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Victor Valley Wastewater Reclamation Authority

Upper Narrows Pipeline Replacement

Project

Construction Documents & ConstructionSpecifications

August 2012

Prepared by:

17885 Von Karman Avenue, Suite 500

Irvine, CA 92614

Telephone: (949) 809-5000Fax: (949) 809-5010


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Victor Valley Wastewater Reclamation Authority

CONTRACT DOCUMENTS & CONSTRUCTIONSPECIFICATIONS

UPPER NARROWS PIPELINE REPLACEMENT

PROJECT

CONTRACT NO. XXXXX

_____________________________ R.C.E. 50129Luanne Bean, P.E., Project Manager

Tetra Tech17885 Von Karman Avenue, Suite 500

Irvine, CA 92614

________________________________

Logan Olds, General ManagerVictor Valley Wastewater Reclamation Authority

15776 Main Street, Suite 3

Hesperia, CA 92345

Printed 6/25/12


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VICTORVALLEYWASTEWATERRECLAMATIONAUTHORITY

UPPPERNARROWS

PIPELINEREPLACEMENTPROJECT

CCOONNTTRRAACCTTDDOOCCUUMMEENNTTSS


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DOCUMENT 00010TABLE OF CONTENTS

Page No.

NOVEMBER,2011 00010-i TABLEOFCONTENTS

INTRODUCTORY INFORMATION

SECTION 00001 PROJECT TITLE PAGE ............................................................... COVERSECTION 00010 TABLE OF CONTENTS ........................................................................... iSECTION 00100 NOTICE INVITING BIDS .......................................................................1

BIDDING REQUIREMENTS

SECTION 00200 INSTRUCTIONS TO BIDDERS .............................................................3SECTION 00400 BID FORM .............................................................................................13SECTION 00405 CONTRACTORS CERT. RE WORKERS COMPENSATION .........14SECTION 00410 BID BOND .............................................................................................15SECTION 00420 NON-COLLUSION AFFIDAVIT ..........................................................16SECTION 00440 LIST OF SUBCONTRACTORS FORM................................................17

CONTRACT FORMS

SECTION 00500 CONTRACT ...........................................................................................19SECTION 00610 PERFORMANCE BOND .......................................................................22SECTION 00620 PAYMENT BOND .................................................................................26

CONDITIONS OF THE CONTRACT

SECTION 00700 GENERAL CONDITIONS ....................................................................29ARTICLE 1. DEFINITIONS .......................................................................................29ARTICLE 2. CONTRACT DOCUMENTS ................................................................30ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE ............31ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS ...................................31ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE ..........................32ARTICLE 6. SCHEDULE ...........................................................................................33ARTICLE 7. SUBSTITUTIONS .................................................................................34ARTICLE 8. SHOP DRAWINGS ...............................................................................35ARTICLE 9. SUBMITTALS .......................................................................................35ARTICLE 10. MATERIALS .........................................................................................36ARTICLE 11. CONTRACTORS SUPERVISION ......................................................36ARTICLE 12. WORKERS ............................................................................................36ARTICLE 13. SUBCONTRACTORS ...........................................................................37ARTICLE 14. PERMITS AND LICENSES ..................................................................37ARTICLE 15. UTILITY USAGE ..................................................................................37ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES ........................37ARTICLE 17. TRENCHES ...........................................................................................38ARTICLE 18. DIVERSION OF RECYCLABLE WASTE MATERIALS ..................39


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Page No.

NOVEMBER,2011 00010-ii TABLEOFCONTENTS

ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS ....................................39ARTICLE 20. SANITARY FACILITIES .....................................................................39ARTICLE 21. AIR POLLUTION CONTROL ..............................................................39ARTICLE 22. COMPLIANCE WITH STATE STORM WATER PERMIT ...............39ARTICLE 23. CLEANING UP .....................................................................................40ARTICLE 24. LAYOUT AND FIELD ENGINEERING .............................................41ARTICLE 25. EXCESSIVE NOISE ..............................................................................41ARTICLE 26. TESTS AND INSPECTIONS ................................................................41ARTICLE 27. PROTECTION OF WORK AND PROPERTY .....................................42ARTICLE 28. CONTRACTORS MEANS AND METHODS ......................................44ARTICLE 29. INSPECTORS FIELD OFFICE (NOT USED) ....................................44ARTICLE 30. AUTHORIZED REPRESENTATIVES ................................................44ARTICLE 31. HOURS OF WORK ...............................................................................44ARTICLE 32. PAYROLL RECORDS ..........................................................................45ARTICLE 33. PREVAILING RATES OF WAGES .....................................................47ARTICLE 34. EMPLOYMENT OF APPRENTICES ...................................................47ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT

OPPORTUNITY ....................................................................................48ARTICLE 36. LABOR/EMPLOYMENT SAFETY .....................................................48ARTICLE 37. WORKERS COMPENSATION INSURANCE ...................................48ARTICLE 38. EMPLOYERS LIABILITY INSURANCE ..........................................48ARTICLE 39. COMMERCIAL GENERAL LIABILITY INSURANCE ....................48ARTICLE 40. AUTOMOBILE LIABILITY INSURANCE .........................................49ARTICLE 41. BUILDERS RISK .................................................................................41ARTICLE 42. FORM AND PROOF OF CARRIAGE OF INSURANCE ...................42ARTICLE 43. TIME FOR COMPLETION AND LIQUIDATED DAMAGES ...........51ARTICLE 44. COST BREAKDOWN AND PERIODIC ESTIMATES .......................52ARTICLE 45. MOBILIZATION ...................................................................................53ARTICLE 46. PAYMENTS ..........................................................................................54ARTICLE 47. PAYMENTS WITHHELD AND BACKCHARGES ............................54ARTICLE 48. CHANGES AND EXTRA WORK ........................................................55ARTICLE 49. OCCUPANCY .......................................................................................58ARTICLE 50. INDEMNIFICATION ............................................................................59ARTICLE 51. RECORD (AS BUILT) DRAWINGS ................................................59ARTICLE 52. RESOLUTION OF CONSTRUCTION CLAIMS .................................59ARTICLE 53. VVWRAS RIGHT TO TERMINATE CONTRACT ...........................61ARTICLE 54. WARRANTY AND GUARANTEE ......................................................63ARTICLE 55. DOCUMENT RETENTION & EXAMINATION ................................64ARTICLE 56. SOILS INVESTIGATIONS ...................................................................64ARTICLE 57. SEPARATE CONTRACTS ...................................................................65ARTICLE 58. NOTICE AND SERVICE THEREOF ...................................................65ARTICLE 59. NOTICE OF THIRD PARTY CLAIMS ................................................65ARTICLE 60. STATE LICENSE BOARD NOTICE. ..................................................65


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Page No.

NOVEMBER,2011 00010-iii TABLEOFCONTENTS

ARTICLE 61. INTEGRATION .....................................................................................66ARTICLE 62. ASSIGNMENT ......................................................................................66ARTICLE 63. CHANGE IN NAME AND NATURE OF CONTRACTORS

LEGAL ENTITY ...................................................................................66ARTICLE 64. ASSIGNMENT OF ANTITRUST ACTIONS ......................................66ARTICLE 65. PROHIBITED INTERESTS ..................................................................67ARTICLE 66. LAWS AND REGULATIONS ..............................................................67ARTICLE 67. PATENT FEES OR ROYALTIES. .......................................................67ARTICLE 68. OWNERSHIP OF DRAWING ..............................................................67ARTICLE 69. NOTICE OF TAXABLE POSSESSORY INTEREST ..........................68ARTICLE 70. CONSTRUCTION PROGRESS MEETINGS .......................................68

SECTION 00750 SPECIAL CONDITIONS....................................................................69

TECHNICAL SPECIFICATIONS

PLANS AND DRAWINGS


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SECTION 00100NOTICE INVITING BIDS

NOVEMBER,2011 00100-1 NOTICEINVITINGBIDS

NOTICE INVITING BIDS

The Victor Valley Wastewater Reclamation Authority (VVWRA) will receive sealed bidsfrom Construction Contractors for the Upper Narrows Pipeline Replacement Project at the officeof the VVWRA Administrative Office, 15776 Main Street, Suite 3, Hesperia, CA 92345 no later

than XXXXX XX, 2012 at X:XX p.m., at which time or thereafter said bids will be opened andread aloud. Bids received after this time will be returned unopened. Bids shall be valid for90 calendar days after the bid opening date.

The work includes the furnishing of all labor, materials, and equipment for the construction ofthe Upper Narrows Pipeline Replacement Project (Project). The Project includes constructionof sewer line interceptor segments and their associated manholes and connections to the existingVVWRA sewer interceptor at three separate locations as follows:

ConstructionMethod ApproximateLength of

Sewer Line

InterceptorPipe (LF)

Description

Reach I-A Underneath the Mojave River commencing at the Lewis LearningCenterOpen Trench 120 To connect to existing sewer at MH 4HDD 1744 Reach I-AOpen Trench 53 To connect to Reach I-B and Reach IIReach I-B Underneath the BNSF Railroad at the Kemper Campbell RanchOpen Trench 159 To connect to Reach I-A and Reach IIBore & Jack 106 Reach I-BOpen Trench 41 To connect to existing sewer between existing MHVV 5-8 and VV 5-9Reach II Through the Upper Narrows Formation from the Kemper CampbellRanch to Downtown Victorville

Tunnel 2664 Reach IIOpen Trench 138 To connect to Reach I-A and Reach I-BReach III Through Downtown Victorville, C St, 7 th St, and D St.Open Trench 1066 Reach IIIReach IV Underneath the BNSF Railroad

Bore & Jack

143

Reach IVReach V Through Private Lands

Open Trench 195 To connect to existing sewer between existing MH4-26 & 4-25


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The Contractor shall perform all work and incidental work associated with the installation of thenew sewer line interceptor required but not mentioned. The Project also includesdecommissioning of VVWRAs emergency temporary bypass pumping station at the completionof construction, and abandonment of select portions of their existing system. The Contract shallbe responsible for design of any additional bypass pumping and piping systems, temporarycontrol and handling of sewage, maintaining public health and control of odor and noise.

Bids must be submitted on VVWRAs Bid Forms, Sections 00400, 00405, 00410, 00420 and00440 of this document.

Bidders may obtain a copy of the Contract Documents from All Valley Reprographics &Planroom, Inc., 15353 Anacapa Road, Suite 1, Victorville, CA 92392 during normal businesshours, telephone number (760) 243-2111, for Seventy-Five Dollars ($75.00). An additionalcharge of thirty dollars ($30.00) will be required of any bidder who requests that the ContractDocuments be mailed within California (costs for out-of-state mailings will be higher).VVWRA will not make the Contract Documents available for review at one or more plan rooms.

A mandatory Pre-Bid Conference will be held at VVWRA Administrative Office for theUpper Narrows Pipeline Replacement Project on the following date and time:XXXXX XX, 2012at X:XX a.m. Each and every Bidder must attend the Pre-Bid Conference.Bids will not be accepted from any bidder who did not attend the Pre-Bid Conference.

Bids must be accompanied by cash, a certified or cashiers check, or a Bid Bond in favor ofVVWRA in an amount not less than ten percent (10%) of the submitted Total Bid Price, the non-collusion affidavit, the list of proposed subcontractors, and all additional documentation requiredby the Instructions to Bidders.

The successful bidder will be required to furnish VVWRA with a Performance Bond equal to100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to

execution of the Contract. All bonds are to be secured from a surety that meets all of the State ofCalifornia bonding requirements, as defined in Code of Civil Procedure Section 995.120, and isadmitted by the State of California.

Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certainsecurities for funds withheld by VVWRA to ensure his performance under the Contract.

The Director of Industrial Relations has determined the general prevailing rate of per diem wagesin the locality in which this work is to be performed for each craft or type of worker needed toexecute the Contract which will be awarded to the successful bidder, copies of which are on fileand will be made available to any interested party upon request at the VVWRA AdministrativeOffice or online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the

successful bidder at the job site. The successful bidder and all subcontractor(s) under him, shallcomply with all applicable Labor Code provisions, which include, but are not limited to thepayment of not less than the required prevailing rates to all workers employed by them in theexecution of the Contract, the employment of apprentices, the hours of labor and the debarmentof contractors and subcontractors.

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code andshall be licensed in the following appropriate classification(s) of contractors license(s), for thework bid upon, and must maintain the license(s) throughout the duration of the Contract:


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California Class A General Engineering Contractor

Pursuant to Public Contract Code Section 3400(b), if VVWRA has made any findingsdesignating certain materials, products, things, or services by specific brand or trade name, suchfindings and the materials, products, things, or services and their specific brand or trade names

will be set forth in the Special Conditions.

Award of Contract: VVWRA shall award the Contract for the Project to the lowest responsive,responsible bidder as determined from the base bid alone by VVWRA. VVWRA reserves theright to reject any or all bids or to waive any irregularities or informalities in any bids or in thebidding process.

FUNDING SOURCES

Funding for this project comes from a Public Assistance Grant through FEMA and Cal EMA.Funding is expected to be the following:

Source Percentage

FEMA 75%

Cal EMA 18.75%

VVWRA 6.25%

ADVERTISE

High Desert Daily Press: XXXXX XX, 2012 to XXXXX XX, 2012

MANDATORY PREBID CONFERENCE: XXXXX XX, 2012 at X:XX a.m.

CLOSE OF QUESTIONS: XXXXX XX, 2012 at X:XX p.m.

BID OPENING: XXXXX XX, 2012 at X:XX p.m.

END OF NOTICE INVITING BIDS


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SECTION 00200INSTRUCTIONS TO BIDDERS

NOVEMBER, 2011 00200-4 INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

1. AVAILABILITY OF CONTRACT DOCUMENTS/ FUNDING REQUIREMENTS

Bids must be submitted to VVWRA on the Bid Forms which are a part of the Bid Package forthe Project. Prospective bidders may obtain one (1) complete set of Contract Documents at nocost. Contract Documents may be obtained from VVWRA at the location(s) and at the time(s)indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone inadvance to determine the availability of Contract Documents. Any applicable charges for theContract Documents are outlined in the Notice Inviting Bids.

VVWRA may also make the Contract Documents available for review at one or more planrooms, as indicated in the Notice Inviting Bids. Please Note: VVWRA will not make plansavailable at any plan rooms.

2. EXAMINATION OF CONTRACT DOCUMENTS

VVWRA has made copies of the Contract Documents available, as indicated above. Biddersshall be solely responsible for examining the Project Site and the Contract Documents, includingany Addenda issued during the bidding period, and for informing itself with respect to local laboravailability, means of transportation, necessity for security, laws and codes, local permitrequirements, wage scales, local tax structure, contractors licensing requirements, availabilityof required insurance, and other factors that could affect the Work. Bidders are responsible forconsulting the standards referenced in the Contract. Failure of Bidder to so examine and informitself shall be at its sole risk, and no relief for error or omission will be given except as requiredunder State law.

3. INTERPRETATION OF CONTRACT DOCUMENTS

Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents,questions or requests for clarifications as to their meaning shall be immediately brought to theattention of Luanne Bean, Project Manager by submission of a written request for aninterpretation or correction to VVWRA. Such submission, if any, must be sent to Luanne Beanby faxing (949) 809-5010 or emailing to [email protected] no later thanXXXXX XX, 2012 at X:XX p.m. Pacific Daylight Time.

Any interpretation of the Contract Documents will be made only by written addenda duly issuedand mailed or delivered to each person or firm who has purchased a set of Contract Documents.

VVWRA will not be responsible for any explanations or interpretations provided in any othermanner. No person is authorized to make any oral interpretation of any provision in the ContractDocuments to any bidder, and no bidder should rely on any such oral interpretation.

Bids shall include complete compensation for all items that are noted in the Contract Documentsas the responsibility of the Contractor.


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4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK

Each prospective bidder is responsible for fully acquainting itself with the conditions of theProject Site (which may include more than one site), as well as those relating to the construction

and labor of the Project, to fully understand the facilities, difficulties and restrictions which mayimpact the cost or effort required to complete the Project. To this end, a Pre-Bid Conference andSite Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.

5. ADDENDA

VVWRA reserves the right to revise the Contract Documents prior to the bid opening date.Revisions, if any, shall be made by written Addenda. All Addenda issued by VVWRA shall beincluded in the bid and made part of the Contract Documents. Pursuant to Public Contract CodeSection 4104.5, if VVWRA issues an Addendum which includes material changes to the Projectless than 72 hours prior to the deadline for submission of bids, VVWRA will extend the deadline

for submission of bids. VVWRA may determine, in its sole discretion, whether an Addendumwarrants postponement of the bid submission date. Each prospective bidder shall provideVVWRA a name, address and facsimile number to which Addenda may be sent, as well as atelephone number by which VVWRA can contact the bidder. Copies of Addenda will befurnished by facsimile, first class mail, express mail or other proper means of delivery withoutcharge to all parties who have obtained a copy of the Contract Documents and provided suchcurrent information. Please Note: Bidders are responsible for ensuring that they have receivedany and all Addenda. To this end, each bidder should contact Luanne Bean, by phone at(949) 809-5179 to verify that he has received all Addenda issued, if any, prior to the bid opening.

6. BASIS OF AWARD: BASE BID

The lowest bid will be determined on the basis of the base bid only.

7. COMPLETION OF BID FORMS

Bids shall only be prepared using copies of the Bid Forms which are included in the ContractDocuments. The use of substitute bid forms other than clear and correct photocopies of thoseprovided by VVWRA will not be permitted. Bids shall be executed by an authorized signatoryas described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces(including inserting N/A where applicable) and initial all interlineations, alterations, orerasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printedmatter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK,

INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. Deviations in the bid form mayresult in the bid being deemed non-responsive.

8. MODIFICATIONS OF BIDS

Each Bidder shall submit its Bid in strict conformity with the requirements of the ContractDocuments. Unauthorized additions, modifications, revisions, conditions, limitations, exclusionsor provisions attached to a Bid may render it non-responsive and may cause its rejection.


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Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, normake substitutions thereon. Oral, telephonic and electronic modifications will not be considered,unless the Notice Inviting Bids authorizes the submission of electronic bids and modificationsthereto and such modifications are made in accordance with the Notice Inviting Bids.

9. DESIGNATION OF SUBCONTRACTORS

Pursuant to State law, the Bidders must designate the name and location of each subcontractorwho will perform work or render services for the Bidder in an amount that exceeds one-half ofone percent (1/2%) of the Bidders Total Bid Price, as well as the portion of work each suchsubcontractor will perform on the form provided herein by VVWRA. No additional time will beprovided to bidders to submit any of the requested information in the Designation ofSubcontractor form.

10. LICENSING REQUIREMENTS

Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of thePublic Contract Code, all bidders must possess proper licenses for performance of this Contract.Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuantto Section 7028.5 of the Business and Professions Code, VVWRA shall consider any bidsubmitted by a contractor not currently licensed in accordance with state law and pursuant to therequirements found in the Contract Documents to be non-responsive, and VVWRA shall rejectthe Bid. VVWRA shall have the right to request, and Bidders shall provide within five (5)calendar days, evidence satisfactory to VVWRA of all valid license(s) currently held by thatBidder and each of the Bidders subcontractors, before awarding the Contract.

11. SEPARATE BID ITEM FOR SHEETING, SHORING, ETC. (L.C. 6707)

Bids shall include a separate bid item for adequate sheeting, shoring, and bracing, or equivalentmethod, for the protection of life or limb, which shall conform to applicable safety orders.

12. SIGNING OF BIDS

All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders maybe asked to provide evidence in the form of an authenticated resolution of its Board of Directorsor a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidderto each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power ofAttorney executed by each joint venturer or partner appointing and designating one of the jointventurers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only thatjoint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorizethat particular joint venturer or partner to act for and bind Bidder in all matters relating to theBid; and (2) provide that each venturer or partner shall be jointly and severally liable for any andall of the duties and obligations of Bidder assumed under the Bid and under any Contract arising


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therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of thejoint venture or partnership in its legal name.

13. BID GUARANTEE (BOND)

Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to VVWRA; (c)a cashiers check made payable to VVWRA; or (d) a bid bond payable to VVWRA executed bythe bidder as principal and surety as obligor in an amount not less than 10% of the maximumamount of the bid. Personal sureties and unregistered surety companies are unacceptable. Thesurety insurer shall be California admitted surety insurer, as defined in Code of Civil ProcedureSection 995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shallexecute the Contract if it be awarded to the bidder, shall provide the payment and performancebonds and insurance certificates and endorsements as required herein within ten (10) calendardays after notification of the award of the Contract to the bidder. Failure to provide the requireddocuments may result in forfeiture of the bidders bid deposit or bond to VVWRA and VVWRA

may award the Contract to the next lowest, responsive and responsible bidder, or may call fornew bids.

14. SUBMISSION OF SEALED BIDS

Once the Bid and supporting documents have been completed and signed as set forth herein, theyshall be placed, along with the Bid Guarantee and other required materials in an envelope,sealed, addressed and delivered or mailed, postage prepaid to VVWRA at the place and to theattention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will beconsidered. No forms transmitted via the internet, e-mail, facsimile, or any other electronicmeans will be considered unless specifically authorized by VVWRA as provided herein. Theenvelope shall also contain the following in the lower left-hand corner thereof:

Bid of (Bidders Name)for the Upper Narrows Pipeline Replacement Project

Only where expressly permitted in the Notice Inviting Bids, may Bidders submit their bids viaelectronic transmission pursuant to Public Contract Code Sections 1600 and 1601. Theacceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids.VVWRA reserves the right to not accept electronically transmitted bids where not specificallyauthorized in the Notice Inviting Bids, and may reject any bid not strictly complying withVVWRAs designated methods for delivery.

15. DELIVERY AND OPENING OF BIDS

Bids will be received by VVWRA at the address shown in the Notice Inviting Bids up to the dateand time shown therein. VVWRA will leave unopened any Bid received after the specified dateand time, and any such unopened Bid will be returned to the Bidder. It is the Bidders soleresponsibility to ensure that its Bid is received as specified. Bids may be submitted earlier thanthe dates(s) and time(s) indicated.


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Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount ofeach Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening ofBids. VVWRA may in its sole discretion, elect to postpone the opening of the submitted Bids.VVWRA reserves the right to reject any or all Bids and to waive any informality or irregularity

in any Bid. In the event of a discrepancy between the written amount of the Bid Price and thenumerical amount of the Bid Price, the written amount shall govern.

16. WITHDRAWAL OF BID

Prior to bid opening, a Bid may be withdrawn by the Bidder only by means of a written requestsigned by the Bidder or its properly authorized representative.

17. BASIS OF AWARD; BALANCED BIDS

VVWRA shall award the Contract to the lowest responsible Bidder submitting a responsive Bid.VVWRA may reject any Bid which, in its opinion when compared to other bids received or toVVWRAs internal estimates, does not accurately reflect the cost to perform the Work.VVWRA may reject as non-responsive any bid which unevenly weights or allocates costs,including but not limited to overhead and profit to one or more particular bid items.

18. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID

No bidder shall be allowed to make, submit or be interested in more than one bid. However, aperson, firm, corporation or other entity that has submitted a subproposal to a bidder, or that hasquoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposalor quoting prices to other bidders submitting a bid to VVWRA. No person, firm, corporation, orother entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when

also submitting a prime bid on the same Project.

19. INSURANCE REQUIREMENTS

The successful bidder shall procure the insurance in the form and in the amount specified in theContract Documents.

