23-041 On-Call PW MA Contract, Alvernaz Construction for Concrete Repair & Replacement for Various City ProjectsConcrete Repair and Replacement for Various City Projects
On-Call Public Works Contract/ July 2022
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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 Concrete Repair and Replacement for Various City Projects , 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, 2025 (“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.
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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 $60,000.00 (“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-General Building , 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.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Contract and any similar federal or state taxes. Contractor
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and any of its employees, agents, and subcontractors shall not have any claim under this Contract
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. Should
any court, arbitrator, or administrative authority, including but not limited to the California Public
Employees Retirement System (PERS), the Internal Revenue Service or the State Employment
Development Division, determine that Contractor, or any of its employees, agents, or
subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts
payable under this Contract, or to promptly remit to City any payments due by the City as a result
of such determination, so that the City’s total expenses under this Contract are not greater than they
would have been had the determination not been made.
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.
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.
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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:
(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.
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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 limit ed 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 p erforming the Work, as
required by the Immigration Reform and Control Act.
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
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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
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.”
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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 C ity
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
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 -
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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 t he
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;
(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;
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(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 Brian Gathers 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
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.
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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.
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.
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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: Brian Gathers
Email: briang@cupertino.org
To Contractor:
Alvernaz Construction
PO Box 366
San Martin, CA 95046
Attention: Michael Alvernaz
Email: michaelalvernaz@alvernazconstruction.com
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.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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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:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Michael Alvernaz
Michael Alvernaz
Owner
May 30, 2023
Christopher D. Jensen
Jimmy Tan
Assistant Director of Public Works
May 30, 2023
May 30, 2023
Alvernaz Construction
P.O. Box 366
San Martin, CA. 95046
State License #711435
(408)595-2817
michaelalvernaz@alvernazconstruction.com
Rate Sheet for City of Cupertino:
Hourly Rate: $ 135.00 per hour
Overtime Rate: $ 225.00 per hour
Emergency Rate: $ 325.00 per hour
Thank you,
Michael Alvernaz
Exhibit A
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.
MA Date:Master Agreement Contract #:
Maximum Compensation:
Consultant:Firm Name:
Address:
Contact: 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 :
SO Acc't #:PO #:
Project #:Date:
Approvals Signatures:
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:
Encumbrance this Service Order:
MA End Date:
Consultant/
Contractor
Manager/
Supervisor:
Management Analyst
Master Agreement Maximum Compensation:
Master Agreement Unencumbered Balance:
Total Previously Encumbered to Date:
City of Cupertino Master Agreement Service Order 191002
Exhibit B
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Choose
Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 1
Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of
the Project, insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or
subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an
“occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability
arising from Contractor’s or Subcontractor’s acts or omissions, including Contractor’s protected coverage,
blanket contractual, products and completed operations, vehicle coverage and employer’s non-ownership liability
coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all
liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG
25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
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 (1) the minimum coverage/limits specified in this agreement; or (2) the broader
coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Contractor's policy shall be "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 10 04 13
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
insurance, provided each policy 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 before the City’s own insurance or self-insurance shall be called upon to
protect City as a named insured.
2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then
hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per 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 per accident for bodily injury or 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.
☐ N/A if box checked (Contractor provides written verification it has no employees).
4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000
aggregate.
☒ N/A if box checked (Contract is not design/build)..
5. Builder’s Risk. 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.
ON-CALL PUBLIC WORKS CONSTRUCTION CONTRACTS
Insurance Requirements: Exhibit C
Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 2
☒ N/A if box checked (Project does not involve construction or improvements/installations to property).
6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits
no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
☒ N/A if box checked (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.
Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either:
(1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers,
officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City
guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy
language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named
insured or the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered
as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services
performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL
coverage shall be 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 Coverage
For any claims related to this Project, Contractor’s insurance coverage shall be “primary and non-contributory” and
at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall
not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess
Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a “primary and non-contributory” basis for the benefit of City.
Notice of Cancellation
Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each
certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled
or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums,
in which case ten 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.
Builder’s Risk
Contractor may submit 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 Builder’s Risk 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
Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 3
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.
Waiver of Subrogation
Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation
it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire
from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of
subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Acceptability of Insurers
Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each
insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable
insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received
and approved by the City before work commences. 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.
Surety Bonds
As required by 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.
1325217.1
THI3 CER'IFICA'E 13 ISSUED AS A NATTER OF IXfORXA?IOII OI{LY AXD COXFER3 XO RIOHTS UPOI' THE CERNFICATE I{OI.OER. IHIS
CERTIFICATE OO€5 XOT AFFIR ATIVELY G I{E6ATIVEl.Y AIE]{O. EITEI{D OR ALTER
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COVERAGE AFFOROED BY THE POI-rcleS
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Attn: B.i.n Grt !.rt
st{oulo aiiY c THE ltovE oEtctllcD }oLrctES !a catcErlEo tErotrrHE EIPIR TIOi
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REVEO XUXBER
THIS I3 IO CERTTFY THAT IHE POLICI€S OF IiISUR XC€ LISTEO AELOW HAVE EEEN ISSUEO TO TTIE IIISUREO NATIEO ABOVE FOR TX€ PO{.ICY PERIq)
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€XCLU$OTS AND COi{DIIIO'{S OF SUCH PO-ICI€s UllITt SHo|VN II Y HAIG B€EN RETXJCED 6Y PAID CIA'rrIi
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S.nt Clrr., CA 95050
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE GONDITION
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other lnsurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory lnsurance
This insurance is primary to and will not seek
contribution 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 insurancei and
COMMERCIAL GENERAL LIABILIry
GLSlSTC000996021
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
72$l
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@ lnsurance Services Office, lnc.,2012 Page 1 of 1
L4
AFGIC AIE GL OO1 318
Policy Number: GLSISTC000996021
Add*ionarnsureds: City of Cupertino, and commissions, officers, officials,
agents, employees, consultants and volunteers
Policy Number: GLSlSTC000996023
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following.
BUSINESS AUTO COVERAGE FORM
Wath respect to coverage provided by this endorsement, the provisions of the Coverage Form
apply unless modifed by the endorsement.
This endorsement is effective on the inception date of the policy
SECTION ll - LIABILITY COVERAGE 1. WHO lS AN INSURED is amended to include as
an "insured" the person(s) or organization(s) named in the Schedule below, but only with respect
to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded
under this policy. You are authorized to act for the additional insured named in the Schedule in
all matters pertaining to this insurance.
SCITEDU].E
All other terms and conditions of this Policy remain unchanged.
Page 1 of 'l
{L lu
AFGIC APE OO OI 3I8
6 ?,L
?4
Accident Fund General Insurance Company
2m Nonh Grand Avcnuc . L:nsing, MI 48933- I 288
THIS ENMRSEMENT CHANGES TTIE ROLICY. PLEASE NEAD TT CAREFULLY,
ACCIDE\T FUND GENENAL NSLTANCE COMPANY
COMMENCIAL GENENAL LIABILITY FOLICY
ADDITIONAL L\TSUTED. STATE OI' POLTTICAL SUADTVISIONS - LICENSF
This codorscmcnt modifi?s insurulcc providcd undcr thc following:
CO}tr\TENChL GENENAL LIABILITY COVEN^GE PANT.
Sbte or Po$tlcd SubdlvEon:
City of Cupcnino, boards and commissions, officcn, offrcials, agcns, employccs, consultants and
voluntcers.
(tf no roEy rppcrrs rbovc. fic ilrformrtion rrquircd o complctc thir cndorrcmcnt will bc $own in thc Dachdiont rs
applicrblc ro dli! cndorrcmqrl.)
Sccdor m - vyho lt Aa llror.d it .ItEodcd b includc I ul ddiriond iorurld lny rut! or tovc(fittrcntd .lcocy
c subdivirion r politicd ruMiviriofl tbo*r in thc Schcduh, subjc{t to tlE follovillt proviriolr:
t. This iNurrncc rpplica only *ith rrtpoct to opcrdiollr pgforncd by you q on yqrr bchrlf for
vhich thc 3]rL or tovcmnrcntrl rtcncy or rubdivilion ( politic.l subdivision hrs i$uad . pqmit.
2. Thir insurucc docs not rpply o:
& "Bodily injwy', 'proprrty drm8c" or "pcriord Id dvrrri$t hjury' rilint orr of
opcrltiotls pcrformcd for thc ftdcnl Sovcrnncsl ststc q mur cipality; or
b. "Bodily injury" s'prcpcrty d&rrtc" iocludcd eithio thc "producu-complctcd
opcrrdoos hrzltd" .
Covcngc for rny rddiaiood ioruFd ir 8ovlnrcd by thc trrmr, corditions, &d crcluiqrt of lhit policy ud dl
cndorsrEots, ircludint tIE l$uring Agrlcmsrt.
Thc covcngc providcd for .ny dditiond inrurcd is only to tlE crtrrll of.nd in thc proponion thc rdditionrl lnsurcd
i. h.H lirblc for tlE ncgligcacc r rcia lirbility/cooducl/rcrt of lhc Nrred lasutrd. No covc[8c ir providcd for
lirbility brrcd upon thc &tr. crron or omi$iont of thc Additiond Insurcd.
