1-IFB 25 26 05 Coated Asset Painting.pdf

INVITATION FOR BIDS

FOR

INDUSTRIAL PAINTING SERVICES FOR COATED ASSETS

IFB 25/26-05

Submit Bids to:

Lisa Rodriguez, Buyer

Procurement & Contracts Division

Alameda County Water District

43885 S. Grimmer Blvd.

Fremont, CA 94538

Tel.: (510) 668-4292

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

SECTION 3: SCOPE OF WORK/SERVICES AND SPECIAL PROVISION

3.1 GENERAL DESCRIPTION

3.2 SCOPE OF WORK

3.3 ANTICIPATED WORK

3.4 SPECIAL PROVISIONS

3.5 SAFETY PROCEDURES:

3.6 TASK ORDERS

3.7 CONTRACT DOCUMENTS

3.9 DISTRICT HOLIDAYS

3.10 STATUS OF CONTRACTOR, LICENSES AND PERMITS

3.11 WORK AREAS AND ACCESS

3.12 SITE CONDITIONS

3.13 ACCIDENT PREVENTION / SAFETY

SECTION 4: APPENDICES A, B, C

SECTION 1: INVITATION

The Alameda County Water District (District) is requesting bids from qualified and licensed Contractors to respond to this Invitation for Bid (IFB) for industrial painting services of the Districts coated assets.

The Districts coated assets are located at its distribution facilities in the cities of Fremont, Newark and Union City located in Alameda County. It is the intent of the District to issue an initial term agreement consisting of a two (2) year base term and three (3) one-year options to renew at the sole discretion of the District.

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 230 employees and supplies drinking water to more than 357,000 people. The District covers approximately 100 square miles and provides water service through over 83,000 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: July 28, 2025

Optional Pre-Bid Meeting (Online): August 4, 2025 @ 1:00 p.m.

Questions From Bidders Due: August 14, 2025

District’s Responses to Questions (Addendum): August 21, 2025

Bid Due Date: August 28, 2025 by 2:00 p.m.

Anticipated Award: October 2025

2.5 PRE BID MEETING & SITE VISIT

The District will hold an online Pre-Bid Meeting. At the time and date specified in Section 2.4.

Attendance is optional. The meeting shall consist of a review of the solicitation process, required services and submittals. Please RSVP to Lisa Rodriguez, Buyer (lisa.rodriguez@acwd.com)

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 mailto:lisa.rodriguez@acwd.com 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 (Euna Procurement) website at https://acwd.bonfirehub.com.

Responses to questions and requests for clarification will be posted via the District’s E-Procurement System (Euna Procurement) website at 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.

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 Lisa Rodriguez (lisa.rodriguez@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.

• Licenses and Certifications

• State of California contractor’s C-33 license (Painting and Decorating Contractor)

• The Society for Protective Coatings, SSPC QP1 and QP2 certifications

• Valid California Department of Industrial Relations Public Works Contractor Registration

Number

• Minimum Experience

Bidders shall have a minimum of five (5) years of experience in industrial painting, with at least three (3) projects in the last three (3) years involving field surface preparation and application of epoxies and polyurethane coatings in potable water, wastewater distribution system or industrial plants. One (1) project must include NSF-61 compliant surface coating for potable water.

Experience in fall protection and confined space training.

https://acwd.bonfirehub.com/portal/?tab=openOpportunities https://acwd.bonfirehub.com/portal/?tab=openOpportunities mailto:lisa.rodriguez@acwd.com

• 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 the District’s E- Procurement System (Euna Procurement) website at https://acwd.bonfirehub.com. Any bid submissions not submitted to the address listed shall not be considered

• Safety

Contractor personnel is responsible for setting up proper ventilation and environmental controls.

Some work will happen in confined spaces; properly trained and experienced personnel is required.

• Location(s)

Contractor’s place of business must be located with a 100 mile radius of the District’s HQ, located at 43885 South Grimmer Boulevard, Fremont CA 94538.

2.10 PREPARATION AND SUBMISSION OF BIDS

• Bid Forms

Each Bidder shall submit a Bid using the forms provided by the District, located in Appendix A.

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 service or commodity listed in the IFB.

Bidders shall comply with instructions in the Bid. The Bid must include Bidder name, contact name, address, email address and telephone information.

If changes and erasures are made, such changes and erasures shall be clear, legible, and shall be initialed by the person authorized to sign the Bid forms. For the Bid to be responsive there must be no question about what the Bidder intended.

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

Completed Bid forms and required attachments shall be submitted in the District’s eProcurement System (Euna Procurement) via https://acwd.bonfirehub.com. Any bid submissions not submitted to the address listed shall not be considered.

