Auburn Construction - 2014 Agreement - Project No. 15-PW-220SECTION 00500
AGREEMENT
Plant Maintenance Projects, East Generator Replacement and SCADA Communications
Network
Project No. 15 -PW -220
?AAA
THIS AGREEMENT, made this 2-'Z day o� by and
((�6between South Coun R ional Wastewater Authority, hereinafter called " SCRWA," and
, & S hereinafter called the "Contractor."
WITNESSETH:
WHEREAS, SCRWA has caused the Contract Documents to be prepared
comprised of bidding and contract requirements and technical specifications and drawings for
the construction of the Plant Maintenance Projects, East Generator Replacement and
SCADA Communications Network Project No. 15 -PW -220, 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, SCRWA and Contractor agree as follows:
Article 1. 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.
SCRWA AND THE CONTRACTOR RECOGNIZE THAT SCRWA WILL SUFFER
15 -PW -220 AGREEMENT
Plant Maintenance Projects, East Generator Replacement PAGE 00500 - 1
and SCADA Communications Network
SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A RESULT OF
THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE WORK DESCRIBED
IN THE CONTRACT DOCUMENTS. SCRWA 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
EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. THEREFORE,
SCRWA AND CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF SUCH
DELAYS IN PERFORMANCE, SCRWA 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 SCRWA'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 APPROVAL AND CONSENT TO THE TERMS OF T IS ARTICLE 3.
SC MA— - ontractor
r"'rs�s �Zj.1t'
Article 4. Contract Price.
In consideration of the Contractors performance of the Work in accordance with the Contract
Documents, SCRWA shall pay the Contract Price set forth in the Contract Documents.
Article 5. Contract Documents.
The Contract Documents which comprise the entire agreement between SCRWA 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 effect as if set forth in full.
15 -PW -220 AGREEMENT
Plant Maintenance Projects, East Generator Replacement PAGE 00500 - 2
and SCADA Communications Network
`ka
Notice to Prospective Bidders
Instructions to Bidders
Bid Documents
Proposed Subcontractors
Bid Guaranty Bond
Agreement
Performance Bond
Payment Bond
General Conditions
Supplementary Conditions
General Requirements
Standard Specifications
Technical Specifications
Drawings
Addenda, if any
Executed Change Orders, if any
Notice of Award
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 SCRWA, which consent may be
withheld by SCRWA in 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 SCRWA without the prior written consent of SCRWA (which consent may be
withheld in SCRWA'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 effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment, executed by SCRWA, 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 SCRWA or
15 -PW -220 AGREEMENT
Plant Maintenance Projects, East Generator Replacement PAGE 00500 - 3
and SCADA Communications Network
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
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 2-2 day
of 6 z 1
Date
1 oun Regional Wastewater Authority
A�� Co►�s;auc;LYLS, �r�c.
By:
Name of Contractor SCRWA anager
6o6405'
Contractor's License No.
A.Q.C. —rte
Class of License
III SA
License Expiration D e
nature of Contract
Title of Signator
ATT ST:
W,1 w �r ovice�Glc:v�
S e--- Tr�c-2.
Approved as to form:
Linda A. Callon
SCRWA Legal Counsel
A T T.
Signature
�L,i. ate. = DdcJ'p�
Title of Signat000r
"' -kEND OF SECTION *',r*
15 -PW -220 AGREEMENT
Plant Maintenance Projects, East Generator Replacement PAGE 00500 - 4
and SCADA Communications Network