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25-031 Alvernaz Construction McClellan Ranch Field Fence Replacement - PO 2025- 436Public Works Project: Alvernaz Construction McClellan Ranch Field Fence Replacement Public Works Contract / April 2024 Page 1 of 12 PUBLIC WORKS CONTRACT $200,000 OR LESS 1. PARTIES This public works contract (“Contract”) is made by and between the City of Cupertino (“City”), and Alvernaz Construction, a Sole Proprietorship/Individual (“Contractor”) for Alvernaz Construction McClellan Ranch Field Fence Replacement, and is effective on the last date signed below (“Effective Date”). 2. 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 required for the Project (“Work”), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on June 30, 2025 (“Contract Time”) unless terminated earlier as provided herein. Contractor’s Work shall begin on the date shown on a written Notice to Proceed (“NTP”) and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. The Director of Public Works may authorize the extension of the Contract Time by up to sixty (60) calendar days through a written amendment to this Agreement, provided such extension does not include additional contract funds. 3.2 Time is of the essence for Contractor’s performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of $200.00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor’s payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities, and extended disruption to the public. Public Works Project: Alvernaz Construction McClellan Ranch Field Fence Replacement Public Works Contract / April 2024 Page 2 of 12 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $21,500.00 (“Contract Price”), for all of Contractor’s direct and indirect costs, including all labor, materials, supplies, equipment, taxes, insurance, bonds, and all overhead costs. 4.2 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 as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker’s compensation or any other City benefits. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law, and have procured a City Business License, if required by the Cupertino Municipal Code. Contractor shall possess a California Contractor’s License in good standing for the following classification(s): B, which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Work under this Contract. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Public Works Project: Alvernaz Construction McClellan Ranch Field Fence Replacement Public Works Contract / April 2024 Page 3 of 12 Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor’s request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors, and permitted assigns. 8. PUBLICITY / SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) year thereafter must credit City contributions to the Project. The words “City of Cupertino” must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements, and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 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 0% of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor’s Work falls short of the requirements of this Contract or constitutes grounds for rejection under the Public Contract Code. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor’s Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within fifteen (15) days after City accepts the Work if the Contract involves work by subcontractors. Public Works Project: Alvernaz Construction McClellan Ranch Field Fence Replacement Public Works Contract / April 2024 Page 4 of 12 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 Project. 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 consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, stop notices, actions, causes of action, demands, charges, losses 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, subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Contract. 11.3 Contractor’s duties under this entire Section 11 are not limited to Contract Price, Workers’ Compensation, or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. Public Works Project: Alvernaz Construction McClellan Ranch Field Fence Replacement Public Works Contract / April 2024 Page 5 of 12 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 Agreement. 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 B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved 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 at Contractor’s expense, deducting the costs from Contractor’s compensation, or terminating the Contract. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all 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 status of employees performing the Work, as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) The following provisions apply to contracts of $1,000 or more: (i) In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”) to all workers employed on this project. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (ii) Registration. Contractor and all subcontractors shall not engage in the Public Works Project: Alvernaz Construction McClellan Ranch Field Fence Replacement Public Works Contract / April 2024 Page 6 of 12 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.” 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, Public Works Project: Alvernaz Construction McClellan Ranch Field Fence Replacement Public Works Contract / April 2024 Page 7 of 12 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 sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants, and agents warrant they are not employees of City nor do they have any relationship with City officials, officers, or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. 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 Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING, AND EXCAVATION 15.1 Contractor must call the Underground Service Alert (“USA”) 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City’s Service Center must be called at (408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. Public Works Project: Alvernaz Construction McClellan Ranch Field Fence Replacement Public Works Contract / April 2024 Page 8 of 12 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 contracts $25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705, prior to commencing work. The plan must show the design of shoring, bracing, sloping, and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state, and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters, and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to, the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; (c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water offsite in lawful manner; (d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; (e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. Public Works Project: Alvernaz Construction McClellan Ranch Field Fence Replacement Public Works Contract / April 2024 Page 9 of 12 16.2 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. City assigns Brian Gathers as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers 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 the responsibility to ensure progress with the Work. Contractor’s Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor 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 the Work. With City’s pre-approval in writing, the time spent in closing out the Work 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. Nothing in the Section below is intended to delay, abridge or bar City’s right under this Section. 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. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or Public Works Project: Alvernaz Construction McClellan Ranch Field Fence Replacement Public Works Contract / April 2024 Page 10 of 12 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/ADVERTISEMENT 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 waiver of any 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 CONTRACT 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. 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, Public Works Project: Alvernaz Construction McClellan Ranch Field Fence Replacement Public Works Contract / April 2024 Page 11 of 12 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 to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 29. CAPTIONS The captions, titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 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 and will be considered effective on the date of personal delivery, 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 cc: Representative/Coordinator: Brian Gathers Email: briang@cupertino.org To Contractor: Alvernaz Construction PO Box 366 San Martin, CA 95046 cc: Representative/Coordinator: 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. SIGNATURES CONTINUE ON THE FOLLOWING PAGE Public Works Project: Alvernaz Construction McClellan Ranch Field Fence Replacement Public Works Contract / April 2024 Page 12 of 12 IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CITY OF CUPERTINO, a Municipal Corporation By: __________________________________ Title: ________________________________ Signature Date: _________________________ ALVERNAZ CONSTRUCTION By: __________________________________ Title: ________________________________ Signature Date: _________________________ APPROVED AS TO FORM: By: FLOY ANDREWS Interim City Attorney ATTEST: By: KIRSTEN SQUARCIA City Clerk Date: Michael Alvernaz Owner 03/05/2025 Director of Public Works 03/06/2025 03/06/2025 Quote December 5 ,2024 Alvernaz Construction Po Box 366 San Martin CA 95046 Lic# 711435 408-595-2817 To; Job Name; Brian Gathers McLellan Ranch 10300 Torre Ave. Field Fence Replacement 1- Remove existing fences and concrete. Approximately 246LF 2- Install 6x6 post pressure treated every 8ft o.c and Chamfer top of posts 3- Install 2x6 rails approximately 246 LF paint grade three rows only. 4- Level dirt area between parking lot and new fence. 5-NOTE PAINTING NOT INCLUDED; 7- Clean all unnecessary materials,and dump wood in the cupertino yard. NOTE: ANY UNFORESEEN WORK TO BE EXTRA CHARGE: Total cost materials and labor $21,500.00 Thank you, Michael Alvernaz EXHIBIT A Insurance Requirements Construction Contracts Version: August 2024 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. PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects - $200,000 or less Insurance Requirements: Exhibit B Insurance Requirements Construction Contracts Version: August 2024 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 Construction Contracts Version: August 2024 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 shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance 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. ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) � 01/08/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tom Madruaa N AME: BELL PLAZA INSURANCE rA��N,t "�"· {408)246-7220 I FAX IA/C Nol: (408)246-7200 924 Camino Drive E-MAIL insurancelnlbellnlaza.com ADDRESS: Santa Clara, CA 95050 INSURER(S) AFFORDING COVERAGE NAIC# License #:0A91409 I NSURER A: Accident Fund General Ins 12304 INSURED I NSURER B: Accident Fund General Ins 12304 Alvernaz Construction I NSURER C: Accident Fund General Ins 12304 Michael Alvernaz I NSURER D: State Fund 711495 PO Box 366 I NSURER E: San Martin CA 95046 CA 95046 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR LTR A B C D TYPE OF INSURANCE X COMM ERCIA L GENERAL LIABILITY f--□ CLAIMS-MADE [Z] OCCUR X 1000 Ded Per Occur f--X PD 1000 Ded GEN"L AGGREGATE LIMIT APPLIES PER: 9 □PRO-POLICY JECT OTHER: □LOC AUTOMOBILE LIABILITY X ANYAUTO x OWNED -x SCHEDULED AUTOS ONLY _ AUTOS X HIRED X NON-OWNED AUTOS ONLY _ AUTOS ONLY X X UMBRELLA LIAB -EXCESS LIAB �OCCUR CLAIMS-MADE X OED I I RETENTION $ 0 WORKERS COMPENS ATION AND EMPLO YERS" LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Deductible/SIR $0 ADDL '"'"n y y N/A SUBR POLICY EFF POLICY EXP W\/n POLICY NU MBER /MM/D D/YYYYl /MM/DD/YYYYl LIMITS EACH OCCURRENCE $ 2 000 000 DAMAGE TO RENTED PREMISES /Ea occurrence\ $ 50 000 MED EXP (Any one person) $ 5 000 y GLSISTC000996021 09/01/2024 09/01/2025 PERSONAL & ADV INJURY $ 1 000 000 GENERAL AGGREGATE $ 4 000 000 PRODUCTS -COMP/OP AGG $ 2 000 000 $ COMBINED SINGLE LIMIT $ 1 000 000 /Ea accident\ BODILY INJURY (Per person) $ y GLSISTC000995022 09/01/2024 09/01/2025 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ /Per accident\ Uninsured Motorist $ 1 000 000 EACH OCCURRENCE $ 2 000 000 GLSISTC000995023 09/01/2024 09/01/2025 AGGREGATE $ 2 000 000 $ I PER I STATUTE I OTH-ER E.L. EACH ACCIDENT $ 1 000 000 y 1721281-2023 12/01/2024 12/01/2025 E.L. DISEASE -EA EMPLOYEE $ 1 000 000 E.L. DISEASE -POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Cupertino, Board and Commissions, officers, Officials, agents, employees, consultants and volunteers. General Liability coverage applies on a Primary and Non-Contributory basis. Notice of Cancellation Provision in place -In Favor of the Certificate Holder For General Liability -Auto Policy -Workers Compensation Insurance. CERTIFICATE HOLDER City of Cupertino Public Works 10300 Torre Avenue Cupertino, CA 95017 Attn: Tiffany Rodriauez CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. > All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Deductible/SIR $0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION BY US­CERTIFICATE HOLDER(S) This endorsement modifleS .-.surance provided under the following SCHEDULE Cortific:ao Holdor(5): City of Cupertino, Board and Commissions, officers, Officials, agents, employees, consultants and volunteers. General Liability coverage applies on a Primary and Non-Contributory basis. Notice of Cancellation Provision in place -In Favor of the Certificate Holder for General Liability -Auto Policy -Workers Compensation Insurance. Section XXIII. CONDITIONS. 4. Cancellation IS amended by the addition � the followmg: I If we cance4 this Policy before t � e xpwabOn da1e � reof, we will mail JO days Wtttt en nQ ice ( 10 days for non-paymel'l d Pf\mtt.rn) to the Certificate Hlotdar(s) ildicated il the SCHEDULE above. ALL OTrlER TERMS AHO CONDITIONS 0: THI: POLICY Rf.MA.IN LNCHANGEO. Policy # 1721281-24 STATE RENEWAL Date: 1OlO2l2O24 INFORMATION FORM Policy 1721281-2023 This document does not provide insurance lf you have already submitted your updates onlin6, please disregard. RENEWAL INFORMATION Policy Number: Eflective Date: Expiration Date: Anniversary Rating Date: 1721281-2023 12t01t2024 12t01t2025 LEGAL ENTITY INFORMATION Legal Entity: Entity SubType: Business Legal Name: FEIN: lJpdales/Changes: lndividual N/A MICHAEL ALVERNAZ 55-1515385 Primary DBA: Additional DBAs: Updates/Changes: Mailing Name: Mailing Address: Updates/Changes: ALVERNAZ CONSTRUCTION PO BOX 366, SAN MARTIN, CA 95046- CONTACT INFORMATION Primary Contact Name Office Phone; Mobile Phone: E-mailAddress: Fax No: Page '1 of 4 CN MICHAEL ALVERNAZ (408) s95-2817 MICHAELALVERNAZ@ALVERNAZCO NSTRUCTION.COIV Policy Name: ALVERNAZ CONSTRUCTION 00102493 ARTHUR J GALLAGHER RISK MANAGEMENT INS S (408) 8424450 COMPEN9ATION INSURANCEFLIND BUSINESS DBA ALVERNAZ CONSTRUCTION EMPLOYER MAILING ADDRESS STATE COMPEHSATION IN9URANCE RENEWAL Date: 1010212024 INFORMATION FORM Poticy:1721281-2023 This document does not provide insurance lf you have already submitted your updates online, please disregard. Updates/Changes: LOCATIONS & EXPOSURES tr No Permanent California Location Updates/Changes 12120 CENTER AVE, SAN MARTIN, CA 95046 (PRIMARY) Classification # of Full-Time Employees # of Part Time Employees lEstimated Annual I Remuneration/Payroll 5403-1 -CARPENTRY < $4,1 HR 0 0 lso.oo 5432-1 -CARPENTRY >= $41 HR 0 0 lso.oo OWNERSHIP INFORMATION Existing Owners, Officers & Partners MICHAEL ALVERNAZ I Name: MICHAEL A ALVERNAZ Title:Sole Proprietor lnclude/Exclude: Not Covered: Not Eligible Location: 12120 CENTER AVE Class Code: NA FEIN :55-1515385 SSN : ***-*'-5385 SEIN: NA Remuneration Payroll : $0.00 Ownership Percent: NA ls this individual's payroll part of the estimated payroll? : Description Of Duties : Not provided UpdatesiChanges to Owners, Officers & Partners Page 2 of 4 CN Policy Name: ALVERNAZ CONSTRUCTION 00102493 ARTHUR J GALLAGHER RISK MANAGEMENT INS S FL.,ND STATE FUND coMrta'\rS-^.TroNIHSURANC€ RENEWAL Date: 1010212024 INFORMATION FORM Policy: 17212ar2123 This document does not provide insurance lf you have already submitted your updates online, please disregard. PURCHASE ACQUISITION Question Yes No Was this operation all or part of an existing business that was purchased or acquired? 'if'yes', please complete the Purchase Acquisition questions and add any additional information in the Remarks section. Purchase Acquisition Questions Yes No Submitted lnformation What Percentage Of the Business was Acquired? Date Ownership Changed Prior Business Owner's Name Prior Business Address Prior Name Of Business ls prior owner(s) related to the new owner(s)? Have operations changed since the business was acquired? Were more than 50% of the current employees hired since the acquisition? Are those employees earning more than 50% of the payroll? Page 3 of 4 CN Policy Name: ALVERNAZ CONSTRUCTION 00102493 ARTHUR J GALLAGHER RISK MANAGEMENT INS S ___l -.t + STATE FLJNtr, COMPEit'ATION INSURANCE RENEWAL Date: 1010212024 INFORMATION FORM Poticy:1721281-2023 This document does not provide insurance lf you have already submitted your updates online, please disregard. General Questions Yes No Remarks Will you assign temporary laborers to your current or potential clients? lf 'yes', please provide additional information in the Remarks section. Will you assign leased or long-term workers to your current or potential clients? lf 'yes', please provide additional information in the Remarks section. Has the nature of operations performed by the employer changed? lf 'yes', please provide additional information in the Remarks section. BLANKET WAIVER OF SUBROGATION Blanket Waiver of Subrogation Yes No Remarks Do you require a Blanket Waiver of Subrogation Endorsement on your renewing policy? lf yes, there will be an additional premium charge of 2o/o of lhe estimated policy premium included in your renewal quote. t BELL fu^/o- t7-h Name and Title of lndividual Com Page 4 of 4 CN A PLA7,A 924 Camino nature Santa Ghra'CA 95050 Date Policy Name: ALVERNAZ CONSTRUCTION 00102493 ARTHUR J GALLAGHER RISK MANAGEMENT INS S GENERAL QUESTIONS COMMERCIAL GENERAL LIABILITY GLSISTC000996021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION 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 Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance (2)You have agreed in writing in a contract oragreement that this insurance would be primary and would not seek contributionfrom any other insurance available to theadditional insured.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 Insured under such other insurance; and © Insurance Services Office, Inc., 2024 Page 1 of 1 Accident Fund General Insurance Company 200 North Grand Avenue o Lansing, MI 48933-1288 THIS ENDOR.SEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCIDENT TUND GENERAL INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY POLICY This cndorscment modifies insurancc providcd undcr rhc following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. State or Potiticat Subdivision: City of Cupertino, boards and commissions, oflicers, officials, agents, employees, consultants and volunteers. (lf no entry appears abovc, thc information rcquired to complcte this cndorseoent will be shown in thc Dcclalations as applicable to tlis cndorsement) Sectioa III - Who ls Atr Insured is amcnded io include as an addirional insurcd any stalc or SoverNDcntal agency or subdivision or politicat subdivision shown io the Schedule, subjcct to the followilg ptovisions: L This insurancc applies only with rcspect to operations performcd by you or on your behalf for which thc statc or govcmmental agcncy or subdivision or political subdivision has issued a pcrrlur. 2. This insurancc do€s not apply lo: a- "Bodily injury", "propeny damagc" or "Pcrsonal and advcnising injury" adsing out of operations performcd for the fedgral govemmcnl srarc or municipalityi or b. "Bodily injury" or "propeny damage'' included within the "products"completed operations hazard". Covcrage for ally addirional insurcd is governed by the rcrms, conditions, afld exclusions of this policy ard all c[dorsemcnts, including the lnsuring Agrecmcnt. Thc coverage provided for any additional insurcd is only to the extent ofand in tie proponion the additiolal lnsured is hcld liablc for the negligence or stricr liability/conduc/acts of Lhc Named Insurcd. No covcrage is providcd for liability bascd upon lhe acts, eEors or omissions of thc Additional l$ured. Except as sct fonh above, all of thc terms, corditions and cxclusions of lhis policy apply ard remain in cffcct. Policy i.*o.: GLSISTC00099602I Accident Fund Geocral lnsuraacc Company Date 09t0t t2024 'krk*-.t>ts;.l c@;id Bobbi Eltio{-aoporatc SccrElary Time l2r0l a.m. GLStSTC000996021 Page 1 ol 1 Accident Fund General Insurance Company 200 Nonh Grard Avenue. Lansing, MI 48933-1288 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARETULLY. ACCIDENT FUND GENERAL INSURANE COMPANY COMMERCIAL GENER,AL LIABILITY POLICY ORGANIZATION INCLUDING PRIMARY COVERAGE This endorsemcnt modifies insurancc providcd undcr thc followinS: COMMERCIAL GENERAL LIABILITY COVERAGE PART. !bqe-s!3CC!!@!.!asu"ea. Ciry of Cupeniao, boards and commissions, ofncers, officials, agents, employces, consulun6 and voluntccrs. Desislaaed Proieculocation to rvhich this eodorsemept apolies: (If no cntry appcars above, thc information rcquircd to complcrc this cndorscmcnt will bc shown in lhc Dcclarations as applicablc to this cndorscmcnr.) A. Seciiou III. who Is AD l&sured is amcndcd to includc as an additional insurcd lhc pcrso!(s) or organization(s) shown in lhc Schcdulc, but only wifi rcspcct to liabilily for "bodily injury," 'property damage" or "pcrsonal and advcnisirS injury" causcd, in whole or in pan. by: l. Your acts or omissionsl or 2. Thc acts or omissions of thosc acting oll your bchalfl in rhc pcrformance of your ongoing opcrations pcrformcd during thc policy period for thc additional insurcd(s) at thc location(s) designatcd abovc. B. This insurancc docs nor apply ro "bodily injury" or "propcrty damaSc" that takes placc aftcr, and thc Additional lnsurci's status as an additional insurcd tcrminates, upon the carlier of whcn: l. AII wo!k, including matcrials, parts or cquipmcnt furnished by thc Named tnsurcd in connectior wilh such work, on lhc Fojcct (other $an scryicc, maintenaocc o rcpairs) to bc pqform.d by or on bchalf of rhc additonal insurcd(s) ar thc location of rhc covcrcd opcraions has bccn complctcd; or 2. That ponion of "your work" out of which thc injury or damagc ariscs has bccn put to its intcndcd usc by any pcrson or organization other than another conkactor cngagcd in performinS operations for a principal as part of thc same Fojcct. C. Ifcxprcssly rcquircd by a writtcn and lcgally cnforccablc conract cntclcd into by thc Namcd Insurcd prior ro commcnccmcnt of work by thc Namcd Insurcd for thc Additional Insurcd, thc insurarcc affordcd by thc policy ro rhe Additional Insured(s) lisrcd in fic Schcdule for Oc dcscribed location(s) is primary insurancc. Any orhcr insurancc or self-insurancc maintained dircctly by $e Addidonal Insurci(s) is cxcess of this insurancc and shall not conniburc to it Covcrage for any addirional insurcd is govcmcd by ttc tcrms, conditions, and cxclusiom of this policy and all endorscmcnts, including thc Insuring Agrccm€nt. Thc covcragc providci for any addirional insurcd is only to thc cxtent of and in $c proportion thc additional Insurcd is hcld liablc for the ncgligcncc or st cr liability/conducuacts of lhc Namcd lnsurcd. No coveraSc is providcd for liabilily basci upon lhc acts, cnors or omissions of lhc Additional Insurcd. Exccpt as set fonh abovc, all of $c tcrms, conditions and cxclusions of lhis po)icy apply and remain in effcct. Policy No.: GLSISTCO0099602I Accidcnt Fund Gcncral lnsurancc Company Datc: 0910112024 By Time l2:01 a.m..U:\ )t@;ox Eu[IEf&orporarc sccretary GLStSTC000996021 Stcvc Coopcr, Page 1of 1 Accident Fund General Insurance Company 200 Nonh Grand Avenue . Lansing, MI 48933-1288 IIIIS ENEOBSEtrAENT CHANGES THE POLICY. PLEASE READ IT CARFFIII I Y ACCTDENT FUND GENERAL INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY POLICY aDDITIONAL lllSURED-OWNERS. LESSEES