Erccpr rt acr fonb .bovc, dl of tlE tcrm1 conditiqu ud crclurions of lhi5 policy rpply ud Gmrin iD Gffccr-
Policy No.: GLSISTC000996O2I Accidcnt Fund Gcncnl tn$rmcs Compuy
DaE tuo8t2022
W,%=-l*b; A €.&;Dd
noUUi gtti&orporrrc Sccrarry
Timc: l2:01 s.m
Page I ol 1
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AFG|C ArE GOV P 00 0l 0318
Accident Fund General Insurance Company
200 Nonh Grand Avenuc r Lansing, MI 48933- 1288
THIS ENIX)RIiEMENT CIIANGES THE FOIJCY. PLEASE READ IT CANEFULLY.
ACCIDENT FUND GENETAL INSURANE COMPANY
COMMENCIAL GENEBAL LIAAILITY P'OLICY
ORGANUZATION INCLUDING PRIMATY COVENAGE
This cndorscmcnt modifics insur&cc ptovided under thc following:
COMMENCIAL GENENAL LIABILITY COVERAGE PANT.
(lf rc cnry rppct[ tbovc, 0!s ioformrtioo tDquirrd b complclc thir crdonsncm vill ba thorn is thr Dc.l|r$ionr lr
rgplic.blc to this ctdoEcmror. )
A. S.cdoa III . Who I5 A! bur.d it uaadcd to itEludc rr rn rddiaiood i!tu,!d rhc F!on(r) or
o8rniaaioo(3) shoen in thc Schodulc, but oaly eith rrsFct to lirbility fo( -bodily irjury," 'FoFny
drtt[tc'c "Ftond rnd dv€(tiritl! injury" crutcd, io wholc or ir prlr, by:
L Your rca or o[utsions: o.
2. Thc rcts or omirsionr of thorc rring on your bchdf:
ir 0E pcrformucc of your ongoini opcrrtions Frfonncd during thc policy pcriod for lhc ddidond
inrurrd(t) rt thc locruoo(t) daigutcd rbovc.
E. Thb insur&cr docs nor rgply io "bodily injury" 6'propcrty drugc" thrt trbr phcr rfllr, rnd thc
Additiood l!5urrd't 3rrrur rt rn dditbnd htulcd tcrminrtr3, upoo thc cslicr of r,h3a:
l. All worL, ircludint mrtlridt, p{tr or cquipmcrt fun*had by tlc Nmcd lntutEd in conncctioo with
such *odq on thc Fojcct (o0E( th.tl Ervicr. rlt.hrrorE q rEFit!) ro bc pcrfcncd by q qr bchdf
of thc dditiond inrurcd(t) d dE loc.rion of 0E covcrcd oFrionr hu bcso clmplctldi
or
2. Thet ponioo of )our n ort" out of irhich thc injury or d.natc rri$s h$ bclo put lo it! intcrdcd utc
by rny pcllon or ortrnizrtion othcr lh.n rDothc, contnctor cntrgcd h pcrformiq opcrrtiollt for r
principd .s Fn of 0E :rmc prcjecr.
C. lf crprcssly rtquircd by r writrn ud lG8dly enforccrblc conrrct cnrrcd into by thc Nrmcd Inrurcd pnor
to commcoccmcnt of *ork by thc Nrmcd ln$rcd fc( th. Addiliond Inrurcd, thc iruunncc dfor@ by thc
policy to 0E Additioml lnturd(!) li$ad iD thc Schcdulc for 0E &scrib.d locrtion(t) it primrry inturrncc.
Any oth.r insurrocc or rlf-insur.ncc mrinriDcd dircctly b, ttE Additiond larurcd(r) is crcc$ of thi!
inrurrncc rrd shdl Dot contributc to iL
Covcr.gc fc llly dditiond inlutld ir towmcd by tE llrms, condidons, rsd crcludont of fiir policy rd dl
cndoftcmcllB, includint thc l$uriDt ASIlanEnt.
Thc covcngc prcvid€d for ltly dditiond iruurcd ir only !o thc crtcnt of .rd in Uc Foponion th. dditiond InturEd
is hcld lirblc for lhc rESligrG 6 leict lirbilityrcorducurt! of thc NrflEd l,!sul!d. No corrc tc is Fovidcd fa
lirbility b$cd upotl tlrc rtt c(rwr or omisbnt of thc Additiotd losurld
Excrpt .r sct fmh rbow, dl of thc trrm!, conditionr rrd cr.clurioN of tht polky ryply rrd rEmrin in cficc!
Policy No.: GLSISTC-000996O21 Acrid€ot Fund GcoCIrl Inrurncc Compray
By
Timc:l2:01rm..A/\ A f@;.ad6fi AFtrorpotzrascclcrery
AFGrC ArE OOP 00 01 0r 1?
Stcvc Coopcr,
NrE o( Addldold llrnrcd:
City of Cupcnino, borrds lad corrEisions, officcrs, offrcidr, qcot!, cEployccs, cootuluDts rId rclunlcc[s.
Drrc: IA0fr'2O22
,* rr r.1ZW
,
il*1,'
Accident Fund General Insurance Company
200 Nonh Grand Avcnue . L.ansing, MI 48933-1288
ACCIDENT FT'IID GENENAL TI{SURANCE COMPANY
COMMERCIAL GE]EIAL LI AILITY POLICY
OnGANIjZATIo,T- NCLUDING WAIVEA OF SUBROGATION
This endoncrEnt modifid iruurulcc ptovidrd unda thc follo*in8:
COMMERCIAL GENENAL LIABILITY COVERAGE PART.
Nrnc d Addltloul laanr:d:
City of Cupgtino, bdrds and commirsiqrs, ofEccn, olficidr" rgcnt!, arPloycc3, congultrnr urd volunrcr.
ltri
(tf no qttry rppcrrt .bovc, tlE infqmrtio[ rcquid !o coflrplcc $ir c[do.rcmctrt will bc Oown in thc Dcclrrerionr s
.pplicrblc to lhis codorlern nL)
A. S.ct oD Ul . l+to L Ao llsur.d b rmcndcd to inclu& rs rn tdditiond insurcd lhc Frson(t) or
orguizrtion(!) thown in thc Schcdulc. but ooly rvilh rlcpcct io li.bility fq 'bodily iqjury," "proFny
d.In.tc" c "pcrtood .rd dvcatiri[t i[jury" crutcd, in vholc c in p{t by:
You, &ts or omi$ions; ot
Thc lcB or omitsiont of Uprc rtirS otl ytrrr bddf;
ia thc pcrformucc of your ongoilS opcrrtionr pcrfornrcd during thc policy pcriod for thc ddiriond
itEurcd(t) .l dE lcrdo(r) dctignrtcd .bovc.
B. Thit inlunocc do6 nol rpply ro "bodily injuy" a'ptoFry d.rm8c'lhlr tlllr phc. .flc . lt,ld lhc
Addiriond lnlurcdl ! ut l! ln .dditioad intu,rd tcrmiltllrs, uPon thc cdicr of whan:
I . AU worl, inclding mrrcridr, plttt o r GquipflEt fumithcd by thc Nurcd lnrurcd in conncction wilh
tuch worl, on lhc projccl (otbc. lh.s &rvics, mriotcmnc! ( rrprh) ro ba Ffonrrd by a oa bchdf
of thc edditiond insured(r) rt thc hcrtior of dr clvcrEd oFrrion! hlt bccn complctcd:
or
2. Thd po.tioo of )our worl" our of rrirhh thr iojury or d!rl|!c .ritcr h.t b.ro Frt to it! irlcodcd u!.
by lry Flon or ortlni,:uon odE th.r laolhar contrrctor colrgcd iD Fforming opcrrtioar for a
principd r! p.n of $r xmc projccl.
C. If crFlssly llquirld by r erirat rrd ldrlly cnforEcrblc cootrrt caE'td inro by thc N.mad lrturd Fitr to commcocan€nt
of u,od by &. Nlt'.d lErrd fa tbc Addtloarl burcd, thcn wc wriw uy ri jht of rubmtrrioo wG fliry hrvc {liatr rn
cnriry lhd ir lt,t Addltlold hrurd F lhc Ermt of rbis codqtcmanr bccrusc of pryltlcrlrt urc m*c fa inj[y a dlltllgc
.rilint o{n of '}our lrlrt" pcrformcd uodcr such wriuan tnd lcldly cnforcabh contrrct with lhrr MdldoEal burtd.
Covcrrgc fc ury rdditiond htuEd i! Sovcricd by lhG trflnr, cooditions. .nd crclulionr of thir policy rnd dl
codort€tDslrr, iDcludi[8 aha l[urin8 Aglcntcol.
Thc covcntc providcd for 8|y rdditiood illurrd L only !o Ulc crlcflr of ltd in thc pmponion thc rddidond lBurd
i! hcld lilblc fa thc ncllifpn c or 3trix li.bility/cordlE rtt of th. Nl'Ed Inrurld. No covcntc it p.ovi&d fq
lLbility b.scd upon lbc rrr' Gfiert o( omit.irt of thc Additiond lnrured.
Exccpt r. tcr foflh &ovc, rll of th3 Erlrt' coditbor rtld Grcludfir of lhis policy .pdy .d Emdn in dfcct.
Policy No.: GLSISTC0@99@21 Acci&ar Fuod Crcrrrrl Intuffic ComFny
Datc tvo8t2022
I
.,
&s; t c@:d
Bobbi El[dJorponG Sccrctery
Pao€ r ol IAFG|C ArE O@WOS O0 01 C3r8
'k"**
?f,nil
Timc: 12:01 r"m.
2m North Grand Avcnuc . l-ansing, MI 48933- 1288
THIS ENDONSEMENT CTIANGES THE FOLICY. PLEASE NEAI' IT CANEFULLY.
