Groundwater Recharge Capacity Expansion Project - Ferro Recharge.pdf

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR

GROUNDWATER RECHARGE CAPACITY EXPANSION

PROJECT

FERRO RECHARGE

SPECIFICATION NO. 26-03

(A component of CIP 8018 Freeman Diversion Improvement Project – Conveyance)

UNITED WATER CONSERVATION DISTRICT

1701 N. Lombard Street, Suite 200 Oxnard, California 93030

Tel: (805) 525-4431 Fax: (805) 525-2661

June 30, 2026

GROUNDWATER RECHARGE CAPACITY EXPANSION PROJECT

(SPECIFICATION NO. 26-03)

TABLE OF CONTENTS

NOTICE INVITING BIDS: Page No.

N-1 Notice N-1 N-2 Location of Work N-1 N-3 Description of Work N-1 N-4 Completion of Work N-1 N-5 Classification of Contractors' Licenses N-1 N-6 Conformity with Bid Instructions N-1 N-7 Mandatory Pre-bid Conference and Site Inspection N-2 N-8 Bid Security N-2 N-9 Bids to Remain Open N-2 N-10 Securities Withheld to Ensure Performance N-2 N-11 Prevailing Wage Rates N-2 N-12 Contract Documents N-2 N-13 Payment & Performance Bonds N-2 N-14 Procurement Policy N-3

INSTRUCTIONS TO BIDDERS:

I-1 Form of Bid and Signature; Subcontractors I-1 I-2 Discrepancies in Bid I-1 I-3 Modifications and Unauthorized Alternative Bids I-2 I-4 Withdraw of Bid I-2 I-5 Rejection of Bids; Award of Contract I-2 I-6 Licensing of Contractors I-3 I-7 Competency of Bidders I-3 I-8 Disqualification of Bidders I-3 I-9 Bid Security I-4 I-10 Bidder’s Examination of Contract Documents I-4 I-11 Quantities of Work I-5 I-12 Execution of Contract I-5 I-13 Bonds I-6 I-14 Liability Insurance I-6 I-15 Assignment of Contract I-6 I-16 Financial Statement I-7 I-17 Substitute or “Or Equal” Items I-7 I-18 Liquidated Damages I-7 I-19 Workers Compensation Certification I-7 I-20 Required Documents I-7 I-21 Defined Terms I-7

PROPOSAL FORMS:

Bid Proposal and Declaration P-1 Bid Schedule P-4 Information Required of Bidder P-5 List of Subcontractors P-10

Information Required of Subcontractor P-13 Bid Security Forms P-15 Non-Collusion Declaration (Contractor) P-18

AGREEMENT:

Agreement A-1 Faithful Performance Bond A-7 Payment Bond A-11 Non-Collusion Affidavit (Subcontractor) A-15 Administrative Notice to Proceed (NTP-1) A-16 Construction Notice to Proceed (NTP-2) A-17

GENERAL PROVISIONS:

ARTICLE 1: DEFINITIONS, TERMS AND ABBREVIATIONS

1-1 Definitions G-1 1-2 Terms G-4 1-3 Abbreviations G-4 1-4 Citations G-5

ARTICLE 2: PROPOSAL REQUIREMENTS AND CONDITIONS

2-1 Contract Documents G-5 2-2 License G-5 2-3 Proposals G-6 2-4 Addenda G-6 2-5 Existing Conditions and Examination of Contract Documents G-7

ARTICLE 3: SCOPE OF WORK

3-1 Work to Be Done G-8 3-2 Changes in the Work G-8 3-3 Extra Work G-9 3-4 Obstructions G-10 3-5 Utilities G-10 3-6 Plans and Specifications Furnished by the Owner G-11 3-7 Cleanup G-11 3-8 Protests G-12 3-9 Disputes and Claims G-12

ARTICLE 4: QUALITY OF THE WORK

4-1 Authority of the Owner's Representative G-17 4-2 Supplemental Drawings G-17 4-3 Conformity with the Contract

Documents and Allowable Deviations G-18 4-4 Manufacturer's Instructions G-18 4-5 Interpretation of Plans and Specifications G-18 4-6 Errors or Discrepancies Noted by Contractor G-18 4-7 Supervision and Superintendence G-19 4-8 Shop Drawings G-19 4-9 Quality and Safety of Materials and Equipment G-20 4-10 Standards, Codes, Samples, and Tests G-21 4-11 Observation of Work by Owner's Representative G-22 4-12 Removal of Defective and Unauthorized Work G-22 4-13 One-Year Guarantee G-23 4-14 As-Built Drawings G-24

ARTICLE 5: PROSECUTION AND PROGRESS

5-1 Subcontracting G-24 5-2 Contractor's Construction Schedule and Cost Breakdown G-25 5-3 Time for Completion and Forfeiture Due to Delay G-28 5-4 Suspension of Work G-29 5-5 Extension of Time G-29 5-6 Use of Completed Portions G-30 5-7 Character of Workers G-31 5-8 Enforcement of Order G-31 5-9 Use of Owner's Property During Construction G-31

