West Basin Municipal Water District

TORRANCE REFINERY WATER

RECYCLING PLANT

93 MOTOR CONTROL CENTER

Replacement

Contract Documents and

Construction Specifications

DECEMBER, 2025

17140 S. Avalon Boulevard, Carson, California 90746-1296

WEST BASIN MUNICIPAL WATER DISTRICT

TRWRP 93 MCC2 Replacement

DECEMBER, 2025

ACKNOWLEDGMENT:

These Contract Documents and Construction Specifications have been prepared under the direction of the following design professional(s):

Jack Yao, PE E18390, Exp June 30, 2026 Registered Professional Engineer California Hazen and Sawyer

Nathan Boyle CH6799, Exp Mar 31, 2027 Registered Professional Engineer California Hazen and Sawyer

AUTHORIZATION:

Susanna Li, P.E., Manager of Engineering and Operations

09/30/2027

TRWRP 93 MCC2 REPLACEMENT TABLE OF CONTENTS

i

TRWRP 93 MCC2 REPLACEMENT PROJECT

TABLE OF CONTENTS

PART 1: BID DOCUMENTS

ADVERTISEMENT FOR BID

INSTRUCTIONS TO BIDDERS

SMALL AND LOCAL BUSINESS ENTERPRISE PROGRAM COMPLIANCE

BID FORM

BID BOND

FLEET COMPLIANCE CERTIFICATION

VENDOR REFERENCE FORM

PART 2: CONTRACT DOCUMENTS

AGREEMENT

PERFORMANCE BOND

PAYMENT BOND

PART 3: PROVISIONS

GENERAL PROVISIONS

SPECIAL PROVISIONS

PART 4: SPECIFICATIONS

TECHNICAL SPECIFICATIONS

PART 5: APPENDICES

APPENDIX A – ASSET MANAGEMENT AND MAINTENANCE SUMMARY

APPENDIX B – PANEL DRAWINGS AND LOOP DIAGRAMS FOR TRWRP PU

CONTROL

APPENDIX C – PANEL DRAWINGS AND LOOP DIAGRAMS FOR TRWRP

BIOFORS

PART 1: BID DOCUMENTS

TRWRP 93 MCC2 REPLACEMENT PROJECT ADVERTISEMENT FOR BID

Receipt of Bid:

West Basin Municipal Water District (DISTRICT) will receive ELECTRONIC BIDS ONLY up to 2:00 PM on March 31, 2026, at which time the ELECTRONIC bids will be opened and posted on OpenGov (online bid portal). The deadline to submit questions related to the bid documents is March 26, 2026, at 3:00 PM.

Pre-Bid Meeting (Mandatory):

A Mandatory Pre-Bid Meeting is scheduled for March 12, 2026, at 10:00 AM. The Pre-Bid Meeting will be conducted remotely by Microsoft Teams.

The Meeting ID, passcode, and link for the meeting are:

https://teams.microsoft.com/meet/24910552618266?p=pj2gWcbnZvUSRQqHM6 Meeting ID: 249 105 526 182 66 Passcode: GW9ur349

The Onsite job walk will follow. In order to qualify as a potentially responsive bidder, prospective bidders must attend the pre-bid meeting. Contractors who fail to attend the Mandatory Pre-Bid Meeting, will not be allowed to bid on the Project as a prime contractor.

Document Review:

Bidders desiring to obtain copies of the Contract Documents and submit a bid shall register with West Basin’s online E-Procurement System at https://procurement.opengov.com/signup. Following registration, Bidder can download all Contract Documents at no cost. Hard copies of the document will not be mailed or sent via overnight delivery.

Description of Work:

The Project contemplated consists of the following work at the Torrance Refinery Water Recycling Plant (TRWRP) in Torrance, CA.

The Work will be completed in all respects within 280 calendar days from the Notice- To-Proceed.

Bid Security:

Each Bid must be submitted on the prescribed Bid Form and accompanied by Bid Security as prescribed in the Instructions to Bidders, payable to WEST BASIN MUNICIPAL WATER DISTRICT in an amount not less than 10 percent of the amount Bid.

https://teams.microsoft.com/meet/24910552618266?p=pj2gWcbnZvUSRQqHM6 https://procurement.opengov.com/signup

Bonds:

The Successful Bidder will be required to furnish the additional Bond(s) prescribed in the Contract Documents.

Compliance with California Air Resources Board (CARB) Regulations

The California Air Resources Board (“CARB”) implemented amendments to the In- Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024, and apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at:

https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf

Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.

