1-25 26-31 Truck Hauling Services.pdf

INVITATION FOR BIDS

FOR

TRUCK HAULING SERVICES (IFB 25/26-31)

ISSUE DATE: April 16, 2026

Issued by:

Renee Gonzalez, Buyer

Procurement & Contracts Division Alameda County Water District

43885 S. Grimmer Blvd.

Fremont, CA 94538 Tel.: (510) 668-4294

TABLE OF CONTENTS

SECTION 1: INVITATION

SECTION 2: INFORMATION / INSTRUCTIONS TO BIDDERS

2.1 DEFINITIONS

2.2 BACKGROUND

2.3 EXAMINATION OF BID DOCUMENTS

2.4 SOLICITATION TIMELINE

2.5 PRE BID MEETING & SITE VISIT

2.6 BIDDER QUESTIONS

2.7 POINT OF CONTACT

2.8 ADDENDA TO THE SOLICITATION

2.9 BIDDER QUALIFICATIONS

2.10 PREPARATION AND SUBMISSION OF BIDS

2.11 SUBMITTALS

2.12 PRICING

2.13 GROUNDS FOR REJECTION

2.14 PERIOD FOR ACCEPTANCE OF BIDS

2.15 MODIFICATION, WITHDRAWAL, MISTAKES, AND MINOR INFORMALITIES

2.16 RESERVATIONS

2.17 MULTIPLE BIDS

2.18 TIE BIDS

2.19 NO WAIVER

2.20 SUBSTITUTIONS

2.21 AWARD OF CONTRACT

2.22 EXECUTION AND ACCEPTANCE OF THE CONTRACT

2.23 PUBLIC RECORDS

2.24 PREVAILING WAGES

2.25 FOB POINT

2.26 PROMPT PAYMENT DISCOUNT

SECTION 3: SCOPE OF WORK/SERVICES AND SPECIAL PROVISIONS

3.1 GENERAL DESCRIPTION

3.2 SCOPE OF WORK

3.3 CONTRACT DOCUMENTS

3.4 ECONOMIC PRICE ADJUSTMENT

3.5 DISTRICT HOLIDAYS

3.6 STATUS OF CONTRACTOR, LICENSES AND PERMITS

3.7 DISTRICT’S MAIN FACILITIES

3.8 WORK AREAS AND ACCESS

3.9 SITE CONDITIONS

3.10 ACCIDENT PREVENTION / SAFETY

3.11 CALIFORNIA AIR RESOURCES BOARD (CARB) REGULATIONS

SECTION 4: TERMS AND CONDITIONS

SECTION 1: INVITATION

The Alameda County Water District (District) is requesting bids from prospective Bidders for truck hauling services as specified in this Invitation for Bid (IFB). The District has three facilities within its service area, the cities of Fremont, Newark and Union City, located in Alameda County, where the services shall be performed. The District’s intent is to issue a Contract with a two-year base term beginning on July 1, 2026 through June 30, 2028 with three one-year options to renew. The District estimates an approximate yearly expenditure of up to $100,000.00 per year, with a possible spend of $500,000 over the potential five (5) year term of the contract.

SECTION 2: INFORMATION / INSTRUCTIONS TO BIDDERS

2.1 DEFINITIONS

Whenever the following words occur in this Contract, they shall have the following meanings:

BIDDER means any potential Contractor who responds to this Invitation for Bids.

COMPETITIVE SEALED BIDDING is a transparent procurement method in which Bids from competing contractors, suppliers, or vendors are invited by openly advertising the scope, specifications, and terms and conditions of the proposed Contract. Award is typically made to the lowest responsive and responsible Bidder.

CONTRACT ADMINISTRATOR shall mean the District employee under whom the Contract will be performed, directed, inspected and supervised. Any reference to the Contract Administrator in the Contract shall mean the Contract Administrator or designated representative.

CONTRACTOR or CONSULTANT means any person having a Contract with ACWD.

DISTRICT or ACWD shall mean the Alameda County Water District.

INVITATION, INVITATION FOR BIDS, or IFB means all documents, whether attached or incorporated by reference, utilized for soliciting sealed competitive Bids, also referred to as Solicitation.

PURCHASING OFFICER mean the ACWD employee duly authorized to enter into and administer contracts and make written determinations with respect thereto.

RESPONSIBLE BIDDER means a Contractor who has the capability in all respects to perform fully the requirements stated in the Invitation for Bids and who has the integrity and reliability that will assure good faith performance.

RESPONSIVE BIDDER means a Contractor who has submitted a Bid that fully conforms to the requirement of the Invitation for Bids.

WORK means the requested services, supplies or equipment.

2.2 BACKGROUND

The District is a California Special District located in the San Francisco Bay Area. The District supplies water to the cities of Fremont, Newark, and Union City in southern Alameda County. The first water district formed in California under the County Water District Act of 1913, the District today has a staff of approximately 240 employees and supplies drinking water to more than 348,000 people. The District covers approximately 105 square miles and provides water service through over

87,000 connections. With diverse water sources that include the State Water Project, water imported from the City and County of San Francisco Water Department, and local groundwater, the District has consistently been able to accomplish its mission of providing a reliable supply of high quality water at a reasonable price to its customers.

2.3 EXAMINATION OF BID DOCUMENTS

• The Work described herein shall be in accordance with ACWD’s Specifications, current Terms and Conditions, Special Provisions contained or referenced in this Solicitation.

• Before submitting a Bid, each Bidder must (a) examine the Bid Documents thoroughly and (b) familiarize itself with any applicable Federal, State and local laws, ordinances, rules and regulations, and specifications affecting performance of the Work in this IFB.

• The submission of a signed Bid will certify that the Bidder has read, understands and can comply with every requirement of this IFB, including its terms and conditions, under which this IFB will be awarded, administered, and performed.

2.4 SOLICITATION TIMELINE

The following is the anticipated Solicitation timeline. The District reserves the right to extend any deadline in the timeline below by issuance of an addendum.

Activity Date

Bid Issued: Apri 16, 2026 Pre-Bid Meeting & Site Visit: N/A Questions From Bidders Due: April 24, 2026 District’s Responses to Questions (Addendum): April 29, 2026 Bid Due Date: May 14, 2026 by 2:00 p.m.

Anticipated Award: June 2026

2.5 PRE BID MEETING & SITE VISIT

The District will not hold a Pre-Bid Meeting or Site Visit for this project.

2.6 BIDDER QUESTIONS

All prospective Bidders must carefully examine the Solicitation documents, including terms and conditions. In the event of doubt of anything contained in this IFB, all questions or requests for clarification about the meaning or intent, discrepancies or omissions of the bid documents shall be submitted in writing no later than date specified in Section 2.4 via the District’s E-Procurement system website at https://acwd.bonfirehub.com.

Responses to questions and requests for clarification will be posted to the District’s E-Procurement system website via https://acwd.bonfirehub.com no later than date specified in Section 2.4.

Only questions answered in a formal written response will be binding. Oral and other interpretations or clarifications will be without legal effect. Any information given to a prospective Bidder by the District will be furnished to all prospective Bidders, if that information is necessary in submitting Bids, or if the lack of such information would be prejudicial to other prospective Bidders.

https://acwd.bonfirehub.com/portal/?tab=openOpportunities

Bidders are responsible for checking the District’s website for any addenda. The District makes no guarantee that any questions submitted after the deadline will be answered.

2.7 POINT OF CONTACT

The Point of Contact for this solicitation is Renee Gonzalez, renee.gonzalez@acwd.com.

Bidders are not permitted to contact District employees, other than the Point of Contact identified above regarding this IFB.

2.8 ADDENDA TO THE SOLICITATION

Each Bidder shall acknowledge receipt of any addendum to this Solicitation by acceptance of the addendum on the District’s e-procurement system. Failure to acknowledge the addenda prior to the time and place specified for receipt of Bids may render the Bid non-responsive.

2.9 BIDDER QUALIFICATIONS

• Performance and Experience Bidder shall be responsible and have the capability to properly furnish the Services and shall have the necessary expertise, personnel, equipment, and sufficient capital to provide the Work.

• Minimum Experience Bidders shall have a minimum of five years’ experience performing work of similar scope and size. Bidders must possess and maintain a valid Motor Carrier Permit throughout the term of the contract, as evidenced by a copy of the permit. Proposed driver(s) must have a Commercial Driver’s License (CDL) and a clean driving record for a minimum of three (3) years, as evidenced with a copy of the state of California Department of Motor Vehicle form INF-70 or INF-1125, issued no earlier than January 1, 2026.

• References Bidder shall be required to provide three (3) customer references (government or private industry for contracts of similar scope and size completed within the last three (3) years. These customers may be contacted by the District. Responses will be considered by the District in assessing Bidder responsibility. Customer contact information must be submitted via https://acwd.bonfirehub.com.

2.10 PREPARATION AND SUBMISSION OF BIDS

• Bid Forms Each Bidder shall submit a Bid using the Forms in Appendix A, provided by the District via https://acwd.bonfirehub.com. All forms must be completed in full, and all blank spaces shall be properly filled in. Each Bidder shall state a fully burdened cost for the stated commodity listed in the IFB. Bidders shall comply with instructions in the Bid.

Unless specifically called for in the IFB, alternate Bids will not be considered, and the Bid shall be deemed non-responsive.

Any required attachments shall be submitted in via https://acwd.bonfirehub.com. Any bid submissions not submitted to the address listed shall not be considered. Each bid must be received with guaranty, if applicable, prior to the time set for the receipt of Bids. No other method of submission, other than those specified herein, shall be considered.

mailto:renee.gonzalez@acwd.com https://acwd.bonfirehub.com/

Unauthorized conditions, limitations or provisions attached to a bid will render the bid non-responsive.

• Location & Timely Delivery The Bidder shall assume full responsibility for timely delivery via https://acwd.bonfirehub.com for receipt of Bids.

Upon receipt by the Procurement & Contracts Division, each Bid shall be stamped with the time and date received via the District’s E-Procurement System.

Any Bid received after the exact time for receipt as specified in Section 2.4 will not be considered for award. However, an exception may be made when a late Bid would have been timely but for the action or inaction of District personnel.

• Opening of Bids Bids will be received until the date and time as specified in Section 2.4. Bids shall not be opened until said day and time.

Bids will not be publicly opened. Bid results will be posted via https://acwd.bonfirehub.com

2.11 SUBMITTALS

Each Bidder shall submit the following at the time of bid:

A. Complete the required Forms in Appendix A and upload to the District’s eProcurement

System (Bonfire) B. Complete the required questions in the District’s eProcurement System (Bonfire) C. A copy of proposed driver(s) possesses a CDL and a clean driving record in the form of a copy of California Department of Motor Vehicle’s Form INF-70 or INF-1125 uploaded to District’s eProcurement System (Bonfire).

D. Copy of Contractor’s drug and alcohol testing policy and procedure with respect to the Federal Omnibus Transportation Employee Testing Act of 1991 uploaded to District’s eProcurement System (Bonfire).

E. Copy of Contractor’s possession of a California Carriers License uploaded to District’s eProcurement System (Bonfire).

F. Copy of insurance broker’s letter or certificate of insurance uploaded to District’s eProcurement System (Bonfire).

2.12 PRICING

Prices should be stated in the units specified in the Bid Schedule. If there is a discrepancy between the unit price and total or extended price, the unit price shall prevail. Where there is a conflict between words and figures, words will govern.

2.13 GROUNDS FOR REJECTION

Any false, incomplete or otherwise unresponsive statements in or in connection with a bid or any documentation or other information supplied to the District by a Bidder shall be cause for rejection by the District of the bid or disqualification of the Bidder at the District’s sole discretion. Any judgment as to the significance of any falsity, incompleteness or unresponsiveness shall be made at the discretion of the District, and its judgment shall be final.

2.14 PERIOD FOR ACCEPTANCE OF BIDS

In order to allow for adequate evaluation, the District requires a response to this Solicitation to be valid and irrevocable for 120 calendar days after submittal date and time.

No Bidder may withdraw a Bid within 120 days after the Bid opening date. Errors in judgment and/or carelessness on the part of the Bidder in preparing the Bid confer no right for the withdrawal of the Bid after it has been opened. Should there be valid reasons why the Contract cannot be awarded within the specific period the time may be extended by mutual agreement between the District and the Bidder.

2.15 MODIFICATION, WITHDRAWAL, MISTAKES, AND MINOR INFORMALITIES

• Bids may be withdrawn prior to the Bid due date, via the District’s e-procurement system at https://acwd.bonfirehub.com

• Bidder may modify a bid by withdrawing its original bid and submitting a replacement bid, via https://acwd.bonfirehub.com provided that the Bidder’s withdrawal and replacement bid occurs prior to the IFB closing date time.

• A replacement bid must be executed, and submitted in a form and manner that complies with the requirements set forth in this IFB.

• No withdrawal request or replacement bid will be allowed after the IFB closing time.

• After the bid closing time, Bidder’s may not withdrawal their bid for a period of One Hundred and Twenty (120) days.

• At no time may the successful Bidder withdraw their bid.

2.16 RESERVATIONS

The District reserves the right to do any of the following at any time:

• Reject any or all Bids;

• Waive or correct any minor or inadvertent defect, irregularity, informality, or technical error and any Bid or procedure as part of the IFB;

• Require Bidder to submit breakdown of cost or pricing data provided in Bid;

• Make multiple awards from this solicitation;

• Accept Bid for any item or group of items unless the Bidder specifies otherwise in the Bid or gives notice of an all or nothing award;

• Terminate this IFB or any portion of the IFB process and issue a new IFB any time thereafter;

• Extend any or all deadlines in the IFB, including the deadline for accepting bids;

• Disqualify any Bidder on the basis of any real or apparent conflict of interest or evidence of collusion that is disclosed by the bid or other data available to the District. Such disqualification is at the sole discretion of the District and its decision shall be final;

• Reject the bid of any Bidder that is in breach of or in default under any other agreement with the District;

• Reject any bid deemed by the District to be non-responsive and/or conditional;

• Make such investigations as deemed necessary to determine if a Bidder is capable of meeting contract requirements. The determination of the District as to the Bidder’s ability to perform is at the sole discretion of the District and its decision shall be final;

• Determine whether a bid meet, exceed or does not meet District’s specification.

2.17 MULTIPLE BIDS

A Bidder may submit only one Bid via https://acwd.bonfirehub.com. More than one Bid from an individual, firm or partnership, corporation or association under the same or different names will not be considered on any given Bid, and may be considered grounds for rejection and disqualification of the Bids involved.

2.18 TIE BIDS

A tie bid exists when two or more responsive and responsible Bidders submit bids with an identical price. Award will be determined by a toss of a coin performed by the Purchasing Officer in the presence of the two tie bidders.

2.19 NO WAIVER

The District’s failure to address errors or omissions in a bid or acceptance of a bid shall not constitute a waiver of any requirement of the IFB by the District.

2.20 SUBSTITUTIONS

Whenever a material, article or method is specified or described by using the name of a proprietary product or the name of a particular manufacturer or vendor, followed by the phrase "or equal", the specific item mentioned shall be understood as establishing the type, function, dimension, appearance and quality desired and is to be the basis upon which Bids are to be prepared. Other manufacturers’ materials, articles or methods not named will be considered provided the substitution will not require revisions of the Bid Documents.

2.21 AWARD OF CONTRACT

The District shall award a Contract to the lowest, responsive and responsible Bidder who submits the Bid in conformance with the IFB.

The District will make a determination of whether the minimum qualifications, as described in Bidder’s Qualifications herein, have been met.

The Contract will be awarded by the District, by written acceptance within 120 days after the day of the Bid Opening or within the time for acceptance specified in the Invitation for Bids, or in any extension thereof agreed to by the parties.

2.22 EXECUTION AND ACCEPTANCE OF THE CONTRACT

The Bid as submitted shall serve as the final Contract acceptance document of a Bidder. The District will advise the selected Bidder by issuing an Intent to Award letter, as well as request any additional documentation as required by the Contract Documents.

Failure by the Bidder to execute the Contract and submit other documents as required by the IFB and file acceptable insurance and bonds within five (5) business days of receiving the Intent to Award letter shall be just cause for canceling the Award. Award may then be made to the next lowest, responsive and responsible Bidder or the Work may be re-solicited, at the sole discretion of the District.

A notice to proceed (NTP) will be issued after (1) a Contract has been executed by both the District and the successful Bidder and (2) receipt and acceptance by the District of a Bidder’s insurance, bonds, if applicable and any other required documents.

2.23 PUBLIC RECORDS

The California Public Records Act (commencing at California Government Code Section 6250) mandates public access to government records. Therefore, unless the information is exempt from disclosure by law, the content of any request for explanation, exception, substitution, response to these specifications, protest, or any other written communication between the District and the Bidder shall be available to the public.

If the Bidder believes any communication contains trade secrets or other proprietary information that the Bidder believes would cause substantial injury to the Bidder’s competitive position if disclosed, the Bidder shall request that the District withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. The Bidder may not designate its entire bid as confidential. Additionally, the Bidder may not designate the Bid Forms or cost as confidential.

If the Bidder requests that the District withhold from disclosure information identified as confidential and the District complies with the Bidder’s request, the Bidder shall assume all responsibility for any challenges resulting from the non-disclosure, indemnify and hold harmless the District from and against all damages (including but not limited to attorneys’ fees that may be awarded to the party requesting the Bidder information), and pay any and all costs and expenses related to withholding Bidder information. The Bidder shall not make a claim, sue, or maintain any legal action against the District or its directors, officers, employees or agents in connection with the withholding from disclosure of Bidder information.

If the Bidder does not request that the District withhold from disclosure information identified as confidential, the District shall have no obligation to withhold the information from disclosure and may release the information sought without liability to the District.

2.24 PREVAILING WAGES

Contracts exceeding $1000 with the District are considered “Public Works” when they include services for construction, alteration, demolition, repair work and maintenance services.

If the project falls within the classifications of “Public Works” The project will require payments of not less than the general prevailing rates for per diem wages, overtime work, legal holidays, other employee payments, and travel & subsistence if applicable, in the locality in which the work is to be performed for each craft, classification, or type of worker needed as required in the California Labor Code. Such rates of wages are on file with the Department of Industrial Relations and in the office of the District and are available to any interested party upon request.

Contractors shall promptly notify the District in writing, about any classifications of labor not listed in the prevailing wage determination but necessary for the performance of the work.

Contractors will post a copy of the determination of prevailing rates at the job site/s.

If the contract totals $30,000 or more and requires 20 or more working days, the prime contractor will comply with and be responsible for compliance with all applicable provisions of Labor Code section 1777.5 for all apprentice able occupations.

Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury. The District requires hard copies of these records for verification, prior to making related payments to the contractor (this is in addition to the electronic reporting required by the DIR).

This is notice that contractor/s and subcontractor/s: must register with the California Department of Industrial Relations (DIR) and that:

• This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

• No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

• No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

• All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

2.25 FOB POINT

Destination (freight prepaid and allowed).

2.26 PROMPT PAYMENT DISCOUNT

Prompt payment discounts may be considered in the evaluation of offers, if the discount for payment is made fifteen days or more from receipt of invoice. Any Payment discounts offered must be noted IFB Bid Form.

