Ferma Corporation
301
SECTION 00500
AGREEMENT
New Police Facility Construction Staging Area Improvements
Project No. 04-CDD- 132
THIS AGREEMENT, made this 7th day of June , 2004, by
and between the City of Gilrov , hereinafter called the "City," and Ferma. Corporation
herein~fter called the "Contractor."
W ! T N E ~ ~ E T H:
WHEREAS, the City has caused the Contract Documents to be prepared
comprised of bidding and contract requirements and technical specifications and drawings for the.
construction of the New Police Facility Construction Staging Area Improvements, Project
No. 04-CDD- 132, as described therein, and
WHEREAS, the Contractor has offered to perform the proposed work in
accordance with the terms of the Contract Documents.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of
the parties herein contained and to be performed, the City and Contractor agree as follows:
Article 1. Work.
Contractor shall complete the Work as specified or indicated in the Contract Documents.
Article 2. Contract Time.
The Work shall be completed by the Contractor in accordance with the Contract Documents
within the time period required by Paragraph 00810-2.0, Time Allowed for Completion, subject
to extension as expressly provided in the Contract Documents.
Article 3. Liquidated Damages.
THE CITY AND THE CONTRACTOR RECOGNIZE THAT THE CITY WILL SUFFER
New Police Facility Construction Staging Area Improvements
Project No. 04-CDD- 132
SECTION 00500-1
SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A RESULT OF
THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE WORK DESCRIBED
IN THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR HEREBY
ACKNOWLEDGE AND AGREE THAT THE DAMAGES AND FINANCIAL LOSS
SUSTAINED AS A RESULT OF ANY SUCH DELAYS IN PERFORMANCE WILL BE
EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. THEREFORE,
THE CITY AND CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF SUCH
DELAYS IN PERFORMANCE, THE CITY SHALL BE ENTITLED TO
COMPENSATION BY WAY OF LIQUIDATED DAMAGES (AND NOT PENALTY)
FOR THE DETRIMENT RESULTING THEREFROM IN ACCORDANCE WITH
PARAGRAPH 00700-6.5, LIQUIDATED DAMAGES, OF THE CONTRACT
DOCUMENTS. THE CITY AND THE CONTRACTOR FURTHER AGREE THAT THE
AMOUNTS DESIGNATED AS LIQUIDATED DAMAGES ARE A REASONABLE
ESTIMATE OF THE CITY'S DAMAGES AND FINANCIAL LOSS IN THE EVENT OF
ANY SUCH DELAYS IN PERFORMANCE CONSIDERING ALL OF THE
CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT,
INCLUDING THE RELATIONSHIP OF SUCH AMOUNTS TO THE RANGE OF
HARM TO THE CITY WHICH REASONABLY COULD BE ANTICIPATED AS OF
THE DATE OF THIS AGREEMENT AND THE EXPECTATION THAT PROOF OF
ACTUAL DAMAGES WOULD BE EXTREMELY DIFFICULT AND IMPRACfICAL.
S PARAGRAPH BELOW, THE PARTIES HERETO SIGNIFY
A CONSENT TO THE TE OF THIS ARTICLE 3.
~
Cont
. Ie 4. Con ctPrice. $73.950.00
In consideration of the Contractors performance of the Work in accordance with the Contract I
Documents, the City shall pay the Contract Price set forth in the Contract Documents.
Article 5. Contract Documents.
The Contract Documents which comprise the entire agreement between City and Contractor
concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and
the following, all of which are hereby incorporated into this Agreement by reference with the
same force and effect as if set forth in full.
Invitation to Bid
Instructions to Bidders
Bid Documents
New Police Facility Construction Staging Area Improvements
Project No. 04-CDD- 132
SECTION 00500-2
.
Designation of Subcontractors
Bid Guaranty Bond
Agreement
Acknowledgements
Performance Bond
Payment Bond
General Conditions
Supplementary Conditions
General Requirements
Standard Specifications
Technical Specifications
DraWings
Addenda, if any
Executed Change Orders, if any
I
Notice of Award
Notice to Proceed
Article 6.. Miscellaneous.
Capitalized terms used in this Agreement which are defined in Section 01090, References, of the
Contract Documents will have the meetings set forth in Section 01090, References.
Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in
the Contract Documents without the prior written consent of the City, which consent may be
withheld by the City in its sole discretion. N~ assignment by the Contractor of any rights,
obligations, duties or responsibilities under or interests in the Contract Documents will be
binding on the City without the prior written consent of the City (which consent may be withheld
in City's sole discretion); and specifically but without limitation monies that may become due
and monies that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary in
any written consent to an assignment, executed by the City, no assignment will release or
discharge'the assignor from any liability, duty, obligation, or responsibility under the Contract
Documents.
Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns. Nothing contained in
the Contract Documents shall in any way constitute a personal obligation of or impose any
personal liability on any employees, officers, directors, agents or representatives of the City or its
successor and assigns.
In accordance with California Business and Professions Code Section 7030, the Contractor is
required by law to be licensed and regulated by the Contractors' State License Board which has
New Police Facility Construction Staging Area Improvements
Project No. 04-CDD- 132
SECTION 00500-3
jurisdiction to investigate complaints against Contractors if a complaint regarding a patent act or
omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of
the alleged violation. Any questions concerning the Contractor may be referred to the Registrar,
Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.
