PWAV Site Characterization Drilling Program

The work to be performed under this Contract consists of furnishing all labor, equipment, materials, and forces necessary for the drilling, construction, development and testing of one (1) test well, designated TW-1, and one (1) monitoring well, designated MW-1, in support of the Palmdale Water District (PWD) Pure Water Antelope Valley (PWAV) project.  The primary goal of the PWAV project is to develop a drought-resilient water supply for the Antelope Valley area through replenishment of the groundwater basin by injection of treated wastewater.  The primary goal of the site characterization drilling program is to refine understanding of area aquifers from which an existing groundwater model can be validated and refined to confirm regulatory compliance.  Among other things, this proposed program will include installation and testing of a deep test well and hydraulically downgradient monitoring well to better characterize the subsurface lithology and geochemistry, estimate potential full-scale injection capacity, and estimate aquifer transport properties.

Background

The Palmdale Irrigation District was formed in 1918 under the provisions of Division 11 of the Water Code of the State of California to supply irrigation water to the approximately 4,500 acres of agricultural land within its boundaries. Under this Code, the District’s primary functions were, and continue to be, to acquire, control, conserve, store, and distribute water for the beneficial use of inhabitants and water users within the District.

The Palmdale Water District (District) is an independent special district governed by a five-member Board of Directors who serve the public by division. Special districts provide accountability and a means to vote selectively and provide customers the opportunity to express their preferences more precisely. The most basic virtue of a special district is to allow citizens to customize government to suit their needs.

Project Details

• Reference ID: 22-654B
• Department: Engineering
• Department Head: Shadi Bader (Engineering Manager)

Important Dates

• Questions Due: 2026-05-08T00:00:00.000Z
• Answers Posted By: 2026-05-15T00:00:00.000Z
• Pre-Proposal Meeting: 2026-04-23T18:00:00.000Z — 2029 East Avenue Q Palmdale, CA 93550

Evaluation Criteria

• SUBCONTRACTING —

  Subcontracts may be permitted to such extent as shall be shown to be necessary or definitely advantageous to the Contractor in the prosecution of the Work, in the sole discretion of the Owner. The Contractor shall not enter into any subcontract with a subcontractor which has been debarred by the Labor Commissioner pursuant to Sections 1777.1 and 1777.7 of the Labor Code, or which has not registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. In the event the Contractor subcontracts any part of this contract, the Contractor shall be as fully responsible to the Owner for the acts and omissions of each subcontractor and anyone either directly or indirectly employed by them as the Contractor is responsible to the Owner for the acts and omissions of their employees. Nothing contained in the Contract Documents shall create any contractual relationship between any subcontractor and the Owner. The Contractor shall include in every subcontract a provision incorporating the terms and conditions of the Contract Documents into the subcontract. All subcontracts must be in writing.

• CONTRACT DOCUMENTS —

  The Notice Inviting Bids, the Instructions to Bidders, the Proposal and Bid Schedule, all Sections of this solicitation, the Specifications and the Drawings, together with the Bonds and Agreement, constitute the contract. Anything shown in the drawings and not in the specifications, or in the specifications and not in the drawings, or neither in the specifications nor in the drawings but necessary to properly complete the structure in accordance with the law and governmental rules and regulations, shall be performed by the Contractor as though shown in both the drawings and the specifications. In the event of a conflict between one portion of the Contract Documents and another, the more particular shall prevail over the more general.

• WORK TO BE DONE —

  The work to be done consists of furnishing all transportation, labor, materials, tools, equipment, services, permits, utilities and all other items which are necessary or appurtenant to construct and complete the entire project and construct the project designated in the Contract Documents, in accordance with the plans and specifications and subject to the requirements of the Contract Documents, and to leave the site in a neat and presentable condition.

• FORM OF BID AND SIGNATURE —
  1. Bidders may view bids and download the necessary documents at the District's Online Procurement Portal found at OpenGov. Additionally, bidders shall submit proposals via the Online Procurement Portal.
  2. Each bidder shall state the unit price or the specific sums, as the case may be, for which they propose to supply the labor, materials, supplies, or equipment, and perform the Work required by the Contract Documents. If the unit price and the total amount named by a bidder for any items are not in agreement, the unit price times the estimated quantity will be considered as representing the bidder's intention and the totals will be corrected to conform thereto.
  3. If the Proposal is made by an individual, it shall be signed and his or her full name and his or her address shall be given; if it is made by a partnership firm, it shall be signed with the partnership name by a partner of the firm, who shall also sign his or her own name, and the name and address of each partner shall be given; and if it is made by a corporation, the Proposal shall be signed on behalf of the corporation by its duly authorized officer or officers and attested by the corporate seal.
• Sample Agreement —

  Please see Attachments for the Agreement Sample.

• PAYMENT FOR CHANGES IN THE WORK —

  Changes in, additions to, or deductions from the Work, including increases or decreases in the quantity of any item or portion of the Work, shall be set forth in a written change order executed by the Owner which shall specify:

  • The changes, additions, and deductions to be made.
  • The increase or decrease in compensation due the Contractor, if any.
  • Adjustment in the time of completion, if any.

  Adjustment in the compensation due Contractor shall be determined by one or more of the following methods in the order of precedence listed below:

  1. Unit prices contained in the contract.
  2. Mutually agreeable lump-sum or unit prices. If requested by the Owner's Representative, the Contractor shall furnish an itemized breakdown of the quantities and prices used in computing proposed lump-sum and unit prices.
  3. Where an adjustment in compensation due the Contractor has not been determined, but a written change order has been issued by the Owner, the Contractor shall promptly proceed with the work involved. In such case, the Contractor shall be compensated for furnishing labor, materials, tools, and equipment on a cost-plus basis, as follows:
     1. Cost of labor plus fifteen percent (15%) for workers directly engaged in the performance of the work. Cost of labor shall include actual wages paid including employer payments to or on behalf of the workers for health and welfare, pension, vacation, and similar purposes plus payments imposed on payroll amounts by state and federal laws plus subsistence and travel allowance payments to workers.
     2. Cost of material plus fifteen percent (15%). Cost of material shall include sales tax, freight, and delivery charges. The Owner reserves the right to furnish such materials as it deems advisable and the Contractor shall not be paid the fifteen percent (15%) markup on such materials.
     3. For tools and equipment actually engaged in the performance of the work, rental rates plus fifteen percent (15%). The rental rates shall be those prevailing in the area where the Work is performed. No rental charge shall be made for the use of tools or equipment having a replacement value of five hundred dollars ($500.00) or less.
     4. Subcontractor invoices to the Contractor plus five percent (5%). Subcontractor invoices shall be based on the above-described cost of labor plus fifteen percent (15%) cost of material plus fifteen percent (15%), and tool and equipment rental rates plus fifteen percent (15%).
        
        No payment shall be made for any item not set forth above, including without limitation, Contractor's overhead, general administrative expense, super-vision, or damages claimed for delay in prosecuting the remainder of the Work.

  For cost-plus work, the Contractor shall submit to the Owner's Representative for verification daily work sheets showing an itemized breakdown of labor, materials, tools, and equipment used in performing the work, including the name and number of each worker employed thereon, the number of hours employed thereon, the character of work each worker is doing, and the wages paid or to be paid each worker. In the case of tool and equipment rentals, the Contractor shall be compensated at the rate applicable to that type or article of tool or equipment reasonably necessary to perform the work contemplated by the change order, as determined by and in the sole discretion of the Owner's Representative. receipt of the Contractor's daily work sheets by the Owner's Representative shall not be deemed an admission of the Contractor's right to be compensated for the labor, materials, tools and equipment set forth therein, but is merely an acknowledgment that the workers, materials, tools and equipment specified in the report were in fact employed or used in the prosecution of the Work by the Contractor on the date indicated in the report.

  If requested by the Owner, the Contractor shall produce any books, vouchers, memoranda, or other records which will enable the Owner to determine the true, necessary cost of work and materials to be paid for. In no case of cost-plus work ordered by Owner shall additional payment be made to the Contractor due to overtime or holiday wages paid by them in connection with such cost-plus work unless specifically ordered and agreed to in writing by the Owner, and then only to the extent extra payment is regularly being made up by the Contractor for overtime or holiday work of a similar nature in the same locality. No payment will be made for work not verified by the Owner's Representative.

  Any disputes regarding payment for changes in the Work or for extra work, or regarding extensions of time, shall proceed in accordance with the procedures set forth in section titled "General Provisions", subsection entitled CLAIMS.

• GENERAL —

  The Contractor shall not commence or continue to perform any work unless the Contractor, at their own expense, has in full force and effect all required insurance. The Contractor shall not permit any subcontractor to perform work on this project unless the Workers' Compensation Insurance requirements have been complied with by such subcontractor.

  The types of insurance the Contractor shall obtain and maintain are Workers' Compensation Insurance, Liability Insurance, and Builders' Risk Insurance.

  Workers' Compensation Insurance and Liability Insurance shall be maintained in effect for the full guarantee period.

  Insurers must be authorized to do business and have an agent for service of process in California and have a "A-" policyholder's rating and a Financial Size Category rating of at least VII in accordance with the most current Best's Rating, unless otherwise approved by the Owner.

  As evidence of specified insurance coverage, the Contractor shall provide certificates of insurance and endorsements on forms approved by the Owner.

  Any deductible or self-insured retention must be declared to and approved by the Owner. At the option of the Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Owner, the Engineer, the Owner's Representative and each of their directors, officers, employees, agents and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

  Upon demand by the Owner, the Contractor shall deliver all policies of insurance and the receipts for payment of premiums thereon. Should the Contractor neglect to maintain in force insurance required under the Contract Documents, then it shall be lawful for the Owner to obtain and maintain such insurance, and the Contractor hereby appoints the Owner as its true and lawful attorney-in-fact to do all things necessary for this purpose. Should the Owner make such payments on behalf of the Contractor, any monies so paid shall be charged to the Contractor and shall be deducted such from any payments due the Contractor under the Contract Documents.

• DEFINITIONS —

  Whenever used in the Contract Documents, the following terms shall be interpreted as follows:

  ACCEPTANCE, FINAL ACCEPTANCE. The formal action by the Owner accepting the work as being complete.

  ACCEPTED BID. The bid (proposal) accepted by the Owner.

  ADDENDUM. Written or graphic instrument issued prior to the opening of bids which clarifies, corrects, or changes the bidding or Contract Documents.

  BID (PROPOSAL). The set of documents submitted by a bidder on the forms provided as part of the Contract Documents, setting forth the amount for which the bidder is willing to perform the work contemplated under the Contract Documents, and including a price breakdown by contract item as shown on the Bid Schedule. The terms "Bid" or "Proposal" are used interchangeably throughout the Contract Documents, and each shall carry the same meaning.

  BIDDER. Any individual, partnership, corporation, joint venture, or other combination thereof submitting a proposal for the work contemplated, acting directly or through an authorized representative.

  CLAIM. A separate demand by the Contractor for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the Owner.

  CONTRACT. The written agreement executed between the Owner and the Contractor covering the performance of the work.

  CONTRACTOR. The individual, partnership, corporation, joint venture, or other combination thereof that has entered into the contract with the Owner for the performance of the work. The term "Contractor" means the Contractor or his authorized representative.

  CONTRACT DOCUMENTS. The Contract Documents set forth in the section titled "Notice Inviting Bids", subsection entitled CONTRACT DOCUMENTS; also any and all supplemental agreements amending or extending the work contemplated, including contract change orders.

  DAYS. Unless otherwise specified, days shall mean consecutive calendar days.

  ENGINEER. The engineer identified as such in the Notice Inviting Bids and its subsidiaries. The term "Engineer" means the Engineer or his authorized representative.

  OWNER. The public entity identified as such in the Agreement. The term "Owner" means the Owner or its authorized representative.

  OWNER'S REPRESENTATIVE. The person or firm or employee of the Owner authorized by the Owner to represent it during the performance of the work by the Contractor. The Owner's Representative means the Owner's Representative or its assistants, and includes those identified as "inspector" by the Owner.

  PLANS, DRAWINGS. The plans (drawings), or reproductions thereof, which show the location, character, dimensions, and details of the work to be done.

  SPECIAL PROVISIONS. Additions, deletions, and changes to the Notice Inviting Bids, the Instructions to Bidders, and the General Provisions.

  SPECIFICATIONS. The directions, provisions, and requirements contained in the General Provisions and Special Provisions as supplemented by the Detailed Specifications and drawings.

  SUBCONTRACTOR. An individual, partnership, corporation, joint venture, or other combination thereof that has a contract with the Contractor to perform any of the work at the site. Subcontractor also means an individual, partnership, corporation, joint venture, or other combination thereof that has a contract with another subcontractor to perform any of the work at the site.

  UTILITY. Public or private fixed works for the transportation of fluids, gases, power, signals, or communications.

  WORK. Any and all obligations, duties, and responsibilities necessary to complete the construction assigned to, or undertaken by, the Contractor pursuant to the Contract Documents

• Community Workforce Agreement —

  Please see Attachments.

• BEGINNING AND COMPLETION OF WORK —

  The Contractor shall begin work within fifteen (15) days after the date set forth in the Notice to Proceed and shall complete all work under the contract within One hundred and sixty (160) days with the exception (if applicable) noted below after the date for commencement set forth in the Notice to Proceed.

  •  

• NOTICE IS HEREBY GIVEN —

  that sealed bids will be received by the Palmdale Water District (hereinafter "Owner"), for furnishing all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities, and all other items and facilities necessary therefore, as provided in the Contract Documents and Specifications for the construction of the Work described in the Summary Section of the Introduction, together with all appurtenances thereto, in strict accordance with the specifications and drawings on file at the office of Shadi Bader, Engineering Manager/Grant Writer (hereinafter "Engineer"), Palmdale Water District, 2029 East Avenue Q, Palmdale, CA 93550.

• AUTHORITY OF THE OWNER'S REPRESENTATIVE —

  The Owner's Representative shall decide any and all questions which may arise as to the interpretation of the plans and specifications and shall have authority to disapprove or reject materials and equipment furnished and work performed which, in its opinion, is not in accordance with the Contract Documents, and its decision shall be binding and conclusive.

• OBSERVING LAWS AND ORDINANCES —

  The Contractor shall keep fully informed of all existing and future laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work or the materials used in the Work or which in any way affect the conduct of the Work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the Work. If any discrepancy or inconsistency is discovered in the plans, specifications, or contract for the Work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall promptly report the same to the Owner's Representative in writing and cease operations on the affected portion of the Work until the Owner's Representative has given appropriate instructions as provided for in section titled "Quality of the Work", subsection entitled ERRORS OR DISCREPANCIES NOTED BY CONTRACTOR. No payment for changes in the Work will be made and no change in the time for completion by reason of such discrepancy or inconsistency will be made, unless the changes are covered by a written change order approved by the Owner in advance of the Contractor's proceeding with the changed Work.

  The Contractor shall at all times observe and comply with and shall cause their agents, employees, subcontractors, and suppliers to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees, and shall hold harmless, indemnify, and defend the Owner, the Engineer, the Owner's Representative, and their consultants, and each of their directors, officers, employees, agents and volunteers against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, by the Contractor, their employees, agents, subcontractors, or suppliers.

  In the event the Contractor, after seventy-two (72) hour written notice to comply, fails to comply with any law, ordinance, regulation, order or decree which in any way affects the conduct or prosecution of the Work, and the Owner takes reasonable steps to ensure compliance with such law, ordinance, regulation, order or decree, the costs and expenses incurred in effecting such compliance shall be paid by the Contractor. Should the Contractor fail to pay such costs and expenses, the Owner may deduct them from any amounts then due or that may become due to the Contractor. In the event such costs and expenses exceed the amounts deducted by the Owner, the Contractor shall pay the balance thereof immediately upon demand therefor by the Owner.

• LICENSE —

  No bid will be accepted from a bidder who is not licensed to conduct business in the state of California and licensed to perform the class of work defined by the Contract Documents, as specified in the Notice Inviting Bids. In the event between the time of bid and the award of the contract the successful bidder is no longer licensed in good standing to perform the class of work defined by the Contract Documents, that bidder's Bid Security shall be forfeited to the Owner as liquidated damages and the Contract shall be awarded to the next lowest responsible bidder. Should the Contractor's license status change or their license expire after construction of the work has begun, the Contractor shall immediately terminate all activity on the work, except that necessary to ensure the safety of persons or property. In such event, the Agreement shall be deemed terminated and the provisions of section titled "Legal Relations and Responsibilities", subsection entitled TERMINATION FOR BREACH, shall apply.

• SUPPLEMENTAL DRAWINGS —

  The plans may be supplemented by drawings as necessary to define the Work adequately. All drawings provided by the Owner constitute written instructions to the Contractor. If the Contractor believes that any supplemental drawings call for changes in the Work for which the contract amount or time for completion should be changed, the Contractor shall not proceed with the changes and shall within seven (7) days of the receipt of the supplemental drawings notify the Owner's Representative in writing of their estimate of the changes in the contract amount and time for completion they believe to be appropriate.

• CONTRACTOR'S CONSTRUCTION SCHEDULE AND COST BREAKDOWN —

  Within ten (10) days after execution of the contract, the Contractor shall deliver to the Owner's Representative a construction progress schedule and cost breakdown in bar chart form showing the proposed dates of commencement and completion and cost of each of the various parts of the Work and the anticipated amount of each monthly payment that will become due the Contractor in accordance therewith. The construction progress schedule shall specify the normal period during which work will be carried on each day, and whether any overtime, weekend or holiday work is anticipated.

• INTERPRETATION OF DRAWINGS AND SPECIFICATIONS —

  If any person or entity contemplating submission of a bid for the proposed Contract is in doubt as to the true meaning of any requirement of the Contract Documents, or finds discrepancies in or omissions from the Contract Documents, they shall submit to the Engineer a written request for interpretation or correction.Requests for interpretation shall be submitted in writing and must be received no later than Thursday, May 7, 2026. The person or entity making the request shall be responsible for its prompt delivery.Interpretations or corrections will be made only by written addenda issued by the Owner. Copies of each addendum will be furnished to all prospective bidders.The Owner may, at its discretion, extend the bid opening date when necessary to allow sufficient time for bidders to review addenda and incorporate the information into their bids.

• DATE OF OPENING BIDS —

  Bids will be uploaded via the District’s web-based bidding service on OpenGov until 5:00 pm on Friday, May 29, 2026 after which time, the District will download bids from the website and publish the bids on the OpenGov website. Bids shall be submitted to the online bid website as directed in the CONTRACT DOCUMENTS subsection herein the Notice Inviting Bids. Bids received after the deadline specified will not be accepted.

• TERMS —

  Wherever the terms "required", "permitted", "ordered", "designated", "prescribed", or terms of like import are used, it shall be understood that the requirements, permission, order designation, or prescription of the Owner's Representative is intended. Similarly, the terms "acceptable", "satisfactory", "or equal", or terms of like import shall mean acceptable to or satisfactory to the Owner's Representative, unless otherwise expressly stated. The word "provide" shall be understood to mean furnish and install.

• WORKERS' COMPENSATION INSURANCE —

  The Contractor and all subcontractors shall cover or insure under the applicable laws relating to workers' compensation insurance, all of their employees working on or about the area affected by the Work, regardless of whether such coverage or insurance is mandatory or merely elective under the law.

  Upon execution of the Agreement, the Contractor shall provide a certificate(s) of insurance certifying that they have obtained for the period of the contract full Workers' Compensation Insurance coverage for all persons employed directly by the Contractor or through subcontractors in carrying out the Work under the contract. At the same time, the Contractor shall provide the insurance endorsement(s) on the forms provided as a part of the Contract Documents. This insurance shall be in strict accordance with the requirements of the most current and applicable state Workers' Compensation Insurance laws. The Contractor shall defend, protect and save harmless the Owner, the Engineer and the Owner's Representative and each of their directors, officers, employees, agents and volunteers from and against all claims, suits and actions arising from any failure of the Contractor or any subcontractor to maintain such coverage or insurance.

• NO PAYMENT FOR TEMPORARY WORK —

  No direct payment will be made to the Contractor for providing transportation, light, power, tools, and equipment or for furnishing sanitary conveniences, disposal work, water supply, fire protection, guards, telephone system, and other temporary works, or for the removal of all temporary structures, plant and materials, or for medical attendance or health protection, or for watchmen, magazine keepers or guards, or for any other service, thing, or material, unless payment therefor has been provided in the Contract Documents or expressly authorized by the Owner. Compensation for all such services, facilities, things or materials necessary or required to execute the Work in accordance with the provisions of the contract shall be considered as having been included in the prices stipulated for the appropriate items.

• CHANGES IN THE WORK —

  The Owner may require changes in, additions to, or deductions from the Work, including complete termination thereof. Adjustment, if any, in the amounts to be paid to the Contractor by reason of any such change, addition, or deduction shall be determined as set forth in the section titled "Estimates and Payments" hereof.

  The Owner's Representative may order minor changes in the Work not involving an increase or decrease in the contract amount, not involving a change in the time for completion, and not inconsistent with the purposes for which the Work is being constructed. If the Contractor believes that any order for changes in the Work involves changes in the contract amount or time for completion, they shall not proceed with the minor changes so ordered and shall within seven days (7) of the receipt of such order notify the Owner's Representative in writing of their estimate of the changes in the contract amount and time for completion they believe to be appropriate.

  No payment for changes in the Work will be made and no change in the time for completion by reason of changes in the Work will be made, unless the changes are covered by a written change order approved by the Owner in advance of the Contractor's proceeding with the changed Work. Changes in the Work shall not constitute the basis for a claim for damages or anticipated profits due to an increase or diminution in work done.

  Any dispute between the Owner and the Contractor regarding payment for changes in the work or a change in the time for completion shall proceed in accordance with the procedures set forth herein the General Provisions subsection entitled CLAIMS.

• PERMITS AND LICENSES —

  The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work.

• PROPOSALS —

  Bids shall be made upon the bid form furnished by the Owner and a part of the Contract Documents. All items in the bid form should be filled in; erasures, interlineations, or other corrections shall be authenticated with the initials of a person signing the bid.

• PROGRESS PAYMENTS —

  The Contractor shall, on or before the tenth (10th) day of each calendar month after actual construction work is started, submit to the Owner's Representative a written estimate of the value of the work completed by the Contractor and of materials delivered on the ground at the site of the Work or stored subject to or under the control of the Owner prior to the first of the month in which the estimate is made. In reviewing such payment requests, the Owner's Representative may take into consideration, along with other facts and conditions deemed by them to be proper, the ratio of the difficulty or cost of the work done to the probable difficulty or cost of the work remaining to be done. The Owner shall retain five percent (5%) of such estimated value as part security for the fulfillment of the contract by the Contractor and shall within thirty (30) days of the date which the estimate is received pay to the Contractor the balance of such estimated value after deducting therefrom all previous payments and all sums to be kept or retained under the terms of the contract. All amounts so retained are withheld subject to the provisions of Public Contract Code Section 7107.

  Pursuant to Section 20104.50 of the Public Contract Code, should the Owner fail to make a progress payment within thirty days after receipt of the undisputed and properly submitted pay estimate from the Contractor, the Contractor is entitled to interest from the Owner at the then-prevailing legal rate.

  The payment request shall be reviewed by the Owner as soon as practicable after receipt for the purpose of determining that the payment request is proper. Any payment request determined not to be proper shall be returned to the Contractor not later than seven (7) days after receipt by the Owner's Representative. Such returned requests shall be accompanied by a written explanation of the reasons why the payment request is not proper.

  In the event a payment request is rejected, all or in part, beyond the seven-day (7) period after receipt, the number of days available to the Owner to make payment without incurring interest shall be reduced by the number of days by which the Owner exceeds the seven-day return requirement set forth above.

• ABBREVIATIONS —

  Wherever the following abbreviations are used, they shall have the meanings indicated:

  AASHTO American Association of State Highway and Transportation Officials

  ACI American Concrete Institute

  AGA American Gas Association

  AI The Asphalt Institute

  AIA American Institute of Architects

  AIEE American Institute of Electrical Engineers

  AISC American Institute of Steel Construction

  AISI American Iron & Steel Institute

  ANSI American National Standards Institute

  API American Petroleum Institute

  APWA American Public Works Association

  AREA American Railway Engineering Association

  ASA American Standards Association (Now ANSI)

  ASCE American Society of Civil Engineers

  ASHRAE American Society of Heating, Refrigerating, and Air Conditioning Engineers

  ASME American Society of Mechanical Engineers

  ASTM American Society for Testing and Materials

  AWS American Welding Society

  AWWA American Water Works Association

  CRSI Concrete Reinforcing Steel Institute

  IEEE Institute of Electrical and Electronics Engineers

  NBFU National Board of Fire Underwriters

  NEMA National Electrical Manufacturers Association

  PCA Portland Cement Association

  State Specification Standard Specifications, State of California, Dept. of Transportation, Division of Highways

  SSPC Steel Structures Painting Council

  UBC Uniform Building Code

  U/L or UL Underwriters' Laboratories, Inc.

• LOCATION OF THE WORK —

  The Work to be constructed hereunder is located on Approximately 700 feet north of E. Avenue Q between 25th Street E and 27th Street E, in the City of Palmdale, Los Angeles County, California, in Palmdale, California.

• INVENTIONS, PATENTS, AND COPYRIGHTS —

  The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product, or device which is the subject of patent rights or copyrights.

  The Contractor shall hold harmless, indemnify, and defend the Owner, the Engineer, the Owner's Representative, and their consultants, and each of their directors, officers, employees, and agents from and against all claims, damages, losses, expenses, and other costs, including costs of defense and attorneys' fees, arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, materials, equipment, product or device, and shall defend all such claims in connection with any alleged infringement of such rights.

• LIABILITY INSURANCE —

  The Contractor shall, at the time of execution of this Contract, file with the Owner a Certificate of Insurance, satisfactory to the Owner and evidencing liability insurance as required under the Contract Documents. The provisions required shall either be affirmatively shown on the certificate or evidenced by separate endorsement. Notwithstanding the foregoing, Owner's initial receipt or "acceptance" of certificates of insurance, or of policies of insurance, shall not obligate the Owner to review such certificates or policies for compliance with the Owner's insurance requirements in this article. Any failure of any Contractor-provided insurance to at least match the insurance requirements of this article, whether such failure is discovered before or after issuance of the Notice to Proceed, shall not be the basis on any legal theory whatsoever for any lessening whatsoever of Contractor's financial responsibilities under this Contract for risks described in this article.

  Nothing contained in the insurance requirements shall be construed as limiting the extent of the Contractor's responsibility for payment of greater damages resulting from the Contractor's operations under this Contract.

  Included in such insurance shall be contractual coverage sufficiently broad to insure the matters set forth in the section titled "Legal Relations and Responsibilities" subsection entitled INDEMNITY and in Paragraph 6 of the Agreement.

• TIME FOR COMPLETION AND FORFEITURE DUE TO DELAY —

  The Contractor shall begin and complete all or any designated portion of the Work called for under the contract within the time set forth in the Special Provisions. Time is of the essence in this contract.

  Failure of the Contractor to perform any covenant or condition contained in the Contract Documents within the time period specified shall constitute a material breach of this contract entitling the Owner to terminate the contract unless the Contractor applies for, and receives, an extension of time in accordance with the procedures set forth in this section and the following subsection entitled EXTENSION OF TIME.

  Failure of the Owner to insist upon the performance of any covenant or condition within the time period specified in the Contract Documents shall not constitute a waiver of the Contractor's duty to complete performance within the designated periods.

  The Owner's agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provisions contained in the Contract Documents. Failure of the Contractor to complete performance promptly within the additional time authorized in the waiver or extension of time agreement shall constitute a material breach of this contract entitling the Owner to terminate.

  In accordance with Government Code 53069.85, Contractor agrees to forfeit and pay Owner the amount per day set forth in the Special Provisions for each and every day of delay which shall be deducted from any payments due or to become due the Contractor.

  The Contractor shall not be deemed in breach of this contract and no forfeiture due to delay shall be made because of any delays in the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor provided the Contractor requests an extension of time in accordance with the procedures set forth in this section and in the following subsection entitled EXTENSION OF TIME. Delays caused by actions or neglect of Contractor or its agents, servants, employees, officers, subcontractors, directors, or of any party contracting to perform part or all of the Work or to supply any equipment or materials shall not be excusable delays. Excusable delays (those beyond Contractor's control) shall not entitle the Contractor to any additional compensation. The Contractor's sole remedy shall be to request an extension of time.

• TIME PERIOD DURING WHICH BIDS REMAIN VALID —

  All bids shall remain valid for a period of forty-five (45) days after the date specified in the Notice Inviting Bids for the opening of bids by the Owner. After that period has expired, and in all events within sixty (60) days after the date set for opening bids, the Bid Security submitted with their Proposal will be returned to the unsuccessful bidders.

• CONFORMITY WITH THE CONTRACT DOCUMENTS AND ALLOWABLE DEVIATIONS —

  The Work shall conform to the lines, grades, dimensions, tolerances, and material and equipment requirements shown on the plans or set forth in the specifications. Although measurement, sampling, and testing may be considered evidence as to such conformity, the Owner's Representative shall be the sole judge as to whether the work or materials deviate from the plans and specifications, and its decision as to any allowable deviations therefrom shall be final.

  If specific lines, grades, and dimensions are not shown on plans, those furnished by the Owner's Representative shall govern.

• EXTRA WORK —

  The Owner may determine, in the Owner's sole discretion, that it is necessary or desirable for the proper completion of the contract to order work done or materials or equipment furnished which in the opinion of the Owner are not susceptible of classification under the unit-price items named in the Bid Schedule, and are not included in any item for which a lump sum is bid. The Contractor shall do and perform such work and furnish such materials and equipment. Such labor, materials, and/or equipment will be classed as extra work and shall be ordered in writing before such work is started. No extra work shall be paid for unless ordered in writing.

  Extra work and material will be paid for at a lump sum or unit price agreed on in writing by the Owner and the Contractor before the extra work shall be ordered.

  Performance of any extra work or the furnishing of any extra materials which in the judgment of the Owner is of like character to and susceptible of classification under the unit-price items of the contract shall, at Owner s discretion, be paid for at the unit price named for such work in the Bid Schedule.

  Whenever, in the Owner's sole discretion, such extra work or such extra material, is not of like character to and susceptible of classification under the unit-price items of the contract as specified, and it is impracticable to fix the price before the extra work order shall be issued, extra work and material, when furnished by the Contractor, shall be paid for at actual necessary cost of materials, supplies, labor, on a cost-plus basis, as provided in the section titled "Estimates and Payments" subsection entitled PAYMENT FOR CHANGES IN THE WORK, part B-1.

  Any extra work performed hereunder shall be subject to all of the provisions of the contract and the Contractor's sureties shall be bound with reference thereto as under the original contract.

  Any dispute regarding payment for extra work shall proceed in accordance with the procedures set forth herein in the General Provisions subsection entitled CLAIMS.

• PREPARATION OF THE PROPOSAL —

  Blank spaces in the Proposal and Bid Sheet(s) shall be properly filled. The wording of the Proposal must not be changed and no additions shall be made to the items mentioned therein. Unauthorized conditions, limitations, or provisos attached to a Proposal will render it informal or non-responsive and may cause its rejection. Alterations by erasure or interlineation must be noted and initialed by the bidder. Alternative Proposals will not be considered unless specifically requested.

  Any bidder may withdraw their Proposal before the hour fixed for opening bids by withdrawing the bid from the District's Online Procurement Portal. No Proposal may be withdrawn after the hour fixed for opening of bids without rendering the Bid Security subject to retention by Owner as liquidated damages, and not as a penalty. Unless otherwise stated herein, all bids shall be valid for a period of forty-five (45) days after the opening date, notwithstanding any award of the contract to another bidder.

  No Proposal received after the time named or at any place other than the place stated in the Notice Inviting Bids will be considered. All Proposals will be opened and declared publicly. Bidders, their representatives, and others interested are invited to be present at the opening. The Owner reserves the right to waive any informality in any Proposal, to reject any or all Proposals, to reject one part of a Proposal and accept the other, and to make award to the lowest responsible bidder as the interest of the Owner may require. Each bid shall identify the surety or sureties which have agreed to furnish the required bonds.

