Formal Contract 2023 0406FORMAL CONTRACT
THIS Contract, is made and entered into this 6 day of April, 2023, 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 Secondary Clarifier No. 2
Rehabilitation Project 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.,
100 West Liberty St, Suite 740, Reno, NV 89501.
2. That the District will pay the Contractor progress payments and the final payment in
accordance with the method set forth in the Contract Documents with warrants drawn on the
appropriate fund or funds as required, according to the prices as bid and accepted, based
upon the Plans, Specifications, and Addenda, as follows:
Total Bid - $2,064,900.00. Two Million Sixty -Four Thousand Nine Hundred Dollars and Zero Cents.
3. Contractor agrees to complete said work within Two Hundred Fifteen (215) Calendar Days,
following the issuance 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 May 1 and October 15, of each calendar year in accordance with requirements of the
Tahoe Regional Planning Agency (TRPA) and to the entire satisfaction of the DISTRICT
before final payment is made.
4. Time is of the essence in this Contract.
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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.
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12. This Formal Contract reference includes the Contract Documents, which includes the
following:
a. Solicitation — 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. General Requirements
I. Technical Specifications
m. Addenda
n. Plans and Drawings
o. Approved and fully executed Change Orders
p. 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 - General
Conditions. Each and every provision of law required to be included in these Contract Documents shall
be deemed to be included in these Contract Documents.
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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.
Contractor
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Title
Address for Giving Notice:
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CONTRACTOR'S LICENSE NO:
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CONTRACTOR'S LICENSE EXPIRATION
DATE: 0 q -3O-Z oZs
CONTRACTOR'S FEDERAL I.D.#:
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SOUTH TAHOE PUBLIC UTILITY DISTRICT
By
Jo . Biel, 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:
Melonie Guttry, Clerk of Board
South Tahoe Public Utility District
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(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.
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