Contractor Licensing:

In order to Bid and perform public work, the Bidder and Subcontractors shall hold or obtain such licenses as required by State Statutes, and federal and local Laws and Regulations. Bids will be accepted only from Bidders holding a California Contractors' License Class C.

Payment of Work:

Payment for the Work accomplished will be made monthly, but part of the amount earned will be withheld to ensure performance under the contract. Substitution of securities for the monies withheld is permitted by the Contract Documents as an option open to the Successful Bidder.

Liquidated Damages:

Provisions for liquidated damages are set forth in accordance with the Contract Documents. Contractor shall pay to the DISTRICT, as fixed and liquidated damages and not as penalty, the sum of $1000 each and every calendar day of delay.

Small and Local Business Enterprises:

The DISTRICT maintains a Small and Local Business Enterprise (SLBE) Program that shall be addressed by the prime contractor. Contractor shall comply with the SLBE program in accordance with the Contract Document and shall include the signed https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf compliance form as part of the bid submittal.

Solicitation Administration:

For information concerning the proposed Work please submit questions or requests for clarifications through the E-Procurement System’s question & answer module. The last day to submit comments or questions is March 26, 2026, at 3:00 PM. All inquiries shall be directed to West Basin through the E-Procurement System’s question & answer module.

Bidders shall not visit the Torrance Refinery Water Recycling Plant or make any attempt to contact staff; all inquiries shall be directed to the DISTRICT.

The DISTRICT’s right is reserved to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents.

WEST BASIN MUNICIPAL WATER DISTRICT

By:

Susanna Li, Manager of Engineering

END OF SECTION

INSTRUCTIONS TO BIDDERS

TRWRP 93 MCC2 REPLACEMENT PROJECT INSTRUCTION TO BIDDERS

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders have the meanings assigned to them in the Agreement.

Certain additional terms used in the Bidding Documents have the meanings indicated below which are applicable to both the singular and plural thereof:

1.1. Bidder – one who submits a Bid to the DISTRICT as distinct from a sub-bidder, who submits a Bid to a Bidder.

1.2. Apparent Low Bidder – that Bidder whose Bids as offered in the Bid Form represents the lowest total as determined by the Base Bid.

1.3. Bid Schedules – Refer to the Bid Form.

1.4. DISTRICT – West Basin Municipal Water District.

1.5. Successful Bidder—lowest, responsible and responsive Bidder to whom DISTRICT (on the basis of DISTRICT’S evaluation as hereinafter provided) makes an award.

1.6. Local Business Enterprise (LBE)—to be considered as a local business enterprise, a Subcontractor must provide evidence, in the form of a business license, that the contractor is located at a fixed commercial or residential address where administrative, clerical, professional or other productive work is performed relative to its commercial purpose. The Subcontractor must be located either within West Basin’s service area or within 25 miles of the District’s Carson headquarters for a minimum of one year.

1.7. Small Business Enterprise (SBE)--- to be considered as a small business enterprise and to encourage maximum participation, West Basin will accept a Subcontractor that meets the federal U.S. Small Business Administration (SBA) size standards or the SBE standards set by the California Department of General Services (DGS). In addition, the DISTRICT will accept a Subcontractor’s self-certification of any local agency within the State of California. All certifications are subject to verification.

2. BIDDING DOCUMENTS

2.1. Complete sets of Bidding Documents must be used in preparing Bids.

Neither the DISTRICT nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from use of incomplete sets of Bidding Documents.

2.2. The Drawings bound in the Bidding Document are photographic reductions of the original tracings and are included as a reference only. All measurements shall be made and verified by CONTRACTOR at the Work site.

2.3. Bidding Documents made available on the above terms are only for the purpose of obtaining Bids for the Work and shall not be used for any other purpose.

3. SPECIFICATIONS FORMAT DIFFERENCES

3.1. Bidder shall make no special interpretation or inference of intent from different formats of different Specifications sections.

4. QUALIFICATIONS OF BIDDERS

4.1. To demonstrate qualifications to perform the Work, Bidder shall submit, within 5 days of DISTRICT’S request, written evidence such as financial data, previous experience, present commitments, and other such data as may be called for below.

4.2. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to Contract award.

4.3. All contractors and Subcontractors listed in the Bid proposal must be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

4.4. Nothing indicated herein will prejudice DISTRICT’S right to seek additional pertinent information as is provided in Article AWARD OF CONTRACT.

4.5. As part of the request for bid, the Bidder shall complete and submit the Vendor Reference Form included with the Bid Form.

5. LICENSE REQUIREMENTS

5.1. The classification of Contractor's License that a Bidder must hold to be eligible for award of a contract for the Work is listed in the Advertisement for Bid.

