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04-033 Ross McDonald Companyr .. ~=~;~ ~ r~. RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 BRENDA DAM S SANTA CLARA COUNTY RECORDER Recorded at the request of City WIIIII~W`~~IIIII~Vn~lll!N'~~ a '9 "°° RDE # 010 2/28/2905 10 94 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOV. CODE 6103 CERTIFICATE Ole COMPLETION AND NOTICE OF ACCEPTArfCE OF COMPLETION CIVIC CENTER AND LIBRARY BO~~K-STACK SHELVING PROJECT PROJECT N0.2003-OS ~~~ a Original O For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION ANI) NOTICE OF ACCEPTANCE OF COMPLETION CIVIC CENTER AND LIBRARY BOOK-STACK SHELVING PROJECT, PROJECT N0.2003-05 NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and Ross McDonald Comp~~ny, Inc. on April 19, 2004 in accordance with the plans and specifications for said work, hive been completed to my satisfaction and acceptance of completion was ordered on February 15, 2005. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all a~s more particularly described in the plans and specifications for said project. ~~ ~uul~ Director of Public Works and City Engineer of the City of Cupertino Date: February 16, 2005 Printed on Re~:ycled Paper VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under thE; laws of the State of California, that the foregoing is true and correct. Executed on the 23rd day of February, 2005 .at Cupertino, California. Administrative Clerk City of Cupertino .;_-~ - ~: Project No.2003-OS DOCUMENT 00520 AGREEMENT P/T#: ~] -~,~ J THIS AGREEMENT, dated this ~l day of 't , 2004, by and between Ross McDonald Company, Inc. whose place of business is located at 6776 Preston Avenue, Suite B, Livermore, CA 94551-9430. ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, awarded on the 17~' day of February, 2004 to ~_he Contractor the following Project: follows: PROJECT NUMBER 2003 - 05 CIVIC CENTER AND LIBRARY PROJECT -BOOK STACK SHELVING NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Terry W. Greene AIA, City Architect, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsit~ilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting a:. City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor oblil;ations to City, including without limitation, all releases and indemnities. 2.2 City has designated David Marks of Nova Partners, Inc. to act as Construction Manager. City may assign all or part of the City Representative's rights, responsibilities acid duties to Construction Manager. City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.3 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 1030 Torre Avenue, Cupertino, California 95014 or to ;such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. Contractor shall commence Work on the date established in the Notice to Proceed. City reserves the right to modify or alter the Commencement Date of the Work. Contractor shall achieve Substantial Completion within 40 Days from the date when the Contract Time commences to run as provided in Document 00700 I General Conditions). City of Cupertino Civic Center & Library Project -Book stack shelving 12/12/03 00520 - 1 Agreement Project No.2003-OS Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 01770 (Contract Closeout) within 60 Days from the date when the Contract Time commences to run as provided in Document 00700 (General Conditions). 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence in this Agreement and that City will suffer financial loss in the form of Contract administration expense; (such as Project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Article 15 of Document 00700 (General Conditions), Contractor and City agree :hat because of the nature of the Project, it would be impractical or extremely difficult to fix the amount ~~f actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $500 for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion 3.2.2 $500 for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved. 3.2.3 Twenty Five Thousand ($25,000) for each ]Cey Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement: of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. 