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01 2022 Asphalt Patching Services Bid Pkg-FINAL SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 2022 ASPHALT PATCHING SERVICES CONTRACT SOUTH TAHOE PUBLIC UTILITY DISTRICT South Lake Tahoe, CA January 21, 2022 THIS PAGE LEFT INTENTIONALLY BLANK 2022 Asphalt Patching Services Contract Page 1 Invitation to Bid January 2022 January 21, 2022 INVITATION TO BID The South Tahoe Public Utility District (District) invites sealed bids by electronic submission only for the 2022 Asphalt Patching Services Contract. Electronic bids will be received until 10:00 am on February 16, 2022. Hard copy original Bid Bond (or other acceptable form of bid security) MUST be delivered to District in advance of Bid deadline. Bids submitted after this time will not be accepted by the electronic bidding system. All bids that have been timely received will be publicly opened and the content read aloud via web conference online at https://global.gotomeeting.com/join/251408325. You can also dial in using your phone. United States: 1-872-240-3412. Access Code: 251-408-325. Bidders may log in to the conference beginning fifteen minutes prior to the bid opening time. All interested parties are invited to attend. Bids shall be valid for 60 calendar days after the bid opening date, as required in the Bid Form. The work is located in the District’s service areas located in the City of South Lake Tahoe and in the unincorporated areas of El Dorado County. The paving is for sections that the District has previously repaired with “cold mix” over base material which has been compacted to a minimum of 95%. A copy of the contract documents is on file and may be examined at the South Tahoe Public Utility District Offices, 1275 Meadow Crest Drive, South Lake Tahoe, California. In order to download the Contract Documents and receive addenda and notifications when issued, Bidders must register as a vendor at the District’s Vendor Portal: http://www.planetbids.com/portal/portal.cfm?CompanyID=21516 Electronic bids will also be submitted through this website. Paper bids will NOT be accepted. Contract Documents are available for free download on the District’s Vendor Portal. For assistance in downloading these documents or registering as a vendor contact Heidi Baugh, Purchasing Agent at (530)543-6270. All bids are to be submitted electronically as required in the “General Bid Instructions, Terms & Conditions Section”. Questions or comments regarding this project must be submitted electronically via our electronic bidding system and must be received by the District no later than 4 o’clock p.m. on February 8, 2022. Questions received after the date indicated will not be accepted. Phone calls, emails, and faxes will not be accepted. Responses from the DISTRICT will be communicated via the electronic bidding system. In accordance with the provisions of California Public Contract Code Section 3300, the DISTRICT has determined that the bidder shall possess a valid class A or C12 contractor license at the time of bid opening, when the Contract is awarded, and for the duration of the Contract. Failure to possess the 2022 Asphalt Patching Services Contract Page 2 Invitation to Bid January 2022 specified license shall render the bid as non-responsive and shall act as a bar to awarding the contract to any bidder not possessing said license at the time of award. This project is subject to prevailing wage requirements and subject to California labor standards. The general prevailing rate of per diem wages and the general prevailing rate of per diem wages for holiday and overtime work must be paid for the locality in which the work will be performed for each craft, classification, or type of worker needed. The prevailing wages for the work are on file at the DISTRICT’s office and can be found at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Pursuant to Labor Code sections 1725.5 and 1771.1, Section 7029.1 of the Business and Professions Code, and Section 10164 and 20103.5 of the Public Contract Code, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the Bidder’s and its subcontractors’ current registration with the Department of Industrial Relations. Bidder shall certify that Bidder and all listed subcontractors are currently and validly registered with the Department of Industrial Relations and shall include its registration number on its bid. Each Bidder shall provide the registration number for each listed subcontractor in the space provided. If awarded a Contract, the Bidder and its subcontractors of every tier shall maintain active registration with the Department of Industrial Relations for the duration of the Contract. It shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements. All electronic bids shall be accompanied by a bid security amounting to ten percent (10%) of the bid or as detailed in “General Bid Instructions, Terms & Conditions”, “Bid Securities” section of the Contract Documents. The successful bidder will be required to furnish DISTRICT with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California. Notice is further given that, pursuant to Section 22300 of the California Public Contract Code, the contractor is permitted to substitute securities for any moneys withheld by the District to ensure performance under a contract as specified in “General Bid Instructions, Terms & Conditions” Section of the bid/contract documents. All bids are to be submitted only on the forms provided and accompanied by (in addition to the bid security) the non-collusion declaration, list of subcontractors and suppliers, and all other documentation required in the General Bid Instructions, Terms & Conditions Section and Proposal/Bid Forms Section. The District reserves the right to accept or reject any or all bids, to waive any informality in a bid, and to make awards to the lowest responsive, responsible bidder in the best interest of the District. If multiple bid schedules are called for in the Contract Documents, the lowest bid will be determined on the basis of the total bid amount, which is the sum of all bid schedules. Sincerely, South Tahoe Public Utility District Heidi Baugh, Purchasing Agent END OF SECTION TECHNICAL SPECIFICATIONS SCOPE OF WORK SECTION THIS PAGE LEFT INTENTIONALLY BLANK 2022 Asphalt Patching Services Contract Page 1 Technical Specification/Scope of Work January 2022 South Tahoe Public Utility District TECHNICAL SPECIFICATIONS SCOPE OF WORK 2022 ASPHALT PATCHING SERVICES CONTRACT The South Tahoe Public Utility District (District) is requesting bids for asphalt patch paving located in the District’s service areas located in the City of South Lake Tahoe (City) or in the unincorporated areas of El Dorado County (County). The paving are sections that the District has previously repaired with “cold mix” over base material which has been compacted to a minimum of 95%. The contract is for Public Work and all work shall be done at California Prevailing Wages (see Invitation to Bid, and General Bid Instructions, Terms and Conditions Sections). Work is anticipated to begin upon acceptance of Notice to Proceed. At the discretion of the District, paving work may cease on October 15, 2022, but is anticipated to continue as long as weather and governing agencies allow. The District reserves the right to increase the square footage quantities at the stated unit prices listed on the Proposal/Bid Form as additional patches are needed by District for ongoing installations and repairs. All paving services and prices shall include the following: 1. Grinding (the only District-authorized method) to remove cold mix and existing asphalt. 2. Removal and disposal of all excavated material from the patch site. Repair areas shall be left clean of repair debris and material. 3. Base material added or removed and disposed of by contractor to achieve the specified asphalt depth for City, County or Cal-Trans. 4. Re-compaction of base material disturbed during cold mix removal to a minimum of 95% relative compaction. 5. Application of SS-1 emulsion to all exposed edges. 6. All asphalt patch mix for City and County will be PG 64-28 1/2” max medium mix. 7. The minimum placement temperature of asphalt shall be 240 degrees. 8. Additional asphalt patch and paving requirements are included on the Trench and Pavement Details sheet (see Additional Information and Forms Section). 9. For County asphalt patches, install 3” total compacted asphalt. 10. For City and Cal-Trans asphalt patches, install 4” total compacted asphalt. 11. 3” asphalt patches may be installed in one lift, 4” asphalt patches shall be installed in two lifts. 12. In certain locations, mill and overlay of existing roadway will be required and extent of area will be marked in the field. The 2” overlay may vary from 5’ to 15’ in width and shall be feathered on the edge to transition into the existing pavement. 13. All traffic control and signage must conform to Cal-OSHA requirements. 14. Contractor is responsible for knowledge and adherence of all City, County, and Cal-Trans work requirements within the right-of-ways. 15. No patches are to be left open overnight. 2022 Asphalt Patching Services Contract Page 2 Technical Specification/Scope of Work January 2022 16. The Contractor shall not exceed the purchase order and estimated budget without prior District authorization. Contractor will be required to provide invoices for asphalt purchases with invoicing of their services. Contractor invoices will be required to include summary of work completed by proposal item “Patch Square Footage” category sizes, and shall identify the address and size of patch completed. Work and invoices will need to be reviewed and approved by Project Manager prior to invoices being paid. Contractor shall provide separate invoicing for: a) County patching work; and b) City patching work. 17. Contractor will perform work only on Monday through Friday between the hours of 8:00 a.m. to 5:00 p.m. (Additional hours or days may be approved by the District’s Manager of Field Operations or their designee). 18. Contractor will be required to attend a pre-construction meeting with District personnel before start of the work. 19. For patches in the Cal Trans right-of-way, the material shall meet Material Plant Quality Program (MPQP) requirements. Contractor will be required to be licensed by the City of South Lake Tahoe and County of El Dorado and have a minimum of $2,000,000 liability insurance satisfactory to the South Tahoe Public Utility District, County of El Dorado and the City of South Lake Tahoe. Workers compensation insurance, current & appropriate State contractor license (i.e. Class A or C12), and registration with the State of California Department of Industrial Relations are also required. Bidders must not have been debarred from participation in any state, federal or public works project within the last 3 years. Contractor must have two years of experience in working within Public right-of-ways. Bidders must submit a minimum of 3 references of satisfied customers indicating the minimum of two years of experience. The bid award will be based upon price (among other factors) multiplied by the estimated number of various patch sizes anticipated during the contract term. The District will typically ask for service when 8 to 10 patches are needed, however service will be requested individually, when needed, for large patches of ~100 square feet or more, including trench paving. Patching and paving shall be completed within 10 working days after receipt of work order. The District can only estimate quantities and does not make any guarantee for minimum quantities for the contract. This contract is expected to be awarded by the District Board on March 3, 2022. Contractor may proceed with the work after they have attended the Pre-Construction meeting with the District’s project manager, their bonds and insurances are in place and approved by District, and they have received and accepted Notice to Proceed from the District. The Contractor warrants that all Material and Services will conform to applicable descriptions, specifications, and drawings, and will be of good workmanship and free from defect; and will guarantee their Work for a minimum of one year. The District’s inspection, approval, acceptance, use of, or payment for all or any part of the Work in no way affects its warranty rights whether or not a breach of warranty had become evident at the time. Any item not covered under this bid will be considered a change and will be negotiated between the Contractor and the District. END OF SECTION PROPOSAL/BID FORMS SECTION THIS PAGE LEFT INTENTIONALLY BLANK 2022 Asphalt Patching Services Contract Page 1 PROPOSAL/BID FORMS January 2022 BID TO South Tahoe Public Utility District For The 2022 Asphalt Patching Services Contract BID date & Time: February 16, 2022 at 10 o’clock a.m. DOCUMENTS IN THIS SECTION CONSTITUTE THE BID FORMS. BIDDERS ARE TO COMPLETE AND ATTACH THE DOCUMENTS CONTAINED IN THIS SECTION AS INSTRUCTED IN THE “GENERAL BID INSTRUCTIONS, TERMS & CONDITIONS” SECTION, AND SUBMIT THE COMPLETED BID PROPOSAL PACKAGE IN ITS ENTIRETY ELECTRONICALLY PRIOR TO THE BID DEADLINE. BIDDER IS REQUIRED TO SUBMIT THE ORIGINAL DOCUMENTS CONTAINED IN THIS SECTION WITHIN THE TIME STATED IN THE “INVITATION TO BID” AND “GENERAL BID INSTRUCTIONS, TERMS & CONDITIONS”. Name of Bidder: ________________________________________________________ Business Address:_______________________________________________________ EMAIL ADDRESS & Phone No: To South Tahoe Public Utility District: Pursuant to and in compliance with your Invitation to Bid, Bid/Contract Documents, and the other documents relating thereto, the undersigned, Bidder, being fully familiar with the terms and Contract Documents, local conditions affecting the performance of the Contract, the character, quality, quantities, and the Scope of Work, the cost of the Work at the place where the Work is to be done, hereby proposes and agrees to perform within the time stipulated in the Contract, including all of its component parts and everything required to be performed, and to furnish any and all of the labor, material, tools, equipment, transportation, services, permits, utilities, and all other items necessary to perform the Contract and complete in a workmanlike manner, all of the Work required in connection with the construction of said Work, all in strict conformity with the Specifications and other Contract Documents, including Addenda Nos. ________________________, for the prices hereinafter set forth. Bids that are submitted via the District’s electronic bidding system at the time set for opening of Bids shall be irrevocable, and may not be withdrawn for a period of sixty (60) days after the date set for the opening of the bids except as noted in “GENERAL BID INSTRUCTIONS, TERMS & CONDITIONS”, “IRREGULAR BIDS”. ELECTRONIC BID SCHEDULE PRICES: All applicable sales taxes, State and/or Federal and any other special taxes, patent rights, or royalties are included in the prices quoted in this Bid. The quantities specified are the DISTRICT’s estimates and are approximate only, being given as a basis for the comparison of Bids. The DISTRICT does not, expressly or by implication, agree that the actual amount of work will correspond therewith. The total amount bid will be used to determine the lowest, responsive, responsible Bidder. 2022 Asphalt Patching Services Contract Page 2 PROPOSAL/BID FORMS January 2022 The District reserves the right to increase the square footage quantities at the stated unit prices listed on the Proposal/Bid Form as additional patches are needed by the District for ongoing installations and repairs. Payment for each item will be based on the actual quantity of work performed times the item unit contract price. Determinations of the actual quantities and classifications of unit price work performed by the CONTRACTOR will be made by the DISTRICT and may be more or less than the specified, estimated quantities. Unless otherwise indicated, the unit price shall be valid for actual quantities up to 100% more than or less than the bid quantity. All representations made by Bidder in this Bid are made under penalty of perjury. DATED: BIDDER: BY:___________________________ Signature Print Name TITLE: 2022 Asphalt Patching Services Contract Page 3 PROPOSAL/BID FORMS January 2022 BIDDER’S GENERAL NFORMATION: The Bidder shall furnish the following information. Additional sheets to be attached as required. Failure to complete Item Nos. 1 through 10, at the time of bid submittal will cause the bid to be non-responsive and may cause its rejection. No award will be made until all of the Bidder's General Information (i.e., Items 1 through 10, inclusive) is delivered to and accepted by the DISTRICT. (1) Contractor's Name and Address: (2) Contractor's Telephone Number: (3) Contractor's License: Primary Classification State License No. & Expiration Date: Supplemental Classifications held, if any: Name of Licensee, if different from (1) above: (4) Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. Contractor’s DIR Registration Number: (5) Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: (6) Complete and sign the "Noncollusion Declaration" attached as required by California Public Contract Code Section 7106. (7) Complete and include References Listing of satisfied customers that evidences your compliance with District’s requirement that you have two years of experience in working within public right-of-ways. (8) Any EXCEPTION/s to this proposal must be noted here. If no exceptions, state “None: ______________________________________________________________________ ______________________________________________________________________ 2022 Asphalt Patching Services Contract Page 4 PROPOSAL/BID FORMS January 2022 (9) Complete and include list of Sub-contractors Listing. (10) Complete and submit (with all necessary signatures, notarizations, etc.) the Acknowledgment of Insurance Requirements, and Certification by Contractor’s Insurance Broker. Note that Acknowledgement of Insurance Requirements must be executed by contractor; the Certification by Contractor’s Insurance Broker, must be executed by the broker. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK 2022 Asphalt Patching Services Contract Page 5 PROPOSAL/BID FORMS January 2022 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the __________________________ (Position) of ______________________ (Firm), the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________[date], at ________________[city], __________________[state]. _____________________________________________ Signature of Declarer Subscribed and sworn to before me this______ day of ________________, 20______. ___________________________________________________ Signature of Notary Public in and for the County of________________________________ State of_________________________________ 2022 Asphalt Patching Services Contract Page 6 PROPOSAL/BID FORMS January 2022 PAGE LEFT INTENTIONALLY BLANK 2022 Asphalt Patching Services Contract Page 7 PROPOSAL/BID FORMS January 2022 SUBCONTRACTOR LISTING List any Subcontractors that will be used during the Project: (or mark “None”) Contact Name _____________________________________ Phone #____________________ Company Name ____________________________________ Fax #______________________ Address _____________________________________________________________________ Contractor’s License Number _____________________ DIR Registration #________________ Worker Classification/s & percent of work to be completed____________________________ Contact Name _____________________________________ Phone #____________________ Company Name ____________________________________ Fax #______________________ Address _____________________________________________________________________ Contractor’s License Number _____________________ DIR Registration #________________ Worker Classification/s & percent of work to be completed____________________________ Contact Name _____________________________________ Phone #____________________ Company Name ____________________________________ Fax #______________________ Address _____________________________________________________________________ Contractor’s License Number _____________________ DIR Registration #________________ Worker Classification/s & percent of work to be completed____________________________ Contact Name _____________________________________ Phone #____________________ Company Name ____________________________________ Fax #______________________ Address _____________________________________________________________________ Contractor’s License Number _____________________ DIR Registration #________________ Worker Classification/s & percent of work to be completed____________________________ 2022 Asphalt Patching Services Contract Page 8 PROPOSAL/BID FORMS January 2022 REFERENCES LISTING Provide three or more references of customers who have experience with your firm working within the Public right-of-ways. Similar types of jobs with agencies located in California or Nevada are preferred. The District may contact any of the references provided and other agencies or companies for references, and may consider all responses in deciding the bid awardee. Explanation of Job/s ~sq footage Dates of Service Name of Business Address Contact Person Phone # Explanation of Job/s ~sq footage Dates of Service Name of Business Address Contact Person Phone # Explanation of Job/s ~sq footage Dates of Service Name of Business Address Contact Person Phone # Use additional sheets if required or desired COMPLETE & RETURN WITH BID PROPOSAL 2022 Asphalt Patching Services Contract Page 9 PROPOSAL/BID FORMS January 2022 BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT (hereinafter called the Principal), as Principal, and (hereinafter called the Surety), as Surety, are held and firmly bound unto the South Tahoe Public Utility District of El Dorado County, California (hereinafter called the Owner), in the amount of DOLLARS ($ ), for the payment whereof the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a Bid or Proposal to perform the Work required under the bidding schedule(s) of the Owner’s Contract Documents entitled 2022 Asphalt Patching Services Contract. NOW, THEREFORE, if said Principal is awarded a contract by said Owner and, within the time and in the manner required in the “Invitation to Bid” and the “General Bid Instructions, Terms & Conditions” enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required certificates of insurance and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect.. FURTHERMORE, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of such changes. In the event suit is brought upon this bond by said Owner and Owner prevails, Surety shall pay all costs incurred by said Owner in such suit, including attorney’s fees and costs. IN WITNESS WHEREOF, the said Principal and Surety do sign this instrument, this _____ day of _______________, 20____. Principal Surety By By Address Address Phone IMPORTANT: Surety companies executing bonds must be authorized to transact business in the State of California. NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto 2022 Asphalt Patching Services Contract Page 10 PROPOSAL/BID FORMS January 2022 STATE OF CALIFORNIA ) ) SS. COUNTY OF __________________ ) On _________________________ before me, ___________________________, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument as the representative of the Surety acknowledged to me that he/she executed the same in his/her authorized capacity, and subscribed the name of the _______________________ (Surety) thereto and his/her own name as the representative of the Surety. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________ Notary Public in and for said State (SEAL) Commission expires: __________________ NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 2022 Asphalt Patching Services Contract Page 11 PROPOSAL/BID FORMS January 2022 ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS This Document Must Be Fully Executed By Contractor and Submitted With The Bid The following insurance requirements have been adopted by The South Tahoe Public Utility District hereinafter designated the "OWNER," and shall be applicable to this Contract. Insurance Requirement Summary The CONTRACTOR shall furnish, prior to Notice to Proceed, Insurance Certificates and Endorsements as set forth in “General Bid Instructions, Terms & Conditions”; no other insurance documents shall be accepted in substitution of, nor in addition to, those set forth therein. Insurance requirements and coverage will be in accordance with “General Bid Instructions, Terms & Conditions”, “Insurance”. The CONTRACTOR shall not commence work under this Contract until all insurance required under this heading is obtained in a form acceptable to OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on a subcontract until all insurance required of the Subcontractor has been obtained. I, , the (Insert Title) of (Name of Company or Corporation or Owner) certify that the “Insurance” section has been read and understood and that as a material consideration of our bid, we are able to provide the document and coverage specified. Signature of President, Secretary, Manager, Owner, or Representative Date: 2022 Asphalt Patching Services Contract Page 12 PROPOSAL/BID FORMS January 2022 THIS PAGE INTENTIONALLY LEFT BLANK 2022 Asphalt Patching Services Contract Page 13 PROPOSAL/BID FORMS January 2022 CERTIFICATION BY CONTRACTOR'S INSURANCE BROKER This Document Must be Fully Executed By Contractor's Insurance Broker and Submitted With the Bid I, ______________________________________________, am an authorized representative of (Individual’s name and brokerage name) _______________________________________________. This company is the insurance (Insurance Company) broker for ___________________________________ (“Contractor”). (Contractor) By my signature below, I hereby attest to the following: 1. I have reviewed the insurance requirements for the South Tahoe Public Utility District’s 2022 Asphalt Patching Services Contract including the requirements set forth in “General Bid Instructions, Terms & Conditions”, “Insurance” section of the Contract Documents. 2. The Contractor is eligible to be insured for the policies necessary to satisfy the insurance requirements for the Project. This certification is not intended to be binding of coverage and does not modify and/or alter the terms and conditions of the insurance policies issued to Contractor. Date:______________________ ___________________________________ (Signature of authorized representative) State of California ) ) ss. County of ) On ________________ before me, ___________________________________, personally appeared ________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 2022 Asphalt Patching Services Contract Page 14 PROPOSAL/BID FORMS January 2022 THIS PAGE INTENTIONALLY LEFT BLANK 2022 Asphalt Patching Services Contract Page 15 PROPOSAL/BID FORMS January 2022 PROPOSAL/BID FORM FOR SOUTH TAHOE PUBLIC UTILITY DISTRICT 2022 ASPHALT PATCHING SERVICES CONTRACT Quantities are District’s estimates and are approximate only, being given as a basis for the comparison of Bids. Bid Item Description Est. Qnty Est. Total Square Feet Unit Price Extended Amount County Asphalt Patches 1 Three-inch (3”) thick Asphalt patches from 1 to 40 square feet 17 692 /SF $ 2 Three-inch (3”) thick asphalt patches 41 to 100 square feet 7 490 SF /SF $ 3 Three-inch (3”) thick asphalt patches from 101 to 200 square feet 16 3,200 SF /SF $ 4 Three-inch (3”) thick asphalt patches from 201 to 500 square feet. 12 6,000 SF /SF $ 5 Three-inch (3”) thick asphalt patches from 501 square feet and greater 5 2,750 SF /SF $ City Asphalt Patches 6 Four-inch (4”) thick asphalt patches from 1-40 square feet 16 924 SF /SF $ 7 Four-inch (4”) thick asphalt patches from 41-80 square feet 34 2,720 SF /SF $ 8 Four-inch (4”) thick asphalt patches from 81-100 square feet 7 2,700 SF /SF $ 9 Four-inch (4”) thick asphalt patches from 101-200 square feet 14 2,850 SF /SF $ 10 Four-inch (4”) thick asphalt patches from 201 square feet and greater 5 1,947 SF /SF $ Other Costs 11 Two-inch (2”) Mill and Overlay 10,000 SF /SF 12 Curb & Gutter Replacement 60 LF /LF 13 Adjust G5 valve boxes to grade 20 EACH /EA $ 14 Flagger cost per person 30 Hours _____/Hour $ TOTAL BID (Items 1-14): $ The Total Bid shall be generated from the above bid items by adding together the Extended Amount for each bid item, in accordance with the requirements of the General Bid Instructions, Terms & Conditions section. The sum of all the bid item extended amounts shall be the bidder’s bid. 2022 Asphalt Patching Services Contract Page 16 PROPOSAL/BID FORMS January 2022 The District reserves the right to increase the square footage quantities at the stated unit prices listed on the Proposal/Bid Form as additional patches are needed by the District for ongoing installations and repairs. END OF SECTION GENERAL BID INSTRUCTIONS TERMS & CONDITIONS SECTION THIS PAGE LEFT INTENTIONALLY BLANK 2022 Asphalt Patching Services Contract Page 1 General Bid Instructions, Terms & Conditions January 2022 SOUTH TAHOE PUBLIC UTILITY DISTRICT GENERAL BID INSTRUCTIONS, TERMS & CONDITIONS This Section Includes: Procedures with which bidders and proposers must comply, and conditions affecting award of Contract. GENERAL DEFINITIONS Award: The formal acceptance of the Bid and other executed Bid Forms by the District. Bid: The price proposed by Bidder in the Bid Schedule, completed on the Bid Forms Section, for performance of the Work. Bid Schedule: The table containing the Line Items in the Bid Forms Section of the contract documents; and also, the “Line Items” tab of the District’s electronic bidding system. Bidder: Any individual, firm, partnership or corporation submitting a bid for the work contemplated and acting directly or through a duly authorized representative. Contract Documents: Includes Invitation to Bid; Technical Specifications; Proposal/Bid Forms; General Bid Instructions, Terms & Conditions; Additional Information and Forms; and Addenda. District: The South Tahoe Public Utility District may also be referred to as the Owner and/or STPUD. Subcontractors: The term “Subcontractor”, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked and would be considered a supplier only. Successful Bidder: The Bidder to whom the District makes the award of the Contract for performance of the Work. Work: All the work specified, indicated, shown or contemplated in the Contract to construct the improvements, including all alterations, amendments or extensions thereto made by Contract Change Order or other written orders of the District. PROCEDURES EXAMINATION OF DOCUMENTS, SITE AND CONDITIONS Before submitting a bid, bidders shall carefully examine and be thoroughly familiar with the Contract Documents, visit the site of work, fully inform themselves as to all existing conditions and limitations, review those documents included in this Contract Documents package, and shall include sums in the bid covering the cost of each item included in the Contract. Only the Contract Documents shall be relied upon for execution of Bids and other Bid Forms. Unless corroborated by the Contract Documents, statements or representations regarding the Work made prior, during, or after bidding by the District, will not be binding and shall not be considered by Bidders for preparation of Bids. The District will not be responsible for explanations or interpretations of the Contract Documents other than those issued by Addenda. Complete sets of Contract Documents shall be used by Bidders (and their respective subcontractors) to prepare Bids. The District assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. Submission of a Bid shall be considered prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as 2022 Asphalt Patching Services Contract Page 2 General Bid Instructions, Terms & Conditions January 2022 to the requirements of Contract Documents. The failure or neglect of a bidder to make such examinations shall in no way relieve the Bidder from any obligations with respect to its bid or to the Contract Documents. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any provision of the Contract Documents. ELECTRONIC BIDDING Bid documents may be obtained by visiting the District’s website at http://www.planetbids.com/portal/portal.cfm?CompanyID=21516 which can be reached by selecting “NOTICE INVITING BIDS (Planetbid-Portal)” on the STPUD website https://stpud.us/doing-business/purchasing-bids/. Prime Bidders are advised that proposed subcontractors should obtain their own sets of Contract Documents from the District website so that they will be placed on the District’s email list for addenda. The District will not be responsible for sending addenda to any person not listed on the prospective bidder list. https://stpud.us/doing-business/purchasing-bids/ For a bid to be considered responsive it must include the following parts, all submitted electronically through the online bidding system prior to the exact date and time set forth in the Invitation to Bid. Forms may be submitted as a single electronic file, or separate files, at the Contractor’s discretion within the constraints of the electronic bidding system, but all parts must be present. 1) Electronic Bid Schedule consisting of the table in the “Line Items” tab for the project on the electronic bidding system. A copy of the Bid Schedule is included in the Contract Documents, Proposal/Bid Forms Section, for reference only and need not be filled out. 2) In the Proposal/Bid Forms section – all forms provided (excepting the sample bid schedule) shall be completed in their entirety, including the Bid Security and long-hand signature of bidder. Bid Forms may be printed, completed and scanned for submission, but shall not be altered or modified from their original form. Bidders are responsible for submitting and having their bids accepted by the electronic bidding system before the closing time set forth in the Invitation to Bid or as changed by addenda. NOTE: Pushing the submit button on the electronic bid system may not be instantaneous; it may take time for the Bidder’s documents to upload and transmit before the bid is accepted. It is the Bidder’s sole responsibility to ensure their documents are uploaded, transmitted and arrive in time electronically. The District will have no responsibility for bids that do not arrive in a timely manner, no matter what the reason. The electronic bid system will close exactly at the date and time set forth in the Invitation to Bid or as changed by addenda. For Bids to receive consideration, they shall be made in accordance with the following instructions: 1) Bidder will be required to download all contract documents, including but not limited to the Bid Forms, Bid Documents (Invitation to Bid; Technical Specifications; Proposal/Bid Forms; General Bid Instructions, Terms & Conditions; Additional Forms and Information, and Addenda) prior to submitting a bid. 2) All notations in the bid must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in with ink adjacent thereto, and must be initialed in ink by the person or persons signing the bid. All bids shall be made in accordance with applicable statues of the State of California including, but not limited to, the California Government, Labor and Public Contract Codes, applicable local laws, and as specified in these Contract Documents. Bid prices shall include everything necessary for the completion of the Work and fulfillment of the Contract including, but not limited to, furnishing all materials, equipment, tools, and other facilities and all management, superintendents, labor and services, except as may be provided otherwise 2022 Asphalt Patching Services Contract Page 3 General Bid Instructions, Terms & Conditions January 2022 in the Contract Documents. Bid prices shall include all applicable federal, state, and local sales and use taxes. Bidder must complete the “Exceptions” section of the “Proposal/Bid Forms” stating that their proposal contains no exceptions or deviations, or which lists the exceptions and deviations (regardless if the information is presented elsewhere in their proposal). If a bidder does not have enough space in the Exceptions section, they may list all or their remaining exceptions and deviations in an attachment clearly marked Exceptions. Exceptions that are not obvious will not be accepted--the bid documents will prevail as to specifications and terms and conditions of the contract. Any explanation or alternatives offered shall be submitted in the Exceptions section on the Proposal form or in a letter attached to the bidding documents and must be clearly indicated as an exception to the bid. Alternatives which do not substantially comply with the District’s specifications will not be considered. Language of negation or limitation of any rights, remedies, or warranties provided by law will not be considered part of the bid. Bids offered that are subject to conditions or limitations may be rejected. SIGNING THE BID FORM The bid shall: 1. Include the legal name of the bidder. 2. Be signed by the person or persons legally authorized to bind the bidder to a contract for the execution of the Work. 3. Include a list of subcontractors. A bid submitted by an agent shall have a valid Power of Attorney (Bid Certificate) attached certifying the agent's authority to bind the bidder. The signature of all persons signing shall be in longhand. BID SECURITY Each bid shall be accompanied by a bid security in the form of: (a) cash, (b) certified check made payable to the District; (c) a cashier’s check made payable to the District; or (d) a bid bond payable to the District, executed by the bidder as principal and surety as obligor in an amount not less than ten percent (10%) of the maximum amount of the Bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be a California admitted surety insurer, as defined in the Code of Civil Procedure Section 995.120. The check or bond shall be given as a guarantee that the bidder, if awarded the Contract, will promptly execute such Contract in accordance with the Bid and in manner and form required by these Contract Documents and will furnish the specified bonds. In the event a bond is submitted, the bond shall be signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The amount so posted shall be forfeited to said District in case the bidder depositing the same does not, within seven (7) days after written notice that the contract has been awarded to him execute the agreement, provide the required insurance submittals, secure payment of workman’s compensation insurance, furnish a satisfactory performance bond in the amount of one hundred percent (100%) of the total bid price, and furnish a satisfactory payment bond in the amount of one hundred percent (100%) of the total bid. Each Bidder shall be required to submit a copy of their bid security when submitting their electronic bid. The hard copy original bid security (in the acceptable forms listed above) MUST be delivered to the District Office by the date and time specified in the Invitation to Bid. An 2022 Asphalt Patching Services Contract Page 4 General Bid Instructions, Terms & Conditions January 2022 electronic bid not accompanied by a copy of (a) cash, (b) certified check made payable to the District; (c) a cashier’s check made payable to the District; or (d) a bid bond payable to the District may be rejected. Retention of bid security: 1) The bid securities of the three lowest bidders will be retained until the Contract is awarded and signed and satisfactory bonds furnished, or other requirements completed to the reasonable satisfaction of the District. 2) The bid securities of all bidders will be returned within 60 days. AWARD OR REJECTION OF BIDS The District reserves the right to accept or reject any or all Bids when deemed best for the public good, and to waive any Bid informality, irregularity, and nonconformity when deemed best for the public good. 1) Bids shall be evaluated, in part, based on meeting the requirements of the Contract Documents. Bids that do not meet the requirements of said Contract Documents may be deemed non-responsive and rejected by the District. When Bids are not rejected, the Contract will be awarded to the lowest responsive responsible Bidder. 1) The low Bid will be the Bid with the lowest net total arrived at by combining the Bid lump sum prices and unit prices for the Bid Items on the Bid Schedule. 2) If alternate bid items are called for in the Contract Documents, then consideration for alternatives in determining the low bid shall be as set forth in the Invitation to Bid. 3) When award is made, Notice of Award will be sent to the selected Bidder electronically, or as otherwise agreed upon between Successful Bidder and District. The award, when made, will be made within the time stipulated for Bids to remain subject to acceptance in the Proposal/Bid Forms Section. NOTICE OF AWARD Acceptance of Award: The acceptance of the Notice of Award must be executed and returned to the District within five (5) business days of the date of the Notice of Award. Required Bonds: The successful bidder, upon Notice of Award, is required to execute the contract and furnish the required bonds, in the form required by the District, and evidence of insurance, within fifteen (15) calendar days from the date of the notice. Presumption of Satisfactory Qualifications of Surety: The surety insurer shall be a California admitted surety insurer, as defined in the Code of Civil Procedure Section 995.120. All bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act. Insurance Endorsement: Successful Bidder shall furnish the insurance documents identified below. The Contract shall not become effective until such insurance documents have been supplied to and accepted by the District. No other insurance documents shall be accepted in substitution of, nor in addition to, those specified in these bid documents. Examination of Forms: The forms of Contract, which the successful bidder as Contractor will be required to execute, and the forms of bonds which he will be required to furnish, shall be carefully examined by the bidder. 1) Such forms are included in this Contract Documents package (see Additional Information & Forms). The Contract will be executed in two (2) original counterparts. 2022 Asphalt Patching Services Contract Page 5 General Bid Instructions, Terms & Conditions January 2022 EXECUTION OF CONTRACT The Notice of Award will be issued by the District to the successful bidder and will indicate the time schedule for execution of the Contract. 1) The Contract package will be emailed with the Notice of Award. Acceptance of Award will be returned to the South Tahoe Public Utility District within five (5) days of award. 2) The Contract and all required related documents including the Performance Bond, Payment Bond, insurance submittals and other required documents, as described in the Contract Documents shall be executed, completed, and delivered to the South Tahoe Public Utility District, not later than 4:30 PM on the fifteenth (15) calendar day following the Notice of Award of the Contract. In the event the documents submitted do not meet the requirements of the District, District staff will notify the bidder, by telephone and/or email, as to how the documents are insufficient, or incomplete, and the bidder shall have five (5) business days, from the phone call/email to remedy such insufficient or incomplete documents. In the event the bidder fails to remedy insufficient or incomplete documents within five (5) business days or the bidder fails to submit the documents within the time limitation described in preceding paragraph then the bidder may be considered to have defaulted and would thus have no further rights under and by virtue of the award of the contract. If the bidder is found to have defaulted, then: 1) The District may award the contract to the next lowest, responsive, responsible bidder or rebid the project as determined by the District in its sole discretion; and 2) Upon default of the bidder the District shall have the right to collect the bid security. NOTICE TO PROCEED Upon providing the District the executed contract, evidence of insurance and bonds, in compliance with the Contract Documents, the District will issue a Notice to Proceed. Acceptance of notice shall be signed within fifteen (15) calendar days from the date of the Notice to Proceed and returned to the District. No work shall proceed until said acceptance is signed and timely received by the District. All commitments, subcontracts, and materials ordered until the acceptance is received shall be at risk of Bidder. CONTRACT TIME District’s intent is that Successful Bidder will perform the patch paving Work starting on or about May 1, 2022. At the discretion of the District, paving work may cease on October 15, 2021, but is anticipated to continue as long as weather and governing agencies allow. District anticipates issuing the Notice to Proceed on or about March 21 with actual work activities to begin on or about May 1, 2022. Extensions to the Contract Time may be allowed in accordance with these Contract Documents. CONDITIONS AND INSTRUCTIONS EXPERIENCE AND BUSINESS STANDING Qualification of Bidders: Each Bidder shall possess a contractor’s license for the type of work required on this Contract, issued by the California Contractors State License Board, valid at the time of bid and time of award of Contract and for the duration of the Contract. Likewise, specialty subcontractors may also be required to possess a contractor’s license for the type(s) of work required on this Contract. The class of license shall be as specified in the Invitation to Bid. Each Bidder shall also have no less than two (2) years’ experience in the magnitude and character of 2022 Asphalt Patching Services Contract Page 6 General Bid Instructions, Terms & Conditions January 2022 the work being bid. Each Bidder shall have successfully completed no less than three (3) similar type projects of the same or larger capacity. Debarred Contractors: In accordance with the provisions of the Labor Code, contractors or sub-contractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Experience Statement: The District may require that Bidders under consideration for award of the Contract submit a statement setting forth that bidder’s experience. 1. Along with this statement, each bidder shall list similarly constructed projects showing total project costs, when constructed, and the names, addresses, and phone numbers of the owners. COPIES AND USE OF BIDDING DOCUMENTS Contract Documents may be obtained as identified in the Invitation to Bid. Contract Documents are made available to Bidders for the purpose of obtaining Bids for performance of the Work. No license or grant is given for other uses of the Contract Documents. INTERPRETATION OF CONTRACT DOCUMENTS Questions: If any bidder contemplating submitting a bid does not understand any part of the Contract Documents or finds discrepancies in or omissions from the Contract Documents, that bidder shall submit to the District a written request for an interpretation or correction by the means specified in the Invitation to Bid. Interpretations or Corrections: Interpretation or correction of the Contract Documents will be made only by Addendum duly issued and a copy of such Addendum will be distributed via the electronic bidding system. 1) The District will not be responsible for any other explanations or interpretations of the Contract Documents. Documents to Rely Upon: Only the Contract Documents and Addenda shall be relied upon for preparation of Bids. Statements or representations made by or on behalf of the District regarding the Work prior, during, or after the bidding will not be binding upon the District. QUESTIONS DURING BID PERIOD Questions regarding the Contract Documents and bidding procedures shall be submitted as identified in the Invitation to Bid. The request for clarification or interpretation shall be dated and shall identify (1) the Work, (2) the statement or the drawing that is in question, (3) the documents in which they occur, (4) the reasons for which the clarification or interpretation is necessary, and (5) the name and title of the person submitting the request. Clarifications, interpretation, and correction to Contract Documents will be issued only by Addendum, as set forth below. ADDENDA A notice that an addendum has been issued will be distributed via email to persons, firms and corporations registered as Vendors and perspective bidders for the project on our electronic 2022 Asphalt Patching Services Contract Page 7 General Bid Instructions, Terms & Conditions January 2022 bidding system. Copies of all addenda must be downloaded from our electronic bidding system before a bidder can submit a bid. Addenda issued during the time of bidding shall be covered in the bid and shall become a part of the Contract Documents. Bidders shall acknowledge receipt of any and all addenda in their bid. In accordance with Public Contract Code §4014.5, if an addendum includes material change to the project and is issued less than 72 hours before the bid date, the District must extend the deadline for the submission of bids. The District reserves the right to determine in its sole discretion whether an addendum includes material changes to the project. It is the Bidder’s responsibility to determine that they have received any and all Addenda prior to bidding. The bidder is advised to contact the District prior to the bid opening to confirm that all Addenda have been received. BIDDERS INTERESTED IN MORE THAN ONE BID Interest in More Than One Bid: No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for. 1) A person, firm, or corporation who has submitted a sub-bid to a bidder, or who has quoted prices on materials to a bidder, is not disqualified from submitting a sub-bid or quoting prices to other bidders. Rejection in Case of Collusion: 1) Reasonable grounds for believing that any bidder is interested in more than one bid for the same work, will cause the rejection of all bids for the Work in which such a bidder is interested. 2) Any or all bids will be rejected, in the sole discretion of the District, if there is reasonable grounds for believing that collusion exists among any of the bidders. Noncollusion Declaration: Pursuant to provisions in Section 7106 of the State of California Public Contract Code, bidders shall submit with their bids the notarized Noncollusion Declaration executed in the form included with the bid documents. SUBCONTRACTORS Bidders shall list, in Proposal/Bid Forms Section, the name, location of place of business, and the portion of the Work which will be performed by each Subcontractor who will furnish work or labor or render services to Bidder, as CONTRACTOR, in or about the Work, in an amount in excess of 0.5 percent of Bidder's total Bid. Circumventing by Bidder of the requirement to list subcontractors by the device of listing one subcontractor who will in turn sublet portions constituting the majority of the work covered by this Contract shall be considered a violation of the California Subletting and Subcontracting Fair Practices Act, Division 2, Part 1, Chapter 4 of the California Public Contract Code and shall subject CONTRACTOR to the penalties set forth in Sections 4110 and 4111 of said Code. Substitutions of subcontractors identified in the List of Subcontactors shall be granted only for those reasons allowed by the Public Contract Code §4107.5. The procedures for substitution shall be as provided in said Public Contract Code §4107.5. 