invitation for bids for preventive maintenance services

INVITATION FOR BIDS

FOR

PREVENTIVE MAINTENANCE SERVICES AND REPAIRS FOR DIESEL GENERATORS (IFB 15/16-82)

Date of Issuance: May 25, 2016

Pre-Bid Meeting: N/A

Questions & Request for Clarifications Due no later than: June 3, 2016 by 4:00 P.M.

Answers & Clarifications Provided no later than: June 8, 2016

Bid Due Date: June 15, 2016 by 2:00 P.M.

Submit Bids to: Jillian Ragia, Buyer II

Procurement & Contracts Division Alameda County Water District

43885 S. Grimmer Blvd. Fremont, CA 94538 Tel.: (510) 668-4292

Please go to acwd.org to register in the District’s vendor data base if you have not already done so. Future solicitation announcements will be sent via email to those vendors who have registered.

http://ca-alamedacountywater.civicplus.com/index.aspx?nid=249

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PROCUREMENT & CONTRACT DIVISION

INVITATION FOR BIDS

PART I

INFORMATION / INSTRUCTIONS TO BIDDERS

Solicitation No.: IFB 15/16-82 Part I, Information / Instructions to Bidders Title: Preventive Maintenance Services and Repairs for Diesel Generators Page 2 of 10

TABLE OF CONTENTS

Page

1. INVITATION .......................................................................................................................... 3 2. BACKGROUND ..................................................................................................................... 3 3. DEFINITIONS ........................................................................................................................ 3 4. EXAMINATION OF CONTRACT DOCUMENTS .............................................................. 4 5. SOLICITATION TIMELINE ................................................................................................. 4 6. PRE BID MEETING ............................................................................................................... 5 7. QUESTIONS AND REQUESTS FOR CLARIFICATIONS ................................................. 5 8. ACKNOWLEDGEMENT OF ADDENDUM/ADDENDA TO THE SOLICITATION ....... 5 9. BIDDER MINIMUM QUALIFICATIONS ............................................................................ 5 10. PREPARATION AND SUBMISSION OF BIDS .................................................................. 6 11. PERIOD FOR ACCEPTANCE OF BIDS .............................................................................. 8 12. MODIFICATION, WITHDRAWAL, MISTAKES, AND MINOR INFORMALITIES ....... 8 13. MULTIPLE BIDS ................................................................................................................... 9 14. SUBSTITUTIONS .................................................................................................................. 9 15. AWARD OF CONTRACT ..................................................................................................... 9 16. EXECUTION AND ACCEPTANCE OF THE CONTRACT .............................................. 10


1. INVITATION

The Alameda County Water District (District) invites qualified and licensed Contractors to respond to this Invitation for Bids (IFB) for preventive maintenance services and repairs for the District’s diesel generators (Services) as specified in Part II, “Specifications or Special Provisions”. The District’s equipment to be covered under these services is located within the cities of Fremont and Newark, Alameda County, California. The District’s intent is to issue a Contract with a two (2) year base term and three (3) one-year option(s) to renew, at the District’s sole discretion.

2. BACKGROUND

The District is a California Special District located in the San Francisco Bay Area. The District supplies water to the cities of Fremont, Newark, and Union City in southern Alameda County. The first water district formed in California under the County Water District Act of 1913, the District today has a staff of approximately 230 employees and supplies drinking water to more than 330,000 people. The District covers approximately 100 square miles and provides water service through over 82,000 connections. With diverse water sources that include the State Water Project, water imported from the City and County of San Francisco Water Department, and local groundwater, the District has consistently been able to accomplish its mission of providing a reliable supply of high quality water at a reasonable price to its customers.

3. DEFINITIONS

Whenever the following words occur in this Contract, they shall have the following meanings:

A. DISTRICT or ACWD shall mean the Alameda County Water District.

B. PURCHASING OFFICER mean the ACWD employee duly authorized to enter into and

administer contracts and make written determinations with respect thereto. C. CONTRACT ADMINISTRATOR shall mean the District employee under whom the

Contract will be performed, directed, inspected and supervised. Any reference to the Contract Administrator in the Contract shall mean the Contract Administrator or designated representative.

D. COMPETITIVE SEALED BIDDING is a transparent procurement method in which Bids

from competing contractors, suppliers, or vendors are invited by openly advertising the scope, specifications, and terms and conditions of the proposed Contract. Award is typically made to the lowest responsive and responsible Bidder.

E. CONTRACTOR or CONSULTANT means any person having a Contract with ACWD. F. INVITATION, INVITATION FOR BIDS, or IFB means all documents, whether attached

or incorporated by reference, utilized for soliciting sealed competitive Bids. Also referred to as “Solicitation.”


G. WORK means the requested services, supplies or equipment.

H. BIDDER means any potential Contractor who responds to this Invitation for Bids.

I. RESPONSIBLE BIDDER means a Contractor who has the capability in all respects to perform fully the requirements stated in the Invitation for Bids and who has the integrity and reliability that will assure good faith performance.

J. RESPONSIVE BIDDER means a Contractor who has submitted a Bid that fully conforms

to the requirement of the Invitation for Bids.

4. EXAMINATION OF CONTRACT DOCUMENTS

A. The Work described herein shall be in accordance with ACWD’s current General Conditions, Special Provisions, Contract, and Specifications contained or referenced in this Solicitation.

B. Before submitting its Bid, each Bidder must (a) examine the Contract Documents

thoroughly and (b) familiarize itself with any applicable Federal, State and local laws, ordinances, rules and regulations, and standards affecting performance of the Work.

C. The submission of a signed Bid will certify that the Bidder has read, understands and can

comply with every requirement of this Solicitation, including its terms and conditions, under which this Contract will be awarded, administered, and performed.

5. SOLICITATION TIMELINE

The District intends to adhere to the following timeline which is subject to change at the discretion of the District:

Activity Bid Issued

Date May 25, 2016

Pre-Bid Meeting N/A Questions / Requests for Clarifications due June 3, 2016 by 4:00 P.M. District’s Responses to Questions June 8, 2016 Bid Due Date June 15, 2016 by 2:00 p.m. Recommendation of Award Board Approval

on or before June 17, 2016 on or before July 14, 2016


6. PRE-BID MEETING

N/A

7. QUESTIONS AND REQUESTS FOR CLARIFICATIONS All prospective Bidders must carefully examine the Solicitation, including terms and conditions. In the event of doubt of anything contained in this Invitation for Bids, all questions or requests for clarification about the meaning or intent, discrepancies or omissions of the Contract Documents shall be submitted in writing no later than June 3, 2016 by 4:00 P.M. by e-mail or mail. E-mail: [email protected] Mail: Jillian Ragia, Buyer II Procurement & Contracts Division 43885 South Grimmer Blvd. Fremont, CA 94538 Responses to questions and requests for clarification will be posted to the District’s website, http://acwd.org/Bids.aspx?CatID=18 no later than June 8, 2016. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Any information given to a prospective Bidder by the District will be furnished to all prospective Bidders, if that information is necessary in submitting Bids, or if the lack of such information would be prejudicial to other prospective Bidders.

8. ACKNOWLEDGEMENT OF ADDENDUM/ADDENDA TO THE SOLICITATION

Each Bidder shall acknowledge receipt of any addendum/addenda to this Solicitation. Each addendum shall have a signature page, specifically for this purpose. Failure to acknowledge the addenda prior to the time and place specified for receipt of Bids may render the Bid non-responsive.

9. BIDDER MINIMUM QUALIFICATIONS

A. Performance Capability Bidder shall be responsible and have the capability to properly furnish the Services for the

duration of the Contract term, and shall have the necessary expertise, personnel, equipment, and sufficient capital to provide the services within the time specified.

mailto:[email protected]


http://acwd.org/Bids.aspx?CatID=18


ALL SUBMITTAL CONTENT MUST BE LEGIBLE AND CONTAIN CURRENT INFORMATION. Failure to meet and demonstrate the minimum qualifications set forth in this Section 9 of the Bid will deem the Bidder non-responsive. All such evidence shall be reflected on the Bidder Qualification form.

B. Minimum Experience of Firm Bidders shall demonstrate a minimum of five (5) years’ experience in the mechanical

installation and maintenance business of servicing standby engine generator sets by attaching copies of state and/or local business licenses and certificates. Bidders shall possess a valid C-10 contractor license issued by the California Department of Consumer Affairs, Contractors State License Board (CSLB). All bidder contractor licenses shall be in good standing from the time of the bid opening through the term of the contract.

C. DIR Registration

No contractor or subcontractor may be awarded a contract for public works on or after April 1, 2015, unless registered with DIR pursuant California Labor Code section 1725.5. CONTRACTOR MUST SUBMIT PROOF OF CONTRACTOR REGISTRATION WITH THE DIR IN THE FORM OF A HARD COPY OF THE RELEVANT PAGE OF THE DIR'S DATABASE FOUND AT: https://efiling.dir.ca.gov/PWCR/Search

D. Key Personnel

The Contractor or Subcontractor’s technician assigned to perform maintenance of the system must be of journeyman level with a minimum of three (3) years’ experience working on similar systems. All technicians that the bidder intends to utilize to perform work under the contract shall possess all applicable contractor licenses for the work they shall perform under the contract.

Technicians furnished by the Contractor and Subcontractor shall be reliable, properly

experienced, and efficient in planning and doing the work required and cooperative with District staff and shall have satisfactorily worked for the Contractor or Subcontractor on at least three (3) occasions during the past one (1) year before the start of the work.

10. PREPARATION AND SUBMISSION OF BIDS

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

Appendix A. All forms must be completed in full and all blank spaces shall be properly filled in. Each Bidder shall state a fully burdened hourly rate, typewritten or written in ink for each of the separate hourly rates called for in the Bid Schedule. All hourly rates for technicians must comply with California prevailing wage requirements. Failure to comply with prevailing wage requirements will render a Bid non-responsive.

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


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

If changes and erasures are made, such changes and erasures shall be clear and legible, and

shall be initialed by the person signing the Bid forms. For the Bid to be responsive there must be no question about what the Bidder intended. The District prefers that prospective bidders complete the Bid forms electronically, to the extent possible.

Unless specifically called for in the IFB, alternate Bids will not be considered and the Bid

shall be deemed non-responsive. Completed Bid forms and required attachments shall be submitted in a sealed envelope. The

Procurement & Contracts Division must receive each Bid, with guaranty if applicable, in a sealed envelope prior to the time set for the receipt of Bids. The Bid shall be so marked as to clearly indicate its contents without requiring it to be opened.

