RFB#: P26-011

Excavated Construction Spoils Removal and Disposal

Request for Bid RFB No. P26-011

Reservoir 10 Excavated Construction Spoils Removal and

Disposal

Bids are due: August 14, 2026; 3:00PM PST

Prepared by:

El Dorado Irrigation District

2890 Mosquito Road Placerville, CA 95667

In accordance with the Americans with Disabilities Act and California law, it is the policy of the El Dorado Irrigation District to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the District to make reasonable arrangements to ensure accessibility. The District ADA Coordinator can be reached at: Phone: (530) 642-4045; email: adacoordinator@eid.org.

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INTRODUCTION

El Dorado Irrigation District (District), an irrigation special district organized and existing under the California Irrigation District Law (Water Code § 20500, et seq.), hereby gives notice that it is now accepting Bids for Reservoir 10 Construction Spoils Removal and Disposal. The expected term of the agreement is approximately twenty (20) business days from first day of mobilization until final load of construction spoils are removed from Reservoir 10.

BID SUBMISSION

Bids are due by August 14, 2026, at 3:00PM PST

Bids may be mailed, dropped off or e-mailed. Mailed and dropped off Bids must be in a sealed envelope marked “(BIDDER’S COMPANY NAME) BID FOR P26-011 - DO NOT OPEN” to El Dorado Irrigation District (EID) Headquarters located at:

El Dorado Irrigation District 2890 Mosquito Road Placerville, CA 95667

Attn: Ryan Deakyne

If delivered by mail the Bidder must allow sufficient time for delivery by the deadline. Any Bids not received by the deadline will be rejected.

Bids submitted via e-mail shall be addressed to Buyer Ryan Deakyne at:

Email: rdeakyne@eid.org

Bidder may withdraw its bid by written request via email to purchasing@eid.org before the Submittal Deadline. After that time, bidder may not withdraw its bid for a period of ninety (90) days from the Submittal Deadline.

If using an overnight or similar mailing/delivery service to submit your bid, the bid must be in a separate sealed envelope inside the mailing/delivery service envelope. The exterior delivery envelope must also be labeled as above. DO NOT use a mailing/delivery service envelope as the means to seal the bid. The District is not responsible for bids that are unidentified and opened before the deadline. They may be automatically rejected.

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Where there are conflicts between unit prices and extended prices, unit prices will govern. Where there are conflicts between words and figures, words will govern.

The District will consider in its award decision discount payment terms of twenty

(20) days or more from receipt of invoice, provided that bidder clearly indicates such discounts in its bid. Where bidder does not indicate discount payment terms in its bid, the District will take it to mean that bidder does not offer discount payment terms, and therefore the payment will be considered due Net 30 days after receipt of invoice.

The terms Successful Bidder, Bidder, and Contractor may be used interchangeably in this solicitation and shall refer exclusively to the person, company, or corporation with whom the District enters into a contract as a result of this solicitation.

REQUIRED BID ITEMS

1. BID PRICE SHEET

a. Explanation of cost if necessary

2. DISPOSAL SITE SHEET

3. NON-COLLUSION DECLARATION

QUESTIONS/ADDENDA

Any questions about this RFB shall be submitted in writing (via e-mail) to Ryan Deakyne, Buyer, at the following address:

E-mail: purchasing@eid.org

To be considered, questions must be received by the District no later than 3PM PST July 31, 2026. The District may, if deemed necessary, respond to such questions by issuance of formal written addenda, interpreting or clarifying the requirements of this RFB. The District may also issue addenda to modify the RFB as deemed advisable by the District. All such addenda shall be part of this RFB and binding upon each Bidder. The District may, upon inquiry, orally direct a firm’s attention to specific provisions of the RFB which cover the subject of the inquiry. However, all supplemental information provided by the District during the RFB process shall not be binding unless communicated by formal written

3 | P a g e addenda. All addenda will be posted on the District’s website https://www.eid.org/doing-business-with-eid/procurement-and-contracts. Each Bidder is solely responsible for obtaining all addenda posted on the District’s website.

OVERVIEW

The objective of this solicitation is to obtain services to remove, transport and dispose of approximately 2,100 cubic yards of non-hazardous construction excavation spoils. The total volume is only an estimate. The District does not guarantee this amount and no price adjustments for lesser amounts can be allowed.

The spoils are located at the District’s Reservoir 10 site, in a generally accessible area with sufficient room to stage and turnaround a dump truck. Excavation equipment shall be used to load and then haul off in the dump trucks.

The location of the spoils:

Reservoir 10 Site Acorn Hill Rd. Placerville, CA

EXHIBIT A: Map of site.

The soils materials:

The spoils to be disposed of are non-hazardous construction excavation spoils.

EXHIBIT B: Material testing results for spoils to be removed.

PUBLIC WORKS LAWS

Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations (DIR) are deemed included in this RFB and can be found here:

https://www.dir.ca.gov/OPRL/dprewagedetermination.htm.

Contractor certifies that it is aware of the provisions of Section 1773 of the Labor Code, which requires the payment of prevailing wage on public works projects.

Also, the Contractor certifies that the Contractor and any subcontractors under the Contractor shall comply with Section 1776, regarding wage records, and with Section 1777.5, regarding the employment and training of apprentices, of the Labor Code. Contractor and subcontractors shall comply with the requirements of California Labor Code Sections 1776, 1777.5, and 1777.6 concerning the employment of apprentices by Contractor or subcontractors.

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Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts. It is the Contractor’s responsibility to ensure compliance by any and all subcontractors performing this work.

Upon commencement of the work, Contractor shall certify and make available for inspection payroll records on forms provided by the Division of Labor Standards Enforcement, in accordance with Section 1776 of the California Labor Code.

Contractor ensures that it is currently registered with the Department of Industrial Relations (DIR) and will maintain registration during the entirety of the work.

Contractor also acknowledges that this work is subject to compliance monitoring and enforcement by the DIR.

SELECTION CRITERIA AND REQUIRED ITEMS

Bids will be subject to an evaluation by the District as deemed appropriate for purposes of selection. The lowest cost responsive, responsible bid will be chosen for award. The Bid Price sheet must be used to submit pricing. Attachments may be used if necessary.

The Proposer’s signed Bid and El Dorado Irrigation District’s acceptance by its Board of Directors, or when Board approval is unnecessary, by the execution of a written agreement signed by all appropriate District personnel, shall constitute a binding contract.

The District reserves the right to reject any or all Bids and to re-issue this RFB.

The District may waive any minor informalities or irregularities in any Bid that are immaterial and inconsequential in nature. The District reserves the right to request additional written or oral information from proposers to obtain clarification of their Bids.

All Bids become the property of the District. All costs associated with development of the Bid shall be the sole responsibility of the firm and shall not be charged in any manner to the District. The entirety of Bid content offered shall comply with current federal, state, local and other laws relative thereto.

PROTEST PROCEDURE

Any protest concerning the award of contract hereunder must be submitted in writing to the District’s Legal Counsel at 2890 Mosquito Road, Placerville, CA 95667 on or before 5:00 p.m. of the fifth (5th) calendar day following the District’s posting of Notice of Intent to Award the service contract at the entry to the District’s Customer Service Building at the aforementioned address and on the District’s website at www.eid.org. The procedure and time limit set forth in this

5 | P a g e paragraph are mandatory and are bidder’s sole and exclusive remedy in the event of a protest of award of the contract and failure to pursue said remedy shall constitute a waiver of any right to further pursue said protest, including filing a Government Code claim or legal proceedings.

SCOPE OF WORK

The Contractor is required to begin work within 5 business days of notification received by the Project Manager. The Contractor shall supply sufficient hauling trucks and trailers so that the stockpiled construction spoils can be hauled and disposed of within 20 business days of commencing hauling operations.

The District shall be responsible for loading trucks and trailers with the construction spoils. The Contractor will be responsible for any citations issued to the Contractor for overloaded trailers and bear the cost of such citations if they should occur.

The District will allow access to a reasonable amount of water at no charge for the purposes of controlling fugitive dust.

The Contractor shall assume full custody, care, and control of the construction spoils upon exiting the facility until the material is unloaded at the disposal site according to all local, state, and federal laws applicable to the hauler.

The District retains title to and is responsible for only the construction spoils it produces while they are located at the facility site and will not be responsible for the inclusion of any other material in the trailers.

All equipment supplied by the Contractor for this work must be in good working condition. The Contractor is expected to exercise prudent judgment in determining the condition of its equipment and is solely responsible for it. The District retains the right to reject the use of any piece of equipment that it believes to be in unsatisfactory condition. In the event of rejection, the Contractor must remove the unsatisfactory equipment and replace it with acceptable equipment within 48 hours so as not to interrupt the hauling services.

The Contractor will be allowed to store a reasonable amount of equipment and tools at the site but the District assumes no liability for any equipment left at the site.

Contractor access to the work site(s) will be allowed seven (7) days a week, 10 hours per day between 6:30 AM and 4:30 PM each day.

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The Contractor is responsible for providing any required safety equipment or protective clothing to its employees.

The Contractor shall confine its equipment and other material and the operations of its staff to those areas indicated by District staff. The staging or parking of trucks, equipment, or material of any kind on County roadways, even in a temporary situation, is not allowed. This includes keeping trucks from impeding residential traffic by parking on the County road while waiting to enter the premises where the work is being conducted.

The Contractor (and/or sub-contractors) shall possess a valid State Public

Utilities Commission hauling license and, upon request, provide evidence of such license to the District.

The Contractor shall at all-times keep the premises free from accumulations of water, material or rubbish caused by its employees or work, and at the completion of the work Contractor shall remove from the premises all Contractor rubbish, implements and surplus materials and shall leave the premises broom clean. The Contractor shall at all times keep the County road free from mud or dirt accumulations caused by trucking in and out of the work site.

The Contractor shall provide operators who are trained and licensed in the operation of its equipment. The Contractor shall enforce the highest level of safe work habits by their employees and ensure that all rules, codes and regulations are complied with.

The Contractor’s unit price is to include all applicable federal, state and local taxes in effect at the date of bid submittal. In case it shall ever be determined that any tax included in the bid was not required to be paid by the Contractor, Contractor agrees to notify the District and to make prompt application for the refund or credit thereof, to take all proper steps to procure the same and when received to pay the same to the District. The Contractor’s unit price is to include all applicable disposal fees or costs to dispose of the construction spoils. The Contractor’s unit price is to include all costs associated with hauling, including but not limited to fuel costs. No fuel surcharge should be added.

No subcontracting is allowed for this scope of work without the District’s written consent.

If, for any reason, the selected Contractor is not allowed access to the disposal facility, they will not be held responsible to haul construction spoils for the District until such time as they are granted access.

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The contractor is responsible for creating and maintaining customer accounts of its own with the approved disposal site(s).

The District recommends the Contractor have access to at least two (2) separate disposal sites in the event for any reason, and at any time, one is unable to accept the construction spoils. The District may not be willing to accept returned spoils in the event an approved landfill is unable to receive the construction spoils. The District will not be liable for any additional related costs incurred by the Contractor in the event of re-hauling.

The work to be performed will be subject to the terms of the attached Services Agreement, including the Insurance requirements contained in Appendix A to the Services Agreement and the Safety Submittal requirements of Appendix B to the Services Agreement.

ATTACHMENTS

EXHIBIT A – Site Map (3 pages) EXHIBIT B – Spoils Lab Results (19 pages)

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BID PRICE SHEET

Indicate here the all-inclusive Bid price.

Total Bid Price per Cubic Yard $______________

Total Bid Price (multiply bid price per cubic yard x volume estimate of 2,100 cubic yards):

Total Bid Price Written In Words:

Bid price per yard shall include all fees, costs, etc. related to the removal, hauling, and disposal of spoils.

Can meet liability insurance requirements: Yes_____ No____.

Please check your calculations before submitting your bid; the El Dorado Irrigation District will not be responsible for Bidder miscalculations.

Bidder Name (Person, Firm, Corp.) Title of Authorized Representative

Name of Authorized Representative Signature of Authorized Representative

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DISPOSAL SITE SHEET

RFB P26-011-RD Reservoir 10 Construction Spoils Removal and Disposal

The Contractor is responsible for creating and maintaining customer accounts with approved disposal site(s). The District recommends the Contractor have access to at least one (1) additional disposal site in the event for any reason, and at any time, its primary site is unable to accept the spoils. If only one site is chosen for disposal it must be established for use by the Contractor within 2 business days after award so as not to hinder the start of work.

The Bidder is responsible for making inquiries of its proposed disposal site(s) for the type of testing and sampling required for acceptance of the construction spoils.

The District has provided the lab results for the spoils to be disposed of (see Exhibit B), which the Contractor can submit to the disposal site. The District has determined that the construction spoils are not hazardous under the standards of the U.S. Environmental Protection Agency.

Please refer to Exhibit B for the lab results.

Disposal Site: ______________________________________________________

Address: _______ _______ City:________________

State: _________ Zip: ______________

Alternate Disposal Site: _________________________________________

Address: _______ _______ City:________________

State: _________ Zip: ______________

The bidder hereby acknowledges and confirms the construction spoils described herein are intended to be disposed of at the listed site(s), and if awarded the contract, agrees to use for disposal only the listed disposal site(s). If at any time during the contract an alternative disposal site other than what is listed is to be used, the Contractor must submit a request in writing, and will begin using the additional disposal site only after it receives written approval from the District.

The Contractor at no time, and under no circumstances, will unlawful means or location(s) be used to dispose of or store the construction spoils. Contractor shall assume full responsibility and liability for the care, custody and control of the construction spoils upon exiting District facilities.

Company Name Name of Authorized Representative

Signature of Authorized Representative Title of Authorized Representative

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NON-COLLUSION DECLARATION

PUBLIC CONTRACT CODE §7106

NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the ___________________ of __________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________________[date], at _______________[city], _________________[state].

(Name of Bidder)

(Signature)

(Title)

(If Bidder is a partnership or a joint venture, this declaration must be signed by every member of the partnership or venture. Print as many forms as needed and submit.)

(If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this declaration must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer. Print as many forms as needed and submit.)

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****Agreement to be executed between vendor and District after award****

EL DORADO IRRIGATION DISTRICT

2890 Mosquito Road Placerville, CA 95667 Services Agreement

VENDOR: NAME

I. SCOPE OF THE SERVICES

The Services to be rendered (“Services”) consist of:

1. Vendor shall perform the Services as described in Vendor’s proposal dated_______attached hereto to this Agreement as Appendix C and incorporated herein by reference in accordance with all terms and conditions of this Agreement and all attachments hereto. The Services shall be performed in accordance with all applicable and the most current codes, laws, regulations and professional standards. If applicable, Vendor shall be responsible for obtaining all permits necessary for the Services to be rendered.

2. Unless otherwise permitted in writing by District, Vendor shall not propose or recommend any service that has the effect of shifting responsibilities from Vendor to a third party through performance specifications or any other means.

Performance specifications will be allowed only when necessary to preclude single vendor sources or when specifically requested by District.

II. COMPENSATION FOR SERVICES

Vendor’s total compensation for Services performed under this Agreement is $_____________, to be paid as: (1) lump sum; (2) lump sum with progress payments; (3) per attached schedule of rates and charges, with a guaranteed not to exceed price of

III. SCHEDULE OF PERFORMANCE

Vendor shall commence the Services by (Month, day, year) and complete the services by (Month, day, year) OR as indicated on the Notice to Proceed and complete the Services by (Month, day, year) or within ## days from the commencement of services.

IV. TERMS AND CONDITIONS

(1) Vendor shall perform the Services in accordance with the terms and conditions of this Agreement, INCLUDING THE

GENERAL TERMS AND CONDITIONS ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE.

(2) Purchase order number must appear on all invoices and correspondence. Send invoices to invoices@eid.org or immediately upon performance.

(3) Changes made to printed Terms and Conditions on this Agreement are null and void unless approved in writing by the

District’s Office of the General Counsel.

(4) Vendor must comply with Appendix A [and] Appendix B (if applicable) [and Appendix C] [and Appendix D] (if applicable) of this

Agreement.

(5) Vendor has read and expressly accepts all terms incorporated herein, including Section 5 relating to indemnity and liability.

VENDOR NAME

EL DORADO IRRIGATION DISTRICT (“District”)

Sign here Date PM Date

Print Name & Title Manager Date

Director Date

Approved as to form:

By:

Office of the General Counsel Date

GM Date

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GENERAL TERMS AND CONDITIONS

1. Service Agreement (“Service”) Force and Effect. El Dorado Irrigation District (“District”) is not responsible for services rendered without the authority of a agreement on this form. This Agreement shall supersede and control over all inconsistent provisions in any proposal. The provisions of this Agreement (which may include attachments) constitute the entire agreement between the Vendor and District regarding the work and services described herein. No representation, term or covenant not expressly specified in this Agreement shall, whether oral or written, be a part of this agreement. No modification of this Agreement shall be effective unless it is in writing. This Agreement shall supersede all other prior purchase agreements and agreements between Vendor and District with respect to the work and services described herein. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of District and Vendor. The headings in this Agreement are for convenience only and do not affect the construction of this Agreement.

2. Performance of Services/No Assignment. Time is of the essence in the performance of the Services.

Vendor represents that it is skilled in the professional discipline necessary to perform the services (“Services”) under this Agreement. Vendor will perform its Services in a skillful manner, comply fully with criteria established by District, and with applicable laws, codes, and all applicable professional standards.

Vendor shall not contract any portion of the Services or otherwise assign this Agreement without prior written approval of District. (Vendor shall remain responsible for compliance with all terms of this Agreement, regardless of the terms of any such assignment.) Vendor’s authorized representative is the individual signing this Agreement unless Vendor otherwise informs District in writing. The granting of any payment, and any inspections, reviews, approvals or oral statements by any District representative, or certification by any governmental entity, shall in no way limit Vendor’s obligations under this Agreement.

3. Records and Payment Requests. Vendor shall submit all billings with all necessary invoices or other appropriate evidence of performance, after which District shall make payment within thirty (30) days.

District shall have the right to audit the Vendor’s work records. Vendor shall make available to District, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursement charged to District, for examination. Vendor shall furnish to District, its authorized agents, officers, or employees, such other evidence or information as District may require with regard to any such expenditure or disbursement charged by Vendor. Vendor shall maintain all documents and records prepared by or furnished to Vendor during the course of performing the services for at least three (3) years following completion of the Services, except that all such items pertaining to hazardous materials shall be maintained for at least thirty (30) years. Such records include, but are not limited to, correspondence, internal memoranda, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement. Vendor shall permit District to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of Agreement shall have the same rights conferred to District by this section. Such rights shall be specifically enforceable.

4. Independent Contractor. Vendor is an independent contractor and does not act as District’s agent in any capacity whatsoever. Vendor is not entitled to any benefits that District provides to District employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the Vendor’s provision of Services not the means, methods, or scheduling of the Vendor’s work.

Vendor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. Vendor shall pay all payroll taxes imposed by

13 | P a g e any governmental entity and will pay all other taxes not specifically identified in this Agreement as District’s responsibility.

5. Indemnity/Liability. To the fullest extent permitted by law (including, without limitation, California Civil Code Section 2782), Vendor shall defend (with legal counsel reasonably acceptable to El Dorado Irrigation District (“District”)), indemnify and hold harmless District and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Vendor or its sub-vendors), expense and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert vendors and/or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, but only to the extent that any of the above are actually caused by, any negligent or reckless act or omission, or willful misconduct, of Vendor, any sub-vendor, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of any Indemnitee.

6. Conflict of Interest. Vendor represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, Vendor represents to and agrees with District that Vendor has no present, and will have no future conflict of interest between providing District services hereunder and any interest Vendor may presently have, or will have in the future, with respect to any other person or entity (including but not limited to any federal or state wildlife, environmental or regulatory agency) which has any interest adverse or potentially adverse to District, as determined in the reasonable judgment of District.

7. Confidentiality. Any information, whether proprietary or not, made known to or discovered by Vendor during the performance of or in connection with this Agreement for District, will be kept confidential and not be disclosed to any other person. Vendor will immediately notify District in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to District hereunder.