• CITATIONS —

  Whenever reference is made in the Contract Documents to specific statutes, regulations, orders or other cited materials, such reference shall be read to incorporate any subsequent statutes, regulations, orders or other cited materials which amend, modify or supersede such originally cited reference.

• ADDENDA —

  Addenda issued by the Owner before the time set for opening bids shall be included in the bid and shall be made a part of the contract. However, where any addendum to the Contract Documents includes a material change in, addition to or deletion from the bid specifications, as defined in Public Contract Code Section 4104.5, and that addendum is issued later than seventy-two (72) hours prior to the bid opening date, the bid opening date will be extended by at least seventy-two (72) hours. Notification of such extension of the bid opening date will be included in the addendum.

• OBSTRUCTIONS —

  The Contractor shall remove and dispose of all structures, debris, or other obstructions of any character necessary to accommodate the Work. Where such obstructions consist of improvements required by law, they shall be removed, maintained and permanently replaced by the Contractor at the Contractor's expense except as otherwise specifically provided in the Contract Documents.

• SAFETY AND PUBLIC CONVENIENCE —

  The Contractor shall conduct their operations so as to avoid injury or damage to any person or property, and to minimize any obstruction and inconvenience to the public. The Contractor shall comply with the requirements of the Contract Documents relating to safety measures applicable in particular operations or kinds of work. The Contractor shall have under construction no greater amount of Work than can be prosecuted properly with due regard to the rights and safety of the public and the workers.

  Convenient access to driveways, houses, and building along the line of Work shall be maintained and temporary crossings shall be provided and maintained in good condition. Not more than one crossing or intersecting street or road shall be closed at any one time.

  The Contractor shall provide and maintain such fences, barriers, directional signs, lights, and flagmen as are necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the construction work and to give directions to the public.

  In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the Work, and the Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to safety of the public and workers, including State of California, Division of Industrial Safety (Cal/OSHA) regulations. Safety precautions as applicable shall include, but not be limited to, adequate life protection and life saving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accident or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures.

  The names and telephone numbers of at least two medical doctors practicing in the vicinity and the telephone number of the local ambulance service shall be prominently displayed adjacent to telephones.

  The right of the Engineer or the Owner's Representative to conduct construction review or observation of the Contractor's performance will not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the site of the Work. However, in the event that the Owner determines that the Contractor has failed to ensure the safety of the public and the workers, or has failed to take reasonable steps to protect the workers and the public, the Owner may give the Contractor seventy-two (72) hours written notice to take appropriate action to ensure their safety. In the event the Contractor fails to comply, and the Owner takes such steps as are reasonably necessary to ensure the safety and protection of the public and the workers, the Contractor shall pay the cost and expenses incurred in taking such action. Should the Contractor fail to pay, the Owner may deduct the costs and expenses incurred in taking such action from any amounts then due or that may become due to the Contractor. In the event such costs and expenses exceed the amounts deducted by the Owner, the Contractor shall pay the balance thereof immediately upon demand therefor by the Owner.

• REGISTRATION OF CONTRACTORS —

  Before submitting bids, bidders must be licensed with Contractors State Licensing Board with the Department of Consumer Affairs and registered as a Public Works Contractor with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

  Contractors shall be licensed in accordance with the provisions of Division 3, Chapter 9, of the Business and Professions Code of the State of California, and shall provide proof of current licensing status as provided in the Proposal. The Contractor shall maintain the required license in good standing throughout the course of the Work.

• FINAL ESTIMATE AND PAYMENT —

  When the Work has been completed, the Owner's Representative will make a final estimate of the total amount of work done thereunder and the amount to be paid therefor under the terms of the contract. If the Owner finds the Work has been completed according to the contract, it shall accept the Work, shall file a notice of completion, and shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be retained under the provisions of the contract, including any right of offset the Owner may have against the Contractor under the terms of this or any other contract between the Owner and the Contractor. All prior progress estimates and payments shall be subject to correction in the final estimate and payment. The final payment, including all amounts retained from any progress payments, shall not be due and payable until the expiration of thirty-five (35) days from the date of filing a notice of completion of the Work by the Owner, but in all events shall be paid within sixty (60) days of completion of the Work, as defined in Section 7107 of the Public Contract Code.

  In the event of a dispute between the Owner and the Contractor over the amount due, the Owner may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount. In the event that retained funds are not paid within the time specified herein or are wrongfully withheld, as provided in Section 7107, the Owner shall be subject to a charge of two percent (2%) per month on the improperly withheld amount, in lieu of any interest otherwise due. In any action for collection of funds allegedly wrongfully withheld, the prevailing party shall be entitled to recover its attorney's fees and costs incurred in such action.

  It is mutually agreed between the parties to the contract that no certificate given or payment made under the contract shall be conclusive evidence of performance of the contract and no payment shall be construed to be an acceptance of any defective work or improper materials.

  The Contractor further agrees that the payment of the final amount due under the contract shall release the Owner, the Engineer, the Owner's Representative, and their consultants, and each of their directors, officers, employees, and agents from any and all claims or liability arising out of the contract.

• BUILDER'S RISK INSURANCE —

  The Contractor shall provide and maintain Builder's Risk Insurance covering all risks of direct physical loss, damage or destruction to the Work in the minimum amount of the dollar value of the Work contemplated under the Contract Documents, subject to adjustment by change order duly issued by the Owner, to insure against such losses until final acceptance of the Work by the Owner. Such insurance shall include explosion, collapse, underground excavation and removal of lateral support. The Owner shall be named as an additional insured on any such policy. The making of progress payments to the Contractor shall not in any way be construed as creating an insurable interest by or for the Owner or be construed as relieving the Contractor or its subcontractors of responsibility for loss from any direct physical loss, damage or destruction occurring prior to the final acceptance of the Work by the Owner.

  The insurer shall waive all rights of subrogation against the Owner. The Contractor shall provide the Owner with a certificate of insurance for Builder's Risk Insurance coverage and evidence of waiver of rights of subrogation against the Owner.

• MANUFACTURER'S INSTRUCTIONS —

  All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise specifically provided in the Contract Documents.

• CLASSIFICATION OF CONTRACTORS' LICENSES; REGISTRATION WITH DEPARTMENT OF INDUSTRIAL RELATIONS —

  Contractors submitting a proposal shall possess, at the time the contract is awarded, the following classes of contractor's license issued pursuant to Division 3, Chapter 9, of the Business and Professions Code of the State of California: “Class C-57”. The Contractor shall certify that the license(s) specified are the classification(s) required to perform the Work contemplated under the Contract Documents. Contractor shall provide Owner with their Contractor's license number and expiration date as provided in the Proposal and shall present satisfactory evidence that they are licensed in good standing.

  Contractors submitting proposals shall be registered with the Department of Industrial Relations, as provided in Labor Code Section 1725.5, and shall include evidence that they are so registered with their proposal.

• SUSPENSION OF WORK —

  The Work may be suspended in whole or in part when determined by the Owner's Representative or the Engineer that the suspension is necessary in the interests of the Owner. The Contractor shall comply immediately with any written order of the Owner, the Owner's Representative or the Engineer to suspend the Work. The Contractor shall be responsible for taking reasonable steps to protect the Work in progress, any materials and equipment on the site of the Work, and any materials delivered to the Contractor which are to be incorporated into the Work during the period of the suspension. Such suspension shall not form the basis of any claim by the Contractor against the Owner, except as provided in the following subsection entitled EXTENSION OF TIME.

• CONNECTION TO OTHER FACILITIES —

  Connections to other facilities, as may be shown on the drawings, shall be performed only when authorized by the Owner. The Contractor shall notify the Owner or Owner's representative five (5) days prior to the date that such connections are due to be performed. Dewatering the existing lines and operation of all valves shall be performed by the Owner.

  In the event that the pipelines to which connections are to be made are not existing at the time said connections are ready to be made, the Contractor shall install blind flanges until such time that said "existing" pipelines are installed and placed into service. No extra payment will be allowed for any delays resulting from the requirements of this Section.

• EXISTING CONDITIONS AND EXAMINATION OF CONTRACT DOCUMENTS —

  The bidder represents that they have carefully examined the Contract Documents, product specifications, conceptual plans, and the site where the Work is to be performed and that they have familiarized himself with all local conditions and federal, state and local laws, ordinances, rules, and regulations that may affect in any manner the performance of the Work. The bidder further represents that they have studied the latent physical conditions pertaining to the area affected by the Work as they deem necessary to complete the Work at their bid price, and that they have correlated the results of all such data with the requirements of the Contract Documents. The submittal of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the Work.

  The plans and specifications for the Work show subsurface conditions or otherwise hidden conditions as they are supposed or believed by the Engineer to exist; but it is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually existent. Except as otherwise specifically provided in the Contract Documents, the Owner, the Engineer, and their consultants shall not be liable for any loss sustained by the Contractor as a result of any variance of such conditions as shown on the plans and the actual conditions revealed during the progress of the Work or otherwise.

  The availability or use of information described in this Section is not to be construed in any way as a waiver of the provisions of the first paragraph in this Section and a bidder or Contractor is cautioned to make such independent investigations and examination as they deem necessary to satisfy themselves as to conditions to be encountered in the performance of the work.

  No information derived from such inspection of records of investigations or compilation thereof made by the Owner, the Engineer, or their consultants will in any way relieve the bidder or Contractor from any risk or from properly fulfilling the terms of the contract nor entitle the Contractor to any additional compensation.

• CONTRACTORS EXPERIENCE —

  Contractors shall submit, along with their proposal, an all-inclusive list of projects performed by the Contractor within the past thirty-six (36) month period. This list shall include the size of the project in dollars, the agency or client for whom the work was performed and the name and title of the agency or client contact person. The list must include at least five (5) jobs similar in size and scope to that contemplated herein. Failure to submit a complete list or to have that list include at least five (5) jobs similar in size and scope to that contemplated herein, will render a proposal informal or nonresponsive and may result in its rejection by Owner.

• LIQUIDATED DAMAGES FOR DELAYS —

  It will be impractical or extremely difficult to fix the actual damages that may result from any delays in completion of the work beyond the date agreed upon. It is therefore stipulated and agreed that if all the work included in the contract is not completed on or before the date of completion as provided in subsection entitled BEGINNING AND COMPLETION OF WORK of the Special Provisions section herein, or within such extensions of time as may be granted, the Contractor shall pay to the Owner in accordance with the provisions of the section titled "Prosecution and Progress", subsection TIME FOR COMPLETION AND FORFEITURE DUE TO DELAY, as agreed, fixed and liquidated damages for each calendar day's delay until said work is satisfactorily completed or until the Owner may reasonably procure the completion thereof by another contract, or complete the same itself, the sum of one thousand dollars ($1,000.00).

• EXTENSION OF TIME —

  The time specified for completion of all or any part of the Work may be extended only by a written change order executed by or on behalf of the Owner.

  Requests for an extension of time must be delivered to the Owner's Representative within ten (10) days of the occurrence which caused the delay. The request must be in writing and must state the cause of the delay, the date of the occurrence causing the delay, and the amount of additional time requested. Requests for extensions of time shall be supported by all evidence reasonably available or known to the Contractor. Requests for extensions of time which fail to include the specified information, or which are untimely may be rejected by Owner.

  Requests for a time extension due to weather or other conditions beyond the Contractor's control shall include daily reports describing such weather or conditions and specifying the work which, but for such weather or conditions, the Contractor would otherwise have performed.

  When the Contractor has submitted a request for an extension of time, the Owner will ascertain the facts and extent of the delay and extend the time for completing the Work if, in its judgment, the circumstances justify such an extension. Should the Contractor disagree with the Owner’s decision, the Contractor may appeal that decision to the governing body of the Owner, which shall review the basis for the decision of its staff and make appropriate findings regarding the Contractor's request for an extension of time. The findings of facts by the governing body of the Owner shall be final and conclusive.

  Any extension of time shall not release the sureties upon any bond required under the contract.

  Any further dispute regarding an extension of time shall proceed in accordance with the procedures set forth in the section titled "General Provisions" subsection CLAIMS, provided however, that the Contractor first has exhausted its remedies pursuant to the procedure set forth in this Section.

• RESPONSIBILITY FOR LOSS, DAMAGE, OR INJURIES —

  The Contractor shall be responsible for all claims, demands, or liability from any cause arising out of or resulting from or in connection with the performance of the Work, excepting only those as may be caused solely and exclusively by the fault or negligence of the Owner, the Engineer, the Owner's Representative, or their consultants, or their directors, officers, employees, and agents. Such responsibility shall extend to claims, demands, or liability for loss, damage, or injuries occurring after completion of the Work as well as during the progress of the Work.

• AWARD OF CONTRACT —

  The Owner reserves the right, after opening bids, to reject any or all bids, or to make award to the lowest responsible bidder and reject all other bids. Bids will be compared on the basis of the Engineer's estimate of the quantities of the several items of work as shown on the Bid Sheet(s). A good faith determination by the Owner as to whether a bid is responsive or whether a bidder is responsible shall be final, conclusive and binding, and shall not be the basis of a claim for lost profits or other damages by a bidder to whom the contract is not awarded. The Owner reserves the right to waive or seek correction of immaterial errors in a bid, in its sole discretion. The Owner’s determination that an error is immaterial shall be final, conclusive and binding on all bidders.

• OWNER'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF —

  In addition to the amount which the Owner may retain under subsection PROGRESS PAYMENTS or subsection FINAL ESTIMATE AND PAYMENT herein the Estimates and Payments, the Owner may withhold a sufficient amount or amounts from any payment otherwise due to the Contractor as in its judgment may be necessary to cover:

  • Payments which may be past due and payable for properly filed claims against the Contractor or any subcontractors for labor or materials furnished in or about the performance of the Work on the project under this contract.
  • Estimated or actual costs for correcting defective work not remedied.
  • Estimated or actual costs for performing any work required of the Contractor pursuant to the section titled "General Provisions" subsection entitled FINAL CLEANUP.
  • Estimated or actual costs of extraordinary or overtime inspection services provided by the Owner.
  • Costs incurred by the Owner for relocation of underground facilities which should have been borne by the Contractor under the Contract Documents.
  • Amounts claimed by the Owner as forfeiture due to delay or other offsets.
  • Any other amounts owing by Contractor to Owner.
  • Unpaid premiums for insurance required under the contract.

  The Owner may apply such withheld amount or amounts to the payment of such claims as the Owner in its sole discretion deems necessary or advisable. In so doing, the Owner shall be deemed the agent of the Contractor and any payments so made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The Owner will render to the Contractor a proper account of such funds disbursed on behalf of the Contractor.

• CONTRACTOR'S LIABILITY NOT LIMITED BY INSURANCE —

  Nothing contained in these insurance requirements is to be construed as limiting the liability of the Contractor or the Contractor's sureties.

• INTERPRETATION OF PLANS AND SPECIFICATIONS —

  Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials and workmanship. Drawings and specifications are intended to be fully complementary and to agree. The specification calling for the higher quality material or workmanship shall prevail. Materials or work described in words which so applied have a well known technical or trade meaning shall be deemed to refer to such recognized standards. In the event of any discrepancy between any drawings and the figures thereon, the figures shall be taken as correct. In the event of any doubt or question arising respecting the true meaning of the plans or specifications, the Contractor shall, within five (5) days of discovering such doubt or question, request clarification of the matter from the Owner's Representative, who shall respond within 14 days after receipt of the request. The decision of the Owner's Representative shall be final.

• UTILITIES —

  Prior to excavation, the Contractor shall contact the appropriate regional notification center, such as Underground Service Alert, as provided in Government Code Sections 4216 et. seq.

  In case it should be necessary to remove, relocate, protect, or temporarily maintain a utility because of interference with the Work, the work on such utility shall be performed and paid for as follows:

  When it is necessary to remove, relocate, protect, or temporarily maintain an existing main or trunkline utility facility not indicated in the plans and specifications with reasonable accuracy, the Owner will compensate the Contractor for the costs of locating, for the costs of repairing damage not due to the failure of the Contractor to exercise reasonable care, for the costs of removing, relocating, protecting, or temporarily maintaining such utility facilities, and for the costs for equipment on the project necessarily idled during such work. These costs, the work to be done by the Contractor in location, removing, relocating, protecting, or temporarily maintaining such utility facilities shall be covered by a written change order conforming to the provisions herein pertaining to changes in the Work. The Owner may make changes in the alignment and grade of the Work to obviate the necessity to remove, relocate, protect, or temporarily maintain such utility facilities or to reduce the costs of the work involved in removing, relocating, protecting, or temporarily maintaining such utility facilities. Changes in alignment and grade will be ordered in accordance with the provisions herein pertaining to changes in the Work.

