2025-10-28 Myoma Dunes Inter-Tie - NIB Contract Documents signed.pdf

Indio Water Authority Project: WT-INTERT

INDIO WATER AUTHORITY

CONTRACT DOCUMENTS

FOR

MYOMA DUNES WATER COMPANY INTERTIE

PROJECT

PROJECT NO. WT-INTERT

BID DATE

N O V E M B E R 20 , 2 0 25 , A T 3 : 00 P . M .

Approved by: ____________________________________ Indio Water Authority Water

Project Construction Manager

PROJECT OVERVIEW SHEET

MYOMA DUNES WATER COMPANY INTERTIE PROJECT [“Project”]

Identification number: WT-INTERT

Engineer’s Cost Estimate: $130,000

Time for Completion: 60 Working Days

Liquidated Damages: $1,000 / Per Calendar Day

Bid Opening Date: November 20, 2025, at 3:00 P.M.

(Via PlanetBids)

Requests for Information: Questions must be in writing and submitted by 3:00 P.M. on, November 12, 2025.

(Request Via PlanetBids)

Anticipated Contract Award*: December 3, 2025

Anticipated Construction Start Date*: January 15, 2026 – Notice to Proceed

Required Contractor License: Class “A” General Engineering Contractor's License.

All electrical work shall be performed by a licensed C-10 Electrical Contractor.

Obtain Bid Package: Complete sets of the bidding documents may be accessed online at:

https://pbsystem.planetbids.com/portal/32404/portal-home

Vendor Registration: Only companies that are registered will be eligible to bid and/or propose on the project.

* These dates are subject to change.

Table of Contents Page

NOTICE INVITING BIDS

INSTRUCTIONS TO BIDDERS

CHECKLIST FOR BIDDERS

CONTRACT

CONTRACT

Other provisions or requirements

GENERAL PROVISIONS

SECTION 0. GENERAL PROVISIONS DEFINED

SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE,

AND SYMBOLS

SECTION 2. SCOPE OF THE WORK

SECTION 3. CONTROL OF THE WORK

SECTION 4. CONTROL OF MATERIALS

SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES

SECTION 6. PROSECUTION AND PROGRESS OF THE WORK

SECTION 7. MEASUREMENT AND PAYMENT

SECTION 8. FACILITIES FOR AGENCY PERSONNEL

SECTION 9. ADDITIONAL TERMS

SECTION 306 - OPEN TRENCH CONDUIT CONSTRUCTION

SECTION 400 EXISTING IMPROVEMENTS

SECTION 402 UTILITIES

TECHNICAL SPECIFICATIONS

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IWA Project: WT-INTERT Indio Water Authority

NOTICE INVITING BIDS

FOR

MYOMA DUNES WATER COMPANY INTERTIE PROJECT

Project number: WT-INTERT

NOTICE IS HEREBY GIVEN that the Indio Water Authority, Indio, California (“IWA”) invites Electronic Bids for the Project. The City of Indio/IWA will receive such Bids up to 3:00 PM on November 20, 2025, at which time they will be opened and released to the public.

All Bids must be made on the form furnished by the City. Bids must remain valid and shall not be subject to withdrawal for sixty (60) Days after the Bid opening date.

INCORPORATION OF STANDARD SPECIFICATIONS. The 2021 edition of “Standard Specifications for Public Works Construction” (“Standard Specifications”), as amended by the Contract Documents, is incorporated into the Contract Documents by reference. A copy of these specifications can be obtained at www.bnibooks.com.

SCOPE OF WORK. The Project includes, without limitation, furnishing all necessary labor, materials, equipment, and other incidental and appurtenant Work necessary to satisfactorily complete the Project, as more specifically described in the Contract Documents. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of Bids. Actual quantities of Work to be performed may vary at the discretion of the IWA Engineer.

The project is located on Avenue 42 between Country Club Drive and Glass Drive in the City of Indio, CA. The project will consist of installing an 18-in X 12-in tapping tee with a 12” flanged butterfly valve, approximately 56 LF of 12” DIP, a new 8-inch meter vault assembly, a new standard IWA AMI meter box for a transmitter only adjacent to the 8-inch meter vault, and restoration of pavement, curb and gutter, sidewalk, and landscaping. The work will include all required survey, traffic control, restoration of any damaged road markings, and final cleanup.

OBTAINING BID DOCUMENTS. Contract documents may be downloaded electronically without charge, by registering as a bidder. The City has partnered with PlanetBids to announce and distribute all solicitations for engineering capital improvement projects. Only companies that are registered will be eligible to bid and/or propose on the project. A digital copy of said contract documents are available on-line at:

There are several public agencies that utilize PlanetBids, each with their own portal. Registration with PlanetBids must be made individually with each agency. Bidders must register with the City of Indio’s portal to ensure receipt of any Addenda issued by City on this Project.

A free copy of the bid documents are also located to view on the City’s Website at:

https://vendors.planetbids.com/portal/32404/portal-home https://vendors.planetbids.com/portal/32404/portal-home

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FACSIMILE NUMBER AND EMAIL ADDRESS. Bidders shall supply the IWA Engineer with a facsimile number and email address to facilitate transmission of Addenda and other information related to these Contract Documents. If the Addenda and other information are emailed, the IWA shall also send all documents by facsimile or U.S. Mail. Failure to provide such a facsimile number and email address may result in late notification. The IWA does not guarantee that it will provide any information by facsimile, email, or both. A Bidder shall be responsible for all Addenda regardless of whether Bidder received any such fax or email, and a Bidder shall have no recourse due to not receiving such facsimile, email, or both.

REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall 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, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].

PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Director of Public Works and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR.

BONDS. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the IWA and in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. Before acceptance of the Project, the Contractor shall submit a warranty or maintenance Bond that is valid for one year from acceptance, in the amount of one hundred percent (100%) of the Contract Price; in lieu of that Bond, the Contractor may submit proof from the Surety that the performance Bond has been extended for the appropriate duration of time. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the IWA, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law.

TRENCHES AND OPEN EXCAVATIONS. Pursuant to Labor Code Section 6707, if this Project involves the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid submitted in response hereto shall contain, as a Bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders.

LICENSES. Each Bidder shall possess a Class “A” General Engineering Contractor's License.

All electrical work shall be performed by a licensed C-10 Electrical Contractor. Both licenses must be issued by the California State Contractors License Board at the time of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder must possess

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such a license at the time of Contract award. The successful Contractor must also possess a current City of Indio business license.

RETENTION SUBSTITUTION. Five percent (5%) of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the IWA or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the IWA make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.

TRADE NAMES OR EQUALS. Requests to substitute an equivalent item for a brand or trade name item must be made by written request submitted no later than ten (10) Calendar Days before the Bid submission deadline. Requests received after this time shall not be considered.

Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability.

LIQUIDATED DAMAGES. Liquidated damages shall accrue in the amount of $1,000 for each calendar day that Work remains incomplete beyond the Project completion deadline specified in the Contract Documents.

BIDDING PROCESS. The IWA reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest.

By: _____________________________ ___________________________________

IWA Engineer Date Indio Water Authority

10/28/2025

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INSTRUCTIONS TO BIDDERS

FORM OF BID. Bids shall be made on the Bid forms found herein. Bidders shall include all forms and fill in all blank spaces, including inserting “N/A” (for not applicable) where necessary. Each Bid must be submitted electronically as described in the Notice Inviting Bids.

DELIVERY OF BIDS. The Bid shall be delivered by the time and date, and to the place specified in the Notice Inviting Bids. No oral, faxed, emailed, or telephonic Bids or alternatives will be considered. Bidders are solely responsible for ensuring that their Bids are received in proper time, and Bidders assume all risks arising out of the submittal of their documentation. Any Bid received after the Bid submission deadline will be rejected. Accepted Bids shall become the property of the City. Submitted Bids are secured and cannot be seen by staff until after the appointed time for opening of bids.

NON-COLLUSION AFFIDAVIT. Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the IWA is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.

PROPOSAL BID SHEET. Bidders shall give unit prices for each, and all of the items set forth.

No aggregate bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed, and the bidder shall make his own estimates from the drawings.

AMENDED BIDS. Unauthorized conditions, limitations or provisos attached to a Bid may cause the Bid to be deemed incomplete and non-responsive.

WITHDRAWAL OF BID. A Bid may be withdrawn without prejudice upon written request by the Bidder filed with the IWA Clerk before the Bid submission deadline. Bids must remain valid and shall not be subject to withdrawal for sixty (60) Days after the Bid opening date.

IRREGULAR PROPOSALS. Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.

BID OPENING. The IWA publicly opens and reads bids at the time and place shown on the Notice Inviting Bids.

BID PROTESTS. Any Bid protest must be submitted in writing to the IWA within five (5) Business Days of the deadline for receipt of Bids. Any protest submitted thereafter is untimely. The protest must state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest. The protest must include the name, address, and telephone number of the person representing the protesting party or be submitted on company letterhead.

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The party filing the protest must concurrently transmit a copy of the protest to the Bidder deemed to be the apparent low Bidder.

The party filing the protest must have actually submitted a Bid on the project. A subcontractor of a party filing a Bid on this project may not submit a Bid protest. A party should not rely on the Bid protest submitted by another Bidder but must timely pursue its own protest.

The procedure and time limits set forth in this section are mandatory and are the Bidder's sole and exclusive remedy in the event of a Bid protest. The Bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue the Bid protest, including filing of a challenge of the award pursuant to California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

BIDDER’S SECURITY. Each Bid shall be accompanied by a scanned copy of a certified or cashier’s check payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as principal and an admitted surety insurer as Surety, in an amount not less than ten percent (10%) of the amount set forth in the Bid. The City will request the apparent low bidder at the time of bid opening, to provide the original hard copy. The certified/cashier’s check or Bid Bond shall be given as a guarantee that, if selected, the Bidder will execute the Contract in conformity with the Contract Documents and will provide the evidence of insurance and furnish the specified Bonds, within fifteen (15) Days after the date of delivery of the Contract Documents to the Bidder. In case of the Bidder’s refusal or failure to do so, the City may award the Contract to the next lowest responsible bidder, and the cash, check, or Bond (as applicable) of the lowest Bidder shall be forfeited to the City to the extent permitted by law. No Bid Bond will be accepted unless it conforms substantially to the form provided in these Contract Documents.

QUANTITIES APPROXIMATE. Any quantities shown in the Bid form or elsewhere herein shall be considered as approximations listed to serve as a general indication of the amount of Work or materials to be performed or furnished, and as basis for the Bid comparison. The IWA does not guarantee that the actual amounts required will correspond with those shown. As deemed necessary or convenient, the IWA may increase or decrease the amount of any item or portion of Work or material to be performed or furnished or omit any such item or portion, in accordance with the Contract Documents.

REQUESTS FOR INFORMATION. All Requests for Information (RFIs) shall be submitted before 3:00 PM on November 12, 2025. RFIs must be submitted via PlanetBids.

ADDENDA. The IWA Engineer may, from time to time, issue Addenda to the Contract Documents. Bidders are responsible for ensuring that they have received any and all Addenda.

Each Bidder is responsible for verifying that it has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in their bids. Failure to acknowledge receipt of all Addenda may cause a Bid to be deemed incomplete and non-responsive.

DISCREPANCIES IN BIDS. Each bidder shall set forth as to each item of Work, in clearly legible words and figures, a unit or line-item Bid amount for the item in the respective spaces provided for this purpose.

In case of discrepancy between the unit price and the extended amount set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or if the unit price is the same amount as the entry in the

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“extended amount” column, then the amount set forth in the “extended amount” column for the item shall prevail in accordance with the following:

(1) As to lump sum items, the amount set forth in the “extended amount” column shall be the unit price.

(2) As to unit price items, the amount set forth in the “extended amount” column shall be divided by the estimated quantity for the item set forth in the Bid documents, and the price thus obtained shall be the unit price.

In case of discrepancy between words and figures, the words shall prevail.

COMPETENCY OF BIDDERS. In evaluating Bidder responsibility, consideration will be given not only to the financial standing, but also to the general competency of the Bidder for the performance of the Project. Each Bidder shall set forth in the designated area of the Bid form a statement of its experience. No Contract will be executed with a Bidder that is not licensed and registered with the DIR in accordance with State law, and with any applicable specific licensing requirements specified in these Contract Documents. These licensing and registration requirements for Contractors shall also apply to all Subcontractors.

CONTRACTOR LICENSE. The Contractor must be properly licensed as a contractor from bid submission through Contract acceptance. Unless there are federal funds on the contract and pursuant to Public Contract Code Section 20103.5, the Contractor must be properly licensed as a contractor from contract award through contract acceptance.

BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS. Each Bidder must carefully examine the Project site and the entirety of the Contract Documents. Upon submission of a Bid, it will be conclusively presumed that the Bidder has thoroughly investigated the Work and is satisfied as to the conditions to be encountered and the character, quality, and quantities of Work to be performed and materials to be furnished. Upon Bid submission, it also shall be conclusively presumed that the Bidder is familiar with and agrees to the requirements of the Contract Documents, including all Addenda. No information derived from an inspection of records or investigation will in any way relieve the Contractor from its obligations under the Contract Documents nor entitle the Contractor to any additional compensation. The Contractor shall not make any claim against the IWA based upon ignorance or misunderstanding of any condition of the Project site or of the requirements set forth in the Contract Documents. No claim for additional compensation will be allowed which is based on a lack of knowledge of the above items. Bidders assume all risks in connection with performance of the Work in accordance with the Contract Documents, regardless of actual conditions encountered, and waive and release the IWA with respect to any and all claims and liabilities in connection therewith, to the extent permitted by law.

DISQUALIFICATION OF BIDDERS. No Person shall be allowed to make, file or be interested in more than one Bid for the Project, unless alternate Bids are specifically called for. A Person that has submitted a sub-bid to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or from making a prime Bid. If there is a reason to believe that collusion exists among the Bidders, all affected Bids will be rejected.

RETURN OF BID SECURITY. The successful Bidder’s Bid security shall be held until the Contract is executed. Bid security shall be returned to the unsuccessful Bidders within a

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reasonable time, which in any case shall not exceed sixty (60) Days after the successful Bidder has signed the Contract.

AWARD OF CONTRACT. The IWA reserves the right to reject any or all Bids or any parts thereof or to waive any irregularities or informalities in any Bid or in the bidding. The Contract award, if made, will be to the lowest responsible and responsive Bidder and is anticipated to occur within sixty (60) Days after the Bid opening. The Contract award may be made after that period if the selected Bidder has not given the IWA written notice of the withdrawal of its Bid.

DETERMINATION OF LOWEST BID. In accordance with Public Contract Code Section 20103.8, the lowest Bid shall be determined as follows: The total amount of the base bid items, as found on the Bid Proposal.

TRENCHING. If the Project involves the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five (5) feet deep or more, then each Bidder must submit, as a Bid Item, adequate sheeting, shoring, and bracing, or an equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. This final submission must be accepted by the IWA in advance of excavation and must include a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from caving ground during the excavation Work.

If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

LISTING SUBCONTRACTORS, SELF-PERFORMANCE. Each Bidder shall submit a list of the proposed Subcontractors on the Project, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100, et seq.). Contractor shall self-perform not less than fifty percent (50%) of the Work, as determined by the percentage of Work to be performed by listed Subcontractors.

EXECUTION OF CONTRACT. The selected Bidder shall execute the Contract in the form included in these Contract Documents within fifteen (15) Days from the date of delivery of the Contract Documents to the Bidder. Additionally, the selected Bidder shall also secure all insurance and Bonds as herein specified, and provide copies to the IWA, within fifteen (15) Days from the date of delivery of the Contract Documents to the Bidder.

Failure or refusal to execute the Contract or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the Bidder’s security. In such event, the IWA may declare the Bidder’s security forfeited to the extent permitted by law, and the IWA may award the Contract to the next lowest responsible Bidder or may reject all bids.

NO COMPENSATION FOR COSTS INCURRED PRIOR TO CONTRACT EXECUTION.

All costs incurred by the selected Bidder prior to Contract award and execution of the Contract by the IWA shall be at the Bidder’s sole risk. IWA shall have no liability for costs incurred prior to its execution of the Contract.

SIGNATURES. The Bidder shall execute all documents requiring signatures and shall cause to be notarized all documents that indicate such a requirement. Bids submitted as joint ventures must so state and be signed by each joint venturer. The Bidder shall provide evidence satisfactory to the IWA, such as an authenticated resolution of its board of directors, a certified copy of a

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certificate of partnership acknowledging the signer to be a general partner, or a power of attorney, indicating the capacity of the person(s) signing the Bid to bind the Bidder to the Bid and any Contract arising therefrom. Alternatively, Bids submitted by corporations must be executed as specified in Corporations Code Section 313, and Bids submitted by partnerships must be executed by all partners comprising the partnership.

INSURANCE AND BONDS. The Contractor shall not begin Work until it has given the IWA evidence of all required insurance coverage (including all additional insured endorsements), a Bond guaranteeing the Contractor’s faithful performance of the Contract, and a Bond securing the payment of claims for labor and materials.

TELEPHONES. Bidders are hereby notified that the IWA will not provide telephones for their use at the time of Bid submission.

INTERPRETATION OF CONTRACT DOCUMENTS. Any Bidder that is in doubt as to the intended meaning of any part of the Contract Documents, or that finds discrepancies in or omissions from the Contract Documents, may submit to the IWA Engineer at iwaengineering@indio.org a written request for an interpretation or correction not later than as specified on the Project Overview Sheet. Requests for clarification received after this date will be disregarded. Please indicate the Project and identification number in the request for clarification.

Telephonic requests will not be taken. Any interpretation or correction of the Contract Documents will be made only by a written Addendum. No oral interpretation of any provision in the Contract Documents shall be binding.

TAXES. Except as may be otherwise specifically provided herein, all sales and/or use taxes assessed by federal, State, or local authorities on materials used or furnished by the Contractor in performing the Work shall be paid by the Contractor. The Bidder shall calculate payment for all sales, unemployment, pension, and other taxes imposed by federal, State, and local law and shall include these payments in computing the Bid.

LABOR CODE. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the IWA has obtained the general provisions rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of workman needed to execute the Contract from the State Director of the Department of Industrial Relations. These rates are on file with the City Clerk, and copies will be made available to any interested party on request. It shall be the responsibility of the prime Contractor to comply with all applicable sections of the Labor Code.

Travel and subsistence payments to each workman needed to execute the work shall be made as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8 of the Labor Code.

The Contractor shall comply with the provisions of Section 1774 of the Labor Code. Failure to comply with the subject section will subject the Contractor to penalty and forfeiture provisions of Section 1775 of the Labor Code.

Pursuant to the provisions of Section 1770 of the Labor Code, the general prevailing rate of wages has been ascertained (which rate includes employer payments for health and welfare, vacation, pension, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

mailto:iwaengineering@indio.org

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The IWA will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate or the Federal Minimum Wage Rate (whichever is greater) as set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid and will not under any circumstances be considered as the basis of a claim against the IWA on the Contract. The Contractor and subcontractors shall comply with Section 1777.6 which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee.

WORKER’S COMPENSATION CERTIFICATE. Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.

In accordance with this section and with Section 1861 of the State Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement and submit same to IWA along with the other required Contract Documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.

CLAYTON ACT AND CARTWRIGHT ACT. In accordance with Section 7103 of the Public Contract Code and State Government Code 4551, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.

15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

SUBLETTING AND SUBCONTRACTING. Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code), bidders are required to list in their proposal the name and location of place of business of each subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a subcontractor who specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of 1/2 of 1% of this prime Contractor’s total bid or $10,000, whichever is greater. Failure to list a subcontractor for a portion of the work means that the prime Contractor will do that portion of the work. It is the Agency’s intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.

SUBSTITUTION OF SECURITIES. In conformance with the State of California Government Code, Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract.

At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the IWA, or with a State or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon notification by IWA of Contractor’s satisfactory completion of the Contract.

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The type of securities deposited, and the method of release shall be approved by the City Attorney’s office.

CHECKLIST FOR BIDDERS

The following information is required of all Bidders at the time of Bid submission:

____ Completed and Signed Bid Proposal Form

____ Completed and Signed Questionnaire

____ Completed References Form

____ Resume of General Construction Superintendent/On-Site Construction Manager

____ Completed Subcontractor tab in PlanetBids

____ Completed, Signed and Notarized Bid Bond or Other Security Form

____ Signed Non-collusion Declaration Form

____ Reviewed and Acknowledged All Addenda in PlanetBids (if any)

____ Completed and Signed Iran Contracting Act Certification

Failure of the Bidder to provide all required information in a complete and accurate manner may cause the Bid to be considered non-responsive.

This checklist does not need to be submitted with your bid forms and is being provided for your information.

BID PROPOSAL

TO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD OF THE INDIO

WATER AUTHORITY:

The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other person and that the only persons or parties interested as principals are those named herein; (2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3) the undersigned has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished. Furthermore, the undersigned agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the IWA of Indio to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump-sum price as submitted on the Bid herein.

The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record includes all construction Work undertaken in California by the undersigned and any partnership, joint venture, or corporation that any principal of the undersigned participated in as a principal or owner for the last five (5) calendar years and the current calendar year before the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach any additional information or explanation of data that it would like to be taken into consideration in evaluating the Safety Record. An explanation of the circumstances surrounding any and all fatalities is attached.

Accompanying this Bid is cash, a cashier’s check, a certified check, or a Bid Bond in an amount equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and Bonds within fifteen (15) Days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the IWA to the extent permitted by law.

The undersigned certifies to have a minimum of three (3) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor’s License Number ____________, Class _____, which expires on

Bidder’s Name: ___________________________________________________

Signature: ___________________________Title_____________ Date: __________________

Signature: ___________________________Title_____________ Date: __________________

In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the IWA Engineer, at the following prices:

UNIT PRICES TO BE ENTERED IN PLANETBIDS

Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The IWA reserves the right to not use any of the estimated quantities;

and if this right is exercised, the Contractor will not be entitled to any additional compensation.

Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.

Where a work feature is shown on the drawings or identified in the Specifications but is not specifically indicated as an item in the Bid sheets, and there is no ambiguity regarding the requirement to construct, install, or construct and install that work feature, the Contractor is required to complete the work feature. Full compensation to the Contractor for constructing, installing, or both constructing and installing such a work feature shall be considered as included in the various contract items and no separate payment will be allowed therefore.

Signature: __________________________________

Printed Name: _________________________________

Title: __________________________________

Date: _______________

QUESTIONNAIRE FORM

Fill out all of the following information. Attach additional sheets if necessary.

(1) Bidder’s Name:

(2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered owner? If the Bidder’s name is not a fictitious name, write “N/A” in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement.

(3) Business Address:

(4) Telephone: Facsimile:

(5) Email:

(6) Type of Firm – Individual, Partnership, LLC or Corporation:

(7) Corporation organized under the laws of the State of:

(8) California State Contractor’s License Number and Class:

Original Date Issued: Expiration Date:

(9) DIR Contractor Registration Number:

(10) List the name and title of the person(s) who inspected the Project site for your firm:

(11) List the name and title of the person(s) who attended the mandatory pre-Bid meeting for your firm, including the mandatory site visit (if any): _____________________________

(12) Number of years’ experience the company has as a contractor in construction work:

(13) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Bid:

List all current and prior D.B.A.’s, aliases, and fictitious business names for any principal having interest in this Bid:

(14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid:

(15) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the company or any principal having an interest in this Bid has been involved with in the past five (5) years:

a. List the names, addresses and telephone numbers of contact persons for the parties:

b. Briefly summarize the parties’ claims and defenses:

c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome:

(16) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain.

(17) Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, explain.

(18) Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a “termination of convenience”? If yes, explain.

(19) For projects that the company or any principal having an interest in this Bid has been involved with in the last five (5) years, did you have any claims or actions:

a. By you against the owner? Circle one: Yes No

b. By the owner against you? Circle one: Yes No

c. By any outside agency or individual for labor compliance?

Circle one: Yes No

d. By Subcontractors? Circle one: Yes No

e. Are any of these claims or actions unresolved or outstanding?

Circle one: Yes No

If your answer is “yes” to any part or parts of this question, explain.

(20) List the last three (3) projects you have worked on or are currently working on for the Indio Water Authority:

Upon request of the IWA, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information.

Failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemed non-responsive.

The Bidder declares under penalty of perjury under the laws of the State of California that the information provided above is true and correct.

Company

Signature:

Title:

Date:

Signature:

Title:

Date:

REFERENCES FORM

For all Public Agency projects in excess of $15,000 that you are currently working on or have worked on in the past two (2) years, provide the following information:

Project 1 Name/Number

Project Description ___________________________________________________________

Approximate Construction Dates From: ______________ To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $

If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or any Subcontractor, file any claims against the Agency?

Did the Agency file any claims against you? Circle one: Yes No

If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 2 Name/Number

Project Description ___________________________________________________________

Approximate Construction Date From: ______________ To:

Agency Name:

Contact Person: Telephone:

Address:

Did the Agency file any claims against you? Circle one: Yes No

Project 3 Name/Number

Approximate Construction Dates From: ______________ To:

Agency Name:

Contact Person: Telephone:

Address:

Did the Agency file any claims against you? Circle one: Yes No

Project 4 Name/Number

Project Description ___________________________________________________________

Approximate Construction Dates From: ______________ To

Agency Name:

Contact Person: Telephone:

Address:

Did the Agency file any claims against you? Circle one: Yes No

Project 5 Name/Number

Approximate Construction Dates From: ______________ To:

Agency Name:

Contact Person: Telephone:

Address:

Circle one: Yes No

Did the Agency file any claims against you? Circle one: Yes No

Project 6 Name/Number

Approximate Construction Dates From: ______________ To:

Agency Name:

Contact Person: Telephone:

Address:

Did the Agency file any claims against you? Circle one: Yes No

RESUME

MYOMA DUNES WATER COMPANY INTERTIE PROJECT [“PROJECT”]

Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Project.

Bond No. _________

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the Indio Water Authority (“IWA”), has issued an invitation for Bids for the Work described as follows:

WHEREAS

(Name and address of Bidder)

(“Principal”), desires to submit a Bid to IWA for the Work.

WHEREAS, Bidders are required to furnish a form of Bidder’s security with their Bids.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)

(“Surety”), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the IWA in the penal sum of

Dollars ($ ), being not less than ten percent (10%) of the total Bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded the Contract for the Work by the IWA and, within the time and in the manner required by the bidding specifications, enters into the written form of Contract included with the bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials), and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

In case suit is brought upon this instrument, Surety further agrees to pay all court costs incurred by the IWA in the suit and reasonable attorneys’ fees in an amount fixed by the court. Surety hereby waives the provisions of Civil Code Section 2845.

IND-PSA rev20220901

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

By:

Its:

“Surety”

Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

NONCOLLUSION DECLARATION FORM

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

[Public Contract Code Section 7106]

The undersigned declares:

I am the ______________________ of ____________________, the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.

The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. 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, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

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 ___________ [date], at ___________________________________________ [IWA], ______________________ [state].

Signature:

Printed Name:

Date:

Signature:

Printed Name:

Date:

IRAN CONTRACTING ACT CERTIFICATION

[Public Contract Code Section 2200 et seq.]

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

The Contractor is not:

(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or

(2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.

Name of Bidder:

Signature:

Printed Name:

Title:

Date:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of…