Contract Documents

Specifications and

Special Provisions for

HARBOR SUBSTATION LINE EXTENSION

PROJECT PHASE II

Account Numbers:

525-521-6761-7865-2500769-01; 525-521-6761-7865-2500770-01;

528-521-6761-7865-2601860-05; 528-521-6761-7865-2601860-06

RCP 2025-23122

Fiscal Year 2026-2027 Carlos Castellanos, P.E. - City Engineer

Anaheim Public Utilities Public Works Department

Anaheim, California

City of Anaheim HARBOR SUBSTATION LINE EXTENSION PROJECT PHASE II

RCP2025-23122

TABLE OF CONTENTS

SECTION TITLE

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

Invitation to Bidders

Instructions to Bidders

Contract Documents include but are not limited to:

Proposal Bid Bond Non-Collusion Affidavit Designation of Subcontractors

Equal Employment Opportunity Certificates of Compliance Conflict of Interest Form

Public Works Special Provisions

Survey Requirements

Electrical Special Provisions

Electrical Construction Standards*

Additional documentation:

Prequalified Electrical Contractors Transmission and Distribution 2021 – 2026 Skilled and Trained Workforce Pre-Construction Checklist & Handouts

Sample Agreement, Faithful Performance Bond, Labor and Material Bond

Assembly Bill 626

Sample Project Information Sign

Plans**

* To obtain, submit signed Non-Disclosure Agreement (NDA), see “Supplementary Instructions to Bidders” in Section 2 for additional details

**Under separate folder – refer to OpenGov

SECTION

1.

Invitation to Bidders

1 of 2 Invitation to Bidders

INVITATION TO BIDDERS CITY OF ANAHEIM

Subject to conditions prescribed by the City of Anaheim (City), electronic proposals are invited for the following project:

Harbor Substation Line Extension Project – Phase II Account No.: 525-521-6761-7865-2500769-01; 525-521-6761-7865-2500770-01;

WORK DESCRIPTION: Construction will consist of installing new 12kV underground substructures and electrical equipment along Disney Way, Anaheim Boulevard, Haster Street, and within the Disneyland Resort. The project is part of the Anaheim Public Utilities Capital Improvement Program to improve electric service reliability and capacity in these areas.

ESTIMATED CONSTRUCTION COST: $11,100,000

CALIFORNIA CONTRACTOR’S LICENSE(S) REQUIRED: General Engineering (A) and C-10

PROJECT DURATION: Two Hundred Eighty (280) Working Days

PROJECT INFORMATION:

NON-MANDATORY PRE-BID MEETING

6/30/2026 at 3:00 P.M.

Location:

Microsoft Teams (virtual)

Please join the Microsoft Teams Meeting from your computer, tablet or smartphone using the below link:

https://msteams.link/HBKS

Meeting ID: 246 536 994 440 371

Passcode: sN7Fn6tp

You can also dial in using your phone: United States:

+1 323-433-2246,,760231140#

Phone Conference ID: 760 231 140#

BID DEADLINE (PROPOSALS DUE) /

BID OPENING DATE:

7/30/2026 at 2:00 P.M.

No bids will be accepted after the specified due date and time.

CONTACTS

CITY’S CONTRACT ADMINISTRATION: Public Works – Construction Services Division

200 S. Anaheim Blvd., Suite 276

Anaheim, CA 92805

(714) 765-5157

CONTRACT ADMINISTRATOR: John Martin, Construction Contract Administrator

(714) 765-5157 / JMartin@anaheim.net

CITY’S OPERATING DEPARTMENT

PROJECT MANAGER:

Anaheim Public Utilities – Electrical Division

Jason Rilloraza, Associate Power Engineer

(714) 765-4659 / JRilloraza@anaheim.net tel:+13234332246,,760231140 mailto:JMartin@anaheim.net mailto:JRilloraza@anaheim.net

City of Anaheim Harbor Substation Line Extension Project – Phase II

2 of 2 Invitation to Bidders

PROCEDURES: Electronic proposals (bids) shall be submitted on OPENGOV (the City’s on-line bidding portal):

https://procurement.opengov.com/portal/anaheim

Contractors must register on the website in order to download the bid documents (including plans and specifications). Bidders may refer to the Bid Information tab on PlanetBids for other details including the engineer’s estimate, project duration, and license requirement(s).

The original Bid Bond or Cashier’s Check for 10% of the amount of the Bid made payable to the City of

Anaheim and shall be submitted to the City Clerk prior to the specified bid due date and time or as revised via addendum to the project documents.

Bids shall be prepared and submitted in singular and in accordance with the Instructions to Bidders. Bids will be opened and publicly read at the City of Anaheim Office of the City Clerk. Bids shall include all documents as prescribed in the Proposal document. Bidders shall refer to the Instructions to Bidders and

Standard Specification Supplement issued with the bid documents for additional requirements.

Bidders shall agree not to withdraw Bids for a period of sixty (60) days after the date of opening of the Bids.

The awarded Contractor and subcontractors shall pay not less than the higher of the two rates contained in the current general prevailing wage rate(s) and per diem rate(s) established by the Director of the

Department of Industrial Relations of the State of California, (as set forth in the Labor Code of the State of

California, commencing at Section 1770 et seq.), or by the Secretary of Labor (as set forth in Davis-Bacon

Act, 40 U.S.C. 267a, et seq.).