ACCIDENT FUND GENEf,AL INSUNANCE COITPANY
COMMERCIAL GENERAL LIABILITY POLICY
A-DDITIONAL INSURED. STATE ON POLTTICAL SUEDIY! TONS - LICENSE
This cndorscmcnt modifils ittsur.nc. providcd undcr thc folloc,ilt:
COMMERCIAL GENENAL LIAEILITY COVEN^GE PART.
st ll or Foliticrl subdividon:
City of Cupcrtino, boards and commissions, offrccrs, officials, agcnts, cmployccs, consultants and
voluntccfs.
(lf no cnuy eppcrs rbovc, thc infomrrioo rrquLld to cornplctc this codqlcmcnt $,ill be thoen io tll Dcclsrrionr lr
spplisrblc to lhis cadGsrmctll)
Secttoa ttr - wlro b AB hrurtd it rtllcndld o inclu& s u rdditiond in3urcd rny nrr! or govcrnocntal tgency
or subdivision or politicd subd.ivilifl Govn in thc Schcdulc, subicct to thc follosirt pmvirions:
L Thir inrunnce rgplier oaly with rcrpcct o opcrlrioor pcrformcd by you c on your behtu for
ehich thc sura a tovcramcltd rgcncy or subdivitioo or politicd iubdivtion b$ iarucd . pcrmil.
2. This inrunncc docs mt epgly to:
r. 'Bodily iojury', -PtoPctty dlm.!c" or "Ffiond rrd dvcrtisiry injuy'uiritrg oul of
oFrrdoas pcrformcd for drc ftdcrrl govcramcnL sr{c or municigdity; or
b. "Bodily iojury' or 'ptoFty drmttc" includcd withit! thc "PtoducB{omPlctcd
opentioas hlzrd".
Covcngc for roy dditiord irurrEd ir tovcrncd by thc tarma coditionr, sd cxclurioru of thir Policy rrd dl
cndonsrcntq iocluding Oc lnsring Agccnrnt.
Tlrc covcrrtc providcd fa rDy rrtdiriond iosurcd i3 mly to drc crlcnt of lnd in lh. ptoponion thc ddidond IBurcd
i! hctd lirblc for $c rEgligcncc or rrict lirbility/cooduc/rc$ of thc Nrmcd lnsurcd. No covcngc is providcd for
li$iliy bercd upor thc r1!, crtort e qnissiotrt of thc Additiood lDturcd.
Ercrpr rs scr fodh rbovc, dl d thc &rm!. cooditioru |lrd ercludoG of rhir policy rpply rrd rEmrin in cfr€(r.
Policy No.: CLSISTC00099602I Accidcnt Fuad Gcncrd lnrunacc Compray
Datc tuoa2022 '&4*--
Strvc Coopcr. Pr6idcnt
L4t; s t@;oa
Bobbi EUiot-torpordc Scctctary
Timc l2:01 r.m
*i,tfrPage r ol l
Accident Fund General Insurance Company
AFGIC ArE GOV P O0 01 dlrt
Accident Fund General Insurance Company
200 North Grand Avcnuc r l-ansing, Ml 48933-1288
ACCTDENT TUND GENEf,AL INST'RANCE COMPANY
COMMENCIAL GENERAL LIABILITY FOLICY
ADDITIONAL NSURED.OWNENS. LESSEES OT CONTRACTORS (COIIIUETCIAL ONLY}
Tbi! cndoncnrcnt modilicr ituurulcc providcd undsr rhc fotlo*i[t:
COMMEXCTAL GENENAL LTAIILITY COVERAGE PATT.
SCIIEDUT.E
Nrpc ol Addlltood I!rytd:
City of Cupcnino. borrdr ]d commissioos, officcr1 officirls, rgcnB, cmployccs, coNultlrB rd voluntc.6.
(tf no c6Ey rppc.'t rbovc, tlE infomrtioo llquilGd to complct! Uis cndor$mcDt will ba thow[ ill thc Dcclurdonr rs
spplic.blc to this .ndortctDcol )
Scctioo Ill - Wbo ls A[ lD$rad i! rmcndcd lo includ. rt lll rdditiord insurad thc pcriotl(t) or
orSmiarion(3) Cnwa in thc Schcdulc, but osly with rc+act to lirbilily fa "bodily injury."
"propcrty drnlrgc" or "psrlotlrl rnd dv.'titint i[jury" cru!.d, h *holG or b prfl" by:
l. Th. Nlmcd ltlturld'r lcB or omisiion3i o!
2. The ectr or omirrion! of thorc rctint ql 6c Nrmcd lnrurcd'r bc.ltdf
ir thc pcrformrrc of .your s6rt" for tt dditionrl intuodt) ll thc locrrim(t) d.ritn&d
rbovc.