  When it is necessary to remove, relocate, protect, or temporarily maintain a utility (other than [1] existing main or trunkline utility facilities not indicated in the plans and specifications with reasonable accuracy, or [2] existing service laterals or appurtenances when their presence cannot be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the Work) the cost of which is not required to be borne by the owner thereof, the Contractor shall bear all expenses incidental to the work on the utility or damage thereto. The work on the utility shall be done in a manner satisfactory to the owner thereof; it being understood that the owner of the utility has the option of doing such work with its own forces, or permitting the work to be done by the Contractor. No representations are made that the obligations to remove, relocate, protect, or temporarily maintain any utility and to pay the cost thereof is or is not required to be borne by the owner of such utility, and it shall be the responsibility of the Contractor to investigate to find out whether or not said cost is required to be borne by the owner of the utility.

• BREAKDOWN OF CONTRACT PRICE —

  For use in preparing estimates of completed work on which to base claims for partial payments, the Contractor shall prepare an itemized breakdown of the contract price indicating quantities and unit prices for the various elements of the work.

  The breakdown shall be a true representation of the contract price for work covered by the specifications and drawings and shall be subject to approval by the Owner. An unbalanced breakdown will not be acceptable.

  Values assigned to the price breakdown will be used only as a basis for partial payment and not as a basis for additions to or deductions from the contract price.

• LOCAL CONTRACTORS —

  Owner will assign a five percent (5%) contract bid reduction to a bidder which is a local contractor or vendor, as defined in the District's Rules and Regulation Appendix M - Bid Procurement and Change Order Policy for the purpose of determining the lowest responsible bidder.

  

   

• CONTRACTOR'S RESPONSIBILITY FOR THE WORK —

  Until the acceptance of the Work, the Contractor shall have the responsible charge and care of the Work and of the materials to be used therein (including materials for which partial payment has been made or materials which have been furnished by the Owner) and shall bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work.

  The Contractor shall rebuild, repair, restore, and make good all damage to any portion of the Work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, the Contractor shall at their expense provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage. The suspension of the Work or the granting of an extension of time from any cause whatever shall not relieve the Contractor of the responsibility for the Work and materials as herein specified.

  In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at their discretion to prevent such threatened loss or injury.

• LIST OF SUBCONTRACTORS FILED WITH BID —

  In accordance with the provisions of Sections 4100 through 4114, inclusive, of the Public Contract Code of the State of California, each Proposal shall include the name and business address of each proposed subcontractor who will perform work or labor or render service to the principal Contractor in an amount greater than one-half of one percent (0.5%) of the principal Contractor's bid, and shall state the portions of the work which will be done by each such subcontractor. Each subcontractor shall be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and shall provide satisfactory evidence that they are currently registered and qualified to perform public work. Any additional information required by the Owner regarding listed subcontractors may be provided by the bidder up to twenty-four (24) hours after the hour set for opening bids. The Contractor shall not enter into any subcontract with a subcontractor which has been debarred by the Labor Commissioner pursuant to Sections 1777.1 and 1777.7 of the Labor Code.

• COST STATEMENT —

  The Contractor shall furnish the Owner promptly, upon completion of the Work, all information necessary to determine the cost of the Work, including an itemized statement in a form satisfactory to the Owner of the actual cost of all labor, materials, rentals, repairs, compensation and other insurance, transportation of labor, equipment and materials, engineering or other special services, supervision, overhead, depreciation, and taxes properly chargeable against the Work, and any and all costs entering into the work performed. The Contractor shall permit the Owner to have access to original payrolls, vouchers, and other records to the extent required to verify the figures given in said statement, and the Contractor shall not be entitled to receive payment on account of the final estimate as hereinabove provided, unless and until the Contractor furnishes the Owner a satisfactory statement of the cost of the entire Work.

• PLANS AND SPECIFICATIONS FURNISHED BY THE OWNER —

  The Contractor shall keep one set of plans and specifications in good order available to the Owner's Representative at the site of the Work.

• ERRORS OR DISCREPANCIES NOTED BY CONTRACTOR —

  It is the duty of the Contractor to promptly notify the Owner's Representative in writing of any design, materials, or specified method that the Contractor believes may prove defective or insufficient. If the Contractor believes that a defect or insufficiency exists in design, materials, or specified method and fails to notify the Owner's Representative in writing of this belief within three (3) days of discovering the defect or insufficiency, the Contractor waives any right to assert that defect or insufficiency in design, materials, or specified method at any later date in any legal or equitable proceeding against the Owner, or in any subsequent arbitration or settlement conference between the Owner and the Contractor. The Owner's Representative, on receipt of any such notice, will promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor after they come to the belief that a defect or insufficiency exists in design, materials, or specified method which is directly or indirectly affected by such alleged defect or insufficiency in design, materials, or specified method will be at the Contractor's own risk and they shall bear all cost arising therefrom.

  If the Contractor, either before commencing work or in the course of the Work, finds any discrepancy between the specifications and the plans or between either of them and physical conditions at the site of the Work or finds any error or omission in any of the plans or in any survey, the Contractor shall promptly notify the Owner's Representative of such discrepancy, error, or omission. If the Contractor observes that any plans or specifications are at variance with any applicable law, ordinance regulation, order, or decree, they shall promptly notify the Owner's Representative in writing of such conflict. The Owner's Representative, on receipt of any such notice, will promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor after their discovery of such error, discrepancy, or conflict which is directly or indirectly affected by such error, discrepancy, or conflict will be at the Contractor's own risk and they shall bear all cost arising therefrom.

• USE OF COMPLETED PORTIONS —

  When the Work or any portion of it is sufficiently complete to be utilized or placed into service, the Owner shall have the right, upon written notification to the Contractor, to utilize such portions of the Work and to occupy portions and to return to normal business activities.

  Once the Owner has given notice and commenced utilization or operation of any part of the Work, the Contractor shall be relieved of the duty of maintaining the portions so utilized or placed into operation; provided, however, that nothing in this article shall be construed as relieving the Contractor of the full responsibility for completing the Work in its entirety, for making good defective work and materials, for protecting the Work from damage, and for being responsible for damage and for the Work as set forth in the General Provisions and other Contract Documents; nor shall such action by the Owner be deemed final acceptance, and such action shall not relieve the Contractor, their sureties, or insurers of the provisions of the section titled "Contractor's Insurance", and the section titled "Legal Relations and Responsibilities", subsection INDEMNITY.

• BIDDERS INTERESTED IN MORE THAN ONE BID —

  No person, firm, or corporation shall make, file, or be interested in more than one Proposal for the same work; provided, however, that a person, firm, or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices of materials to a bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders.

• SITE CONDITIONS —

  Each bidder shall carefully examine the drawings, read the specifications and the forms of the contract documents, and shall visit the site of the proposed Work so as to be fully informed as to all existing conditions and limitations that may affect the execution of work under the contract, including the location of underground facilities in the area, and shall include in the prices bid the cost of all incidentals and appurtenances. The failure or omission of any bidder to receive or examine any form, instrument, addendum, or other document, or their failure to visit and become acquainted with conditions at the construction site, shall in no respect relieve them from any obligation imposed by their bid or by the contract. The submittal of a bid shall be taken as prima facie evidence of compliance with all instructions contained herein.

  There will be a Mandatorypre bid meeting to be held at the District office at the date and time listed in the timeline. Bidders shall satisfy themselves by personal examination of the location of the proposed work and by such other means as they may choose as to actual conditions and requirements and as to the accuracy of the quantities stated in the Bidding Sheet(s). Information derived from the maps, plans, specifications, profiles, or drawings, or from the Engineer or its assistants, shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed by the Owner.

• CHARACTER OF WORKERS —

  None but skilled workers shall be employed where the Work requires special qualifications. When required in writing by the Owner, the Contractor or any subcontractor shall discharge any person who is, in the sole discretion of the Owner, incompetent, unfaithful, disorderly or otherwise unsatisfactory, and shall not again employ such discharged person on the Work except with the prior written consent of the Owner.

• PRESERVATION OF PROPERTY —

  The Contractor shall exercise due care to avoid injury to existing improvements or facilities, and utility facilities that are not to be removed.

  All facilities within or adjacent to the Work shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operation, they shall be replaced or restored at the Contractor's expense to a condition as good as when the Contractor entered upon the Work or as good as required by the plans and specifications if any such objects are a part of the work being performed.

• SUPERVISION AND SUPERINTENDENCE —

  The Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but the Contractor shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents except as otherwise provided herein the Quality of Work subsection entitled ERRORS OR DISCREPANCIES NOTED BY CONTRACTOR.

  The Contractor shall be responsible to see that the completed Work complies with the Contract Documents.

  The Contractor shall designate and keep on the Work at all times during its progress a competent superintendent, who shall not be replaced without written notice to the Owner's Representative. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. During periods when the Work is suspended, the Contractor shall make appropriate arrangements for any emergency work which may be required.

  Whenever the superintendent is not present on any particular part of the Work where the Owner's Representative may desire to inform the Contractor relative to interpretation of the plans and specifications or to disapproval or rejection of materials or work performed, the Owner's Representative may so inform the foreman or other worker in charge of the particular part of the Work in reference to which the information is given. Information so given shall be as binding as if given to the superintendent.

• FINAL CLEANUP —

  Upon completion and before making application for acceptance of the Work, the Contractor shall clean the site area occupied in connection with the Work of all rubbish, excess materials, temporary structures, and equipment, and all parts of the Work and site occupied shall be left in a neat and presentable condition. In the event the Contractor fails to clean up as specified herein, clean up may be performed by the Owner at the Contractor's expense.

• CONTRACT DRAWINGS —

  The location of the work and existing and new facilities and appurtenant works are shown on the conceptual drawings made a part of these specifications as listed herein.

  When deemed necessary by the Engineer, additional detailed drawings will be furnished the Contractor during the progress of the work.

  Please see Attachments for Drawings.

• PROTESTS —

  If the Contractor considers any work required by the Owner to be outside the requirements of the Contract Documents, or if the Contractor considers any record or ruling of the Owner, the Owner's Representative or any governmental inspector to be unfair, the Contractor shall immediately upon such work being demanded or such record or ruling being made, ask for written instructions or decision, and within ten (10) days after receipt thereof file a written protest with the Owner, setting forth each objection and the reasons therefor. The Contractor shall, whether or not a written protest will be filed, immediately upon receipt of written instructions or decision proceed without delay to perform the work or conform to the record or ruling. The Contractor hereby agrees that, unless a specific objection or protest has been made as provided herein, the Contractor waives all grounds for protests or objections to the records, rulings, instructions, or decisions of the Owner or the Owner's Representative, and further agrees that as to all matters not included in such objections or protests the records, instructions and decisions of the Owner or Owner's Representative shall be final and conclusive. Such protests shall proceed in accordance with the procedures set forth in the following subsection herein the General Provisions subsection entitled CLAIMS.

• DRAWINGS AND DATA REQUIRED TO BE SUBMITTED BY CONTRACTOR —

  A. General:

  The Engineer's review and approval of drawings and of data required to be submitted herein shall not relieve the Contractor from the full responsibility for the correctness of details and dimensions, and for compliance with the specifications. The Contractor shall assume all responsibility and risk for misfits due to any errors on the drawings.

  B. Fabricated Materials:

  • At a time sufficiently early to allow review as hereinafter specified and to accommodate the rate of construction progress required under the contract, the Contractor shall submit to the Engineer for review, complete shop, assembly and layout drawings of the fabricated materials to be furnished and installed under the contract.
  • Said drawings shall indicate type of material proposed to be used and shall be submitted prior to manufacture or fabrication of the respective articles.
  • The Engineer will, within 30 days, return each drawing to the Contractor with corrections indicated, which drawings shall be considered as the only drawings or prints used for fabrication. If in the opinion of the Engineer, a general revision of drawings is required to prove compliance with the specifications, the Contractor shall revise said drawings and resubmit them for review.

  C. Equipment:

  • Within fifteen (15) calendar days after executing the contract, the Contractor shall submit to the engineer for review complete sets of shop drawings and catalogue data on equipment to be furnished under the contract. The required drawings shall include complete outline and assembly drawings of the equipment, details of electrical connections, schematic control diagrams, foundation requirements and the location, size and length of any required anchor bolts, and shall clearly indicate clearance, casting and machining dimensional tolerances and quality of surface finishes.
  • The drawings submitted for review by the Contractor shall also disclose the details of construction including dimensions, the properties of all materials used, applicable ASTM, ANSI, AWWA or other recognized Standard Specifications, and the manufacturer's catalogue, serial or other reference numbers for all equipment to be furnished.
  • If the Engineer finds that the drawings submitted by the Contractor are in accord with acceptable practice and that they appear to meet the requirements of the specifications, the Engineer will return said drawings so noted within 30 days after their receipt. Otherwise, drawings will be returned to the Contractor within said 30 day period with a statement of the points wherein they have been found unsatisfactory, and the Contractor shall proceed at once to revise said drawings until they shall be found satisfactory by the Engineer.

  D. Revisions:

  • Revisions shown on said shop assembly or layout drawings, equipment drawings or catalogue data necessary to meet the requirements of the specifications shall not be the basis of claims for extra charges or an extension of time. The Contractor shall accept such revisions or submit other for the Engineer to review.
  • When delay is caused by the resubmission of details, the Contractor shall not be entitled to any damages or extensions of time on account of such delay. The required corrections noted by the Engineer shall be made on the tracings as soon as practicable and new prints submitted. As soon as practicable after acceptance by the engineer of any shop, assembly, or layout drawing, one clear legible transparent print on vellum of the tracing of said drawing shall be forwarded to the Engineer.
  • No fabrication or other work shall be performed in advance of the receipt of the final accepted drawings. The Contractor shall not deviate in any way from the design, details, or dimensions shown on said final drawings, without written consent of the Engineer.

  E. Instruction Manuals:

  • General: Prior to delivery of mechanical and electrical equipment, the Contractor shall furnish to the Engineer at least five (5) complete sets of installation, maintenance and operation data for all electrical and mechanical equipment furnished under this contract.
  • Extent of Data: Each set of data shall include, but shall not necessarily be limited to, descriptive brochures, installation, operation and maintenance manuals, standard operation manuals, special instructions and parts lists. Each manual, brochure, etc., shall relate directly and specifically to the applicable equipment and shall not be presentations of a general nature that will make it difficult to ascertain applicability of the data presented.
  • Equipment Covered: Mechanical and electrical equipment for which such data is to be furnished shall include, but is not necessarily limited to: Valves, air compressor, electrical switchboard and controls.
• EXCAVATION PLANS FOR WORKER PROTECTION REQUIRED BY LABOR CODE SECTION 6705 —

  No excavations are planned for this work.

• SHOP DRAWINGS —

  Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data which are prepared by the Contractor or any subcontractor, manufacturer, supplier, or distributor and which illustrate some portion of the Work.

  The Contractor shall review, mark as approved, and submit for review by the Owner's Representative, shop drawings as called for in the Special Provisions and Standard Specifications or requested by the Owner's Representative. Drawings shall be submitted to Owner's construction management software, CIPO with a list of the drawings submitted. Drawings shall show the name of the project, the name of the Contractor, and, if any, the names of suppliers, manufacturers, and subcontractors. Shop drawings shall be submitted with promptness and in orderly sequence so as to cause no delay in prosecution of the Work.

  Shop drawings shall be complete in all respects. If the shop drawings show any deviations from the requirements of the plans and specifications because of standard shop practices or other reasons, the deviations and the reasons therefor shall be separately set forth.

  Within 30 days after receipt of said drawings, the Owner's Representative will return the drawings to the Contractor with any comments noted thereon. If so noted by the Owner's Representative, the Contractor shall correct the drawings and resubmit them in the same manner as specified for the original submittal. The Contractor shall identify any revisions other than the corrections requested by the Owner's Representative on previous submittals.

