City of Manteca 00500-1 50126948
Storm Drain Zone 36/39 Improvements Project, Phase 1 - Outfall Construction March 2026 (Bid Set) l:\50126948 - zone 36-39 storm drain - ci manteca\documents\specs\phase 1\00\00500.docx SECTION 00500
CONTRACT
THIS AGREEMENT, made this __12th_ day of _May________________________, 2026__ by and between City of Manteca, Manteca, California, hereinafter called the "City," and __Mozingo Construction, Incorporated________________hereinafter called the "Contractor." W I T N E S S E T H:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, 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 Invitation to Bid, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount not less than ten percent
(10%) of the bid price for the construction of the proposed work in accordance with the terms of this contract; and
WHEREAS, the City, in 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 contract, and has duly awarded to the Contractor a contract for the work and for the sums named in the proposal.
NOW, THEREFORE, THIS CONTRACT WITNESSETH:
Article I. WORK TO BE DONE
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:
STORM DRAIN ZONE 36/ZONE 39 IMPROVEMENTS PROJECT
PHASE 1 - OUTFALL CONSTRUCTION
for the City of Manteca, California in conformity with the specifications and drawings and other contract documents hereto attached and according to such instructions as may be given by the Department.
ARTICLE II. CONTRACT PRICES
City hereby promises and agrees with Contractor to employ, and does hereby employ, Contractor to provide the materials and to do the work according to the terms and conditions ATTACHMENT 4
Section 00500
CONTRACT
City of Manteca 00500-2 50126948
Storm Drain Zone 36/39 Improvements Project, Phase 1 - Outfall Construction March 2026 (Bid Set) l:\50126948 - zone 36-39 storm drain - ci manteca\documents\specs\phase 1\00\00500.docx herein contained and referred to, for the sum of $7,964,001 (Seven million nine hundred sixtyfour thousand one dollars and no cents) subject to additions and deductions as provided therein, and hereby contracts to pay the same at the time, in the manner and upon the conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE III. PARTS OF THE CONTRACT
That the complete contract consists of the following documents, all of which shall be considered as parts of this agreement.
1. Invitation to Bid
2. General Conditions
3. Supplementary Conditions
4. Specifications bearing the title City of Manteca Storm Drain Zones 36/39 Improvements Project, Phase 1 – Outfall Construction
5. Contract Proposal
6. Contract Bonds
7. Contract Drawings
All of the documents above are contained herein.
ARTICLE IV.
By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
ARTICLE V.
The statement of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is hereby specifically referred to and by this reference is made part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith.
ARTICLE VI.
The Contractor agrees to receive and accept the sum of $7,964,001 (Seven million nine hundred sixty-four thousand one dollars and no cents) subject to additions and deductions as provided herein, as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of ATTACHMENT 4
Section 00500
CONTRACT
City of Manteca 00500-3 50126948
Storm Drain Zone 36/39 Improvements Project, Phase 1 - Outfall Construction March 2026 (Bid Set) l:\50126948 - zone 36-39 storm drain - ci manteca\documents\specs\phase 1\00\00500.docx the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Department.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first above written.
Licensed in accordance with an act providing for the registration of Contractors License No.
Federal Employer Identification No.
CITY OF MANTECA
Contractor/Firm
Signature of Contractor Toni Lundgren, City Manager
ATTEST
Print Name
Cassandra Candini-Tilton, City Clerk
Title
COUNTERSIGNED
Address
City, State, and Zip
Matthew Boring, Finance Director
COUNTERSIGNED
Phone Number Stephanie Van Steyn, Human
Resources Director
APPROVED AS TO FORM
Kousha Mckennejad, Deputy City Attorney
**END OF SECTION**
ATTACHMENT 4
Section 00500
CONTRACT
City of Manteca 00500-4 50126948
Storm Drain Zone 36/39 Improvements Project, Phase 1 - Outfall Construction March 2026 (Bid Set) l:\50126948 - zone 36-39 storm drain - ci manteca\documents\specs\phase 1\00\00500.docx
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ATTACHMENT 4