HomeMy WebLinkAbout25-174 Tucker Construction_Amendment #1 dated 7-22-26 for On-Call Abatement Services1
FIRST AMENDMENT TO AGREEMENT 1180 BETWEEN THE
CITY OF CUPERTINO AND TUCKER CONSTRUCTION, INC
FOR ON-CALL ABATEMENT SERVICES
This First Amendment to Agreement 1180 is by and between the City of Cupertino, a
municipal corporation (hereinafter "City") and Tucker Construction, Inc., a Corporation
(“Contractor”) whose address is 1725-D Little Orchard St., San Jose, CA 95125, and is made with
reference to the following:
RECITALS
A. On October 09, 2025, Agreement 1180 (“Agreement”) was entered into by and between
City and Contractor for On-Call Abatement Services.
B. City and Contractor desire to modify the Agreement on the terms and conditions set forth
herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Paragraph 3 of the Agreement is modified to read as follows:
3. TIME OF PERFORMANCE:
3.1 Term. This Agreement begins on the Effective Date and ends on September 30, 2026
(“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate
department head or the City Manager may extend the Contract Time through a written
amendment to this Agreement, 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 deliver the Services within the time specified
in each Service Order, and under no circumstances should the Services go beyond the Contract
Time.
3.3 Time is of the essence for the performance of all the Services required in this Agreement
and in each Service Order. Contractor must have sufficient time, resources, and qualified staff
to deliver the Services on time. Contractor must respond promptly to each Service Order
request.
2. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
2
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement
to be executed.
CITY OF CUPERTINO
By
Title
Date
APPROVED AS TO FORM
Senior Assistant City Attorney
ATTEST:
City Clerk
Date
TUCKER CONSTRUCTION, INC
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base 2026-332 $20,000.00
1st Amendment 2026-332 $0.00
Total $20,000.00
Mark Tucker
President
06/30/2026
Michael K Woo
Luke T Connolly
Asst Director Community Development
07/22/2026
Lauren Sapudar
07/22/2026
POLICY NUMBERPOLICYPERIOD
(o1a025te)
DO NOT PAY PREMIUMS SHOWN ON THIS PAGE.IF AN AMOUNT IS DUE,THEN A SEPARATE STATEMENT IS ENCLOSE D.YEAR MAKE MODEL BODY STYLE VEHICLE ID.NUMBER CLASS
I1SX0N
510 7623-F30-05BTUCKERCONSTRUCTIONINC1725LITTLEORCHARDSTSTEDSANJOSECA95125-1053 DEC 30 2025 to JUN 30 2026VOL122057470217268-3-A
DICK ALESCH164NBASCOM AVE STE ASANJOSE,CA 95128-1867(408)918-0877
MUTLA0002250058
09848/03286
________________________________
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MATCH 0022500225 A901E
CONTINUED
PAGE 1 OF 2
STATE FARM PAYMENT PLAN NUMBERNAMEDINSURED
AGENT
R
PHONE:
See Reverse Side
05-2127-3 A DECLARATIONS PAGE12:01 A.M.Standard Time
YOUR CAR
State Farm Mutual Automobile Insurance Company PO Box 2368 Bloomington IL 61702-2368
1999 FORD CLUB WAGON 1FBSS31L1XHA14809VAN 100FCV10 SYMBOLS COVERAGE &LIMITS PREMIUMS A $863.04LiabilityCoverage Limit-Each Accident $2,000,000 C $33.29MedicalPaymentsCoverage Limit -Each Person $25,000 D $42.66ComprehensiveCoverage-$250 Deductible G $125.75CollisionCoverage-$1,000 Deductible H $6.14EmergencyRoadServiceCoverage U $176.41UninsuredMotorVehicleCoverage Bodily Injury Limits Each Person,Each Accident $1,000,000 $1,000,000 U1 $11.26UninsuredMotorVehiclePropertyDamageCoverage $1,258.55 Total premium for DEC 30 2025 to JUN 30 2026. IMPORTANT MESSAGES IMPORTANT NOTICE For your protection California law requires the following to appear with this policy:Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. Replaced policy number 5107623-05A. Notice of insurance information collection practices -personal,family,or household insurance transactions: We may collect customer information from persons other than the individual or individuals applying for coverage.Such customer information as well as other personal or privileged information subsequently collected may,in certain circumstances,be disclosed to third parties without your authorization as permitted by law. You have the right to submit a written request to access,correct,amend,or delete your personal information and the right to receive a response within 30 days of submitting your request.If we deny your request,you have the right to file a statement with us containing the information you feel is accurate and fair along with the reasons you disagree with our denial.Instructions on how to file such request and our full privacy notice can be found www.statefarm.com/customer-care/privacy-security/privacy or contact your State Farm Agent.
155-3866 CA.2 05-2002 (o1a025fc)
B10
POLICY NUMBERPOLICYPERIOD
(o1a025vd)Telephone:Prepared(o1a0254c)I3SX0
510 7623-F30-05BTUCKERCONSTRUCTIONINC1725LITTLEORCHARDSTSTEDSANJOSECA95125-1053 DEC 30 2025 to JUN 30 2026VOL1220574702
DEC 30 2025
17268-3-A
DICK ALESCH(408)918-0877
MUTLA0002250058
09849/03286
________________
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MATCH 0022500225 A901EPAGE2OF2
STATE FARM PAYMENT PLAN NUMBERNAMEDINSURED
Agent:
R
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05-2127-3 A DECLARATIONS PAGE12:01 A.M.Standard Time State Farm Mutual Automobile Insurance Company PO Box 2368 Bloomington IL 61702-2368
EXCEPTIONS,POLICY BOOKLET &ENDORSEMENTS (See policy booklet &individual endorsements for coverage details.) YOUR POLICY CONSISTS OF THIS DECLARATIONS PAGE,THE POLICY BOOKLET - FORM 9805B,AND ANY ENDORSEMENTS THAT APPLY,INCLUDING THOSE ISSUED TO YOU WITH ANY SUBSEQUENT RENEWAL NOTICE. CREDITOR-CITY OF MILPITAS PLANNING &,455 E CALAVERAS BLVD,MILPITAS CA 95035-5411. 01 6028BU ADDITIONAL INSURED-30 DAYS-CITY OF SANTA CLARA,C/O INSURANCE DATA SERVICES INSURANCE COMPLANCE PO BOX 100085,DULUTH GA 30096-9302. 02 6028BU ADDITIONAL INSURED-CITY OF LOS ALTOS,1 N SAN ANTONIO RD,LOS ALTOS CA 94022-3000. 03 6028BU ADDITIONAL INSURED-TUCKER CONSTRUCTION,CITY OF CUPERTINO,10300 TORRE AVE,CUPERTINO CA 95014-3202. 04 6028BU ADDITIONAL INSURED-CITY OF MORGAN HILL ATTN:RISK MANAGEMENT, 17575 PEAK AVE,MORGAN HILL CA 95037-4128. 05 6028BU ADDITIONAL INSURED-30 DAYS-CITY OF MILPITAS,455 E CALAVERAS BLVD, MILPITAS CA 95035-5411. 06 6028BU ADDITIONAL INSURED-30 DAYS-CITY OF CUPERTINO,10300 TORRE AVE, CUPERTINO CA 95014-3255. 07 6028BU ADDITIONAL INSURED-TOWN OF LOS GATOS,110 E MAIN ST,LOS GATOS CA 95030-6945. 08 6028BU ADDITIONAL INSURED-JP MORGAN WEALTH MGMT 1ST REP NOW PART OF JP MORGAN CHASE,1230 AVENUE OF THE AMERICAS,NEW YORK NY 10020-1513. 09 6028BU ADDITIONAL INSURED-SANTA CLARA VALLEY TRANSPORTATIO AUTHORITY, 3331 N 1ST ST BLDG 3,SAN JOSE CA 95134-1906. 10 6028BU ADDITIONAL INSURED-WEST VALLEY CONSTRUCTION,603 CAMPBELL TECHNOLOGY PKWY,CAMPBELL CA 95008-5059. 11 6028BU ADDITIONAL INSURED-CITY OF SARATOGA,13777 FRUITVALE AVE, SARATOGA CA 95070-5151. 12 6028BU ADDITIONAL INSURED-MARY AVENUE RETAIL LP PAUL HOLDINGS INCDBA JAY PAUL COMPANY,1080 ENTERPRISE WAY,SUNNYVALE CA 94089-1411. 6030GF BUSINESS NAMED INSURED. 6125A AMENDATORY ENDORSEMENT. 6126MD EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING. 6129J AMENDATORY ENDORSEMENT. 6289DW SINGLE LIMIT LIABILITY COVERAGE. ORIGINAL COST OF CUSTOMIZATION NONE OR UP TO $1000. 6196AA WAIVER OF SUBROGATION UNDER LIABILITY COVERAGE FOR CITY OF SANTA CLARA;CITY OF CUPERTINO;CITY OF MILPITAS;TOWN OF LOS GATOS;JP MORGAN WEALTHMGMT 1ST REP NOW PART OF JP MORGAN CHASE;SANTA CLARA VALLEY TRANSPORTATION AUTHORITY;WEST VALLEY CONSTRUCTION;CITY OF MORGAN HILL.
155-3866 CA.2 05-2002 (o1a025fc)
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Insurance Requirements for Professional/Specialized Services Agreement
1
Version: May 2025
Contractor shall procure prior to commencement of Services and maintain for the duration of the contract, 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): with coverage at least as broad as Insurance Services Office (“ISO”) Form
CG 00 01, with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000
products and completed operations aggregate. 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 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
the most recent edition of 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 Number CA 00 01 (or equivalent) covering
any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned autos (Code 9),
with limits no less than $1,000,000 each accident for bodily injury and property damage.
Not required. Consultant shall be fully remote and not use automobiles to provide the service.
In the event Consultant uses an automobile or automobiles in the operation of its business to provide
services under this Agreement, the Consultant shall, prior to such use, provide the City with
evidence of Business Automobile Liability insurance coverage in the amount required under this
Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Consultant does not
own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with
a Certificate of Insurance, along with an additional insured endorsement in favor of the City,
primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and
endorsement under the policy prior to the use of any automobile.
Consultant has provided written confirmation that it does not own any autos. Consultant shall
provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non-
Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile
Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or
automobiles in the operation of its business to provide services under this Agreement, the
EXHIBIT C
Insurance Requirements
Professional/Specialized Services Agreement
Insurance Requirements for Professional/Specialized Services Agreement
2
Version: May 2025
Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability
insurance coverage in the amount required under this Section 2 for owned, non-owned and hired
autos (any auto-Symbol 1).
In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this
Agreement and provide the City with evidence (including the policy Declarations Page) of personal
automobile insurance coverage in accordance with the laws of the State of California. As available
under the policy, evidence shall be provided with the Certificate of Insurance, along with an
additional insured endorsement in favor of the City, primary and non-contributory coverage and
endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is
required prior to commencement of services.
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.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to
Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If written on a claims-made basis form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the Services.
OTHER INSURANCE PROVISIONS
The aforementioned insurance policies shall contain, be endorsed and have the following conditions and
provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional
Insureds”) are to be covered and endorsed as additional insureds on Contractor’s CGL and automobile liability
policies. General Liability coverage shall be in the form of an endorsement to Contractor’s insurance (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 forms, if a later edition is used.
Primary and Non-Contributory Coverage
Except for Workers’ Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed
primary with coverage at least as broad as the most recent edition of ISO CG 20 01 as respects the City, its
officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, agents, and volunteers shall be excess of Contractor’s insurance and shall not
contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. 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.
Waiver of Subrogation
Contractor waives any right to subrogation against City/Additional Insureds for recovery of damages to the
Insurance Requirements for Professional/Specialized Services Agreement
3
Version: May 2025
extent said losses are covered by the insurance policies required herein. Specifically, the General Liability,
Automobile Liability and Workers’ Compensation 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.
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 Contractor 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.
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 of Insurance including all required amendatory
endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the
Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City prior to
commencing the Services. However, failure to obtain the required documents prior to the work beginning shall
not waive Contractor’s obligation to provide them. City retains 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 required 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 Contractor 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 Contractor.
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.
Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City
reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer,
coverage or other special circumstances.
On-Call Abatement Services
Final Audit Report 2026-07-22
Created:2026-06-30
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAIl8lzyYPo6H5ZOXnTUBUzUQv2LnTIxE4
"On-Call Abatement Services" History
Document created by Webmaster Admin (webmaster@cupertino.org)
2026-06-30 - 0:03:29 AM GMT- IP address: 35.229.54.2
Document emailed to aracelia@cupertino.org for approval
2026-06-30 - 0:05:59 AM GMT
Email viewed by aracelia@cupertino.org
2026-06-30 - 0:06:49 AM GMT- IP address: 54.237.104.4
Signer aracelia@cupertino.org entered name at signing as Araceli Alejandre
2026-06-30 - 1:46:30 AM GMT- IP address: 71.202.76.156
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2026-06-30 - 1:46:32 AM GMT - Time Source: server- IP address: 71.202.76.156
Document emailed to tucker@tuckercon.com for signature
2026-06-30 - 1:46:36 AM GMT
Email viewed by tucker@tuckercon.com
2026-06-30 - 2:15:26 PM GMT- IP address: 174.160.52.38
Signer tucker@tuckercon.com entered name at signing as Mark Tucker
2026-06-30 - 2:21:35 PM GMT- IP address: 174.160.52.38
Document e-signed by Mark Tucker (tucker@tuckercon.com)
Signature Date: 2026-06-30 - 2:21:37 PM GMT - Time Source: server- IP address: 174.160.52.38 - Signature Appearance Selected: TYPE
Document emailed to michaelw@cupertino.org for signature
2026-06-30 - 2:21:41 PM GMT
Email viewed by michaelw@cupertino.org
2026-06-30 - 2:21:48 PM GMT- IP address: 44.201.47.107
Signer michaelw@cupertino.org entered name at signing as Michael K Woo
2026-06-30 - 5:43:46 PM GMT- IP address: 64.165.34.3
Document e-signed by Michael K Woo (michaelw@cupertino.org)
Signature Date: 2026-06-30 - 5:43:48 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE
Document emailed to lukec@cupertino.org for signature
2026-06-30 - 5:43:52 PM GMT
Email viewed by lukec@cupertino.org
2026-06-30 - 5:43:59 PM GMT- IP address: 54.197.36.13
Email viewed by lukec@cupertino.org
2026-07-22 - 3:49:35 PM GMT- IP address: 13.218.214.255
Signer lukec@cupertino.org entered name at signing as Luke T Connolly
2026-07-22 - 4:19:27 PM GMT- IP address: 73.63.184.35
Document e-signed by Luke T Connolly (lukec@cupertino.org)
Signature Date: 2026-07-22 - 4:19:29 PM GMT - Time Source: server- IP address: 73.63.184.35 - Signature Appearance Selected: TYPE
Document emailed to laurens@cupertino.org for signature
2026-07-22 - 4:19:33 PM GMT
Email viewed by laurens@cupertino.org
2026-07-22 - 4:19:41 PM GMT- IP address: 3.237.46.222
Signer laurens@cupertino.org entered name at signing as Lauren Sapudar
2026-07-22 - 4:25:30 PM GMT- IP address: 69.149.42.28
Document e-signed by Lauren Sapudar (laurens@cupertino.org)
Signature Date: 2026-07-22 - 4:25:32 PM GMT - Time Source: server- IP address: 69.149.42.28 - Signature Appearance Selected: TYPE
Agreement completed.
2026-07-22 - 4:25:32 PM GMT