DOCUMENT 00 5200
AGREEMENT
THIS AGREEMENT, dated this 7 th day of October, 2024, by and between Performance Mechanical, Inc. whose place of business is located at 701 Willow Pass Road, Suite 2, Pittsburg, CA 94565 (Contractor), and ESTERO MUNICIPAL IMPROVEMENT DISTRICT, a California municipal corporation (Owner), acting under and by virtue of the authority vested in Owner by the laws of the State of California.
WHEREAS, Owner, by its Resolution No. [Insert Number] adopted on the 7th day of October, 2024 awarded to Contractor the following Contract:
CONTRACT NUMBER (CIP 455-695)
LIFT STATION 59 EFFLUENT LINE IMPROVEMENTS PROJECT
at
CORPORATION YARD
FOSTER CITY, CA 94404
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:
ARTICLE 1 SCOPE OF WORK OF THE CONTRACT
1.01 Work of the Contract
A. 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 (Work).
1.02 Price for Completion of the Work
A. Owner shall pay Contractor the following Contract Sum (Contract Sum) for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto.
B. The Contract Sum includes all allowances (if any) in the amount of one million two hundred eighty nine thousand one hundred and thirty one dollars ($1,289,131).
COMMENCEMENT AND COMPLETION OF WORK
1.03 Commencement of Procurement and Construction Work
A. Contractor shall commence procurement of long lead items and all other necessary work in preparation for construction work on the date established in the Notice to Proceed for Procurement (Commencement Date).
B. Contractor shall commence Construction Work on the date established in the Notice to Proceed for Construction Work, expected July-August 2025.
C. Owner reserves the right to modify or alter the Notices to Proceed.
1.04 Procurement Period
A. The procurement period shall be used only for the procurement of bid items and all other necessary work in preparation for construction activities.
B. Procurement Period is to run from execution of Agreement until date established in the Notice to Proceed to Construction Work, expected July- August 2025.
1.05 Completion of Construction Work
A. Contractor shall achieve Substantial Completion of the entire Work within 50 Calendar Days from the end of the Procurement Period.
B. Contractor shall achieve Final Completion of the entire Work 10 Calendar Days from the date of Substantial Completion.
ARTICLE 2 PROJECT REPRESENTATIVES
2.01 Owner’s Project Manager
A. Owner has designated Claire McWilliams as its Project Manager to act as Owner’s Representative in all matters relating to the Contract Documents. If Project Manager is an employee of Owner, Project Manager is the beneficiary of all Contractor obligations to Owner including, without limitation, all releases and indemnities.
B. Project Manager shall have final authority over all matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of Owner, to accept work, and to make decisions or actions binding on Owner, and shall have sole signature authority on behalf of Owner.
C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.
2.02 Contractor’s Project Manager and Other Key Personnel A. Contractor has designated Glenn Dean as its Project Manager to act as Contractor’s Representative in all matters relating to the Contract Documents.
2.03 Architect/Engineer
A.N/A
ARTICLE 3 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK
3.01 Liquidated Damage Amounts
A. As liquidated damages for delay Contractor shall pay Owner five hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.
B. As liquidated damages for delay Contractor shall pay Owner five hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.
3.02 Scope of Liquidated Damages
A. Measures of liquidated damages shall apply cumulatively.
B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions).
ARTICLE 4 LIQUIDATED DAMAGES FOR UNAUTHORIZED CHANGES OF KEY PERSONNEL
4.01 Liquidated Damage Amounts
A. See Document 00 7200 (General Conditions) Paragraph 11.07.D for liquidated damages provisions pertaining to Key Personnel.
ARTICLE 5 CONTRACT DOCUMENTS
5.01Contract Documents consist of the following documents, including all changes, Addenda, and Modifications thereto:
Document 00 5100 Notice of Award
Document 00 5200 Agreement
Document 00 5500 Notices to Proceed to Procurement and Construction Work
Document 00 6113.13 Construction Performance Bond
Document 00 6113.16 Construction Labor and Material Payment Bond Document 00 6290 Escrow Agreement for Security Deposits Document 00 6325 Substitution Request Form
Document 00 6530 Release of Claims
Document 00 6536 Guaranty
Document 00 7200 General Conditions
Document 00 7301 Supplementary Conditions
Document 00 7316 Supplementary Conditions – Insurance and Indemnification
Document 00 7380 Apprenticeship Program
Document 00 9113 Addenda
Drawings, Table, Schedules, and technical Specifications listed in Document 00 0115 City Standard Specifications and Standard Details
Caltrans Standard Specifications 2018 and any Revisions
5.02There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified or supplemented as provided in Document 00 7200 (General Conditions).
ARTICLE 6 MISCELLANEOUS
6.01Terms and abbreviations used in this Agreement are defined in Document 00 7200 (General Conditions) and Section 01 4200 (References and Definitions) and will have the meaning indicated therein.
6.02It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of Owner or acting as an employee, agent, or representative of Owner, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of Owner is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.
6.03Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.
6.04In 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 §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 Owner tenders final payment to Contractor, without further acknowledgment by the parties.
6.05Copies 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 on file at the City’s Public Works Department, may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm] and are deemed included in the Contract Documents, and shall be made available to any interested party on request. Pursuant to Labor Code Sections 1860 and 1861, in accordance with Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability 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.
6.06This Agreement and the Contract Documents shall be deemed to have been entered into in the County in which the Project is located, 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 the Superior Court for the in which the Project is located.
IN WITNESS WHEREOF the parties have executed this Agreement in duplicate the day and year first above written.
CONTRACTOR: PERFORMANCE MECHANICAL, INC.
By: ______________________________ By: _______________________________ (Signature) (Signature)
Its: ___Andy Hosler or Kevin Parker___ Its: _____Dimitri Hrovat________________ Title: President/CEO Vice President Chief Financial Officer OWNER: ESTERO MUNICIPAL IMPROVEMENT DISTRICT
By:
(Signature)
Patrick Sullivan
(Print Name)
President
(Title)
Attest:
District Secretary
Priscilla Schaus
APPROVED AS TO FORM AND LEGALITY
THIS __ DAY OF _____, 2024
By:
Attorney for Owner
(Print Name)
RESOLUTION NO.
END OF DOCUMENT