Port Hueneme Water Agency

250 N. Ventura Road Port Hueneme, CA 93041

NOTICE TO BIDDERS, BID, CONTRACT,

GENERAL CONDITIONS AND SPECIFICATIONS

For

DESALTER IMPROVEMENTS – BAG FILTRATION SYSTEM

REPLACEMENT

PROJECT NO. WA2504

OCTOBER 23RD 2026

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City Project No(s).: WA2504

The Specifications contained herein have been prepared by, or under the direct supervision of, the following Registered Professional Engineer:

PREPARED BY: ______________________________________

STEFANOS G. WORD, PE DATE

PROJECT ENGINEER

MKN & ASSOCIATES

APPROVED FOR

CONSTRUCTION: _______________________________________

CHARLES CABLE, PE DATE

CITY ENGINEER

PUBLIC WORKS DEPARTMENT

CITY OF PORT HUENEME

October 23rd, 2026

October 23rd, 2026

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TABLE OF CONTENTS

Page

-i-

NOTICE INVITING BIDS

INSTRUCTIONS TO BIDDERS

BID FORMS

BIDDERS CHECKLIST

BID

CONTRACTOR’S CERTIFICATE REGARDING WORKERS’

COMPENSATION

BID BOND

DESIGNATION OF SUBCONTRACTORS

INFORMATION REQUIRED OF BIDDERS

NON-COLLUSION DECLARATION

IRAN CONTRACTING ACT CERTIFICATION

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

CONTRACT FOR CONSTRUCTION

PERFORMANCE BOND

PAYMENT BOND (LABOR AND MATERIALS)

GENERAL PROVISIONS

CONTRACT FORMS

NOTICE OF INTENDED AWARD

NOTICE OF AWARD

NOTICE TO PROCEED

WORK DIRECTIVE

CHANGE ORDER

COST PROPOSAL COST BREAKDOWN

RFI COVER SHEET

SUBMITTAL COVER SHEET

NOTICE OF COMPLETION

SPECIAL PROVISIONS

APPENDICES

PLANS AND DRAWINGS

NOTICE INVITING BIDS

FOR

DESALTER IMPROVEMENTS – BAG FILTRATION SYSTEM REPLACEMENT

City Project No. WA2504

The Port Hueneme Water Agency (“Agency”) will receive sealed bids, electronically, for the DESALTER IMPROVEMENTS – BAG FILTRATION SYSTEM REPLACEMENT (Project No. WA2504) project at the following web addresses, https://www.ci.port-hueneme.ca.us/Bids.aspx and https://www.beaconbid.com/solicitations/port-hueneme-public-works/open no later than Tuesday, November 17th, 2026 at 2:00 PM. at which time or thereafter bids will be opened and read aloud. All associated documents, including bonding information, shall be hand-delivered to the City Clerk or Received by Mail by the deadline. Bids submitted electronically or after the deadline will not be considered. Bids shall be valid for sixty (60) calendar days after the bid opening date.

Bids must be submitted on the Agency’s Bid Forms. Bids shall be sealed, clearly labeled with the following information, and hand-delivered or mailed to the following address:

Port Hueneme Water Agency Attn: City Clerk Bid Documents for Project WA2504 [Bid Proposer Company’s Name] 250 N. Ventura Road Port Hueneme, CA 93041

Bids shall be opened and read aloud on Tuesday, November 17th, 2026 at 2:00 PM at the City Hall located at 250 N. Ventura Road, Port Hueneme, CA 93041. Bidders may attend the opening.

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. Work includes work necessary to furnish all labor, materials and equipment necessary to install pretreatment improvements to the existing Port Hueneme Water Agency Brackish Water Reclamation Demonstration Facility. The full scope of work is 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 City Engineer.