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

No contractor or subcontractor may be listed on a bid proposal for a Public Works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

No contractor or subcontractor may be awarded a contract for public work on a Public Works project

(awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to

Labor Code section 1725.5.

COMMUNITY WORKFORCE AGREEMENT: This project is NOT covered “Project Work” as defined in the

Second Amended and Restated Community Workforce Agreement (CWA).

SKILLED AND TRAINED WORKFORCE: Bidders are responsible for fully complying with the skilled and trained force requirements set forth in the Public Contract Code § 2600- § 2603.

The contractor, bidder, or other entity will provide to the public entity or other awarding body, on a monthly basis while the project or contract is being performed, with a report demonstrating compliance with Chapter

2.9 of the Public Contract Code.

Bidder understands that it is responsible for fully complying with the requirements of Labor Code §1777.5 and §1777.7.

EXAMINATION OF BID DOCUMENTS: Bid Documents for the Work may be examined without charge on or after the advertisement date at: City of Anaheim, 200 S. Anaheim Blvd, Suite 276 – Public Works

Engineering Counter Anaheim, CA 92805.

REJECTION OF BIDS: The City reserves the right to reject any and all bids, or waive any informalities, irregularities or technicalities.

BID PROTEST: A bid protest shall specify the reasons and facts upon which the protest is based and shall be in writing and received by the City Clerk’s Office and an electronic copy to the project Contract Administrator no later than five (5) business days after bid opening date.

The City of Anaheim

Advertisement Date(s): 6/18/2026, 6/25/2026

2.

Instructions to Bidders

1 Instructions to Bidders

INSTRUCTIONS TO BIDDERS CITY OF ANAHEIM

ARTICLE 1

DEFINITIONS

1.1 Except as otherwise specifically provided, definitions set forth in other Contract Documents are applicable to all Bidding Documents.

1.2 The term “Addenda” means written or graphic instruments issued by the City prior to the Bid

Deadline which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections.

1.3 The term “Alternate” means a proposed change in the Work, as described in the Bidding

Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both.

1.4 The term “Bid Deadline” means the date and time on or before which Bids must be received, as designated in the Invitation to Bidders and which may be revised by Addenda.

1.5 The term “Bidder” means a person or firm that submits a Bid.

1.6 The term “Bidding Documents” means the construction documents prepared and issued for bidding purposes including all Addenda thereto.

1.7 The term “Estimated Quantity” means the estimated quantity of an item of Unit Price Work.

1.8 As used in these Instructions to Bidders, the term “City” means the City's office issuing the

Bidding Documents.

1.9 The term “Lump Sum Base Bid” means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including Unit Price items or Alternates.

1.10 The term “Planholder” means a person or entity known by the City to have downloaded complete set of Bidding Documents on OPENGOV.

1.11 The term “Unit Price” means an amount stated in the Bid for which Bidder offers to perform an item of Unit Price Work for a fixed price per unit of measurement.

1.12 The term “Skilled and Trained Workforce (STW)” means A workforce that meets the requirements outlined in the Public Contract Code Section 2601, where all workers performing work in apprenticeable building and construction trades are either registered apprentices in a Division of

Apprenticeship Standards (DAS)-approved program or skilled journeypersons with equivalent training or experience.

1.13 As used in these Instructions to Bidders, the term “Business Day” means any day other than a Saturday, a Sunday, and the holidays specified herein, and to the extent provided herein, if the City

City of Anaheim Harbor Substation Line Extension Project – Phase II

2 Instructions to Bidders or applicable office of the City is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time in these

Instructions to Bidders. Holidays designated by the City as a holiday are specified in the Proposal document.

ARTICLE 2

BIDDER'S REPRESENTATIONS

2.1 Bidder, by making a Bid, represents that:

2.1.1 Bidder has read, understood, and made the Bid in accordance with the provisions of the

2.1.2 Bidder has visited the Project site and is familiar with the conditions under which the Work is to be performed and the local conditions as related to the requirements of the Contract Documents.

2.1.3 The Bid is based upon the materials, equipment, and systems required by the Bidding

Documents without exception.

2.1.4 At the time of submission of the Bid, Bidder and all Subcontractors, regardless of tier, have the appropriate current and active licenses issued by the State of California Contractors State License

Board for the Work to be performed and any licenses specifically required by the Bidding Documents.

If Bidder is a joint venture, at the time of submission of the Bid, Bidder shall have the licenses required by the preceding sentence in the name of the joint venture itself. The State of California Business and

Professions Code, Division 3, Chapter 9, known as the “Contractor's License Law,” establishes licensing requirements for contractors.

2.1.5 Bidder has read and shall abide by the nondiscrimination requirements contained in the

2.1.6 Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents.

2.1.7 The person executing the Proposal document is duly authorized and empowered to execute the Designation of Subcontractors form on behalf of Bidder.

2.1.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable Code

Requirements in its performance of the Work.

ARTICLE 3

BIDDING DOCUMENTS

3.1 COPIES

3.1.1 Bidders may obtain complete sets of the Bidding Documents from OPENGOV (the City’s on-line bidding portal): https://procurement.opengov.com/portal/anaheim

3 Instructions to Bidders

3.1.2 Bidders shall use a complete set of Bidding Documents in preparing Bids.

3.1.3 The City makes copies of the Bidding Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Bidding Documents.

3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

3.2.1 Bidder shall, before submitting its Bid, carefully study and compare the components of the

Bidding Documents and compare them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted; shall examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and shall at once report to the City's Representative errors, inconsistencies, or ambiguities discovered. If Bidder is awarded the Contract, Bidder waives any claim arising from any errors, inconsistencies or ambiguities, that Bidder, its subcontractors or suppliers, or any person or entity under Bidder on the Contract became aware of, or reasonably should have become aware of, prior to Bidder’s submission of its Bid.

3.2.2 Requests for clarification or interpretation of the Bidding Documents shall be submitted in writing to the City Engineer or designee through OPENGOV (the City’s on-line bidding portal).

3.2.3 Clarifications, interpretations, corrections, and changes to the Bidding Documents will be made by Addenda only. Clarifications, interpretations, corrections, and changes to the Bidding

Documents made in any other manner shall not be binding and Bidders shall not rely upon them.

3.2.4 After the contract has been awarded, contractor agrees in advance that any ambiguities not submitted to the Engineer pursuant to the above, shall be construed against the Contractor and in favor of the City.

3.3 PRODUCT SUBSTITUTIONS

3.3.1 Substitutions will be considered in accordance with the Plans and Specifications.

3.4 SUBCONTRACTORS

3.4.1 Each Bidder shall list all Subcontractors that will perform work, labor or render such services as defined in the Designation of Subcontractors form. An inadvertent error in listing the California contractor license number or DIR Registration numbers shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor’s license number or DIR registration is submitted in writing by, and actually received from, the Bidder within 24 hours after the bid opening and provided the corrected information corresponds to the submitted name and location for that subcontractor. The failure to list, on the Designation of Subcontractors form, any one of the specified items will result in the City treating the Bid as if no Subcontractor was listed for that portion of the Work and Bidder will thereby represent to the City that Bidder agrees that it is fully qualified to perform that portion of the Work and shall perform that portion of the Work.

3.4.2 Subcontractors listed in the Designation of Subcontractors form shall only be substituted after the Bid Deadline with the written consent of the City and in accordance with the State of California

“Subletting and Subcontracting Fair Practices Act.”

4 Instructions to Bidders

3.5 ADDENDA

3.5.1 Addenda will be issued only by the City and only in writing. Addenda will be identified as such and will be made available, via download from OPENGOV to each potential bidder who has registered on-line to receive project updates. The City will not be responsible for any other explanation or interpretation of the proposed documents nor will the City be responsible for the completeness of project documents obtained from other sources.

3.5.2 Copies of Addenda will be made available for inspection at the address specified in the

Invitation to Bidders.

3.5.3 Addenda will be issued such that Planholders should receive them no later than 3 full business days prior to the Bid Deadline. Addenda withdrawing the request for Bids or postponing the

Bid Deadline may be issued any time prior to the Bid Deadline.

3.5.4 Each Bidder shall be responsible for ascertaining, prior to submitting a Bid, that it has received all issued Addenda.

ARTICLE 4

PRE-BID MEETING

4.1 Bidder shall attend the Pre-Bid Meeting (when mandatory) at which the requirements of the

Bidding Documents are reviewed by the City, comments and questions are received from Bidders, and a Project site visit may be conducted. The City requires all Pre-Bid Conference attendees to arrive for the meeting on time and to sign an attendance list, which in turn is used to determine if Bidders meet the mandatory attendance requirement. Any Bidder not attending a mandatory Pre-Bid Meeting in its entirety will be deemed to have not complied with the requirements of the Bidding Documents and its

Bid will be rejected.

ARTICLE 5

BIDDING PROCEDURES

5.1 FORM AND STYLE OF BIDS

5.1.1 Bids shall be submitted on the Proposal document, including all other required documents specified in the Bidding Documents. Bids not submitted on the required forms in the form and manner specified shall be rejected.

5.1.2 The Proposal and all other required documents shall be filled in legibly in ink or by typewriter.

All portions of the required forms must be completed and signed before the Bid is submitted.

Proposals shall be uploaded to OPENGOV and the line item costs shall be input on-line in the bidding software on or before the day and hour set for the opening of bids. Failure to comply with the requirements of this Article will result in the Bid being rejected as nonresponsive.

5 Instructions to Bidders

5.1.3 Bidder's failure to submit a price for any Alternate or Unit Price will result in the Bid being considered as nonresponsive.

5.1.4 Bidder shall make no stipulations on the Proposal document, including all other required documents nor qualify its Bid in any manner.

5.1.5 Proposal forms form shall be signed by a person or persons legally authorized to bind Bidder to a contract. Failure to sign and date the forms may cause the Bid to be rejected.

5.2 BID SECURITY

5.2.1 Each Bid shall be accompanied by Bid Security in the amount of 10% of the total bid amount as security for Bidder's obligation to enter into a Contract with the City on the terms stated and to furnish all items required by the Bidding Documents. Bid Security shall be a Bid Bond on the form provided by the City and included herein, or a certified check made payable to “The City of Anaheim.”

When a Bid Bond is used for Bid Security, failure to use the City's Bid Bond form will result in the rejection of the Bid. Bidder must use the Bid Bond form provided by the City or an exact, true and correct photocopy of such form. The Bid Bond form may not be retyped, reformatted, transcribed onto another form, or altered in any manner except for the purpose of completing the form.

5.2.2 If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all items required by the Bidding Documents within the time limits specified in these Instructions to Bidders, the Bidder agrees to the deduction of one (1) working day from the number of days available to achieve the Contract completion date for every day of delay in receipt by the City of the Contract, Insurance and Bond Documents beyond the Document Deadline Date. Said deduction shall be in addition to any other remedy available to the City upon the Bidder’s failure to timely provide said Contract, Insurance and Bond Documents, including the right of the City to refuse to execute and deliver the Agreement or to take such other action as may be authorized by law. In the event said Contract, Insurance and Bond

Documents are received by the City on or before the Document Deadline Date, the subsequent delivery of a fully executed copy of this agreement to the Contractor by the City shall be deemed an election by the City to exercise the deduction of working days to achieve the Contract Completion Dates without further notice to the Contractor being required.

Other remedies include the City’s rejection Bidder’s Bid and select the next apparent lowest responsible Bidder until all Bids have been exhausted or the City may reject all Bids. The Bidder whose

Bid is rejected for such failure(s) shall be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the Bid Security, between the amount of the Bid of the Bidder so rejected and the greater amount for which the City procures the Work.

5.2.3 If a Bid Bond is submitted, the signature of the person executing the Bid Bond must be notarized. If an attorney-in-fact executes the Bid Bond on behalf of the surety, a copy of the current power of attorney bearing the notarized signature of the appropriate corporate officer shall be included with the Bid Bond. Additionally, the surety issuing the Bid Bond shall be, on the Bid Deadline, an admitted surety insurer (as defined in the California Code of Civil Procedure Section 995.120).

5.2.4 Bid Security will be returned after the contract has been awarded. Notwithstanding the preceding, if a Bidder fails or refuses, within 21 days or specified otherwise after receipt of Notice of

Award, to sign the Agreement or submit to the City all of the items required by the Bidding Documents, the City will retain that Bidder’s Bid Security. If the Bid Security is in the form of a Bid Bond, the Bid

Security will be retained until the City has been appropriately compensated; if the Bid Security is in the

6 Instructions to Bidders form of certified check, the City will negotiate said check and after deducting its damages, return any balance to Bidder.

5.3 SUBMISSION OF BIDS

5.3.1 Proposals (bids), including all documents required to be submitted with the bid, will be received only at the City of Anaheim Office of the City Clerk until the date and time specified in the legal notice or Addenda to the project documents, whichever occurs latest, for the construction of work described in the project documents or said legal notice. In addition to the uploading of Proposal

Documents on OPENGOV as described in the Invitation to Bidders, the fully executed original Bid Bond shall be delivered to the City Clerk on or before the actual bid opening day and time.

5.3.2 Bids shall be deposited at the designated location on or before the Bid Deadline. The fully executed original Bid Bond shall be enclosed in a sealed envelope addressed to the City Council of the

City of Anaheim, bearing the name and address of the bidder and the name and account number of the project on or before the actual bid opening day and time. A Bid received after the Bid Deadline will be returned to Bidder unopened.

5.3.3 Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

5.3.4 Oral, telephonic, electronic mail (e-mail), facsimile, or telegraphic Bids are invalid and will not be accepted.

5.4 WITHDRAWAL OF BID

5.4.1 Prior to the Bid Deadline, a submitted Bid may be withdrawn by notice to the City receiving

Bids at the location designated for receipt of Bids.

5.4.2 A withdrawn Bid may be resubmitted on or before the Bid Deadline, provided that it then fully complies with the Bidding Requirements.

5.4.4 Bids may not be modified, withdrawn, or canceled within 60 days after the Bid Deadline unless otherwise specified.

7 Instructions to Bidders

ARTICLE 6

CONSIDERATION OF BIDS

6.1 STATEMENT OF PRIME BIDDER’S QUALIFICATIONS

6.1.1 If required, Prime Bidders shall submit a Statement of Prime Bidder’s Qualifications with their Bids on the form provided by the City. Bidders will be considered non-responsive and the City reserves the right to reject their bid if they fail to meet the criteria specified in the Statement of Prime

Bidder’s Qualifications.

6.2 OPENING OF BIDS

6.2.1 Bids which have the required identification and are received on or before the Bid Deadline will be opened publicly and read by the City Clerk and City Engineer, or their respective designees, at the Office of the City Clerk, or other designated location, at the City of Anaheim, California, shortly after the bid opening day and time.

6.3 REJECTION OF BIDS

6.3.1 The City will have the right to reject all Bids.

6.3.2 The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way incomplete or irregular.

6.4 AWARD

6.4.1 The City will have the right, but is not required, to waive nonmaterial irregularities in a Bid. If the City awards the Contract, it will be awarded to the responsible Bidder submitting the lowest responsive Bid as determined by the City and who is not rejected by the City for failing or refusing, within 21 days after receipt of Notice of Award, to sign the Agreement or submit to the City all of the items required by the Bidding Documents.

6.4.2 The City will have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents. The opening of Bids and evaluation of Alternates will be conducted in accordance with a procedure that, at the City's option, either (i) prescribes, prior to the time of Bid opening, the order in which Alternates will be selected or (ii) prevents, before the determination of the apparent low Bidder has been made, information that would identify which Bid belongs to which Bidder from being revealed to the representative of the City selecting the Alternates to be used in determining the low Bidder. After determination of the apparent low Bidder has been made, the City will publicly disclose the identity of each Bidder that submitted a Bid and the amount of each such Bid.

6.4.3 The City will determine the low Bidder on the basis of the sum of all Lump Sum items or all

Unit Prices multiplied by their respective Estimated Quantities, plus the amounts of all Alternates (if any) to be included in the Contract Sum at the time of award.

8 Instructions to Bidders

The Contract Sum will be the sum of all Lump Sum Base Bid or all Unit Prices multiplied by their respective Estimated Quantities and the additive or deductive amounts for all Alternates that the City has elected to be included in the Contract Sum as of the time of award.

6.4.4 The City will post the Bid results on OPENGOV unless another address is specified in the

6.4.5 The City will select the apparent lowest responsive and responsible Bidder and notify such

Bidder on the City's form within 50 days (unless otherwise specified) after the Bid Deadline or reject all Bids. Within 21 days after receipt of Notice of Award, Bidder shall submit to the City all of the following items:

1. One notarized original of the Agreement on the City’s form. Evidence must be attached showing that the signatures are of person(s) who have the authority to bind the Contractor to the agreement.

2. One original of the Labor and Material Bond on the City’s form duly executed by your firm and surety. All signatures must be notarized.

3. One original of the Faithful Performance Bond on the City’s form duly executed by your firm and surety. All signatures must be notarized.

4. Original certificate(s) of insurance (duly executed by insurers) evidencing coverage required by the Contract.

▪ An additional insured endorsement (separate forms) to the general liability and automobile liability insurance policy naming the City of Anaheim, its officers, agents, employees, representatives, and volunteers are also required and said endorsement must bear the wet signature of an authorized representative of the insurance company.

▪ The endorsement must also contain a statement that thirty days' notice must be given to the City of any change or cancellation of the policy.

5. Resume of proposed Superintendent to include qualifications and references.

6. Preliminary Contract Schedule as evidence of the Contractor’s ability to accomplish the Work of the project within the required contract time period.

7. One copy of the Letter of Assent (Attachment A to the Community Workforce

Agreement) signed by the Prime Contractor, if applicable (not applicable for this project). Letters of Assent by Subcontractors and all others covered by the

CWA shall be submitted in accordance with the deadlines prescribed in Section

2 of the Standard Specification Supplement.

8. Once copy of the Skilled and Trained Workforce and Labor Compliance

Program from section 8.

9. Cost Breakdown for lump sum bid items, if applicable.

6.4.6 Prior to award of the Contract, the City will notify Bidder in writing, if the City, after due investigation, objects to a Subcontractor or Superintendent proposed by Bidder, in which case Bidder

9 Instructions to Bidders shall propose a substitute acceptable to the City. Failure of the City to object to a proposed

Superintendent or Subcontractor prior to award shall not preclude the City from requiring replacement of Superintendent or any Subcontractor based upon information received subsequent to award, information which cannot be properly evaluated prior to award due to time constraints, or information relating to a failure to comply with the requirements of the Contract.

6.4.7 If Bidder submits three originals of the signed Agreement and all other items required to be submitted to the City within 21 days after receipt of Notice of Award and if all such items comply with the requirements of the Bidding Documents and are acceptable to the City, the City will award the

Contract to Bidder by signing the Agreement and returning a signed copy of the Agreement to Bidder.

6.4.8 If the City consents to the withdrawal of the Bid of the apparent lowest responsive and responsible Bidder, or the apparent lowest responsive and responsible Bidder fails or refuses to sign the Agreement or submit to the City all of the items required by the Bidding Documents, within 21 days after receipt of Notice of Award, or that Bidder is not financially or otherwise qualified to perform the

Contract, the City may reject such Bidder's Bid and select the next apparent lowest responsible Bidder, until all Bids are exhausted, or reject all Bids. Any Bidder whose Bid is rejected because the Bidder has failed or refused, within 21 days after receipt of Notice of Award, to sign the Agreement or submit to the City all of the items required by the Bidding Documents, shall be liable to the City for all resulting damages.

ARTICLE 7

BID PROTEST

7.1 FILING A BID PROTEST

7.1.1 Any Bidder, person, or entity may file a Bid protest. The protest shall specify the reasons and facts upon which the protest is based and shall be in writing and received by the City not later than 5:00 pm on the 5th business day following:

.1 if the Proposal form does not contain any Alternate(s), the date of the Bid opening;

.2 if the Proposal form contains any Alternate(s), the date that Bid results are made public on OPENGOV.

