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14-066 Romkon, McClellan Ranch Environmental Education Center & Blacksmith Shop Relocation Bid, Project No. 2012-9133 (2)MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CI-10TY OF CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 10 CUPERTINO DATE: 11/30/15 Contractor: Romlcon, Inc. 1856 Pacific Ave #9 San Francisco, CA 94109 PO #:00058415 Acct#: 420-9133-9300 The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Change City Field No. Authorization Description ($50,000.00) No. 010 Credit for additional costs incurred by the City resulting from the ($50,000.00 Contractor's management of the construction project, in the amount of $50,000.00, which is an offset against remaining funds owed by City. Change Order 010 Page 1 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 10 Total Change Order No. 010 ($50,000.00) Total Project: Original Contract $1,798,000 Change Order No. 1 $8,443.78 $8,443.78 Change Order No. 2 $7,045.19 $7,045.19 Change Order No. 3 $10,190.97 $10,190.97 Change Order No. 4 $1,381.38 $1,381.38 Change Order No. 5 $20,358.58 $20,358.58 Change Order No. 6 $3,936.20 $3,936.20 Directive No. 1 $42,496.75 $42,496.75 Change Order No. 7 $989.51 $989.51 Change Order No. 8 ($21,000.00) ($21,000.00) Change Order No. 9 $769.74 $769.74 Construction Change Directive No. 2 73,674.12 $73,674.12 Construction Change Directive No. 3 5,703.40 5,703.40 Change Order No. 10 ($50,000.00) ($50,000.00) Revised Contract $1,901,989.62 Total Change Orders $103,989.62 Schedule Impact: calendar days Project Final Completion Date: April 15, 2015 REVIEWED BY: aw,4A, y n atx-A L City of Cupertino Carmen Lynaugh City Project Manager Date: f ��11,5 4 Gilbane Building Uompanyo Glenn Rock Project Manager Date: I Ll 2-1 1 f Page 2 APPROVED BY: City of Cupertino Timm Borden Director of Public Works Date: V�-�Z`)J /I Inc. Date: l2/10 Change Order 010 RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27283 �I'�'MYE'�INi�PB�iP'�VP;,N�� 23152353 Pages: 15 Fees.... 5.9E Taxes... Copies, AMT PAID 5.99 REGINA ALCOMENDRAS RDE 4 026 SANTA CLARA COUNTY RECORDER 11/20/2015 Recorded at the request of 11:09 AM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION AND NOTICE OF ACCEPTANCE CITY PROJECT NAME: MCCLELLAN RANCH PRESERVE ENVIROMENTAL EDUCATION CENTER (City Project Number 2012-9133) ,X Original C] For Fast Endorsement CUPERTINO Recording Requested By: When Recorded Mail To: City of Cupertino 10300 Torre Ave. Cupertino, CA 95114 NOTICE OF COMPLETION Civil Code §§ 8182, 8184, 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: The undersigned is the agent of the owner of the project described below. 2. Owner's full name is: City of Cupertino, California. 3. Owner's address is: City Hall, 10300 Torre Ave., Cupertino, CA 95114. 4. The nature of owner's interest in the project is: X Fee Ownership _ Lessee _ Other: 5. Construction work on the project performed on the owner's behalf is generally described as follows: City Project Name MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER (City Project Number 2012-9133) for construction of a building of approx. 2,100 square feet and a covered outdoor area of approx. 1,100 square feet. The building includes three (3) meeting rooms, restrooms, an office space and storage and operations areas. The project also includes the relocation of an existing Blacksmith Shop, accessibility upgrades to existing park restrooms and miscellaneous site improvements. 6. The name of the original contractor for the project is: Romkon, Incorporated; located at 1856 Pacific Avenue, #9, San Francisco, CA 94109 7. The project was accepted as complete, subject to attached exceptions, on: November 19, 2015. 8. The project is located at: 22221 McClellan Road, Cupertino, CA 95114. Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. November 19, 2015; Santa Clara County Date and Place Signature ,,.Timm Borden Director of Public Works and City Engineer E CITY OF CUPERTINO CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014-3266 (408) 777-3354 - FAX (408) 777-3333 NOTICE OF ACCEPTANCE PROJECT NAME: MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION — RE -BID CITY PROJECT NUMBER 2012-9133 Owner: City of Cupertino Direct Contractor: Romkon, Inc. 10300 Torre Avenue 1856 Pacific Avenue, #9 Cupertino, CA 95114 San Francisco, CA 94109 Site Location: 22221 McClellan Road Cupertino, CA 95114 Work Description: Construction of a building of approx. 2,100 square feet and a covered outdoor area of approx. 1,100 square feet. The building includes three (3) meeting rooms, restrooms, an office space and storage and operations areas. The project also includes the relocation of an existing Blacksmith Shop, accessibility upgrades to existing park restrooms and miscellaneous site improvements. Contract Date: April 24, 2014 Date of Project Acceptance: November 19, 2015 NOITCE IS HEREBY GIVEN THAT I, David Brandt, City Manager of the City of Cupertino, California, do hereby certify that the improvements performed at the referenced site and as described above and in the referenced contract, which was entered into, by, and between the City of Cupertino and the Direct Contractor on the date noted above, in accordance with the plans and specifications for said __„ .--Work,.have_.beeii.completed to _tlze City s satisfaction. _ subject to. exceptions for incomplete'.woxk.as listed in Attachment A hereto, and accepted as noted above. David Brandt City Manager November 19, 2015 Date McClellan Ranch Environmental Education Center Blacksmith Shop Relocation - Rebid Closeout Checklist Type Spec Section Description Quality Assurance Control Submittals 00700 4.2 Test Reports, Certificates, Manufacturers Instructions, Material Safety Data Sheets, Installation, Operations and Maintenance Manuals (see page 700-48) (NOTE: 0&M manuals are to be placed in binders per spec.) Control of Materials 00700 5.1 Source of Supply and Quality of Materials Control of Materials 00700 5.6 Certificates of Compliance Project Record Documents 00700 7.13.A Project Record Drawings (As -Built) and all Project Record Drawing requirements per specification. As part of the project record drawings and per the submittal responses; provide illustration that "Make Correction" items were completed. Project Record Documents 00700 7.13.B Project Record Specifications Project Record Documents 00700 7.13.0 Additional Requirements for Final Project Record Documents Project Record Documents 00700 7.13.D Project Record Product Data Project Record Documents 00700 7.13.E Miscellaneous Project Record Submittals Project Record Documents 00700 7.13.E Recording Project Record Documents 00700 7.13.G Submittal Inert Solids and Plant Materials Recycling 00700 3.13 recycling records, landfill disposal records Special Conditions 00800 1.25 drawings and specs (refer to 00700.7.13 above) Special Conditions 00800 1.28 recycling records, landfill disposal records (refer to 00700.3.13 above) _ Special Environmental Conditions 00820 1.03 and 1.05 Training records Arborist Report 00823 6.a Arborist Final Report: Tree observation and inspection report(s) not provided. Provide close-out report. Temporary Water Pollution Control 00824 Contractor shall include additional documents for Appendices C, F, H and N when they are available. (Per Submittal 08 response) Self Adhering Sheet Waterproofing 07 13 26 1.02.1) Warranties Self Adhering Sheet Waterproofing 07 13 26 1.06.A Manufacturer - 5 year manufacturer warranty Self Adhering Sheet Waterproofing 07 13 26 1.06.13 Contractor - 2 year installation warranty Thermal Insulation 072100 1.02 B.1 Insulation materials comply with the California Quality Standards for Insulating Material. Thermal Insulation 072100 1.02 B,2 Batt insulation contains no urea formaldehyde binder. Metal Roof Panels 07 41 13 1.06.A EEC Roof: Provide a manufactures 20 year NDL warranty for entire STANDING SEAM roofing system, warrant _ ng that roofing system will not leak water, deteriorate, or otherwise fail to perform as required. (Per Substitution Request and CCO 4) Metal Roof Panels 07 41 13 1.06.A Blacksmith Shop Roof: Provide AEP Span DuraTech 5000 Material and Finish Warranty (30 year warranty for paint finish, 25 year warranty for metal panels). (Per Substitution Request and CCO 4) 11/18/2015 1 of 11 McClellan Ranch Environmental Education Center Blacksmith Shop Relocation - Rebid Closeout Checklist Type Spec Section Description - -- --- Metal Roof Panels 07 41 13 1.063 EEC Roof: Provide warranty far Contractor and Subcontractor jointly guarantee for a period of 5 years from the date of the final acceptance that the STANDING SEAM metal roof panels shall be free of defects in material and installation and that they will not leak water, deteriorate or otherwise fail to perform as required. (Per Substitution Request and CCO 4) Metal Roof Panels 07 41 13 1.06,6 Blacksmith Shop Roof: Contractor and subcontractor jointyly guarantee for a period of 5 years from the date of final acceptance an Installer's Warranty for this panel type. (Per Substitution Request and CCO 4) Mineral Fiber Cement 07 46 46 1.07.A Warrant for a period of 2 years from the Date of Completion that the siding shall be Siding free of defects in material and workmanship and that it will not leak water, deteriorate, or otherwise fail to perform as required. Thermoplastic -polyolefin 07 54 23 1,06.A Provide manufacturer's Total System Warranty covering labor and materials for a Roofing period of twenty (20) years from Date of Completion. Include coverage of materials and installation, and resultant damage resulting from failure to resist penetration of moisture. Thermoplastic -polyolefin 07 54 23 1.06.B Warrant system against wind damage for up to 60 mph design wind speed for Roofing mechanically attached insulation, and for up to gale force winds for adhered insulation. Fire stopping 07 84 00 1.03.A Shop Drawings Fire stopping 07 84 00 1.03.8 Product Data Fire stopping 07 84 00 1.03.0 Qualifications Data Fire stopping 07 84 00 1.03.D.1 Submit manufacturers certificates of compliance that the materials meet the requirements specified. Fire stopping 07 84 00 1.03.D,2 Submit a statement from applicator of fire stopping systems that each system has been accepted by local governing agencies for each specific condition on Project... Fire stopping 07 84 00 1.03.D.3 Research/Evaluation Reports: Submit for each type of fire -resistive joint system showing compliance with ICC Evaluation Service AC30. Joint Sealants 07 92 00 1.05.A Provide ten (10) year warranty. Include coverage of installed sealants and accessories which fail to achieve air -tight and water -tight seal, exhibit loss of adhesion or cohesion, or do not cure. Wood Doors 08 14 00 1.02 B,1 Submit Certificates of Chain of Custody Wood Doors 081400 1.02 D.2 Woodwork Institute (WI) Certified Compliance Certificate: Submit WI Certified Compliance Certificate for all work and materials specified herein, identifying the products to be furnished and certifying they meet the requirements. Folding Doors 0835 13 1.02.D Submit maintenance manual including information on operation and maintenance of systems. Aluminum Framed 08 41 12 1.05 Warrant for a period of five years from the Date of Substantial Completion that the Entrances entrances shall be free of defects in material and workmanship and will no leak water, deteriorate excessively, or otherwise fail to perform as required. Wood Windows 08 52 00 1.05 Warrant each window against defects in materials and workmanship of the life of the installation. Warranty shall include the costs of rehanging and finishing Door Hardware 087100 1.06 Provide extended warranty for the following hardware items in accordance with the requirements of Division 1. Warrant that hardware shall be free of defects in material and workmanship and that it will not deteriorate excessively or otherwise fail to perform as require. 1. Hinges: Life of building. 2: Door Closers: Life of building. 3: Locks: Five years Glazing 08 80 00 1.02.0 Certification that glazing materials conform to all applicable requirements of CPSE and the CBC 11/18/2015 2 of 11 McClellan Ranch Environmental Education Center Blacksmith Shop Relocation - Rebid Closeout Checklist Type Spec Section Description Acoustical Ceilings 09 51 00 1.05.A.2 Extra Materials: Grid Runners: One (1) percent of each type, but not less than two pieces of main runners 10 feet long and ten pieces of cross runners 4 feet long. Resilient Base and 09 65 13 1.02 D Submit manufacturers cleaning and maintenance data Accessories Resinous Flooring 09 67 23 1.02 D Submit manufacturers written instructions for recommended maintenance practices Operable Partitions 10 22 26 1.03.F Submit a minimum of three copies of available instruction manuals to the City's representative Operable Partitions 10 22 26 3.03.A.1 The Project's acoustical consultant will examine flanking paths through the surrounding building construction to determine that they will not significantly affect the performance of the operable partitions. The project acoustical consultant shall perform the necessary testing. Operable Partitions 10 22 26 3.03.A.2 The manufacturer or his representative shall be on hand to observe the field testing and to make partition adjustments as required. Cost of the field tests will be the responsibility of the operable partition manufacturer, Site Furnishings 113100 1.02.1) Operation and Maintenance Data: Include data on care of finished surfaces. Fire Protection (Design 21 00 00 1.6.A.1 Fire Protection Contractor shall guarantee the following: All equipment, material, Build) and workmanship against all defects in material and workmanship for a period of one (1) year from final acceptance or beneficial use, whichever comes first. The Fire Protection Contractor shall furnish written guarantee to replace all defective work and materials furnished under this Section, at no cost to the Owner, for this one (1) year period. Fire Protection (Design 21 00 00 1.6.A.2 Fire Protection Contractor shall guarantee the following: That all equipment and Build) material shall produce the results specified. Fire Protection (Design 21 00 00 1.6.0 The warranty shall not include standard maintenance items nor repairs or Build) replacement of equipment damaged as a result of misuse, abuse, or lack of proper maintenance, Testing Piping Systems 22 08 13 1.3.A.1.h Test Reports (for pneumatic/hydronic piping): Submit test results within 10 working days of successful test. Plumbing Piping 22 1005 1.4.1) Project Record Documents: Record actual locations of valves. Plumbing Piping 22 1005 1.4.E Field quality -control test reports. Plumbing Piping 22 1005 1.4.G Welding certificates. Plumbing Piping 22 1005 1.6.0 Provide certificate of compliance from authority having jurisdiction indicating approval of installation of backflow prevention devices. Plumbing Piping 22 1005 3.12.13 Sanitary, Waste and Vent Piping test reports Plumbing Piping 22 10 05 3.12.0 Domestic Water Piping test reports Plumbing Piping 22 1006 1.4.0 Field quality -control test reports. Specialties Plumbing Piping 22 10 06 1.4.D Operation and maintenance data Specialties...____.___ - Plumbing Piping 22 10 06 1.4.G Project Record Documents: Record actual locations of equipment, cleanouts, Specialties backflow preventers, water hammer arrestors valves. Plumbing Piping 22 10 06 1.4.H Maintenance Data: Include installation instructions, spare parts lists, exploded Specialties assembly views. Plumbing Equipment 22 30 00 1.3 E Warranty: Submit manufacturer warranty and ensure forms have been completed in City's name and registered with manufacturer. 11/18/2015 3 of 11 McClellan Ranch Environmental Education Center Blacksmith Shop Relocation - Rebid Closeout Checklist Type Spec Section Description Plumbing Equipment 22 30 00 1.5.A General Warranty: Special warranty specified in this Article shall not deprive Owner of other rights Owner may have under other provisions of the Contract Documents and shall be in addition to, and run concurrent with, other warranties made by Contractor under requirements of the Contract Documents. Plumbing Equipment 22 30 00 1.8.6 Provide five year manufacturer warranty for domestic water heaters. HVAC and Plumbing 23 05 00 1.17.A "As -Built" Drawings: Project Record Documents General Requirements HVAC and Plumbing 23 05 00 1.19.A After acceptance of the installation, instruct the City's representative in operation General Requirements and maintenance, for a period of three (3) working days at a time requested by the City during the first year of guarantee, HVAC and Plumbing 23 05 00 1,19.6 At the beginning of the instruction period, deliver to the City three (3) copies of a General Requirements durable binder as described under "Operating Instructions". Refer to Section 0178 39 for detailed requirements. HVAC and Plumbing 23 05 00 1.20.A The following O&M manual requirements do not replace 0&M manual General Requirements documentation requirements elsewhere in these specifications. Refer to Section 01 78 39 for detailed requirements, HVAC and Plumbing 23 05 00 1.20.13 Division 23 shall compile and prepare documentation for all equipment and General Requirements systems covered in Division 23 and deliver this documentation to the GC for inclusion in the 0&M manuals prior to the training of City personnel, HVAC and Plumbing 23 05 00 1.20.0 Provide six (6) complete sets of Operating Instructions. These instructions shall General Requirements include brochures, diagrams, maintenance, and operating instructions and parts lists. See "Final Operation". HVAC and Plumbing 23 05 00 1.20.1) A summary of operating sequences (start-up, normal run, and shut -down), and General Requirements control diagrams shall be provided in the main mechanical room. HVAC and Plumbing 23 05 00 1.22,13 Warranty: Equipment under this section of the specifications shall be guaranteed General Requirements for a period of one year from the date of acceptance against defective materials, design and workmanship. HVAC and Plumbing 23 05 00 1.22.D Warranty: The HVAC contractor, by accepting these specifications and by signing General Requirements the Sub -contract, shall guarantee the following: 1. All equipment, material, and workmanship against defects in material and workmanship for a period of one (1) year from date of final acceptance by the City. The HVAC contractor shall furnish written guarantee to replace defective work and materials furnished under this Section, at no cost to the City, for this one (1) year period, 2. That equipment and material will produce the results specified. HVAC and Plumbing 23 05 00 1,22.F Warranty: Provide at no cost to the City, one service mechanic for an 8 -hour period General Requirements after a period of 90 calendar days from the date of acceptance of systems by Owner to repair, replace any latent deficiency. HVAC and Plumbing 23 05 00 1.5.J All final approved submittals and equipment datasheets shall be provided , in PDF General Requirements format, to the City as part of the as -built drawing set and shall be text searchable. HVAC and Plumbing 23 05 00 1,6,E After all conflicts or interferences are resolved, develop a final composite drawing General Requirements showing the agreed upon routing, layout and juxtaposition of all duct work, conveyers, piping, major conduit, valves, panels, lighting fixtures and all other major mechanical and electrical installations. In the preparation of all the final Coordination Drawings, large scale details as well as cross and longitudinal sections are required to fully delineate all conditions. HVAC and Plumbing 23 05 00 1.6.F Submit the Coordination Drawings (electronic submittal encouraged) to the design General Requirements professional for review and comment, as indicated under "Shop Drawings" above. 11/18/2015 4 of 11 McClellan Ranch Environmental Education Center Blacksmith Shop Relocation - Rebid Closeout Checklist Type Spec Section Description Common Motor 23 05 13 1.4,E Operation Data: Include instructions for safe operating procedures. Requirements for HVAC Equipment Common Motor 23 05 13 1.4,F Maintenance Data: Include assembly drawings, bearing data including replacement Requirements for HVAC sizes, and lubrication instructions. Equipment Common Motor 23 05 13 1.7.A Warranty Requirements for HVAC Equipment Basic Mechanical 23 05 50 1.3.A Welding certificates. Materials and Methods Testing, Adjusting, and 23 05 93 1.3.0 Field Logs: Submit at least once a week to Commissioning Authority Balancing for HVAC Testing, Adjusting, and 23 05 93 1.3.D Progress Reports Balancing for HVAC Testing, Adjusting, and 23 05 93 1,3,E Final Report: TAB Balancing for HVAC Testing, Adjusting, and 23 05 93 1.3.F Project Record Documents: Record actual locations of flow measuring stations and Balancing for HVAC balancing valves and rough setting. Testing, Adjusting, and 23 05 93 3.4.A Warranty: National Project Performance Guarantee: Provide a guarantee on Balancing for HVAC AABC'S "National Standards" forms stating that AABC will assist in completing the requirements of the Contract Documents if the testing, adjusting, and balancing Agent fails to comply with the Contract Documents. Guarantee includes the following provisions: Testing, Adjusting, and 23 05 93 3.4.B Warranty: Special Guarantee: Provide a guarantee on NEBB forms stating that Balancing for HVAC NEBB will assist in completing the requirements of the Contract Documents if the testing, adjusting, and balancing Agent fails to comply with the Contract Documents. Guarantee includes the following provisions: 1. The certified Agent has tested and balanced systems according to the Contract Documents. 2. Systems are balanced to optimum performance capabilities within design and installation limits. Instrumentation and 23 09 14 1.5.F Project Record Documents: Record actual locations of control components, Control Devices for HVAC including panels, thermostats, and sensors. Accurately record actual location of control components, including panels, thermostats, and sensors. 1. Revise shop drawings to reflect actual installation and operating sequences. Instrumentation and 23 09 14 1.5.G Operation and Maintenance Data: Include inspection period, cleaning methods, Control Devices for HVAC recommended cleaning materials, and calibration tolerances. Instrumentation and 23 09 14 1.5.1-1 Warranty: Submit manufacturers warranty and ensure forms have been filled out in Control Devices for HVAC Owner's name and registered with manufacturer. Instrumentation and 23 09 14 1.5.1 Maintenance Materials: Furnish the following for Owner's use in maintenance of Control Devices for HVAC - _ _ project. 1 See Section I Product Requirements, for additional provisions. 2. Extra - _ 2.x_ Thermostats and Other Exposed Sensors: Two of each type. Instrumentation and 23 09 14 1.7.A Warranty ------ - - ---- Control Devices for HVAC --- - - Hydronic Specialties 23 21 13 1.3,1) Maintenance Data: Include installation instructions, assembly views, lubrication instructions, and replacement parts list. Hydronic Piping 23 21 13 1.4.1-1 Field quality -control test reports. Hydronic Piping 23 21 13 1.4.1 Project Record Documents: Record actual locations of valves. Hydronic Piping 23 21 13 1.4.J Maintenance Data: Include installation instructions, spare parts lists, exploded assembly views. 11/18/2015 5 of 11 McClellan Ranch Environmental Education Center Blacksmith Shop Relocation - Rebid Closeout Checklist Type Spec Section Description Hydronic Piping 23 2113 1.41 Country of origin of material. Hydronic Piping 23 21 13 3.3.B Prepare hydronic piping and perform testing according to ASME B 31,9. Prepare written report of testing, Refrigerant Piping 23 23 00 1.4.G Project Record Documents: Record exact locations of equipment and refrigeration accessories on record drawings. Refrigerant Piping 23 23 00 1.4.H Maintenance Data: Include instructions for operation, changing cartridges, assembly views, spare parts lists, HVAC Ducts and Casings 233100 1.4.0 Project Record Documents: Record actual locations of ducts and duct fittings. Record changes in fitting location and type. Show additional fittings used. Air Outlets and Inlets 23 37 00 1.4,C Project Record Documents: Record actual locations of air outlets and inlets. Small Split System Heating 23 81 27 1.4.G Warranty: Submit manufacturers warranty and ensure forms have been filled out in and Cooling City's name and registered with manufacturer. Small Split System Heating 238127 1.6.A See Section 0178 00 - Closeout Submittals for additional warranty requirements. and Cooling Small Split System Heating 23 81 27 1.6.13 Provide five year manufacturer warranty for heat exchangers. and Cooling General Requirements for 26 05 00 3.05 As -Built Drawings Electrical Systems General Requirements for 26 05 00 3.06 Posted Operating Instructions Electrical Systems General Requirements for 26 05 00 1.04.1-1 Closeout Submittals - refer to spec section for detailed list of requirements. Electrical Systems General Requirements for 26 05 00 3.02.G Maintain records of each test and submit five copies to the Engineer when testing Electrical Systems is complete. All tests shall be witnessed by the Engineer. These records shall include: 1. Name of equipment tested. 2. Date of report. 3. Date of test. 4. Description of test setup, 5. Identification and rating of test equipment. 6. Test results and data. 7. Name of person performing test. 8. Owner or Engineer's initials. General Requirements for 260500 3.07.1 Attendence sheet Electrical Systems Low Voltage Wire and 2605 19 3.04 Testing records Cables Electrical System 260526 3.02.D Furnish to the Owner's Representative a test report with recorded dataof each Grounding ground rod location and each system. Commissioning of 26 08 00 1.03,A The test report shall include the following: 1. Summary of project. 2. Description of Electrical Systems equipment tested. 3. Description of test. 4. List of test equipment used in calibration and calibration date, 5. Test results. 6. Conclusions and recommendations. 7, Appendix, including appropriate test forms, Commissioning of 26 08 00 1.03.13 The test report shall be bound and its contents certified. Electrical Systems Commissioning of 26 08 00 1.03.0 Submit three copies of the completed report to the Engineer no later than fifteen Electrical Systems days after completion of test unless directed otherwise. Panelboards and 262416 1.04 C Closeout Submittals: Submit operation and maintenance data for panelboards and Distribution Panels circuit breakers including nameplate data, parts lists, factory and field test reports, recommended maintenance procedures and typewritten as -built panel schedules. 11/18/2015 6 of 11 McClellan Ranch Environmental Education Center Blacksmith Shop Relocation - Rebid Closeout Checklist Type Spec Section Description Circuit Breakers 26 28 16 1,04.0 Submit in accordance with Division 1 and Section 260500, operation and maintenance data for circuit breakers including nameplate data, parts lists, manufacturers circuit breaker time current coordination curves, factory and field test reports and recommended maintenance procedures Circuit Breakers 262816 1.04.0 Per Submittal 47R1 response: The Contractor shall provide one spare breakers of 20Amp/1 pole, 30Amp/2 pole, 50Amp/2 pole, 60Amp/2pole and 100Amp/2pole. Circuit Breakers 262816 1.05:A Warranty: Provide 1 year manufacturer's warranty from date of owner acceptance. Disconnect Switches 26 28 17 1.05 C Closeout Submittals: Submit in accordance with Division 1 and Section 260500, operation and maintenance data for disconnect switches including nameplate data, parts lists, fuse manufacturer's time current coordination curves, factory and field test reports and recommended maintenance procedures. Photovoltaic System 263100 1.05 Warranty: Manufacturer shall warrant photovoltaic solar cells against defects in workmanship and material for 20 years. Photovoltaic module shall be provided with a 25 year limited product warrant. Photovoltaic inverter shall be provided with a 10 year warranty against defects in workmanship and material with extend option to extend to 20 years. Manufacturer shall provide monitoring service, future upgrades and warrant monitoring system any defects in workmanship and material for a period of 5 years. Manufacturer shall warrant combiner box, isolation transformer and DC fused disconnect switch again defects in workmanship and material for period of 1 year, Photovoltaic System 263100 1.04,1) Closeout Submittals: Submit operation and maintenance manuals for photovoltaic systmem. Include list of all components and contact information for a local factory authorized maintenance company. Submit in accordance with Division 1. Photovoltaic System 26 3100.10 1.05 Manufacturer shall warrant the system against defects in material or workmanship Maximizer and Security for a period of 10 years and photovoltaic module output of not less than 80% of the System photovoltaic panel's published minimum peak power rating for a period of 20 years if determined by the manufacturer to be due to defects in the material or workmanship of the system. Photovoltaic System 26 3100.10 1.04,D Closeout Submittals: Submit operation and maintenance manuals for photovoltaic Maximizer and Security system. Include list of all components and contact information for a local factory System authorized maintenance company. Submit in accordance with Division 1. Lighting 26 50 00 1.05 Warranty: Lamps that fail within the first year after final acceptance shall be replace by the contractor subject to the applicable provisions of the General Provisions. Ballasts that fail within three years after final acceptance shall be replaced by he contractor subject to the applicable provisions of the General Provisions. Contractor shall be responsible for providing material and labor to replace failed lamps and ballasts The responsibility_shall not be transferred to the _ distributor, supplier or manufacturer of the equipment, Lighting 26 50 00 3.02 Lamps that are used for any purpose prior to acceptance by the owner, are to be replaced with new lamps before acceptance: 1. As an alternative and subject to acceptance by the owner, Contractor may offer to provide a quantity of replacement lamps to the Owner equal to the total quantity of lamps on the project Lighting 26 50 00 1.04 D JSubmit operations and maintenance data per Division 1 Digital Lighting Control 265101 1.05 Entire system shall carry a warranty as noted in the General Provisions. Equipment Systems shall be warranted for 5 years. 11/18/2015 7 of 11 McClellan Ranch Environmental Education Center Blacksmith Shop Relocation - Rebid Closeout Checklist Type Spec Section Description Digital Lighting Control 265101 3.03 Factory Commissioning: written notice of start-up and adjustment date. Systems Digital Lighting Control 265101 1.02.E Submit Operations and Minatenance Data per Division 1 Systems Digital Lighting Control 265101 3.04.13 System Installation and Operation Manual shall be provided to the owner, including Systems list of recommended spare parts. General Requirements for 27 05 00 3.05 As -Built Drawings Communications Systems General Requirements for 27 05 00 1.04.H.1 Cost analysis: Submit final cost information including original bid and any change Communications Systems orders broken down by system, material and labor costs (as applicable): a, Public Address System; b. Telecom System; c. Data System; d. Audio/Visual System. General Requirements for 27 05 00 1.04.H.2 2. Operation and Maintenance Manuals. Furnish 0 & M Manuals for equipment Communications Systems where manuals are specified in the equipment specifications or are specified in Division 1. Electrical 0 & M Manuals shall include as a minimum: a. Copies of equipment supplied on the project. b. Instruction manuals including operation instructions and maintenance requirements/recommendations. c. List of suppliers for all equipment with addresses and telephone numbers. d. List of service support for all equipment with addresses and telephone numbers. e. Copies of all test reports required in Division 27 specification sections. f, Spare Parts: For each piece of equipment, submit a list of recommended spare parts. Include part numbers and the name, address, and telephone number of the supplier. g. Other closeout documentation and test results as required under other sections of the specifications. h. Provide in a single transmittal. L Warranty for all work, including contractor's general warranty. j. All warranties begin as per the Contract, Division 1 or final acceptance of the Work by the Owner, Architect, Engineer, and Authority Having Jurisdiction, whichever is later: L Manufacturer's Warrantees and Guarantees that are longer than the base contract/specified amount are to be provided with the manuals. ii. The Contractor is responsible for all Warranty and Guarantee work whether or not the Manufacturer also Warrantees and Guarantees the product. General Requirements for 27 05 00 3.02.G Maintain records of each test and submit five copies to the Engineer when testing Communications Systems is complete. All tests shall be witnessed by the Engineer. These records shall include: 1. Name of equipment tested. 2. Date of report. 3. Date of test. 4. Description of test setup. 5. Identification and rating of test equipment. 6. Test results and data. 7. Name of person performing test. 8. Owner or Engineer's initials. General Requirements for 27 05 00 3.07.B Attendence sheet Communications Systems Communication System 27 05 26 3.02.1) Furnish to Owner's Representative a test report with recorded data of each ground Grounding rod location and each system. Data Communications 27 20 00 1.05 D Closeout Submittals: Submit operation and maintenance data for all components of - the telecommunication equipment specified herein. Submit certified test results. Data Communications 27 20 00 1.06.A Warranty: Provide 1 year warranty for all system components Data Communications 27 20 00 3.08.A The Project record as -built drawings shall show the types and locations of installed: 1. Fiber Optic Cables. 2. Station Cables/Outlets. 3. Main Distribution Frames. 4. Intermediate Distribution Frames. 5. Patch panels. 11/18/2015 8 of 11 McClellan Ranch Environmental Education Center Blacksmith Shop Relocation - Rebid Closeout Checklist Type Spec Section Description Data Communications 27 20 00 3.08.8 The Project record as -built drawings shall identify numbering on each cable identification label. Voice Communications 27 30 00 1.05 D Closeout Submittals: Submit operation and maintenance data for all components of the telecommunication equipment specified herein. Submit certified test results. Voice Communications 27 30 00 1.06.A Warranty: Provide 1 year warranty for all system components Voice Communications 27 30 00 3.07.A Acceptance: Upon receipt of the Contractor's documentation of proposed cable testing, the Owner will have the right to review and observe the installation and randomly request tests of the cables/wires installed. Once the testing has been completed and the Owner is totally satisfied, that all work is in accordance with the Contract Documents, the Owner will notify the Contractor in writing. Voice Communications 27 30 00 3.08.A The Project record as -built drawings shall show the types and locations of installed: 1. Station Cables/Outlets. 2. Main Distribution Frames. 3. Intermediate Distribution Frames. 4. 110 Blocks. Voice Communications 27 30 00 3.08.13 The Project record as -built drawings shall identify numbering on each cable identification label. Assisted Listening System 27 41 16.6 2.02.0 Wireless Stereo Receivers: Provide twelve (12) wireless stereo receivers; Provide one (1) standard stereo headset per receiver; provide two (2) additional neckloop induction loop to transfer sound directly to a hearing aide equipped with a T -coil. (Williams Sound per Submittal 104A) Assisted Listening System 27 41 16.6 3.02.A Tests: The Contractor shall perform an operational check to assure that the system complies with all requirements of these specifications. Operation tests shall be made in the presence of the Owner's representative, who shall be notified of the test date a minimum of ten (10) days prior to that date. Assisted Listening System 27 4116.6 3.02,C Provide 1 hour of training to Owner to demonstrate system function. General Requirements for 28 05 00 3.05 "As -Built" Drawings: Project Record Documents Safety and Security Systems General Requirements for 28 05 00 3.06 Posted Operating Instructions Safety and Security Systems General Requirements for 28 05 00 3.07 Instruction to Owner's Personnel and sign in sheets. Safety and Security Systems General Requirements for 28 05 00 1.04 H.1 Cost Analysis: Submit final cost information including original bid and any change Safety and Security orders broken down by system, material and labor costs (as applicable): a. Fire Systems Alarm System; b. Intrusion System; c. Surveillance System; d. Card Access System. 11/18/2015 9 of 11 McClellan Ranch Environmental Education Center Blacksmith Shop Relocation Rebid Closeout Checklist Type Spec Section Description General Requirements for 28 05 00 1.04 H.2 Operation and Maintenance Manuals: Furnish 0 & M Manuals for equipment Safety and Security where manuals are specified in the equipment specifications or are specified in Systems Division 1. Electrical 0 & M Manuals shall include as a minimum: a. Copies of equipment supplied on the project. b. Instruction manuals including operation instructions and maintenance requirements/recommendations. c. List of suppliers for all equipment with addresses and telephone numbers. d. List of service support for all equipment with addresses and telephone numbers. e. Copies of all test reports required in Division 28 specification sections, f. Spare Parts: For each piece of equipment, submit a list of recommended spare parts. Include part numbers and the name, address, and telephone number of the supplier. g. Other closeout documentation and test results as required under other sections of the specifications. h. Provide in a single transmittal. L Warranty for all work, including contractor's general warranty. j. All warranties begin as per the Contract, Division 1 or final acceptance of the Work by the Owner, Architect, Engineer, and Authority Having Jurisdiction, which ever is later: i, Manufacturer's Warrantees and Guarantees that are longer than the base contract/specified amount are to be provided with the manuals. ii. The Contractor is responsible for all Warranty and Guarantee work whether or not the Manufacturer also Warrantees and Guarantees the product. Wire and Cables for 2805 13 3.03.A.1 Continuity Test of Wire: a. Test each wire for continuity and accuracy of the Electronic Safety and identifying tags at both ends and at all locations marked. Submit a report to the Security Owner's Representative certifying the fact of the test and the accuracy of the marking. Wire and Cables for 2805 13 3.03.A.2 Insulation Resistance Tests: a. Perform insulation resistance tests on all wire and Electronic Safety and cable installed. Make these tests after all equipment has been connected, except Security that equipment which may be damaged by the test voltage shall be disconnected. Test the insulation with a 500 Vdc insulation resistance tester with a scale reading not less than 100 megohms. The insulation resistance shall be 2 megohms or more. Submit results for review. Fire Detection and Alarm 283100 1.07.A The contractor shall warrant all equipment and wiring free from inherent mechanical and electrical defects for one year (365 days) from the date of final acceptance. The contractor shall without additional expense to the owner, replace any defective materials or equipment provided by him under this contract within the warranty period. Fire Detection and Alarm 283100 1.07.8 FACP shall have a five year manufacturer's warranty from the date of final acceptance. Fire Detection and Alarm 28 31 00 3.05.A As Built Drawings: Provide a complete set of reproducible "as -built" drawings showing installed wiring, color coding and wire tag notations for exact locations of all installed equipment, specific interconnections between all equipment and internal wiring of the equipment upon completion of the system Site Clearing 31 10 00 3.04.0 Place markers to indicate location of disconnected services. Identify service lines and capping locations on Project Record Documents. Site Water Lines 33 10 00 1,06.A Project Record Drawings: Accurately record actual locations of piping mains, valves, connections, and invert elevations. Site Sanitary Sewerage 333100 1.07.A Record location of pipe runs, connections, cleanouts, and invert elevations. System Retaining Wall Backdrains 33 46 13 1.05.A Warrant for a period of five (5) years that the drainage system shall be free of defects in material and workmanship and that it will not plug up, collapse, puncture due to lateral pressures, deteriorate, or otherwise fail to perform as required. 