Each bid must be receive 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.

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

https://acwd.bonfirehub.com/

• Location & Timely Delivery

The Bidder shall assume full responsibility for timely delivery via the District’s eProcurement System (Euna Procurement) 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 the District’s eProcurement System (Euna Procurement) https://acwd.bonfirehub.com

2.11 SUBMITTALS

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

• Complete the required Bid Table in the District’s eProcurement System (Euna Procurement)

• Complete the required questions in the District’s eProcurement System (Euna Procurement)

• A copy of valid contractor’s C-33 license uploaded to District’s eProcurement System (Euna

Procurement)

• A copy of valid Society for Protective Coatings, SSPC QP1 and QP2 certifications uploaded to

District’s eProcurement System (Euna Procurement)

• California Air Resources Board In-Use Off-Road Diesel-Fuel Fleet Rules Certification uploaded to District’s eProcurement System uploaded to District’s eProcurement System (Euna Procurement)

• Valid California Department of Industrial Relations Public Works Contractor Registration Number to be entered into the District’s eProcurement System (Euna Procurement)

• References Form to be uploaded to District’s eProcurement System (Euna Procurement)

• Bidder Qualifications Form to be uploaded to District’s eProcurement System (Euna

Procurement)

2.12 PRICING

Prices should be stated in the units specified. 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 eProcurement System (Euna Procurement) at https://acwd.bonfirehub.com

• Bidder may modify a bid by withdrawing its original bid and submitting a replacement bid, via the District’s eProcurement System (Euna Procurement) 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 the District’s eProcurement System (Euna Procurement) 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 7920 et seq.) 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 apprenticeable 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).

SECTION 3: SCOPE OF WORK/SERVICES AND SPECIAL PROVISION

3.1 GENERAL DESCRIPTION

The District anticipates requiring industrial painting and/or recoating of various assets within its service area. These assets include, but are not limited to piping, valves, chemical tanks, potable water tanks, motor control centers (MCCs) switchgears, additional appurtenances requiring protective coatings. The District’s service area encompasses the cities of Fremont, Newark, and Union City.

3.2 SCOPE OF WORK

Typical work to be performed under this Contract may include but is not limited to:

• Surface preparation in accordance with one or all of the following Association for Materials Protection & Performance, Society for Protective Coatings (SSPC) standards; SP1 (Solvent Cleaning), SP2 (Hand Tool Cleaning), SP3 (Power Tool Cleaning), and SP10 (Near-White Metal Blast Cleaning).

• Field application of various coatings on exterior of piping, valves and equipment, and both interior and exterior potable water tanks, chemical tanks, chemical containment areas. All surfaces that make contact with potable water require NSF-61 certified products. Surfaces that are exposed to UV are typically coated with epoxy and top coated with urethane.

• Work with third party coating inspectors on QA/QC

• Work site cleanup and off-haul and legal disposal of abrasive blasting material, old lining debris, and any other debris or excess materials generated from the work performed.

3.3 ANTICIPATED WORK

• Exterior painting of piping and valves (9).

• Exterior Touchup Painting of Tanks

• Chemical Tank Painting:

• Potable Water Tank Painting:

• Booster Stations Electrical Switchgear Painting (Including all surface preparation work)

NOTE: The coated asset list, work schedule, and specific site locations are subject to change, based on operational needs and field assessments.

3.4 SPECIAL PROVISIONS

Contractor shall be solely responsible for the following:

• Setting up construction zone for the work, establishing a staging area and storage yard, providing sanitary facilities, posting prevailing wages and safety program on site.

• Disassembling, site cleanup, disposing and removing all equipment, materials and sanitary facilities.

3.5 SAFETY PROCEDURES:

Contractor working on District’s property and equipment must follow Lockout/Tagout procedures as instructed by District personnel. The Contractor shall be responsible for the protection of the District’s facility, equipment, and property adjacent to the work areas and shall exercise due caution and best management practices to avoid damage to such property. In addition, the Contractor shall be responsible tasks without causing any spills or contamination. Any spills, contamination, or damage to the District’s property caused by the contractor shall be remediated or repaired by the Contractor immediately at no cost to the District.

3.6 TASK ORDERS

For scheduled work, District will notify Contractor, in writing, for the proposed cleaning date (s), site name (s), address (es) and whether work is required on an overtime basis. Contractor will confirm in writing, a schedule of when work will be performed, and provide an estimated cost, using the fixed hourly rates, established in the Cost Proposal in Appendix A, as accepted by the District. Workers shall not be scheduled to work at overtime rates, unless approved in writing in advance by the District.

