Cities Index.
Attachment 5 - Original Contract

Manteca City Council
November 1, 2022

Document
Attachment 5 - Original Contract
Meeting
November 1, 2022
Body
Manteca City Council
Original file
2.0 MB
Text extracted from the city's file for reading and search. Open the original on manteca-ca.legistar1.com. That file is the official record.

TECHNICAL SPECIFICATIONS
FOR
City of Manteca
Wastewater Quality Control Facility
WQCF Bar Screen Project
VOLUME 1 OF 2

PREPARED FOR

CITY OF MANTECA

DEPARTMENT OF PUBLIC WORKS
1001 W. CENTER STREET
MANTECA, CA 95337
HERWIT
---- - ENG I NEER I NG
December, 2020
Cover.doc
ATTACHMENT 5
SECTION 00500

AGREEMENT
THlS AGREEMENT, made this __ day of 2021
by and between City of Manteca, hereinafter called the "City," and GSE Construction Company, Inc. hereinafter called the "Contractor."
W I TN E S S E TH:

Article 1. WORK
WHEREAS, the City has caused the contract documents to be prepared comprised of bidding and contract requirements and technical specifications and plans for the construction of the WQCF Bar Screen Project With Bid Alternate as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the contract documents for the sum of $939,337 subject to additions and deductions provided therein.

NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the Contractor hereby agrees to complete the work at the total bid and on the terms and conditions herein contained, and the City agrees to pay the Contractor as provided herein for the fulfillment of the work and the performance of the covenants set forth herein.

The further terms, conditions, and covenants of the Contract are set forth in the contract documents, each of which is by this reference made a part hereof.

Article 2. ENGINEER
The Project has been designed by HERWIT Engineering, who is hereinafter called Engineer and who is to act as the Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the contract documents in connection with completion of the Work in accordance with the contract documents.

A11icle 3. CONTRACT TIMES

3.1 . The Work shall be Substantially Complete within 200 Calendar Days and all remaining items and final completion of the contract work shall be Final Complete in 214 calendar days from the date specified in the Notice to Proceed. All periods shall begin after the date when the contract times commence to run as provided in Paragraph 2.03 of the Standard General Conditions of the Construction Contract, and ready for final payment in accordance with Paragraph 14.07B of the Standard General Conditions of the Constrnction Contract.

3.2. Liquidated Damages. The Owner and Contractor recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1. above, plus any extensions thereof allowed in December, 2020
Bid Set
00500-1-C

CONFORMED
City of Manteca
WQCF Bar Screen Project
ATTACHMENT 5
SECTION 00500

AGREEMENT
accordance with A1ticle 12 of the Standard General Conditions of the Construction Contract. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), the Contractor shall pay the Owner $2,000 for each day that expires after the times specified in Paragraph 3.lor any proper extension thereof granted by the Owner for Substantial Completion of the Work. If the Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in Paragraph 3.1. for Final Completion and any proper extension thereof granted by the Owner, the Contractor shall pay the Owner $1,000 for each day that expires after the time specified in Paragraph 3.1. for Final Completion and readiness for final payment.

Article 4. PAYMENT PROCEDURES
The Contractor shall submit Appl.ications for Payment in accordance with Article 14 of the Standard General Conditions of the Construction Contract. Applications for Payment will be processed by Construction Manager as provided in the Standard General Conditions of the Construction Contract.

Article 5. INTEREST
Payment of interest shall be as provided in the Standard General Conditions of the Construction Contract.

Article 6. CONTRACTOR'S REPRESENTATIONS
In order to induce the Owner to enter into this Agreement, the Contractor makes the following representations:

6.1. The Contractor has thoroughly examined and carefully studied the contract documents (including the Addenda I isted in Paragraph 8.) and the other related data identified in the Bidding Documents including "technical data."

6.2. The Contractor has visited the site and become famil iar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work.

6.3 . The Contractor is fami liar with and is satisfied as to all federal , state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work.

6.4. The Contractor has carefully studied all repo1is of explorations and tests of subsmface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the project Technical Specifications and Paragraph

4.02A. of the Standard General Conditions of the Construction Contract.

The Contractor accepts the determinations set forth in Paragraph 4.02. of the Standard General Conditions and the limitations and extent of the "technical data'' contained in such reports and drawings upon which the Contractor is entitled to rely as provided in Paragraph

4.02. of the Standard General Conditions of the Construction Contract.

December, 2020
Bid Set
00500-2-C

CONFORMED
City of Manteca
WQCF Bar Screen Project
C
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ATTACHMENT 5
SECTION 00500

AGREEMENT
The Contractor acknowledges that such reports and drawings are not contract documents and may not be complete for the Contractor's purposes.

The Contractor acknowledges that the Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the contract documents with respect to Underground Facilities at or contiguous to the site.

The Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground FaciLities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by the Contractor and safety precautions and programs incident thereto.

The Contractor does not consider that any additiona l examinations, investigations, explorations, tests, studi~ or data are necessary for the pe1formance and furnishing of the Work at the Contract Price, within the contract times and in accordance with the other terms and conditions of the contract documents.