5.2. In accordance with Section 7028.15 of the California Business and Professions Code, a licensed contractor shall not submit a bid to a public agency unless the contractor’s license number appears clearly on the bid, and the license expiration date is stated. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the DISTRICT.

6. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

6.1. It is each Bidder's responsibility, before submitting a Bid, to:

6.1.1. Examine thoroughly the Bidding Documents and other related data identified in the Bidding Documents (including “technical data” referred to below).

6.1.2. Inspect the site to become familiar with and satisfy Bidder as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work.

6.1.3. Consider federal, state, and local Laws and Regulations that may affect cost, progress, performance, or furnishing of the Work.

6.1.4. Study and carefully correlate Bidder's knowledge and observations with the Bidding Documents and such other related data.

6.1.5. Promptly notify the DISTRICT of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in or between the Bidding Documents and such other related documents or site conditions.

6.2. Before submitting a Bid, each Bidder will be responsible to make or obtain such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise and which may affect cost, progress, performance, or furnishings of the Work and which Bidder deems necessary to determine its Bid.

6.3. On request, the DISTRICT will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations, investigations, tests, and studies.

6.4. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this article; that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Bidding Documents; that Bidder has given the DISTRICT written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by the DISTRICT is acceptable to Bidder; and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work and for preparing the Bid.

7. INTERPRETATIONS AND ADDENDA

7.1. All questions about the meaning or intent of the Bidding Documents are to be directed to the DISTRICT’S E-Procurement System’s question and answer module. Interpretations or clarifications considered necessary by the DISTRICT in response to such questions will be issued by Addenda posted on the DISTRICT'S E-Procurement System. Questions received after the deadline for questions may not be answered. Only questions answered through the E- Procurement System’s question and answer module will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the DISTRICT.

8. BID SECURITY

8.1. Each Bid must be accompanied by Bid security made payable to DISTRICT in an amount of 10 percent of Bidder's maximum Bid price and in the form of a certified or cashier check or a Bid Bond on form attached, issued by a surety meeting the requirements of the DISTRICT.

8.2. The Bid security of Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required Performance and Payment Bond(s), certificates of insurance, and met the other conditions of the Bidding Documents. If the Successful Bidder fails to sign and deliver the Agreement and furnish the required Bond(s) and certificates of insurance within fifteen (15) days after receipt of Agreement for signature, the DISTRICT may annul the award, and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom the DISTRICT believes to have a reasonable chance of receiving the award may be retained by the DISTRICT until the earlier of the 10th day after the execution of the Agreement by the Successful Bidder or the rejection of all Bids by the OWNER. Bid security submitted with Bids which are not competitive will be returned within 7 days after the Bid opening.

9. CONTRACT TIMES

9.1. Contract Times are set forth in the Agreement.

9.2. The times proposed by Bidder to complete the Work so that it is ready for final payment shall be indicated on Bid Form. Such proposed times will be taken into consideration by the DISTRICT. Upon request, Bidder(s) shall present sufficient information to substantiate Bidder's capability and capacity to achieve such proposed times.

10. LIQUIDATED DAMAGES

10.1. Provisions for liquidated damages are set forth in the Sample Agreement and as stated in the Bid Form.

11. SUBSTITUTE AND “OR-EQUAL” ITEMS

11.1. The contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used if acceptable to the DISTRICT, application for such acceptance will not be considered by the DISTRICT until after the Effective Date of the Agreement. The procedure for submission of any such application and consideration by the DISTRICT is set forth in the General Provisions.

12. SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.1. Bidder shall submit with its Bid the names of each proposed Subcontractor who will perform Work under these Bidding Documents in excess of 1/2 of 1 percent of the total amount of the Bid and shall list the portion of the Work that will be done by such Subcontractor. If the Bidder fails to specify a Subcontractor for any portion of the Work to be performed under the Bidding Documents, the Bidder agrees to perform that portion of the Work itself and further agrees that it is qualified to perform that portion of the Work.

12.2. Any Bidder, if so requested, shall, within 5 days after Bid opening, submit to the DISTRICT the identity of all such Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work.

12.3. If Successful Bidder declines to make a substitution for a Subcontractor, Supplier, person, or organization unacceptable to the DISTRICT, the DISTRICT may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations.

Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person, or organization listed and to whom the DISTRICT does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the DISTRICT subject to revocation of such acceptance after the Effective Date of the Agreement as provided in the Agreement.

