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Bowers Formal Contract 2022 0222 FORMAL CONTRACT THIS Contract, is made and entered into this "-6day of February, 2022, by and between Vinciguerra Construction, Inc. hereinafter referred to as "Contractor," and South Tahoe Public Utility District, El Dorado County, California, hereinafter referred to as "District". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, the District and the Contractor agree as follows: 1. That the Contractor will furnish all labor, materials, equipment, tools, transportation, services, appliances, and appurtenances for the construction of 2022 Bowers Waterline Replacement Project in accordance with the Contract Documents therefore, adopted by the Board of Directors of the above District, as prepared in part by the District. 2. That the District will pay the Contractor progress payments and the final payment in accordance with the method set forth in the Contract Documents with warrants drawn on the appropriate fund or funds as required, according to the prices as bid and accepted, based upon the Plans, Specifications, and Addenda, as follows: Total Bid - $2,476,460.00. Two Million Four Hundred Seventy-Six Thousand Four Hundred Sixty Dollars and Zero Cents. 3. Contractor agrees to complete said work within Two Hundred and Nineteen (219) calendar days from the Date specified in the Notice to Proceed (or approved extensions thereof) and to the entire satisfaction of the District before final payment is made. Contractor also agrees that all construction activities requiring excavation, earthwork or soil material removal shall occur between May 1, 2022 and October 15, 2022 (167 calendar days) in accordance with requirements of the Tahoe Regional Planning Agency (TRPA) and to the entire satisfaction of the DISTRICT before final payment is made. 4. Time is of the essence of this Contract. 5. That pursuant to the provisions under Part 2.04, Contract Time and Liquidated Damages, of Section 00 72 00, General Conditions, of these Contract Documents, under this Contract, the Contractor will incur fixed and liquidated damages for delays in completion of the Work. 6. That the Contractor will pay, and will require all Subcontractors to pay, all employees on said work a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, as contained in or referenced by the Contract Documents for this work. 7. That the Contractor shall forfeit to the District a daily penalty, as defined in Section 00 73 00, Part 2.09 of this Contract, for underpayment of prevailing wages. 8. That the Contractor shall keep accurate certified payroll records, and produce them as required by Part 2.09 of Section 00 73 00 of these Contract Documents. 9. That in the performance of this Contract, a day's work has been defined in Section 00 73 00, Part 2.11, and a daily penalty shall be paid if Contractor violates the terms of the Labor Code with respect to such definition, as described in Section 00 73 00, Part 2.11. 10. That the Contractor shall carry California Worker's Compensation Insurance and require all Subcontractors to carry California Worker's Compensation Insurance as required by the Labor Code of the State of California. 11. The Contractor shall, prior to the execution of the Contract, furnish all insurance policies as required in Section 00 73 00, Supplemental Conditions, Part 2.01, and furnish two bonds approved by the DISTRICT, one in the amount of One Hundred (100) Percent of the Contract price to guarantee payment of all claims for labor and materials furnished., one in the amount of One Hundred (100) Percent of the Contract price to guarantee performance. This Contract shall not become effective until such bonds and policies are supplied to and approved by the DISTRICT. 12. This Formal Contract reference includes the Contract Documents, which includes the following. Solicitation — Notice Inviting Bids Instructions to Bidders Information Available to Bidders Electronic Bid Schedule Bid Form Formal Contract 2