INVITATION FOR BIDS

FOR

PROVISION OF ON-CALL FIELD AND

SHOP WELDING SERVICES IFB25/26-19

Issued: March 10, 20026

Submit Bids to:

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 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 CONTRACT BONDS

2.16 MODIFICATION, WITHDRAWAL, MISTAKES, AND MINOR INFORMALITIES

2.17 RESERVATIONS

2.18 MULTIPLE BIDS

2.19 TIE BIDS

2.20 NO WAIVER

2.21 SUBSTITUTIONS

2.22 AWARD OF CONTRACT

2.23 EXECUTION AND ACCEPTANCE OF THE CONTRACT

2.24 PUBLIC RECORDS

2.25 PREVAILING WAGES

SECTION 3: SCOPE OF WORK/SERVICES AND SPECIAL PROVISIONS

3.1 GENERAL DESCRIPTION

3.2 SCOPE OF WORK

3.3 EMERGENCY WORK

3.4 WORK SITE REQUIREMENTS

3.5 CONTRACTOR RESPONSIBILITIES

3.6 INVOICES

3.7 STANDARD SPECIFICATIONS

3.8 SCHEDULING OF WORK

3.9 CONTRACT TERM AND TYPE

3.10 INSPECTION AND FINAL ACCPETANCE

3.11 UNDERGROUND FACILITIES

3.12 CLAIMS PROCEDURES

3.13 UTILITY RELOCATION

3.14 USE OF SUBCONTRACTORS

3.15 CONTRACTOR’S LICENSE REQUIREMENTS

3.16 LABOR CODE REQUIREMENTS

3.17 LABOR NON-DISCRIMINATION

3.18 APPRENTICES

3.19 PAYMENT BOND

3.20 PERFORMANCE BOND

3.21 ANTI-TRUST CLAIM ASSIGNMENT

3.22 THIRD-PARTY CLAIMS

3.23 ASSIGNMENT OF CLAIMS

3.24 PAYMENT OF WORKERS’ COMPENSATION

3.25 PROHIBITION AGAINST CONTRACTING WITH DEBARRED SUBCONTRACTORS

3.26 EXAMINATION AND AUDIT OF RECORDS

3.27 LIABILITY FOR ACTS OF GOD

3.28 NOTICE OF TAXABLE POSSESSORY INTEREST

3.29 WORK AREAS AND ACCESS

3.30 SITE CONDITIONS

3.31 ACCIDENT PREVENTION / SAFETY

3.32 DISTRICT HOLIDAYS

3.33 STATUS OF CONTRACTOR, LICENSES AND PERMITS

3.34 DISTRICT’S MAIN FACILITIES

SECTION 4: TERMS AND CONDITIONS

SECTION 1: INVITATION

The Alameda County Water District (District) invites qualified and licensed Contractors to respond to this Invitation for Bids (IFB) for the Provision of On-Call Field and Shop Welding Services (Services). The District requires shop and field welding services during its normal business operations within its service area, comprised of 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 (2) year base term and three (3) one-year option terms 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: March 10, 2026 Pre-Bid Meeting & Site Visit: N/A Questions From Bidders Due: March 31, 2026 District’s Responses to Questions (Addendum): April 17, 2026 Bid Due Date: May 1, 2026 by 2:00 p.m.

Anticipated Award: July 2026

2.5 PRE BID MEETING & SITE VISIT

Not Applicable

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 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, at time of submittal, shall possess a current Class A or C-60 Contractor’s License, issued by the California Department of Consumer Affairs Contractors State License Board (CSLB).

Bidders shall have a minimum of seven (7) years of experience in the provision of services similar to those described herein.

• Personnel All personnel who provide Services under the resulting Agreement shall be required to possess current 6G pipe welding certifications.

• 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 online, via the District’s E-procurement system – Bonfire.

• DIR Registration No contractor or subcontractor may be awarded a contract for public works unless registered with DIR pursuant California Labor Code section 1725.5. CONTRACTOR MUST SUBMIT

PROOF OF CONTRACTOR REGISTRATION WITH THE DIR IN THE FORM OF A HARD

COPY OF THE RELEVANT PAGE OF THE DIR'S DATABASE FOUND AT:

https://efiling.dir.ca.gov/PWCR/Search.

2.10 PREPARATION AND SUBMISSION OF BIDS

• Bid Forms mailto:renee.gonzalez@acwd.com https://efiling.dir.ca.gov/PWCR/Search

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 and 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 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.

• 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:

• Complete the Bid Forms, in Appendix A, in their entirety

• Digital copy of current contractor’s license

• Digital copy of current Department of Industrial Relations (DIR) Registration Number

• Digital copy of welding certifications https://acwd.bonfirehub.com/

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 CONTRACT BONDS

A performance bond and a payment bond as specified in 3.19 and 3.20 will be required. Each bond shall be in the amount of award as stated in the District’s Notice of Award. Bond costs shall be included in the cost of the work. Bond forms are included for information with the sample forms in Appendix A of the Contract Documents. They will be transmitted with the District’s Notice of Award for execution by the Contractor and Surety or Sureties. Within 15 calendar days after the date of receipt of the District’s Notice of Award, the Bidder to whom an award is made shall furnish to the District satisfactory bonds. No work shall be done until the District has received satisfactory bonds. Sureties must be admitted in California, subject to the jurisdiction of the California Insurance Commissioner and be prepared to furnish information specified in Code of Civil Procedure Section 995.660.

2.16 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.

2.17 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.

2.18 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.

2.19 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.

2.20 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.

2.21 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.

2.22 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.

2.23 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.

2.24 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.

2.25 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 PROVISIONS

3.1 GENERAL DESCRIPTION

This specification describes the Work to be performed under this Solicitation. The District’s normal business operations require the services of licensed welders to perform both shop work and field work within its service area, the cities of Fremont, Newark and Union City. The District anticipates needing approximately 500 hours for the former and 1,500 hours for the latter each year. 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

The following scope of work details the types of welding services required under this solicitation:

• Field Work Field work consists of welding repairs to equipment, pipelines, or other metalwork performed primarily in the field with little or no welding work required at the Contractor’s shop. Any job which is predominately performed in the field (over 50%) shall be considered field work even if the job requires some work to be performed in the Contractor’s shop. The District estimates that it will require approximately 1,500 hours of welding services in the field per year.

• Shop Work Covers welding work in the Contractor’s shop, such as repairs to equipment or items brought to the shop that requires onsite welding or fabrication. Any job which is predominately fabrication in the shop (over 50%) shall be considered shop work even if the job requires field installation of the finished item by the Contractor. The District estimates that it will require approximately 500 hours of welding services in the shop per year.

• Materials All materials used during the performance of Services, such as steel, steel plate, etc. shall be invoiced to the District at cost. Contractor shall be required to submit an original invoice, upon request by the District, for verification purposes.

• District Working Hours For the purposes of this solicitation, the District’s regular work hours shall be from 7:00 a.m. to 3:00 p.m., Monday through Friday. Please refer to Part III, Section 3, “District Holidays” for a list of District observed holidays.

• Special Conditions Whenever field work is involved, the District will pay two (2) hours as the minimum field work charge.

3.3 EMERGENCY WORK

The Contractor shall provide emergency services on an as-required basis. The emergency service shall be available on a 24-hours basis, weekends and legal holidays included. The Contractor shall supply the District with an after-hours emergency telephone number. The Contractor shall be capable of responding to an emergency situation within two (2) hours of notification by an authorized District representative. Bidders shall indicate on the bid form their response time (not to exceed 12 hours) for emergency work for both regular work hours and non-regular work hours.

Bidder shall indicate on the bid form a telephone number by which the contractor may be reached 24 hours per day, seven (7) days a week.

3.4 WORK SITE REQUIREMENTS

The Contractor shall, before start of any work, prepare the work site, following all applicable safety precautions. The Contractor shall repair to the District’s satisfaction and at the Contractor’s expense any unusual damage to finished surfaces, existing structures and equipment at the site, resulting from Contractor’s negligence in performing work under this Agreement.

During the progress of the Work, Contractor shall maintain the Work site in a neat sanitary condition.

Refuse shall be disposed of at sufficiently frequent intervals so that at no time will there be an unsightly accumulation of debris and/or rubbish. Final cleanup shall include removal of all equipment, surplus material, debris, and rubbish from the work site so that the work site is left in a neat and clean condition.

3.5 CONTRACTOR RESPONSIBILITIES

• The Contractor shall be required to possess sufficient resources and capacity to provide a minimum of three (3) welders/trucks simultaneously when requested, during the term of the Contract.

• The Contractor shall ensure that capacity of plant, sequence of operations, method of operation and the forces employed shall, at all times during the continuance of the work, be adequate to secure the rate of progress required to ensure the completion of the work within the time specified.

• The Contractor represents that it is fully experienced and properly qualified, licensed, equipped, organized and financed to perform the work specified and required. It is understood and agreed that the Contractor shall act as an independent Contractor in performing the work, maintaining complete control over its employees and all of its subcontractors. The Contractor shall perform all work in accordance with its own methods, subject to compliance with the specified requirements. The Contractor shall perform all work in an orderly and workmanlike manner. If subcontractors are used by the Contractor, the Contractor shall be fully responsible for their work. There shall be no contractual relationship between any subcontractor and the District.

• The Contractor shall ensure that all work is done in strict compliance with all applicable laws and regulations to which the work is subject. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by the reference.

• The Contractor shall warrant that the work shall be free from defects in material and workmanship for a period of one year following the date of acceptance and agrees to repair or replace, at its expense, any defect that may occur or become apparent during the specified warranty/guarantee period.

• Contractor shall be required to possess such state and local permits, licenses and certificates required by law to commence, carry on and complete the work.

3.6 INVOICES

Invoices shall be submitted on a monthly basis to the District’s Account Payables Division, in accordance with Section 4.3, “Payment.” Invoices shall be submitted by the 10th of the following month. Invoices and/or supporting documents must be detailed by type of service provided. Under each type of service, the following information is required for each job site, in order to process the invoices for payment:

• Street name or complete address, if applicable

• Job Number

• Date

• Start Time

• Completion Time

• Number of hours

• Rate

• Extended price

• Tax, if applicable

3.7 STANDARD SPECIFICATIONS

All Work detailed in this scope of work shall be in done in accordance with the District’s Standard Specifications for Water Main Installations, Section F.8, “Welding,” a copy of which is located in Appendix C.

3.8 SCHEDULING OF WORK

The District’s Distribution Maintenance Manager, and/or designee shall schedule the Work via telephone or via email.

3.9 CONTRACT TERM AND TYPE

• Contract Term The base term of the Contract shall be for a period of two years, during which all labor rates shall remain firm. The Contract may be extended for an additional three one-year option terms, or any portion thereof, at the sole option and discretion of the District. Should the District exercise the option(s) to extend the Contract, labor rates may be adjusted at the beginning of each option year in accordance with Section 4.2, “Economic Price Adjustment.”

• Requirements Contract Bidders acknowledge that the Contract(s) that will be entered into as a result of this Solicitation will be a Requirements Contract(s). Bidders acknowledge that total not to exceed agreement amount is not a guaranteed amount, but do represent the best estimate of the District, based on projected need.

3.10 INSPECTION AND FINAL ACCPETANCE

The District may inspect Contractor's work throughout the term of this Agreement. Upon notice from the Contractor that the Work described in each Task Order has been completed, the District will make a final inspection and provide the Contractor with written notice of final acceptance for each Task Order if it is determined that the Work described in the Task Order meets the Agreement requirements, or District will provide the Contractor with instructions to promptly fix defective work identified at Contractor’s sole expense. District will withhold payment until such corrections have been made by Contractor.

3.11 UNDERGROUND FACILITIES

The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include potholing and hand digging in those areas where underground facilities are known to exist until they have been sufficiently located to avoid damage to the facilities. Prior to fabrication of any materials, the Contractor shall verify the locations and elevations of existing underground facilities to ensure proper connection and/or clearance. The Contractor shall exercise care in maintaining those pipes and facilities to be abandoned and/or removed which are required for the continuing operation of the existing facilities until such time as they can be abandoned. No additional compensation shall be provided the Contractor for compliance with the provisions of this section for the damage and repair of such facilities due to the lack of care, and the Contractor shall be responsible for the direct and indirect costs resulting from the damage and repair of such facilities.

For work at the District’s facilities the Contractor is responsible for coordinating all existing project documentation, including but not necessarily limited to, the Contract Documents and existing record drawings for the determination of the location of all underground facilities. If the Contractor determines that existing facilities interfere with the new Work and such facilities were not shown or were incorrectly shown in the Contract Documents, the Contractor shall notify the District Project Manager.

