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Home My WebLink AboutSCRWA - G.S.E. Construction Company - Reclamation Plan Expansion Project .' SECTION 00500CA - AGREEMENT THIS AGREEMENT is dated as of the /4JA day of /l1.d/T/Ct..... in the year 20 Dr; by and between South County Regional Wastewater Authority (hereinafter called OWNER) and G.S.E. Construction Co., Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the OWNER's Contract Documents entitled SCRWA Reclamation Plant Expansion. The WORK is generally described and includes, but is not limited to, the following: Two new Filters, a new Reclaimed Water Pump Station, a new Reservoir and Reservoir Pump Station, a new Filter Feed Pump, a new VFD Drive for one of the existing Filter Feed Pumps, a new Southwest Reclamation Pump, two new Wash Wastewater Pumps, two new Sodium Bisulfate pumps, a new Hypochlorite pump, a new Hypothlorite storage tank, and other work as specified or s~own. ARTICLE 2. CONTRACT TIMES. The WORK shall be completed within 450 successive days from the commencement date stated in the Notice to Proceed. ARTICLE 3. LIQUIDATED DAMAGES. OWNER and the 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 time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding 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 the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER $2000 for each day that expires after the time specified in Article 2 herein. Further, as liquidated damages for CONTRACTOR's delay in submitting its Record Drawings, its Schedule of Values, or its CPM Schedules, the CONTRACTOR shall pay the OWNER $1000 for each day that expires after the time specified in Sections 01300, 01301, and 01311 of the General Requirements but in no event more than $50,000 for each submittal. ARTICLE 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the MWH - 100804 1481186 - SCRWA RECLAMATION PLANT EXPANSION AGREEMENT P AG E 00500CA-1 General Conditions. ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement (pages 00500-1 to 00500-3, inclusive) and the following attachments to this Agreement: o Notice Inviting Bids (pag~s 00030-1 to 00030-3, inclusive). o Instructions to Bidders (pages 00100-1 to 00100-6,inclusive). o . Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (pages 00300-1 to 00300-16, inclusive). o Performance Bond (pages 0061 0-1 to 0061 0-1, inclusive). o Payment Bond (pages 00620-1 to 00620-1, inclusive). o General Conditions (pages 00700-1 to 00700-53, inclusive). o Supplementary General Conditions (pages 00800-1 to 00800-6, inclusive), o Technical Specifications consisting of Divisions 1 to 17 inclusive as listed in the Table of Contents. o Drawings consisting of the sheets, as listed on Drawing G-2/List of Drawings. o Addenda numbers ~ to ~, inclusive. o Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. o Workers Compensation Certificate. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Paragraph 3.5 of the General Conditions. ARTICLE 7. ASSIGNMENT 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 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, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 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 of all covenants, agreements and obligations contained in the Contract Documents. MWH - 100804 1481186 - SCRWA RECLAMATION PLANT EXPANSION AGREEMENT P AG E 00500CA-2 IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CONTRACTOR G.S.E. COn1:;rrl1rr;on Co J Tnf'. Address for giving notices 73 S-I R 0 ~-~UfL St--re e-t ~ '-f~r - e-L\ '7 SOl () APP~X6, &&~ (Signature) ~(tJ-La.. ~ ~ ~/)4 ~C(2u! 11 MWH - 100804 1481186 - SCRW A RECLAMATION PLANT EXPANSION By ~~ [CO PORA TE SEAL] /~/?~ Attest Address for giving notices 1020 Shannon Court, Livermore, CA 94550 License No. 401498 Agent for service of process: Orlando Gutierrez AGREEMENT PAGE 00500CA-3 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Section 00500CA - Agreement SCRW A Reclamation Plant Expansion On March 14, 2005, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa personally-known to me to be the person whose name is subscribed to-the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITN]3;SS my hand aal seal. /' l ,- //... ~/ufL . ~~. Signature of Notary Public J..c...-:==~.