WHITTIER UTILITY AUTHORITY

CONSTRUCTION DOCUMENTS

SPECIFICATIONS AND STANDARD PLANS

FOR

22-023 Greenleaf Avenue Water Main Replacement

THE SECRETARY OF THE WHITTIER UTILITY AUTHORITY, CALIFORNIA WILL RECEIVE AT THE

SECRETARY OFFICE IN CITY HALL, IN THE CITY OF WHITTIER, UNTIL 10:00 AM THURSDAY, NOVEMBER

12th, 2026. SEALED PROPOSALS FOR THE PERFORMANCE OF THE ABOVE DESCRIBED SERVICES. ALL

QUESTIONS OR REQUESTED CLARIFICATIONS SHALL BE MADE IN WRITING VIA EMAIL AT

PUBWKS@CITYOFWHITTIER.ORG ON OR BEFORE OCTOBER 29TH, 2026. NO VERBAL REQUESTS WILL BE

ACCEPTED

DATE:______________________

Philip Wang, PE

City Engineer

W A hittier

Utilityuthority

DATE:______________________

Philip Wang, PE

City Engineer

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Replacement - General Provisions.docx

Table of Contents

NOTICE INVITING BIDS

INSTRUCTIONS TO BIDDERS

CONTRACTOR'S PROPOSAL

PROPOSAL - BIDDING SCHEDULE

COMPENSATION INSURANCE ACKNOWLEDGMENT

INFORMATION REQUIRED OF BIDDER

BID BOND

NON-COLLUSION AFFIDAVIT

AGREEMENT

CONTRACT BOND

LABOR AND MATERIAL PAYMENT BOND – PUBLIC WORKS CALIFORNIA

GENERAL PROVISIONS

SPECIAL PROVISIONS

Appendix A: City of Whittier Water Utility Standard Specifications 92 sheets

Appendix B: Greenbook - Standard Plans 22 sheets

Appendix C: Excavation/Construction Permit Application 4 sheets

Appendix D: Transportation (Oversize Load) Permit Application 1 sheet

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22-023 – GREENLEAF AVENUE WATER MAIN REPLACEMENT

FOR THE WHITTIER UTILITY AUTHORITY,

LOS ANGELES COUNTY, CALIFORNIA

If further information is needed regarding this work, please contact: Public Works Department, Monday through Friday from 8:00 A.M. to 5:00 P. M. at (562) 567-9500.

RECEIPT OF PROPOSALS: Notice is hereby given that proposals will be received at the office of the Secretary, City Hall. 13230 E. Penn St., 90602, Whittier, California, until November 12th, 2026 at which time and date they will be publicly opened and declared for the project, 22-023 – GREENLEAF AVENUE WATER MAIN REPLACEMENT, for the Whittier Utility Authority, Los Angeles County, California.

DESCRIPTION OF WORK: The work to be performed consists of the abandonment and replacement of the water main and appurtenant work, in accordance with the project plans as specified hereinafter, project specifications as specified hereinafter for the Whittier Utility Authority, Los Angeles County, State of California, and in accordance with the Standard Specifications for Public Works Construction (The Greenbook), Latest Edition.

Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment to complete the project and be responsible for obtaining a no fee encroachment permit(s) for the project from the City of Whittier, Public Works Department.

PLANS: 22-023 – GREENLEAF AVENUE WATER MAIN

REPLACEMENT

10 sheets

COMPLETION OF WORK: The Contractor shall commence ordering all necessary materials within ten (10) working days after notification that the contract has been executed and shall be completed within seventy (70) working days after date set forth in the Notice to Proceed.

GUARANTEE: Each bid shall be made on the proposal form furnished by the Whittier Utility Authority herewith and shall be in accordance with the plans, specifications and other contract documents and shall be accompanied by a certified check, cashier's check or bidders' bond, payable to Whittier Utility Authority in a sum not less than ten percent (10%) of the amount of the bid, as a guarantee that the bidder will enter into the contract for the work, the full amount of such guarantee to be forfeited to Whittier Utility Authority should said bidder fail to enter into said contract. The successful bidder will be required to furnish a Faithful Performance Bond in the amount of not less than one hundred percent (100%) of the contract price, a Labor and Material Bond in an amount of not less than one hundred percent (100%) of the contract price, said bonds to be secured from a surety company authorized to do business in the State of California, and to be subject to the approval of the City Attorney. The Contractor will also be required to furnish a certificate that he/she carries compensation insurance covering his/her employees upon work to be done under this contract, which may be entered into between him/her and Whittier Utility Authority for the said work.

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OPENING OF PROPOSALS: The proposals will be publicly opened and read at the time and date stated herein, in the PRCS Conference Room of the Whittier City Hall, and the results will thereafter be referred to the Whittier City Council for consideration at their regular meeting.

WAGE RATES: Pursuant to the provisions of Section 1770 to 1777, inclusive, of the Labor Code of the State of California, copies of the prevailing rate of per diem wages are on file in the office of the Secretary of the Whittier Utility Authority, 13230 Penn Street, Whittier, California 90602. Interested parties may review them at that location.

CONTRACTOR LICENSE: The contractor shall possess a Class A (General Contractor) in accordance with the provisions of the Contractor’s License Law (California Business and Professions Code, Section 7000,et. seq.) and rules and regulations adopted pursuant thereto at the time this contract is awarded.

DIR REGISTRATION: No prime contractor or subcontractor may be listed on a bid proposal, be awarded a public works contract, or perform work on public works projects, unless registered and maintains registration with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 at https://efiling.dir.ca.gov/PWCR.

BUSINESS LICENSE: Contractor shall obtain a City Business License from the City of Whittier. The contract will not be executed until the Contractor obtains such license from the Business License Office at City Hall, 13230 Penn Street, Whittier California (562) 567- 9850.

WHITTIER UTILITY AUTHORITY'S RIGHTS RESERVED: Whittier Utility Authority reserves the right to reject any or all bids, to accept any portion of any bid, to waive any informality in a bid, and to make awards in the best interest of the City.

PROPOSALS: Proposals must be submitted on forms prepared and furnished. They may be obtained from Plan-Well, at which the bidder may purchase copies of the plans and specifications for a non-refundable amount per set. A mailing address, email and phone number, at which the bidder may be reached, must be left with Plan-Well. The City of Whittier, at its sole discretion, may or may not not consider a proposal from a Contractor who is not included in the list of bidders and whom a proposal form has not been issued by the City of Whitter.

Go to: https://www.cityofwhittier.org/government/city-clerk/rfps-bids Or: https://customer.e-arc.com/arcEOC/Secures/PWELL_PrivateList.aspx?PrjType=pub Click on Public Planroom Look for: 22-023 – GREENLEAF AVENUE WATER MAIN REPLACEMENT

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The Whittier Utility Authority complies with the American Disabilities Act. If you require a reasonable accommodation to participate in the pre-bid and bid opening, please contact the Public Works Department, at (562) 567-9500, at least 48 hours before the starting time of the meeting.

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INSTRUCTIONS TO BIDDERS

PROPOSAL: The proposal shall be made on the forms furnished herewith and shall be firm for 90 days. The completed Proposal shall be enclosed in a sealed envelope bearing the name of the bidder and name of the project. The proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the bidder's responsibility to see that his/her proposal is received in proper time. Prior to bid opening, the proposal may be withdrawn by the bidder by means of a written request, signed by the bidder or his/her properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of proposals prior to the scheduled closing time for receipt of proposals.

The proposals will be publicly opened and read at the time and place stipulated in the Notice Inviting Bids.

Unauthorized conditions, limitations, or provisions attached to a proposal will render it nonresponsive and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Oral, telegraphic, or telephonic proposals or modifications will not be considered.

DISCREPANCIES IN PROPOSALS: The bidder shall furnish a price for all bid items in the proposal and failure to do so will render the proposal nonresponsive and may cause its rejection. In the event the total indicated for the schedule does not agree with the sum of the prices bid on the individual items, then the prices bid on the individual item shall govern and the total for the schedule will be corrected accordingly.

PROPOSAL GUARANTEE: Each proposal shall be accompanied by a certified or cashier's check or bid bond in the amount of not less than ten (10%) percent of the total amount named in the proposal. Said check/bond shall be made payable to the Whittier Utility Authority and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) working days after date of written Notice of Award and will furnish satisfactory Faithful Performance Bond, Labor and Material Bond, each of said bonds to be in the amount stated in the Notice Inviting Bids. All bonds submitted to Whittier Utility Authority must be with an Insurance Company rated by A.M. Best, Duff and Phelps, Moody’s, Standard and Poor’s or Weiss Research. In case of refusal or failure to enter into said contract, each check or bond, as the case may be, shall be forfeited to Whittier Utility Authority. If the bidder elects to furnish a Bid Bond as his/her proposal guarantee, he/she shall use the form herein, or one conforming substantially to it in form.

BIDDER'S EXAMINATION OF SITE: Before submitting a proposal, the bidder shall carefully examine the drawings, specifications, and other contract documents, and he/she shall visit the site of the work. It will be assumed that the bidder is familiar with existing site conditions and that he/she has a clear understanding of the requirements of the contract regarding the furnishing of materials and performance of work.

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COMPETENCY OF BIDDER'S: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for performance of the work covered by the proposal. To this end, each proposal shall be supported by a statement of the bidder's experience as to recent date on the form entitled "INFORMATION REQUIRED OF BIDDER" bound herein. No proposal for work will be accepted from a contractor who is not licensed in accordance with applicable state law.

The contractor shall possess a Class A (General Contractor) License in accordance with the provisions of the Contractor’s License Law (California Business and Professions Code, Section 7000,et. seq.) and rules and regulations adopted pursuant thereto at the time this contact is awarded.

DISQUALIFICATION OF BIDDER'S: More than one proposal form from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered for future proposals. ("Non-collusion Affidavit")

RETURN OF PROPOSAL GUARANTEE: Within ten (10) working days after award of the contract, the Whittier Utility Authority will return all proposal guarantees, except bonds, to their respective bidder except those accompanying proposals submitted by the three lowest responsible bidders. Those three will be held until the contract has been finally executed after which they will be returned to the respective bidders whose proposal they accompany.

BID PROTEST PROCEDURES: Bid protests shall be in accordance with California Code of Regulations, Title 2, Section 872.1. Any bid protests must be in writing and received by the City no earlier than the issuance of the Notice of Intent to Award, and before 5:00 p.m. no later than five (5) business days after the issuance of the Notice of Intent to Award, and must comply with the following requirements:

1. Only a bidder who has submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.

2. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the following information:

a. The name, address, telephone number, and email address of the protester;

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b. The signature of the protester or the authorized representative of the protester;

c. The solicitation number;

d. A detailed statement of the legal and/or factual grounds for the protest; and

e. The form of relief requested.

3. A copy of the protest and all supporting documents must also be transmitted by e-mail, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. Failure to serve the protest upon the bidder subject to the protest is grounds upon which the City may deny the protest.

4. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within seven (7) calendar days after the Bid Protest Deadline or after receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation.

Material submitted after the Response Deadline will not be considered.

5. The City Manager or designee shall have up to ten (10) calendar days to decide whether to approve or reject the protest. The written decision of the City Manager or designee on the protest shall be served upon the protesting bidder and any bidder subject to the protest within fourteen (14) calendar days of receipt of the bid protest. The City Manager or designee may extend the ten (10) calendar days if necessary to review additional information requested from any bidder.

6. The decision of the City Manager or designee on the bid protest shall be final with no further review.

7. The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

Any bid protest shall be submitted via email PubWks@cityofwhittier.org, or may be mailed in a hardcopy to:

City of Whittier 13230 Penn Street

Whittier, CA 90602 Attn: Kyle Cason, Deputy City Manager – Operations

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AWARD OF CONTRACT: Award of a contract, if it be awarded, will be made to the lowest responsible bidder whose proposal complies with all the requirements prescribed.

Whittier Utility Authority reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interest of Whittier Utility Authority. The award, if made, will normally be made within thirty (30) working days of the date for receipt of proposals.

EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with Whittier Utility Authority on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within ten (10) working days after date of written Notice of Award. Failure or refusal to enter into a contract as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the contract, the Whittier Utility Authority may award the contract to the second lowest responsible bidder. If Whittier Utility Authority awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by Whittier Utility Authority to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.

If the second lowest responsible bidder refuses or fails to execute the contract, Whittier Utility Authority may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidders to execute the contract, such bidders' guarantee likewise shall be forfeited to Whittier Utility Authority. The work may then be re-advertised.