Cowr.gc for rtly dditiood hturrd is govcrr.d by th3 tctmr, caodiaiotrt, rld dcludont of thit polic, rtld dl ctdorlqlglllt,
including lhc ltrturint Atrccmcnt.
Thc cowrlSc plovidcd fo ray rdditioad inrurcd ir only b dE crtrot of urd in th. Foponioo lhc dditionrl lo$rrd is hcld
lirblc for rhc nctlitarcc or *rict li$ility/cotducuEtt of tic Nurad lnrurcd. No covcnlc it pmvidcd for li&ility bu.d upon
th. rts. cfiors or omigionr of thc Addidond lnrurcd.
Policy No.: GLSISTC(D99602 t
D.E: luov2o22
Timc: 12:01 r-m.
Acci&nt Fuad Gcncral Insurarc. Comp$y
f-+\ s C@;d
Bobbi EUi*-torpo nrc Sccnrrry
Page I ol 1
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AFGrC ArE COM (E 01 0i|16
,*"
1't/
Byr
Accident Fund General Insurance Company
200 Nonh Grand Avcnuc r Lansing, MI 48933- 1288
ACCIDENT FUND GENENAL f,ISUNANCE COMPANY
COMMERCIAL GENERAL LIAEILITY FOLICY
SCEEDTJI.ED PETSON ORGANIZATION ONGOING OPERATIONS ONLY
Thi! cndortcrrclr rrodifics iorurucc providcd un&r lh! follorrilt:
COMMENCNL GENENAL LTABILTTY COVENAGE PANT.
NrE-elAtd&o.Uradi
City of Cupcrtino, bord: rnd commicsionr, oftccn, offcirlr, rgcor:, cmployccr, con3ullnB tnd volunrccrs
(If m anEy .pFEr &ovq rbc inforrIllridl rcquild 10 c$rpbrc thir cndortcmcat will bc lhovn h &c Dachntimt .t
rpplicsblc Io thir ctdorrttlcol)
.A- S.cdfi Itr - Who lr Ar helrcd ir rnandcd !o ircldc I ltl ddiaio[d in$rcd th. Frrco(r) q
orgrnizdon(r) rhom in thc ScHuL, but only wilb Ilsrcl ro li.bility fq "bodily injury", 'proFrty
&rartc" or'pcrrood rad dvcnirint iljury'crutcd. il vholc c ir prrr, byi
l. Your rtr or omistiont; q
2. Thc r1r or omi$ionr of thorc rtiq oa yor bchdf:
ia rhc pcrformrncc of your ontoirt opcrltioni pcrfamcd durint thc policy pcriod for lhc dditiond
ill3urrd(!) rr lh. locdoo(t) dcttDrrd &ovc.
B. Thir in$rlacG doc3 nd +ply ro "bodily injury"c "Fopcrty dll tc" lhrt rlct plrcc .ftcr, lld lhc
Addilioad llcrrldt lr[lt r ra lddiliood inturd lErlul&r icrminrrcr, upon thc crrlicr of:
I . All sort, ilcludiry tDrt!f,irh, plnt or c$ipm firmirhcd by thc NlDcd lnlurd b conretiqr
wirh tuch wort, on Urc p@jcst (oahcr thD tcrvicc, mri c[.trcc s Icpdrl) to bc FrfaDrd by o(
oa bcbelf of thc dditiold ioturd(t) lt lhc bcrtioo of ahc covrrcd opcretioar ha bccn cooplacd:
ol
2. Tbrr ponion of ')olrr wfit" oua of uhich thc injury o( drmtc rrir6 hr3 boal Fra to iB itr3crd.d
ulc by rtty Fsoo q orlrnizrrioD dlEr & lrdlrcr cooEacror cotatcd ir Frf6nitr! oFlEora
for r principd u pst of 0lc trmc projccl
Covcrrg! for rly dditiood in$rcd is tovcm.d by thc l!flDc. conditionr, |ad crclusiorrs of this policy .nd dl
cndoncmcnc, ircludiat thc Inturiu AtlrcnEnt.
Tbc covcngc providcd fq ray ldditiotrd in$rcd ii ooly !o lhc crllot of lrd in ihc proponioo lhc ddidood lnrulld
i! hcld lirblc fr tlE rEtligcscc or tEicl lirbility/cqducr&rs of thc N.ncd llturEd. No covcsrtc it provi&d for
lilbility blt.d updl ur lcr3, cncr o, omisioru of thc Additiond lnlurcd.
Erctpt .3 s.i farh $ovc, dl of thc ttrmt' conditioot rd crclutid!3 of lhb policy rpply rrd rcauia in cffcct.
Policy No.: GLSIST()@996021 Acsidcor Fuod Ccncrd Inrururcc Cornpuy'#lo A1€ A CM
Bobbi E[i&-torporitc Sccrctary
Timc I2:01 e-m
AFG|C ArE ONO m 0r 03lE Pao€ldl
*f,wz\
D.tc: 1U08r2022
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
WC 1721281-2022
(Ed. 4-84)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
City of Cupertino, Board and Commissions, Officers, Officials, agents, employees, consultants and Volunteers.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement
Insured
Insurance Company
StateFund
1721281-2022
(Ed. 4-84)
@ 1983 National Council on Compensation Insurance.
Effective Policy
No. 1721281-2022
Endorsement No. J Prem�
Countersigned by ___ ?'i7�_,.,....., __ ���--�---------
P,O, BOX 8192, PLEASANTON, CA 94588
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
u
/1'
NA
L4
NA
Thrs is to certity that w9 h.ve issued r valid Worke.s' Compensstion insurance policy in a form approved by the
Calilornia lnsurance Commissioner to tho omployer nam€d bslow for th€ policy P6riod indjcat€d.
This certificate oI insur.nc6 is not an insuranc€ policy .nd do€s not aanond, oxtend or alter the coverage afforded
by the policy lisled herain. Notwithstending .ny requirem6nt, term or condition of .ny conlrsct or other document
with respect to which this cgrtificate ol insurance may bE issued or lo which it may pertain, the insurancg
alforded by the policy describ€d her6in is subject to all the terms, exclusions. and conditions, of such policy.
CITY OF CUPERTIU'
1O3OO TORRE AVE
cuPERTIix) CA 950 t 4-3202
/L,.-. o{-;-..-
ISSUE DATE: O5-O4-2O23
EIVPLOYER
GROUP:
POLICV NUMBER: 17212A1-2022
CERTIFICATE lD: lO
CERTIFICATE EXPIRES: l2-Ol -2023
12-O 1 - 2022 / 1 2 - O 1 - 202?
Authorized Rep.esentative President and CEO
UNLESS INOICATEO OTHERTISE BY ENDORSEI{EITT, COVERAGE UNDER THIS POLICY EXCLUOES THE FOLLOTITG:
TTX'SE NAT'EO IN THE POLICY DECLARATIONS AS AN INDIVIIUAL EXPLOYER OR A TI'SBAND ANO TIFE ETPLOYER;
E PLOYEES COVEREO ON A @TPREHENSIVE PERSONAL LIABILITY INSURAIiICE POLICY ALSO AFFORDING
CALIFORNIA ITORKERS/ COMPENSATION BENEFITS; Ei{PLOYEES EXCLUDED UNDER CALIFORNIA HORKERS'
CO PENSATION LAH.
EITPLOYER'S LIABILIfY Llt{lT II,ICLUDIt{G DEFENSE COSTS: $1,Ooo,OOO PER OCCIJRRET€E
?
ALVERNAZ, iIIC+IAEL A
CONSTRUCTION
P0 Box 366
SAT{ IiARTIN CA 95048
IFYA,CN]
PRIt{TED: 05-04-2023
DBA ALVERNAZ NA €-
STATE
FUND
CERTHOLDER COPY
This policy is not subject to cancelletion by th€ Fund except upon iO days advance writton notice to the employer.
We will .lso oive you lO deys adv.nce notice should this policy be caocsllod prior to its normal 6xpiration.
ENDORSEI'ENT #2570 ENTITLED YAIVER OF SUBROGATION EFFECTIVE 2022-'I2-O1 IS
ATTAclIEo rO AiID FORIS A PART 0F THIS POLICY. THIRo PARYY IIAIE r
CITY OF CI,PERTIM'
FUND
ISSUE DATE: O5-O4-2023
EI!!PLOYER
POLICYHOLDER COPY
NA
P.O. BOX 8192, PLEASANTON, CA 94588
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
Thrs policy rs not subjoct to c.ncellation by th6 Fund exc€pt upon lO d.ys advance wfltlen notace to the employer
We will also qive you lOdsys advahce notice should this policy be csncelled prior to its normel expiralion.
This c€rtificat€ of insurance is not an insur.nce policy and does not am6nd, ext€nd or alter the coverago .tford€d
by the policy listed h6rein. Notwithstandang any requirement. term or condition of rny contract or other document
with respgct lo which this cartificate o, insur.nce may be issued or to which it mey pgrtain. the insurance
afforded by the policy described herein is subj€ct to all th€ terms, exclusions, and conditions. of such policy.
This is to certify that we have issued. v.lid Workers' Compensation insurance policy in a torm approved by the
Californie lnsurance Commissioner to tho omployer namod below for ths policy period indiceted.
/,---' J;*-
P.ssidcnt ard CEO
NA
Authorizod Representative
EITPLoYER'S LIABILITY LIHIT INCLUDING DEFENSE COSTS: $l,OOO,OOO PER OCCURRENCE.