3.12 CLAIMS PROCEDURES

Claims up to $375,000 are subject to the provisions of Public Contract Code Sections 20104-

20104.6. For claims of fifty thousand dollars ($50,000) or less, the DISTRICT shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the DISTRICT may have against the CONTRACTOR. For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the DISTRICT shall respond in writing to all written claims within sixty (60) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the DISTRICT may have against the CONTRACTOR. In the event that claims are not resolved pursuant to the provisions of Public Agreement Code Sections 20104-20104.6, CONTRACTOR must file a government tort claim pursuant to Government Code Section 900 et seq. before commencing litigation against the DISTRICT.

3.13 UTILITY RELOCATION

Pursuant to California Government Code Section 4215, if during the course of the Work the CONTRACTOR encounters utility installations which are not shown or indicated in the contract plans or in the specifications or which are found in a location substantially different from that shown, and such utilities are not reasonably apparent from visual examination of the work site, then it shall promptly notify the DISTRICT in writing. Where necessary for the Work of the Contract, the DISTRICT will amend the contract to adjust the scope of Work and the compensation to allow the CONTRACTOR to make such adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. If the CONTRACTOR fails to give the notice specified above and thereafter acts without instructions from the DISTRICT, then it shall be liable for any or all damage to such utilities or other work of the Contract which arises from its operations subsequent to the discovery, and it shall repair and make good such damage at its own cost.

3.14 USE OF SUBCONTRACTORS

Contractor shall not subcontract any Work to be performed by it under this Contract without the prior written approval of the District. Contractor shall be solely responsible for reimbursing any subcontractors and District shall have no obligation to them. Attention is directed to the requirements of Sections 4100 to 4113, inclusive, of the California Public Contract Code which are applicable to this Contract. If applicable, each Contractor shall, in its bid submittal, list the name and business address of each subcontractor to whom the Contractor proposes to subcontract a portion of the work in an amount in excess of one-half of one percent (.5%) of the Total Contract Price, along with a description of the portion of the work which shall be done by each subcontractor.

3.15 CONTRACTOR’S LICENSE REQUIREMENTS

During the entire term of this Contract and any extensions of the terms, CONTRACTOR and any approved subcontractors shall hold such current and valid CONTRACTOR’s Licenses as required by California Law to perform the work set forth in this Contract

3.16 LABOR CODE REQUIREMENTS

In the performance of this Contract, CONTRACTOR’s attention is directed to the following requirements of the Labor Code:

• Hours of Labor Eight hours labor constitutes a legal day’s work. CONTRACTOR shall forfeit, as penalty to DISTRICT, $25 for each worker employed in the performance of the Contract by CONTRACTOR or by any subcontractor under it for each calendar day during which such worker is required or permitted to work more than eight hours in any one day and 40 hours in any one calendar week in violation of the provisions of the California Labor Code and in particular, Sections 1810 to 1815, inclusive. Work performed by employees of the CONTRACTOR in excess of eight hours per day and 40 hours during any one week shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one-and-one-half times the basic rate of pay, as provided in Section 1815.

• Prevailing Wages CONTRACTOR shall comply with California Labor Code Sections 1770 to 1780, inclusive.

In accordance with Section 1775, the CONTRACTOR shall forfeit as a penalty to DISTRICT an amount as determined by the Labor Commissioner not to exceed $200 for each calendar day or portion thereof for each worker paid less than stipulated prevailing wage rates for such work or craft in which such worker is employed for any work done under the contract by him or by any subcontractor under it in violation of the revisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by CONTRACTOR. Pursuant to the provisions of Section 1773 of the Labor Code, the

DISTRICT has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work applicable to the work to be done from the Director of the Department of Industrial Relations.

• Payroll Records This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.4. The CONTRACTOR must post Site notices, as prescribed by regulation.

The CONTRACTOR and all subcontractors shall furnish the records specified in Labor Code Section 1776 directly to the Labor Commissioner, monthly in a format prescribed by the Labor Commissioner. The CONTRACTOR's attention is directed to the following provisions of Labor Code Section 1776. The CONTRACTOR shall be responsible for the compliance with these provisions by its subcontractors.

1) Each contractor and subcontractor shall keep an accurate payroll record, 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.

2) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR on the following basis:

• A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

• A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to the DISTRICT, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.

• A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the CONTRACTOR, subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the CONTRACTOR.

3) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. Effective January 1, 2016, CONTRACTOR and each subcontractor shall submit electronic certified payroll records to the California Labor Commissioner in the manner and format set forth in California Labor Code section 1771.4.