-f J" '" ---~ I _ _ _ ~~~E~~ per GC Sec. 40814; CC Sec. 1181 (Notary Seal) G.S.E. Construction Company, Inc. LU1.J.ul"-...dl.. hL..)uLL u.u:, The undersigned, constituting all of the directors of G.S.E. Construction Company, Inc., hereby adopt the recitals and resolutions as shown below. This action is taken in accordance with the provisions of Section 307(b) of the California General Corporation Law, which authorized the Board of Directors to take any action without a meeting that may be taken at any annual or special meeting if the board consents in writing to the action. The effective date of the actions taken by this unanimous written consent is October 27,2004 WHEREAS, construction contracts and proposals are executed only by authorized agents of the corporation. RESOL VED, that the directors reaffirm that the following persons, with titles as designated, are authorized to execute written proposals and/or contracts on behalf of G.S.E. Construction Company, Inc. NAME TITLE ~ Orlando Gutierrez Dennis Gutierrez Stephen Mazza President V ice President VP - Field Operations CERTIFICATION OF SECRETARY I certify that: I am duly qualified and acting as Secretary of G.S.E. Construction Company, Inc., a licensed California Corporation. The foregoing is a true copy of a resolution duly adopted by the Board. of Directors of the corporation at a special meeting duly held on October 27, 2004 and entered in the minutes of such meeting in the minute book of the corporation. The resolution is in conformity with the articles of incorporation and bylaws of the corporation, has never been modified or repeated, and is . full force and effect. ./' Dated: /0/ Z 7 ,2004 UNIANIMOUS WRITTEN CONSENT IN LIEU OF ANNUAL MEETING OF BOARD OF DIRECTORS OF G.S.E. CONSTRUCTION COMPANY. INC. The undersigned, constituting all of the directors of G.S.E. Construction Company, Inc., hereby adopt the recitals and resolutions as shown below. This action is taken in accordance with the provisions of Section 307(b) of the California General Corporation Law, which authorized the Board of Directors to take any action without a meeting that may be taken at any annual or special meeting if the board consents in writing to the action. This unanimous written consent is taken in lieu of an annual meeting of the Board of Directors and shall be tiled with the minutes of the proceedings of the Board of Directors. The effective date of the actions taken by this unanimous written consent is October 27,2004 WHEREAS, the directors and officers of the company, in the conduct of the business of the company during the past year, have from time to time spent large sums of money, made contracts, bought and sold property, and performed many other acts; no, therefore, be it RESOL VED, that the actions of the directors and officers of the company so taken in all of the above matters be, and they are in all respects, hereby approved, ratified and confirmed as of the respective dates said actions were taken. Election of Officers The officers of the corporation are hereby elected to the offices set forth opposite their name: Orlando Gutierrez Sue Gutierrez Roxan D. Hunter President Secretary Treasurer WHEREAS, the Corporate Secretary will, time to time be unavailable to perform the duties of the office of Secretary, an acting Corporate Secretary will be appointed during the Secretary's absence. RESOL VED, that the directors approve the automatic appointment of Dennis Gutierrez as acting Corporate Secretary when the Corporate Secretary is deemed unavailable. or~ Q / - ~/ .u-4?~ ue GutIerrez ~ ~~f CONSTRUCTION WARRANTY South County Regional Waste Water Authority SCRWA Reclamation Plant Expansion Project 1500 Southside Drive Gilroy, CA 95020 GSE Construction Co., Inc. hereby warranties all work performed for the SCRWA Reclamation Plant Expansion Project per Specification Section 01700.1.5 and Article 13 of the General Conditions. 6~~ Steve Mazza, Project Manager {/7/tl{ Date G.S.E. Construction Co., Inc. . 1020 Shannon Court . Livermore, CA 94550 . TeI925-447-0292 . Fax 925-447-0962 Contractor License #401498 Equal Opportunity Employer o e California Regional Water Quality Control Board Central Coast Region Linda S. Adams Secretary for Environmental In ternet Address: http://www.waterboards.ca. gOY / cen tralcoast 895 Aerovista Place, Suite 101, San Luis Obispo, California 93401-7906 Phone (805) 549-3147 . FAX (805) 543-0397 Arnold Schwarzenegger Governor September 12, 2006 Jay Baksa SCRWA 1500 Southside Drive Gilroy, CA 95020 CONSTRUCTION NOTICE OF TERMINATION STATUS FOR RECLAMATION PLANT FILTER EXPANSION; GILROY, SANTA CLARA COUNTY, WOlD # 3 43C333660 Mr. Saksa: Regional Water Quality Control Board Staff has reviewed the General Construction Activities Storm Water Permit (General Permit) Notice of Termination submitted for the subject project. Staff approves the Notice of Termination submitted on the basis of construction completion. Approval is not final until the State Water Resources Control Board (State Board) has processed the Notice of Termination. After processing, State Board will issue a letter of final approval. Please note that you remain responsible for all annual fees assessed during General Permit coverage. If you have any questions regarding this matter, please call David Innis at (805) 549-3150. Sincerely, Roger W. Briggs Executive Officer C:f- . I :;......