholc or in pan, by: l. Your acts o[ omitsions; or2. Thc acB or omilsions of $os€ acring on your bchalf: iD lhc parrormaDce of your ollgoin8 opcrations pcrfomcd during lhc policy pcliod for Uc rddirional insurcd(s) at hc locatior(s) dcsignatcd abovc. B. This insurancc dors not apply lo "bodily injury" oa "propcny damagc" lhar trlcs placc aficr, ard rhc Additional Insurcd! status as an additional insurrd tdmilatcs, upon rhc carlicr of whcn: I . AII wodr, includinS material5, prrrs o[ cquipmcDtfursishcd by 0lc Nrmcd lnsurcd in conncction rrirh such wott, on thc projcct (olhs thall scwicq mlintcoElcc 6 rcpails) to bc pcdormcd by o! on bchslf of hc additional insurcd(s) at tlc locatiotl of 0lc covcEd opclaiolrs hr5 bc€n complcrcd: ot2. That ponion of )ou work" out of which thc injury or damagc ariscs has bccn pur [o irs inrcndcd urc by any p€rson or org8nization othcr than 8tlouq conractorcnga8cd in pcrforming opcratons for e Fincipsl rs pan of thc s8mc projccl C. If cxFcssly rc4uircd by a writtcn and lcgally cnforccsblc cooract c crcd into by thc Namcd lasulcd prior !o comtllcnccmcnr of work by ttr. Nsmcd Insurcd for thc AdditioMl lnsurcd. thc hsulaocc affordcd by Uc policy !o ttr Addidoflal Insurcd(s) listcd itl 0l€ Schcdulc f6 0E dcscribcd loc8tio!(s) is primary iosuraocr. Any othc( insurancc or sclf-insurancc maintaincd dhctly by lh. Additiooal Insurcd(s) is crccss of this inslrrlcc ard shall not connibutc to it Covcla8e fa ally additional insurcd is govcmcd by drc tcIms. cor,tidorls, snd cxclusioN of Ns policy ad ali endorscmcnts, includifl8 lhe lnsurilg AgrEcmcnt. Thc covcraSc providcd fo! any additional insulcd h only io dlc crtcnt of 8nd in rhc proponion lhc additional lnsut€d is hcld liablc fo! 6c ncgligoc. os suict liability,,cooducy'acB of dtc Namcd Insurcd. No covcragc is providcd fof [&ility bsscd upon Ulc a.r& cflors s omissions of tE Additionsl lnsurld. Excrp! as scr folth abovc, all of uc Erms. conditions s cxclusioE of lhis policy apply atd lEonh in cffcct. Policy No.: GLSISTCOO09%O2I Accidcnt Furd Gcrcral Insuraacc Company Darc: 0910112025 Timc; 12:01 a.m..ba s' c&;'ad nbbi-EIiffi rpot8csccrdaly- GLS|STC00@96021 P8O6 lol 1 Accident Fund General Insurance Company "nL c*--__ SGvc Coopcr, Prcsidcnt Accident Fund General Insurance Company 200 North Grand Avenue. Lansing, Il'll 48933-i288 THIS ENMRSEMENT CHANGES TTIE POLICY. PLEASE READ TT CAREFULLY. ACCIDENT FUND GENERAL NSURANCE COMPANY COMMERCIAL GENERAL LIABILITY POLICY ADDITIONAL LiiSURED- STATE OR FOLTTICAL SUBDIVISIONS - LICENSE This endo$cmcn! modifics insurancc providcd undd thc following: COMMERCIAL GENERAL LIABTLITY COVERAGE PART. State or Politicd Subdivisioa: City ofCupenino, boards and commissions, oflicers, officials, agents, employees, consullants and volunteers, (lf no cnq appca$ abovc. the informarion roquired to complerc this cndorscmcnt will bc shown in thc Dcclarations as applicablc to &is endorscmcnt.) Sectjon m - Who I5 As Insured is amcndcd to includc as a[ addidonal insurcd any statc or govcnlrDental aScncy or subdivision or political subdivisiol shown in thc Sch.dule, subjcct to the following provisions: I . This insurance applics only with respcct o opcrarions pcdormcd by you o! on your bchall for which the state or govcrDmcntal agcncy or suMivision or political subdivision has issued a pcrmit. 2. This insurancc docs not apply to: a. "Bodily injury", "plopcny damagc" or "pclsonal and advenising injury" adsinS out of opclationsp.rfohed for thc fedcral govctnmcnr. sktc or municipalilyi o! b. "Bodily injury" or "propcrty damage" includcd within the "ptoducts-complctcd opcrations hazard". Coveragc fq any additional insurcd is govemcd by the terms, conditions. aod exclusiors of this policy ard all cndorscmcnts, includinS rhc Insuring Agrcemcnt. Thc cov.ragc providcd for any additional insurcd is only to thc extcnt of and in thc proponio[ thc additional Insurcd is hcld liablc for rhc ncSligencc or strict liabiliry/conducy'acb of lhc Namcd Insured. No covcragc is providcd for liability bascd upon thc acts, errors oromissions of thc Additiooal Insurcd. Exccpt as ser fonh abovc, all of thc terms, conditions and cxclusions of this policy apply and rcmain in effcct. Policy No.: CLSISTC00099602I Accidcnt Fund Gencral Insurancc CornPaoy Date:og/c]n025 '&Q*-- Stevc Coopcr, Prcsidcnt ./>lt. .t e@-.cU- sot bi-Itrffolpo rate scc ry Timer I2:01 a.m. oLsrsrc00996021 Pageldl Accident Fund General Insurance Company 20O North Grand Avenue r Lansing, MI 48933- 1288 THIS FNDORSFVFNT CHAIIGFS TIS POLICY. PLEASE READ IT EAREETJLTy. ACCIDENT FUND GENERAL E!'ISURANCE CO}IPANY COMMERCIAL CENERAL LIABILITY POLICY This cndorscmcnr modifies insurance providcd under thc following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Additiooal Insured: CiIy of Cupcnino, boards and commissions, officcrs, officials, agents, cmployces, consultarts and voluntccrs Dcsieprtarl Eroiecr./I odtiotr ro which this e-dorsrp.ot ,ggli..: (lf no cntry appcaB abovc, thc information r.quired !o complet. this cndorsemcrt will be shown in thc Dcclaradons as applicable to lhis cndorsemcnt.) Sectioo III . Wbo ls A! lDsured is amended to include as an additional insured thc pcrson(s) or organization(s) shown i. th. Schedulc. bur only wirh respecr to liability for "bodily injury," "prop€rty damage" or "personal and advenising injury" caused, in whole or in par! by: l. Thc Named lnsurcds acrs or omissions: or 2. The acrs or omissions of those actin8 on thc Named lnsured's behalf in lhe performancr of"your work" for thc additional insurcd(s) at lhc location(s) dcsignatcd abovc. Covcragc for any addirional insur.d is govemcd by the terms, conditions, and exclusions of this policy and all cndorscments. including $c Insuring Agrcement. The covcragc provided tor ary additional insurcd is only (o tie extent of and in the proponion the addtional lnsurcd is hcld liable for fie ncgligence or strict liabiliry/conducy'acts of$e Named lnsurcd. No coverage is provided for liability ba5ed upon the acts, errors or omissions oftie Addidonal Insured. Accidcnt Fund Gencral lnsurancc ComparyPolicy No.: GLS[STC00099602t Dare: 09r'0V2025 Timc: 12:01 a.m. By1 M) e&;o6 Sobbl fuid-.torpo rztc Sccrc{rry GLSrSTC000996021 Page 1 ol 1 Accident Fund General Insurance Company 200 North Grand Avenue• Lansing, MI 48933-1288 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCIDENT FUND GENERAL L'iSURA�CE COMPANY COMMERCIAL GENERAL LIABILITY POLICY ADDITIONAL INSURED-OWNERS. LESSEES OR CONTRACTORS SCHEDULED PERSON ORGANIZATION ONGOING OPERATIONS ONLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Additional Insured: City of Cupertino, boards and commissions, officers, officials, agents, employees, consultants and volunteers. PrsirMWi l!r0icct/Locatjoo to which this cudorscmsgt appljgs; (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.Section III -Who ls Au Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect 10 liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: !. Your acts or omissions; or 2.The acts a omissions of those acting on your behalf; in the performance of your ongoing operations performed during the policy period for the additional insured(s) at the location(s) designated above. B.This insurance does not apply to "bodily injury" or "property damage" that takes place after, and the Additional lnsured's sta1us as an additional insured hereunder terminates, upon the earlier of: l.All work, including materials, parts or equipment furnished by the Named Insured in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed: or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor eng�ged in performing operations for a principal as part of the same project. Coverage for any additional insured is governed by the terms, conditions, and exclusions of this policy and all endorsements, including the Insuring Agreement. The coverage provided for any additional insured is only to the extent of and in the proportion the additional Insured is held liable for the negligence or strict liability/conduct/acts of the Named Insured. No coverage is provided for liability based upon the aas, errors or omissions of the Additional Insured. Except as set forth above, all of the terms, conditions and exclusions of this policy apply and remain in effect. Policy No.: GLSISTC000996021 Date: Time: 09/01/2025 12:01 a.m. G-LSISTC000996021 Accident Fund General Insurance Company By: :.Rrk.C� Srexc Cooper Prcsidcor-(� . [,� e-Olih!fil�orporate Secretary Page 1 o11 Accident Fund General Insurance Company 200 North Grand Avenue • Lansing, MI 48933-1288 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REAP II CAREFJJI.I.Y ACCIDEST FUND GENERAL INSURANCE COMPANY COMMERCIAL GESERAL LIABILITY POLICY ADDITIONAL INSURED-OWSERS, LESSEES OR CONTRACTORS -SCHEDJU ED PERS{l:S QR ORGASIZATIOS I!liCLUDISG WAIVER OF SUBROGATIOS This endorsement modifies insurance provided under the following: COMMERCIAL GESERAL LIABil..lTY COVERAGE PART. Same of Additional Insured: City of Cupertino, boards and commissions, officers, officials, agents, employees, consultants and volunteers. Designated Project/Loation to which this endorsement applies: (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.Sec tion Ill -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the 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 your ongoing operations performed during the policy period for the additional insured(s) at the location(s) designated above. B.This insurance does not apply to "bodily injury" or "property damage" that takes place after, and the Additional Insured's status as an additional insured terminates, upon the earlier of when: 1.All work, including materials, parts or equipment furnished by the Named Insured in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor engaged in performing operations for a principal as part of the same project. C.If expressly required by a written and legally enforceable contract entered into by the Named Insured prior to commencement of work by the Named Insured for the Additional Insured, then we waive any right of subrogation we may have against an entity that is an Additional Insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" performed under such written and legally enforceable contract with that Additional Insured. Coverage for any additional insured is governed by the terms, conditions, and exclusions of this policy and all endorsements, including the Insuring Agreement. The coverage provided for any additional insured is only to the extent of and in the proportion the additional Insured is held liable for the negligence or strict liability/conduct/acts of the Named Insured. No coverage is provided for liability based upon the acts, errors or omissions of the Additional Insured. Except as set forth above, all of the terms, conditions and exclusions of this policy apply and remain in effect. Policy No.: GLSISTC00099602 l Accident Fund General Insurance Company Date: Time: 09/01/2025 12:01 a.m. By: � C00r::-_ Steve Cooper, President GLSISTC000996021 Page 1 of 1 Policy # GLSISTC00099602 I rHS EITOORSEII€NT CHANCES TXE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATIOITI BY US - CERTIFICATE HOLDER(S) Thrs n dcsGtrrnl f'rodifioc itslfnncE p@virsd ua'tdar tha tirlowing City of Cupertino, Board and Commisslons, officers, fficlals, agents, employees, consultants and volunteerc. General Liability coverage applies on a Primary and Non-Contributory basis. Notice of Cancellation Prwision in place - ln Favor of the Certificate Holder for General tiability - Auto Pollcy - Workerc Compensation lnsurance. S.cfion IIll. Col{Ullol{s. a C.rlcslLoon [ lmcrrbd by th. adfiUl c, tlo tollo rR: f *6 carlfr€l ! ma roacf b.ta rbe rfaDdr tFn 0f nd. u *ll,ial Il dayt [t!it mn (10 d.yt ld non.pa!,rfl.e 0, mmi,m) b h. C.rttfu.E r{do(r) hfcatod h lh. SCTCOILE abr,t AII OT',ER TERT{S AND COI{OI'IOilS G II+ FOLICY REMITT WC|rA'{GEO. SCHEDUll cgdirLg*ttoldo(r)i .--j I l POLICY NUMBER: GLSISTC000995022 COMMERCIAL AUTO CA 20 4810 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Alvernaz Construction Endorsement Effective Date: 09/01/2025 SCHEDULE Name Of Person{s) Or Organization{s): City of Cupertino, boards and commissions, officers, officials, agents, employees, consultants and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section 11. -Covered Autos Liability Coverage in the Business Auto and Motor carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. Change effective 09/01/2025 CA 20481013 Accident Fund General Insurance Company © Insurance Services Office, Inc., 2025 Page 1 of 1 POLICY NUMBER: GLSlSTC000995022 COMMERCIAL AUTO cA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLrcY, PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modiries insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsemBnt, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other lnsurance Condition in the Business Auto Coverage Form and the Other lnsurance - Primary And Excess lnsulance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" undBr your policy provided that: 1. Such "insured" is a Named lnsured under such other insurance; and 2, You have agrsed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". Change eff6ctive 09101 12025 ca20€1013 Accidenl Fund Geieaal lnsurance Company B. The following is added to the Other lnsuranie Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contrlbutlon from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named lnsured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any othsr insurance available to such "insured'. O lnsurance Services Office, lnc., 2024 Page 1 of 'l Policy # GLSISTC000 995022 COMMERCIALAUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BI-ANKET WAIVER OF SUBROGATION. This endorsement modifies lnsurance provided underthe fullorlng: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM rsquhod of you by a written conmd oxscuted prior to any'accidenf or'loss', provided ttat the 'aoddenf or loss' atses out of the operations contemplated by sudr contad. The walver ap Cies only to ha penon or organlzaton de$- nated ln sudr contact. The following replaces Paragraph A.5., Transfar of Rlghts of fLcorrcry Against O0tort To Us, of the COI{ DlTlOl{S Sec'tion: 5. Tnnsier Of Rlghb oi Rccovcry Agahrt Ottr. crrTo Us We waive any rlght of reovery we may have against any poson or organizaton to he exhrt cATS 10 02 ts hdurrecoopyrtghbr,**f.ff.3,fl,SE"H$Stno.. lm.lhlbecmlrabn. Pa€p 1 of 1 Policy # GLS|STC000995022 IXIS ENOORSETIETT CHANGES THE POLICY, PLEASE READ tT CAREFULLY. NOTICE OF CANCELISTION BY US - CERTIFICATE HOLDER(S) Ihii li.ldsscrrrtll riodifics hsurenoo ploYird utdat tha blqxialg city of cupertino, Board and Commissions, officers, Officials, agents, employees, consultants and voluntee6, General Liability coverage applies on a Primary and Non-Contributbry basis. Notice of Cancellation Provision in place - ln Favor of the Certificate Holder for General Liability - Auto Policy - Workerc Compensation lnsurance. S.ctirr XItl. COtttXrlOltS. ( C.I!C lldon E lrflcnO.O by Ur adilul cl ,lo foloring: [*a canf,xl r ltr roasr!.lq ?be rFlldr dria ttrd.m rill mil Sdryt tin.rrEE(l0drytb non.pa)rrEQ .lI mcri m) b lh. Ccttrnr xtdrb(r) ixlcrld h !h. SCtCt t LE rDol,!. scHEoul.E ert]il19-IeEg!E*_ --.-] AI OftR TERIIS AnD ColtlDlrlol{S G T}tE FCILICY REMAT! WCftANG€q Building Construction Services Final Audit Report 2026-01-27 Created:2026-01-27 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAeKc5R6NgG8Z9nkGFj8ytj7QZwNHRWdez "Building Construction Services" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-01-27 - 7:06:10 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2026-01-27 - 7:16:40 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2026-01-27 - 7:22:30 PM GMT- IP address: 54.237.111.37 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2026-01-27 - 7:40:45 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to michael alvernaz (michaelalvernaz@alvernazconstruction.com) for signature 2026-01-27 - 7:40:49 PM GMT Email viewed by michael alvernaz (michaelalvernaz@alvernazconstruction.com) 2026-01-27 - 7:41:18 PM GMT- IP address: 108.147.84.27 Document e-signed by michael alvernaz (michaelalvernaz@alvernazconstruction.com) Signature Date: 2026-01-27 - 8:05:50 PM GMT - Time Source: server- IP address: 108.147.84.27 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2026-01-27 - 8:05:55 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2026-01-27 - 8:06:05 PM GMT- IP address: 54.157.160.181 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2026-01-27 - 8:09:14 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2026-01-27 - 8:09:18 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2026-01-27 - 8:09:43 PM GMT- IP address: 13.218.181.103 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2026-01-27 - 9:52:09 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Lauren Sapudar (laurens@cupertino.org) for signature 2026-01-27 - 9:52:14 PM GMT Email viewed by Lauren Sapudar (laurens@cupertino.org) 2026-01-27 - 9:52:23 PM GMT- IP address: 100.27.244.242 Document e-signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-01-27 - 10:41:23 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2026-01-27 - 10:41:23 PM GMT