HomeMy WebLinkAboutMyers & Sons ConstructionSECTION 00500
AGREEMENT
Plant Maintenance Projects — Pre - Anoxic Basins, Aeration System, and Clarifier
Project No. 15 -PW -219
THIS AGREEMENT, made this Z day of tt �- 17A by and
between South County Reeional Wastewater Authority, hereinafter called " SCRWA," and
hereinafter called the "Contractor."
LAP
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 — Pre - Anoxic Basins, Aeration System, and
Clarifier, Project No. 15 -PW -219, 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
SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A RESULT OF
THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE WORK DESCRIBED
15 -PW -219 AGREEMENT
Plant Maintenance Projects PAGE 00500 - 1
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 THIS ARTICLE 3.
--(R? 7, � �-
SCRWA Contractor
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.
Notice to Prospective Bidders
Instructions to Bidders
Bid Documents
15 -PW -219 AGREEMENT
Plant Maintenance Projects PAGE 00500 - 2
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
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
15 -PW -219 AGREEMENT
Plant Maintenance Projects PAGE 00500 - 3
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 day
of Pv4tt,." !S .
Y5 ��� DYIt
N.Ale of Contractor
Conti-actor's License No.
&��
Cl ss of License
APNI Ili
LiAnsel Expiration Date
Signature of Contra
'yrCe��re�1t
Title of Signator
Approved as to form:
Linda A. Callon
SCRWA Legal Counsel
ate S
1.� So ou Regio Wastewater Authority
By:
SCRWA Manager
A ST: , h
Signature
SUQ JA- UARd �ert'er
Title of Signator
** *END OF SECTION * **
15 -PW -219 AGREEMENT
Plant Maintenance Projects PAGE 00500 - 4
Bond No. 106246918
SECTION 00610
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, South
County Rezional Wastewater Authority, hereinafter designated "SCRWA," has, on
Myers and Sons «
awarded to Construction. LP , hereinafter designated as the Principal, „ a Contract for
the construction of the Plant Maintenance Projects — Pre - Anoxic Basins, Aeration System,
and Secondary Clarifier, Project No. 15 -PW -219, and
WHEREAS, said Principal is required under the terms of said Contract to furnish
a bond for the faithful performance of said Contract:
Travelers Casualty and Surety
NOW, THEREFORE, WE, the Principal, and Company of /{menca , as
Surety, are held and firmly bound unto SCRWA the penal sum of Thirteen Million Four Hundred
Thirty Thousand and Nol100----- - - - - -- dollars (S 13,430,000.00 ) lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden
Principal, it or its heirs, executors, administrators, successors, or assigns, shall in all things stand
to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and
agreements in the said contract and any alterations made as therein provided, on it or their part to
be kept and performed, at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless, SCRWA, its
officers and agents as therein stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and virtue.
It is acknowledged that the Contract provides for a one -year warranty period,
during which time this bond remains in full force and effect.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition to the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same shall, in any way, affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration, or addition to the terms of the Contract or to the work or to the specifications. Said
Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
15 -PW -219 FAITHFUL PERFORMANCE BOND
Plant Maintenance Projects PAGE 00610 - 1
IN WITNESS WHEREOF, the above bounden parties have executed this
instrument under their seals this day of MgciC H , 2015- , the name and corporate
seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
Myers and Sons Construction, LP
Principal
(Seal)
Signature for Principal
yam. I�vrsi�l��1�
Title of Signator
Travelers Casualty and Surety Company of America
Surety
(Seal)
1
Signature for Surety
Stephenie Whittington, Attomey -in -Fact
Title of Signator
** *END OF SECTION * **
15 -PW -219 FAITHFUL PERFORMANCE BOND
Plant Maintenance Projects PAGE 00610 - 2
Bond No. 106246918
,Y0411 to] 2[1ZI14 II
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, South
County Regional Wastewater Authority , hereinafter designated as "SCRWA," has, on and Sons
awarded to co srtruction. LP , hereinafter designated as the
"Principal," a Contract for the construction of the Plant Maintenance Projects - Pre - Anoxic
Basins, Aeration System, and Secondary Clarifier, Project No. 15 -PW -219, and
WHEREAS, said Principal is required to furnish a bond in connection and with
said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay
for any materials, provisions, or other supplies used in, upon, for, or about the performance of
the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of
this bond will pay the same to the extent hereinafter set forth:
Travelers Casualty and Surety
NOW, THEREFORE, we, the Principal, and Company of America , as Surety, are held
and firmly bound unto SCRWA the penal sum of Thirteen Million Four Hundred Thirty Thousand and No/100
- - - -- - - - -- -- - - - - -- Dollars ($ 13,430,000.00 ) lawful money of
the United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, and successors jointly and severally, firmly by these
presents.
The Payment Bond for which this Section provides shall secure the payment of
those persons or entities to whom the Principal, its Subcontractors or its heirs, executors,
administrators, successors, or assigns, shall be become legally indebted for labor, materials,
tools, equipment or services of any kind used or employed by the bidder in performing the work,
or taxes or amounts to be withheld thereon. The Surety or Sureties will pay the following
amounts should the Principal or a Subcontractor fail to pay the same, plus reasonable attorneys'
fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the
persons named in California Civil Code Section 3181; (2) amounts due under the Unemployment
Insurance Code with respect to work contracted to be done or any work or labor thereon of any
kind; and (3) any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the Principal and Subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and
labor. This Payment Bond shall inure to the benefit of any of the persons named in Civil Code
Section 3181 so as to give a right of action to those persons or their assigns in any suit brought
upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition of the terms of the Contract or to the work to be
15 -PW -219 PAYMENT BOND
Plant Maintenance Projects PAGE 00620 - 1
performed thereunder or the specifications accompanying the same shall, in any way, affect its
obligations of this bond, and it does hereby waive notice of any change, extension of time,
alteration, or addition to the terms of the contract or to the work or to the specifications. Said
Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
IN WITNESS WHEREOF, the above bounded parties have executed this
instrument under their seals this 31 day of M KCI-E , Zol S, the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
Myers and Sons Construction, LP
Principal
(Seal) Signature for Principal
Title of Signator
Travelers Casualty and Surety Company of America
Surety
Nj�" (J
(Seal) Signature for Surety
Stephenie Whittington, Attomey -in -Fact
Title of Signator
** *END OF SECTION * **
15 -PW -219 PAYMENT BOND
Plant Maintenance Projects PAGE 00620 - 2
Aon Risk Services Southwest, Inc. dba Aon Risk Insurance Services Southwest, Inc.
CA License 0559715
CERTIFICATE OF ACKNOWLEDGMENT OF CORPORATE SURETY
State of Texas
County of Harris
Before me, the undersigned authority, on this day personally appeared Stephenie
Whittington, known to me to be the person whose name is subscribed to the foregoing instrument
as Attorney -in -Fact of Travelers Casualty and Surety Company of America, and acknowledged to
me that he /she executed the same for purposes and consideration therein expressed, and in the
capacity therein stated.
Given under my hand and seal of office this 9th day of March, 2015.
SEAL 4
Notary Public in and for
The State of TEXAS
My Commission expires: 2/7/16
pu < VANESSA MARIE DOMINGUEZ
? No1ary Public
+ STATE OF TEXAS
�, Qh My COmmission Expires .FEBRUARV 7, 2016
OF
WARNING: THI
IS INVALID WITHOUT THE RED
POWER OF ATTORNEY
TRAVELERSJ
Farmington Casualty Company
St. Paul Mercury Insurance Company
Fidelity and Guarantv Insurance Company
Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company
United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
006255850
Attorney -In Fact No. 222 895 0
Certificate No.
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint
Michael J. Hcrrod. Wendy W. Stuckey, Margaret BLiholtz., Lisa A. Ward, Donna L. Williams, Jennifer Copeland, David Wightman, Stephanie
Whittington, Anoop Chawla Adlakha, Lupe Tyler, Nancy Thomas, Vanessa Dominguez, and Myisha Jefferson
of the City of Houston , State of Texas , their true and lawful Attorney(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Compa�i�els ave caused this instrument to be signed and their corporate seals to be hereto affixed, this
O
day of January
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
26th
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
G�SUq \0.E
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State of Connecticut
City of Hartford ss.
By:
Robert L. Raney, enior Vice President
26th January 2015
On this the day of ,before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
G•TET
In Witness Whereof, 1 hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2016. �'0L8U� # Marie C. TetreaUlt. Notary Public
58440 -8 -12 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
OF ATTORNEY IS
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 _.
r✓
Kevin E. Hughes, Assistant Se tary
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To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attomey -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY