WD-17-24 Specs.pdf

Long Beach Public Utilities Department

ALAMITOS 9A &14 PUMP-TO-WASTE DRAIN LINE

Contract Documents and Specifications WD-17-24

MAY 2025

DRAWING NO. EO-3715

Board of Public Utilities Commissioners Long Beach, California

PLANS AND SPECIFICATIONS

WD-17-24

LONG BEACH PUBLIC UTILITIES DEPARTMENT

LBUD ALAMITOS 9A &14 PUMP-TO-WASTE DRAIN LINE

CONTRACT DOCUMENTS

BIDDING REQUIREMENTS, CONTRACT FORMS,

CONDITIONS OF THE CONTRACT, AND

TECHNICAL SPECIFICATIONS

Prepared by:

DRP Engineering, Inc.

1111 Corporate Center Drive, Suite 303 Monterey Park, CA 901754

Board of Public Utilities Commissioners Long Beach, California

This information is available in an alternative format

By request to Nikolas Baykal at (562) 570-2347

SPECIFICATIONS

Approved this day of , 20

Robert Verceles Director of Water/Sewer Engineering

Authorized this day of , 20

B. Anatole Falagán General Manager

Approved as to Form this day of , 20

Dawn McIntosh City Attorney

By:

Marsha Yasuda Deputy City Attorney

9th May 25

19th May 25

20th May 25

THIS PAGE IS INTENTIONALLY LEFT BLANK

Board of Public Utilities Commissioners Table of Contents Contract Documents Page i

CONTRACT DOCUMENTS

TABLE OF CONTENTS

WD-17-24

Page

PART 1-BIDDING REQUIREMENTS

Notice Inviting Bids .............................................................................................. 1-5 Instructions to Bidders ......................................................................................... 1-6 Bid ....................................................................................................................... 1-12 Bidder’s Bond ...................................................................................................... 1-1

PART 2- CONTRACT FORMS

Bond for Faithful Performance ............................................................................. 1-1 Labor and Material Bond ...................................................................................... 1-1 City’s Policy for Minority- and Women-Owned Businesses .................................. 1-3 Information to Comply with Labor Code Section 2810 ......................................... 1-1 Workers’ Compensation Certification ................................................................... 1-1

PART 3- CONDITIONS OF THE CONTRACT

General Conditions Table of Contents ................................................................. i-ix General Conditions .............................................................................................. 1-71 Supplementary General Conditions ..................................................................... 1-3 Supplementary General Conditions (Other) ......................................................... 1-1

PART 4- TECHNICAL SPECIFICATIONS

DIVISION 1 – GENERAL REQUIREMENTS

01 10 01 Summary of Work and Sequence of Construction .................................................. 1-4 01 10 03 Coordination ..................................................................................................... 1-8 01 22 00 Unit Prices ...................................................................................................................... 1-8 01 29 73 Schedule of Values .......................................................................................... 1-4 01 31 19 Project Meetings .............................................................................................. 1-4 01 32 00 Construction Progress Documentation ............................................................. 1-8 01 32 23 Construction Survey Staking ............................................................................ 1-4 01 32 33 Construction Photographic and Video Documentation ..................................... 1-6 01 33 00 Submittal Procedures ..................................................................................... 1-12 01 35 26 Governmental Safety Requirements ................................................................. 1-8 01 35 44 Environmental Procedures for Hazardous Materials ......................................... 1-4 01 40 00 Quality Requirements ....................................................................................... 1-8 01 41 26 Permit Requirements ....................................................................................... 1-4 01 50 00 Temporary Facilities and Controls .................................................................... 1-8 01 55 26 Traffic Control and Re-striping ................................................................................... 1-8 01 57 23 Temporary Storm Water Pollution Control ........................................................ 1-4 01 65 00 Product Delivery Requirements ........................................................................ 1-4 01 66 00 Product Shipment, Storage, and Handling Requirements ................................. 1-2 01 71 13 Mobilization and Demobilization ....................................................................... 1-2

Contract Documents Page ii

01 73 33 Mechanical Identification .................................................................................. 1-4 01 74 00 Cleaning and Waste Management ................................................................... 1-4 01 77 00 Closeout Procedures .................................................................................................... 1-2 01 78 39 Project Record Documents ......................................................................................... 1-4

DIVISION 2 – EXISTING CONDITIONS

02 41 13 Selective Site Demolition .................................................................................. 1-8 02 41 14 Paving Removal and Resurfacing .................................................................... 1-8 02 41 15 Utility Pipeline Removal or Abandonment......................................................... 1-4

DIVISION 3 - CONCRETE

03 10 00 Concrete Forming ....................................................................................................... 1-12 03 20 00 Concrete Reinforcing .................................................................................................. 1-10 03 30 00 Cast-in-Place Concrete Conforming to Greenbook Specifications .................. 1-16 03 35 00 Concrete Finishing ........................................................................................... 1-8 03 60 00 Grouting ........................................................................................................ 1-12