8. Ownership of Results. Any interest (including copyright interests) of Vendor or its subvendors (together, “Subvendors”), in studies, reports, memoranda, computational sheets, drawings, plans or any other documents (including electronic media) prepared by Vendor or its Subvendors in connection with the Services, shall become the property of District. To the extent permitted by Title 17 of the United States Code, work product produced under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of District. In the event that it is ever determined that any works created by Vendor or its Subvendors under this Agreement are not works for hire under U.S. law, Vendor hereby assigns to District all copyrights to such works. With District’s prior written approval, Vendor may retain and use copies of such works for reference and as documentation of experience and capabilities.

9. Non-Discrimination Policy. Vendor shall not discriminate against any employee or applicant for employment, nor against any Subvendor or applicant for a subcontract, because of race, color, religious creed, age, sex, actual or perceived sexual orientation, national origin, disability as defined by the ADA or veteran’s status. To the extent applicable, Vendor shall comply with all federal, state and local laws (including, without limitation, all District rules and regulations) regarding non-discrimination, equal employment opportunity, affirmative action and occupational-safety-health concerns, shall comply with all applicable rules and regulations thereunder, and shall comply with same as each may be amended from time to time. Vendor shall provide all information reasonably requested by District to verify compliance with such matters. Vendor stipulates, acknowledges and agrees that District has the right to monitor

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Vendor’s compliance with all applicable non-discrimination requirements, and may impose sanctions upon a finding of a willful, knowing or bad faith noncompliance or submission of information known or suspected to be false or misleading.

10. Termination and Suspension. District may direct Vendor to terminate, suspend, delay or interrupt

Services, in whole or in part, for such periods of time as District may determine in its sole discretion.

District may issue such directives without cause. District will issue such directives in writing, and compensate Vendor for services satisfactorily rendered, subject to District’s reasonable approval, through the date of termination. Vendor may recover no other cost, damage, or expense. Suspension of Services shall be treated as an excusable delay. District may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Vendor commit a material breach of the Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of District’s written notice to Vendor demanding such cure. In the event District terminates the Agreement for default, Vendor shall be liable to District for all loss, cost, expense, damage and liability resulting from such breach and termination. Vendor shall continue its work throughout the course of any dispute, and Vendor’s failure to continue work during a dispute shall be a material breach of this Agreement. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of this Agreement, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof.

11. Public Records Act. Both parties understand and agree that District must comply with the California Public

Records Act (“Act”). If Vendor believes that any document or information furnished to District in connection with Vendor’s performance of services is exempt from public disclosure under the Act, it shall so advise District in writing at the time the document or information is furnished.

12. Survival. Without limiting any of the parties’ other rights or obligations arising from this Agreement, and in addition to all other provisions indicated as surviving the termination or expiration of this Agreement, the following provisions will survive any termination or expiration hereunder: 3, 4, 5, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17 and 18.

13. Execution; Venue; Limitations; Miscellaneous. This Agreement shall be deemed to have been executed in the City of Placerville, County of El Dorado, California. Enforcement of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. The exclusive venue for all litigation arising from or relating to this Agreement shall be in the County of El Dorado. Except as expressly provided in this Agreement, nothing in this Agreement shall operate to confer rights or benefits on persons or entities not party to this Agreement. As between the parties to this Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of District’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause. Captions to sections and subsections are for the convenience of the parties, and are not to be considered when construing this Agreement. The agreements contained herein shall not be construed in favor of or against any party, but shall be construed as if all parties prepared this Agreement. All terms not otherwise defined in this Agreement shall have the meanings provided in the Appendices or, if applicable, in the construction contract with the general contractor on the project.

14. Attorneys’ Fees. If either party institutes or is required to defend any legal proceeding, action or motion to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover all costs and expenses, specifically including, but not limited to, reasonable attorneys’ fees.

15. Prevailing Wage Laws. When applicable, the Vendor must comply with all prevailing wage laws applicable to public works projects and related requirements contained in this Agreement. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute this

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Agreement, as determined by Director of the State of California Department of Industrial Relations, are on file at the District’s office and are deemed included in this Agreement. Upon request, District will make available copies to any interested party. Also, Vendor shall post the applicable prevailing wage rates at the Site. The California Department of Industrial Relations website is www.dir.ca.gov.