20. AWARD PROCESS

Once all Bids are opened and reviewed to determine the lowest responsive and responsibleBidder, the VVWRA Board of Commissioners may award the contract. The apparent successfulBidder should begin to prepare the following documents: (1) the Performance Bond; (2) thePayment Bond; and (3) the required insurance certificates and endorsements. Once VVWRAnotifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days fromthe date of this notification to execute the Contract and supply VVWRA with all of the requireddocuments and certifications. Regardless whether the Bidder supplies the required documentsand certifications in a timely manner, the Contract time will begin to run ten (10) calendar daysfrom the date of the notification. Once VVWRA receives all of the properly drafted and


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executed documents and certifications from the Bidder, VVWRA shall issue a Notice to Proceedto that Bidder.

21. FILING OF BID PROTESTS

Bidders may file a protest of a Bid with Andrew Gilmore. In order for a Bidders protest to beconsidered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the bid opening date;

B. Clearly identify the specific irregularity or accusation;

C. Clearly identify the specific determination or recommendation being protested;

D. Specify, in detail, the grounds of the protest and the facts supporting the protest;and

E. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, it will be rejected as invalid.

If the protest is valid, VVWRAs Construction Manager Chris Anthony, or other designatedVVWRA staff member, shall review the basis of the protest and all relevant information. TheConstruction Manager will provide a written decision to the protestor. The protestor may thenappeal the decision of the Construction Manager to VVWRA General Manager, Logan Olds.

22. WORKERS COMPENSATION

Each bidder shall submit the Contractors Certificate Regarding Workers Compensation form.

23. SUBSTITUTION OF SECURITY

The Contract Documents call for monthly progress payments based upon the percentage of thework completed. VVWRA will retain ten percent (10%) of each progress payment as providedby the Contract Documents. At the request and expense of the successful Bidder, VVWRA willsubstitute securities for the amount so retained in accordance with Public Contract Code Section22300.

24. PREVAILING WAGES

VVWRA has obtained from the Director of the Department of Industrial Relations the generalprevailing rate of per diem wages in the locality in which this work is to be performed for eachcraft or type of worker needed to execute the Contract. These rates are on file and available atthe VVWRA Administrative Office or may be obtained online at http://www.dir.ca.gov/dlsr.Bidders are advised that a copy of these rates must be posted by the successful Bidder at the jobsite.


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25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

In accordance with the provisions of the Labor Code, contractors or subcontractors may notperform work on a public works project with a subcontractor who is ineligible to perform work

on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Anycontract on a public works project entered into between a contractor and a debarredsubcontractor is void as a matter of law. A debarred subcontractor may not receive any publicmoney for performing work as a subcontractor on a public works contract. Any public moneythat is paid to a debarred subcontractor by the Contractor for the Project shall be returned toVVWRA. The Contractor shall be responsible for the payment of wages to workers of adebarred subcontractor who has been allowed to work on the Project.

26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS

Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded

shall deliver to VVWRA four identical counterparts of the Performance Bond and Payment Bondin the forms supplied by VVWRA and included in the Contract Documents. Failure to do somay, in the sole discretion of VVWRA, result in the forfeiture of the Bid Guarantee. The suretysupplying the bond must be an admitted surety insurer, as defined in Code of Civil ProcedureSection 995.120, authorized to do business as such in the State of California and satisfactory toVVWRA. The Performance Bond and the Payment Bond shall be for one hundred percent(100%) of the Total Bid Price.

27. REQUEST FOR SUBSTITUTIONS

The successful bidder shall comply with the substitution request provisions set forth in theGeneral Conditions, including any deadlines for substitution requests which may occur prior to

the bid opening date.

28. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES

Contractor and its subcontractors performing work under this Contract will be required to payCalifornia sales tax and other applicable taxes, and to pay for permits, licenses and fees requiredby the agencies with authority in the jurisdiction in which the work will be located, unlessotherwise expressly provided by the Contract Documents.

29. EXECUTION OF CONTRACT

As required herein the Bidder to whom an award is made shall execute the Contract in theamount determined by the Contract Documents. VVWRA may require appropriate evidence thatthe persons executing the Contract are duly empowered to do so.

END OF INSTRUCTIONS TO BIDDERS


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SECTION 00400BID FORM

NOVEMBER,2011 00400-11 BIDFORM

BID FORM

NAME OF BIDDER:

The undersigned, hereby declare that we have carefully examined the location of the proposedWork, and have read and examined the Contract Documents, including all plans, specifications,and all addenda, if any, for the following Project:

UPPER NARROWS PIPELINE REPLACEMENT PROJECT

We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services,and to discharge all duties and obligations necessary and required to perform and complete theProject for the following TOTAL BID PRICE:

ItemNo.

Description EstimatedQuantity

Unit ofMeasu

re

Unit Price (InFigures)

TotalPrice (InFigures)

Permanent Items

Reach I-A - HDD Siphon Under River and Railroad

0ASewage Collection piping FPVC15" Dia

11.00 LF

0BTrench Excavation - Trench Box(20' to 24'), 14 Feet Deep, 1-

1/2CY Excavator

28.00 CY

0CBackfill Excavated Trench - 1 CYBucket, Compacted

27.00 CY

0DManhole MH AV-3A (4'-0" (48")Inside Dia MH, 14 VLF)

1.00 EA

0ESewage Collection piping HDPE26" Dia

110.00 LF

0FTrench Excavation - Trench Box(20' to 24'), 12 to 14 Feet Deep,1-1/2CY Excavator

313.00 CY

0GBackfill Excavated Trench - 1 CYBucket, Compacted

298.00 CY

2

Siphon Inlet Structure MH AVS-2

(6'-0" (72") Inside Dia MH, 12VLF)

1.00 EA

1Horizontal Directional Drill Boring,16" DR18 FPVC, 1,744 LF

1.00 LS

3Siphon Outlet Structure MH-AVS-1 (6'-0" (72") Inside Dia MH, 20VLF)

1.00 EA

3ASewage Collection piping HDPE26" Dia

53.00 LF


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ItemNo.

DescriptionEstimatedQuantity

Unit ofMeasu

re



3BTrench Excavation - Trench Box(20' to 24'), 19 Feet Deep, 1-

1/2CY Excavator

217.00 CY


210.00 CY

Reach I-B - Bore & Jack (connect Upstream Schedule V to Tunnel)

4A

Manhole MH VV-5-9 (7'-0" (84")Inside Dia MH, 15 VLF), Connectto Exist VVWRA InterceptorSewer

1.00 EA

4BSewage Collection piping HDPE48" Dia

41.00 LF

4CTrench Excavation - Trench Box(20' to 24'), 14 to19 Feet Deep, 1-1/2CY Excavator

201.00 CY

4DBackfill Excavated Trench - 1 CYBucket, Compacted

182.00 CY

4EManhole MH UNI-11 (7'-0" (84")Inside Dia MH, 19 VLF)

1.00 EA

4Horizontal Boring, 60" Casing(0.781" Thick Min)

94.00 LF

5Sewage Collection piping HDPE48" Dia

106.00 LF

5AManhole MH UNI-10 (7'-0" (84")

Inside Dia MH, 20 VLF)

1.00 EA

5BSewage Collection piping HDPE48" Dia

159.00 LF

5CTrench Excavation - Trench Box(20' to 24'), 19 to 20 Feet Deep,1-1/2CY Excavator

880.00 CY

5DBackfill Excavated Trench - 1 CYBucket, Compacted

808.00 CY


1.00 EA

Reach II - Tunnel

7ASewage Collection piping HDPE48" Dia

138.00 LF

7BTrench Excavation - Trench Box(20' to 24'), 19 Feet Deep, 1-1/2CY Excavator

795.00 CY


729.00 CY

9ATunneling Shaft - Excavation,Shoring & Backfill (in KemperCampbell Ranch)

1.00 EA

7DManhole MH UNI-8 (7'-0" (84")Inside Dia MH, 19 VLF)

1.00 EA


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ItemNo.


Unit ofMeasu

re



7Tunnel, 66" Casing (0.750" ThickMin), Grout & Backfill

2,624.00 LF


2,664.00 LF

9BTunneling Shaft - Excavation,Shoring & Backfill (in C Street)

1.00 EA

Reach III - Open Trench

10AManhole MH UNI-7 (7'-0" (84")Inside Dia MH, 32 VLF)

1.00 EA


1,067.00 LF

11

Trench Excavation - Shored (20'to 25'), 24 to 31 Feet Deep,5.5CY Hydraulic Excavator (fromManhole MH UNI-7 to STA108+69)

4,562.00 CY

11A

Trench Excavation - Trench Box(20' to 24'), 19 to 24 Feet Deep,1-1/2CY Excavator (from STA108+69 to Manhole MH UNI-2)

3,157.00 CY

12Backfill Excavated Trench - 1 CYBucket, Compacted

7,247.00 CY

14BTrench Pavement - Subbase (1-1/2 inch Stone), Compacted

949.00 SY

14BTrench Pavement - Base (3/4inch Stone), Compacted 1,186.00 SY

14BAsphalt Paving - Plant-Mix overtrench (4 inches Thick)

1,186.00 SY

14BAsphalt Hauling (16.5 CY Truck,45 MPH Avg, 8 mile route)

132.00 CY

14 Manholes

14CManhole MH UNI-6 (7'-0" (84")Inside Dia MH,31 VLF)

1.00 EA

14DManhole MH UNI-5 (7'-0" (84")Inside Dia MH, 28 VLF)

1.00 EA


1.00 EA

14F Manhole MH UNI-3 (7'-0" (84")Inside Dia MH, 20 VLF) 1.00 EA

Reach IV - Bore & Jack Under Railroad


1.00 EA

15Horizontal Boring, 60" Casing(0.781" Thick Min)

126.00 LF


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ItemNo.


Unit ofMeasu

re




143.00 LF


1.00 EA

Reach V - Open Trench


195.00 LF

19Trench Excavation - Trench Box(20' to 24'), 15 to 18 Feet Deep,1-1/2CY Excavator

934.00 CY

20Backfill Excavated Trench - 1 CYBucket, Compacted

843.00 CY

22

Manhole MH VV-4-25A (7'-0"(84") Inside Dia MH, 15 VLF),Connect to Exist VVWRAInterceptor Sewer

1.00 EA

Uncompleted Non-Permanent Items

6Bore and Jack Pits and Shoring -Reach I-B

1.00 LS

13 Sheeting, Shoring & Bracing 31,088.00 SF

17Bore and Jack Pits and Shoring -Reach IV

1.00 LS

23

Remove Existing Emergency

Bypass System 1.00 LS24 Remove Existing Pipe Bridge 1.00 LS

25 Temporary Fencing 3,650.00 LF

26 SWPPP 1.00 LS

27 BMPs 1.00 LS

28 Dewatering 1.00 LS

29 Flagman for BNSF Railroad 1.00 LS

30Water Treatment - FiltrationEquipment

1.00 LS

31 Traffic Control 1.00 LS

TOTAL BID PRICE SUM OF ITEMSabove. $__________

TOTAL BID PRICE (WRITTEN FORM):

In case of discrepancy between the written price and the numerical price, the written price shallprevail.


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The undersigned agrees that this Bid Form constitutes a firm offer to VVWRA which cannot bewithdrawn for the number of calendar days indicated in the Notice Inviting Bids from and afterthe bid opening, or until a Contract for the Work is fully executed by VVWRA and a third party,whichever is earlier.

The Contract duration shall commence on the date stated in VVWRAs Notice to Proceed, andshall be completed by the Contractor in the time specified in the Contract Documents. In no caseshall the Contractor commence construction prior to the date stated in VVWRAs Notice toProceed.

Bidder certifies that it is licensed in accordance with the law providing for the registration ofContractors, License No. _________, Expiration Date _______, class of license _____. If thebidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following

addenda to the Contract Documents.

Addenda No. _______________________

Addenda No. _______________________

Addenda No. _______________________

1. Attached is the required bid security in the amount of not less than 10% of the Total BidPrice.

2. Attached is the fully executed Non-Collusion Affidavit form.

3. Attached is the completed Designation of Subcontractors form.4. Attached is the completed Bidder Information Form.5. Attached is the completed Contractors Certificate Regarding Workers Compensation

form.


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I hereby certify under penalty of perjury under the laws of the State of California, that all of theinformation submitted in connection with this Bid and all of the representations made herein aretrue and correct.

Name of Bidder

Signature

Name and Title

Dated

END OF BID FORM


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SECTION 00405CONTRACTORS CERTIFICATE REGARDING WORKERS COMPENSATION

NOVEMBER, 2011 00405-17 CONTRACTORS CERTIFICATEREGARDING WORKERS COMPENSATION

CONTRACTORS CERTIFICATE REGARDING WORKERS COMPENSATION

I am aware of the provisions of Section 3700 of the Labor Code which require every employer tobe insured against liability for workers compensation or to undertake self-insurance in accordance

with the provisions of that code, and I will comply with such provisions before commencing theperformance of the work of this Contract.

Name of Bidder

Signature

Name

Title

Dated

END OF CONTRACTORS CERTIFICATE REGARDING WORKERS COMPENSATION


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SECTION 00410BID BOND

NOVEMBER,2011 00410-18 BIDBOND

BIDBOND

The makers of this bond are, ___________________________________________________________________________, as Principal, and _______________

___________________________________________, as Surety and are held and firmly boundunto the Victor Valley Wastewater Reclamation Authority, hereinafter called VVWRA, in thepenal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted toVVWRA for the work described below, for the payment of which sum in lawful money of theUnited States, well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors and assigns, jointly and severally, firmly by these presents.

If the Principal does not withdraw its bid within the time specified in the ContractDocuments; and if the Principal is awarded the Contract and provides all documents to VVWRAas required by the Contract Documents; then this obligation shall be null and void. Otherwise,this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the Contract Documents shall in affect its obligation underthis bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by VVWRA and judgment is recovered,the Surety shall pay all litigation expenses incurred by VVWRA in such suit, includingreasonable attorneys fees, court costs, expert witness fees and expenses.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument undertheir several seals this _____ day of ________________, 20____, the name and corporate seal ofeach corporation.

(Corporate Seal)Contractor/ Principal

By

Title

(Corporate Seal) Surety

ByAttorney-in-Fact

(Attach Attorney-in-Fact Certificate) Title


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SECTION 00410BID BOND

NOVEMBER,2011 00410-19 BIDBOND

STATE OF CALIFORNIA)) ss.

CITY OF ___________)

On this ________ day of ___________________, in the year 20__, before me,___________________________, a Notary Public in and for said state, personally appeared_________________________________, who proved to me on the basis of satisfactory evidenceto be the person(s) whose name(s) is/are subscribed to the within instrument as the Attorney-In-Fact of the (Surety) acknowledged to me that he/she executed the same in his/her authorizedcapacity, and subscribed the name of the ___________________________ (Surety) thereto andhis/her own name as Attorney-In-Fact.

I certify under penalty of perjury under the laws of the State of California that theforegoing paragraph is true and correct.

WITNESS my hand and official seal.

NotaryPublic in and for said State

(SEAL)

Commission expires: _______________

NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company mustbe attached hereto.


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SECTION 00420NON-COLLUSION AFFIDAVIT

NOVEMBER,2011 00420-20 NON-COLLUSIONAFFIDAVIT

NON-COLLUSION AFFIDAVIT

I, being first duly sworn, deposes and says that he is,of _____________________ the party making the attached bid;

that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,company, association, organization, or corporation; that the bid is genuine and not collusive orsham; that the bidder has not directly or indirectly induced or solicited any other bidder to put ina false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreedwith any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;that the bidder has not in any manner, directly or indirectly, sought by agreement,communication, or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or tosecure any advantage against the public body awarding the contract of anyone interested in theproposed contract; that all statements contained in the bid are true; and, further, that the bidderhas not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the

contents thereof, or divulged information or data relative thereto, or paid, and will not pay, anyfee to any corporation, partnership, company association, organization, bid depository, or to anymember or agent thereof to effectuate a collusive or sham bid.

I certify (or declare) under penalty of perjury under the laws of the State of California

that the foregoing is true and correct.

Name of Bidder

Signature

Name

Title

Dated

END OF NON-COLLUSION AFFIDAVIT


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SECTION 00440LIST OF SUBCONTRACTORS FORM

NOVEMBER,2011 00440-21 LISTOFSUBCONSTRACTORSFORM

LIST OF SUBCONTRACTORS FORM

In compliance with the Subletting and Subcontracting Fair Practices Act of the PublicContract Code of the State of California, each bidder shall set forth below: (a) the name and the

location of the place of business and (b) the portion of the work which will be done by eachsubcontractor who will perform work or labor or render service to the Contractor in or about theconstruction of the work in an amount in excess of one-half of one percent (1/2%) of theContractors Total Bid Price. Notwithstanding the foregoing, if the work involves streets andhighways, then the Contractor shall list each subcontractor who will perform work or labor orrender service to Contractor in or about the work in an amount in excess of one-half of onepercent (1/2%) of the Contractors Total Bid Price or $10,000, whichever is greater. Noadditional time shall be granted to provide the below requested information.

If no subcontractor is specified, for a portion of the work, or if more than onesubcontractor is specified for the same portion of Work, to be performed under the Contract in

excess of one-half of one percent (1/2%) of the Contractors Total Bid Price, then the Contractorshall be deemed to have agreed that it is fully qualified to perform that Work, and that it shallperform that portion itself.

Portion of Work Subcontractor Location of Business


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SECTION 00440LIST OF SUBCONTRACTORS FORM

NOVEMBER,2011 00440-22 LISTOFSUBCONSTRACTORSFORM

Portion of Work Subcontractor Location of Business

Name of Bidder

Signature

Name and Title

Dated

END OF LIST OF SUBCONTRACTORS FORM


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SECTION 00500CONTRACT

NOVEMBER,2011 00500-23 CONTRACT

CONTRACT

THIS CONTRACT is made this _____ day of _________, 2011, in the County of SanBernardino, State of California, by and between the Victor Valley Wastewater Reclamation

Authority hereinafter called VVWRA, and ______________________________, hereinaftercalled Contractor. VVWRA and the Contractor for the considerations stated herein agree asfollows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the timestipulated the Contract and shall provide all labor, materials, equipment, tools, utility services,and transportation to complete all of the Work required in strict compliance with the ContractDocuments as specified in Article 5 below for the following Project:

UPPER NARROWS PIPELINE REPLACEMENT PROJECT

The Contractor and its surety shall be liable to VVWRA for any damages arising as a result ofthe Contractors failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date statedin VVWRAs Notice to Proceed. The Contractor shall complete all Work required by theContract Documents within 270calendar days from the commencement date stated in the Noticeto Proceed. By its signature hereunder, Contractor agrees the time for completion set forth aboveis adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. VVWRA shall pay to the Contractor as full compensationfor the performance of the Contract, subject to any additions or deductions as provided in theContract Documents, and including all applicable taxes and costs, the sum of

_____________________________________________________________________Dollars($_________________________________). Payment shall be made as set forth in the GeneralConditions.

ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code Section53069.85, it is agreed that the Contractor will pay VVWRA the sum of $500.00 for each andevery calendar day of delay beyond the time prescribed in the Contract Documents for finishingthe Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid,the Contractor agrees VVWRA may deduct that amount from any money due or that maybecome due the Contractor under the Contract. This Article does not exclude recovery of otherdamages specified in the Contract Documents.


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ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The Contract Documentsinclude the following:

Notice Inviting Bids

Instructions to BiddersBid FormContractors Certificate Regarding Workers CompensationBid BondDesignation of SubcontractorsNon-Collusion Affidavit formContractPerformance BondPayment BondGeneral ConditionsSpecial Conditions

Technical SpecificationsAddendaPlans (Contract Drawings)Approved and fully executed change ordersAny other documents contained in or incorporated into the Contract

The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of theContract Documents and not by others shall be done as if required by all. This Contract shallsupersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of lawrequired to be included in these Contract Documents shall be deemed to be included in theseContract Documents. The Contractor shall comply with all requirements of applicable federal,state and local laws, rules and regulations, including but not limited to the provisions of theCalifornia Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth inthe General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rateof wages in accordance with the Labor Code which such rates shall be made available at the

VVWRA Administrative Office or may be obtained online at http//www.dir.ca.gov/dlsr. andwhich must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-namedparties, on the day and year above written.


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____________________________________

[NAME OF CONTRACTOR]

By _________________________________

Name and Title: ______________________

License No. ___________________________

VICTOR VALLEY WASTEWATERRECLAMATION AUTHORITY

By______________________________Logan Olds

General Manager

END OF CONTRACT


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SECTION 00610PERFORMANCE BOND

NOVEMBER,2011 00610-26 PERFORMANCEBOND

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, ___________________________ (hereinafter referred to as VVWRA)has awarded to ____________________, (hereinafter referred to as the Contractor)_______________________ an agreement for the Upper Narrows Pipeline Replacement Project(hereinafter referred to as the Project).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in theContract Documents for the Project dated ________________, (hereinafter referred to asContract Documents), the terms and conditions of which are expressly incorporated herein byreference; and

WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereofand to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and_____________________________________________ as Surety, a corporation organized andduly authorized to transact business under the laws of the State of California, are held and firmlybound unto VVWRA in the sum of ___________________________ DOLLARS,($____________), said sum being not less than one hundred percent (100%) of the total amountof the Contract, for which amount well and truly to be made, we bind ourselves, our heirs,executors and administrators, successors and assigns, jointly and severally, firmly by thesepresents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,

executors, administrators, successors or assigns, shall in all things stand to and abide by, andwell and truly keep and perform the covenants, conditions and agreements in the ContractDocuments and any alteration thereof made as therein provided, on its part, to be kept andperformed at the time and in the manner therein specified, and in all respects according to theirintent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee ofall materials and workmanship; and shall indemnify and save harmless VVWRA, its officers andagents, as stipulated in said Contract Documents, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees including reasonable attorneys

fees, incurred by VVWRA in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unlessotherwise provided for in the Contract Documents, the above obligation shall hold good for aperiod of one (1) year after the acceptance of the work by VVWRA, during which time ifContractor shall fail to make full, complete, and satisfactory repair and replacements and totallyprotect VVWRA from loss or damage resulting from or caused by defective materials or faultyworkmanship. The obligations of Surety hereunder shall continue so long as any obligation of


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Contractor remains. Nothing herein shall limit VVWRAs rights or the Contractor or Suretysobligations under the Contract, law or equity, including, but not limited to, California Code ofCivil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by VVWRA to be, in default under the ContractDocuments, the Surety shall remedy the default pursuant to the Contract Documents, or shallpromptly, at VVWRAs option:

(1) Take over and complete the Project in accordance with all terms and conditions inthe Contract Documents; or

(2) Obtain a bid or bids for completing the Project in accordance with all terms andconditions in the Contract Documents and upon determination by Surety of thelowest responsive and responsible bidder, arrange for a Contract between suchbidder, the Surety and VVWRA, and make available as work progresses sufficient

funds to pay the cost of completion of the Project, less the balance of the contractprice, including other costs and damages for which Surety may be liable. Theterm balance of the contract price as used in this paragraph shall mean the totalamount payable to Contractor by VVWRA under the Contract and anymodification thereto, less any amount previously paid by VVWRA to theContractor and any other set offs pursuant to the Contract Documents.

(3) Permit VVWRA to complete the Project in any manner consistent with Californialaw and make available as work progresses sufficient funds to pay the cost ofcompletion of the Project, less the balance of the contract price, including othercosts and damages for which Surety may be liable. The term balance of thecontract price as used in this paragraph shall mean the total amount payable toContractor by VVWRA under the Contract and any modification thereto, less anyamount previously paid by VVWRA to the Contractor and any other set offspursuant to the Contract Documents.

Surety expressly agrees that VVWRA may reject any contractor or subcontractor which may beproposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid fromContractor for completion of the Project if VVWRA, when declaring the Contractor in default,notifies Surety of VVWRAs objection to Contractors further participation in the completion ofthe Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the Contract Documents or to the Project to be performedthereunder shall in any way affect its obligations on this bond, and it does hereby waive notice ofany such change, extension of time, alteration or addition to the terms of the Contract Documentsor to the Project.