13. WAGE RATES

13.1. The DISTRICT has obtained from the Director of the Department of Industrial Relations the prevailing rate of per diem wages for workers to be used on the Project. Copies are on file at the DISTRICT principal office and are available to interested persons on request. The Successful Bidder agrees, upon execution of the Agreement, to post a copy at the site.

13.2. The Work under these Bidding Documents is to be paid for by public funds and must comply with the minimum prevailing wage rates; therefore, the project is a public work and minimum prevailing wage rates published by the

State Department of Labor are applicable. The State's prevailing wage rate information is on file at the office of the DISTRICT.

13.3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The contractor and Subcontractors of all tiers shall furnish electronic certified payroll records to the Labor Commissioner in accordance with Labor Code Section 1771.4.

14. BID FORM

14.1. The Bid Form and other attachments are included with the Bidding Documents. No substitution of forms will be allowed.

14.2. All blanks filled out on the Bid Form must be completed by typing or printing with ink. All price information shall be shown in both words and figures where required. No changes shall be made in the phraseology of the forms.

14.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown above the signature.

14.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear on the line below the signature.

14.5. All names must be typed or printed on the line with the signature.

14.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

14.7. The Bidder's name, address, point of contact, e-mail address, and telephone number for communications regarding the Bid must be shown.

14.8. The Bid Form also lists certain equipment, product, or systems for which manufacturers or suppliers for each are to be identified in the Bid Form.

15. SUBMISSION OF BIDS

15.1. Bid Form and attachments may be photocopied for submission of Bids.

15.2. Submit Bids not later than the time prescribed, at the place, and in the manner set forth in the Advertisement for Bid. Enclose Bids in an opaque sealed envelope marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), solicitation number and name and address of Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED - [SOLICITATION NUMBER]” on the face of it. Bids must be made on the prescribed Bid Form provided and submitted with the attachments listed below.

15.3. Bidders shall complete and submit the following attachments with its Bid:

Bid Form, Bid Bond, Non-Collusion Affidavit, and Small and Local Business Enterprise Program Compliance Form.

15.4. Only one Bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the DISTRICT that any Bidder is interested in more than one Bid for Work contemplated, all Bids in which such Bidder is interested will be rejected.

16. COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD (CARB)

REGULATIONS

16.1. The DISTRICT is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, a valid Certificate of Reported Compliance (“CRC”) for the Bidder’s and its listed Subcontractors fleet (including any applicable leased equipment or vehicles). In addition, Bidder must complete and submit the Fleet Compliance Certification. Failure to provide a valid CRC for the Bidder’s fleet, and for the fleets of all listed Subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.

17. MODIFICATION AND WITHDRAWAL OF BIDS

17.1. Bids may be modified or withdrawn by an appropriate document duly executed (in the same manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

17.2. If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with the DISTRICT and promptly thereafter demonstrates to the reasonable satisfaction of the DISTRICT that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further consideration on the Work to be provided under the Contract Documents.

18. OPENING OF BIDS

18.1. Bids will be opened and (unless obviously non-responsive) read aloud publicly. A summary of the amounts of the base bids and major alternates (if any) will be made available to Bidders within 7 calendar days after the date of Bid opening.

19. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

19.1. All Bids will remain subject to acceptance for 45 calendar days after the date of the Bid opening, but the DISTRICT may, in its sole discretion, release any Bid and return the Bid security prior to that date.

20. BID PROTEST PROCEDURES

20.1. Only a bidder who has submitted a bid proposal is eligible to protest a bid. The DISTRICT will not accept or entertain bid protests from manufacturers, vendors, suppliers, Subcontractors that have not submitted a bid. A bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own interest.

20.2. A bidder desiring to protest a bid shall file the protest within five (5) business days following the date on which bids were opened. The Procurement Officer must receive the protest by the close of business on the fifth (5th) business day following the bid opening.

20.3. The protest must be in writing and signed by the individual who signed the bid or, if the bidder is a corporation, by an officer of the corporation, and addressed to the Procurement Officer. A protest shall not be made by e-mail or facsimile and the DISTRICT will not accept such. A protest must set forth a complete and detailed statement of the grounds for the protest and include all relevant information to support the grounds stated; must refer to the specific portion(s) of the contract documents upon which the protest is based; and shall include a valid street address, phone number, and e-mail address sufficient to ensure the DISTRICT’S response will be received.

20.4. Once the protest is received by the Procurement Officer, the District will not accept additional information on the protest unless the DISTRICT itself requests it. In that case, additional information must be submitted within three

(3) business days after the request is made and must be received by the Procurement Officer by the close of business on the third (3rd) business day.

20.5. The Procurement Officer will respond, by regular mail or e-mail to the addresses provided in the protest, with a decision regarding the protest within ten (10) business days following

21. BASIS OF AWARD; AWARD OF CONTRACT

21.1. If the Contract is to be awarded, the DISTRICT will give Successful Bidder a Notice of Award within 45 calendar days after the day of the Bid opening.

21.2. The DISTRICT reserves its right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids, and to reject the Bid of any Bidder if the DISTRICT believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the DISTRICT. DISTRICT also reserves the right to waive all informalities not involving price, time, or changes in the Work. Discrepancies in the quantity multiplied by unit price and the extended total amount will be resolved in favor of the quantity multiplied by unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

Discrepancies between words and figures will be resolved in favor of the words.

21.3. When alternatives are present: The District reserves its right to select the Bid alternative that best suits the DISTRICT’S needs.

21.4. In evaluating Bids, the DISTRICT will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. DISTRICT shall have the right to accept alternates in any order or combination, unless otherwise provided in the Bidding Documents.

21.5. The DISTRICT may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work for which the identity was required.

DISTRICT also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data are required to be submitted prior to the Notice of Award.

21.6. DISTRICT may conduct such investigations as the DISTRICT deems necessary to assist in Bid evaluation and to establish responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to execute Work in accordance with the Bidding Documents to the DISTRICT’S satisfaction within the prescribed time.

21.7. If the Contract is to be awarded, it will be awarded to lowest Bidder whose evaluation by the DISTRICT indicates to the DISTRICT that the award will be in the best interests of the DISTRICT.

21.8. In the event of failure of the Successful Bidder to sign the Agreement and provide acceptable Performance and Payment Bond(s), insurance certificate(s), and other required documents, the DISTRICT may award the Contract to the next lowest responsive, responsible Bidder.

22. EXECUTION OF AGREEMENT

22.1. When the DISTRICT gives a Notice of Award to Successful Bidder, it will be accompanied by unsigned copies of the Agreement and other appropriate documents. Within 15 days thereafter, CONTRACTOR shall sign and deliver the copies of the Agreement and attached documents to the DISTRICT with the required Bonds. Within 10 days thereafter, the DISTRICT shall deliver two fully executed copies to CONTRACTOR (providing that complete insurance documents have been submitted).

23. RETAINAGE

23.1. Provisions concerning retainage and CONTRACTOR'S rights to deposit securities in lieu of retainage are set forth in the Agreement.

24. SMALL AND LOCAL BUSINESS ENTERPRISE

24.1. If a prime contractor intends to employ Subcontractors, and the amount of the contract is less than $3 million dollars, as determined by the DISTRICT'S engineer's estimate, the prime contractor will be required to:

1.) Attend the pre-bid meeting; and

2.) Advertise for Subcontractor bids from SBEs or LBEs in one or more daily or weekly newspapers, trade association publications, trade journals, or other relevant media or demonstrate a communication log of direct contact with SBEs and LBEs; and

3.) Complete the attached Small and Local Business Enterprise Program Compliance Form.

If a prime contractor intends to employ Subcontractors, and the amount of the contract is $3 million dollars or more, as determined by the DISTRICT’S engineer’s estimate, the prime contractor must, in addition to the requirements set forth above in items (1), (2) and (3):

4.) Provide written notice of its interest in receiving Subcontractor proposals to those SBEs or LBEs having an interest in participating in the work. These notices of interest must be provided not less than 10 calendar days prior to the date the proposals are required to be submitted to the DISTRICT; and

5.) Prime contractor must follow-up the initial solicitations by contacting the interested SBEs or LBEs to determine whether the SBEs or LBEs were interested in performing specific portions of the project. Such follow up contact must be made not less than 3 calendar days prior to the date the proposals are required to be submitted.

24.2. If a prime contractor does not intend to employ Subcontractors, the prime contractor must, in addition to the requirements set forth above:

1.) Complete the attached Small and Local Business Enterprise Program Compliance Form and select the fields to indicate that the prime contractor will self-perform all tasks associated with the engagement and will not utilize Subcontractors.

END OF SECTION

SMALL AND LOCAL BUSINESS ENTERPRISE

(SLBE)

POLICY COMPLIANCE

Small and Local Business Enterprise (SLBE) Page 1of 1

Small and Local Business Enterprise (SLBE) Program Compliance Form

West Basin Municipal Water District

TRWRP 93 MCC2 Replacement Project

DISTRICT maintains a Small and Local Business Enterprise (SLBE) Program that shall be addressed by the prime contractor.

If a prime contractor intends to employ subcontractors, and the amount of the contract is less than $3 million dollars, as determined by the DISTRICT’S engineer’s estimate, the prime contractor will be required to:

1. Attend the Pre-bid meeting.

2. Advertise for subcontractor bids from SBEs or LBEs in one or more daily or weekly newspapers, trade association publications, trade journals, or other relevant media or demonstrate a communication log of direct contact with SBEs or LBEs.

If a prime contractor intends to employ subcontractors, and the amount of the contract is $3 million dollars or more, as determined by the DISTRICT’S engineer’s estimate, the prime contractor must, in addition to the requirements set forth above in items (1) and (2):

3. Provide written notice of its interest in receiving subcontractor proposals to those SBEs or LBEs having an interest in participating in the work. These notices of interest must be provided not less than 10 calendar days prior to the date the proposals are required to be submitted to the DISTRICT; and

4. Prime contractor must follow-up the initial solicitations by contacting the interested SBEs or LBEs to determine whether the SBEs or LBEs were interested in performing specific portions of the project. Such follow up contact must be made not less than 3 calendar days prior to the date the proposals are required to be submitted.

Publication Name/Location Advertisement Date

Please check to confirm Compliance with SLBE requirement:

☐ has complied with the SLBE (Prime Contractor) requirement, as defined in these contract documents.

OR

Please check to confirm that no subcontractors will be utilized:

☐ will self-perform all tasks (Prime Contractor) associated with this engagement and will not utilize subcontractors.

Bidder’s Name:

(STIPULATED PRICE BASIS)

NOTE TO BIDDER: Use BLACK ink for completing this Bid Form.

To: West Basin Municipal Water District

Address: 17140 S. Avalon Blvd., Carson, CA 90746-1296

Project Identification: TRWRP 93 MCC2 Replacement Project

Solicitation No.: RFB-TH-0120

BIDDER INFORMATION

Name, Phone Number, Email Address, and Address for receipt of official communications and for additional information on this Bid:

Company Name:

Address:

Point of Contact:

Email Address:

Telephone No.:

1. BIDDER'S DECLARATION AND UNDERSTANDING.

1.1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm, or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the DISTRICT.

1.2. In submitting this Bid, Bidder acknowledges and accepts DISTRICT’S representations as more fully set forth in the Agreement.

1.3. In submitting this Bid, Bidder certifies Bidder is qualified to do business in the state where the Project is located as required by laws, rules, and regulations or, if allowed by statute, covenants to obtain such qualification prior to contract award.

2. CONTRACT EXECUTION AND BONDS.

2.1. The undersigned Bidder agrees, if this Bid is accepted, to enter into an Agreement with the DISTRICT on the form included in the Bidding Documents to perform and furnish Work as specified or indicated in the Bidding Documents for the Contract Price derived from the Bid and within the Contract Times indicated in the Agreement and in accordance with the other terms and conditions of the Bidding Documents.

2.2. Bidder accepts the terms and conditions of the Bidding Documents.

3. INSURANCE.

3.1. Bidder further agrees that the Bid amount(s) stated herein includes specific consideration for the specified insurance coverages.

4. CONTRACT TIMES.

4.1. Bidder agrees to accept Contract Times set forth as follows:

4.2. Substantial completion of the work at the Torrance Regional Water Recycling Plant site within 250 calendar days of the issuance of the Notice to Proceed. Final completion at the Torrance Regional Water Recycling Plant within 280 calendar days of the issuance of the Notice to Proceed.

Substantial completion shall include the completion of the work sufficiently so that it is suitable for use by the Owner with no Contractor interventions. This shall include construction completion, testing, preparation of O&M and training documents and commissioning of the MCC into service. Final completion includes completion and close out of any additional minor items (e.g. Punch list items) that do not directly impact operations for substantial completion but are necessary to complete the project as outlined in the Contract Documents.

5. LIQUIDATED DAMAGES.

5.1. Bidder accepts the provisions in the Agreement as to liquidated damages.

5.2. If the Contractor fails to complete all of the work within 280 calendar days of the issuance of the Notice to Proceed, the Contractor shall pay to the District, as fixed and liquidated damages and not as penalty, the sum of $1000 each and every calendar day of delay.

6. ADDENDA.

6.1. Bidder hereby acknowledges that it has received Addenda.

Nos. , , , , , , (Bidder shall insert number of each Addendum received) and agrees that Addenda issued are hereby made part of the Bidding Documents, and Bidder further agrees that this Bid includes impacts resulting from said Addenda.