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CONTRACTOR'S PROPOSAL

Company:_____________________________ Address:______________________________

State License Number:_____________________________

To the City Council Whittier Utility Authority 13230 E. Penn Street Whittier, CA 90602

The undersigned bidder hereby proposes to furnish all labor, material, equipment, tools and services necessary to perform all work required under Whittier Utility Authority's Specifications entitled:

In accordance with the intent of said Specifications, and all Addenda issued by said Whittier Utility Authority prior to opening of the proposals.

Said bidder agrees that within ten (10) working days after receipt of written Notice of Award of the Contract by said Whittier Utility Authority, the bidder will execute a contract in the required form, of which the Notice Inviting Bids, Instructions to Bidders, Proposal, Specifications, and all Addenda issued by said Whittier Utility Authority prior to the opening of proposals, are part, and will secure the required insurance and bonds; and that upon failure to do so within said time, then the proposal guarantee furnished by said bidder shall be forfeited to said Whittier Utility Authority as liquidated damages for such failure; provided, that if said bidder shall execute the contract and secure the required insurance and bonds within said time, his/her check, if furnished, shall be returned to him/her within ten (10) working days thereafter, and the Bid Bond, if furnished, shall become void.

Said bidder further agrees to complete all work required under the contract within the time stipulated in said Specifications, and to accept in full payment therefore the price named in the Bidding Schedule.

Dated ______________________ ______________________________ Bidder

Signature

Title

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PROPOSAL - BIDDING SCHEDULE

The Bidder shall total their bid. Unit prices shall prevail in case the amount disagrees with total.

See Special Provisions for full description of bid items.

The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all work in accordance with said specifications for the unit price or lump sum set forth in the following schedule:

BIDDING SCHEDULE

Item Quantity Unit Description with Unit Price Written in Words

Unit Price

Total Amount

1 1 LS Mobilization/demobilization, clearing/grubbing and cleanup (Not to exceed 10% of Bid) at _____________ per lump sum.

*Written in words

*In figures

2 1 LS Traffic Control at

3 12 EA Remove existing fire hydrant assembly, red curb paint, and deliver to city yard at _____________ per each.

4 3300 LF Furnish and install 12" PVC (DR18) pipe including fittings, restraints as specified, pipe abandonment, and removal of interfering existing main at _____________ per linear foot.

5 61 EA Bore, furnish and install 1" water service and meter box/lid including abandonment of existing water service lateral, removal of existing water meter box, boring of new service lateral, and other

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*Written in words

6 24 EA Bore, furnish and install 2" water service and meter box/lid including abandonment of existing water service lateral, removal of existing water meter box, boring of new service lateral, and other appurtenances, complete in place as shown on the plans and specified herein at

7 3 EA Furnish and install 4" water service and meter box/lid including abandonment of existing water service lateral, removal of existing water meter box, boring of new service lateral, and other appurtenances, complete in place as shown on the plans and specified herein at

8 14 EA Furnish and install 4" fire service including abandonment of existing fire service lateral and other appurtenances, complete in place as shown on the plans and specified herein at

9 4 EA Furnish and install 6" fire service including abandonment of existing fire service lateral and other appurtenances, complete in place as shown on the plans and specified herein at

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_____________ per lump sum.

*Written in words

10 1 EA Furnish and install 8" fire service including abandonment of existing fire service lateral and other appurtenances, complete in place as shown on the plans and specified herein at

11 2 EA Furnish and install 4" fire service and replace existing meter per City Standard W-605, including abandonment of existing fire service lateral and other appurtenances, complete in place as shown on the plans and specified herein at

12 15 EA Furnish and install fire hydrant assembly per WUA STD. Plan W- 616 and W-617, including branch gate valve and restrainers, sidewalk, and curb/curb and gutter repair or replacement as shown on the plans and specified herein at

13 6 EA Furnish and install 8" resilient wedge gate valve with slip-can assembly at

14 11 EA Furnish and install 12" butterfly valve with slip-can assembly at

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15 1 EA Furnish and install 14" butterfly valve with slip-can assembly at

16 2 EA Furnish and install 16" butterfly valve with slip-can assembly at

17 18 EA Written Tree Evaluation Prepared by ISA Certified Arborist Municipal Specialist OR ISA Certified Urban Forest Professional

18 3 EA Remove Tree (less than 24” in diameter) and Dispose of Existing Roots at____________ per each.

19 15 EA Remove Tree (24’’ and greater in diameter) and Dispose of Existing Roots at____________ per each.

*Written in words

*In figures

*In figures

20 3300 LF Four 2” HDPE Conduits _____________ per linear foot.