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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of______________, 20__.


By

Title


ByAttorney-in-Fact


The rate of premium on this bond is ____________ per thousand. The total amount of premiumcharges, $_______________________________.(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM

Any claims under this bond may be addressed to:

(Name and Address of Surety)___________________________________________

___________________________________________

___________________________________________

(Name and Address of Agent or___________________________________________

Representative for service of

process in California, if different___________________________________________from above)

___________________________________________(Telephone number of Surety and___________________________________________Agent or Representative for serviceof process in California


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CITY OF ___________)

On this ________ day of ___________________, in the year 20__, before me,___________________________, a Notary Public in and for said state, personally appeared_________________________________, who proved to me on the basis of satisfactory evidenceto be the person(s) whose name(s) is/are subscribed to the within instrument as the Attorney-In-Fact of the (Surety) acknowledged to me that he/she executed the same in his/her authorizedcapacity, and subscribed the name of the ___________________________ (Surety) thereto andhis/her own name as Attorney-In-Fact.




(SEAL)




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SECTION 00620PAYMENT BOND

NOVEMBER,2011 00620-30 PAYMENTBOND

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS That

WHEREAS, the Victor Valley Wastewater Reclamation Authority (hereinafter designated as theVVWRA), by action taken or a resolution passed ___________ , 20____ has awarded to________________ hereinafter designated as the Principal, a contract for the work describedas follows: Upper Narrows Pipeline Replacement Project (the Project); and

WHEREAS, said Principal is required to furnish a bond in connection with said contract;providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,provisions, provender, equipment, or other supplies used in, upon, for or about the performanceof the work contracted to be done, or for any work or labor done thereon of any kind, or foramounts due under the Unemployment Insurance Code or for any amounts required to bededucted, withheld, and paid over to the Employment Development Department from the wagesof employees of said Principal and its Subcontractors with respect to such work or labor theSurety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are heldand firmly bound unto VVWRA in the penal sum of ______________ Dollars ($___________)lawful money of the United States of America, for the payment of which sum well and truly tobe made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointlyand severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or itssubcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of thepersons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions orother supplies, used in, upon, for or about the performance of the work contracted to be done, orfor any work or labor thereon of any kind, or amounts due under the Unemployment InsuranceCode with respect to work or labor performed under the contract, or for any amounts required to

be deducted, withheld, and paid over to the Employment Development Department or FranchiseTax Board from the wages of employees of the contractor and his subcontractors pursuant toSection 18663 of the Revenue and Taxation Code, with respect to such work and labor theSurety or Sureties will pay for the same, in an amount not exceeding the sum herein abovespecified, and also, in case suit is brought upon this bond, all litigation expenses incurred byVVWRA in such suit, including reasonable attorneys fees, court costs, expert witness fees andinvestigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the CivilCode so as to give a right of action to such persons or their assigns in any suit brought upon thisbond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or releasedfrom the obligation of this bond by any change, extension of time for performance, addition,alteration or modification in, to, or of any contract, plans, specifications, or agreement pertainingor relating to any scheme or work of improvement herein above described, or pertaining orrelating to the furnishing of labor, materials, or equipment therefore, nor by any change ormodification of any terms of payment or extension of the time for any payment pertaining orrelating to any scheme or work of improvement herein above described, nor by any rescission orattempted rescission or attempted rescission of the contract, agreement or bond, nor by anyconditions precedent or subsequent in the bond attempting to limit the right of recovery ofclaimants otherwise entitled to recover under any such contract or agreement or under the bond,


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nor by any fraud practiced by any person other than the claimant seeking to recover on the bondand that this bond be construed most strongly against the Surety and in favor of all persons forwhose benefit such bond is given, and under no circumstances shall Surety be released fromliability to those for whose benefit such bond has been given, by reason of any breach of contractbetween the owner or VVWRA and original contractor or on the part of any obligee named insuch bond, but the sole conditions of recovery shall be that claimant is a person described inSection 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim andthat Surety does hereby waive notice of any such change, extension of time, addition, alterationor modification herein mentioned.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of______________, 20__.


By

Title


ByAttorney-in-Fact



CITY OF ___________)

On this ________ day of ___________________, in the year 20___, before me,___________________________, a Notary Public in and for said state, personally appeared


38/561



_________________________________, who proved to me on the basis of satisfactory evidenceto be the person(s) whose name(s) is/are subscribed to the within instrument as the Attorney-In-Fact of the (Surety) acknowledged to me that he/she executed the same in his/her authorizedcapacity, and subscribed the name of the ___________________________ (Surety) thereto and

his/her own name as Attorney-In-Fact.




(SEAL)




39/561

SECTION 00700GENERAL CONDITIONS

NOVEMBER, 2011 00700-33 GENERAL CONDITIONS

GENERAL CONDITIONS

ARTICLE 1. DEFINITIONS

a. Acceptable, Acceptance or words of similar import shall be understood to be theacceptance of the Engineer and/or VVWRA.

b. Act of God an Act of God is an earthquake of magnitude 3.5 on the Richter scale andtidal waves.

c. Approval means written authorization by Engineer and/or VVWRA.

d. Contract Documents includes all documents as stated in the Contract.

e. Day shall mean calendar day unless otherwise specifically designated.

f. Engineer shall mean the General Managers designee acting either directly or throughproperly authorized agents, such as agents acting within the scope of the particular dutiesentrusted to them. Also sometimes referred to as the VVWRAs Representative orRepresentative in the Contract Documents.

g. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similarwords shall mean the written approval, selection, satisfaction, direction, or similar actionof the Engineer and/or VVWRA.

h. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean

that reference is made to the drawings, unless otherwise noted. It shall be understood thatthe direction, designation, selection, or similar import of the Engineer and/or VVWRA isintended, unless stated otherwise.

i. Install means the complete installation of any item, equipment or material.

j. Material shall include machinery, equipment, manufactured articles, or construction suchas form work, fasteners, etc., and any other classes of material to be furnished inconnection with the Contract. All materials shall be new unless specified otherwise.

k. Notice to Proceed shall mean the written notice given by VVWRA to Contractor fixingthe date on which the Contract Times will commence to run and on which Contractor

shall start to perform the Work under the Contract Documents.

l. Perform shall mean that the Contractor, at Contractors expense, shall take all actionsnecessary to complete The Work, including furnishing of necessary labor, tools, andequipment, and providing and installing Materials that are indicated, specified, orrequired to complete such performance.

m. Project is The Work planned by VVWRA as provided in the Contract Documents.


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n. Provide shall include provide complete in place, that is furnish, install, test and makeready for use.

o. Recyclable Waste Materials shall mean materials removed from the Project site which are

required to be diverted to a recycling center rather than an area landfill. RecyclableWaste Materials include asphalt, concrete, brick, concrete block, and rock.

p. Recyclable Metals such as aluminum, copper, and stainless steel shall be returned to theOwner.

q. Specifications means that portion of the Contract Documents consisting of the writtenrequirements for materials, equipment, construction systems, standards and workmanshipfor the work. Except for Sections 1-9 of the Standard Specifications for Public WorksConstruction (Greenbook), latest Edition, which are specifically excluded fromincorporation into these Contract Documents, the Work shall be done in accordance with

the Greenbook, including all current supplements, addenda, and revisions thereof. In thecase of conflict between the Greenbook and the Contract Documents, the ContractDocuments shall prevail.

r. VVWRA and Contractor are those stated in the Contract. The terms VVWRA and Ownermay be used interchangeably.

s. The Work means the entire improvement planned by VVWRA pursuant to the ContractDocuments.

t. Work means labor, equipment and materials incorporated in, or to be incorporated in theconstruction covered by the Contract Documents.