Oral, telephonic, telegraphic, or electronic Bids are invalid and will not receive

consideration. Unauthorized conditions, limitations or provisions attached to a bid will render the bid

non-responsive. B. Location & Timely Delivery The Bidder shall assume full responsibility for timely delivery at the location designated for

receipt of Bids. If the Bid is submitted by mail, the sealed envelope, containing the Bid Documents, shall be addressed to:

Alameda County Water District Procurement & Contracts Division 43885 South Grimmer Blvd. Fremont, CA 94538

The envelope shall state “BID ENCLOSED” and include the Bidder’s name and address, Solicitation Number, Bid Title, Due Date and Time on the envelope. Mailed Bids and Bids delivered by commercial carriers or messenger services shall be received at the District’s Procurement & Contracts Division.

Upon receipt by the Procurement & Contracts Division, each Bid shall be stamped with the

time and date received; but it shall not be opened. The only acceptable evidence to establish the time of receipt is the time/date stamp on the envelope or other documentary evidence of receipt maintained by the Procurement & Contracts Division.


Any Bid received after the exact time for receipt, June 15, 2016 by 2:00 p.m. will not be considered for award and will be returned to the Bidder unopened. However, an exception may be made when a late Bid would have been timely but for the action or inaction of District personnel.

C. Opening of Bids Bids will be received until the date and time for receipt stated in the Invitation for Bids.

Bids will be publicly opened and read at the District’s Headquarters, located at 43885 South Grimmer Boulevard, Fremont, CA 94538, at the time, and date stated. No responsibility will attach to the District for the premature opening of a Bid not properly addressed and identified. Bidders and other interested parties may be present either in person or by representative. A summary of received bids will be posted on the District’s website within two business days of opening.

11. PERIOD FOR ACCEPTANCE OF BIDS

A. In order to allow for adequate evaluation, the District requires a response to this Solicitation to be valid and irrevocable for 120 calendar days after submittal date and time.

B. No Bidder may withdraw a Bid within 120 days after the Bid opening date. Errors in

judgment and/or carelessness on the part of the Bidder in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. Should there be valid reasons why the Contract cannot be awarded within the specific period, the time may be extended by mutual agreement between the District and the Bidder.

12. MODIFICATION, WITHDRAWAL, MISTAKES, AND MINOR INFORMALITIES

A. Modification or Withdrawal Bids may be modified or withdrawn prior to the established due date via email or mail

request sent to the District’s Procurement & Contracts Division.

B. Mistakes in Bids (Discovered Before Bid Opening) A Bidder may correct mistakes in a Bid prior to the time and date set for Bid opening by

submitting a replacement Bid clearly indicating it supersedes the original submittal. C. Mistakes in Bids (Discovered After Opening but Before Award) Minor informalities are matters of form rather than substance evident from the Bid, or

insignificant mistakes that can be waived or corrected without prejudice to other Bidders; that is, the effect on price, quantity, quality, delivery, worker and/or public safety or Contractual conditions is negligible. The District may waive such informalities or allow the Bidder to correct them depending on what is in the best interests of the District.


If the mistake and the intended correct Bid are clearly evident on the Bid documents, the Bid shall be corrected to the intended correct Bid and may not be withdrawn.

A Bidder may be permitted to withdraw a low Bid if: (a) a mistake is clearly evident on the Bid but the intended correction is not similarly evident or (b) the Bidder submits objective proof which clearly and convincingly demonstrates that a mistake was made. A “mistake” is defined as an error filling out the Bid that made the bid materially different than the Bidder intended and was not due to an error in judgment or carelessness in inspecting the work or the specifications. If a Bidder alleges a mistake, the District will advise the Bidder to support the allegation by submitting an Affidavit of Bid Error concerning the alleged mistake, accompanied by all pertinent evidence such as the Bidder’s copy of the Bid file; original worksheets and other data used in preparing the Bid, such as subcontractors’ and suppliers’ quotations; published price lists; and any other evidence that will serve to establish the mistake, the manner in which it occurred, and the Bid actually intended.

In case of error in the extension of prices in the Bid, unit prices shall govern. A Bid may be

found non-responsive for failure to provide unit prices on the Bid Schedule. Bids made on documents other than the documents furnished by the District will not be considered.

13. MULTIPLE BIDS

A Bidder may submit only one Bid. More than one Bid from an individual, firm or partnership, corporation or association under the same or different names will not be considered on any given Contract, and may be considered grounds for disqualification of the Bids involved, and rejection of the Bids, at the District’s sole discretion.

14. SUBSTITUTIONS

Not Applicable.

15. AWARD OF CONTRACT

A. The District reserves the right to reject any and all Bids, including but not limited to, fiscally

unacceptable, non-conforming, unbalanced or conditional Bids; and to waive any and all irregularities in the Bids and Bidding process. The District may reject, as non-responsive, Bids in which Bidders fail to submit their Bid in accordance to the Invitation for Bids.

B. The District shall award a Contract to the responsive and responsible Bidder who submits the lowest estimated total in conformance with the Invitation for Bids.

C. The District will make a determination of whether the minimum qualifications, as described

in Bidder’s Qualifications herein, have been met. D. The Contract will be awarded by the District, by written acceptance within 120 days after

the day of the Bid Opening or within the time for acceptance specified in the Invitation for Bids, or in any extension thereof agreed to by the parties.


16. EXECUTION AND ACCEPTANCE OF THE CONTRACT A. The Bid as submitted shall serve as the final Contract acceptance document of a Bidder.

The District will advise the selected Bidder by issuing an Intent to Award letter, as well as request any additional documentation as required by the Contract Documents.

B. Failure by the Bidder to execute the Contract and submit such other documents as required by the Contract Documents and file acceptable insurance and bonds within five (5) business days of receiving the Intent to Award letter shall be just cause for canceling the Award. Award may then be made to the next lowest responsive and responsible Bidder or the Work may be re-solicited, as the District may decide.

C. A Notice to Proceed will be issued after (1) a Contract has been executed by both the

District and the successful Bidder and (2) receipt and acceptance by the District of a Bidder’s insurance, bonds, and any other required documents.

PROCUREMENT & CONTRACTS

INVITATION FOR BID

PART II

SPECIFICATIONS / SPECIAL PROVISIONS

Solicitation No.: IFB 15/16-82 Part II, Specifications / Special Provisions Title: Preventive Maintenance Services and Repairs for Diesel Generators Page 2 of 18

TABLE OF CONTENTS

Page

1. GENERAL DESCRIPTION ...................................................................................................... 3 2. BASIS OF AWARD .................................................................................................................. 3 3. SCOPE OF SERVICES ............................................................................................................. 3 4. REFERENCES ......................................................................................................................... 10 5. CONTRACT TERM ................................................................................................................ 11 6. LABOR CODE PROVISIONS ................................................................................................ 11 7. UTILITIES ............................................................................................................................... 15 8. CHEMICAL HAZARDS ......................................................................................................... 15 9. AIR OR WATER POLLUTION VIOLATION ...................................................................... 16 10. DUST CONTROL .................................................................................................................... 16 11. CONTRACTOR RESPONSIBILITIES .................................................................................. 16 12. DISTRICT RESPONSIBILITIES ........................................................................................... 18 13. SOLICITATION SUBMITTALS ............................................................................................ 18


1. GENERAL DESCRIPTION

This specification describes the services to be performed under this Solicitation. The District’s twelve (12) diesel generators require monthly and or annual scheduled preventive maintenance services and unscheduled repair services. The work shall be performed under the technical supervision of the District and shall be performed and scheduled as requested by the District. By employing appropriate resources, the Contractor is anticipated to complete all requested work within the agreed upon time frame. The Contractor shall provide all labor, materials, tools, instrumentation, travel and equipment to satisfactorily complete the services. The District reserves the right to increase or reduce service needs based on operational needs or restrictions. Nothing in this Specification shall be interpreted as relieving the Contractor of the responsibility of meeting all applicable federal, state and local codes and regulations.

2. BASIS OF AWARD

The District will make an award to the lowest responsive and responsible Bidder; the lowest Bidder will be determined by the Grand Total Estimated Annual Cost per year for repairs and preventive maintenance during the base term of the contract.

3. SCOPE OF SERVICES

The following specification for the provision of preventive maintenance service and repairs on diesel engine driven generators outlines the services, at a minimum, required by the District.

A. Preventive Maintenance

Maintenance Inspection – Monthly - on seven (7) standby generators

1) Perform a capacity loadtest on batteries. 2) Check battery charger for proper operation. 3) The entire cooling system will be checked for leaks and brittle hoses, all hose clamps

will be tightened as required. 4) The fan hub will be lubricated with the recommended grease, if applicable.

5) The jacket water heaters will be checked for proper operation. 6) Check the engine for leaks in the fuel, lubrication and air inlet. Special attention will

be given to the water pump, turbo-charger and rear main seal areas. 7) Check the oil level – maintain at proper level.


8) The exhaust condensate trap will be opened to drain possible water out of the system if applicable.

9) All the control wiring will be checked for chafing, burn marks, and/or loose

connections and noted on inspection report. 10) The unit will be run for 15 minutes and oil pressure, fuel pressure, charging amps,

voltage and frequency. Engine temperature will be recorded. 11) Check the engine safety shutdowns for proper operations, if applicable. 12) Check fuel level – notify District if below ½ tank.

Resistive Loadbank Test – Annually - on all twelve (12) standby and portable generators

1) A loadbank test is required to be performed on each emergency generator. The purpose

of this test is to heat the engine up to run temperatures in order to clean carbon and sludge deposits from the engine, as well as verify the ability to carry a load for sustained periods of time. This test will verify system response under a simulated emergency condition and highlight any problems that can be corrected before the generator set has a chance to fail in an actual emergency situation.

2) A resistive loadbank test will be wired into the generator set breaker or Automatic

Transfer Switch and the system will be tested at 30% for ½ hour, 50% for ½ hour, and 100% for 3 hours for a total of four (4) total hours run time.

3) Adjust voltage levels if required.

Diesels Preventive Maintenance (PM) – Annually - on seven (7) standby generators 1) Change oil.

2) Change filters (diesel fuel, oil, and air).

3) Check and clean radiator, if necessary.

4) Fuel tank - drain water and sediment.

5) Clean engine crankcase breather, if applicable.