7.1.2 If a Bid is rejected by the City, and such rejection is not in response to a Bid protest, any

Bidder, person or entity may dispute that rejection by filing a Bid protest (limited to the rejection) in writing and received by the City not later than 5:00 pm on the 3rd business day following the rejected

Bidder’s receipt of the notice of rejection.

7.1.3 For the purpose of computing any time period in this Article 7, the date of receipt of any notice shall be the date on which the intended recipient of such notice actually received it. Delivery of any notice may be by any means, with verbal or written confirmation of receipt by the intended recipient.

7.2 RESOLUTION OF BID CONTROVERSY

7.2.1 The City will investigate the basis for the Bid protest and analyze the facts. The City will notify Bidder whose Bid is the subject of the Bid protest of evidence presented in the Bid protest and

10 Instructions to Bidders evidence found as a result of the investigation, and, if deemed appropriate, afford Bidder an opportunity to rebut such evidence, and permit Bidder to present evidence that it should be allowed to perform the Work. If deemed appropriate by the City, an informal hearing will be held. The City will issue a written decision within 15 days following receipt of the Bid protest, unless factors beyond the

City's reasonable control prevent such a resolution, in which event such decision will be issued as expeditiously as circumstances reasonably permit. The decision will state the reasons for the action taken by the City.

A written copy of the decision will be furnished to the protestor, the Bidder whose Bid is the subject of the Bid protest, and all Bidders affected by the decision. As used in this Article 7, a Bidder is affected by the decision on a Bid protest if a decision on the protest could have resulted in the Bidder not being the lowest responsible and responsive Bidder for the Contract. A written copy of the City’s decision must be received by the protester, the Bidder whose Bid is the subject of the Bid protest, and all

Bidders affected by the decision no later than 3 business days prior to award of the contract.

7.2.2 Bidder whose Bid is the subject of the protest, all Bidders affected by the City’s decision on the protest, and the protestor have the right to appeal to the decision if not satisfied with City’s decision. A request to meet with the City’s designated Hearing Officer to discuss the appeal must be in writing and shall specify the decision being appealed and all the facts and circumstances relied upon in support of the appeal. A copy of the written request and appeal must be received by the City’s representative not later than 5:00 pm on the 3rd business day following appellant’s receipt of the written decision of City.

A copy of the appeal must be sent to all parties involved in the Bid protest and to City, to the same address and in the same manner as the original protest. An appeal received after 5:00 pm is considered received as of the next business day. If the final date for receipt of an appeal falls on a

Saturday, Sunday, or the City holiday, the appeal will be considered timely only if received by 5:00 pm on the following business day. The burden of proving timely receipt of the appeal is on the appealing party.

7.2.3 The City’s designated Hearing Officer will review the City’s decision and the appeal, and issue a written decision; then conduct a hearing and issue a written decision. The written decision of the

Hearing Officer will state the basis of the decision, and the decision will be final and not subject to any further appeal to the City. The Hearing Officer may consult with the City Attorney’s Office on the decision as to legal form. The City will complete its internal Bid protest procedures before award of the Contract.

ARTICLE 8

COMMUNITY WORKFORCE AGREEMENT (NOT APPLICABLE FOR THIS PROJECT)

8.1 The City has entered into an Amended and Restated Community Workforce Agreement

(CWA) with the Los Angeles/Orange Counties Building and Construction Trades Council and the

Signatory Craft Councils and Local Unions. The CWA is a pre-hire collective bargaining agreement that establishes labor relations procedures. Only projects as identified in the Invitation to Bidders are covered “Project Work” as defined in the Amended and Restated Community Workforce Agreement

(CWA). The awarded Contractor and its subcontractors of all tiers shall agree to be party to and bound by the CWA by signing a Letter of Assent (a form attached to the CWA as Attachment A). The CWA will be incorporated by reference in the Construction Contract and can be downloaded at the City’s website at: http://anaheim.net/229/Public-Works.

http://anaheim.net/229/Public-Works

11 Instructions to Bidders

8.2 The awarded Contractor shall submit the signed CWA Letter of Assent (LOA) in accordance with Section 2-1 of the Standard Specifications Supplement. Failure to submit the LOA within the specified timeline will result in rejection of the bid.

1 Supplementary Instructions to Bidders

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS CITY OF ANAHEIM

1. Add the following to Article 3 – Bidding Documents:

ELECTRIC & WATER CRITICAL INFRASTRUCTURE INFORMATION NON-DISCLOSURE

AGREEMENT (AGREEMENT)

The Bidding Documents for this project contains Critical Infrastructure Information (CII) subject to the terms and conditions of the City’s Electric & Water Critical Infrastructure Information

Non-Disclosure Agreement (Agreement).

The Electrical Construction Standards (January 2022) document is considered CII and requires a password to open the document. Bidders shall complete the City’s Electric & Water Critical

Infrastructure Information Non-Disclosure Agreement (Agreement), located in the following pages, in its entirety and email the signed copy to Esperanza Diaz at ediaz@anaheim.net with a request for the password to open the document.

ARTICLE 9

SKILLED AND TRAINED WORK FORCE

9.1 Bidders are responsible for fully complying with the skilled and trained force requirements set forth in the Public Contract Code § 2600- § 2603. The contractor, bidder, or other entity, and its contractors and subcontractors at every tier, will comply with the enforceable commitment that a skilled and trained workforce will be used to complete a contract or project.

9.2 The contractor, bidder, or other entity will provide to the public entity or other awarding body, on a monthly basis while the project or contract is being performed, with a report demonstrating compliance with Chapter 2.9 of the Public Contract Code.

9.3 Bidder understands that it is responsible for fully complying with the requirements of Labor Code

§1777.5 and §1777.7. The bidder awarded the Project, or any Subcontractors under him or her, when performing any of the Work under the Contract or subcontract, employs workers in any apprenticeable craft or trade, the Bidder and Subcontractor shall employ apprentices in the ratio outlined in Labor

Code §1777.5 and §1777.7. Additionally, Labor Code Section 1776 requires contractors to maintain accurate payroll records, ensuring adherence to wage and apprenticeship standards. All team members, including the prime contractor and subcontractors, must have a valid business license with the City of Anaheim prior to the Contract being awarded to the selected bidder.

9.4 The awarded Contractor shall submit the Skilled and Trained Workforce Pre-Construction

Checklist. Failure to submit the form as part of the within the specified timeline will result in rejection of the bid.

mailto:ediaz@anaheim.net

D.O. 172 Effective Date: August 1, 2010 Page 12 of 17

Attachment E

Electric & Water Critical Infrastructure Information (CII) Contractor/Consultant Non-Disclosure Agreement

This Electric & Water Critical Infrastructure Information Non-Disclosure Agreement (Agreement) dated __________________, 20___ is between the City of Anaheim Public Utilities Department (Anaheim) located at 201 S. Anaheim Blvd., Suite 1101, Anaheim, California 92805, and _______________________________________________________________ (“Contractor/Consultant”).

The subject of this Agreement concerns Electric & Water Critical Infrastructure Information, which the Contractor/Consultant would like to obtain from Anaheim for use in conjunction with a City of Anaheim contract or City of Anaheim Project No. ________________, if applicable, or more commonly referred to as_____________________________________________________________________________

Whereas, Critical Infrastructure Information (CII) as defined by Anaheim includes existing and proposed systems and assets, whether physical or virtual, the incapacity or destruction of which would negatively affect security, economic interest, public health or safety, or any combination of those matters. Even though a project may be small, destruction of the project could have serious consequences, particularly where it is a part of a larger overall system, such as access points to the water or electric distribution systems. Computer systems that control or are part of critical infrastructure are included.

Whereas, various entities including Federal Energy Regulatory Commission (FERC) and the Department of Homeland Security, among others, require that public agencies institute procedures to ensure the safe storage and secure handling of CII, documentation, or records that should be protected and not disclosed.

Whereas, CII is valuable, sensitive, and protected by law or strict Anaheim policies. The intent of these laws and policies is to assure that CII remains confidential – that is, it will be used only as necessary to accomplish Anaheim’s goals or mission. Disclosure of CII in any manner that permits review or interceptions by unauthorized persons is prohibited. CII may only be released to persons with a need-to-know upon the written authorization from Anaheim. CII includes information, documentation, or records marked as such relating to Anaheim’s electric and water infrastructure security or protected systems.

Whereas, all information, documents, records, or other materials including CII (collectively “Information”) provided to the Contractor/Consultant and/or its agents shall remain the sole and exclusive property of Anaheim. Such Information may not be modified, reproduced, republished, redistributed, or presented for sale, completely or in part, and doing so may result in legal liability and/or injunctive relief. All Information provided is only to be used in conjunction with the contract or project as referenced above.

NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, Contractor/Consultant understands and hereby agrees as follows:

1. Certain information, documents, records, and/or other materials which Contractor/Consultant and its agents will receive from Anaheim may contain CII.

2. Contractor/Consultant and its agents may learn of or have access to some or all of this CII through a computer system or current or potential contractual relationship with Anaheim.

3. Contractor/Consultant and its agents are obligated to protect this CII from unauthorized disclosure and will safeguard the confidentiality of the CII that it/they/I has/have access to at all times in accordance with the terms of this Agreement, and are obligated to notify Anaheim of subpoenas, requests to produce, or other administrative or legal actions to obtain CII or copies of CII in sufficient time for

D.O. 172 Effective Date: August 1, 2010 Page 13 of 17

Anaheim, in its sole discretion, to take the appropriate action to protect its CII from unauthorized disclosure.

4. Contractor/Consultant and its agents will not in any way divulge, copy, release, sell, loan, alter or destroy any CII except as properly authorized within the scope of its/their/my Anaheim related duties, obligations, or business activities.

5. Contractor/Consultant and its agents will safeguard and not disclose its/their/my access information, code, or any other authorization means that it/they/I has/have that allows Contractor/Consultant and its agents to access CII.

6. Contractor/Consultant and its agents have no right or ownership interest in any CII referred, disclosed, or provided in response to this Agreement.

7. Negligent or willful violation of this Agreement may subject Contractor/Consultant and its agents to adverse consequences, which may include, but are not limited to, termination of Anaheim contracts or work, legal liability, and/or injunctive relief.