The Project is located at the Port Hueneme Water Agency Water Treatment Plant at 5751 Perkins Road, Oxnard, CA 93033.

https://url.avanan.click/v2/___https:/www.ci.port-hueneme.ca.us/Bids.aspx___.YXAzOm1rbmFzc29jaWF0ZXM6YTpvOjNlMGI1NzNlM2I1M2Q0NmJmM2QyNmVkNDJiMDRhNGU2OjY6N2NkMDozMGUzM2E1ZDY0MWEzYTI5ODIxMWMzOWU0YzNhNTYxYzM2MTlmNzVjN2E5MTI4NDU5ZDFjMzEwZjg4NDU0MzRkOnA6RjpO https://url.avanan.click/v2/___https:/www.ci.port-hueneme.ca.us/Bids.aspx___.YXAzOm1rbmFzc29jaWF0ZXM6YTpvOjNlMGI1NzNlM2I1M2Q0NmJmM2QyNmVkNDJiMDRhNGU2OjY6N2NkMDozMGUzM2E1ZDY0MWEzYTI5ODIxMWMzOWU0YzNhNTYxYzM2MTlmNzVjN2E5MTI4NDU5ZDFjMzEwZjg4NDU0MzRkOnA6RjpO https://url.avanan.click/v2/___https:/www.beaconbid.com/solicitations/port-hueneme-public-works/open___.YXAzOm1rbmFzc29jaWF0ZXM6YTpvOjNlMGI1NzNlM2I1M2Q0NmJmM2QyNmVkNDJiMDRhNGU2OjY6NDMxMzo5ZTczYmU0ODgwODdhNDZmZDQyOGYxNTZjYzEwODFmYzE0OTZkZTNjNGE2Nzg1YTMyYzZkMGRhY2UzZDRjOGVmOnA6RjpO https://url.avanan.click/v2/___https:/www.beaconbid.com/solicitations/port-hueneme-public-works/open___.YXAzOm1rbmFzc29jaWF0ZXM6YTpvOjNlMGI1NzNlM2I1M2Q0NmJmM2QyNmVkNDJiMDRhNGU2OjY6NDMxMzo5ZTczYmU0ODgwODdhNDZmZDQyOGYxNTZjYzEwODFmYzE0OTZkZTNjNGE2Nzg1YTMyYzZkMGRhY2UzZDRjOGVmOnA6RjpO

The Contract Documents may be downloaded at no charge. The City’s website https://www.ci.port-hueneme.ca.us/Bids.aspx or https://www.beaconbid.com/solicitations/port-hueneme-public-works/open and will be used to notify prospective bidders of addenda to the Contract Documents and will be the sole means of providing such notification.

To the extent required by Section 20103.7 of the Public Contract Code, upon request, the Agency’s shall provide an electronic copy of the Contract Documents at no charge to a contractor.

Bids must be accompanied by a Bid Bond on the form included in the Contract Documents, cash, or a certified or cashier’s check in an amount not less than ten percent (10%) of the submitted Total Bid Price. Special arrangements must be made by prospective bidders, in advance, should a bid be accompanied by cash, certified check or cashier’s check by contacting the City Clerk’s Department at (805) 986-6503 or Email:

GAlvarez@CityofPortHueneme.org no less than seven (7) days in advance of bid submission deadline.

Mandatory Pre-Bid Job Walk

A mandatory pre-bid job walk will be conducted on Wednesday, November 4th, 2026 at 11:30 AM at . Attendance by a representative of each prospective bidder is required as a condition of bid responsiveness.

The purpose of the job walk is to familiarize bidders with the project site, existing conditions, access constraints, and the scope of work. Bidders who do not attend the entire mandatory pre-bid job walk and sign the attendance roster will be deemed non-responsive and their bids will not be considered.

No separate or individual site visits will be accepted in lieu of attendance at the mandatory pre-bid job walk. Information presented during the job walk is for informational purposes only. Any changes, interpretations, clarifications, or modifications to the bidding documents shall be made only by written addendum issued by the Owner.

Bidders are responsible for examining the site and becoming fully informed regarding all conditions that may affect the cost, performance, or completion of the Work.

Only bidders appearing on the attendance sign-in sheet maintained by the Owner at the mandatory pre-bid job walk shall be eligible to submit a bid for this Project.

The successful bidder will be required to furnish the Agency with requisite insurance and Payment and Performance Bonds on the forms included in the contract documents equal to 100% of the Contract Price.

https://url.avanan.click/v2/___https:/www.ci.port-hueneme.ca.us/Bids.aspx___.YXAzOm1rbmFzc29jaWF0ZXM6YTpvOjNlMGI1NzNlM2I1M2Q0NmJmM2QyNmVkNDJiMDRhNGU2OjY6N2NkMDozMGUzM2E1ZDY0MWEzYTI5ODIxMWMzOWU0YzNhNTYxYzM2MTlmNzVjN2E5MTI4NDU5ZDFjMzEwZjg4NDU0MzRkOnA6RjpO https://url.avanan.click/v2/___https:/www.beaconbid.com/solicitations/port-hueneme-public-works/open___.YXAzOm1rbmFzc29jaWF0ZXM6YTpvOjNlMGI1NzNlM2I1M2Q0NmJmM2QyNmVkNDJiMDRhNGU2OjY6NDMxMzo5ZTczYmU0ODgwODdhNDZmZDQyOGYxNTZjYzEwODFmYzE0OTZkZTNjNGE2Nzg1YTMyYzZkMGRhY2UzZDRjOGVmOnA6RjpO mailto:GAlvarez@CityofPortHueneme.org

Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by Agency to ensure its performance under the Contract.

PREVAILING WAGES. In accordance with the State of California 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 State 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.

Pursuant to State of CA 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 CA Department of Industrial Relations.

No bid will be accepted nor any contract entered into without proof of the bidder’s and subcontractors’ current registration with the CA Department of Industrial Relations.

Within five working days of the bid opening, the bidder shall submit a valid DIR number.

Failure to do so will deem the bid non-responsive. This Project will be subject to compliance monitoring and enforcement by the CA Department of Industrial Relations. If awarded a Contract, the Bidder and its subcontractors of every tier shall maintain active registration with the CA Department of Industrial Relations for the duration of the Project.

It shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements.

Each bidder shall be a licensed contractor pursuant to the California Business and Professions Code and shall be licensed in the following classification(s) of contractor’s license(s), throughout the duration of the Contract: CLASS A General Engineering Contractor.

LIQUIDATED DAMAGES. The successful bidder will be required to complete all work within 112 working days from the commencement date stated in the Notice to Proceed.

In accordance with Government Code section 53069.85, Agency will be compensated for damages incurred due to delays for which the Contractor is responsible. The parties agree that determining Agency’s exact delay damages is and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time agreed upon for completion of the work, the Contractor shall pay to the Agency $1,500.00 per day, as liquidated damages and not as a penalty or forfeiture. Such amount shall constitute the only payment allowed for damages resulting from Contractor caused delays. The Agency shall have the right to deduct the amount of liquidated damages from any money due or that may become due under the Contract.

Consistent with California Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to delays for which the Agency is responsible.

The parties agree that determining Contractor’s exact delay damages is and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time agreed upon for completion of the work, the Agency shall pay to the Contractor $500.00 per day, as reverse liquidated damages and not as a penalty or forfeiture. Such amount shall constitute the only payment allowed for any Agency caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Notice of requests for delay damages and additional days shall be provided to the Agency within seven (7) days from the discovery of the circumstances giving rise to any delay or three (3) days from the discovery of any latent or subsurface conditions giving rise to a delay.

The calendar days specified above includes the City of Port Hueneme’s Holiday Closures which is the same as the Agency, as well as all legal holidays. Construction work is only authorized within the dates and times as listed in Section 01 11 00 Summary of Work.

Bidders shall note inspection is not available on holidays and weekends.

Award of Contract: The Agency shall award the Contract for the Work to the lowest responsive, responsible bidder as determined from the BASE BID specified by the Agency. The Agency reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

For further information, contact the Agency’s Project Manager Dennis Martinez, Water General Manager, City of Port Hueneme (805) 986-6566, dmartinez@cityofporthueneme.org

BY ORDER OF THE CITY OF PORT HUENEME

DATED THIS Wednesday, October 23rd, 2026

Georgianna Alvarez, City Clerk

Publish: Friday, October 23rd, 2026

INSTRUCTIONS TO BIDDERS

PORT HUENEME WATER AGENCY

1. AVAILABILITY OF CONTRACT DOCUMENTS

Bids shall be hand delivered or mailed to the City Clerk at the following address: 250 N.

Ventura Road Port Hueneme, CA 93041. Bids shall be sealed and clearly marked with the following information:

Port Hueneme Water Agency Attn: City Clerk Bid Documents for Project WA2504 [Bid Proposer Company’s Name] 250 N. Ventura Road Port Hueneme, CA 93041

Contract Documents may be downloaded or obtained from the Agency at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Any charge for the Contract Documents is stated in the Notice Inviting Bids. If requested, the Agency shall also make the Contract Documents available for review in electronic form at one or more plan rooms at no charge, as required by Public Contract Code section 20103.7.

In order to receive addenda, all bidders must register with the Agency in the manner stated in the Notice Inviting Bids. Prospective bidders who obtain a copy of the Contract Documents through a plan room or other means will still be required to register with the Agency to receive addenda.

2. EXAMINATION OF CONTRACT DOCUMENTS

Bidders shall be solely responsible for examining the Site and the Contract Documents, including any addenda issued during the bidding period, and for informing themselves with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract Documents. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

3. INTERPRETATION OF CONTRACT DOCUMENTS

Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the Agency by submission of a written request for an interpretation or correction to the

Agency. Such submission, if any, must be sent to the Water General Manager, Dennis Martinez, by emailing to dmartinez@ci.port-hueneme.ca.us. All questions must be received by Wednesday, November 11th, 2026 no later than 4:00 PM.

Any interpretation of the Contract Documents will be made only by written addenda duly issued and delivered to each person or firm who has obtained a set of Contract Documents and is registered with the Agency. The Agency will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation or modification of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation or modification.

Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.

4. INSPECTION OF SITE

Each prospective bidder is responsible for fully acquainting itself with the conditions of the Site (which may include more than one site as identified in the notice inviting bids), as well as those relating to the construction and labor of the Work, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Work, including transportation, handling and storage of materials, site access and easement considerations, and all other physical or environmental conditions at or near the project site.

Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the Agency and its contractors to appropriately manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number Order 2022-0057-DWQ (NPDES Permit No. CAS000002), and as amended by any subsequent amendment to or renewal thereof, Los Angeles Regional Water Quality Control Board Order No. R4-2025-0145, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. By submitting a Bid, each bidder acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom, and shall comply with all permits, orders, and all other requirements imposed by law.

5. ADDENDA

The Agency 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 Agency shall be included in the bid and made part of the Contract Documents. Pursuant to CA Public Contract Code Section 4104.5, if the Agency issues an Addendum which includes material changes to the Work less than 72 hours prior to the deadline for submission of bids, the Agency will extend the deadline for submission of bids. The mailto:dmartinez@ci.port-hueneme.ca.us

Agency may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date. Copies of addenda will only be furnished by posting to the City of Port Hueneme’s website. Please Note: Bidders are responsible for ensuring that they have received any and all addenda. To this end, each bidder should check the bid posting websites: https://www.ci.port-hueneme.ca.us/Bids.aspx or https://www.beaconbid.com/solicitations/port-hueneme-public-works/open before submitting their bid. All addenda (if any) will be posted to the bid posting websites no later than Friday, November 13th, 2026. Failure to acknowledge receipt of all addenda may result in bid rejection.

6. ALTERNATE BIDS

If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only unless otherwise specified in the Notice.

The time required for completion of the alternate bid items has been factored into the Contract Time and no additional time will be allowed for performing any of the alternate bid items, unless specifically noted in the alternate bid item. The Agency may elect to include one or more of the alternate bid items, or to otherwise remove certain Work from the 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.

7. COMPLETION OF BID FORMS

Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents and are provided herein. The use of substitute bid forms other than clear and correct photocopies of those provided by the Agency will not be permitted. Bids shall be executed by an authorized signatory with the appropriate authority to bind the bidder as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, OR A TYPEWRITER IS REQUIRED. Deviations in the bid form may result in the bid being deemed non-responsive.

8. MODIFICATIONS OF 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 neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

https://url.avanan.click/v2/___https:/www.ci.port-hueneme.ca.us/Bids.aspx___.YXAzOm1rbmFzc29jaWF0ZXM6YTpvOjNlMGI1NzNlM2I1M2Q0NmJmM2QyNmVkNDJiMDRhNGU2OjY6N2NkMDozMGUzM2E1ZDY0MWEzYTI5ODIxMWMzOWU0YzNhNTYxYzM2MTlmNzVjN2E5MTI4NDU5ZDFjMzEwZjg4NDU0MzRkOnA6RjpO https://url.avanan.click/v2/___https:/www.beaconbid.com/solicitations/port-hueneme-public-works/open___.YXAzOm1rbmFzc29jaWF0ZXM6YTpvOjNlMGI1NzNlM2I1M2Q0NmJmM2QyNmVkNDJiMDRhNGU2OjY6NDMxMzo5ZTczYmU0ODgwODdhNDZmZDQyOGYxNTZjYzEwODFmYzE0OTZkZTNjNGE2Nzg1YTMyYzZkMGRhY2UzZDRjOGVmOnA6RjpO

9. DESIGNATION OF SUBCONTRACTORS

Pursuant to State law, the Bidders must designate the name and location of each subcontractor who will perform work or render services to the Bidder in an amount that exceeds one-half of one percent (1/2%) of the Bidder’s Total Bid Price, or if work involves streets or highways, including bridges, an amount that exceeds one-half of one percent (1/2%) or $10,000, whichever is greater, as well as the portion of work each such subcontractor will perform on the form provided herein by the Agency. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form.

10. LICENSING REQUIREMENTS

Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. The Agency has determined that bidders must have a Class A license to be eligible for award of this Contract. Pursuant to Section 7028.5 of the CA Business and Professions Code, any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents shall be nonresponsive, and the Agency shall reject the Bid. The Agency shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to the Agency of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract. Please also note that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

11. SIGNING 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 signing the Bid to bind the Bidder to each Bid and to any Contract.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer 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 venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer 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 venturer or partner on behalf of the joint venture or partnership in its legal name.

12. BID SECURITY

Each bid shall be accompanied by: (a) a bid bond, in the form attached, payable to the Agency executed by the bidder as principal and surety as obligor; (b) a certified check made payable to the Agency; (c) a cashier’s check made payable to the Agency; or (d) cash, in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be admitted to transact surety business in the State of California, as defined in Code of Civil Procedure Section 995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the required payment and performance bonds and insurance certificates and endorsements as within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the full penal sum of bidder’s bid deposit or bond to the Agency and the Agency may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.

13. SUBMISSION OF SEALED BIDS

Pursuant to Public Contract Code sections 1600 and 1601, once the Bid and supporting documents have been completed and signed as set forth herein, they shall be submitted in hard copy, along with the Bid Security and other required materials at the following address and in the manner prescribed in the Notice Inviting Bids. Agency reserves the right to reject any bid not strictly complying with Agency’s designated methods of delivery.

14. DELIVERY AND OPENING OF BIDS

Bids will be received by the Agency by electronic transmission only at the web address shown in the Notice Inviting Bids up to the date and time shown therein. The Agency will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.

Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, virtually attend the opening of Bids as described in the Notice Inviting Bids. The Agency may in its sole discretion, elect to postpone the opening of the submitted Bids. Agency reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.

15. WITHDRAWAL OF BID

Prior to the original time set for bid opening, a Bid may be withdrawn by the Bidder through the electronic bidding platform. Any request to withdraw a bid after bid opening must be made in accordance with CA Public Contract Code section 5100 et seq. and must be submitted in writing, by email to the project manager listed in these Instructions, within five (5) working days, excluding Saturdays, Sundays and State holidays, specifying in detail how the mistake was made. The Agency may call the bid bond for withdrawing the bid after the bid opening.

16. BASIS OF AWARD; BALANCED BIDS

The Agency shall award the Contract to the lowest responsive and responsible Bidder that submits a responsive Bid. The Agency may reject any Bid which, in its opinion when compared to other bids received or to the Agency’s internal estimates, does not accurately reflect the cost to perform the Work. The Agency 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.

17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID

No bidder shall be allowed to make, submit or be interested in more than one bid.

However, a person, firm, corporation or other entity that has submitted a proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a proposal or quoting prices to other bidders submitting a bid to the Agency, nor shall such entity be disqualified if it is listed as a subcontractor on more than one bid submitted. No person, firm, corporation, or other entity may submit a proposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid for the Work.

18. INSURANCE REQUIREMENTS

The successful bidder shall procure and maintain insurance in the form and in the amount specified in the Contract Documents.

