Contract
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CONTRACT
THIS Contract, is made and entered into this ______ day of March, 2024, by and between ERS Industrial
Services, 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 2024 FILTER REHABILITATION PROJECT,
(the “Project”) in accordance with the Contract Documents therefore, adopted by the Board of
Directors of the above District, as prepared in part by District.
2. That the District will pay the Contractor progress payments and the final payment in accordance with
the method set forth in the Contract Documents with warrants drawn on the appropriate fund or funds
as required, according to the prices as bid and accepted, based upon the Contract Documents, as
follows:
Total Bid - $1,286,870.00. One Million Two Hundred Eighty-Six Thousand Eight Hundred Seventy
Dollars and Zero Cents.
3. Contractor agrees to complete said work within Two Hundred Sixty (260) 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, 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.
Time is of the essence for this Contract. By its signature hereunder, Contractor agrees the time for
completion set forth above is adequate and reasonable to complete the Work.
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4. In accordance with Government Code section 53069.85, Contractor will pay the DISTRICT the sum set
forth in Part 2.04, Contract Time, and Liquidated Damages, of Section 00 72 00, General Conditions, of
these Contract Documents, for each and every calendar day of delay beyond the time prescribed in the
Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture.
In the event this is not paid, the Contractor agrees the DISTRICT may deduct that amount from any
money due or that may become due the Contractor under the Contract. This Article does not exclude
recovery of other damages specified in the Contract Documents.
5. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code
which such rates shall be made available at the District’s offices or may be obtained online at
http://www.dir.ca.gov and which must be posted at the job site.
6. 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.
7. The Contractor shall, prior to the execution of the Contract, furnish certificates and endorsements
evidencing all required insurance policies as required in Section 00 73 00, Supplemental Conditions,
Part 2.01, and furnish the labor and material payment bond and faithful performance bond. If required
bonds and insurance are not provided to the District, this can be considered a breach of contract.
8 This Formal Contract reference includes the Contract Documents, which includes the following:
Solicitation – Notice Inviting Bids
Instructions to Bidders
Information Available to Bidders
Electronic Bid Schedule
Bid Form
Formal Contract
Faithful Performance Bond
Payment (Labor and Materials) Bond
Project Definitions
General Conditions
Supplementary Conditions
General Requirements
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed Change Orders
Any other documents contained in or incorporated into the Contract, except as otherwise indicated.
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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. All of the
Contract Documents are intended to be complementary. Work required by one of the Contract Documents and
not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the
parties. 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.
Contractor
By:
SOUTH TAHOE PUBLIC UTILITY DISTRICT
By: _________________
Title General Manager
Address for Giving Notice: 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
CONTRACTOR’S LICENSE NO:
CONTRACTOR’S LICENSE EXPIRATION
DATE:
CONTRACTOR’S FEDERAL I.D.#:
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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: