SCRWA - Casey Construction - Utility Water Pipe Replacement Project No. 09-CDD-149
SECTION 00500
AGREEMENT
Utility Water Pipe Replacement
Project No. 09-CDD-149
. ~~' . :)001
THIS AGREEMENT, made thIS c9()'-fY\ day of Rhrutin) by and between
I
South c,'ountv Re2:ional WastewaterAuthoritv, hereinafter called the "SCRW A,'- and C'asj
&;tt SfTl.t. d-tcv\' .ut',. hereinafter called the "Contractor.-'
W ! T N E ~ ~ E T H:
WHEREAS, SCR W A has caused the Contract Documents to be prepared
comprised of bidding and contract requirements and technical specifications and drawings for the
construction of the Utility Water Pipe Replacement Project No. 09-CDD-149, as described
therein, and
WHEREAS, the Contractor has offered to perform the proposed work in
accordance with the terms of the Contract Documents.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of
the parties herein contained and to be performed, SCR W A and Contractor agree as follows:
Article I. Work.
Contractor shall complete the Work as specified or indicated in the Contract Documents.
Article 2. Contract Time.
The Work shall be completed by the Contractor in accordance with the Contract Documents
within the time period required by Paragraph 00810-2.0, Time Allowed for Completion, subject
to extension as expressly provided in the Contract Documents.
Article 3. Liquidated Damages.
SCRW A AND THE CONTRACTOR RECOGNIZE THAT SCRW A WILL SUFFER
SUBST ANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A RESULT OF
THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE WORK DESCRIBED
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AGREEMENT
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IN THE CONTRACT DOCUMENTS. SCRW A AND THE CONTRACTOR HEREBY
ACKNOWLEDGE AND AGREE THAT THE DAMAGES AND FINANCIAL LOSS
SUSTAINED AS A RESULT OF ANY SUCH DELAYS IN PERFORMANCE WILL BE
EXTREMEL Y DIFFICULT AND IMPRACTICAL TO ASCERTAIN. THEREFORE,
SCRWA AND CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF SUCH
DELAYS IN PERFORMANCE, SCRW A SHALL BE ENTITLED TO COMPENSATION
BY WAY OF LIQUIDATED DAMAGES (AND NOT PENALTY) FOR THE
DETRIMENT RESULTING THEREFROM IN ACCORDANCE WITH PARAGRAPH
00700-6.5, LIQUIDATED DAMAGES, OF THE CONTRACT DOCUMENTS. SCRWA
AND THE CONTRACTOR FURTHER AGREE THAT THE AMOUNTS DESIGNATED
AS LIQUIDATED DAMAGES ARE A REASONABLE ESTIMATE OF SCRW A'S
DAMAGES AND FINANCIAL LOSS IN THE EVENT OF ANY SUCH DELAYS IN
PERFORMANCE CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING AS
OF THE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF
SUCH AMOUNTS TO THE RANGE OF HARM TO SCRWA WHICH REASONABLY
COULD BE ANTICIPATED AS OF THE DATE OF THIS AGREEMENT AND THE
EXPECTATION THAT PROOF OF ACTUAL DAMAGES WOULD BE EXTREMELY
DIFFICULT AND IMPRACTICAL.
BY INITIALING THIS PARAGRAPH BELOW, THE PARTIES HERETO SIGNIFY
THEIR ~V AL AND CONSENT T02~HIS ARTICLE 3.
SCRW A Contractor
Article 4. Contract Price.
In consideration of the Contractors performance of the Work in accordance with the Contract
Documents, SCR W A shall pay the Contract Price set forth in the Contract Documents.
Article 5. Contract Documents.
The Contract Documents which comprise the entire agreement between SCR W A and Contractor
concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and
the following, all of which are hereby incorporated into this Agreement by reference with the
same force and efIect as if set forth in full.
Invitation to Bid
Instructions to Bidders
Bid Documents
Designation of Subcontractors
Bid Guaranty Bond
Agreement
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AGREEMENT
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Acknowledgements
PerfOlmance Bond
Payment Bond
General Conditions
Supplementary Conditions
General Requirements
Standard Specifications
Technical Specifications
Drawings
Addenda, if any
Executed Change Orders, if any
Notice of A ward
Notice to Proceed
Article 6. Miscellaneous.
Capitalized terms used in this Agreement which are defined in Section 01090, References, of the
Contract Documents will have the meanings set forth in Section 01090, References.
Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in
the Contract Documents without the prior written consent of SCR W A, which consent may be
withheld by SCR WAin its sole discretion. No assignment by the Contractor of any rights,
obligations, duties or responsibilities under or interests in the Contract Documents will be
binding on SCR W A without the prior written consent of SCR W A (which consent may be
withheld in SCR W A's sole discretion); and specifically but without limitation monies that may
become due and monies that are due may not be assigned without such consent (except to the
extent that the efIect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment, executed by SCR W A, no assignment will
release or discharge the assignor from any liability, duty, obligation, or responsibility under the
Contract Documents.
Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns. Nothing contained in
the Contract Documents shall in any way constitute a personal obligation of or impose any
personal liability on any employees, officers, directors, agents or representatives of SCR W A or
its successor and assigns.
In accordance with California Business and Professions Code Section 7030, the Contractor is
required by law to be licensed and regulated by the Contractors' State License Board which has
jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or
omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of
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the alleged violation. Any questions concerning the Contractor may be referred to the Registrar,
Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.
IN WITNESS WHEREOF, this agreement has been executed on this c2O#1day
of re brtAaV1f ' J.r;vq .
OlsEY ~J.~c:d /AlC
ewater Authority
Name of Contractor
-rl1orY10SI1k1(j 11 rei
~~-
t.~/Pi:'A)T
Title of Signator
d
ATTEST:
~ppr v~d,as to form: _
~C'C~~~
mda A. Callon
SCR W A Legal Counsel
~
***END OF SECTION***
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