2022 Asphalt Patching Services Contract Page 8 General Bid Instructions, Terms & Conditions January 2022 Debarred subcontractors may not bid on the Project. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the District. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. The District reserves the right to approve all subcontractors. Such approval shall be a consideration to the awarding of the Contract and unless notification to the contrary is given to the Contractor prior to the signing of the Contract, the list of subcontractor which is submitted with his proposal will be deemed to be acceptable. WORKERS’ COMPENSATION REQUIREMENTS The Bidder should be aware that in accordance with Section 3700 of the California Labor Code, the Bidder will, if awarded a Contract, be required to secure the payment of compensation to its employees and execute the workers’ compensation certificate in the form contained in these Contract Documents. CONFINED SPACE ENTRY Pursuant to the provisions in General Industry Safety Orders, Article 108 (Title 8, CCR, Section 5156 et seq.) (CALOSHA), each bid submitted in response to Invitation to Bid, shall contain adequate procedures, methods and personnel to complete confined space entry. IRREGULAR BIDS Bids may be considered irregular and may be rejected as non-responsive by the District if they show any alterations of form, unauthorized additions, unauthorized conditional or alternate bids, incomplete bids, recapitulations, unbalanced prices, erasures, or irregularities of any kind. No bid will be considered unless accompanied by the Bid Security in the required type and amount. No oral, telegraphic, telephonic, or modified bid will be considered. WITHDRAWAL OF BID Prior to Bid Opening: Any bidder may withdraw its bid, either personally or by telegraphic or written request received by the District at any time prior to the scheduled closing time for receipt of bids. After Bid Opening: A bidder may withdraw its bid after the opening of bids providing the bidder can establish to the District's satisfaction that a mistake was made in preparing the bid as provided in the California Public Contracts Code. 1) A bidder desiring to withdraw its bid shall give written notice to the District within five (5) business days after opening of bids specifying in detail how the mistake occurred and how the mistake made the bid materially different than it was intended. 2) Withdrawal will be permitted for mistakes made in filling out the bid and will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of Work or in reading the Contract Documents. 2022 Asphalt Patching Services Contract Page 9 General Bid Instructions, Terms & Conditions January 2022 BIDDING PROTEST PROCEDURES Time for Submitting Protests: A protest regarding Bid opening procedures, Bids, or the selection of the Successful Bidder shall be submitted in writing, by the protesting Bidder to the District, so that the protest is received by the District within 7 calendar days after Bid opening. Protests shall include a clear detail of the reason for the protest and the remedies sought by the Bidder submitting the protest. The District will issue a response within 7 calendar days after receipt of a protest. As condition precedent for litigation on matters covered under this sub-section, Bidder shall have filed a protest and allowed time for the District’s response in accordance with the three immediately-preceding paragraphs. These bidding protest procedures are also posted on the District’s website at the following address: https://stpud.us/doing-business/construction-projects/construction-project-bids/ CONSTRUCTION SCHEDULE AND SCHEDULE OF VALUES If requested by District, the bidder selected by the District shall be required to prepare and submit a work schedule within ten (10) days after execution of the Contract which will show the dates and locations of work to be completed. Contractor shall review and, if necessary, revise the progress schedule at least once a month and in any event shall submit a current schedule to the Project Manager at his request at any time during the contract period. CALIFORNIA STATE REQUIREMENTS & LABOR CODE This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). Contractors working for the South Tahoe Public Utility District are required to comply with the California Labor Code, Article 2, Section 1770 through 1784 inclusive and Article 5, Section 1810 through 1861 inclusive. (Laws and Regulations governing the payment of prevailing wages.) The Contractor and each subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed. 2022 Asphalt Patching Services Contract Page 10 General Bid Instructions, Terms & Conditions January 2022 The payroll records shall be certified, available for inspection, and furnished to the State Labor Commissioner as prescribed in Section 1776 of the Labor Code. The Contractor shall be responsible for the compliance with these requirements by all subcontractors. Penalties for noncompliance can include daily dollar forfeitures for each worker which may be deducted from any moneys due the Contractor. Contractor will post a copy of the determination of prevailing rates at the job site/s; and will promptly notify the District in writing of any classifications of labor not listed in the prevailing wage determination but Contractor will post a copy of the determination of prevailing rates at the job site/s; and will promptly notify the District in writing of any classifications of labor not listed in the prevailing wage determination but necessary for the performance of the work. Copies of the prevailing rate of per diem wages are available at the following site https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm or may be accessed via a CD file at the District office. SAFETY General – The Contractor shall be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to all applicable Federal, State, and local laws, ordinances, and codes, and to the rules and regulations established by the California Occupational Safety and Health Administration, and to other rules of law applicable to the work. The services of District staff in conducting construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's work methods, equipment, bracing or scaffolding or safety measures, in, on, or near the construction site, and shall not be construed as supervision of the actual construction nor make the District responsible for providing a safe place for the performance of work by the Contractor, Subcontractors, or suppliers, or for access, visits, use work, travel, or occupancy by any person. All work and materials shall be in strict accordance with all applicable State, Federal, and local laws, rules, regulations, and codes. Nothing in this Contract is to be construed to permit work not conforming to governing law. When Contract Documents differ from governing law, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where vapor-tight or explosion-proof electrical installation is required by law, this shall be provided. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the District’s Governing Board’s choosing), indemnify and hold harmless the District, its Board, members of the Board, officers, agents, employees, volunteers, and consultants, and each of them from and against: A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any 2022 Asphalt Patching Services Contract Page 11 General Bid Instructions, Terms & Conditions January 2022 negligence of the District, its Board, members of the Board, officers, agents, employees, volunteers, or consultants (including passive negligence), except the sole negligence or willful misconduct or active negligence of the District or its Board, members of the Board, officers, agents, employees, volunteers, or consultants. B. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements. C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor. D. Any and all losses, expenses, damages (including damages to the work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. E. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with counsel of the District’s Governing Board’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the District, its Board, members of the Board, officers, agents, employees, volunteers, and consultants. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the District, its Board, members of the Board, officers, agents, employees, volunteers, and consultants, in any such suit, action or other legal proceeding. The only limitations on this provision shall be those imposed by Civil Code section 2782. INSURANCE The Contractor shall maintain the following insurance during the performance of all Work under this Contract. A. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $2,000,000 aggregate (if used) for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01). Policies shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or CG 21 39); (2) cross-liability for claims or suits by one insured against another; or (3) severability of interest. The general liability coverage shall: 1. Name South Tahoe Public Utility District, its Board, members of the Board, officers, agents, employees, volunteers, and consultants, City of South Lake Tahoe, County of El Dorado and each of their officers, elected officials, and employees (including without limitation permanent, temporary and contract employees) as additional insureds using ISO endorsement CG 20 10, CG 20 33, CG 20 38, or endorsements providing the exact same coverage for on-going operations and CG 20 37, or an endorsement providing the exact same coverage for completed operations. Additionally, should the jurisdiction in which the Project is being 2022 Asphalt Patching Services Contract Page 12 General Bid Instructions, Terms & Conditions January 2022 constructed call for additional insurance requirements, including but not limited to, being named as an additional insured, it is the contractor’s sole responsibility to comply with those requirements at no additional cost to the District. 