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Request No. 3 Formal ContractFORMAL CONTRACT THIS Contract, is made and entered into this Z / st day of December, 2022, by and between T & S Construction Co., Inc. hereinafter referred to as "Contractor," and South Tahoe Public Utility District, El Dorado County, California, hereinafter referred to as "District". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, the District and the Contractor agree as follows: 1. That the Contractor will furnish all labor, materials, equipment, tools, transportation, services, appliances, and appurtenances for the construction of the Upper Truckee Pump Station Rehabilitation in accordance with the Contract Documents therefore, adopted by the Board of Directors of the above District, as prepared in part by Carollo Engineers, Inc., 2. That the District will pay the Contractor progress payments and the final payment in accordance with the method set forth in the Contract Documents with warrants drawn on the appropriate fund or funds as required, according to the prices as bid and accepted, based upon the Plans, Specifications, and Addenda, as follows: Total Bid - $4,135,000.00. Four Million One Hundred Thirty -Five Thousand Dollars and Zero Cents. 3. Contractor agrees to complete said work within Five Hundred Eighty -Eight (588) calendar days from the date of the Notice to Proceed (or approved extensions thereof) and to the entire satisfaction of the District before final payment is made. Contractor also agrees that all construction activities requiring excavation, earthwork or soil material removal shall occur between either May 1, 2023 and October 15, 2023 (167 calendar days) or May 1, 2024 and October 15, 2024 (167 calendar days) in accordance with requirements of the Tahoe Regional Planning Agency &TRPA and to the entire satisfaction of the DISTRICT before final payment is made. I 4. Time is of the essence of this Contract. 5. That pursuant to the provisions under Part 2.04, Contract Time and Liquidated Damages, of Section 00 72 00, General Conditions, of these Contract Documents, under this Contract, the Contractor will incur fixed and liquidated damages for delays in completion of the Work. 6. That the Contractor will pay, and will require all Subcontractors to pay, all employees on said work a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, as contained in or referenced by the Contract Documents for this work. 7. That the Contractor shall forfeit to the District a daily penalty, as defined in Section 00 73 00, Part 2.09 of this Contract, for underpayment of prevailing wages. 8. That the Contractor shall keep accurate certified payroll records, and produce them as required by Part 2.09 of Section 00 73 00 of these Contract Documents. 9. That in the performance of this Contract, a day's work has been defined in Section 00 73 00, Part 2.11, and a daily penalty shall be paid if Contractor violates the terms of the Labor Code with respect to such definition, as described in Section 00 73 00, Part 2.11. 10. That the Contractor shall carry California Worker's Compensation Insurance and require all Subcontractors to carry California Worker's Compensation Insurance as required by the Labor Code of the State of California. 11, The Contractor shall, prior to the execution of the Contract, furnish all insurance policies as required in Section 00 73 00, Supplemental Conditions, Part 2.01, and furnish two bonds approved by the DISTRICT, one in the amount of One Hundred (100) Percent of the Contract price to guarantee payment of all claims for labor and materials furnished, one in the amount of One Hundred (100) Percent of the Contract price to guarantee performance. This Contract shall not become effective until such bonds and policies are supplied to and approved by the DISTRICT. r. 12. This Formal Contract reference includes the Contract Documents, which includes the following: a. Notice Inviting Bids. b. Instructions to Bidders. c. Information Available to Bidders. d. Electronic Bid Schedule. e. Bid Form. f. Formal Contract. g. Bond Forms. h. Project Definitions. i. General Conditions. j. Supplementary Conditions. k. Grant Conditions. I. Grant Forms. m. General Requirements. n. Technical Specifications. o. Addenda. p. Plans and Drawings. q. Approved and fully executed Change Orders. r. 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 documents set forth in Section 00_72_00, GeneralConditions. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. 3 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. T S Contractor By��� Title �,�.1�u� � Spi✓IG114� P1r%SI(,f�N( Address for Giving Notice: i �Ob fledge- &.4ue Sccf'.► .'j"' CA 958z9 CONTRACTOR'S LICENSE NO: 301,320 CONTRACTOR'S LICENSE EXPIRATION DATE dL1-30-Zo23 CONTRACTOR'S FEDERAL I.D.#: 6D I e-1 I0 SOUTH TAHOE PUBLIC UTILITY DISTRICT By Johr,A-del, P.E., M.B.A. General Manager/Engineer Address for Giving Notice: SOUTH TAHOE PUBLIC UTILITY DISTRICT 1275 MEADOW CREST DRIVE SOUTH LAKE TAHOE, CA 96150 ATTEST: 11 {'1���7YJI1 Melonie Guttry, Clerk of Board South Tahoe Public Utility District 4 WORKER'S COMPENSATION CERTIFICATE AS REQUIRE❑ 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: S Co✓+s�duL{�o� ts, r.�t. BY: TITLE: resloeYen1 5