6.5. The Contractor is aware of the general nature of work to be performed by the Owner and others at the site that relates to the Work as indicated in the contract documents.

6.6. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the site, reports and drawings identified in the contract documents and all additional examinations, investigations, explorations, tests, studies and data with the contract documents.

6.7. The Contractor has given the Owner or Engineer written notice of all conflicts, errors, ambiguities or discrepancies in the contract documents and the written resolution thereof by Engineer through issued addendum or addenda is acceptable to the Contractor, and the contract documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furn ishing of the Work. When sa id conflicts, etc., have not been resolved through interpretation or clarification by the Owner, because of insufficient time or otherwise, The Contractor has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and said greater cost is included in the Contract Price.

Article 7. CONTRACT DOCUMENTS
The contract documents which comprise the entire agreement between the Owner and Contractor concerning the Work consist of the following:

7. l. This Agreement.

7.2. Exhibits to this Agreement.

December, 2020
Bid Set
00500-3-C

CONFORMED
City of Manteca
WQCF Bar Screen Project
ATTACHMENT 5

7.3. Perfo1~mance, Payment, and other Bonds.

7.4. Notice to Proceed.

7.5. Standard General Conditions of the Construction Contract.

7.6. Supplementary Conditions.

SECTION 00500

AGREEMENT

7.7. Specifications bearing the title WQCF Bar Screen Project Volume 1 of 2 and consisting of 16 divisions, as listed in table of contents thereof.

7.8. Drawings bearing the title WQCF Bar Screen Project Volume 2 of 2 consisting of a cover sheet and sheets as listed in table of contents thereof.

7.9. Addenda numbers! to 1, inclusive (Enclosure B).
7 .10. Bid Period Questions and Answers (Enclosure A).

7. I I. Contractor's Bid (pages ! to ~ inclusive) included in their respective Specification Sections in Division O herein.

7.12. Documentation submitted by the Contractor prior to Notice of Award (pages NIA to NIA inclusive), None Received.

7.13. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached thereto:
7 .14. All written amendments and other documents amending, modifying or supplementing the contract documents pursuant to Paragraph 3.04 of the Standard General Conditions of the Construction Contract.

There are no contract documents other than those listed above in this Article 7. The contract documents may only be amended, modified or supplemented as provided in Paragraph 3.04 of the Standard General Conditions of the Construction Contract.

Article 8. MISCELLANEOUS

8.1. Terms used in this Agreement which are defined in Atticle I of the Standard General Conditions of the Construction Contract w ill have the meanings indicated in the Standard General Conditions of the Construction Contract.

8.2. No assignment by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifica lly but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent t hat the effect of this restriction may be limited by law), and wlJess specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the contract documents.

December, 2020
Bid Set
00500-4-C

CONFORMED
City of Manteca
WQCF Bar Screen Project
C
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ATTACHMENT 5
SECTJON 00500

AGREEMENT
IN WITNESS WHEREOF, this agreement has been executed on this Lciay of ~«\'Ou< , 20 'lr \ .

GSE Construction Company Inc.

Name of Contractor
Signature of Contractor
Chief Operating Officer
Title of Signator

CITY OF MANTECA
c::5~ Toby Well;., City Manager
ATTEST
7633 Southfront Road, Suite 160, Livermore CA 94551
Address Ca ra Canclini-Tilton, Director of
925-447-0292
Phone Number
401498
Contractor's License No.

December, 2020
Bid Set
Legislative Services / City Clerk
\1,.. . f . Z-J
Date
COUNTERSIGNED:
1,1. tJared ansen, Acting Di.rector of Finance
ll/ '< / Z)
Date
&Engagemen
f \· i·? D?:i
Date
**END OF SECTION**
oosoo-6-C

CONFORMED
City of Manteca
WQCF Bar Screen Project
ATTACHMENT 5
SECTION 00300
BfD FORM

4.00 Did Prlces
Measuremenl and Payment requirements for Unit Price items are presented in the npplicable technical sections of the specifications. Bidder will complete lhe Work in accordance with the Contract Documents for the following prices(s). for :

BTD SCHEDULE
Bid I Description Esti11111ted
Hem Onnntilies
BASI::D BJD - South Pltint
Moblliza1io11, submlllals, bonds, licenses, pe11ni1s,
1 foes, nnd insurnm:~ (11111,ximum of 4% of total bid - amount) 2 Temporal)' foci lilies, 1e111porary power, venlilation -·- ofh~dworks Spaces, ond protection of the work 3 Demolition of existing concrete wall in lower level I channel 4 Demolilion of HVAC venl hood and rread plate ot I upper deck area. s Demolition of handrail at lower channel area. ·---
6 lnstnllation of new grn1i.11g and tread plate ul upper ---- bnr screen opening. lmtaUation of new PVC liner 11nd repair of ex isling
7 PVC liner nt m iscelhmeous lower channel - locations. 8 Removal of Stop Plates at Lo,ver Channel. 2
6"x6" (rer AdilJ~ I)
9 Repair of dRmaged concrele ~ .j .. x-2.¥ by wr t _ ... _ of lower mamvay, Drawing M· 312.
.10 Modi licalfons to existi11g channel gniling and new -·- channel grating at lower level channel.

I I Purchase of new slide gales. 2
12 Markup, assembly, installation, and testing of new 2 slide gates.

December, 2020
Bid Set
00300-4

CONFORMED
I Unit
Price
$15.000
$5.000
$3,000
S3.000
$10,000
S1,000
S5,000
$10,000
16, 1()()
515,000
I Uuil I Exlcndcd
l'ric_e
LS S)"l,500
LS $ 15.000
EA $ 5,000
EA S 3.000
LS $ 3,000
LS $1 0,000
LS st~_gc,0
EA $ 2,000
LS $ 5.000
LS $ t0,000
EA $ ~l, ',\o:,
EA $ 30.000
City of Manteca
WQCF Bar Screen Project
-0
I C)
I
ATTACHMENT 5
Bid Description
Item
!WJ•oseof ncw Link Driven Mechanical Bur
13 c«:i!: Pre-negotiated price with manu fncturer.

J11~h1~l~ ~l1i1>12ing oml I6X, (No 11lrernnle
allowed).
14 Markup, nssembly, Installation and 1es1ing of Link
Driven Meclrnnical Bar Screen.
15 Modifications to exisring MCC-03-02.
16 IustaUation of exposed electrical conduit, pull
boxes, aud suppo1ts.

Installation of all elecLrical wiring, terminntions,
17 and labelh1g.

Hardwnre. Network, PLC, Programming
18 · Modifications, and updated drawings to existing
PLC Control Panel CPNL-03-0 J, per Section
1341 I.
19 Jnstallation of Bar screen control panel and
instruments.
20 Preparation of interconnects and loop drawings,
and As-bui lt drawings for all new work.
21 Pl'ogramming of PLC CPNL-03-01 to support the
Bar Screen.
22 Jnstallation of ~II TFJX SCADA programming to
support the Bar Screen.

Electric.11 equipment testing, wire testing, and
23 other specified tests for all new or modified
equipmenL
24 Not Used.
25 Miscelhmeous items specified or indicated
elsewhere but not listed above.
26 Demobilization, warranty paper work, and praject
closeout (minimum of 1%).

December, 2020
Bid Set
00300-5
Eslimutetl
0111111tities
I
I
-
·--
·-
--
-·
--
....
-·-
--·
---
--

CONFORMED
llnll Unit Price
$373,427.62 eA
~ ,w, tot\., f EA
LS
LS
LS
LS
LS
LS
LS
LS
LS
so
$1,000 LS
S15.000 LS
SECTION 00300

BIDPORM
Extcntlc<I
Pt·lce
373,427.62
$338,+81.~
(Per /ldd &O. 1)
$ l~,Ctf,.. '?,'\>
$ l,,)o:>
$ ~, \a:>
Si,il'"
s~1 soo
sLO,~
uS.soo
si '1, (too
$l4,'5C()
SL0 .. 000
so
$ 1,000
$ 15,000
City of'Manteca
WQCF Bnr Screen Project
ATTACHMENT 5
SECTION 00300
BJDfORM
Did nescl"iptiou Eslimntcd Un il U11i t Extended
Item Ottm1tHics P1icc Price
,, T .. / I lllrl Altcrnnfe - 4(ldifionrtl Worlt sif l\'1111nvny li ' ; •< '- ,~-'·lie-• Remove :md reinsfAII manwny door. Provide FRP
27 fin IQ direct water :iwny from door se11J. Dnnving --- M-3 12. $5,000 LS $ 5,000
Pnwirle :,cklitionel ventilation in influent well 10
28 allow snfely working on the 111tmwny doonvny.

There is very high 1-12S in the influent well. --· $10,000 lS $ 10,000 Drawing M-312.

Remove 1111d reph1cc 12 inch deep strip of PVC
29 liner for the entire width oflhe mnnwny door. ·-· $1 1,000 LS $ 11,000 Drnwing M-312.

Repair ndditional 6 inch deep concre1e for tltc
30 entire width of the mnnwny door with specified -- $5,000 LS S 5.000 concrete repair product. Drawing M-312.

TOT AL BID FOR ALL UNIT PlUCES
n,Y\~ h ... iJ,-e~ 1'~~""7-n1)lt, f~.saj 1hr"~ h(ilJ'l-tl ~\~· ...

Se\1-t411
December, 2020
Bid Set
~ft-.,$ (use words)($ (\:>l\, 'I_;, 'J )
00300-6

CONFORMED
(use figures)
City of Manteca
WQCF' l3itr Screen Project
,,.

I
C
ATTACHMENT 5
SECTION 00500

AGREEMENT

8.3. The Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the contract documents.

8.4. Any provision or part of the contract documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be va lid and binding upon The Owner and Contractor, who agree that the contract documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

December, 2020
Bid Set
00500-5-C

CONFORMED
City ofManteca
WQCF Bar Screen Project
ATTACHMENT 5

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