8. Contractor/Consultant and its agents accepts/accept responsibility for Contractor/Consultant and its agents use, misuse, or wrongful disclosure of CII and for Contractor’s/Consultant’s and its agents’ negligent or willful failure to safeguard access information, code or other authorization means for access to CII.

9. Upon completion of the contract or project, Contractor/Consultant and its agents hereby certify that it/they/I will return to Anaheim the CII that is received pursuant to the Anaheim authorization or will cause the same to be shredded or destroyed in such a manner so as to ensure that the CII is rendered incapable of review or interceptions by unauthorized persons.

10. Execution of this Agreement shall not nullify or affect, in any manner, any other agreement, non-disclosure or otherwise, which Contractor/Consultant or its agents have executed either individually or on behalf of a third party or which may be executed in the future with Anaheim.

11. All obligations with respect to the confidentiality and security of all CII disclosed to Contractor/Consultant and its agents shall survive the termination of this Agreement, any other agreement, or a personal or business relationship with Anaheim.

12. Contractor/Consultant and its agents will conduct itself/themselves/myself in strict conformance with all applicable laws, including the Anaheim Municipal Code as well as Anaheim policies governing CII.

13. Anaheim, in its sole discretion, may at any time revoke the Contractor’s/Consultant’s and its agents’ authorization to access CII.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, irrespective of its choice of law principles, and the venue for any dispute arising out of this Agreement shall be Orange County, California. If any provisions of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement shall remain in full force and effect.

This Agreement constitutes the entire agreement between Anaheim and Contractor/Consultant and its agents with respect to the specific subject matter hereof, and supersedes all written and oral communications about the specific subject matter hereof. No modifications or revisions shall be of any force or effect, unless the same is in writing and executed by Anaheim and Contractor/Consultant and its agents.

Each signatory below represents that he or she is duly authorized to sign this Agreement on behalf of the Contractor/Consultant and its agents for whom he or she signs.

D.O. 172 Effective Date: August 1, 2010 Page 14 of 17

IN WITNESS WHEREOF, this Agreement has been duly executed by the undersigned.

Printed Name of Individual Title Date

Signature of Individual Business Phone Number

Company Name Fax Number

Address E-mail Address

City, State, Zip Code

Original: Public Utilities Department – Records & Information Manager Copies: Contractor/Consultant

Rev. Date 8/1/2010

3.

Contract Documents

P-1

PROPOSAL CITY OF ANAHEIM

Anaheim, California For the construction of:

Harbor Substation Line Extension Project – Phase II

Account Nos.: 525-521-6761-7865-2500769-01; 525-521-6761-7865-2500770-01; 528-521-6761-7865-

2601860-05; 528-521-6761-7865-2601860-06

Advertisement Dates: 6/18/2026 & 6/25/2026 Bid Date: 07/30/2026

Bid Time: 2:00 P.M.

To the Honorable City Council From____________________________________________________

City of Anaheim Contractor’s Name

Gentlepersons:

The undersigned, as bidder, declares that it has carefully examined the location of the proposed work above described, examined the Plans and Specifications and General Conditions therefore, read the

Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract

Documents, as defined in the General Provisions, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of:

$ SEE TOTAL IN OPENGOV

Said amount is to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also the performance and completion of all the work in the manner set forth, described and shown in the Specifications or on the drawings for the work.

The bidder to whom the contract is awarded agrees to enter into a Contract with the City and agree to execute and return said contract, together with contract bonds, so that they are received by the City within Twenty One (21) calendar days, except Saturdays, Sundays and Holidays, after the bidder has received the contract for execution. The successful bidder shall commence work upon receipt of the

"NOTICE TO PROCEED" and instructions by the City Engineer, and to diligently prosecute the work to completion before the expiration of Two Hundred Eighty (280) working days, excluding Saturdays, Sundays and Holidays, after the execution of the agreement.

Holidays (ten days) as mentioned herein shall be limited to New Year's Day, Memorial Day, Martin Luther

King’s Birthday, (Third Monday in January), President’s Day (Third Monday in February), Memorial Day

(Last Monday in May), Independence Day, Labor Day, Veteran's Day, Thanksgiving, Friday after

Thanksgiving, and Christmas Day. If any of the above mentioned holidays fall on Saturday or Sunday, the following Monday shall be considered a legal holiday.

All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, multiplied by the unit prices as submitted by the bidders. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals.

Bidders are required to perform their own take-offs for the types of work required, from the drawings and specifications. By submitting its bid, Contractor herewith certifies that he/she has performed his/her own estimate/take-offs of the work required by the plans and specifications.

It is understood by Bidder that the City of Anaheim has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then the enclosed check or bid bond shall be returned to the undersigned within thirty (30) days from the date thereof. If the proposal is accepted and the work is awarded and the undersigned fails to enter into a contract of the

PROPOSAL CITY OF ANAHEIM

For the construction of:

Harbor Substation Line Extension Project – Phase II

Account Nos.: 525-521-6761-7865-2500769-01; 525-521-6761-7865-2500770-01; 528-521-6761-7865-

P-2 form and terms supplied by the City Engineer within Twenty One (21) calendar days, except Saturdays, Sundays and Holidays after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall be cashed or said…