ARTICLE 6: LEGAL RELATIONS AND RESPONSIBILITIES

6-1 Observing Laws and Ordinances G-31 6-2 Permits and Licenses G-32 6-3 Inventions, Patents, and Copyrights G-32 6-4 Safety and Public Convenience G-33 6-5 Responsibility for Loss, Damage, or Injuries G-34 6-6 Contractor's Responsibility for the Work G-34 6-7 Preservation of Property G-34 6-8 Excavation Plans for Worker Protection

Required by Labor Code Section 6705 G-35 6-9 Personal Liability G-35 6-10 Indemnity G-35 6-11 Hours of Labor G-36 6-12 Prevailing Wage G-36 6-13 Travel and Subsistence Payments G-37 6-14 Apprentices G-38 6-15 Warranty of Title G-39 6-16 Property Rights in Materials G-40 6-17 Title to Materials Found on the Work G-40 6-18 Mutual Responsibility of Contractors G-40 6-19 Termination for Breach G-41 6-20 Termination for Convenience G-42 6-21 Notice and Service Thereof G-42 6-22 Lands and Right-of-Way G-43 6-23 Waiver of Rights G-43

6-24 Taxes G-43 6-25 Assignments of Antitrust Actions G-43 6-26 Payroll Records G-44 6-27 Notice of Latent or Hazardous Conditions G-45 6-28 Contractor's Obligations Concerning Payment of Workers'

Compensation and Unemployment Insurance G-46 6-29 Certification of Postconsumer Material G-46

ARTICLE 7: CONTRACTOR'S INSURANCE

7-1 General G-46 7-2 Workers' Compensation Insurance G-48 7-3 Liability Insurance G-48 7-4 Builder's Risk (Course of Construction) Insurance G-50 7-5 Contractor's Liability Not Limited by Insurance G-50

ARTICLE 8: ESTIMATES AND PAYMENTS

8-1 Payment for Changes in the Work G-50 8-2 No Payment for Temporary Work G-54 8-3 Progress Payments G-54 8-4 Final Estimate and Payment G-55 8-5 Owner's Right to Withhold Certain Amounts and Make Application Thereof G-57 8-6 Cost Statement G-58

ARTICLE 9: MISCELLANEOUS PROVISIONS G-58

SPECIAL PROVISIONS:

SP-1 Contract Documents Precedence S-1 SP-2 [Reserved] S-1 SP-3 Insurance Coverage Amounts S-1 SP-4 Time For Completion and Forfeiture Due to Delay S-1 SP-5 Period Which Bids Remain Valid S-1 SP-6 Meetings S-2 SP-7 Working Hours S-2 SP-8 Additional Safety Requirements S-2

SP-9 Noise Abatement S-2 SP-10 Fugitive Dust Abatement S-2 SP-11 Dewatering S-3 SP-12 Storm Water Pollution Control Measures S-3 SP-13 Water Supply S-3 SP-14 Power Availability S-3 SP-15 Sanitation S-3 SP-16 Construction Surveys S-3 SP-17 Contract Drawings (Plans) S-3 SP-18 Submittals (Shop Drawings) S-4 SP-19 Bid Description S-4

SPECIFICATIONS:

DIVISION 01 — GENERAL REQUIREMENTS

01 11 00 - SUMMARY OF WORK

01 14 33 - WORK IN RIGHTS-OF-WAY

01 22 00 - MEASUREMENT AND PAYMENT

01 25 00 - SUBSTITUTION PROCEDURES

01 26 00 - CONTRACT MODIFICATION PROCEDURES

01 31 13 - PROJECT COORDINATION

01 31 19 - PROJECT MEETINGS

01 32 16 - CONSTRUCTION PROGRESS SCHEDULE

01 32 33 - PROJECT PHOTOGRAPHIC DOCUMENTATION

01 33 00 - SUBMITTAL PROCEDURES

01 35 43.13 - ENVIRONMENTAL PROCEDURES FOR HAZARDOUS MATERIALS

01 35 44 - SPILL PREVENTION CONTROL AND COUNTERMEASURES PLAN

01 41 24 - PERMIT REQUIREMENTS

01 41 26 – STORMWATER POLLUTION PREVENTION PLAN AND PERMIT

01 42 00 - REFERENCES

01 52 13 - CONTRACTOR'S FIELD OFFICE AND SHEDS

01 55 13 - VEHICULAR ACCESS AND PARKING

01 57 05 - TEMPORARY CONTROLS

01 57 33 - TEMPORARY SECURITY

01 62 00 - PRODUCT OPTIONS

01 65 00 - PRODUCT DELIVERY REQUIREMENTS

01 66 00 - PRODUCT STORAGE AND HANDLING REQUIREMENTS

01 71 14 - MOBILIZATION AND DEMOBILIZATION

01 71 23 - FIELD ENGINEERING

01 71 33 - PROTECTION OF THE WORK AND PROPERTY

01 74 00 - CLEANING

01 77 19 - CLOSEOUT REQUIREMENTS

DIVISION 03 — CONCRETE

03 00 05 - CONCRETE

03 05 05 - CONCRETE TESTING AND INSPECTION

03 15 19 - ANCHORAGE TO CONCRETE

DIVISION 05 — METALS

05 50 00 - METAL FABRICATIONS

DIVISION 07 — THERMAL AND MOISTURE PROTECTION

07 16 16 - CRYSTALLINE CEMENTITIOUS WATERPROOFING

07 92 00 - JOINT SEALANTS

DIVISION 09 — FINISHES

09 96 00 - HIGH PERFORMANCE INDUSTRIAL COATINGS

DIVISION 10 — SPECIALTIES

10 14 00 - IDENTIFICATION DEVICES

DIVISION 31 — EARTHWORK

31 10 00 - SITE CLEARING

31 23 05 - EXCAVATION AND FILL

31 23 16.43 - TEMPORARY SUPPORT OF EXCAVATIONS

31 23 19 - DEWATERING

DIVISION 33 — UTILITIES

33 05 23 - TRENCHLESS UTILITY CROSSINGS – MICROTUNNELING

DIVISION 40 — PROCESS INTERCONNECTIONS

40 05 39 - PIPE - REINFORCED CONCRETE

40 05 58 - CAST IRON SLIDE GATES

APPENDICES

Appendix A – Plans Appendix B – Geotechnical Report Appendix C – Caltrans Encroachment Permit Provisions Appendix D – Mitigation, Monitoring, and Reporting Program Appendix E – Final Initial Study - Mitigated Negative Declaration

NOTICE INVITING BIDS

Page N-1

UNITED WATER CONSERVATION DISTRICT

1701 N. Lombard Street, Suite 200

Oxnard, California 93030

NOTICE INVITING BIDS

For the Construction of the Groundwater Recharge Capacity Expansion Project - Specification No. 26-03

N-1 NOTICE IS HEREBY GIVEN that sealed bids will be received by United Water Conservation District, a public agency (hereinafter "Owner"), at the Board Room at its office, 1701 N. Lombard Street, Suite 200, Oxnard, CA 93030, until 2:00 p.m. on August 17, 2026 at which time and place the bids will be publicly opened and read aloud for the construction (including the furnishing of all plant, labor, materials, tools, services, materials, supplies, transportation, equipment, utilities, and other necessary items and facilities) of the Work and all appurtenances thereto as described in Section N-3. All Work must be performed in strict accordance with the specifications and drawings on file at the office of Owner. Bids shall be submitted in sealed envelopes marked as directed in the Instructions to Bidders. It is each bidder’s sole responsibility to ensure its bid is timely delivered and received at the required location. Bids received at the wrong location or after the deadline specified will be returned unopened to the bidder.

N-2 LOCATION OF THE WORK -- The Work to be constructed pursuant to the Contract Documents is located on Vineyard Ave in the unincorporated area of Ventura County, California.

N-3 DESCRIPTION OF WORK

Construct two 60-inch reinforced concrete pipe hydraulic connections for stormwater conveyance between United Water Conservation District’s Ferro and Noble infiltration basins. Pipe will be installed with traditional trenching methods within the basins and microtunneling trenchless methods within Caltrans Right-of-Way.

N-4 COMPLETION OF WORK – Time is of the essence. The Work must be fully completed within time set forth in the Agreement. Liquidated damages will be assessed as set forth in the Agreement for failure to meet the specified completion date.

N-5 CLASSIFICATION OF CONTRACTORS' LICENSES & DIR REGISTRATION– In accordance with Public Contract Code section 3300 and Business and Professions Code section 7059(b), a Contractor submitting a proposal for performance of the Work shall possess a valid Class A license at the time of bid. A Contractor shall certify that the license(s) specified herein is/are the classification(s) of contractor’s license(s) required by law to perform the Work contemplated by the Contract Documents. A Contractor shall provide Owner with its Contractor’s license number and expiration date as provided in its bid, and shall present satisfactory evidence that it is licensed and in good standing. The Contractor or any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in the Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

N-6 CONFORMITY WITH BID INSTRUCTIONS – Each bid must conform and be responsive to the bid Contract Documents. Failure to conform to the Instructions to Bidders may render a bid non-responsive. The Owner reserves the right to reject any or all bids, to waive any informalities or irregularities in any bids or in the bidding process, and to make an award to the lowest responsive

Page N-2 and responsible bidder and reject all other bids, as it may serve the best interest of Owner. A good faith determination by the Owner as to whether a bid is responsive or whether a bidder is responsible shall be final, conclusive and binding, and shall not be the basis of a claim for lost profits or other damages by a bidder to whom the Contract is not awarded.

N-7 MANDATORY PREBID CONFERENCE AND SITE INSPECTION. All interested bidders and third parties shall attend a Prebid Conference and Site Inspection on July 23, 2026 commencing at 2 p.m., at United Conservation District’s Noble Basin entrance, per the Contract Documents. The Prebid Conference and Site Inspection is mandatory for submission of a bid. The Prebid Conference and Inspection shall begin promptly at the listed time and those arriving late may not be admitted nor allowed to sign in. Failure to attend the entire Prebid Conference and Site Inspection shall render a bid non-responsive. A sign-in sheet will be utilized for attendance verification purposes.

N-8 BID SECURITY -- Each bid shall be submitted under sealed cover and must be accompanied by a certified or cashier's check, or by a corporate surety bond on the form furnished by the Owner (hereinafter "Bid Security"), as set forth in the Instructions to Bidders in an amount not less than ten percent (10%) of the total amount of the bid. Failure to include the proper Bid Security shall render a bid non-responsive.

N-9 BIDS TO REMAIN OPEN -- The bidder shall guarantee the total bid price for a period of sixty

(60) consecutive calendar days from the date of Bid Opening.

N-10 SECURITIES WITHHELD TO ENSURE PERFORMANCE -- At the request and expense of the Contractor and pursuant to Public Contract Code section 22300, the Contractor may substitute certain securities for any money held by Owner to insure performance of the Contract, except where not allowed by law. At the Contractor’s request and expense, securities equivalent to any amount withheld shall be deposited with the Owner, or with a state or federally chartered bank as the escrow agent who shall then pay those monies to the Contractor and shall return such securities to the Contractor upon satisfactory completion of the Contract. Alternatively, and at the request and expense of the Contractor, retention monies earned may be deposited directly with the escrow agent.

Deposit of securities with an escrow agent shall be subject to written agreement between the escrow agent and Owner which shall conform to the requirements of Public Contract Code section 22300, incorporated herein by reference.

N-11 PREVAILING WAGE RATES – Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations for the locality where the work is to be performed. A copy of the wage rate schedule is on file at the office of Owner and shall be made available upon request. The wage rate schedule can also be found at www.dir.ca.gov. The Contractor shall post a copy of the schedule at the Work site. The Contractor and any of its subcontractors 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.

N-12 CONTRACT DOCUMENTS -- A full set of Contract Documents as defined in the General Provisions (including drawings and specifications) and the Agreement is available for inspection without charge at the office of the Owner and are hereby made a part of this Notice Inviting Bids.

Complete sets of said Contract Documents may be obtained from bidnet direct (https://www.bidnetdirect.com/california/unitedwaterconservationdistrict).

N-13 PAYMENT & PERFORMANCE BONDS -- Separate payment and performance bonds, each in an amount equal to 100% of the total Contract Price, are required, and shall be provided to the Owner prior to execution of the Contract and shall be in the form set forth in the Contract Documents.

https://www.bidnetdirect.com/california/unitedwaterconservationdistrict

Page N-3

All bonds (bid, performance, and payment) must be issued by a California admitted surety as defined in California Code of Civil Procedure section 995.120.

N-14 PROCUREMENT POLICY -- Pursuant to the Owner’s approved Procurement Policy, water conservation districts like United Water Conservation District are not included within, and are not subject to, competitive bidding requirements under the California Public Contract Code unless specifically noted, or to the extent noted, in the Contract Documents.

SPECIFICATON No. 26-03 INSTRUCTIONS TO BIDDERS GROUNDWATER RECHARGE EXPANSION PROJECT Page I-1

INSTRUCTIONS TO BIDDERS

I-1 FORM OF BID AND SIGNATURE; SUBCONTRACTORS - (a) The Bid shall be submitted on the Proposal and Bid Forms attached hereto. The Bid shall be signed and enclosed in a sealed envelope marked in the upper left hand corner with the name and address of the Bidder, shall bear the words “Bid For” followed by the title of the Contract Documents for the Work and the date and time for opening of Bids, the name of “UNITED WATER CONSERVATION DISTRICT”, and addressed as provided in the Notice Inviting Bids. Bids shall be submitted to the United Water Conservation District,1701 N. Lombard Street, Suite 200, Oxnard, CA 93030. The Bid Security shall be enclosed in the same envelope with the Bid. No Bid received after the time named or at any place other than the place stated in the Notice Inviting Bids will be considered. It is the sole responsibility of the Bidder to see that its Bid is timely received by Owner. Any Bid received after the scheduled time will be returned to the Bidder unopened. All Bids will be opened and declared publicly on the established date.

(b) Bids must be submitted for the entire Work described therein. Bids shall include the cost of all items shown on the drawing(s) and mentioned in the specifications, or reasonably inferred therefrom as necessary to complete the Work within the intent of the Contract Documents. The Bid shall also include all necessary permits, license fees, Federal, State or other taxes, cost of insurance, bonds and all other costs incidental to the Work to be performed. Each Bidder shall state the unit price or the specific sums, as the case may be, in the manner required by the Proposal. Each Bid shall identify the surety or sureties which have agreed to furnish the required bonds.

(c) If the Bid is made by an individual, it shall be signed and his or her full name and address shall be given. If the Bid is made by a partnership, it shall be signed with the partnership name by a partner of the firm, who shall also sign his or her own name, and the name and address of each partner shall be given. If the Bid is made by a corporation, it shall be signed on behalf of the corporation by its duly authorized officer(s) and attested by the corporate seal.

(d) Bidders shall comply with the requirements of the Subletting and Subcontracting Fair Practices Act. In accordance with the provisions of Public Contract Code section 4100 et seq., each Bid shall contain the name, the location of the place of business, the California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each proposed subcontractor who will perform work or labor or render service to the principal Contractor in an amount greater than one-half of one percent (0.5%) of the principal Contractor’s Bid, and the Bid shall state the portions of the Work which will be done by each such subcontractor. A prime Contractor shall list only one subcontractor for each portion o the Work as defined in the Bid.

(e) Owner may require additive or deductive bids. If so, such will be noted in the Proposal Form. Additive or deductive bids will be handled in accordance with Public Contract Code section 20103.8.

I-2 DISCREPANCIES IN BID - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as nonresponsive and may cause its rejection. In the event that there are unit price Bid Items in the Bid Schedule and the “amount” indicated for a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly and the Bidder shall be bound by such correction, subject to the

GROUNDWATER RECHARGE EXPANSION PROJECT Page I-2 provisions of Section 5100 et seq. of the California Public Contract Code. In the event that there is more than one Bid Item in a Bid Schedule and the total indicated for the Schedule does not agree with the sum of the prices bid on the individual items, the prices bid on the individual items shall govern and the total for the Schedule will be corrected accordingly, and the Bidder shall be bound by said correction subject to the provisions of Section 5100 et seq. of the California Public Contract Code. In the event of inconsistency between words and figures in any Bid price, the price that results in the lower cost to the Owner shall prevail and govern.

Bid proposals in which the prices are obviously unbalanced may be rejected. If, in the Owner’s sole discretion, it determines any pricing, costs or other information submitted by a Bidder may result in an unbalanced Bid, the Owner may deem such Bid non-responsive. A Bid may be determined by the Owner to be unbalanced if the Bid is based on prices significantly less than the cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the Bid will result in the lowest overall cost to the Owner even though it may be the low evaluated Bid, or if it is so unbalanced as to be tantamount to allowing an advanced payment.

I-3 MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Blank spaces in the Bid proposal form shall be properly completed. The phraseology of the Bid proposal form must not be changed and no additions shall be made to the items mentioned therein. Completed Bids may not contain interlineations, alterations, erasures, conditions, limitations or provisions.

Insertion of these items shall render the Bid informal or nonresponsive and may cause its rejection. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. No Bid will be considered unless it is made on the Bid proposal form furnished by Owner and attached hereto. Oral, facsimile, telegraphic or telephone Bids or modifications will not be considered.

I-4 WITHDRAWAL OF BID - Any Bidder may withdraw its Bid before the time fixed for opening Bids by a written request to the Owner signed by the Bidder or its authorized representative and delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. An oral, facsimile, email, telegraphic or telephone request to withdraw or alter a Bid will not be accepted. No Bid may be withdrawn after the time fixed for opening of Bids. Unless otherwise specified in the Special Provisions made a part of these Contract Documents, all Bids shall be valid for a period of sixty (60) days after the Bid opening date, notwithstanding any award of the Contract by Owner to another Bidder.

I-5 REJECTION OF BIDS; AWARD OF CONTRACT – Pursuant to the Owner’s Procurement Policy effective July 1, 2025, water conservation districts like the Owner are not included within, and are not subject to, competitive bidding requirements in the California Public Contract Code.

The Owner reserves the right to waive any informality or irregularity in any Bid or the bidding process, to reject any or all Bids, to reject one part of a Bid and accept another, and to make award of the Contract to the lowest responsible and responsive Bidder as it may serve the best interest of the Owner. Bid proposals may be rejected if they show any alterations of forms, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

All such determinations shall be at the sole discretion of Owner. If the Bid amount is changed after the amount is originally inserted, the change must be initialed. Deviations from specifications and/or drawings will not be considered and may be cause for rejection of the Bid. The Owner’s waiver of any deviation or defect shall in no way modify the Contract Documents or excuse the Bidder from full compliance with the Contract Documents if awarded the Contract. A good faith determination by the Owner as to whether the Bid is responsive or a Bidder is responsible shall

GROUNDWATER RECHARGE EXPANSION PROJECT Page I-3 be deemed final, conclusive and binding and shall not be the basis for a claim of lost profits or other damages by a Bidder to whom the Contract is not awarded.

Award of the Contract, if it is awarded, will be based primarily on the lowest overall cost to Owner, and will be made to a responsive and responsible Bidder (as more fully set forth in Section I-7) whose Bid complies with the requirements herein. Unless otherwise specified, any such award will be made within the time period stated in the Notice Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of the Bidders. Unless otherwise indicated, a single award will be made for not less than all of the bid items of an individual bid schedule. In the event the Work is contained in more than one bid schedule, Owner may award schedules individually or in combination. In the case of two or more bid schedules which are alternative to each other, only one of such alternative schedules will be awarded.

I-6 LICENSING OF CONTRACTORS – Except as otherwise provided under Public Contract Code section 20103.5 (where federal funds are involved), no Bid for the Work will be accepted from a Contractor who does not hold a valid contractor’s license in the State of California for the classifications named in the Notice Inviting Bids at the time of opening Bids. The Contractor shall provide proof of current licensing status and may be required to provide a signed statement which declares, under penalty of perjury, that the pocket license or Certificate of Licensure presented is his/her license, is current and valid and is in a classification appropriate to the work to be undertaken. The Contractor shall maintain the required license in good standing throughout the course of the Work.

I-7 COMPETENCY OF BIDDERS – Subject to any requirements in Public Contract Code section 20101, in determining a responsible Bidder, consideration will be given to the trustworthiness, quality, fitness and capacity of the Bidder, which includes, but is not limited to, the general experience of the Bidder to satisfactorily perform the work covered by the Bid.

Professional integrity and honesty shall be essential requirements. In selecting a responsible Bidder, consideration will be given, but not limited to, the following: (a) the Bidder’s general competence and experience for performance of the Work; (b) information contained in the “Information Required of Bidders” form; and (c) any further information for the above purposes, as may be requested. Contractors shall submit, via the “Information Required of Bidders”, an all-inclusive list of similar projects performed by the Contractor within the past five (5) year period.

This list shall include the size of the project in dollars, the agency or client for whom the Work was performed and the name and title of the agency or client contact person. The list must include at least five (5) jobs similar in size and scope to that contemplated herein. Failure to submit a complete list or to have that list include at least five (5) jobs similar in size and scope to that contemplated herein, may render a proposal informal or nonresponsive and may result in its rejection by Owner. Corporations bidding must currently be qualified to do business in California by 3:00 p.m. on the day of Bid opening. Both domestic and foreign corporations incorporated outside of California must be in good standing in order to be qualified to bid on this project. A Bidder’s failure to accurately complete and submit all information required in the “Information Required of Bidder” form may cause its Bid to be deemed non-responsive andmay cause its rejection.

The Owner shall have absolute discretion as to the evaluation of past work performance of any Bidder, and its decision relating thereto shall be deemed final, conclusive and binding.

I-8 DISQUALIFICATION OF BIDDERS - No person, firm, association, entity, partnership, or corporation shall make, file, or be interested in more than one Bid for the same Work and more than one Bid from the same person, firm, association, entity, partnership, or corporation under

GROUNDWATER RECHARGE EXPANSION PROJECT Page I-4 the same or different names shall be rejected; provided, however, that a person, firm, or corporation who has submitted a sub-proposal to a Bidder, or who has quoted prices of materials to a Bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other Bidders. A subcontractor submitting one or more sub-proposal(s) to a Bidder may not itself bid the Work. If the Owner believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the Owner believes that collusion exists among the Bidders, all Bids will be rejected. A Bid may be rejected or a Bidder declared non-responsible on the basis of a Bidder, an officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed or otherwise prevented from bidding on, or completing a Federal, State or local project because of a violation of law or a safety regulation. More than one Bid from an individual, firm, partnership, corporation or association under the same or different names shall be rejected.

I-9 BID SECURITY - Each Bid shall be accompanied by an unconditional certified or cashier's check drawn on a solvent state or national bank, or a Bidder's bond with a California admitted surety insurer as defined in Code of Civil Procedure section 995.120, on the form attached to the Proposal, subject to the provisions of the Notice Inviting Bids. Said Bid Security shall be in a sum not less than ten percent (10%) of the amount of the Bid, and shall be made payable to or for the benefit of the Owner as a guaranty that the Bidder will, if an award is made to them in accordance with the terms of their Bid, promptly execute the Contract in the required form, secure payment of workers' compensation, and furnish satisfactory Performance and Payment Bonds and proof of insurance coverage, and such other information or documents as may be required of Bidder.

Within 14 days after the Contract award is made, the Owner will return all Bidder’s securities accompanying Bids that are not to be further considered in making the award. Other Bidders’ securities shall be held until the executed Contract Documents are timely returned to the Owner, whereupon the securities will be released to their respective Bidders whose Bids they accompany, but in all events such securities will be returned with sixty (60) days after the Bid opening date.

I-10 BIDDER’S EXAMINATION OF CONTRACT DOCUMENTS–

(a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider Federal, state and local laws and regulations that may affect cost, progress or performance of the Work; study and carefully correlate the Bidder’s observations with the Contract Documents; and notify the Owner via bidnet direct in writing of all conflicts, error, or discrepancies noted in the Contract Documents. The written request must be received by 5:00PM at least seven (7) calendar days prior to the date fixed for opening of Bids.

The person or entity making the request will be responsible for its prompt delivery. Interpretations or corrections will be made only by addenda to specifications or by dated revisions of drawings with a copy of each addition or change being furnished, through the Owner, to each prospective Bidder. Only questions that have been resolved by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.

(b) Bidders shall read the specifications, examine the drawings, and make their own estimates of the existing facilities and the difficulties which will affect cost, progress and/or performance of the Work called for by the proposed Contract, including local conditions, uncertainty of weather, and all other contingencies. Bidders, at their own expense, shall make or obtain such examinations and investigations which pertain to physical conditions (including surface, subsurface and underground utilities) at or contiguous to the site and review such records, reports and drawings as they deem necessary to satisfy themselves that they are familiar with the site and the condition and location of existing underground facilities and other potential

GROUNDWATER RECHARGE EXPANSION PROJECT Page I-5 sources of interference with the Work contemplated under the Contract Documents. By providing access to reports, drawings or other records in its possession, the Owner makes no representations or guarantees as to the accuracy of such drawings or records, and such records, reports or drawings are not part of the Contract Documents, but any technical data contained thereon upon which Bidder is entitled to rely is limited to that set forth in the Special Provisions.

The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations and opinions contained therein or the completeness thereof is the responsibility of the Bidder.

(c) Information derived from the maps, plans, specifications, profiles, or drawings, or from the Engineer or its assistants, shall not relieve the Bidder of its responsibility to conduct examinations at or contiguous to the site, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed by the Owner.

(d) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Specifications and Special Provisions. Subject to the provisions of Section 4215 of the California Government Code, information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to Owner and the Engineer by the owners of such underground utilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions.

(e) The lands upon which the Work is to be performed, the rights-of-way and easement for access thereto, and the other lands designated for use by the Bidder in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Bidder.

(f) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Instructions to Bidders; THAT WITHOUT EXCEPTION the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey the understanding of all the terms and conditions for performance of the Work.

I-11 QUANTITIES OF WORK – The quantities of work or material stated in the unit-price items of the Bidding Sheet(s) are supplied only to give an indication of the general scope of the Work;

the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith. In the event of an increase or decrease in a Bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents;

provided that increases of more than 25 percent or decreases of more than 25 percent, and eliminated items shall be adjusted as provided in the Contract Documents.

I-12 EXECUTION OF CONTRACT – The successful Bidder shall sign all copies of the Contract Agreement and return them along with all applicable bonds, insurance and any other required documents within ten (10) days (not including Sundays and holidays) following notification to Contractor to sign and return the Contract. Failure to sign the Contract and to submit applicable

GROUNDWATER RECHARGE EXPANSION PROJECT Page I-6 bonds, insurance verification and any other required documents within the prescribed time as specified herein shall be cause for rejection of the Bid and the Bid being awarded to the next lowest responsive and responsible Bidder. The failure or refusal of a Bidder to whom award is made to enter into the Contract as specified herein, or to conform to any of the stipulated requirements in connection therewith, will result in damages to the Owner. Such damages are, and will continue to be, impracticable and extremely difficult to ascertain. In the event of such failure or refusal to comply with the requirements of the Contract Documents, the Bid Security shall be forfeited to Owner and shall become the property of the Owner as liquidated damages and not as a penalty, and the award will be annulled. At the Owner’s discretion, the Owner may award the Contract to the second lowest responsive and responsible Bidder, and thereafter to the third lowest responsive and responsible Bidder if the second likewise fails to meet these requirements; or otherwise, reject all Bids.

I-13 BONDS - (a) In conformance with the Notice Inviting Bids, a Bidder to whom the Contract is awarded shall, within the time specified in Section I-12 hereof, furnish to Owner a bond with a surety conditioned upon the faithful performance of said Bidder of all covenants and stipulations in the Contract Documents. Said bond, hereinafter referred to as the Performance Bond, shall be on the mandatory form included as a part of these Contract Documents, and shall be in an amount that is not less than one hundred percent (100%) of the total amount payable under the Contract Documents.

(b) Within the time specified in Section I-12 hereof, the Bidder to whom the Contract is awarded shall also furnish to Owner a Payment Bond, approved by the Owner, in accordance with applicable provisions of the Civil Code. The Payment Bond shall be in a sum not less than one hundred percent (100%) of the total amount payable under the Contract Documents. The form of Payment Bond set forth in these Contract Documents is a mandatory form.

(c) Unless Owner otherwise authorizes, the surety or sureties on all bonds furnished must be admitted in California as defined in Code of Civil Procedure section 995.120 and satisfactory to Owner in its sole discretion. The Bidder to whom the Contract is awarded shall provide copies of the surety insurers’ most recent annual and quarterly statements filed with the California Department of Insurance, and a certified copy of the Certificate of Authority issued by the Department of Insurance. Any Power of Attorney provided, evidencing the authority of the person executing the bonds to bind the surety, shall be an unrevoked power, and shall be an original or a certified copy of the original. If during the continuance of the Contract any of the sureties in the sole discretion of the Owner are or become insufficient, the Owner may require additional sufficient sureties which the Contractor shall furnish to the satisfaction of the Owner within fifteen (15) days after written notice, and in default thereof the Contract may be suspended and the Work completed as provided in the General Conditions. The party required to furnish bonds pursuant to these instructions shall furnish such bonds at their own cost and expense.

I-14 LIABILITY INSURANCE - A Bidder to whom the Contract has been awarded shall furnish to the Owner a policy or policies of insurance of the type and coverage, and in the form, required by the General Provisions and Special Provisions. The insurance carrier(s), and forms provided, must be satisfactory to Owner in its sole discretion.

I-15 ASSIGNMENT OF CONTRACT - The Contractor shall not assign the Contract Documents or any part thereof, or any funds to be received thereunder, without the prior written approval of both the Owner and surety. Notwithstanding the foregoing, and to the extent permitted by law, Owner has the absolute right to refuse, on any ground or no grounds, any and all assignments or attempted assignments of the Contract Documents or of any rights to payment pursuant thereto.

GROUNDWATER RECHARGE EXPANSION PROJECT Page I-7

I-16 FINANCIAL STATEMENT - In the course of evaluating the capacity and competence of a Bidder to perform the Work, the Owner may require any Bidder to furnish a recent statement of their financial condition or such other evidence of their qualifications as may be requested by the Owner. Submission of such information shall be considered consent by the Bidder to Owner making inquiries regarding the Bidder’s financial condition and information set forth in the statement. If a Bidder fails to promptly furnish the information requested, it shall be considered sufficient grounds for rejection of such Bidder's entire Bid.

1-17 SUBSTITUTE OR “OR EQUAL” ITEMS- The Work, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or “or-equal” item of material or equipment may be furnished or used by the Contractor if acceptable to the Engineer, application for such acceptance may be considered by the Engineer pursuant to the provisions of Public Contract Code section 3400. All requests for substitution shall be made and submitted at the time of bid.

The procedure for submittal of any such application by the Contractor and consideration by the Engineer shall be as specified in the Specifications or Special Provisions.

1-18 LIQUIDATED DAMAGES- See Agreement.

I-19 WORKER’S COMPENSATION CERTIFICATION - Bidder is advised that in accordance with the laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to employees and execute the Workers Compensation Certification.

l-20 REQUIRED DOCUMENTS – The following documents must be returned with the Bid by Bid submission date and time. The Bid must be submitted on the attached “Bid Proposal” form, signed and dated by the Bidder or his/her fully authorized representative with his/her address, and be submitted in a sealed envelope clearly marked with the project information set forth in Section 1-1 herein.

(a) Ten Percent (10%) Bid Security [Section I-9 herein] (submit attached form).

(b) Bid Proposal, including Bidder’s Declaration, Bid Schedule, and List of Proposed Subcontractors (submit attached forms).

(c) Information Required of Bidder (submit attached forms).

(d) Non-Collusion Declaration (submit attached form).

These documents must be completed, signed and returned with the Bid, or the Bid may be deemed non-responsive and may be rejected.

1-21 DEFINED TERMS- Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings given to them in the General Provisions or Special Provisions. The term “Bidder” shall mean one who submits the Bid directly to the Owner, as distinct from a sub-bidder or subcontractor, who submits a Bid to a Bidder.

v. 2-2018 PROPOSAL Page P-1

PROPOSAL FORMS

Note: Failure of a Bidder to fully execute and submit these Proposal Forms will render a Bid non-responsive and subject to rejection.

BID PROPOSAL AND DECLARATION

The undersigned Bidder proposes and agrees, that if this Bid is accepted, to enter into an Agreement with United Water Conservation District (“Owner”) in the form included in the Contract Documents and to perform the Work specified in the Contract Documents (including, without limitation, all provisions, drawings and specifications thereto) in strict conformity with the requirements and timelines thereto. Bidder hereby furnishes a Bid Security to Owner, as set forth hereafter.

Bidder agrees to furnish all plant, labor, materials, tools, services, transportation, utilities, equipment, supervision; and other necessary items and facilities in its performance of the Work in accordance with the Contract Documents; to pay all taxes, insurance, bonds, license and permit fees and other costs incidental to the Work; and to accept in full payment therefore the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the attached Bid Schedule sheets, upon which award of Contract will be made. The Bid price includes the costs of bonds, insurance, permit fees, taxes and any other item or expense incidental to this Contract. In the case of discrepancies between words and figures, the price that results in the lower cost to the Owner shall prevail and govern.

This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will timely furnish the insurance certificates, Payment Bond, Performance Bond, all permits and any other documents required by the Contract Documents. If the undersigned withdraws its proposal within the time period for proposals to remain open, or alternatively fails to timely enter into an Agreement with Owner and furnish all documents as required herein, the undersigned and its surety shall be liable, and the Bid Security shall be forfeited, to the Owner.

Bidder has carefully examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged):

Number ________________ Date ___________________

Number ________________ Date ___________________

Number ________________ Date ___________________

Number ________________ Date ___________________

Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or

Page P-2 performance of the Work including, but not limited to, the Bid quantities, any specifications regarding materials to be used, the Contract provisions relating to payment for extra work and the procedures for seeking extensions of time, and has made such independent investigations as Bidder deems necessary, and is satisfied as to the nature and location of the work and is fully informed as to all conditions and matters which can in any way affect the Work or the cost thereof, including the location of all underground facilities in the area affected by the Work.

The undersigned fully understands the scope of the Work and has checked carefully all words and figures inserted in this Proposal and further understands that Owner will in no way be responsible for any errors or omissions in the Bidder’s preparation of this Proposal..

In conformance with current statutory requirement of California Labor Code Section 1860 et seq., the undersigned confirm the following as its 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, before commencing the performance of the Work of this Contract, and I will comply with such provisions.

The undersigned Bidder hereby certifies that this Proposal is genuine and not sham or collusive, and makes the further representations to Owner set forth in the Non-Collusion Declaration attached hereto.

The undersigned Bidder hereby certifies the accuracy of the representations made herein concerning the contractor’s license number, type and expiration date; that the license(s) are current and valid; and the license(s) is/are in a classification appropriate to the Work to be undertaken.

If this Bid is made by an individual, it shall be signed and his or her full name and address shall be given below. If the Bid is made by a partnership, it shall be signed with the partnership name by a partner of the firm, who shall also sign his or her own name, and shall provide the name and address of each partner. If the Bid is made by a corporation, it shall be signed on behalf of the corporation by its duly authorized officer(s) and attested by the corporate seal.

Business Name_____________________________ Federal ID No. ___________________

Contractor’s License No. ____________________ Type(s)___________________________

Expiration Date__________________ DIR Registration No. ______________________

NOTE: Bidder must attach copies of all current, applicable contractor’s licenses to this Proposal.

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If Bidder is a corporation, affix corporate seal.

The undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at , California.

Dated: __________________ 20 _______ AUTHORIZED SIGNATURE

By:

Print Name:

Title ________________________

If Bidder is a Corporation, the Proposal shall also be signed by its Secretary:

By:________________________________

Print Name:_________________________

Bidder's business address:

Telephone…