CONTRACT DOCUMENTS

SPECIFICATIONS AND STANDARD DRAWINGS

for the construction of

WELL 4 FACILITIES UPGRADES

CC No. 1698 in the

C I T Y O F H U N T I N G T O N B E A C H

2000 MAIN STREET

HUNTINGTON BEACH, CALIFORNIA 92648

(714) 536-5431

BIDS ELECTRONICALLY DUE:

October 29, 2026

NO LATER THAN 10:00 AM

CHAU L. VU, DIRECTOR

DEPARTMENT OF PUBLIC WORKS

iii

NOTE: If there are any questions relative to this project, please call Mark Lewis, Consultant

Project Manager, at: 949-677-0391

CITY OF HUNTINGTON BEACH

DEPARTMENT OF PUBLIC WORKS

2000 MAIN STREET

HUNTINGTON BEACH, CALIFORNIA 92648

(714) 536-5431

TABLE OF CONTENTS

SECTION A

NOTICE INVITING ELECTRONIC BIDS ....................................................................... A-1-3

SECTION B

INSTRUCTIONS TO BIDDERS .............................................................................................B-1

1. Proposal Forms ............................................................................................................B-1

2. Proposal Guarantee ......................................................................................................B-1

3. Proposal Signature .......................................................................................................B-2

4. Delivery of Proposal ....................................................................................................B-2

5. Return of Proposal Guarantee ......................................................................................B-2

6. Taxes ............................................................................................................................B-2

7. Disqualification of Bidders ..........................................................................................B-2

8. Contractor's License Requirement ...............................................................................B-3

9. References ....................................................................................................................B-3

10. Listing of Subcontractors ...........................................................................................B-3

11. Discrepancies and Misunderstandings .......................................................................B-3

12. Equivalent Materials ..................................................................................................B-3

13. Legal Responsibilities ................................................................................................B-4

14. Award of Contract......................................................................................................B-4

15. Material Guarantee.....................................................................................................B-4

16. Execution of Contract ................................................................................................B-4

17. Submission of Bonds and Insurance ...................................................................... B-4-5

18. Addenda .....................................................................................................................B-5

19. Bid Protest ..................................................................................................................B-5

20. Questions to the Engineer ..........................................................................................B-5 iv

SECTION C

PROPOSAL .............................................................................................................................C-1,2

List of Subcontractors ......................................................................................................C-3 Noncollusion Affidavit ....................................................................................................C-4 Utility Agreement ............................................................................................................C-5 Disqualification Questionnaire ........................................................................................C-6 Compensation Insurance Certification .............................................................................C-7 Bidder's Information ........................................................................................................C-8 Notary Certificate.............................................................................................................C-9 Bidder’s Project History ................................................................................................C-10 Bidder's Critical Staff .....................................................................................................C-11 California Department of Industrial Relations (DIR) Certificate ..................................C-12

SECTION D

SAMPLE CONTRACT ....................................................................................................... D-1-26

SECTION E

SPECIAL PROVISIONS ................................................................................ E-1-23

PART 1 GENERAL PROVISIONS

SECTION 1 – GENERAL ....................................................................... E-2

1-2 TERMS AND DEFINITIONS

1-7 AWARD AND EXECUTION OF THE CONTRACT

SECTION 2 – SCOPE OF THE WORK ......................................................... E-3-4

2-2 PERMITS

2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES

SECTION 3 – CONTROL OF THE WORK ................................................... E-5-8

3-4 AUTHORITY OF BOARD AND THE ENGINEER

3-7 CONTRACT DOCUMENTS

3-8 SUBMITTALS

3-10 SURVEYING

3-11 CONTRACT INFORMATIONAL SIGNS

3-12 WORK SITE MAINTENANCE

3-14 CLAIMS RESOLUTION

v

SECTION 4 - CONTROL OF MATERIALS ................................................. E-8-9

4-1 GENERAL

4-3 INSPECTION

4-4 TESTING

4-6 TRADE NAMES

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES ............. E-9-11

5-3 LABOR

5-4 INSURANCE

5-7 SAFETY

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK ....... E-11-14

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF

THE WORK

6-2 PROSECUTION OF THE WORK

6-3 TIME OF COMPLETION

6-9 LIQUIDATED DAMAGES

SECTION 7 – MEASUREMENT AND PAYMENT ................................. E-15-21

7-3 PAYMENT

7-4 PAYMENT FOR EXTRA WORK

7-6 BID ITEM DESCRIPTION

SECTION 8 - FACILITIES FOR AGENCY PERSONNEL ............................ E-21

8-1 GENERAL

PART 4 EXISTING IMPROVEMENTS

SECTION 400 – PROTECTION AND RESTORATION OF EXISTING

IMPROVEMENTS ............................................................................................ E-22

400-1 GENERAL

SECTION 402 – UTILITIES ............................................................................. E-23

402-1 LOCATION

402-2 PROTECTION

402-4 RELOCATION

402-5 DELAYS DUE TO UTILITY CONFLICTS

vi

APPENDICES

APPENDIX A DOWNLOAD PUBLIC WORKS STANDARDS, TRUCK ROUTE,

TRASH PICK UP, STREET SWEEPING SCHEDULE,

AND TEMPORARY WATER METER

APPENDIX B NOT USED

APPENDIX C DOWNLOAD REGIONAL WATER QUALITY CONTROL BOARD

PERMITS

APPENDIX D CONTRACTOR BUSINESS LICENSE APPLICATION

APPENDIX E INSURANCE AND INDEMNITY REQUIREMENTS

APPENDIX F BOND FORMS

APPENDIX G AGENCY EXTRA WORK FORMS

APPENDIX H PLANS FOR WELL 4 FACILITIES UPGRADES

APPENDIX I TECHNICAL SPECIFICATIONS FOR WELL 4 FACILITIES UPGRADES

APPENDIX J CITY DESIGN STANDARDS FOR INSTRUMENTATION,

CONTROLS, AND ELECTRICAL

A-1

S E C T I O N A

N O T I C E I N V I T I N G E L E C T R O N I C B I D S

PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 10:00 AM on October 29, 2026, on the City’s PlanetBids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City’s PlanetBids System Vendor Portal website at:

https://www.planetbids.com/portal/portal.cfm?CompanyID=15340

Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at:

https://www.planetbids.com/portal/portal.cfm?CompanyID=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued.

SCHEDULE OF EVENTS

Release of Invitation For Bids October 7, 2026

Deadline for Written Questions October 16, 2026

Responses to Questions Posted on Web October 23, 2026

Bids are Due 10:00 a.m. via Planet Bids October 29, 2026

Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648.

A-2

The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon.

The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. For electronic submittal of bids, the bid security must be received at the City of Huntington Beach Public Works Office, 2000 Main Street, no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows:

OFFICIAL BID SECURITY - DO NOT OPEN

PROJECT MANAGER – Michael Aguas

Project Name: CC # 1698 - Well 4 Upgrades

Bid Opening Date: October 29, 2026 at 10:00 AM

The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A, at the time of the bid opening.

The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern.

Project Description: The upgrades to the existing Well 4 facility, which discharges ground water into the Peck Reservoir, includes the demolition and removal of the existing well pump building and foundation, field instruments, electrical, well tubing and wellhead piping. Removal of the existing leased well pump and appurtenances, motor and VFD are to be salvaged for the leasing firm who owns this equipment to pickup and remove these items from the site. Upgrades include a new 75 Hp well pump, tubing, well-head and modifications to be performed by a specialized well reconditioning firm performing as a subcontractor to the general contractor. Other work includes a new building, concrete foundation and slab, discharge steel fusion bonded epoxy lined pipe ranging in size between 6” and 12” in diameter, hydraulically controlled pressure sustaining valve with a flow metering and monitoring system, centrifugal liquid-solids separator, valves, field instruments & appurtenances, 480VAC electrical gear and pump VFD. PLC’s and related programming are to be performed by the City’s controls configuration firm separate from the general contractor’s work. Demolition of the Well 4 chlorine building is an optional scope item as is installation of PLC-0004 either or both of which can be authorized by the City during the duration of the work.

The Engineer’s Estimate is $1,800,000. The contract shall allow the Contractor 240 working days to complete the contract.

A-3

All questions related to this bid solicitation must be submitted through the City’s PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system.

The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days.

B-1

S E C T I O N B

I N S T R U C T I O N S T O B I D D E R S

1. Proposal Forms

Contract documents may be downloaded, at no cost, from the City’s PlanetBids System Vendor Portal website at: https://www.planetbids.com/portal/portal.cfm?CompanyID=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued.

Bids will only be received electronically through the City’s PlanetBids System Vendor Portal website at: https://www.planetbids.com/portal/portal.cfm?CompanyID=15340. Bids will not be accepted after the specified Bid Opening date and time. The bidder shall have the sole exclusive responsibility for ensuring that the bid is received by the specified bid opening date and time. For technical support with the electronic bidding system, please click the Help Center icon from any PlanetBids screen to be directed to the technical support help desk.

Electronic bids shall be submitted and uploaded on the Proposal forms provided by the AGENCY.

All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY may reject any proposal not meeting these requirements. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures.

Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. Any bidder may personally withdraw his bid from the City’s PlanetBids system prior to the bid opening date and time stated in the Notice Inviting Bids. Any request to withdraw a bid after bid opening shall meet all requirements of Public Contract Code section 5100 et seq. and must be submitted in writing within five (5) working days, excluding Saturdays, Sundays and State holidays, specifying in detail the mistake.

2. Proposal Guarantee

Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY.

For electronic submittal of proposals, the certified cashier’s check or bid bond (bid security), must be received at the City of Huntington Beach Public Works office, 2000 Main Street, Huntington Beach, CA 92648 no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside envelope must read as follows:

B-2

OFFICIAL BID SECURITY - DO NOT OPEN

PROJECT MANAGER – Michael Aguas

Project Name: CC # 1698 - Well 4 Upgrades

Bid Opening Date: October 29, 2026 at 10:00 AM

3. Proposal Signature

If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the co partnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given;

and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given.

4. Delivery Of Proposal

Bids will only be received electronically through the City’s PlanetBids System Vendor Portal website at: https://www.planetbids.com/portal/portal.cfm?CompanyID=15340. Bids will not be accepted after the specified Bid Opening date and time. The bidder shall have the sole exclusive responsibility for ensuring that the bid is received by the specified bid opening date and time. For technical support with the electronic bidding system, please click the Help Center icon from any PlanetBids screen to be directed to the technical support help desk.

Any bidder may personally withdraws his bid from the City’s PlanetBids system prior to the bid opening date and time stated in the Notice Inviting Bids. Any request to withdraw a bid after bid opening shall meet all requirements of Public Contract Code section 5100 et seq. and must be submitted in writing within five (5) working days, excluding Saturdays, Sundays and State holidays, specifying in detail the mistake.

5. Return Of Proposal Guarantees

The proposal guarantees of all bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders.

6. Taxes

No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

7. Disqualification Of Bidders

In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor.

B-3

8. Contractor's License Requirement

This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164.

9. References

All reference information called for in the bid proposal must be submitted with the bid proposal.

Failure to provide reference information of history of similar work and experience with the bid proposal at the time of bid opening may lead to rejection of such proposal as non-responsive.

10. Listing Of Subcontractors

Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one-half of one percent of the Contractor's total bid or $10,000, whichever is greater.

11. Discrepancies And Misunderstandings

Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed.

No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Such notification must be submitted, if any, must be submitted no later than the Q & A deadline on Planet Bids for the project. Any inquiries received after this deadline will not be accepted. Questions must be submitted electronically through the City’s PlanetBids system. Emails, phone calls, and faxes will not be accepted.

Questions submitted to City staff will not be addressed and bidder will be directed to the PlanetBids system.

If the City determines that the point in question is substantive and is not clearly and fully set forth in the Contract Documents, the City will issue a written addendum clarifying the matter which will be posted on the City’s PlanetBids System Vendor Portal website at:

https://www.planetbids.com/portal/portal.cfm?CompanyID=15340. Any interpretation of the Contract Documents will be made only by written addenda on the City’s PlanetBids system. City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal.

12. Equivalent Materials

Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials unless otherwise specified in the Special Provisions. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent.

B-4

13. Legal Responsibilities

All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California.

14. Award Of Contract

The award of contract, if made, will be to the lowest responsive and responsible bidder based upon the base bid excluding Optional Bid Items 10 and 11 as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated.

15. Material Guarantee

The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond cannot be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion.

16. Execution Of Contract

The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided prior to City Council award of the contract and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised.

B-5

17. Submission Of Bonds And Insurance

The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. See Appendix F for the City approved Payment and Performance Bond Forms. The Contractor may use any standard form for the Bid Bond. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address & phone:

Orange County Superior Court Probate Court Operations 341 The City Drive P.O. Box 14171 Orange, CA 92613-1571

(714) 935-6061, Contact Linda C. Wallace

Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy

Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured.

18. Addenda

Substantive City changes to the requirements contained herein will be made by written addendum to this Invitation for Bids. Any written addenda issued pertaining to this Invitation for Bids will be posted on the City’s PlanetBids System Vendor Portal website at:

https://www.planetbids.com/portal/portal.cfm?CompanyID=15340, and will be incorporated into the terms and conditions of any resulting Purchase Order and/or Contract as appropriate. The City shall not be bound to any modifications to or deviations from the requirements set forth in this Instructions to Bidders as the result of oral instruction or communication.

The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package.

Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY.

19. Bid Protest

To be considered timely, a bid protest must be filed within the following time limits:

(a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening.

(b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY.

20. Questions to the Engineer

Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to the Q & A deadline on Planet Bids as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed.

C-1

S E C T I O N C

P R O P O S A L

TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF

HUNTINGTON BEACH:

In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the bid prices provided in the electronic bid form included in Planet Bids. The official bid schedule is provided electronically through the City’s PlanetBids system. All bidders shall submit pricing exclusively using the PlanetBids bid form. The PlanetBids bid from is hereby incorporated by reference into these bid documents and shall control for the purposes of bid evaluation and award. Failure to fully complete the PlanetBids bid form shall render the bid non-responsive. The undersigned agrees to complete the work within 240 working days, starting from the date of the Notice to Proceed.

BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal.

BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project.

In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.

C-2

If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.

Accompanying this proposal of bid, find in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for__% ", as the case may be) Any standard Surety Bid Bond form is acceptable.

C-3

LIST OF SUBCONTRACTORS

In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor.

Bid

Item(s)

Name and Address of

Subcontractor

State

License

Number

Class DIR PWC Registration #

Dollar

Amount

% of

Contract

By submission of this proposal, the Bidder certifies:

1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing.

2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project.

C-4

NONCOLLUSION AFFIDAVIT

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______ , at _________________, ___ Date City State

______________________________, being first duly sworn, deposes and says that he or she is ______________________________ of ____________________________ the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Name of Bidder

Signature of Bidder

Address of Bidder

C-5

UTILITY AGREEMENT

HONORABLE MAYOR AND CITY COUNCIL

CITY OF HUNTINGTON BEACH, CALIFORNIA

Gentlemen:

The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CC–1698 WELL 4 FACILITIES UPGRADES, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows:

"Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved."

The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements.

The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein.

Contractor

By

Title

Date: ___________________

C-6

DISQUALIFICATION QUESTIONNAIRE

In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE

Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?

Yes No

If the answer is yes, explain the circumstances in the space provided.

Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the

Proposal shall constitute signature of this questionnaire.

C-7

COMPENSATION INSURANCE CERTIFICATE

Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate.

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

C-8

BIDDER'S INFORMATION

BIDDER certifies that the following information is true and correct:

Bidder Name

Business Address

City, State Zip

Telephone Number Email Address

State Contractor’s License No. and Class

Original Date Issued

Expiration Date

The following are persons, firms, and corporations having a principal interest in this proposal:

The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth.

Company Name

Signature of Bidder

Printed or Typed Signature

C-9

NOTARY CERTIFICATE

Subscribed and sworn to before me this day of , 202 .

State of _____________________ )

County of ___________________ )

On ___________________________ before me, ______________________________________ Month, Day, and Year Insert Name and Title of Notary personally appeared _____________________________________________________________ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

Signature of Notary Public (PLACE NOTARY SEAL ABOVE)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

C-10

Bidder’s Project History

For the purposes of this project, the bidder shall provide project history of similar work showing at least ten (10) years of experience in the construction and installation of water production facilities with particular emphasis on establishment and equipping of water wells with relevant experience within the last two (2) years. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.

Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years:

1.

Name and Address of Public Agency

Name and Telephone No. of Project Manager: ___________________________________

Contract Amount Type of Work Date Completed

Provide additional project description to show similar work:

2.

3.

C-11

Bidder’s Critical Staff

Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein.

1.

Name of proposed Project Manager

Telephone No. of proposed Project Manager: _____________________________________

Project Name & Contract Amount Type of Work Date Completed

2.

Name of proposed Superintendent

Telephone No. of proposed Superintendent: ______________________________________

C-12

CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT

OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE

Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate.

DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet_6.30.14.pdf

DIR’s Contractor Registration Link – Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm

DIR’s Contractor Registration searchable database:

https://efiling.dir.ca.gov/PWCR/Search.action

I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid.

Email

PWC Registration #: __________________

D-1

16-5195/City Funded Construction Contract.docx – revised 04/2016

S E C T I O N D

SAMPLE CONTRACT

D-2

CITY FUNDED CONSTRUCTION CONTRACT BETWEEN

THE CITY OF HUNTINGTON BEACH AND

FOR

THIS AGREEMENT ("Agreement") is made and entered into by and between the City of

Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as

"CITY," and _________________________________________________________________, a

__________________________corporation, hereinafter referred to as "CONTRACTOR."

WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as

"PROJECT," more fully described as _____________________________________________

_______ in the City of Huntington Beach; and

CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows:

1. STATEMENT OF WORK; ACCEPTANCE OF RISK

CONTRACTOR shall complete and construct the PROJECT pursuant to this

Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner.

CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the

D-3 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal.

2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND

SPECIFICATIONS

CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY.

It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this

Agreement.

"Contract Documents" as defined herein mean and include:

A. This Agreement;

B. Bonds covering the work herein agreed upon;

C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public

Works of CITY, and any revisions, amendments or addenda thereto;

D-4

D. The edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the

Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the

California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project;

E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as

Exhibit "A" and incorporated herein by this reference);

F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the

Specifications, shall be of like effect as if indicated and mentioned in both.

In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by

CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense.

Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith.

D-5

3. COMPENSATION

CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed

____________________________________________________________Dollars

($ _________________), as set forth in the Contract Documents, to be paid as provided in this

Agreement.

4. COMMENCEMENT OF PROJECT

CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within

___________________________________( ) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement.

5. TIME OF THE ESSENCE

The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents.

CONTRACTOR shall prepare and obtain approval as required by the Contract

Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the

Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, D-6 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises.

6. CHANGES

CONTRACTOR shall adhere strictly to the plans and specifications set forth in the

Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW.

When directed to change the work, CONTRACTOR shall submit immediately to

DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to

CONTRACTOR and the contract price will be adjusted upward or downward accordingly.

7. NOTICE TO PROCEED

No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY.

CITY does not warrant that the work will be available on the date…