21 4 EA #6E Pull Box

22 1 EA Tie in connection to existing water main at Penn Street and Greenleaf Avenue

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*Written in words 23 1 EA Tie in connection to existing water main at Philadelphia Street and Greenleaf Avenue

24 1 EA Tie in connection to existing water main at Hadley Street and Greenleaf Avenue

25 1 EA Tie in connection to existing water main at Mar Vista Street and Greenleaf Avenue

STATE WHICH PIPE MATERIAL HAS BEEN INCLUDED IN THE BID: __________________

All quantities hereon are approximate and are to be used only for a comparison of bids. Payment for quantities will be made for the actual material used on the job. WUA reserves the right to increase or decrease the amount of any quantity shown and delete any items form the contract.

(Items 1 through 25) GRAND TOTAL $________________________ (In Figures)

(Items 1 through 23) GRAND TOTAL ___________________________________

(In Words)

Bidder (Company Name)

Authorized Signature Title

The AGENCY reserves the right to remove any bid items at the time of the AGENCY’S issuance of its Notice to Proceed. For more information, please see Section 3 of the Standard Specifications for Public Works Construction Modifications.

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COMPENSATION INSURANCE ACKNOWLEDGMENT

In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his/her employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows:

"I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of work of this contract."

Date Signature

Title

State License Number Company

Address

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INFORMATION REQUIRED OF BIDDER

The bidder is required to supply the following information. Additional sheets may be attached if necessary. If requested by WUA, the bidder shall furnish a notarized financial statement, references, and other information, sufficiently comprehensive to permit an appraisal of his/her current financial condition.

1. Firm/Company Name: _____________________________________________

2. Address: _______________________________________________________

3. Telephone No.:__________________________________________________

4. Type of Firm: Individual ( ) Partnership ( ) Corporation ( )

5. Corporation organized under the laws of the State of _____________________

6. Contractor's License: License No. ____________ State __________________

Expiration Date of Contractor’s License __________________________

7. DIR Registration No.: ______________________

8. Names and Titles of all officers of the firm:

9. Number of years of experience in projects of this type ___________________

10.Three projects of this type recently completed:

11. Person who inspected site of the proposed work for your firm:

______________________________ Date Inspected _______________

All persons or parties submitting a bid proposal on the project shall complete the following form setting forth the name, location, and place of business of each subcontractor who will perform work or labor or render services to the prime Contractor in or about the

Agency

Type of Project

Date

Completed

Contract

Amount

Name & Phone No. of

Engineer

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It is noted that if a Contractor fails to specify a subcontract for any portion of the work to be performed under the contract, he/she shall be deemed to have agreed to perform such portion himself/herself, and he/she shall not be permitted to subcontract that portion of the work except by written consent of the awarding authority. The requirement of the submission of this list, the legal consequences for failure of the Contractor to do so, and other particular details concerning the same shall be as set forth in the "Subletting and Subcontracting Fair Practices Act," California Public Contract Code (Sections 4100 et seq.) to which the bidder is hereby referred.

SUBCONTRACTOR: License No.

Address DIR No.

street city zip Phone No. ( ) Type of work: Value of work street city Zip Phone No. ( )

** Additional copy of this form shall be made if needed

The undersigned further agrees that in case of default in executing the required contract with necessary bonds within ten (10) working days after receipt of the Notice of Award of

\\WH-CH-FILES01\Department\Public Works\CIP Projects\Active Projects\22-023 24-056 Greenleaf Avenue Water Main Replacement\13. Specifications\Greenleaf Ave Water Main contract, the proceeds of the check or bond accompanying his/her bid shall become the property of WUA. If WUA awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by WUA to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The undersigned further agrees to complete the work within Seventy (70) working days after date set forth in the Notice to Proceed.

If an individual, so state. If a firm or co-partnership, state the firm name and give names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer, and Manager thereof.)

The representations contained in the attached bid are true and correct and are made under penalty of perjury.

I declare under the provisions of California Administrative Code (Business and Professions) Section 7028.15, that the foregoing is true and correct.

Executed at _______________________ on the ______ day of _____________, 20___.