A schedule shall be generated collaboratively between the District and the Contractor. Work shall begin on a mutually agreed upon date after the date of receipt of the District’s Notice to Proceed. The schedule should include time for planning, acquiring any necessary permits.

The final schedule shall be submitted to Dennis Kong, project manager prior to the commencement of work. The schedule shall include the following, at a minimum:

• Start date, completion date and schedule of periodic updated and/or revisions.

• List of work tasks and timelines.

• Identification of potential delays, disruptions, hinderance, or other impacts.

• A list of workers that will perform the services.

• A comprehensive Work Plan for review and concurrence by the District.

3.7 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, Addenda and Task Orders.

3.8 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%.

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).

3.9 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) Independence Day; 6) Labor Day; 7) Veteran’s Day; 8) Thanksgiving Day; 9) Day after Thanksgiving Day; 10) Christmas Eve; and 11) Christmas Day.

3.10 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 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.

3.11 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

3.12 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.

https://www.bls.gov/regions/west/news-release/consumerpriceindex_sanfrancisco.htm

• 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 Fish and Game 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.

3.13 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.

3.14 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.

All Contractor personnel engaged in confined space operations shall possess the appropriate experience and training in confined space entry procedures, as well as fall protection, in accordance with all applicable regulatory standards.

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.

SECTION 4: APPENDICES A, B, C

Appendix A: Required Forms

Appendix B: Sample Agreement

Appendix C: Photo Examples of Coated Assets

APPENDIX A

Bidder Qualification Form

References Form

Bid Schedule Information

Bid Evaluation Information

CARB Certification

BIDDER QUALIFICATION FORM

This Statement is to accompany the proposal submitted in response to IFB-25/26-05, for Painting

Services.

I certify that the following information submitted is true and correct:

The company has been engaged in performing similar services to those under this Solicitation within the United States for a minimum of 5 (five) years.

1. NAME OF PROPOSER:

2. BUSINESS ADDRESS: ____________________________________________

3. DIR NUMBER: ____________________________________________

4. TELEPHONE NO.: ____________________________________________

5. EMAIL:

6. OFFICIAL REP. & TITLE:

7. SIGNATURE:

8. DATE: ____________________________________________

REFERENCES FORM

Please provide three (3) project references in the last three years in involving field surface preparation and application of epoxies and polyurethane coatings for potable water, wastewater or industrial plants. At least one reference must be coating for potable water applications. These customers may be contacted by the District. Responses will be considered by the District during the proposal evaluation process.

1. Name: ____________________________________________________________________________

Address: __________________________________________________________________________

City, State, Zip: ____________________________________________________________________

Telephone /Email: ___________________________________________________________________

Contact Person and Role: _____________________________________________________________

Brief Job Description: _______________________________________________________________

2. Name: ___________________________________________________________________________

Address: _________________________________________________________________________

Telephone /Email: __________________________________________________________________

Contact Person and Role: ____________________________________________________________

Brief Job Description: ______________________________________________________________

3. Name: ___________________________________________________________________________

Address: _________________________________________________________________________

Telephone /Email: __________________________________________________________________

Contact Person and Role: ____________________________________________________________

Brief Job Description: ______________________________________________________________

BID SCHEDULE

Please provide fully burdened fixed fee rate for each item below, to be effective for the base term of the

Contract, which shall include labor, tools, equipment, profit, vehicle, fuel, insurance, and any other costs necessary to accomplish the Work specified in Section 3, “Scope of work / Services and Special Provision”:

Note: Labor classifications, overtime requirements, and necessary equipment for each task order shall be determined collaboratively by the Contractor and the Project Manager at the time the task order is issued.

The District shall not pay any markup on disposal costs. All disposal fees will be reimbursed at actual cost only.

Item

No.

Labor Classification Type of Rate Rate

1 Superintendent (straight time) Hourly $

2 Superintendent (overtime) Hourly $

3 Foremen (straight time) Hourly $

4 Foremen (overtime) Hourly $

5 Painter (straight time) Hourly $

6 Painter (overtime) Hourly $

7 Apprentice (straight time) Hourly $

8 Apprentice (overtime) Hourly $

Item

No.