3.2.4 Forty Five Thousand ($45,000) for Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at zany point before Final Completion, for any reason whatsoever, that Contractor fails to demonstrate to City's satisfaction is beyond Contractor's control. These measures of liquidated damages for shall apply cumulatively and except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by Others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and. defense costs thereof. City of Cupertino Civic Center & Library Project -Book stack shelving 12/12/03 00520 - 2 Agreement Project No.2003-OS Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum of Four Hundred Thirty Nine Thousand Two Hundred and Forty Eight Dollars and No Cents ($ 439,248.00) for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: Marked "EXHIBIT A". The Contract Sum includes the base bid and Alternate No. 1. BASE BID $ 418,440.00 Alternate No. 1 $ 20,808.00 TOTAL CONTRACT $ 439,248.00 [ATTACHMENT] Article 5. Contractor''s Representations In order to induce City to enter into this Agreement, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and prol;rams incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as- built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions ~ of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, Underground Facilities and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); rind no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents an~i as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. City of Cupertino Civic Center & Library Project -Book stack shelving 12/12/03 00520 - 3 Agreement Project No.2003-OS 5.7 Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, agreement, order or decree binding on Contractor. 5.8 Contractor has listed the following Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seg.: See attachment marked "EXHIBIT A" Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00510 Notice of Award Document 00520 Agreement Document 00530 Insurance Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of A:Zy and All Claims Document 00660 Substitution Request Form Document 00670 Escrow Bid Documents Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Supplementary Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Specifications City of Cupertino Division 1 General Requirements dated 12/12/03 sections 0110, 01200, 01250, 0135, 01320, 01330, 01350, 01410, 01411, 01420, 01455, 01500, 01540, 10600, 01715, 01740, 01770, 01780 Technical Project Specifications Sections 06400, 09721, 09920; 11054, 16500, 16501 as prepared by SMWM Architecture and Interiors dated December 12, 2003. Drawings - A0.05, A12.10, A12.11, A12.12, A12.13, A2.10, A12.21, AL1.01 6.2 There are no Contract Documents other than those li:~ted in this Document 00520, Article 6. Document 00320 (Geotechnical Data and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Agreement are defined in Document 00700 (General Conditions) and Section 01420 (References and Definitions) and will have the meaning indicated thf;rein. 7.2 It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. City of Cupertino Civic Center & Library Project -Book stack shelving 12/12/03 00520 - 4 Agreement Project No.2003-OS 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers anti agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 1 X5700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wag~:s for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, and shall be made available to any interested party on request. Pursuant to Section 1861 oi'the Labor Code, Contractor represents that it is 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-insuranc;e in accordance with the provisions of that Code, and Contractor shall comply with such provisions before ~~ommencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Agreement or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Agreement and the Contract Documents may be deemed valid and binding agreements, enforceable in accordance with their terms to the gre~itest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Agreement and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, and Chapter 5. City of Cupertino Civic Center & Library Project -Book stack shelving 12/12/03 00520 - 5 Agreement Project No.2003-OS IN WITNESS WHEREOF the parties have executed this Agreement in triplicate the day and year first above written. CITY OF CUPERTINO CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of the Ross McD Company Inc. State of California By: [Signature] Attest: ' City Clerk Approved as to form by City Co sel: City Attorney Robert Schmidt [Please print name here] Vice President Title: [If Corporation: Chairman ,President, or Vice President] By: [Signature I hereby certify under penalty of perjury that David W. Knapp of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino by a majority vote of the City Council on February 17, 2004. Dated: ~ • ~ ~ ~ David W. Knapp, City Manager of th Ci of Cupertino, a Municipal Corporation of the State of California Designated Representative: Cindy Anderson [Please print name here] Title: Secretary [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] 314333 Bl, D24 State Contractor's License No. Classification May 31, 2004 94-2301564 Expiration Date Taxpayer ID No. Name: Terry Greene Name: Robert Schmidt Title: Senior Architect Title: Vice President Address: 10300 Torre Avenue Address: 6776 Preston Avenue, Suite B Livermore, CA 94551 Phone: 408-777-3354 Phone: 9 2 5- 4 5 5 -16 3 5 Facsimile: 408-777-3333 Facsimile: 925-373-1227 PROJECT NAME: CIVIC CENTER & LIBRARY PROJECT - BOOK STACK SHELVING NOTARY ACKNOLEDGMENT IS REQUIRED. IF A PROJECT NO. 2003-OS CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDGEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED CONTRACT AMOUNT: $ 439,248.00 ACCOUNT NUMBERS: 423-9222-9300 FILE NO : 51,203.07N END OF DOCUMENT City of Cupertino Civic Center & Library Project -Book stack shelving 00520 - 6 12/12/03 Agreement CALIFORNIA ALL-PURPOSE ACKN0INLEDGMENT State of California ~ r SS. County of __~ n ~.j;= ~)~ On ~ 1ht~(~ r{c~~~, before me, / r ~t~(~~l_~.~'~~~~/1Z>'~~1.~, l~ ~;`>-~7lc~sf Date /' 1 ~ Name and Titje.nt Officer (e.g., "Jane Doe, Notary ~Pu lic~-/ personally appeared ~~ J AAARG^REf L. GAS.SMAN Commission # 1326211 ~ Notary Public -California Z Alameda County ~ 11Ay Gomm. Esquires Od 20, 2005 tit Name(s) of Signer(s) [~~personally known to me C proved to me on the basis of satisfactory el/idence to be the person-j~, whose name(s~ +s/are subscribed to the within instrument and acknowledged to me that he/~e/th_y_executed the same in his~#er/their authorized c~cpacit ies), and that by hi~s><#er/their si~anature s on the instrument the person(s~, or the entity upon behalf of which the person(sL acted, executed the instrument. WITNESS my hand and official seal. ,~ -~ ~g/ , / , ~? Place Nota Seal Above 1 `J~~ "' /~ /~f " '~~ ~ `~~~~~~C(l~ ~ ~ rY -, ~ ~ Signature of Nota~Public OPTIONAL Though the information below is not required bylaw, it m~ly prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docume~~yt _ Title or Type of Document: ~ '1 ~~~(~t- ~= ~) ~~fV J Document Date: _ Number of Pages: Signer(s) Other Than Named Above: ~ ~ L y ;~`~~ . L (~ c ~_/'t ~C> ~,~ C \; Capacity(ies) Claimed by Signer Signer's Name: _ ^ Individual _ • .-- r ~ / Top of thumb here Corporate Officer -Title(s): ~ ,/ , r'. Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: r _ Signer Is Representing: ~i5-~ ~ ~, (v 1,~'~~,' ~Li,> ~, ~ t> ,_L~. ~rL © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ~I ~~ ~I~• ~-~ III l ~j li ~ II i~~-,~~' ' !II1\~ ~',~ i~ ROSS McDONALD COMPArJY, INC. SHELVING SYSTEMS AND LIBRARY FURN:[SHINGS 6776 Preston Avenue, Suite B Livermore, California 94551-9430 Phone: (925) 455-1635 • Fax: (925) 373-1227 January 22, 2004 Terry W. Greene, AIA City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mr. Greene: ~Jtl-IIBIT ~ Thank you for the opportunity to provide a bid for the Cupertino Civic Center and Library Project - Bookstack Shelving. Our bid is enclosed. We have provided a bid for Estey L brary Bookstacks and custom end panels provided by the Worden Company. Please be assured that if chosen to perform this work, we will do all we can to ensure a successful and smooth-running project. Please don't hesitate to contact us with any questions or comments. ~~est Regards, THE OSS McDONALD COMPANY, iNC. ~'obert Schmidt ~~ice President Project No. 2003-OS DOCUMEI\T 00400 A EXHIBIT A SID FORM CITY CIVIC CENTER & LIBRARY PROJECT -BOOK STACK SHELVING PROJECT rJo. 2003-05 Office of the City Clerk City of Cupertino, City Hall 10300 Torre Avenue, (=upertino, CA .95014 'P To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders), paragraph 1. TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID IS SUBMITTED BY: Ross McDonald Co., Inc. (Firm/Compa.ny Name) Re: PROJECT NUMBER 2003-OS -CIVIC CEI\fTER & LIBRARY PROJECT -BOOK STACK SHELVING 1. The undersigned Bidder proposes and agrees, if this F~id is accepted, to enter into an agreement with the City of Cupertino ("City") in the form included in the Contract. Documents, Document 00520 (Agreement), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed. before the bid is submitted. Failure to do so will result in the bid being rejected as non-responsive. 