4) The CONTRACTOR shall file a certified copy of the records enumerated in subdivision

(a) with the entity that requested such records within ten (10) days after receipt of a written request.

5) Any copy of records made available for inspection as copies and furnished upon request to the public or the DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the CONTRACTOR shall not be marked or obliterated.

6) The CONTRACTOR shall inform the DISTRICT of the location of records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.

7) In the event of noncompliance with the requirements of this Section, the CONTRACTOR shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such contractor must comply with this Section. Should noncompliance still be evident after such 10-day period, the CONTRACTOR shall, as a penalty the State or the DISTRICT, forfeit One Hundred Dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The penalties specified in subdivision (g) of Labor Code Section 1776 for noncompliance with the provisions of said Section 1776 may be deducted from any monies due or which may become due to the CONTRACTOR.

8) The CONTRACTOR and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract.

3.17 LABOR NON-DISCRIMINATION

Attention is directed to Section 1735 of the Labor Code which provides that CONTRACTOR shall not discriminate against any employee or applicant for employment because of race or color, religion, physical or mental disability, national origin or ancestry, medical condition, marital status or sex of such persons, except as provided in Section 12940 of the Government Code.

CONTRACTOR further agrees to include a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials.

3.18 APPRENTICES

The CONTRACTOR and all subcontractors shall comply with the requirements of California Labor Code sections 1777.5, 1777.6 and 1777.7 regarding the employment and of apprentices.

3.19 PAYMENT BOND

The “Payment Bond for Public Works” required by the California Civil Code, Sections 9550 through 9566, inclusive, shall inure to the benefit of the persons and agencies described in the California Civil Code Section 9554 (b), and the persons described in California Civil Code Section 9100. The amount of this bond shall be 100 percent (100%) of the amount of the award as stated in the District’s Notice of Award. This bond shall be maintained in full force and effect until all claims against Contractor for materials and labor have been paid.

3.20 PERFORMANCE BOND

The “Bond for Faithful Performance” shall be so conditioned as to insure the faithful performance by Contractor of all covenants and conditions of the Contract and the replacing of, or making acceptable, any defective materials or faulty workmanship occurring within the warranty and/or guarantee period or periods specified. The initial amount of this bond shall be 100 percent (100%) of the amount of the award as stated in the District’s Notice of Award. This bond shall be maintained in full force and effect until each and every one of the covenants and conditions of the Contract Documents are completed.

3.21 ANTI-TRUST CLAIM ASSIGNMENT

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing 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 public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgement by the parties.

3.22 THIRD-PARTY CLAIMS

• Pursuant to Public Contract Code Section 9201, the DISTRICT shall have full authority to compromise or otherwise settle any claim relating to the Contract at any time.

• DISTRICT shall provide for timely notification to the CONTRACTOR of the receipt of any third-party claim, relating to the contract. Notice shall be in writing and will be provided within thirty (30) days.

• DISTRICT shall be entitled to recover its reasonable costs incurred in providing the notification required above by subdivision (2).

3.23 ASSIGNMENT OF CLAIMS

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the DISTRICT all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing 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 public works contract or the subcontract. This assignment shall be made and become effective at the time the DISTRICT tenders final payment to the CONTRACTOR, without further acknowledgement by the parties.

3.24 PAYMENT OF WORKERS’ COMPENSATION

The CONTRACTOR acknowledges that it is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work of this Contract.

3.25 PROHIBITION AGAINST CONTRACTING WITH DEBARRED SUBCONTRACTORS

CONTRACTOR is prohibited from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

3.26 EXAMINATION AND AUDIT OF RECORDS

Pursuant to Government Code Section 8546.7, CONTRACTOR shall retain all project-related records for a period of 3 years after final payment on this Contract, which shall be subject to audit or inspection by the DISTRICT or the State Auditor during this period.

3.27 LIABILITY FOR ACTS OF GOD

Pursuant to Public Contract Code Section 7105, CONTRACTOR shall be responsible for no more than 5% of the contracted amount for the cost of repairing or restoring damage proximately caused by an act of God, provided that the work damaged is built in accordance with accepted and applicable building standards and the plans and specifications of the DISTRICT. CONTRACTOR's liability shall not be limited by this provision where the damaged work is not built-in accordance with accepted and applicable building standards or with the plans and specifications of the DISTRICT.

3.28 NOTICE OF TAXABLE POSSESSORY INTEREST

In accordance with…