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Home My WebLink AboutSCRWA - Don Chapin Company, The - Southside Drive Cul-De-Sac Project No. 07-CDD-140 f -, AGREEMENT Project No. 07-CDD-140 Project Name: Southside Drive Cul-De-Sac ~ !J;>e1 THIS AGREEMENT, made this ~ day of bJ~s~ by and between the South County Reeional Wastewater Authoritv, hereinafter called the "Authority,"or "SCRW A", and The Don Chapin Company, hereinafter called the "Contractor." W!TNE~~ETH: WHEREAS, the Authority has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the Project No.07-CDD-140, Southside Drive Cul-De-Sac, 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, the Authority 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. THE AUTHORITY AND THE CONTRACTOR RECOGNIZE THAT THE AUTHORITY WILL SUFFER SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A RESULT OF THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS. THE AUTHORITY 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, THE AUTHORITY AND CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF SUCH DELAYS IN PERFORMANCE, THE AUTHORITY 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. THE AUTHORITY AND THE CONTRACTOR FURTHER AGREE THAT THE AMOUNTS DESIGNATED AS LIQUIDATED DAMAGES ARE A REASONABLE ESTIMATE OF THE AUTHORITY'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 TillS AGREEMENT, INCLUDING THE RELATIONSHIP OF SUCH AMOUNTS TO THE RANGE OF HARM TO THE AUTHORITY 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. ARTIES HERETO SIGNIFY o THIS ARTICLE 3. icle . Contract Price. In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the Authority shall pay the Contract Price set forth in the Contract Documents. Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between Authority 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. Invitation to Bid Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements 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 The parties hereto acknowledge and agree that all of the bid documents and processes, and all of the Contract Documents listed above, mistakenly identified the City of Gilroy, as opposed to the Authority, as the bid-soliciting agency and contractee for Project No. 07-CDD-140. The parties hereto thus agree that all references to "City" or "City of Gilroy" in the Contract Documents shall be deemed to apply only to the Authority and not to the City of Gilroy. Contractor further agrees to submit to the Authority, as a condition precedent of this Agreement, the following new bonding and insurance documentation that properly identifies the Authority as the contractee and beneficiary of this Agreement, as opposed to the City of Gilroy, as follows: Bid Guaranty Bond, Faithful Performance Bond, Payment Bond, Certificate of Insurance, and Workers' Compensation Endorsement. Article 6. Miscellaneous. Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meetings 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 the Authority, which consent may be withheld by the Authority 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 the Authority without the prior written consent of the Authority (which consent may be withheld in Authority'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 the Authority, 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 the Authority 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 patent 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 Isd'day of hthr , 11rJ7 . tIu ~/'" ~ ~ Name of Contractor thority Dated: (JIlR/II/WI1 ;- Title of Signator APPROVED AS TO FROM: ~<<re&R~ () LINDA A. CALLON./ S- c~uJll-l.er ~~ Gilroy City A ttoQley SmITH COUNTY REGIONAL WASTEWATER A lITHORITY South County Regional Wastewater Authority 7351 Rosanna St., Gilroy, CA 95020 Phone (408) 846-0450; Fax (408) 846-0429 CHANGE ORDER NO. 1 To contract for: Southside Drive Cul-de-Sac, Project No. 07 -CDD-140 Coutractor: The Don Chapin Company Contract Date: 8/1512007 This order shall become effective when it has been signed by the City Administrator, City Engineer, Project Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to The City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned to him as his authority to proceed with the work. Description of Work Raise additional Iron: Sewer gate valv~ G5 Anod~ Monitoring well Abandon Existing Monitoring Well Dig drainage ditcb to extend flow line in botb directions at 12" CMP driveway crossing Itm. 17 -Aggregate base qty overrun to 125% Itm. 18 -Rough grading road qty overrun to 125% Itm. 19 -Site exc earth-loader/trucks qty overrun to 125% Itm. 25 -Bituminous base course 6" qty overrun to 125% Itm. 17 -Aggregate base qty overrun above 125% Itm. 18 -Rough grading road qty overrun above 125% Itm. 19 -Site exc eartb-Ioader/trucks qty overrun above 125% Itm. 25 -Bituminous base course 6" qty overrun above 125% $1670.33 $0.00 $961.85 TOTAL $60.882.00 $63,514.18 All requirements of the original Contract Documents shall apply to the above work except as specifically modified by this Change Order. The contract time shall not extend unless expressly provided for in this Change Order. By signing this Change Order, Contractor acknowledges and agrees that the adjustments to cost and time contained herein are in full satisfaction and accord, and are accepted as payment in full. for any and all costs and expenses associated with , (the "Extra Work"), including but not limited to labor, materials, overhead and profit, delay, disruption, loss of efficiency and any and all other direct and/or indirect costs or expenses associated with the Extra Work and hereby waives any right to claim any further cost and time impacts at any time during and after completion.of the Contract associated with the Extra Work. 121412007 P_M. Cost Percentage Initial I (We) agree to make the above change subject to the terms of this Change Order for the NET INCREASE of $63,514.18 Original Contract Price Previous Change Orders Total to Date This Change Order Total Change Orders to Date Revised Contract Price $184,929.00 $0.00 $184,929.00 $63,514.18 $63,514.18 $248,443.18 0.00% A 34.35% k ~~ c'/I?t;D;s;,.,t c,,""P~..:kIC CONTRACTOR By~ Date: /Z--~-t!)r ACCEPTED BY: (~-D6 <97 Date RECOMMENDED BY: I~.bi/ rFf Date 1214/2007 SOlITH COUNTY REGIONAL WASTEWATER AlITHORITY South County Regional Wastewater Authority 7351 Rosanna St., Gilroy, CA 95020 Phone (408) 846-0450; Fax (408) 846-0429 CHANGE ORDER NO.2 To contract for: Southside Drive Cul-de-Sac, Project No. 07-CDD-140 Contractor: The Don Chapin Company Contract Date: 8/1512007 This order shall become effective when it has been signed by the City Administrator, City Engineer, Project Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to The City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned to him as his authority to proceed with the work. Description of Work -Install detail 23 pavement marken, install reflective pavement marken detal 21 and install paint detail 27B. All requirements of the original Contract Documents shall apply to the above work except as specifically modified by this Change Order. The contract time shall not extend unless expressly provided for in this Change Order. By signing this Change Order, Contractor acknowledges and agrees that the adjustments to cost and time contained herein are in full satisfaction and accord, and are accepted as payment in full, for any and all costs and expenses associated with . (the "Extra Work"), including but not limited to labor, materials, overhead and profit, delay, disruption, loss of efficiency and any and all other direct and/or indirect costs or expenses associated with the Extra Work and hereby waives any right to claim any further cost and time impacts at any time during and after completion of the Contract associated with the Extra Work. 1 (We) agree to make the above change subject to the terms of this Change Order for the NET INCREASE of $1,200.60 Original Contract Price Previous Change Orders Total to Date This Change Order Total Change Orders to Date Revised Contract Price Cost $184,929.00 $63,514.18 $248,443.18 $1,200.60 $64,714.78 $249,643.78 P.M. Percenta~e Initial 34.35% \t(1~ 34.99%~ ~....... t"'~ C;"'.P~ f ~~ . CON1RACT ~ Date: /~~tP-:r ACCEPTED BY: I J. /.s -0 I Date RECOMMENDED BY: 1:;/5/07 Date 1214/2007