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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.> , ~'::/.' /' C:::::-sz.. / Signature 'AT~. 'f: ;]/ ~, :.'1/1 -Lb..'. ..,~.~... ' / . V~''- A' , ~'- ,.' 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 -. A" ,. ~".. '-" , ~ 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 3f)\ '-., , 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