  The review by the Owner's Representative is for the limited purpose of ensuring general conformity with the design concept of the project, and general compliance with the plans and specifications only.

  No portion of the Work requiring a shop drawing submittal shall be commenced until the submittal has been reviewed by the Owner's Representative and returned to the Contractor with a notation indicating that resubmittal is not required.

  If the Contractor believes that any shop drawing or communication relative thereto calls for changes in the Work for which the contract amount or time for completion should be changed, they shall not proceed with the changes in the Work so called for and shall promptly submit to the Owner's Representative a written estimate of the changes in the contract amount and time for completion the Contractor believes to be appropriate.

• ENFORCEMENT OF ORDER —

  The Contractor shall be responsible for maintaining good order at all locations where work is performed under this contract and to that end shall employ such watchmen or other persons as may be required. Unauthorized persons shall be excluded from any of the sites affected by the Work.

• LOWEST RESPONSIBLE BIDDER —

  In selecting the lowest responsible bidder, consideration will be given to the general competency of the bidder for the performance of the work covered by the bid. To receive favorable consideration, a bidder shall be required to present evidence that they or their associates are personally competent to manage the proposed undertaking and to carry it forward to a successful conclusion. Professional integrity and honesty shall be essential requirements. The Owner shall have absolute discretion as to the evaluation of past work performance of any bidder, and its decision relating thereto shall be deemed correct and shall be conclusive and binding.

• SITE CONDITIONS —

  Each bidder shall carefully examine the drawings, read the specifications and the forms of the contract documents, and shall visit the site of the proposed Work so as to be fully informed as to all existing conditions and limitations that may affect the execution of work under the contract, including the location of underground facilities in the area, and shall include in the prices bid the cost of all incidentals and appurtenances. The failure or omission of any bidder to receive or examine any form, instrument, addendum, or other document, or their failure to visit and become acquainted with conditions at the construction site, shall in no respect relieve them from any obligation imposed by their bid or by the contract. The submittal of a bid shall be taken as prima facie evidence of compliance with all instructions contained herein.

  There will be NO pre bid meeting. Bidders shall satisfy themselves by personal examination of the location of the proposed work and by such other means as they may choose as to actual conditions and requirements and as to the accuracy of the quantities stated in the Bidding Sheet(s). Information derived from the maps, plans, specifications, profiles, or drawings, or from the Engineer or its assistants, shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed by the Owner.

• BID SECURITY —

  Each bidder shall submit with their bid, bid security as either cash, an unconditional certified or cashier's check, or a bidder's bond with a responsible corporate surety, on the form attached to the proposal. For online bids, bidders must deliver cash, unconditional certified or cashier’s check to the District office. The Bid Security shall be in a sum not less than ten percent (10%) of the amount of the bid, and shall be made payable to or for the benefit of the Owner as a guarantee that the bidder will, if an award is made to them in accordance with the terms of their Proposal, promptly execute a contract in the required form, secure payment of worker's compensation, and furnish satisfactory Performance and Payment Bonds and proof of insurance coverage, and such other information as may be required of bidder.

  As part of the electronic response, Bidder must provide an image of the bid security.

  The bid security must also be received by mail or delivered in person within twenty-four (24) hours of bid response deadline time and date, Friday, May 29, 2026 at 5:00 pm. If the solicitation closes on a Thursday or Friday, bid security must be received by the next business day the District is open.

  -OR-

  Electronic Surety Submission

  Palmdale Water District has an account with Surety2000 which is an Electronic Surety Company that acts on behalf of the bidder to supply a valid bid bond. Surety2000 is a fee-based service that will allow the District to verify electronically submitted bonds at the time of the bid opening.

  How It Works:

  The surety agent communicates with the client while the Surety Company authorizes electronic power of attorney. The keys to Surety2000 are the "Authorization Code," electronic signatures, electronic control over powers of attorney, and the secure interaction and retention of data. In lieu of unreliable paper bonds, the surety agent will generate authorization codes through the system and provide these codes to the contractors/principals. Surety agents electronically sign these documents. The contractor/principal logs into the system to retrieve and electronically sign the bond through Surety 2000 or through its designated electronic bidding system with which Surety 2000 is integrated.

  Once signed, owner/obligees log onto the system to retrieve and file the executed surety bond. All electronic signatures are authenticated, secure and time-stamped. All surety companies are notified in real-time and view the executed bonds, virtually eliminating the possibility of fraud.

  To obtain more information about Surety2000 in order to use this program to submit a bid bond, please visit their site and see How It Works.

• QUALITY AND SAFETY OF MATERIALS AND EQUIPMENT —

  All equipment, materials, and supplies to be incorporated in the Work shall be new, unless otherwise specified. All equipment, materials, and supplies shall be produced in a good and workmanlike manner. When the quality of a material, process, or article is not specifically set forth in the plans and specifications, the best available quality of the material, process, or article shall be provided.

  Whenever any material, process, or article is indicated or specified by grade, patent or proprietary name, or by name of manufacturer, such specification is for the purpose of facilitating description of the materials, process, or articles desired and the Contractor may offer any material, process, or article which shall be substantially equal or better in every respect to that indicated or specified; provided, however, that if the material, process, or article offered by the Contractor is not, in the sole discretion of the Owner's Representative, equal or better in every respect to that specified, then the Contractor must furnish the material, process, or article specified or one that in the sole discretion of the Owner's Representative is the substantial equal or better in every respect. In the event that the Contractor-furnished material, process, or article is more expensive than that specified, or involves additional labor or other cost, such difference in cost shall be borne by the Contractor.

  In accordance with Section 3400 of the Public Contract Code, the Contractor shall submit data substantiating requests for substitution of "equal" items within thirty-five (35) days after award of the contract. This 35-day period of time is included in the number of days allowed for the completion of the Work.

  All materials, equipment, and supplies provided shall, without additional charge to Owner, fully conform with all applicable state and federal safety laws, rules, regulations, and orders, and it shall be Contractor's responsibility to provide only such materials, equipment, and supplies notwithstanding any omission in the Contract Documents therefore or that a particular material, equipment, or supply was specified.

• USE OF OWNER'S PROPERTY DURING CONSTRUCTION —

  Where necessary for the prosecution of the Work, and upon approval by the Owner, the Contractor may use property or facilities of the Owner for storage of equipment or materials, to fabricate materials to be incorporated into the Work, or for any other reason related to the prosecution of the Work.

  In the event the Contractor is afforded the use of the Owner's property as provided herein, the Contractor shall be responsible for ensuring that any materials or equipment stored thereon are kept safe from theft, vandalism, or damage due to any cause, and shall erect such temporary structures as are necessary to protect the material or equipment from damage, at the expense of the Contractor. The Contractor shall ensure that the insurance required under the Contract Documents includes coverage for the Contractor's use of the Owner's property in accordance with this Section.

• BID SECURITY BONDS —

  Palmdale Water District provides two options for submitting Bid Security Bonds.

  Paper Bid Security Bond:

  1. Each bid shall be under sealed cover and must be accompanied by cash, a certified or cashier's check, or by a corporate surety bond on the form furnished by the Owner (hereinafter "Bid Security"), as a guarantee that the bidder will, if awarded the contract in accordance with the terms of their bid, promptly secure worker's compensation insurance, liability insurance, and any other insurance required by the Contract Documents, execute a contract in the required form, and furnish satisfactory bonds for the faithful performance of the contract and for the payment of claims of all persons supplying labor and materials for the construction of the work. The Bid Security shall be in an amount not less than ten percent (10%) of the amount of the bid. The Faithful Performance Bond and Payment Bond shall each be not less than one hundred percent (100%) of the total amount of the bid price named in the contract.
  2. The Owner reserves the right to reject any bond if, in the opinion of the Owner, its Engineer or Attorney, the Surety's acknowledgement is not legally sufficient. All sureties utilized by bidders shall be an admitted surety insurance carrier in the State of California, shall comply with such other requirements as may be established by the state or its subdivisions, and shall furnish such reports as to their financial condition, from time to time, as may be requested by the Owner, including the Financial Statement of Bonding Company furnished with the bonds. The premiums for all said bonds shall be paid by the bidder. If any surety becomes unacceptable to Owner in the absolute judgment and discretion of Owner, then the bidder/contractor shall promptly furnish at its own expense such additional bonds as may be required by the Owner to protect the Owner's interests and the interests of persons supplying labor or materials in the prosecution of the Work contemplated by these Contract Documents.
  3. In the event of any conflict between the terms of the Contract Documents and the terms of the bonds, the terms of the Contract Documents shall control, and the bonds shall be deemed to be amended thereby. The Owner shall be entitled to exercise any and all rights granted by the Contract Documents in the event of default, without control by the surety, provided that Owner promptly notifies the surety at the time or before the exercise of such rights. The exercise by Owner of such rights shall not affect the liability of the surety under the bonds.
  4. The Bid Security of unsuccessful bidders shall be returned to the bidder within sixty (60) days of the time the award of contract is made.

  Electronic Bid Security Bond:

  The District has an account with an online Bid Security program called Surety2000. This is a fee-based program that bidders can use to obtain an electronically issued, verified and legal bid bond which can be used for bidding purposes. No bid bond can be created by the bonding agent on the site without the Surety being fully aware of that bond. Only agents appointed directly by the Surety can issue bid bonds on the site. If your company chooses to use Surety2000 to obtain the bid bond, please access Surety2000 via the website. Once an official bid bond is issued, enter the E-Bond Serial number in the Vendor Questionnaire section. This number will then be used at the bid opening to verify your company's bid bond.

  Please note that the District is not responsible for late submissions and no consideration will be made for bid security received after the date and time stipulated in theInstructions to Bidders even if you have electronically submitted your bid on time.

• EXCAVATION PLANS FOR WORKER PROTECTION REQUIRED BY LABOR CODE SECTION 6705 —

  If the total amount of the contract is in excess of $25,000, the Contractor shall submit to the Owner for acceptance, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. The plan shall be prepared by a registered civil or structural engineer who shall certify that the plan complies with all governmental regulations and orders, or that the registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the General Industry Safety Orders promulgated by the Department of Industrial Relations, Division of Industrial Safety, or by such other agency with responsibility therefor.

  A detailed shoring plan, as required in these specifications, showing the design of the shoring shall be based on subsurface conditions identified in these bid documents. Shoring plans shall be submitted for District approval prior to any excavation taking place. If the shoring plans are based on more favorable subsurface conditions than revealed by the investigations made by the owner or its consultants, the plan shall be rejected. Additionally, the shoring design shall not be accepted if the design is based on soils related design criteria that is less restrictive than the criteria set forth in the subsurface conditions report prepared by the owner for this project.

  The detailed plan showing the design of shoring, etc., shall include surcharge loads for nearby embankments and structures, for spoil banks, and for construction equipment and other construction loadings. The plan shall indicate for all trench conditions the minimum horizontal distances from the side of the trench at its top to the near side of the surcharge loads.

• MATERIALS —

  All materials and articles used for permanent installation in the work shall be new and shall conform to the respective specifications or brands hereinafter designated and in the specifications, the materials or articles shall conform to the best standard construction practice, as determined by the Engineer.

  All material and articles furnished shall be subject to rigid inspection and no materials or articles shall be used in the work until it has been inspected by the Engineer.

• CLAIMS —

  As provided in Public Contract Code Sections 20104, et seq., claims by the Contractor shall be in writing and include the documents necessary to substantiate the claim. Prior to submitting a claim under this Section, the Contractor shall comply with all applicable notification requirements under the Contract Documents. All claims must be filed with the Owner on or before the date of final payment.

  For claims of less than fifty thousand dollars ($50,000.00), the Owner 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 to the claims the Owner may have against the Contractor. The Owner's written response to the claim shall be submitted to the Contractor within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.

  For Claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the Owner 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 to the claim the Owner may have against the Contractor. The Owner's written response to the claim shall be submitted to the Contractor within thirty (30) days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or request documentation, whichever is greater.

  If the Contractor disputes the Owner's written response, or the Owner fails to respond within the time prescribed, the Contractor may so notify the Owner, in writing, either within fifteen (15) days of receipt of the Owner's response or within fifteen (15) days of the Owner's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the Owner shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. Except as provided in section titled "Estimates and Payments", subsections entitled PROGRESS PAYMENTS, FINAL ESTIMATE AND PAYMENT, and OWNER'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF, the Owner shall pay that portion of the claim which it has determined to be undisputed.

  If following the meet and confer conference the claim or any portion remains in dispute, the Contractor may file a claim pursuant to Government Code Sections 900 et seq. and a lawsuit on the claim may thereafter be filed in the appropriate state court. The court is to order non-binding mediation, unless waived by both parties within sixty (60) days following the filing of responsive pleadings. The parties are to select a mediator and the mediation must be commenced within thirty (30) days of the submittal. These time requirements may be extended upon a showing of good cause to the Court, or by stipulation of the parties.

  If the matter remains in dispute, the parties may agree to submit the matter to binding arbitration, on such terms as may be established by stipulation. Otherwise, the case shall be submitted to judicial (non-binding) arbitration pursuant to Code of Civil Procedure Section 1141.10 et seq. Fees and expenses shall be paid equally by the parties, unless the arbitrator finds good cause for a different division of fees and expenses. If either party objects to the arbitrator's award, the matter can then go to trial de novo in the trial court, subject to the usual rules of litigation.

  Should the party requesting trial de novo fail to obtain a more favorable result, in addition to the payment of costs and fees under the arbitration provision of the Code of Civil Procedure, such party shall pay to the other party the attorney's fees arising out of trial de novo.

• PERSONAL LIABILITY —

  No director, officer, employee, or agent of the Owner, the Engineer, the Owner's Representative, or their consultants shall be personally responsible for any liability arising under or by virtue of the contract.

• CONSTRUCTION STAKING SURVEY —

  This Section establishes a minimum standard of field survey specifications and procedures to properly control the project. The Contractor shall ensure that commonly accepted practices of survey methods and procedures are followed. Errors or damages resulting from the Contractor's survey shall be corrected or made whole at the expense of the Contractor. The Owner shall not be held liable for any additional expense. Any method conflicting with these survey specifications must be approved by the Engineer prior to its use.

  A California Registered Professional Surveyor, subcontracted to the Contractor shall perform all surveying, monumentation, staking and cross section for quantities pay item measurements. All personnel involved in measuring and recording survey data shall be directly employed by the Surveying Subcontractor and shall not be employed by the Contractor or any of the other Subcontractors for the duration of the project. Failure to adhere to this specification will result in non-payment for all Work affected by non-compliance.

  The Contractor shall notify the District twenty-four (24) hours in advance, prior to beginning work. All requests for information or determinations concerning the project shall be directed to the Engineer.

  Contractor shall conduct a preconstruction survey to establish the existing road centerline right-of-way limits, and gutter lip profiles as necessary to perform the work identified in the plans, specifications, and contract documents. Within five (5) working days prior to beginning construction staking, Contractor shall submit the survey field notes and a centerline profile plot in AutoCAD file format at the same scale as the drawing scale to the District. The District will have five (5) days to review the survey notes and profile drawings prior to the start of construction.

• LOCAL CONDITIONS —
  1. Bidders shall read the specifications, examine the drawings, and make their own estimates of the existing facilities and the difficulties which will attend the execution of the work called for by the proposed contract, including local conditions, uncertainty of weather, and all other contingencies. Bidders shall make such investigation and review such records and drawings as they deem necessary to satisfy themselves that they are familiar with the condition and location of existing underground facilities and other potential sources of interference with the work contemplated under the Contract Documents. By providing access to drawings or other records in its possession, the Owner makes no representations or guarantees as to the accuracy of such drawings or records.
  2. There will be a Mandatorypre bid meeting to be held at the District office at the date and time listed in the timeline. Bidders shall satisfy themselves by personal examination of the location of the proposed work and by such other means as they may choose as to actual conditions and requirements and as to the accuracy of the quantities stated in the Bidding Sheet(s). Information derived from the maps, plans, specifications, profiles, or drawings, or from the Engineer or its assistants, shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed by the Owner.
  3. The quantities of work or material stated in the unit-price items of the Bidding Sheet(s) are supplied only to give an indication of the general scope of the work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith, but reserves the right to increase or decrease the amount of any unit-price item of the work by an amount up to and including twenty-five percent (25%) of any bid item(s), or to omit portions, or all of such work as may be deemed necessary or expedient by the Engineer without a change in the unit price. The Owner, likewise, reserves the absolute right to delete quantities of work or material which are the subject of "lump sum" bids.
  4. Bidders shall not at any time after the submittal of a bid make or have any claim for damages or anticipated profits or loss of profit or otherwise because of any difference between the quantities of work actually done and material furnished and those stated in said unit-price items or lump sum items of the Bidding Sheet(s).
• STANDARDS, CODES, SAMPLES, AND TESTS —

  Wherever reference is made to a standard, code, specification, or test and the designation representing the date of adoption or latest revision thereof is omitted, it shall mean the latest revision of such standard, code, specification, or test in effect on the day the Notice Inviting Bids is dated.

  Tests shall be made in accordance with commonly recognized procedures of technical organizations and such special procedures as may be prescribed elsewhere in the plans and specifications. The Contractor shall furnish without charge such samples for testing as may be required by the Owner's Representative.

• INSPECTION AND TESTS OF MATERIALS —

  A. Readiness for Inspection:

  The Contractor shall furnish the Owner full information as to the progress of the work in its various parts and shall give the Owner timely notice of the Contractor's readiness for inspection. When practicable, inspection will be made during the manufacture of articles. The Contractor shall furnish, without additional charge, all reasonable facilities and assistance for the safe and convenient inspection and tests required by the Owner.

  B. Final Inspection and Acceptance:

  Final inspections and acceptance of the articles or materials may be made after delivery at the work site at the Owner's expense. In the event that any material at the work site is rejected on account of failure to pass the inspection or test, the Contractor shall replace same promptly. Final inspection will be made as promptly as practicable but may not in all cases be made prior to erection or final assembly.

  C. Right to Reject Articles and/or Materials:

  • The Owner shall have the right at all times and places to reject articles and/or materials to be furnished hereunder which in any respect fail to meet the requirements of the specifications, regardless of whether the defects in such articles or materials are detected at the point of manufacture or after completion of the work at the site.
  • If the inspector, through an oversight or otherwise, has accepted material or work which is defective or which is contrary to the specifications, such materials, no matter in what state or condition of manufacture, delivery or erection, may be rejected by the Owner.
  • Compliance with the specifications is distinctly a duty of the Contractor, and shall not be avoided by act or omission on the part of the Owner's inspector.
• Weekly Progress Meetings —

  The Contractor shall participate in weekly progress meetings with the Owner and Engineer throughout the duration of drilling, well construction, development, and testing activities.
  
  Meetings may be held in person or virtually at the discretion of the Owner. At a minimum, the Contractor’s superintendent or project manager and the Owner’s representative shall attend.
  
  The purpose of the weekly meetings is to review:
  
  • Work completed during the previous week
  • Planned activities for the upcoming week
  • Drilling progress and encountered subsurface conditions
  • Safety issues
  • Environmental compliance and discharge requirements
  • Upcoming testing activities
  • Potential schedule impacts or change order issues
  
  The Contractor shall submit a brief written progress summary prior to each meeting including drilling depth achieved, lithologic observations, operational issues, and planned work.
  
  Failure of the Contractor to attend scheduled meetings may result in suspension of work until coordination issues are resolved.

• CONTRACT RETENTION —

  At the request and expense of the Contractor and pursuant to Public Contract Code Section 22300, securities equivalent to any amount withheld by Owner to ensure the Contractor's performance under the contract shall be deposited with the Owner, or, at the Contractor's request, with a state or federally chartered bank as the escrow agent. Alternatively, and upon approval of the Owner, retention monies earned may be deposited directly with an escrow agent licensed under Division 6 (commencing with Section 17000) of the Financial Code. Escrow instructions shall conform to the requirements of Public Contract Code Section 22300. All securities deposited pursuant to the BID SECURITY AND BONDS subsection herein the Notice Inviting Bids, shall be accompanied by an unconditional assignment of such securities executed by the Contractor, which will permit the Owner or the escrow agent to liquidate such securities in accordance with the provisions of said section 22300.

• LOCAL CONDITIONS —
  1. Bidders shall read the specifications, examine the drawings, and make their own estimates of the existing facilities and the difficulties which will attend the execution of the work called for by the proposed contract, including local conditions, uncertainty of weather, and all other contingencies. Bidders shall make such investigation and review such records and drawings as they deem necessary to satisfy themselves that they are familiar with the condition and location of existing underground facilities and other potential sources of interference with the work contemplated under the Contract Documents. By providing access to drawings or other records in its possession, the Owner makes no representations or guarantees as to the accuracy of such drawings or records.
  2. There will be NO pre bid meeting. Bidders shall satisfy themselves by personal examination of the location of the proposed work and by such other means as they may choose as to actual conditions and requirements and as to the accuracy of the quantities stated in the Bidding Sheet(s). Information derived from the maps, plans, specifications, profiles, or drawings, or from the Engineer or its assistants, shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed by the Owner.
  3. The quantities of work or material stated in the unit-price items of the Bidding Sheet(s) are supplied only to give an indication of the general scope of the work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith, but reserves the right to increase or decrease the amount of any unit-price item of the work by an amount up to and including twenty-five percent (25%) of any bid item(s), or to omit portions, or all of such work as may be deemed necessary or expedient by the Engineer without a change in the unit price. The Owner, likewise, reserves the absolute right to delete quantities of work or material which are the subject of "lump sum" bids.
  4. Bidders shall not at any time after the submittal of a bid make or have any claim for damages or anticipated profits or loss of profit or otherwise because of any difference between the quantities of work actually done and material furnished and those stated in said unit-price items or lump sum items of the Bidding Sheet(s).
• OBSERVATION OF WORK BY OWNER'S REPRESENTATIVE —

  The Owner's Representative shall at all times have access to the Work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the Work.

  Whenever the Contractor varies the normal period during which work or any portion of it is carried on each day, as provided in the construction progress schedule submitted by the Contractor pursuant to section titled "Prosecution and Progress", subsection entitled CONTRACTOR'S CONSTRUCTION SCHEDULE AND COST BREAKDOWN, they shall give timely notice to the Owner's Representative so that the Owner's Representative may, if desired, be present to observe the work in progress. If the Contractor fails to obtain prior authorization, any work done in the absence of the Owner's Representative will be subject to rejection. Where the Contractor performs any part of the Work on a Saturday, Sunday, or holiday designated by the Owner, or for more than eight (8) hours in a workday, the Contractor shall, upon demand by the Owner, reimburse the Owner for the cost of employing inspectors or otherwise providing inspection of the Work. The Owner shall be entitled to withhold such costs from payments due the Contractor.

  The Contractor shall give timely notice to the Owner's Representative in advance of backfilling or otherwise covering any part of the Work so that the Owner's Representative may, if desired, observe such part of the Work before it is concealed.

  The observation, if any, by the Owner's Representative of the Work shall not relieve the Contractor of any of their obligations to fulfill the contract as prescribed. Defective work shall be made good, and materials and equipment furnished and work performed which is not in accordance with the Contract Documents may be rejected notwithstanding the fact that such materials, equipment, and work have been previously observed by the Owner's Representative or that payment therefor has been included in an estimate for payment.

• WAGE RATES —

  Bids shall be made in accordance with the prevailing hourly rate of per diem wages for this locality and project as determined by the Director of Industrial Relations pursuant to Labor Code Section 1770 et seq, a copy of which wage rate schedule is on file at the Office of Owner and by this reference incorporated herein. The Contractor shall post a copy of said document at each job site. The Contractor and any of its subcontractors shall pay not less than the specified prevailing rate of per diem wages for general, holiday and overtime work to all workers employed in the execution of this contract. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Job site notices required by Labor Code Section 1771.4 shall be posted. Contractors failing to comply with the prevailing wage requirement are subject to debarment by the Labor Commissioner, as provided in Labor Code Section 1777.1 . Debarred contractors are declared ineligible to perform work on any public works project, either as the prime contractor or as a subcontractor.

• INDEMNITY —

  As provided in the Agreement, the provisions of which are incorporated herein, the Contractor shall indemnify and hold harmless the Owner, the Engineer, the Owner's Representative, their consultants, and each of their directors, officers, agents, employees and volunteers from and against all claims, damages, losses, expenses, and other costs, including, but not limited to, costs of defense and attorneys' fees, arising out of or resulting from or in connection with the performance of the Work.

  In any and all claims against the indemnified parties by any employee of the Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under the first and fourth paragraphs of this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor, or any subcontractor, or any supplier or other person under workers' compensation acts, disability benefit acts, or other employee acts.

  The obligations of the Contractor under the first and fourth paragraphs of this Section shall not extend to the liability of the Engineer, the Owner's Representative, and their consultants, and each of their directors, officers, employees, and agents, arising out of or resulting from or in connection with the preparation or approval of maps, drawings, opinions, reports, surveys, designs or specifications, providing that the foregoing was the sole and exclusive cause of the loss, damage, or injury.

  The Contractor shall also indemnify and hold harmless the Owner, the Engineer, the Owner's Representative, and their consultants, and each of their directors, officers, employees, agents and volunteers from and against all losses, expenses, damages (including damages to the Work itself), attorneys' fees, and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the work and all of the Contractor's obligations under the contract. Such costs, expenses, and damages shall include all costs, including attorneys' fees, incurred by the indemnified parties in any lawsuit to which they are a party.

  1. Where Contractor or any of its subcontractors is performing work in a City of Palmdale right-of-way, the following applies: (Name of Contractor) hereby agrees to indemnify the City of Palmdale, its officers, employees, agents and elected and appointed boards (hereinafter “Indemnitees”) for any loss, claim, demand, cause of action, cost, expense, damage, obligation or liability which arises out of or is in any way connected with its work on a project for which an encroachment permit was issued by the City of Palmdale to the Palmdale Water District, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of (Name of Contractor), its employees, agents or contractors retained by (Name of Contractor),and regardless of any acts, omissions or negligence (whether active or passive) of any person or entity indemnified hereunder.
     
     At its own expense, (Name of Contractor)shall defend any suit, claim or action against the Indemnitees founded upon such loss, claim, demand, cause of action, cost expense, damage, obligation or liability.
     
     Where any subcontractor engaged by the Contractor will perform work in a City of Palmdale right-of-way, Contractor shall insure that the preceding paragraphs of this subsection (A) are included in any subcontract between the subcontractor and Contractor.
• WATER SUPPLY —

  The Owner will furnish an adequate supply of water for the purpose of construction, all the works under the specifications. However, all costs incurred in connecting to existing lines shall be borne by the Contractor.

• SANITATION —

  All parts of the work shall be maintained in a neat, clean, and sanitary condition. All wastes and refuse from sanitary facilities provided by the Contractor or from any other source related to the Contractor's operations shall be taken care of in a sanitary manner, satisfactory to the Owner and in accordance with laws and regulations pertaining thereto. Fixed and portable toilets, which are made inaccessible to flies, shall be provided for use of employees and their use shall be strictly enforced.

  The Contractor shall furnish all the facilities and means for the proper sanitation of the work and shall protect and hold harmless the Owner, its Engineer, officers and employees from any liability resulting from improper or insufficient sanitation measures.

• EXECUTION OF CONTRACT —

  A bidder to whom award is made shall execute the form of Agreement provided in the Contract Documents, secure the payment of worker's compensation, furnish bonds as required herein, provide evidence of insurance, and provide a financial statement or other information requested by Owner pursuant to the Contract Documents, within ten (10) days, or such additional time as may be allowed by the Owner, from the date the Owner notifies the bidder that their proposal has been accepted. The failure or refusal of a bidder to whom award is made to enter into contract or otherwise perform hereunder will result in damages being sustained by the Owner. Such damages are impracticable and extremely difficult to ascertain. In the event of such failure or refusal to comply with the requirements of the Contract Documents, the Bid Security shall become the property of the Owner as liquidated damages and not as a penalty, and the award will be revoked. At the discretion of the Owner, a new award may be made to the second lowest responsible bidder and such bidder shall fulfill the requirements set forth herein as if they were the party to whom the first award was made. A corporation to which an award is made shall be required, before the contract is finally executed, to furnish evidence of its corporate existence, of its right to do business in California, and of the authority of the officer signing the contract and bonds for the corporation.

• USE OF APPRENTICES —

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

• HOURS OF LABOR —

  The Contractor shall forfeit as a penalty to the Owner the maximum amount provided by statute for each worker employed in the execution of the contract by the Contractor or any of their subcontractors for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code and, in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay as provided in said Section 1815.

• REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK —

  Any work which does not conform to the requirements of the Contract Documents shall be remedied or removed and replaced by the Contractor, together with any other work which may be displaced in so doing, and no compensation will be allowed for such removal, replacement, or remedial work. All nonconforming materials shall be immediately removed from the site.

  Any work done shown on the plans or established by the Owner's Representative or any changes in, additions to, or deductions from the work done without written authority will be considered as unauthorized and will not be paid for. Work so done may be ordered remedied, removed, or replaced at the Contractor's expense.

  Upon failure on the part of the Contractor to comply promptly with any order of the Owner's Representative made under the provisions of this article, the Owner's Representative shall have authority to cause nonconforming materials, rejected work, or unauthorized work to be remedied, removed, or replaced at the Contractor's expense and to deduct the costs from any monies due or to become due the Contractor.

• PREVAILING WAGE —

  The Contractor shall comply with Labor Code Section 1775. In accordance with said Section 1775, the Contractor shall forfeit as a penalty to the Owner, a penalty in such amount as the Labor Commissioner shall determine for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed for any work done under the contract by them or by any subcontractor under them in violation of the provisions of the Labor Code and, in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said 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 the Contractor. Moreover, failure to pay the prevailing wage may subject the Contractor to debarment, as provided in Labor Code Section 1777.1.

• DRIVEWAY MAINTENANCE AND DUST ABATEMENT —

  During the performance of all work included in the contract, the entrance and exit of driveways used as access to the site shall be maintained by the Contractor.

  During the performance of all work included in the contract or any operations appurtenant thereto, the Contractor shall furnish all the labor, equipment and means required and shall carry out proper and efficient measures wherever and as often as necessary, to prevent its operations from producing dust in amounts damaging to property or causing a nuisance to persons occupying buildings in the vicinity.

• ONE-YEAR GUARANTEE —

  In addition to guarantees otherwise required, the Contractor shall and hereby does guarantee the Work against defects in workmanship or materials for a period of one year after the Owner's acceptance of the Work, except for any portion of the Work that is utilized or placed into service by the owner in accordance with the provisions of section titled "Prosecution and Progress", subsection entitled USE OF COMPLETED PORTIONS. The guarantee period for portions of the Work so utilized or placed into service shall be one year from the date of written notification to the Contractor described in said subsection entitled USE OF COMPLETED PORTIONS. The Contractor shall repair or remove and replace any and all such work, together with any other work which may be displaced in so doing, that is found to be defective in workmanship and/or materials within said one year period, without expense whatsoever to the Owner, ordinary wear and tear and unusual abuse or neglect excepted. In the event of a failure to comply with the above-mentioned conditions within seven (7) days after being notified in writing, the Owner is hereby authorized to proceed to have the defects remedied and made good at the Contractor's expense. The Contractor agrees to pay all such expenses immediately on demand therefor by the Owner. Such action by the Owner will not relieve the Contractor of the guarantees required by this article or elsewhere in the Contract Documents.

  The performance bond and the payment bond shall continue in full force and effect for the guarantee period.

  If, in the opinion of the Owner, defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to the Owner or to prevent interruption of its operations, the Owner will attempt to give the notice required by this article. If the Contractor cannot be contacted or does not comply with the Owner's request for correction within a reasonable time as determined by the Owner, the Owner may, notwithstanding the provisions of this article, proceed to make such correction or provide such attention; and the costs of such correction or attention shall be charged against the Contractor, and shall be paid immediately upon demand therefor by the Owner. Such action by the Owner will not relieve the Contractor of the guarantees required by this article or elsewhere in the Contract Documents.