6) Governor - check and maintain oil level, if required.

7) Lubricate the governor linkage, and check the governor response on ramp to rated

speed for proper adjustment.

8) Check glow plugs for proper operation, as applicable.


9) Check for signs of leaky nozzles; advise on course of action.

10) Pressure check cooling system, check for proper inhibitor balance.

Generator Winding - Annually at first PM cycle - on seven (7) standby generators

1) Check the generator slip rings and brushes as applicable for wear and proper conditions.

2) Check line to line voltage and adjust voltage regulator to specifications as required. 3) Lubricate the generator bearings(s) as applicable using lubricant specified by the

generator manufacturer.

4) Check the engine/generator alignment. Note: This should only be done if a problem is indicated or the coupling has been disturbed for maintenance purposes.

B. Scheduling Maintenance Inspections

To avoid having too many Preventive Maintenance (PM) tasks due at the same time, the equipment shall be serviced on a rotational basis. Therefore, to ensure timely and uniform maintenance on all equipment, a monthly PM schedule will be generated by the Contractor and provided to the Contract Administrator. All inspection dates and times must be during District work hours, as referenced in Section 3, Item G, “Work Hours, Overtime & Suspension of Work”, and approved by the Contract Administrator before work is performed. The Contractor shall schedule services with the Contract Administrator at least three (3) days in advance prior to inspection date. Monthly maintenance inspections currently take approximately 8 hours per month to perform. The District reserves the right to add or delete equipment, whichever is in the best interest of the District.

C. Service Report

The Contractor, in conjunction with the Contract Administrator, will develop a checklist and report for each type of maintenance to be performed, adding any manufacturer specific items that may not be addressed. After each monthly maintenance service is complete, this service report shall be furnished to an authorized District representative for signature within three (3) days. The Contractor shall submit the service report to the Contract Administrator via e-mail or in-person at District Headquarters. The contractor shall make recommendations that will improve (lower) maintenance cost while not compromising reliability. Reports will be used by the District for evaluating maintenance and for District record purposes. See Appendix D, “Pictures, Descriptions and Sample Report” for an example of a service report. The Contract Administrator will work with Contractor to develop a service report if needed.


D. Repairs / Parts & Materials

After each maintenance service, a list of recommended repairs or additional services will be submitted to the District as a part of the service report for each unit. All parts, components or devices that are worn or not in proper operational condition shall be repaired or at the District’s option, replaced with new parts, components or devices. If the District elects to purchase replacement parts from the Contractor, the Contractor shall charge the District no more than ten percent (10%) above the Contractor’s wholesale cost, plus tax, for replacement parts. For the term of this Agreement, the Contractor shall provide, on an hourly basis, service repair to the generator. The hourly rate for this service repair, for the base term of the Agreement, shall be specified in the Appendix A, Forms, “Bid Schedule” and shall be invoiced based on time of arrival through departure in thirty (30) minute increments. When parts, components, or devices are replaced in their entirety and a new design is available and is functionally equivalent and compatible, the parts, components or device of the newer design shall be used as the replacements.

Consumable materials such as filters and belts will be supplied by the Contractor at no additional cost to the District and included in the hourly rate. Repair services will be completed during District work hours as referenced in Section 3, Item G, “Work Hours, Overtime & Suspension of Work”.


E. District – Equipment Covered The equipment covered by this Contract is as follows:

Standby Generators

Location Make Model S/N Monthly Check

Annual Service & Load Test

Headquarters 43885 S.

Grimmer Onan 200.0 DFP B850750845 √ √

Desalination Plant

6833 Redeker Olympian D75P2 NFP01873 √ √

Mission San Jose

42500 Vargas Cummins VTA28GS1 37106630 √ √

WTP #2 42436 Mission Caterpillar 3412 81Z12457 √ √

#1 Well Field 1385 Mowry Caterpillar 3512 24Z02027 √ √


PT Blending Facility

1111 Mowry Caterpillar Sr5 G2K00156 √ √

Portable Generators

Location Trailer ID # Make Model S/N Monthly

Check

Annual Load Test

(Only) Headquarters

43885 S. Grimmer

25072 Cummins C200 H150860290 N/A √


Grimmer TBD Cummins C200 TBD N/A √


Grimmer TBD Cummins C200 TBD N/A √


Grimmer 4610 Spectrum 350 DSE 690705 N/A √


Grimmer 4795 Spectrum 350 DSED 2114561 N/A √

Note: All portable generators are designated as being located at Headquarters and may be located at other facilities within the District service area at time of service. Scheduled maintenance services are required to be performed at these alternate locations. See Appendix D, “Pictures, Descriptions and Sample Report” for additional information on the generators.


F. Contractor – Materials and Equipment

All instruments used to perform electrical protection testing shall meet International Electrical Testing Association (NETA) specifications for Test Instruments. Contractor shall provide padlocks that are compatible with the District’s electrical lockout devices. Contractor shall provide electrical lockout devices and tags as required for protective devices downstream of the main breaker.

G. Work Hours, Overtime & Suspension of Work

1. Work Hours

Scheduled PM services shall be performed during work days and hours (Monday through Friday between 6:00 AM and 3:30 PM), and weekends or District Holidays (if approved by Mike Casey, Contract Administrator). All work dates and times must be approved by the Contract Administrator before work is performed. Unscheduled repair services shall be performed during Monday through Friday between 6:00 AM and 3:30 PM and after work hours, if necessary. If the Contract Administrator classifies the repair as an emergency, the service shall be performed on Saturday, Sunday or District Holiday between 6:00 AM and 3:30 PM as determined by the Contract Administrator Straight time shall be paid for no more than eight (8) hours per day. The workday shall begin at the first work site and end at the last work site. Travel time, but not mileage, will be paid between sites.

For emergency work, District will pay for travel time and mileage to and from the place of business and between work site(s). Worker(s) must take the most direct route when leaving and returning to their place of business.

2. Overtime

Overtime is paid for working more than an eight (8) hour day, excluding time for meals, and work outside of straight time work hours. This includes Saturdays, Sundays or District Holidays. Overtime will only be paid for emergency or unscheduled repair services.

3. Suspension of Work

The District will endeavor to provide at least a 12 hour advance notice for any suspension of the work. Should less than 12 hours of advance notice be provided and the Contractor’s workers show up at the job site, the District will pay two (2) hours for “show up time.” Should the District suspend the work after the workday has begun, the District will pay the actual time worked.


The District shall have the authority to suspend the work wholly or in part, for such period as may be deemed necessary, when work is being performed in unsuitable weather, or when any other conditions are considered unfavorable for the proper prosecution of the work. The District shall also have authority to suspend the work wholly or in part because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the Contract Documents. Contractor shall immediately comply with the order of the District to suspend the work wholly or in part. Work suspended wholly or in part shall be resumed by Contractor on order of the District when conditions are favorable and methods corrected. The District may order Contractor to suspend all or any part of the work for such period of time as may be determined by the District to be necessary or desirable for the convenience and benefit of the District.

H. Emergency Services

The Contractor shall provide emergency services on an as-required basis. The emergency service shall be available on a 24-hours basis, weekends and legal holidays included. The Contractor shall supply the District with an after-hours emergency telephone number. The Contractor shall be capable of responding to an emergency situation within four (4) hours after notification for system problems by an authorized District representative. All labor (both straight and overtime), travel costs, parts, supplies and any other expenses incurred on an emergency service call shall be invoiced separately by the Contractor.

I. Service Performance

The Contract Administrator or District representative shall immediately notify the Contractor of any service deficiencies including, but not limited to:

• Delays in completing work • Failure to perform services according to schedule • Reporting incomplete or delayed • Substandard or non-compliant work

The Contractor’s escalation matrix shall be utilized for any identified deficiencies in performance, refer to Section 11.C “Contractor Contact and Escalation Matrix”. Deficiencies must be corrected by the Contractor within one (1) working day, or longer, if agreed to in advance by the District.


J. Work Locations and Access

The work shall be performed at the following District facilities:

1. Headquarters, 43885 South Grimmer Blvd., Fremont, CA 94538

2. Mission San Jose Water Treatment Plant No. 1 (WTP #1), 42500 Vargas Rd., Fremont, CA 94539

3. Water Treatment Plant No. 2 (WTP #2), 42436 Mission Blvd., Fremont, CA 94539

4. PT Blending Facility, 1111 Mowry Ave., Fremont, CA 94537

5. Mowry Well Field #1, 1385 Mowry Ave., Fremont, CA 94537

6. Mowry Well Field #2, 1385 Mowry Ave., Fremont, CA 94537

7. Desalination Plant, 6833 Redeker Pl., Newark, CA 94560

All building doors are alarmed at work sites. Access to the sites will be scheduled with the District for each day that the Contractor is working at the site. Contractor shall maintain unobstructed access on driveways at work sites at all times. The Contractor may use, without cost, a reasonable area adjacent to the site of work for its operations. The location shall be approved in advance by the District.

K. Technicians Before work begins, the Contractor shall furnish the District with a list of the assigned technicians. Technicians furnished by the Contractor and Subcontractor shall be cooperative with District staff, reliable, properly experienced, and efficient in planning in doing the work required. Assigned technicians shall maintain current & applicable licenses for the work performed under this Contract.

4. REFERENCES

If Bidder has not done business with the District within the previous five (5) years, Bidder shall

be required to provide three (3) local customer references (government or private industry) for contracts of similar scope and size completed within the last three (3) years. These customers may be contacted by the District. Customer contact information must be submitted on the References form located in Appendix A.


5. CONTRACT TERM

A. Requirements Contract Bidders acknowledge that the Agreement that will be entered into as a result of this Solicitation will be a Requirements Contract. The level of effort stated herein are estimates given as a general guide for bidding and are not guaranteed amounts, but do represent the best estimate of the District, based on projected need.

B. Contract Term The base term of the Contract shall be for a period of two (2) years, during which all prices shall remain firm. The Contract may be extended for an additional three (3), one-year option term(s), or any portion thereof, at the sole option and discretion of the District. Should the District exercise the option(s) to extend the Contract, labor rates may be adjusted at the beginning of each option year in accordance with Part III, Section 3, “Economic Price Adjustment.”

6. LABOR CODE PROVISIONS

The following provisions are applicable to all Work.

