HomeMy WebLinkAboutRES 1995-25 - Board RESOLUTION NO. 9525
OF THE
TRUCKEE DONNER '>PUBLIC UTILITY DISTRICT
APPROVING PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS
AND ISSUING A=CALL FOR BIDS ON THE
MARTIS FEEDER #3 - PHASE 2 PROJECT
(CROSSING TRUCKEE RIVER BRIDGE)
WHEREAS, District staff has recommended, and the Board of Directors of the Truckee
Donner Public Utility District has agreed, to go forward with the Martis Feeder#3 - Phase
2 Project; and
WHEREAS, District staff has prepared plans, specifications and contract documents for
the project; and
WHEREAS, this project was the subject of a negative declaration and the work was
determined to be categorically exempt pursuant to provisions of the California
Environmental Quality Act and District guidelines,
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner
Public Utility District as follows:
1. That the plans, specifications and bidding documents on file in the District's
Planning Department be approved and advertised in an appropriate
manner.
2. That the date and time of the bid opening be scheduled for 2:00 PM on
August 30, 1995.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held
within the District on the seventh day of August 1995 by the following roll call vote:
AYES: Aguera, Hemig, Maass and Jones.
NOES: None.
ABSENT.- Sutton.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Peter L. Holzmeiste/r, District Clerk
ATTE (_
Susan M. Craig, Deputy DistriafiClerk
smc
SPECIFICATIONS AND
CONTRACT DOCUMENTS FOR
TRUCKEE DONNER P.U.D.
MARTIS FEEDER #3 - PHASE 2
CROSSING TRUCKEE RIVER BRIDGE
BID OPENING - 2:00 PM, August 30, 1995
Contact person: Stephen Hollabaugh,
District Electrical Engineer
(916) 582-3934
INDEX
NOTICE & INSTRUCTIONS TO BIDDERS 1
BID SCHEDULE 6
REFERENCES & LIST OF SUBCONTRACTORS 7
GENERAL PROVISIONS 8
BID BOND 15
PERFORMANCE BOND 16
AGREEMENT A-1
TECHNICAL SPECIFICATIONS S-1
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
11570 DONNER PASS ROAD - POST OFFICE BOX 309
TRUCKEE, CALIFORNIA 96160
(916) 587-3896
1. NOTICE AND INSTRUCTIONS TO BIDDERS
Notice is hereby given that the Board of Directors of the Truckee Donner Public Utility District,
Nevada County, California, herein referred to as "Owner," will receive sealed proposals at the
District office, 11570 Donner Pass Road (Post Office Box 309), Truckee, California 96160 until
2:00 PM, August 30, 1995, at which time they shall be opened and publicly read for provision of:
MARTIS FEEDER #3 - PHASE 2
CROSSING TRUCKEE RIVER BRIDGE
Each bid must conform to the requirements of the specifications, copy attached.
No bid will be considered unless it is made on the form provided and accompanied by a bid bond
on the form attached or other acceptable form in the amount of $10,000 provided by a surety
licensed to do business in the State, conditioned that the bidder will pay the District as liquidated
damages the amount specified in the bond unless he or she enters into a contract in accordance
with his or her bid and furnishes a performance and payment bond herein mentioned within 15
days from the date at which he or she is notified that he or she is the successful bidder.
Within 15 days after notification of the award of the contract, the successful bidder or bidders will
be required to furnish a Performance and Payment Bond in an amount equal to $100,000. Said
bond shall be secured from a surety company satisfactory to the Owner.
Pursuant to Section 22300 of the Public Contract Code of the State of California, the contract will
contain provisions permitting the successful bidder to substitute securities for any moneys
withheld by the District to insure performance under the contract.
The Truckee Donner Public Utility District specifically reserves the right to reject any and all bids,
waive irregularities or informalities in any or all bids, 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.
2. WARNING TO BIDDERS
No bids will be received if detached from the form of contract with which it is bound, nor must any
of the accompanying papers be detached therefrom, but the entire package must be unbroken
and in good order, and enclosed in a sealed envelope when one bid is deposited. The successful
bidder will be required to enter into the contract attached to the proposal for the items covered
by the award.
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3. MANNER OF SUBMITTING BIDS
Prior to submitting bids make sure that:
a) The proposal is completed and signed.
b) The bid bond, if required, in the proper amount is attached to the
bid package.
C) The bid schedule is complete and the totals are correct.