CITY OF CUPERTINO
I03@ TORRE AVE
cuPERTtio cA 95014-3202
ENDORSE ENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2022-12-01 IS
ATTACHED TO AND FORI4S A PART OF THIS POLICY, THIRD PARTY I{ATIE:
CITY OF CI,JPERTIM)
UNLESS INDICATED OTHERHISE BY ENOORSETEiIT, CIVERAGE UNDER THIS POLICY EXCLUOES THE FOLLOHIT{G:
TT€SE NAflED IN THE POLICY OECLARATIONS AS AN INDIVIi'UAL EXPLOYER OR A I{ISBATD AND TIFE E}'PLOYER;
E PLOYEES C{'VERED ON A q' PREHENSIVE PERSONAL LIAAILITY INSURTNCE POLICY ALSO AFFORDING
CALIFORNIA XORKERS' qIIPENSATION BE EFITS; EXPLOYEES EXCLUDED UNDER CALIFORNIA UORKERS'
CI'TPENSATION LAU.
ALVERNAZ, IICIIAEL A OBA: ALVERT{AiZ
CONSTruCTION
P0 BOX 3A6saN ARTIN CA 95046
?t1
(REV.7-2014)
NA
PRINTEO
IFYA,CN]
05-04-2023
7h
GROUP:
POLICY NUMAER: 17212A1-2022
CERTIFICATE lO: lO
CERTIFICATE ExPIRES: t 2-ot -2o23
1 2 -O 1 - 2022 / 1 2 - O 1 - 2023
STATE
M
6.
WAIVER OF SUBROGATION NOTICE
Enclosed is your copy of a certificate of insurance on which the certificate holder
required a waiver of subrogation:
1. Please be advised that a waiver of subrogation requires that a 3% surcharge
will be applied by State Fund ONLY to the premium assessed on the payroll
of your employees earned while engaged in work for that certificate holder
who requested the waiver. (Note: if you have no employee payroll on that job,
then there is no charge.)
2. To apply the 3% surcharge, you must also agree to maintain accurately
segregated payroll records for employees engaged in work on job/s for the
certificate holder who has the waiver. The payroll records are subject to
verification by an auditor.
Example:
Payroll for j ob:
Sample Rate:
Regular Premium equals:
Surcharge:
Additional Waiver charge:
Total premium equals $ 684.95 (665.00 + 19.95)
$5, ooo. o0
13.30%
s 665.00
3.00%
$ 19.9s
v'-
tt -qrE
6
?
On-Call PW MA Services Contract, Alvernaz
Construction 632
Final Audit Report 2023-05-30
Created:2023-05-26
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAeZ92U8rZA69j6W2B77zWhAXbG7GTP5Zv
"On-Call PW MA Services Contract, Alvernaz Construction 632"
History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-05-26 - 0:40:57 AM GMT- IP address: 98.97.57.92
Document emailed to Julia Kinst (juliak@cupertino.org) for approval
2023-05-26 - 0:43:38 AM GMT
Document approved by Julia Kinst (juliak@cupertino.org)
Approval Date: 2023-05-26 - 0:44:29 AM GMT - Time Source: server- IP address: 98.97.57.92
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-05-26 - 0:44:32 AM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-05-30 - 2:54:53 PM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to michaelalvernaz@alvernazconstruction.com for signature
2023-05-30 - 2:54:56 PM GMT
Email viewed by michaelalvernaz@alvernazconstruction.com
2023-05-30 - 3:14:40 PM GMT- IP address: 107.77.214.58
Signer michaelalvernaz@alvernazconstruction.com entered name at signing as Michael Alvernaz
2023-05-30 - 3:50:59 PM GMT- IP address: 107.77.214.58
Document e-signed by Michael Alvernaz (michaelalvernaz@alvernazconstruction.com)
Signature Date: 2023-05-30 - 3:51:01 PM GMT - Time Source: server- IP address: 107.77.214.58
Document emailed to christopherj@cupertino.org for signature
2023-05-30 - 3:51:04 PM GMT
Email viewed by christopherj@cupertino.org
2023-05-30 - 3:52:09 PM GMT- IP address: 104.47.73.126
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-05-30 - 3:52:24 PM GMT- IP address: 64.165.34.3
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-05-30 - 3:52:26 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Jimmy Tan (jimmyt@cupertino.org) for signature
2023-05-30 - 3:52:28 PM GMT
Email viewed by Jimmy Tan (jimmyt@cupertino.org)
2023-05-30 - 5:35:53 PM GMT- IP address: 104.47.73.254
Document e-signed by Jimmy Tan (jimmyt@cupertino.org)
Signature Date: 2023-05-30 - 5:36:09 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2023-05-30 - 5:36:12 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2023-05-30 - 5:36:30 PM GMT- IP address: 104.47.73.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-05-30 - 5:37:24 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2023-05-30 - 5:37:24 PM GMT