DIVISION 04 — MASONRY

04 05 13 Masonry Mortar and Grout ................................................................................. 1-4 04 22 00 Concrete Masonry ............................................................................................. 1-6

DIVISION 9 – FINISHES

09 90 00 Painting and Coating ...................................................................................... 1-22 09 96 56 Epoxy Linings and Coatings ....................................................................................... 1-8

DIVISION 31 – EARTHWORK

31 05 16 Aggregate Rock Products for Earthwork ................................................................... 1-4 31 05 50 Protecting Existing Utilities .......................................................................................... 1-4 31 23 19 Dewatering ..................................................................................................................... 1-4 31 23 33 Trenching and Backfilling ................................................................................. 1-8

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 84 00 Landscape Irrigation-Potable.......................................................................... 1-18 32 84 01 Landscape Irrigation-Reclaimed ..................................................................... 1-18 32 97 00 Landscape Maintenance .................................................................................. 1-6

DIVISION 33 – UTILITIES

33 05 16 Precast Concrete Utility Structures ................................................................... 1-4 33 05 26 Utility Pipe Identification ................................................................................... 1-4 33 05 31 Piping Joint Materials ....................................................................................... 1-6 33 05 32 Flange Insulating Kits .................................................................................................. 1-4 33 05 33 Couplings, Tie Rods, Flange Connectors, and Unions ......................................... 1-10 33 05 38 Hangers and Supports ............................................................................................... 1-10 33 05 39 Manual Valve Operators ................................................................................... 1-8 33 08 11 Hydrostatic Pressure Testing and Flushing of Water Utilities............................ 1-4

Contract Documents Page iii

33 08 31 Leakage and Infiltration Testing ....................................................................... 1-4 33 11 11 Ductile Iron Pipe .......................................................................................................... 1-10 33 11 20 Polyethylene Encasement of Iron Pipe, Fittings, Couplings, and Valves ............ 1-4 33 11 31 PVC Pressure Pipe AWWA C900 .............................................................................. 1-8 33 12 12 Resilient-Wedge Gate Valve ............................................................................ 1-8 33 12 23 Stainless Steel Valves 3” and Smaller .............................................................. 1-6 33 13 00 Disinfection of Water Utility Pipelines ............................................................... 1-6

PART 5 – SUPPLEMENT TO STANDARD SPECIFICATIONS

PART 6 – STANDARD DETAILS

PART 7 – APPENDICES

APPENDIX A – BID PROTEST PROCEDURES

APPENDIX B – LBUD PLA

APPENDIX C – CITY OF LONG BEACH NOISE ORDINANCE

PART 1

BIDDING

REQUIREMENTS

Board of Public Utilities Commissioners Notice Inviting Bids of the City of Long Beach Page 1 of 5

NOTICE INVITING BIDS

WD-17-24

LONG BEACH PUBLIC UTILITIES DEPARTMENT

RECEIPT OF BIDS: Bids will be accepted on behalf of the Board of Public Utilities Commissioners of the City of Long Beach, California, Owner of the Work, until 2:00PM on Thursday, June 26, 2025, for LBUD Alamitos 9A &14 Pump-to-Waste Drain Line, via the City’s online procurement portal https://longbeachbuys.buyspeed.com/bso/, using keyword WD-17-24.

The bids must be submitted electronically. Each electronic bid must be accompanied with a scanned copy of the full Bid, Bidder’s Bond, and a notarized Non-collusion Affidavit.

A hard copy of the original Bidder’s Bond must also be received at the time of the Bid Opening to:

Long Beach Public Utilities Department Attn: Nikolas Baykal 1800 E Wardlow Road Long Beach, CA 90807

In the event of a discrepancy between the line item bid schedule input in the Long Beach Buys portal and the scanned bid schedule in the specifications, the bid schedule in the Long Beach Buys portal shall take precedence.

DESCRIPTION OF WORK: The Work consists of installation of on-site discharge piping, and modification of an existing storm water manhole and piping system to tie into the existing storm water system.

WORK SITE: The work site is located on the following street (including work in side street intersections) in the City of Long Beach, California:

Well Alamitos 9A: Stearns Champions Park 4518 E. 23rd Street Long Beach, California 90815

Well Alamitos 14: Stearns Champions Park 4528 E. 23rd Street Long Beach, California 90815

PRE-BID CONFERENCE: Prospective bidders are recommended to attend a pre-bid conference with the Long Beach Public Utilities Department (LBUD) and LBUD’s representatives at 9:00AM on Thursday, June 12, 2025 at Stearns Champions Park.

The purpose will be to discuss the scope of work to be performed under these specifications.

https://longbeachbuys.buyspeed.com/bso/ of the City of Long Beach Page 2 of 5

PROJECT LABOR AGREEMENT (PLA): This Work is covered by a City-wide Project Labor Agreement (PLA) entered into by the Long Beach Public Utilities Department with the Los Angeles/Orange Counties Building and Construction Trades Council and the signatory Craft Unions. The PLA establishes the labor relations Policies and Procedures for the City, the Contractor and subcontractors awarded contracts for the Work and for the craft persons employed by the Contractor or subcontractor while engaged in the Work. See Appendix C for the applicable PLA.

COMPLETION OF WORK: The Work must be completed within one hundred twenty

(120) calendar days after the commencement date stated in the Notice to Proceed.

OPENING OF BIDS: All Bids received in a timely manner will be subject to further evaluation with respect to:

• The responsiveness of the Bid

• Determination that Bidder is responsible

CONTRACT DOCUMENTS: Plans and specifications are available for free download through Long Beach Buys at https://longbeachbuys.buyspeed.com/bso/.

However, you must be registered and logged in to submit a bid. Registration is free and may be accomplished at the same URL.

BID SECURITY: Bidders must scan and upload with their bid documents a certified check or bank draft payable to the Long Beach Public Utilities Department, drawn on a solvent bank in the United States of America, or a satisfactory bond in an amount not less than 10 percent of the Bid, to Long Beach Buys. The original of the document shall be submitted to the Long Beach Public Utilities Department in a sealed envelope and must be received and time/date stamped by the Long Beach Public Utilities Department by the time and date stated for receipt of bids. The outside of this envelope shall clearly state “Bid Security for WD-17-24, LBUD Alamitos 9A &14 Pump-to-Waste Drain Line. DO NOT OPEN WITH REGULAR MAIL.” The Long Beach Public Utilities Department is located at 1800 East Wardlow Road, Long Beach, CA 90807.

BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 120 calendar days after the date of Bid opening.

CONTRACTOR’S LICENSE: The Contractor shall possess a valid California Class “A” General Engineering Contractor license at the time the Contract is awarded. The contractor or subcontractor shall also possess a valid C-33 Painting and Decorating Contract license at the time the contract is awarded. Failure to possess the specified license may render the Bid as non-responsive.

CALIFORNIA WAGE RATE REQUIREMENTS: This project is a public work under Labor Code § 1720 et seq. Pursuant to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California, the Director of Public Works of the City by and on of the City of Long Beach Page 3 of 5 behalf of the City Council has obtained from the Director of the Department of Industrial Relations of the State of California the general prevailing rate of per diem wages, and the general prevailing rate of holiday and overtime work in the locality in which the public work is to be performed for each craft, classification or type of workers needed to perform the Work. Copies of prevailing rate of per diem wages are on file in the office of the City Engineer, 5th floor, City Hall, 411 West Ocean Boulevard, Long Beach, California 90802, and shall be made available upon request. Copies may also be obtained on the California Department of Industrial Relations website http://www.dir.ca.gov/dlsr. This project will be subject the 2025-1 prevailing wage rate, as determined by the Director of the Department of Industrial Relations for the State of California. The Contractor to whom the Contract is awarded, and its subcontractors is directed to pay not less than the general rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. Contractor is required to post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Contractors are required to pay at least the California minimum wage for the basic hourly rate in all cases where the published prevailing wage rate is below the California minimum wage. Any and all employer payments required by the prevailing wage determinations must also be paid. If the California minimum wage is increased in the future to an amount above that shown in the prevailing wage determination, the basic hourly rate in that determination automatically increases to the new minimum wage.

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) COMPLIANCE: This project is a public work and subject to the following: 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. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.

CERTIFIED PAYROLL SUBMISSION: Pursuant to the provisions of Labor Code Section 1776, Contractor shall keep and shall cause each subcontractor performing any portion of the work under this Contract to keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or subcontractor in connection with the work. Such payroll records for Contractor and all subcontractors shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor pursuant to the provisions of Section 1776 of the Labor Code. Contractor's failure to furnish such records to the Long Beach Public Utilities Department or the Long Beach Public Utilities Department’s authorized Labor Compliance representative in the manner provided herein for notices shall http://www.dir.ca.gov/dlsr of the City of Long Beach Page 4 of 5 entitle the Long Beach Public Utilities Department to withhold the penalty prescribed by law from progress payments due to Contractor.

APPRENTICESHIP EMPLOYMENT: The Contractor shall comply with Section

1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor and, by submitting a Bid and executing the Contract, the Contractor stipulates that it shall so comply. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

PENALTIES: Contractor and subcontractors are subject to penalties, including, but not limited to, under Labor Code §§ 1775, 1776, 1777.7 and 1813, for failure to comply with Sections 13.28 through 13.31 and/or Labor Code § 1720 et seq.

NOTICE OF INTENT TO AWARD: The notice of intent to award a contract will be posted electronically on Long Beach Buys after all bids have been reviewed and evaluated for responsiveness. Actual posting time may vary.

RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the terms of the Contract Documents without retention of any portion of the payment by the LBUD by depositing securities of equivalent or greater value with the LBUD in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the LBUD, whose decision on valuation of the securities shall be final. Eligible securities shall be limited to those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the

LBUD.

CONTACT: All communications relative to this Work shall be directed to the LBUD prior to opening of the bids:

Board of Public Utilities Commissioners of the City of Long Beach 1800 East Wardlow Road Long Beach, CA 90807-4931 Attention: Mr. Nikolas Baykal Telephone: (562) 570-2347 E-mail: Nikolas.Baykal@lbwater.org

Communications may be written or oral, but LBUD is not bound by any oral interpretation of the Contract Documents made by any City/LBUD employee, nor does LBUD guarantee the accurate transcription of oral questions.

mailto:Nikolas.Baykal@lbwater.org of the City of Long Beach Page 5 of 5

OWNER’S RIGHTS RESERVED: The LBUD reserves the right to reject any or all bids and to waive any informality in a bid.

DATE: _________________________

OWNER: Board of Public Utilities Commissioners of the City of Long Beach

By: __________________________ B. Anatole Falagán, General Manager

Long Beach Public Utilities Department

END OF NOTICE INVITING BIDS

May 20, 2025

Board of Public Utilities Instructions to Bidders Commissioners of the City of Long Beach Page 1 of 6

INSTRUCTIONS TO BIDDERS

REQUIREMENTS AND CONDITIONS

CONTRACT DOCUMENTS

The documents that comprise the Contract Documents are set forth in the Contract and the definition of “Contract Documents” in Article 1 of the General Conditions.

CONTRACTOR’S LICENSE

No bid will be accepted from a Bidder who is not a properly licensed contractor in the State of California. Bidders shall possess the appropriate licenses at the time the bid is submitted. Each Bidder shall record on the bid, the number and termination dates of all necessary licenses. A valid state license sufficient to qualify as the prime contractor is a pre-requisite for bidding. Necessary City licenses may be secured after the bids are opened but must be obtained prior to execution of the Contract.

BIDS

Entry of bid amounts will be accomplished electronically. Bids prices submitted on a paper bid form will not be accepted. Bid Submission processes and how to access the bidding system will be discussed at the pre-bid conference.

Bids shall be made in accordance with the following: The bid shall be submitted online at https://longbeachbuys.buyspeed.com/bso/ at keyword [Spec # i.e. WD-17-24].

Bidders must be registered on the City’s portal to access the bidding page and to download the plans and specifications. All documents to be submitted with the bid are contained in Part 1 of this Specification; these documents shall be scanned and uploaded with the bid, and shall include a scanned copy of the full Bid document, original Bidder’s Bond, and notarized Noncollusion Affidavit.

Bids shall not contain any additional description or summaries of the Work to be done, and shall not be modified in any way by bidders. Alternates will not be considered, except as called for. No oral, telegraphic, or telephonic bids or modifications will be considered.

The Bid Form included in Part 1 is provided to assist Bidders in the preparation of their bid, but bids shall be entered electronically as directed above, as well as in Part 1 of this Specification and the Notice Inviting Bids. Bidders shall complete all items of the Bid.

The electronic bidding system will total the amount bid.

Commissioners of the City of Long Beach Page 2 of 6

Bidders are cautioned that the electronic bidding system will cease allowing entry at the time stated for bid opening, regardless of when entry was begun. Bidders are reminded to begin bid submission with sufficient time to complete the entries.

Bidders shall sign the bid properly, in longhand.

LBUD will not consider any bid that does not meet these requirements.

Bidders shall include with their Bids in the manner described above the security shown in the Notice Inviting Bids. LBUD will reject any Bid not accompanied by such Bid Security.

WITHDRAWAL OF BID

A Bidder may withdraw the bid electronically, through the Long Beach Buys portal.

STATEMENTS MADE AFTER BID OPENING BUT PRIOR TO AWARD OF

CONTRACT

Bidders are cautioned that comments and statements, whether oral or written, made by Owner employees regarding the validity of bids, the waiver of deviations from Specifications, the possibility or probability of an award being made to a particular Bidder, and other similar matters are NOT binding by the Owner. Bidders should not order materials, obtain financing or take other actions based on such comments and statements. Only authorization of a contract by the Owner is conclusive and binding on the Owner with respect to this bid and its resulting contract.

BIDDERS INTERESTED IN MORE THAN ONE BID

No person, partnership or corporation shall be allowed to make or file or be interested in more than one bid for the Work, unless alternative bids are called for. A person, partnership, or corporation submitting a price to a Bidder, or who has quoted prices on material to a Bidder, is not disqualified from quoting prices to other Bidders.

INTERPRETATION OF PLANS AND OTHER DOCUMENTS

If any prospective Bidder is in doubt as to the true meaning of any part of the plans, specifications, or other Contract Documents, or finds discrepancies in, or omissions from the Plans and Specifications or other Contract Documents, the Bidder may submit to Owner a written request for an interpretation or correction. An interpretation or correction of the documents will be made solely by Owner by Addendum. Owner and Owner’s employees, agents or consultants will not be responsible for any other explanation or interpretation of the documents.

ENGINEER’S ESTIMATE OF QUANTITIES OR WORK

Commissioners of the City of Long Beach Page 3 of 6

The quantities of work to be done and materials to be furnished are approximate as shown in the Contract Documents and are given as a basis for comparison of bid only.

Owner does not expressly or by implication agree or represent that the actual amount of work will correspond with the Engineer’s estimates.

ADDENDA

Addenda issued in writing before the time in which to submit bids expires shall be covered in the bid and shall form a part of the Contract Documents.

NOTICE TO BIDDERS REGARDING THE PUBLIC RECORDS ACT

Responses to this Invitation to Bid will become public record upon acceptance of the bid(s) unless the bid or specific parts of the bid can be shown to be exempt by law.

Each Bidder may clearly label all or part of a bid as “CONFIDENTIAL” provided that the Bidder thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information.

EXISTING CONDITIONS AND EXAMINATION OF CONTRACT DOCUMENTS

GENERAL

Each Bidder shall visit the sites of construction so that the facilities, difficulties, and restrictions attending the execution of the Work are fully understood. Bidders shall thoroughly examine and be familiar with the drawings and specifications. Bidders shall carefully correlate observations with requirements of the Contract Documents and otherwise satisfy themselves of the expense and difficulties attending performance of the work. The failure or omission of any Bidder to receive or examine any Contract Document, form, instrument, addendum, or other document or to visit the sites and become acquainted with conditions there existing shall not relieve any Bidder from obligations with respect to the bid or to the Contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section. Bidders shall not, at any time after submission of the bid, dispute or assert that there were any misunderstandings in regard to the nature or amount of work.

SITES

Bidder shall be responsible for identifying and setting up an area for temporary storage of materials and equipment during construction. Upon completion and acceptance of the Work, all equipment, unused materials, temporary facilities, and other miscellaneous items resulting from or used in the operations shall be removed. The sites shall be restored to their original ground configuration by filling any pits or

Commissioners of the City of Long Beach Page 4 of 6 trenches and leveling soil piles or ruts. All stored materials and equipment shall be removed from the sites as part of demobilization upon completion of the Work.

At all times during the Work, keep the premises clean and orderly, and upon completion of the Work, repair all damage caused by equipment and leave the sites clear of rubbish or excess materials of any kind.

SITE INVESTIGATION AND REPRESENTATION

By submitting a Bid, the Bidder acknowledges satisfaction as to the nature and location of the Work, the general and local conditions, particularly those bearing upon availability of transportation, access to the sites, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, river stages, or similar physical conditions at the sites, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during the Work, and all other matters which can in any way affect the Work or the cost thereof.

By submitting a Bid, the Bidder further acknowledges satisfaction as to character, quality, and quantity of surface and subsurface materials to be encountered from its inspection of the sites and from reviewing any available records of other exploratory work. Failure by the Bidder to become acquainted with the physical conditions of the sites and all the available information will not relieve the Bidder from responsibility for properly estimating the difficulty or cost of successfully performing the Work.

The Bidder warrants by submitting a bid that, as a result of examination and investigation of all the aforesaid data, the Bidder can perform the Work in a good and workmanlike manner and to the satisfaction of the Owner. The Owner assumes no responsibility for any representations made by any of its employees, officers or agents during or prior to the execution of a Contract, unless (1) such representations are expressly stated in the Contract, and (2) the Contract expressly provides that the responsibility therefor is assumed by the Owner.

AWARD OF CONTRACT OR REJECTION OF BIDS

AWARD

The award will be to the lowest responsible Bidder complying with the Contract Documents. The Owner reserves the right to request clarification of any proposal term from a bidder. The Owner reserves the right to reject any and all bids, and to waive any informality in bids received. If, in the judgment of Owner, a bid is unbalanced, it shall be considered sufficient grounds for rejection of the entire bid.

Commissioners of the City of Long Beach Page 5 of 6

Before award of the Contract, any Bidder upon request from the Owner shall furnish a recent statement of the Bidder’s financial condition and previous construction experience or such other evidence of qualifications as may be requested by Owner.

Failure to do so shall constitute grounds for rejection of the bid.

BONDS

The form of bonds that the Bidder, as Contractor, shall be required to execute are included in the Contract Documents and should be carefully examined by the Bidder.