A. Contractor’s License Requirements

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

B. DIR Registration

No contractor or subcontractor may be awarded a contract for public works on or after April 1, 2015, unless registered with DIR pursuant California Labor Code section 1725.5. CONTRACTOR MUST SUBMIT PROOF OF CONTRACTOR REGISTRATION WITH THE DIR IN THE FORM OF A HARD COPY OF THE RELEVANT PAGE OF THE DIR'S DATABASE FOUND AT: https://efiling.dir.ca.gov/PWCR/Search

C. Labor Code Requirements

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

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


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

2) Prevailing Wages

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

3) Payroll Records

This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.4. The CONTRACTOR must post Site notices, as prescribed by regulation. The CONTRACTOR and all subcontractors shall furnish the records specified in Labor Code Section 1776 directly to the Labor Commissioner, monthly in a format prescribed by the Labor Commissioner. The CONTRACTOR's attention is directed to the following provisions of Labor Code Section 1776. The CONTRACTOR shall be responsible for the compliance with these provisions by its subcontractors.


a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work.

b) The payroll records enumerated under subdivision (a) shall be certified and shall be

available for inspection at all reasonable hours at the principal office of the CONTRACTOR on the following basis:

i. A certified copy of an employee's payroll record shall be made available for

inspection or furnished to such employee or his or her authorized representative on request.

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

iii. A certified copy of all payroll records enumerated in subdivision (a) shall be

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

c) The certified payroll records shall be on forms provided by the Division of Labor

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

d) The CONTRACTOR shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within ten (10) days after receipt of a written request.

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


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

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

h) The CONTRACTOR and each subcontractor shall preserve their payroll records for

a period of three (3) years from the date of completion of the Contract.

4) Labor Non-discrimination

Attention is directed to Section 1735 of the Labor Code which provides that CONTRACTOR shall not discriminate against any employee or applicant for employment because of race or color, religion, physical or mental disability, national origin or ancestry, medical condition, marital status or sex of such persons, except as provided in Section 12940 of the Government Code. CONTRACTOR further agrees to include a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials.

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

D. Payment of Workers’ Compensation

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


E. Prohibition Against Contracting With Debarred Subcontractors CONTRACTOR is prohibited from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

F. Examination and Audit of Records

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

7. UTILITIES

Power from 20 amp convenience outlets may be available for Contractor use. Should Contractor furnish own electric power needed for performing the work, all concrete, asphalt concrete and wooden surfaces shall be protected from oil and fuel spillage, such as from portable generators. Stained surfaces shall be cleaned and restored satisfactorily.

8. CHEMICAL HAZARDS

Hazardous chemicals are used by the District in order to process potable drinking water at the project sites. Copies of the Material Safety Data Sheets (MSDS) are available at the Contractor’s request. The Contractor shall inform itself, employees, and subcontractors of the potential for chemical leaks or spills at the project site. In the event of a facility fire, chemical leak, or spill, either suspected or alarmed, Contractor and all employees shall stop work, take the quickest and safest route to the entrance of the project site, and wait for further instructions from the District. Hazardous chemicals include, but are not limited to:

Chemicals:

• Anionic Polymer • Aqueous Ammonia • Carbon Dioxide • Cationic Polymer • Caustic Soda, Liquid • Nonionic Polymer • Ferric Chloride • Hydrofluosilicic Acid • Sodium Hydroxide • Sodium Hypochlorite • Sulfuric Acid


9. AIR OR WATER POLLUTION VIOLATION

AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

10. DUST CONTROL Portions of the work areas at the work sites may be unpaved. The Contractor shall limit vehicle speeds or affect other measures as required to minimize dust. During the performance of all work under this Contract, Contractor shall assume all responsibility for dust control and shall furnish all labor, equipment, and means required to carry out proper and efficient measures wherever and whenever dust control is necessary to prevent its operations from producing dust damage or nuisance to persons and property. Any claims resulting from inadequate dust control shall be borne solely by the Contractor and Contractor agrees to hold and save harmless District from any such claims or damages arising there from.

11. CONTRACTOR RESPONSIBILITIES

A. On-Boarding / Kick-Off Meeting

Prior to commencement of service with District, Contractor shall prepare an on-boarding/implementation plan in order to prevent service interruptions. At least one (1) week prior to service start date, District will meet with Contractor at Alameda County Water District Headquarters (HQ) for a Kick-Off Meeting. The meeting topics may include, but are not limited to: 1) Contractor on-boarding/implementation plan

Reporting 2) District service needs 3) Scheduling requirements 4) Invoice/pricing factors 5) Terms and conditions of contract 6) List of assigned technicians 7) Escalation Matrix 8) Emergency Response Plan (ERP)

The Contractor shall fully cooperate and transition the performance of services required under this Agreement to other contractors under other agreements when applicable.


B. Damages / Responsibility for Work Work in progress, materials and equipment may be subject to theft, damage and/or vandalism. The Contractor shall remain fully responsible for securing the work and Contractor’s own materials and equipment. Any damage to District property must be reported immediately to the Contract Administrator. Please refer to Section 7, “Responsibility; Indemnification” of Appendix B, Sample Agreement. The Contractor shall be responsible for and make all necessary repairs, at no cost to the District for repairs of damages, incurred during the performance of the PM Service. The Contractor shall be solely responsible for job site safety, accident prevention, bodily injury, including death, to persons and damage to any property arising from its operations. Contractor shall comply with all applicable federal, state, and local laws and regulations, including safety orders of CAL-OSHA and of the State of California, Department of Industrial Relations, Division of Industrial Safety, and shall also take or cause to be taken such additional measures as may be necessary for the prevention of accidents. Contractor shall at all times conduct all operations under the Contract in a manner to avoid the risk of bodily harm to persons or risk of damage to any property. Contractor shall continuously inspect all work, materials and equipment to insure safe working conditions are maintained and damage to any property is avoided. During the performance of the work, Contractor shall institute controls and procedures for the control and safety of persons visiting the job site. Contractor shall maintain an accurate record of, and shall report to the District in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies or equipment incident to work performed under the Contract. No part of the time lost due to any stop work order, for items related to this article, issued by proper authority shall be made the subject of claim for extension of time or for extra costs or damages by Contractor. Compliance with the provisions of this article by subcontractors shall be the responsibility of the Contractor.

No direct payment will be made by reason of the provisions of this article and all costs in connection therewith shall be the responsibility of the Contractor. The Contractor shall, at its expense, and at no additional cost to the District, restore any property damaged by its operations to a condition satisfactory to the owner of such property.

C. Account Manager and Escalation Matrix

Contractor shall assign an Account Manager to the District’s account that is able to maintain open and timely communication with District staff at all times, who can be reached during normal business hours and who will be responsible for passing special instructions on to workers in the event of an employee or facility emergency.


The Account Manager will be solely responsible and accountable for the quality of work and addressing disciplinary issues that may arise in connection with its workers. The Account Manager must be directly reachable by telephone or email. An answering service or answering machine is not acceptable.

The District requires an escalation matrix be submitted that explains how the Contractor proposes to resolve any complaints, issues or challenges as they arise i.e. (problem escalation procedures). The matrix shall identify all individuals who will provide support including names, position, specific responsibilities, direct phone numbers, e-mails, and addresses. The escalation matrix shall be used in the event the Account Manager is not available. If changes are made, a revised matrix must be submitted to the District’s Contract Administrator with the most current contact information.

12. DISTRICT RESPONSIBILITIES

The District shall be responsible for the following:

A. Providing reasonable means of access to District equipment.

B. Providing the necessary mechanical, piping and electrical drawings.

C. Providing Contractor with as much notice as possible, in writing, in the event a service must

be removed or added to the Maintenance Inspection Schedule. 13. SOLICITATION SUBMITTALS Each Bidder shall submit, at the time of bid, the following:

A. Complete the Bid Forms, in Appendix A, in their entirety 1) Bidder’s Qualification Form 2) Subcontractors Form 3) References Form 4) Bid Schedule Form 5) Signature Page

B. Evidence that Bidder has at least five (5) years’ experience in the form of C-10 license.

C. Statement from Contractor that assigned technician(s):

1) Have worked for Contractor or Subcontractor at least six (6) months on at least three (3) occasions during the past one (1) year.

2) Are of journeyman level with minimum three (3) years’ experience working on similar systems.

D. Proof of Department of Industrial Relations (DIR) Registration from the DIR website.

E. Evidence of Insurance in the form of a broker’s letter or insurance certificate.

PROCUREMENT & CONTRACTS DIVISION

INVITATION FOR BIDS

PART III

GENERAL CONDITIONS

Solicitation No.: IFB 15/16-82 Part III, General Terms & Conditions Title: Preventive Maintenance Services and Repairs for Diesel Generators Page 2 of 15

TABLE OF CONTENTS

Page

1. CONTRACT DOCUMENTS ........................................................................................................... 3 2. ECONOMIC PRICE ADJUSTMENT .............................................................................................. 3 3. DISTRICT HOLIDAYS ................................................................................................................... 3 4. PROPERTY DAMAGE ................................................................................................................... 4 5. EMERGENCY ................................................................................................................................. 4 6. WARRANTY ................................................................................................................................... 4 7. PAYMENT....................................................................................................................................... 4 8. SUBCONTRACTING OR ASSIGNMENT ..................................................................................... 5 9. PUBLIC RECORDS ......................................................................................................................... 5 10. PATENTED DEVICES, MATERIALS AND PROCESSES ........................................................... 6 11. CHANGE ORDERS / AMENDMENTS .......................................................................................... 6 12. MATERIAL AND WORKMANSHIP ............................................................................................. 6 13. FAILURE TO PERFORM................................................................................................................ 6 14. TERMINATION OF CONTRACT .................................................................................................. 7 15. GOVERNING LAW ........................................................................................................................ 7 16. RIGHT TO AUDIT .......................................................................................................................... 7 17. COMPLIANCE WITH LAWS ......................................................................................................... 7 18. FORCE MAJEURE .......................................................................................................................... 8 19. INSURANCE ................................................................................................................................... 8 20. CONTRACTOR’S LIABILITY ..................................................................................................... 11 21. CONTRACTOR’S INTELLECTUAL PROPERTY LIABILITY .................................................. 12 22. ENVIRONMENTAL COMPLIANCE ........................................................................................... 12 23. NON-COLLUSION CERTIFICATION ......................................................................................... 12 24. DISTRICT’S WAIVER OF CONDITIONS ................................................................................... 13 25. SEVERANCE ................................................................................................................................ 13 26. ATTORNEYS' FEES ..................................................................................................................... 13 27. RIGHTS AND REMEDIES OF THE DISTRICT .......................................................................... 13 28. STATUS OF CONTRACTOR, LICENSES AND PERMITS ........................................................ 13 29. WORK AREAS AND ACCESS .................................................................................................... 13 30. SITE CONDITIONS ...................................................................................................................... 14 31. ACCIDENT PREVENTION / SAFETY ........................................................................................ 14 32. NOISE CONTROL......................................................................................................................... 15 33. UTILITIES AND FACILITIES ...................................................................................................... 15


1. CONTRACT DOCUMENTS

A. The Contract Documents may include any or all of the following: Invitation for Bids, Bid Submittal, Bonds, Notice of Award, Notice to Proceed, Change Order(s), Drawing(s), Technical Specification(s), these General Conditions, Special Provisions, Standard Details, Amendments, Addenda, Contract Execution Page, and other contract provisions as necessary to execute and effect a Contract between the parties.

B. The intent of the Contract Documents is that the Contractor shall furnish all labor, materials,

tools, equipment, and transportation necessary for the provision of the Work in accordance with the Contract Documents and all incidental work necessary in an acceptable manner, ready for use, or operation by the District.

C. In resolving conflicts, errors, and discrepancies within the Contract Documents, the

Documents shall be given precedence in the following order:

1. Invitation For Bids, conformed if necessary 2. Bid Submittal

D. This Contract constitutes the sole and entire agreement with the Contractor for the Work.

2. ECONOMIC PRICE ADJUSTMENT

All prices will remain firm for the base term of the Contract period. Any de-escalation/escalation in prices may be approved on an annual basis thereafter at the sole discretion of the District. Requests for price adjustments must be made by the Contractor in writing at least 60 days in advance of the expiration of the base term and any subsequent option terms, if exercised. The baseline for determining price adjustments will be based upon the effective date of the Contract. All requests for price increase or decrease are subject to review and approval by the District. The maximum increase will have a ceiling of 3.5% annually and a net decrease of 3.5% annually. Changes in prices shall be based on the U.S. Bureau of Labor Statistics, Producer Price Index (PPI), average increase or decrease for the most recent 12 months, (see http://data.bls.gov/pdq/SurveyOutputServlet).

3. DISTRICT HOLIDAYS

Routine work should not be scheduled during District holidays, with the exception of emergency services as referenced in Part II, Section 3, Item H, “Emergency Services”. It is the responsibility of the Contractor to determine which specific dates holidays are observed by the District in subsequent contract years. The 2016 District observed holidays are referenced in Appendix C, “District Holiday Schedule”

http://data.bls.gov/pdq/SurveyOutputServlet


4. PROPERTY DAMAGE

Should any damage to District property be caused by the Contractor, employees or agents of the Contractor, the Contractor will be required to report it to the District’s Contract Administrator and make repairs immediately, to the satisfaction of the District’s Contract Administrator and at no cost to the District. The District may, however, elect to make repairs or replace the damaged property and deduct the cost of repairs or replacement from monies due, or to become due to the Contractor.

5. EMERGENCY

Notwithstanding the existence of the Contract, the District reserves the right to order any service required for emergency purposes from any party who can deliver such item to meet the requirements of the District, in the event Contractor is unable to provide the services in the time required by the District, without waiving or voiding any of the terms of the Contract.

6. WARRANTY

The Contractor shall expressly represent, warrant and agree that all goods, equipment, machinery, materials, services, or work provided or performed on or off District premises relative to this Contract will:

A. Conform in all respects to the District’s specifications, in Part II of this Solicitation,

requirements, or other descriptions. B. Conform to all applicable established industry standards, local, state, and federal laws and

regulations.

7. PAYMENT The Contractor’s invoice shall show costs summarized as required by the District. Vendor invoices for subcontracted services shall be submitted with the Contractor’s invoice. Payment will not be made for subcontracted services without the specified vendor invoices.

Payment for direct labor, rental and Contractor owned equipment and tools, and subcontracted services will only be made for such labor and/or items that are required to perform the work requested by the District. Rates for subcontracted services and rental equipment shall be the same as direct labor and Contractor owned equipment and tool rates.

A. Payment will be made for services or materials stipulated on the Bid Schedule, as inspected and

accepted by the District upon completion of services. B. Invoices shall include the date(s) of service, an itemized descriptive list of services performed

and specifying location. Line item costs shall include materials, labor, tools, equipment, instrumentation and other costs necessary to complete the work covered by this contract.


C. Invoices shall reference the Agreement number, be submitted by email to the District’s Accounts Payable ([email protected]) to the attention of Mike Casey, Contract Administrator, or one hard copy based on the prices identified in the Bid Schedule and addressed as follows:

Alameda County Water District

Finance Department, Accounts Payable PO Box 5110

Fremont, California, 94537 8. SUBCONTRACTING OR ASSIGNMENT

The benefits and obligations hereunder shall inure to and be binding upon the parties hereto and neither this Contract nor the obligations or services to be performed there under shall be subcontracted, assigned, or otherwise disposed of, either in whole or in part, except with the prior written consent of the Contract Administrator or designee. Written consent of the District’s Contract Administrator is also necessary for substitution of a previously approved subcontractor or assignee.

9. PUBLIC RECORDS

A. The California Public Records Act (commencing at California Government Code Section 6250) mandates public access to government records. Therefore, unless the information is exempt from disclosure by law, the content of any request for explanation, exception, substitution, response to these specifications, protest, or any other written communication between the District and the Bidder shall be available to the public.

B. If the Bidder believes any communication contains trade secrets or other proprietary information

that the Bidder believes would cause substantial injury to the Bidder’s competitive position if disclosed, the Bidder shall request that the District withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. The Bidder may not designate its entire bid as confidential. Additionally, the Bidder may not designate Bid Forms as confidential.

C. If the Bidder requests that the District withhold from disclosure information identified as

confidential and the District complies with the Bidder’s request, the Bidder shall assume all responsibility for any challenges resulting from the non-disclosure, indemnify and hold harmless the District from and against all damages (including but not limited to attorneys’ fees that may be awarded to the party requesting the Bidder information), and pay any and all costs and expenses related to withholding Bidder information. The Bidder shall not make a claim, sue, or maintain any legal action against the District or its directors, officers, employees or agents in connection with the withholding from disclosure of Bidder information.

D. If the Bidder does not request that the District withhold from disclosure information identified

as confidential, the District shall have no obligation to withhold the information from disclosure and may release the information sought without liability to the District.



10. PATENTED DEVICES, MATERIALS AND PROCESSES

If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of such agreement shall be filed with the District. The Contractor shall pay all applicable royalties and license fees. Contractor shall defend all suits or claims for infringement of any patent rights and hold the District harmless from loss on account thereof.

11. CHANGE ORDERS / AMENDMENTS

A. A duly authorized representative of the District’s Procurement & Contract’s Division may, at any time, without prior consent of the Contractor, and without notice to sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of this Contract.

B. Nothing in this General Condition shall excuse the Contractor from proceeding with the

Contract as changed. By proceeding with the work, the Contractor shall not be deemed to have prejudiced any claim for additional compensation, or an extension of time for completion.

C. An option year, if exercised, shall be done so through a unilateral amendment if a request for price adjustment has not been received, per Part III, Section 3 “Economic Price Adjustment.” If a request for price adjustment has been received, the option year, if exercised shall be evidenced by a bilateral amendment.

12. MATERIAL AND WORKMANSHIP

A. All equipment, materials, and components incorporated into the work covered by this Contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Contract. References in the specifications to equipment, materials, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, as its option, use any equipment, material, article, or process that, in the judgment of the Contract Administrator or designee, is equal to that named in the specifications, unless otherwise specifically provided in this Contract.

B. All Work under this Contract shall be performed in a workmanlike manner. The

District may require, in writing, that the Contractor remove from work any employee deemed incompetent, careless, or otherwise objectionable.

13. FAILURE TO PERFORM

A. Failure of the Contractor to (a) deliver the required goods or perform the required goods within the time specified or within a reasonable time or (b) make replacements of rejected articles immediately or as directed shall constitute authority for the District to purchase in the open market services or goods of comparable grade to replace the goods not delivered or rejected. On all such purchases, the Contractor shall reimburse the District within a reasonable time as specified by the District for any expense incurred in excess of Contract prices, including any administrative costs.


B. Should public necessity demand it, the District reserves the right to use or consume articles delivered or services performed which are substandard in quality, subject to an adjustment in price as reviewed and approved by the District’s Procurement & Contract’s Division. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Purchasing Officer that failure to perform this Contract was due to causes beyond the control and without the failure or negligence of the Contractor.

C. The remedies provided in this General Condition are in addition to any other rights and

remedies provided by law or under any other provisions of this Contract.

14. TERMINATION OF CONTRACT

A. The District may terminate this Contract at any time by giving the Contractor 30 calendar days’ written notice thereof. Notice of termination shall be sent by certified mail. Upon termination, the District shall pay the Contractor its allowable costs incurred to the date of termination and those costs deemed necessary by the District to effect termination.

B. In the event that the Contractor at any time during the entire term of this Contract breaches the

requirements or conditions of the Contract, and does not within 10 business days of receipt of notice thereof from the District cure such breach or violation, the District may immediately terminate this Contract and shall pay the Contractor only its allowable costs to the date of termination. If the Contractor does cure the breach or violation, any subsequent breach or violation of any kind may be cause for immediate termination without advance notice.

15. GOVERNING LAW

This Contract shall be governed by and construed according to the laws of the State of California. Venue shall be the courts in the County of Alameda.

16. RIGHT TO AUDIT

The District reserves the right to audit the books and supporting documents of a contractor or any subcontractor.

17. COMPLIANCE WITH LAWS

The Contractor hereby represents and warrants:

A. that it is qualified to do business in the State of California and that it will take such action as,

from time to time hereafter, may be necessary to remain so qualified; B. that it shall comply with all Federal, State and local laws, ordinances, rules, and

regulations applicable to its activities and obligations under this Contract; and C. that it shall procure, at its own expense, all licenses, permits, insurance, bonding, and

governmental approval, if any, necessary to the performance of its obligations under this Contract.


18. FORCE MAJEURE

A. Neither party shall be considered in default in the performance of its obligations hereunder to the extent that performance of such obligations is delayed, hindered or prevented by any cause which is beyond the reasonable control of such party (hereinafter called "Force Majeure"). Force Majeure includes but is not limited to any of the following, if reasonably beyond the control of the party claiming Force Majeure: delays caused by the other party, war (declared or undeclared), blockades, hostilities, riots, strikes, lockouts or other labor disturbances, epidemics, fires, storms, delays or interruptions in transportation, or any laws, regulations or ordinances of any government, governmental agency or court having or claiming to have jurisdiction over any part of the Contract, or any other causes (whether or not of kinds specifically mentioned herein). Notwithstanding anything in this Contract, Force Majeure does not include the Contractor's failure to obtain the necessary permits, licenses, exceptions, or other authorizations required to perform this Contract.

B. Either party hereto shall give notice promptly within seven (7) calendar days of the nature

and extent of any Force Majeure claimed to delay, hinder, or prevent performance under this Contract. Failure to do so shall constitute a waiver of any claim hereunder.

19. INSURANCE The Contractor will be required to secure insurance as indicated below.

A. Insurance Requirements: Contractor shall, at its expense, procure and maintain during the life of

the Contract all the insurance on all of its operations in companies acceptable to the District, as required by this section, and shall submit Certificates of Insurance to the District with Contractor’s bid submittal. The notice to proceed shall not be issued, and the Contractor shall not commence work until such insurance has been approved by the District. Acceptance of the insurance shall not relieve the Contractor of any of the insurance requirements, nor decrease the liability of the Contractor. The District reserves the right to require the Contractor to provide Insurance Policies for review by the District in the event there is a dispute regarding the scope and coverage of insurance.

B. Worker’s Compensation Insurance: The Contractor shall take out and maintain during the life of

the Contract, Worker’s Compensation and Employers’ Liability Insurance for all employees assigned to the Work. Employers’ liability insurance shall be provided in amounts not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease, and $1,000,000 each employee for bodily injury by disease. In lieu of evidence of Worker’s Compensation Insurance, the District will accept a Self-Insuring Certificate from the State of California. The Contractor shall require any subcontractor to provide evidence of Worker’s Compensation and Employers’ Liability Insurance, all in strict compliance with California State Laws.


C. General Liability Insurance: The Contractor shall also secure and maintain during the life of the Contract such General Liability Insurance as shall protect the District, its directors, officers, employees, and agents from claim which may arise from operations under this Contract, whether such operations are by itself, by any subcontractor, or by anyone directly or indirectly employed by either of them. Contractor shall carry Comprehensive General Liability or Commercial General Liability insurance covering all operations by or on behalf of District for bodily injury, property damage, and personal injury liability for the limits of liability indicated below and including, but not limited to, coverage for:

premises and operations; products and completed operations; contractual liability insuring the obligations assumed by Contractor in this contract; broad form property damage (including completed operations); explosion, collapse and underground hazards; bodily injury; property damage; arrest, false imprisonment, malicious prosecution, defamation of character, libel and slander alleged to have been caused by Contractor or employees of Contractor or subcontractors; personal injury liability; and accidental spillage, cleanup and other related costs. Claims for Personal injury, Property Damage arising out of the discharge, dispersal, release or escape of pollutants, or claims arising from the loading, unloading or transportation of hazardous materials by any type of licensed vehicle on a public road.

Except with respect to bodily injury and property damage included within the products and

completed operations hazards, the aggregate limits where applicable, shall apply separately to Contractor’s work under this Contract.

This Liability Insurance shall be in an amount not less than $1,000,000 for each occurrence, $5,000,000 for each occurrence for work on public roadways.

Contractors performing construction work shall carry the required Commercial General Liability Insurance for ten (10) years following completion of Contractor’s work under this Contract and Contractor shall furnish Certificates of Insurance to District at the inception of each of these subsequent policies for ten (10) years as evidence of this required insurance.

Broad form property damage liability must be afforded. Permission is granted for deductible which shall not exceed $25,000 without approval of the District.

1) One of the following coverage forms is required: a. Comprehensive General Liability Commercial b. General Liability (Occurrence)

2) If Contractor carries a Comprehensive General Liability policy, the limits of liability shall

not be less than a Combined Single Limit for bodily injury, property damage and Personal Injury Liability of: a. $1,000,000 each occurrence b. $2,000,000 Aggregate


3) If Contractor carries a Commercial General Liability (Occurrence) policy, the limits of

liability shall not be less than: a. $1,000,000 each occurrence (combined single limit for bodily injury and property

damage) b. $1,000,000 for Personal Injury Liability c. $2,000,000 Aggregate for Products-Completed Operations d. $2,000,000 General Aggregate

If the policy does not have an endorsement providing that the General Aggregate Limit applies separately to this Work or if defense costs are included in the aggregate limits, then the required aggregate limits shall be $2,000,000.

4) With respect to whichever general liability policy form is furnished, District, its officers,

directors, employees and agents shall be named as Additional Insured per Additional Insured Endorsement CG20 10 10 93 or equivalent. This Endorsement is to be attached to insurance certificates submitted to ACWD. The policy shall stipulate that the insurance afforded the Additional Insured shall apply as primary insurance and that any other insurance carried by District, its officers, directors, employees and agents will be excess only and will not contribute with Contractors insurance. Exclusions of contractual liability as to bodily injuries, personal injuries and property damage MUST BE ELIMINATED from the basic policy and endorsements.

D. Automobile Liability Insurance: The Contractor shall take out and maintain during the life of the

Contract, Automobile Liability Insurance (Bodily Injury and Property Damage Liability) including coverage for all owned, hired, rented, leased and non-owned automobiles. The limits of liability shall be not less than $1,000,000 Combined Single Limit for each accident and $5,000,000 for each occurrence for work on public roadways. 1) If a Contractor’s vehicle is used in the performance of Work on District property or at a

jobsite then with respect to the automobile liability policy that is furnished, District, its officers, directors, employees and agents shall be named as Additional Insured. The policy shall stipulate that the insurance afforded the Additional Insured shall apply as primary insurance and that any other insurance carried by District, its officers, directors, employees and agents will be excess only and will not contribute with this insurance. The policy must cover complete contractual liability. Exclusions of contractual liability as to bodily injuries, personal injuries and property damage MUST BE ELIMINATED from the basic policy and endorsements.

E. Waiver of Subrogation: The referenced policies and any Excess or Umbrella policies, where applicable, shall contain a waiver of subrogation in favor of the Alameda County Water District and their respective directors, officers, employees, volunteers and agents while acting in such capacity, and their successors or assignees, as they now or as they may hereafter be constituted, singly, jointly or severally.


F. Certificates of Insurance: Certificates of Insurance shall be furnished by Contractor to District before any work is commenced hereunder by Contractor. The Certificate of Insurance shall provide that there will be no cancellation, reduction or modification of coverage without thirty (30) days prior written notice to District. District is to be notified if insurance is cancelled for any reason. If Contractor does not comply with this Section, District may, at its option, provide insurance coverage to protect District and charge Contractor for the cost of that insurance. The required insurance shall be subject to the approval of the District, but any acceptance of insurance certificates by District shall not limit or relieve Contractor of the duties and responsibilities assumed by it under this Contract.

G. Deductibles and Self-insured Retention: Any deductibles or self-insured retention must be declared to ACWD.

H. District and Contractor waive all rights against each other and against all other contractors for

loss or damage to the extent covered by Builder’s Risk or any other property or equipment insurance applicable to the work, except such rights as they may have to the proceeds of such insurance. If the policies of insurance referred to in this Section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be endorsed or obtain such consent.

I. The requirement for carrying insurance hereunder is cumulative and shall not be in derogation

of other provisions of this Contract. J. Insurance carrier must have a Best’s Rating of “A-VII” or better.

IMPORTANT

If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

DISCLAIMER

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements(s).

20. CONTRACTOR’S LIABILITY

The Contractor shall indemnify, keep and save harmless the District and its directors, officers, employees, and agents against all suits or claims that may be based on any injury to, or death of, any person or any damage to property that may occur, or that may be alleged to have occurred, arising from the performance of this Contract by the Contractor, whether or not it shall be claimed that the injury was caused through a negligent act or omission of the Contractor or its employees. The Contractor shall, at its own expense, pay all charges of attorneys and all costs and other expenses arising therefrom. If any judgment shall be rendered against the District in any such action, or if the District enters into a settlement to resolve the whole or a portion of such action, the Contractor shall at its own expense satisfy and discharge the same.


Termination or expiration of the Contract shall not affect the Contractor’s duty to indemnify, keep and save harmless for suits or claims accruing during the Contract period.

21. CONTRACTOR’S INTELLECTUAL PROPERTY LIABILITY

The Contractor represents and warrants that its performance under this Contract, and all work, materials and equipment used in its performance of this Contract, will not infringe or misappropriate any intellectual property rights, such as patent, copyright, trademark or trade secret. In addition to the warranties and indemnities provided elsewhere in this Contract, the Contractor agrees that it will, at its own expense, indemnify, defend, and hold harmless the District and its directors, officers, employees, and agents against all demands, liabilities, damages, expenses, suits and proceedings that are based on any claim that the services, software, materials or equipment, or any part thereof, or any tool, article or process used in the manufacture thereof, or used in connection with the Contractor's work under this Contract, constitutes a violation, infringement, unauthorized use or misappropriation of any intellectual property of any third parties (including, without limitation, any trade secret, trademark, service mark, copyright, patent, process, method or device). If the institution or resolution of such a suit or proceeding requires the District to procure new non-infringing material or equipment, it may do so at the Contractor’s expense. The District will give the Contractor prompt notice in writing of the institution of the suit or proceeding. If any third party files a claim or lawsuit against the District that impacts the District's ownership or use of work performed or materials or equipment supplied under this Contract, or any material components of this Contract, the District in its sole discretion may terminate this Contract for Contractor default. This indemnification shall survive the termination or expiration of this Contract.

22. ENVIRONMENTAL COMPLIANCE

Contractor shall comply with applicable environmental statues, regulations and guidelines in furnishing the Work under this solicitation, including laws on the disposal of hazardous wastes. Contractor shall bear full and exclusive responsibility for any release of hazardous or nonhazardous substances or disposal of hazardous wastes during the course of furnishing the Work in accordance with this Solicitation. Contractor shall be solely responsible for all claims and expense associated with the disposal of hazardous wastes or with the response to or removal of any release, including without limit, payment of any fines or penalties levied against the District by any agency as a result of such release. Contractor shall hold harmless, indemnify and defend the District from any claims, suits, actions, costs or expenses arising from such disposal or release.

23. NON-COLLUSION CERTIFICATION By submitting a bid, the Bidder represents and warrants that such bid is genuine and not sham,

collusive, or made in the interest or on behalf of any person therein named. The Bidder also represents that it has not, directly or indirectly, induced or solicited any other Bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not in any manner sought by collusion to secure an advantage over any other Bidder.


If at any time it shall be found that the person, firm, or corporation to whom a Contract has been awarded has in presenting any bid or bids, colluded with any other party or parties, then the Contract so awarded shall be null and void and the Contractor and its sureties shall be liable to the District for all loss or damage which the District may suffer thereby; and the Board of Directors may re-award the Contract pursuant to appropriate procedures.

24. DISTRICT’S WAIVER OF CONDITIONS The waiver of any provision, term, or condition in these Solicitation Documents by the District on

any particular occasion shall not constitute a general waiver of any other provision, term, or condition, nor a release from the Contractor's obligation to otherwise perform or observe any other provision, term, or condition of the Contract.

25. SEVERANCE If any provisions of the Solicitation Documents or Contract are declared invalid by a court of law,

such decision will not affect the validity of any remaining portion, which shall remain in full force and effect.

26. ATTORNEYS' FEES If any legal proceeding should be instituted by either of the parties to enforce the terms of this

Contract or to determine the rights of the parties hereunder, the prevailing party in said proceeding shall recover, in addition to all court costs, reasonable attorneys' fees.

27. RIGHTS AND REMEDIES OF THE DISTRICT The rights and remedies of the District provided herein shall not be exclusive and are in addition to

any other rights and remedies provided by law or under the Contract. 28. STATUS OF CONTRACTOR, LICENSES AND PERMITS Contractor shall possess such State and local licenses, certificates and permits required of the

Contractor by law, and shall furnish satisfactory proof to the District upon request that such licenses, certificates and permits are in effect during the entire period of the Contract.

When transporting equipment or materials over public roads, the Contractor shall comply with

Division 15, Article 6 of the California Vehicle Code, which requires transportation permits for loads and/or vehicles that exceed statutory limits for size and weight. In addition to any State and/or County transportation permits required, City of Fremont requires transportation permits for oversized and/or overweight vehicles.

29. WORK AREAS AND ACCESS

A. Work Hours: The Contractor shall conduct its operations between 6:00 a.m. and 2:30 p.m.,

Monday through Friday.


B. District Access: District personnel will be working in and around the work area. The Contractor shall not park or store vehicles, material or equipment in such a manner that will restrict District access to District equipment and facilities. The District may have other Contractors working within and adjacent to the work area.

C. Emergency Hazardous Material Spill Response Plan: The Contractor shall prepare an

Emergency Response Plan (ERP) to address an accidental spill of petroleum products or any other materials that are determined to be hazardous to aquatic or plant life, and drinking water. The Contractor shall submit a satisfactory ERP to the District for review and concurrence during the kick-off meeting as referenced in Part II, Section 11, Item A, “On-Boarding / Kick-Off Meeting”. Primary elements of the written plan shall include, but not necessarily be limited to the following:

1) Emergency spill response/containment/cleanup/legal disposal procedures in the event of a

leak or spill of a hazardous substance. 2) A list of emergency response materials which will be kept on site. 3) List of phone numbers of the District, California Fish and Game and U.S. Fish and Wildlife

Service, points of contact that the Contractor shall immediately notify in the event of a leak or spill.

D. Public Safety: The Contractor and subcontractors shall exercise caution and maintain speeds as

posted on the roads when entering and exiting District facilities. 30. SITE CONDITIONS

Contractor shall inform itself fully and assume the risk as to uncertainties of weather, work area restrictions, or similar physical conditions at the project site.

31. ACCIDENT PREVENTION / SAFETY

A. Contractor shall be solely responsible for job site safety, accident prevention, bodily injury, including death, to persons arising from its operations.

B. Contractor shall comply with all applicable federal, state, and local laws and regulations, including safety orders of CAL-OSHA and of the State of California, Department of Industrial Relations, Division of Industrial Safety, and shall also take or cause to be taken such additional measures as may be necessary for the prevention of accidents.

C. Contractor shall at all times conduct all operations under the Contract in a manner to avoid the

risk of bodily harm to persons. Contractor shall continuously inspect all work, materials and equipment to insure safe working conditions are maintained.

D. During the performance of the work, Contractor shall institute controls and procedures for the

control and safety of persons visiting the job site.


E. Contractor shall maintain an accurate record of, and shall report to the District in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies or equipment incident to work performed under the Contract.

F. No part of the time lost due to any stop work order, for items related to this article, issued by

proper authority shall be made the subject of claim for extension of time or for extra costs or damages by Contractor.

G. Compliance with the provisions of this article by subcontractors shall be the responsibility of the

Contractor. H. The Contractor shall exercise the necessary precaution to prevent unauthorized fires either

within or adjacent to the work area and shall be responsible for all damage from fire due directly or indirectly to its own operations and/or employees of its subcontractors and suppliers. The contractor shall comply with all Federal, State and local laws and regulations pertaining to burning, fire prevention and control within or adjacent to the work.

32. NOISE CONTROL

A. The facilities may be located in a residential area. The noise level, due to Contractor’s operations measured at any District property line, shall not exceed noise standards by city ordinances. Unavoidable impact noise will not be measured.

B. Before starting any operation, the Contractor shall demonstrate that its noise control measures

are adequate to meet the specified limits. Work shall not proceed until the Contractor’s noise control measures are adequate and satisfactory. Any claims or fines resulting from excessive noise shall be borne solely by the Contractor. Noise control measures may include, but are not limited to engine mufflers or exhaust pits.

33. UTILITIES AND FACILITIES

A. The Contractor shall furnish, maintain and remove water handling facilities needed for

performing the work. District, at no charge, will allow Contractor to take water from District fire hydrants. The location of the hydrant(s) to be used and withdrawal rates shall be approved by District prior to any use by Contractor. The Contractor shall apply for a construction water meter from the District (Customer Service) prior to any use by Contractor and pay the standard deposit for the meter. The Contractor shall check the condition of the meter upon receipt. All service and water charges will be waived by District. Final payment will not be made until the meter is returned in satisfactory condition. Contractor shall supply its own drinking water.

B. If required, Contractor shall furnish and maintain in sanitary condition adequate toilet facilities

at the site of Work. Such facilities shall be subject to the concurrence of the District as to location and type. The Contractor shall remove the facilities and disinfect the premises upon completion of the Work. All portions of the work shall be maintained at all times in a neat, clean and sanitary condition.


INVITATION FOR BIDS

APPENDIX A

FORMS

Solicitation No.: IFB 15/16-82 Appendix A, Forms Title: Preventive Maintenance Services and Repairs for Diesel Generators Form 2 of 6

BIDDER QUALIFICATION FORM

This Statement is to accompany the bid submitted in response to Invitation for Bids No. 15/16 – 82 for Preventive Maintenance Services and Repairs for Diesel Generators. I certify that the following information submitted is true and correct:

The company is licensed as required and has experience in the mechanical installation and maintenance business of servicing standby engine generator sets for a minimum of five (5) years. The company can also comply with the District’s service needs as referenced in Part II, Section 3, “Specifications / Special Provisions”.

1. NAME OF BIDDER: ___________________________________________ 2. BUSINESS ADDRESS: ___________________________________________ 3. DIR REGISTRATION #: ___________________________________________

4. LICENSE NO. & CLASSIFICATION: ____________________________________

5. TELEPHONE NO.: ___________________________________________

6. EMAIL: ___________________________________________

7. OFFICIAL REP. & TITLE: ___________________________________________

8. SIGNATURE: ___________________________________________ 9. DATE: ___________________________________________


SUBCONTRACTORS FORM All Proposers shall complete and submit this form with their proposal, identifying all the subcontractors and vendors who will participate on this contract. List any and all Subcontractors that may be used during the duration of this agreement:

Firm Name, Address, City, State, Zip

Phone, Fax, E-mail Contact, Title Description of Portion of

Work to be Performed

Name Phone

Address Fax

City, State, Zip E-mail

Name Phone

Address Fax


Name Phone

Address Fax


Name Phone

Address Fax



REFERENCES FORM

If Bidder has not done business with the District within the previous five (5) years, Bidder shall be required to provide three (3) local customer (government or private industry) references for contracts of similar scope and size completed within the last three (3) years. These customers may be contacted by the District. Responses will be considered by the District in assessing Bidder responsibility.

1. Name: _________________________________________________________________ Address: _______________________________________________________________ City, State, Zip: ______________________________________________________ ______ Telephone /Email: ________________________________________________________ Contact Person: ______________________________________________________ ______ Duration of Contract: ______________________________________________________




BID SCHEDULE FORM

Please provide fully burdened fixed fee price for each category below, to be effective for the base term of the Contract, which shall include labor, material, consumable supplies, tools, equipment, supervision, overhead (home office and field office), profit, vehicle, fuel, insurance, and any other costs necessary to accomplish the Work specified in Part II, “Specifications / Special Provisions”:

Repair Rates (As-Needed): Fixed Hourly Rate

Years 1 - 2 7/15/16 to 6/30/18

Estimated Hours to Quantify Bid

per Year Total Annual Cost

Repairs: Straight Time (Hourly Rate) 6:00 am – 3:30 pm

$ __________.____ x 80 / Year = $ ________.____ / Year

Repairs: Overtime (Hourly Rate) 6:00 am – 3:30 pm $ __________.____ x 10 / Year = $ ________.____ / Year

Repairs: Emergency Call-out (Hourly Rate) $ __________.____ x 10 / Year = $ ________.____ / Year

Subtotal (A): = $ ________.____ / Year

Preventive Maintenance Cost (Monthly): Total Monthly Cost

1. Headquarters, 43885 South Grimmer Blvd., Fremont, CA 94538 = $ _______.____ / Month

2. Mission San Jose Water Treatment Plant (WTP #1), 42500 Vargas Rd., Fremont, CA 94539 = $ _______.____ / Month

3. Water Treatment Plant No. 2 (WTP #2), 42436 Mission Blvd., Fremont, CA 94539 = $ _______.____ / Month

4. Blending Facility, 1111 Mowry Ave., Fremont, CA 94537 = $ _______.____ / Month

5. Well Field #1, 1119 Mowry Ave., Fremont, CA 94537 = $ _______.____ / Month

6. Well Field #2, 1385 Mowry Ave., Fremont, CA 94537 = $ _______.____ / Month

7. Desalination Plant, 6833 Redeker Pl., Newark, CA 94560 = $ _______.____ / Month

Subtotal: = $ _______.____ / Month

x 12 Months (B): = $ ________.____ / Year

Parts & Materials (As-Needed):

Estimated Annual Cost of Parts & Materials (Per Part II, Section 3, Item D) $ 5,000.00 / Year

Contractor’s Percentage Mark-up (Not to exceed 10%): %_________ x $ 5,000.00 = (C): $ ________.____ / Year

Grand Total Estimated Annual Cost: (For Bid Comparison Purposes Only) A+B+C = $_______________.____ / Year

The District reserves the right to add or remove equipment from this Contract. If equipment is amended during the term of the Contract, the cost proposal shall be amended to reflect such service and corresponding Price. Company: ___________________________ DIR Registration #: _____________________


SIGNATURE PAGE

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers as of the last signature date set forth below. ALAMEDA COUNTY WATER DISTRICT By: __________________________________ Name: ________________________________ Title: _________________________________ Date: _________________________________

CONTRACTOR* By: __________________________________ Name: ________________________________ Title: _________________________________ Date: _________________________________ By: ___________________________________ Name: _________________________________ Title: __________________________________ Date: __________________________________

*If Contractor is a corporation, the Contract must be executed by two corporate officers, one from each of the following categories 1) the President, the Vice President or the Chair of the Board, and 2) the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.

PROCUREMENT & CONTRACTS DIVISION

INVITATION FOR BID

APPENDIX B

SAMPLE CONTRACT

-1- 5972455.1

AGREEMENT FOR SERVICES

THIS CONTRACT is entered into by and between the ALAMEDA COUNTY WATER DISTRICT (hereinafter referred to as “District”), located at 43885 South Grimmer Blvd., Fremont, CA 94538 and XXXXXX, (hereinafter referred to as “Contractor”), located at XXXXXXXXXXXXX. WITNESSETH that the Contractor and the District, for the consideration hereinafter named, agree as follows: 1. SCOPE OF WORK. The Contractor shall furnish the District all materials and services in

full accordance with the solicitation documents approved by the District entitled:

SOLICITATION NO. IFB 15/16-82 FOR THE PROVISION OF PREVENTIVE MAINTENANCE SERVICES AND REPAIRS FOR DIESEL GENERATORS

and which are appended hereto and made part of the Contract. 2. TIME OF PERFORMANCE. The Contractor shall perform the Work in accordance with

Part II, “Specifications and Scope of Work”, pursuant to the Notice to Proceed. 3. AGREEMENT PRICE. The Contractor shall faithfully perform the Work required under

this Contract and shall be compensated at the rates, as quoted on the Bid Schedule. 4. TERM OF AGREEMENT. The base term of this Agreement shall be for a period of two

(2) years with three (3), one-year options for renewal, at the District’s sole discretion, pursuant to Part II, Section “Contract Term.” The Contract is subject to termination pursuant to Part III, Section 14 “Termination of Contract.”

5. COMPONENT PARTS. This Agreement shall consist of the following documents, all of

which are incorporated herein and made a part hereof by reference hereto:

A. This Agreement B. Bid Documents: Information/Instructions to Bidders, Specifications/Special Provisions,

General Conditions C. Bid Forms (as accepted by District) D. Insurance Certificate

-2- 5972455.1

6. SERVICE NOTICE. All notices and communications deemed by either party to be necessary or desirable to be given to the other party shall be in writing and may be given by personal delivery to a representative of the parties or by mailing the same postage prepaid, addressed as follows: If to the District: ALAMEDA COUNTY WATER DISTRICT

43885 S. Grimmer Boulevard Fremont, CA 94538 ATTENTION: Mike Casey, Contract Administrator

If the Contractor: XXXXXXXXXXXXX XXXXXXXXXXXXX XXXXXXXXXXXXX ATTENTION: XXXXXXXX

The address to which mailings may be made may be changed from time to time by notice mailed as described above. Any notice given by mail shall be deemed given on the day after that on which sit is deposited in the United States Mail as provided above.

7. ATTORNEYS' FEES. If any legal proceeding should be instituted by either of the parties

hereto to enforce the terms of this Contract or to determine the rights of the parties thereunder, the prevailing party in said proceeding shall recover, in addition to all court costs, reasonable attorneys’ fees.

8. GOVERNING LAW. This Contract shall be governed and construed in accordance with

the laws of the State of California. Any action relating to, and all disputes arising under, this Agreement shall be instituted and prosecuted in a court of competent jurisdiction in the State of California. Each party hereby appoints the individual listed opposite its name to act as its initial agent for service of process relating to any such action.

/ / / / / / / / / / / / / /

-3- 5972455.1

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers as of the last signature date set forth below. ALAMEDA COUNTY WATER DISTRICT By: __________________________________ Name: ________________________________ Title: _________________________________ Date: _________________________________

CONTRACTOR* By: __________________________________ Name: ________________________________ Title: _________________________________ Date: _________________________________ By: ___________________________________ Name: _________________________________ Title: __________________________________ Date: __________________________________

*If Contractor is a corporation, the Contract must be executed by two corporate officers, one from each of the following categories 1) the President, the Vice President or the Chair of the Board, and 2) the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.

PROCUREMENT AND CONTRACTS DIVISION

INVITATION FOR BIDS

APPENDIX C

DISTRICT HOLIDAY SCHEDULE

Solicitation No.: IFB 15/16-82 Appendix C, District Holiday Schedule Title: Preventive Maintenance Services and Repairs for Diesel Generators Page 2 of 2

Alameda County Water District

2016 Holidays

New Year's Day Friday, January 1, 2016

Martin Luther King, Jr. Birthday

Monday, January 18, 2016

Washington's Birthday Monday, February 15, 2016

Memorial Day

Monday, May 30, 2016

Independence Day Monday, July 4, 2016

Labor Day

Monday, September 5, 2016

Veteran's Day Friday, November 11, 2016

Thanksgiving Day

Thursday, November 24, 2016

Day after Thanksgiving Friday, November 25, 2016

Christmas Eve

Friday, December 23, 2016

Christmas Day Monday, December 26, 2016


INVITATION FOR BIDS

APPENDIX D

PICTURES, DESCRIPTIONS & SAMPLE INSPECTION REPORT

Solicitation No.: IFB 15/16-82 Appendix D, Pictures, Descriptions & Sample Inspection Report Title: Preventive Maintenance Services and Repairs for Diesel Generators Page 2 of 13

Generator Pictures

Gated entrance – TP1, Mission San Jose, 42500 Vargas

Generator Building – TP1, Mission San Jose, 42500 Vargas

Generator – TP1, Mission San Jose, 42500 Vargas


Gated entrance – TP2, 42436 Mission

Generator Building – TP2, 42436 Mission


Inside Generator Building – TP2, 42436 Mission

Generator – TP2, 42436 Mission


Gated entrance – #1 Well Field, 1119 Mowry Blender Facility

Generators Building – #1 Well Field, 1119 Mowry Blender Facility (important to get appointment 1st to gain access)


Gated entrance – #2 Well Field, 1385 Mowry

Generator Enclosure Building– #2 Well Field, 1385 Mowry


Generator Enclosure– #2 Well Field, 1385 Mowry

Generator 1– #2 Well Field, 1385 Mowry


Generator 2– #2 Well Field, 1385 Mowry


Gated entrance – Desalination Plant, 6833 Redeker

Generators (outside) – Desalination Plant, 6833 Redeker


Generator Building – Main Headquarters, 43885 S. Grimmer Blvd.

Generator– Main Headquarters, 43885 S. Grimmer Blvd.


Descriptions of the Standby Generators’ Conditions

1 – Poor 2 – Fair 3 – Good 4 – Very Good 5 - Excellent

The equipment covered by this Contract is as follows Standby Generators

Condition Location Make Model S/N Monthly Check

Annual Service & Load Test

3 – Good Headquarters 43885 S. Grimmer Onan 200.0 DFP B850750845 √ √

4 – Very Good

Desalination Plant 6833 Redeker Olympian D75P2 NFP01873 √ √

2 – Fair Mission San Jose 42500 Vargas Cummins VTA28GS1 37106630 √ √

4 – Very Good

WTP #2 42436 Mission Caterpillar 3412 81Z12457 √ √

4 – Very Good


4 – Very Good


5 - Excellent Blending Facility 1111 Mowry Caterpillar Sr5 G2K00156 √ √


Monthly Inspection Report

Work Order Service Date Manufacturer

Employee ID 2714 Model

Hour Meter Start

Hour Meter End Asset Number

Serial Number

Equipment Location

Instructions

Technical Analysis Detailed Inspection Report

Inspector: M. T. ROSEMAN Time:

Temperature:

Technical Analysis Detailed Inspection Report

TA – Visual Inspection

Status Description Comments Repair

Cooling System

RADIATOR

COOLANT HOSES AND

CONNECTIONS

FAN DRIVE PULLEY & FAN

FAN BELTS

JACKET WATER HEATER

WATER PUMP

THERMOSTATS

Fuel System

FUEL TANK WATER

TRAP/SEPARATOR

FUEL LINES & CONNECTIONS

GOVERNOR & CONTROL FUEL FILTERS

-PRIM/SEC

FUEL PRESSURE

SAMPLE


Air Induction & Exhaust

AIR FILTER AIR FILTER SERVICE

INDICATOR

AIR INLET SYSTEM

TURBOCHARGER

EXHAUST MANIFOLD

EXHAUST SYSTEM

Lube Oil System

OIL

OIL FILTERS

OIL PRESSURE

CRANKCASE BREATHER

Starting System

BATTERIES BATTERIES - SPECIFIC

GRAVITY

BATTERY CHARGER

STARTING MOTOR

ALTERNATOR

Engine Monitors

GAUGES SAFETY CONTROLS

(VISUAL CHECK)

REMOTE ANNUNCIATORS & ALARMS

Generator

PERMIT DATE

Control Panel

START CONTROLS -MAN/AUTO

VOLTMETER

AMMETER

FREQUENCY METER

CIRCUIT BREAKER

VOLTAGE (NO LOAD)

HERTZ (NO LOAD)

SAMPLE