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HomeMy WebLinkAbout12 Attachment 1 Bid Request - Vehicle Repair Service 2021VEHICLE REPAIR SERVICES SPECIFICATIONS AND CONTRACT DOCUMENTS BID OPENING – 3:30 PM, Monday, February 8, 2021 Contact person: Keith Renshaw (530) 582-3935 Truckee Donner Public Utility District 11570 Donner Pass Road Truckee, California 96161 (530) 587-3896 TABLE OF CONTENTS TRUCKEE DONNER PUD TABLE OF CONTENTS VEHICLE REPAIR SERVICES PAGE TOC-1 Specification Section Title 00030 Notice to Bidders 00100 Instructions to Bidders 00300 Bid Forms 00500 Agreement TRUCKEE DONNER PUD NOTICE TO BIDDERS VEHICLE REPAIR SERVICES PAGE 00030-1 SECTION 00030 - NOTICE TO BIDDERS Notice is hereby given that the Board of Directors of Truckee Donner Public Utility District, Nevada County, California, herein referred to as the "DISTRICT," will receive sealed bids at the District office, 11570 Donner Pass Road, Truckee, California 96161until 3:30 p.m. on Monday, February 8, 2021 at which time they shall be opened and publicly read for: Vehicle Repair Services The WORK of this Contract comprises of typical maintenance, service and repair of automobiles & trucks for calendar year 2021, with the option to extend the contract for four additional years (Option years 2022, 2023, 2024, & 2025). Each bid must conform to the requirements of the Contract Documents, all of which may be examined at the offices of the DISTRICT: 11570 Donner Pass Road, Truckee California, 96161. Copies of the Contract Documents may be obtained at no charge upon request. The DISTRICT specifically reserves the right to reject any and all bids, waive any irregularities or informalities in the bidding, be the sole judge of the suitability of the items offered, and to accept any bid that it determines to be in its best interest. Regina Cooley, Contract Administrator Truckee Donner Public Utility District TRUCKEE DONNER PUD INSTRUCTIONS TO BIDDERS VEHICLE REPAIR SERVICES PAGE 00100-1 SECTION 00100 – INSTRUCTIONS TO BIDDERS 1. NOTICE TO BIDDERS Truckee Donner Public Utility District, hereinafter referred to as "DISTRICT," advises that sealed bids subject to the conditions contained herein, will be received at the DISTRICT office until 3:30 p.m. on Monday, February 18, 2021 at which time they shall be opened and publicly read for: Vehicle Repair Services 2. BID FORM Bidders shall use the bid forms bound in these documents as Section 00300 – Bid Forms. Each Bid must contain pages 00300-1 through 00300-6. 3. MANNER OF SUBMITTING BIDS Prior to submitting bids, bidders must make sure that: (a) The bid is complete and signed. (c) The bid schedule is complete and the totals are correct. (d) Familiarized oneself with all applicable laws and regulations. When submitting a bid, place the complete bid document in a sealed envelope, mark the envelope “Sealed Bid” and either mail or hand deliver the bid to the address shown. 4. EXAMINATION OF CONDITIONS Bidders shall satisfy themselves as to the conditions by personal examination of the specifications and by other examinations and investigations that they may wish to make as to the nature of the work and the difficulties encountered. Submitting of a bid shall constitute affirmation by the bidder that he has complied with the following: (a) Carefully examined the Contract Documents. (b) Included in the bid sum amounts sufficient to cover all items required by the contract documents. The failure or omission of any bidder to receive or examine any form, instrument, addendum, or other documents shall in no way relieve any bidder from any obligation with respect to their bid or the contract. 5. DISTRICT'S RIGHT TO REJECT BIDS The DISTRICT reserves the unqualified right in its sole and absolute discretion to reject any and all Bids, and to accept the Bid or Bids which, in its sole and absolute judgment will, under all circumstances, best serve the interests of the DISTRICT. 6. CONTRACT The Contract includes the Notice to Bidders, Instructions to Bidders, Bid Schedule and Bidding Forms, Agreement, Specifications and Addenda. TRUCKEE DONNER PUD INSTRUCTIONS TO BIDDERS VEHICLE REPAIR SERVICES PAGE 00100-2 The Contract, when executed, shall be deemed to include the entire agreement between the parties thereto, and the CONTRACTOR shall not claim any modification thereof resulting from any representation or promise made at any time by any officer, agent or employee of the DISTRICT or by any other person. 7. AWARD OF CONTRACT A contract will not be awarded until the DISTRICT is satisfied that the successful bidder is reasonably familiar with the class of work and has the necessary capital, tools and experience to satisfactorily perform same. Completion of the WORK within the time stated is essential, and prior commitments of the bidder, failure to complete other work on time or reasonable doubt as to whether the bidder would complete the WORK on time, may be cause for rejection of any bid. 8. BIDDER QUALIFICATIONS Bids will be received from qualified bidders only. By submitting a bid, bidder warrants that he has: (a) Adequate financial resources to accomplish work required. (b) Adequate equipment to accomplish work required. (c) Personnel with sufficient experience to accomplish work required. (d) Sufficient experience in the type of work proposed. (e) Not violated public works laws as set forth in Labor Code Section 1777.7 related to apprentice/journeyman ratio. (f) The appropriate auto repair facility license for the work to be performed (P.C.C. §3300) which the DISTRICT has determined to include: State of California Automotive Repair Dealer (ARD) and a Nevada County/EPA Waste Generator License. (g) No pending claims regarding performance, failure to deliver, labor violations, etc. (h) Ability to provide proof of Workers’ Compensation and insurance requirements per the Agreement, Page 00500-2. 9. BID MODIFICATIONS Bids may be modified up until the time of bid opening. Modifications must be in writing. No electronic or telephone modifications will be allowed. 10. BID WITHDRAWAL Bids may be withdrawn any time prior to the time set for bid opening. Once bids are opened, they may not be withdrawn until expiration of the bid. All bids shall be deemed a firm offer for not less than forty-five (45) days after the date of the bid opening. 11. POSTPONEMENT OF OPENING The DISTRICT reserves the right to postpone the time and date of bid opening as the DISTRICT deems necessary. Such postponement will be conveyed to all bidders by written notice which will state the new opening time and date. TRUCKEE DONNER PUD INSTRUCTIONS TO BIDDERS VEHICLE REPAIR SERVICES PAGE 00100-3 12. INTERPRETATION OR CORRECTION OF CONTRACT The bidder shall promptly notify the DISTRICT of any ambiguity, inconsistency, or error which he may discover in the contract, or, if applicable, the site or local conditions. If the bidder requires clarification or interpretation of the contract, he shall make a written request to reach the DISTRICT at least three (3) days prior to the scheduled bid opening. Any interpretations, corrections, or changes to the contract prior to the bid opening shall be made by addenda issued to all bidders. Each bidder shall acknowledge receipt of each addendum on Page 00300-1 of the Bid Forms. Interpretations, corrections, or changes of the contract prior to bid opening made in any other manner than as described above will not be binding, and bidders shall not rely upon such interpretations, corrections and changes. 13. ENVIRONMENTAL PROVISIONS It shall be the duty of the CONTRACTOR to familiarize himself with, and to comply with applicable environmental laws for this type of work. 14. SOURCE OF FUNDS AND LIMITATION OF DAMAGES The CONTRACTOR is hereby informed that funds for this project are limited and are public funds. The District's decision to proceed with this project and to award a contract to the CONTRACTOR is dependent upon the CONTRACTOR's agreement to limit all claims for payments by the District to the unit prices or lump sum bids proposed herein. Further, in the event the CONTRACTOR is awarded the contract for the WORK stated herein and a dispute arises between the CONTRACTOR and the DISTRICT regarding unreasonable delays, claims for extra compensation, or any of the provisions of the contract, the CONTRACTOR agrees to limit the total of all claims against the DISTRICT for this project, including any damages, to the total funds appropriated by the DISTRICT for this project. 15. METHOD OF AWARD OF CONTRACT This Contract is a Unit Price Contract. Pricing must be submitted in accordance with these instructions. a. All Unit Prices on the Bid Schedule are the price for a specified repair/maintenance service. b. Items listed on the Bid Schedule are typical of vehicle services which may be required during the Contract period. c. District in no way guarantees that the actual quantity of services. d. This Contract will be effective starting in March 4, 2021 and ending December 31, 2021, with the option to extend the contract for 4 additional years. e. The low bidder will be determined by the summation of the Unit Prices of all services listed on Bid Schedule, based on a quantity of one (1) type of service to be performed. TRUCKEE DONNER PUD INSTRUCTIONS TO BIDDERS VEHICLE REPAIR SERVICES PAGE 00100-4 f. Additional repair/maintenance services may be requested that are not listed in the Bid Schedule. These services will paid based upon the awarded CONTRACTOR’s fee schedule. 