OR CONTRACTORS - SaHFnru Fn pFRsqli on ORGANIZATION BiCLUDING WAIVER OF SUBROGATTON This cndorsemcnt modiires insurancc provided undcr thc followinS: COMMERCIAL GENERAL LIABILITY COVERAGE PART. N@g@l!!qd: Ciry of Cupertino, boards and commissions, ofhcers, officials, agents, cmployees, consuhanrs and volunteers. Desispaled Proiect4-ocation to wbich Ibis eodorsement applies: (lf no cnry appca$ above, tie information re4uired to complctc this endorsemcnt will bc shoq,n in the Declarations as applicable to this endorsemcnt.) A- S€ctioD III . wbo Is Ao Iosured is amcndcd to include as an additional insuled thc pcrson(s) or organization(s) shown in thc Schcdulc, but ody witl rcspcct to liability for "bodily injury," "propcny damagc" or "personal and advenising injury" causrd, in wholc or in pan, by: Your acts or omissions; or The acts o! omissions of thosc acting on your bchalf: in thc pcrformancc of your ongoing opcrations pcrformcd during thc policy period for the additional insured(s) at Uc location(s) dcsignated above. B. This insurancc does not apply to "bodily injury" or "propcny damaSc" lhat takcs placc aftcr, and the Additional lnsurcd's status as an additional insured terminates, upon thc cadier of when: l. All work, including ma(erials, pafls ore4uipmcnt fumished by the Named Insured in connection wi$ such work, on the projcct (othcr than scrvicc. maintcnance or rcpairs) to bc pcrformcd by or on bcha.lf of fie additional insured(s) at the location of the covered operations has bcen complctcd: or 2. That ponion of "your work" oul of which thc injury or damaSe ariscs has bccn put to its intended use by any pcrson or organization ofier than anothcr contractor cngaged in pcrformin8 opcrations for a prircipal as pan of thc samc projcct. C. lf cxpressly lEquirEd by a wrinen and lcgally cnforccable co[tract entercd inlo by thc Named lDsurcd prior to commcnccmcnl of work by rhc Named ltlsured for thc Additiora.l losured, thsn we waivc ary right of subrogation wc may havc a8ainst ar cnily fiat is an Additional ltlsured pcr lhc terms of this cndorscmcnt because of paymcnts we makc for injury or damage arising out of "your work' pcrformed under such written and legally enforccablc contracr with thal Additiona.l Insured. Coverage for any additional insured is governed by the terms, conditions, and exclusions of this policy and all endorsemenls, including thc Insuri[g Agreemcnt. Thc covcragc providcd for any additional insurcd is only to thc extent ofand in tle propoftion $e additional lnsurcd is hcld liable for the negl.igence or stsicr liability/conduc/acts of the Named Insured. No covcrage is providcd for liability bascd upon lhc acts, errors or omissions of $c Additional lnsurcd. Ercepr as set ford above, all of t}le terms, conditions and exclusions of this policy apply and rcmain in effcct. Policy No.: GLS[STC00099602I Accidcnr Fund Ocneral Insurance Compary Date: 0910112024 I Time l2:01 a.m. GLSrSrC000996021 *^l*- Stcvc Coopcr, President [&-ad Page 1 ot 1 Accident Fund General Insurance Company 200 North Grand Avenue. Lansing, MI 48933-1288 THIS ENDORSEMENT CHANGES THE POLTCY. PLEASE READ IT CAREFULLY. ACCTDENT FUND GENERAL tr{SURANCE COMPANY COMMERCIAL GENERAL LIABILITY POLICY ADDTTIONAL hISURED. STATE OR POLTTICAL SUBDIVISIONS - LICENSE This cndorsemcnt modifics insurancc providcd under the following: COMMERCIAL GENERAL LTABILITY COVERAGE PART. State or Political Subdivision: City of Cupertino, boards and commissions, officers, olficials, agents, employees, consultants and volunteers. (lf oo enry appea$ abovc. the information rcquircd to complctc this cldorsement will bc shown in thc Dcclarations as applicable ro rhis endorscmcnt.) Section m - Who ls AE Insured is amcndcd to include as an additional insurcd any statc or govemEcntal agcncy or suMivision or political subdivision shown in $e Schedule, subjcct to the following provisions: I . This insurancc applies only with respect !c opcrations pcrformed by you or on your bchalf for which rhe state or govcmmcntal agcncy or subdivision or political subdivision has issucd a permit. 2. This insuranccdoes not apply to: a. "Bodily injury", "propeny damagc" or "personal and advcnising injury" arising our of opelations pcrformcd for the fcdcral government, statc or municipality; or b. .Bodily injury" or "propcny damagc" includcd within thc "prcducts-completed opentions hazard". Covcrage for any addirioral insured is govcmcd by thc terms, conditions, and exclusiorls of this policy and all endorscmcnts, including the lnsuring Agrcement. The covcrage provided for any additional insured is ooly to thc cxtent of and in thc proponion thc additional Insulcd is held liable for rhe negligcnce or strict liability/conducy'acts of thc Named Insurcd. No covcraSc is provided for liabiliry bascd upoIl the acts, crrors or omissions of thc Additional lnsured. Excepr as ser fonh abovc, all of rhc terms, conditions and