  This article does not in any way limit the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a guarantee for a longer period. The Contractor agrees to act as a co-guarantor with such manufacturer or supplier and shall furnish the Owner all appropriate guarantee or warranty certificates upon completion of the project. No guarantee period, whether provided for in this article or elsewhere, shall in any way limit the liability of Contractor or his sureties or insurers under the indemnity or insurance provisions of the Contract Documents.

• BONDS —
  1. In conformance with the Notice Inviting Bids, a bidder to whom the contract is awarded shall, within the time specified in the EXECUTION OF CONTRACT subsection herein the Instructions to Bidders above, furnish a bond with a responsible corporate surety or corporate sureties conditioned upon the faithful performance of said bidder of all covenants and stipulations in the Contract Documents. Said bond, hereinafter referred to as the Faithful Performance Bond, shall be on the mandatory form included as a part of these Contract Documents, and shall be in an amount that is not less than one hundred percent (100%) of the total amount payable under the Contract Documents.
  2. Within the time specified in the EXECUTION OF CONTRACT subsection herein the Instructions to Bidders, the bidder to whom the contract is awarded shall also furnish a Payment Bond, approved by the Owner, in accordance with the provisions of Civil Code Sections 8152 and 8154, and Sections 3247-3252, inclusive. Said Payment Bond shall be in a sum not less than one hundred percent (100%) of the total amount payable under the Contract Documents. The form of Payment Bond set forth in these Contract Documents is a mandatory form.
  3. The surety or sureties on all bonds furnished must be satisfactory to the Owner. Any power of attorney provided, evidencing the authority of the person executing the bonds to bind the surety, shall be an unrevoked power. If during the continuance of the contract any of the sureties in the sole discretion of the Owner are or become insufficient, the Owner may require additional sufficient sureties which the Contractor shall furnish to the satisfaction of the Owner within fifteen (15) days after written notice, and in default thereof the contract may be suspended and the work completed as provided in the General Conditions. The party required to furnish bonds pursuant to these instructions shall furnish such bonds at their own cost and expense.
• CONTRACT DOCUMENTS —
  1. The Contract Documents shall consist of this Notice Inviting Bids, the Instructions to Bidders, the accepted Proposal, the Bid Sheets, the Contractor's Licensing Statement, the List of Subcontractors, the applicable Bid Security Form and the Non-Collusion Affidavit (Bidder) attached to the Proposal, the Agreement, the Faithful Performance Bond, the Payment Bond, the Non-Collusion Affidavits (Subcontractors), the Notice to Proceed, the General Provisions, the Special Provisions, the Specifications and Drawings, and any change order or addenda and the Specifications and Drawings listed therein, all of which documents are on file in the office of the Owner and are hereby referred to and made a part of this Notice Inviting Bids.
  2. A full set of drawings and specifications is available for inspection without charge at the office of the Owner or by downloading the documents from bidding service website.
• REPAIR OF PAVEMENT —

  Pavement damaged by construction operations shall be repaired and replaced in kind, provided, however, that where reconstruction of any right-of-way is subject to the inspection and approval of any governmental agency other than Owner, the Contractor agrees to repair and replace those portions of such right-of-way damaged during construction to the complete satisfaction of such agency or its authorized representative. Any requirements as to reconstruction of such rights-of-way shall not form the basis of a claim by the Contractor for additional compensation or for an extension of time.

• PREFERENCE FOR MATERIAL —

  Substitute products will be considered prior to award of the Contract in accordance with Section 3400 of the California Public Contract Code. The Bidder will submit data substantiating its request for a substitution of “an equal” item within fourteen (14) days following submission of its Bid. Substantiation data will conform to the requirements of the instructions for Proposed Substitutions or “or equal” items contained in the Bid Forms. The ENGINEER will make a determination of approval or rejection of the proposed substitution prior to the award of the Contract. No request for substitution of “an equal” item will be considered by the ENGINEER after award of the Contract.

• LIABILITY INSURANCE —
  1. A bidder to whom the contract has been awarded shall furnish to the Owner a policy or certificate of protective liability insurance in which the Owner, the Owner's Engineer and the Owner's Representative shall be named as additional insureds with the bidder. Where requested by the city, county or other governmental agency in whose jurisdiction the work is being performed, or in the discretion of the Owner, the city, county or other governmental agency shall be named as an additional insured. The policy shall insure the Owner, the Engineer and the Owner's Representative and each of their officers, employees, agents and volunteers as additional named insureds; the bidder, its employees and its subcontractors and each of their employees, and their heirs, agents, and employees, while acting within the scope of their duties, against all claims arising out of or in connection with the Work to be performed and shall remain in full force and effect until the Work is accepted by the Owner. The bidder shall also provide such additional named insured endorsements [Insurance Services Office (ISO) Form Number CG 2010 11 85 [or equivalent] as may be required by the Owner, in the Owner's sole discretion.
     
     The Owner, the Engineer and the Owner's Representative and each of their directors, officers, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded the additional insureds.
  2. The above-referenced insurance policy (or policies) shall be furnished at the bidder's expense, in a form and with insurance companies authorized to do business and have an agent for service of process in California and have a "A-" policyholder's rating and a Financial Size Category rating of at least VII in accordance with the most recent Best's Insurance Guide or other comparable rating service, or as otherwise approved by the Owner. Such insurance, in addition to the multiple additional named insured endorsements set forth above, shall be commercial general liability insurance in the amounts set forth below, and shall contain additional endorsements as follows: (i) Providing blanket contractual liability coverage for the bidder's indemnification obligations to Owner and others pursuant to the Contract Documents; (ii) Providing coverage for explosion, collapse, underground excavation and removal of lateral support; (iii) Providing that the insurance may not be canceled or reduced except with notice to the Owner and its Engineer have actually received written notice of such cancellation or reduction; (iv) Providing that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; and (v) Providing that any other insurance maintained by Owner, the Engineer or any other named insured is excess insurance, and not contributing insurance with the insurance required herein. The amount of coverage shall be no less than the following:
     1. General bodily injury and property damage -- $5,000,000 per occurrence.
     2. Automobile bodily injury and property damage -- $5,000,000 per occurrence, including owned, non-owned and hired autos, and providing coverage for loading and unloading.

  The bidder shall, within the time specified in the EXECUTION OF CONTRACT subsection herein the Instructions to Bidders, file with the Owner evidence of insurance from an insurer or insurers certifying to the coverage of all required insurance. Such evidence shall include original copies of the ISO CG 2010 11 85 (or insurer's equivalent) signed by the insurer's representative and certificate(s) of insurance (Accord Form 25 or equivalent) reflecting the existence of the required insurance. If required by the Owner, the bidder shall furnish a complete copy of the policy or policies, and all endorsements thereto. Commercial general liability insurance must include Owner's and Contractor's Protective Coverage, Products - Completed Operations Coverage, Premises - Operations Coverage, and must provide for coverage of Owner's facilities during the course of construction. Notwithstanding the foregoing, bidder is not hereby required to provide insurance with respect to liability for damages resulting solely from error or omission in design which is not due to or contributed to by negligence or fault of the contractor, its subcontractors, agents, employees or officers.

• APPRENTICES —

  The Contractor and any subcontractor under them shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.

  Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. In accordance with Section 1773.3 of the Labor Code, within five (5) days of awarding the Contract hereunder the Owner shall send a copy of this Contract to the Division of Apprenticeship Standards.

  Willful violations of Section 1777.5 will result in a forfeiture of the maximum statutory amount for each calendar day of non-compliance which shall be withheld from progress payments by Owner upon notice from the Department of Industrial Relations pursuant to Labor Code Section 1777.7. Willful violations of Section 1777.5 shall also result in the suspension of the Contractor's right to bid on or receive the award of any public works construction contract, as provided in Section 1777.7.

• AS-BUILT DRAWINGS —

  Within thirty (30) days after acceptance of the Work by the Owner, the Contractor shall furnish a marked-up set of drawings indicating "As-Built" conditions, which shall reflect all changes made during construction.

• ASSIGNMENT OF CONTRACT —

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

• WARRANTY OF TITLE —

  The Contractor warrants clear and good title to all materials, supplies, and equipment installed and incorporated in the Work and agrees upon completion of all work to deliver the premises together with all improvements and appurtenances constructed or placed thereon to the Owner free from any claims, liens, encumbrances, or charges. Nothing contained in this article, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor in the hands of the Owner. The provisions of this article shall be inserted in all subcontracts and material contracts, and notices of its provision shall be given to all persons furnishing materials for the Work when no formal contract is entered into for such materials.

• ADDRESS AND MARKING OF BID SECURITY IN THE FORM OF CASH, CERTIFIED OR CASHIER’S CHECK —

  The envelope enclosing the bid security shall be sealed and addressed as follows:

  Palmdale Water District
  2029 East Avenue Q
  Palmdale, CA 93550

  The envelope shall be plainly marked in the upper left-hand corner with the name and address of the bidder, shall bear the words “Bid Security for”, followed by the title of the specification for the work and the date and hour for receiving bids. The bid security must also be delivered by mail or in person within twenty-four (24) hours of bid response deadline time and date, Friday, May 29, 2026 at 5:00 pm. The Bid Security shall be made payable to or for the benefit of the Owner.

• NON-COLLUSION AFFIDAVITS —

  In accordance with the provisions of Section 7106 of the Public Contract Code, each bidder shall execute and submit with their bid a Non-Collusion Affidavit in the form attached to the Proposal. Additionally, the principal contractor shall secure from each proposed subcontractor a Non-Collusion Affidavit in the form attached to the Agreement.

• COMMUNITY WORKFORCE AGREEMENT —

  All interested bidders are advised that the scope of work that is the subject of this notice of inviting bids is covered by the Palmdale Water District's Community Workforce Agreement (CWA). The successful bidder, and all of its subcontractors, shall have the obligation to comply with all the terms of the CWA for all portions of the work. A copy of the CWA is attached to the contract documents and specifications and incorporated as Exhibit “A”. The successful bidder, and all of its subcontractors, will be required to deliver an executed letter of assent (as shown in CWA Attachment A) to the District prior to issuance of the Agreement for execution. Failure to provide said letter(s) of assent shall be grounds for deeming the bid non-responsive.

• PROPERTY RIGHTS IN MATERIALS —

  Nothing in the contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the Work or the soil, or after payment has been made for materials delivered to the site of the Work, or stored subject to or under the control of the Owner. All such materials shall become the property of the Owner upon being so attached or affixed or upon payment for materials delivered to the site of the Work or stored subject to or under the control of the Owner.

  Soil, stone, gravel, and other materials found at the site of the Work and which conform to the plans and specifications for incorporation into the Work may be used in the Work. No other use shall be made of such materials except as may be otherwise described in the plans and specifications.

• DESIGNATED DISTRICT HOLIDAYS —

  Holidays observed by the District are as follows: President’s Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving, Day after Thanksgiving, Christmas week (account for 5 days office closure), New Year’s Eve, and New Year’s Day.

• RIG REQUIREMENTS —

  The drilling rig shall have the following minimum capabilities:

  Rig must be capable of drilling and reaming a borehole to 22 inches diameter to a depth of 910 feet.

  Minimum hoisting and pullback capacity: 100,000 pounds

  Minimum rotary torque: 15,000 foot-pounds

  Air compressor capacity for development and airlifting: minimum 900 CFM at 350 PSI

  Mud pump capacity (if drilling fluids are used): minimum 1,000 gallons per minute

  The Contractor shall submit rig specifications, including make, model, and rated capacities, for review by the Owner prior to mobilization.

• CIPO - PROJECT MANAGEMENT SOFTWARE —

  The District utilizes a cloud-based construction software system named CIPO for project management of CIP projects, maximizing efficiency and streamlining communication and processes. CIPO offers a centralized location for project managers to submit construction documents like request for information, submittal, request for payment, change orders and notifications. The Project Manager will be required to create a user profile and utilize the CIPO system until project completion.

• TITLE TO MATERIALS FOUND ON THE WORK —

  The title to all water and to the right to use of all water, to all soil, stone, gravel, sand, minerals, and all other materials developed or obtained in the excavation or other operations by the Contractor or any subcontractor or any of their employees, and the right to use or dispose of the same, are hereby expressly reserved in the. The Contractor may be permitted to use in the Work without charge any such materials which meet the requirements of these specifications.

• FINANCIAL STATEMENT —

  In the course of evaluating the capacity and competence of a bidder to perform the Work, the Owner may require any bidder to furnish a recent statement of their financial condition or such other evidence of their qualifications as may be requested by the Owner. If a bidder fails to promptly furnish the information requested, it shall be considered sufficient grounds for rejection of such bidder's entire bid.

• MUTUAL RESPONSIBILITY OF CONTRACTORS —

  Nothing in the contract shall be interpreted as granting to the Contractor exclusive occupancy of the site of the Work. The Contractor must ascertain to their own satisfaction the scope of the project and the nature of any other contracts that have been or may be awarded by the Owner in the construction of the project, to the end that the Contractor may perform this contract in the light of such other contracts, if any.

  The Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the project. If the performance of any contract for the project is likely to be interfered with by the simultaneous performance of some other contract or contracts, the Owner's Representative shall decide which contractor shall cease work temporarily and which contractor shall continue or whether the work under the contracts can be coordinated so that the contractors may proceed simultaneously. On all questions concerning conflicting interest of contractors performing related work, the decision of the Owner's Representative shall be binding upon all contractors concerned and the Owner, the Engineer, the Owner's Representative, and their consultants shall not be responsible for any damages suffered or extra costs incurred by the Contractor resulting directly or indirectly from the award or performance or attempted performance of any other contract or contracts on the project or caused by a decision or omission of the Owner's Representative respecting the order of precedence in the performance of the contracts.

  If through acts of neglect on the part of the Contractor, any other contractor or any subcontractor shall suffer loss or damage on the Work, the Contractor may agree to settle with such other contractor or subcontractor by agreement or arbitration, if such other contractor or subcontractor will so settle. If such other contractor or subcontractor shall assert any claim against the Owner, the Engineer, the Owner's Representative, or their consultants on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall hold harmless, indemnify, and defend the Owner, the Engineer, the Owner's Representative, and their consultants, and each of their directors, officers, employees, and agents against any such claim, including all attorneys' fees and any other costs incurred by the indemnified parties relative to any such claim.

• BASELINE SCHEDULE REQUIREMENT —
  Contractor shall submit a detailed schedule within 10 days of Notice to Proceed including mobilization, drilling, logging, casing installation, development, and aquifer testing.

   
• TERMINATION FOR BREACH —

  If the Contractor refuses or fails to prosecute all or any part of the Work with such diligence as will ensure its completion within the time specified herein, or any extension thereof, or fails to complete such work within such time, or if the Contractor is adjudged a bankrupt, or makes a general assignment for the benefit of their creditors, or if a receiver is appointed on account of their insolvency, or if they file a petition to take advantage of any debtor's Act, or if the Contractor or any of their subcontractors violate any of the provisions of the contract, or refuse or fail to supply enough properly skilled workers or proper materials to complete the Work in the time specified, as adjusted by any time extensions granted, or they fail to make prompt payment to subcontractors or for material or labor, or if the Contractor disregards any laws or ordinances, or instructions given by the Owner or Owner's Representative, the Owner may, without prejudice to any other right or remedy, serve written notice upon the Contractor and their surety of its intention to terminate the contract. Such notice by the Owner shall set forth the reasons for the intended termination of the contract, and unless within ten (10) days after the service of such notice such violations shall cease and satisfactory arrangements for the corrections thereof be made, the contract shall upon the expiration of said ten days cease and terminate. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished.

  Upon termination as provided above, the Owner shall immediately give written notice to the surety and the Contractor, and the surety shall have the right to take over and perform the contract; provided, however, that if the surety within fifteen (15) days after receipt of a notice of termination does not notify the Owner in writing of its intention to take over and perform the contract, or does not commence performance of the contract within thirty (30) days from the date of serving said notice, the Owner may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of the Contractor, and their surety shall be liable to the Owner for any excess cost or other damage occasioned the Owner thereby, and in such event the Owner may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plants, and other property belonging to the Contractor that may be on the site of the Work or on any other property of the Owner and be necessary for the Work. For any portion of such work that the Owner elects to complete by furnishing its own employees, materials, tools, and equipment, the Owner shall be compensated for such in accordance with the schedule of compensation for cost-plus work in section titled "Estimates and Payments", subsection entitled PAYMENT FOR CHANGES IN THE WORK.

  If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the Work, including, but not limited to, all costs to Owner arising from professional services and attorneys' fees and all costs generated to insure or bond the work of substituted contractors or subcontractors utilized to complete the Work, such excess shall be paid to Contractor. If such costs exceed the unpaid balance, Contractor shall pay the difference to Owner promptly upon demand; on failure of Contractor to pay, the Surety shall pay on demand by Owner. Any portion of such difference not paid by Contractor or surety within thirty (30) days following the mailing of a demand for such costs by Owner shall earn interest at the rate of ten percent (10%) per annum or the maximum rate authorized by California law, whichever is lower.

  The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the Owner.

• DAILY DRILLING REPORTS —

  The Contractor shall prepare and submit a daily drilling report for each day that drilling, well construction, development, or testing activities occur.

  The daily drilling report shall be submitted to the Owner or Owner’s Representative no later than the following working day and shall include, at a minimum:

  Date and work shift hours
  Total depth at the start and end of the day
  Drilling method and equipment used
  Drilling fluid type and additives used, if applicable
  Lithologic description of materials encountered and depth intervals
  Sample intervals collected
  Borehole diameter and casing installation progress
  Any drilling problems encountered including lost circulation, caving, or equipment issues
  Water level observations and approximate inflow zones, if observed
  Development or testing activities performed
  Weather conditions and any delays affecting work progress

  The report shall also identify any safety incidents, environmental issues, or deviations from the approved drilling plan.

  Daily drilling reports shall be signed by the Contractor’s field superintendent or driller and submitted in electronic format unless otherwise approved by the Owner.

  All drilling records and logs generated during the work shall become the property of the Owner.

• MONITORING WELL CONSTRUCTION REQUIREMENTS —

  The monitoring well shall be constructed in accordance with the dimensions and materials identified in the Contract Documents and in compliance with California Department of Water Resources Bulletin 74 Well Standards.

  Prior to installation of the well screen, the Contractor shall verify total borehole depth and confirm that the borehole is free of obstructions. The Contractor shall notify the Owner’s Representative prior to installation of casing and screen.

  The monitoring well shall be constructed using 6-inch diameter Schedule 80 PVC casing and screen, unless otherwise approved by the Owner. All threaded joints shall be flush threaded and watertight.

  Screen placement shall match the interval specified in the Contract Documents. The Contractor shall ensure that the screen is centered within the borehole and properly aligned with the intended aquifer interval.

  Centralizers shall be installed on the well casing and screen at intervals not exceeding 40 feet to maintain proper casing alignment and to ensure uniform gravel pack placement.

  The gravel pack material shall consist of clean, washed, rounded silica sand specifically designed for water well construction. The grain size shall be selected to match the slot size of the screen and shall be approved by the Owner prior to installation.

  The gravel pack shall be placed by tremie pipe or other approved method to prevent bridging or segregation of materials. Gravel shall be placed continuously from the bottom of the borehole upward to the depth specified in the Contract Documents.

  Following placement of the gravel pack, the Contractor shall install a sand-bentonite seal above the gravel pack. The bentonite seal shall be hydrated according to manufacturer recommendations and placed using a method that ensures a continuous seal without gaps.

  Above the bentonite seal, the Contractor shall install a cement grout seal extending to the ground surface or to the depth specified in the plans. Cement grout shall be placed by tremie pipe to prevent voids or separation.

  After casing installation and sealing operations are complete, the well shall be developed using surging, pumping, or airlifting methods until the discharge water is free of sand and turbidity is reduced to an acceptable level as determined by the Owner’s Representative.

  The Contractor shall protect the completed well with a concrete surface pad and locking protective monument as shown in the plans. The well monument shall be installed plumb and securely anchored.

  Upon completion of well construction, the Contractor shall measure and record the total depth of the well, static water level, and casing stick-up elevation relative to finished grade.

• NOTICE AND SERVICE THEREOF —

  Any notice required or given under the contract shall be in writing, be dated, and signed by the party giving such notice or their duly authorized representative, and be served as follows:

  • If to the Owner, by personal delivery or by deposit in the United States mail.
  • If to the Contractor, by personal delivery to the Contractor or to their authorized representative at the site of the project or by deposit in the United States mail.
  • If to the surety or any other person, by personal delivery to said surety or other person or by deposit in the United States mail.
  • All mailed notices shall be in sealed envelopes, shall be sent by certified mail with postage prepaid, and shall be addressed to the addresses in the Contract Documents or such substitute addresses which a party designates in writing and serves as set forth herein.

  Any notice served in accordance with this Section, shall be deemed received by the addressee seventy-two (72) hours after deposited, postage prepaid, in the United States mail.

• LANDS AND RIGHTS-OF-WAY —

  The lands and rights-of-way for the facility to be constructed will be provided by the Owner. Except to the extent the Contractor is authorized to use other property of the Owner as provided in section titled "Prosecution and Progress", subsection entitled USE OF OWNER'S PROPERTY DURING CONSTRUCTION, the Contractor shall make their own arrangements and pay all expenses for additional area required by them outside the limits of the Owner's lands and rights-of-way.

  No work is expected in the right-of-way.

• WAIVER OF RIGHTS —

  Except as otherwise specifically provided in the Contract Documents, no action or failure to act by the Owner, Engineer, Owner's Representative, or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract Documents, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder.

• TAXES —

  The Contractor shall pay all sales, consumer, use, and other taxes

• ASSIGNMENTS OF ANTITRUST ACTIONS —

  In entering into this Contract or any subcontract to supply goods, services, or materials to the Contractor pursuant to this 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 any of them may have under Section 4 of the Clayton Act (15 U.S.C. Section 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 this contract or any subcontract hereunder. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

• PAYROLL RECORDS —

  It shall be the responsibility of the Contractor to maintain 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 employee in accordance with Labor Code Section 1776, and to ensure that each subcontractor also complies with all provisions of Labor Code Section 1776 and this contract provision.

  All payroll records shall be certified as accurate by the Contractor or subcontractor or its agent having authority over such matters.

  The Contractor shall ensure that all payroll records are available for inspection at the Contractor's principal office during normal business hours and shall notify the Owner, in writing, of the place where all payroll records are located from time to time.

  The Contractor shall furnish a copy of all payroll records, upon request, to employees or their authorized agents, to the Owner, to the Division of Labor Standards Enforcement, and to the Division of Apprenticeship Standards of the Department of Industrial Relations. The Contractor shall also furnish a copy of payroll records to the general public upon request provided the public request is made through the Owner, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement of the Department of Industrial Relations.

  Records made available to the general public in accordance with the prior paragraph shall be in such a manner that the name and address of the Contractor and/or subcontractor and the name, address, and telephone number of all employees does not appear on the modified record.

  The Contractor shall file a certified copy of any requested payroll records with the entity that requested such records within ten (10) days of the date a written request for payroll records has been received. Should any request for payroll records be submitted to the Owner, the sole obligation of the Owner shall be to transmit that request to the Contractor and advise the Contractor of its obligations under the Labor Code and of the penalties for failure to comply.

  Failure of the Contractor to comply with any provision of this article or Labor Code Section 1776 within ten (10) days of the date a written request for compliance is received shall result in a forfeiture of the maximum statutory amount per calendar day or portion thereof, for each worker, until strict compliance is obtained. Upon notification by the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the Department of Industrial Relations, the Owner shall withhold penalties under this article or Labor Code Section 1776 from the Contractor's payments then due.

• NOTICE OF LATENT OR HAZARDOUS CONDITIONS —

  In accordance with Section 7104 of the Public Contract Code, where the contract specifications require digging trenches or excavating deeper than four (4) feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the Owner, in writing, of any:

  1. Material that the Contractor may believe is hazardous waste as defined in Section 25117 of the Health and Safety Code;
  2. Subsurface or latent physical conditions differing from those by information about the site made available to bidders prior to the deadline for submitting bids;
  3. Unknown physical conditions of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract specifications.

  Upon receipt of written notice by the Contractor of such conditions, the Owner shall promptly investigate. If the Owner finds such conditions to exist and determine that an increase or decrease in the Contractor's cost of or time required for performance of the Work will result from the change in conditions, the Owner will issue a change order.

  In the event a dispute arises between the Owner and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause decrease or increase in the cost of or time required for performance of any part of the Work, the Contractor shall not be excused from the scheduled completion of the Work, and shall retain any and all rights which he may have pertaining to the resolution of disputes between the Owner and the Contractor, as provided in the section titled "General Provisions", subsection entitled CLAIMS.

• CONTRACTOR'S OBLIGATIONS CONCERNING PAYMENT OF WORKERS' COMPENSATION AND UNEMPLOYMENT INSURANCE —

  The Contractor shall be responsible for complying with the provisions of Division 4 of the Labor Code, relating to securing payment of Workers' Compensation, and of the Unemployment Insurance Code.

• USE OF DEBARRED CONTRACTORS —

  As provided in Public Contract code Section 6109, any contract between the Contractor and a subcontractor that has been declared by the Labor Commissioner to be ineligible to perform work on a public works project is void, and the debarred subcontractor shall not receive any public money for performance of any part of the Work.

• NOTIFICATION OF THIRD-PARTY CLAIMS —

  The Owner shall provide the Contractor with timely notification of any third-party claims arising under or in relation to the Contract or the performance of the Work. The Owner shall be entitled to offset against any payments due the Contractor the reasonable costs incurred in providing such notification.

Submission Requirements

• Bidder's Declaration (required) —

  Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Bid Schedule (required) —

  Please ensure you have filled out the electronic bid schedule

• Contractor's Licensing Statement (required) —

  Please download the below documents, complete, and upload.

• License Number (required) —

  Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

• California Department of Industrial Relations Registration (required) —

  Please enter your Public Works Contractor Registration Number. This will be verified against the state database.

• List of Subcontractors (required) —

  The bidder is required to furnish the following information in accordance with the provision of Sections 4100 to 4114, inclusive, of the Public Contract Code of the State of California. Subcontractors must be listed if they will provide work, labor or service in an amount in excess of one-half (1/2) of one percent (1%) of the total bid.

  Please download the below documents, complete, and upload.

• Bid Security Form —

  When submitting an original paper Bid Security Bond, please download the "Bid Security" document provided below, complete and have notarized. An online notarization option will be provided for you when responding. A scanned image must be submitted and the original delivered to the District as defined in the subsection "Bid Security" of the Instruction to Bidders.

• Surety2000 - Electronic Bid Bond —

  If you have filed an electronic bid bond with Surety2000, please enter your Bid Bond information from Surety2000 below. If submitting a paper Bid Security Bond use the Bid Security Bond document provided above.

• Labor Union Negotiation (required) —

  Bid amounts over $250,000 - must negotiate with Labor Union. See details in the Community Workforce Agreement and confirm acknowledgement of this requirement.

• Succesful Bidder Instructions (required) —

  Successful bidder shall obtain and submit the following items within ten (10) calendar days after Notice of Award:

  • Fully Executed Agreement
  • Payment Bond
  • Faithful Performance Bond
  • Worker's Compensation Insurance Certificate
  • Certificate(s) of Insurance with Endorsements
  • Non-Collusion Affidavits (subcontractors)
  • CWA Letter of Assent (when applicable)
  • CWA Letter of Assent (subcontractors) (when applicable)
• Non-Collusion Affidavit (required) —

  Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Comparable Project Experience (required) —

  Please download the Comparable Project Experience document, complete, and upload.

• Site Inspection Confirmation (required) —

  Describe:

  A. When (date); and

  B. By whom (name and title); and

  C. What manner the site for this proposed work was inspected on behalf of the bidder

  (NOTE: Failure to demonstrate diligent effort in ascertaining site conditions which may affect the Work will render this Proposal informal or nonresponsive and may result in its rejection)

• Site Conditions (required) —

  Bidder certifies the Notice Inviting Bids subsection "Site Conditions" has been reviewed. Bidder has personally examined the location of the proposed work, and by such other means as they may choose as to actual conditions and requirements, and as to the accuracy of the quantities stated in the Bidding Sheet(s). Bidder acknowledges the information derived from the maps, plans, specifications, profiles, or drawings, or from the Engineer or its assistants, shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed by the Owner.

• Equipment/Material Source Information —

  The bidder shall indicate the name of the manufacturer and supplier of the equipment or material proposed to be furnished under the bid.

  Awarding of a contract under this bid will not imply approval by the Owner of the manufacturers and suppliers listed by the bidder. No substitution will be permitted after award of contract unless equipment or material of the listed manufacturer or supplier cannot meet the specifications.

  Failure to comply with this requirement will render the proposal informal and may cause its rejection.

   

  INSTRUCTIONS TO BIDDERS:

  1. Download the "Equipment/Material Source Information" form in the Attachments section
  2. Enter the Manufacturer, Supplier, AND delivery time (weeks) next to each equipment/material listed
  3. Upload the completed Equipment/Material Source Information form here.
• Proposed Substitutions —

  The bidder may name proposed substitute manufacturer/equipment with an add or deduct amount which will be considered after award. The Contract award, if any, will be on Base Bid amounts.

• List of Proposed Substitutions —

  If substitutions are proposed, please download the below document, complete, and upload.

• W9 (required) —

  Please confirm that the W9 has been attached and submitted to the company profile.

• Electronic signature Consent (required) —

  The Uniform Electronic Transaction Act (UETA) authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency, when both parties agree to its use. (Cal. Civ. Code Section 1633.1 – 1633.17).

  After bid opening and throughout the contract term, the awarded party will be sent contract documents that will need to be executed. 

  All signatory parties of the contract documents must agree to use electronic signatures ("e-signatures") prior to the execution of the contract. 

  By answering below, the bidder expressly agrees to execute contract documents electronically and warrants that the individual answering on behalf of the bidding organization, is authorized to give consent. 

  Please provide your response for the contract signing process. 

• Executive Order N-6-22 Certification (required) —

  EXECUTIVE ORDER N-6-22 CERTIFICATION

  
  Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all
  agencies and departments that are subject to the Governor’s authority to (a) terminate any
  contracts with any individuals or entities that are determined to be a target of economic
  sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into
  any new contracts with such individuals or entities while the aforementioned sanctions are in
  effect.

  
  Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with
  the AGENCY funded through grant funds provided by the State of California; and/or (2) submits
  a bid or proposal or otherwise proposes to or enter into or renew a contract with the AGENCY
  with State of California grant funds, certify that the person is not the target of any economic
  sanctions against Russia and Russian entities and individuals.

  
  The contractor hereby certifies, SUBJECT TO PENALTY OF PERJURY, that a) the contractor
  is not a target of any economic sanctions against Russian and Russian entities and individuals
  as described in Executive Order N-6-22 and b) the person signing below is duly authorized to
  legally bind the contractor. This certification is made under the laws of the State of California.

  Please download the below documents, complete, sign, and upload.

• Iran Contracting Act Certification (required) —

  IRAN CONTRACTING ACT CERTIFICATION 
  (Public Contract Code section 2200 et seq.) 

  As required by California Public Contract Code section 2204, the CONTRACTOR certifies subject to penalty for perjury that the option checked below relating to the CONTRACTOR's status in regard to the Iran Contracting Act of 2010 (Public Contract Code section 2200 et seq.) is true and correct.

  Please download the below documents, complete, sign, and upload.

• Location of the Work (required) —

  The Work to be constructed hereunder is located on {type Project Location or Address below}, in Palmdale, California.

• California Contractor License Classification (required) —

  Enter the Class Code. For example enter "A for General Engineering Contractor or "C-10" for Electrical Contractor. See the following link for classifications. https://www.cslb.ca.gov/About_Us/Library/Licensing_Classifications/

• Publication Locations (required) —

  List Location of Website, Newspaper, etc and Date(s)}

• Will this Bid likely be over $250K? (required) —

  This is for Community Workforce Agreement inclusion.

• Period of Work Completion (required) —

  The Contractor shall begin work within fifteen (15) days after the date set forth in the Notice to Proceed and shall complete all work under the contract within <xxxx> with the exception (if applicable) noted below after the date for commencement set forth in the Notice to Proceed.

• Electronic Pricing Table (required) —

  Will you be including a electronic pricing table for bidders to respond via ProcureNow?

• Pre-Bid Meeting? (required)