2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100 (Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening. 3. In submitting this Bid, Bidder represents: (a) Bidder has examined all of the Contract Documents and the following Addenda (receipt of all of which is hereby acknowledged). ~'~ City of Cupertino Civic Center & Library Project -Book stack shelving 00400 A - 1 Bid Form 12/ 12/03 01/18/2004 09:02 FA% 650 324 5327 NOVA PARTNERS INC ® ~ 006/010 ' Project No. 2003-OS (b) Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations. and analysis and given norices, resarding the Project and the Site, as set forth in Document {}020 (Agreement}, Article 5. (c} Bidder has received and examined copies of the following technical specifications on City-provided, Contractor-installed equipment. (N/A) (d) Bidder has given City prompt written notice .if all conflicts, errors, ambiguities, or discrepancies that it has discovered in or amens the Contract Documents and as-built drawings and actual conditions and the written resoluiion thereof through Addenda issued by City is acceptable to Contractor. (e) Bidder has attended Pre-Bid meeting on January 8th, ?004 YES X NO _ 4. Based on the foregoing. Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the fallowing sums of money listed in the following Schedule of Bid Prices: SCHEDULE OF IsID PRICES All Bid items, including lump sums and unit prices, must be filled in completely. Bid items are described in Section 01 i00 (Summary of Work). Quote in figures only, unless words are specifically requested. UNIT ITEM DESCRIPTION UNIT PRICE TOTAL LUMP SUM BASE BID TOTAL -Civic +~enter Lump $ and Library Projeci -Book stack shelving Sum 418 ; 4 4 0.0 0 TOTAL BASE BID PRICE Four hundred eighteen thousand,, four hundred forty __dollars . AA ~~ (Words) ~1.. , City of Cupertino Civic Center & Library Project -Book stack shelving 00400 A - 2 Bid Form Addendum No. -1/151(!4 O1/16/20U4 09:02 FA% 650 324 5327 NOVA PARTNERS INC 1~j007/010 EXHIBIT A DEDUCTIVE ALTERNATES Project No. 2(X13-OS ITEM DESCRIPTION UN1T UNIT TOTAL S PRICE 1. Alternate Item No. l -Install new book shack ` S 2 0 , 8 0 8 . 0 0 shelvins in lieu of owner furnished contractor installed as depicted on contract drawinass. Please indicate add or <deduct> 2. Alternate No. 2 -Delete the installation o:f all owner $< 3 , 8 5 0 . 0 0 ~ furnished book stack shelving as depicted on the con#ract drawings 3. Bidder to provide the following unit pricing: a. Add 91)" high double face shelving end panel 5 8 5 . 0 0 b. Deduct 911" high double face shelving end panel (5 8 5 . 0 0 ) G Add 9Q"high double face shelving end panel : 4 7 0 . 0 0 d. Deduct 90" high double face shelving end panel (4 7 0 . 0 0 ) Unit pricing to be held throughout the duration of project for future additive or deductive change requests. Unit prices shall include furnish and installation and ail mark ups. Owner ma;v elect to delete all or some end panels using above unit pricing ~~ 5, No Additional time will be permitted for acceptance of Bid Alternates Subcontractors, for work included in alt Bid items, are listed on the attached Document 0043(1(Subcontractors List j. The undersigned Bidder understands that City reserves the right to reject this Bid. 7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in F~aragraph 2 of this Dvcument (~4(X)A or at any other time thereafter before it is withdrawn. the undersigned Bidder will execute and deliver the dvcuments required by Dvcument 00200 tInstructivns to Bidders] within the times specified therein. These dvcuments include, but are not limited to. Document 00520 (Agreement), Document 0(1610 (Construction Performance Bond), and Document 00620 (Cvnstruction Labor and Material Paymem Bond). $. Notice of Award or request for additional information may be addressed tv the undersigned Bidder at the address set forth below. 9. The undersigned Bidder herewith encloses cash. a cashier's check, or certified check of or on a responsible bank in the United States, yr a corporate surety bond furnished by a surety authorized tv do a surety business in the State of California, in form specified in Document (X1200 (Instru.ctions to Bidders), in the amount of ten percent (I O~/c•) of the total of the Base Bid, plus Alternates, and made payable to the "City of Cupertino". lU. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 007(X) (General Conditions) and to comptete all work within the time specified in Document (X)520 (Agreement]. The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the rig*ht to perform independent work at the Site. the extent of such work tnay not be determined antic after the openin_T of the Bids, and City of Cupertino Civic Center & Library Project -Book stack shelving ()0400 A. - 3 Bid Form Addendum No. - 1/15/04 ~~'B~ 0 ~ Project No. 2003-OS 13. The names of all persons interested in the foregoing Bict as principals are: __ (IMPORTANT NOTICE: If Bidder or other interested. person is a corporation, give the legal name of corporation, state where incorporated, and names of president and secretary thereof; if a partnership, give name of the firm and names of all individual co-partners composing the firm; if Bidder or other interested person is an individual, give first and 7as[ names in full). ` NAME OF BIDDER: Ross McDonald Co . , Inc . licensed in accordance with an act for the registration oi' Contractors, and with license number: 314 3 3 3 Expiration: May 31 , 2 0 0 4 California- Garen McDonald, President Where incorporated, if applicable Robert Schmidt, Vice President Cynthia Anderson, Secretary Principals I certify (or declare) under penalty of perjury under the laws of the e of Califo 'a,Ih foregoing is true and - correct. / ' Signatwe of Bidder NOTE: If Bidder is a corporation, set forth the legal name of she corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. Business Address: Officers authorized to sign contracts: Telephone Number(s): Fax Number(s): Date of Bid: 6776 Preston Avenue, Suite B Livermore, CA 94551 Garen McDonald, President Robert Schmidt, Vice President Cynthia Anderson, Secretary 925-455-163 925-373-1227 January 22, 2004 )=:ND OF DOCUMENT City of Cupertino Civic Center & Library Project -Book stack shelving 00400 A - 4 12/12/03 Bid Form EXHIBIT A Project No.2003-OS DOCUMEN'C 00410 A SUBCONTRACTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract. Sut~contractor's Subcontractor's Mailing Subcontractor's Full Name of Description of Subcontractor's License Address Phone Number Subcontractor Work Number None City Of Cupertino Civic Center &Library Project -Book Stack Shelving 12/12/03 00410 A- 1 Subcontractors List ' Project No. 2003-OS EXHIBIT A DOCUMENT 00420 A NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 NON-COLLUSION AFFIDAVIT TO BE EXECUT]?D BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ss. COUNTY OF Alameda ) (Robert Schmidt 1, .being first duly sworn, deposes and says that he or she is Vice President [Office of Affiant] of Ross McDonald Co . , Inc .[Name of Bidder], the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that. Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any ad~~antage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid ai~e true; and further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation; partnership, ~;ompany association, organization, Bid depository, or to any ~ member or agent thereof to effectuate a collusive or sham- Bid. "' Executed under penalty of perjury under the laws of the State of California: Ross McDonald Co. , Inc. (Nar~efJe. of Bidders ,., (Signature of Subscribed and sworn before me 0 Y/~ ~~~ f~ C 1~ ~ ~~ l~ r'~~ .S ~1?~'t ~7 ~l ,, - This ~~ ~/ of ^~~~ ~.' , 20 G~ (JIARGAREI' L. C~ASSMAN r' Commission # 1328211 Z Notary Public of the State of ~~L- //' , ~/~ _ Z Notary Public -California In and for the County of l-~L)1~ _ = Alameda County My Commission expires / L~ /~~' /~S~ _ (Seal) RAYCort'rn_F~in3sOd20~2005 ~. (If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.) (If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.) (If Bidder's affidavit on this form is made outside the ~~tate of California, the official position of the person taking such affidavit shall be certified according to law.) END OF DOCUMENT City of Cupertino Civic Center & Library Project -Book Stack Shelving 12/ 12/03 00420 A-1 Non-Collusion Affidavit - Project No. 2003-OS - ~~~' ~ ~~ DOCITMENT 00430 A Bid Bond KNOW ALL BY~THESE PRESENTS: - That the undersigned [THE ROSS McDONALD CO-f as-Pnncipal and the undersigned as Surety are held and firmly bound unto the CITY OF CUPERTINO, a Municipal Corporati~an of the State of California ("City"), as obligee, in the penal sum of f TEN PERCENT OF AMOUNT BID 1 Dollars [($_ 107 1] lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said. Principal SHE ROSS McDONALD CO ]'s base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is submitting a Bid for City Project Number 2003-05, CIVIC CENTER AND LIBRARY BOOK STACK SHELVING PROJECT. THE CONDITION OF THIS OBLIGATION IS SUCK that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond.. Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under Document 00200 (Instructions to Bidders), then this obligation shall be void, otherwise to remain in full force and effect IN WITNESS WHEREOF, the above bounden parties have executed this instrument this f 16th 1 day of [. JANUARY 1; 2004. THE ROSS McDONALD COMPANY (Corporate Seal) By Principal ' GRE AMERICAN INSURANCE COMPANY Surety (Corporate Seal) By / ~ /~ Attorney in Fact END OF DOC:UMEN'T City of Cupertino 00430 A- 1 Bid Bond Civic Center & Library Project -Book Stack Shelving 12J12/03 EXHIBIT A GiFiV ANERIC~-N WSURrWCE GOMP~WY 580 WALNUT STREET • CINCINNATI, OHIO 45202.513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13352 TWO POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GRf:AT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations its the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this <<uthority shall not exceed the limit stated below. Name Address Limit of Power GREG McCARTNEY BOTH OF BOTH JAMES E. Mc GOVERN BEL~FMpONRT,A UNLIMITED This Power of Attorney revokes all previous powers issued ire be~aIf-oI~he attorney(s)-in-fact named above. IN W ITNESS WHEREOF the GREAT AMERICAN INSU F;ANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this :L4th day of April , 19 94 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 14th day of April, 1994 ,before me personally appeared GARY T. DUNBAR, to me known, being duly sworn, deposes and says that he resided in Cincinn~di, Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the .above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed leis name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute on behalfof the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written oblrgations in the nature thereof,• to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when so used-being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1,"1993 have not been revoked and are now in full force and effect. Signed and sealed this 16th day of JANUARY , X~X 2004 S 1029 P (4193 ) EXHIBIT' A State of California County of San Mateo On JANUARY 16 ~ 20~+efore me, Cindy L. Jarvis personally appeared Greg McCartney (x) personally known to me -or- proved to me on the basis of satisfactory evidence to be the person(s) whosf; name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed their name in his/her/their authorized capacity(s) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. .. ~z~ ~ -. ~~'-i CamT~ saor~ = 1311352 =• ` No?ory FU`~jiC - Coiifi~~~i~ I ~ ~ ~ ~~ S-an Mc~~-o Cc,u~nfy '~ f'. Optional Information Though the information below is not required ley law, it may prove valuable to persons relying on the document and could prevent fra~.~dulent reattachment of this form. The signer claims to be the attorney-in-fact of the company executing the attached document. Any inquiries regarding the preparation of this document should be directed to: James E. McGovern, Inc. 1625 El Camino Real Belmont, CEO. 94002 (650) 593-8216 EXHIBIT l~ TERRORISM COV]!;RAG1; RIDER NOTICE-DISCLOSURIJ OI' TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the.federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. _ NSA ,effective JANUAxY 16, 2004 In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American ~~Iliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company,) is the surety. ~~ The United States Government, Department of'the Treasury, will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceed:; the applicable insurer retention. This Coverage Part/Policy covers certain losse:s caused by terrorism. In accordance with the federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. E~A 1 ~ ~ ~~ ~ Project No.2003-OS DOCUMEN'C 00440 A INDEMNITY AND RELEASE AGREEMENT Dated January 22, 2004 POTENTIALBIDDER: Ross McDonald Co. , Inc. CTTY: THE CTTY OF CUPERTINO SITE: 10300 TORRE AVENUE, CUPE;RTINO> CA 95014 PROJECT: CIVIC CENTER AND LIBRARY PROJECT -BOOK STACK SHELVING In consideration of the above-referenced City's permittin; the undersigned potential bidder ("Bidder") to have access to, and to conduct investigations, tests and/or inspections on, the Site, Bidder hereby agrees as follows: To the greatest extent permitted by law, Ilidder hereby releases, and shall defend, indemnify and hold harmless City, and its officers, employees, consultants (including without limitation Consulting Engineer), representatives, and agents, and all other parties having any other interest in the Site, against any claim or liability, including attorney's fees, arising from or relating to any Site-related access, investigation, test, insliection and/or other activity conducted by Bidder or any of Bidder's officers, employees, consultants, representatives, and/or agents, regardless of whether claim or liability is caused in part by the negligence of City or by any released and indemnified P~Y• 2. Bidder hereby waives the provisions of ~~alifornia Civil Code Section 1542 which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the tune of executing the release, which if known by him, must have materiall}~ affected his settlement with the debtor. 3. Bidder shall repair any damage to the Site or adjacent property resulting from activities authorized hereunder, and comply with and be subject to all other requirements and obligations described or referenced in Document 00320 (Geotechnical Data and Existing Conditions). 4. Attached hereto (or to be delivered separately before Bidder's visit to the Site) is a certificate for comprehensive general liability insurance satisfying the requirements of Document 00700 (General Conditions). 5. Although this Indemnity and Release A€;reement is not a Contract Document (see Document 00520 [Agreement]), it shall be fully effecrive and binding regardless of whether Bidder submits a Bid for the subject Project, is awarded a contract for the Project, or otherwise. Ross McDonald Co . , In Name of Bidder ~~ a'~ ~~ By: By: Signature Signature Its: Vice President Title (If Corporation: Chairman, President or Vice President) City of Cupertino 00440 A Civic Center & Library Project -Book Stack Shelving 12/12/03 Its: Secretary Title (If Corporation: Secretary, Assistant Secretary, Chief Financial Officer or Assistant Treasurer) Indemnity and Release Agreement B 1 D OPEN 1 N G roiect: - - - -- -- ------ - i oening ate: ------- INFORMATION CIVIC CENTER & LIBRARY PROJECT BOOK STACK SHELVING; PROJECT No. 2003-OS - ---- JANUARY 22, 2004 Department of Public Works Client/Owner: Cit of Cu ertino Project Manager: Terr Greene Bid Opening Time: 4:00 PM enue: L U PE RT I N Q ~ City of Cupertino 10300 Torre Avenue City Clerks Office, City Hall Cupertino, CA 95014 Maximum Bid Amount 5550,000 ENVELOPE A B NO. CONTRACTOR BASE BID AMOUNT ADD ALTERNATES TOTAL wi TOTAL wi ADDENDA BID Bid Sub. COL [Noe M SOQ ALT. #1 ALT. #2 UNIT PRICE 1 IP.VIT PRICE 3 InIT PRICE 3 UNIT PRICE a ALTERNATES#] ALTERNATES#2 1 FOrm BOOB L'ISdn B US. HOPLEY CO. $445,500 $8,900 ($4,500.00) $615 ($440) 5750 (55IO) $454,400 $441.,000 ~ ~ ~ ~ ~ ~ 2 ROSS MCDC}NALD $418,440 $20,808 ($3,850.00) $585 ($585) 5470 0470) $439,248 $41.4,590 ~ ~ ~ ~ ~ ~ ~ 3 T.E. SCHMIDT & SONS $918,654 $9,500 ($14,500.00) $600 (51,100) $928,154 $904,1.54 ~ ~ ~ ~ ~ ~ d ENGINEER'S ESTIMATE $550,000 520,000 ($20,000.00) $570,000 $530,00 NVICJ: ADD Alternate No. l: Install new book stack shelving in Geu of owner furnished contractor installed ADD Alternate No. 2: Dele[e [he installation of all owner furnished book stack shelving Unit Prices: 1 -Add 90"high double face shelving end panel 2- Deduct 90"high double face shelving end panel 3 -Add 90" high double face shelving end panel Dkn\rn. BENJ\c1&d Summary CC 8 Libary Book S1,eNas ReNSetl-&tl Opening Information Page 1 of 1 City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 Web Site: www.cupertino.org OFFICE OF THE CITY CLERK April 19, 2004 Ross McDonald Company, Inc. 6776 Preston Avenue, Suite B Livermore, CA 94551-9430 AGREEMENT Enclosed for your files is a fully executed copy of the agreement with the City of Cupertino. If you have any questions or need additional information, please contact the Public Works Department at (408) 777-3354. Your bid bond is enclosed. Sincerely, Karen Bernard Administrative Clerk Printed on Recycled Paper City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK February 19, 2004 The Ross McDonald Company 6776 Preston Avenue, Suite B Livermore, CA 94550 BID AWARD: C1VIC CENTER AND LIBRARY PROJECT BOOK STACKING SHELVING -PROJECT 2003-05 This letter confirms that at the regular Cupertino City Council meeting of February 17, 2004, your company's bid for the above-stated project was accepted in the total contract amount of $439,248.00. If you have any questions or need additional information, please contact the Public Works Department at (408) 777-3354. Sincerely, ~.~t~'7~1G~' ~~~~~~ Karen Bernard Administrative Clerk cc: Public Works Finance Panted on Recyclf~d Paper