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DOCUMENT 00 5200
AGREEMENT
THIS AGREEMENT, dated this 16th day of December 2024, by and between West Star Environmental, Inc. whose place of business is located at 4700 W. Jennifer Avenue, Fresno, CA 93722 (Contractor), and CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENTS DISTRICT, a political subdivision of the State of California (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. adopted on the 16 th day of December 2024 awarded to Contractor the following Contract:
Fuel System Improvements Project
At 100 Lincoln Centre Drive]
PROJECT NUMBER CIP 301-700
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 three million one hundred forty- seven thousand two hundred fifty nine dollars and zero cents ($3,147,259).
C. The Contract Sum is all inclusive and includes all Work; all federal, state, and local taxes on materials and equipment, and labor furnished by Contractor, its subcontractors, subconsultants, architects, engineers, and" vendors or otherwise arising out of Contractor's performance of the Work, including any increases in any such taxes during the term of this Agreement; and any duties, fees, and royalties imposed with respect to any materials and equipment, labor or services. The taxes covered hereby include (but are not limited' to) occupational, sales, use, excise, unemployment, FICA, and income taxes, customs, duties, and any and all other taxes on any item or service that is part of the Work, whether such taxes are normally included in the price of such item or service or are normally stated separately. Notwithstanding the foregoing, each party shall bear such state or local inventory, real property, personal property or fixtures taxes as may be properly assessed against it by applicable taxing authorities.
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).
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B. Contractor shall commence Construction Work on the date established in the Notice to Proceed for Construction Work, expected May 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 May 2025.
1.05 Completion of Construction Work
A.Contractor shall achieve Substantial Completion of the entire new Unleaded system within 70 Calendar Days from the end of the Procurement Period.
B. Contractor shall achieve Substantial Completion of the entire Work within 120 Calendar Days from the end of the Procurement Period.
C. Contractor shall achieve Final Completion of the entire Work 15 Calendar Days from the date of Substantial Completion.
ARTICLE 2 PROJECT REPRESENTATIVES
2.01 Owner’s Project Manager
A. Owner has designated Ryan Marquez 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 Dave Mendrin as its Project Manager to act as Contractor’s Representative in all matters relating to the Contract Documents.
B. Contractor has designated the following other Key Personnel for the Project:
Name Position
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 Nine Hundred and Fifty dollars ($950.00) 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. 2 8
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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 [FOR OWNER’S CONSIDERATION]
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 Notice to Proceed
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 Supplemental General Conditions
Document 00 7316 Supplemental Conditions – Insurance and Indemnification
Document 00 7320 COVID Requirements
Document 00 7380 Apprenticeship Program and Skilled and Trained Workforce Requirements
Document 00 9113 Addenda
Document 01 1100 Summary of Work
Document 01 2000 Measurement and Payment
Document 01 2100 Allowances
Document 01 2220 Project Bid Items Measurement and Payment Document 01 2600 Modification Procedures
Document 01 3119 Project Meetings
Document 01 3200 Progress Schedules and Reports
Document 01 3300 Submittals
Document 01 4100 Regulatory Requirements
Document 01 4200 References and Definitions
Document 01 4523 Testing and Inspection
Document 01 5000 Temporary Facilities and Controls
Document 01 5600 Site Security and Safety
Document 01 5713 Temporary Erosion and Sedimentation Control Document 01 6000 Product Requirements
Document 01 7300 Execution Requirements
Document 01 7400 Cleaning and Waste Management
Document 01 7700 Contract Closeout