1.1/18/2015 10 of 11 McClellan Ranch Environmental Education Center Blacksmith Shop Relocation - Rebid Closeout Checklist Type Spec Section Description General Conditions 00700 4.10 PV array further back on the roof than what is shown in the PV shop drawings and the Construction Documents. Contractor shall either verify with the owner that this change from Construction Documents is acceptable to the owner and provide an appropriate credit to the owner or install the PV array at the location indicated in the PV shop drawings and the Construction Documents. General Conditions 00700 4.10 Weatherstripping not installed on bottom of all exterior doors. Acquire and install weatherstripping General Conditions 00700 4.10 Condensate drain not installed. Acquire and install condensate drain. Temporary Water 00824 1.06.0 SWPPP - REAP, sampling data at each rain event (pH and turbidity) Pollution Control Temporary Water 00824 1.06.0 SWPPP - Weekly inspections reports Pollution Control Temporary Water 00824 1.06,C SWPPP - annual report Pollution Control Temporary Water 00824 1.06.0 SWPPP - Notice of Termination Pollution Control 11/18/2015 11 of 11 "NO FEE" City of Cupertino NOTICE OF COMPLETION ANIS NOTICE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion and Notice of Acceptance dated November 19, 2015 for CITY PROJECT NAME: MCCT ELLAN RANCID PRESERVE ENVIROMENTAL EDUCATION CENTER (City Project Number 2012-9133) and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on November 19, 2015 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: November 19, 2015 By: 62 ",- —J--� 6 t, — Lauren Sapudar Senior Office Assistant Project No. 2012-9133 F0 4 S % `f/S" DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - RE -BID PROJECT NUMBER 2012-9133 THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this [ 29 54- ] day of [ Fc -L-' ], 2015, by and between the City of Cupertino ("City"), and Romkon Incorporated ("Contractor"), whose place of business is at 1856 Pacific Ave. #9, San Francisco, CA 94109. RECITALS A. City and Contractor entered into a Contract for the above -referenced project ("Project") with Purchase Order Number 00058415 (the "Contract"). B. On November 19, 2015, the City accepted the Project subject to certain exceptions that were attached to the Notice of Acceptance and recorded a Notice of Completion on November 20, 2015. C. The parties dispute the responsibility for delay in completion, remaining outstanding items owed under the contract, the amount of liquidated damages to be assessed, and the amount of final payment. D. The parties agree to resolve all of the outstanding disputes between them pertaining to this Project and the Contract, pursuant to the terms of the Agreement below. Now, therefore, it is mutually agreed between City and Contractor as follows: AGREEMENT 1. Contractor agrees to execute Contract Change Order (CCO) no. 10, for additional costs incurred by the City resulting from the Contractor's management of the construction project, in the amount of $50,000.00 which is an offset against remaining funds owed by City, as further detailed in paragraph 3, below. 2. Contractor agrees with the signing of this Agreement and Release that Romkon Incorporated or any other company using the California State Contractors License number 620277 shall not submit a bid for any work publicly bid by the City for a period of 5 years from the date of this Agreement and Release. If a bid is received it will be deemed rejected as non-responsive and no further consideration will be allowed. 3. The parties agree to the following as a final accounting of the final payment due to Contractor, and Contractor expressly waives and releases any entitlement to any additional payment for its Work on the Project. Original Contract Sum $ 1,798,000.00 Modified Contract Sum $ 1,901,989.62 Payment to Date $ 1,689,586.44 Liquidated Damages $0 Payment Due Contractor $ 212,403.18 (inclusive of CCO no. 10) City of Cupertino 00650-1 Agreement and Release of Any and All Claims MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid Project No. 2012-9133 4. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of TWO HUNDRED TWELVE THOUSAND FOUR HUNDRED THREE DOLLARS AND EIGHTEEN CENTS ($212,403.18) as the final balance due under the Contract, with the exception of any amounts that City is required to withhold for any timely stop payment notice. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City, and all of its agents, employees, consultants, inspectors, representatives, assignees and transferees. Nothing in this Agreement and Release shall limit or modify Contractor's continuing obligations described in paragraph 7 of this Document 00650. 6. Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in consideration of the payment set forth in paragraph 4 of this Document 00650, Contractor hereby releases and forever discharges City, and all of its officials, officers, agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents. To the full extent permitted by law, Contractor shall iimnediately defend, indemnify and hold harmless the City of Cupertino, Santa Clara County, its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract. This indemnity obligation does not apply to any liability arising from the City's sole or active negligence or willful misconduct. Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. 10. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent pens -fitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable. 11. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release. 12. All rights of City shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release. City of Cupertino 00650-2 Agreement and Release of Any and All Claims MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid Project No. 2012-9133 * * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING * * * THE CITY OF CUPERTINO, a Municipal Corporation of the State of California Its: /49t*'J111v%I�i '/G /�d/�, ,111116 69x&/iy 1V 1*�6 ATTE City Clerk REVIEWED AS TO FORM: City Attorney � (v/ � ,20 ROMKON, INCORPORATED By: Name: &1d By: _ Name: Its: *tom END OF DOCUMENT City of Cupertino 00650-3 Agreement and Release of Any and All Claims MRP Environmental Education Center & Blacksmith Shop Relocation -- Re -Bid CITY OF CUPERTINO MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 08 DATE: 04/16/2015 Contractor: Romkon, Inc. 17 1856 Pacific Ave #9 San Francisco, CA 94109 PO #: 00058415 Acct#: 420-9133-9300 The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising fi•onr the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Change City Field No. Authorization Description 21,E1'0'0.0'0> No. Eliminate Pervious Concrete Paving Work in its entirety from the Specification contract. Credit for deleting this itern of work is based upon the 08 32 13 14 value indicated by the Contractor in Submittal 27C "Schedule of <$21,000.00> Values" dated August 18, 2014, Change Order 08 Page 1 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 08 Total Change Order No. 08 $26,200.00 Total Project: Original Contract $1,798,000 Change Order No. 1 $8,443.78 A*$8,443.78 Change Order No. 2 $7,045.19 $7,045.19 Change Order No. 3 $10,190.97 $10,190.97 Change Order No. 4 $1,381.38 !S^ $1,381.38 Change Order No. 5 $20,358.58 $20,358.58 Change Order No. 6 y� $3,936.20 $3, 36.20 Directive No. 1 $42,496.75 $42,496.75 Change Order No. 7 $989.51 $989.51 Change Order No. 8 <$21,000.00> <$21,000.00> Revised Contract $1,871,842.36 Total Change Orders �Ir�A9fl Schedule Impact: 0 calendar days Project Final Completion Date: April 14, 2015 REVIEWED BY: City of Cupertin Carmen Lynaugh City Project Manager Date e Building Company Rock Senior Project Manager APPROVED BY: City of Cupertino Timm Borden Director of Public Works Date: ZD /S :MA ENE IIj84ZI1�40 Superintendent Date: Date: Change Order 08 Page 2 .0 NA L MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CITY OF CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 07 CUPERTINO DATE: 03/31/2015 PO 4: 00058415 Acct#: 420-9133-9300 Contractor: Ronikon, Inc. 1856 Pacific Ave #9 San Francisco, CA 94109 The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Change City Field Description No. Authorization No. 07 RFP 032 Reference ASI 032 for complete clarification of items. <$524.13> Credit: Conduit not installed per plans. See sheet E1-2.0, Line 6 in between 6 and 7. This work was per CCO 02; installation of the ASI 021 conduit and box in the slab for future AV equipment. ASf 029 Sign Changes ASI 021.R1, RFP 30 $1147.89 BSS Door/Door Hardware Revision ASI 029 $365.75 Adininistrative This change deletes the word "Council" from the paragraph so $0 Change: General that the City can accept the project without going to a Council Conditions 00700 meeting. Please see attachment referencing General Section 4.12.0 Conditions 00700 Section 4.12.0 Change Order 07 Page 1 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 07 Total Change Order No. 07 $ Total Project: Original Contract $1,798,000 Change Order No. 1 $8,443.78 $8,443.78 Change Order No. 2 $7,045.19 $7,045.19 Change Order No. 3 $10,190.97 $10,190.97 Change Order No, 4 $1,381.38 $1,381.38 Change Order No. 5 $20,358.58 $20,358.58 Change Order No. 6 $3,936.20 $3,9236.20 Directive No. 1 $42,496.75 $42,496.75 Change Order No. 7 $989.51 $989.51 Revised Contract $1,892,842.36 Total Change Orders $130,142.36 Schedule Impact: 0 calendar days Project Final Completion Date: April 14, 2015 REVIEWED BY: City of ertino (A - Carmen Lynaugh City Project Manager Date: 3 31 APPROVED BY: --�` City of C pr no Timm Borden Director of Public Works Date:_ 3 �;' i S`� Gilbane Building Company ink if, Inc. Glenn Rock K- Capobianco Senior Project Manager Project Manager Date: r Date: Change Order 07 Page 2 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2012-9133 ADMINISTRATIVE CHANGE TO GEXPRAL CONDITIONS 00700 SECTION 4.12,C 4,12 Substantial Completion, Final Completion and Final Acceptance Change the wording from: To: C. Ficial acceptance The City will record a "Notice of Completion" after the City Council accepts the project as complete. The final payment. including without limitation on retentions will be made 35 days after the Notice of Completion has been r"orded by the County, provided there are no outstanding punch list items or deficiencies in the project. 'rhe. final payment will be fewer sunns as may be, lawfully retained under any provisions of the contract documents or by law. C. final Acceptance The City will record a "Notice of Completion" after the City accepts the project as complete, The final payment including without limitation on retentions will be inane 35 days after the Notice of Completion has been recorded by the County, provided there are no outstanding punch list items or deficiencies in the project. The fliml payment will be fewer sums as may be lawfully retained under any provisions of the contract docunnents or by law. MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 06 DATE: 03/03/2015 Contractor: Romkon, Inc. 1856 Pacific Ave #9 San Francisco, CA 94109 PO #: 00058415 .Acct#: 420-9133-9300 fle-W 120 . 90- 880 -900-05 w+RP 00/- 03 -61 The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Change No. City Field Authorization No. Description $ 3,936.20 06 RFP 018 RFP 019 RFP 021 RFP 023 RFP 027 RFP 028 Revised specification 09 91 00-3.07-F changed to Cabot $ 0 "Bleaching Oil VOC # 6241 per ASI 019 Remove and replace the door, hardware and frame at the MRE $ 1,965.60 park men's room per A2.2.1 Add thresholds at Blacksmith Shop per ASI 019 Credit back two restroom mirrors removed from the project at the City's request Remove gutters from Blacksmith Shop and provide gravel basin instead. Per ASI 26 Provide one added ceiling access hatch in Restroom 1 of the EEC $ 809.35 $ <100.00> $ 573.77 $ 687.48 Change Order 06 Page 1 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 06 Total Change Order No. 06 $ 3,936.20 Total Project: Original Contract $1,798,000 Change Order No. 1 $8,443.78 $8,443.78 Change Order No. 2 $7,045.19 $7,045.19 Change Order No. 3 $10,190.97 $10,190.97 Change Order No. 4 $1,381.38 $1,381.38 Change Order No. 5 $20,358.58 $20,358.58 Change Order No. 6 $3,936.20 $3,9236.20 Revised Contract $1,849,356.10 Total Change Orders $51,356.10 Schedule Impact: 0 calendar days Project Final Completion Date: March 24, 201 REVIEWED BY: City of Cuperti Carmen Lynaugh City Project Manager Date: Gilb e Building Company Glenn Rock Senior Project Manager Date: (� Page 2 APPROVED BY: i of Cupertino Timm Borden Director of Public Works Dater //5— Ro o Kerry Capobianco Project Manager Date: Change Order 06 'MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CITY OF CENTER AND BLACKSMITH SHOP RELOCATION - REBID - 741 PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 05 CUPERTINO DATE: 01/12/2015 Contractor: Romkon, Inc. 1856 Pacific Ave #9 San Francisco, CA 94109 P,o 000584iV Ate.* et10p 9131- "" new -fzo-qo-120 -160-906- MeP 001- 03-01 The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Change City Field Description $20,358.58 No. Authorization No. Provide and install 3 ZA fixtures per Luminaire Schedule on Sheet EO -5.0. Provide and install I wall mounted, weather -tight outlet box $6052.53 05 RFP 013 and cover and wire for future lighting fixture. Provide and install 2 ' switches on south wall in Meeting Room B. Connect each switch to separate open circuits on Panel 'PN -L-A' Delete west segment of retaining wall at the EEC. Delete portion of rigid piping adjacent to deleted segment of retaining wall at the EEC. Connect the ends of the retaining walls at the EEC and BSS as RFP 017 indicated in CSK-01. Add perforated pipe behind the new portion of $ 6,752.98 retaining wall per CSK-01. Relocate cleanout PER CSK-01. Add area drain at bottom of swale behind retaining wall PER CSK-01. Include credit for not showing a portion of the currently designed retaining wall. Substitution Subcontractor substitution required to meet applicator qualifications $0 Request — 03 54 16 for specified product. Substitution Request — 09 67 23 Product substitution per Submittal 31A response. $0 Remove existing color chip flooring from both bathroom areas and RFP 024 apply new 3 -coat system which consists of a primer, base coat with $3,092.67 chips and a clear polyurea topcoat. Full warranty. RFP 031 Change concrete floor stain product, extending installation and finishing time by 2 days. $ 4,460.40 Change Order 05 Page 1 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 05 Total Change Order No. 05 $ 20,358.58 Total Project: Original Contract $1,798,000 Change Order No. 1 $8,443.78 $8,443.78 Change Order No. 2 $7,045.19 $7,045.19 Change Order No. 3 $10,190.97 $10,190.97 Change Order No. 4 $1,381.38 $1,381.38 Change Order No. 5 $20,358.58 $20,358.58 Revised Contract $1,845,419.90 Total Change Orders $47,419.90 Schedule Impact: 4 calendar days Project Final Completion Date: March 24, 2015 REVIEWED BY: City of Cupertino Carmen Lynaugh City Project Manager Date: 3 /� Gil* e Building Company Glenn Rock Senior Project Manager Date: Page 2 APPROVED BY: City of Cupertino Timm Borden Director of Public Works Date: Rom on, Inc. Kerry Capobianco Project Manager Date: j Change Order 05 Z MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CITY OF CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 04 CUPERTINO 4- 000'.53&C+ DATE: 12/04/2014 Contractor: Romkon, Inc. 1856 Pacific Ave #9 San Francisco, CA 94109 The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Change City Field Description $1,381.38 No. Authorization No. 04 Substitution Substitute standing seam metal roof panels for corrugated $ 0.00 Request 07 41 13 metal roof panels on the Environmental Education Center Substitution Modified warranty for corrugated metal roof on Blacksmith $ 0.00 Request 07 41 13 shop Substitution Marvin Metal Clad Doors instead of Aluminum Framed $ 0.00 Request 08 41 12 Entrances Glulam beam depth increased to accommodate 3" sprinkler $1,381.38 RFP 016 pipe penetrations and provide sufficient bearing capacity of the glulam per ASI 13R1 Change Order 04 Page 1 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 04 Total Change Order No. 04 $ 1,381.38 Total Project: Original Contract $1,798,000 Change Order No. 1 $8,443.78 $8,443.78 Change Order No. 2 $7,045.19 $7,045.19 Change Order No. 3 $10,190.97 $10,190.97 Change Order No. 4 $1,381.38 $1,381.38 Revised Contract $1,825,061.32 Total Change Orders $27,061.32 Schedule Impact: 0 calendar days Project Final Completion Date: March 20, 2015 REVIEWED BY: City of Cuperti Carmen Lynaugh City Project Manager Date: Gil ane Building Company Glenn Rock Senior Project Manager Date: APPROVED BY: City of Qw6o Timm Borden Director of Public Works Date: ( . 13 - Ir o n, Ina Kerry Capobianco Project Manager I, Date: _ �I Change Order 04 Page 2 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CITY OF CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 03 CUPERTMO DATE: 10/21/2014 Contractor: Romkon, Inc. ` 1856 Pacific Ave #9 San Francisco, CA 94109 The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Change Cit;- Field Description $10,190.9 No. Authorization No. 03 RFI ,`21 A Install 1/4"Dens Deck beneath metal roofing to achieve Class A fire rating. $ 10,190.97 V ?-V1 �411 �- Change Order 03 Page MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 03 Total Change Order No. 03 S 10,190.97 Total Project: Original Contract $1,798,000 Change Order No. 1 $8,443.78 $8,443.78 Chane Order No. 2 $7,045.19 $7,045.19 Chane Order No. 3 $10,190.97 $10,190.97 Revised Contract $1,823,679.94 Total Change Orders $25,679.94 Schedule Impact: 7 calendar days Project Final Completion Date: March 20, 2015 REVIEWED BY: aLt,.w 4xwll� City of Cupertin Carmen Lynaugh City Project Manager Date: �Q Gilba e Building Company GI Rock Senior Project Manager Date: 10 21 APPROVED BY: City of Cupertino Timm Borden Director of Public Works Date: / Z� Romkon, Inc. Jeff Jensen prniect Mnnnaer Change Order 03 Page 2 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CITY OF CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2010-9133 CONSTRUCTION CHANGE DIRECTIVE NO.3 CUPERTINO DATE: 9/04/15 PO #: 00058415 Acct#: 420-9133-9300 Contractor: Ronikon, Inc. 1856 Pacific Ave #9 San Francisco, CA 94109 In accordance with the requirements of Section 3 of the General Conditions, the Contractor is hereby authorized and directed to make the following change(s) to the Contract. All work under this Construction Change Directive shall be done on a Lump Sum basis. Directive Description Amount No. Reference FA 004: $12,125.00 Path and Stair Handrail from covered porch to path at North. Three additional trash/recycling receptacles. Mulch added at existing oak tree area. Manhole: 3 addition to bow the sidewalk around the manhole by about 1'. Deduct from NTE amount the value of three additional trash/recycling receptacles not acquired or installed. Reference FA 009: ($1,992.00) CCD No. 2 provided compensation for mulch in lieu of the hydroseed. The contract value of hydroseed was not credited as part of FA 009 or CCD No. 2. Credit the schedule of value cost for hydroseed. Reference FA 011: $1,300.00 Lower profile of 8 electrical boxes in conjunction with ASI 043 and RFP 039. Reference CCO No. 6: ($1,103.00) Per CCO No. 6, a new hollow metal door and frame was to be installed at the men's restroom. New frame was installed only and the existing door and hardware was re- installed. Credit the value for new door and hardware. Reference RFP 020: ($4,626.60) Provide material and installation credit information related to omitting security cabling installation. Construction Change Directive 2 Page 1 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2010-9133 CONSTRUCTION CHANGE DIRECTIVE NO.3 The basis for the final amount of adjustment to the Contract Sum shall be follows: The final amount is based upon the attached field authorizations and cost proposals. Some of the cost proposals lacked appropriate back-up (tags) and/or exceeded the Not -to -Exceed (NTE) cost agreed to in the Field Authorization. Where proposed costs exceeded the NTE Field Authorization cost, the NTE cost governed. Where the proposed costs were within (less than) the NTE Field Authorization costs, the proposed cost governed. None of the cost proposals included supporting documentation for days (TIA) and therefore 0 days are warranted. Correction to prior Construction Change Orders is an administrative adjustment to correct an identified error. The total cost from Field Authorizations and costs proposals