HomeMy WebLinkAboutFermin Sierra Construction - Agreement for 2007 Sewer Rehabilitation ProjectAGREEMENT
2007 SEWER REHABILITATION PROJECT HANNA - ROSANNA AND SANTA
THERESA - FILICE
PROJECT NUMBER 08- CDD -13 7
THIS AGREEMENT, made this < day of 1)'l ✓ 02007
by and between the City of Gilroy , hereinafter called the "City," and Fermin Sierra
Construction hereinafter called the "Contractor."
WITNESSETH:
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 2007 SEWER REHABILITATION PROJECT HANNA - ROSANNA
AND SANTA THERESA- FILICE, PROJECT NUMBER 08 -CDD -137 , 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 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 IMPRACTICAL.
BY INITIALING THIS PARAGRAPH BELOW, THE PARTIES HERETO
SIGNIFY THEIR APPROVAL AND CONSENT TO THE TERMS OF THIS
ARTICLE 3.
City's Initials
Contractors Initials
Article 4. Contract Price.
In consideration of the Contractors performance of the Work in accordance with the
Contract 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
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
Maintenance Bond
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. No 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 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
day of ,
/C'/ lll/ //
Name of Contractor
Signature of Contractor
�i ray is:� Al,
Title of Signator
ATTES
Sign ture
S� h�
Title of Signator
Title of Signator
- 0 �4 Mll(,�
Title of Si ator
City of Gilroy
Engineering Division
7351 Rosanna St.. Gilroy. CA 95020
Phone (408) 846 -0450. Fax (408) 846-0429
CHANGE ORDER NO. 2
To contract for : '_1)o^ Se\xer Rehabiliation Project Hanna - Rosanna and Santa Theresa-F i lice
Project \o. 08 -CDD -I
Contractor: Fermin Sierra Construction Contract Date 9 1- 2007
This order shall become ef7ecti\e \ +hen it has been signed b\ the C it\ Administrator. Cit} Engineer
Project Engineer_ and Contractor. All copies for\\arded to Contractor for signature shall he returned t-
The Cit\ of Gilm\ properh filled out. Upon acceptance b\ the City. the Contractor's cop) "ill he reture
to him as his authority to proceed kith the \cork
Description of \\ ork
Overlay l 1 2" asphalt at Site 2 alley - Santa Theresa and Filice $1.250
Ofthaul unforeseen concrete trout Site I alle\ - Hanna and Rosanna 52.478
Service call 7157 Rosanna - investigate blocked se\\ er connection i.e sc\\ er lateral
not connected to main. 4�00o split vkith contractor " --
Total 51099
All requirements of the original Contract Documents shall apple to the above \ \ork except as specificall\ modified br this
Change Order. The contract time shall not extend unless expressly provided for in this Change Order.
By signing this Chance Order_ Contractor ackno\%ledges and agrees that the adjustments to cost and time contained herein
are in tull satisfaction and accord. and are accepted as payment in full. for an\ and all costs and expenses associated \kith
the "Extra Work ". including but not limited to labor. materials. overhead and profit. delay. disruption. loss of efficient\
and anv and all other direct and or indirect costs or expenses associated %\ith the Extra \fork and hereby \naives an\ right
to claim an\_ further cost and time impacts at am time during and after completion of the Contract associated \yith the Extr
\\ ork. P. M.
12'27!2007
Cost Percentage initial
1 (We) agree to make the above change Original Contract Price
S-,97 .700.00
subject to the terms of this Change Order Previous Change Orders
S7 7.886.00 19.8°
for the \ET I \CREASE of 5=.099 Total to Date
S475.586.00
This Change Order
Total Change Orders to Date
53.099.110
580.985.00 20.36 °0�
/J Revised Contract Price
S478.685.00
CONTRACTOR
By i/ rdtft�� /'1 /r Si <.. Date:
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December 4, 2007
Gerry Dutra
City of Gilroy
Public Works Department
RE: Sewer Rehabilitation Project, City of Gilroy
Subject: Cost of AC and Disposal
Overrun on AC — 20 Tons @ $58 p/Ton = 1,160
Tax @ $7.25% — 90
Net Increase in Cost = 1,250
Cost of Disposal and Hauling of Unforeseen Concrete, Lump Sum* = 2,478
Total Cost 31728
Notes.,
♦ *See Attached Daily Extra Work Report for breakdown.
Your prompt response is appreciated. Please feel free to call me for more information
or with questions at (510) 784 -6376 — office or (510) 773 -0526 — cell.
Thank you,
Francisco V. Sierra
General Manager
Fermin Sierra Construction, Inc.