By: __________________________ President

Secretary

Treasurer

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BID BOND

__________________________________ as Principal, and _______________ ______________________________________ as Surety are held and firmly bound unto the Whittier Utility Authority, County of Los Angeles (WUA), in the sum of:

_________________________________________________________ dollars, (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

Said Principal has submitted a bid to said WUA to perform all work required under the WUA's Specifications entitled:

NOW THEREFORE, if said Principal is awarded a contract by said WUA, and, within the time and in the manner required under the heading " Instructions to Bidder's" bound with said Specifications, enters into a written contract on the form of Agreement bound with said Specifications and furnished the required insurance and required bonds, one to guarantee faithful performance and the other to guarantee payment of labor and materials, then this obligation shall be null and void, otherwise it shall remain in full force and effect.

In the event suit is brought upon this bond by said WUA and judgment is recovered, said Surety shall pay all costs incurred by said WUA in such suit, including a reasonable attorney's fee to be fixed by the court.

Principal Surety

By _______________________________ By _____________________________

Its____________________________ Its__________________________

By _______________________________ By _____________________________

Its____________________________ Its__________________________ (Seal) (Seal)

Surety signatures on this bond must be acknowledged before notary public, and a legally sufficient power of attorney must be attached to the bond to verify the authority of any party signing on behalf of a surety.

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NON-COLLUSION AFFIDAVIT

To: The Whittier Utility Authority, California:

That undersigned, in submitting a bid for performing the following work by contract, being duly sworn, deposes and says:

That undersigned has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the following contract:

Business Address Signature of Bidder

Place of Residence Title

State of California

County of _______________________

Subscribed and sworn to (or affirmed) before me on this ________________ of ________________ , 20____, by ______________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

(seal) Signature ____________________

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AGREEMENT

The following agreement is made and entered into, in duplicate, as of the date executed by the Secretary and the Executive Director, by and between ______________________, (Contractor) State Contractor’s License No. __________ and the Whittier Utility Authority, California (WUA).

Pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice.

WUA accepted the bid of the Contractor in the amount of _______________________________Dollars ($______________).

WUA has authorized the Secretary and Executive Director to enter into a written contract with Contractor for furnishing labor, tools, equipment, and material for the:

NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:

1. DESCRIPTION OF WORK: The work to be performed consists of the abandonment and replacement of the water main and appurtenant work, in accordance with the project plans as specified hereinafter, project specifications as specified hereinafter for the Whittier Utility Authority, Los Angeles County, State of California, and in accordance with the Standard Specifications for Public Works Construction (The Greenbook), Latest Edition. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment to complete the project and be responsible for obtaining a no fee encroachment permit(s) for the project from the City of Whittier, Public Works

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:

The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Notice Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract of not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control.

PLANS: 22-023 – GREENLEAF AVENUE WATER MAIN

REPLACEMENT

10 sheets

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3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within ten (10) working days after receipt of the Notice of Award of the contract or upon notice by the WUA. The Contractor shall order all necessary materials within ten (10) working days after date of execution of the contract.

The Contractor shall also furnish the Engineer with statements from the vendors that the orders for the materials and equipment required for this contract have been received and accepted by said vendors within fifteen (15) working days from and after date of execution of the contract. Said statements shall give the dates that the materials and equipment will be shipped.

The Contractor shall start work after receiving all materials necessary to complete the described work and a Notice to Proceed from the Engineer. The Contractor shall complete all work within seventy (70) working days after the date set forth to start work in the Notice to Proceed. The bidder agrees further to the assessment of liquidated damages in the amount of $4,800.00 for each calendar day the work remains incomplete beyond the expiration of the completion date. WUA may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages.

4. INSURANCE: The Contractor shall not commence work under this contract until he/she has obtained all insurance required hereunder from a surety company or companies acceptable to WUA nor shall the Contractor allow any subcontractor to commence work on his/her subcontract until all insurance required of the sub-contractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance:

Workers’ Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he/she has taken out full compensation insurance for all persons whom he/she may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall have statutory limits and employer's liability insurance’s with limits of not less than $1,000,000 and shall be maintained in full force and effect during the period covered by this contract.

In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his/her employees.

Contractor, prior to commencing work, shall sign and file with the City a certification as follows:

"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will

\\WH-CH-FILES01\Department\Public Works\CIP Projects\Active Projects\22-023 24-056 Greenleaf Avenue Water Main Replacement\13. Specifications\Greenleaf Ave Water Main comply with such provisions before commencing the performance of work of this contract."