Document 01 7839 Project Record Documents
Document 02 4100 Demolition
Document 02 6500 Underground Storage Tank Removal
Document 03 0100 Maintenance of Concrete
Document 03 1000 Concrete Forming and Accessories
Document 03 2000 Concrete Reinforcing
Document 03 3000 Cast-in-Place Concrete
Document 10 7316R Metal Canopy
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Document 23 1113R2 Facility Fuel System
Document 26 0505 Selective Demolition for Electrical
Document 26 0526 Grounding and Bonding for Electrical Systems Document 26 0529 Hangers and Supports for Electrical Systems Document 26 0533.13 Conduit for Electrical Systems
Document 26 0533.16 Boxes for Electrical Systems
Document 26 2416 Panelboards
Document 31 2316 Excavation
Document 31 2316.13 Trenching
Document 31 2323 Backfill
Document 32 1123 Aggregate Base Courses
Document 32 1216 Asphalt Paving
Document 32 1313 Concrete Paving
Document 33 4616 Subdrainage Piping
CONSTRUCTION DRAWINGS
T-1 Title Sheet
A-1 Site Plan East – Unleaded
A-2 Site Plan West – Diesel
A-3 Detailed Scope of Work and Construction Phasing A-4 Detailed Scope of Work and Construction Phasing D-1 AST Demolition Site Plan
C-1 UST Demolition Plan
C-2 AST Demolition / Installation Plan
C-3 AST Demolition / Installation Plan
C-4 UST Paving Repair Grading Plan / AST Installation Grading Plan C-5 AST & Canopy Grading & Drainage Plan
C-6 Site Details / Construction BMP’s
F-1 10,000 Gallon Unleaded AST Detail
F-2 10,000 Gallon Diesel AST Detail
F-3 Unleaded Tank Plans and Elevations
F-4 Diesel Tank Plans and Elevations
F-5 Miscellaneous Details
F-6 Day Tank Replacement Plan
E-1.1 Electrical Schedules & Details
E-1.2 Electrical Schedules & Diagrams (East)
E-1.3 Electrical Schedules & Diagrams (West)
E-2.1 Electrical Site Plan (East)
E-2.2 Electrical Site Plan (West)
E-3.1 East AST Area Classification Plan
E-3.2 West AST Area Classification Plan
E-4.1 East AST Electrical Plans
E-4.2 West AST Electrical Plans
E-5.1 Energy Compliance – Title 24
E-5.2 Energy Compliance – Title 24
ATTACHMENTS
Attachment 1 Geotechnical Engineering Investigation and Limited Environmental Sampling (No. 5-223-0625)
Attachment 2 Underground Storage Tank System and Sump Closure Requirements (UN-002)
Attachment 3 Underground Storage Tank System Closure Permit Application (UN-003) Attachment 4 Aboveground Tank System Closure Requirements (UN-063) Attachment 5 Aboveground Tank System Closure Permit Application (UN-064) 2 8
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Drawings, Table, Schedules, and Technical Specifications listed in Document 00 0115
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.
6.02Contractor and Owner understand and agree 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. Contractor and Owner further understand and agree 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.
6.05This Project is subject to the skilled and trained workforce requirements of Public Contract Code Sections 2600 et seq. Contractor shall comply with all such requirements.
6.06Copies 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 Owner’s Office, 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 Contractor’s 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.
6.07This Agreement and the Contract Documents shall be deemed to have been entered into in the City of Foster City, 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 County of San Mateo, California.
IN WITNESS WHEREOF the parties have executed this Agreement in quadruplicate the day and year first above written.
CITY OF FOSTER CITY/ESTERO MUNICIPAL
IMPROVEMENTS DISTRICT:
CONTRACTOR:
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By: ______________________________
Stacy Jimenez, Mayor/President
Name: West Star Environmental, Inc.
By: ______________________________
(Signature)
Its: _____________________________
Title (If Corporation: Chairman, President
or Vice President)
ATTEST:
By: ______________________________
Priscilla Schaus, City/District Clerk
By: ______________________________
(Signature)
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)
1099 INFORMATION:
Contractor Taxpayer I.D. No.: ________________
APPROVED AS TO FORM:
By: ____________________________
Benjamin Stock, City/EMID Attorney
APPROVED AS TO ADMINISTRATION:
By: ____________________________
Stefan Chatwin, City/District Manager
END OF DOCUMENT