- Enclosure: Copy of approved Notice of Termination form CC: State Water Resources Control Board Division of Water Quality Attn: Storm Water Section P.O. Box 1977 Sacramento, CA 95812-1977 S:\Storm Water\Construction\_SW C Program\Notice of Termination\NOT Letters\333660.doc California Environmental Protection Agency o Recycled Paper c STATE OF CAUFORNU" CENTRAL COAST WATER BOARD fR~1..~-c.-cA"VA? -d" State of California State Water Resources Control Board i I NOTICE OF TERMINATION _ QF CO ERAGi UNDER THE NPDES GENERAL PERMIT NO. CAS000002 I FOR DISCHARGES OF STORM WATER ASj;oCIA TED WITH CONSTRUCTION ACTIVITY 895 Aerovista Place Ste. 1 Q1 I San I.3.tibrtil~f~~tff_lf~"Iyrntination constitutes notice that the owner (and his/her agent) ofthe site identified .. uth~iized to discharge storm water associated with construction activity by NPDES General Permit No. CAS000002. I. WDID NO. 3 43C333660 II. OWNER COMPANY NAME SCRWA STREET ADDRESS 1500 Southside Drive CONTACT PERSON Saeid Vaziry TITLE Chief Environmental Engineer CITY Gilroy STATE CA ZIP 95020 PHONE (408) 846-8842 III. CONSTRUCTION SITE INFORMATION CITY Gilroy STATE CA CONTACT PERSON Saeid Vaziry TITLE Chief Environmental Engineer ZIP 95020 PHONE (408) 846-8842 COUNTY Santa Clara ZIP 95020 PHONE (408) 846-8842 A. DEVELOPER NAME SCRWA STREET ADDRESS 1500 Southside Drive B. SITE ADDRESS CITY Gilroy 1500 Souths ide Drive STATE CA IV. BASIS OF TERMINATION ----X- 1. The construction project is complete and the following conditions have been met. - All elements of the Storm Water Pollution Prevention Plan have been completed. - Construction materials and waste have been disposed of properly. - The site is in compliance with all local storm water management requirements. - A post-construction storm water operation and management plan is in place. Date of project completion ~ ~I ~ 2. Construction activities have been suspended, either temporarily _ or indefinitely _ and the following conditions have been met. - All elements of the Storm Water Pollution Prevention Plan have been completed. - Construction materials and waste have been disposed of properly. - All denuded areas and other areas of potential erosion are stabilized. - An operation and maintenance plan for erosion and sediment control is in place. - The site is in compliance with all local storm water management requirements. Date of suspension _1_1_ Expected start up date _1_1_ 3. Site can not discharge storm water to waters of the United States (check one). C-NOT-l All storm water is retained on site. _ All storm water is discharged to evaporation or percolation ponds offsite. 4. Discharge of storm water from the site is now subject to another NPDES general permit or an individual NPDES permit. NPDES Permit No. Date coverage began _1_1_ 5. There is a new owner of the identified site. Date of owner transfer _1_1_ Was the new owner notified of the General Permit requirements? YES NO NEW OWNER INFORMA nON COMPANY NAME CONTACT PERSON STREET ADDRESS TITLE CITY STATE ZIP PHONE V. EXPLANATION OF BASIS OF TERMINATION (Attach site photographs - see instructions). Construction for the project is complete. See attached photo and site map. VI. CERTIFICATION: I certify under penalty of law that all storm water discharges associated with construction activity from the identified site that are authorized by NPDES General Permit No. CAS000002 have been eliminated or that I am no'longer the owner of the site. I understand that by submitting this Notice of Termination, I am no longer authorized to discharge storm water associated with construction activity under the general permit, and that discharging pollutants in storm water associated with construction activity to waters ofthe United States is unlawful under the Clean Water Act where the discharge is no' ES permit. I also understand that the submittal of this Notice of Termination does re e an own from liability any violations of the general permit or the Clean Water Act. e r TITLE 0. 2&. OG DATE~_/_ Illation has been reviewed, and 1 recommend termination of coverage under the subject NPDES Signature Region No. ~ Printed Name ----- Date II .~ 1 CJ6 ?/~~ l~L q~/-cJ6 C-NOT-I