Spec 3984_Feeder Reconstruction for 12kV Operation_Time _ Equipment_2024.pdf

Feeder Reconstruction for 12 kV Operation

Time and Equipment

SPECIFICATION NO. 3984

ISSUED TO BID

May 6, 2024

Project Manager: Catherine Babakhanlou Address: 141 N. Glendale Avenue, Suite 420, Glendale, CA 91206 Phone: 818-550-4583 Fax: 818-240-4754 E-Mail: CBabakhanlou@GlendaleCA.gov i Feeder Reconstruction for 12 kV Operation _ Time & Equipment Specification No. 3984

TABLE OF CONTENTS

Notice Inviting Bids.............................................................................................................................................NB-1 Instructions to Bidders........................................................................................................................................IB-1 Bid Forms:

Bidder’s Proposal .................................................................................................................................F-1 Schedule of Bid Prices .........................................................................................................................F-6 Incumbency Certificate ........................................................................................................................F-8 Bid Bond ..............................................................................................................................................F-9 Bidder’s Statement of Qualifications ....................................................................................................F-12 Experience Form .................................................................................................................................F-22 Specialty Contractor’s Statement of Qualifications ..............................................................................F-23 Contractor Safety Questionnaire..........................................................................................................F-26 Designation of Subcontractors .............................................................................................................F-31 Contractor’s Declaration of Noncollusion .............................................................................................F-48 Insurance Requirements Affidavit ........................................................................................................F-49

Standard Form of Contract .................................................................................................................................FA-1 Exhibits to Contract:

Index of Drawings, Specifications, and Reference Documents……………………………... .................Exhibit 1 Insurance Requirements ......................................................................................................................Exhibit 2

Preliminary Schedule of Values (NOT APPLICABLE) .........................................................................Exhibit 3 Disclosure – Campaign Finance Ordinance ........................................................................................Exhibit 4

Contractor’s Certification under Labor Code § 1861 of Labor Code § 3700 Compliance .................................Exhibit 5 Contract Notices………………………………………………………………………………………………..Exhibit 6 General Conditions

Article 1 - Preliminary Provisions ..................................................................................... …………GC-1 Article 2 - Performance of the Work ................................................................................ …………GC-12 Article 3 - Time of Commencement and Completion ....................................................... …………GC-28 Article 4 - Schedules........................................................................................................ …………GC-32 Article 5 - Suspension or Termination of Contract ........................................................... ………...GC-35 Article 6 - Changes .......................................................................................................... ………...GC-41 Article 7 - Contract Payments and Claims ....................................................................... ………...GC-49 Article 8 - Materials and Equipment ................................................................................. ………....GC-62 Article 9 - Submittals........................................................................................................ …………GC-65 ii

Article 10 - Safety .............................................................................................................. ………GC-70 Article 11 - Indemnity ......................................................................................................... ………GC-75 Article 12 - Insurance......................................................................................................... ………GC-77 Article 13 - Bonds .............................................................................................................. …...….GC-78 Article 14 - Labor Provisions .............................................................................................. ………GC-80 Article 15 - Dispute Resolution .......................................................................................... ………GC-85 Article 16 - Accounting Records ........................................................................................ ………GC-87 Article 17 - Miscellaneous Provisions ................................................................................ ………GC-89

Appendices Performance Bond ................................................................................................................ ………Appendix 1

Payment Bond ...................................................................................................................... ………Appendix 2 Notice to Proceed ................................................................................................................. ………Appendix 3 Change Order ....................................................................................................................... ………Appendix 4 Substitution Form .................................................................................................................. ………Appendix 5 Statutory Forms of Waiver and Release Upon Payment ...................................................... ………Appendix 6 DAS Form 140 ...................................................................................................................... ………Appendix 7

DAS Form 142 ...................................................................................................................... ……...Appendix 8 DLSE Form PW26 ................................................................................................................ ………Appendix 9 Special Conditions……………………………………………………………………………………………………..SC-1 Reference Standards

[END OF TABLE OF CONTENTS]

NOTICE INVITING BIDS

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NOTICE is hereby given that the City of Glendale (“City”) will receive sealed Bids, before the Bid Deadline established below for the following work of improvement:

Feeder Reconstruction for 12 kV Operation _Time & Equipment

SPECIFICATION NO. 3984

Bid Deadline: Submit before 2:00 p.m. on Wednesday, May 22, 2024 (“the Bid Deadline”)

Original plus one (1) copy of Bid to be submitted to:

Office of City Clerk

613 E. Broadway, Room 110 Glendale, CA 91206

Bid Opening: 2:00 p.m. on Wednesday, May 22, 2024 City Council Chambers 613 E. Broadway, 2nd Floor

Glendale, CA 91206

NO LATE BIDS WILL BE ACCEPTED.

Bidding Documents Available: May 06, 2024, at the Glendale Water & Power Department, Electrical

Engineering Office, 141 N. Glendale Avenue, Suite #420, City of Glendale, CA 91206

Pre-Bid Conference: There will not be a pre-bid conference. Please submit questions to Catherine Babakhanlou, Project Manager.

City of Glendale Contact Person: Catherine Babakhanlou, Project Manager

Phone: 818-550-4583 E-mail: CBabakhanlou@GlendaleCA.gov

Mandatory Qualifications for Bidder and Designated Subcontractors:

A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each Bid must provide satisfactory evidence that:

Bidder satisfactorily completed as a prime contractor or subcontractor at least five (5) [prevailing wage public contracts] in California; each comparable in scope and scale to this Project, within ten (10) years prior to the Bid Deadline. In addition, if the Bidder intends to self-perform the Feeder Reconstruction for 12 kV, Bidder shall satisfy the mandatory qualifications described in the Specialty Contractor’s Statement of Qualifications (starting at page F-23) applicable to such Work and submit the completed forms with the Bid.

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Subcontractors listed for the Feeder Reconstruction for 12 kV Work must satisfy the mandatory qualifications described in the Specialty Contractor’s Statement of Qualifications (staring on page F-23) applicable to the Work to be performed by each Subcontractor and Bidder must submit the completed forms with the Bid.

General Scope of Work:

Except for those materials to be provided by the City (as specified in the Technical Specifications), Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work included in the Bid is defined in the Project Drawings and Specifications and will generally include industrial Reconstruction of Feeder for 12 kV Operation, which will be authorized on a Task Order basis.

Other Bidding Information:

1. Bidding Documents: Bids must be made on the Bidder’s Proposal form contained herein.

Bidding Documents may be obtained in the location identified on the Notice Inviting Bids where they may be examined and copies obtained. Bidding Documents (including Drawings and Specifications) are available at the location identified on the Notice Inviting Bids and by emailing the Project Manager for an electronic (PDF) copy.

2. Director’s Estimate. An estimate of the preliminary cost of this Work has been prepared.

The estimate is in the range of $ 5,000,000 to $6,000,000 per year. The City does not guarantee any minimum quantity of Work.

3. Completion: This Work must be completed within one thousand and ninety five days (1095) calendar days from the Date of Commencement as established by the City’s written Notice to Proceed.

4. Acceptance or Rejection of Bids. The City reserves the right to reject any and all Bids, to award all or any individual part/item of the Bid, and to waive any informalities, irregularities or technical defects in such Bids and determine the lowest responsible Bidder, whichever may be in the best interests of the City. No late Bids will be accepted, nor will any oral, facsimile or electronic Bids be accepted by the City.

5. Contractor License and Certification. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, the Contractor shall be licensed in accordance with the provisions of Chapter 9, Division III, of the Business and Professional Code of the State of California. A General Contractor’s A license is required.

6. Subcontractors’ Licenses and Listing. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor must possess a current and active California contractor license or licenses appropriate for the portion of the Work listed for such Subcontractor and shall hold all specialty certifications required for such Work. When the Bidder submits its Bid to the City, the Bidder must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, the location (address) of the Subcontractor’s place of business, California Contractor license number, and portion of the Work). In addition, the City requires that the Bidder list the dollar value of each Subcontractor’s labor or services. The City’s disqualification of a Subcontractor does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor— without an adjustment of the Bid Amount.

7. Bid Forms and Bid Security: Each Bid must be made on the Bid Forms obtainable at the location identified on the Notice Inviting Bids. Each Bid shall be accompanied by a cashier’s check or certified check drawn on a solvent bank, payable to “City of Glendale,” for an amount equal to ten percent (10%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee that the

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successful Bidder, within fourteen (14) calendar days after the City’s Notice of Award of the Contract, will enter into a valid contract with the City for said Work in accordance with the Contract Documents.

8. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline.

9. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith.

10. Prevailing Wages. This Project is subject to the provisions of California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, has determined the general prevailing rates of wages in the locality in which the Work is to be performed. The rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/.

11. California Department of Industrial Relations ― Public Works Contractor Registration.

The Public Works Contractor Registration Law (California Senate Bill No. 854 - See Labor Code Section 1725.5) requires contractors to register and meet requirements using the online application https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm before bidding on public works contracts in California. The application also provides agencies that administer public works programs with a searchable database of qualified contractors. Application and renewal are completed online with a non-refundable fee. More information is available at the following link:

https://www.dir.ca.gov/Public-Works/PublicWorks.html The City must award public works projects only to contractors and subcontractors who comply with the Public Works Contractor Registration Law.

Notice to Bidders and Subcontractors:

• No contractor or subcontractor may be listed on a Bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

• No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

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

• The prime contractor must post job site notices prescribed by regulation. (See 8 Calif. Code Reg. Section 16451(d) for the notice that previously was required for projects monitored by the DIR Compliance Monitoring Unit.)

Furnishing of Electronic Certified Payroll Records to Labor Commissioner. Contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

Dated this 6th day of May 2024, City of Glendale, California.

Suzie Abajian, City Clerk of the City of Glendale.

http://www.dir.ca.gov/DLSR/PWD/ https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm https://www.dir.ca.gov/Public-Works/PublicWorks.html

Feeder Reconstruction for 12 kV Operation –Time & Equipment

INSTRUCTIONS TO BIDDERS

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1. CONTRACTOR LICENSE

The Bidder must possess the valid State of California Contractor License(s) in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15.

2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND ADDENDA

A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City’s representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City, preferably on the Bidder’s Question Form provided at the end of these Instructions to Bidders, not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City’s Contact Person identified in the Notice Inviting Bids. Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record, as defined in Paragraph 3 below. Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder’s failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid.

3. OBTAINING DRAWINGS AND DOCUMENTS

Bidder may secure Bidding Documents ONLY from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications (“Interested Bidders will receive Addenda, if so issued”).

4. BID FORMS – SUBMITTAL

A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in. All forms required to be submitted with the Bid are listed in the Bid Proposal at page F-1.

B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive.

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C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope “BIDS for” followed by the title and Specification Number and the date and time of the Bid Deadline as they appear on the cover of this Specification book, and the Bidder’s name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service.

D. Bids hand delivered, delivered by courier or package delivery service shall be presented to:

City Clerk City of Glendale 613 E. Broadway, Room 110 Glendale, CA 91206

E. Bids received after the Bid Deadline or at any place other than the Office of the City Clerk will not be considered.

5. BID FORMS – AUTHORIZED SIGNATURES

The Bidder shall sign the Bid Forms. If the Bid Forms are submitted by a:

A. Sole Proprietorship, the signature must be the full name of the individual, whose address must be given.

B. Partnership, it must be signed by each partner or accompanied by proof that the person(s) signing is/are authorized to bind the partnership. The name and address of the partnership and the address of person signing must be provided.

C. Corporation, it must be signed by an officer. The corporate name must be attested by the corporate seal. A signature other than a corporate officer’s will be accepted only if signature authority is conferred in the Incumbency Certificate submitted with the Bid.

D. Limited Liability Company, it must be signed by the managing member(s), and the name and address of the limited liability company and the address of each person signing must be provided.

E. Joint Venture, it must be signed in accordance with A-D above, based on the applicable situation, and the names and address of the joint venture and the address of each person signing must be provided.

6. BID FORMS – SCHEDULE OF BID PRICES

A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract.

B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid price rate, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. If any Bid, or portions thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive.

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C. In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.

D. Not used.

E. Post Bid Interviews. The apparent low, second low, and third low Bidders may be asked to attend a Post Bid Interview to review the completeness and accuracy of their Bids and qualifications to perform the Work.

7. BID SECURITY

A. Each Bid shall be accompanied by cash or a cashier’s check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure Sections 995.120 and 995.311) as surety (“Bid Security”).

B. A Bid Bond must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A:VII” or better. A Bid Bond issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. A Bid Bond issued from an admitted surety insurer not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660.

C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder shall execute the Contract and shall provide the insurance, bonds and other required forms within fourteen (14) calendar days after the City’s Notice of Award of the Contract.

Bidders will be entitled to return of Bid Security provided, however, that a successful Bidder will forfeit Bid Security in the event that the successful Bidder withdraws its Bid prior to the expiration of ninety

(90) calendar days after the Bid Deadline; or attempts to withdraw its Bid when the requirements of Public Contract Code Section 5101 et seq. are not met; or refuses or fails to execute said Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after the City’s Notice of Award of the Contract. In such event, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the lowest responsible Bidder’s Bid Security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid and the surplus, if any, will be returned to the lowest Bidder. If the City rejects all other Bids presented and re-advertises, the lowest Bidder’s Bid Security may be used to offset the City’s cost of re-advertising and receiving new Bids and the surplus, if any, will be returned to the lowest Bidder.

D. The Bid Security shall be held for ninety (90) calendar days after Bid Deadline or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, at which time the Bid Security will be returned to all Bidders.

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E. If a Bid Bond will be submitted, Bidder shall use the form entitled “Bid Bond” contained in the Bidding Documents, which Bid Bond must be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California.

F. The Bid Bond must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the Bid Bond is executed outside the State of California, all copies of the bond must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney.

G. Any alteration of the form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted.

8. BIDDER’S AND SPECIALTY CONTRACTOR’S STATEMENT OF QUALIFICATIONS

A. Each Bidder shall be required to complete, execute, and submit with its Bid, the form entitled “Bidder’s Statement of Qualifications.” If the City determines that any information provided by a Bidder in the Bidder’s or Specialty Contractor’s Statement of Qualifications is false or misleading or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non-responsive.

B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. 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 the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in performance of the subject work for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder’s performance of the work.

C. Glendale Ordinance No. 5544 adds Chapter 4.14 to the Glendale Municipal Code, 1995, establishing standards of responsibility and grounds for debarment for contractors who bid on public works contracts. Chapter 4.14 applies to all contracts awarded by, executed by or entered into by the City.

Each Bidder is advised that the standards of Chapter 4.14 will be strictly enforced by the City.

9. DESIGNATION OF SUBCONTRACTORS

A. Subcontractor Listing. On the Designation of Subcontractors form (page F-31), the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide each Subcontractor’s name, identify the trade and type of work that the Subcontractor will perform, state the location (address) of the Subcontractor’s place of business, and list the Subcontractor’s California Contractor license number. In addition, on the form the Bidder shall list the dollar value of each Subcontractor’s labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work — or the combination of base Contract Work and Alternate Work — exceeds one-half of one percent of the total Bid Amount.

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B. Subcontractors’ Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor must possess a current and active California Contractor license appropriate for the portion of the Work listed for such Subcontractor and shall hold all specialty certifications required for such Work. An inadvertent error in listing the California contractor license number of a listed Subcontractor shall not be grounds for filing a bid protest or grounds for considering the Bid nonresponsive if the corrected contractor license number is submitted to the City by the Bidder within 24 hours after bid opening and provided the corrected contractor license number corresponds to the submitted name and location for that listed Subcontractor.

C. Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors—including, but not limited to—an experience statement with pertinent information as to similar projects and other evidence of qualification for the Subcontractor. If requested, the Bidder shall provide the information to the City within the time specified in the City’s written request. After due investigation, if the City has reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute. The City’s disqualification of a Subcontractor does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor— without an adjustment of the Bid Price.

D. Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub-bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time.

E. Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions.

10. CONTRACTOR’S NONCOLLUSION DECLARATION

Using the form provided by the City, the Bidder shall sign, under penalty of perjury, the Contractor’s Declaration of Noncollusion, certifying that the Bid is not the result of and has not been influenced by collusion.

Bidder shall submit this form with its Bid. Any Bid made without such declaration, or believed to be made in violation of the requirements set forth in the declaration form, may be rejected.

11. INSURANCE REQUIREMENTS AFFIDAVIT

The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Contract Documents. The insurance company’s underwriter or agent must complete the Insurance Requirements Affidavit which states that the insurer’s underwriter or agent will furnish the City with the required insurance documents within fourteen (14) calendar days after the City’s Notice of Award of the

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Contract. The Bidder shall submit this form with its Bid. Any Bid made without this affidavit, or made with an incomplete affidavit form, may be rejected.

12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK

A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and to provide for carrying out his/her operations so as to cause the minimum possible inconvenience to the occupants of property along any streets affected. All Work and costs involved in the safeguarding of the property of others shall be at the expense of the Bidder to whom the Contract may be awarded.

B. The Bidder hereby certifies that he has examined the local conditions, has read each and every clause of the Contract Documents, and that he/she has included all costs necessary to complete the specified Work in his/her Bid prices, and the Bidder agrees that if he/she is awarded the Contract he/she will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than anticipated by him/her, the Bidder agrees to assume all risks incident thereto.

13. PRICES AND PAYMENTS

Approximate quantities listed in the Notice to Contractors and quantities if listed for unit price items on the Bid Forms, are estimates given for comparing Bids, will be used to determine the lowest bid and for pricing changes to the Work. No claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, unless otherwise specifically provided.

14. PERMIT FEES

The Base Bid sum and Bid Alternate prices shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees, and Permit Fees, if any. Please refer to Technical Specifications.

15. SUBSTITUTIONS

No requests for substitution of any material, device, product, equipment, fixture, form, or type of construction shall be considered by City prior to award of the Contract. Bidders shall submit all requests for substitution and substantiating data, on “Substitution Form” (Appendix 5), within seven (7) calendar days from the date of the Notice to Proceed. Bidder shall refer to the appropriate provisions of the General Conditions for additional information regarding substitutions. Authorization of a substitution is solely within the discretion of the City.

16. RETURN OF IMPROPER BIDS

Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal.

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17. WITHDRAWAL OF BIDS

Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date-stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law.

Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code Sections 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after Bid Deadline.

18. OPENING AND EVALUATION OF BIDS

A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at 141 N. Glendale Avenue, Suite #420, Glendale, CA in the Glendale Water & Power Department during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below.

B. Evaluation of Bids

1. Mandatory Qualifications. A Bid may be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder’s Statement of Qualifications (in Section 3 EXPERIENCE, item 3.2), each Bidder must establish that Bidder has the required experience as set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project. The City’s disqualification of a Subcontractor listed for the Feeder Reconstruction for 12 kV Operation-Time & Equipment Work does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price.

2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Documents.

3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents.

4. Competency of Bidders. 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 the performance of the Work covered by the Bid including, but not limited to, the experience of the Bidder in the performance of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for

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the award, may consider the Bidder’s experience with similar types of projects, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder’s performance of the Work.

19. AWARD OF CONTRACT

The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Deadline. City Council meetings are regularly scheduled on Tuesday evenings.

20. BASIS OF AWARD

A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents.

After the lowest responsive and responsible Bidder is determined, City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid price.

B. In making the determination as to lowest responsive and responsible Bidder, the following criteria will apply:

1. Qualifications of Bidder: The Bidder shall be a qualified Bidder as required in this Paragraph 18(B) and as otherwise required in the Contract Documents.

2. Responsive Bid: The Bidder’s Bid shall be responsive to the requirements of the Contract Documents. As stated elsewhere, the City reserves the right to waive any informalities or technical defects of the Bid as the best interests of the City may require.

21. EXECUTION OF CONTRACT

Within fourteen (14) calendar days after the City’s Notice of Award of the Contract, Contractor shall deliver to the City the following documents:

A. Three (3) copies of the Contract in the form included herein, properly executed by Contractor and, if the Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized.

B. Properly executed copies of the (a) Performance Bond and (b) Labor and Material (Payment) Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Appendix 1 and 2 attached thereto. All signatures must be notarized.

C. Properly executed proof of insurance in accordance with the requirements set forth in Article 12 of the General Conditions.

In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following Working Day.

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After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return one (1) of said three (3) copies to Contractor for his/her files.

22. PUBLIC RECORDS

City seeks to conduct its business openly. Upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as “trade secret,” “confidential,” or “proprietary,” including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e.

regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. Bidder shall indemnify, defend (including Bidder’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City’s refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable.

23. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES

A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price quotations. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has determined the general prevailing wage rates in the locality in which the Work is to be performed.

Said rate schedules are available on the Internet at www.dir.ca.gov/DLSR/PWD/ and www.wdol.gov/.

The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. To comply with California Labor Code Section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of California Labor Code Section 1773 et seq.

B. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code Section

1777.5 and Title 8 of the California Code of Regulations Section 230, the Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10) calendar days of signing the Contract or subcontract, as applicable, but in any event prior to the first day in which the Contractor or Subcontractor has workers employed on the Project, submit the Public Works Contract Award Information form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said form to the City.

C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The

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form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said form to the City.

D. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of Work, and employment of apprentices.

24. ANTI-DISCRIMINATION

It is policy of the City that in connection with all Work performed under contracts, there shall be no discrimination against any prospective or active employee engaged in the Work because of race, color, religion, religious belief, national origin, ancestry, citizenship, age, sex, sexual orientation, marital status, pregnancy, parenthood, medical condition, or physical or mental disability. The Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The Contractor shall require like compliance by all Subcontractors employed on the Work by such Contractor.

25. BID PROTEST PROCEDURES

A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions:

1. The Bid protest is in writing;

2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City prior to the Bid Deadline;

3. All other protests are filed and received by the City no more than five (5) calendar days following the Notice of Intent to Award the…