2. Be primary and non-contributory using ISO endorsement CG 20 01 or an endorsement providing the exact same coverage. Any insurance, self-insurance, or other coverage maintained by the District shall not contribute to it. 3. Contain a waiver of transfer of rights of recovery (subrogation) using ISO endorsement CG 24 04 or an endorsement providing the exact same coverage naming South Tahoe Public Utility District, its Board, members of the Board, officers, agents, employees, volunteers, and consultants. B. Automobile Liability Insurance including coverage for owned, non-owned and hired vehicles (Coverage Symbol 1, any auto) of at least $2,000,000 per occurrence for bodily injury and property damage, at least as broad as Insurance Services Office Form Number CA 00 01; 1. The South Tahoe Public Utility District, the design engineer(s), any independent engineer and its consultants, City of South Lake Tahoe, County of El Dorado and each of their officers, elected officials, and employees (including, without limitation permanent, temporary and contract employees) shall be covered as additional insured, utilizing ISO form CA 20 48 02/99 Designated Insured, or its equivalent approved by the District. C. Workers’ Compensation (statutory limits) and Employer's Liability Coverage of at least $2,000,000 per occurrence. The Workers’ Compensation and Employer’s Liability Coverage shall contain a waiver of transfer of rights of recovery (subrogation) using ISO endorsement WC 04 03 or an endorsement providing the exact same coverage naming South Tahoe Public Utility District, its Board, members of the Board, officers, agents, employees, volunteers, and consultants. Insurance carriers shall have not less than an “A-” Financial Strength Rating and Financial Size Category of not less than “Class VII” according to the latest Best Key Rating Guide unless otherwise approved by the District. Notwithstanding the minimum limits set forth in this section, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds. Defense costs shall be paid in addition to the limits. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the District, its Board, members of the Board, officers, agents, employees, volunteers, or consultants. Contractor shall pass down the insurance obligations contained herein to all tiers of sub-contractors working under this Contract. At the option of the Contractor, evidence of coverage and limits may be furnished by an umbrella or excess liability policy certificate in addition to the previously listed policies. Contractor shall submit documentation stating exact limits of coverage and exclusions, if any. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the District indicating that such coverage is subject to the same terms and conditions as the underlying liability policy. 2022 Asphalt Patching Services Contract Page 13 General Bid Instructions, Terms & Conditions January 2022 The Contractor's insurance shall apply separately to each additional insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. If any of the required coverages expire during the term of this Contract, the Contractor shall deliver the renewal certificate(s), including all endorsements, to the District prior to the expiration date. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage, or reduced in limits by either party (Contractor or Insurance Company) except after thirty (30) days' prior written notice by Certified Mail, return receipt requested, has been given to District. Certificates of insurance and policy endorsements shall be filed with and approved by the District prior to Work commencing. Contractor shall furnish to District original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The District reserves the right to obtain complete, certified copies of all required insurance policies or policy declarations page and/or endorsement page showing all policy endorsements. Upon request by the District, the Contractor's insurer shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. Nothing contained in these insurance requirements is to be construed as limiting the liability of the Contractor or the Contractor’s sureties, or any Subcontractors. All self-insured retentions must be declared and approved in writing by the District. At the option of the District, either the insurer shall reduce or eliminate such self-insured retentions as respects the District, its Board, members of the Board, officers, agents, employees, volunteers, and consultants, and other additional insureds, or, the Contractor shall provide a financial guarantee satisfactory to the District guaranteeing payment of losses and related investigations, claim administration, and defense expenses. GUARANTEE Contractor unconditionally guarantees all materials and workmanship furnished hereunder, and agrees to replace at his sole cost and expense, and to the satisfaction of the District, any and all materials which may be defective or improperly installed. The Contractor shall repair or replace to the satisfaction of the District any or all such work that may prove defective in workmanship or materials, ordinary wear and tear excepted, together with any other work which may be damaged or displaced in so doing. All work or materials which have been rejected shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no additional compensation will be allowed for such removal, replacement, or remedial work. The Contractor must commence warranty repairs within ten (10) days after receiving written notice from the District. In the event of failure to complete such repairs within a reasonable time, the District is authorized to have the defect repaired and corrected at the expense of the Contractor who will pay the costs and charges therefor immediately upon demand, including any reasonable management and administrative costs, engineering, legal and other consultant fees incurred to enforce this section. The signing of the Contract by the Contractor shall constitute execution of the above guarantees. The guarantees and warranties shall remain in effect through the one-year maintenance warranty period. 2022 Asphalt Patching Services Contract Page 14 General Bid Instructions, Terms & Conditions January 2022 FORCE MAJEURE Neither party shall be deemed to be in violation of this contract if it is prevented from performing any of its obligations under this contract due to strikes, failure of public transportation, civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God, including, without limitation, earthquakes, floods, winds, or storms. In such an event, the intervening cause must not be through the fault of the party asserting such an excuse, and the excused party is obligated to promptly perform in accordance with the terms of this contract after the intervening cause ceases. DEFAULT BY BIDDER In the case of default by the Contractor, the District may procure services and/or articles from other sources and may deduct from any monies due, or that thereafter become due to Contractor, the difference between the price named in the contract or the purchase order and the actual cost thereof to the District. If no monies thereafter become due, Contractor shall pay to the District said price difference. Prices paid by the District shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the District. District at its sole option may terminate the contract in the case of default by the Contractor, upon written notice to the Contractor and Contractor shall have no claim against the District, except for monies due for services performed before said termination, less any difference provided above. CHANGES IN PURCHASE ORDER/CONTRACT No changes may be made in the purchase order/contract without written authorization of the District Purchasing Agent. GOVERNING LAW This contract shall be construed and interpreted according to the laws of the State of California. END OF SECTION 2022 Asphalt Patching Services Contract Page 1 Additional Information and Forms January 2022 South Tahoe Public Utility District 2022 ASPHALT PATCHING SERVICES CONTRACT ADDITIONAL INFORMATION and FORMS This section contains additional information and contract forms to assist Bidders in providing their bid proposal to the District for the 2022 Asphalt Patching Services Contract. Included in this section: • Formal Contract • Bond Forms o Performance Bond o Payment Bond • City Patch Pave List • County Patch Pave List • Patching Details 2022 Asphalt Patching Services Contract Page 2 Additional Information and Forms January 2022 PAGE LEFT INTENTIONALLY BLANK 2022 Asphalt Patching Services Contract Page 3 Additional Information and Forms January 2022 Contract 2022 Asphalt Patching Services Contract Page 4 Additional Information and Forms January 2022 THIS PAGE LEFT INTENTIONALLY BLANK 2022 Asphalt Patching Services Contract Page 5 Additional Information and Forms January 2022 FORMAL CONTRACT This Contract is made and entered into this ______ day of ________ 2022 by and between _______________________________, 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 Asphalt Patching Services Contract in accordance with the Contract Documents therefore, adopted by the Board of Directors of the above District, as prepared by the District. 2. That the District will pay the Contractor upon approval by District of invoices for work completed and timely received by Contractor, according to the prices as bid and accepted, based upon the Contract Documents, and Addenda, as follows: Total Bid - $_________. (Amount in words.) 3. 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. 4. That the Contractor shall keep accurate certified payroll records and produce them as required in these Contract Documents. 5. 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. 6. The Contractor shall, prior to the execution of the Contract, furnish all insurance as required in Contract Documents 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 insurance and bonds are supplied to and approved by the DISTRICT. 7. This Formal Contract reference includes the Contract Documents, which includes the following: • Invitation to Bid • Technical Specifications & Scope of Work • Proposal/Bid Forms 2022 Asphalt Patching Services Contract Page 6 Additional Information and Forms January 2022 • General Bid Instructions, Terms & Conditions • Additional Information & Forms • Addenda • Approved and fully executed Change Orders • Any other documents contained in or incorporated into the Contract, except as otherwise indicated. The Contractor shall complete the Work in strict accordance with all of the Contract Documents, following the intent and coordination of said Contract Documents. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. IN WITNESS WHEREOF, the said CONTRACTOR and the South Tahoe Public Utility District, have caused the names of said parties to be affixed hereto, each in duplicate, the day and year first above written. SOUTH TAHOE PUBLIC UTILITY DISTRICT Contractor Owner By By John Thiel, Engineer/General Manager Address for Giving Notice: Address for Giving Notice: SOUTH TAHOE PUBLIC UTILITY DISTRICT 1275 MEADOW CREST DRIVE SOUTH LAKE TAHOE, CA 96150 CONTRACTOR’S LICENSE NO:___________________________________________________ CONTRACTOR’S LICENSE EXPIRATION DATE:______________________________________ CONTRACTOR’S DIR REGISTRATION NO.:_________________________________________ CONTRACTOR’S FEDERAL I.D.#:__________________________________________________ WORKER’S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. CONTRACTOR: BY: TITLE: 2022 Asphalt Patching Services Contract Page 7 Additional Information and Forms January 2022 BOND FORMS 2022 Asphalt Patching Services Contract Page 8 Additional Information and Forms January 2022 THIS PAGE LEFT INTENTIONALLY BLANK 2022 Asphalt Patching Services Contract Page 9 Additional Information and Forms January 2022 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the South Tahoe Public Utility District, El Dorado County, California, hereinafter designated the "Owner," has, on __________________, _____, awarded to _________________________________________, hereinafter designated as the "Principal," a contract for 2022 Asphalt Patching Services Contract. WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Bid Documents for the Services, (hereinafter referred to as “Bid Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, WE, the Principal, and ________________________________________ ______________________________________________________________________, as Surety, are held and firmly bound unto the Owner the penal sum of _____________________ dollars ($_______________) lawful money of the United States, not less than one hundred percent (100%) of the Contract price, 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 bound Principal, 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 its 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, Owner and Engineer their officers, agents, and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to Owner such reasonable attorney's fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of 1 year after the completion and acceptance of the Work, during which time if the above bound Principal, its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect said Owner from loss of damage made evident during said period of one year from the date of acceptance of the work under said contract, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. Nothing herein shall limit the Owner’s rights or the Principal or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure §337.15. Whenever Contractor shall be, and is declared by the Owner to be, in default under the Bid Documents, the Surety shall remedy the default pursuant to the Bid Documents, or shall promptly at the Owner’s option: (1) take over and complete the Project in accordance with all 2022 Asphalt Patching Services Contract Page 10 Additional Information and Forms January 2022 terms and conditions in the Bid Documents; or (2) obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Bid Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Owner, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable; or (3) Permit the Owner to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Owner under the Contract and any modification thereto, less any amount previously paid by the Owner to the Contractor and any other set offs pursuant to the Bid Documents. 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. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Whenever the Principal shall be, and declared by the Owner, in default under the Contract, the Surety shall promptly remedy the default or promptly pay the amount of the bond to the Owner. IN WITNESS WHEREOF, the above parties have executed this instrument this _______________________ day of _____________________, ____, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. _______________________________________ (Principal) _______________________________________ (Signature for Principal) (Title) Surety _______________________________________ _______________________________________ (Signature for Surety) (Title) Surety's address in California for service of process: _______________________________________ _______________________________________ _______________________________________ 2022 Asphalt Patching Services Contract Page 11 Additional Information and Forms January 2022 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) SS. CITY OF __________________ ) On this _________ day of ________________, in the year 20___, before me, ___________________________, a Notary Public in and for said state, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument as the representative of the Surety acknowledged to me that he/she executed the same in his/her authorized capacity, and subscribed the name of the _______________________ (Surety) thereto and his/her own name as the representative of the Surety. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________ Notary Public in and for said State (SEAL) Commission expires: __________________ NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. 2022 Asphalt Patching Services Contract Page 12 Additional Information and Forms January 2022 THIS PAGE LEFT INTENTIONALLY BLANK 2022 Asphalt Patching Services Contract Page 13 Additional Information and Forms January 2022 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the South Tahoe Public Utility District, El Dorado County, California, hereinafter designated the "Owner", has, on __________, _____, awarded to _________________________________________________, hereinafter designated as the "Principal," a contract for 2022 Asphalt Patching Services Contract. WHEREAS, said Principal is required under the terms of said contract to furnish a bond providing that if said Principal, or any of its Subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work under said contract, 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: NOW, THEREFORE, WE, the Principal, and ______________________________________ ___________________________________________________________________, as Surety, are held and firmly bound unto the Owner the penal sum of _____________________________ dollars ($_____________) 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 bound Principal, or its heirs, executors, administrators, successors, or assigns, shall fail to pay any person specified in California Civil Code Section 3181, or for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work under said contract, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to work or labor performed under said contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the Principal and his subcontractors pursuant to the Revenue and Taxation Code §18663, or with respect to any work or labor for which a bond is required by the provisions of Sections 3247 through 3252, inclusive, of the California Civil Code, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work under said contract, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said surety will pay the same in or to an amount not exceeding the amount hereinbefore set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to Owner as shall be fixed by the court. This bond shall inure to the benefit of Owner and any and all persons, companies, and corporations and their respective assigns entitled to file claims under applicable State law, including but not limited to, California Civil Code Section 3181, so as to give a right of action to them 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 to the terms of said contract or to the work to be performed thereunder or to 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 2022 Asphalt Patching Services Contract Page 14 Additional Information and Forms January 2022 Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any fraud practiced by any third party nor by any breach or alleged breach by the Owner, and the sole condition of the surety’s obligation is that a person listed in Civil Code §3110 or 3112 has not received full payment on its claim. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF, the above parties have executed this instrument under their seals this _____________ day of _________________, ____, 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. _______________________________________ (Principal) _______________________________________ (Signature for Principal) (Title) _______________________________________ (Surety) _______________________________________ (Signature for Surety) (Title) Surety's address in California for service of process: _______________________________________ _______________________________________ 2022 Asphalt Patching Services Contract Page 15 Additional Information and Forms January 2022 PATCHING LISTS CITY & COUNTY The District can only estimate quantities and does not make any guarantee for minimum quantities for the contract. Additional lists of patches will be provided as District crews continue to conduct ongoing installations and repairs. 2022 Asphalt Patching Services Contract Page 16 Additional Information and Forms January 2022 THIS PAGE LEFT INTENTIONALLY BLANK 2022 Asphalt Patching Services Contract Page 19 Additional Information and Forms January 2022 PATCHING DETAILS See attached page: S6-D6 2022 Asphalt Patching Services Contract Page 20 Additional Information and Forms January 2022 THIS PAGE LEFT INTENTIONALLY BLANK 2022 Asphalt Patching Services Contract Page 21 Additional Information and Forms January 2022 2022 Asphalt Patching Services Contract Page 22 Additional Information and Forms January 2022 THIS PAGE LEFT INTENTIONALLY BLANK END OF SECTION