IN WITNESS WHEREOF, this agreement has been executed on this 7 ~ day
of r ' ' ko-'l~
FERMA CORPORATION
Name of Contractor
Jay Baksa
City Administrator
Title of Signator
President
Title of Signator
ATTEST.> ,
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Signature
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Signature
Secretary/Treasurer
Title of Signator
. ~i~ cJ0Jc
Title of ignator
***END OF SECTION***
New Police Facility Construction Staging Area Improvements
Project No. 04-CDD- 132
SECTION 00500-4
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City of Gilroy
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Engineering Division
Building, Life & Environmental Safety
Housing & Community Development
(408) 846-0440; fax (408) 846-0429
(408) 846-0450; fax (408) 846-0429
(408) 846-0430; fax (408) 846-0429
(408) 846-0290; fax (408) 846-0429
CHANGE ORDER NO. 00001
To contract for:
Contractor: Ferma Corporation
Contract Date: 6/07/2004
This order shall become effective when the City Administrator, City Engineer, Project Engineer, and Contractor have signed it. All
copies forwarded to Contractor for signature shall be returned to the City of Gilroy properly filled out. Upon acceptance by the City,
the Contractor's copy will be returned to him as his authority to proceed with the work.
DESCRIPTION OF WORK:
Coordinate with the Senior Center manager and install a lighting fixture to illuminate relocated flagpole $1.500.00
I (We) hereby agree to make the above
changes subject to the terms of this
Change Order for NET INCREASE OF $1,500.00
Original Contract Price
$ 73,950.00
Previous Change Orders
$ 00.00
TOTAL TO DATE
$ 73,950.00
This Change Order
$ 1,500.00
By:
Revised Contract Price
$ 75,450.00
Date;.
,-
RECOMMENDED BY/1
Constru .
ACCEPTED BY:
Date /CYZ:,/e>f
Originals to:
CITY:
(2) Originals
Date
1
~?())
City of Gilroy
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Engineering Division
Building, Life & Environmental Safety
Housing & Community Development
(408) 846-0440; fax (408) 846-0429
(408) 846-0450; fax (408) 846-0429
(408) 846-0430; fax (408) 846-0429
(408) 846-0290; fax (408) 846-0429
CHANGE ORDER NO. 00002
To contract for:
Contractor: Ferma Corporation
Contract Date: 6/07/2004
This order shall become effective when the City Administrator, City Engineer, Project Engineer, and Contractor have signed it. All
copies forwarded to Contractor for signature shall be returned to the City of Gilroy properly filled out. Upon acceptance by the City,
the Contractor's copy will be returned to him as his authority to proceed with the work.
DESCRIPTION OF WORK:
Credit for PG&E vault lid not installed per Contract drawing C 1.0
$3,211.00
I (We) hereby agree to make the above
changes subject to the terms of this
Change Order for NET DECREASE OF $3,211.00
Original Contract Price
$ 73,950.00
Previous Change Orders
$ 1,500.00
TOTAL TO DATE
$ 75,450.00
This Change Order
$ -3,211.00
Revised Contract Price
$ 72,238.00
RECOMMENDED BY:
Date IO/z.:zlC7 f
Originals to:
CITY:
(2) Originals
ACCE
Date
1
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT.
ENGINEERING DIVISION
MEMORANDUM
TO: Jay Baksa, City Administrator ~
FROM: Bill Headley, Facilities and Parks Development Mgr.
DATE: May 26, 2004
RE: Bid Recommendation for New Gilroy Police Construction Staging Area Improvements
Project No. 04-CDD-132
Plans and specifications for the above referenced project were sent to 12 builders exchanges and
invitations to bid were sent to 68 contractors. The project was advertised in the Gilroy Dispatch
and the San Jose Mercury News.
Bids were opened May 19,2004. Seven bids were received, as follows:
Contractor
Ferma Corporation, Mountain View, CA
Don Chapin, Salinas, CA
McGuire Hester, Oakland, CA
Bellitti & Pell, Santa Clara, CA
Monterey Peninsula, Monterey, CA
Soil Enterprises, Inc. Brentwood, CA
Granite Construction, Watsonville, CA
Total Base Bid
$ 73,950.00
$ 95,305.00
$ 96,600.00
$ 101,225.00
$ 101,750.00
$ 127,182.00
$ 141,846.00
Ferma Corporation of Mountain View, California, is the apparent low bidder. Their bid is
deemed to be complete and contains no misinformation. Staff recommends the project be
awarded to Ferma Corporation for the New Police Facility Construction Staging Area
Improvements Project No. 04-CDD-132 in the total amount of $ 73,950.00. Funds are
available in fund 482.
A vicinity site map is attached.
-sE.A.
EB-
FOREST
SlREET
PARK
VICINITY SITE MAP
New Gilroy Police Construction
Staging Area Improvements, Project No. 04-CDD-132
Exhibit A
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CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
MEMORANDUM
TO:
City Administrator ~
Rick Smelser, City Engineeli
Bill Headley, Parks & Facili . s Development Manager
~~.
.
FROM:
DATE: November 15, 2004
RE: Request for Acceptance of Improvements
Project No. 04-CDD-132
New Police Facility Construction Staging Area Improvements
F erma Corporation
All improvements related to the above referenced project are complete and ready for acceptance.
I hereby recommend acceptance of the subject project.
Attached is a vicinity site map for the project.
mg
1:\BONDlNG.COR\ACCIMPS.WB 1 \Ferma.doc
Jil.e..
VICINITY SITE MAP
New Police Facility Construction Staging Area Improvements
Project No. 04-CDD-132.
Exhibit A