The Contractor, simultaneously with the execution of the Contract, will be required to furnish a payment bond and a performance bond, each in an amount equal to one hundred (100) percent of the Contract Price. Said bonds shall be secured from a surety satisfactory to Owner and who is authorized to transact business in California.

Said bonds shall continue in full force and effect for the guarantee period.

EXECUTION OF CONTRACT

The Contractor shall sign the Contract and return it to Owner, together with the bonds and certificates of insurance and endorsements, within ten (10) calendar days after the mailing date of the Notice of Award. The date of commencement stated in the Notice of Award will constitute the beginning of the Contract Time. The Contract, bonds, certificates of insurance and endorsements and other documents to be executed by Contractor shall be executed and submitted in duplicate, one of which shall be filed with the Owner and one returned to the Contractor. Owner will issue a Notice to Proceed. The receipt of the Notice to Proceed will be authorization for Contractor to begin Work in the field and to start ordering equipment and material.

FAILURE TO EXECUTE CONTRACT OR SUBMIT INSURANCE

Failure by a Bidder to whom the Work is awarded to execute the Contract and file acceptable bonds and certificates of insurance coverage and endorsements as provided herein shall be just cause for the cancellation of the award and the forfeiture of the bid security, and shall make the Bidder liable to Owner for all damages resulting from the failure, including reasonable attorney’s fees. The value of the bid security shall not be a limitation of damages.

The insurance certificates and endorsements included in the Contract Documents shall be completed, without alteration, to the satisfaction of Owner, and delivered to Owner by Contractor or Contractor’s insurance company within ten (10) days after the date of the Notice of Award. The insurance certificates and endorsements shall reflect coverage that complies with all insurance requirements in the Contract Documents.

MISCELLANEOUS

BID BREAKDOWN

Commissioners of the City of Long Beach Page 6 of 6

Lump-sum and unit-price bid items shall be broken down as indicated on the bid form.

Contractor may be directed to provide greater detail of the items making up the Contract Price prior to submission of the first Progress Payment Request as indicated in the General Conditions.

The bidder shall set forth for each item of Work, in clearly legible figures, a unit price and an item total for each item of Work in the respective spaces provided for this purpose. In the case of unit prices, the amount set forth under the ITEM TOTAL column shall be the extension of unit price bid multiplied by the estimated quantity for the item. If the bidder fails to enter a unit price and enters only an item total, then the Owner will divide the item total by the estimated quantity to arrive at a unit price, and the bidder shall be locked by that unit price. If the unit price is less than one cent, be sure that the proper number of zeros are included. If there is a discrepancy between the unit price and the item total, the unit price shall prevail over the item totals and the Owner will correct the item total.

The summation of all items in the ITEM TOTAL column shall be placed at the caption TOTAL AMOUNT BID. The TOTAL AMOUNT BID is informational only and may be used for comparison in determining the apparent low Bid at time of Bid opening. The summation of the mathematically correct extended totals for each item under the ITEM TOTAL column is the intended bid. Any errors shall, at the option of the Owner, constitute grounds for the rejection of the Bid.

CONTRACT TIME

The Contract Time shall be as set forth in the Notice Inviting Bids.

LIQUIDATED DAMAGES

Liquidated damages, if any, shall be as set forth in Article 17.5 of the General Conditions of the Contract Documents.

END OF INSTRUCTIONS TO BIDDERS

Construction Contract – PLA 05-08-2025

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THIS CONTRACT is made and entered, as of _________, 20__ for reference purposes only, pursuant to an order of the Board of Public Utilities Commissioners of the

City of Long Beach adopted at its meeting on __________, 20__, by and between

___________________, a California corporation, whose address is __________________

(“Contractor”), and the BOARD OF PUBLIC UTILITIES COMMISSIONERS OF THE CITY

OF LONG BEACH (“Board”) for and on behalf of the City of Long Beach (“City”) and on its own behalf in its official capacity.

WHEREAS, pursuant to a Notice Inviting Bids for _______________, dated

__________, 20__, and published by the Board, bids were received, publicly opened and declared on the date specified in said Notice; and

WHEREAS, the Board accepted the bid of the Contractor; and

WHEREAS, the Board has authorized the General Manager to enter a contract with Contractor for furnishing the materials and doing the work described in

Specifications WD-______;

NOW, THEREFORE, in consideration of the mutual terms and conditions herein, the parties agree as follows:

1. SCOPE OF WORK. Contractor shall furnish all necessary labor, supervision, tools, materials, supplies, appliances, equipment, and transportation for the work described in Specifications WD-_____ for _________, said work to be performed according to the Contract Documents identified below. However, this Contract is intended to provide to the Board complete and finished work and, to that end, Contractor shall do everything necessary to complete the work, whether or not specifically described in the

Contract Documents.

2. PRICE AND PAYMENT. City shall pay to Contractor the amount(s) for materials and work identified in the Bid, attached hereto as Exhibit “A,” for

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_______________ Dollars ($________).

Contractor shall submit requests for progress payments. City will make progress payments in due course of payments in accordance with Section 9 of the

Standard Specifications for Public Works Construction (latest edition at the time of award).

3. CONTRACT DOCUMENTS. The Contract Documents include: The

Notice Inviting Bids, Specifications WD-____ (which include by reference the Standard

Specifications for Public Works Construction and any supplements thereto, collectively referred to as the “Standard Specifications”); the California Code of Regulations; the various Uniform Codes applicable to trades; the prevailing wage rates; the bid; the PLA;

this Contract and all documents attached hereto or referenced herein including but not limited to insurance; Bond for Faithful Performance; Payment Bond; Notice to Proceed;

Notice of Completion; any Addenda or Change Orders issued in accordance with the

Standard Specifications; any permits required and issued for the work; drawings; and the

Information Sheet. These Contract Documents are incorporated herein by the above reference and shall be a part of this Contract.

Notwithstanding Section 2-5.2 of the Standard Specifications, if any conflict or inconsistency exists or develops among or between Contract Documents, the priority identified in the General Conditions of the Specifications shall govern. If no priority is identified in the General Conditions, then the following priority shall govern: (1) permits from other agencies; (2) Change Orders; (3) the Contract; (4) Addenda to the bid, if any;

(5) the bid; (6) Supplementary General Conditions in the Specifications; (7) General

Conditions in the Specifications; (8) Technical Specifications; (9) drawings; (10) standard drawings; (11) Standard Specifications; and (12) Reference Specifications.

4. TIME FOR CONTRACT. Contractor shall commence work on a date to be specified in a written Notice to Proceed from the Board and shall complete all work within ______ (___) working/calendar days thereafter, subject to strikes, lockouts and events beyond the control of Contractor. Time is of the essence hereunder. The Board will suffer damage if the work is not completed within the time stated, but those damages

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C A would be difficult or impractical to determine. So, Contractor shall pay to the Board, as liquidated damages, the amount stated in the Contract Documents.

5. ACCEPTANCE OF WORK NOT TO CONSTITUTE A WAIVER. The acceptance of any work or the payment of any money by the Board or City shall not operate as a waiver of any provision of any Contract Document, of any power reserved to the Board, or of any right to damages or indemnity hereunder. The waiver of any breach or any default hereunder shall not be deemed a waiver of any other or subsequent breach or default.

6. CLAIMS FOR EXTRA WORK. No claim shall be made at any time upon the City or the Board by Contractor for and on account of any extra or additional work performed or materials furnished, unless such extra or additional work or materials shall have been expressly required by the General Manager (“General Manager”) of the Long

Beach Public Utilities Department (“LBUD”) and the quantities and price thereof shall have been first agreed upon, in writing, by the parties hereto.

7. CLAIMS. Contractor shall, upon completion of the work, deliver possession thereof to the Board ready for use and free and discharged from all claims for labor and materials in doing the work and shall assume and be responsible for, and shall protect, defend, indemnify and hold harmless the City and the Board from and against any and all claims, demands, causes of action, liability, loss, costs or expenses for injuries to or death of persons, or damages to property, including property of the City and the Board, which arises from or is connected with the performance of the work.

8. INSURANCE. Prior to commencement of work and as a condition precedent to the effectiveness of this Contract, Contractor shall provide to the Board evidence of all insurance required in the Contract Documents.

In addition, Contractor shall complete and deliver to the Board the form

(“Information Sheet”) attached as Exhibit “B” and incorporated by reference, to comply with

Labor Code Section 2810.

9. WORK DAY. Contractor shall comply with Sections 1810 through

1815 of the California Labor Code regarding hours of work. Contractor shall forfeit, as a

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C A penalty to the Board, the sum of Twenty-Five Dollars ($25) for each worker employed by

Contractor or any subcontractor for each calendar day such worker is required or permitted to work more than eight (8) hours unless that worker receives compensation in accordance with Section 1815.

10. PREVAILING WAGE RATES. Contractor is directed to the prevailing wage rates. Contractor shall forfeit, as a penalty to the Board, Two Hundred Dollars ($200) for each laborer, worker or mechanic employed for each calendar day, or portion thereof, that such laborer, worker or mechanic is paid less than the prevailing wage rates for any work done by Contractor, or any subcontractor, under this Contract. Contractor will abide by the applicable apprenticeship requirements provided in the California Labor Code.

11. COORDINATION WITH GOVERNMENTAL REGULATIONS. If the work is terminated pursuant to an order of any Federal or State authority, Contractor shall accept as full and complete compensation under this Contract such amount of money as will equal the product of multiplying the Contract Price stated herein by the percentage of work so completed by Contractor as of the date of such termination, and for which

Contractor has not been paid. If the work is so terminated, the General Manager, after consultation with Contractor, shall determine the percentage of said work so completed and the determination of the General Manager shall be final.

If Contractor is prevented, in any manner, from strict compliance with the

Specifications due to any Federal or State law, rule, or regulation, in addition to all other rights and remedies reserved to the parties, the Board may suspend performance hereunder until the cause of disability is removed, extend the time for performance, make changes in the character of the work or materials, or terminate this Contract without liability to either party.

12. NOTICES.

A. Any notice required in any Contract Document shall be in writing and personally delivered or deposited in the U.S. Postal Service, first class, postage prepaid, to Contractor at the address first stated herein, and to the Board at 1800 East Wardlow

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Road, Long Beach, California 90807 Attn: General Manager. Notice of change of address shall be given in the same manner as stated herein for other notices. Notice shall be deemed given on the date deposited in the mail or on the date personal delivery is made, whichever first occurs.

B. Except for stop notices and claims made under the Labor Code, the

Board will notify Contractor when the Board receives any third party claims relating to this

Contract in accordance with Section 9201 of the Public Contract Code.

13. BONDS REQUIRED. Contractor shall, simultaneously with the execution of this Contract, execute and deliver to the Board good and sufficient corporate surety bonds, in the form attached hereto and in the amount specified therein, conditioned upon the faithful performance of this Contract by Contractor, and a good and sufficient corporate surety bond, in the form attached hereto and in the amount specified therein, conditioned upon the payment of all labor and material claims incurred in connection with this Contract.

14. COVENANT AGAINST ASSIGNMENT. Neither this Contract nor any of the moneys that may become due Contractor hereunder may be assigned by Contractor without the written consent of the Board first had and obtained, nor will the Board recognize any subcontractor as such, and all persons engaged in the work of construction will be considered as independent contractors or agents of the Contractor and will be held directly responsible to Contractor.

15. CERTIFIED PAYROLL RECORDS.

A. Contractor shall keep and shall cause each subcontractor performing any portion of the work under this Contract to keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or subcontractor in connection with the work, all in accordance with Division 2, Part 7, Article 2 of the California

Labor Code. Such payroll records for Contractor and all subcontractors shall be certified

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C A and shall be available for inspection at all reasonable hours at the principal office of

Contractor pursuant to the provisions of Section 1776 of the Labor Code. Contractor's failure to furnish such records to City in the manner provided herein for notices shall entitle

City to withhold the penalty prescribed by law from progress payments due to Contractor.

B. Upon completion of the work, Contractor shall submit to the City certified payroll records for Contractor and all subcontractors performing any portion of the work under this Contract. Certified payroll records for Contractor and all subcontractors shall be maintained during the course of the work and shall be kept by Contractor for up to three (3) years after completion of the work.

C. The foregoing is in addition to, and not in lieu of, any other requirements or obligations established and imposed by any department of the City with regard to submission and retention of certified payroll records for Contractor and subcontractors.

16. RESPONSIBILITY OF CONTRACTOR. Contractor shall have the responsibility, care and custody of the work. If any loss or damage occurs to the work that is not covered by collectible commercial insurance, excluding loss or damage caused by the negligence or willful misconduct of the Board, its employees, earthquake, or flood, then

Contractor shall immediately make the Board whole for any such loss or pay for any damage. If Contractor fails or refuses to make the Board whole or pay, then the Board may do so and the cost and expense of doing so shall be deducted from the amount due

Contractor from the Board hereunder.

17. CONTINUATION. Termination or expiration of this Contract shall not terminate the rights or liabilities of either party which rights or liabilities accrued or existed prior to termination or expiration of this Contract.

18. TAXES AND TAX REPORTING.

A. As required by federal and state law, City is obligated to and will report the payment of compensation to Contractor on Form 1099-Misc. Contractor shall be solely responsible for payment of all federal and state taxes resulting from payments under this

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Contract. Contractor shall submit Contractor’s Employer Identification Number (EIN), or

Contractor’s Social Security Number if Contractor does not have an EIN, in writing to City’s

Accounts Payable, Department of Financial Management. Contractor acknowledges and agrees that City has no obligation to pay Contractor until Contractor provides one of these numbers.

B. Contractor shall cooperate with the City in all matters relating to taxation and the collection of taxes, particularly with respect to the self-accrual of use tax.

Contractor shall cooperate as follows: (i) for all leases and purchases of materials, equipment, supplies, or other tangible personal property totaling over $100,000 shipped from outside California, a qualified Contractor shall complete and submit to the appropriate governmental entity the form in Appendix “A” attached hereto; and (ii) for construction contracts and subcontracts totaling $5,000,000 or more, Contractor shall obtain a sub-permit from the California Department of Tax and Fee Administration (“CFTA”) for the Work site.