Support Equipment Type of Rate Rate

9 Service Truck or equal Daily $

10 Power Washer Daily $

11 Generator Daily $

12 Compressor Daily $

13 Sand Blaster Daily $

14 Paint Sprayer Daily $

15 Mark-up on Materials %

Submitted by (Printed Name):____________________________________________________________

Signature:____________________________________________________________________________

Title:________________________________________________________________________________

Date:________________________________________________________________________________

BID EVALUATION (PAINTING SERVICES)

The lowest bidder for painting services will be determined by comparing Bids based upon the cost of one

(1) field painting project, which is representative of the scope of services that will be performed under this

Contract, and therefore constitutes a fair method for determining the lowest bidder.

1. Superintendent (straight time), 1 hr. x $ ___________ = $ _________

(hourly rate)

2. Superintendent (overtime), .5 hr. x $ ___________ = $ _________

(hourly rate)

3. Foremen (straight time), 40 hrs. x $ ___________ = $ _________

(hourly rate)

4. Foremen (overtime), 2 hrs. x $ ___________ = $ _________

(hourly rate)

5. Painter (straight time), 80 hrs. x $ ___________ = $ _________

(hourly rate)

6. Painter (overtime), 4 hrs. x $ ___________ = $ _________

(hourly rate)

7. Apprentice (straight time), 1 hr. x $ ___________ = $ _________

(hourly rate)

8. Apprentice (overtime), 1 hr. x $ ___________ = $ _________

(hourly rate)

Support Equipment

9. Service truck or equal, 1 day. x $ ___________ = $ _________

(Daily rate)

10. Power Washer, 1 day. x $ ___________ = $ _________

11. Generator, 1 day. x $ ___________ = $ _________

12. Compressor, 1 day. x $ ___________ = $ _________

13. Sand Blaster, 1 day. x $ ___________ = $ _________

14. Paint Sprayer, 1 day. x $ ___________ = $ _________

Material cost after mark-up

15. $1,000 worth of materials: x ______% = $ _________

Estimated Total for One Project: $ _________

(For comparison purposes only)

20978958.1

CALIFORNIA AIR RESOURCES BOARD IN-USE OFF-ROAD

DIESEL-FUELED FLEET RULES CERTIFICATION

SELECT AND COMPLETE ONLY ONE OF THE FOLLOWING CERTIFICATIONS

Certificate of Compliance with In-Use Off-Road Diesel-Fueled Fleet Regulations

The Contractor hereby certifies that it and its subcontractors will use vehicles subject to 13 C.C.R.

§§ 2449-2449.3 in the performance of the Work and will comply with the requirements of 13 C.C.R.

§§ 2449-2449.3 related to the California Air Resources Board In-Use Off-Road Diesel-Fueled Fleet Regulations. (Attach valid Certificates of Reported Compliance for the fleet used by the Contractor and its listed subcontractors).

Date:

Signature:

Company:

Name: _________________________________________________________________________

Title: __________________________________________________________________________

CARB-issued Identification Number: _________________________________________________

OR

Certificate of Non-Applicability of In-Use Off-Road Diesel-Fueled Fleet Regulations

The Contractor hereby certifies that it and its subcontractors will not use vehicles subject to 13 C.C.R. §§ 2449-2449.3 in the performance of the Work.

Date:

Signature:

Company:

Name: _________________________________________________________________________

Title: __________________________________________________________________________

APPENDIX B

Sample Agreement

AGREEMENT FOR SERVICES

THIS AGREEMENT is made by and between the ALAMEDA COUNTY WATER DISTRICT

(“DISTRICT”) located at 43885 South Grimmer Boulevard, Fremont, CA 94538 and XXXXX

(“CONTRACTOR”), located at ADDRESS, CITY, STATE ZIP CODE (“PARTIES”).

WHEREAS, the DISTRICT desires to obtain XXX (Services) and the CONTRACTOR is ready, willing and able to furnish such services and has submitted a proposal dated, XXXXX, a copy of which is attached and incorporated as Attachment 1.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. RENDITION OF SERVICES

The CONTRACTOR agrees to provide services to the DISTRICT in accordance with the terms and conditions of this Agreement. CONTRACTOR represents that it will exercise the same degree of professional care, skill, efficiency, and judgment ordinarily used by consultants providing similar professional services. CONTRACTOR at all times will comply with all federal, state, and local laws, regulations and policies applicable to the services performed pursuant to this Agreement.

2. SCOPE OF SERVICES

The scope of the CONTRACTOR’s services is set forth in Attachment 1. However, to the extent that

Attachment 1 is inconsistent with this Agreement, the Agreement will govern over Attachment 1.

3. TERM OF AGREEMENT

This Agreement will commence upon a written notice to proceed and conclude upon completion of work followed by final invoice submittal.

It is further understood that the Agreement is subject to the DISTRICT's right to terminate in accordance with Section 17 of this Agreement.

4. OWNERSHIP OF WORK

All reports, designs, drawings, plans, specifications, and other materials prepared, or in the process of being prepared, by CONTRACTOR, its employees, subcontractors, or agents under this Agreement

(“Work Product”) shall be and are the property of the DISTRICT.

The DISTRICT shall be entitled to access and to copy the Work Product during the progress of the work. If requested by DISTRICT, CONTRACTOR shall deliver one copy of the Work Product remaining in the hands of the CONTRACTOR, or in the hands of any subcontractor, upon completion or termination of the work.

CONTRACTOR assigns to DISTRICT all right, title, and interest in and to the Work Product, including ownership of copyright in the Work Product. The DISTRICT may utilize any material prepared or work performed by CONTRACTOR pursuant to this Agreement, including computer software, in any manner which the DISTRICT deems proper without additional compensation to

CONTRACTOR. CONTRACTOR shall have no responsibility or liability for any revisions, changes, or corrections to the Work Product made by the DISTRICT, nor for any use or reuse of the Work

Product for any purpose other than the Work unless CONTRACTOR accepts such responsibility in writing. The CONTRACTOR shall not disclose Work related data or information without the prior written consent of the DISTRICT.

5. USE OF SUBCONTRACTORS

CONTRACTOR shall not subcontract any Services to be performed under this Agreement without the prior written approval of the DISTRICT. CONTRACTOR may subcontract with service firms engaged in drawing, reproduction, typing and printing without the prior written consent of the DISTRICT.

CONTRACTOR shall be solely responsible for reimbursing any subcontractor and the DISTRICT shall have no obligation to them.

6. CHANGES

The DISTRICT may, at any time, by written order, make changes within the scope of work and services described in this Agreement. If such changes cause an increase or decrease in the budgeted cost of or the time required for performance of the agreed upon work, an equitable adjustment as mutually agreed shall be made in the limit on compensation as set forth in Section 9 or in the term of the Agreement as set forth in Section 3, or both. In the event that CONTRACTOR encounters any unanticipated conditions or contingencies that may affect the scope of work or services and result in an adjustment in the amount of compensation specified herein, CONTRACTOR shall so advise the

DISTRICT immediately upon notice of such condition or contingency. The written notice shall explain the circumstances giving rise to the unforeseen condition or contingency and shall set forth the proposed adjustment in compensation. This notice shall be given to the DISTRICT prior to the time that CONTRACTOR performs work or services related to the proposed adjustment in compensation.

The pertinent changes shall be expressed in a written supplement to this Agreement prior to implementation of such changes.

7. RESPONSIBILITY; INDEMNIFICATION

To the fullest extent permitted by law, CONTRACTOR shall indemnify, keep and save harmless the

DISTRICT, and its board members, officers, agents, and employees against any and all suits, claims, actions, damages, liabilities, costs, and expenses (collectively, “Liabilities”) for any personal injury

(including death, bodily injury, emotional or mental distress, and loss of consortium), property damage, intellectual property infringement, or financial or economic loss that arises out of, pertains to, or relates to the negligence, recklessness, or the willful misconduct of the CONTRACTOR, its employees, subcontractors, or agents to the extent that such Liabilities arise out of the performance

(or non-performance) of this Agreement. This duty to indemnify includes any proceedings, actions, damages, or penalties due to the violation of any governmental law or regulation, the compliance with which is the responsibility of the CONTRACTOR, its employees, subconsultants, or agents.

CONTRACTOR further agrees to defend any and all such actions, suits, or claims, and pay all charges of attorneys and all other incurred costs and expenses relating to the investigation, defense, negotiation, or settlement of any action, suit, or claim, and to reimburse the DISTRICT for any and all legal and other costs and expenses incurred by the DISTRICT in connection with the defense of such actions, suits, or claims. If any judgment is rendered against the DISTRICT or any of the other individuals enumerated above in any such action, CONTRACTOR shall, at its expense, satisfy and discharge the same to the extent that the judgment is based on the CONTRACTOR’s agreement to indemnify as set forth in this section. This indemnification obligation will survive the termination or expiration of this Agreement. CONTRACTOR shall require its subcontractors to similarly indemnify, defend, and keep and save harmless, the DISTRICT.

8. INSURANCE

CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries or death to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, his agents, representatives, employees or sub-contractors.

Coverage - Coverage shall be at least as broad as the following:

8.1 Commercial General Liability (CGL) - Insurance Services Office (ISO) Commercial General

Liability Coverage (Occurrence Form CG 00 01) including products and completed operations, property damage, bodily injury, personal and advertising injury with limit of at least…