16. INTERPRETATIONS AND ADDENDA Every interpretation made to a Bidder will be in the form of an addendum to the Request for Bids, and when issued, will be on file with the District. No addendums will be released after close of business February 3, 2021. All addenda will be distributed to each person holding the Request for Bids, but it shall be the Bidder’s responsibility to make inquiry as to the addenda issued. All such addenda shall become part of the Request for Bids and all Bidders shall be bound by such addenda, whether or not received by the Bidder. The District will not be bound by any information, explanation, clarification, or any interpretation, oral or written that is not incorporated into an addendum to the Request for Bids. No response will be made to inquiries received after the RFP Questions Deadline of close of business February 3, 2021. - END OF SECTION – TRUCKEE DONNER PUD BID FORMS VEHICLE REPAIR SERVICES PAGE 00300-1 SECTION 00300 – BID FORMS Vehicle Repair Services TO: TRUCKEE DONNER PUBLIC UTILITY DISTRICT 11570 Donner Pass Road Truckee, California 96161 In compliance with your Notice to Bidders, and subject to all the conditions thereof, the undersigned offers and agrees, if this bid be accepted within 45 calendar days from the date of the opening, to furnish the labor and equipment upon which prices are quoted, at the price set opposite each item. Date: Bidder: By: (Signature of person authorized to sign this bid) Title: Address: __________________________________________ Phone:Fax: License No.: License Expiration Date: License number and expiration date stated herein are made under penalty of perjury. Seal, if bid by corporation I acknowledge receipt of the following addenda: No. 1: ________________________ signed _______________ dated No. 2: ________________________ signed _______________ dated No. 3: ________________________ signed _______________ dated No. 4: ________________________ signed _______________ dated TRUCKEE DONNER PUD BID FORMS VEHICLE REPAIR SERVICES PAGE 00300-2 Vehicle Repair Services Bid Schedule UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT: SCHEDULE OF PRICES All applicable sales taxes, State and /or Federal, and any other special taxes, patent rights, or royalties shall be included in the prices quoted in this bid. Repairs will be on an on call basis.The response time to pick up the vehicle and schedule the repairs shall be a maximum of 2 working days after notification from District representative. BID PRICE SHALL INCLUDE MATERIALS  All oils and lubricants to be full synthetic Chevron, Mobil-1, or approved equal.  All filters to be Wix, NAPA Gold, or OEM  All brakes to be premium quality ceramic  As part of this contract all vehicles shall be picked up from and returned to Truckee Donner P.U.D. located at 11570 Donner Pass Road, Truckee, CA. Prices for all items in the bid schedule must be filled in. a. All Unit Prices on the Bid Schedule are the price for a specified repair/maintenance service. b. Items listed on the Bid Schedule are typical of vehicle services which may be required during the Contract period. c. District in no way guarantees that the actual quantity of services. d. Vehicle descriptions below represent a sampling of year, make and model vehicles to be serviced and should not be considered inclusive or complete. Description Unit Price (Not Including Tax) 2015 Jeep Cherokee, 4 X 4, 2.4 Liter Engine, Automatic Transmission 1 Service including lube/oil filter 2 Filters, including engine, fuel and cabin 3 Front brakes 4 Turn rotors 5 Rear brakes 6 Transmission service 7 All four – shock replacement 8 Front wheel bearing replacement 9 Tune up including spark plugs & wires 10 Tire rotation TRUCKEE DONNER PUD BID FORMS VEHICLE REPAIR SERVICES PAGE 00300-3 Description Unit Price (Not Including Tax) 2018 Chevrolet 1500, 4X4, Pickup Truck, 5.3 L, Automatic Transmission 1 Service including lube/oil filter 2 Filters, including engine, fuel and cabin 3 Front brakes & rotors 4 Turn rotors 5 Rear brakes 6 Transmission service w/ fluid and filter replacement 7 All four – shock replacement 8 Front wheel bearing & hub assembly replacement 9 Tune up including cap, spark plugs & wires 10 Tire rotation Description Unit Price (Not Including Tax) 2019 Chevrolet 2500HD, 4X4, Pickup Truck, 6.0 L 364 CID V8 Vortec, Automatic Transmission 1 Service including lube/oil filter 2 Filters, including engine, fuel and cabin 3 Front brakes 4 Rear brakes 5 Transmission service 6 All four – shock replacement 7 Front wheel bearing & hub assembly replacement 8 Tune up including cap, spark plugs & wires 9 Tire rotation 10 Replace rear rotors Description Unit Price (Not Including Tax) 2020 Dodge Ram 3500, 4X4, Pickup Truck, 6.7 L Cummins, Aisin AS69RC Automatic Transmission 1 Service including lube/oil filter 2 Filters, including engine, fuel and cabin TRUCKEE DONNER PUD BID FORMS VEHICLE REPAIR SERVICES PAGE 00300-4 3 Front brakes 4 Turn front rotors 5 Rear brakes 6 Transmission service 7 All four – shock replacement 8 Front wheel bearing & hub assembly replacement 9 Tune up including cap, spark plugs & wires 10 Tire rotation Description Unit Price (Not Including Tax) 2011 Ford F550, 4X4, Heavy Duty Service Truck, V-10, 6.8 L, 5 Speed, Automatic Transmission 1 Service including lube/oil filter 2 Filters, including engine, fuel and cabin 3 Front brakes 4 Turn front rotors 5 Rear brakes 6 Transmission service 7 All four – shock replacement 8 Front wheel bearing & hub assembly replacement 9 Tune up including cap, spark plugs & wires 10 Tire rotation TOTAL (NOTE 2) $ __________________ 1. Items listed on the Bid Schedule are typical repair/maintenance of vehicle services which may be required during the Contract period. 2. The low bidder will be determined by the summation of the Unit Prices of all services listed on Bid Schedule, based on a quantity of one (1) type of service to be performed. TRUCKEE DONNER PUD BID FORMS VEHICLE REPAIR SERVICES PAGE 00300-5 On this page, the CONTRACTOR shall list a detailed experience description of the supervisor and support personnel who will be working this job. List only personnel who will actually be on-site during the paving. Personnel  Foreman and each years’ experience _________________ _________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________  Names and years’ experience of support personnel _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Similar and recently completed projects  List four contacts (names and telephone numbers) _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ TRUCKEE DONNER PUD BID FORMS VEHICLE REPAIR SERVICES PAGE 00300-6 By signing the Bid on Page 00300-1, Bidder warrants the following: NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the ______________________ of ____________________, 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]. TRUCKEE DONNER PUD AGREEMENT VEHICLE REPAIR SERVICES PAGE 00500-1 SECTION 00500 – AGREEMENT TRUCKEE DONNER PUBLIC UTILITY DISTRICT INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (“Agreement”) is entered into this ___ day of ___________, 2021, and expires the 31st day of December 2021, by and between Truckee Donner Public Utility District, a public utility district organized and existing under the laws of the State of California (“DISTRICT”), and ______________________, a __________________ with its principal place of business in __________________ (“CONTRACTOR”), for services to be provided to DISTRICT. DISTRICT and CONTRACTOR may be referred to individually as “Party” or collectively as “Parties.” 1.SCOPE OF SERVICES A.Services CONTRACTOR agrees to provide DISTRICT with the vehicle repair services listed on Exhibit “A” attached hereto and incorporated herein (“SERVICES”). B.Additional Services Any work or services in addition to the SERVICES shall be performed by CONTRACTOR according to such rates and charges as may be agreed upon by CONTRACTOR and DISTRICT in writing and in advance of any such additional services being performed. In no event shall CONTRACTOR be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by DISTRICT prior to commencement of the work. 2.FEES FOR SERVICES For SERVICES provided pursuant to this Agreement, DISTRICT shall pay CONTRACTOR the charges listed on Exhibit “A.” 3.BILLING AND PAYMENT CONTRACTOR shall submit a monthly statement to DISTRICT setting forth the amount due for services and itemizing amounts due for expenses. DISTRICT shall pay the full amount of such statement within thirty (30) days after receipt. Any sums billed, not disputed in written form setting forth specific exceptions and unpaid after thirty (30) days from the date of receipt, shall be subject to a late payment charge equal to the lesser of one and one-half (1-1/2) percent or the maximum rate permitted by law, for each month or fraction thereof past due. 4.INDEPENDENT CONTRACTOR CONTRACTOR shall provide SERVICES to DISTRICT as an independent contractor, not as an employee of DISTRICT. Neither CONTRACTOR nor any of its employees shall have or claim any right arising from employee status. 5.TERMINATION OF AGREEMENT A.Unless otherwise terminated as provided herein, this Agreement shall terminate when the SERVICES have been fully and completely performed. B.Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement by giving seven (7) days advance written notice to the other Party. TRUCKEE DONNER PUD AGREEMENT VEHICLE REPAIR SERVICES PAGE 00500-2 C.Upon termination of this Agreement, CONTRACTOR shall have no further obligation to provide SERVICES to DISTRICT. If the Agreement is terminated prior to completion of the SERVICES, CONTRACTOR shall render a final bill to DISTRICT within thirty (30) days after the date of termination, and DISTRICT shall pay CONTRACTOR for all work performed and expenses incurred prior to the date of termination in accordance with Section 3. 6.INSURANCE A.WORKERS’ COMPENSATION INSURANCE. By his/her signature hereunder, CONTRACTOR certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and that CONTRACTOR will comply with such provisions before commencing the performance of the services under this Agreement. CONTRACTOR and SUB-CONTRACTOR’s will keep workers’ compensation insurance for their employees in effect during all work covered by this Agreement. B.GENERAL LIABILITY INSURANCE. CONTRACTOR will file with the District, before beginning SERVICES, certificates of insurance satisfactory to the District evidencing general liability coverage of not less than $1,000,000 per occurrence ($2,000,000 general and products-completed operations aggregate (if used)) for garage keepers, bodily injury, personal injury and property damage; auto liability of at least $1,000,000 for bodily injury and property damage each accident limit; workers’ compensation (statutory limits) and employer’s liability ($1,000,000) (if applicable); requiring thirty (30) days for non-payment of premium) notice of cancellation to the District. Any insurance, self-insurance or other coverage maintained by the District, its directors, officers, employees, or authorized volunteers shall not contribute to it. The general liability coverage shall give the District, its directors, officers, employees, and authorized volunteers insured status using ISO endorsement CG2010, CG2033, or equivalent. Coverage is to be placed with a carrier with an A.M. Best rating of no less than A- :VII, or equivalent, or as otherwise approved by the District. In the event that the CONTRACTOR employs other CONTRACTOR’s (SUB- CONTRACTOR’s) as part of the work covered by this Agreement, it shall be the CONTRACTOR’s responsibility to require and confirm that each SUB- CONTRACTOR meets the minimum insurance requirements specified above. For any claims related to the SERVICES, the CONTRACTOR’s insurance coverage will be primary insurance with respect to the District’s insurance. The insurance maintained by the District shall be excess of the Contractor's insurance and will not contribute with it. 7.TAXES CONTRACTOR agrees and understands that as an independent contractor, CONTRACTOR is responsible for the payment of all self-employment taxes, and other taxes that may arise as a result of it performing SERVICES as an independent contractor. It is further understood that DISTRICT shall have no responsibility in withholding any taxes payable to the federal or state government, and that it is CONTRACTOR’s sole responsibility to meet its tax obligations. 8.LIABILITY A.CONTRACTOR shall defend, indemnify and hold harmless DISTRICT, its directors, officers, employees and agents from and against any and all liability, claims, demands, damages, losses, and expenses, including but not limited to attorney’s fees, for which CONTRACTOR is determined to be legally liable resulting from negligent acts, errors, or omissions by CONTRACTOR, its directors, officers, employees and agents in performance of SERVICE required by this Agreement. Liability, claims, demands, damages, losses, or expenses resulting from the sole negligence or willful misconduct of the DISTRICT, its directors, officers, employees or agents are excluded from CONTRACTOR’s obligations pursuant to this paragraph. B.Nothing in this Agreement shall be construed to create a duty to, any standard of care with reference to, or any liability to any person not a Party to this Agreement. TRUCKEE DONNER PUD AGREEMENT VEHICLE REPAIR SERVICES PAGE 00500-3 9.SUCCESSORS IN INTEREST Neither Party shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the provisions of the preceding sentence, this Agreement shall be binding on, and inure to the benefit of, each Party's successors in interest, including their heirs, legatees, assignees, and legal representatives. 10. WAIVER Any waiver at any time by either Party of its rights with respect to a default under this Agreement, or with respect to any other matters arising in connection with this Agreement, shall not be deemed a waiver with respect to any subsequent default or other matter. 11. SEVERAL OBLIGATIONS Except where specifically stated in this Agreement to be otherwise, the duties, obligations, and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall be construed to create an association, partnership, or joint venture or impose a trust or partnership duty, obligation, or liability on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement. 12. AMENDMENT All changes or modifications to this Agreement shall be in writing and signed by both Parties. 13. GOVERNING LAW This Agreement shall be construed and interpreted according to, and the rights of the Parties shall be governed by, the laws of the State of California. Venue shall be in Nevada County for purposes of mediation, arbitration, or litigation if in State Court, or in the Federal District Court for the Eastern District of California, if in Federal Court. 14. ALTERNATIVE DISPUTE RESOLUTION In the event of disagreement or dispute between the Parties arising out of or connected with this Agreement which cannot be adjusted by and between the Parties, the disputed matter shall be resolved as follows: A.DISTRICT and CONTRACTOR agree to mediate any dispute or claim arising between them out of this Agreement or any resulting transaction before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally between DISTRICT and CONTRACTOR. If either Party commences an arbitration or court action (including any cross-complaint, counterclaim or third-party claim) against the other based on a dispute or claim to which this paragraph applies without first attempting to resolve the matter through mediation, the Party commencing the arbitration or court action shall not be entitled to recover attorneys’ fees, even if they would otherwise be available in any such arbitration or court action. TRUCKEE DONNER PUD AGREEMENT VEHICLE REPAIR SERVICES PAGE 00500-4 B.DISTRICT and CONTRACTOR agree that any dispute or claim in law or equity arising between them out of this Agreement or any resulting transaction which is not settled through mediation shall be decided by neutral, binding arbitration and not by court action. The arbitration shall be conducted by a retired judge or justice, unless the Parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California law. In all other respects, the arbitration shall be conducted in accordance with applicable California law and the rules and standards of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. 15. ATTORNEY'S FEES The prevailing Party in any arbitration or litigation arising out of this Agreement shall be entitled to reasonable attorney’s fees, costs and expenses, in addition to any other relief to which that Party may be entitled. 16. ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the Parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior and contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. 17. SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the Parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 18. FEES, PERMITS, LICENSES, CERTIFICATIONS AND COMPLIANCE WITH LAWS AND REGULATIONS A.CONTRACTOR shall be responsible for procuring all necessary licenses and certifications for the performance of the SERVICES, and for paying all fees assessed in connection therewith. B.In the course of providing SERVICES pursuant to this Agreement, CONTRACTOR shall comply with all applicable federal, state, and local statutes, ordinances, regulations, rules and orders. 19. NOTICES Any notice, demand, information, invoice, report, or item otherwise required, authorized, or provided for in this Agreement, unless otherwise specified herein, shall be deemed properly given if delivered in person or sent by United States Mail, First Class postage prepaid to the addresses below. All notices shall be deemed effective upon receipt by the Party to whom such notice is given. To CONTRACTOR: To DISTRICT: General Manager Truckee Donner Public Utility District 11570 Donner Pass Road Truckee, CA 96161 TRUCKEE DONNER PUD AGREEMENT VEHICLE REPAIR SERVICES PAGE 00500-5 20. TIME OF ESSENCE Time is of the essence in this Agreement. 21. SIGNATURE CLAUSE The signatories hereto represent that they are authorized to enter into this Agreement on behalf of the party for whom they sign. TRUCKEE DONNER PUBLIC UTILITY DISTRICT CONTRACTOR By: ______________________________By: _____________________________ Brian Wright Its: Interim General Manager Its: _____________________________ Date: _____________________________Date: ___________________________ CONTRACTOR SOCIAL SECURITY OR TAX ID NUMBER: TRUCKEE DONNER PUD AGREEMENT VEHICLE REPAIR SERVICES PAGE 00500-6 Exhibt A Vehicle Repair Services Bid Schedule