as indicated above are included below. The allowable General Contractor fee on subcontractor work is included in the Lump Sum Cost indicated based upon information in the attached back-up. CCD is issued by City it believes in good faith that a timely Change Order will not be agreed upon using other procedures available and is executing this CCD in accordance with the requirements of Section 3 of the General Conditions. The amount of this Construction Change Directive for Lump Sum shall not exceed: $ 5,703.40 General Contractor 5% Fee on Subcontractor Costs $ included in above TOTAL 1 $ 5,703.40 The Change of Contract Time will be (increased) (decreased) (unchanged) by 0 days The date of Completion as of the date of this Construction Change Directive is/are: Project Final Completion Date: April 15, 2015 0 days Construction Change Directive 2 Page 2 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2010-9133 CONSTRUCTION CHANGE DIRECTIVE NO.3 CCD goes into effect in accordance to General Conditions Section 3.3.13.5 "Construction Change Directives". The Contractor shall promptly proceed with the change of work involved and concurrently respond to the City's CCD within 10 Days. When signed by the Project Manager and received by the Contractor, this document becomes EFFECTIVE IMMEDIATELY as a Construction Change Directive (CCD), and the Contractor shall proceed with the change(s) noted. City Project Manager: (name) (signatur (date) Signature by the Contractor indicates the Contractor's agreement with the basis of the final amount of adjustment in the Contract Sum or Contract Time as set forth in this Construction Change Directive (CCD). General Contractor By: authorized re resentative signature) date Total Change Directive No. 3 $ 5,703.40 Total Project: Original Contract $1,798,000 Change Order No. 1 $8,443.78 $8,443.78 Change Order No. 2 $7,045.19 $7,045.19 Change Order No. 3 $10,190.97 $10,190.97 Change Order No. 4 $1,381.38 $1,381.38 Change Order No. 5 $20,358.58 $20,358.58 Change Order No. 6 $3,936.20 $3,936.20 Construction Change $42,496.75 $42,496.75 Directive No. 1 Change Order No. 7 $989.51 $989.51 Change Order No. 8 ($21,000.00) ($21,000.00) Change Order No. 9 769.74 $769.74 Construction Change 73,674.12 $73,674.12 Directive No. 2 Construction Change 5,703.40 5,703.40 Directive No. 3 Revised Contract $1,951,989.62 Total Change Orders $153,989.62 Schedule Impact: None Project Final Completion Date: April 15, 2015 Construction Change Directive 2 Page 3 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2010-9133 CONSTRUCTION CHANGE DIRECTIVE NO.3 REVIEWED BY: oei4,�� x I City of Cupertino U LI) Carmen Lynaugh Project Manager Date: Gilb e Building Company Glenn Rock Senior Project Manager Date: APPROVED BY: Y ity-of - ertino Timm Borden Director of Public Works Date:' J S Romkon, Inc. Roman Knop Date: Construction Change Directive 2 Page 4 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CITY of CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2010-9133 CONSTRUCTION CHANGE DIRECTIVE NO.2 DATE: 8/06/15 PO #: 00058415 Acct#: 420-9133-9300 Contractor: Romkon, Inc. 1856 Pacific Ave #9 San Francisco, CA 94109 In accordance with the requirements of Section 3 of the General Conditions, the Contractor is hereby authorized and directed to make the following change(s) to the Contract. All work under this Construction Change Directive shall be done on a Lump Sum basis. Directiv Description No. Reference FA 001: Provide smooth transition from asphalt parking lot to concrete walk adjacent to existing restroom building entrance. Attach HC parking sign to west end of restroom building where project HC sign. Install temporary HC parking stall striping at northernmost HC stall and install temporary "No Parking" lettering hatching. Obscure existing HC striping at construction entrance. Reference FA 002: Per RFP 014, remove and dispose of all unforeseen base rock material as described and delineated by Romkon, Inc. in RFIO 36 and to the western extend underneath contract hydroseeded area per Romkon, Inc. cost proposal dated 11/2-/14. Per RFP 014 and 11/20/14 cost proposal, provide and install topsoil as required to construct contract finish grade for hydroseeded areas impacted by unforeseen base rock material. Reference FA 003: Per PG&E site inspection tag, proceed to trench per PG&E's engineered site plan. Acknowledge on site 2 meeting with PG&E rep. Reference FA 006: Per ASI 044. Add additional concrete paving at the Park Restroom Building. Relocate bike rack to new paved area. Reference FA 007: Per ASI 042. This is for 500 sq. ft. Redwood 8"xl" T&G, Clear Heart, random length flooring to be installed in the BSS. Please retain the 15% good boards for use in the future as benches, etc. Reference FA 008: Per ASI 042-R1 Stain new Redwood Flooring with one coat Penofin Verde "Natural" color in BSS. Reference FA 009: Per ASI 03 8. Changing of Hydroseeding to Mulch. Construction Change Directive 2 Page 1 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2010-9133 CONSTRUCTION CHANGE DIRECTIVE NO.2 Reference FA 010: Light pole that was removed during construction not be placed per plan — Removal of Scope. Remove the concrete base that the light pole was previously attached and house the electrical wires in the existing electrical box. If the electrical box has been damaged, it will need to be restored or replaced. Reference Sewer Line Repair: Due to the line being in a different location than what called out on the plans, the line was broken and repaired by RI. Reference CCO No. 7 and No. 9: Construction Change Order No. 7 and No. 9 inadvertently included a credit for the same item — credit for not installing conduit. To correct, add $524.13 to this Construction Change Directive. The basis for the final amount of adjustment to the Contract Sum shall be follows: The final amount is based upon the attached field authorizations and cost proposals. Some of the cost proposals lacked appropriate back-up (tags) and/or exceeded the Not -to -Exceed (NTE) cost agreed to in the Field Authorization. Where proposed costs exceeded the NTE Field Authorization cost, the NTE cost governed. Where the proposed costs were within (less than) the NTE Field Authorization costs, the proposed cost governed. None of the cost proposals included supporting documentation for days (TIA) and therefore 0 days are warranted. Correction to prior Construction Change Orders is an administrative adjustment to correct an identified error. The total cost from Field Authorizations and costs proposals as indicated above are included below. The allowable General Contractor fee on subcontractor work is included in the Lump Sum Cost indicated based upon information in the attached back-up. CCD is issued by City it believes in good faith that a timely Change Order will not be agreed upon using other procedures available and is executing this CCD in accordance with the requirements of Section 3 of the General Conditions. The amount of this Construction Change Directive for Lump Sum shall not exceed: $ 73,674.12 General Contractor 5% Fee on Subcontractor Costs $ included in above TOTAL $ 73,674.12 The Change of Contract Time will be (increased) (decreased) (unchanged) by 0 days The date of Completion as of the date of this Construction Change Directive is/are: Project Final Completion Date: April 15, 2015 0 days Construction Change Directive 2 Page 2 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2010-9133 CONSTRUCTION CHANGE DIRECTIVE NO.2 CCD goes into effect in accordance to General Conditions Section 3.3.13.5 "Construction Change Directives". The Contractor shall promptly proceed with the change of work involved and concurrently respond to the City's CCD within 10 Days. When signed by the Project Manager and received by the Contractor, this document becomes EFFECTIVE IMMEDIATELY as a Construction Change Directive (CCD), and the Contractor shall proceed with thrr e c nge(s) noted. City Project Manager: G� Z, 1 , #/� ®C (name) (signature (� (date) ✓ Signature by the Contractor indicates the Contractor's agreement with the basis of the final amount of adjustment in the Contract Sum or Contract Time as set forth in this Construction Change Directive (CCD). General Contractor By: (authorized representative) (signature) date Total Change Directive No. 2 $ 73,674.12 Total Project: Original Contract $1,798,000 Change Order No. 1 $8,443.78 $8,443.78 Change Order No. 2 $7,045.19 $7,045.19 Change Order No. 3 $10,190.97 $10,190.97 Change Order No. 4 $1,381.38 $1,381.38 Change Order No. 5 $20,358.58 $20,358.58 Change Order No. 6 $3,936.20 $3,936.20 Construction Change $42,496.75 $42,496.75 Directive No. 1 Change Order No. 7 $989.51 $989.51 Change Order No. 8 ($21,000.00) ($21,000.00) Change Order No. 9 769.74 $769.74 Construction Change 73,674.12 $73,674.12 Directive No. 2 Revised Contract $1,946,286.22 Total Change Orders $148,286.22 Schedule Impact: None Project Final Completion Date: April 15, 2015 Page 3 Construction Change Directive 2 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - REBID PROJECT NO. 2010-9133 CONSTRUCTION CHANGE DIRECTIVE NO.2 REVIEWED BY: Project Manager Glenn Rock Senior Project Manager Date: Page 4 APPROVED BY: i� � L6.,en� 6ty-0f/U66rtino Timm Borden Director of Public Works Date: 8 • to • Zor r Romkon, Inc. Roman Knop Date: Construction Change Directive 2 CITY OE CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS CUPERTINO FIELD AUTHORIZATION Project Name: McClellan Ranch Preserve Environmental Education Date: 7/1114 Center & Blacksmith Shop Relocation - Rebid Location: 22221 McClellan Ranch Road P.A. No: 0'01 Contractor: Romkon, Inc. Project No: 2012-9133 Address: 1856 Pacific Ave. 49 File No: 92:022.09 San Francisco, CA 94109 P.O. No: Description of Work: Provide smooth transition from asphalt parking lot to concrete walk adjacent to existing restroom building entrance. Attach HC parking sign to west end of restroom building where project HC sign as shown on C6.0 Detail s Install temporary HC parking stall striping at northernmost HC stall and install temporary `No Parking' lettering and hatching as shown on C3.0 and C6.0 Detail 5. Obscure existing HC striping at construction entrance. Method of Payment: (x) Lump Sum $__ W<ro b04.04. �►-� �J i/ �Jl� y4 A V, = 402 o2 - O Time and Materials. 11 ( ) Time and Materials not to exceed $ ( ) Quantity Adjustment Contract time will be (increased) by ( p) days. Adjustments, if any, will be included in a Change Order after completion of the, Work described above. Applicable Specifications CALTRANS ( ) City Standards (X) Other Re ' wed by: Carmen Lynaugh, Pro' t Ma/ g C,/ Approved by: Co ctor's ReptIrsentative Approved by: Timm B(ord6n, Director of.Public Works Romkon Inc. Cost Breakdown for Contract Modification # FA 1 Project: McClellan Ranch Preserve Environmental Education Center Modification Description: Striping, relocating handicap signage and demolition of concrete curb per., Field Authorization 1 Subcontractor( s) Subcontractor Hours . Rate Labor Material/Equip Subtotal M. Construction 5 90.44 452.20 150.00 $ 5.02.20 Subcontractor Markup 149.23 22.50 $ 171.73 Total Subcontractor: $ 773.93 General Contractor Trade Hours 'Rate Labor Materia►/Equ►p Subtotal GC Markup :. Total General Contractor: $ - Total General Contractor & Subcontractors $ 773.93 5 % GC Markup on Subcontractor.Cost $ '30.11 Subtotal $ 804.04 Bonding Fees $ ,]2 E15" �Ar � t1n� ill Tota! Amount of Quotation C(fled ,.,W� � Requested Time Extension:. ��-r 0 Working Days omkon Inc. Cast Breakdown for Contract Modification # FA I Project. McClellan Ranch Preserve Environmental Education Center GC markup 4 h ictal t�e�ar�l �sntra�t�r; M Total GeneralContractor & Subcontractors $ 506-00 GC Markup on Subcontractor Cost Subtotal $ Bonding Fees -71or 0<1 Total Amount of Quotation Requested Time Extension; Working Days �,• �� .,y fj�J MEDINA S* CONSTRUCTION "Maldng your dream a reality" DATE: July 5,2014 FA # 001 For Romkon Inc Phone: (4 8) 204-1819 Cell: (831) 801-5396 JOB ADDRESS: 22221 McClellan Rd Cuportino,CA Lic # 937826 Dg,S LRI T�ON WNT UjAWK-4 - -=iramity. ormwr n, w., Preparation, of existing soil to ADA standards. = 1, hr @ $105 hr = $105 FA 001 Total= $440.00 MENECEN= WN Romkon Inc. Cost BreakJown, for .Modification Baserock Removal and Site Re -Grading ._. x Subcontractor .,. SSUI N! rl I N f it 9iYli s iM ASG i! u> xxt M,f s e Trade GC Markup `notal General Contractor: u1 =0 Total General Contractor & Subcontractors S * GC Markup on Subcontractor Cost Subtotal,KGI"� Bonding Fees \ �x ,eOVA� �� b "Making your dream a reality" DATE: Dec 21,2014 For: Flo on Inc Phone. (408) 204-1819 Cell: (831) 801-5396 JOB ADDRESS: 92,221. McClellan Rd Cupertino,CA Lic #9786 DESCRIP'MN AM NT ....... .... 01.1 *FA 002 (Elasero& Removal and Site Re -Grading) Heavy Machinery = Disposal Trucking = 42 Hours @ $ 105 = $4,410 Disposal Fees = 16 @ $500 per Truck Load = $8,000 Imm Heavy Machi nery = $ 2100 Sub -Contractor Mark Up 15% = $30699.00 FA 009 TOTAL= $28,359.00 CITY OF CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS CUPERTINO FIELD AUTHORIZATION Project Name: McClellan Ranch Preserve Environmental EAucation Date- 11/20/14 Center & Blacksmith Shop Relocation - Rebid Location: 2222.1 McClellan Ranch Road F. A. No: 002 Contractor: Romkon, Inc. Project No: 2012-9133_ Address: 1856 Pacific Ave. 49 File No: 92,022.09 San Francisco, CA 94109 P.O. No: Description of Work: Per RFP 014, remove and dispose of all unforeseen base rock material as described and delineated by Romkori, Inc in RFI. 36 and to the western extent underneath contract hydroseeded area per Romkon, Inc. cost proposal dated 11/270/14. Per RFP 014 and 11120114 cost proposal, provide and install topsoil as required to construct contract finish grade for hydroseeded areas impacted by unforeseen base rock material. Method of Payment: Lump Sum Time and Materials x) Time and Materials not to exceed $ 28,956.00 ) Quantity Adjustment Contract time will be (increased) (decreased) by ( 0 ) days -Adjustments, if any,,vvil.1 be included in a Change Order after completion of the Work described above. Applicable Specifications: CALTRANS ( ) City Standards ( x ) Other contract and topsoil requirement in RFP 014 Re Jid�by:E 0 Pro,Kct Manage�t Reyiewed by: Carmen Lynaugh, Alro-ject&Vnag—er 'tiVPIVVfzU U�V �77 Timm 138'Men, .Director of Oublic Works Romkon Inc. 1856 Pacific Ave. #9 San Francisco, Ca. 94109 Office: 415-525-4432 Fax: 415-529-2073 11/20/2014 Project. City of Cupertino McClellan Ranch Preserve Environmental Project No: 2012-9133 Education Center and Blacksmith Shop 22221 McClellan Ranch Rd Cupertino, CA. Attn: Glen Rock This proposal is for the unforeseen consolidated rock material that requires removal, disposal and replacement of soil for finish grade. Medina Construction will provide the labor and equipment to remove the consolidated rock material, Trucking for disposal will be provided by an independent contractor. Delivery of new site fill for finish grade Will also be provided by an independent contractor these services will be included Into the proposal. Medina Construction will perform the following services. Break out baserock approximately 7,500 sq ft, load and dispose 140 yds of baserock approximately 14 truckloads. Import 7,500 sq ft of new soil compact to proper elevation for finish grade ready to receive hydro seeding. This work Will take approximately 10 working days to complete. See the attached breakdown for cost for Medina Construction proposal. Cost $24,130.00 +15% for Medina Construction $3619.50 + 6% General Contractor $1206.50 Total Cost - $28,956.00 Romkon Inc Kerry Capoblanco Project Manager Phone: (408) 204-1319 Ceti: (831) 801-5396 Lic # 937826 DATE. Nov,15,2014 RFP#. 14 FOR: ROMKON INC JOB ADORE$$: 22221 McClellan Rd Cupertino,CA RFP#14 AMOUNT * Baserock 1. Break Out Existing 6" of Baserock (approx, 7,500 sqft) 2. Load and Dispose of Approx 140 cubic yards of baserock (14 truckloads) 3. Import Soil and Compact to proper Elevations Per Plan (approx. 7,500sqft) 4. Baserock Removal Arvill Coverall of the Hydro seeding areas per plan - Demolition and Disposal Demolitlon&Loading = 30 Hours @$105 hour= $3,150 Heavy Machinery = $1,800 Trucking = 42 Hours @ 105 hour = $4,410 Disposal Fees = 14 @ $ 500 per Truck Load = $7,000 DEMOLITION & DISPOSAL TOTAL = $ 16,360 - Soil Importand Compaction Soil Import= 14 @ $225 per truck = $3,150 Soil Re -Grade and Compaction = 24 Hours @ $105 Hour= $2,S20 Heavy Machinery =$21.00 Soil importand Compaction Total= $7,770 TOTAL FOR RFP 14= $24,130 41va- z n err o x 'Gns rethink. reinvent. renew. Construotian Waste i Uvw,,snecuoets—d4owd#41 csa.�j. x - - ._ X28;°00- Demolition Debris $28.U0 Sheetrock $28.00 Muted Debris (to maws, 1u,meton,01 i $28.00 Trash,�max�tatan.v/rzytuoorq� t+urutum.mattessas.n�stics.taxttesj. ; w2��Q Wood Shingles with Tar Paper $28.00 Composite Asphalt Rooting $28,00 Concrete 1 Wodw, wft.mimrae wow. xm*us) $12A0 Concrete 2 irtrnruAr urs 3'minuswdJrraBarS -$22 00 : , Concrete 3jnixEDveitikk.mtoexreedm%st*esphovfipyetrjt+rerlgoAosov.-RacusicYARDS ss j $50.00 Concrete Oversized QiV �1ti1SPPCT1CiV. Dirt j Sof (LoADSOVER 8CUSICYAWS S531.al $50.00 ': Yard Waste fLe»�t+�ppinasittrnnvasl � - $13„00 .: Brush J Tree Trimmings rxdt xmodcffas, smadUvet woftnaaum kyarfibmwm iladakj Wood'! Lumber (4„=pafaeds Udmatsd. naffsotq Stumps /Trees ON INSPECTION Pa{rll, ! vY & Fibrous Materials .. Carpet r carpet Padding $28.00 Cab{e,f'Cycfurse Fencing m H '” $28 fltl Tires- Passenger Carl Truck $10.00 (car) ! $22.00 (truck) each PRICES EFFECTIVE NOVEMBER 1, 2014 Measurement of load is by Volume with no allowance for air space. No hazardous wastes will be accepted. No wet garbage or food waste will be accepted. R load checking program is in effect. Prices subject to change without notice. Hours of Operation stir t711r Zenker Road Landfill i xank r 6:00 am - 5.45 pm Monday - Fdday 8.00 am - 3:45 pm Saturday & Sunday MILPITAS Zenker Materials Processing Facility L1plfNnia#a 6:00 am - 5.45 pm alonday - Fdtlay OU 8:00 am - 3:45 pm Saturday (closed Sunday) P vrilent Tvpes Accepted SANTA CLW + - GASH r SUNNYVALE 191 d CHECK nrrc�ver MIGreen Green atLTtOS CUPERTINO - CHMOEACCOUAfTSAVAILABLE Locations 673 & 705 Los Esteros Rd. CAWR LL San Jose, GA 95134 LOS GATOS Phone:406-26,7.2384 Fax; 408-263-2393 t EPA VF0 CITY OF CUPERTINO ! i 3 PRICE i S Project: McClellan Ranch Preserve Environmental Education Center and Blacksmith Shop Relocation Rebid To: Ramkon, Inc, 1856 Pacific Ave 99 Sara Francisco, CA 94109 Protect No.: 2012-.9133 RFP No.: 014 Date: 11/13/14 Return By: 12/€14/14 Attn: Kerry Capobianco Requested By: Glenn Rock Reason for Request. Unforeseen consolidated rock material requires removal and disposal, Please submit a firm quotation for any adjustment to your contract for the following change: Remove and dispose of all unforeseen base rock material as described and delineated byRornkon on the attachedR.Fl M. Provide and install topsoil (see attached specification) as required to construct contract finish grade for hydroseeded areas impacted by unforeseen base rock. Attachments: RFI 36 Topsoil specification Time and Materials not to exceed x Lump Sum not to exceed CONTRACTOR x Do NOT proceed,. submit quotation only Sloop Drawings Required Proceed with work and submit quotation x i No Shop Drawings Required Return this request with your quotation noted below and Authorized By: attach all detailed back-up for the change outlined above. By: 'Your quotation will not be considered valid unless A decrease of$ to the contract amount detailed back-up is included. Failure to comply will &'VV-ck result in payment delays. completed by GBCa per 11./13/1.4 Comps Date: THIS SECTION TO BE COMPLETED BY THE CONTRACTOR For the change outlined above we propose„ Contractor provided separate cost proposal and did not An increase of 28,956.00 to the contract amount By: complete this section. A decrease of$ to the contract amount Title: Cost and day information completed by GBCa per No change Comps contractor cost proposal The above will necessitate q additional days 11/20114. No CPM justification extension of the original contract completion date. Date: rovided for additional days. p Y Romkon Inc. 1856 Pacific Ave. #9 San Francisco, Ca. 94109 Office: 415-525-4432 Fax: 415-901-0028 Request for Information RFI No. 36 Directed To: Siegel & Strain Architects Project McClellan Ranch Preserve Environmental Education Center Attention: 1295 59th St. Emeryville, CA 94608 Project # 2012-9133 Date: 11112114 Initiated By: Romkon Reply Needed By. ASAP Priority.- Confirming Category., Information not given in drawings / specifications _2Urgent Interpretation of specifications Expedite Conflict between specification I drawing Normal x Other Subject. unforeseen Baserock Encounter Drawing Reference: Specification Reference: Upon doing some rough grading on the McClellan Ranch site we uncovered baserock that has been compacted to the point of solidification. the area is 100 ft x 75 it, 6 inches deep. This encounter is an unforeseen condition that makes it extremely difficult to excavate. As a result the hydro seeding will have a difficult time rooting . Below the hard pan is native rich soil suitable for seed roots to grow. Please advise as to how you wish Romkon Inc to proceed . Attached are some photos to illustrate the conditions encountered on site. The hardpan soil will also have an impact on forms for concrete sidewalks as well as the flatwork for finishing the concrete. There will be an added expense for equipment, time and labor to remove the compacted granite baserock .An additional expense for removal of the baserock, it will need be trucked off site. This will also require disposal fees that will also be added to the cost for site removal of the site spoils. The City requests Romkon to assemble a cost proposal for removal of the unforeseen baserock material. ATTACHMENT Topsoil Specification Topsoil: All imparted topsoils shall be ASTM D 5268, pH range of 6.0 to 6.8, fertile, friable, natural topsoil of sandy loam character, without admixture of subsoil material, obtained from► a well -drained arable site, reasonably free from clay, lumps, coarse sands, stones, plants, roots, sticks, and other foreign materials. a. Identify source location of topsoil proposed for use in the work. b. Provide topsail free of substances harmful to the plants which will be grown in the nail. c. Provide horticultural suitability and fertility test lab results from a lab acceptable to the Engineer. Provide recommendations from the testing lab on all imported topsoil and amend such imported material as recommended by the lab and as acceptable to the Engineer. Romkon Inc. Cost Breakdown for Contract Modification Subcontractor Total Subcontr General Contractor ZME = Requested 'rime Extension: 14 Working Days W"g your dream a ratty" DATE- March 8, 015 23�� For: Romkon Inc Phone: (408) 204-1619 Cell: (831) 801-5396 JOB ADDRESS: 22221 McClellan Rd Cupertino,CA Lic # 937826 • :*FA 003 (Additional PG&E TRENCH) MERMEMI Equipment (Coray pactor)= $450 Sub -Contractor Mark Up 15% = $2,020-50 CALENDAR DAYS AFFECTED = 14 CITY ap A CITY OF CUPERTINO CUPEATINO DEPARTMENT OF PUBLIC WORKS: F1W) AUTHORIZATION ProjeotNaml MaS I of [a _Pias ax a Datw.IWMU. F, A, Not. �09 Clontraotov.--Romk_o_gjt - .. proj go t 1\10 , AQ12:2-1 ", A. Bmkbadsm, P'A Xw . . ................ Isodpttoit of Work,. Per PG&E gito PO. &B's,ongi ooro tolA ai n. d A Aolmowkdgv on sl(o motitilgivith ME rop and UL7 otimonts Altabod, Diroollonal, dellIllig is wto wool)(Ablo l.'Iuw and Mtorlvds ('x ) Thito and Mat erials oot lovucod S-11LOO-0, coy mot t4no NVI.11. bo -(havemod) y ( 0 ).attys, 1jvstl.uQtlts, ifflay, wil I be included ill A Chopgo-Ord ar dw, r comply ton. artho, Woxk descf1bed abom Appliable $pcoirlotlons: CAWRANS ( ) ctty.stalldlwds (x ). .00101, Roo d. by" C(amon Approv d by "y* .. . . ...... Wor CITY OF ILI CITY OF CUPERTINO CUPERTINO DEPARTMENT OF PUBLIC WORKS FIELD AUTHORIZATION Project Name.- McClellan Ranch Preset ve Environmental Education Date:.. 5/6/2015 - Center & Blacksmith Shop Relocation - Rebid Location, 22221 McClelign. Ranch Road F. A.. No: 006 Contractor: Romkonlno, Project No. .201.2-9.133 Address: 1856 Pacific Ave. #9 File No, 92,022.09 San Francisco, CA. 94109 P.O. No: Description of Work: This Field Authorization is per additions listed on ASI 044, Add additional concrete paying at the Park Restroom Building, Relocate, bike rack to new paved area. See ASK -20 for details (attached). Method of Payment: Lump Sum Time and Materials x ) Time and Materials not to� exceed 2 500 Quantity Adjustment Contraottfine wilt be (increased) (decreased) by ( 0 ) days. AcUustments, if aliy, will be included in a Change Orderafter completion of the Work described above. Applicable Specifications: CALTRANS ( ) City Standards (x other Rev' lived b I Carmen Lynaugh, Pfiectionager by: Representative oppro e Thin Borden, Director of Public Works 00/0 (334 (3310— Fs—%io�zL Mcaollan Ranch Presm" lmsftllftot riff4mmental Ed=Uon CenW and MacksmIth Shop Reloca�on ASK ,CA94M Emrj,dle s" '017 $101647-8092 AO -1.1 ASMI" FAX5101-5547-2W 20 wb"caaftb-dn.=m Dram By. MOH I Issue Date: Q5 Cri24t5 61�3 I it (3326 1 7-1 I Romon Inc. Cost Breakdown for Contract Modification # FA 6 ect: McClellan Ranch Preserve Environmental Education Center Total General Contractor & Subcontractors 5 % GC Markup on Subcontractor Cost Subtotal Donding Fees Req uestedgree Extension: 2 Working Days $ .2,198.80 $ , � 'Ei�, D94: 3 Waldng your dream a reality" DATE: May 9,201 A # OEC For: Romkon Inc Phare. (408) 204-1819 Coll: ( 1) $01-5390 JOB ADDRESS: 22221 McClellan R Lic # 937826 11 -AMOUNT 0:06 (Additional Concrete, and Bike Rack Placement) a' # Baserock Fill and Compaction = 2 hrs @ 105hr = $210 Forming and Rebar Placement.= 2hrs @105hr = $211 i era k Placement .hr @ 10 hr = $105 Concrete Pouring and Finishing= 2hrs@105hr=$210 Concrete Material yard @ $148yd = $148 ., A IT, Sub -Contractor Mark Up 150'4 = $286.80 CITY of CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS CLIPIRTINO FIELD ,AUTHORIZATION Project Nacre: McClellan Raneli Presei°ve Environmental Education Date: 5/8/2015 Center & .Bipoksmith Shop Relocation - Rebid Location: 22221 McClell, n Raneh E.oad - __- _-- F. A, No: 007 Contractor: Romkon Inc, Project No: 2012-9133 Address: 1856 Pacific Ave, #9 File No: 92,022,09 San Francisco CA 94109 P.O, No: Description of Work: This .Field Authorization is per additions Iisted on ASI 042, This is for 500 $q, ft, Redwood S" x V T&G, Clear Heart, Random length flooring to be installed 1n the BSS, Please retaln the 15% good boards for use In the future as benches, etc, Method of Payment: } Lump Sum $ () Time and Materials (x ) Time and Materials not to exceed $_-.-- --_ 4.500 ( ) Quantity Adjustment Contract tune Evill bo (increases!) (decreased) by ( 0 ) days. Adjustments, if any, will be included in a 3 Change Order after -completion of the Work described above. Applicable Specifications: CALTRA.NS () City Standards (x ) Cather— . Revi v d y. .Projec lvlanager Reviewed .by: t0aLJ____1' — !!Mft armen Lyn r, Project Manager by: Representative —Approved by: '" `, ` inin Borden, ectOf' of Public Works H SIEGEL & STRAIN Architects I CLARIFICATION PROJECT NAMES McClellan Ranch Preserve EEC and Blacksmith Shop Relocation Ro-Bid ISSUED BY: Michael Hayden ISSUE DATE 04/29/2015 DRAWING REFERENCED: 1/A3 -2.i INFORMATION ISSUED. ISSUED AS: BSS Floating BULLETIN CLARIFICATION ASI ADDENDUM X Revise direction of flooring indicated an A3-2.1 to match previously installed direction. Flooring Options: Option is 1x8 T&G Redwood flooring, Clear Heart, Random Lengths, Option 2. Milt existing owner supplied 8xa lumber to 14, Random Lengths acceptable. Option Ss 1x6 T&G Redwood floating, Clear Ileart, Random Lengths, ATTACHMtNTS AND SUPPORT DOCUMENTS: ASK -19 — A3-2.1 1. 1205 59th Street Emeryville, CA 94603 510/547-8092 Fax $10/547-2604 info@Sieget$traln.com n a»�aec l'i 3 (9)=.q li Bf�sinilll $h00 Moor �� yr=ra• — - - s�� DvmMerft OM4=14 Floor Plan A3-2.1 Romkon Inc. Cast Breakdown for Contract Modification # Ftp 7 Project; McClellan Ranch Preserve Environmental Education Center lit l Jail I III I General Contractor i f a Total General Contractor & Subcontractors 4,34%8S GC Markup an Subcontractor Cast 217,49_ Subtotal $ 4,567,3 Banding Fees S Total Amount of Quotation $ 4,6PAS" Requested Time Extension Working Days 01 G0 "Making your dream a reality" DATE: May 9,2015 FA # 007 For: Romkon Inc Phone: (408) 204-1819 Cell: (831) 801-5396 JOS ADDRESS: 22221 McClellan Rd Cupertino,CA Lic # 937826 DESCRIPTION AMOUNT *FA 007 (BSS FLOORING UPGRADE) Special Order 500 sgft of 1x8 Redwood Flooring for the Blackmith Shop. FA 007 Total = $4,349.85 CALENDAR DAYS AFFECTED = 7 O LNSTATE 38801 Cherry Street Quote No ,.: Newark, California 94560. Quote Date 510-818-1000 Expiration Date Customer Del To: MEDINA CONSTRUCTION Job code LUIS @ 408-204-1819 Delivery 22221 MC CLELLEN ROAD Taken By CUPERTINO CALIFIORNIA Sales Rep Bill To: CC COD Medina Construction/Raman Knop COD Medina Construction/Roman Knop Quotation 689145 05/0612015 05/1.512015 28748 . 101 Fri 05/08/2015 John Murphy John Murphy IV��I�WIW��INY9I�WVWV�IWUIMNI Page 1 of 1 Total Ship Units. 760 -bf 0 If 0., sf 0 ea 760. Subtotal $3,963.42 Est CA LPA $39,63 Est Sales Tax $346.80 Est Quote Total $4,349.85 DISCLOSURES All Special Orders are NONRETURNABLE and NON REFUNDABLE. All Lumber is sold In its. nominal dimensions which is larger than the actual standard dimension (i.e. 2x4 is its nominal size and 1.5 x 3.5 Inches is the approximate actual size). Purchaser agrees to be bound by all the terms and conditions located at'htlp:llwww.goldenstatelumber.coMtos' or ask your local branch for a copy. Taxes; Fees, and Assessments are subject to change and will be charged at the rate applicable on the date matedal is shipped. CITY OF CITY OF CUPERTINO I rl DEPARTMENT OF PUBLIC WORKS CUPERTINO FIELD AUTHORIZATION Project Name, McClellan Ranch Preserve Rnviron�nentRl l?d�:eation Date; 5/19/2015 .Center.& Blacksmith Shop Relocation • Rebid Location; 22221 McClellan Ranch Road F. A, No: 008 Contractor: Romkon Inc Projeot No: 2012-9133_ Address: 1856 Paciflc Ave. #9 File No: 92,022..09 San Francisco CA 94t09 P.O, No: Description of Work: This .Field Authorization is per additions llsted on ASI 042-R1. Stain new Redwood Flooring with one coat Penofin Verde "Natural" color Method of Payment: ( ) Lump Sum $ ( ) Time and Materials . { x ) Time and Materials not to exceed $ 2.000 ( ) Quantity Adjustment Contract time will be increased by -O day. Adjustments, if any, will be included in a Change Order after completion of the Work described above. Applicable Specifications. CALTRANS ( ) City Standards ( x ) Other Rev' eve Projec Manages 'ewed by: 7Re �4, Carinen LynaugfUmjekj4anager Representative Approved by: Til in Bortirector of Public. Works Romkon Inc. Cost Breakdown Proiect: McClellan Ranch Preserve EnvironmentalEducation lSand ans Stain New Flooring Subcontractor(s) qr° ,Subcontractor' ! R It i s �r n N#°. General Cor 'bra Hors -Rate GC Markup Tial r#I �vr�tr�ctar; � i Total General Contractor & Subcontractors S % C Markup on Subcontractor Cost Subtotal Bonding Total AlTiount of Quotation 1,992.0 2, 0° �. Requested Time Extension. 2 Working Days � ° 0vl r A MEDINA Y3Z CONSTRUCTION W"g your dream a reality" DATE: July 14,2015 FA # 008 For: Romkon Inc Phone. (408) 204-1819 Cell: (831) $01,5396 JOB ADDRE $S: 22221 McClellan Rd Cupertino,CA Lic # 937826 MCRIP110N ANIQUNI *FA 008 (Sand and Stain New Flooringin HSS) an ing and Vacuuming staining Stain Material slim HEMMCE� CITY OF CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS CUPERTINO F15LD AUTHORIZATION Project Name: McClellan Ranch Preserve Environmental Education Date: 5/19/2015 Center & B(acksinith Shop Relocation - Rebid Location: 22221 McClellan Ranch Road F. A. No:,. 009 Contractor: Ro.Inkon, Inc.. Project No: 2012_-91.33._ Address: 1856 Pacific Ave. #9 File No: 92,022,69 San Francisco CA 94109 P.O. No:. Description of Work; This Field Authorization is per changes listed on ASI 038, Changing of Hydroseeding to Mulch. Method of Payment: () Lump Sum $ ( ) Time and Materials ( x ) Time and Materials not to a eced $ 15,000 ( ) Quantity Adjustment Contract time will be increased by 0 days. Adjustments, if any, will be included iir a Change Order after completion of the Mork described above. Applicable Specifications: Revie v y: Project anagen CALTRANS () City Standards ( x } Other Reviewed by: OJ�A , c, Carmen Lynaugh, P 'ect ,nager Approved by; .0 ntractor's`' epresentative Approved by: -•, hiim B e , Director of.Public Works Romkon Inc. Cost Breakdown for Contract Modification # FA 5 Project- McClellan Ranch Preserve Environmental Education Center mm��Xmm zi Subcontractor MM Total Subcontractor. alai=, m1111 11 11 1 1 kno m RIPWim 5 % GC:markup on Subcontractor Cost Subtotal 8onding Fees 9 P �p bs � �, I --*- Requested Time Extension, 4 Working Days O\ 17 "Making your dream a reality' DATE: Jun 26,2015 FA # 009 For Romkon Inc Phone-, (408) 204-1819 Cell: (831) 801-8398 JOB ADDRESS: 22221 McClellan R Cupertino,CA Lic # 937828 AMOUNT 0 t: r11111 13309MM Gorilla Hair Mulch = 70 yards 35/ yard= 2,450 Decorative Fir Mulch = 50 yards@ 2 / yard $3,100 Jute Mesh = $480 Equipment (Bobcat) = $750 CITY OF 9" 9" CITY OF CUPERTINO cu �T��vn DEPARTMENT OF PUBLIC WORKS FIELD AUTHORIZATION Project Name: McClellan Ranch Preserve Environmental Education Date: 5/2612015 Center & Blacksmith Shop -Relocation - Rebid Location: 22221 McClellan Ranch Road F. A. No:_ 010 Contractor: Romkon, Inc, Project No: 2012-2133 Address: 1856 pacific Aye. #9 File No: 92.022.09 'fan Francisco, CA 94109 P.O. No: Description of Work: Removal of Scope: Requesting the light pole that was removed during construction not be replaced per pian. See cloud on attached C1,0 for location. Addltton to Scope: Remove the concrete base that the light pole was previously attached and house the electrical wires in the existing electrical box. If the electrical box has been damaged, it will need to be restored or replaced, Method of Payment: ) Lump Sum $ ( ) Time and Materials (x) Time and Materials not to exceed $ 600.00 The amoUn.t does not account for,the credit for not reinstalling the light,pole. ( ) Quantity Adjustment Contract tune will be increased by 0 days. Adjustments, if any, will be inoluded in a Change Ordor after completion of the Work described above, Applicable Specifications: CALTRANS ( ) City Standards ( x } Other Reviewed byt C Gammen Lynaugh orojo,L`t nager Thum Bard Director of Public Worts'- .,, .., 7•;•.71, .. ,.. d,�� •r" '1t,;3 L3+��61` ��1,� :•:�r.,,•Fj�;.tgt�9al.t?i �;J{'S r+:i .,fF,..• F ••_ ;.r .;,'Q+�ekf: •'a'gd`?�:?,!,4 'r!,' •y .�A� `• 3. � .rJ)iS�' '-c�Y' .. .l' .J1"`' '°:�3' �a...< s^'':i::;i, '•,��;t(,r: '.:."",�'��y4- �y '�Y, J '•�z ,!}' 'Ji'',•• • v. rem •••,�;�w i,�� . �, •t. • `�..• : �.:,.•>Sy' �� ;:.,{.,,, ;:. 1., � `I•.^,•'t' _ '• Jia 37f � Z� ��pp�,� r•� � `il>2 � / i i b}'� " '�:'•'•'��'7', r�l,ii .i•��•• r,: 1 3 _�S• :�• +�£. S1 '"v--:.�`� S• '•.drS�O 'r��d'.f(;°f `�`� ,, ,lir �! :.'i.. #"J''4�' i'S/.J., ryy''1' �: J "1'Y}'-A V`�\'r 11FF� Ji • j+' f• 1• %' ::•.iY4.i : • �`.".�'1: '.'a,. �• �,}ds¢L� _-,. V!'_ .�A>' •M�CI''P>:y I r• •lis' .J.,. , ..,x;_•:7,7 :'..'.. '(.:.., ,,.�..•. 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"<,S '.,'' do ��Q r �1%4ti., `Sm � �a % "��'- - �� 5 J�' }rid ` `M�•+. ��, y, o � � �,,` fir" / ':'�� .�`• ___-•_ TOP 51. :'_$J°ii'`fri'd Yd, ",,•r'A, �O� ,+y, 1\\�\\ �• a mm% '� $P' � z fit, �\ ,, ` <,� � .'~•. ��,` t' �'� ` � �_�.< t wayy �'4`; 1.,, .•y Ay9= ray Q� ,� '}i �� ,� �\�< a Yr'Y' YA � y'�v47iSr,�`'`:`�'+\4 "�' r� 1 .,,ttl�{jµ�"� • a` '11i r ly ,\i,'V �•�'"~ [�1 F < 1e, r 9. 3�Hl�i °'' r r'' Y• gig •1 • t < d City of Cupertino - McClellan Ranch i�reserve p a N tnvfronmentalyducatlonCenferand o __ jzi Blacksmith Shap Relocatlon Romkon Inc. Cast Breakdown for Contract Modification # FA 10 Project: McCl!eli n Ranch Preserve Environmental Education Center Modification Description Remove Existing Light Base if W GC Markup General Contractor., Total General Contractor & Subcontractors S Markup on Subcontractor Cost Subtotal Bonding Fees Requested Time Extension, 1 Working Days S o. b l 6�.7 i9 � n\'O Gni\ "Making your dream a reality' DATE: June 21,201 FA # 010 For: Romkon Inc Phone: (408) 204-1819 it (831) 801-5396 JOB ADDRESS: 22221 McClellan Rd Cuperfino,CA Lic # 937826 � v 21MR, *FA 010 existing 11ifit bas,�) Concrete light base Removal = Equipment (ja&khammer) = P Trade S General Cor Hours R --,a- te- G ru `rt�l s�s°i c�+�trct" '', I --+ r: Total General Contractor & Subcontractors S Markup an Subcontractor Cost Subtotal Bonding Fees x,73,25 r Labor TotalAmount o Quotation Requested"I'Ime Extensfon, i Working Days PI 4,174.5.0 Br �� 1 g 34 Wdiing yourdream a reality" DATE- July 14,2016 C.0 # 003 For: Romkon Inc Phone: (408) 204-1819 cell: (831) 801-6396 JOB ADDRESS., 22221 McClellan Rd Cupertino,CA Lie # 937826 DESCRIPTION - .1 1.1 O—UNI *C.0 003 - Sewer Line Repair (damaged during retaining wall digging) Parts and Materials = Installation (2 guys @ rs) = 8hr s @ $105 hr = Heavy Machinery = Compaction and BacT611 = 3Hrs @ $105hr = Hydro jetting the Sewer Line = Camera Inspection = $725.00 $840 $350 $315 $750 $650 C-0 003 Total = $3,630.00 Sub.Contractor Mark Up 15% = $544.50 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDC7CATION CENTER AND BLACKSMITH SHOP RELOCATION - REDID PROJECT NO. 2012-9133 CONTRACT CHANGE ORDER NO. 09 CtlPERTINO .DATE; 05/28/15 PO 90 00058415 Acct#; 420-9133-9300 Contractor,. R.omkon, Inc. 1856 Pacific Ave #9 San Francisco, CA 94109 The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is fall and comploto compensation, for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, Inefficiency, acceleration, extended overhead, increased supervision, compression and all other fhctors affecting cost arising fi-ozn the subject of this Chauge Order is hereby released and waived by all such ;subcontractors and suppliers at all tiers. Change City Field Description $769.74 No. Authorization No. 08 RFP 035 Credit for Condult not installed <$524.13> 08 RFP 037 Credit for removing metal letters wi EEC <$811.58> 08 RFP 039 .Electrical Floor Box Change $2105.45 Total Change Order No. 09 $769.74 Total Project: Original Contract $1,798,000 Change Order No, 1 $8,443..78 $8,443.78, Chan e Ordor No. 2 $7,045.19 $1,045.19 Chane Order No. 3 $101190.97 $10,190.97 Change Order 09 Page 1 b MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION .. REBID PROJECT NO, 2012.9133 CONTRACT CHANCE ORDER NO, 09 Chane Order No. 4 $1,381.38 .$1,381,3$ Chane Order No. 5 $20,358.58 $20,358,58 Change Order No, 6 $3,936.20 $3,936.20 Directive No. 1 $42,496.75 $42,496,75 Change Order No, 7 $989.51 $989.51 Change Order No. 8 <$21,000.00> <$21,00,00> Chane Order No, 9 769.74 769.74 Revised Contract $1,872,612,10 1 Total Chane Orders $74,612.10 Schedule Impact; I calendar days Project Final Completion Date; ApNI , 201.5 {'VIEWED BY; Is cm a*o ZUW4 City of Cupertinoff Carmen 1Lynaugh City Project Manager Date: (0 ' APPROVED B)(; City of Cupe6 -Ag. jimm Borden Director of Public Works Date., & V Project Manager Date; '"✓ .I�"' Page 2 Date -.,f Change Order 09 ' �irY'�xi� • IWFg)1T,,4*• "QUEST .FOR MULE QUOTATION Project; McClellan Ranch Mservegnvlrontnental Project No.; 2012.9133 9ducation Center and Blacksmith $hop,Reloeation - Rabid ' RTP No. 1035 To; Romken,Ine. Date: • ' 4129115 1856 Pacific Ave #9 Return Byt 5115115 San Francisco, CA 94109 Attn: Requested By: Dana Johnson Reason for Request; Credit for Conduit not Installed Please submit'a firm quotation -for auy adjustment to your, contract foto the following change; • Conduit Pox was supposed to be fnstalled per COO 02 ftm maln room to office and was not. Attachxricnts:. CCO 02 ::dTime and MaterlaIsmot'to exceed bump Sum not to exceed x Do NOT proceed; subs It quotation only Shop Drawln�s Required ; Proceed with work and 3abrnit quotation x J No Shop Drawings Required Return Ibis request with your quotation noted below and Authorized By: attach all detallod back-up for the ohango outlined'al:ovo; Y'ourquotatron Not not be oonsldered valid unless detailed back-up is included. Palluro to comply will result in payment dalays. OUR Sun 4%2.4115 hate: TM SECTION TO BE COMPLETED BY.T.HF, CONTRACTOR For tho oltange outlined above wd pro -pose: An increase of$ to the contract amount B • �,;ypny=,,,,� A decroase.of $�e j3 to the contract amount Title: No change. The above will necessitate _ additlohal'days late: extension of the original contract oompletion date.' RomkonInc. Cost Breakdown for contract Madiflcatlon # 35 Project: McClellan Ranch Preserve Environmental education rentor Modification J)oscriptlon: Credit for Condult not installed Subcontract or(sj Subcontractor Hours Rate Labor Mate(ial/equip Subtotal ARAM Subcdntractor Markup $ Tot'ai subcontractor; $ (5x4.13) General Contractor Trade Hours :Rate La or Material/equip • Subtotal . $.77 OC Markup ' _ .$0.0b Total General Contractor: ,Total General Contractor &Subcontractors $ (524,13) 5 % GC Markup on Subcontractor -Cost $f3.p0 ,Subtotal $ (52413) Bonding Fees $ Total Amount of Quotation $ (524.13)' Requested Time Extension: Working Days APPROVAL By: Romkon, Ino, Date: • 03/31/2095 By: hate; ARAM Eloctric =0-MVW4d08tl#110 phone. 81"57,WM 8aaLeut&o, 94677 W: 010473.2 TITLE: Credit PROPOSED CHANGE ORDER' NO. 3 PROJECT: 2014 Maclellan Ranch DATE: 0813112016 Mcptellan Ranch Preserve Environmental Education Center JOB; 11 TO: Kerry Capoblanoo CONTRACTIPO: 2010-9135 Romkon, Inc, 1858 Pacific Ave. $UBMITTED: • 03/3112015 San Fr'anoisc4, CA 84109 COMPLETED: P11one.415.525-4432 Fax:415.629.2073 REQUIRED: VESCRIPTItiT�I. '. .. Credit provided for: -10 ft of 1.114" PVC conduit - 2x 1-114" PVC male connectors - 2x 1-114" PVC couplings - 2x.1.1/4" PVC 90deg elbows - 21irs Electrician & 2hrs Apprentice, Num Item Description Rof City Unit tlnrt Moo Amount I M Ma ON$ 1.000 7Q.Oq 70.00 2 MT, Tax on Matedala 1.000 6.48 8.48 3 E10 • Wooklclan 2.000 Hra 106,00 210,00 • 4 App Approntico 2.000 Hra 05,00 180A0 a ONO overhead & Profit 10% '1,000 47,05 47.66 Total: $524.13 APPROVAL By: Romkon, Ino, Date: • 03/31/2095 By: hate; tdUPAArtN.d• REQUE',ST FOR PRWE QUOTATION Project., Memnon Ranch Preserve Environmental ProjectNo.a, 2012-9133 Education Cpnter and Rloclts:nitl► Shop Relocatio►i . Rebid RV P No,; 037 To: Ro►nkon, Ync, Date-, 04124/15 1856 Pacific Aye Y9 Return Dy, 05I1S11 S San Franeisco, CA 94109 Attu; Requested By: Dana xohnson >lieasoet for Request: Credit for rorno-Y Ing the metal letters oh.the LEC b,Z the building Please submit a fiem quotation for anyadjustment to your contract fov the following changet 4 Credit for removing the metal letters on the EEC by the building •A#taclarnents; q ime and Materials not to cxeeed' x Lump Sum not to oxcecd x i7o NOf'proceed, submit quotatiouonlyShop Dravings•Required Proceed with work and. -submit quotation x No Shop Drawings Required - Return this request with your quotation rioted belaty and' Authorized By: ' attach all dotalled.back-up for the change outlined above, Your'quotation will not be eotisldered valid ut►less detailed baokiup isInoWded. Failure td,00inply will DARA Jt3ilNSON ° result in payment delays. 4/241,15 Date; THIS SECTION TO BE COUFL1'Y1'ED 13Y THE 'CONTRAMOR For tho change outlined above we propose: An increase of $ to Jho contract amount By. r t A deoreasc of $ 0 ld to the Co. ntraot amount Title; 0. No change Company: lhanbavewill necessitate: �add itlonaldays. Doto: extension of the original pontnwt completion date. Romkon 16c•, Cost Breakdown for Contract Modificatlon # 87 Project: McClellan Ranch preserve Environmental Education tenter Madlfication l7escriptlonc ' • ' Credit for removing the metal letters on the 5EC by the bullding ' Subcontractarts} ' Subcontractor Hours gate Labor matorial/equip Subtotal ' 51gns of Success Subcontractor. Markup $ - Totalsubcon'tracto'rc' General Contractor Trade Hours, ' ' . Rate Labor.' Materral/£gpip ; Subtotal, GC Markup Total Ganoral Contractor; Total General contractor & Subcontractors -5 GC Markup on subcoritractor Cast MOO. 'Subtotal $ (8a,5s}• Rending fleas Tata! Amount of Quotation Requested Time -Extension, Working4Day's ' r From: Signs of Success, inc. _, Uo. #781521 Attt1: isstimator Signage Credit For: City of Cupertino McClellan"Ranch Preserve Leaving Removed por Owner Requast Bid Spaclftcaliy Excludes unless noted,, Cast Cement, Illuminated Signs, Flectronio Monument,, Permits, Parking T, t Sign posts, •Wa#ver of Subrogation, Installation unless noted, paintod murals, any additloaal rlgns, materials or mothods not noted, This bid 1s valid for 94 days, Given tho pt Ova anergy crisis aid recentunexpected lnoreases In cods from our vehaors for,pouots and matelots, we thetofora must advise our clients that In theease that a danvery of p uets is:delUyed by olieat in ext;ess of 90 days ftom the time of bid remptioa theta will be. an, Inorcaso under the tents of a doltgr for dollar cost pass through Vow costs typrease mora then I at the time of iabrlcatlon, 2350 Skyway Dr, Unit 10 84nta Marls, Oalltornia 03456 . 'telephone (805) 926.7646• - Fs(805) 925.8181 www,slgnsofsuccess.net Prepared by devan 5/,4/2015 Page i CITY OF CUPERTINO REQUESTFOR PRICE QUOTATION Project: NleClollanRanohProservoEnvlronmental projecfNo.: 2012«9133 Education Ceutor And Blacksmith Shot) Relocntton - Robid RIP No.o 039 To: Rontlton, Inc, Date, - 511115 1$56 Pael[ie .Aye 49 Return By,. ASAP San Frnnclsco, CA 94109 Attn: Requested Ey: Dana Johnson Reason for Request: Price and product submittal request for electrical floor boxes, upgrade from eiectriclan standard. Please see attached AS[ 043 for further details. Please submit a firin quotation for any adjustment to your contract for tho following changer we need a product submittal to flnaflze the product and color of which type of metal you choose to US4 Attachmoutp.•Xk 043 and Material's not to exceed ::XdTime Lump Sum not to exceed x Do NOT proceed, submit quotation only Proceed with work and submit quotation- Shop Drastiiugs Required x No Shop Drawings Required Return this request with your quotation Hated below and Authorized By: attach all detailed back-up for the change outlined above, Your quotailon will not be considered valid unless detailed back-up is Included. FaMro to comply will result In payment delays, pIFI�A JglINSt�iV t e Date: THIS SECTION. TO BE, CQM.?_,ETED B -V THE CONT12410T©A Izor the vltang4 outlined abovo we propose, ' • An increase of / yro ilio coatroot amount B J 2k � • �{ !� decrease of to tits contract amour �t Title: a No change. company. The above -will necessitate additional days Mite: 7�11'y extension of tho original contract completion date. Cost Breakdown for Contract Modification # 39. Project: McClellan Ranch Preserve Environmental Education Center Modlficatton Description: Electrical Floor Boxes Per ASI 43 subcontractorisl Subcontractor 'Hours Ratetabor Materlaftulp Subtotal ARAM Electric $2,005.19' Subcontractor Markup I Is - 1•otal Subcontractor:, $ • 2,405.19. General Colitractor Trade Hours. Rate labor Material/equip 'Subtotal GC Markup - `$0.00 Total General Contractor: $ - Total General Contractor & Subcontractors $ •2,005.x9 .5 / GC Markup on Sub—contractor Cost $100,26 Subtotal $ 2,105.45 Bonding Fees $ Total Amount of Quotatlon $ 2,105.45 . Requested The Extension: 2 Wdrklit Da s AnAM Electric, Inc. !� 3065A1varadoSt#110 Phone: 610-WMRAM 6vrrr M. Saa ewdrv, CA 94877 Fax: 810-3713-2&" TITLI1 * Metallic f=loor Boxes PROPOSED CHANCE ORDER NO, 4 PROJECT; 2014 McClellan Ranch DATE: 05112/2015 McClellan Ranch Preserve Environmental Education Center JOE: 11 Tfl: Attn: Jeff Jensen CONTRACTIPO; 20109135 Romkon, Inc. 1556 PacI fc Ave. SUBMITTED: 05/12/2015 San Francisco, CA 94109 COMPLETED: Phone:415.525-4432 Pax:415-529-2073 REQUIRED: DESCRIPTION Par ASI -043 - Electrical Floor Boxes, Provide metallic floor box cover, Cover shall be cast aluminum or bronze, Finish color as directed by architect. Removal of existing and Installationg of revised. NUM Item Doscrlpflon fief City Unit Unit Price Amount i . M Materiels 1,000 LS 680.00 680.00 2 MT Tax on Materials 1.000 62.90 62.90 3 Plea Eleoldolan 8.000 firs 1051,00 840.00 4 Sap SuparAslon .2,000 firs 120.00 240.00 6 OP10 Overhead & Profit 10% 1.000 182.29 162,29 Total: $2,006.19 APPROVAL By. By: Romkon, Ino. Date; 05/12/2015 Date: Activot•ions dor Every Application! Walkerduct Pro Series Service Fittings offer a complete range of service fittings to meet all power, data and communication requirements. The flush flanges with interchangeable covers provide an aesthetio appearance that will please any architect or building owner, These flush service fittings are available In brushed aluminum, brass and nonmetallic finishes for single-, double- and triple -duct runs. Fittings are available for feeding directly out of the underfloor duct preset while keeping the connections to a minimum visibility. These metal covers fit directly over the preset and provide a simple and effective activation. When a traditional pedestal service fitting Is preferred, the 525 Series and the Multiplex'" Series Service Fittings can be mounted on the preset opening. All service fittings are UL Listed to U.S, and Canadian safety standards. These activations are Ideal for retail stores, schools, casinos and off loe buildings. Flush brass and aluminum two -gang fittings for Walkerduct Pro Serles. FEATURES & BENEFITS 'eriish'e"d aluirijriuli activations. Provides addltional ■ 528 Series Servioe Fittings and Multiplex Series Service finish optlons for better aesthetics. Fittings mount on preset, For those applications where im Flush activation assemblies for carpet and tile. a pedestal fitting Is desired, traditional activations can be Aesthetically pleasing fittings with low profile attaohad to the preset. connections for power and communications. M Communication connectivity options. Accepts Industry standard and proprietary devices from a wide range of manufacturers to provide a seamless and aesthetically pleasing Interface for voice, data, audio, and video applications at the point -of -use. M Fluah oarpet plates provide ease of connections. Saves time and money. The presot and cover replace the need for a handy box to maks conduit connections or splicing connections. Flush nonmetallic three -gang service fitting forWatkerduct Pro Series. it Flush flanges and covers (match Walker* Floor Boxes. When products are Installed in the some area, they offer a uniform appearance. )N Wide range of Activations. Whatever the requirement, there are several options to choose from without compromising aesthetics, functionality, or durability. — IIVIF'ORTANT — A minimum 11/211 preset or afterset fa required on Fro Series underfloor duct to support standard duplex receptacles and communication devices when using flush activations. The V preset or afterset should be specified for pedestal style fittings or when cabling will be pulled Through lite activation. point. 8178 818TCAL One -Going Brass or;I 616'li6a. Aluiriiriui?i'Combinatloiy Carpet and Tile Flange - Accepts Ortronlos MA136TJ TraoJack and MA8352 Ser(es II bezels, Activate CM -MAB bezel, and Wiremold Open System inserts, all sold separately. A 8 V81=7TQ& ANGE Inches mm Inches [mrnl 8.940 10 6.080 [164.4] i 4.060 112&61 NOTE: Brushed aluminum flanges came with beveled edges, 8278 Two -Gang] Brass or bit sl 4'• 828TOAL Aiu&R M'Combinafian Carpet and Til' Flange - Accepts Ortronlos MA86TJ TracJack and Series II bezels, Activate CM -MA bezel, and Wiremold Open Sy e Open System inserts, all sold A separately, NOTE: Brushed aluminum flanges acme with beveled edges, 8378 838TCAL ��,,.e,�+r� Throe -Gang Brass or Brushed Aluminum Combination Carpet and Tile Flange - Aocepts Ortronlos MA136TJ TraoJack and MA8382 Series II bezels, Activate CM -MAB bezel, and Wiremold Open Systems Inserts, all sold separately. A - a FLANGE Inohes [mm1 Inches rnlm 837TOAL 6,840 160,0 13.170 334,6 6378 6.000 HM Al 13.310 [330.11 NOTE: Brushed sluminum flanges come with beveled edges. NOTE: Brass covers and flanges ARE NOT Interchangeable with aluminum or nonmetallic covers and flanges. Nonmetallic covers ARF_ Interchangeable -with aluminum flanges, Catalon NoAtem DosorlotionIfteolfications 817POO-ELK One -Gang Nonmetallic Carpet 817PCC-BRN and Tile Flange - Available In black or brown. Accepts Ortronlcs MAI36TJ TracJaok and MASS82 a• Series II bezels, Activate GM -MAB ti bezel, and Wlramold Open System [12W Inserts, all sold separately. p 1mmI[146mml 827PCC-BLK Two -Gang Nonmetallic Carpet 827PCC-BRN and Tile Flange - Available In black or brown. Accepts Ortronlos MA86TJ TracJaok and MAB3S2 Series Il bezels, Activate CM -MAB bezel, and Wlramold span Inserts, 8718° all sold separately, 6 314" [228mm1 [idOmm] 837PCC-k3LK Three -Gang Nonmetallic Carpet 837PCC-813N and Tile Flange -Available In black or brown. Accepts Ortronlos MA86TJ TraaJaok and MABS82 Series II bezels, Activate CM -MAB bezel, and Wiremold Open System Inserts, all sold separately. 18' [330mm1 6 314° [148mm[ NOTE: Brass oovers and flanges ARE NOtInterahangsable with aluminum or nonmetalifo oovers and flanges. Nonmetaillo oovers ARE interchangeable with aluminum flanges Watkerduct Pro Series Rus' Catala No./Item Dascrl tion/S ecificattons 8288 Brass or Brushed Aluminum 82OR-TOAL Duplex Laver Plate -- Flip lids. Can also be used with a 106 type communication bezel, A A COVER. Inches mm Inohes mm 828R•TOAL 3,290 83.6 4.310 109.8 6288 S.f60 180.2 4.182 [196,2 8280FITo Brass or•BrU'sfjQd Aluirlintlni; 8280FITCAL, GFI Cover Plate - May be used with Aotivate and Ortronlcs Conneotivlty Systems In conjunction with 817, 827 A 8 and 837 Series flanges. ' A t3 COVER inohas mml 18ohss [mm 82613FITOAL 3.290 4310 109.6 0160FITO 3.166 80.2 4.182 (108.2 82ODPGFITC "' Brass or*'-ds�ie.. Alutftinulp; 828DPlaFITCAL Rectangular Cover Plate -Allows for mounting of a duplex style reoeptaolo with a rectangular fllp lid i cover plate, 3,158 100.2mn I162mmj n 828SPTC Brass Duplex Cover Plate - Screw plugs. Screw plugs are 1 1120 [Umm) In diameter, P41/8 Sll$ (79mmmJ NOTE. Not available In Brushed Aluminum finleh. 829STO Brass Communloation Cover Plate — Data slides. Feed through only, not for use with a mounting o w plate for communloatlon lacks. 31184 Ila, Vemml [1o5mm1 NOM Not avallabls In Brushed Aluminum finish. NOTE: Brass oovers and flanges ARE NOtInterahangsable with aluminum or nonmetalifo oovers and flanges. Nonmetaillo oovers ARE interchangeable with aluminum flanges Project No. 2012-9133 DOCUMENT 00520 oCONTRACT THIS CONTRACT, dated this 2id day of April 2014, by and between Romkon Inc., whose place of business is located at 1856 Pacific Avenue, #9, San Francisco, CA, 94109, ("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, on the 1st day of April, 2014 awarded to Contractor the following Project: PROJECT NUMBER 2012-9133 MCCLELLAN RANCH ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - RE -BID NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: 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 Carmen Lynaugh, Public Works Project Manager, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as 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 obligations to City, including without limitation, all releases and indemnities. 2.2 City has designated Siegel & Strain Architect as the project Consultant. City may change the identity of the project Consultant at any time with notice and without liability to Contractor. 2.3 City has designated Gilbane Building Company to act as Construction Managers. City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.4 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 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. The Contract Time will commence on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 60 Days after the Notice of Award. The City anticipates issuing the Notice to Proceed on May 1, 2014 and commence work on this date. Contractor shall not perform any Work at the site prior June 2, 2014. City of Cupertino 00520- 1 Romkon Inc. Contract MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid Project No. 2012-9133 Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) within 300 Calendar 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 of this Contract and that City will suffer financial loss in the form of contract administration expenses (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 Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of 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 $2,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.2 $3,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS AND NOISE DISTURBANCES. 3.2.3 Three Months Salary for each 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 any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. Liquidated damages 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. Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements. 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. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached City of Cupertino 00520-2 Romkon Inc. Contract MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid Project No. 2012-9133 Article 5. Contractor's Representations In order to induce City to enter into this Contract, 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 programs 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, Hazardous Materials Surveys 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); and 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 and 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. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seg. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non -Collusion Affidavit Document 00482 Bidder Certifications City of Cupertino 00520-3 Romkon Inc. Contract MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid Project No. 2012-9133 Document 00510 Notice of Award Document 00520 Contract Document 00530 Insurance Forms 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 Any and All Claims Document 00660 Substitution Request Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Special Environmental Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Document 00823 Tree Protection Technical Specification/Special Provisions Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys 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 Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract 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. 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 and 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 16700) 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 wages 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, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northern.htmi and shall be made available to any interested party on request. Pursuant to Section 1861 of 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 City of Cupertino 00520-4 Romkon Inc. Contract MRP Environmental Education Center & Blacksmith Shop Relocation —Re -Bid Project No. 2012-9133 for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract 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 Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest 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 Contract 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, Chapter 5. City of Cupertino 00520-5 Romkon Inc. Contract MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid Project No. 2012-9133 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. MCCLELLAN RANCH PRESERVE ENVIRONMENTATL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATON — RE -BID CITY: CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of the Romkon Inc. State of California By. _ [Sig �atu� Attest: aRoman Knop _ [Please print name here] �,7f City Clerk: Grace Schmi Approved as to form by City Attorney: y Attorney: Carol Korade I hereby certify, under penalty of perjury, that David Brandt, City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino. Dated: 12'+ 1 [ L4 vid Brandt, City Manager of the City of Cupertino, a Municipal Corporation of the State of California Designated Representative: Name: Timm Borden Title: Director of Public Works Address: 10300 Torre Ave., Cupertino, CA 95014 Phone: 408-777-3354 Facsimile: 408-777-3333 � % ( p AMOUNT: $ 1.798,000.000 ACCOUNT NUMBER:420-9133-930 FILE NO.: 92,022.09 Title: President [If Corporation: Chairman, President, or ice rs,& ent] By: [Signs u Roman Knee [Please print name here] Title: Secretary [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] 620277 A & B State Contractor's License No. Classification 8/31/2015 Iiration Date Taxpayer ID No. 94-3372698 Name: Roman Knop Title: President Address: 1856 Pacific Ave.. 49, San Francisco, CA 94109 Phone; 415-525-4432 Facsimile: romkoninc@yahoo.com NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT City of Cupertino 00520-6 Romkon Inc. Contract MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Francisco On April 15, 2014 before me, Jeff Jensen, Notary Public (Here insert name and title of the officer) personally appeared Roman Knop who proved to me on the basis of satisfactory evidence to be the person(&) whose name Is subscribed to the within instrtnnent and acknowledged to me that 3e executed the same in is . authorized eapacity(-ies* and that by is 4 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of t to of California that the foregoing paragraph is true and correct. JEFF JENSEN 1�nn N NOTARY UC BLICALLIIFFORNIA y! WITNESS my hand and officio eat--�- My COMN. EXP sMAn 3112015 Signature Cary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Document 00520 Contract (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date 04/02/14 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www,NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California, In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefnly for proper notarial warding and attach this form if required. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i,e. helshe/they,- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of J %(\+a- G( es-rol CIVIL CODE § 1189 On Apell ;-L! 2-0(q before me,KCS-kL\ KZ _v%e_,e lct� N9� a r db(iS Date Here Inserl me antl Title of the Oiticer personally appeared D-Poj I CL r gnrQ i Name(s) of Slgner(s) ------------- KIRSTEN RENEE SOUARCIA Commission # 1906898 < -e - Notary Public - California z Z Santa Clara County m My Comm. Expires Oct 4i" Place Notary Seal Above who proved to me on the basis of satisf tory evidence to be the persona'( whose name(," 'Fare subscribed to the within instrument and acknowledged me that he/she/they executed the same in her/their authorized capacity(), and that by h' /her/their signatureM on the instrument the person,ej or the entity upon behalf of which the person(K acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. O Signature: e -� Signature of Notary Pub' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ,.t�,, Title orTypeofDocument: Rom kan Coh+,f'aa+ Pred NO :-017--Jq t33 Document Date: ii(+I ei i t wtµ Number of Pages: (a Signer(s) Other Than Named Above: Rowt oug kno P Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT` OF SIGNER' ❑ Partner — ❑Limited ❑GeneralTop of thumb h 0 ❑ Corporate Officer — Title(s): ❑Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: W m m rvancnai oceary Hseocianon • earonanvorary.org • r-uue-us NU i AMY p-eoo-niti-titl2I) our 85907 Contractor's Name: Romkon Inc. DOCUMENT 00400 BID FORM EXHIBIT A Project No. 2012.9133 To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID IS SUBMITTED BY: Romkon Inc. (Firm/Company Name) Re: PROSECT NUMBER 2012-9133 MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACILSMITH SIIOP RELOCATION — RE -BID 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for tine 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 Forth most 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 subiect to occeotance for 90 Dnvs niter the day of Bid onenine. 3. Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis and given noticos, regarding the Project and the Site, as set forth in Document 00520 (Contract), Article 5, 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as -built drawingsandactual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5. Bidder attended the non -mandatory Pre -Bid Conference. YES X NO 6. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430 (Subcontractors List). 7. The undersigned Bidder understands that City reserves the right to reject this Bid. S. 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 paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to, Document 00520 (Contract), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Band). City of Cupertino Bid Form MRI' Environmental Education Center & 00400 • 1 Blacksmith Sinop Relocation — Re -Bid EXHIBIT A Contractor's Name: Romkon Inc. Project No. 2012-9133 9. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page. t0. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (10%) of the total of Base Bid and made payable to the "City of Cupertino". it. The undersigned Bidder agrees to commence Work under the Contract Docwnents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (Contract). 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 right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents. 12. The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 (Contract) shall be as set forth in Document 00520 (Contract). City of Cupertino Bid Form MRP Environmental Education Center & 00400-2 Blacksmith Shop Relocation—Re-Bid Contractor's Name: Romkon Inc SCHEDULE OF BID PRICES EXHIBIT A Project No, 2012.9133 All Bid items, including lump sums and unit prices, must be filled in completely. Quote in figures only, unless words are specifically requested. �_I11EMkiF�r�+,rtJxpabRrG7�IPS I ��'rt IT OI'PQI$, = e � . Q�,,. I CONSTRUCT ENVIRONMENTAL EDUCATION CENTER AND LS I l q- 9 g Dog 11 0" 0 0o BLACKSMITH SHOP RELOCATION PROJECT COMPLETE INE 1,OTALSE _ TOTAL BASE BID PRICE: (words) Unit Leeend LS = Lump Sum AL = Allowance EA = Each SF = Square Feet LF = Linear Feet CY = Cubic Yards TON = Ton or 2,000 Pounds LB = Pounds ( ) = Deductive amount City of Cupertino Bid Form MRP Environmental Education Center & 00400-3 Blacksmith Shop Rclocadon—Re-Bid Contractor's Name: Romkon Inc EXHIBIT A Project No. 2012.9133 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date 1 2/5/14 2 2/13/14 3 2/19/14 Bidder proposes and agrees to fully perform the Work within the time slated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form. NAME OF BADDER: Romkon Inc. licensed in accordance with an act for the registration of Contractors, and with license number: 620277 Expiration Date: 8/31115 California incorporated, if applicable President - Roman Knop Secretary - Roman Knop Treasurer - Roman Knop Principals I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoia i and correct. Signahrre o Bi NOTE: if Bidder is a corporation, set forth the legal name of the corporation, state where incorporated, 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: Romkon Inc 1856 Pacific Ave., #9 San Francisco, California 94109 Officers authorized to sign contracts: Roman Knop Typed Full Namc: Telephone Numbcr(s): 415.525.4432 Fax Number(s): 415.529.2073 E -Mail Address: romkonine@yahoo.com END OF DOCUMENT City of Cupertino Bid Forni MRP Environmental Education Center & 00400-4 Blacksmith Shop Relocation—Re-Aid DOCUMENT 00411 BOND ACc0rvxPANYiNc BID KNOW ALL BY THOSE VUSENTS: EXHIBIT A Project No. 2012-9133 That the undersigued Romkon, Inc. as Principal, and the undersigned as surety, are held -and fainly bound unto the CITY OF CUPERTINO, a Muttici al Corporation of the State of California ("City"), as obligee, in the penal soot of Ten Percent (10%) of the Amount Bid bo4ars (S________ ________l lawful money of tho United States of America boitng at least tea percent (10%) of the aggregate amount of said Principal Romkon. Inc. 's ,Base laid, for the payment of which, well and truly to be made„ we bind ourselves, our successors, executors, adminlstrators, and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is submitting a gid for City Projeet No. 2012.9133, MCCLELLM RANCH EN'VIttONMENTAL F, DUCA'TION CENTER AND BLAC SIMTH SHOP RELOCATION — RE -BED TiIB CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal mid said Principal shall within the required perlods enter into the Contract so awarded and provide the required Construction Pet£ommanco Bond, Constructtort Labor and Nlattwial Payment Bond, iusumace certificates, and all other endorsements, forms, said documents required under Document 00200 (Instructions to Bidders), then this obligation shall be void, otherwise to xamaht in full force and effect. IN yVITN588 WHEREOF, the above bouaden parties have executed this Instrument this 10th day of February 20 14, (Corporate, Seal) Romkon, Inc. By Principal RLI Insurance Company (Corporate Seal) Surety By Ury Bae Attomey isact END OF DOCUMENT City of Cupertino Band Aocompa:�vin$ Aid BW Bavirmanetaal Education center 3c 00411.1 Blacksmith Shop Relocatioa — Re -Hid EXHIBIT A ACKNOWLEDGMENT State of California County of San Mateo ) On February 10, 2014 before me, Deborah M. Knipp, Notary Public (insert name and title of the officer) personally appeared Mary Baez who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature aj t DEBORAH M. KNIPP o COMM, #1979771 p 's, , „" Notary Public • CoNtonilo z R ` San Mateo County L My Comm. Expires May 26, 2016 P (Seal) RL'® RLI Surety P,0. Box 3947 1 Peoria, ]L 61612-3967 Phone: (M)645.2402 1 Fax: (309)68M036 W WWA1corp.com Know All Men by These Presents; EXHIBIT A POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, a(n) Illinois corporation, does hereby make, constitute and appoint: Greg McCartney. Steve Suissa. Mary Baez. join IX or severally in the City of Belmont , State of California its true and lawful Agent and Attorney in Fact, with fidl power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed Lan the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company, The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimRe.11 IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 19th day of Aj2dl 2013 � \IIIIIIIf 11 IiLI Insurance Company Sty SEAL; _ � a State of Illinoi_, rg Roy C. DieL�') Vlea President s l ' SS County of Peoria CERTIRICATR On this 19th day of April , , _ 2013 before me, a Notary Public, 1, the undersigned offcer of RLI Insurance Cmnpnny, a stock personally appeared Rev C. Di who being by me duly sworn, corporation of the State of Illinois, do hereby certify drat the attached acknowledged that Ire signe the of Attorney as the aforesaid Power of Attorney is in full force mrd effect and is irrevocable; and officer of the RLI Insurance Company and acknowledged said instrument furthermore, that the Resolution of the Company as set forth in Clio to be tiro voluntary act and deed of said corporation. Power of Attorney, is now in force, In testimony whereof, I have heretm Net my hand and the seal of th6 V Insurance Company this t ,dayofFe runry _ I4 Jacqu ine M. }Jocktor Notary Public uo\sar "OFFICIAL SEAL" rue\w JACQUELINE M. 8OCKLER amrcor manus COMMI86I011FxPIREa 09HMi4 m RLI Insurance Company Roy C. Dle Vice President 0406462020212 A0059411 Contractor's Name: Romkon Inc. DOCUMENT 00430 EXHIBIT A Project No. 2012-9133 REQUIRED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor information in conformance with the California Public Contract Code where the value of the Subcontractor's work is or exceeds % of one percent (.05%) of the Base Bid or ten thousand dollars ($10,000), whichever is greater, on Document 00400. Failure to do so will render Bid Non Responsive. Bidder is reminded that Listed Subcontractors cannot be substituted by the Apparent Low Bidder after Bid has been submitted and opened, without City's formal approval. Subcontractor Name Address & Phone No. License No, Trade $ Was $ Mip PIA 1A CA h U rf oS ��aXY r"Genn r /5 v I'I' S'rGG'+V - d -AA- 147 ST(L`'rc"Tr, rL tC` yCl.� C,AKrh`tC"ref,01-L C.)2. MT75 5fs Nl fi`C Y s n4 tzor--(i n( 41 K (A 1 C S fo W, (X l2L C,Ra 4:i EXHIBIT A Contractor's Name: Romkon Inc. Project No. 2012-9133 DoCUNMNT 00430 REQUIRED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor information in conformance with the California Public Contract Code where the value of the Subcontractor's work is or exceeds %, of one percent (.05%) of the Base Bid or ten thousand dollars ($10,000), whichever is greater, on Document 00400. Failure to do so will render Bid Non Responsive, Bidder is reminded that Listed Subcontractors cannot be substituted by the Apparent Low Bidder after Bid has been sohmitted and opened, without City's formal approval, VOLUNTARY SUBCONTRACTOR LIST Bidder is requested to voluntarily provide Subcontractor information listed below for subcontract work whose value is less than %z of one percent of the Base Bid or ten thousand dollars ($10,000), whichever is greater, on Document 00400. Failure to do so will have no impact on Bid. Bidder is requested not to substitute Subcontractors after Bid has been submitted and opened, without City's informal approval. END OF DOCUMENT City of Cupertino 00430. 1 Subcontractors List MRP Environmental Education Center & Blaoksmith Shop Relocation— Re -Bid EXHIBIT A Supplemental Information Received on February 26, 2014 EXHIBIT A Contractor's Name; Romkon [no, Project No. 2012.9133 DOCUMENT 00430 IM, QUIRMI) SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor Information in conformance with the California Publio Contract Code where the value Mile Subcontractor's work Is or exceeds %a of one percent (.05%) of the Base Bid or ton thousand dollars ($10,000), whichever Is greater, on Document 00400, Failure to do so will render Bid Non Responsive, Bidder is reminded that Listed Subcontractors cannot be substituted by the Apparent Low Bidder after Bid has been submitted and opened, without City's formal approval. Subcontractor Name Address &Phone No. License No. Trade $ Value $ 937826 —610tdo.J2cA•K,raNny. 305,600 OS 363562 F_ro oa t,)r 5,452 L 956902 5TF-IiAl�r`en.. &rcr r.,, 59,847 C.r49t7�� 6rMEY+ t S G 4' 125327 Sr(AIglfi.sr f 6'- 7,666 ,) Pe- LPm1dA dc(, L i eJ 955544 1 L Ula 35,318 f)ND PDFl%V P 521860 F, 67,200 PZ - a4e-A- 0 (,rem 570970 �IrZreq C, RJ Cj'i—Y-'-td,S J+C 14 t-4'i'S 662718 (-4YL�M•G 5Cf*n�l Cf4 3,984 Attuh additional sheets if necesuury VOLUNTARY SUBCONTRACTOR LIST Bidder is requested to voluntarily provide Subcontraotar Informallon listed below for subcominct work whose value is less than Ya of one percent of the Baso Bid or ton thousand dollars ($10,000), whichever is greater, on Document 00400, Failure to do so will have no Impact on Bid. Bidder is requested not to substitute Subcontraotors after Bid has been submitted and opened, without City's Informal approval. & Mono No. BND OF DOCUMENT City of Cupertino 00430-1 Subcoutractars List MRP Environmontal lidusutluu Center & Blackamitb Shop Rolocution—Iia-Bid EXHIBIT A Contractor's Name; Romkonlno. PlnjeolNo.201&9133 DOCUMENT 00430 REQUIRED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor information In conformance with the California Public Contract or dollars e where the 00) value Of Subgr atter,tar's Work an Document 00400. Failurs Yz ofa to d esoewi nt 1 tenderBid Non Responsive. f Cie Base Bid or kbousand Bidder is randmi e d tha Iisted formal ubcot cannotbe substltatod by tho Apparent Low Bidder atter Bid has been vOLUNTARYSUECONTRACTORLIST Bidder is requested to voluntarily provide Subcontractor information listod below forsuboontract work whose value Is Was than S5 of one percent of the Baso Bid or ten thousand dollars ($10,000), whiobover is greater, on Document 00400. Failure to do so will have no Impact on Bid. Bidder is requested not to substitute Subcontractors altar Bid has been submitted and opened, witbout City's infarmel approval. END OF DOCUMENT City ?,M V,,Irontna 00430.1 Subcontractors List IvIltP d?�uvirorumnial I4lucadan Center & Blaokamith ShopRelocaticn — RwBld EXHIBIT A Project No. 2012-9133 DOCUMENT 00481 NON -COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) )as. COUNTY OF San Francisco ) Roman Knop being first duly sworn, deposes and says that he or she is President [Office of Affiant] of Romkon Inc. [Name of Bidder], the patty 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 contract, 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 advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are 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, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. Executed under penalty of peijury under the laws of the State of California: Romkon Inc. (Name of Bidder) (Signature of Princip Subscribed and sworn before me This day of 20_ Notary Public of the State of In and for the County of My Commission expires (Seal) (If Bidder is a partnership or ajoint venture, this affidavit must be signed and sworn to by every mennber 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, Assistuat Secretary, Chief Financial Officer, or Assistant Treasurer.) (If Bidder's affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be. certified according to law.) END OF DOCUMENT City of Cupertino 00481-1 Non -Collusion Affidavit MRP Environmental Education Center& Blacksmith Shop Relocation — Re -Bid EXHIBIT A State of California County of San Francisco Subscribed and sworn to (or affirmed) before me on this 25th day of February 20 14 , by Roman Knoo proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. JEFF JENSEN �a COMM# 193D99D y! NOTARY 06'6LICCALIFONIA N Mr COUM RA . MAA COSTA 0MY 31 x2016 L (Seal) Signatu i Project No. 2012-9133 CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub -contract work, contractual obligations, product or completed operations, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name Gilbane Building Company and the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. City of Cupertino 00530-2 Insurance Forms MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid Project No. 2012-9133 LIMITS Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California — Worker's comp "statutory" per CA Law; Employers' Liability $1,000,000 per occurrence. General Liability - commercial general liability; Combined single limit of $2.0 million per including provisions for contractual liability, occurrence; $4.0 million in the aggregate personal injury, independent contractors and products — completed operations hazard. Automobile Liability - comprehensive covering Combined single limit of $1.0 million per owned, non -owned and hired automobiles. occurrence. 0 f -t F- n,n 3_114 (Contractor's Name) i By: Dated: Aar, 20/i City of Cupertino 00530-3 Insurance Forms MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid CITY OF CUPERTINO Project No. 2012-9133 CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: Romkon Inc. Address: 261 17th Ave. Description of operations/locations/products insured (show contract name and/or number, if any): McClellan Ranch Preserve Environmental Education Center and Blacksmith Shop WORKER'S COMPENSATION * Statutory Min. * Employer's State Compensation Insurance Fund Liability (name of insurer) $ t000,000 $ 1,000,000 $ 1,000,000 Insurance Company's State License No. 30576 ------------------------------ ------------------------------ Check Policy Type: Each Occurrence $ 3,000,000 COMPREHENSIVE GENERAL LIABILITY [ ] Premises/Operations General Aggregate $ 4,000,000 (if applicable) [ ] Owners & Contractors Protective Aggregate $ 4,000,000 [ ] Contractual for Specific Contract Personal Injury $ [ ] Products Liability [ ] XCU Hazards [ ] Broad Form P.D. Fire Damage (any one fire) $ 100,000 [ ] Severability of Interest Clause [ ] Personal Injury with Medical Expense $ 5,000 Employee Exclusion Removed (any one person) or Self -Insured COMMERCIAL GENERAL LIABILITY Retention $ 2,500 Colony Insurance Company (name of insurer) PolicyNo. 103GL0002897-00 --------------------------------------------------------------------- Expiration Date 03/12/2015 City of Cupertino 00530-4 Insurance Forms MRP Environmental Education Center & Blacksmith Shop Relocation —Re -Bid Project No. 2012-9133 AUTOMOTIVE/VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage Each Accident Century National (name of insurer) $ or Combined Single Limit $ 1,000,000 Policy No. 6AP0170303 Expiration Date 03/12/2015 BUILDER'S RISK "ALL RISK" This is to certify that the following policy has been issued by the below -stated company in conformance with the requirements of the project documents and is in force at this time. Policy No. Limits of Liability: (Name of insurer) Expiration Date Deductible: ---------------- ---------------------------- ----------------------- ---------------- _ A copy of all Endorsements to the policy(ies) which in any way (agent's initial) limit the above -listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance 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. IT IS HEREBY the Agreement b Attach Certificate [FIED that the above policy(ies) provide liability insurance as required by the City and the insured. Dated: Apt U q 20 l') and Additional Insured Endorsement on company forms. City of Cupertino 00530-5 Insurance Fonns MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid CITY OF Project No, 2012-9133 2 ADDITIONAL INSURED ENDORSEMENT and CUPERTINO ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: McClellan Ranch Preserve Environmental Education Center, Project No. 2012-9133 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and Gilbane Building Company and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. INFORMATION 1. Insurance Company: Colony Insurance Company 2. Insurance Policy Number: 103GL000289700 3. Effective Date of this Endorsement: April 2 2014 4. Insured: Romkon Inc. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Dmitriy Golodriga (print/typename) warrant that 1 have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. City of Cupertino 00530-6 Insurance Forms MRP Environmental Education Center & Blacksmith Shop Relocation— Re -Bid Signature of Authorized Representative: (Original signature required on all Endorseme f n Names of Agent/Agency: Broad Spectrum Insurance Services Address: 1000 Brannan St. Ste 205 San Francisco, CA 94103 City of Cupertino 00530-7 MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid Project No. 2012-9133 to the District) Title: prinrinal Telephone: 650-259-8000 Facsimile: 866-898-4674 Insurance Forms CITY OF Project No. 2012-9133 ADDITIONAL INSURED ENDORSEMENT MW and CUP'ERTINO ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: McClellan Ranch Preserve Environmental Education Center, Project No. 2012-9133 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and Gilbane Building Company and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: Century National Insurance Company 2. Insurance Policy Number: BAP0170303 3. Effective Date of this Endorsement: 4. Insured: Romkon Inc. 2014 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Dmitriv Golodriga (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. City of Cupertino 00530-6 Insurance Forms MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid Signature of Authorized Representati) (Original signature required on all Names of Agent/Agency: Broad Spectrum Insurance Services Address: 1000 Brannan St. Ste 205 Project No. 2012-9133 to the District) Title: prinrinal Telephone: 650-259-8000 San Francisco, CA 94103 Facsimile: 866-898-4674 City of Cupertino 00530-7 MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid Insurance Forms cXry of Project No. 2012-9133 COMPREHENSIVE GENERAL LIABILITY LU COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF C 1PERTINO INSURANCE PER PROJECT Project Title and Number: McClellan Ranch Preserve Environmental Education Center, Project No. 2012-9133 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below -referenced policy of insurance. The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as McClellan Ranch Preserve Environmental Education Center and Blacksmith Shop Relocation POLICY INFORMATION 1. Insurance Company: Colony Insurance Company 2. Insurance Policy Number: 103GL000289700 3. Effective Date of this Endorsement: April 2 201 4. Insured: Romkon Inc. 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Dmitriy Golodriga (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsem t fu ished to the District) Names of Agent/Agency: Broad Spectrum Insurance Services Address: 1000 Brannan St. Ste 205 San Francisco, CA 94103 City of Cupertino 00530-8 MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid Title: Principal Telephone: as0-2sa-annn Facsimile: 866-898-4674 Insurance Forms CITY OF WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE Project No. 2012-9133 Project Title and Number: McClellan Ranch Preserve Environmental Education Center, Project No. 2012-9133 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above -referenced Contract. POLICY INFORMATION 1. Insurance Company: itatp ro mpencatinn Incuranra Fund 2. Insurance Policy Number: 1969179-9014 3. Effective Date of this Endorsement:_ April 2 2014 4. Insured: Romkon Inc. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Dmitriy Golodriga (print/type name) warrant that I have authority to bind the below listed Insurano Company and by my signature hereon do so bind this Company. Signature of Authorized RepresentatiN (Original signature required on all Names of Agent/Agency: Broad Spectrum Insurance Services 1000 Brannan St. Ste 205 San Francisco, CA 94103 to the Title: Principal Telephone: 650-259-8000 Facsimile: 866-898-4674 END OF DOCUMENT City oPCupertino 00530-9 Insurance Forms MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid 103 GL 0002897-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - COMPLETED OPERATIONS & ONGOING OPERATIONS AS SCHEDULED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Operations All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured for non -wrap Insured commercial projects only A. Section II —Who Is An Insured is amended to include the person(s) or organization(s) shown in the Schedule (called additional insured), but only with respect to: (1) Liability for "bodily injury" or "property damage" caused, in whole or in part, resulting from "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard" when you and such person(s) or organization(s) have agreed in writing in a con- tract or agreement that such person(s) or organization(s) be named as an additional in- sured on your policy. (2) Liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by resulting from: (a) Your acts or omissions; or (b)The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the loca- tion(s) designated above. B. Section IV — Commercial General Liability Conditions, 4. Other Insurance is amended and the following added: If you are required by written contract to provide primary insurance, the insurance afforded by this Coverage Part for the additional insured shown in the Schedule is primary insurance and we will not seek contribution from any other insurance available to that additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U462-0310 Includes copyrighted material of ISO Properties, Inc., 2004 Page 1 of 1 with its permission. 103 GL 0002897.00 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ac Designated Construction Projects: All projects during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declai tions as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" Under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I — COVERAGE C MEDICAL PAYMENTS, which can be attributed only to ongoing operations at a single designated con- struction project shown In the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except damages because of "bodily injury' or "property damage" Included in the "products -completed operations hazard", and for medical expenses under SECTION I — COVERAGE C MEDICAL PAYMENTS regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c, Persons or organizations making claims or bringing "suits". 8. Any payments made under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages or under SECTION I - COVERAGE C MEDICAL EXPENSES shall reduce the Designated Construction Project General Aggregate Limit for that des- ignated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damages to Premises Rented to You and Medical Expensecontinue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit, 5. The most we will pay for the sum of all Designated Construction Project General Aggregate Limits combined and to which this insurance applies is $5,000,000. UCG2503-0810 Contains material Copyright, Insurance Services Office, Inc., 1956 Page 1 of 2 with its permission 103 GL 0002897.00 B. For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" Under SECTION I -- COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and caused by accidents under SECTION I -- COVERAGE C MEDICAL PAYMENTS, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages or under SECTION I — COVERAGE C MEDICAL PAYMENTS shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever Is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability resulting from the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit, D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or If the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. UCG2503-0310 Contains material Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 with its permission. i CENTURY NATIONAL INSURANCE COMPANY P.O. Box 3999 • North Hollywood, CA 91609-0599 For Service Call Your Broker. For Claims Call: 800-733-1980 Name of Insured: Endorsement Effective Date and Time: ROMKON INC 04/04/2014 at 12:18 PM Term Covers from: Endorsement Number: Policy Number: -Policy BAP0170303 12:01 AM on 03/12/2014 to 03/12/2015 at 12:01AM 001 Name of Agency: BROAD SPECTRUM INS SVCS INC 240700 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. "THE RIGHT TO SUBROGATE AGAINST THE ADDITIONAL INSURED NAMED BELOW IS WAIVED FOR LOSSES PAID WHICH ARISE OUT OF THE OPERATIONS OF THE NAMED INSURED", FOR WHICH THE NAMED ADDITIONAL INSURED HAS NO INDEPENDENT NEGLIGENCE. CERTIFICATE HOLDER $100 The insurance is Primary and Non -Contributory with respect to any insurance carried by the Additional Insured THE CITY OF CUPERTINO AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ATTN: CONTRACT ADMINISTRATION/INSPECTION 10300 TORRE AVE CUPERTINO CA 95014 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Date Printed: 04/09/2014 MARICELA SANCHEZ CN 613A (07/11) Page 1 CENTURY -NATIONAL INSURANCE COMPANY P.O. Box 3999 • North Hollywood, CA 91609-0599 For Service Call Your Broker. For Claims Call: 800-733-1980 BROAD SPECTRUM INS SVCS INC 1000 BRANNAN ST STE 205 SAN FRANCISCO CA 941034888 (650) 259-8000 ROMKON INC 1000 BRANNAN ST STE 205 SAN FRANCISCO CA 94103 Name of Insured: ROMKON INC Endorsement Effective Date and Time: 04/04/2014 at 12:18 PM Policy Number: Policy Term Covers from: Endorsement Number: BAP0170303 12:01 AM on 03/12/2014 to 03/12/2015 at 12:01AM 1 001 Name of Agency: BROAD SPECTRUM INS SVCS INC 240700 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured Endorsement IT IS AGREED THAT INSURANCE AFFORDED BY THE ABOVE POLICY SHALL APPLY TO THE PARTY(S) NAMED BELOW, AS THEIR INTEREST MAY APPEAR BUT SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY. ANY ADDITIONAL INSURED LANGUAGE ON A CERTIFICATE OF INSURANCE IS VOID. The additional insured named below is only an insured for liability which is the result of an act or omission of the "NAMED INSURED" of the policy and shall have no coverage under this endorsement or the policy for its own acts or omissions, those of its agents or employees, or those of any other person or entity for which it is vicariously liable, save for acts of omissions of the "NAMED INSURED" of the policy. Further, any insurance provided by this endorsement shall be excess to all other insurance available to any person or entity who becomes an insured by reason of this endorsement whether the other insurance is primary or excess and whether or not the other insurance is collectible. In the event the other insurer has a duty to defend any person or entity added to our policy by reason of this endorsement, we will have no duty to defend that person or entity however, we may elect to do so, and, if we do, we will be entitled to the rights of any person or entity we do defend against the other insurer. ADDITIONAL INSURED THE CITY OF CUPERTINO AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ATTN: CONTRACT ADMINISTRATION/INSPECTION 10300 TORRE AVE CUPERTINO CA 95014 NOTICE OF CANCELLATION ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Date Printed: 04/09/2014 MARICELA SANCHEZ CN 613 (07/11) Page 1 ROMKON INC 1000 BRANNAN ST STE 205 SAN FRANCISCO; CA 94103 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT y0U PERFORM WORE UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2_00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED.INSURED SUBROGA'T'ION HAS AGREED BY WRITTEN` CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO :VARY, ALTER, WAIVE OR EXTEND ANY OF :THE 'TERMS, CONDITIONS,`AGREEMENTS, ,OR :LIMITATIONS' OF THIS POLICY OTHER THAN A$ STATED. -NOTHING ELSEWHERE IN THIS POLICY' SHALL' BE HELD TO 'VARY, ALTER WAIVE OR LIMIT THE TERMS, : CONDITIONS; AGREEMENTS OR LIMITATIONS 'OP TWIS L`NDOR. EN. iT - COUNTERSIGNEO AND ISSUED AT AUTWORIZEO REPRESENTA NE -'SCIP FOgM 70217 (flEV.1-2072) 26, 2014 PRESIDENT AND CEO 2572' OLD OP 217 Project No, 2012-9133 Bond No: SSB401286 DOCUMENT 00610 Premium: $21,480.00 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated f1, rlp 111, 2014, is in the penal sum of [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to Romkon, Inc. ("Contractor"), RLI Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR Name 1856 Pacific Ave., #9 Address San Francisco, CA 94109 City/State/Zip SURETY: RLI Insurance Company Name P.O. Box 3967 Principal Place of Business Peoria, IL 61612-3967 _ City/State/Zip CONSTRUCTION CONTRACT: MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION — RE -BID PROJECT NUMBER 2012-9133 at Cupertino, California. DATED April 2 , 20 14 in the Amount of $ 1,798,000.00 (the "Penal Sum") CONTRACTOR AS PRINCIPAL _--.---- SURETY Company: (corp. seal) Romkon, Company: (Corp. Seal) RLI Insurance Company Signature: N '� � Signature: e// NameandTitle: Rome, l<nn4_ Name and Title: Mary Baez,A- rney-In-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond. 3. If there is no City Default, Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or City of Cupertino 00610- 1 Construction Performance Bond MRP Environmental Education Center & Blacksmith Shop Relocation—Re-Bid Project No. 2012-9133 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent; or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to City the amount of such excess; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6, below. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include, but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper backcharges, offsets, payments, indemnities, or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). City of Cupertino 00610-2 Construction Performance Bond MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid Project No. 2012-9133 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. S. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. it. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including, but not limited to, "default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT City of Cupertino 00610-3 Construction Performance Bond MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid ACKNOWLEDGMENT State of California County of San Mateo On April 11, 2014 before me, Deborah M. Knipp, Notary Public (insert name and title of the officer) personally appeared Mary Baez who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DEBORAH M. KNIPP WITNESS my hand and official seal. o COMM. #M. KNI 1 a X 'uv a Notary Public • California o San Mateo County My Comm. Expires May 26, 2016 Signature '/Al(Seal) Project No. 2012-9133 Bond No: SSB401286 DOCUMENT 00620 Premium: Included CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated A nl 1 1 , 201.4_, is in the penal sun One Million Seven Hundred Ninety -Eight Thousand and No/1 Do100 lets [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page. Ay singular reference to n Romkon, Inc. ("Contractor"), RLI Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: Romkon, Inc. Name 1856 Pacific Ave., #9 Address San Francisco, CA 94109 City/State/Zip CONSTRUCTION CONTRACT: SURETY: RLI Insurance Company Name P.O. Box 3967 Principal Place of Business Peoria. IL 61612-2402 City/State/Zip MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION — RE -BID PROJECT NUMBER 2012-9133 at Cupertino, California. DATED April 2 , 2014 in the Amount of $ 1,798,000.00 (the "Penal Sum") CONTRACTOR AS PRINCIPAL RErT Y Company: (Corp. Seal) Rom - Company: (Corp. Seal) RLI Insurance Company Signature: -4� Signature: 60X--- _. Name and Title: _/.x4^gT �"Q NameandTitle: MarjNBaez,Uttorney-in-Fact BOND TERMS AND CONDITIONS - 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, adminisnators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to City, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all suns due Claimants; and 2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no City Default. City of Cupertino 00620- 1 Construction Labor and Material Payment Bond MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid Project No. 2012.9133 With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor, then Surety shall pay for the same, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the court. 4. Consistent with the California Mechanic's Lien Law, Civil Code §3082, et seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §3249, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. Ll. This Bond has been furnished to comply with the California Mechanic's Lien Law including, but not limited to, Civil Code §§3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly famish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this City of Cupertino 00620-2 Construction Labor and Material Payment Bond MRP Environmental Education Center & Blacksmith Shop Relocation—Re-Bid Project No. 2012.9133 Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms `labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino 00620-3 Construction Labor and Material Payment Bond MRP Environmental Education Center & Blacksmith Shop Relocation — Re -Bid State of California County of San Mateo On April 11, 2014 ACKNOWLEDGMENT before me, Deborah M. Knipp, Notary Public (insert name and title of the officer) personally appeared Mary Baez who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DEBORAHM. KN" WITNESS my hand and official seal. bOMY COMM. #1979771 z _Notary Public • California c San Mateo County Comm. EK ires May 26, 2016 Signature i ( (Seal) NO, 5435 STATE of CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority Ttvs Is To Cary, 2%4 pursuant to the Insurance Code of the State of Calffonaa, RLI Insurance Company of Peoria, Illinois , organized under the laws of Illinois subfwt to its Articles of Incorporation or r other fundamental organizational documents, is hereby WdhodWd to transact within this State, subfeet to all provisions of this Certificate, the following daises of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter he defined in the Ineurance Laws of the State of Cal#ornla. Tres C1m7D oeata is expressly conditioned upon the holder hereof now and hereafter being in NU compliance with all, and not in vfoiatien of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN Wn mss Whoa, effective as of the— 13th day of February I8--%1, I have hervanto set my hand and caused my official seal to be affixed this—.3 t11-- dayOf February. mI9_21 SOBN By State must be accomplished as required by the California Cor promptly after issuance of this Certificate of Authority, Failure to do so will be a violation of ins. and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in therefor and the coodium contained heroin. VCode Se Sec. 701 application row ce a W M% RLI® ekle nn Htl company P.O. Box 3967 1 Peoria, IL 61612-3967 Phone: (800)645-2402 1 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company, a Illinois corporation, and/or Contractors Bonding and Insurance Company, a Washington corporation (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Gree McCartney, Steve Suissa Sylvia McGovernMary Baez jointly or severally in uic v,Uy ul neunom mare or Cantorma , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000,00 ) for any single obligation. The ackrtowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a nue and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall he executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 26th day of S tem er, 2013. `'11" 0\NG AND /rySG''•. 0 y90.'•OPPOq.yr •9y"m' p' SEAL `; :a yo J} State of Illinois ) 1979,.•' e• SS �4SX INGSOd O",d��`• County of Peoria , ..... RLI Insurance Company 9. Contractors Bonding and Insurance Company OONPONp,,% - t' —_ SEAL I =� RoyC. Die Vice President On this 26th day of September 1 2013 before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation, CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, and/or Contractors Bonding and Insurance Company, a Washington corporation, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this I Ith , day of April _, 2014. y ". . RLI Insurance Company M. Bock le Notary Public Contractors Bonding and Insurance Company "OFFICIAL SEAL" y 'Vice President norAnv Roy C. D]e rueuc JACQUELINE K 10CKLER BTArE OF nurvois COMMISSION EXPIRE 303X9114 9479881020212 A0059913 Project No. 2012-9133 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of MCCLELLAN RANCH PRESERVE ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION - RE -BID PROJECT NUMBER 2012-9133 CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty andy w �q or obligation of the Contractor under the Contract Documents or at law, such inconsistency o i [— a I be resolved in favor of the higher level of obligation of the Contractor. Romkon Inc. ' Contractor's Name 1856 Pacific Ave. #9" Address San Francisco, CA 94109 04/02-2014 City/State/Zip Date END OF DOCUMENT City of Cupertino 00630- 1 Guaranty MRP Environmental Education Center & Blacksmith Shop Relocation—Re-Bid