HomeMy WebLinkAboutFerranti Construction, Inc. 2011-05-09CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
ANTON STADIUM RESTORATION
ENGINEERED STEEL BUILDING
Specification No. 11-02
THIS AGREEMENT, made this day of 20 by and between the City of
Ukiah, Mendocino County, California, hereinafter called the City and FERRANTI CONSTRUCTION,
hereinafter called the Contractor,
W ITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other
contract documents for the work herein described and shown and has approved and adopted these contract
documents, specifications and drawings and has caused to be published in the manner and for the time
required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms
of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal
accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the
construction of the proposed work in accordance with the terms of this contract and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the
proposals submitted and as a result has determined and declared the Contractor to be the lowest and best
regular responsible bidder for the work and for the sums named in the proposal,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction;
shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature
necessary for completion of the work in conformity with the Special Provisions and other contract documents
hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall
complete the work within one hundred and fifty (150) calendar days. Contract days shall be counted starting
with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at
his or her option, may begin work prior to start of counting contract days, however, in no event shall the
Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work,
without obtaining an encroachment permit from the City, or without having submitted certificates of insurance
that have been accepted and approved by the Engineer
ANTON STADIUM RESTORATION 40 Spec. No. I1-02
Article II. Contract Prices
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for
complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices
as full compensation for all material and appliances necessary to the work, for all labor and use of tools and
other implements necessary to execute the work contemplated in this contract; for all loss or damage arising
out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or
difficulties which may be encountered in the prosecution of the work; for all risks of every description
connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for
all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special
Provisions, the Details, the instructions and the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the
race, color, national origin or ancestry, or religion of such persons and every contractor for public
works violating this section is subject to all the penalties imposed for a violation of this chapter."
In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for
employment because of race, color, religion, ancestry, or national origin. The Contractor will
take affirmative action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, religion, ancestry, or national origin. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The Contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notices to
be provided by the awarding authority setting forth the provisions of this Fair Employment
Practice section.
(b) The Contractor will send to each labor union or representative of workers with which he or she
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the awarding authority, advising the said labor union or worker's representative of
the Contractor's commitments under this section, to employees and applicants for employment.
(c) The Contractor will permit access to his or her records of employment, employment
advertisements, application forms and other pertinent data and records by the Fair Employment
Practices Commission, City of Ukiah or any other appropriate agency of the State of California
designated by the awarding authority, for the purposes of investigation to ascertain compliance
with the Fair Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the
Fair Employment Practices Act shall be regarded by the awarding authority as a basis for
determining the Contractor to be not a "responsible bidder" as to future contracts for which such
Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for
refusing to establish, reestablish or renew a pre-qualification rating for the Contractor.
ANTON STADIUM RESTORATION 41 Spec. No. 11-02
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair
Employment Practices Act to have occurred upon that it has investigated and determined that
the Contractor has violated the Fair Employment Practices Act and has issued an order under
Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission, the City
shall notify the Contractor that unless he or she demonstrates to the satisfaction of the
awarding authority within a stated period that the violation has been corrected, his or her pre-
qualification rating will be revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with
the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section
1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or
portion thereof, for each person who was denied employment as a result of such non-
compliance, the penalties provided in the Labor Code for violation of prevailing wage rates.
Such monies may be recovered from the Contractor. The City may deduct any such damages
from any monies due the Contractor.
(f) Nothing contained in this Fair Employment Practices section shall be construed in any manner
of fashion so as to prevent the City or the State of California from pursuing any other remedies
that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or
she has or will meet the following standards for affirmative compliance, which shall be
evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all
supervisors, foremen and other personnel officers in writing of the content of the anti-
discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified
all sources of employees' referrals (including unions, employment agencies, advertisements,
Department of Employment) of the content of the anti-discrimination clause.
(3) The Contractor shall file a basic compliance report, as required by the City. Willfully false
statements made in such reports shall be punishable as provided by law. The compliance
report shall also spell out the sources of the work force and who has the responsibility for
determining whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations
with the unions with whom he or she has agreements, attempt to develop an agreement which
will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training.
b. Otherwise implement an affirmative anti-discrimination program in terms of the unions'
specific areas of skill and geography to the end that qualified minority workers will be
available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by
individuals, firms or organizations during the period of its pre-qualification.
ANTON STADIUM RESTORATION 42 Spec. No. 11-02
(h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first
tier subcontract so that such provisions will be binding upon each such subcontractor.
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time
of submitting the bid.
Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of this
agreement.
1. Notice to Bidders
2. Wage Scales
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their
names to be signed by authority of their duly authorized office this J_ day of 20
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:
CKJOWANAGER, CITY OF UKIAH
Attest:
CLERK. CITY OF UKIAH
By:
,CONTRACTOR
Attest:
Title: The foregoing contract i roved as to for gality this //-'day of 20 .
CITY ATTORNEY, CITY OF UKIAH
ANTON STADIUM RESTORATION 43 Spec. No. 11-02
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on , 20j,
by and between the City of Ukiah (Ukiah) and FERRANTI CONSTRUCTION (Contractor).
Contractor is performing work as per Spec No. 11-02, ANTON STADIUM RESTORATION ENGINEERED
STEEL BUILDING
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will
protect Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and
employees from and against any claim, loss, or damage, including the legal and other costs of defending
against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance
under the work order attached hereto, except for claims, losses, or damages resulting from the sole and
exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY:
TITLE:"*'
ANTON STADIUM RESTORATION 44 Spec. No. I1-02
ill
OF MENDOCINO COUNTY
Member FDIC
Www.savingsbank.com
A Full Service Community Bank Since 1903
IRREVOCABLE STANDBY LETTER OF CREDIT # 10399
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Attention: Mary Horger
DATE: May 9, 2011
EXPIRATION: May 8, 2012
By order of our client Ferranti Construction, Inc., we hereby issue in your favor this
Irrevocable Standby Letter of Credit for any sum or sums not exceeding Five hundred
three thousand one hundred seventy six and no/100 dollars ($503,176.00) which is
available against your draft(s) at sight on Savings Bank of Mendocino County, 200 N
School Street (PO Box 3600), Ukiah, CA 95482, when accompanied by a statement
signed by a purportedly authorized representative of the City of Ukiah certifying the
following:
Payment is due in conjunction with a Faithful Performance agreement dated May
9, 2011 between City of Ukiah and Ferranti Construction and has not been
received.
2. Proceeds of any draft drawn on this Letter of Credit will be used solely for the
purposes and interest described in the Faithful Performance agreement described
in paragraph 1.
All drafts must be presented at the counters of the Savings Bank of Mendocino County,
200 N School Street, Ukiah, California no later than 4:00 p.m. Pacific Standard Time by
May 8, 2012; and must include the statement "Drawn on the Savings Bank of Mendocino
County, Letter of Credit Number 10399."
We hereby undertake that all drafts drawn hereunder will be duly honored by us if drawn
and presented in accordance with the terms and conditions stated in this Letter of Credit.
This Letter of Credit is subject to the Uniform Customs and Practice for Documentary
Credits (2007 Revision, International Chamber of Commerce, Publication Number 600.)
Sincerely,
F fokR-!-~`-
Executive Vice President
Ukiah - Redwood Valley - Hopland - Fort Bragg - Mendocino - Willits - Laytonville - Lakeport
Sauings Bank
OF MENDOCINO COUNTY
www.savingsbank.com
Member FDIC
A Full Service Community Bank Since 1903
IRREVOCABLE STANDBY LETTER OF CREDIT # 10400
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Attention: Mary Horger
DATE:
EXPIRATION
May 9, 2011
May 8, 2012
By order of our client Ferranti Construction, Inc., we hereby issue in your favor this
Irrevocable Standby Letter of Credit for any sum or sums not exceeding Two hundred
fifty one thousand five hundred eighty eight and no/100 dollars ($251,588.00) which is
available against your draft(s) at sight on Savings Bank of Mendocino County, 200 N
School Street (PO Box 3600), Ukiah, CA 95482, when accompanied by a statement
signed by a purportedly authorized representative of the City of Ukiah certifying the
following:
Payment is due in conjunction with a Labor and Materials agreement dated May
9, 2011 between City of Ukiah and Ferranti Construction and has not been
received.
2. Proceeds of any draft drawn on this Letter of Credit will be used solely for the
purposes and interest described in the Labor and Materials agreement described in
paragraph 1.
All drafts must be presented at the counters of the Savings Bank of Mendocino County,
200 N School Street, Ukiah, California no later than 4:00 p.m. Pacific Standard Time by
May 8, 2012; and must include the statement "Drawn on the Savings Bank of Mendocino
County, Letter of Credit Number 10400."
We hereby undertake that all drafts drawn hereunder will be duly honored by us if drawn
and presented in accordance with the terms and conditions stated in this Letter of Credit.
This Letter of Credit is subject to the Uniform Customs and Practice for Documentary
Credits (2007 Revision, International Chamber of Commerce, Publication Number 600.)
Sincerely,
gd'Ropss
Executive Vice President
Ukiah - Redwood Valley - Hopland - Fort Bragg - Mendocino - Willits - Laytonville - Lakeport
CONTRACT APPROVAL & AUTHORIZATION TO PROCEED
Instructions: When requesting City Manager approval/signature on a contract or professional services
agreement, submit this checklist confirming all relevant review and approvals have been obtained,
insurance documents have been received and approved by Risk Management, and funding/expenditure
authorizations approved.
TO: CITY MANAGER
SUBMITTED BY: MARY HORGER
DATE: 10-May-11
PROJECT NAME: ANTON STADIUM RESTORATION 11-02
Initial Below
Approval
Approval
Approval
CHECKLIST & ROUTING FOR APPROVALS
Received
Received
Not
YES
NO
Required
1.
Use of City's Professional Services Contract Template
(Pre-approved by City Attorney)
S:\Risk Management\Contract Template & Approval Chklist)
Use of Vendor's Contract (requires City Attorney review)
Use of Modified City Contract (requires City Attorney review)
2.
Insurance Certificates, Additional Insured Endorsements, and
Copy of Contract/Agreement Received and approved by
1 1
Risk Manager.
3.
Confirmation that sufficient funding is available and expenditure
approved. Attach documentation as necessary.
4.
City Council Approval Date: t
5.
Other Required Documentation/Approvals
Describe:
6.
For Consultant Contracts Only: Scope of Work reviewed by
City Attorney for Conflict of Interest Disclosure
7.
ADDITIONAL COMMENTS:
S:\Risk Management\Risk Mgmt. Reference Guide\ContractApprova[Checklist
73011911UND
MAY 1 0 2011
Z) ti~ i-)IGINAL
CITY OF UKIAH
CONTRACT CHANGE ORDER
ORDER NO. 1
DATE: June 2, 2011
Contract for (Description of Facility): Anton Stadium Restoration Engineered Steel Building, Specification No. 11-02
Owner: City of Ukiah, 300 Seminary Avenue, Ukiah, California, 95482-5400
To (Contractor): Ferranti Construction, Inc., PO Box 259, Redwood Valley, California 95470
You are hereby directed to make the herein described changes from the contract plans and specifications or do the following described
work not included in the contract plans and specifications:
Change requested by: City Engineer.
Description of Changes - Itemized Breakdown
ESTIMATED
DECREASE To
Contract Amount
ESTIMATED
INCREASE To
Contract Amount
1. ADA Concrete Walks, Ramps and Steps
$32,295.00
2. ADA Parking; Grade, Base & Pave.
$19,400.00
3. ADA Signage, Post, Symbols & Striping.
$3,870.00
4. Chain Link Fence & Slide Gate
$7,640.00
5. Complete rough interior framing, not included: drywall, electrical, insulation, doors
& partitions.
$36,760.00
5. Painting of Red Metal.
$ 8610.00
5. Panic Hardware.
$2,860.00
5. Precast concrete change to wood.
$60,033.00
5. Ridgit insulation.
$4,800.00
5. Windows.
$6,000.00
ESTIMATED NET CHANGE IN CONTRACT PRICE
$40,602.00
Justification (Detailed and Concise): These items are a result of value engineering to decrease cost of original scope, and add scope
due to the cost savings.
The amount of the Contract will be increased/unehange by the estimated sum of: forty thousand six hundred two
dollars and no cents ($40,602.00). The contract total including this and previous Change Orders will be: five hundred forty-three
thousand seven hundred seventy-eight dollars and no cents ($543,778.00). The contract period provided for completion
will be (i sed/deer-ease /unchanged): N/A.
This document will become a su lement to the contract and all provisions will apply hereto.
Approved By:
( ity Manager)
Accepted: 4~
.arâ–º,~,..
(Contractor)
Date
0 dZa I
Dat
CITY OF UKIAH
CONTRACT CHANGE ORDER
ORDER NO. 2
DATE: November 16, 2011
Contract for (Description of Facility): Anton Stadium Restoration Engineered Steel Building, Specification No. 11-02
Owner: City of Ukiah, 300 Seminary Avenue, Ukiah, California, 95482-5400
To (Contractor): Ferranti Construction, Inc, PO Box 259, Redwood Valley, California 95470
You are hereby directed to make the herein described changes from the contract plans and specifications or do the following described
work not included in the contract plans and specifications:
Change requested by: Project & Grant Administrator.
ESTIMATED
ESTIMATED
DECREASE To
INCREASE To
Contract Amount
Contract Amount
Description of Changes - Itemized Breakdown
1. Relocated Accessible parking to main parking lot - additional 8 ton of asphalt
$1,760
2. Change center board in tread to 3"x14", aisle step to 18", and provide surplus wood.
$10,897
3. Building manufacturers engineering & material costs to changes in adding portal
framing, add X-bracing under bleacher and additional material at east wall.
$16,425
4 Contractors costs to install portal framing and east wall materials (time & material not to
exceed)
$9,665
5. Contractors costs to install X-bracing under bleachers, stringers (time & material not to
$6,750
exceed)
6. Design changes to foundation based on requirements from metal building manufacturer.
$4,981
7. Scope of work changes: add french drain to foundation; install electrical, scoreboard,
$8,861
PA system, telephone, bell alarm conduits and backfill and compact trenches
8. Fabricate and weld tread brackets to slope beams (not to exceed)
$35,650
9. Concrete stem walls for accessible ramps (time & material not to exceed)
$9,660
10. Metal framing of walls on inside of bleacher area, both sides and across top
$15,960
ESTIMATED NET CHANGE IN CONTRACT PRICE
$120,609
CITY OF UKIAH
CONTRACT CHANGE ORDER
ORDER NO. 2
DATE: November 16, 2011
Contract for (Description of Facility): Anton Stadium Restoration Engineered Steel Building, Specification No. 11-02
Owner: City of Ukiah, 300 Seminary Avenue, Ukiah, California, 95482-5400
To (Contractor): Ferranti Construction, Inc, PO Box 259, Redwood Valley, California 95470
You are hereby directed to make the herein described changes from the contract plans and specifications or do the following described
work not included in the contract plans and specifications:
Change requested by: Project & Grant Administrator.
ESTIMATED
ESTIMATED
DECREASE To
INCREASE To
Contract Amount
Contract Amount
Description of Changes - Itemized Breakdown
1. Relocated Accessible parking to main parking lot - additional 8 ton of asphalt
$1,760
2. Change center board in tread to 3"x14", aisle step to 18", and provide surplus wood.
$10,897
3. Building manufacturers engineering & material costs to changes in adding portal
framing, add X-bracing under bleacher and additional material at east wall.
$16,425
4 Contractors costs to install portal framing and east wall materials (time & material not to
exceed)
$9,665
5. Contractors costs to install X-bracing under bleachers, stringers (time & material not to
$6,750
exceed)
6. Design changes to foundation based on requirements from metal building manufacturer.
$4,981
7. Scope of work changes: add french drain to foundation; install electrical, scoreboard,
$8,861
PA system, telephone, bell alarm conduits and backfill and compact trenches
8. Fabricate and weld tread brackets to slope beams (not to exceed)
$35,650
9. Concrete stem walls for accessible ramps (time & material not to exceed)
$9,660
10. Metal framing of walls on inside of bleacher area, both sides and across top
$15,960
ESTIMATED NET CHANGE IN CONTRACT PRICE
$120,609
Savings Bank
OF MENDOCINO COUNTY
Member FDIC
www.savingsbank.com
A Full Service Community Bank Since 1903
IRREVOCABLE STANDBY LETTER OF CREDIT # 10399
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Attention: Mary Horger
DATE: May 9, 2011
EXPIRATION: May 8, 2012
By order of our client Ferranti Construction, Inc., we hereby issue in your favor this
Irrevocable Standby Letter of Credit for any sum or sums not exceeding Five hundred
three thousand one hundred seventy six and no/100 dollars ($503,176.00) which is
available against your draft(s) at sight on Savings Bank of Mendocino County, 200 N
School Street (PO Box 3600), Ukiah, CA 95482, when accompanied by a statement
signed by a purportedly authorized representative of the City of Ukiah certifying the
following:
1. Payment is due in conjunction with a Faithful Performance agreement dated May
9, 2011 between City of Ukiah and Ferranti Construction and has not been
received.
2. Proceeds of any draft drawn on this Letter of Credit will be used solely for the
purposes and interest described in the Faithful Performance agreement described
in paragraph 1.
All drafts must be presented at the counters of the Savings Bank of Mendocino County,
200 N School Street, Ukiah, California no later than 4:00 p.m. Pacific Standard Time by
May 8, 2012; and must include the statement "Drawn on the Savings Bank of Mendocino
County, Letter of Credit Number 10399."
We hereby undertake that all drafts drawn hereunder will be duly honored by us if drawn
and presented in accordance with the terms and conditions stated in this Letter of Credit.
This Letter of Credit is subject to the Uniform Customs and Practice for Documentary
Credits (2007 Revision, International Chamber of Commerce, Publication Number 600.)
Sincerely,
foo 1Rosst'-'--
Executive Vice President
Ukiah - Redwood Valley - Hopland - Fort Bragg - Mendocino - Willits - Laytonville - Lakeport
Savings Bank
OF MENDOCINO COUNTY
www.savingsbank.com
Member FDIC
A Full Service Community Bank Since 1903
IRREVOCABLE STANDBY LETTER OF CREDIT # 10400
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Attention: Mary Horger
DATE:
EXPIRATION:
May 9, 2011
May 8, 2012
By order of our client Ferranti Construction, Inc., we hereby issue in your favor this
Irrevocable Standby Letter of Credit for any sum or sums not exceeding Two hundred
fifty one thousand five hundred eighty eight and no/100 dollars ($251,588.00) which is
available against your draft(s) at sight on Savings Bank of Mendocino County, 200 N
School Street (PO Box 3600), Ukiah, CA 95482, when accompanied by a statement
signed by a purportedly authorized representative of the City of Ukiah certifying the
following:
Payment is due in conjunction with a Labor and Materials agreement dated May
9, 2011 between City of Ukiah and Ferranti Construction and has not been
received.
2. Proceeds of any draft drawn on this Letter of Credit will be used solely for the
purposes and interest described in the Labor and Materials agreement described in
paragraph 1.
All drafts must be presented at the counters of the Savings Bank of Mendocino County,
200 N School Street, Ukiah, California no later than 4:00 p.m. Pacific Standard Time by
May 8, 2012; and must include the statement "Drawn on the Savings Bank of Mendocino
County, Letter of Credit Number 10400."
We hereby undertake that all drafts drawn hereunder will be duly honored by us if drawn
and presented in accordance with the terms and conditions stated in this Letter of Credit.
This Letter of Credit is subject to the Uniform Customs and Practice for Documentary
Credits (2007 Revision, International Chamber of Commerce, Publication Number 600.)
Sincerely,
Fl~dy~Executive Vice President
Ukiah - Redwood Valley - Hopland - Fort Bragg - Mendocino - Willits - Laytonville - Lakeport