7. SUBCONTRACTORS.

7.1. As required by Section 4100-4107 of the Public Contract Code, the Contractor bidding shall hereinafter list the subcontractor(s) who will be the subcontractor(s) on the job for each particular trade or subdivision of the work and will state the firm name and principal location of the mill, shop, or office of each: (OR print “NO SUBCONTRACTORS”). The Bidder shall provide proof of each listed subcontractor’s current registration to perform public work pursuant to Section 1725.5 of the Labor Code of the State of California.

DIVISION OF

WORK

OR TRADE

NAME OF

SUBCONTRACTOR

LICENSE

CLASS

LICENSE

NUMBER

DIR. REG

NO.

LOCATION

OF SHOP OR

OFFICE

8. MATERIALS SUPPLIERS.

8.1. The Contractor is required to identify the Manufacturer of the various materials being provided:

93MCC2

Conduit

Wire

ITEM MANUFACTURER

LEAD TIME

CALENDAR DAYS

9. WORK HOURS.

9.1 Work Hours are from Monday to Friday from 6:00 AM to 3:00 PM.

Work on weekends and Holidays is not allowed unless approved by the District in advance.

10. SALES AND USE TAXES.

10.1. The Bidder agrees that all federal, state, and local sales and use taxes are included in the stated Bid prices for the Work.

11. BID SCHEDULE.

11.1. Refer to Technical Specifications Section 01 20 00 – Measurement and Payment for specific bid item descriptions.

11.2. Refer to Instructions to Bidders, Section 21.3 for criteria for contract award.

TRWRP 93 MCC2 REPLACEMENT PROJECT

BID SCHEDULE

BASE BID

Item No. Quantity Unit Description Unit Price Amount

General Conditions $ $

2 Demolition $ $

Temporary Utilities $ $

4 MCC $ $

5 MCC Installation $ $

Total (Bid Item Nos. 1 Through 5) $

TOTAL Price in written words:

Dollars and cents.

12. SURETY.

12.1. If Bidder is awarded a construction contract from this Bid, the surety who provides the Performance and Payment Bond(s) shall be:

whose address is

Street City State Zip

13. CONTRACTOR’S LICENSE.

13.1. Class , California Contractor License No.: , License Expiration Date:

DIR Registration No.:

14. BIDDER’S AUTHORIZATION:

An Individual

By

(Individual's name and signature)

OR

A Partnership

(Partnership name)

(Name and signature of general partner)

(Title)

A Corporation

(Corporation name)

(State of incorporation)

(Name and signature of person authorized to sign)

(Title)

(Corporate Seal)

A Joint Venture

(Business name)

(Business name)

(Each joint venture party must sign. The manner of signing each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Bidder’s Name: ___________________________________________

DATE SUBMITTED: , 20

NONCOLLUSION AFFIDAVIT

________________________________, being first duly sworn, deposes and says that he/she is ____________________________ of_____________________________________ _____ the party making the foregoing 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 or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with 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 to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository or to any member or agent thereof to effectuate a collusive or sham bid.

Bidder (Print Name or Signature)

State of California ) ) ss.

County of )

On this _________ day of ____________________ 20_____, before me personally came ___________________________to me known, or proven to be on the basis of satisfactory evidence, who being duly sworn, did depose and say: that _________________________ is an authorized representative of the _________________________________ and acknowledged to me that _________________________________ executed the within instrument on behalf of said bidder.

In witness whereof, I have signed and affixed my official seal on the date first above written.

Notary Public

BID BOND

TRWRP 93 MCC2 REPLACEMENT PROJECT BID BOND

BID BOND

We, as Principal, and as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the

WEST BASIN MUNICIPAL WATER DISTRICT

(herein called DISTRICT) for payment of the penal sum of

Dollars ($ ), lawful money of the United States. Principal has submitted the accompanying bid for the construction of the

TRWRP 93 MCC2 REPLACEMENT PROJECT

If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the DISTRICT, at the price designated by this bid, and files two bonds with the DISTRICT, or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the DISTRICT, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and endorsements thereof, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

Forfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the DISTRICT from seeking all other remedies provided by law to cover losses sustained as a result of the Principal's failure to do any of the foregoing.

Principal and Surety agree that if the DISTRICT is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay District's reasonable attorney's fees incurred with or without suit.

TRWRP 93 MCC2 REPLACEMENT PROJECT BID BOND

Executed on: , 201

PRINCIPAL

(Seal if Corporation) By:

Title:

(Attach Acknowledgment of Authorized Representative of Principal)

Any claims under this bond may be addressed to:

Name and Address of Surety:

Name and Address of Surety's Agent for Service of Process in California (if different from above):

Telephone number of Surety's agent in California:

(Attach Acknowledgment)

SURETY

NOTICE:

By:

(Attorney-in-Fact)

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California.

Certified copy of Power of Attorney must be attached.

Fleet Compliance Certification.

Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

� The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

� The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

� Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

� The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

� The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________

Signature: __________________________________________________

Name: __________________________________________________

Title: __________________________________________________

Date: __________________________________________________

Bidder Name____________________________________________________________________________________________________

The following are the names, addresses, and telephone numbers for public agencies for which Bidder has performed similar work as the prime Contractor or major subcontractor within the past five (5) years.

Reference Number 1:

Project Title: _______________________________________________________________________________ Location: __________________________________________________________________________________ Name and address of owner: __________________________________________________________________ Name and current telephone number of person familiar with project: _________________________________ Type of work: _______________________________________________________________________________ Contract Amount: $__________________________ Date Completed: __________________________________ Amount of work done by firm under Contract: $___________________________________________________ Did your firm have any financial interest in Project? ________________________________________________

Reference Number 2:

Project Title: _______________________________________________________________________________ Location: __________________________________________________________________________________ Name and address of owner: __________________________________________________________________ Name and current telephone number of person familiar with project: _________________________________ Type of work: _______________________________________________________________________________ Contract Amount: $__________________________ Date Completed: __________________________________

Did your firm have any financial interest in Project? ________________________________________________

Reference Number 3:

Project Title: _______________________________________________________________________________ Location: __________________________________________________________________________________ Name and address of owner: __________________________________________________________________ Name and current telephone number of person familiar with project: _________________________________ Type of work: _______________________________________________________________________________ Contract Amount: $__________________________ Date Completed: __________________________________

Did your firm have any financial interest in Project? ________________________________________________

Request for Bid

VENDOR REFERENCE FORM

PART 2: CONTRACT DOCUMENTS

SAMPLE AGREEMENT

AGREEMENT

TABLE OF CONTENTS

ARTICLE PAGE

TRWRP 93 MCC2 Replacement Project AGREEMENT TABLE OF CONTENTS i

1 GENERAL

S-1 SCOPE OF WORK

S-2 CONSIDERATION

S-3 PAYMENT

S-4 CONTRACT DOCUMENTS

S-5 COMPLIANCE WITH PROVISIONS OF LAW

S-6 ATTORNEY’S FEES

S-7 NOTICES

S-8 ASSIGNMENT

S-9 SECTION HEADING

S-10 AUTHORITY OF DISTRICT REPRESENTATIVE

2 WAGES, HOURS, AND WORKING CONDITIONS

S-11 PREVAILING WAGES

S-12 TRAVEL AND SUBSISTENCE PAYMENTS

S-13 HOURS OF WORK

S-14 APPRENTICES

S-15 SUBCONTRACTORS

S-16 DISCRIMINATION

S-17 SAFETY

S-14 CHARACTER OF WORKERS

3 INDEMNIFICATION, INSURANCE AND BONDS

S-19 INSURANCE

S-20 INDEMNIFICATION

S-21 PAYMENT BOND

S-22 PERFORMANCE BOND

4 PERFORMANCE

S-23 TIME FOR COMPLETION

S-24 FORCE MAJEURE

S-25 EXTRA WORK

5 MISCELLANEOUS

S-26 RISK OF LOSS PRIOR TO FINAL ACCEPTANCE

S-27 TERMINATION: CONTRACTOR AT FAULT

S-28 TERMINATION: CONTRACTOR NOT AT FAULT

S-29 RESOLUTION OF CERTAIN CLAIMS

S-30 APPLICABLE LAW

S-31 INTEGRATION

Agreement No. _____ Page 1 of 17 Form3A - PW CONSTR - CONTRACTOR- 2015-2

AGREEMENT NO.

between

WEST BASIN MUNICIPAL WATER DISTRICT

and

{CONTRACTOR}

for the

As of , West Basin Municipal Water DISTRICT, herein "DISTRICT", and , herein "CONTRACTOR", agree as follows:

ARTICLE 1 - GENERAL

Section 1 – Scope of Work CONTRACTOR will furnish labor, equipment and materials and will perform work for the construction of

Section 2 – Consideration DISTRICT shall pay CONTRACTOR a lump sum in the amount of $_________________ for the performance of the work.

Section 3 - Payment

(a) Monthly progress payments shall be processed as follows:

(1) On or about the 25th day of each month, CONTRACTOR shall submit to DISTRICT an invoice including an estimate of the…