An address label has been included as part of the bid package in order to assure proper handling
of the bid when it is received by the District. When submitting a bid, place the complete bid
document in an opaque sealed envelope, attach the address label supplied 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 plans,
specifications and site of the proposed improvements and by other examination and investigation
which they may wish to make as to the nature of the terrain and the difficulties encountered.
Filing of a bid shall constitute affirmation by the bidder that he or she has complied with the
following:
• a) Carefully examined the contract documents.
b) Included in the proposal 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 his or her
proposal of the contract.
5. SECURITY
The successful bidder shall enter into a contract in accordance with his or her bid and furnish a
performance and payment bond in an amount equal to $100,000 within fifteen (15) days from the
date at which he or she is notified that he or she is the successful bidder.
6. 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 interest of the District.
Each bid shall be deemed a firm offer continuing for thirty (30) days after the date set for the
opening of the bids.
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7. CONTRACT
• The contract includes all advertisements for bids, notice and instructions to bidders, bid schedule,
references, general provisions, attachments, bonds and agreement.
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.
8. 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.
9. BIDDER QUALIFICATIONS
Bids will be received from qualified bidders only. Minimum acceptable qualifications are as
follows:
a) Adequate financial resources to accomplish work required.
b) Adequate equipment to accomplish work required.
c) Sufficient experience in the type of work proposed.
d) Personnel with sufficient experience to accomplish work required.
e) No pending claims regarding performance, failure to deliver, labor
violations, etc.
f) The bidder shall provide a listing of all electric[and/or water] utilities
where crews are presently working or have worked within the past
twelve months.
g) Ability to provide proof of Workers' Compensation, public liability
and property damage insurance.
h) The bidder shall have a current, valid and appropriate Contractor's
License for the State of California for the work to be performed.
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• 10. PROPOSAL MODIFICATIONS
Proposals may be modified up until the time of bid opening. Modifications must be in writing.
No telegraphic or telephone modifications will be allowed.
11. PROPOSAL WITHDRAWAL
Proposal may be withdrawn any time prior to the time set for bid opening. Once proposals are
opened, they may not be withdrawn until expiration of the proposal or sixty (60) days, whichever
occurs first. All proposals shall be firm for not less than thirty (30) days.
12. 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 or telegraphic notice
which will state the new opening time and date.
13. INTERPRETATION OR CORRECTION OF CONTRACT
The bidder shall promptly notify the District of any ambiguity, inconsistency, or error which they
may discover in the contract or, if applicable, the site or local conditions.
If the bidder requires clarification or interpretation of the contract, he or she shall make a written
request to reach the District seven 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 by
signing in the space provided and attaching each addendum to the bidder's proposal.
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.
14. ENVIRONMENTAL PROVISIONS
It shall be the duty of the contractor to familiarize himself or herself with, and to comply with
applicable environmental laws in this project.
15. SOURCE OF FUNDS AND LIMITATION OF DAMAGES
Bidder is hereby informed that funds for this project are limited and are public funds derived
through revenues appropriated for this project through the budgetary process. The District's
decision to proceed with this project and to award a contract to the successful bidder is
dependent upon the bidder'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 bidder is awarded the contract
for the work stated herein and a dispute arises between the bidder and the District regarding
unreasonable delays, claims for extra compensation, or any of the provisions of the contract, the
bidder 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.
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16. AFFIDAVIT
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
State of California
County of
being first duly sworn, deposes and says that he or she is
of , the party making the foregoing
bid that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other
bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid or that anyone shall
refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that 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, or paid, and will
not pay, any fee to any corporation, partnership, company, association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
•
Bidder
•
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• BID SCHEDULE
Mar-Us Feeder No. 3 - Phase 2
Truckee Donner PUD
Truckee, California
Bid Description Est. Unit Unit Price Total
Item Qty.
1. Mobilization and Demobilization 1 LS $ $
2. Furnish and install risers including
excavation, bedding, conduits, fittings,
backfill, concrete placement, compaction,
site restoration, and all other items required.
2a. Power Risers (Location #1) 1 EA $ $
3. Furnish and install precast manholes
including excavation, bedding, placement,
backfilling, compaction, site restoration, and
all items required.
. 3a. Power Vaults - 577TD with Traffic Rated 1 EA $ $
Cover (4878HD36/cover)(Location #3)
4. Furnish and install conduit trench including
excavation, bedding, conduit, fittings,
spacers, backfill, concrete placement,
asphalt patch, compaction and site
restoration. Also connecting to existing pipe
on each side of the Truckee River Bridge.
4a. Trench-Power (approx. 615 LF) (Location 1 LS $ $
#2,#4,#5,and #7 on U.G. Electrical Layout
Sheet 2.)
5. Install Cable in existing and installed vaults 1 LS $ $
and conduits. (approx 750 LF)
6. Flagging and Traffic Control for entire 1 LS $ $
Project in accordance with Cal. Trans
Requirements.
TOTAL BID PRICE $
•
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REFERENCES
UTILITY NUMBER OF CREWS DATE CONTRACTED
Foreperson's immediate supervisor:
Name: Name:
Location: Location:
Phone: Phone:
NAME AND ADDRESS OF SUBCONTRACTORS
Following is the name and location of the mill, shop or office of each subcontractor who will perform
work or labor or render services to the above-signed bidder, and the type of work performed.
NAME AND ADDRESS OF SUBCONTRACTOR TYPE OF LICENSE #
SERVICES
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PART
GENERAL PROVISIONS
101. GENERAL
These specifications cover work as assigned on the District's Martis Feeder#3-Phase 2 Project.
102. DEFINITIONS
a) "District" - the Truckee Donner Public Utility District acting through
its duly qualified representatives and one of the parties to this
contract.
b) "Contractor'-the individual, firm or corporation supplying labor and
equipment for the Martis Feeder#3-Phase 2 Project as covered by
these specifications.
c) "Superintendent" - the individual employed by the District to plan
and direct the activities covered by these specifications.
d) "Base" - location at which the work day begins and ends.
103. TERM
The term of this contract shall be from September 5, 1995 to October 13, 1995.
104. QUANTITY OF WORK
The total amount of work to be performed under this contract is the amount which the District
requires at its discretion. The District does not represent that it will require any work under this
contract. The quantity of work used to establish the amount of the proposal security in the
proposal form is not an estimate of the quantity of work to be performed under this contract, but
is for the sole purpose of establishing the amount of the proposal security and to provide a basis
for comparing bids. Although there is no guarantee of any particular quantity of work which the
District may require during the contract period, it is anticipated that the total amount of such
contract will not exceed $100,000.
105. LOCATION
Crew shall be based in Truckee, California.
106. DISTRICT'S STATUS
The District shall have general supervision and direction of the work. It has authority to stop the
work whenever stoppage may be necessary to insure the proper execution of the contract. It
shall also have the authority to reject all work, materials and equipment which do not conform to
the contract, and to decide questions which arise in the execution of the work, to direct application
• of the forces to any portion of the work as in its judgment is required, and to order the force
increased or diminished.
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• The District and its representatives shall at all times have access to the work wherever it is in
preparation or progress and Contractor shall provide proper facilities for such access and for
inspection.
107. SURVEYS, PERMITS AND EASEMENTS
The District shall furnish all surveys unless otherwise specified. All permits and easements
required of the District and necessary for the work will be obtained by the District unless
otherwise specified.
108. DETAIL DRAWINGS AND INSTRUCTIONS
The District shall furnish with reasonable promptness, additional instructions, by means of
drawings or otherwise, necessary for the proper execution of the work. All such drawings and
instructions shall be consistent with the contract documents.
109. SUSPENSION OF THE WORK
a) Temporary - The District may at any time temporarily suspend the
work, either wholly or in part, by orally giving notice of such
suspension. Upon receipt of such notice, Contractor shall
immediately suspend operations on that portion of the work ordered
suspended. In the event that the District orders a resumption of
work on the same day on which it issued a notice of suspension,
the District will pay Contractor for standby time for labor and
equipment actually idled. Compensation for labor will be at the
straight time hourly cost stated in Contractor's proposal. Except as
herein provided, suspension of the work by the District shall not
furnish any grounds for claims by Contractor for damages or extra
compensation.
b) Extended - The District may at any time order an extended
suspension of the work, or any part thereof, for any length of time
by giving oral notification of suspension to Contractor, to be
followed by written confirmation of such suspension. Upon receipt
of such notice, Contractor shall immediately suspend operations on
that portion of the work ordered suspended. The work shall be
resumed by Contractor as soon as possible, but no later than ten
days after the date of oral notification, followed by confirming
written notice from the District to Contractor to resume work. The
compensation under this contract being on an hourly basis for
actual work performed as required by the District, suspension of
work by the District for an extended period of time shall not furnish
any grounds for claims by Contractor for damages or extra
compensation.
110. CUSTOMER RELATIONS
. Contractor agrees that its personnel and equipment shall at all times present a neat appearance;
all work shall be done, all contacts with customers and all complaints handled with due regard
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for the District's public relations. Contractor agrees that complaints of any nature received from
• property owners or public authorities shall receive immediate attention. All complaints and any
action taken by Contractor with such complaints shall be reported to the District.
111. SUPERVISION
a) Contractor shall cause the work done under this contract to receive
constant supervision by a competent foreperson who shall be
present at all times during working hours where work is being
carried on. Directions and instructions given to the foreperson by
the superintendent shall be binding upon Contractor.
b) Contractor shall insure that he or she employ such skilled workers
as may be required for the various classes of work to be performed.
c) Contractor shall provide the location and name of the foreperson's
immediate supervisor.
112. PERMITS AND RIGHTS-OF-WAY
a) The District will acquire the necessary rights-of-way and permits to
enable Contractor to perform work covered under terms of this
contract.
• b) Contractor shall obtain all other permits, including CalTrans
encroachment permits, required in the normal performance of his
or her duties.
113. CREW
Each crew supplied by Contractor shall consist of:
a) Four men minimum - when working on or within proximity to
energized lines and equipment.
b) One Foreman - Qualified to supervise and perform all related work around
energized primary electrical conductors and related equipment.
c) Two Journeyman Lineman/Splicer - minimum when working on energized lines,
qualified to perform overhead and underground work around energized primary
electrical conductors and related equipment.
d) Groundmen or Laborers - May be used to substitute Journeymen on the crew but
may not be used for climbing or other Journeyman work. May be used to aid in
trenching and the installation of related underground facilities.
e) Operator - Qualified to operate required mechanical equipment for the execution
of the project.
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114. EQUIPMENT
• Contractor shall supply and maintain in good working order the equipment necessary for
completion of the project.
115. DISPOSAL OF SPOILS
Contractor shall dispose of all excess excavated materials in a manner satisfactory to the District
and/or the property owners and public authorities.
Disposal of material by scattering along Federal, State, County, and City rights-of-way is not
acceptable, unless Contractor obtains written permission from the appropriate authority.
116. LABOR
a) All laborers, workers or mechanics in each trade or occupation
required for the performance of this work employed in the
performance of the contract either by Contractor, subcontractor or
other person doing or contracting to do the whole or any part of the
work contemplated by this contract shall be paid not less than the
prevailing rate of wage.
b) The general prevailing rates of wages applicable to the work to be
done are set forth in the General Prevailing Wage Determination
• made by the Director of Industrial Relations pursuant to California
Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and
1773.1.
c) The District shall comply with the provisions of Section 1775 of the
California Labor Code regarding penalty assessment. It shall be
Contractor's responsibility to comply with all sections of the
California Labor Code, specifically including, but not limited to,
Section 1776 of the California Labor Code related to payroll records
and with Section 1777.5 of the California Labor Code related to
employment of apprentices and the ratio of apprentices to
journeyman.
d) Contractor, on or before the date of commencement of work shall
file a statement under oath with the District and certified by the
Labor Commissioner certifying the rate of hourly wage paid and to
be paid each classification of worker entitled to prevailing wages
and the number of workers in each classification employed upon
the work by Contractor or subcontractor which shall not be less
than the prevailing rate of wages, and no payment shall be made
on this contract until the receipt of such certified statement. The
statement of intent to pay prevailing wages shall include
Contractor's registration certificate number. Such statement and
any supplemental statements which may be necessary shall be
• filed in accordance with the practices and procedures required by
the Labor Commissioner.
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• For a contract in excess of $10,000, Contractor shall post in a location readily visible to
workers at the job site the following:
1) A copy of the statement of intent to pay prevailing
wages approved by the Labor Commissioner.
2) The address and telephone number of the Labor
Commissioner where a complaint or inquiry
concerning prevailing wages may be made.
In case any dispute arises as to what the prevailing
rates of wages are for work similar to that which is
contemplated by this contract and such dispute
cannot be adjusted by the interested parties,
including labor and management representatives,
the matter shall be referred for arbitration to the
Labor Commissioner and its decision shall be final
and conclusive and binding on all parties involved in
the dispute.
e) Discipline-Contractor shall at all times enforce strict discipline and
good order among his or her employees, and shall not employ on
the work any unfit person or anyone not skilled in the work
assigned to him or her.
• Neither party shall employ or hire any employee of the other party
without the written consent of the other party.
f) Workers'Compensation-Before commencement of any work under
this agreement, Contractor shall take out and thereafter during the
life of this agreement, maintain in full force and effect,
compensation insurance covering Contractor's full liability for
compensation to any person or persons who are or may be
engaged in the execution of the work done under this agreement,
and to the dependents of such person or persons in compliance
with Labor Code Section 3700 and all Workers' Compensation
Insurance and safety laws of the State of California and
amendments thereto.
g) Sanitation - Necessary sanitation conveniences for the use of
workers on the job, properly secluded from public observation, shall
be provided and maintained by Contractor.
117. LAWS AND REGULATIONS
Permits, permission under franchises, licenses and bonds of a temporary nature necessary for
the prosecution of the work and inspection fees in connection therewith shall be secured and paid
for by Contractor.
• Contractor shall give all notices and comply with all laws, ordinances, rules and regulations
12
• bearing on the conduct of the work as drawn and specified. If Contractor observes that the
drawings and specifications are at variance therewith, he or she shall promptly notify the District
in writing, and any necessary changes shall be adjusted as provided in the contract for changes
in the work. If Contractor performs the work contrary to such laws, ordinances, rules and
regulations, and without written notice to the District, he or she shall bear all costs arising
therefrom.
118. USE OF SITE
Contractor shall confine operations at the sites to areas permitted by law, ordinances, permits and
the contract documents and shall not unreasonably encumber the sites with any materials or
equipment.
119. CLAIMS FOR EXTRA COST
If Contractor claims that any instructions by drawings, or otherwise, involve extra costs under this
contract, he or she shall give the District written notice thereof within ten calendar days after the
receipt of such instructions, by forwarding such written notice by registered mail to the General
Manager, or by personally filing such notice upon the Board of Directors of the District, and in any
event, before proceeding to execute the work, except in emergency endangering life or property;
the procedure shall then be as provided in these specifications. If no written claim is made within
this ten day period, such action will constitute acceptance by Contractor that no claim for extra
cost is involved.
• 120. CLAIMS BY CONTRACTOR
Any claim brought by Contractor in an amount of$375,000 or less which arises out of the terms
of this agreement shall be filed and thereafter adjudicated pursuant to California Public Contract
Code Sections 20104-20104.8, which provide for the filing of a written claim, consideration of the
claim by the District, an opportunity to meet and confer, and the possibility of judicially-ordered
mediation and/or arbitration. Contractor is advised that Public Contract Code Sections 20104-
20104.8 contain strict time limits and procedural requirements, and Contractor is advised to
consult with an attorney in the event that it desires to file a claim with the District
Payment of undisputed contract amounts is contingent upon Contractor furnishing the District with
a release of all claims against the District arising by virtue of the public works contract related to
those amounts.
Contractor shall not cause a delay of the work because of the pendency of any claim, except with
the written permission of the District, and then only until the arbitrators shall have an opportunity
to determine whether or not the work shall continue until they decide the matters in dispute.
121. WAIVER OF CLAIMS
The acceptance of final payment shall constitute a waiver of all claims by Contractor except those
previously made in writing and still unsettled.
122. WRITTEN NOTICE
• Written notice shall be deemed to have been duly served if delivered in person to the General
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Manager of the District, or the office of Contractor as set forth in these contract documents, or
40 by registered or certified mail to the last business address known to him or her who gives the
notice.
123. NOTICE TO PROCEED
Notice to proceed is issued by the District upon the execution of the agreement form and
satisfactory submission of a performance bond and proof of insurance.
124. PROTECTION OF WORK AND PROPERTY
Contractor shall continuously maintain adequate protection of all his or her work from damages
and shall protect the District's property from injury of loss arising in connection with this contract.
He or she shall make good any such damage, injury or loss, except such as may be directly due
to errors in the contract documents or caused by agents or employees of the District. He or she
shall adequately protect adjacent property as provided by law and the contract documents. He
or she shall provide and maintain all passageways, protective devices, guard fences, lights and
other facilities for protection required by public authority or local conditions.
All construction operations shall be conducted in such manner as to interfere as little as possible
with the normal procedure of traffic.
125. CONTRACT PRICE AND PAYMENT
• Contractor shall submit to the District no more often than twice a month statements of the amount
due for work performed under this contract itemized as prescribed by the District. Payments to
Contractor will be made by the District within a reasonable time after receipt and approval of
Contractor's statement.
Payment will not be made for equipment down time or for equipment that is not used.
Contractor may, pursuant to and in conformity with Public Contract Code Section 22300,
substitute eligible securities for any monies withheld by the District to ensure performance under
this agreement. At the request and expense of Contractor, securities equivalent to the amount
withheld shall be deposited with the District, or with a state or federally chartered bank as the
escrow agent, who shall then pay such monies to Contractor. Upon satisfactory completion of
this agreement, the securities shall be returned to Contractor. Securities eligible for investment
under this Section shall include those listed in Government Code Section 16430, bank or savings
and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of
credit, or any other security mutually agreed to by Contractor and the District. Contractor shall
be the beneficial owner of any securities substituted for monies withheld and shall receive any
interest thereon. All provisions of Section 22300 are incorporated herein.
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. BID BOND
KNOW ALL MEN AND WOMEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and as Surety, are hereby held and firmly bound unto
as OWNER in the penal sum of
for payment of which, well and truly to be made, we hereby
jointly and severally bind ourselves, successors and assigns.
Signed this_day of
The condition of the above obligation is such that whereas the Principal has submitted to
a certain BID, attached hereto and hereby made a part hereof to enter
into a contract in writing, for miscellaneous overhead and underground line work.
NOW, THEREFORE:
a) If said BID shall be rejected, or
b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the form of contract attachment
hereto (properly completed in accordance with said BID) and shall furnish BONDS for faithful performance of said
contract, and for the payment of all persons performing labor, furnishing materials in connection therewith, and shall in
all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void,
otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the
Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be
in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said
Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as
are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper
officers, the day and year first set forth above.
Principal
Surety
By
*IMPORTANT: Surety companies executing BONDS must appear on the Treasury Departments most current list(Circular
• 570 as amended) and be authorized to transact business in the State of California where the project is located.
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PERFORMANCE AND PAYMENT BOND
(Principal), and
a corporation organized underthe laws of the State of and authorized
to execute bonds and undertakings as sole surety (Surety), are held and firmly bound to the
TRUCKEE DONNER PUBLIC UTILITY DISTRICT (District), in the sum
of ($ )for payment of which sum,
well and truly to be made, Principal and Surety bind themselves, their administrators, successors
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT:
Principal has entered, or is about to enter, into a certain contract with District, entitled [PROJECT
DESCRIPTION), a true and correct copy of which Contract is presently on file in the office of
District, in Truckee, California, which Contract is hereby referred to and made a part hereof.
NOW, THEREFORE, if Principal shall well and truly perform the obligations contracted to be
performed under this agreement and during the one year period after performance of all of those
obligations described below, then this obligation shall be void. Otherwise it shall remain in full
force and effect.
• NOW, THEREFORE, if Principal, or Principal's subcontractors, fail to pay any of the persons
named in Civil Code Section 3181, or fail to pay for any materials, provisions, provender, or other
supplies, or teams, used in, upon, for or about the performance of the work contracted to be
done, or fail to pay for any work or labor thereon of any kind, or any amounts due under the
Unemployment Insurance Code with respect to work or labor performed under the Contract, or
fail to pay any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from wages of employees of Contractor and subcontractors, pursuant
to the Unemployment Insurance Code, and also, in case suit is brought upon this bond, fail to pay
a reasonable attorney's fee to be fixed by the Court, Surety will pay for the same in an amount
not exceeding the sum specified in this bond, subject to the waiver of Civil Code Section 2819
below.
No prepayment or delay in payment and no change, extension, addition, or alteration of any
provisions of said Contract or in the plans and specifications agreed to between Principal and
District and no forbearance on the part of District shall operate to release Surety from liability on
this bond, and consent to make such alterations without further notice to or consent by Surety is
hereby given, and Surety hereby waives the provisions of Section 2819 of the Civil Code of the
State of California.
This bond is given to comply with the requirements of the mechanic's lien/stop notice-public works
laws, contained in the Civil Code and the provisions of Section 3247 et seq. of the Civil Code of
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the State of California, and all laws amendatory thereof.
40 Dated this day of 19_
Principal
By
Title
Address
Surety
By
Title
Address
i
The rate of premium on this bond is $ per thousand dollars. Total amount of
premium charged is $
Bond number:
(Attach acknowledgements)
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AGREEMENT
This agreement is entered into as of the_day of , 1993, by and between the Truckee
Donner Public Utility District, a local public agency of the State of California (the "District" and/or"Owner")
and ("Contractor"). The parties hereto agree as follows:
1. DESCRIPTION OF WORK
Contractor agrees, for the consideration and under the terms and conditions hereinafter set forth, to furnish
and transport all necessary labor, tools, implements, and appliances required to perform and completely
finish in a workpersonlike manner to the satisfaction and approval of the District, free of any and all liens
and claims of laborers, materialpersons, suppliers,and subcontractors, and in conformity in all respects with
all applicable federal, state and county ordinances, rules, and regulations, to perform the Martis Feeder#3-
Phase 2 Project (crossing of Truckee River Bridge), hereafter referred to as the "Project," which is
described on the Notice and Instructions to Bidders, Bid Schedule, References, General Provisions,
Attachments, Bonds and on Contractor's Bid, all of which are attached hereto and incorporated herein by
reference.
2. CONTRACT PRICE
The District shall pay Contractor the price set forth in Contractor's bid hereinafter called "Contract Price"
and as described in Section 125 of the General Provisions.
3. PERFORMANCE AND PAYMENT BOND
. Contractor, at his or her own cost and expense, shall procure and maintain during the term of this
agreement, a surety bond in a form satisfactory to the District, in a sum not less than the contract price,
to guarantee faithful performance of all of Contractor's obligations as set forth herein, and to secure
payment to its subcontractors, and all other persons performing labor or providing material, including the
rental of equipment, relating to the project as provided herein.
4. COMPENSATION INSURANCE
Contractor shall procure and shall maintain during the life of the contract, Workers' Compensation
Insurance for all of his or her employees to be engaged in work. In case of any such work sublet,
Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of
the latter's employees to be engaged in such work unless such employees are covered by the protection
afforded by Contractor's Workers' Compensation Insurance.
5. RESPONSIBILITIES OF PUBLIC AGENCY
The District shall assume the responsibility, between the parties to this Agreement, for the timely removal,
relocation, or protection of existing main or trunk line utility facilities located on the site of any construction
project that is a subject of this Agreement, if such utilities are not identified by the District in the plans and
specifications made a part of the invitation for bids. The contractor shall be compensated for the costs of
locating, repairing damage not due to the failure of the contractor to exercise reasonable care, and
removing or relocating such utility facilities not indicated in the plans and specifications with reasonable
accuracy, and for equipment on the project necessarily idled during such work and the contractor shall not
be assessed liquidated damages for delay in completion of the project, when such delay was caused by
the failure of the District or the owner of the utility to provide for removal or relocation of such utility
facilities.
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Nothing herein shall be deemed to require the District to indicate the presence of existing service laterals
or appurtenances whenever the presence of such utilities on the site of the construction project can be
40 inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or
adjacent to the site of the construction; provided, however, nothing herein shall relieve the District from
identifying main or trunk lines in the plans and specifications.
Nothing herein shall preclude the District from pursuing any appropriate remedy against the utility for delays
which are the responsibility of the utility.
Nothing herein shall be construed to relieve the utility from any obligation as requir(iWith)erlaw or be
contract to pay the cost of removal or relocation of existing utility facilities.
If the contractor while performing the contract discovers utility facilities not identified by the District in the
contract plans or specifications, he or she shall immediately notify the District and utility in writing.
The District, where they are the owner, shall have the sole discretion to perform repairs or relocation work
or permit the contractor to do such repairs or relocation work at a reasonable price.
6. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE
Contractor shall furnish satisfactory proof, by certificate presented to the District within fifteen days of the
date of the contract, that he or she has public liability and property damage insurance. The insurance shall
protect both Contractor and the District, its officers and/or agents against loss from all liabilities imposed
by law, and shall be maintained in full force and effect during the performance of the contract and in the
following amounts:
a) Limit of liability for personal injury or accidental death - one person,
$1,000,000; aggregate liability per accident, $5,000,000.
b) Limit of liability for property damage - $1,000,000 aggregate liability for
loss per accident.
7. INDEMNITY AGREEMENT
Contractors shall indemnify and save harmless the District and its agents and servants, and each of them,
of and from any and all claims, demands, causes of action, damages, costs, expenses, losses, or liabilities,
in law or in equity, of every kind and nature whatsoever, for, but not limited to, injury to or death of
Contractor, any subcontractor, or any employees of the District, Contractor, or subcontractor, or any other
person, and arising out of or in any manner directly or indirectly connected with the work to be performed
under this agreement, however caused, regardless of any negligence of the District or its agents or
servants, be it active or passive, except the sole negligence or willful misconduct of the District or its agents
or servants. Said indemnification shall include the defense of any actions or other legal proceedings and
reimbursement of attorneys' fees and other legal expenses incurred by the District and shall include any
and all penalties imposed upon the District on account of the violation of any law or regulation by
Contractor.
8. GUARANTEE
The bidder guarantees that the equipment and labor furnished under the contract meets all the
requirements of the specifications.
9. NOTICES
Any and all notices or other matters required or permitted by this agreement or by taw to be served on,
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given to, or delivered to either party hereto by the other parry to this agreement shall be in writing and shall
be deemed duly served, given, or delivered when personally delivered to the party to whom it is addressed
or in lieu of such personal service, five days after deposited in the United States mail, first-class postage
paid, addressed to the District at Post Office Box 309, Truckee, California 96160, or to Contractor at
Either party, the District or Contractor, may change its address for the purpose of this section by giving
written notice of such change to the other party in the manner provided in this section.
10. ATTORNEYS', EXPERTS' AND CONSULTANTS' FEES
In the event of any litigation concerning any controversy, claim or dispute between the parties hereto,
arising out of or relating to this agreement or the breach hereof, or the interpretation hereof, the prevailing
party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees, experts' fees,
and consultants' fees, and costs incurred therein or in the enforcement or collection of any judgment or
award rendered therein.
11. CAPTIONS
The captions and headings of the different sections of this agreement are inserted for convenience of
reference only, and are not to be taken as part of this agreement or to control or affect the meaning,
construction, or effect of the same.
12. NECESSARY ACTS
Each party to this agreement agrees to perform any further acts and execute and deliver any further
documents that may be reasonably necessary to carry out the provisions of this agreement.
13. ASSIGNMENT
Neither party may assign this agreement, or payments due under the agreement without the written consent
of the other party.
14. GOVERNING LAW
This agreement shall be construed in accordance with, and governed by, the laws of the State of California.
15, FORUM
Any litigation to enforce or interpret the provisions of this agreement or the parties' rights and liabilities
arising out of this agreement or the performance hereunder shall be maintained only in the courts in the
County of Nevada, State of California.
16. SOLE AND ONLY AGREEMENT
This agreement, including any exhibits attached hereto, constitutes the sole and only agreement of the
parties hereto relating to the project and correctly sets forth the rights, duties and obligations of each to the
other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set
forth in this agreement are of no force and effect.
17. DISTRICT POWERS
Nothing herein contained shall be deemed to limit, restrict or modify any right, duty or obligation given,
granted, or imposed upon the District by the laws of the State of California now in effect, or hereafter
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adopted, nor to limit or restrict the power or authority of the District.
0 18. TIME OF ESSENCE
Time is of the essence of this agreement.
19. SEVERABILITY
In the event that any part or provision of this agreement is found to be illegal or unconstitutional by a court
of competent jurisdiction, such findings shall not affect the remaining parts, portions, or provisions of this
agreement.
20. CONTRACTOR'S WAIVER
Contractor agrees to waive the provisions of California Civil Code Section 2819 with respect to Contractor
and any surety engaged by Contractor to provide a performance, payment, or maintenance bond pursuant
to the terms of this agreement.
21. ASSIGNMENT OF RIGHTS
Contractor agrees to assign to the District all rights, title, and interest in and to all causes of action it may
have under the Cartwright Act (Chapter 2, commending with Section 16700, of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the
agreement and that such assignment shall be made and become effective at the time the District tenders
final payment to Contractor, without further acknowledgment by the parties.
• In witness whereof this instrument is executed by the duly authorized officials on the date first above
written.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Peter L. Holzmeister, General Manager
Attest
Susan M. Craig, Deputy District Clerk
CONTRACTOR
Attest
•
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TECHNICAL SPECIFICATIONS
smc-agree\martis
• 8/2/95
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