INVITATION FOR BID

2026-IFB-052

CALIFORNIA VILLAS POOL IMPROVEMENT PROJECT

City of Palm Desert

73-510 Fred Waring Drive

Palm Desert, CA 92260

RELEASE DATE: August 21, 2026

DEADLINE FOR QUESTIONS: September 8, 2026

RESPONSE DEADLINE: September 21, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Palm Desert

INVITATION FOR BID

California Villas Pool Improvement Project

1. INTRODUCTION

2. NOTICE INVITING BIDS

3. INSTRUCTIONS TO BIDDERS

4. SCOPE OF WORK

5. GENERAL CONDITIONS

6. BID FORMS

7. BID SCHEDULE

8. CONTRACT FOR CONSTRUCTION & BOND FORMS

9. PROTESTS

Attachments:

A - SAMPLE Contract

B - Bid Bond

C - CDBG General Conditions City of Palm Desert

D - Wage Determination- California Villas Pool Project

E - Construction Waste Diversion Program

F - CA Villas Pool Area Site Map

Invitation For Bid #2026-IFB-052 Title: California Villas Pool Improvement Project

1. INTRODUCTION

1.1. Summary

The Palm Desert Housing Authority, ("Authority") invites and will receive sealed Bids for the furnishing of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for California Villas Pool Improvement Project, Project No. CHA00016 (the “Project”). The scope of work consists of full removal of existing pool and spa plaster finish; surface preparation, bond coat application, and installation of new plaster finish; waterline tile cleaning and restoration; installation of three LED’s pool/spa lights; application of brick clay coping sealer to protect and extend lifespan of coping;

repair and repaint pool/spa deck surface ("Work"). All Work shall be performed in accordance with industry standards and safety regulations.

1.2. Background

The City Council of the City of Palm Desert ("City Council") has determined that there is a need for a housing authority within City limits. Consequently, the Authority was established. The Authority is a public agency functioning as a separate legal entity from the City of Palm Desert ("City") whose objective is to serve and promote the welfare of its residents. The members of the City Council constitutes the governing body of the Authority, which is known as the "Authority Board". The Authority Board meets every second and fourth Thursdays of the month at Palm Desert City Hall, which is located at 73-510

Fred Waring Drive.

The Authority owns 15 affordable housing properties in the City of Palm Desert which amounts to 1,114 units. The properties are managed by a contracted property management group which is responsible for the day-to-day operations of the properties.

The City is a charter city in the State of California and was incorporated in 1973. The City is a thriving community of approximately 50,000 full-time and 32,000 seasonal residents. It is located in the

Coachella Valley in eastern Riverside County, the City is part of the low desert region of Southern

California. The City features big-city resources in a friendly, small-town setting, offering first class educational opportunities, as well as safe and clean streets, in addition to plentiful shopping and community events. Palm Desert is considered the geographical, educational and retail center of the

Coachella Valley.

1.3. Contact Information

Project Contact:

Alex Vasquez

Project Manager

73510 Fred Waring Drive

Palm Desert, CA 92260

Email: avasquez@palmdesert.gov

Phone: (760) 776-6476 mailto:avasquez@palmdesert.gov tel:(760)776-6476

Procurement Contact:

Celina Cabrera

Senior Management Analyst

73510 Fred Waring Dr

Palm Desert, CA 92260

Email: ccabrera@palmdesert.gov

Phone: (760) 776-6449

Department:

CP - Capital Improvement Projects

1.4. Timeline

Release Project Date August 21, 2026

Pre-Proposal Meeting (Non-Mandatory) September 1, 2026, 9:00am

California Villas- 77107 California Drive, Palm

Desert, CA 92211

Question Submission Deadline September 8, 2026, 2:00pm

Question Response Deadline September 10, 2026, 5:00pm

Bid Submission Deadline September 21, 2026, 2:00pm

2. NOTICE INVITING BIDS

2.1. NOTICE

NOTICE IS HEREBY GIVEN that the Palm Desert Housing Authority ("Authority"), a public agency, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260 invites and will receive sealed Bids up to but not later than 2:00 pm on

Monday, September 21, 2026 through the City of Palm Desert’s (“City”) online bid management system

(“OpenGov Procurement”), for furnishing to the Authority of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for California Villas Pool

Improvement Project (the “Project”). After said time, Bids will be publicly posted on OpenGov

Procurement. Bids received after said time will not be accepted. Bids shall be valid for a period of 90 calendar days after the Bid opening date.

2.2. PROJECT DESCRIPTION

The scope of work consists of full removal of existing pool and spa plaster finish; surface preparation, bond coat application, and installation of new plaster finish; waterline tile cleaning and restoration;

mailto:ccabrera@palmdesert.gov tel:(760)776-6449 installation of three LED’s pool/spa lights; application of brick clay coping sealer to protect and extend lifespan of coping; repair and repaint pool/spa deck surface ("Work"). All Work shall be performed in accordance with industry standards and safety regulations.

Engineer's Estimate: 50,000

2.3. TIME FOR COMPLETION

Time is of the essence in the performance of the Work. The Work shall commence on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract

Documents within 30 of the Notice to Proceed commencement date.

2.4. SUBMITTAL INSTRUCTIONS

Bids must be submitted on Authority’s Bid Forms. Bidders may obtain a copy of the Contract Documents on OpenGov Procurement. Registration and Bid submittal can be completed by visiting https://secure.procurenow.com/portal/cityofpalmdesert. To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, Authority shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.

It is the responsibility of each prospective Bidder to download and print all Contract Documents for review and to verify the completeness of Contract Documents before submitting a bid. Any Addenda will be posted on OpenGov Procurement. It is the responsibility of each prospective Bidder to check

OpenGov Procurement on a daily basis through the close of Bids for any applicable Addenda or updates.

Authority does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Contract Documents. Information on

OpenGov Procurement may change without notice to prospective Bidders. The Contract Documents shall supersede any information posted or transmitted by OpenGov Procurement.

Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the Authority, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to Palm Desert Housing Authority to guarantee the Bidder will enter into a Contract with the City.

2.5. PRE-BID MEETING

A non-mandatory pre-bid meeting will be held on August 27, 2026 at 9:00am. Location will be at the pool site located at California Villas, address is 77107 California Drive, Palm Desert, CA 92211.

2.6. ADDITIONAL INSTRUCTIONS

The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material

Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of

California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

https://secure.procurenow.com/portal/cityofpalmdesert

Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by Authority to ensure its performance under the

Contract.

Pursuant to Labor Code Section 1773, Authority has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Riverside County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at:

www.dir.ca.gov/dlsr/

In addition, a copy of the prevailing rate of per diem wages is available at the Authority and shall be made available to interested parties upon request. The successful Bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the

Department of Industrial Relations. No Bid will be accepted, nor any Contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

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

Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.

Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the Contract: Class C-53, Swimming Pool

Contractor .

Substitution requests shall be made within 35 calendar days after the award of the Contract. Pursuant to

Public Contract Code Section 3400(b), Authority may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Contract

Documents be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special

Conditions.

The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-

Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in

California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section http://www.dir.ca.gov/dlsr/

2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of

Bidder’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.

2.7. AWARD

Authority shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by Authority from the Base Bid alone. Authority reserves the right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the bidding process.

The Authority is committed to inclusion and diversity and welcomes Bids from contractors of all faiths, creeds, ancestries, and ethnicities without regard to disability, gender identity, sexual orientation, or immigration status. The Authority condemns and will not tolerate prejudice, racism, bigotry, hatred, bullying, or violence towards any group within or outside of our community.

3. INSTRUCTIONS TO BIDDERS

3.1. OBTAINING AND REVIEWING CONTRACT DOCUMENTS

Contract Documents are available through OpenGov Procurement as specified in the Notice Inviting

Bids. Bids must be submitted through OpenGov Procurement using the Bid Forms included in the

Contract Documents.

Contract Documents may also be available for review at designated plan rooms. Review of the Contract

Documents at a plan room does not replace the requirement to register for the Project through

OpenGov Procurement. All Bidders must register through OpenGov Procurement to receive Project notifications and Addenda and to submit a Bid.

3.2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the

Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the Contract.

Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein and made part of the Contract Documents. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required.

Bidders are responsible for consulting the standards referenced in the Contract Documents.

The failure or omission of any Bidder to receive or examine the Contract Documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the Contract and no relief for error or omission will be given except as required under state law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Section.

3.3. QUESTIONS, CLARIFICATIONS, AND INTERPRETATION OF CONTRACT

DOCUMENTS

All questions, requests for clarification, and requests for interpretation of the Contract Documents, whether administrative or technical, must be submitted in writing through the Q&A tab in OpenGov

Procurement no later than Tuesday, September 8, 2026 before 2:00 pm.

Any interpretation, clarification, correction, or modification of the Contract Documents will be issued only in writing through an Addendum posted in OpenGov Procurement. Oral statements, explanations, or interpretations shall not modify the Contract Documents and shall not be relied upon by Bidders.

Bidders who identify an apparent error, conflict, discrepancy, or omission in the Contract Documents shall promptly notify the Authority through the OpenGov Procurement Q&A process.

During the bidding period, Bidders shall not contact members of the Authority regarding this procurement except through the communication process identified herein. Unauthorized communications may result in disqualification.

3.4. ADDENDA

The Authority reserves the right to revise the Contract Documents prior to the Bid opening date. Revisions, if any, shall be made by written Addenda. All Addenda issued by the Authority shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the

Authority issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the Authority will extend the deadline for submission of Bids. The

Authority may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective Bidder shall register with the Authority through OpenGov

Procurement. Addenda will be published on OpenGov Procurement. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should visit OpenGov

Procurement to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall acknowledge any/all addenda published for this project electronically on OpenGov Procurement.

Failure to acknowledge all Addenda may be sufficient cause for rejecting the Bid.

3.5. ALTERNATE BIDS

If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The Authority may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each Bidder must ensure that each Bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the Bidder.

3.6. PREPARATION AND COMPLETION OF BID FORMS

Bids shall be prepared using the Bid Forms included in the Contract Documents and submitted in accordance with the Instructions to Bidders. Bidders shall complete all required fields, including inserting

"N/A" where applicable, and shall not delete, modify, supplement, or otherwise alter the printed language of the Bid Forms except where information is specifically requested.

Bid Forms completed electronically shall be completed and submitted through OpenGov Procurement as required. Any Bid Form that is completed manually, including an original paper Bid Bond Form submitted in lieu of an electronic Bid Bond through Surety2000, shall be completed legibly in black or blue ink, indelible pencil, or by typewriter. Any interlineation, alteration, or erasure on a manually completed Bid

Form shall be initialed by the person executing the Bid.

Bids shall be executed by an authorized signatory as provided in these Instructions to Bidders.

Unauthorized alterations, substitutions, qualifications, or deviations from the Bid Forms may result in the

Bid being deemed nonresponsive. Failure to submit a required Bid Form may render the Bid nonresponsive.

The Bid Schedule shall be completed electronically through OpenGov Procurement. Bidders must enter pricing for every applicable Bid item. OpenGov Procurement will calculate the applicable total(s), and the completed Bid Schedule will be incorporated into the Contract Documents. Failure to submit the Bid

Schedule or provide required pricing may render the Bid nonresponsive.

The cost of any Work required by the Contract Documents but not specifically identified as a separate Pay

Item shall be included in the applicable Bid item(s), and no additional compensation shall be due solely because such Work was not separately identified. Estimated quantities for unit-price items are provided solely for purposes of Bid comparison and do not constitute a representation that actual quantities will equal the estimates.

3.7. CONDITIONAL OR QUALIFIED BIDS

Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents.

Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon.

3.8. SUBCONTRACTORS

Bidder shall set forth the name, address of the place of business, contractor license number, and public works contractor registration number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the Contract Documents in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with

Public Contract Code Section 4104. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. Substitution of listed subcontractors shall only be permitted in accordance with Public

Contract Code Section 4107.

3.9. LICENSING REQUIREMENTS

Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all

Bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted.

At the time of Bid submission and throughout performance of the Contract, the Bidder shall possess a valid Class C-53, Swimming Pool Contractor license issued by the California Contractors State License

Board. Each subcontractor shall possess the license classification required for the portion of Work it will perform.

Pursuant to Business and Professions Code Section 7028.5, a Bid submitted by a Bidder that does not possess the required license at the time required by law may be rejected as nonresponsive. Upon request, the Bidder shall provide evidence satisfactory to the Authority of its license and the licenses of its subcontractors.

3.10. BID SECURITY

Each Bid shall be accompanied by either: (a) cash; (b) cashier’s check made payable to Palm Desert

Housing Authority; or (c) a Bid Bond secured from a surety company satisfactory to the Authority, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to Palm

Desert Housing Authority to guarantee the Bidder will enter into a Contract with the Authority.

The Authority accepts two types of Bid Bonds, either an original paper bid bond or an electronic bid bond through Surety2000 via OpenGov Procurement. If a Bidder is submitting cash, cashier’s check, or an original paper bid bond, Bidder shall deliver the Bid Guarantee in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City

Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline of 2:00 pm on Monday, September 21, 2026. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) Days after the Authority provides the successful Bidder the Notice of

Award, the successful Bidder will enter into a Contract and provide the necessary bonds and certificates of insurance.

The Bid Guarantee will be declared forfeited if the successful Bidder fails to comply within said time, and the Authority may enter into a Contract with the next lowest responsive responsible bidder or may call for new Bids. No interest shall be paid on funds deposited with the Authority.

IMPORTANT: If Bid Security is provided by cash, cashier's check, or original paper Bid Bond, it must be received by the City Clerk's Office before the Bid submission deadline. Uploading a copy to OpenGov does not satisfy this requirement.

3.11. IRAN CONTRACTING ACT OF 2010

In accordance with Public Contract Code Section 2200 et seq., the Authority requires that any person that submits a Bid with the Authority of one million dollars ($1,000,000) or more, certify at the time the Bid is submitted that the person is not identified on a list created pursuant to subdivision (b) of Public Contract

Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of

Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code

Section 2202.5, as applicable.

The form of such Iran Contracting Certificate is included with the Bid Forms and must be signed and dated under penalty of perjury.

3.12. NON-COLLUSION DECLARATION

Bidders on all public works contracts are required to submit a declaration of non-collusion with their Bid.

This form is included with the Bid Forms and must be signed and dated under penalty of perjury.

3.13. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the

Department of Industrial Relations. No Bid will be accepted, nor any Contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor DIR Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.

3.14. BIDDER INFORMATION AND EXPERIENCE FORM

Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The Authority reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the Authority that the Bidder is qualified to properly carry out the terms of the Contract.

3.15. WORKERS' COMPENSATION CERTIFICATION

In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the Authority a Workers' Compensation

Certificate prior to performing the work under this Contract. The form of such Workers' Compensation

Certificate is included as part of the Bid Forms.

3.16. AUTHENTICATION OF BIDS

All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of

Attorney evidencing the capacity of the person submitting the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint ventures or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint ventures or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint ventures or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint ventures or partner on behalf of the joint venture or partnership in its legal name.

3.17. SUBMISSION OF BIDS

Bids shall be submitted electronically through OpenGov Procurement. Unless otherwise specified herein, the Bid Forms shall be submitted through OpenGov Procurement. No other method of submitting Bids will be accepted. Bidders may not submit Bids by fax, email, telephone, mail, or other means; any Bids received through any means other than OpenGov Procurement will be returned unopened.

It is the responsibility solely of Bidder to see that its Bid is properly submitted to OpenGov Procurement in proper form and prior to the stated closing time. THE ELECTRONIC BID MANAGEMENT SYSTEM WILL

NOT ACCEPT LATE BIDS. Authority will only consider Bids that have transmitted successfully before the deadline. Bidders will receive an automated email indicating that the Bid was submitted successfully.

Bidders shall be solely responsible for informing themselves with respect to the proper utilization of the online bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Bidder to successfully submit an electronic Bid shall be at the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted Bids.

Bidders experiencing any technical difficulties with the Bid submission process may refer to this vendor guide or contact OpenGov Procurement Support using the real time chat function in the platform or at support@procurenow.com. If you continue to have difficulty, please contact Celina Cabrera at (760) 776-

6449. Neither the Authority nor OpenGov Procurement make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the Bid submission date and/or time.

3.18. OPENING OF BIDS

At the time set for the opening, or any time thereafter, each and every Bid received prior to the time and day set for the receipt of Bids will be opened and posted on OpenGov Procurement. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.

The public posting of each Bid will include the following information:

1. The name and business location of the Bidder.

2. The Bid amounts.

The Authority may, in its sole discretion, elect to postpone the opening of the submitted Bids. The

Authority reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.

http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training

3.19. WITHDRAWAL OF BID

Any Bid may be withdrawn through OpenGov Procurement, incurring no penalty, at any time prior to the scheduled closing time for receipt of Bids. Withdrawn Bids may be resubmitted until the time and day set for the receipt of Bids, provided that resubmitted Bids are in conformance with the instructions herein.

Bids may be withdrawn after Bid opening only by providing written notice to the City Clerk’s office within five (5) working days of the Bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the Authority.

3.20. BIDDERS INTERESTED IN MORE THAN ONE BID

No Bidder shall be allowed to make, file or be interested in more than one Bid for the same work unless alternate Bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal 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 simultaneously submitting its own Bid as a prime contractor.

3.21. SELF-PERFORMANCE

The successful Bidder will be required to perform, with its own organization, at least 50 percent of the

Work making up the Contract Price, except that any items designated as “Specialty Items” may be performed by subcontract. The amount of said “Specialty Items” will be deducted from the Contract

Price before computing the amount required to be performed by the successful Bidder’s own forces.

Where only a portion of a Specialty Item is conducted by subcontract, only the portion that is subcontracted, based on the unit price, will be subtracted from the Contract Price.

3.22. SUBSTITUTION OF SECURITY

The Contract Documents call for monthly progress payments for the Work completed. The Authority will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the Authority will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

3.23. PREVAILING WAGES

The Authority has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the Authority or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

3.24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any http://www.dir.ca.gov/ public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the Authority. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

3.25. INSURANCE REQUIREMENTS

Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the

Contract.

3.26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS

The successful Bidder will be required to furnish a Labor and Material Payment Bond and a Faithful

Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California.

Each bond shall be accompanied, upon the request of the Authority, with all documents required by

California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to the Authority within ten (10) Days from the date the

Authority provides the successful bidder with the Notice of Award.

3.27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES

Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents.

3.28. COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD REGULATION

The Authority is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported

Compliance (“CRC”) for the Bidder’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Bidder must additionally complete and submit the Fleet

Compliance Certification, included in the Bid Documents. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the

Bid non-responsive.

3.29. BASIS OF AWARD; BALANCED BID

The Authority shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The lowest Bid will be determined on the basis of the Total Bid Price.

The Authority may reject any Bid which, in its opinion when compared to other Bids received or to the

Authority’s internal estimates, does not accurately reflect the cost to perform the Work. The Authority may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

3.30. AWARD PROCESS

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the

Authority Board may award the Contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Authority notifies the Bidder of the award, the Bidder will have ten (10) days from the date of this notification to execute the Contract and supply the Authority with all of the required documents and certifications. Once the Authority receives all of the properly drafted and executed documents and certifications from the Bidder, the Authority will issue a Notice to Proceed to that Bidder.

If the successful Bidder fails to timely execute the Contract or provide the required bonds, insurance, or other post-award documentation, the Authority may rescind the award, declare the Bid Security forfeited as permitted by law, and consider award to the next lowest responsive and responsible Bidder, or take any other action permitted by the Contract Documents and applicable law.

3.31. EXECUTION OF CONTRACT

As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The Authority may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Contract Documents and shall not be detached.

3.32. CONSTRUCTION WASTE DIVERSION REQUIREMENTS

The successful Bidder shall comply with the Construction Waste Diversion Program included in the

Attachments. The required plan shall be submitted in connection with the Building Permit process and must be approved or otherwise in place, as applicable, before commencement of Work.

4. SCOPE OF WORK

4.1. Project Location

California Villas- 77107 California Drive, Palm Desert, CA 92211

4.2. Scope Overview

The Scope of Work includes furnishing all labor, materials, equipment, permits, inspections, supervision, transportation, and incidentals necessary to complete improvements to the existing commercial swimming pool and spa facilities. Work generally includes draining and preparation of existing pool and spa vessels; demolition and disposal of deteriorated materials; substrate repairs; installation of new interior plaster finish; replacement of damaged tile; completion of identified code compliance upgrades;

startup and chemical balancing; restoration of disturbed areas; and obtaining all required final approvals for return to operation.

4.3. Existing Conditions

Contractor shall field verify existing conditions and dimensions prior to construction. Existing improvements shall be protected from damage and restored if disturbed.

4.4. Demolition and Surface Preparation

• Drain pool and spa facilities,

• Remove loose, deteriorated, or delaminated materials,

• Prepare substrate,

• Complete crack and patch repairs,

• Sound existing cool deck shall remain in place,

• Apply the specified deck coating uniformly over the entire pool deck to provide a consistent appearance and finish,

• Dispose of debris off-site in accordance with applicable regulations,

• Complete attached Construction Management Plan

4.5. Interior Finish / Plaster

Provide and install new plaster finish in accordance with manufacturer requirements and approved plans. Finish shall be uniform and free of visible defects.

4.6. Tile Replacement

Replace damaged or deteriorated tile as identified in the Contract Documents or as approved by the

City. Replacement materials shall match existing unless otherwise approved.

4.7. Code Compliance Upgrades

Complete only those code-related improvements identified through approved plans, permit conditions, and regulatory review. Coordinate with Environmental Health and City of Palm Desert Building & Safety.

4.8. Startup and Commissioning

Necessary to return the facility to operational condition. Provide startup documentation and balancing records.

4.9. Permits and Coordination

Obtain permits, approvals, inspections, and agency coordination required for completion. Schedule and pass required inspections and obtain final approvals.

The Contractor shall obtain all required permits and plan approvals, coordinate with the local

Environmental Health Department, comply with California Title 24, Chapter 31B, maintain site safety and public protection barriers, protect existing improvements from damage, provide properly licensed and insured personnel, and schedule all required inspections.

4.10. Site Protection

Maintain site safety, barriers, dust control, and public protection measures throughout construction and protect existing improvements from damage.

Damaged improvement and/or landscaping shall be protected. Any damaged shall be replaced by

Contractor.

4.11. Closeout

Provide warranties, inspection approvals, startup documentation, and other closeout materials required by the Contract Documents.

Refer to Contract Documents for detailed technical specifications, project requirements, and performance standards.

5. GENERAL CONDITIONS

5.1. TERMS; DEFINITIONS

1. Defined Terms

A. Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified sections and paragraphs, and the titles of other documents or forms.

I. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.

II. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.

III. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the Engineer determines that it is not covered by the Contract.

IV. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.

V. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.

VI. Bid Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by the

Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written contract.

VII. Bidder -- The individual or entity who submits a Bid directly to the Authority.

VIII. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.

IX. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or

Request for Change (“RFC”).

X. Authority’s Representative – The Palm Desert Housing Authority, and acting through properly authorized agents, such as the Engineer or such other agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the

“Authority’s Representative” or “Representative” in the Contract Documents. The terms the Authority and Owner may be used interchangeably.

XI. Claim -- A demand or assertion by the Authority or Contractor seeking an adjustment of

Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

XII. Contract -- The entire integrated written agreement between the Authority and

Contractor concerning the Work. “Contract” may be used interchangeably with

“Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract

Documents.

XIII. Contract Documents -- The documents listed in the Contract for Construction. Some documents provided by the Authority to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract

Documents.

XIV. Contract Price -- Amount to be paid by the Authority to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents and including all applicable taxes and costs.

XV. Contract Time -- The number of Days or the dates stated in the Contract Documents to achieve defined milestones, if any; and to complete the Work so that it is ready for final payment.

XVI. Contractor -- The individual or entity with which the Authority has contracted for performance of the Work.

XVII. Contractor’s Designated On-Site Representative -- The Contractor’s Designated

On-Site Representative will be identified by the Contractor and shall not be changed without prior written consent of the Authority.

XVIII. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical

Supply Shortage.

XIX. Day -- A calendar day of 24 hours measured from midnight to the next midnight.

XX. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents.

XXI. Demobilization -- The complete dismantling and removal by the Contractor of all of the

Contractor’s temporary facilities, equipment, and personnel at the Site.

XXII. Drawings -- That part of the Contract Documents prepared by of the Engineer of

Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor Submittals are not

Drawings as so defined.

XXIII. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the

Contract is signed and delivered by the last of the two parties to sign and deliver.

XXIV. Engineer -- Whenever not qualified, shall mean the City Engineer or the

Engineer authorized to act for and in behalf of the Authority, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them.

XXV. Force Majeure Event -- An event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the

Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of

Contractor and its Subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage.

For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency…