request for quotations for interior wall …

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REQUEST FOR QUOTATIONS FOR INTERIOR WALL CONSTRUCTION SERVICES (RFQ 16/17-01) Date of Issuance: September 14, 2016 Site Visit (Optional): September 20, 2016 at 10:30 A.M. Quotation Due Date: September 30, 2016 by 2:00 p.m. Submit Quotations to: Jillian Ragia, Buyer II Procurement & Contracts Division Alameda County Water District 43885 South Grimmer Boulevard Fremont, CA 94538 Tel.: (510) 668-4292 Email: [email protected]

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REQUEST FOR QUOTATIONS

FOR

INTERIOR WALL CONSTRUCTION SERVICES (RFQ 16/17-01)

Date of Issuance: September 14, 2016

Site Visit (Optional): September 20, 2016 at 10:30 A.M.

Quotation Due Date: September 30, 2016 by 2:00 p.m.

Submit Quotations to: Jillian Ragia, Buyer II

Procurement & Contracts Division Alameda County Water District

43885 South Grimmer Boulevard Fremont, CA 94538 Tel.: (510) 668-4292

Email: [email protected]

RFQ 16/17-01, Interior Wall Construction Services

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PART I: GENERAL DESCRIPTION & INSTRUCTIONS TO CONTRACTORS 1. General Description

The Alameda County Water District is seeking a qualified contractor (Contractor) for the construction of an interior non-structural wall, including doors and hardware, as part of a remodel project in the ozone generation room at Water Treatment Plant No. 2, located at 42436 Mission Boulevard, Fremont, CA. No modification of the building, fenestration, or mechanical systems is required. The lowest responsive and responsible bidder shall be awarded a firm fixed price Agreement for Services.

2. Instructions to Contractors

A. Contractor’s quotes shall be submitted on the attached Quotation Schedule only. All requested documents shall be returned with the quote by the required due date. Contractor must sign the signature page and submit with the Quotation Schedule in order to be considered for award.

B. Submit evidence of ability to meet insurance requirements as specified in the Section III, Sub-section

18, “Insurance.” This can be in the form of a current certificate of insurance or a letter from your firm’s insurance broker stating that you can meet the insurance requirements if awarded a Contract.

C. The District will accept electronic submittals as detailed in Section 10, Submittals.

D. No Contractor or subcontractor may be listed on a solicitation proposal or awarded a contract for a public works project unless registered with Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 at the time of solicitation. (See Labor Code section 1771.1(a).)

E. 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 Title 8 California Code of Regulations Section 16451(d). 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.

3. Contractor Qualifications

The Contractor must meet the following criteria to be considered for award: A. Performance Capability

Contractor shall be responsible and shall have the necessary expertise, personnel, equipment, capacity and sufficient capital to provide the Product(s).

ALL SUBMITTAL CONTENT MUST BE LEGIBLE AND CONTAIN CURRENT INFORMATION. Failure to meet and demonstrate the minimum qualifications in the Quote will deem the Contractor non- responsive.

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B. Minimum Experience The Contractor must have a minimum of five (5) years’ experience engaged in providing similar Services(s) requested under this Solicitation within the United States by attaching copies of state and/or local business licenses and certificates.

C. References If Contractor has not done business with the District within the previous five (5) years, Contractor shall be required to provide three (3) customer references (government or private industry) for contracts of similar scope and size completed within the last three (3) years. These customers may be contacted by the District. Responses will be considered by the District in assessing Contractor responsibility. Customer contact information must be submitted on the References form located in Appendix A.

D. Licensing Requirements

The Contractor shall maintain all licenses, permits, certifications and requirements, as required by California Law, related to the scope of services. Bidders shall possess a valid class A or B 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.

4. Solicitation Timeline

The District intends to adhere to the following timeline which is subject to change at the discretion of the District: Activity Date Request for Quote Issued September 14, 2016 On-Site Visit September 20, 2016 at 10:30 a.m. – 11:30 a.m. Quote Due Date September 30, 2016 by 2:00pm Recommendation of Award on or before October 6, 2016

5. Site Visit (Optional) Contractors are invited to attend a Site Visit at the District’s Water Treatment Plant No. 2 (42436 Mission Boulevard, Fremont, CA 94539) on September 20, 2016 at 10:30 a.m. Attendance is NOT mandatory, but strongly encouraged. Contractor shall inform themselves of all the conditions under which the Services are to be performed concerning the site, the obstacles which may be encountered, and all other relevant matters concerning the Services to be performed under this Contract. If you plan to attend, please RSVP no later than September 19, 2016 by 4:00 p.m. to Jillian Ragia, Buyer II, at (510) 668-4292 or [email protected].

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6. Questions and Requests for Clarifications Contractor must carefully examine the Request for Quotations, including the terms and conditions. In the event of doubt of anything contained in this Request for Quotations, all questions or requests for clarification about the meaning or intent, discrepancies or omissions of the Contract Documents shall be submitted via electronic mail to Jillian Ragia, Buyer II, [email protected]. Oral and other interpretations or clarifications will be without legal effect.

7. Openings and Evaluation of Quotations

Quotations will be received until September 30, 2016 and no later than 2:00 p.m. If the timestamp in the header of an email submission is not after the Bid due date, the Bid shall be opened. No responsibility will attach to the District for the premature opening of a Bid not properly addressed and identified. Complete, responsive Bids received will be compared on the basis of the correct Total for Comparison of Bids stated in the Quotation Schedule. A summary of received Bids will be released by email within two business days of opening.

8. Award of Contract A. An Agreement will be awarded to the responsive and responsible Bidder who submits the lowest

quotation price in conformance with the Request for Quotations.

B. The District reserves the right to reject any and all Quotations, including but not limited to, fiscally unacceptable, non-conforming, unbalanced or conditional Quotations; and to waive any and all irregularities in the Quotations and quotation process. The District reserves the right to award by line item, group or in total, whichever is in the best interest of the District. The District may reject, as non-responsive, quotations in which Contractors fail to submit their Quotation in accordance to the Request for Quotations.

C. An Agreement will be awarded by the District, by written acceptance within 45 days after the day of

the Quotation Opening or within the time for acceptance specified in the Request for Quotations, or in any extension thereof agreed to by the parties.

9. Execution and Acceptance

A Notice to Proceed will be issued after (1) a Contract has been executed by both the District and the Contractor and (2) receipt and acceptance by the District of insurance, bonds, and any other required documents.

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10. Submittals

Documentation may be submitted via Email to [email protected] or US mail to Alameda County Water District, 43885 S. Grimmer Boulevard, Fremont, CA 94538, and Attention: Jillian Ragia, Buyer II. The required documents are as follows: A. Qualification Form B. Quotation Schedule Form C. Subcontractors Form D. References Form E. Signature Page F. Evidence of Contractor license (A or B) G. Evidence of Insurance H. Proof of DIR registration I. Non-Collusion Declaration

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PART II: SPECIFICATIONS / SCOPE OF SERVICE

1. Description

The District requires the construction of an interior non-structural wall including doors and hardware, located at Water Treatment Plant No. 2 (WTP #2), 42436 Mission Blvd., Fremont, CA 94539, as part of a remodel project in the ozone generation room. The wall shall be metal stud, insulated, sheetrocked, textured and painted. Building permit, electrical, lighting, HVAC, alarm system and signage services are not required of the Contractor. The work shall be performed under the technical supervision of the District and shall be performed and scheduled as requested by the District. Once scheduled, the Contractor shall complete all requested work within thirty (30) calendar days. The Contractor shall provide all labor, materials, tools, travel and equipment to satisfactorily complete the services. 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. Requirements Please refer to Appendix B, “Ozone Generation Area Wall Design Details” for construction requirements of the Interior Wall. Contractor is not responsible for items listed under Appendix B, Sheet A-1, “General Notes”, Item 3.

3. Sequence of Work

A. Contractor shall frame wall, and furnish and install doors and hardware.

B. Upon completion of framing, the District shall be allowed ten (10) business days to install electrical receptacles (12 maximum), network cable outlet jacks (12 maximum) and conduit & wiring in the framed wall.

C. Upon District completion of work, Contractor shall seal openings, insert insulation into wall, apply sheetrock, apply wall texture and finish and paint wall.

4. Materials and Finish Notes

Please refer to Appendix B, Sheet A-3, “Materials and Finish Notes”.

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5. District Responsibilities The District shall be responsible for: A. Providing reasonable means of access to District facility during business hours.

B. Providing the necessary design and detail drawings.

C. Installing electrical receptacles, network cable outlet jacks, conduit and wiring in the framed wall as

referenced in Appendix B, Interior Wall Construction Services.

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PART III: TERMS AND CONDITIONS 1. Contract Documents

A. Contract Documents may include any or all of the following: Request for Quotations, Quotations,

Drawings, Technical Specifications, these Terms and Conditions, and the District’s Agreement for Services.

B. In resolving conflicts, errors, and discrepancies within the Contract Documents, the Documents shall be

given precedence in the following order:

1) Agreement for Services 2) Request for Quotation 3) Contractor’s Quotation, as accepted by the District.

2. Prevailing Wage

The services of the Contractor required under this Contract constitute a “public works” project as defined by the California Labor Code. Therefore, the Contractor agrees to comply with all applicable prevailing wage requirements set forth in California Labor Code Sections 1770 to 1781 inclusive. All workers employed on or in the execution of the project shall be paid not less than the applicable current general prevailing wage as determined by the Director of Industrial Relations. The current General Prevailing Wage Determinations located on the Department of Industrial Relations’ website (30TU30TUhttps://www.dir.ca.gov/OPRL/2012-2/PWD/index.htmUU30T30T), shall be incorporated into this Contract. The Contractor shall be responsible for the compliance of its subcontractors. The Contractor’s attention is directed to the payroll records requirement of Labor Code Section 1776, and Contractor and its subcontractors will 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 worker in connection with services performed under this Contract. The District has not established a labor compliance program. Responsibility for labor law enforcement remains with the Division of Labor Standards Enforcement.

3. 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 Project Manager and make repairs immediately, to the satisfaction of the District’s Project Manager 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.

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4. Warranty Submit any warranty information offered for the work performed and/or equipment installed. One (1) year warranty on parts and labor of new equipment is the minimum excepted. 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 Section II of this RFQ, requirements, or

other descriptions. B. Be fit for the purpose or purposes of intended use.

C. Conform to all applicable established industry standards, local, state, and federal laws and regulations. D. If said equipment, material, service, or work is found to be defective in workmanship, materials or

design, fails or is found to be non-conforming with the terms and conditions of this Contract, within 12 months after the date of acceptance, it shall, at the District’s option, be repaired or replaced at the District’s location by the Contractor at absolutely no cost to the District.

5. Payment

A. Payment will be made in one lump sum for the services, in accordance with the prices stipulated on the

Quotation Schedule, as inspected and accepted by the District upon completion of services.

B. The invoice shall include the date(s) of service and a descriptive list of services performed under this Contract.

C. The invoice shall reference the Agreement number, be submitted by email to the District’s Accounting

Department ([email protected]) to the attention of Bob Marsheck, Facilities Engineering Supervisor, or one hard copy addressed as follows:

Alameda County Water District

Accounting Department PO Box 5110

Fremont, California, 94537

6. 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.

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7. 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 Contractor shall be available to the public.

B. If the Contractor believes any communication contains trade secrets or other proprietary information that the Contractor believes would cause substantial injury to the Contractor’s competitive position if disclosed, the Contractor shall request that the District withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. The Contractor may not designate its entire quote as confidential. Additionally, the Contractor may not designate Quotation Forms as confidential.

C. If the Contractor requests that the District withhold from disclosure information identified as confidential and the District complies with the Contractor’s request, the Contractor 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 Contractor information), and pay any and all costs and expenses related to withholding Contractor information. The Contractor 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 Contractor information.

D. If the Contractor 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.

8. 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.

9. Change Orders / Amendments A. A duly authorized representative of the District’s Procurement & Contracts 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.

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10. Material and Workmanship 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 Project Manager or designee, is equal to that named in the specifications, unless otherwise specifically provided in this Contract. 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.

11. Failure to Perform

A. Failure of the Contractor to (a) perform the required services 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 & Contracts Division. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Procurement & Contracts Division 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.

12. 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 calendar 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.

13. 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.

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

15. 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.

16. 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.

17. 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 quote 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.

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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. 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)

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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.

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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).

18. 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.

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19. Environmental Compliance Contractor shall comply with applicable environmental statutes, 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.

20. Non-Collusion Declaration

By submitting a quote, the Contractor represents and warrants that such quote is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, and that the quote is genuine and not collusive or sham. The Contractor also represents that it has not, directly or indirectly, induced or solicited any other Contractor to put in a sham quote, or any other person, firm, or corporation to refrain from participating in this RFQ. The Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the quote price of the Contractor or any other Contractor, or to fix any overhead, profit, or cost element of the quote price, or of that of any other Contractor. All statements submitted in response to this RFQ are true. The Contractor has not, directly or indirectly, submitted his or her quote price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, quote depository, or to any member or agent thereof, to effectuate a collusive or sham quote, and has not paid, and will not pay, any person or entity for such purpose.

21. 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.

22. 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.

23. 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.

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24. 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.

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

26. Contractor License

The Contractor and all designated subcontractors shall possess at all the times stated in the California Business and Professional Code a valid class A or B license issued by the California State Contractors License Board of the proper classification for the work to be performed by the Contractor and all designated subcontractors.

27. Work Areas and Access A. Before work begins, the Contractor shall furnish the District with a list of Contractor’s employees,

subcontractors and agents. Persons identified on the list may be issued temporary identification (ID) cards by the District.

B. Contractor shall maintain unobstructed access on driveways at work sites at all times.

C. In addition to process areas, there are facilities where 12 KV substations are adjacent to the work areas which will be in service. Unobstructed access shall be maintained to these facilities at all times.

D. 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.

E. The Contractor shall locate, make arrangements and pay all fees for the usage of a legal, offsite disposal area for excess and unsuitable materials and trash resulting from Contractor’s operations.

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28. Site Conditions A. Contractor shall inform itself fully and assume the risk as to uncertainties of weather, work area

restrictions, or similar physical conditions at the job site.

B. The following chemicals are stored by the District to process potable drinking water at its facilities: CHEMICAL CONCENTRATION Sodium Hypochlorite 12.5% Hydrofluosilicic Acid 23.0% Aqueous Ammonia 30.0% Sodium Hydroxide 50.0% Ferric Chloride 50.0% Polymer varies Carbon Dioxide (liquid) 100.0% Oxygen (liquid) 100.0%

Copies of the Material Safety Data Sheets (MSDS) are available at the Contractor’s request. If as part of this contract, the District has the Contractor working at facilities having one or more of the chemicals noted above, the District will notify the Contractor before any work is performed on the site of the presence of the chemicals above and the facilities evacuation plan. The Contractor shall inform itself, employees, and subcontractors of the potential for chemical leaks or spills at the facility and of facilities the evacuation plan. 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 main entrance of the facility and wait for further instructions from the District.

C. Contractor shall conduct its operations between 7:00 a.m. and 4:00 p.m., Monday through Friday, with

no work performed on Saturdays, Sundays, or District Holidays. The District observes the following holidays, New Year’s Day, Martin Luther King, Jr. Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve and Christmas Day.

29. 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.

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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.

30. Noise Control

A. The facility is located in a residential area. The noise level due to Contractor’s operations, measured at

any District property line shall not exceed Ldn (Day-night equivalent noise level) as determined by City municipal code. Reduce by 5 db (A) for single tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises. 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.

31. Anti-trust Claim Assignment The Contractor is required to comply with Public Contract Code Section 7103.5(b), which addresses assignment of antitrust actions.

32. Coordination with Utilities

Pursuant to California Government Code Section 4215, if during the course of the work Contractor encounters utility installations which are not shown or indicated in the contract plans or in the specifications or which are found in a location substantially different from that shown, and such utilities are not reasonably apparent from visual examination of the work site, then it shall promptly notify the District in writing. Where necessary for the work, the District will issue a change order to adjust the scope of work and the compensation to allow the Contractor to make such adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility.

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If Contractor acts without instructions from the District, then it shall be liable for any or all damage to such utilities or other work of the Contract which arises from its operations subsequent to the discovery, and it shall repair and make good such damage at its own cost. Contractor shall maintain in safe, continuous operation and service all underground, surface and overhead utilities and any other surface or subsurface structures of any nature which exist along the line of the work or may be affected by the work. Utilities include, but are not limited to: gas and water transmission and distribution pipelines and services; sewers, sewer laterals and house connections; storm drains and drainage structures; electrical and telephone cables, cable ducts and services; CATV cables and services; street lighting cables; overhead power and telephone wires, utility poles and guy wires. Except as required pursuant to Government Code Section 4215, Contractor is responsible for the protection of and for any damage to any such utility during the prosecution of the work. Any damage to a utility shall be repaired to the satisfaction of the organization owning the facility (utility owner). District reserves the right, if so requested or required by the utility owner, to allow said utility owner to repair such damage, and all expenses of whatever nature arising from such damage may be deducted from any monies due or to become due Contractor under the Contract. Should the expense from the damage exceed amounts due the Contractor, the Contractor and its surety or sureties agree to pay the District the excess.

33. Unforeseen Conditions As required by California Public Contract Code, Section 7104: A. The Contractor shall promptly, and before the following conditions are disturbed, notify the District, in

writing, of any: 1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the

Health and Safety Code, is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of the existing law.

2) Subsurface or latent physical conditions at the site differing from those indicated.

3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the nature of the work, provided for in the Contract.

B. The District shall promptly investigate the conditions, and if it finds that the conditions do materially

so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a work modification order under the procedures described in the Contract.

C. In the event that a dispute arises between the District and the Contractor whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

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34. Third Party Claims A. Pursuant to Public Contracting Code Section 9201 the District shall have full authority to comprise or

otherwise settle any claim relating to the Contract at any time.

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

C. District shall be entitled to recover its reasonable costs incurred in providing the notification required, as referenced in item B.

35. Examination and Audit of Records

Pursuant to Government Code Section 8546.7, Contractor shall retain all project-related records for a period of three (3) years after final payment on this contract, with shall be subject to audit or inspection by the District or the State Auditor during this period.

36. Payment Bond

For work costing in excess of $25,000, the “Payment Bond for Public Works” required by the California Civil Code, Sections 9550 through 9566, inclusive, shall inure to the benefit of the persons and agencies described in the California Civil Code Section 9554(b), and the persons described in California Civil Code Section 9100. The amount of this bond shall be 100 percent (100%) of the amount of the award as stated in the District’s Notice of Award. This bond shall be maintained in full force and effect until each and every one of the covenants and conditions of the Contract Documents are completed. A payment bond is not required if the contract amount is less than $25,000.

37. Resolution of Construction Claims In the event the District and Contractor cannot resolve claims of $375,000 or less, the claims provisions of California Public Contract Code Sections 20104-20104.6 shall apply, which provisions are summarized below. Any claim submitted by the Contractor shall be in writing and include the documents necessary to substantiate the claim. A. For claims of less than fifty thousand dollars ($50,000), the District shall respond in writing within

forty-five (45) days of receipt of the claim, or request additional documentation supporting the claim within 30 days of receipt of the claim. If additional documentation is requested, District will respond in writing to the claim within fifteen (15) days of receipt of the additional documentation, or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.

B. For claims of over $50,000 and less than or equal to $375,000, District shall respond in writing within sixty (60) days of receipt of the claim, or request additional documentation supporting the claim within 30 days of receipt of the claim. If additional documentation is requested, District will respond in writing to the claim within 30 days of receipt of the additional documentation, or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.

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C. For claims over $375,000 District shall respond in writing within 90 days of receipt of the claim, or request additional documentation supporting the claim within forty-five (45) days of receipt of the claim. If additional documentation is requested, District will respond in writing to the claim within 30 days of the additional documentation, or within a period of time no greater than that taken by the claimant in providing the additional information, whichever is greater.

D. For claims of any amount, if the Contractor disputes the District's response, or the District fails to respond within the time prescribed, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute within fifteen (15) days of the District's response or failure to respond. In the event that the meet and confer conference is unsuccessful, contactor must file a government claim pursuant to Government code Section 910 et seq. in order to initiate a civil action. In any civil action filed to resolve claims for $375,000 or less, the court shall submit the matter to non-binding mediation within 60 days following the filing or responsive pleading. If the matter remains in dispute after non-binding mediation, the court shall submit the matter to judicial arbitration pursuant to Code of Civil Procedure Section 1141.10 et seq. If the matter remains in dispute after judicial arbitration the District or the Contractor may request a trial de novo.

38. Prompt Payment to Prime Contractor

As required by CA Public Contract Code, Section 20104.50: A. Should the District fail to make any payment within 30 days after receipt of an undisputed and properly

submitted payment request from the Contractor, then the District will pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.

B. Upon receipt of a payment request, the District will act in accordance with both of the following:

1) Each payment request will be reviewed by the District as soon as practicable after receipt for the

purpose of determining that the payment request is a proper payment request.

2) Any payment request determined not to be a proper payment request suitable for payment will be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this Section will be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

C. The number of days available to the District to make a payment without incurring interest pursuant to this article shall be reduced by the number of days by which the District exceeds the seven (7) day return requirement set forth above.

D. For purposes of this Section: 1) A "progress payment" includes all payments due the Contractor, except that portion of the final

payment designated by the Contract as retention earnings.

2) A payment request shall be considered properly executed if funds are available for payment of the request, and payment is not delayed due to an audit inquiry by the financial officer of the District.

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39. Prompt Payment to Subcontractors A. The Contactor shall pay any subcontractors for work that has been satisfactorily performed no later than

seven (7) days from the date of Contractor's receipt of payments by the District. The District may require Contractor to provide documentation satisfactory to the District of Contractor's compliance with this requirement as a condition of final payment and release of contract retention.

B. Within seven (7) days of receipt of retention by the original Contractor, Contractor shall release any

applicable retention payments withheld to the subcontractor. C. In the event Contractor does not make progress payments or release retention to the subcontractors in

accordance with the time periods in this section, Contractor may be subject to a charge of two percent (2%) per month on the untimely or improperly withheld payment.

40. Designation of subcontractors

In accordance with California Public Contract Code Sections 4100 through 4114 the Contractor shall designate (list) the name, address and Department of Industrial Relations (DIR) registration number, of the subcontractors it plans to use if awarded the contract. If the value of a subcontract is less than one half of one percent (0.5%) of the total amount set forth in the Quotation Schedule or the subcontract work will not be performed on or about the site of the work, designating that subcontract is not required.

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QUALIFICATION FORM

This Statement is to accompany the quote submitted in response to Request for Quotation No. 16/17 – 01 for the provision of interior wall construction services. I certify that the following information submitted is true and correct:

The company is licensed as required and has supplied products similar in scope and size for a minimum of five (5) years.

1. CONTRACTOR NAME: ___________________________________________

2. BUSINESS ADDRESS: ___________________________________________ ___________________________________________

3. TELEPHONE NO.: ___________________________________________

4. EMAIL: ___________________________________________

5. OFFICIAL REP. & TITLE: ___________________________________________

6. SIGNATURE: ___________________________________________

7. DATE: ___________________________________________

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QUOTATION SCHEDULE

Please provide a fully loaded firm fixed price, which shall include labor, material, bond, tools, equipment, profit, vehicle, and fuel, insurance, taxes and any other costs or fees necessary to accomplish the Work specified in this Request for Quotations.

Line Item Description Lump Sum Cost

1. Construction of non-structural metal stud wall including insulation, sheetrock, texturing paint, doors and hardware. $________________._____

Prompt payment discounts of 15 days or more will be considered in the evaluation of this Request for Quotation. ________ % _____ days

Total Extended Lump Sum Cost $________________._____

Earliest Service Start Date ______/______/_____ DIR Registration No. _________________ License No. _________________

Contractor Name: __________________________ Contractor Initials: ____________

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SUBCONTRACTORS FORM The Contractor is required to furnish the following information in accordance with the provisions of Sections 4100 to 4114, inclusive of the Public Contract Code of the State of California.

Name Under Which Subcontractor Is Licensed

License Number

Address of Place of Business

Portion of Work To Be Done Under Subcontract

1. _____________

2. _____________

3. _____________

4. _____________

5. _____________

6. _____________

7. _____________

8. _____________

9. _____________

Do not list alternative subcontractors for the same work.

BY: Name: Title:

Contractor Name: __________________________ Contractor Initials: ____________

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REFERENCES

If Contractor has not done business with the District within the previous five (5) years, Contractor shall be required to provide three (3) 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 Contractor responsibility.

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

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

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

Contractor Name: __________________________ Contractor Initials: ____________

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PAYMENT BOND

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the Alameda County Water District ("District") has awarded to

_________________________________________ as Principal a contract dated the ____ day of _______________________ 20___, (the "Contract") for the work described as follows:

Preventive Maintenance Services and Repairs for Diesel Generators (IFB15/16-70)

AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of

claims of laborers, mechanics, material suppliers, and other persons as provided by law;

NOW, THEREFORE, we, the undersigned Principal and ______________________________ _______________________________________________________ as Surety, are held and firmly bound unto the District in the sum of _______________________________________________________ dollars ($ ), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by the District, or its subcontractors shall fail to pay any of the persons named in State of California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall become and be null and void.

This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. This bond is given to comply with Sections 9550 and 9554 of the Civil Code. The liability of the Principal and Surety

hereunder is governed by the provisions of the Civil Code, all acts amendatory thereof, and all other statutes referred to therein, including Sections 9550, 9554 and 8152 of the Civil Code.

Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to

the terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.

Surety's obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers,

mechanics, material suppliers, and other persons in connection with the Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the District's rights against the other. Contractor Name: __________________________ Contractor Initials: ____________

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NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the ___________________ of ___________________, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________[date], at ___________________[city], ___________________[state]. __________________________________ Signature of Bidder __________________________________ Title __________________________________ Date

Contractor Name: __________________________ Contractor Initials: ____________

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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

REQUEST FOR QUOTATIONS

APPENDIX A

SAMPLE AGREEMENT FOR SERVICES

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AGREEMENT FOR SERVICES (PUBLIC WORKS)

This AGREEMENT ("Agreement") is made, by and between the ALAMEDA COUNTY WATER DISTRICT, a public agency (“DISTRICT”) located at 43885 South Grimmer Boulevard, Fremont, CA 94538 and XXXXXXXXX (“CONTRACTOR”) located at XXXXXXXXX (“PARTIES”).

WHEREAS, the DISTRICT desires to obtain interior wall construction services (Services) and issued a Request for Quotation 16-17-01 “Interior Wall Construction Services” on XXXXXX, a copy of which is attached and incorporated as Attachment 1; and

WHEREAS, the CONTRACTOR is ready, willing and able to furnish such Services and has submitted a bid dated XXXXXX, a copy of which is attached and incorporated as Attachment 2.

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF WORK. The CONTRACTOR shall perform all the Work and furnish all the

labor, materials and equipment required to complete the construction of the wall as more particularly described in Attachment 1.

In the event of an inconsistency between this Agreement and any of the exhibits, this Agreement will govern over all the exhibits.

2. COMMENCEMENT OF SERVICES AND TIME OF COMPLETION. The

CONTRACTOR shall begin work within ten (10) calendar days, after the date of receipt of the District’s Notice to Proceed and in accordance with Part II, “Specifications / Scope of Service”, and complete the work in all respects within thirty (30) calendar days.

3. COMPENSATION. The CONTRACTOR shall faithfully perform the services required

under this Contract and shall be compensated at the fully loaded firm fixed price, as quoted by the Contractor on the Quotation Schedule and completed to the District’s satisfaction. Total compensation shall not exceed XXXXXX. The Total compensation shall include any and all costs for materials, labor, subcontractors, insurance, taxes, delivery, profit and any other element of expense or compensation arising out of the Work performed hereunder.

5. COMPONENT PARTS. The Contract shall consist of the following documents, all of which are incorporated herein and made a part hereof by reference hereto:

A. This Agreement B. Quotation Documents: General Description & Instructions to Contractors,

Specifications/Scope of Service & Terms and Conditions C. Quotation Forms (as accepted by District) D. Required Submittals: Contractor License, Certificate of Insurance, Proof of DIR

Registration & Payment Bond

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4. MANNER OF PAYMENT. Contractor shall submit invoices to District for all Work completed only after all the Work has been completed by the Contractor and accepted by the District. District shall render payment within thirty (30) days of receipt of an approved invoice

6. CHANGES. The District may, at any time, by written order, make changes within the scope of Work described in this Contract. If such changes cause an increase in the budgeted cost or the time required for the performance of the agreed upon Work, an equitable adjustment as mutually agreed upon shall be made in the compensation and/or schedule of performance. In the event that the Contractor encounters any unanticipated conditions or contingencies that may affect the scope of work and result in an adjustment in the amount of compensation or time required for performance of the Work, Contractor shall so advise the District immediately upon notice of such condition or contingency. The written notice shall explain the circumstances giving rise to the unforeseen condition or contingency and shall set forth the proposed adjustment in compensation and/or schedule resulting therefrom. Such notice shall be given to the District prior to the time that Contractor performs Work related to the proposed adjustment in compensation. Any and all pertinent changes shall be expressed in a written supplement to this Contract prior to implementation of such changes.

7. TERM AND TERMINATION. The term of the Agreement shall commence on upon issuance of a formal Notice to Proceed from the District and will be deemed complete upon final acceptance by the District.

8. INSPECTION OF SITE WORK. Contractor shall examine carefully the site of Work and

shall inform itself of the conditions relating to the execution of the Work. If the Contractor does not inspect the site, the Contractor is responsible for all site conditions had the Contractor performed a reasonable site inspection.

9. INSPECTION AND FINAL ACCEPTANCE. Upon notice from the Contractor that the Work has been completed, the District will make a final inspection and provide the Contractor with written notice of final acceptance if it is determined that the Work meets the Contract requirements, or District will provide the Contractor with instructions to promptly fix defective Work identified at Contractor’s sole expense.

10. GUARANTY OF SERVICES. CONTRACTOR warrants to the DISTRICT that all materials and equipment used under the Agreement will be of good quality, that the Services will be free from defects in material or workmanship, and that the Services will conform to the requirements of the Agreement. Services not conforming to the Agreement requirements may be considered defective. The requirements of this section relate only to the specific obligation to correct defective Services and nothing in this section shall be construed to establish a period of limitation with respect to other obligations of CONTRACTOR under the Agreement.

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11. CONDITIONS OF USE AND PRESERVATION OF PROPERTY. Contractor shall assume full responsibility for protection and safekeeping of the materials and equipment used and stored on the site. In the event that any stored items or activities of the Contractor interfere with the District’s operations, the Contractor shall move the items or modify the activities at its expense in accordance with District’s direction. Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities and adjacent property. Any injury to the property of the District or any other third party caused by Contractor’s operations shall be restored or replaced at Contractor’s expense.

12. PROVISIONS APPLICABLE TO PUBLIC WORKS CONTRACTS A. CLAIMS PROCEDURES. Claims up to $375,000 are subject to the provisions of

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

B. UTILITY RELOCATION. Pursuant to California Government Code Section 4215, if during the course of the Services the CONTRACTOR encounters utility installations which are not shown or indicated in the contract plans or in the specifications or which are found in a location substantially different from that shown, and such utilities are not reasonably apparent from visual examination of the services’ site, then it shall promptly notify the DISTRICT in writing.

Where necessary for the Services of the Agreement, the DISTRICT will amend the contract to adjust the scope of Services and the compensation to allow the CONTRACTOR to make such adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. If the CONTRACTOR fails to give the notice specified above and thereafter acts without instructions from the DISTRICT, then it shall be liable for any or all damage to such utilities or other Services of the Agreement which arises from its operations subsequent to the discovery, and it shall repair and make good such damage at its own cost.

C. USE OF SUBCONTRACTORS. CONTRACTOR shall not subcontract any Services to be performed by it under this Agreement without the prior written approval of the DISTRICT.

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CONTRACTOR shall be solely responsible for reimbursing any subcontractors and DISTRICT shall have no obligation to them. Attention is directed to the requirements of Sections 4100 to 4113, inclusive, of the California Public Agreement Code which are applicable to this Agreement. Each CONTRACTOR shall list the name and business address of each subcontractor to whom the CONTRACTOR proposes to subcontract a portion of the Services in an amount in excess of one-half of one percent (.5%) of the Total Agreement Price, along with a description of the portion of the Services which shall be done by each subcontractor, by executing the “Subcontractors Form” form attached to the Request for Quotations 16/17-01.

D. CONTRACTOR’S LICENSE REQUIREMENTS. During the entire term of this Agreement 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 Services set forth in this Agreement.

E. DIR REGISTRATION. No contractor or subcontractor may be awarded a contract for public Services 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.

F. LABOR CODE REQUIREMENTS. In the performance of this Agreement,

CONTRACTOR’s attention is directed to the following requirements of the Labor Code:

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 Agreement 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. Services 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.

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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 Services or craft in which such worker is employed for any Services 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 Services to be done from the Director of the Department of Industrial Relations. Copies of the prevailing wage rates are on file at the DISTRICT and are available for review upon request.

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.

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(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.

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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 Agreement.

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.

G. EXCAVATION. In accordance with state law (Public Agreement Code Section 7104), with respect to any Services involving digging trenches or excavations that extend deeper than four feet, the CONTRACTOR shall notify the DISTRICT promptly in writing of any of the following conditions: (a) material that the CONTRACTOR believes may be hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law; (b) subsurface or latent physical conditions at the site differing from those indicated; (c) unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement Documents. CONTRACTOR shall notify the DISTRICT of such conditions prior to disturbing them, and shall await direction from the DISTRICT as to how to proceed.

H. TRENCH SAFETY. For all contracts over $25,000, excavation for any trench 5 feet or more in depth shall not begin until the CONTRACTOR has received approval from the DISTRICT of the CONTRACTOR’s detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall be submitted at least 5 days before the CONTRACTOR intends to begin excavation for the trench and shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation.

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No such plan shall allow the use of shoring, sloping or a protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety; and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Engineer in the State of California. Attention is directed to the provisions of Section 6705 of the Labor Code concerning trench excavation safety plans.

I. PAYMENT BOND. For all contracts over $25,000, the CONTRACTOR shall provide a payment bond in the amount of XXXXXXXX ($XXXX) which is 100% of the Total Contract Price, and issued by a California admitted surety. The payment bond shall provide the District with security for CONTRACTOR’s full payment to all subcontractors for costs of materials, equipment, supplies, and labor furnished in the course of the performance of the Contract. The Payment Bond form, attached to the Request for Quotations 16/17-01, must be used.

J. ANTI-TRUST CLAIM ASSIGNMENT. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgement by the parties.

K. THIRD-PARTY CLAIMS.

1) Pursuant to Public Agreements Code Section 9201, the DISTRICT shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time.

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

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

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L. ASSIGNMENT OF CLAIMS. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the DISTRICT all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the DISTRICT tenders final payment to the CONTRACTOR, without further acknowledgement by the parties.

M. 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 Services of this Agreement.

N. PROHIBITION AGAINST CONTRACTING WITH DEBARRED SUBCONTRACTORS. CONTRACTOR is prohibited from performing Services on a public works project with a subcontractor who is ineligible to perform Services on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

O. 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 Agreement, which shall be subject to audit or inspection by the DISTRICT or the State Auditor during this period.

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

Q. NOTICE OF TAXABLE POSSESSORY INTEREST. In accordance with Revenue and Taxation Code Section 107.6, the Agreement may create a possessory interest subject to personal property taxation for which CONTRACTOR will be responsible.

13. EXTENSIONS OF TIME. Granting of, or acceptance of, extensions of time to complete the performance by the CONTRACTOR will not constitute a release to CONTRACTOR or surety on CONTRACTOR’s Payment Bond from said guarantee, if applicable.

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14. WARRANTY OF TITLE. CONTRACTOR warrants to DISTRICT, its successors and assigns that the title to the materials, supplies or equipment covered by this Agreement, when delivered to DISTRICT or to its successors or assigns, is free from all liens and encumbrances.

15. RISK OF LOSS. All loss or damage arising from any unforeseen obstruction or difficulties, either natural or artificial, which may be encountered in the execution of the Services, or the furnishing of the supplies or equipment, or from any action of the elements prior to final written acceptance of the Services, or of the supplies or equipment, or from any act or omission not authorized by the Agreement on the part of the CONTRACTOR or any agent or person employed by it, shall be sustained and borne solely by the CONTRACTOR.

16. ENVIRONMENTAL AND SAFETY AND HEALTH STANDARDS. CONTRACTOR shall comply with applicable environmental statutes, regulations and guidelines in performing the Services under this Agreement. CONTRACTOR shall also comply with applicable Occupational Safety and Health standards, regulations and guidelines in performing the Services under this Agreement.

17. COMPLIANCE WITH ALL APPLICABLE LAWS. CONTRACTOR shall comply with all the applicable requirements of federal, state and local laws, statutes and ordinances relative to the execution of the Services. In the event CONTRACTOR fails to comply with these requirements, the DISTRICT may stop any Services until such noncompliance is remedied. No part of the time lost due to any such cessation of the Services shall be made the subject of a claim for an extension of time or increase in the compensation. In addition, CONTRACTOR shall procure and maintain all permits as may be necessary to perform the Services set forth in this Agreement.

18. CONTRACTOR’S STATUS. Neither CONTRACTOR nor any party contracting with the CONTRACTOR shall be deemed an agent or employee of the DISTRICT. The CONTRACTOR is and shall be an independent contractor, and the legal relationship of any person performing services for CONTRACTOR shall be one solely between said parties.

19. ASSIGNMENT. CONTRACTOR shall not assign any of its rights nor transfer any of its obligations under this Agreement without the prior written consent of DISTRICT.

20. RECORDS. During the term of this Agreement, CONTRACTOR shall permit representatives of DISTRICT to have access to, examine and make copies, at DISTRICT’s expense, of its books, records and documents relating to this Agreement at all reasonable times.

21. DISTRICT WARRANTIES. The DISTRICT makes no warranties, representations, or agreements, either express or implied, beyond such as are explicitly stated herein.

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22. DISTRICT REPRESENTATIVE. Except when approval or other action is required to be given or taken by the Board of Directors of the DISTRICT, the General Manager of the DISTRICT, or such person or persons as the General Manager shall designate in writing from time to time, shall represent and act for the DISTRICT on the day to day activities under this Agreement. For strictly contractual matters relating to this Agreement, an authorized representative of the Procurement and Contracts Division, shall represent and act for the District.

23. 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: Procurement & Contracts Division; CC: Robert Marsheck, Facilities Engineering

Supervisor

If to the Contractor: XXXXXXXXXXXXX XXXXXXXXXXXXX XXXXXXXXXXXXX

ATTENTION: XXXXXXXXXXXXX

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.

24. 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.

25. 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.

/ / / / / /

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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

REQUEST FOR QUOTATIONS

APPENDIX B

OZONE GENERATION AREA WALL DESIGN DETAILS

N

””

ALAMEDA COUNTY WATER DISTRICT

WATER TREATMENT PLANT NO. 2

4835 East Cactus Road, Suite 360

Phoenix, AZ 85254

Tel: (602) 281-7900

05/20/2016

A-1

OZONE GENERATION AREA WALL DESIGN

ABBREVIATIONS, SYMBOLS,

ARCHITECTURAL SHEET INDEX

AND LIFE SAFETY PLAN

F2 F2

Ozone Generation Area Wall Design Details Page 1 of 3 RFQ 16/17-01, Interior Wall Construction Services

N

PLAN

ALAMEDA COUNTY WATER DISTRICT

WATER TREATMENT PLANT NO. 2

4835 East Cactus Road, Suite 360

Phoenix, AZ 85254

Tel: (602) 281-7900

05/20/2016

A-2

OZONE GENARATION AREA WALL DESIGN

FLOOR PLAN AND ELEVATION

Ozone Generation Area Wall Design Details Page 2 of 3 RFQ 16/17-01, Interior Wall Construction Services

DETAIL A

DETAIL B

DETAIL CSECTION A SECTION B

ALAMEDA COUNTY WATER DISTRICT

WATER TREATMENT PLANT NO. 2

4835 East Cactus Road, Suite 360

Phoenix, AZ 85254

Tel: (602) 281-7900

05/20/2016

A-3

OZONE GENERATION AREA WALL DESIGN

WALL SECTION, DOOR SCHEDULE,

DOOR TYPES AND DETAILS

” ”

Ozone Generation Area Wall Design Details Page 3 of 3 RFQ 16/17-01, Interior Wall Construction Services