Bid Package - Final.pdf

Kern County, California

CONTRACT DOCUMENTS

for

DRESSER RECHARGE FACILITY, STRUCTURES, AND

PIPELINE PROJECT

Specification No. 26-01

August 14, 2026

DEE JASPAR & ASSOCIATES, INC.

CONSULTING CIVIL ENGINEERS

2730 Unicorn Road, Bldg. A (661) 393-4796 Bakersfield, CA 93308 Fax: (661) 393-4799

Kern County, California

CONTRACT DOCUMENTS

SPECIFICATIONS NO. 26-01

DRESSER RECHARGE FACILITY, STRUCTURES,

AND PIPELINE PROJECT

Contract Documents were prepared by or under the direction of the following registered person(s):

Prepared by:

Jacob Harris, RCE No. 99163 Date

Approved by:

Curtis M. Skaggs, RCE No. 60960 Date

7/31/2026

8-19-26

8-19-26 jharris

PE STAMP

TABLE OF CONTENTS

Section Title Page

A – REQUEST FOR BIDS

A-1 Request for Bids .................................................................................................... A-1 A-2 Submitting Bids ...................................................................................................... A-1 A-3 Location of the Work ............................................................................................. A-1 A-4 Description of the Work ........................................................................................ A-2 A-5 Classification of Contractors License / Contractor Registration .......................... A-2 A-6 Award of Contract ................................................................................................. A-2 A-7 Site Conditions ....................................................................................................... A-3 A-8 Contract Retention ................................................................................................ A-3 A-9 Wage Rates / Compliance Monitoring ................................................................. A-4 A-10 Use of Apprentices ................................................................................................ A-4 A-11 Contract Documents ............................................................................................. A-4 A-12 Substitute Securities .............................................................................................. A-5

B – INSTRUCTIONS TO BIDDERS

B-1 Form of Proposal Bid Schedule ............................................................................. B-1 B-2 Preparation of Proposal Bid Schedule .................................................................. B-1 B-3 Responsible Bidder and Responsive Bid ............................................................... B-2 B-4 Brokerage of Work Not Favorably Considered .................................................... B-3 B-5 Equalizing Factors .................................................................................................. B-3 B-6 Servicing and Maintenance ................................................................................... B-3 B-7 Local Conditions .................................................................................................... B-3 B-8 Execution of Contract ............................................................................................ B-4 B-9 Workers’ Compensation Insurance ...................................................................... B-4 B-10 Insurance ............................................................................................................... B-5 B-11 Subcontracts .......................................................................................................... B-9 B-12 Non-Collusion Affidavits ...................................................................................... B-10 B-13 Disadvantaged Business Enterprise (DBE) Checklist .......................................... B-10 B-14 Construction Schedule ........................................................................................ B-11

PROPOSAL BID SCHEDULE

MEASUREMENT AND PAYMENT

INFORMATION REQUIRED OF BIDDER

AGREEMENT

FAITHFUL PERFORMANCE BOND

PAYMENT BOND

PROPOSAL BOND

NON-COLLUSION AFFIDAVIT

SUBCONTRACTOR’S NON-COLLUSION AFFIDAVIT

GOOD FAITH EFFORTS CHECKLIST FOR DISADVANTAGED BUSINESS ENTERPRISE (DBE)

NOTICE OF AWARD

NOTICE TO PROCEED FORM

NOTICE TO PROCEED CHECKLIST

C – GENERAL CONDITIONS

C-1 Definitions.............................................................................................................. C-1 C-2 Correlation and Intent of Documents .................................................................. C-7 C-3 Assignment ............................................................................................................ C-7 C-4 Notice and Service Thereof ................................................................................... C-7 C-5 Cooperation with Others ...................................................................................... C-8 C-6 Personal Attention ................................................................................................ C-8 C-7 Compliance with Laws, Permits, Licenses, Approvals, Legal Obligations, Taxes ........... C-9 C-8 Indemnification ..................................................................................................... C-9 C-9 Assignments of Antitrust Actions ....................................................................... C-11 C-10 Claims and Payment of Attorneys’ Fees ............................................................. C-12 C-11 Authority of the Engineer ................................................................................... C-22 C-12 Qualifications of Bidders ..................................................................................... C-23 C-13 Contractor's License ............................................................................................ C-23 C-14 Subcontracts ........................................................................................................ C-23 C-15 Plans and Specifications ...................................................................................... C-25 C-16 Department of Industrial Relations Registration ............................................... C-26 C-17 Workers and Wages ............................................................................................ C-26 C-18 Quality Control .................................................................................................... C-29 C-19 Construction Program (Schedule)....................................................................... C-29 C-20 Superintendence ................................................................................................. C-30 C-21 Suspension of Work – Damages for Delay ......................................................... C-31 C-22 Time of Work –Termination for Delay – Time Extensions ................................. C-32 C-23 Termination for Reasons Other Than Delay ....................................................... C-33 C-24 Changes and Extra Work ..................................................................................... C-36 C-25 Changes of Contract Price ................................................................................... C-38 C-26 Claims for Extra Cost ........................................................................................... C-42 C-27 Changes of Contract Time ................................................................................... C-42 C-28 Inspection of Work .............................................................................................. C-44 C-29 Field Verification of Existing Dimensions and Ground Profiles ......................... C-45

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C-30 Conditions Affecting Work .................................................................................. C-45 C-31 Underground Facilities ........................................................................................ C-46 C-32 Protection of Work Site, Existing Structures, Roadways, Utilities, Vegetation, and Private Property...... C-49 C-33 Temporary Use of District Facilities .................................................................... C-51 C-34 Responsibility for Repair of Facilities .................................................................. C-51 C-35 Products, Material and Equipment .................................................................... C-52 C-36 Trade Names or Approved Equals ...................................................................... C-53 C-37 Special Controls ................................................................................................... C-55 C-38 Security ................................................................................................................ C-57 C-39 Relief from Duty of Protecting Work .................................................................. C-57 C-40 Guarantee and Maintenance Warranties .......................................................... C-57 C-41 Guarantee ............................................................................................................ C-59 C-42 Right to Operate Unsatisfactory Equipment ...................................................... C-60 C-43 Notice of Latent or Hazardous Conditions ......................................................... C-60 C-44 Safety ................................................................................................................... C-61 C-45 Accidents ............................................................................................................. C-62 C-46 Fire Protection ..................................................................................................... C-63 C-47 Landscape Preservation ...................................................................................... C-63 C-48 Clean-up ............................................................................................................... C-64 C-49 Submittals ............................................................................................................ C-64 C-50 Payments to Contractor and Completion .......................................................... C-72 C-51 Project Meetings ................................................................................................. C-79 C-52 Record Drawings ................................................................................................. C-81 C-53 Contract Closeout ................................................................................................ C-83 C-54 Satisfaction of Liens ............................................................................................. C-87 C-55 Waiver of Interest in Certain Situations ............................................................. C-88 C-56 Protest Procedure ............................................................................................... C-88

D – SPECIAL CONDITIONS

D-1 The Requirement ................................................................................................... D-1 D-2 Description of Work .............................................................................................. D-1 D-3 Beginning and Completion of Work ..................................................................... D-3 D-4 Labor Compliance Program .................................................................................. D-5 D-5 Federal Grant Special Provisions .......................................................................... D-6 D-6 Not Used .............................................................................................................. D-21 D-7 Liquidated Damages for Delays .......................................................................... D-21 D-8 Materials .............................................................................................................. D-21 D-9 Right-of-Way, Construction Roads, Site Access ................................................. D-22 D-10 Access Roads and Staging Area........................................................................... D-23

D-11 Surveys ................................................................................................................. D-24 D-12 Not Used .............................................................................................................. D-25 D-13 Quality Control – Testing .................................................................................... D-25 D-14 Not Used .............................................................................................................. D-25 D-15 Noise During Construction .................................................................................. D-25 D-16 Excavation Safety Plan ........................................................................................ D-25 D-17 Damage to Growing Crops .................................................................................. D-26 D-18 Destruction of Boll Weevil Host Plants ............................................................... D-26 D-19 Prevention of Water Pollution and Prevention of Air Pollution ........................ D-26 D-20 Valley Fever – Notices to Employees .................................................................. D-28 D-21 Special Environmental Requirements ................................................................ D-28 D-22 Other Special Construction Conditions .............................................................. D-36

TECHNICAL CONDITIONS

APPENDICES

DRAWINGS

**END OF SECTION**

A-1 Specifications No. SWID 26-01 Request for Bid Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project

SHAFTER-WASCO IRRGIATION DISTRICT

Kern County, California

FOR CONSTRUCTING THE

Dresser Recharge Facility, Structures, and Pipeline Project

SPECIFICATIONS NO. SWID 26-01

SECTION A

REQUEST FOR BIDS

A-1 Request for Bids

NOTICE IS HEREBY GIVEN that proposals (Bids) will be received by the Shafter-Wasco Irrigation District, hereinafter referred to as the District, for furnishing all labor, services, materials, tools, equipment, supplies, and facilities necessary therefore, transportation, utilities, and all other items as provided in the Contract Documents for the acceptable completion of the work described in Section A-4, together with all appurtenances thereto, in strict accordance with the Plans and Specifications on file at the office of the District.

The Contractor, its Subcontractors and Suppliers will be required to comply with all applicable State and Federal requirements, including, without limitation, those specifically identified in any Grant Agreement. This Project is being funded in part by a grant from the Bureau of Reclamation WaterSMART Drought Response Program: Drought Resiliency Projects.

A-2 Submitting Bids

Bids shall be submitted to the Shafter-Wasco Irrigation District office located at 16294 Central Valley Hwy, Wasco, CA 93280; Attn: Curtis M. Skaggs by Friday, September 11th at 2:00 PM whereby the bid proposals will be publicly opened.

It is the sole responsibility of the proposal provider to ensure that their bid is received in proper time and at the proper location and in the proper format. Bids received after said deadline time will be returned unopened.

A-3 Location of the Work

The work to be constructed hereunder is located within Kern County, in the vicinity of

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A-2

Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project

Wasco, California.

A mandatory pre-bid job walk will be held at 9:00 am on August 31st, 2026 at the project site. The meeting location will be on the east side of Shafter Avenue, south of Kimberlina Road, and on the south side of the Calloway Canal.

A-4 Description of Work

The work is described in Section D-2 and the Technical Specifications and plans. The Project shall be completed within three hundred and sixty-five (365) calendar days from the date of the Notice to Proceed.

A-5 Classification of Contractors License / Contractor Registration

Pursuant to Public Contract Code section 6100(b), any contractor, subcontractor, and/or specialty contractor, as defined under Business and Professions Code section 7026, submitting a Bid shall possess, at the time the Contract is awarded, that classification of contractor’s license required by law to enable the contractor to perform the Work contemplated under the Contract Documents, as more specifically set forth in the Specifications. Contractors shall provide the District with their Contractor’s license number and expiration date as provided in the Information Required of Bidder form.

No contractor or subcontractor may submit a Bid or be listed on a Bid 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 the contract for the Project or engage in Work on the Project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

A-6 Award of Contract

Award of the Contract, if made by the District, will be to the responsible Bidder submitting the lowest responsive Bid on the basis of the prices in the Proposal Bid Schedule in accordance with California Public Contract Code Section 20103.8(a). See Section B-17 for further particulars of the quoting and basis of award.

Bids will be accepted until the date and time specified in the Request for Bids. The Contract will be awarded as soon as practicable to the lowest responsible Bidder that has submitted a responsive Bid, price and other factors considered, provided its Bid is reasonable and is in the best interest of the District to accept.

AOrtiz Highlight

A-3

Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project

The District reserves the right, after reviewing Bids, to reject any or all Bids, or to make award to the lowest responsive and responsible Bidder and reject all other Bids. Refer to Paragraph B-3 for information regarding “Responsible Bidder” and submission of a “Responsive Bid”.

The successful Bidder will be notified in writing by District of the Award of Contract within 30 days after Bids are due. Accompanying the Notice of Award will be a copy of the Agreement, which successful Bidder will be required to execute properly and return to District, together with properly executed Performance Bond, Payment Bond, Certificates of Insurance and Endorsement, and Non-Collusion Affidavits, all within 5 days after date of receipt of such Notice of Award. District will promptly determine whether such Contract, and Certificates of Insurance and Endorsement are as required by the Specifications and, upon such determination, will forward a fully signed copy of the Contract to successful Bidder.

A-7 Site Conditions

Each Bidder shall carefully examine the Plans, read the Specifications and the forms of the Contract Documents, and may visit the site of the proposed work to fully inform himself as to all existing conditions and limitations that may affect the execution of work under the Contract, and each such Bidder shall include in the prices the cost of all incidentals and appurtenances. The failure or omission of any Bidder to receive or examine any form, instrument, addendum, or other document, or his failure to visit the worksite and acquaint himself with conditions at the construction site, shall in no respect relieve any such Bidder from any obligation imposed by his Bid or by the Contract. The submittal of a Bid shall be taken as prima facie evidence of compliance with all instructions contained herein.

A-8 Contract Retention

At the request and expense of the Contractor and pursuant to Public Contract Code section 22300, securities equivalent to any amount withheld by the District to ensure the Contractor’s performance under the Contract shall be deposited with the District as substitute security, or, at the Contractor’s request, with a state or federally chartered bank in California as the escrow agent. Escrow instructions shall conform to the requirements of Public Contract Code section 22300.

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Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project

A-9 Wage Rates / Compliance Monitoring

Bids shall be made in accordance with the prevailing hourly rate of per diem wages for this locality and project as determined by the Director of Industrial Relations pursuant to Labor Code section 1770 et seq. and the Davis-Bacon Act, whichever is greater. A copy of the prevailing wage determination issued by the Department of Labor current as of the publishing of this solicitation is included in the Appendix. The Contractor shall post a copy of said documents at each job site. The Contractor and any Subcontractor under him shall pay not less than the specified prevailing rate of per diem wages for general, holiday and overtime work to all workers employed in the execution of this Contract.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Each contractor and subcontractor shall furnish the records specified in Labor Code section 1776 directly to the Labor Commissions, in the manner set forth in Labor Code section 1771.4.

Contractors shall be required to post job site notices, as prescribed by regulation.

A-10 Use of Apprentices

If the project requires the employment of workers in any apprenticeable craft or trade, once awarded, the Contractor or Subcontractors must apply to the Joint Apprenticeship Council unless already covered by local apprenticeship standards under Labor Code Section 1777.5, and the Contractor shall otherwise comply with Section 1777.5.

A-11 Contract Documents

The Contract Documents shall consist of the Request for Bids, the Instructions to Bidders, the accepted Proposal Bid Schedule, the Contractor’s Licensing Statement, the Information Required of Bidders, the Agreement, the Non-Collusion Affidavits, the Disadvantaged Business Enterprise (DBE) checklist, the Notice to Proceed, General Conditions, Special Conditions, Specifications, Plans, Appendices and any Change Order or Addenda, setting forth any modifications or interpretations of any of said documents, and Grant Agreements, all of which documents are on file or will be on file in the office of the District and which are hereby referred to and made a part of this Request for Bids.

All questions about the meaning or intent of the Contract Documents or questions regarding the type of work required may be addressed to the following:

A-5

Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project

Curtis M. Skaggs, PE Dee Jaspar & Associates, Inc.

661-393-4796 cskaggs@djacivil.com

All questions or inquiries regarding the project or the Contract Documents shall be directed solely to the person listed above. Bidders shall not contact any participants in the project regarding the project or the Contract Documents prior to the time that the Bids are due.

The District may amend any provision or part of the Specifications at any time prior to three days before closing time, provided that the closing time set forth may be extended by District at any time prior to said closing time. Such amendments, if any, will be in the form of addenda. Only questions answered by formal written Addenda will be binding.

Oral and other interpretations or responses will be without legal effect and are not to be relied upon by the Bidders unless they are integrated into the written Contract Documents.

A-12 Substitute Securities

Pursuant to Public Contract Code Section 22300, equivalent securities may be substituted for monies withheld to ensure performance of the contract. The District reserves the right to solely determine the adequacy of the securities being proposed by the Contractor and the value of those securities. The District shall also be entitled to charge an administrative fee, as determined by District in its sole discretion, for substituting equivalent securities for retention amounts. The District’s decisions with respect to the administration of the provisions of Section 22300 shall be final and shall include, but not be limited to, determinations of what securities are equivalent, the value of the securities, the negotiability of the securities, the costs of administration and the determination of whether or not the administration should be accomplished by an independent agency or by the District. The District shall be entitled, at any time, to request the deposit of additional securities of a value designated by District, in District’s sole discretion, to satisfy this requirement. If the District does not receive satisfactory securities within twelve (12) consecutive days of the date of the written request, District shall be entitled to withhold amounts due to Contractor until securities of satisfactory value to District have been received.

mailto:gemartin@geiconsultants.com

A-6

Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project

Date: August 13, 2026 Shafter-Wasco Irrigation District

By: s/s Kris Lawrence General Manager

A-7

Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project

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B-1 Specifications No. SWID 26-01 Request for Bids Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project Instructions to Bidders

SECTION B

INSTRUCTIONS TO BIDDERS

B-1 Form of Proposal Bid Schedule

The Proposal Bid Schedule shall be submitted only on the form attached hereto or copies.

The Bidder shall state in figures the unit prices or the specific sums, as the case may be, for which he proposes to supply the labor, materials, supplies, or machinery, and perform the work required by the Contract and other Contract Documents, including the Specifications. If the unit price and the total amount named by a Bidder for any item are not in agreement, the unit price alone will be considered as representing the Bidder's intention and the totals will be corrected to conform thereto.

Proposals will be considered only from a Contractor(s) and/or Subcontractor(s) that is/are licensed as required under applicable provisions of the Contractors’ State License Law (California Business and Professional Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto. Each Bidder shall insert his license number in the place provided in the Information Required of Bidder form. All Contractors and/or Subcontractors submitting or included on a Proposal shall be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 and include said registration number in the place provided in the Proposal. No oral, telephonic, or telegraphic proposal or modification of a proposal will be considered.

B-2 Preparation of Proposal Bid Schedule

Blank spaces in the Proposal Bid Schedule shall be properly filled. The phraseology of the Proposal Bid Schedule must not be changed, and no additions shall be made to the items mentioned therein. Unauthorized conditions, limitations, or provisos attached to a Proposal Bid Schedule will render it informal and may cause its rejection. If erasures, interlineations or other changes appear on the form, each erasure, interlineation or change must be initialed by the person submitting the Bid. Alternative proposals will not be considered unless specifically provided for in the Bid Schedule.

Bids may be withdrawn without prejudice by written or telegraphic requests received from Bidder prior to the time Bids are due, and Bids so withdrawn will be returned to Bidders unopened.

No Bid received after the time fixed or at any place other than the place stated in the Request for Bids will be considered.

B-2

Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project Instructions to Bidders

The lowest Bid will be determined based on the submission of a responsive Bid from a responsible Bidder (refer to Section B-3).

a. Contents of Bid

Bidders shall complete and submit all documents noted as “REQUIRED” listed below for be considered responsive. Bid shall be organized and submitted as follows.

REQUIRED

1. Proposal Bid Schedule

2. Information Required of Bidder Form

3. Preliminary Construction Schedule (ref. Paragraph B-14)

4. All Issued Addenda (signed front-covers only)

5. Proof that Contractor and Subcontractors are registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

Listing the DIR number on the Information Required of Bidder Form is considered sufficient proof.

6. Proof that the Contractor(s) and/or Subcontractor(s) is/are licensed as required under applicable provisions of the Contractors' State License law (see California Business and Professional Code section 7000 et seq.), and as required under all rules and regulations adopted, applicable, and/or relevant with respect thereto. Listing the License number on the Information Required of Bidder Form is considered sufficient proof.

7. Bid Security

8. Disadvantaged Business Enterprise (DBE) Checklist

B-3 Responsible Bidder and Responsive Bid

A “Responsive Bid” is one that materially conforms in all respects to the requirements set forth in the Request for Bids and Instructions to Bidders. The District reserves the right to waive any irregularities in the Bids received.

A “Responsible Bidder” is one that has the qualifications, general competency, and resources to perform the Work. Among other matters, a Responsible Bidder is one that can demonstrate successful completion of projects involving work of scope and complexity comparable to that being installed under the Contract Documents. District

B-3

Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project Instructions to Bidders expressly reserves the right to reject any Bid if it determines that Bidder’s business or technical organization, financial resources, plant and equipment to be used in performing work, or lack of successful experience in performing work of similar scope and complexity, is such that it is not in District's best interest to accept the Bid.

B-4 Brokerage of Work Not Favorably Considered

In general, the brokerage of work will not be favorably considered, and, the subletting of the entire Contract or of substantial complete units of it will be permitted only upon an adequate showing of the necessity involving some new condition not reasonably foreseen at the time of submittal of the Bid. Additionally, subletting shall be in compliance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code section 4100, et seq.

B-5 Equalizing Factors

Wherever applicable, equalizing elements or factors not specifically mentioned or provided for herein, such as interest during construction, cost of transportation, inspection (including salaries and travel subsistence expenses), installation and operation, or any other factor or element in addition to that of price which would affect the total cost or value to the District, will be taken into consideration in comparing Bids for award of the Contract.

B-6 Servicing and Maintenance Each Bidder must, if requested, furnish evidence that there is an efficient service organization which regularly carries a stock of repair parts for the proposed equipment to be furnished and installed in the work and that the organization is conveniently located for prompt service.

B-7 Local Conditions

Before submitting a Bid, the Bidder shall carefully examine the Plans, read the Specifications and all other Contract Documents, visit the site of the work, and fully inform himself as to all conditions and limitations, including the character of equipment and facilities needed preliminary to and during the prosecution of the work, the uncertainty of weather, site accessibility, groundwater level, and soil conditions along the line or work, and as to all other matters which can in any way affect the work to be done. Failure to do so will not release Bidders from the responsibility for estimating properly the

B-4

Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project Instructions to Bidders difficulty or cost of successfully performing the work. The District makes no representation or warranty regarding the accuracy or interpretation of information derived from maps, plans, specifications, profiles, drawings, borings, or other investigations and will not be responsible for any understanding or representations concerning conditions made by any of its officers or agents, including the Engineer or his assistants, prior to the execution of the Contract. The quantities of work or material stated in the unit price items of the Bid Schedule are given only as a basis for the comparison of Bids, and the District does not represent or warrant that the actual amount of work or material will correspond therewith, but reserves the right to increase or decrease the quantity of any unit price items of the work as may be deemed necessary or expedient by the Engineer.

This Project is being funded in part by a grant from the Bureau of Reclamation WaterSMART Drought Response Program: Drought Resiliency Projects.

B-8 Execution of Contract

The District reserves the right to accept or reject Bids for a period of sixty (60) calendar days after date of opening, and no Bid can be withdrawn during said period. A Bidder to whom award is made shall execute a written Contract with the District in the form attached hereto and obtain insurance of the types and character and in the amounts required in Paragraph B-9 and B-10 within five (5) calendar days from the date of the mailing of a notice from the District to the Bidder of the acceptance of his Bid, or such additional time as may be allowed by the Engineer. If a Bidder to whom award is made fails or refuses to so perform, the award will be annulled, and in the discretion of the District, an award may be made to the Bidder whose Bid is next most acceptable to the District; and such Bidder shall fulfill every requirement hereof as if he were the party to whom the first award was made.

B-9 Workers’ Compensation Insurance

Prior to execution of the Contract as specified under Paragraph C-17 and in conformance with Section 3700 et seq. of the California Labor Code, a Bidder to whom the Contract has been awarded shall sign and file with the District the following certification: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.” In addition, before the

B-5

Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project Instructions to Bidders

Contract is executed on behalf of the District, a Bidder to whom the Contract has been awarded shall furnish satisfactory evidence that he has secured, in the manner required by law, the payment of the workers’ compensation provided for in the California Labor Code and all amendments thereto.

B-10 Insurance

a. Indemnification

To the extent permitted by law, Contractor shall defend, indemnify and hold harmless Shafter-Wasco Irrigation District, its directors, officers, employees, agents, and authorized volunteers; the State of California; the California Department of Water Resources; the United States; the United States Bureau of Reclamation; the Engineer; and their respective directors, officers and agents from and against all claims, damages, losses and expenses, including reasonable attorneys’ fees and costs to defend arising out of the performance of the work described herein, and caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the Shafter-Wasco Irrigation District, its directors, officers, employees, and authorized volunteers.

b. Minimum Scope and Limits of Insurance

Contractor shall procure and maintain for the duration of the contract, and for 10 years thereafter, insurance against claims for injuries or death to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

c. Coverage

Coverage shall be at least as broad as the following:

1. General Liability - Commercial General Liability (CGL) - Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 00 01) including products and completed operations, property damage, bodily injury, personal and advertising injury with limit of at least five million dollars ($5,000,000) per occurrence or the full per occurrence limits of the policies available, whichever is greater. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (coverage as broad as the ISO CG 25 03, or ISO CG 25 04 endorsement provided to Shafter-Wasco Irrigation District), or the general aggregate limit shall be twice the required occurrence limit.

B-6

Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project Instructions to Bidders

2. Automobile Liability - Insurance Services Office (ISO) Business Auto Coverage (Form CA 00 01), covering Symbol 1 (any auto) with a limit of one million dollars ($1,000,000) for bodily injury and property damage each accident.

3. Workers' Compensation Insurance -. The Contractor shall provide workers’ compensation coverage as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Waiver of Subrogation (also known as Transfer of Rights of Recovery Against Others to Us): The Contractor hereby agrees to waive rights of subrogation to obtain endorsement necessary to affect this waiver of subrogation in favor of the Shafter-Wasco Irrigation District, its directors, officers, employees, and authorized volunteers, for losses paid under the terms of this coverage which arise from work performed by the Named Insured for the Shafter-Wasco Irrigation District;

this provision applies regardless of whether or not the Shafter-Wasco Irrigation District has received a waiver of subrogation from the insurer.

4. Builder’s Risk – (Course of Construction) - insurance utilizing an “All Risk” (Special Perils) coverage form with limits equal to the completed value of the project and no coinsurance penalty provision. See Responsibility of Work

If the Contractor maintains broader coverage and or/higher limits than the minimums shown above, the Member Water Agency requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum of insurance and coverage shall be available to the Member Water Agency)

d. Other Required Provisions

The Commercial General Liability and Auto Liability policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status: Shafter-Wasco Irrigation District, its directors, officers, employees, agents, and authorized volunteers are to be given insured status (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01), with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance.

2. Primary Coverage: For any claims related to this project, the Contractor’s insurance coverage shall be primary at least as broad as ISO CG 20 01 04 13 as respects to the Shafter-Wasco Irrigation District, its directors, officers, employees, and authorized volunteers. Any insurance or self-insurance maintained by the Shafter-Wasco Irrigation District, its directors, officers, employees, and authorized

B-7

Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project Instructions to Bidders volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

e. Notice of Cancellation

Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Shafter-Wasco Irrigation District.

f. Acceptability of Insurers

Insurance is to be placed with insurers having a current A.M. Best rating of no less than A:

VII or equivalent or as otherwise approved by Shafter-Wasco Irrigation District.

The Contractor agrees and he/she will comply with such provisions before commencing work. All the insurance policies shall be provided on policy forms and through companies satisfactory to Shafter-Wasco Irrigation District. The Shafter-Wasco Irrigation District reserves the right to obtain complete, certified copies of all required insurance policies, including the policy declarations page with endorsement numbers. Failure to continually satisfy the Insurance requirements is a material breach of contract.

g. Responsibility for Work

Until the completion and final acceptance by Shafter-Wasco Irrigation District of all the work under and implied by this agreement, the work shall be under the Contractor’s responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections, and repairs occasioned or rendered necessary by causes of any nature whatsoever.

The Contractor shall provide and maintain builder’s risk (course of construction) or an installation floater (for materials and equipment) covering all risks of direct physical loss, damage or destruction to the work in the amount specified in the General Conditions, to insure against such losses until final acceptance of the work by Shafter-Wasco Irrigation District. Such insurance shall insure at least against the perils of fire and extended coverage, theft, vandalism and malicious mischief, and collapse. The Policy shall be endorsed with Member Water Agency, its directors, officers, employees, and authorized volunteers named as loss payee, as their interest may appear. The making of progress payments to the Contractor shall not be construed as creating an insurable interest by or for Shafter- Wasco Irrigation District or be construed as relieving the Contractor or his/her subcontractors of responsibility for loss from any direct physical loss, damage or destruction occurring prior to final acceptance of the work by Shafter-Wasco Irrigation District.

h. Deductibles and Self-Insured Retentions

Insurance deductibles or self-insured retentions must be declared by the Contractor and

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Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project Instructions to Bidders approved by the Shafter-Wasco Irrigation District. At the election of Shafter-Wasco Irrigation District, the Contractor shall either cause the insurer to reduce or eliminate such self-insured retentions as respects the Shafter-Wasco Irrigation District, its directors, officers, employees, and authorized volunteers or the Contractor shall provide a financial guarantee satisfactory to the Shafter-Wasco Irrigation District guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the Member Water Agency.

i. Verification of Coverage - Evidence of Insurance

The contractor shall furnish the Shafter-Wasco Irrigation District with copies of certificates and amendatory endorsements effecting coverage required by this contract.

All certificates and endorsements are to be received and approved by the Shafter-Wasco Irrigation District before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Shafter-Wasco Irrigation District reserves the right to require complete, certified copies of all required insurance policies, including policy Declaration pages and Endorsement pages, required by these specifications, at any time. Failure to continually satisfy the Insurance requirements is a material breach of contract.

j. Continuation of Coverage

The Contractor shall, upon demand of Shafter-Wasco Irrigation District deliver evidence of coverage showing continuation of coverage for at least ten (10) years after completion of the project (not applicable to Builders’ Risk). Contractor further waives all rights of subrogation under this agreement. When any of the required coverages expire during the term of this agreement, the Contractor shall deliver the renewal certificate(s) including the general liability additional insured, primary/non-contributory endorsements and evidence of waiver of rights of subrogation against Shafter-Wasco Irrigation District (for Workers’ Compensation) to Shafter-Wasco Irrigation District at least ten (10) days prior to the expiration date.

k. Umbrella or Excess Policies

The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Shafter-Wasco Irrigation District, whether primary or excess, and which also apply to a

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Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project Instructions to Bidders loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

l. Sub-Contractors

In the event that the Contractor employs other Contractors (sub-contractors) as part of the work covered by this agreement, it shall be the Contractor’s responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above (via CGL endorsement as broad as ISO CG 20 38 04 13). The Contractor shall, upon demand of Member Water Agency, deliver to Member Water Agency copies such policy or policies of insurance and the receipts for payment of premiums thereon.

m. General Conditions

Safety - In the performance of this contract the Contractor shall comply with all applicable federal, state and local statutory and regulatory requirements including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S.

Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict in regulations, the most stringent shall apply. The Contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. Safety precautions shall include adequate life protection and life-saving equipment associated with this project

Contractor must obtain all applicable Division of Occupational Safety and Health (Cal/- OSHA) permit(s) and others required by California Labor Code and California Government Code, prior to the initiation of any practices, work, method, operation, or process related to the work covered in the contract. Permits required by governmental authorities will be obtained at Contractor’s expense.

It is a condition of this contract, and shall be made a condition of each subcontract which the Contractor enters into pursuant to this contract, that the Contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under Cal/OSHA safety and health standards.

The Contractor shall be responsible for safeguarding all utilities, including requirements with GC 4216, Regional Notification Center System “811.”

B-11 Subcontracts

Bidder shall furnish information regarding its Subcontractors in substantially the form set forth in the Bid forms. If no Subcontractors are to be used, Bidder shall so state. Bidder's attention is directed to Sections 4100 through 4113 of the California Public Contract Code

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Shafter-Wasco Irrigation District July 2026 Dresser Recharge Project Instructions to Bidders for requirements and provisions relative to Subcontractors. No substitution of subcontractors by the Bidder shall be consented to or permitted except in accordance with the provisions of Public Contract Code Sections 4107 and 4107.5.

The Bidder shall perform with his own organization, work equivalent to at least sixty (60) percent of the total Contract price, and no more than work equivalent to forty (40) percent of the total Contract price may be performed by subcontractors. The cost of Contractor-furnished materials installed by labor carried on the Bidder’s own payroll may be included in the above required sixty (60) percent.

In conformance with the provisions of Section 4104 of the Public Contract Code of the State of California, each Bidder shall set forth in his or her Information Required of Bidder form:

a. The name and location of the place of business of each subcontractor…