Liability Insurance: The minimum limits of Liability Insurance as specified in Section 7-3 of the Standard Specifications for Public Works Construction are hereby revised as follows:

The contractor shall maintain insurance at least according to the following:

1. Workers' Compensation insurance with statutory limits and employer's liability insurance with limits of not less than $1,000,000.

2. Commercial General Liability with a combined single limit of not less than

$2,000,000 per occurrence, and general aggregate of not less than $4,000,000. Such insurance shall:

a. Include products and completed operations liability, owners and contractor protective, blanket contractual liability, and personal injury liability.

b. Name the WUA as additional insured;

c. Be primary for all purposes;

d. Contain standard cross liability provisions.

3. Automobile liability insurance with limits not less than $1,000,000 per occurrence, and with a general aggregate of not less than $2,000,000.

Such insurance shall be issued by a company or companies, authorized to transact business in the State of California. Such insurance shall include coverage for owned, hired, and non-owned automobiles.

Such insurance shall be issued by a surety company or companies authorized to transact business in the State of California.

The contractor shall:

1. Furnish a properly-executed certificate of insurance, which certificate shall clearly evidence all coverage required above and provide that such insurance shall not be terminated nor expire except on thirty (30) calendar days prior written notice to the WUA;

2. Maintain such insurance from the time work first commences until completion of work under this agreement.

3. Replace such certificate for policies expiring prior to completion of work under this agreement.

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4. Shall save, keep, and hold harmless WUA, the City of Whittier, its employees, officers, volunteers and agents from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury, received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission by the contractor, any of the contractor's employees, officers, agents and volunteers or any subcontractor. WUA will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.

a. The policy of insurance provided for shall contain an endorsement which:

(1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.2 (b) hereof to be listed as additional insureds in the policy of insurance provided for by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein;

(2) Provides it shall not be canceled or altered without thirty (30) calendar days written notice thereof given to WUA by registered mail.

b. The Contractor shall at the time of the execution of the contract present the original policies of insurance required or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein.

5. PERFORMANCE AND PAYMENT BONDS. Prior to WUA’s execution of this

Agreement, Contractor shall furnish to WUA two (2) duly executed surety bonds using the forms included herein, one (1) as security for the faithful performance of the contract and one (1) as security for the payment of all persons performing labor and furnishing materials in connection with the contract. Both bonds shall be in the amount of one hundred percent (100%) of the contract price and shall be subscribed by an insurer which is authorized to transact surety insurance business in the State of California and rated by A.M. Best, Duff and Phelps, Moody’s, Standard and Poor’s or Weiss Research. Should any bond or surety become insufficient, Contractor shall furnish WUA a new bond within ten (10) days after receiving notice from WUA. No payments will be due or paid under the Contract until any and all bond deficiencies have been remedied. Contractor, by execution of this Agreement acknowledges that the bonds are not contract documents, but are separate obligations.

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6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor and any subcontractors are required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages and are available on-line at www.dir.ca.gov/dlsr/DPreWageDetermination.htm and the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. Copies of such prevailing rates of per diem wages are also on file in the office of the Secretary of the WUA, 13230 E. Penn St.

Whittier, California, and are available to any interested party on request. WUA also shall cause a copy of such determinations to be posted at the job site. By executing this agreement, Contractor certifies that neither it, nor any of its subcontractors are ineligible under Labor Code Section 1777.1 or Section 1777.7 from bidding on, entering into a contract for, or performing the Work.

The Contractor shall forfeit, as penalty to WUA, two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him/her or by any subcontractor under him/her, in violation of the provisions of said Labor Code.

7. CERTIFIED PAYROLL: Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code Sections 1776 and 1812, and all implementing regulations promulgated by the DIR. For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code Sections 1771, 1811, and 1815. Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.

8. DIR REGISTRATION: Labor Code Sections 1725.5 and 1771.1 requires all general contractors and subcontractors to be registered with DIR.

9. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section

1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work.

Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him/her.

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Section 1777.5 as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except:

a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 calendar days prior to the request for certificate, or

b. When the number of apprentices in training in the area exceeds a ratio of one to five, or

c. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or

d. When the Contractor provides evidence that he/she employs registered apprentices on all of his/her contracts on an annual average of not less than one apprentice to eight journeymen.

The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he/she employs registered ap-prentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

The Contractor and subcontractor under him/her shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of…