Consultant certifies that it is aware of the provisions of Section 1773 of the Labor Code, which requires the payment of prevailing wage on public projects. Also, the Consultant certifies that the Consultant and any subcontractors under the Consultant shall comply with Section 1776, regarding wage records, and with Section 1777.5, regarding the employment and training of apprentices, of the Labor Code.

Consultant and subcontractors shall comply with the requirements of California Labor Code Sections 1776, 1777.5, and 1777.6 concerning the employment of apprentices by Consultant or subcontractors.

Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts. It is the Consultant’s responsibility to ensure compliance by any and all subcontractors performing work under this Agreement.

Upon commencement of the work, Consultant shall certify and make available for inspection payroll records on forms provided by the Division of Labor Standards Enforcement, in accordance with Section 1776 of the California Labor Code.

Consultant ensures that it is currently registered with the Department of Industrial Relations (DIR) and will maintain registration during the entirety of the Agreement. Consultant also acknowledges that work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR.

The Contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of California Labor Code. Work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any on week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

16. ADA Compliance. If, in the course of conducting the Services subject to this Agreement, Vendor offers a public program, service, or meeting on behalf of the District, Vendor shall, in accordance with the Americans with Disabilities Act and California law, offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities and shall, upon reasonable request provide reasonable accommodations for persons with disabilities including information or materials in appropriate alternative formats.

17. Truck and Bus Regulation. When applicable, Vendor must comply with the requirements of the Truck and

Bus Regulation (Title 13, California Code of Regulations, Section 2025), which regulates certain vehicles that operate in California. Vendor shall ensure that any vehicle fleet used for performance of the Services of this Agreement is in compliance with the Truck and Bus Regulation. If requested by the District, Vendor shall provide information to demonstrate compliance with the Truck and Bus Regulation, such as certificates of compliance or relevant vehicle fleet information.

18. Use of Generative Artificial Intelligence.

1. Disclosure and Approval Requirement. Consultant shall not use generative artificial intelligence technologies (including but not limited to ChatGPT, Claude, Gemini, or similar tools) (“Generative AI”) in the performance of services under this Agreement without the prior written consent of the District.

Consultant shall disclose in writing any intended use of Generative AI, specifying the nature and scope of such use.

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2. Confidentiality and Data Security. Consultant shall not input or disclose any Confidential Information or proprietary data of the District into a Generative AI system unless: (a) the system is approved by the District in writing for such use, and (b) the use complies with the District’s data security and confidentiality protocols. Consultant shall remain responsible for safeguarding all District information in accordance with the terms of this agreement.

3. Intellectual Property and Attribution. Consultant shall ensure that any content generated using Generative AI is original, non-infringing, and capable of being assigned to the District under this Agreement. Consultant shall not use Generative AI to generate content that may violate third-party intellectual property rights. Consultant shall disclose to the District which portions of deliverables, if any, were generated using Generative AI.

4. Quality and Accuracy. Consultant remains solely responsible for the accuracy, completeness, and quality of all deliverables, including those developed in whole or in part using Generative AI. The use of Generative AI shall not be a defense for the provision of inaccurate, incomplete, or unprofessional work.

5. Compliance with Law and Policy. Consultant agrees to use Generative AI only in compliance with applicable laws, regulations, and professional standards, and in accordance with any District policies provided in advance.

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Appendix A to Services Agreement

INSURANCE

A. Commercial General Liability Insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than $1,000,000 each occurrence and $2,000,000 general aggregate.

B. Commercial automobile liability insurance with limits of not less than $1,000,000 each occurrence including coverage for owned, scheduled, hired and non-owned autos.

C. Workers’ Compensation Employers’ Liability insurance in at least such amounts as are required by law. Vendor’s Workers’ Compensation Insurance policy shall, by endorsement, contain a Waiver of Subrogation as to each named and additional insured.

In the event Vendor is self-insured, Vendor shall furnish a Certificate of Permission to Self-Insure, signed by Department of Industrial Relations Administration of Self-Insurance, State of California.

In the event the Vendor does not have any employees as defined under the State of California Workers’ Compensation laws, Vendor shall sign the District’s “Workers’ Compensation Certificate for Independent Contractors”, which states:

Contractor hereby certifies that he/she is aware of the provisions of Section 3700 of the Labor Code of the State of California, 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.

In addition, Contractor represents that he/she does not presently employ anyone in the manner subject to the workers’ compensation laws of the State of California and that if Contractor does employ any such person during the time Contractor is performing this contract, Contractor will promptly provide the District with proof of workers’ compensation insurance in the amount required by law.

D. Professional Liability Insurance (if applicable), either (a) with limits not less than $1,000,000 each claim, or (b) limits of not less than $1,000,000 each claim and aggregate, all with respect to negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured. Vendor shall maintain said insurance coverage for a period of five (5) years after the completion of the Services and shall, upon request of District, provide certificates of insurance evidencing Vendor has maintained said coverage.

E. Certificate(s) of Liability Insurance:

1. Acceptability of Insurers – Insurance is to be placed with insurers authorized to do business in the

State of California and have a current A.M. Best rating of no less than A-:VII or equivalent or as otherwise approved by the District. Certificate(s) of Liability Insurance shall include the A.M. Best or NAIC number for each insurer.

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2. A notation of "All Operations" or the Bid Number and/or Job Title must be included on the certificate(s) and on all endorsements. (Note: "All Operations" covers all current and future operations with the District. Minimum coverage must be in accordance with bid or contract specifications.)

3. The Certificate Holder shall read as follows:

4. Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to District thirty (30) days in advance of the effective date thereof.

5. The authorized Insurance Agency Representative’s original signature is required on the Certificate of

Liability Insurance.

F. Endorsements - Insurance policies shall contain an endorsement containing the following terms:

1. Additional Insured endorsements: Provide separate additional insured endorsements for the Commercial General Liability and Commercial Auto Liability policies that contain the following terms:

EL DORADO IRRIGATION DISTRICT, its Board of Directors, officers, employees, representatives, vendors (including without limitation Engineer) and agents, shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured.

A Statement of Additional Insured Endorsement on the Acord Certificate of Liability Insurance form is insufficient and will be rejected as proof of the additional insured requirement.

2. Primary / Non-contributory endorsement - Insurance shall be primary insurance and no other insurance or self-insured retention carried or held by any named or additional insureds other than Vendor shall be called upon to contribute to a loss covered by insurance for the named insured.

3. Waiver of Subrogation – Vendor’s Workers’ Compensation Insurance policy shall contain, by endorsement, a Waiver of Subrogation as to each named and additional insured.

G. Self-Insured Retentions - Any self-insured retention must be declared to and approved by the District prior to commencement of work.

H. The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

I. Vendor shall ensure all sub-vendors and any other person or entity assisting with provisions of this work shall maintain the same level of coverages specified in these insurance requirements at all times during performance hereunder.

J. Vendor shall, upon request of District, deliver to District such policy or policies of insurance and the receipts for payment of premiums thereon.

K. Continuation of Coverage – All said insurance shall be maintained by the Vendor in full force and effect during the entire period of performance.

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L. Renewal certificates must be received by the District’s Insurance/Risk Administrator at least ten (10) days prior to the expiration date in agreement to ensure continuation of contract.

M. Renewal certificates may be e-mailed to RiskManagement@eid.org and original certificates should be mailed to:

Insurance / Risk Administrator

N. Other than Professional Liability, any insurance policy written on a claims-made basis is subject to the approval of the District.

O. If Vendor needs additional information regarding these insurance requirements, contact the District’s

Insurance / Risk Administrator at 530.642.4172.

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Appendix B

SAFETY SUBMITTALS

PART 1 GENERAL

1.1 SCOPE

Contractor shall submit a comprehensive written Health and Safety Plan (HSP) as specified herein within 10 days from the Notice of Award. The Health and Safety Plan required to be submitted herein must be favorably reviewed by District prior to Contractor starting Work.

1.2 DISTRICT’S REVIEW OF SUBMITTALS

Neither District's review of nor comments on any of the submittals shall constitute a representation or warranty as to compliance with any legal requirements. District reserves the right to reject all or portions of a submittal as inadequate to protect health, or safety. If conditions change, Contractor shall promptly update the Plan as appropriate, and submit the revised Plan to District at no additional charge to District.