SECTION 3: SCOPE OF WORK/SERVICES AND SPECIAL PROVISIONS

3.1 GENERAL DESCRIPTION

This specification describes the Services to be performed under this Solicitation. The Services consist of leasing/rental of an end dump seal trailer and off-hauling, of both solid and dry sludge, as detailed below to a District approved landfill facility. The Contractor shall provide all labor, equipment to satisfactorily provide the service. Nothing in this Specification shall be interpreted as relieving the Contractor of the responsibility of meeting all applicable federal, state and local codes and regulations.

3.2 SCOPE OF WORK

A. Equipment Rental / Leasing

1) Contractor will be required to provide an end dump seal trailer (minimum 38 cubic yard capacity) for solids hauling from District’s Water Treatment Plant No. 2. The District may require more than one trailer, depending on amount of silt/mud that is in the water before treating.

2) Contractor shall be required to provide a 130 barrel vacuum truck for transportation of solids.

3) Contractor shall be required to provide an 80 barrel vacuum truck for transportation of solids.

B. Hauling

1) Contractor shall be required to transport the loaded end dump seal trailer to a District approved disposal site and return to the District’s Water Treatment Plant No. 2 to be parked for reloading. The District anticipates one to four trips per week.

2) Contractor shall be required to transport the solids in a 130 barrel vacuum truck from District’s Water Treatment Plant No. 2 or from the District’s Blending Facility to Mission San Jose Water Treatment Plant.

3) Contractor shall be required to transport the solids in a 38 barrel vacuum truck from District’s Water Treatment Plant No. 2 or from the District’s Blending Facility to Mission San Jose Water Treatment Plant

C. District Facilities

1) District Water Treatment Plant No. 2, 42436 Mission Blvd., Fremont, CA 94539

2) Mission San Jose Water Treatment Plant, 42500 Vargas Rd., Fremont, CA 94539

3) Blending Facility, 1111 Mowry Ave., Fremont, CA 94536

D. Washout Contractor shall provide washout services of the following equipment as needed:

1) End Dump Seal Trailer

2) 38 Barrel Vacuum Truck

3) 80 Barrel Vacuum Truck

4) 130 Barrel Vacuum Truck

E. Additional Work

There may be up to three (3) drying ponds that will require the solids be turned over and removed.

The Contractor shall be informed by the District, in advance, of how many drying ponds will need to be cleaned for the year. The Contractor will coordinate, with the District, a scheduled specific date and time to load and remove the solids.

F. Required Equipment All equipment is subject to inspection and acceptance or rejection by the District. Trailer must fit under District’s filter press. Vertical clearance, floor to bottom of press is 15 feet. Trailer must have an opening at least 32 feet 6 inches long by 4 feet wide. Three (3) vacuum trucks; one (1) 38-barrel truck; one (1) 80-barrel truck, and one (1) 130-barrel truck. All equipment is to be licensed for operation on public roads and maintained for safe operating conditions.

G. District Approved Landfill Facility

The District has an agreement with Republic Services Vasco Road Landfill Facility, 4001 North Vasco Road, Livermore, CA.

3.3 CONTRACT DOCUMENTS

The Contract Documents may include any or all of the following: Invitation for Bids, Bid Submittal, Bonds, if applicable, Notice of Award, Notice to Proceed, Drawing(s), Technical Specification(s), Terms and Conditions, Special Provisions, and Addenda.

3.4 ECONOMIC PRICE ADJUSTMENT

All prices will remain firm for the base term of the Agreement period. Any de- escalation/escalation in prices may be approved on an annual basis thereafter at the sole discretion of the DISTRICT.

Requests for price adjustments must be made by the CONTRACTOR in writing at least 30 days in advance of the expiration of the base term and any subsequent option terms, if exercised. The baseline for determining price adjustments will be based upon each renewal date of the Agreement.

All requests for price increase or decrease are subject to review and approval by the DISTRICT.

The maximum increase will have a ceiling of 3.5% annually.

Changes in prices shall be based on the U.S. Bureau of Labor Statistics, Consumer Price Index, San Francisco Bay Area, average increase or decrease for the most recent 12 months, (see https://www.bls.gov/regions/west/news-release/consumerpriceindex_sanfrancisco.htm).

3.5 DISTRICT HOLIDAYS

Access to District facilities will be denied on holidays. It is the responsibility of the Contractor to determine on which specific dates the following holidays are observed by the District,

1) New Year’s Day

2) Martin Luther King Jr.’s Birthday

3) President’s Day

4) Memorial Day

5) Juneteenth

6) Independence Day

7) Labor Day

8) Veteran’s Day

9) Thanksgiving Day

10) Day after Thanksgiving Day

11) Christmas Eve

12) Christmas Day

3.6 STATUS OF CONTRACTOR, LICENSES AND PERMITS

Neither the CONTRACTOR nor any party contracting with the CONTRACTOR shall be deemed to be an agent or employee of the DISTRICT. The CONTRACTOR is and shall be an independent https://www.bls.gov/regions/west/news-release/consumerpriceindex_sanfrancisco.htm contractor, and the legal relationship of any person performing services for the CONTRACTOR shall be one solely between that person and the CONTRACTOR.

Contractor shall possess such State and local licenses, certificates and permits required of the Contractor by law, and shall furnish satisfactory proof to the District upon request that such licenses, certificates and permits are in effect during the entire period of the Contract.

When transporting equipment or materials over public roads, the Contractor shall comply with Division 15, Article 6 of the California Vehicle Code, which requires transportation permits for loads and/or vehicles that exceed statutory limits for size and weight. In addition to any State and/or County transportation permits required, City of Fremont requires transportation permits for oversized and/or overweight vehicles.

3.7 DISTRICT’S MAIN FACILITIES

District facilities include, but are not limited to, the following major facilities:

• Headquarters located at 43885 South Grimmer Blvd., Fremont, CA 94538.

• Mission San Jose Water Treatment Plant located at 42500 Vargas Rd., Fremont, CA 94539.

• Water Treatment Plant No. 2 located at 42436 Mission Blvd., Fremont, CA 94539.

• Blending Facility, located at 1111 Mowry Ave., Fremont, CA 94537.

• Desalination Plant located at 6833 Redeker Pl., Newark, CA 94560

3.8 WORK AREAS AND ACCESS

• Work Hours: The Contractor shall conduct its operations between 7:00 a.m. and 4:00 p.m., Monday through Friday, with no work performed on Saturdays, Sundays or District holidays.

• District Access: District personnel will be working in and around the work area. The Contractor shall not park or store vehicles, material or equipment in such a manner that will restrict District access to District equipment and facilities.

• Emergency Hazardous Material Spill Response Plan special provision: The Contractor shall prepare an Emergency Response Plan (ERP) to address an accidental spill of petroleum products or any other materials that are determined to be hazardous to aquatic or plant life, and drinking water. Within ten (10) calendar days following Contractor’s receipt of the District’s Notice to Proceed, the Contractor shall submit a satisfactory ERP to the District for review and concurrence. Primary elements of the written plan shall include, but not necessarily be limited to the following:

o Emergency spill response/containment/cleanup/legal disposal procedures in the event of a leak or spill of a hazardous substance.

o A list of emergency response materials which will be kept on site.

o List of phone numbers of the District, California Department of Fish and Wildlife and U.S.

Fish and Wildlife Service, points of contact that the Contractor shall immediately notify in the event of a leak or spill.

• Public Safety: special provision The Contractor and subcontractors shall exercise caution and maintain speeds as posted on the roads when entering and exiting District facilities.

3.9 SITE CONDITIONS

Contractor shall inform itself fully and assume the risk as to uncertainties of weather, work area restrictions, or similar physical conditions at the project site.

3.10 ACCIDENT PREVENTION / SAFETY

Contractor shall be solely responsible for job site safety, accident prevention, bodily injury, including death, to persons arising from its operations.

Contractor shall comply with all applicable federal, state, and local laws and regulations, including safety orders of CAL-OSHA and of the State of California, Department of Industrial Relations, Division of Industrial Safety, and shall also take or cause to be taken such additional measures as may be necessary for the prevention of accidents.

Contractor shall at all times conduct all operations under the Contract in a manner to avoid the risk of bodily harm to persons. Contractor shall continuously inspect all work, materials and equipment to insure safe working conditions are maintained.

During the performance of the work, Contractor shall institute controls and procedures for the control and safety of persons visiting the job site.

Contractor shall maintain an accurate record of, and shall report to the District in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies or equipment incident to work performed under the Contract.

No part of the time lost due to any stop work order, for items related to this article, issued by proper authority shall be made the subject of claim for extension of time or for extra costs or damages by Contractor.

Compliance with the provisions of this article by subcontractors shall be the responsibility of the Contractor.

The Contractor shall exercise the necessary precaution to prevent unauthorized fires either within or adjacent to the work area and shall be responsible for all damage from fire due directly or indirectly to its own operations and/or employees of its subcontractors and suppliers. The contractor shall comply with all Federal, State and local laws and regulations

3.11 CALIFORNIA AIR RESOURCES BOARD (CARB) REGULATIONS

Vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advancedclean-fleets. The Contractor, and all subcontractors, are considered the fleet owner and operator, and Contractor is solely responsible for compliance with all provisions of the CARB engine and fleet regulations and the payment of any fines or penalties imposed by CARB or the U.S. Environmental Protection Agency (EPA) resulting from the Contractor’s non-compliance. The Contractor shall indemnify, hold harmless, and defend (with legal counsel chosen by the District at the Contractor’s expense) the District against any https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fww2.arb.ca.gov%2Four-work%2Fprograms%2Fadvancedclean-fleets&data=05%7C02%7CRenee.Gonzalez%40acwd.com%7Cefa70f98d3f44bd3d45f08de9b21be6d%7Cb61b54f29c884cae9f05194408101ab9%7C0%7C0%7C639118766437653197%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=Fvm97eWGYjJlhmyHThqMrhcNMEWosimNBw0lXS%2BdwCU%3D&reserved=0 violation notices issued, or enforcement actions brought, by CARB or EPA involving the Contractor’s non-compliance.

The Contractor and all subcontractors are required to be in compliance with all provisions of the California Air Resources Board (CARB) engine and fleet regulations at all times, including but is not limited to:

(1) The contractor and subcontractor must use R99 or R100 Renewable Diesel for all vehicle fleets subject to CARB’s In-Use Off-Road Diesel Fueled Fleet Rule unless for vehicles that the contractor or subcontractor determine are specifically exempt from the Rule; (2) All engines that are subject to CARB’s In-Use Off-Road Diesel Fueled Fleet Rule must be labeled with a unique equipment identification number (EIN) obtained from CARB; (3) All vehicles and engines subject to CARB’s In-Use Off-Road Diesel Fueled Fleet Rule are prohibited from idling longer than five (5) consecutive minutes unless expressly exempt from the Rule.

The contractor is required to have a written idling policy that is provided to each operator of all regulated equipment and vehicles that are subject to the Rule before the regulated equipment is operator for the first time. The idling policy must inform the operator of CARB’s idling requirements. The Contractor is solely responsible for compliance with all provisions of the CARB engine and fleet regulations for its fleet and the fleet of all subcontractors, and the payment of any fines or penalties imposed by CARB or the U.S. Environmental Protection Agency (EPA) resulting from the Contractor’s or subcontractor’s non-compliance. The Contractor shall indemnify, hold harmless, and defend (with legal counsel chosen by the DISTRICT at the Contractor’s expense) the DISTRICT against any violation notices issued, or enforcement actions brought, by CARB or EPA involving the Contractor’s or subcontractor’s non-compliance.

SECTION 4: TERMS AND CONDITIONS

See Appendix B