ARTICLE 2. CONTRACT DOCUMENTS

a. Contract Documents. The Contract Documents are complementary, and what is calledfor by one shall be as binding as if called for by all.

b. Interpretations. The Contract Documents are intended to be fully cooperative and to becomplementary. If Contractor observes that any documents are in conflict, the Contractorshall promptly notify the Engineer in writing. In case of conflicts between the ContractDocuments, the order of precedence shall be as follows:

1. Change Orders or Work Change Directives2. Addenda3. Special Provisions (or Special Conditions)4. Technical Specifications5. Plans (Contract Drawings)6. Contract7. General Conditions8. Instructions to Bidders


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9. Notice Inviting Bids10. Contractors Bid Forms11. Greenbook12. Standard Plans

13. Reference Documents

With reference to the Drawings, the order of precedence shall be as follows:

1. Figures govern over scaled dimensions2. Detail drawings govern over general drawings3. Addenda or Change Order drawings govern over Contract Drawings4. Contract Drawings govern over Standard Drawings5. Contract Drawings govern over Shop Drawings

c. Conflicts in Contract Documents. Notwithstanding the orders of precedence

established above, in the event of conflicts, the more stringent requirement and higherstandard shall always apply.

d. Organization of Contract Documents. Organization of the Contract Documents intodivisions, sections, and articles, and arrangement of drawings shall not control theContractor in dividing The Work among subcontractors or in establishing the extent ofWork to be performed by any trade.

ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE

Contractor will be furnished, free of charge, six (6) copies of the Contract Documents.Additional copies may be obtained at cost of reproduction.

Contractor shall maintain a clean, undamaged set of Contract Documents at the Project site.

ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS

a. Examination of Contract Documents. Before commencing any portion of The Work,Contractor shall again carefully examine all applicable Contract Documents, the Projectsite and other information given to Contractor as to materials and methods ofconstruction and other Project requirements. Contractor shall immediately notify theEngineer of any potential error, inconsistency, ambiguity, conflict or lack of detail orexplanation. If Contractor performs, permits, or causes the performance of any Work

which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained,Contractor shall bear any and all resulting costs, including, without limitation, the cost ofcorrection. In no case shall the Contractor or any subcontractor proceed with Work ifuncertain as to the applicable requirements.

b. Additional Instructions. After notification of any error, inconsistency, ambiguity,conflict or lack of detail or explanation, the Engineer will provide any required additional


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instructions, by means of drawings or other written direction, necessary for properexecution of Work.

c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best

quality of their respective kinds and the Contractor must use all diligence to inform itselffully as to the required construction and finish. In no case shall Contractor proceed withThe Work without obtaining first from the Engineer such Approval may be necessary forthe proper performance of Work.

d. Contractors Variation from Contract Document Requirements. If it is found thatthe Contractor has varied from the requirements of the Contract Documents including therequirement to comply with all applicable laws, ordinances, rules and regulations, theEngineer may at any time, before or after completion of the Work, order the improperWork removed, remade or replaced by the Contractor at the Contractors expense.

ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE

a. VVWRA has endeavored to determine the existence of utilities at the Project site fromthe records of the owners of known utilities in the vicinity of the Project. The positionsof these utilities as derived from such records are shown on the Plans.

b. No excavations were made to verify the locations shown for underground utilities. Theservice connections to these utilities are not shown on the plans. It shall be theresponsibility of the Contractor to determine the exact location of all service connections.The Contractor shall make its own investigations, including exploratory excavations, todetermine the locations and type of service connections, prior to commencing Workwhich could result in damage to such utilities. The Contractor shall immediately notify

VVWRA and the Engineer in writing of any utility discovered in a different position thanshown on the Plans or which is not shown on the Plans.

c. All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults,gas utility valves, and other subsurface structures shall be relocated or adjusted to finalgrade by the Contractor. Locations of existing utilities shown on the Plans areapproximate and may not be complete. The Contractor shall be responsible forcoordinating its Work with all utility companies during the construction of The Work.

d. Notwithstanding the above, pursuant to Section 4215 of the Government Code, VVWRAhas the responsibility to identify, with reasonable accuracy, main or trunkline facilities on

the plans and specifications. In the event that main or trunkline utility facilities are notidentified with reasonable accuracy in the plans and specifications made a part of theinvitation for bids, VVWRA shall assume the responsibility for their timely removal,relocation, or protection. The Contract Documents shall include provisions to compensatethe Contractor for the costs of locating, repairing damage not due to the failure of theContractor to exercise reasonable care, and removing or relocating such utility facilitiesnot indicated in the plans and specifications with reasonable accuracy, and for equipmenton the Project necessarily idled during such work.


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e. Contractor, except in an emergency, shall contact the appropriate regional notificationcenter, Southern California Underground Service Alert at 1-800-227-2600 at least twoworking days prior to commencing any excavation if the excavation will be performed inan area which is known, or reasonably should be known, to contain subsurface

installations other than the underground facilities owned or operated by VVWRA, andobtain an inquiry identification number from that notification center. No excavation shallbe commenced or carried out by the Contractor unless such an inquiry identificationnumber has been assigned to the Contractor or any subcontractor of the Contractor andVVWRA and the Engineer have been given the identification number by the Contractor.

ARTICLE 6. SCHEDULE

a. Estimated Schedule. Within five (5) days after the issuance of the Notice of Award,Contractor shall prepare a Project schedule and shall submit this to the Engineer forApproval. The construction schedule must include holidays. The receipt or Approval of

any schedules by the Engineer or VVWRA shall not in any way relieve the Contractor ofits obligations under the Contract Documents. The Contractor is fully responsible todetermine and provide for any and all staffing and resources at levels which allow forgood quality and timely completion of the Project. Contractors failure to incorporate allelements of Work required for the performance of the Contract or any inaccuracy in theschedule shall not excuse the Contractor from performing all Work required for acompleted Project within the specified Contract time period. If the required schedule isnot received by the time the first payment under the Contract is due, Contractor shall notbe paid until the schedule is received, reviewed and accepted by the Engineer. Originalschedule and periodic update shall be submitted in electronic form and hard copies toChris Anthony, Construction Manager at VVWRA.

b. Schedule Contents. The schedule shall allow enough time for inclement weather. Theschedule shall indicate the beginning and completion dates of all phases of construction;critical path for all critical, sequential time related activities; and float time for allslack or gaps in the non-critical activities. The schedule shall clearly identify allstaffing and other resources which in the Contractors judgment are needed to completethe Project within the time specified for completion. Schedule duration shall match theContract time. Schedules indicating early completion will be rejected. The schedulemust include holidays. Contractor shall comply with these requirements and theadditional requirements as outlined in Section 01310 Contractors Construction Scheduleand Reports.

c. Schedule Updates. Contractor shall continuously update its construction schedule.Contractor shall submit an updated and accurate construction schedule to the Engineerwhenever requested to do so by Engineer and with each progress payment request. TheEngineer may withhold progress payments or other amounts due under the ContractDocuments if Contractor fails to submit an updated and accurate construction schedule.


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ARTICLE 7. SUBSTITUTIONS

a. Pursuant to Public Contract Code Section 3400(b) VVWRA may make a finding that isdescribed in the invitation for bids that designates certain products, things, or services by

specific brand or trade name.

b. Unless specifically designated in the Contract Documents, whenever any material,process, or article is indicated or specified by grade, patent, or proprietary name or byname of manufacturer, such Specifications shall be deemed to be used for the purpose offacilitating the description of the material, process or article desired and shall be deemedto be followed by the words or equal. Contractor may, unless otherwise stated, offerfor substitution any material, process or article which shall be substantially equal or betterin every respect to that so indicated or specified in the Contract Documents. However,VVWRA may have adopted certain uniform standards for certain materials, processesand articles.

c. Contractor shall submit requests, together with substantiating data, for substitution of anyor equal material, process or article no later than ten (10) days after award of theContract. To facilitate the construction schedule and sequencing, some requests mayneed to be submitted before ten (10) days after award of Contract. Provisions regardingsubmission of or equal requests shall not in any way authorize an extension of time forperformance of this Contract. If a proposed or equal substitution request is rejected,Contractor shall be responsible for providing the specified material, process or article.The burden of proof as to the equality of any material, process or article shall rest withthe Contractor. VVWRA has the complete and sole discret