19. AWARD PROCESS

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the Board of the Agency or designee may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment (Labor and Materials) Bond; (3) the required insurance certificates and endorsements; and (4) an Initial Critical Path Method schedule in accordance with Article 6 of the General Conditions. The Payment Bond shall be 100% of the bid amount. Once the Agency notifies the Bidder of the award, the Bidder will have five (5) calendar days from the date of the award by Board to supply the Agency with all of the required bonds, evidence of insurance and other materials, after which the Agency will provide the Bidder with the contract, which must be countersigned via electronic signature by the Bidder within 3 business days.

20. BID PROTEST PROCEDURE

Submitted bids will be timely made available for review upon written request of any Bidder.

Any interested party may file a protest of a Bid in accordance with the following procedure:

A. The Agency will notify all bidders of an intended award or an intent to reject the bidder’s bid.

B. All protests must be filed in writing, by email with the project manager listed in these Instructions and Fred Camarillo, Public Works Director fcamarillo@cityofporthueneme.org within five 5 business days of the date on the notice of intended award or the notice of intent to reject.

C. All protests shall be in writing, state the grounds for the protest, state the facts relevant to the protest, and all evidentiary support to rebut adverse evidence that it or another bidder was either non-responsive or not responsible.

D. The City Manager or designee shall review the protest and issue a written decision on the protest. The City Manager or designee may base the decision on the written protest alone or may informally gather evidence. If the protested bid has a value of Two Hundred Thousand and no/100 Dollars ($200,000) or less the City Manager’s or designee’s decision shall be final.

E. If a bid is rejected on the grounds that the bidder is not a responsible bidder, the bidder may submit a protest. A hearing will be set by Board within a reasonable time to provide a decision before final approval of the selected low bid. If the protested bid has a value of Two Hundred Thousand and no/100 Dollars ($200,000) or less the City Manager’s or designee’s decision shall be final.

F. If the protested bid has a value exceeding Two Hundred Thousand and no/100 Dollars ($200,000) an appeal of the City Manager’s decision may be filed with the Board. All such appeals must be in writing and shall be filed with the City Clerk within five 5 business days from the date of the City Manager’s decision.

The procedure and time limits set forth in this paragraph are mandatory and are the sole and exclusive remedy in the event of Bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings.

mailto:fcamarillo@cityofporthueneme.org

21. WORKERS COMPENSATION

Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.

22. RETENTION AND SUBSTITUTION OF SECURITY

The Contract Documents call for monthly progress payments based upon quantities of unit price work performed. Unless otherwise specified in the Notice Inviting Bids, the Agency will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the Contractor may substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

23. PREVAILING WAGES

The Agency has obtained from the Director of the CA 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 on file and available at City Hall or may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

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 CA Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the Bidder’s and its subcontractors’ current registration with the CA Department of Industrial Relations. Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification, attesting to the facts contained therein. Failure to submit this Certification with the Bid may render the Bid non-responsive. Each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form. Contractor shall submit to the Agency alongside his bid, evidence of being registered with CA Department of Industrial Relations.

In accordance with CA Labor Code section 1773.3, the Agency will provide notice of the award to the CA Department of Industrial Relations on the Form PWC-100. The Bidder who is awarded the Contract shall submit to the Agency any information requested by the Agency to complete the form, including but not limited to identification of the worker classifications for the Bidder and all listed subcontractors, prior to the execution of the Contract. Failure or refusal to provide the requested information prior to execution of the Contract may result in forfeiture of the Bidder’s Bid deposit or bond to the Agency, and the Agency may award the Contract to the next lowest responsive and responsible Bidder, or may call for new Bids.

24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

In accordance with the provisions of the CA 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 Section 1777.1 or Section 1777.7 of the Labor Code. 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 public money that is paid to a debarred subcontractor by the Contractor shall be returned to the Agency. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor used on the Work.

25. IRAN CONTRACTING ACT CERTIFICATION

Each bidder shall submit the certification required by the Iran Contracting Act of 2010, CA Public Contract Code section 2200 et seq. included in the Bid Documents.

26. PERFORMANCE BOND AND PAYMENT (LABOR AND MATERIALS) BOND

REQUIREMENTS

Within the time specified in the Contract Documents, the successful bidder shall deliver to the Agency two identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond in the form supplied by the Agency and included in the Contract Documents. Failure to do so may, in the sole discretion of Agency, result in the forfeiture of the Bid Security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business in the State of California and satisfactory to the Agency. The Performance Bond and the Payment (Labor and Materials) Bond shall be for one hundred percent (100%) of the Total Bid Price.

27. REQUEST FOR SUBSTITUTIONS

The successful bidder shall comply with the substitution request procedures set forth in the Contract Documents.

28. 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, City sales tax (currently 8.75%), and other applicable taxes, and to pay for permits, City Business License 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. Bidders shall include all applicable taxes and fees in their bid. Bidder and subcontractors shall procure a business tax license from the City of Port Hueneme and pay all applicable local business taxes as set forth in the Port Hueneme Municipal Code, no later than 5 working days after the award of contract by Board.

29. EXECUTION OF CONTRACT

As required herein the successful bidder shall execute the Contract included with the bid documents in the amount determined in accordance with the Contract Documents. The Agency may require appropriate evidence that the persons executing the Contract are duly authorized to do so on the Contractor’s behalf.

END OF INSTRUCTIONS TO BIDDERS

BIDDER’S CHECKLIST

BID FORM 1

BIDDER’S CHECKLIST

This checklist has been prepared and furnished to assist Bidders in including all items necessary for a complete Bid. Omission of items from the list does not relieve the Bidders of the obligation to comply with all requirements of the bid documents.

Bidders' submittals should include, but are not necessarily limited to, the following:

Item Checked

1. Bidders Checklist Sheet (this sheet)

2. Bid

3. Contractor’s Certificate regarding Workers’ Compensation

4. Bid Bond or other security

5. List of Subcontractors Information

6. Information Required of Bidders

7. Non-Collusion Declaration

8. Iran Contracting Act Certification

9. Public Works Contractor Registration Certification _____

Bidder acknowledges and understands that, pursuant to CA Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to CA Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Name of Bidder

Signature

Name and Title

Dated

BID

BID FORM 2

NAME OF BIDDER:

The undersigned Bidder hereby declares that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Work:

DESALTER IMPROVEMENTS – BAG FILTRATION SYSTEM REPLACEMENT

(Project No. WA2504)

We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Work in strict accordance with the Contract Documents for the Bid Price shown on the following Bid Schedule:

BID SCHEDULE

Item No.

Description Estimated Quantity

Unit Unit Price Extended Amount

Mobilization, Demobilization, Bonds & Insurance

1 LS $ $

Furnish and Install Bag

Filtration System Replacement Improvements

1 LS $ $

Removal of Existing Bag

Filtration System and Piping

1 LS $ $

Total (Base Bid)

Bid Alternate: Furnish and Install Schedule 80 CPVC Pipe and Fittings in Lieu of

304 Stainless Steel Pipe and Fittings

1 LS $ $

Total (Base Bid With Bid Alternate Item No. 4)

Bidders must provide pricing for every bid item. If the Agency provides a bid item cost for “Mobilization,” Bidders shall incorporate that item cost into the bid without modification. If the cost for Mobilization if not listed in the bid items, the value for Mobilization shall not exceed the percentage listed in Article 40 of the General Conditions.

The estimated quantities for unit price items are for bidding purposes only and the Agency makes no representation that the actual quantities of work performed will not vary from the estimates.

In case of discrepancy between the unit price and the item cost set forth for a unit price item, the item cost, calculated at the unit price multiplied by the estimated quantity, shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. If any of the above discrepancies exist, the Agency may recalculate the bid price on the basis of the unit price and the bidder agrees to be bound by such recalculation. Final payment for unit price items shall be determined by the Agency from measured quantities of work actually performed.

BASE BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES):

Total Bid Price in Numbers

Base Bid Price in Written Form

BASE BID WITH BID ALTERNATE ITEM NO. 4 PRICE (BASED ON BID SCHEDULE

TOTAL OF UNIT PRICES):

Total Bid With Bid Alternate Item No. 4 Price in Numbers

Base Bid With Bid Alternate Item No. 4 Price in Written Form

In case of discrepancy between the written price and the numerical price, the written price shall prevail. The undersigned agrees that this Bid Form constitutes a firm offer to the Agency which cannot be withdrawn for the number of calendar days stated in the Notice Inviting Bids from the bid opening, or until a Contract for the Work is fully executed by the Agency and a third party, whichever is earlier.

Name of Bidder or Firm

The Contract Time shall commence on the date stated in the Agency’s Notice to Proceed.

In no case shall the Contractor commence construction prior to the date stated in the Agency’s Notice to Proceed, or before providing the required bonds and evidence of insurance.

Bidder certifies that it is licensed in accordance with the California law providing for the registration of Contractors, License No. _________, Expiration Date _______, class of license _____. If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents.

Addenda No. _______________________

Addenda No. _______________________

Addenda No. _______________________

Addenda No. _______________________

Name of Bidder or Firm

WORKER’S COMPENSATION

BID FORM 3

CONTRACTOR’S CERTIFICATE REGARDING

WORKERS’ COMPENSATION

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

Name of Bidder

Signature

Name

Title

BID BOND

BID FORM 4

KNOW ALL PERSONS BY THESE PRESENTS that, hereinafter called the PRINCIPAL, and ,a corporation duly organized under the laws of the State of ______________________, having its principal place of business at ___________________________________________in the State of _______________________ and authorized to do business in the State of California, hereinafter call the SURETY, are held and firmly bound unto the Port Hueneme Water Agency, hereinafter called the OBLIGEE, on order, in the sum of ________________________________Dollars ($________________) (being at least ten percent (10%) of the total amount of PRINCIPAL'S bid price) lawful money of the United States, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

WHEREAS, the PRINCIPAL has submitted its Bid for the project entitled __________________________________ to the OBLIGEE, the Bid, by reference thereto; being hereby made a part hereof.

NOW, THEREFORE, if the Bid is rejected or, in the alternate, if the Bid is accepted and the PRINCIPAL signs and delivers a Contract and furnishes evidence of insurance and a Performance Bond and Payment Bond, all in the form and within the time required by the Contract Documents, then this obligation shall become null and void, otherwise the same shall remain in full force and effect and upon default of the PRINCIPAL shall be forfeited to the OBLIGEE, it being expressly understood and agreed that the liability of the SURETY for any and all default of the PRINCIPAL shall be the entire amount of this obligation as herein stated, as liquidated damages.

The SURETY, for value received, hereby agrees that the obligations of SURETY and its bond shall not be impaired or affected by any extension of the time within which the OBLIGEE may accept the Bid, and the SURETY hereby waives notice of any such extension.

Received and Accepted:

City of Port Hueneme\Port Hueneme Water Agency

Date

BOND NUMBER

In the event suit is brought upon this bond by the OBLIGEE and judgment is recovered, the SURETY shall pay, in addition to the sum set forth above, all costs incurred by the OBLIGEE in such suit, including reasonable attorney's fees and expert witness fees, to be fixed by the court, in addition to the penal sum of the Bond.

Signed this day of , 20___

PRINCIPAL

BY

SURETY

BY

Note: Signature of person executing for SURETY must be notarized and evidence of corporate authority attached.

THE FOLLOWING INFORMATION IS REQUIRED

Any claims under this bond may be addressed to:

(Name and Address of Surety) ___________________________________________

(Name and Address of Agent or ___________________________________________ Representative for service of process in California, if different ___________________________________________ from above)

(Telephone number of Surety and ___________________________________________ Agent or Representative for service of process in California)

Received and Accepted:

City of Port Hueneme/ Port Hueneme Water Agency

Date

End of Section

City of Port Hueneme/Port Hueneme Water Agency

Date

ACKNOWLEDGMENT

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

State of California County of ___________________________ )

On ________________________ before me, (insert name and title of the officer) personally appeared _______________________________________________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

DESIGNATION OF SUBCONTRACTORS

BID FORM 5

In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, Sections 4100 et seq., each bidder shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information, unless permitted by law.

If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.

The Agency requires the Contractor to perform at least 40% of the Work with its own forces and equipment.

The awarded Contractor and their subcontractors will have a valid City business license prior to performing the work.

Work to be Performed Subcontractor

Address Location of Business

% of the

Work

Contractor License

Number(s)

PWCR / DIR

Registration

Number

BID FORM 5

Work to be…