SECTION 00500
AGREEMENT
THIS AGREEMENT, made this _____ day of ____________________________, 20____ by and between City of Manteca, hereinafter called the "City," and T&S Construction Company, Incorporated hereinafter called the "Contractor." W I T N E S S E T H:
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 Nile Garden Well 30 Equipping Project 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 $ 4,925,000 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 Wood Rodgers, Incorporated, 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.
Article 3. CONTRACT TIMES
3.1. The work shall be completed within 395 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 Construction 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 accordance with Article 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 3.1or 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 Applications 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 listed 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 familiar 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 familiar 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 reports of explorations and tests of subsurface 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 Supplementary Conditions as provided in Paragraph 4.02A. of the Standard General Conditions of the Construction Contract.
The Contractor accepts the determination set forth in Paragraph 4.02. of the Supplementary Conditions of the 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.
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 additional examinations, investigations, explorations, tests, studies or data are necessary for the performance 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 furnishing of the Work. When said 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:
7.1. This Agreement.
7.2. Exhibits to this Agreement.
7.3. Performance, Payment, and other Bonds.
7.4. Notice to Proceed.
7.5. Standard General Conditions of the Construction Contract.
7.6. Supplementary Conditions.
7.7. Specifications bearing the title Nile Garden Well 30 Equipping Project CIP 21034, as listed in table of contents thereof.
7.8. Drawings bearing the title Nile Garden Well 30 Equipping Project, consisting of a cover sheet and sheets as listed in table of contents thereof.
7.9. Addenda numbers 1 to 3, inclusive (included in these Specifications following the Table of Contents).
7.10. Bid Period Questions and Answers (included in these Specifications following the Table of Contents).
7.11. Contractor's Bid: Sections 00300, 00410, 00420, 00430, 00450, 00460,00470, 00480, 00490, and 00650, inclusive.
7.12. Documentation submitted by the Contractor prior to Notice of Award: Sections 00300, 00410, 00420, 00430, 00450, 00460,00470, 00480, 00490, and 00650, inclusive.
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 Article 1 of the Standard General Conditions of the Construction Contract will 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, specifically but without limitation, moneys that may become due and moneys 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, no assignment will release or discharge the assignor from any duty or responsibility under the contract documents.
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 valid 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.
IN WITNESS WHEREOF, this agreement has been executed on this _____ day of ___________________, 20_____.
CITY OF MANTECA
Name of Contractor
Signature of Contractor Gary Singh, Mayor
ATTEST
Title of Signator
Address Cassandra Candini-Tilton, City Clerk
Phone Number Date
APPROVED AS TO FORM
Contractor’s License No.
Daniella Green, Assistant City Attorney
.
Date
**END OF SECTION**
Nile Garden Well 30 - Equipping 00500-1 City Project Number August 2023 (Bid Set) CIP 21034
Nile Garden Well 30 - Equipping 00500-1 City Project Number November 2023 (Conformed) v3 CIP 21034
Nile Garden Well 30 - Equipping 00500-1 City Project Number August 2023 (Bid Set) CIP 21034
SECTION 00500
AGREEMENT
ATTACHMENT 4
Section 00500
AGREEMENT