cxclusions of this policy apply and rcmain in €ffcct. Policy No.: GLSISTC00099602I Accidcnt Fund Ocncral Insurancc Company Date 09t0v2024 '&4* -Stevc Cooper, Prcsidcnt C@,aaTimell2:01 a.m. GLSISTC00996021 Page 1 c, 1 Accident Fund General Insurance Company 20O North Grand Avenue . Lansing, MI 48933-t288 ACCIDENT FUND GENERAL INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY POLICY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Additiotral losured: City of Cupenino, boards and commissions, officers, officials, agents, cmployecs, consultants and volunteers n.siEl'il.d P.oie.t/I ocrtiotr to wbich ahis eDdorseDeut aoDues: (lf no entry appean above, thc information rcquircd to complete &is endorsementwill be shown iII the Declarations as applicablc to this endorsement.) SectioB Ul . Who Is A! Itrsurcd is amended to includc as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "propeny damage" or "personal and advenising injury" causcd, in wholc or in pan, by: L The Named lnsured's acts or omissions: or 2. The acts oromissions of thosc acting on tE Named Insured's behalf in the performance of"your work" for thc additional insured(s) at the location(s) designated abovc. Coverage for any additional insured is govemed by the tcrms, conditions, and exclusions of this policy and all cndorsements, ircludinS the Insuring Agrecment. The covcrage provided for any additional insured is only to the ext?nt of and in the proponion the additional lnsurcd is hcld liable for rhe negligence or strict liability/conducy'acB of the Named Insured. No coverage is provided for liability based upon the acts. errors or omissions ofthe Additional Insured. Accident Fund General lnsurance CompanyPolicy No.: GLSlSTC00099602 t Date: 09|OV2O24 Timei 12:01 a.m. Bv:&.C**-t&.-oa Bobbi orporarc Sccrctary GLSrSTC000996021 Page 1 ol 1 Accident Fund General Insurance Company 200 Nonh Grand Avenue r Lansing, MI 48933-1288 THIS ENDORSEMENT CHANCES TIIE POLICY. PLEASE READ IT CARETULLY. ACCIDENT FUND GENERAL L\_SURANCE COMPANY COMMERCIAL GENERAL LIABILITY FOLICY ADDITIONAL INSURED.OWNERS. LESSEESOR CONTRACTORS This cndorscmcnt modifies insuralce provided undcr lhc followinS: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Additiond Insured: City of Cupcnino, boards and commissions, officcrc, officials, agen$, employces, consultants and volunrccrs ne.iopeted Proigct/LocatioE to which tds eudors€EcBt tpplies-i (lf no cntry appeals above, the information rcquired to completc this endorscme[t will be shown in thc Declarations as applicable ro his endorsement.) A. S€crio! Itr - who Is Ao I6ured is amended ro include as an additional insurcd the person(s) or organization(s) shown in thc Schedule, but only wiu respcct to liability for "bodily injury", "propcrty damage" or "personal and advcrtising injury" caused, in wholc or in pan, by: l. Your acts or omissions; or 2. Thc acts or omissions of fios€ acdng on your behalf: in thc pcrformancc of your ongoing opcrations performcd during thc policy pcriod for thc additional insurcd(s) at thc location(s) dcsignatcd above. B. This insurancc docs not apply to "bodily injury" or "propcrty damage" that takcs placc aftcr, and thc Additional Insulcd's status as an additional insured hcrcunder tcrminatcs, upon thc carlicr of: I. All work, including matcrials, parts or cquipmcnt fruDishcd by thc Namcd Insurcd in cooacction with such work, on thc projcct (othcr than s€rvice, maintcnance or repairs) to bc performed by or on bchalf of the additional insured(s) at th. location of thc covcrcd operations has been completed; or 2. That ponion of'rour work" out of which Ue injury or damage alises has bcen put to its intcndcd use by any person or organization othcr than another contractor engagcd in performing operations for a principal as pan of thc samc project. Coverage for aIly additional insured is govemed by the tcrms, cooditions, and exclusions of this policy and all endorsemcnts, including the Insurirlg ASrecment. Thc coverage provided for aoy addirional insured is only to tre cxtent of and in thc proportion thc additional Insured is hcld liable for the ncgligcnce or strict liability/conducy'acE of the Naocd lnsured. No coveraSe is provided for liability based upon thc ac!s, crrors or omissions of thc Additional Insured. Except as set fonh above, all of $e tcrms, conditions and exclusions of this policy apply and rcmain in cffect. Policy No.: GLSISTC00099602I Accidcnt Fund General Insurance Company Date: 0910112024 By: Timc:I2:01 a.m.t&jd Secretary G-1SrSTC000996021 Srevr Coolar Prerirlenr Bobbi El Page t of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION BY US­CERTIFICATE HOLDER(S) This endorsement modifleS .-.surance provided under the following SCHEDULE Cortific:ao Holdor(5): City of Cupertino, Board and Commissions, officers, Officials, agents, employees, consultants and volunteers. General Liability coverage applies on a Primary and Non-Contributory basis. Notice of Cancellation Provision in place -In Favor of the Certificate Holder for General Liability -Auto Policy -Workers Compensation Insurance. Section XXIII. CONDITIONS. 4. Cancellation IS amended by the addition � the followmg: I If we cance4 this Policy before t � e xpwabOn da1e � reof, we will mail JO days Wtttt en nQ ice ( 10 days for non-paymel'l d Pf\mtt.rn) to the Certificate Hlotdar(s) ildicated il the SCHEDULE above. ALL OTrlER TERMS AHO CONDITIONS 0: THI: POLICY Rf.MA.IN LNCHANGEO. Policy # GLSISTC000996021 POLICY NUMBER: GLSISTC000995022 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Alvernaz Construction Endorsement Effective Date: 09/01/2024 SCHEDULE Name Of Person(s) Or Organization(s): City of Cupertino, boards and commissions, officers, officials, agents, employees, consultants and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. Change effective 09/01/2024 CA 20 48 10 13 Accident Fund General Insurance Company © Insurance Services Office, Inc., 2024 Page 1 of 1 POLICY NUMBER: GLSISTC000995022 Change effective 09/01/2024 CA 20 48 10 13 Accident Fund General Insurance Company © Insurance Services Office, Inc., 2024 Page 1 of 1 Policy # GLSISTC000995022 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of Rights Of Recovery Against Others To Us, of the CONDITIONS Section: 5.Transfer Of Rights Of Recovery Against Oth­ ers To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver ap­ plies only to the person or organization desig­ nated in such contract. CA T3 40 0215 e 2015 All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION BY US­CERTIFICATE HOLDER(S) This endorsement modifleS .-.surance provided under the following SCHEDULE Cortific:ao Holdor(5): City of Cupertino, Board and Commissions, officers, Officials, agents, employees, consultants and volunteers. General Liability coverage applies on a Primary and Non-Contributory basis. Notice of Cancellation Provision in place -In Favor of the Certificate Holder for General Liability -Auto Policy -Workers Compensation Insurance. Section XXIII. CONDITIONS. 4. Cancellation IS amended by the addition � the followmg: I If we cance4 this Policy before t � e xpwabOn da1e � reof, we will mail JO days Wtttt en nQ ice ( 10 days for non-paymel'l d Pf\mtt.rn) to the Certificate Hlotdar(s) ildicated il the SCHEDULE above. ALL OTrlER TERMS AHO CONDITIONS 0: THI: POLICY Rf.MA.IN LNCHANGEO. Policy # GLSISTC000995022 Alvernaz Construction McClellan Ranch Field Fence Replacement Final Audit Report 2025-03-06 Created:2025-03-05 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAT9EL-LpldAKV_ZVrg5VnbSVBSeGLLZQL "Alvernaz Construction McClellan Ranch Field Fence Replacem ent" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-03-05 - 11:55:30 PM GMT- IP address: 35.229.54.2 Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval 2025-03-05 - 11:57:19 PM GMT Email viewed by Jindy Gonzalez (jindyg@cupertino.org) 2025-03-05 - 11:57:30 PM GMT- IP address: 52.202.236.132 Document approved by Jindy Gonzalez (jindyg@cupertino.org) Approval Date: 2025-03-05 - 11:58:04 PM GMT - Time Source: server- IP address: 174.85.102.16 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-03-05 - 11:58:08 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-03-05 - 11:58:15 PM GMT- IP address: 52.202.236.132 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-03-06 - 0:04:02 AM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to michaelalvernaz@alvernazconstruction.com for signature 2025-03-06 - 0:04:06 AM GMT Email viewed by michaelalvernaz@alvernazconstruction.com 2025-03-06 - 0:26:24 AM GMT- IP address: 174.87.177.71 Signer michaelalvernaz@alvernazconstruction.com entered name at signing as Michael Alvernaz 2025-03-06 - 0:29:12 AM GMT- IP address: 174.87.177.71 Document e-signed by Michael Alvernaz (michaelalvernaz@alvernazconstruction.com) Signature Date: 2025-03-06 - 0:29:14 AM GMT - Time Source: server- IP address: 174.87.177.71 Document emailed to Floy Andrews (floya@cupertino.gov) for signature 2025-03-06 - 0:29:18 AM GMT Email viewed by Floy Andrews (floya@cupertino.gov) 2025-03-06 - 0:29:27 AM GMT- IP address: 52.202.236.132 Document e-signed by Floy Andrews (floya@cupertino.gov) Signature Date: 2025-03-06 - 7:57:36 PM GMT - Time Source: server- IP address: 24.6.67.144 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2025-03-06 - 7:57:40 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2025-03-06 - 7:57:56 PM GMT- IP address: 52.202.236.132 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2025-03-06 - 9:36:50 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-03-06 - 9:36:54 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-03-06 - 9:37:01 PM GMT- IP address: 52.202.236.132 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-03-06 - 10:05:04 PM GMT - Time Source: server- IP address: 73.241.178.249 Agreement completed. 2025-03-06 - 10:05:04 PM GMT